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PLANNING COMMISSION AGENDA

COUNCIL CHAMBERS 495 SOUTH MAIN STREET PHONE 229-6011


CITY OF LAS VEGAS INTERNET ADDRESS: www.lasvegasnevada.gov
LAS VEGAS CITY COUNCIL

COMMISSIONERS

Mayor Carolyn G. Goodman, (At-Large)


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

Todd L. Moody, Chair


Trinity Haven Schlottman, Vice Chair
Byron Goynes
Richard Truesdell
Vicki Quinn
Gus W. Flangas
Vacant

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

May 12, 2015


6:00 PM
ITEMS MAY BE TAKEN OUT OF THE ORDER PRESENTED AT THE DISCRETION OF THE CHAIRPERSON. TWO OR
MORE AGENDA ITEMS FOR CONSIDERATION MAY BE COMBINED; AND ANY ITEM ON THE AGENDA MAY BE
REMOVED OR RELATED DISCUSSION MAY BE DELAYED AT ANY TIME. BACKUP MATERIAL FOR THIS AGENDA
MAY BE OBTAINED FROM CHRYSTAL JACOBS, DEPARTMENT OF PLANNING, 333 NORTH RANCHO DRIVE, 3 RD
FLOOR, (702)-229-6301 OR ON THE CITYS WEBPAGE AT www.lasvegasnevada.gov.
NOTICE:

This meeting has been properly noticed and posted at the following locations:
City Hall, 495 South Main Street, 1st Floor
Clark County Government Center, 500 South Grand Central Parkway
Grant Sawyer Building, 555 East Washington Avenue
City of Las Vegas Development Services Center, 333 North Rancho Drive

ACTIONS:

ALL ACTIONS EXCEPT GENERAL PLAN AMENDMENTS, REZONINGS AND RELATED CASES
THERETO ARE FINAL UNLESS AN APPEAL IS FILED BY THE APPLICANT OR AN
AGGRIEVED PERSON, OR A REVIEW IS REQUESTED BY A MEMBER OF THE CITY
COUNCIL WITHIN TEN DAYS AND PAYMENT OF THOSE COSTS SHALL BE MADE UPON
FILING OF THE APPLICATION.
ANY ITEM LISTED IN THIS AGENDA MAY BE TAKEN OUT OF ORDER IF SO REQUESTED
BY THE APPLICANT, STAFF, OR A MEMBER OF THE PLANNING COMMISSION AND
AGREED TO BY THE PLANNING COMMISSION. THE PLANNING COMMISSION MAY
IMPOSE TIME LIMITATIONS, AS NECESSARY, ON THOSE PERSONS WISHING TO BE
HEARD ON ANY AGENDAED ITEM.
Planning Commission May 12, 2015 - Page 1

PLANNING COMMISSION MEETING RULES OF CONDUCT:


1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

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

BUSINESS ITEMS:
1.

CALL TO ORDER

2.

ANNOUNCEMENT: COMPLIANCE WITH OPEN MEETING LAW

3.

ROLL CALL

4.

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

5.

FOR POSSIBLE ACTION TO APPROVE THE FINAL MINUTES FOR THE PLANNING COMMISSION MEETING
OF APRIL 14, 2015.

6.

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

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

Planning Commission May 12, 2015 - Page 2

7.

TMP-58507 - TENTATIVE MAP - BRISTLE HEIGHTS - APPLICANT: MOSAIC LAND, LLC - OWNER: S I C
NEVADA ONE, LLC, ET AL - For possible action on a request for a Tentative Map FOR A 58-LOT SINGLE-FAMILY
RESIDENTIAL SUBDIVISION on 10.42 acres at the south side of Deer Springs Way, approximately 285 feet east of
Hualapai Way (APNs 125-19-301-002 and 003), R-CL (Single Family Compact-Lot) Zone, Ward 6 (Ross) [PRJ-58401].
Staff recommends APPROVAL.

8.

TMP-58560 - TENTATIVE MAP - SKYE CANYON II - APPLICANT: NINETY FIVE MANAGEMENT, LLC OWNER: SECTION 12, LLC, ET AL - For possible action on a request for a Tentative Map FOR A PROPOSED 66LOT MIXED USE SUBDIVISION on 1,501.80 acres at the northeast corner of Grand Teton Drive and Puli Drive
(Multiple APNs), T-D (Traditional Development) Zone, Ward 6 (Ross) [PRJ-58484]. Staff recommends APPROVAL.

ONE MOTION - ONE VOTE


THE FOLLOWING ARE ITEMS THAT MAY BE CONSIDERED IN ONE MOTION/ONE VOTE. THEY ARE CONSIDERED
ROUTINE NON-PUBLIC AND PUBLIC HEARING ITEMS. ALL PUBLIC HEARINGS AND NON-PUBLIC HEARINGS
WILL BE OPENED AT ONE TIME. ANY PERSON REPRESENTING AN APPLICATION OR A MEMBER OF THE PUBLIC
OR A MEMBER OF THE PLANNING COMMISSION NOT IN AGREEMENT WITH THE CONDITIONS AND ALL
STANDARD CONDITIONS FOR THE APPLICATION RECOMMENDED BY STAFF, SHOULD REQUEST TO HAVE
THAT ITEM REMOVED FROM THIS PART OF THE AGENDA.
9.

ZON-58533 - REZONING - PUBLIC HEARING - APPLICANT: PRECEDENT PROPERTIES, LLC - OWNER:


MARK EVERETT THROWER - For possible action on a request for a Rezoning FROM: R-E (RESIDENCE
ESTATES) TO: R-1 (SINGLE FAMILY RESIDENTIAL) on 2.03 acres at the northwest corner of Deer Springs Way and
Thom Boulevard (APN 125-24-602-017), Ward 6 (Ross) [PRJ-58384]. Staff recommends APPROVAL.

10.

SUP-58548 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: PREMIER EDUCATIONAL


FACILITIES, LLC - OWNER: SOUTHWEST CARPENTERS TRAINING - For possible action on a request for a
Special Use Permit FOR A PUBLIC SCHOOL, PRIMARY USE at 4131 East Bonanza Road (APN 140-31-501-002), C-1
(Limited Commercial) Zone, Ward 3 (Coffin) [PRJ-58512]. Staff recommends APPROVAL.

11.

SUP-58549 - SPECIAL USE PERMIT RELATED TO SUP-58548 - PUBLIC HEARING - APPLICANT:


PREMIER EDUCATIONAL FACILITIES, LLC - OWNER: SOUTHWEST CARPENTERS TRAINING - For
possible action on a request for a Special Use Permit FOR A PUBLIC SCHOOL, SECONDARY USE at 4131 East
Bonanza Road (APN 140-31-501-002), C-1 (Limited Commercial) Zone, Ward 3 (Coffin) [PRJ-58512]. Staff
recommends APPROVAL.

12.

SDR-58550 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-58548 AND SUP-58549 - PUBLIC
HEARING - APPLICANT: PREMIER EDUCATIONAL FACILITIES, LLC - OWNER: SOUTHWEST
CARPENTERS TRAINING - For possible action on a request for a Site Development Plan Review FOR A
CONVERSION OF AN EXISTING 60,000 SQUARE-FOOT OFFICE BUILDING FOR A PUBLIC PRIMARY AND
SECONDARY SCHOOL USE on 6.86 acres at 4131 East Bonanza Road (APN 140-31-501-002), C-1 (Limited
Commercial) Zone, Ward 3 (Coffin) [PRJ-58512]. Staff recommends APPROVAL.

13.

SUP-58222 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: BUFFET AT ASIA - OWNER: WRI
CHARLESTON COMMONS, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED
6,349 SQUARE-FOOT BEER/WINE/COOLER ON-SALE ESTABLISHMENT USE WITHIN AN EXISTING
RESTAURANT at 151 North Nellis Boulevard (APN 140-32-802-007), C-1 (Limited Commercial) Zone, Ward 3 (Coffin)
[PRJ-57551]. Staff recommends APPROVAL.

14.

SUP-58332 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: GREAT WASH PARK,
LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED 4,623 SQUARE-FOOT
RESTAURANT WITH ALCOHOL USE WITH 2,771 SQUARE FEET OF OUTDOOR SEATING AREA WITH A
WAIVER TO ALLOW A 141-FOOT DISTANCE SEPARATION FROM A CITY PARK WHERE 400 FEET IS
REQUIRED at 440 South Rampart Boulevard, Suite #180 (APN 138-32-615-001), C-2 (General Commercial) Zone, Ward
2 (Beers) [PRJ-58274]. Staff recommends APPROVAL.

Planning Commission May 12, 2015 - Page 3

15.

SUP-58389 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: HARRISON


PROPERTIES, LTD - For possible action on a request for a Special Use Permit FOR A PROPOSED
BEER/WINE/COOLER ON-SALE ESTABLISHMENT USE WITHIN A PROPOSED 1,152 SQUARE-FOOT
RESTAURANT USE (GROUND LEVEL) at 725, 729 and 731 South Las Vegas Boulevard (APN 139-34-401-020), C-2
(General Commercial) Zone, Ward 3 (Coffin) [PRJ-58371]. Staff recommends APPROVAL.

16.

SUP-58467 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: FREMONT LV BLVD,


LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED 1,861 SQUARE-FOOT TAVERNLIMITED ESTABLISHMENT USE at 509 Fremont Street (APN 139-34-601-002), C-2 (General Commercial) Zone,
Ward 3 (Coffin) [PRJ-58370]. Staff recommends APPROVAL.

17.

SUP-58487 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: OMELET HOUSE SUMMERLIN OWNER: PATTON RAMPART, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED
BEER/WINE/COOLER ON-SALE ESTABLISHMENT USE WITHIN AN EXISTING 2,000 SQUARE-FOOT
RESTAURANT at 2227 North Rampart Boulevard (APN 138-20-522-002), P-C (Planned Community) Zone [C
(Commercial) Sun City Summerlin Special Land Use Designation], Ward 4 (Anthony) [PRJ-58233]. Staff recommends
APPROVAL.

18.

SUP-58513 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: FREMONT LV BLVD,


LLC - For possible action on a request for a Major Amendment to Special Use Permit (SUP-50433) FOR A PROPOSED
1,376 SQUARE-FOOT EXPANSION TO AN EXISTING 1,400 SQUARE-FOOT BEER/WINE/COOLER ON-SALE
ESTABLISHMENT USE WITHIN AN EXISTING RESTAURANT at 505 Fremont Street (APN 139-34-601-002), C-2
(General Commercial) Zone, Ward 3 (Coffin) [PRJ-58388]. Staff recommends APPROVAL.

19.

SUP-58537 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: JUDY AND BRIAN
ALBISER LIVING TRUST 2005 - For possible action on a request for a Special Use Permit FOR A GAMING
ESTABLISHMENT, GENERAL BUSINESS-RELATED USE WITHIN AN EXISTING 2,000 SQUARE-FOOT
GENERAL RETAIL STORE, OTHER THAN LISTED at 1201 Stewart Avenue, Suite #3 (APN 139-35-211-073), C-2
(General Commercial) Zone, Ward 5 (Barlow) [PRJ-58503]. Staff recommends APPROVAL.

20.

SUP-58547 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: HARVEST & LARDER, LLC OWNER: PROVIEW SERIES 21, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED
URBAN LOUNGE USE WITHIN A PROPOSED 4,687 SQUARE-FOOT RESTAURANT WITH 654 SQUARE FEET
OF OUTDOOR SEATING AREA at 1130 South Casino Center Boulevard (APN 162-03-110-069), C-1 (Limited
Commercial) Zone, Ward 3 (Coffin) [PRJ-58492]. Staff recommends APPROVAL.

21.

SUP-58568 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: C-A-L RANCH STORES - OWNER:
D & W, INC. - For possible action on a request for a Special Use Permit FOR A PROPOSED LIQUEFIED
PETROLEUM GAS INSTALLATION (OVER 288 GALLONS) USE at 232 North Jones Boulevard (APN 138-25-404004), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ-58428]. Staff recommends APPROVAL.

PUBLIC HEARING ITEMS


22.

DIR-58577 - DIRECTOR'S BUSINESS - To receive a presentation on the status of the Charleston Corridor Plan. Staff
has NO RECOMMENDATION.

23.

DIR-58929 - DIRECTOR'S BUSINESS - To receive a presentation on the status of the Las Vegas Medical District
Facilities Master Plan. Staff has NO RECOMMENDATION.

24.

ABEYANCE - SUP-57330 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:


HOMELESS HELPERS - For possible action on a request for a Special Use Permit FOR AN ALTERNATIVE
PARKING STANDARD TO ALLOW FOUR PARKING SPACES WHERE 16 SPACES ARE REQUIRED FOR A
PROPOSED SOCIAL SERVICE PROVIDER USE at 200 Foremaster Lane (APN 139-27-504-002), C-2 (General
Commercial) Zone, Ward 5 (Barlow) [PRJ-56939]. Staff recommends DENIAL.

25.

ABEYANCE - SUP-57331 - SPECIAL USE PERMIT RELATED TO SUP-57330 - PUBLIC HEARING APPLICANT/OWNER: HOMELESS HELPERS - For possible action on a request for a Special Use Permit FOR A
PROPOSED SOCIAL SERVICE PROVIDER at 200 Foremaster Lane (APN 139-27-504-002), C-2 (General
Commercial) Zone, Ward 5 (Barlow) [PRJ-56939]. Staff recommends DENIAL.
Planning Commission May 12, 2015 - Page 4

26.

ABEYANCE - RENOTIFICATION - VAR-58121 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER:


HAND PROPERTY HOLDING COMPANY - For possible action on a request for a Variance TO ALLOW 404
PARKING SPACES WHERE 473 SPACES ARE REQUIRED FOR A PROPOSED 228-UNIT MULTI-FAMILY
RESIDENTIAL DEVELOPMENT at 501 North Lamb Boulevard (APN 140-31-501-021), R-3 (Medium Density
Residential) Zone, Ward 3 (Coffin) [PRJ-58035]. Staff recommends DENIAL. NOTE: THIS APPLICATION HAS
BEEN AMENDED TO ALLOW 380 PARKING SPACES WHERE 473 SPACES ARE REQUIRED.

27.

ABEYANCE - VAR-58122 - VARIANCE RELATED TO VAR-58121 - PUBLIC HEARING APPLICANT/OWNER: HAND PROPERTY HOLDING COMPANY - For possible action on a request for a
Variance TO ALLOW A SEVEN-FOOT TALL FRONT YARD FENCE WHERE FIVE-FOOT IS THE MAXIMUM
ALLOWED at 501 North Lamb Boulevard (APN 140-31-501-021), R-3 (Medium Density Residential) Zone, Ward 3
(Coffin) [PRJ-58035]. Staff recommends DENIAL.

28.

ABEYANCE - VAR-58123 - VARIANCE RELATED TO VAR-58121 AND VAR-58122 - PUBLIC HEARING APPLICANT/OWNER: HAND PROPERTY HOLDING COMPANY - For possible action on a request for a
Variance TO ALLOW NO WHEEL STOPS WHERE REQUIRED ADJACENT TO A SIDEWALK LESS THAN
SEVEN FEET WIDE at 501 North Lamb Boulevard (APN 140-31-501-021), R-3 (Medium Density Residential) Zone,
Ward 3 (Coffin) [PRJ-58035]. Staff recommends DENIAL.

29.

ABEYANCE - SDR-58124 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-58121, VAR-58122


AND VAR-58123 - PUBLIC HEARING - APPLICANT/OWNER: HAND PROPERTY HOLDING COMPANY For possible action on a request for a Site Development Plan Review FOR A PROPOSED 228-UNIT MULTI-FAMILY
RESIDENTIAL DEVELOPMENT WITH A WAIVER TO ALLOW A FIVE-FOOT WIDE LANDSCAPE BUFFER
WHERE SIX FEET IS REQUIRED ALONG THE WEST, NORTH AND SOUTH PERIMETERS on 12.65 acres at 501
North Lamb Boulevard (APN 140-31-501-021), R-3 (Medium Density Residential) Zone, Ward 3 (Coffin) [PRJ-58035].
Staff recommends DENIAL.

30.

ABEYANCE - VAR-58157 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: LEVY-WOLF FAMILY


TRUST - For possible action on a request for a Variance TO ALLOW A 42-FOOT FRONT YARD SETBACK WHERE
50 FEET IS REQUIRED FOR A PROPOSED ADDITION TO A RESIDENCE at 2045 South Tenaya Way (APN 163-03306-007), R-E (Residence Estates) Zone, Ward 1 (Tarkanian) [PRJ-58018]. Staff recommends DENIAL.

31.

ABEYANCE - SUP-58161 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: MARKET &
SMOKES - OWNER: PATRICIA WONG - For possible action on a request for a Special Use Permit FOR A
PROPOSED RETAIL ESTABLISHMENT WITH ACCESSORY PACKAGE LIQUOR OFF-SALE USE WITHIN A
PROPOSED 5,300 SQUARE-FOOT GENERAL RETAIL STORE at 5900 West Cheyenne Avenue (APN 138-12-416007), C-1 (Limited Commercial) Zone, Ward 5 (Barlow) [PRJ-58053]. Staff recommends APPROVAL.

32.

ABEYANCE - VAC-58163 - VACATION - PUBLIC HEARING - APPLICANT/OWNER: DIAMOND ZING, LLC


- For possible action on a request for a Petition to Vacate the public right-of-way commonly known as Lewis Avenue on
the south side of property located on the northeast corner of Lewis Avenue and 10th Street, Ward 3 (Coffin) [PRJ-57806].
Staff recommends DENIAL.

33.

GPA-58319 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS


VEGAS - For possible action on a request for a General Plan Amendment to amend the Master Plan of Streets and
Highways TO ADD 6TH STREET, 7TH STREET, 8TH STREET, 9TH STREET, 10TH STREET, 11TH STREET,
CARSON AVENUE WEST, BRIDGER AVENUE WEST, CLARK AVENUE WEST, PROMENADE PLACE, CITY
PARKWAY SOUTH AND SYMPHONY PARK EAST AND WEST AS COLLECTOR STREETS, Ward 3 (Coffin) and
Ward 5 (Barlow) [PRJ-58551]. Staff recommends APPROVAL.

34.

ZON-58518 - REZONING - PUBLIC HEARING - APPLICANT: BEACH CITIES INVESTMENTS - OWNER:


SARAH ANN JOHNSON, ET AL - For possible action on a request for a Rezoning FROM: R-3 (MEDIUM DENSITY
RESIDENTIAL) TO: P-O (PROFESSIONAL OFFICE) on 0.19 acres at 510 South 10th Street (APN 139-34-810-090),
Ward 3 (Coffin) [PRJ-58313]. Staff recommends APPROVAL.

Planning Commission May 12, 2015 - Page 5

35.

VAR-58519 - VARIANCE RELATED TO ZON-58518 - PUBLIC HEARING - APPLICANT: BEACH CITIES


INVESTMENTS - OWNER: SARAH ANN JOHNSON, ET AL - For possible action on a request for a Variance TO
ALLOW FIVE PARKING SPACES WHERE 11 SPACES ARE REQUIRED FOR A PROPOSED OFFICE, OTHER
THAN LISTED USE on 0.19 acres at 510 South 10th Street (APN 139-34-810-090), R-3 (Medium Density Residential)
Zone [PROPOSED: P-O (Professional Office)], Ward 3 (Coffin) [PRJ-58313]. Staff recommends DENIAL.

36.

SDR-58520 - SITE DEVELOPMENT PLAN REVIEW RELATED TO ZON-58518 AND VAR-58519 - PUBLIC
HEARING - APPLICANT: BEACH CITIES INVESTMENTS - OWNER: SARAH ANN JOHNSON, ET AL - For
possible action on a request for a Site Development Plan Review TO CONVERT AN EXISTING 3,298 SQUARE-FOOT
MULTI-FAMILY RESIDENTIAL BUILDING TO AN OFFICE BUILDING WITH WAIVERS TO ALLOW A ZEROFOOT WIDE LANDSCAPE BUFFER ALONG A PORTION OF THE NORTH AND SOUTH PROPERTY LINES
WHERE AN EIGHT-FOOT LANDSCAPE BUFFER IS REQUIRED on 0.19 acres at 510 South 10th Street (APN 13934-810-090), R-3 (Medium Density Residential) Zone [PROPOSED: P-O (Professional Office)], Ward 3 (Coffin) [PRJ58313]. Staff recommends DENIAL.

37.

VAR-58410 - VARIANCE - PUBLIC HEARING - APPLICANT: PAYLESS TIRE SHOP - OWNER: 530
HOLDINGS, LLC - For possible action on a request for a Variance TO ALLOW NINE PARKING SPACES WHERE 11
SPACES ARE REQUIRED FOR AN EXISTING AUTO REPAIR GARAGE, MINOR USE on 0.37 acres at 530 North
Las Vegas Boulevard (APN 139-27-804-001), C-2 (General Commercial) Zone, Ward 5 (Barlow) [PRJ-57975]. Staff
recommends DENIAL.

38.

VAR-58411 - VARIANCE RELATED TO VAR-58410 - PUBLIC HEARING - APPLICANT: PAYLESS TIRE


SHOP - OWNER: 530 HOLDINGS, LLC - For possible action on a request for a Variance TO ALLOW A ZEROFOOT REAR YARD SETBACK WHERE 20 FEET IS REQUIRED, A ZERO-FOOT SIDE YARD SETBACK WHERE
10 FEET IS REQUIRED AND TO ALLOW A FIVE-FOOT TALL SCREEN WALL WHERE EIGHT FEET IS THE
MINIMUM HEIGHT REQUIRED FOR AN EXISTING OUTDOOR STORAGE USE on 0.37 acres at 530 North Las
Vegas Boulevard (APN 139-27-804-001), C-2 (General Commercial) Zone, Ward 5 (Barlow) [PRJ-57975]. Staff
recommends DENIAL.

39.

SDR-58412 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-58410 AND VAR-58411 - PUBLIC
HEARING - APPLICANT: PAYLESS TIRE SHOP - OWNER: 530 HOLDINGS, LLC - For possible action on a
request for a Site Development Plan Review TO CHANGE THE PARKING LOT CIRCULATION AND OTHER ONSITE IMPROVEMENTS TO AN EXISTING AUTO REPAIR GARAGE, MINOR USE on 0.37 acres at 530 North Las
Vegas Boulevard (APN 139-27-804-001), C-2 (General Commercial) Zone, Ward 5 (Barlow) [PRJ-57975]. Staff
recommends DENIAL.

40.

VAR-58471 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: RYLAND HOMES NEVADA, LLC For possible action on a request for a Variance TO ALLOW A 16-FOOT FRONT YARD SETBACK WHERE 25 FEET
IS REQUIRED on 0.32 acres at 6917 Winter Rain Street (APN 125-19-210-023), R-D (Single Family ResidentialRestricted) Zone, Ward 6 (Ross) [PRJ-58310]. Staff recommends DENIAL. NOTE: THE APPLICANT/OWNER IS
RICHMOND AMERICAN HOMES NV INC.

41.

VAR-58473 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: RYLAND HOMES NEVADA, LLC For possible action on a request for a Variance TO ALLOW A 15-FOOT FRONT YARD SETBACK WHERE 25 FEET
IS REQUIRED on 0.35 acres at 6927 Winter Rain Street (APN 125-19-210-037), R-D (Single Family ResidentialRestricted) Zone, Ward 6 (Ross) [PRJ-58310]. Staff recommends DENIAL. NOTE: THE APPLICANT/OWNER IS
RICHMOND AMERICAN HOMES NV INC.

42.

VAR-58474 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: RYLAND HOMES NEVADA, LLC For possible action on a request for a Variance TO ALLOW A 15-FOOT FRONT YARD SETBACK WHERE 25 FEET
IS REQUIRED on 0.34 acres at 6930 Summer Sky Street (APN 125-19-210-047), R-D (Single Family ResidentialRestricted) Zone, Ward 6 (Ross) [PRJ-58310]. Staff recommends DENIAL. NOTE: THE APPLICANT/OWNER IS
RICHMOND AMERICAN HOMES NV INC.

43.

VAR-58475 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: RYLAND HOMES NEVADA, LLC For possible action on a request for a Variance TO ALLOW A 16-FOOT FRONT YARD SETBACK WHERE 25 FEET
IS REQUIRED on 0.48 acres at 6820 Velvet Snow Street (APN 125-19-210-062), R-D (Single Family ResidentialRestricted) Zone, Ward 6 (Ross) [PRJ-58310]. Staff recommends DENIAL. NOTE: THE APPLICANT/OWNER IS
RICHMOND AMERICAN HOMES NV INC.
Planning Commission May 12, 2015 - Page 6

44.

VAR-58476 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: RYLAND HOMES NEVADA, LLC For possible action on a request for a Variance TO ALLOW A 21-FOOT FRONT YARD SETBACK WHERE 25 FEET
IS REQUIRED on 0.29 acres at 9705 Summer Bliss Avenue (APN 125-19-210-066), R-D (Single Family ResidentialRestricted) Zone, Ward 6 (Ross) [PRJ-58310]. Staff recommends DENIAL. NOTE: THE APPLICANT/OWNER IS
RICHMOND AMERICAN HOMES NV INC.

45.

VAR-58505 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: DR HORTON, INC. - For possible


action on a request for a Variance TO ALLOW AN EIGHT-FOOT REAR YARD SETBACK WHERE 10 FEET IS
REQUIRED on 0.08 acres at 9209 Robla Creek Court (APN 138-07-625-025), R-CL (Single Family Compact-Lot) Zone,
Ward 4 (Anthony) [PRJ-58413]. Staff recommends DENIAL.

46.

VAR-58506 - VARIANCE - PUBLIC HEARING - APPLICANT/ OWNER: DR HORTON, INC. - For possible
action on a request for a Variance TO ALLOW AN EIGHT-FOOT REAR YARD SETBACK WHERE 10 FEET IS
REQUIRED on 0.08 acres at 9210 Robla Creek Court (APN 138-07-625-028), R-CL (Single Family Compact-Lot) Zone,
Ward 4 (Anthony) [PRJ-58413]. Staff recommends DENIAL.

47.

VAR-58599 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: INVESTOR EQUITY HOMES, LLC


50% AND MOSAIC LAND 2, LLC 50% - For possible action on a request for a Variance TO ALLOW NO OFFSITE
IMPROVEMENTS ON TIOGA WAY AND NO CURB, GUTTER OR STREETLIGHTS ON RACEL STREET WHERE
SUCH ARE REQUIRED on 2.36 acres on the southeast corner of Racel Street and Tioga Way (APN 125-10-402-001), RE (Residence Estates) Zone, Ward 6 (Ross) [PRJ-58320]. Staff recommends DENIAL.

48.

VAR-58600 - VARIANCE RELATED TO VAR-58599 - PUBLIC HEARING - APPLICANT/OWNER:


INVESTOR EQUITY HOMES, LLC 50% AND MOSAIC LAND 2, LLC 50% - For possible action on a request for a
Variance TO ALLOW AN EIGHT-FOOT TALL RETAINING WALL WHERE FOUR FEET IS THE MAXIMUM
ALLOWED on 2.36 acres on the southeast corner of Racel Street and Tioga Way (APN 125-10-402-001), R-E (Residence
Estates) Zone, Ward 6 (Ross) [PRJ-58320]. Staff recommends DENIAL.

49.

VAR-58682 - VARIANCE RELATED TO VAR-58599 AND VAR-58600 - PUBLIC HEARING APPLICANT/OWNER: INVESTOR EQUITY HOMES, LLC 50% AND MOSAIC LAND 2, LLC 50% - For
possible action on a request for a Variance TO ALLOW NO SIDEWALKS, STREETLIGHTS OR GATE ON A
PRIVATE STREET WHERE SUCH ARE REQUIRED on 2.36 acres on the southeast corner of Racel Street and Tioga
Way (APN 125-10-402-001), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-58320]. Staff recommends DENIAL.

50.

WVR-58613 - WAIVER RELATED TO VAR-58599, VAR-58600 AND VAR-58682 - PUBLIC HEARING APPLICANT/OWNER: INVESTOR EQUITY HOMES, LLC 50% AND MOSAIC LAND 2, LLC 50% - For
possible action on a request for a Waiver TO ALLOW A 175-FOOT INTERSECTION OFFSET WHERE 220 FEET IS
REQUIRED on 2.36 acres on the southeast corner of Racel Street and Tioga Way (APN 125-10-402-001), R-E (Residence
Estates) Zone, Ward 6 (Ross) [PRJ-58320]. Staff recommends DENIAL.

51.

TMP-58528 - TENTATIVE MAP RELATED TO VAR-58599, VAR-58600, VAR-58682 AND WVR-58613 - SEC
TIOGA & RACEL - PUBLIC HEARING - APPLICANT/OWNER: INVESTOR EQUITY HOMES, LLC 50%
AND MOSAIC LAND 2, LLC 50% - For possible action on a request for a Tentative Map FOR A FOUR-LOT
SINGLE-FAMILY RESIDENTIAL SUBDIVISION on 2.36 acres on the southeast corner of Racel Street and Tioga Way
(APN 125-10-402-001), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-58320]. Staff recommends DENIAL.

52.

VAR-58604 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: INVESTOR EQUITY HOMES, LLC For possible action on a request for a Variance TO ALLOW NO OFFSITE IMPROVEMENTS ON ACKERMAN
AVENUE AND TIOGA WAY WHERE SUCH ARE REQUIRED on 2.82 acres on the southeast corner of Ackerman
Avenue and Tioga Way (APN 125-10-402-005), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-58597]. Staff
recommends DENIAL.

53.

VAR-58606 - VARIANCE RELATED TO VAR-58604 - PUBLIC HEARING - APPLICANT/OWNER:


INVESTOR EQUITY HOMES, LLC - For possible action on a request for a Variance TO ALLOW EIGHT-FOOT
TALL RETAINING WALLS WHERE FOUR FEET IS THE MAXIMUM ALLOWED on 2.82 acres on the southeast
corner of Ackerman Avenue and Tioga Way (APN 125-10-402-005), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ58597]. Staff recommends DENIAL.

Planning Commission May 12, 2015 - Page 7

54.

VAR-58683 - VARIANCE RELATED TO VAR-58604 AND VAR-58606 - PUBLIC HEARING APPLICANT/OWNER: INVESTOR EQUITY HOMES, LLC - For possible action on a request for a Variance TO
ALLOW NO SIDEWALKS, STREETLIGHTS OR GATE ON A PRIVATE STREET WHERE SUCH ARE REQUIRED
on 2.82 acres on the southeast corner of Ackerman Avenue and Tioga Way (APN 125-10-402-005), R-E (Residence
Estates) Zone, Ward 6 (Ross) [PRJ-58597]. Staff recommends DENIAL.

55.

WVR-58614 - WAIVER RELATED TO VAR-58604, VAR-58606 AND VAR-58683 - PUBLIC HEARING APPLICANT/OWNER: INVESTOR EQUITY HOMES, LLC - For possible action on a request for a Waiver TO
ALLOW A 200-FOOT INTERSECTION OFFSET WHERE 220 FEET IS REQUIRED on 2.82 acres on the southeast
corner of Ackerman Avenue and Tioga Way (APN 125-10-402-005), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ58597]. Staff recommends DENIAL.

56.

VAR-58558 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: HARRISON PROPERTIES, LTD - For


possible action on a request for a Variance TO ALLOW A PROPOSED ROOF SIGN TO PROJECT HORIZONTALLY
SEVEN FEET FROM THE ROOF WHERE FOUR FEET IS ALLOWED on 0.77 acres at 709-731 South Las Vegas
Boulevard (APN 139-34-401-020), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-57677]. Staff recommends
DENIAL.

57.

SUP-58539 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: SENIOR NEVADA


BENEFIT GROUP, LP - For possible action on a request for a Special Use Permit FOR A PROPOSED MOTOR
VEHICLE SALES (USED) USE WITH A WAIVER TO ALLOW 18,295 SQUARE FEET OF AREA DEDICATED TO
THE USE WHERE 25,000 SQUARE FEET IS THE MINIMUM REQUIRED at 2600 Fremont Street (APN 162-01-103001), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-57899]. Staff recommends APPROVAL.

58.

SDR-58540 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-58539 - PUBLIC HEARING APPLICANT/OWNER: SENIOR NEVADA BENEFIT GROUP, LP - For possible action on a request for a Site
Development Plan Review FOR A PROPOSED MOTOR VEHICLE SALES (USED) USE WITH WAIVERS TO
ALLOW A SEVEN-FOOT WIDE LANDSCAPE BUFFER ALONG THE EAST PROPERTY LINE AND A FIVEFOOT WIDE LANDSCAPE BUFFER ALONG A PORTION OF THE WEST PROPERTY LINE WHERE 15 FEET IS
REQUIRED ADJACENT TO RIGHT-OF-WAY on 0.42 acres at 2600 Fremont Street (APN 162-01-103-001), C-2
(General Commercial) Zone, Ward 3 (Coffin) [PRJ-57899]. Staff recommends APPROVAL.

59.

SUP-58561 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: TOWER DISTRIBUTION


CENTER, LLC - OWNER: SOUTHWEST COLLEGE OF MEDICAL-DENTAL ASSISTANTS & PRACTICAL
NURSES - For possible action on a request for a Special Use Permit FOR A PUBLIC SCHOOL, PRIMARY USE at
4624-4660 North Rancho Drive (APN 138-02-113-001), C-1 (Limited Commercial) Zone, Ward 4 (Anthony) [PRJ58523]. Staff recommends APPROVAL.

60.

SDR-58562 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-58561 - PUBLIC HEARING APPLICANT: TOWER DISTRIBUTION CENTER, LLC - OWNER: SOUTHWEST COLLEGE OF MEDICALDENTAL ASSISTANTS & PRACTICAL NURSES - For possible action on a request for a Major Amendment to an
approved Site Development Plan Review (SDR-16503) FOR NINE PROPOSED DETACHED MODULAR BUILDINGS
TOTALING 14,816 SQUARE FEET on 6.42 acres at 4624-4660 North Rancho Drive (APN 138-02-113-001), C-1
(Limited Commercial) Zone, Ward 4 (Anthony) [PRJ-58523]. Staff recommends APPROVAL.

DIRECTOR'S BUSINESS:
61.

TXT-58497 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS - For
discussion and possible action on a request to amend LVMC Chapters 19.12 related to permitted uses and 19.18 related to
definitions and measures to update the descriptions, Minimum Special Use Permit requirements and definitions of Package
Liquor Off-Sale and Retail Establishment with Accessory Package Liquor Off-Sale uses, to modify distance separations
and capacity of the establishments and to provide for other related matters. Staff recommends APPROVAL.

62.

TXT-58897 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS - For
discussion and possible action on a request to amend LVMC 19.16.160 to allow for the sale of used automobiles, trucks
and boats as a Temporary Commercial Permit and to provide for other related matters. Staff recommends APPROVAL.

Planning Commission May 12, 2015 - Page 8

CITIZENS PARTICIPATION:
63.

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

Planning Commission May 12, 2015 - Page 9

Agenda Item No.: 1.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
SUBJECT:
CALL TO ORDER

Agenda Item No.: 2.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
SUBJECT:
ANNOUNCEMENT: COMPLIANCE WITH OPEN MEETING LAW

Agenda Item No.: 3.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
SUBJECT:
ROLL CALL

Agenda Item No.: 4.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
SUBJECT:
PUBLIC COMMENT DURING THIS PORTION OF THE AGENDA MUST BE LIMITED TO
MATTERS ON THE AGENDA FOR ACTION. IF YOU WISH TO BE HEARD, COME TO
THE PODIUM AND GIVE YOUR NAME FOR THE RECORD. THE AMOUNT OF
DISCUSSION, AS WELL AS THE AMOUNT OF TIME ANY SINGLE SPEAKER IS
ALLOWED, MAY BE LIMITED

Agenda Item No.: 5.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
SUBJECT:
FOR POSSIBLE ACTION TO APPROVE THE FINAL MINUTES FOR THE PLANNING
COMMISSION MEETING OF APRIL 14, 2015.

Agenda Item No.: 6.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
FOR POSSIBLE ACTION - Any items from the Planning Commission, staff and/or the
applicant wish to be stricken or held in abeyance to a future meeting may be brought forward and
acted upon at this time.

Agenda Item No.: 7.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
TMP-58507 - TENTATIVE MAP - BRISTLE HEIGHTS - APPLICANT: MOSAIC LAND,
LLC - OWNER: S I C NEVADA ONE, LLC, ET AL - For possible action on a request for a
Tentative Map FOR A 58-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION on 10.42
acres at the south side of Deer Springs Way, approximately 285 feet east of Hualapai Way
(APNs 125-19-301-002 and 003), R-CL (Single Family Compact-Lot) Zone, Ward 6 (Ross)
[PRJ-58401]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within Seven Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

TMP-58507 [PRJ-58401]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: MOSAIC LAND, LLC OWNER: S I C NEVADA
ONE, LLC, ET AL

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
TMP-58507

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL, subject to conditions:

** CONDITIONS **

TMP-58507 CONDITIONS
Planning
1.

Approval and conformance to the conditions of approval of Administrative Deviation (DVN58510) 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 within four (4) years of
the approval of the Tentative Map, this action is void.

3.

Street names must be provided in accordance with the Citys Street Naming and Addressing
Regulations.

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.

In conjunction with creation, declaration and recordation of the subject common-interest


community, and prior to recordation of the Covenants, Codes and Restrictions (CC&R), or
conveyance of any unit within the community, the Developer is required to record a
Declaration of Private Maintenance Requirements (DPMR) as a covenant on all associated
properties, and on behalf of all current and future property owners. The DPMR is to include a

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TMP-58507 [PRJ-58401]
Conditions Page Two
May 12, 2015 - Planning Commission Meeting

listing of all privately owned and/or maintained infrastructure improvements, along with
assignment of maintenance responsibility for each to the common interest community or the
respective individual property owners, and is to provide a brief description of the required
level of maintenance for privately maintained components. The DPMR must be reviewed and
approved by the City of Las Vegas Department of Field Operations prior to recordation, and
must include a statement that all properties within the community are subject to assessment for
all associated costs should private maintenance obligations not be met, and the City of Las
Vegas be required to provide for said maintenance. Also, the CC&R are to include a statement
of obligation of compliance with the DPMR. Following recordation, the Developer is to
submit copies of the recorded DPMR and CC&R documents to the City of Las Vegas
Department of Field Operations.
6.

All development is subject to the conditions of City Departments and State Subdivision
Statutes.
Public Works

7.

Dedicate 40 feet of right-of-way adjacent to this site for Deer Springs Way concurrent with
the recordation of a Final Map for this site. Additionally, submit all required documentation
and support materials to the Right-of-Way Section of the Department of Operations and
Maintenance for a Bureau of Land Management (BLM) Grant application to obtain a grant
(Sewer, Drainage, and Roadway) for the south side of Inyo Avenue adjacent to this site on
Assessor's Parcel # 125-19-301-012 prior to constructing improvements on the BLM parcel.
Civil Plans may be approved without the grant being authorized; however no construction on
Assessors Parcel 125-19-301-012 may occur until the grant is authorized by BLM and
recorded by the Right-of-Way Section. The developer must submit the BLM application to the
City for review prior to submitting to BLM for authorization. If the BLM Grant application is
submitted, but no activity has occurred toward obtaining the grant within one year of the
submittal of the BLM application, the City will make best efforts to contact the applicant and
request a project status report; however if a project status cannot be determined, the City may
withdraw the grant application. If the City withdraws the application, a brand new grant
application will be required when it is determined that efforts are being made toward obtaining
the grant.

8.

Construct half-street improvements including appropriate overpaving and pavement


transitions on Deer Springs Way adjacent to this site concurrent with development of this site.
Additionally, construct full width street improvements on Inyo Avenue including the full
cul-de-sac bulb. Obtain approval from Clark County for improvements on the south half of
Inyo Avenue. 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 applicant must accept responsibility for all stipulations required by the Bureau of Land
Management (BLM) in the offer of the grant made to the City. The off-site improvement
agreement must include a section addressing the acceptance of the BLM grant stipulations
prior to the Citys acceptance of the BLM grant.
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TMP-58507 [PRJ-58401]
Conditions Page Three
May 12, 2015 - Planning Commission Meeting

10.

Public sewer mains shall be design so that they are typically 5 feet off the street centerlines.
Final design of the sewer infrastructure must meet the approval of the Sanitary Sewer Section
of the Department of Public Works.

11.

Landscape and maintain all unimproved rights-of-way, if any, adjacent to this site. All
landscaping and private improvements installed with this project shall be situated and
maintained so as to not create sight visibility obstructions for vehicular traffic at all
development access drives and abutting street intersections.

12.

Submit an Encroachment Agreement for landscaping and private improvements in the Deer
Springs Way public right-of-way and and any other public streets prior to this issuance of
permits for these improvements. The applicant must carry an insurance policy for the term of
the Encroachment Agreement and add the City of Las Vegas as an additionally insured entity
on this insurance policy. If requested by the City, the applicant shall remove property
encroaching in the public right-of-way at the applicant's expense pursuant to the terms of the
City's Encroachment Agreement.
The installation and maintenance of all private
improvements in the public right of way shall be the responsibility of the adjacent property
owner(s) and shall be transferred with the sale of the property for the entire term of the
Encroachment Agreement. Coordinate all requirements for the Encroachment Agreement with
the Land Development Section of the Department of Building and Safety (229-4836).

13.

Meet with the Fire Protection Engineering Section of the Department of Fire Services to
discuss fire requirements for this Site Plan Prior to submittal of construction drawings 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.

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 additional 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.

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TMP-58507 [PRJ-58401]
Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The requested Tentative Map for Bristle Heights consists of a proposed 58-lot single-family
residential subdivision on 10.42 acres located adjacent to the south side of Deer Springs Way,
approximately 285 feet east of Hualapai Way. On 04/14/15, the Planning Commission approved
a Rezoning (ZON-58154) from PD (Planned Development) to R-CL (Single Family CompactLot) to conform to the previously approved ML (Medium Low Density Residential) land use
designation. The proposed 58-lot single-family residential subdivision adheres to the minimum
requirements for the R-CL zoning designation. There is a vehicular connection to the
neighboring subdivision to the east. Additionally, the subdivision includes 47-foot wide public
streets with five-foot sidewalks on both sides of the street and a three-foot private amenity zone
on each lot frontage for tree plantings. As the proposed map conforms to Nevada Revised
Statutes and Title 19 requirements, staff recommends approval, with conditions.

ISSUES

Staff approved an associated Administrative Deviation (DVN-58510) to allow a


connectivity ratio of 1.28 where 1.30 is the minimum required.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a Petition to Annex (ANX-12215) 207.83 acres
generally located north of Centennial Parkway between Shaumber Road and
02/07/07
Fort Apache Road. The Planning Commission and staff recommended
approval. The annexation became effective 02/16/07.
The City Council approved a General Plan Amendment (GPA-20465) from R
(Rural Density Residential) to PCD (Planned Community Development) on
06/06/07
23.30 acres south of Deer Springs Way, east of Hualapai Way. The Planning
Commission and staff recommended denial.
The City Council approved a Rezoning (ZON-25758) from U (Undeveloped)
[PCD (Planned Community Development) General Plan designation] to PD
(Planned Development) on 23.62 acres south of Deer Springs Way, east of
04/16/08
Hualapai Way, which included the Providence Square Master Development
Plan and Design Standards. The Planning Commission recommended
approval; staff recommended denial.

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TMP-58507 [PRJ-58401]
Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Related Relevant City Actions by P&D, Fire, Bldg., etc.


The City Council approved a Petition to Vacate (VAC-25759) U.S.
Government Patent Easements generally located east of Hualapai Way, south
of Deer Springs Way. The Planning Commission and staff recommended
approval. The approval expired 04/16/11.
The City Council approved a Site Development Plan Review (SDR-25760)
for a proposed 205,000 square-foot commercial development on 23.62 acres
at the southeast corner of Deer Springs Way and Hualapai Way. The
Planning Commission recommended approval; staff recommended denial.
The approval expired 04/16/12.
The City Council approved a Petition to Vacate (VAC-28087) U.S.
Government Patent Easements east of Hualapai Way, south of Deer Springs
08/06/08
Way. The Planning Commission and staff recommended approval. The
approval expired 08/07/11.
The City Council approved a General Plan Amendment (GPA-49489) from
PCD (Planned Community Development) to ML (Medium Low Density
Residential) on 7.97 acres on the south side of Deer Springs Way,
approximately 960 feet east of Hualapai Way. The Planning Commission
recommended approval; staff recommended denial.
09/18/13
The City Council approved a Rezoning (ZON-49494) from PD (Planned
Development) to R-CL (Single Family Compact-Lot) on 7.97 acres on the
south side of Deer Springs Way, approximately 960 feet east of Hualapai
Way. The Planning Commission recommended approval; staff recommended
denial.
The Planning Commission approved a Petition to Vacate (VAC-50851) U.S.
Government Patent Easements east of Hualapai Way, south of Deer Springs
Way. An Order of Relinquishment of Interest was recorded 05/28/14.
12/10/13
The Planning Commission approved a Tentative Map (TMP-50852) for a 60lot single-family residential subdivision on 7.97 acres on the south side of
Deer Springs Way, approximately 960 feet east of Hualapai Way. Staff
recommended approval.
The Planning Commission approved a Variance (VAR-52810) to allow a wall
height of 15 feet for a 50-foot section of perimeter wall adjacent to the 215
04/08/14
beltway where 12 feet is the maximum height allowed on a portion of 7.97
acres on the south side of Deer Springs Way, approximately 960 feet east of
Hualapai Way. Staff recommended approval.
A Final Map (FMP-53264) for an 18-lot single-family residential subdivision
05/08/14
on 2.28 acres on the south side of Deer Springs Way, approximately 960 feet
east of Hualapai Way, was recorded.
A Final Map (FMP-53457) for a 42-lot single-family residential subdivision
10/21/14
on 5.73 acres on the south side of Deer Springs Way, approximately 1,175
feet east of Hualapai Way, was recorded.

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TMP-58507 [PRJ-58401]
Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Related Relevant City Actions by P&D, Fire, Bldg., etc.


The City Council approved a General Plan Amendment (GPA-57033) from
PCD (Planned Community Development) to ML (Medium Low Density
03/18/15
Residential) on 10.42 acres on the south side of Deer Springs Way,
approximately 285 feet east of Hualapai Way. Planning Commission and staff
recommended approval.
The Planning Commission is scheduled to hear a Rezoning request from PD
(Planned Development) to R-CL (Single Family Compact-Lot) on 10.42 acres
04/14/15
on the south side of Deer Springs Way, approximately 285 feet east of
Hualapai Way. Staff recommended approval.
Staff is administratively reviewing an Administrative Deviation (DVN58510) to allow a reduction in the required connectivity ratio from 1.30 to
04/13/15
1.28 on 10.42 acres on the south side of Deer Springs Way, approximately
285 feet east of Hualapai Way.

Most Recent Change of Ownership


11/19/10
A deed was recorded for a change in ownership on APN 125-19-301-002.
11/06/12
A deed was recorded for a change in ownership on APN 125-19-301-003.

Related Building Permits/Business Licenses


There are no related business licenses or building permits for development on the subject site.

Pre-Application Meeting
Staff met with the applicant and reviewed the options available to develop a
58-lot single-family residential development at this location. The submittal
03/18/15
requirements for a Tentative Map were discussed. Also, it was determined
that either a Variance or Administrative Deviation would be required for the
connectivity ratio of 1.28 where 1.30 is required.

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

Field Check
04/02/15

The site is undeveloped and contains rocky soil and desert vegetation.

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TMP-58507 [PRJ-58401]
Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

Details of Application Request


Site Area
Gross Acres
10.42

Surrounding
Property

Existing Land Use


Per Title 19.12

Subject Property

Undeveloped

North

Undeveloped

South

Undeveloped

East

Single-Family
Residential

West

Undeveloped

Planned or Special
Land Use Designation
ML (Medium Low
Density Residential)
RNP (Rural
Neighborhood
Preservation)
R (Rural Density
Residential)
ML (Medium Low
Density Residential)
PCD (Planned
Community
Development)

Existing Zoning District


R-CL (Single Family
Compact-Lot)
R-E (Rural Estates
Residential) Clark
County
R-E (Rural Estates
Residential) Clark
County
R-CL (Single Family
Compact-Lot)
PD (Planned
Development)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
No Applicable Special Purpose or Overlay Districts
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

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
3,000 SF
Min. Lot Width
35 Feet
Min. Distance Between Intersections
125 Feet

Provided
5,000 SF
50 Feet
125 Feet

Compliance
Y
Y
Y

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TMP-58507 [PRJ-58401]
Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

Standard
Min. Setbacks
Front (to dwelling)
Front (to garage face)
Side
Corner
Rear

Required/Allowed

Provided

Compliance

14 Feet
18 Feet
10 Feet (Combined)
10 Feet
10 Feet

14 Feet
18 Feet
10 Feet (Combined)
10 Feet
10 Feet

Y
Y
Y
Y
Y

Pursuant to Title 19.04, the following streetscape standards apply:


Streetscape Standards
Required
Provided
5 sidewalk
5 sidewalk
Major Collector
3 amenity zone
3 amenity zone
(Deer Springs Way)
24 box shade trees at
24 and 36 box at 40
40 intervals
intervals
5 sidewalk
5 sidewalk
47-Foot Wide Residential
Streets
3 amenity zone
3 amenity zone
(Streets A, B, C, D
24 box shade trees at
24 box trees at 25
and Inyo Avenue)
25 intervals
intervals

Street Name

Functional
Classification of
Street(s)

Deer Springs Way

Major Collector

Compliance
Y
Y
Y
Y
Y
Y

Governing Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Master Plan of Streets


and Highways

30

19.04.040 Connectivity
Transportation Network Element
# Links
# Nodes
Internal Street
9
Intersection Internal
7
Cul-de-sac Terminus
Intersection External Street or Stub Terminus
Intersection Stub Terminus w/ Temporary Turn Around
Easements
Non-Vehicular Path - Unrestricted
Total
9
7
Required
Provided
Connectivity Ratio (Links / Nodes):
1.30
1.2857*
*Staff is reviewing an Administrative Deviation (DVN-58510) to allow a connectivity ratio of
1.28 where 1.30 is the minimum required.

GK

TMP-58507 [PRJ-58401]
Staff Report Page Six
May 12, 2015 - 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
Single Family,
2 Spaces
58
116
Detached
per Unit
116
116
Y
TOTAL SPACES REQUIRED
116
N/A
116
N/A
Y
Regular and Handicap Spaces Required

ANALYSIS
The subject site is a 10.42-acre undeveloped lot located at the south side of Deer Springs Way,
approximately 285 feet east of Hualapai Way. In March of 2015, the City Council approved a
General Plan Amendment (GPA-57033) to remove the subject site from the approved Providence
Square Master Plan and change the land use designation to ML (Medium Low Density
Residential). On 04/14/15, the Planning Commission approved a Rezoning (ZON-58154) from
PD (Planned Development) to R-CL (Single Family Compact-Lot) to conform to the previously
approved ML (Medium Low Density Residential) land use designation and continue to prepare
the site for future single-family residential development.
The applicant is currently requesting a Tentative Map for a 58-lot single-family subdivision to
cover the 10.42-acre site. The previously approved General Plan Amendment (GPA-57033)
changed the land use designation from PCD (Planned Community Development) to ML
(Medium Low Density Residential) and allows the site to accommodate up to 8.49 dwelling units
per acre. As proposed, the subject site would have a density of 5.8 dwelling units per acre, which
complies with the maximum density limitations.
The proposed lots take access from Deer Springs Way. As an 80-foot wide Major Collector, Title
19.04 requires Deer Springs Way to be constructed to Complete Streets Standards. These
standards include provisions of five-foot sidewalks and three-foot amenity zones within the
right-of-way, with shade trees to be spaced a maximum of 40 feet on center within the planter
area. The submitted landscape plan, date stamped 03/26/15, illustrates compliance with the
minimum requirements of Title 19.04.190 with a three-foot wide amenity zone and 36-inch box
Rio Grande Ash or 24-inch box Holly Oak every 40 feet on center. In addition, perimeter
landscaping is required outside of the right-of-way along Deer Springs Way, consisting of a sixfoot buffer area with deciduous, evergreen or palm trees spaced a maximum of 40 feet on center.
The submitted landscape plan illustrates compliance with a six-foot wide buffer area and 24-inch
box Texas Mountain Laurel or Holly Oak trees every 40 feet on center.

GK

TMP-58507 [PRJ-58401]
Staff Report Page Seven
May 12, 2015 - Planning Commission Meeting

Direct access to the residential lots will be provided via 47-foot wide public streets with five-foot
wide sidewalks located on either side of the street. As proposed, the 47-foot wide public streets
are to be constructed to Complete Street Standards. The submitted tentative map and landscape
plan illustrate three-foot wide amenity zones with shade trees spaced 25 feet on center, which
adhere to the minimum requirements outlined by Title 19.04.210. Adjacent to the east of the
subject site is a single-family residential subdivision, in which the applicant is proposing a
connection. According to the submitted tentative map, Inyo Avenue, which is a 47-foot wide
public street, provides interconnectivity between the two single-family residential subdivisions.
The lot sizes of the development range from 5,000 square feet up to 9,149 square feet.
According to the submitted Tentative Map, the proposed home models adhere to the minimum
setback requirements for the R-CL (Single Family Compact-Lot) zoning designation as outlined
by Title 19.06. The floor plans of the individual model types were not submitted as a part of this
review. A detailed review of the floor plans will occur during the plan check and permitting
process.
The connectivity ratio of 1.28 is below the standard of 1.30, as outlined by Title 19.04.040.
Connectivity is a measure of how efficiently a transportation network provides access between
internal and external destinations. A well-connected street system has minimal dead-ends (culde-sacs). As connectivity increases, travel distances decrease and route options increase,
allowing more direct travel between destinations. A higher connectivity ratio creates a
transportation system that is more accessible, especially for pedestrians and bicyclists. A
Variance is normally required to deviate from the 1.30 minimum requirement; however, Title
19.04.040(B)(2)(a) allows the connectivity ratio to be reduced through the submittal of an
Administrative Deviation application, with the advisement of the Director of Public Works. The
Department of Public Works supports the Administrative Deviation, as the subject site is
extremely limited on connectivity options. Located to the south of the subject site is the 215
Beltway with a substantial grade differential creating a gap between any potential connections to
the Beltway Trail. Adjacent to the east is a single-family residential subdivision, in which the
applicant is proposing a connection.
The submitted north/south and east/west cross sections depict a grade ranging from 3% to 4.7%
across this site. Per the Tables in Subdivision Code 19.06.050, a development with slope more
than 2% is allowed a maximum six-foot retaining wall. The combination of perimeter walls and
retaining walls cannot exceed 12 feet. The submitted cross section, date stamped 03/24/15,
depicts a maximum retaining wall height of four feet, six inches, which is in compliance with
Title 19.06.

FINDINGS (TMP-58507)
As the designed tentative map conforms to Nevada Revised Statutes for subdivision of land and
Title 19.06 requirements for R-CL (Single Family Compact-Lot) development, staff recommends
approval, with conditions.
GK

TMP-58507 [PRJ-58401]
Staff Report Page Eight
May 12, 2015 - Planning Commission Meeting

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

N/A

APPROVALS

PROTESTS

36

GK

TMP-58507

PRJ-58401
03/24/15

TMP-58507

PRJ-58401
03/24/15

TMP-58507
05/12/2015

PRJ-58401
03/24/15

TMP-58507
05/12/15

PRJ-58401
03/24/15

PRJ-58401
03/26/15

TMP-58507

PRJ-58401
03/24/15

TMP-58507

PRJ-58401
03/24/15

TMP-58507

bA77

A7
7A

bA7

A7b

A77

7A

TMP-58507

b7A

A777
77Ab

A77
A7A7

A7A7

7Ab7

A77
A

AbA

b7
A7A

TMP-58507

A7A

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A7A

TMP-58507

A7A

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TMP-58507

7 7777b7b

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TMP-58507

7 7b777
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TMP-58507

7 7b777
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7 77777b

A7A

TMP-58507 [PRJ-58401] - TENTATIVE MAP - APPLICANT: MOSAIC LAND, LLC - OWNER: S I C


NEVADA ONE, LLC, ET AL
SOUTH SIDE OF DEER SPRINGS WAY, APPROXIMATELY 285 FEET EAST OF HUALAPAI WAY
04/02/15

TMP-58507

TMP-58507

Agenda Item No.: 8.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
TMP-58560 - TENTATIVE MAP - SKYE CANYON II - APPLICANT: NINETY FIVE
MANAGEMENT, LLC - OWNER: SECTION 12, LLC, ET AL - For possible action on a
request for a Tentative Map FOR A PROPOSED 66-LOT MIXED USE SUBDIVISION on
1,501.80 acres at the northeast corner of Grand Teton Drive and Puli Drive (Multiple APNs), TD (Traditional Development) Zone, Ward 6 (Ross) [PRJ-58484].
Staff recommends
APPROVAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within Seven Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

TMP-58560 [PRJ-58484]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: NINETY FIVE MANAGEMENT, LLC - OWNER:
SECTION 12, LLC, ET AL

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
TMP-58560

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL, subject to conditions:

** CONDITIONS **

TMP-58560 CONDITIONS
Planning
1.

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 within four (4)
years of the approval of the Tentative Map, this action is void.

2.

All development shall conform to the Skye Canyon Development Agreement as approved
on April 15, 2015 and related exhibits, including the Kyle Canyon Development Standards
as revised.

3.

Street names must be provided in accordance with the Citys Street Naming Regulations,
except as approved through separate action and conforming to the conditions of approval of
such action. Successive Development Phase Final Maps based on this Parent Tentative
Map shall reflect the currently approved street names at the time of recordation.

4.

All future child tentative maps proposed within the boundaries of this parent tentative map
shall clearly indicate the locations and segments of all trails identified by the Trails
Element of the Las Vegas 2020 Master Plan and the Parks Agreement within the Skye
Canyon Development Agreement as revised April 15, 2015.

5.

All future child tentative maps proposed within the boundaries of this parent tentative map
shall provide perimeter wall details and elevations in conformance with the standards and
procedures contained within the Kyle Canyon Development Standards.
SS

TMP-58560 [PRJ-58484]
Conditions Page Two
May 12, 2015 - Planning Commission Meeting

6.

Technical landscape plans for the perimeter of Developer Parcels contained within the
boundaries of this tentative map shall be submitted concurrent with submittal of future
child tentative maps for Developer Parcels.

7.

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.

8.

All development is subject to the conditions of City Departments and State Subdivision
Statutes.
Public Works

9.

Per Sections 7.06, 7.08, and 7.09.d of the Development Agreement, future Developer
Parcels encumbered with conflicting easements cannot be submitted until the conflict has
been resolved through the methods described in the related Development Agreement
sections.

10.

Dedicate all Village Street public right-of-way including appropriate radius corners, right
turn/dual lefts (Standard Drawing #201.1), transitions and bus turnouts (Standard Drawing
#234.1 and or #234.3) as required by the approved Traffic Study along with any approved
updates concurrent with each Final Map that includes these required dedications.

11.

Grant Pedestrian Access Easements to the City of Las Vegas for all public sidewalks
located outside of the public right-of-way concurrent with the recordation of each Final
Map for this site. Additionally, grant Equestrian Trail Easements and other Multi-Use NonEquestrian Trail Easements on each Final Map where such Trails are required by the
Development Agreement.

12.

Each Final Map by the Master Developer shall grant all Traffic Signal Chord Easements,
Streetlight Easements, Public Drainage Easements, and Public Sewer Easements and any
other public easements for locations of public facilities that are not within the public rightof-way concurrent with a Final Map that includes areas where these easements are
required.
Easements across common lots shall be granted for access and public
infrastructure to support individual Pod development concurrent with each Final Map
that proposed to create Pod developments.

13.

Per Section 3.03.c of the Development Agreement, a minimum two lanes of asphalt
pavement on all Village Streets providing the main access to Designated Builder Parcels
and a working sanitary sewer connection shall be provided prior to a final inspection of any
dwelling units within this Tentative Map. Phased construction by the Master Developer of
required Village Streets shall conform to the requirements within the Development
Agreement.

SS

TMP-58560 [PRJ-58484]
Conditions Page Three
May 12, 2015 - Planning Commission Meeting

14.

Design Drawings stamped by a Civil Engineer of the Shaumber Road/Grand Teton Drive
intersection must be submitted to and approved by Nevada Power Company and the City
Traffic Engineer prior to submittal of a Final Map that includes this intersection. The Final
Map shall dedicate all appropriate right-of-way required to support this engineered
solution. In addition, any expenses involved in moving Nevada Power poles to
accommodate the agreed upon solution shall be bonded by the Master Developer prior to
recordation of the Final Map that includes this intersection unless a Special Improvement
District (SID) including pole relocation is approved and funded. The bond shall be
released upon the SID being approved and funded.

15.

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 approval of any development
not in conformance with the approved Master Traffic Study. 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.

16.

Each new driveway or proposed access point on to Village Street shall be required to have
a Site Visibility Restriction Zone (SVRZ) Analysis performed per American Association of
State Highway and Transportation Officials (AASHTO) Standards prior to receiving
approval for each access point. SVRZs shall be shown on all individual Pod
developments. Restriction for items allowed within SVRZ shall be: "No walls, fences,
trees, shrubs, utility appurtenances or any other object, other than traffic control devices
and street light poles, may be constructed or installed within the Sight Visibility Restriction
Zone (SVRZ) unless said object is maintained at less than 24 inches in height measured
from adjacent top of curb, or where no curb exists, a height of 27 inches measured from the
top of adjacent asphalt, gravel, or pavement street surface. Area shall be labeled as
Privately Maintained. Boundaries of the Sight Visibility Restriction Zones on Village
Streets must be approved by the City Traffic Engineer.

17.

All 40-foot wide right-of-way streets (back-of-curb to back-of-curb dimension) will need to
be flared with curb transitions where they intersect other 40-foot wide right-of-way
streets to provide an adequate receiving lane for vehicles turning onto the narrowed 40-foot
rights-of-way.

18.

A Drainage Plan and Technical Drainage Study must be submitted to and approved by the
Department of Public Works prior to the recordation of each Final Map which creates
individual Pod Developments or the submittal of any construction drawings proposing to
construct Village Street, whichever may occur first. Provide and improve all drainageways
recommended in the approved drainage plans/studies. The Master 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 Plans/Studies concurrent with development of this site.

SS

TMP-58560 [PRJ-58484]
Conditions Page Four
May 12, 2015 - Planning Commission Meeting

19.

Site development to comply with the approved Skye Canyon Development Agreement and
Design Guidelines, the approved Master Traffic, Drainage and Sewer Studies and all
approved updates to these studies, and all other applicable site-related actions.

20.

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
additional deviations from adopted City Standards shall be allowed unless specific written
approval for such is received from the City Engineer prior to the submittal of a Final Map.
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

TMP-58560 [PRJ-58484]
Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting to remap the land area covered by the existing tentative map approval
(TMP-53058) for all of the Skye Canyon Master Plan Area, excluding the (approximately) 160
acres already mapped as Skye Canyon Phase 1. This map shows how this land will be
resubdivided into Development Parcels (as termed by the restated Skye Canyon Development
Agreement) that will in turn be further subdivided by Designated Builders to whom the parcels
will be sold. Per the Development Agreement, this map will be recorded in phases. Each phase
will then be subdivided into one or more Development Parcels containing residential lots, local
streets and other details through another tentative map-final map process. This parent map
substantially complies with the Skye Canyon Development Agreement, the Kyle Canyon
Development Standards and Design Guidelines and applicable City requirements. Staff therefore
recommends approval, with conditions. If denied, the land could not be subdivided as proposed.

ISSUES

A revised Kyle Canyon Development Agreement (for the area now called Skye Canyon)
was approved April 15, 2015 by the City Council. Development standards are contained
within the Development Agreement materials that affect street widths and streetscape, and
subdivision density, lot sizes and widths. This and future maps must conform to these
requirements.
Since this is a parent map, perimeter wall details and elevations do not need to be shown on
this map. Perimeter wall conditions will need to be submitted on subsequent tentative maps
to ensure conformance with Skye Canyon development standards, with Master Developer
approval.
Perimeter streets on the overall development will be required to meet City of Las Vegas
Complete Streets Standards (Title 19.04) for streetscape. A condition of approval will
require technical landscape plans to be submitted concurrent with submittal of tentative maps
for developer parcels.
A Master Homeowners Association was formed and covenants, conditions and restrictions
for the master development were recorded on 10/15/14.
Several of the street names on this Parent Tentative Map affected by the approved Street
Name Change (SNC-55060) are inaccurate. A condition of approval requires that the phase
maps based on this tentative map reflect the street name changes approved through that
action.

SS

TMP-58560 [PRJ-58484]
Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council adopted Ordinance No. 5910, thereby adopting the
06/20/07
Development Agreement between Kyle Acquisition Group, LLC and the city
of Las Vegas.
The Planning Commission approved a parent Tentative Map (TMP-25492)
for a 105-lot mixed-use subdivision on the 1,712-acre Community property.
12/20/07
Staff recommended approval. A final map was not recorded over the area
covering this tentative map.
The City Council approved a request to amend the Master Plan of Streets and
Highways (GPA-41958) to realign Sheep Mountain Parkway between Grand
Teton Drive and Fort Apache Road and delete master planned roadways
within the Kyle Canyon master plan area. Planning Commission and staff
recommended approval.
The City Council approved a request for a Petition to Vacate (VAC-42250)
11/16/11
portions of the Sheep Mountain Parkway right-of-way grant. Planning
Commission and staff recommended approval.
The City Council approved a request amending the Development Agreement
(DIR-42266) for the Kyle Canyon Development on approximately 1,662 acres
at the southwest corner of Fort Apache Road and Moccasin Road. Planning
Commission and staff recommended approval. The Development Agreement
(Doc. #201206260000001) was recorded on 06/26/12.
The Planning Commission approved a Tentative map (TMP-53058) for a 45lot Mixed-use Subdivision (Skye Canyon) on 1,661.80 acres on the west side
04/08/14
of Oso Blanca Road, approximately 1,800 feet north of Horse Drive. Staff
recommended approval.
The Planning Commission approved a Tentative Map (TMP-53895) for a
173-lot single family subdivision (Skye Canyon Parcel 1.2) on 37.99 acres at
the southwest corner of Horse Drive and Grand Canyon Drive. Staff
recommended approval.
The Planning Commission approved a Tentative Map (TMP-53908) for a
209-lot single family subdivision (Skye Canyon Parcel 1.3) on 40.90 acres at
06/10/14
the northeast corner of Grand Teton Drive and Hualapai Way. Staff
recommended approval.
The Planning Commission approved a Tentative Map (TMP-53911) for a
204-lot single family subdivision (Skye Canyon Parcel 1.4) on 33.61 acres at
the northwest corner of Grand Teton Drive and Grand Canyon Drive. Staff
recommended approval.
The Planning Commission approved a Tentative Map (TMP-53897) for a
165-lot single family subdivision (Skye Canyon Parcel 1.1) on 35.28 acres at
07/08/14
the southeast corner of Horse Drive and Hualapai Way. Staff recommended
approval.
SS

TMP-58560 [PRJ-58484]
Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Related Relevant City Actions by P&D, Fire, Bldg., etc.


A Final Map (FMP-53700) for a four-pod residential subdivision (Skye
09/18/14
Canyon Phase 1) on 163.65 acres at the northwest corner of Grand Teton
Drive and Grand Canyon Drive was recorded.
A Final Map (FMP-56863) for a 94-lot single family residential subdivision
02/11/15
(Skye Canyon Parcel 1.1 Phase 1) on 19.85 acres at the southwest corner of
Horse Drive and Skye Park Drive was recorded.
The City Council approved a Variance (VAR-55892) to allow deviations from
the Street Naming Guidelines and Street Naming Configuration sections of
the City of Las Vegas Street Naming and Addressing Assignment
Regulations, 2009 Edition on Horse Drive between US 95 and Iron Mountain
Road, Fort Apache Road between US 95 and Moccasin Road, as well as on
Hualapai Way from Grand Teton Drive to Moccasin Road, respectively. The
Planning Commission and staff recommended approval.
01/21/15
The City Council approved a request for a Street Name Change (SNC-55060)
from Horse Drive to: W Skye Canyon Park Dr (between US 95 and Iron
Mountain Road); from Fort Apache Road to N Skye Canyon Park Dr
(between US 95 and Moccasin Road); and from Hualapai Way to Skye
Village Road (between Grand Teton Drive and Moccasin Road). The
Planning Commission and staff recommended approval.
The City Council approved a request (DIR-57816) to amend the Development
Agreement for the Kyle Canyon Development on approximately 1,662 acres
04/15/15
at the southwest corner of Fort Apache Road and Moccasin Road. The
Development Agreement has not yet been recorded.
Most Recent Change of Ownership
11/07/13
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
There are no building permits or business licenses related to this request.
Pre-Application Meeting
Submittal requirements for a Tentative Map application were discussed with
the applicant. It was noted that the map did not match the list of Assessors
Parcel Numbers provided with the justification letter, nor did the Key Map
boundaries coincide with those of the constituent maps. Perimeter walls,
03/23/15
cross sections and perimeter landscaping would not need to be shown on this
parent map, but would instead be required on successive tentative maps on the
subdivided developer parcels. As there was already a previous tentative map
approved by the name of Skye Canyon, a unique name must be used for this
map. Skye Canyon II was suggested.

SS

TMP-58560 [PRJ-58484]
Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
04/02/15

The site is undeveloped; however, portions of the site have been cleared and
access roads constructed.

Details of Application Request


Site Area
Gross Acres
1,501.80
Surrounding
Property

Existing Land Use


Per Title 19.12

Subject Property

Undeveloped

North

Undeveloped

South

Undeveloped

Undeveloped

Planned or Special
Land Use Designation
TND (Traditional
Neighborhood
Development)
PCD (Planned
Community
Development
TND (Traditional
Neighborhood
Development)
PCD (Planned
Community
Development

PCD (Planned
Community
Development

East
Public School,
Primary

Undeveloped

Existing Zoning District


T-D (Traditional
Development)

U (Undeveloped)

PD (Planned
Development)
PD (Planned
Development)
R-PD6 (Residential
Planned Development 6
Units per Acre)
R-PD3 (Residential
Planned Development 3
Units per Acre)
C-V (Civic)

PF (Public Facilities)
ML (Medium Low
Density Residential)
L (Low Density
Residential)

R-E (Residence Estates)

SS

TMP-58560 [PRJ-58484]
Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

Surrounding
Property

Existing Land Use


Per Title 19.12

Undeveloped
West
Red Rock
Conservation Area

Planned or Special
Land Use Designation
PCD (Planned
Community
Development

Existing Zoning District


U (Undeveloped)

SC (Service
Commercial)

U (Undeveloped)
C-1 (Limited
Commercial)

PF (Schools, Churches,
Public Facilities)
Clark County

R-U (Rural Open Land)


Clark County

Master Plan Areas


Kyle Canyon Master Plan
Special Purpose and Overlay Districts
T-D (Traditional Development) District
Other Plans or Special Requirements
Trails (Multi-Use Equestrian Trail)
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
Y
Compliance
Y
Compliance
Y
N/A
N/A
N/A

DEVELOPMENT STANDARDS
The purpose of this parent tentative map is to delineate the overall boundaries of successive
phases of development of Skye Canyon and to subdivide this area into a number of development
parcels. Development Standards will be applied to the future tentative maps on the various
Developer Parcels created from the final parent map. The future maps must conform to the
revised Skye Canyon Development Agreement, the revised Kyle Canyon Development
Standards and revised Skye Canyon Parks Agreement.

ANALYSIS
Projects within Skye Canyon are subject to the terms and requirements of the revised Skye
Canyon Development Agreement with the City of Las Vegas, the Skye Canyon Development
Standards and Parks Agreement. The revised agreement and attached exhibits were approved
April 15, 2015 by the City Council.

SS

TMP-58560 [PRJ-58484]
Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

Narrowly defined by the approved Development Agreement, the Parent Tentative Map is a
preliminary subdivision map of the Property [the entire 1,661.95 acres controlled by the Master
Developer] that is the first discretionary request by the Master Developer to legally subdivide the
Property pursuant to the provisions of NRS 278 and the UDC. Such map shall delineate all areas
to be subdivided, including roadways and related necessary rights-of-way, easements and
common areas. Furthermore, such map shall not include any residential lots.
The previously approved Parent Tentative Map (TMP-53058) for Skye Canyon divided the entire
1,661-acre site into 45 Development Parcels, or pods. Only four of these pods were further
subdivided into what is now Skye Canyon Phase 1, at the northwest corner of Grand Teton Drive
and Grand Canyon Drive. Per Title 19.16.050 and based on NRS, after the first final map is
recorded on a portion of the area approved for the tentative map, any subsequent map must be
recorded within two years of recordation of the first map, or the Tentative Map will expire.
TMP-53058 will therefore expire 09/18/16. If this map (TMP-58560) is approved, no further
action needs to be taken with regard to the first parent Tentative Map.
The entire area is zoned T-D (Traditional Development), which was established to permit and
encourage the development of comprehensively planned mixed-use communities, with a
minimum of 80 contiguous acres of land under one ownership or control, which can generally
exist as a self-contained community. Development standards were approved through a separate
Development Standards and Design Guidelines document included with the revised Skye
Canyon Development Agreement.
Several of the street names on this Parent Tentative Map affected by the previously approved
Street Name Change (SNC-55060) for this site are inaccurate. For example, W Skye Canyon
Park Dr is indicated as W. Skye Canyon Park Drive and N Skye Canyon Park Dr is indicated
as N. Skye Canyon Park Drive. SNC-55060 can only be exercised through recordation of an
agreement between the Master Developer and the City of Las Vegas for the financial
responsibility of the Master Developer associated with the street name changes. A condition of
approval requires that the phase maps based on this tentative map accurately reflect the street
name changes approved through that action.
Street sections of major streets are called out on the tentative map in conformance with the
approved revised Kyle Canyon Development Standards, including the multi-use equestrian trail
along the north side of Grand Teton Drive.
Since this is a parent map, perimeter wall details and elevations do not need to be shown on this
map. Perimeter wall conditions will need to be submitted at the time of submittal of tentative
maps for the developer parcels to ensure conformance with the Kyle Canyon Development
Standards, along with Master Developer approval.

SS

TMP-58560 [PRJ-58484]
Staff Report Page Six
May 12, 2015 - Planning Commission Meeting

Perimeter streets for each developer parcel also will be required to meet City of Las Vegas
Complete Streets Standards (Title 19.04) for streetscape. A condition of approval will require
technical landscape plans to be submitted concurrently with submittal of tentative maps for
developer parcels.
The Department of Public Works did not have any specific issues with the map as proposed. The
Development Agreement has specific triggers for when certain developer parcels can be
developed and most requirements can be found in the Skye Canyon Development Agreement.
Subsection 3.06(c)(i) of the Agreement outlines three prerequisites to submittal of a parent
Tentative Map: conditional approval of all master studies; submittal of an exhibit acknowledging
that all parcels within the Skye Canyon development, including those parcels labeled Not a
Part have, or will be provided legal access; and submittal of a Master Utility Plan. The map
itself must show all additional right-of-way for turn lanes and bus turnouts required by the
master traffic study; these have been shown on the major streets displayed on the Tentative Map.

FINDINGS (TMP-58560)
The parent Tentative Map substantially conforms to the approved Skye Canyon Development
Agreement, the approved Kyle Canyon Development Standards and Title 19 requirements for
Tentative Maps. Therefore, staff recommends approval with conditions.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

N/A

APPROVALS

PROTESTS

52

SS

TMP-58560

TMP-58560

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TMP-58560 [PRJ-58484] - TENTATIVE MAP -APPLICANT: NINETY FIVE MANAGEMENT, LLC - OWNER:
SECTION 12, LLC, ET AL
NORTHEAST CORNER OF GRAND TETON DRIVE AND PULI DRIVE
04/02/15

TMP-58560 [PRJ-58484] - TENTATIVE MAP -APPLICANT: NINETY FIVE MANAGEMENT, LLC - OWNER:
SECTION 12, LLC, ET AL
NORTHEAST CORNER OF GRAND TETON DRIVE AND PULI DRIVE
04/02/15

TMP-58560 [PRJ-58484] - TENTATIVE MAP -APPLICANT: NINETY FIVE MANAGEMENT, LLC - OWNER:
SECTION 12, LLC, ET AL
NORTHEAST CORNER OF GRAND TETON DRIVE AND PULI DRIVE
04/02/15

TMP-58560 [PRJ-58484] - TENTATIVE MAP -APPLICANT: NINETY FIVE MANAGEMENT, LLC - OWNER:
SECTION 12, LLC, ET AL
NORTHEAST CORNER OF GRAND TETON DRIVE AND PULI DRIVE
04/02/15


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Agenda Item No.: 9.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
ZON-58533 - REZONING - PUBLIC HEARING - APPLICANT: PRECEDENT PROPERTIES,
LLC - OWNER: MARK EVERETT THROWER - For possible action on a request for a
Rezoning FROM: R-E (RESIDENCE ESTATES) TO: R-1 (SINGLE FAMILY RESIDENTIAL)
on 2.03 acres at the northwest corner of Deer Springs Way and Thom Boulevard (APN 125-24602-017), Ward 6 (Ross) [PRJ-58384]. Staff recommends APPROVAL.
C.C.: 6/17/2015
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter

ZON-58533 [PRJ-58384]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION:

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
ZON-58533

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL.

YK

ZON-58533 [PRJ-58384]
Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting a Rezoning application to change the zoning district from R-E
(Residence Estates) to R-1 (Single Family Residential) on 2.03 acres of land located on the
northwest corner of Deer Springs Way and Thom Boulevard. Staff recommends approval of the
request as the density of the proposal is compatible with the existing residential developments
surrounding the site. If denied, the parcel would remain unchanged and only residential
development that meets the current R-E (Residence Estates) zoning district standards could be
development on the site.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved at Annexation (A-0003-64) request of
approximately 10,365 acres generally located north of Lone Mountain Road
05/14/64
and west of Decatur Boulevard with the effective date of 05/18/64. This site
was part of that request.

Most Recent Change of Ownership


08/17/90
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


No related permits on file at this time.

Pre-Application Meeting
Staff met with the applicant and reviewed the request to rezone property
located on the northwest corner of Thom Boulevard and Deer Springs Way.
03/17/15
The General Plan land use designation is ML (Medium Low Density
Residential), which allows the requested R-1 (Single Family Residential)
designation.

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

ZON-58533 [PRJ-58384]
Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Field Check
04/02/15

Staff visited the site and found an undeveloped parcel with a large for sale
sign. There were also two No Trespassing and No Dumping signs.

Details of Application Request


Site Area
Net Acres
2.03

Surrounding
Property
Subject Property
North
South
East
West

Existing Land Use


Per Title 19.12
Undeveloped
Single-Family,
Detached
Single-Family,
Detached
Single-Family,
Detached
Single-Family,
Detached

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)

Existing Zoning District


R-E (Residence Estates)
R-E (Residence Estates)
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
R-E (Residence Estates)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
Rural Preservation Overlay 330-Foot Buffer
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
Compliance
N
Compliance
N/A
N/A
N/A
N/A

DEVELOPMENT STANDARDS
General Plan
ML (Medium Low Density
Residential)
Existing Zoning
R-E (Residence Estates)

Permitted Density

Units Allowed

8.49 Units per Acre

17 Units

Permitted Density
2.17 Units per Acre

Units Allowed
4 Units
YK

ZON-58533 [PRJ-58384]
Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Proposed Zoning
R-1 (Single Family
Residential)

Street Name
Deer Springs Way

Permitted Density

Units Allowed

6.7 Units per Acre

13 Units

Functional
Classification of
Street(s)
Secondary
Collector

Thom Boulevard

Local

Governing Document
Planned Streets and
Highways Map
Planned Streets and
Highways Map

Actual
Street Width
(Feet)

Compliance
with Street
Section

80

60

ANALYSIS
The subject request is to change the zoning designation of a 2.03 acre parcel of land located on
the northwest corner of Deer Springs Way and Thom Boulevard from R-E (Residence Estates) to
R-1 (Single Family Residential). This request is allowed under the ML (Medium Low Density
Residential) land use designation. Similar action was allowed directly to the east and south of
this proposal.
This proposal supports Objective 2.6 of the General Plan: To improve the amount and quality
of infill development on vacant and underutilized lands within established areas of the city.
The area adjacent to the site is all developed as single-family, detached properties and this
proposal would allow a similar development pattern. The parcel is also located within the 330foot buffer area of the Rural Preservation Overlay. This allows City Council, for good cause
shown, to approve a greater density or intensity of use than that which exists within the Overlay
District. In this case, the applicant is requesting a 33% greater density than what is found in the
nearby Rural Preservation Overlay. The good cause shown is the fact that all properties directly
adjacent to the Rural Preservation Overlay have also been zoned R-1 (Single Family Residential)
has outlined in the applicants justification letter. As a result of this fact, staff supports the
request.

FINDINGS (ZON-58533)
In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning
Commission or City Council must affirm the following:

YK

ZON-58533 [PRJ-58384]
Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

1.

The proposal conforms to the General Plan.


The proposed Rezoning to R-1 (Single Family Residential) conforms to the density range
allowed by the existing ML (Medium Low Density Residential) General Plan designation
and supports Objective 2.6 of the General Plan. However, the density is 33% greater than
the density in the Rural Preservation Overlay and impacts this proposal since the parcel is
located within the 330-foot buffer area of the Overlay.

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 detached single-family residential uses allowed on the subject property will
seamlessly blend with the existing single-family residences found on all four perimeters of
the property.

3.

Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
The density and size of the lots proposed for the property to be rezoned will resemble the
development pattern of surrounding properties. The proposed Rezoning is therefore
appropriate.

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.
Access to the property is provided by Deer Springs Way, identified as an 80-foot Collector
Street on the Master Plan of Streets and Highways. This road is adequate to meet the
traffic demands of the proposed Rezoning. Access is also available via Thom Boulevard, a
60-foot Local Street.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

216

APPROVALS

PROTESTS

24

YK

ZON-58533

PRJ-58384
03/25/15

ZON-58533
05/12/15 PC

PRJ-58384
03/25/15

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ZON-58533 [PRJ-58384] - REZONING -APPLICANT: PRECEDENT PROPERTIES, LLC - OWNER: MARK


EVERETT THROWER
NORTHWEST CORNER OF DEER SPRINGS WAY AND THOM BOULEVARD
04/02/15

ZON-58533 - REVISED

Agenda Item No.: 10.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
SUP-58548 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: PREMIER
EDUCATIONAL FACILITIES, LLC - OWNER: SOUTHWEST CARPENTERS TRAINING For possible action on a request for a Special Use Permit FOR A PUBLIC SCHOOL, PRIMARY
USE at 4131 East Bonanza Road (APN 140-31-501-002), C-1 (Limited Commercial) Zone,
Ward 3 (Coffin) [PRJ-58512]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - SUP-58548, SUP-58549 and SDR-58550 [PRJ-58512]
2. Conditions and Staff Report - SUP-58548, SUP-58549 and SDR-58550 [PRJ-58512]
3. Supporting Documentation - SUP-58548, SUP-58549 and SDR-58550 [PRJ-58512]
4. Photo(s) - SUP-58548, SUP-58549 and SDR-58550 [PRJ-58512]
5. Justification Letter - SUP-58548, SUP-58549 and SDR-58550 [PRJ-58512]
6. Support Postcard - SUP-58548 and SUP-58549 [PRJ-58512]

SUP-58548, SUP-58549 and SDR-58550 [PRJ-58512]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: PREMIER EDUCATIONAL FACILITIES, LLC OWNER: SOUTHWEST CARPENTERS TRAINING

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SUP-58548
SUP-58549
SDR-58550

RECOMMENDATION
Staff recommends APPROVAL, subject to conditions:
Staff recommends APPROVAL, subject to conditions:
Staff recommends APPROVAL, subject to conditions:

REQUIRED FOR
APPROVAL

SUP-58548
SUP-58549

** CONDITIONS **

SUP-58548 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Public or Private
School, Primary use.

2.

Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-58550) 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.
YK

SUP-58548, SUP-58549 and SDR-58550 [PRJ-58512]


Conditions Page Two
May 12, 2015 - Planning Commission Meeting

SUP-58549 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Public or Private
School, Secondary use.

2.

Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-58550) 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.

SDR-58550 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Special Use Permits (SUP58548 and SUP-58549) shall be required, if approved.

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 03/26/15,
and site plan and landscape plan, date stamped 04/23/15, 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.
YK

SUP-58548, SUP-58549 and SDR-58550 [PRJ-58512]


Conditions Page Three
May 12, 2015 - Planning Commission Meeting

5.

These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted for
building permit.

6.

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

7.

All City Code requirements and design standards of all City Departments must be satisfied,
except as modified herein.
Public Works

8.

In accordance with code requirements of Title 13.56, remove all substandard offsite
improvements, if any, and replace with new improvements meeting Current City Standards
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. The existing driveway on Bonanza Road shall be modified to allow
for one ingress and two egress lanes concurrent with onsite development activities, unless
otherwise allowed by the City Traffic Engineer. The design of this driveway expansion shall
meet the approval of the City Traffic Engineer.

9.

Prior to operating as a school, construct school zone flashers on Bonanza Road meeting the
approval of the City Traffic Engineer unless specifically not required in the approved Traffic
Impact Analysis.

10.

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

11.

Submit an Encroachment Agreement for landscaping and private improvements, if any, in the
Bonanza Road public right-of-way prior to this issuance of permits for these improvements.
The applicant must carry an insurance policy for the term of the Encroachment Agreement
and add the City of Las Vegas as an additionally insured entity on this insurance policy. If
requested by the City, the applicant shall remove property encroaching in the public right- of
way at the applicant's expense pursuant to the terms of the City's Encroachment Agreement.
The installation and maintenance of all private improvements in the public right of way shall
be the responsibility of the adjacent property owner(s) and shall be transferred with the sale of
the property for the entire term of the Encroachment Agreement. Coordinate all requirements
for the

YK

SUP-58548, SUP-58549 and SDR-58550 [PRJ-58512]


Conditions Page Four
May 12, 2015 - Planning Commission Meeting

Encroachment Agreement with the Land Development Section of the Department of Building
and Safety (229-4836).
12.

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.

13.

A 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, submittal of any construction
drawings or the recordation of a Map subdividing this site, whichever may occur first.
Comply with the recommendations of the approved Traffic Impact Analysis prior to
occupancy of the site. The Traffic Impact Analysis shall also include a section addressing
Standard Drawings #234.1 #234.2 and #234.3 to determine additional right-of-way
requirements for bus turnouts adjacent to this site, if any; dedicate all areas recommended by
the approved Traffic Impact Analysis. All additional rights of way required by Standard
Drawing #201.1 for exclusive right turn lanes and dual left turn lanes shall be dedicated prior
to or concurrent with the commencement of on site development activities unless specifically
noted as not required in the approved Traffic Impact Analysis. 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.

14.

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 the issuance of any
grading or building permits, submittal of construction drawings or the submittal of a Final
Map for this site, whichever may occur first. Provide and improve all drainageways as
recommended in the approved drainage plan/study.

YK

SUP-58548, SUP-58549 and SDR-58550 [PRJ-58512]


Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
This is a request to convert an existing 60,000 square-foot office/training building into a primary
and secondary school use at 4131 East Bonanza Road. This C-1 (Limited Commercial) zoned
property permits the requested uses with approved Special Use Permits. The project application
meets the minimum requirements for a primary and secondary school use, specifically, the
parking and passenger loading and unloading area requirements. As a result, staff recommends
approval of the requested applications. If denied, no permits would be issued for either a
primary or secondary school at this location.

ISSUES

A Special Use Permit is required for a Public or Private School, Primary use in a C-1
(Limited Commercial) zoning district. Staff supports this request.
A Special Use Permit is required for a Public or Private School, Secondary use in a C-1
(Limited Commercial) zoning district. Staff supports this request.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a Rezoning (Z-131-96) from R-E (Residence
Estates) and R-1 (Single Family Residential) to C-1 (Limited Commercial) for
02/24/97
an office and training facility on 6.86 acres at 4131 and 4151 East Bonanza
Road.

Most Recent Change of Ownership


03/31/05
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


Circa 1976
A 60,000 square-foot building was constructed at 4131 East Bonanza Road.
A Building Permit (#183148) for a Tenant Improvement at 4131 East
03/31/11
Bonanza Road was issued. The permit was not finalized.

YK

SUP-58548, SUP-58549 and SDR-58550 [PRJ-58512]


Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Pre-Application Meeting
Staff met with the applicant and reviewed the requirements to convert a union
hall and training center into a public school. It was determined that two
03/24/15
Special Use Permits and a Site Development Plan Review application would
be required. There were no major issues that were noted.

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

Field Check
04/02/15

Staff visited the site and found a vacant building secured and the grounds
were clean and being maintained. No issues were noted.

Details of Application Request


Site Area
Net Acres
6.86

Surrounding
Property
Subject Property

Existing Land Use


Per Title 19.12
Union Hall

North

Multi-Family

South

Single-Family,
Detached

East

Union Hall

West

Single-Family,
Detached

Planned or Special
Land Use Designation
SC (Service
Commercial)
SC (Service
Commercial)
ML (Medium Low
Density Residential)
SC (Service
Commercial)
ML (Medium Low
Density Residential)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
No Applicable Special Purpose or Overlay Districts

Existing Zoning District


C-1 (Limited
Commercial)
R-PD5 [Residential
Planned Development (5
Units per Acre)]
R-3 (Medium Density
Residential)
R-CL (Single Family
Compact-Lot)
C-1 (Limited
Commercial)
R-CL (Single Family
Compact-Lot)

Compliance
N/A
Compliance
N/A
YK

SUP-58548, SUP-58549 and SDR-58550 [PRJ-58512]


Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Other Plans or Special Requirements


Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
N/A
N/A
N/A

DEVELOPMENT STANDARDS
Pursuant to Title 19.08.070, the following standards apply:
Standard
Required/Allowed
Provided
Min. Lot Width
100 Feet
408 Feet
Min. Setbacks
Front
10 Feet
69 Feet
Side
10 Feet
53 Feet
Corner
10 Feet
N/A
20 Feet
465 Feet
Rear
Max. Lot Coverage
50 %
20 %
Max. Building Height
N/A
29 Feet
Screened, Gated, w/ a
Screened, Gated, w/ a
Trash Enclosure
Roof or Trellis
Roof or Trellis
Mech. Equipment
Screened
Screened
Pursuant to Title 19.08.070, the following standards apply:
Landscaping and Open Space Standards
Required
Standards
Ratio
Trees
Buffer Trees:
North
1 Tree / 30 Linear Feet
13 Trees
South
1 Tree / 20 Linear Feet
20 Trees
East
1 Tree / 30 Linear Feet
6 Trees
1 Tree / 20 Linear Feet
9 Trees
West
TOTAL PERIMETER TREES
48 Trees
1 Tree / 6 Uncovered
Parking Area Trees
Spaces, plus 1 tree at the
48 Trees
end of each row of spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
10 Feet
South
8 Feet
East
8 Feet
8 Feet
West

Compliance
Y
Y
Y
N/A
Y
Y
Y
Y
Y

Provided

Compliance

17 Trees
20 Trees
9 Trees
9 Trees
55 Trees

Y
Y
Y
Y
Y

48 Trees

10 Feet
13 Feet
20 Feet
8 Feet

Y
Y
Y
Y

YK

SUP-58548, SUP-58549 and SDR-58550 [PRJ-58512]


Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

Street Name

Bonanza Road

Functional
Classification of
Street(s)
Primary Arterial

Governing Document
Planned Streets and
Highways Map

Actual
Street Width
(Feet)

Compliance
with Street
Section

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
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Public School, 10
3 per
30
Primary
Classrooms
classroom
Public School,
9 per
9 Classrooms
81
Secondary
classroom
111
303
Y
TOTAL SPACES REQUIRED
106
5
294
9
Y
Regular and Handicap Spaces Required

ANALYSIS
The Public or Private School, Primary use is defined as An institution that provides
kindergarten through 8th grade education and is supported by a public, religious or private
organization. The proposed use meets the definitions as indicated in the applicants justification
letter.
The Minimum Special Use Permit Requirements for the Public or Private School, Primary use
include:
1. Provide adequate pick-up and drop-off areas on-site.
The proposed use meets this requirement as the circulation plan as indicated on the site
plan clearly shows the on-site pick-up and drop-off area with ample stacking for dozens
of cars.
The Public or Private School, Secondary use is defined as An institution that provides 9th
through 12th grade education and is supported by a public, religious or private organization.
The Minimum Special Use Permit Requirements for the Public or Private School, Secondary use
include:
YK

SUP-58548, SUP-58549 and SDR-58550 [PRJ-58512]


Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

1. Being located on a collector street or larger.


The proposed use meets this requirement as Bonanza Road is designated as a Primary
Arterial on the Master Plan of Streets and Highways map.
The rear two and one half acres of this 6.86 acre property is undeveloped. The applicant is
proposing to develop this portion of the site into a soccer field and expand the parking lot. These
enhancements to the site are being designed to meet current C-1 (Limited Commercial) zoning
development standards, with no waivers or deviations. This will include providing a landscape
buffer along the entire south perimeter and a 180-foot length of both the east and west
perimeters. The result will be a more aesthetic and pleasing buffer for the residential properties
adjacent to the site. No lighting is proposed for the soccer field at this time.
Although Public Works staff has concerns about the egress onto Bonanza Road with only one
driveway; specifically, the left turn movement, no recommendation or conditions have been
offered to address them at this time. The circulation pattern being offered on site is ample to
address the anticipated number of students at full capacity. Traffic is directed to meander
through the site from west to east following the parking aisle layout. This will allow for ample
stacking of vehicles while pick-up and drop-offs are taking place.
Although the property was previously developed, the following comments were received from
the Las Vegas Valley Water District (LVVWD) regarding this project: This parcel is currently
served by LVVWD, but the existing fire line 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 required backflow prevention.
When the site was originally developed, no side yard landscape buffers or parking lot
landscaping was required. The applicant is expanding and reconfiguring the majority of the
parking lot on the site, mainly in the rear of the building. As such, they will add the code
required parking lot landscaping enhancing the project and making it more compatible with the
neighborhood. In addition, side and rear perimeter landscape buffers will be added along the
rear portion of the site as part of the soccer field addition. Several new trees will be added along
the front landscape buffer to conform to the original site landscape requirements. The landscape
table above indicates the current code requirements that are only being applied to the enhanced
and newly developed portions of the site. No changes are planned for the exterior of the building
at this time.
FINDINGS (SUP-58548)
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:

YK

SUP-58548, SUP-58549 and SDR-58550 [PRJ-58512]


Staff Report Page Six
May 12, 2015 - 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 public charter school is appropriate and in proximity to existing residential
uses to the north, west and south and will be both harmonious and compatible with the
area.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
Containing nearly seven acres, the site is large enough to accommodate the school use and
ancillary recreational areas and parking in conformance with Title 19 requirements.

3.

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

The site is accessed off Bonanza Road, a 100-foot wide Primary Arterial as designated by
the Master Streets and Highways Map. This roadway is adequate to meet the needs 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 public safety, health and welfare will be protected by the schools design and through
implementation of conditions of approval requiring various permits, inspections and
professional studies prior to commencement of the use.

5.

The use meets all of the applicable conditions per Title 19.12.
The proposed Public or Private School, Primary use meets the Special Use Permit
requirements for an adequate pick-up and drop-off area.

FINDINGS (SUP-58549)
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.
YK

SUP-58548, SUP-58549 and SDR-58550 [PRJ-58512]


Staff Report Page Seven
May 12, 2015 - Planning Commission Meeting

The proposed public charter school is appropriate and in proximity to existing residential
uses to the north, west and south and will be both harmonious and compatible with the
area.
2.

The subject site is physically suitable for the type and intensity of land use proposed.
Containing nearly seven acres, the site is large enough to accommodate the school use and
ancillary recreational areas and parking in conformance with Title 19 requirements.

3.

Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
The site is accessed off Bonanza Road, a 100-foot wide Primary Arterial as designated by
the Master Streets and Highways Map. This roadway is adequate to meet the needs 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 public safety, health and welfare will be protected by the schools design and through
implementation of conditions of approval requiring various permits, inspections and
professional studies prior to commencement of the use.

5.

The use meets all of the applicable conditions per Title 19.12.
The proposed Public or Private School, Secondary use meets the Special Use Permit
requirements for an adequate pick-up and drop-off area.

FINDINGS (SDR-58550)
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.

The proposed development is compatible with adjacent development and


development in the area;
The proposed primary and secondary school is located on a major street and within close
proximity of several residential areas, making it an appropriate location. The existing C-1
(Limited Commercial) zoning of the property allows this use and the site is large enough to
accommodate the required parking and recreational uses associated with a school.

YK

SUP-58548, SUP-58549 and SDR-58550 [PRJ-58512]


Staff Report Page Eight
May 12, 2015 - Planning Commission Meeting

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 school use is consistent with Title 19 standards for a C-1 (Limited
Commercial) zoned property.

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
The site is accessed off Bonanza Road, a 100-foot wide Primary Arterial as designated by
the Master Streets and Highways Map. This roadway is adequate to meet the needs of the
proposed use. The circulation on the site allows for adequate pick-up and drop-off and
stacking, all on the site itself.

4.

Building and landscape materials are appropriate for the area and for the City;
There are no changes proposed for the building at this time. The landscape materials will
match the existing landscape original to the site and is appropriate for the area.

5.

Building elevations, design characteristics and other architectural and aesthetic


features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;

The existing building is harmonious and compatible for the area. The additional
landscaping provided will make the property more aesthetically pleasing in appearance.
6.

Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
Staff will conduct regular inspections to ensure public health, safety, and general welfare is
maintained at all times.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

35

393 - SUP-58548 & SUP-58549


393 - SDR-58550

YK

SUP-58548, SUP-58549 and SDR-58550 [PRJ-58512]


Staff Report Page Nine
May 12, 2015 - Planning Commission Meeting

APPROVALS

1 - SUP-58548 & SUP-58549


1 - SDR-58550

PROTESTS

0 - SUP-58548 & SUP-58549


0 - SDR-58550

YK

SUP-58548

SUP-58548

SUP-58548

SUP-58548

SUP-58548, SUP-58549 and SDR-58550 - REVISED

SUP-58548, SUP-58549 and SDR-58550 - REVISED

SUP-58548, SUP-58549 & SDR-58550

SUP-58548, SUP-58549 & SDR-58550

SUP-58548, SUP-58549 & SDR-58550

SUP-58548 [PRJ-58512] - SPECIAL USE PERMIT RELATED TO SUP-58549 AND SDR-58550 APPLICANT: PREMIER EDUCATIONAL FACILITIES, LLC - OWNER: SOUTHWEST CARPENTERS
TRAINING
4131 EAST BONANZA ROAD
04/02/15

SUP-58548 [PRJ-58512] - SPECIAL USE PERMIT RELATED TO SUP-58549 AND SDR-58550 APPLICANT: PREMIER EDUCATIONAL FACILITIES, LLC - OWNER: SOUTHWEST CARPENTERS
TRAINING
4131 EAST BONANZA ROAD
04/02/15

SUP-58548 [PRJ-58512] - SPECIAL USE PERMIT RELATED TO SUP-58549 AND SDR-58550 APPLICANT: PREMIER EDUCATIONAL FACILITIES, LLC - OWNER: SOUTHWEST CARPENTERS
TRAINING
4131 EAST BONANZA ROAD
04/02/15

SUP-58548 [PRJ-58512] - SPECIAL USE PERMIT RELATED TO SUP-58549 AND SDR-58550 APPLICANT: PREMIER EDUCATIONAL FACILITIES, LLC - OWNER: SOUTHWEST CARPENTERS
TRAINING
4131 EAST BONANZA ROAD
04/02/15

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SUP-58548, SUP-58549 and SDR-58550 - REVISED

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SUP-58548, SUP-58549 and SDR-58550 - REVISED

Agenda Item No.: 11.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
SUP-58549 - SPECIAL USE PERMIT RELATED TO SUP-58548 - PUBLIC HEARING APPLICANT: PREMIER EDUCATIONAL FACILITIES, LLC - OWNER: SOUTHWEST
CARPENTERS TRAINING - For possible action on a request for a Special Use Permit FOR A
PUBLIC SCHOOL, SECONDARY USE at 4131 East Bonanza Road (APN 140-31-501-002),
C-1 (Limited Commercial) Zone, Ward 3 (Coffin) [PRJ-58512].
Staff recommends
APPROVAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

SUP-58549

SUP-58549

SUP-58549

SUP-58549

Agenda Item No.: 12.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
SDR-58550 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-58548 AND SUP58549 - PUBLIC HEARING - APPLICANT: PREMIER EDUCATIONAL FACILITIES, LLC OWNER: SOUTHWEST CARPENTERS TRAINING - For possible action on a request for a
Site Development Plan Review FOR A CONVERSION OF AN EXISTING 60,000 SQUAREFOOT OFFICE BUILDING FOR A PUBLIC PRIMARY AND SECONDARY SCHOOL USE
on 6.86 acres at 4131 East Bonanza Road (APN 140-31-501-002), C-1 (Limited Commercial)
Zone, Ward 3 (Coffin) [PRJ-58512]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Support Postcard

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

SDR-58550

SDR-58550

SDR-58550

SDR-58550

SDR 58550
Premier Educational Facilities, LLC

4131 E. Bonanza Road


Proposed 1000 student private middle/senior high school.
Traffic produced by proposed development:
DESCRIPTION

Existing Use

#UNIT

Average Daily Traffic (ADT)


AM Peak Hour

GENERAL OFFICE BUILDING [1000 SF]

60

DESCRIPTION

Proposed Use

#UNIT

Average Daily Traffic (ADT)

1.49
RATE/#
UNIT

TOTAL

1.56

0.58

2,480
810
580

RATE/#
UNIT

TOTAL

2.48
PRIVATE SCHOOL, K-12 [STUDENTS]

AM Peak Hour

1000

PM Peak Hour

DESCRIPTION

Net Change

#UNIT

Average Daily Traffic (ADT)

0.81

11.03
GENERAL OFFICE BUILDING [1000 SF]

PM Peak Hour

1000

1.56
1.49

Existing traffic on all nearby streets:


Bonanza Rd
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

22,669
1,814

Lamb Blvd
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

31,563
2,525

Sandhill Rd
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

3,300
264

TOTAL

662
94
89

11.03

PM Peak Hour

AM Peak Hour

RATE/#
UNIT

1,818
716
491

Bonanza Rd
Lamb Blvd
Sandhill Rd

Adjacent Street ADT Capacity


51,800
51,800
16,300

This project is expected to add about 1,818 trips per day on Bonanza Rd., Lamb Blvd. & Sandhill Rd. Currently, Bonanza
is at about 44 percent of capacity, Lamb is at about 61 percent of capacity and Sandhill is at about 20 percent of capacity.
With this project, Bonanza is expected to be at about 47 percent of capacity, Lamb at about 64 percent of capacity and
Sandhill at about 31 percent of capacity.
Based on Peak Hour use, this project will add about 716 trips in the peak hour, or about twelve every minute.
Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 13.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
SUP-58222 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: BUFFET AT
ASIA - OWNER: WRI CHARLESTON COMMONS, LLC - For possible action on a request for
a Special Use Permit FOR A PROPOSED 6,349 SQUARE-FOOT BEER/WINE/COOLER ONSALE ESTABLISHMENT USE WITHIN AN EXISTING RESTAURANT at 151 North Nellis
Boulevard (APN 140-32-802-007), C-1 (Limited Commercial) Zone, Ward 3 (Coffin) [PRJ57551]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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-58222 [PRJ-57551]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: BUFFET AT ASIA - OWNER: WRI
CHARLESTON COMMONS, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SUP-58222

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL, subject to conditions:

N/A

** CONDITIONS **

SUP-58222 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Beer/Wine/Cooler
On-Sale Establishment 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.

The 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.

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.

MR

SUP-58222 [PRJ-57551]
Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit to allow a Beer/Wine/Cooler On-Sale Establishment
use within an existing 6,349 square-foot restaurant located at 151 North Nellis Boulevard. The
proposed use meets all Title 19.12 Special Use requirements for Beer/Wine/Cooler On-Sale use
and can be conducted in a manner that is harmonious and compatible with the surrounding land
uses; therefore, staff recommends approval of the Special Use Permit. If this use permit is
denied, the restaurant use will be able to operate; however, no alcohol can be sold.

ISSUES

The Beer/Wine/Cooler On-Sale Establishment use is permitted in the C-1 (Limited


Commercial) zoning district with the approval of a Special Use Permit.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved Rezoning (Z-0061-88) request from R-1 (SingleFamily Residence) and R-3 (Limited Multiple Residence) to C-1 (Limited
08/03/88
Commercial) for a proposed Retail/Commercial Center located on the west
side of Nellis Boulevard, between Charleston Boulevard and Stewart Avenue.
The Planning Commission and staff recommended approval.
The City Council approved an Extension of Time [Z-0061-88(1)] request for
a Rezoning from R-1 (Single-Family Residence) and R-3 (Limited Multiple
Residence) to C-1 (Limited Commercial) for a proposed Retail/Commercial
07/19/89
Center located on the west side of Nellis Boulevard, between Charleston
Boulevard and Stewart Avenue. The Planning Commission and staff
recommended approval.
The City Council approved a Review of Condition [Z-0061-88(2)] request
for the elimination of the condition requiring the installation of 24-inch box
10/03/90
evergreen trees along the west property line on property located on the west
side of Nellis Boulevard, between Charleston and Stewart Avenue. The
Planning Commission and staff recommended approval.
The Department of Planning administratively approved a Site Development
Plan Review [Z-0061-88(5)] for a proposed 8,018 square-foot Retail Building
03/21/00
on the property located on the west side of Nellis Boulevard, approximately
1,500 feet south of Steward Avenue.

MR

SUP-58222 [PRJ-57551]
Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Related Relevant City Actions by P&D, Fire, Bldg., etc.


The City Council approved a Special Use Permit (U-0111-91) for a Tavern in
conjunction with a Restaurant with a Waiver to allow the Tavern to be closer
09/03/91
than 1,500 feet to another Tavern at 151 North Nellis Boulevard. This Special
Use Permit has expired.
A complaint (#135297) was filed with Code Enforcement for construction
11/07/13
work occurring without permits. The complaint was resolved on 03/03/14.
The Planning Commission approved a Special Use Permit (SUP-49152)
07/09/13
request for a Retail Establishment With Accessory Package Liquor Off-Sale
Use at 201 North Nellis Boulevard. Staff recommended approval.
The City Council approved a Special Use Permit (SUP-51181) request for a
Beer/Wine/Cooler Off-Sale Establishment use within an existing General
02/19/14
Retail, Store Other Than Listed at 45 North Nellis Boulevard. The Planning
Commission and staff recommended approval.
The Planning Commission approved a Special Use Permit (SUP-53829)
06/10/14
request for a Beer/Wine/Cooler On-Sale Use at 111 North Nellis Boulevard,
Suite #150. Staff recommended approval.

Most Recent Change of Ownership


12/22/06
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
1991
The shopping center was constructed.
A building permit (#164206) was issued for a tenant improvement. The
06/01/10
permit was finalized on 11/03/10.
A business license (R09-99989) for a Restaurant was issued. The license is
03/15/14
active as of 04/20/15.
A building permit (#250288) was issued for a tenant improvement. The
12/05/13
permit was not finalized.
Pre-Application Meeting
A pre-application meeting was held with the applicants designated
01/14/15
representative to discuss the Special Use Permit submittal requirements for a
Beer/Wine/Cooler On-Sale Establishment use.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.

MR

SUP-58222 [PRJ-57551]
Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Field Check
04/02/15

A site inspection was conducted on the property, which revealed the property
was clean and graffiti free.

Details of Application Request


Site Area
Net Acres
17.53
Staff Report
Page One
Subject Property
North

South

East

Staff Report Page


One
Shopping Center
Shopping Center
General Retail Store,
Other Than Listed
General Retail Store,
Other Than Listed
Multi-Family
Residential

Staff Report Page One

Staff Report Page One

SC (Service
Commercial)

C-1 (Limited
Commercial)

GC (General
Commercial)

C-1 (Limited
Commercial)

GC (General
Commercial)

C-2 (General
Commercial)
R-3 [Multiple-Family
Residential (18 Units per
Acre)] Clark County
C-2 (General
Commercial)

RH (Residential High)
Clark County

General Retail Store,


GC (General
Other Than Listed
Commercial)
Shopping Center
Restaurant with
Alcohol
Liquor
CG (Commercial
Establishment,
General) Clark County
(Tavern)
Restaurant
General Retail Store,
Other Than Listed

C-2 (General
Commercial) Clark
County

C-1 (Local Business)

Multi-Family
Residential

RH (Residential High)
Clark County

Government Facility

PF (Public Facility)
Clark County

R-3 [Multiple-Family
Residential (18 Units per
Acre)] Clark County
PF (Public Facility)
Clark County

Manufacture Home
(Not Qualifying for
Treatment as a
Single Family
Detached Dwelling)

RS (Residential
Suburban) Clark
County

R-T (Manufactured Home


Residential) Clark
County

MR

SUP-58222 [PRJ-57551]
Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

Staff Report
Page One

West

Staff Report Page


One
Single-Family,
Detached

Staff Report Page One

Staff Report Page One

L (Low Density
Residential)

R-1 (Single Family


Residential)
R-PD7 (Residential
Planned Development 7
Units per Acre)

ML (Medium Low
Density Residential)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
No Applicable Special Purpose or Overlay Districts

Compliance
N/A
Compliance
N/A

Other Plans or Special Requirements


Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
N/A
N/A
Y

DEVELOPMENT STANDARDS
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Shopping
359,679 SF
1/250 SF
1,439
Center
1,439
1694
Y
TOTAL SPACES REQUIRED
1,414
25
1638
56
Y
Regular and Handicap Spaces Required

ANALYSIS
The Beer/Wine/Cooler On-Sale Establishment use is defined in Title 19.18 as An establishment
whose license to sell alcoholic beverages is limited to the sale of beer, wine and coolers only for
consumption on the premises where the same is sold.
The proposed use meets the definition above as stated in the justification letter, the applicants
intent to offer Beer/Wine/Cooler to restaurant customers.

MR

SUP-58222 [PRJ-57551]
Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

The Minimum Special Use Permit Requirements for this use include:
1. Except as otherwise provided, no beer/wine/cooler on-sale establishment (hereinafter
establishment) shall be located within 400 feet of any church/house of worship, school,
individual care center licenses for more than 12 children, or City park.
The use complies with this requirement, as there are no protected uses within 400 feet of
the proposed use.
2. Except as otherwise provided in Requirement 3 below, the minimum distances referred to
in Requirement 1 shall be determine with reference to the shortest distance between two
property lines, one being the property line of the proposed restaurant service bar which is
closes 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 parcels; 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
Requirement1.
The proposed use meets this requirement; measurement is taken from the existing
property line of Lot A of Parcel Map File 115 Page 77, located at the northwest corner of
Charleston Boulevard and Nellis Boulevard.
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 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.
MR

SUP-58222 [PRJ-57551]
Staff Report Page Six
May 12, 2015 - Planning Commission Meeting

This requirement does not apply to the proposed use, as the subject property contains an
area 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
reason in support of the decision.
This requirement does not apply as there are no protected uses within 400 feet of the
proposed use.
5. The minimum distance requirements in Requirement 1 do not apply to:
a. An establishment 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; or
b. A proposed establishment having more than 50,000 square feet of retail floor
space.
This requirement does not apply to this application.
6. All businesses which sell alcoholic beverages shall conform to the provision of LVMC
6.50.
The proposed Beer/Wine/Cooler On-Sale use meets this requirement. The proposed use
will be in conjunction with the service of food. LVMC 6.50 is a standard condition of
approval that cannot be waived.
The proposed Beer/Wine/Cooler On-Sale Establishment use will be located within an existing
6,349 square-foot restaurant in a C-1 (Limited Commercial) zoning district. The applicant would
like to sell beer wine or wine coolers for on premise consumption. The site is an existing
Shopping Center, as defined by Title 19.12 and meets the minimum on-site parking requirements
for a Shopping Center.
The subject property is within 500 feet of the County of Clarks jurisdiction; therefore, this
request qualifies as a Project of Regional Significance. All the proper documents were
completed and distributed to the required departments and agencies. The Las Vegas Valley
Water District returned the comment below.
MR

SUP-58222 [PRJ-57551]
Staff Report Page Seven
May 12, 2015 - Planning Commission Meeting

This parcel is currently served by LVVWD but the existing fire line does not have the required
backflow prevention per NAC 445A.67195. Civil plans will need to be submitted to LVVWD
for meter sizing, available fire flow, and installation of required backflow prevention.
The proposed use meets all the minimum requirements detail in Title 19.12 for the
Beer/Wine/Cooler On-Sale Establishment use and can be conducted in a manner that is
compatible and harmonious with the surrounding uses; therefore, staff recommends approval.

FINDINGS (SUP-58222)
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 location consists of an existing shopping center. This use is consistent with
the other retail uses in the center and is consistent with uses generally found in shopping
centers throughout the valley. There are no waivers of minimum distance separation
requirements from protected uses and the use can be conducted in a harmonious and
compatible manner with surrounding land uses.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The proposed use will operate within an existing restaurant within an existing Shopping
Center that is physically suitable for Beer/Wine/Cooler On-Sale Establishment use. The
Shopping Center can accommodate a variety of uses such as restaurants, retail stores and
offices.

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 accessible from Nellis Boulevard and from Charleston Boulevard,
both are 100-foot wide Primary Arterials that can provide adequate capacity 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.

MR

SUP-58222 [PRJ-57551]
Staff Report Page Eight
May 12, 2015 - Planning Commission Meeting

The proposed use will be subject to regular inspections by business licensing and will not
compromise 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 propose use meets all minimum Special Use Permit requirements per Title 19.12.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

1238

APPROVALS

PROTESTS

14

MR

SUP-58222

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SUP-58222 [PRJ-57551] - SPECIAL USE PERMIT -APPLICANT: BUFFET AT ASIA - OWNER: WRI
CHARLESTON COMMONS, LLC
151 NORTH NELLIS BOULEVARD
04/02/15

SUP-58222 - REVISED

Agenda Item No.: 14.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
SUP-58332 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: GREAT
WASH PARK, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED 4,623 SQUARE-FOOT RESTAURANT WITH ALCOHOL USE WITH 2,771
SQUARE FEET OF OUTDOOR SEATING AREA WITH A WAIVER TO ALLOW A 141FOOT DISTANCE SEPARATION FROM A CITY PARK WHERE 400 FEET IS REQUIRED
at 440 South Rampart Boulevard, Suite #180 (APN 138-32-615-001), C-2 (General Commercial)
Zone, Ward 2 (Beers) [PRJ-58274]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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-58332 [PRJ-58274]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: GREAT WASH PARK, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SUP-58332

RECOMMENDATION
Staff recommends APPROVAL, subject to conditions:

REQUIRED FOR
APPROVAL
N/A

** CONDITIONS **

SUP-58332 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Restaurant with
Alcohol use.

2.

All signage shall be permitted and meet minimum code requirements within 30 days of final
approval.

3.

Special Use Permit (SUP-39146) is hereby expunged.

4.

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.

5.

A Waiver from Title 19.12 is hereby approved, to allow a 141-foot distance separation from a
City Park where 400 feet is required.

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.

7.

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.

MR

SUP-58332 [PRJ-58274]
Conditions Page Two
May 12, 2015 - Planning Commission Meeting

8.

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.

9.

Approval of this Special Use Permit does not constitute approval of a liquor license.

10.

This business shall operate in conformance to Chapter 6.50 of the City of Las Vegas
Municipal Code.

11.

All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein

MR

SUP-58332 [PRJ-58274]
Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit for a 4,623 square-foot Restaurant with Alcohol use
with 2,771 square feet of outdoor seating area at 440 South Rampart Boulevard, Suite #180. The
existing tenant space is part of a multi-suite building within an existing 775,890 square-foot
mixed-use development. A 141-foot distance separation Waiver from a City park accompanies
this application. Staff supports the requested Waiver request as closest access route from the site
to the City park is severely restricted, (approximately 1,400 feet along a pedestrian trail). The site
provides shared parking and access throughout the 28.43-acre site. This use can be conducted in
a harmonious and compatible manner with the existing and future land uses. For these reasons,
staff recommends approval of the Special Use Permit request. If denied, the restaurant can
remain open; however, alcohol sales will be prohibited unless a Liquor Establishment (Tavern)
use is reestablished within the time frame detailed by Title 19.

ISSUES

A Restaurant with Alcohol use is permissible in the C-2 (General Commercial) zoning
district with the approval of a Special Use Permit.
A Waiver from Title 19.12 is required to allow a 141-foot distance separation from a City
Park where 400 feet is required. Staff supports this waiver.
There is an approved Special Use Permit (SUP-39146) for a Liquor Establishment (Tavern)
use at this location. The application intends to replace this land use entitlement with the
current Restaurant with Alcohol request.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a Site Development Plan Review (SDR-10770)
for a 10-story Mixed-Use Development consisting of 699,000 square feet of
commercial space and 340 residential units and a Variance (VAR-10773) to
04/19/06
allow 3,225 parking spaces where 3,540 parking spaces are required at the
northeast corner of Rampart Boulevard and Alta Drive. Planning Commission
recommended approval. Staff recommended denial.
The City Council approved a Special Use Permit (SUP-28998) for a Supper
Club with a Waiver to allow a 141-foot separation from a City Park where
10/01/08
400 feet is the minimum required at the northeast corner of Rampart
Boulevard and Alta Drive. The Planning Commission and staff recommended
approval.

MR

SUP-58332 [PRJ-58274]
Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Related Relevant City Actions by P&D, Fire, Bldg., etc.


The City Council approved a Special Use Permit (SUP-30583) for a proposed
12,195 square-foot Supper Club with a Waiver to allow a 141-foot distance
12/17/08
separation from a city park where 400 feet is required at 440 South Rampart
Boulevard, Suite #120. The Planning Commission and staff recommended
approval.
The City Council approved a Special Use Permit (SUP-34175) for a proposed
Liquor Establishment (Tavern) with waivers to allow a distance separation of
07/01/09
141 feet from a City Park and to allow no distance separation from a similar
use where 1,500 feet is required at 330 South Rampart Boulevard, Suite #215.
Staff recommended approval.
The Planning Commission approved a Special Use Permit (SUP-39146) for a
Liquor Establishment (Tavern) with waivers to allow a distance separation of
09/23/10
141 feet from a City Park and to allow no distance separation from a similar
use where 1,500 feet is required at 440 South Rampart Boulevard, Suite #180.
Staff recommended approval.
The Planning Commission approved a Special Use Permit (SUP-39440) for a
Supper Club with a Waiver to allow a 141-foot distance separation from a
City Park where 400 feet is required at 420 South Boulevard, Suite #180 and
10/21/10
a Special Use Permit (SUP-39441) for a Liquor Establishment (Tavern) with
waivers to allow a distance separation of 141 feet from a City Park and to
allow no distance separation from a similar use where 1,500 feet is required at
440 South Rampart Boulevard, Suite #B190. Staff recommended approval.
The Planning Commission approved a Special Use Permit (SUP-40087) for a
proposed Supper Club with a Waiver to allow a 141-foot separation distance
12/16/10
from a City Park where 400 feet is required at 400 South Rampart Boulevard,
Suite #190. Staff recommended approval.
The Planning Commission approved a Special Use Permit (SUP-41030) for a
proposed 2,946 square-foot Beer/Wine/Cooler On-Sale Establishment use
04/12/11
with a Waiver to allow a 141-foot distance separation from a City Park where
400 feet is required at 410 South Rampart Boulevard, Suite #120. Staff
recommended approval.
The Planning Commission approved a Special Use Permit (SUP-40748) for a
Liquor Establishment (Tavern) located at 430 South Rampart Boulevard,
Suites #B160, B170 and B181 with waivers to allow a distance separation of
141 feet from a City Park and to allow no distance separation from a similar
05/10/11
use where 1,500 feet is required and a Special Use Permit (SUP-40749) for a
Liquor Establishment (Tavern) at 430 South Rampart Boulevard, Suite #B130
with waivers to allow a distance separation of 141 feet from a City Park and
to allow no distance separation from a similar use where 1,500 feet is
required. Staff recommended approval.

MR

SUP-58332 [PRJ-58274]
Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Related Relevant City Actions by P&D, Fire, Bldg., etc.


The Planning Commission approved a request for a Special Use Permit (SUP05/08/12
43957) to allow an Indoor Swap Meet at 420 South Rampart Boulevard, Suite
#150. Staff recommended approval.
The City Council approved a request for a Special Use Permit (SUP-45533) to
allow a Supper Club with a Waiver to allow a distance separation of 141 feet
07/10/12
from a City Park where 400 feet is required at 430 South Rampart Boulevard,
Suite #170. Staff recommended approval.
The City Council approved a request for a Special Use Permit (SUP-45933) to
allow a Beer/Wine/Cooler On- and Off-Sale Establishment use with a Waiver
08/14/12
to allow a 141-foot separation distance from a City Park where 400 feet is
required at 420 South Rampart Boulevard, Suite #150. Staff recommended
approval.
The Planning Commission approved a request for a Special Use Permit (SUP46271) to allow a Supper Club with a Waiver to allow a 141-foot separation
09/11/12
distance from a City Park where 400 feet is required at 430 South Rampart
Boulevard, Suite #110. Staff recommended approval of the request.
The Planning Commission approved a request for a Special Use Permit (SUP47802) for a supper club in conjunction with an existing 21,239 square-foot
02/12/13
restaurant and Beer/Wine/Cooler On and Off-Sale Establishment with a
Waiver to allow a 141-foot distance separation from a city park where 400
feet is the minimum required at 420 South Rampart Boulevard, Suite #150.
The Planning Commission approved a request for an Extension of Time
(EOT-49284) of an approved Special Use Permit (SUP-41304) for a proposed
13,122 square-foot Liquor Establishment (Tavern) within a 28.44-acre mixed07/09/13
use development with waivers to allow a distance separation of 141 feet from
a park where 1,500 feet is required and no distance separation from a similar
use where 1,500 feet is required at 430 South Rampart Boulevard, Suites #150
and #230. Staff recommended approval of the request.
The Planning Department administratively approved a request for Special Use
Permit (SUP-50286) for a Minor Amendment to an approved Special Use
08/01/13
Permit (SUP-30583) for a proposed reduction in floor area to a Supper Club
at 440 South Rampart Boulevard, Suites #120.
The Planning Commission approved a Special Use Permit (SUP-54786) for a
Beer/Wine/Cooler On-Sale Establishment with a waiver to allow a 141-foot
08/12/14
separation distance from a City Park where 400 feet is required at 420 South
Rampart Boulevard, Suite #150. Staff recommended approval.

Most Recent Change of Ownership


01/16/04
A deed was recorded for a change in ownership.

MR

SUP-58332 [PRJ-58274]
Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

Related Building Permits/Business Licenses


A building permit (#7002891) was issued for a shell building at 440 South
10/15/07
Rampart Boulevard. The permit was finalized on 05/16/11.
A building permit (#7002892) was issued for on-site improvements at 440
02/23/09
South Rampart Boulevard. The permit was not finalized.
A building permit (#173888) was issued for a Certificate of Occupancy at 440
12/02/10
South Rampart Boulevard, Suite #180. The permit was finalized on 05/25/11.
A building permit (#194509) was issued for banquet room addition for at 440
08/25/11
South Rampart Boulevard, Suite #180. The permit was finalized on 02/06/12.
A business license (L16-00379) was issued for a Tavern at 440 South
12/06/12
Rampart Boulevard, Suite #180. The license expired on 04/01/15.
A business license (G63-00592) for a Restaurant was issued for at 440 South
Rampart Boulevard, Suite #180. The license is active as of 04/20/15.
A temporary business license (P63-00080) was for a Restaurant with alcohol
0318/15
was issued at 440 South Rampart Boulevard, Suite #180 with a condition that
an SUP for a Restaurant with Alcohol use must be obtained. The license is
active as of 04/20/15.

Pre-Application Meeting
A pre-application meeting was held with the applicants designated
01/16/04
representative to discuss the Special Use Permit submittal requirements for a
Restaurant with Alcohol use.

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

Field Check
04/02/15

A site inspection was conducted on the property, which revealed the property
was clean and graffiti free. The suite is an existing restaurant.

Details of Application Request


Site Area
Net Acres
28.43

MR

SUP-58332 [PRJ-58274]
Staff Report Page Five
May 12, 2015 - Planning Commission Meeting
Surrounding
Property
Subject Property

North

South

East
West

Existing Land Use


Per Title 19.12
Mixed-Use
Development
Commercial
Recreation and
Amusement
(Outdoor)
Undeveloped
[approved Shopping
Center and MultiFamily
Development]
Single-Family,
Detached
Hotel/Casino

Planned or Special
Land Use Designation
GC (General
Commercial)

Existing Zoning District


C-2 (General
Commercial)

PR-OS
(Parks/Recreation/Open
Space)

C-V (Civic)

SC (Service
Commercial)

PD (Planned
Development)

L (Low Density
Residential)
SC (Service
Commercial)

R-1 (Single Family


Residential)
C-1 (Limited
Commercial)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
No Applicable Special Purpose or Overlay Districts
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
Compliance
N/A
Compliance
Y
N/A
N/A
N/A

Pursuant to SDR-10770 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
Shared
parking
model
as
Mixed-Use
775,890 SF
3,760
originally
approved
by SDR10770
3,760
3,877
Y
TOTAL SPACES REQUIRED
3,712
48
3,817
60
Y
Regular and Handicap Spaces Required
MR

SUP-58332 [PRJ-58274]
Staff Report Page Six
May 12, 2015 - Planning Commission Meeting

Waivers
Requirement
Request
A 400-foot minimum separation To allow a 141-foot
distance is required from any
separation distance
City park.
from a City park

Staff Recommendation
Approval

ANALYSIS
The applicant is proposing to establish a Restaurant with Alcohol use within an existing
restaurant located in a mixed-use development at 440 South Rampart Boulevard, Suite #180. The
subject site is located with the C-2 (General Commercial) zoning district. The 775,890 squarefoot mixed-use development provides shared parking and access throughout the 28.43-acre site.
The suite is two stories with indoor and outdoor seating areas on both floors. The suite currently
has a land use entitlement for a Liquor Establishment (Tavern) that closed on 04/01/15. A
temporary license was issued for a Restaurant with Alcohol use pending the outcome of this
Special Use Permit. The Tavern Special Use Permit (SUP-39146) be expunged if this Special
Use Permit for a Restaurant with Alcohol use is approved. The proposed restaurant is 4,623
square feet in size with a 2,771 square-foot outdoor seating area. Seating will be provided for
169 patrons (142 seats and 27 bar stools).
The Restaurant with Alcohol use is defined as a restaurant and bar operation with alcoholic
beverage sales in which:
1. The actual seating available at all times within the dining area will accommodate at
least 100 persons. For purposes of this requirement, the dining area does not include
bar stool seating at the bar or lounge seating, but may include table or booth seating
within the bar area and table seating within a patio area;
This requirement is met, as the floor plan illustrates that 142 seats are provided (78 seats
in the dining area and 64 seats in patio area) with an additional 27 sitting stools in the
three bar areas.
2. Alcoholic beverages are served in the restaurant area only in conjunction with the
service of food;
3. Full-course meals are available during all hours the bar area is open to the public;
4. A cook and food server, other than a bartender, are available at all times the bar area is
open to the public; and
5. The restaurant operation is the principal portion of the business.

MR

SUP-58332 [PRJ-58274]
Staff Report Page Seven
May 12, 2015 - Planning Commission Meeting

According to the submitted justification letter and floor plan, the proposed use meets the
definition outlined above. The justification letter details the applicant anticipates that more food
will be sold than alcohol. Compliance with the requirement that a cook and food server will be
available at all times the bar is open to the public will be enforced through regular inspections
that occur throughout the licensing process. The floor plan illustrates a restaurant capable of
seating 169 patrons.
The minimum Special Use Permit requirements for this use include:
1. No restaurant with alcohol use shall be located within 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, as there is a City park located 141
feet from the proposed use. A distance separation Waiver has been applied for and
which staff supports, as the closest vehicle or pedestrian access to the City park is
along a pedestrian path approximately 1,400 feet to the east.
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 restaurant with alcohol
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
with alcohol. 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 measurement is taken from the existing property line of the Village at
Queensridge Lot 1 of Plat Book 143 Page 49, located at the northwest corner of
Alta Drive and Rampart Boulevard.
3. In the case of a restaurant with alcohol 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 restaurant with alcohol will be located, without
regard to intervening obstacles; or
MR

SUP-58332 [PRJ-58274]
Staff Report Page Eight
May 12, 2015 - Planning Commission Meeting

b.

In the case of a proposed restaurant with alcohol 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 restaurant with alcohol will be
located, without regard to intervening obstacles.

This requirement does not apply to the proposed use, as the parcel on which it is
proposed is less than 80 acres in size.
4.

When considering a Special Use Permit application for a restaurant with alcohol
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.
These are instructions for the Planning Commission to consider when considering a
distance separation Waiver.

5.

The minimum distance requirements in Requirement 1 do not apply to:


a. An establishment 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; or
b. A proposed establishment having more than 50,000 square feet of retail floor
space.
Neither condition applies to the proposed use.

6. The parcel or use is operated or controlled by an agency or subdivision of local, state


or federal government. (C-V only)
This condition does not apply as the parcel is C-1 (Limited Commercial).
*7. All businesses which sell alcoholic beverages shall conform to the provisions of
LVMC Chapter 6.50.
The proposed use will meet this requirement, as a condition of approval requires the
conformance to Chapter 6.50 of the City of Las Vegas Municipal Code.
The proposed use is located within 141 feet from a City park to the northeast where a 400-foot
minimum distance separation is required. The proposed location of this use fails to comply with

MR

SUP-58332 [PRJ-58274]
Staff Report Page Nine
May 12, 2015 - Planning Commission Meeting

the minimum distance separation requirements for a Special Use Permit. The requested Waiver
to allow a 141-foot distance separation from a City park use represents a 65% reduction from the
required 400-foot separation mandated by Title 19. Staff supports the requested distance
separation Waiver, as the closest access route to the site from the City park is severely restricted
(approximately 1,400 feet along a pedestrian path). Other than the request Waiver, all Title 19
requirements are met; therefore, staff is recommending approval, as the use is considered
appropriate for the surrounding area. If denied, the restaurant can open at this location; however,
alcohol would be prohibited unless a Liquor Establishment (Tavern) use is reestablished within
the time frame detailed by Title 19 or a different alcohol Special Use Permit is obtained.

FINDINGS (SUP-58332)
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 location is an existing 775,890 square-foot mixed-use development with
restaurants, taverns, offices, residential and other retail uses. The proposed use can be
operated 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 subject site is physically suitable for the proposed Restaurant with Alcohol use, as it
will be operated within an existing mixed-use development that is physically suitable for
this use.

3.

Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
The subject site has shared access to existing driveways onto Rampart Boulevard, an 100foot Primary Arterial and Alta Drive, an 80-foot Major Collector (as designated by the
Master Plan of Streets and Highways). Both roadways are adequate in size to handle the
capacity 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.

MR

SUP-58332 [PRJ-58274]
Staff Report Page Ten
May 12, 2015 - Planning Commission Meeting

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.
5.

The use meets all of the applicable conditions per Title 19.12.
The proposed Restaurant with Alcohol use meets all the applicable minimum requirements
of Title 19.12, except the distance separation Waiver which staff supports.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

801

APPROVALS

PROTESTS

34

MR

SUP-58332

PRJ-58274
03/12/15

SUP-58332
05/12/15 PC

PRJ-58274
03/12/15

CLV Planning - Application Form

Application Number:

PRJ-58274

Application/Petition For:

SUP for a Restaurant with alcohol

ProjectAddress (Location):

440 SOUTH RAMPART BLVD, SUITE#180

Project Name

TAPAS BY ALEX

Assessors Parcel #(s):

13832615001

Ward #:

WARD 2 (BOB BEERS)

Is the Application Information


Correct:

Yes

If no, ...change what

General Plan Designation: Proposed: Select

Zoning District: Proposed:

Select

Gross Acres:

Lots/Units:

Additional Information:

Applicant First Name:

Great Wash Park

Applicant Last Name:

Hesham Karoum

Applicant Address:

9525 Hillwood SDrive #100

Applicant City:

Las Vegas

Applicant State:

NV

Applicant Zip:

89134

Applicant Phone:

(702) 940-8862

Applicant Fax:

(702) 940-8881

Applicant Email:

hkaroum@tvqr.com

Rep First Name:

Brown, Brown & Premsrirut

Rep Last Name:

Lora Dreja

Rep Address:

520 South 4th Street

Rep City:

Las Vegas

Rep State:

NV

Rep Zip:

89101

Rep Phone:

(702) 598-1408

Rep Fax:

(702) 385-1023

Rep Email:

lora@brownlawlv.com

PRJ-58274
03/12/15

3/12/2015 8:51:52 AM

Page 1 of 2

CLV Planning - Application Form

I certify that I am the applicant and Yes

that the information submitted with

this application is true and accurate

to the best of my knowledge and

belief. I understand that the City is

not responsible for inaccuracies in

information presented, and that

inaccuracies, false information or

incomplete application may cause

the application to be rejected. I

further certify that I am the owner

or purchaser (or option holder) of

the property involved in this

application, or the lessee or agent

fully authorized by the owner to

make this submission.

I Accept:

Is the Owner Information Correct:

Yes

If no, ...change what

Owner(s)

ADDR1

ADDR2

GREAT WASH PARK L L C

9525 HILLWOOD DR #100

LAS VEGAS, NV 89134

CLVEPLAN Applicant

Company

Title

Email

Lora Dreja

Brown, Brown & Premsrirut

Land Entitlements

lora@brownlawlv.com

PRJ-58274
03/12/15

3/12/2015 8:51:52 AM

Page 2 of 2

SUP-58332

A A

AA

SUP-58332


A

SUP-58332

SUP-58332

SUP-58332

A

A

A A

SUP-58332

SUP-58332 [PRJ-58274] - SPECIAL USE PERMIT -APPLICANT/OWNER: GREAT WASH PARK, LLC
440 SOUTH RAMPART BOULEVARD, SUITE #180
04/02/15

SUP-58332 [PRJ-58274] - SPECIAL USE PERMIT -APPLICANT/OWNER: GREAT WASH PARK, LLC
440 SOUTH RAMPART BOULEVARD, SUITE #180
04/02/15

March 9, 201 5
City of Las Vegas Planning and Zoning
3 3 3 North Rancho Drive
Las Vegas, Nevada 8 91 06

Re: Special Use Permit for Restaurant with Alcohol (a.k.a. Supper Club) within Tivoli
Village at Queensridge Parcel 1 38-32-601 -003, 440 South Rampart #1 80.
Dear Sir/Madam;
Please consider this request to allow Tapas by Alex, a restaurant with alcohol within Tivoli

Villages mixed use development (S UP-5 8 5 3 ). The site is located within a 29 acre commercial

and residential development located at the northeast corner of Alta Drive and Rampart Boulevard.

The underlying zoning is C-2.


The proposed business is a Spanish themed tapas restaurant. The space was previously used by

two separate tavern operators S UP-3 91 46. This tenant wishes to avoid initiation fees involved

with Tavern licensing thereby changing the use to a Restaurant with Alcohol. The business

expects to sell more food items than alcohol and also has non-lounge seating for more than 1 00
patrons. Areas around the bars will be stanchioned or otherwise buffered to direct minors and

guardians to the seating area. This tenant does not intend to station a bartender at the existing 2 nd
floor bar, however, patrons may still sit adjacent to it should they wish to view the televisions.
This application requires a waiver of separation distance to allow less than 400 feet from the

property line of the subject parcel to the property line of the nearest city park. The Tivoli Village

mixed use development is situated on a parcel on which the north easternmost corner measures

1 41 feet from a playground within Angel Park (1 3 8 -3 2-5 01 -003 ). It is important to note that the

commercial portion of this 3 0 acre parcel is on the westernmost side of the mixed use area.

Consequently approximately 5 60 feet of mid-rise residential development will be situated

between the commercial portion of Tivoli Villages and the subject playground. It is also notable

that there are two barriers between this park and Tivoli Village. The first is an approximate 600

foot fence along the northern boundary of the property. The second is a drainage channel that is

more than 20 feet deep. As a result, a pedestrian must walk 1 65 5 feet to the park while there is
no direct vehicular access. For this reason, the park is suitably protected from this restaurant.
Very truly yours,
Lora Dreja
Land Entitlements
Law Offices of Jay Brown
(702) 5 98 -1 408

PRJ-58274
03/12/15

SUP-58332

Agenda Item No.: 15.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
SUP-58389 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
HARRISON PROPERTIES, LTD - For possible action on a request for a Special Use Permit
FOR A PROPOSED BEER/WINE/COOLER ON-SALE ESTABLISHMENT USE WITHIN A
PROPOSED 1,152 SQUARE-FOOT RESTAURANT USE (GROUND LEVEL) at 725, 729 and
731 South Las Vegas Boulevard (APN 139-34-401-020), C-2 (General Commercial) Zone, Ward
3 (Coffin) [PRJ-58371]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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-58389 (PRJ-58371)

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: HARRISON PROPERTIES, LTD.

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SUP-58389

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL, subject to conditions:

** CONDITIONS **

SUP-58389 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Beer/Wine/Cooler
On-Sale use.

2.

Conformance to the approved conditions of Site Development Plan Review (SDR-55324).

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.

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.

7.

Approval of this Special Use Permit does not constitute approval of a liquor license.

GK

SUP-58389 (PRJ-58371)
Conditions Page Two
May 12, 2015 - Planning Commission Meeting

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.

GK

SUP-58389 (PRJ-58371)
Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting a Special Use Permit to locate a Beer/Wine/Cooler On-Sale
Establishment within a proposed restaurant located on the ground floor of an 11,708 square-foot
commercial building under construction at 725, 729 and 731 South Las Vegas Boulevard. The
restaurant establishment is 1,152 square feet in size. The Beer/Wine/Cooler On-Sale
Establishment use will be ancillary to the proposed restaurant land use. Staff recommends
approval, as this request can be conducted in a compatible and harmonious manner with the
surrounding development and the proposal meets the objectives of the Las Vegas Downtown
Centennial Plan by promoting a pedestrian friendly environment with a diverse array of retail
establishments. If denied, the applicant will not be allowed to conduct the Beer/Wine/Cooler OnSale establishment at this location.
ISSUES

The Beer/Wine/Cooler On-Sale Establishment use is permitted in the C-2 (General


Commercial) zoning district with the approval of a Special Use Permit.
All signage requires approval by the Downtown Design Review Committee prior to
issuance of permits.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Board of Zoning Adjustment approved a request for a Special Use Permit
(U-0141-89) to allow a Class III secondhand dealership for the buying and
09/28/89
selling of used gold, silver and jewelry on property located at 725 South Las
Vegas Boulevard.
The City Council approved a Special Use Permit (SUP-32815) for a proposed
03/18/09
Bailbond Service at 729 South Las Vegas Boulevard. The Planning
Commission recommended approval of the request on 02/12/09.
The City Council approved a Site Development Plan Review (SDR-55324)
for an 11,708 square-foot commercial building with a waiver of the
10/15/14
Downtown Centennial Plan Architectural Design Standards at 725, 729 and
731 South Las Vegas Boulevard. Planning Commission and staff
recommended approval.

GK

SUP-58389 (PRJ-58371)
Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Related Relevant City Actions by P&D, Fire, Bldg., etc


Staff administratively approved a Final Map (FMP-56613) for reversion to
acreage of 10 lots on 0.78 acres on the east side of Las Vegas Boulevard,
11/06/14
approximately 50 feet north of Gass Avenue. The Final Map was recorded on
01/06/15.
The Planning Commission approved a Special Use Permit (SUP-57326) for a
1,152 square-foot Tavern-Limited Establishment use (ground level) at 725,
729 and 731 South Las Vegas Boulevard. Staff recommended approval.
02/10/15
The Planning Commission approved a Special Use Permit (SUP-57327) for
an 864 square-foot Tavern-Limited Establishment use with 288 square feet of
outdoor seating area (second level) at 725, 729 and 731 South Las Vegas
Boulevard. Staff recommended approval.

Most Recent Change of Ownership


02/09/14
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


Business licenses (#T08-00063 & #B21-00014) were issued for a Tattoo
03/19/10
Parlor/Body Piercing Studio (Las Vegas Tattoo Company) at 731 South Las
Vegas Boulevard. The license is still active.
A building permit (#269096) was issued to demolish a 3,551 square-foot
09/11/14
building and a 1,484 square-foot building at 725, 729 and 731 South Las
Vegas Boulevard. The permit has not received a final inspection.
A Civil Improvement Plan (#56911) was approved by staff for an 11,708
02/05/15
square-foot commercial building at 725, 729 and 731 South Las Vegas
Boulevard. A final approval was issued on 02/10/15.

Pre-Application Meeting
Staff conducted a pre-application meeting with the representative to discuss
the proposed Beer/Wine/Cooler On-Sale use within a proposed restaurant.
The representative detailed that the subject site received prior approvals for
03/16/15
two Special Use Permits for Tavern-Limited Establishments, one of the upper
floor and one on the ground floor. This proposed Beer/Wine/Cooler On-Sale
use would replace the ground floor Tavern-Limited Establishment.

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

GK

SUP-58389 (PRJ-58371)
Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Field Check
04/02/15

Staff conducted a routine field check and noted a site under construction.

Details of Application Request


Site Area
Gross Acres
0.78
Surrounding
Property

Existing Land Use


Per Title 19.12
Vacant
Pawn Shop

Planned or Special
Land Use Designation

North

Parking Lot

C (Commercial)

South

Bailbond Service

MXU (Mixed Use)

Subject Property

East
West

Office, Other Than


Listed
Office, Other Than
Listed

MXU (Mixed Use)

MXU (Mixed Use)


C (Commercial)

Existing Zoning District


C-2 (General
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)
C-1 (Limited
Commercial)
C-2 (General
Commercial)

Master Plan Areas


Downtown Centennial Plan (Downtown South)
Special Purpose and Overlay Districts
Downtown Centennial Plan Overlay District (Downtown South)
Live/Work Overlay District
Las Vegas Boulevard Scenic Byway Overlay District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
Y
Compliance
Y
Y
Y
Compliance
N/A
Y
N/A
N/A

DEVELOPMENT STANDARDS

Street Name

Functional
Classification of
Street(s)

Governing Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Las Vegas
Boulevard

Primary Arterial

Master Plan of Streets


and Highways

100

GK

SUP-58389 (PRJ-58371)
Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

Parking Requirement - Downtown


Gross
Base Parking Requirement
Provided
Compliance
Floor
Parking
Parking
Use
Area or
Parking Ratio
HandiHandiNumber
Regular
Regular
capped
capped
of Units
1:50 SF of
640 SF
public seating
13
area
Restaurant
1:200 SF of
(Ground
remaining
Floor)
GFA, with a
512 SF
10
minimum of
10 spaces
required
1:50 SF of
854 SF
public seating
18
area
TavernLimited
1:200 SF of
Establishment
remaining
(SUP-57327
GFA, with a
298 SF
10
Second Floor)
minimum of
10 spaces
required
General Retail 9,404 SF
1:175 SF
54
105
0
N*
TOTAL SPACES REQUIRED
100
5
0
0
N*
Regular and Handicap Spaces Required
*Projects located within the Las Vegas Downtown Centennial Plan area are not subject to the
automatic application of parking requirements. However, the above table should be used to illustrate
the requirements of an analogous project in another location in the City. There is an existing parking
lot directly adjacent to the site to the north and another directly across Las Vegas Boulevard to the
west which will also provide additional parking in close proximity to the subject site.

ANALYSIS
The subject site is located on the east side of Las Vegas Boulevard, approximately 50 feet north
of Gass Avenue at 725, 729 and 731 South Las Vegas Boulevard. The C-2 (General
Commercial) zoning district is designed to provide the broadest scope of compatible services for
both the general and traveling public. This category allows retail, service, automobile, wholesale,
office and other general business uses of an intense character, as well as mixed use
developments.

GK

SUP-58389 (PRJ-58371)
Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

In October of 2014, the subject site was originally approved by Site Development Plan Review
(SDR-55324) for an 11,708 square-foot commercial building. In February of 2015, the Planning
Commission approved two Special Use Permits for Tavern-Limited Establishments. The first
Special Use Permit (SUP-57326) was for a 1,152 square-foot Tavern-Limited Establishment on
the ground level of the commercial building. The second Special Use Permit (SUP-57327) was
for an 864 square-foot Tavern-Limited Establishment with 288 square feet of outdoor seating
area on the second level. The applicant is currently requesting to change the previously approved
ground level Tavern-Limited Establishment to a Beer/Wine/Cooler On-Sale use within a
proposed 1,152 square-foot restaurant. The second level Tavern-Limited Establishment (SUP57327) will remain unaffected by this request.
A Beer/Wine/Cooler On-Sale use is described in Tile 19.12 as: An establishment whose license
to sell alcoholic beverages is limited to the sale of beer, wine and coolers only for consumption
on the premises where the same is sold.
Minimum Special Use Permit Requirements:
1. Except as otherwise provided, no beer/wine/cooler on-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 meets this requirement; as there is no church/house of worship, school,
individual care center licensed for more than 12 children, or City parks located within 400 feet
of the subject property.
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 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 meets this requirement; distances have been measured from the existing
property lines surrounding the subject site located on the east side of Las Vegas Boulevard,
approximately 50 feet north of Gass Avenue.
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

GK

SUP-58389 (PRJ-58371)
Staff Report Page Six
May 12, 2015 - Planning Commission Meeting

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.
Not applicable, the subject site is not located on a parcel of at least 80 acres of size, the assessor
list the subject property at 0.78 acres.
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 meets this requirement; as there is no church/house of worship, school, individual
care center licensed for more than 12 children, or City parks located within 400 feet of the
subject property.
5. The minimum distance requirements in Requirement 1 do not apply to:
a. 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; or
b. A proposed establishment having more than 50,000 square feet of retail floor space.
This condition is not applicable as the subject site is not located within an establishment, which
has a non-restricted gaming license in connection with a hotel having 200 or more guest rooms
or a proposed establishment having more than 50,000 square feet of retail floor space.
* 6. All businesses which sell alcoholic beverages shall conform to the provisions of LVMC
Chapter 6.50.
The proposed use will be subject to all business licensing requirements outlined in LVMC
Chapter 6.50 if approved.
According to the submitted justification letter and floor plan, the proposed use meets the
definition outlined above. The proposed Beer/Wine/Cooler On-Sale use adheres to all minimum
special use permit requirements as outlined by Title 19.12. The subject site is not located within
400 feet of any church/house of worship, school, individual care center licensed for more than
twelve children, or City Park. In addition, staff has added a condition of approval requiring the
business conform to all provisions of LVMC Chapter 6.50 with regards to an alcohol license.

GK

SUP-58389 (PRJ-58371)
Staff Report Page Seven
May 12, 2015 - Planning Commission Meeting

This project is located in the Las Vegas Downtown Centennial Plan Downtown South District,
which allows for no automatic application of standard parking requirements. However, the
applicant anticipates utilizing nearby public parking-lots and on-street parking meters to satisfy
the developments parking demand. There is an existing parking lot directly adjacent to the site to
the north and another directly across Las Vegas Boulevard to the west, which will also provide
additional parking in close proximity to the subject site.
The Department of Planning routed this request for a Special Use Permit to outside agencies for
review. The Las Vegas Valley Water District responded with the following comment. This
parcel is currently served by LVVWD. Civil and plumbing plans will need to be submitted to
LVVWD for domestic meter sizing and fire flow availability.
Staff recommends approval of the proposed Special Use Permits, with conditions, as this
proposed development specifically meets the goals of Las Vegas Downtown Centennial PlanDowntown South District by promoting a pedestrian friendly environment with a diverse array of
retail establishments. It has been determined that the proposed Beer/Wine/Cooler On-Sale use
can be conducted in a manner that is compatible with the surrounding land uses.

FINDINGS (SUP-58389)
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 On-Sale use will be ancillary to the proposed restaurant
use at the subject site. The proposed use is compatible with the surrounding land uses and
can be conducted in a manner that is harmonious with surrounding land uses.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The subject site can physically accommodate the proposed Beer/Wine/Cooler On-Sale
establishment in conjunction with a proposed restaurant use and is in close proximity to
other restaurants in the area.

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 Las Vegas Boulevard, 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 use.
GK

SUP-58389 (PRJ-58371)
Staff Report Page Eight
May 12, 2015 - Planning Commission Meeting

4.

Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
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 proposed use meets all applicable conditions for a Beer/Wine/Cooler On-Sale
Establishment per Title 19.12.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

643

APPROVALS

PROTESTS

37

GK

SUP-58389

PRJ-58371
03/18/15

CLV Planning - Application Form


Application Number:

PRJ-58371

Application/Petition For:

SUP for a 1,152 SF Beer/Wine/Cooler On-Sale use (ground level) within a proposed restaurant at 725,
729, and 731 South Las Vegas Blvd.

ProjectAddress (Location):

725, 729 AND 731 SOUTH LAS VEGAS BLVD

Project Name

B/W/C ON-SALE SUP

Assessors Parcel #(s):

13934401020

Ward #:

WARD 3 (BOB COFFIN)

Is the Application Information


Correct:

Yes

If no, ...change what


General Plan Designation: Proposed: Select
Zoning District: Proposed:

Select

Gross Acres:
Lots/Units:
Additional Information:
Applicant First Name:

Harrison Properties Ltd.

Applicant Last Name:

c.o Mr. Theo Spyer

Applicant Address:

713 South Las Vegas Blvd

Applicant City:

Las Vegas

Applicant State:

NV

Applicant Zip:

89101

Applicant Phone:

(702) 385-7912

Applicant Fax:
Applicant Email:

theo@gspawn.com

Rep First Name:

Brown, Brown and Premsrirut

Rep Last Name:

C/o Lora Dreja

Rep Address:

520 South 4th Street

Rep City:

Las Vegas

Rep State:

NV

Rep Zip:

89101

Rep Phone:

(702) 598-1408

Rep Fax:

(702) 385-1023

Rep Email:

lora@brownlawlv.com

SUP-58389
4/22/2015 12:57:40 PM

Page 1 of 2

CLV Planning - Application Form


I certify that I am the applicant and
that the information submitted with
this application is true and accurate
to the best of my knowledge and
belief. I understand that the City is
not responsible for inaccuracies in
information presented, and that
inaccuracies, false information or
incomplete application may cause
the application to be rejected. I
further certify that I am the owner
or purchaser (or option holder) of
the property involved in this
application, or the lessee or agent
fully authorized by the owner to
make this submission.
I Accept:

Yes

Is the Owner Information Correct:

Yes

If no, ...change what

Owner(s)

ADDR1

ADDR2

HARRISON PROPERTIES LTD

713 LAS VEGAS BLVD S

LAS VEGAS, NV 89101-6755

CLVEPLAN Applicant

Company

Title

Email

Lora Dreja

Brown, Brown & Premsrirut

Land Entitlements

lora@brownlawlv.com

SUP-58389
4/22/2015 12:57:40 PM

Page 2 of 2

PRJ-58371

03/18/15

SUP-58389

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PRJ-58371

SUP-58389

SUP-58389 [PRJ-58371] - SPECIAL USE PERMIT -APPLICANT/OWNER: HARRISON PROPERTIES, LTD


725, 729 AND 731 SOUTH LAS VEGAS BOULEVARD
04/02/15

March 1 7, 201 5
City of Las Vegas Planning and Zoning
3 3 3 North Rancho Drive
Las Vegas, Nevada 8 91 06
RE: Replacing a Tavern Limited Use Permit with an On S ale beer/wine and coolers.
Dear Sir/Madam:
Rolling Smoke BBQ, will be located on the first level of the Pawn Plaza container park. It is a

cafeteria style BBQ restaurant with a southern picnic theme. Currently it holds a Tavern Limited

use permit (5 73 26). The proprietors are happy to serve only beer and wine with meal; a full bar is

not necessary. The seating capacity is more than 3 0 patrons. It is our position that the requested

use permit us more attractive as origination fees are $ 2, 5 00 versus $ 20, 000.
Very truly yours,

Lora Dreja
Land Entitlements
Law Offices of Jay Brown
(702) 5 98 -1 408

PRJ-58371
03/18/15

SUP-58389

Agenda Item No.: 16.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
SUP-58467 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
FREMONT LV BLVD, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED 1,861 SQUARE-FOOT TAVERN-LIMITED ESTABLISHMENT USE at 509
Fremont Street (APN 139-34-601-002), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ58370]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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-58467 [PRJ-58370]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: FREMONT LV BLVD, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SUP-58467

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL, subject to conditions:

** CONDITIONS **

SUP-58467 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Tavern-Limited
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.

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.

6.

All signage shall conform to the Las Vegas Boulevard Scenic Byway Overlay Standards.

JB

SUP-58467 [PRJ-58370]
Conditions Page Two
May 12, 2015 - 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.

JB

SUP-58467 [PRJ-58370]
Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit for a proposed Tavern-Limited Establishment at 509
Fremont Street. The establishment is made up of approximately 1,861 square feet gross floor
with a no proposed outdoor seating area. The applicant has indicated that the proposed
establishment will have a British gastro pub theme. Staff recommends approval of this request as
it directly meets the objectives of the Las Vegas Downtown Centennial Plan by adding interest to
the pedestrian environment and encouraging commercial growth. If denied, the applicant will not
be allowed to operate a Tavern Limited Establishment at this location.
ISSUES

The Tavern-Limited use is permitted in the C-2 (General Commercial) zoning district with
the approval of a Special Use Permit.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a request for a Special Use Permit (SUP-6143) for
04/20/05
a 3,040 square-foot Tavern-Limited Establishment at 111 South Las Vegas
Boulevard. The Planning Commission and staff recommended approval.
The City Council approved a request for a Special Use Permit (SUP-6944) for
08/17/06
a Tavern at 511 Fremont Street. The Planning Commission and staff
recommended approval.
The Downtown Entertainment Overlay District Design Review Team
approved a request for an exterior faade and signage project (ARC-9826) for
11/08/05
an existing 3,700 square-foot building located at 111 South Las Vegas
Boulevard.
The City Council approved a request for a Special Use Permit (SUP-10530)
for a Tavern-Limited Establishment at 111 South Las Vegas Boulevard. The
Planning Commission and staff recommended approval.
02/15/06
The City Council approved a request for a Special Use Permit (SUP-10534)
for a Tavern-Limited Establishment at 501 and 503 Fremont Street. Planning
Commission and staff recommended approval.
The City Council approved a request for a Major Amendment (SUP-26246)
of an approved Special Use Permit (SUP-10534) to increase the square
03/19/08
footage from 5,235 square feet to 8,855 square feet of a Tavern-Limited
Establishment at 501 and 503 Fremont Street. Planning Commission and staff
recommended approval.

JB

SUP-58467 [PRJ-58370]
Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Related Relevant City Actions by P&D, Fire, Bldg., etc


The Downtown Entertainment Overlay District Design Review Team
approved a request for a Major Modification (ARC-28881) to an approved
07/08/08
Master Sign Plan (ARC-9826) to allow a five-foot aerial encroachment for an
existing Tavern Limited Establishment at 111 South Las Vegas Boulevard.
The Planning Commission approved a request for a Special Use Permit (SUP06/24/10
38251) for a proposed 6,846 square-foot Tavern-Limited Establishment at 107
South Las Vegas Boulevard. Staff recommended approval.
The Downtown Entertainment Overlay District Design Review Team
07/13/10
approved a request for a Master Sign Plan review (ARC-38716) on an
existing retail building at 107 South Las Vegas Boulevard.
The City Council approved a request for a Special Use Permit (SUP-46294)
for a proposed 14,888 square-foot Tavern-Limited Establishment at 107 South
12/19/12
Las Vegas Boulevard. The Planning Commission and staff recommended
approval.
The City Council approved a request for a Special Use Permit (SUP-50433)
for a proposed Beer/Wine/Cooler On-Sale use within an existing Restaurant at
10/16/13
505 Fremont Street. The Planning Commission and staff recommended
approval.

Most Recent Change of Ownership


02/27/12
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A Code Enforcement case (#10642) was processed for an illegal sign
03/02/04
installation at 509 Fremont Street. The case was resolved on 05/20/04.
A building permit (#72848) was issued for a fire sprinkler system (Tattoo
09/21/06
Shop) located at 509 Fremont Street. The permit was finalized on 12/27/07.
A Code Enforcement case (#94392) was processed for speakers playing loud
09/13/10
music outside of a store located at 509 Fremont Street. The case was resolved
on 09/17/10.
A Code Enforcement case (#102791) was processed for speakers playing loud
06/09/11
music outside of a store located at 509 Fremont Street. The case was resolved
on 06/22/11.
A Code Enforcement case (#106270) was processed for speakers playing loud
09/28/11
music outside of a store located at 509 Fremont Street. The case was resolved
on 10/19/11.
A building permit (#255083) was issued for a tenant improvement (Writers
03/20/14
Block) located at 509 Fremont Street. The permit has not been finalized.

JB

SUP-58467 [PRJ-58370]
Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Related Building Permits/Business Licenses


A building permit (#279073) was issued for an interior demolition located at
02/04/15
509 Fremont Street. The permit has not been finalized.

Pre-Application Meeting
A pre-application meeting was held with the applicant where staff discussed
03/17/15
the submittal requirements for a Special Use Permit for a proposed TavernLimited Establishment use.

Neighborhood Meeting
A neighborhood meeting is not required for this type of request, nor was one held.

Field Check
04/02/15

Staff conducted a field check and found a well maintained commercial


building. However, the adjacent tenant space to the wests front faade was
covered by plywood and had temporary banner sign attached to it advertising
Coming Soon.

Details of Application Request


Site Area
Net Acres
0.45

Surrounding
Property

Existing Land Use


Per Title 19.12
Tavern-Limited
Establishment

Planned or Special
Land Use Designation

North

Restaurant

C (Commercial)

South

Office, Other Than


Listed

C (Commercial)

East

Tavern

C (Commercial)

West

Restaurant

C (Commercial)

Subject Property

C (Commercial)

Existing Zoning District


C-2 (General
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)

JB

SUP-58467 [PRJ-58370]
Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

Master Plan Areas


Downtown Centennial Plan
Special Purpose and Overlay Districts
Downtown Centennial Plan Overlay Fremont East District
A-O (Airport Overlay) District (200 Feet)
Downtown Entertainment Overlay District
Live/Work Overlay District
Las Vegas Boulevard Scenic Byway Overlay District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
Y
Compliance
Y
Y
Y
Y
Y
Compliance
N/A
Y
N/A
N/A

DEVELOPMENT STANDARDS

Street Name

Functional
Classification of
Street(s)

Governing Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Fremont Street

Major Collector

Master Plan of Streets


and Highways

80

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement - Downtown
Base Parking Requirement
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
1:50 SF of
1,861 SF (996
seating
TavernSF indoor
area plus
Limited
seating with
25
1:200 of
Establishment 865 SF gross
remaining
remaining)
floor area
25
0
N*
TOTAL SPACES REQUIRED
24
1
0
0
N*
Regular and Handicap Spaces Required
*Projects located within the Las Vegas Downtown Centennial Plan area are not subject to the
automatic application of parking requirements. However, the above table should be used to illustrate
the requirements of an analogous project in another location in the City.

JB

SUP-58467 [PRJ-58370]
Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

ANALYSIS
A Tavern-Limited Establishment is described in Title 19.12 as: An establishment that is
licensed with a tavern-limited license in accordance with LVMC Chapter 6.50. There are no
Minimum Special Use Permit Requirements for this use. This use is permitted in the C-2
(General Commercial) zoning district with an approved Special Use Permit.
This project is located in the Downtown Centennial Plan Fremont East District within an existing
1,861 square-foot tenant space located at 509 Fremont Street. The applicant has indicated that the
proposed establishment will have a British gastro pub theme, which will provide a social pub
atmosphere with English comfort food including Fish & Chips, Bangers & Mash, pastries and
Cottage Pie; Specialty drinks will include Guinness, cider, artisanal beers, Black & Tan,
Shandygaff, Pimms Royal and London Fog. In addition, the proposed use will also provide
activities such as trivia nights and English Premier League soccer games shown on TVs
provided throughout the venue.
This project is located on Fremont Street with ample parking for the proposed use provided by
nearby public parking lots within one block of the establishment and public parking meters
located on all surrounding streets.
Staff recommends approval of the proposed Special Use Permit, with conditions, as this
proposed development specifically meets the goals of Las Vegas Downtown Centennial PlanFremont East District by promoting a pedestrian friendly environment with a diverse array of
retail establishments.

FINDINGS (SUP-58467)
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 Tavern-Limited Establishment is located in the Downtown Centennial
Plan overlay and will serve as a themed tavern that is complimentary to the other
restaurants and taverns in the neighborhood and is the type of use that is encouraged in
the Downtown Entertainment Overlay District. It can be conducted in a manner that is
harmonious and compatible with the surrounding land uses, and with the future
surrounding land uses.

JB

SUP-58467 [PRJ-58370]
Staff Report Page Six
May 12, 2015 - Planning Commission Meeting

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The subject site can physically accommodate the proposed Tavern-Limited
Establishment use and is in close proximity other restaurants and taverns in the area.

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 Fremont Street, an 80-foot Major Collector Street as
designated in the Master Plan of Streets and Highways. This street is sufficient in size to
accommodate the needs of the proposed use. The parking standards of Title 19 are not
automatically applied for proposals within the Downtown Centennial Plan; however,
the applicant anticipates utilizing nearby public parking-lots and on-street parking
meters to satisfy the developments parking demand. Staff finds that a sufficient amount
of available parking is located within a one-block radius of this proposal.

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 proposed use meets all applicable conditions for a Tavern-Limited Establishment
per Title 19.12.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

224

APPROVALS

PROTESTS

37

JB

SUP-58467

PRJ-58370
03/23/15

SUP-58467
05/12/15 PC

PRJ-58370
03/23/15

SUP-58467

6
A

SUP-58467

AA

AAA

AA

A
A
A

A
A

AA

A
A

A
A

AA
A

SUP-58467

A
A

A
A

A
A

AA

AA

SUP-58467 [PRJ-58370] - SPECIAL USE PERMIT -APPLICANT/OWNER: FREMONT LV BLVD, LLC


509 FREMONT STREET
04/02/15

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SUP-58467 - REVISED

Agenda Item No.: 17.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
SUP-58487 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: OMELET
HOUSE SUMMERLIN - OWNER: PATTON RAMPART, LLC - For possible action on a
request for a Special Use Permit FOR A PROPOSED BEER/WINE/COOLER ON-SALE
ESTABLISHMENT USE WITHIN AN EXISTING 2,000 SQUARE-FOOT RESTAURANT at
2227 North Rampart Boulevard (APN 138-20-522-002), P-C (Planned Community) Zone [C
(Commercial) Sun City Summerlin Special Land Use Designation], Ward 4 (Anthony) [PRJ58233]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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. Support Postcards

SUP-58487 [PRJ-58233]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: OMELET HOUSE SUMMERLIN - OWNER:
PATTON RAMPART, LLC

** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-58487

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL, subject to conditions:

** CONDITIONS **

SUP-58487 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Beer/Wine/Cooler
On-Sale Establishment 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.

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.

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.
YK

SUP-58487 [PRJ-58233]
Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit for a Beer/Wine/Cooler On-Sale Establishment use
within an existing 2,000 square-foot restaurant at 2227 North Rampart Boulevard. The use is
permitted in the C (Commercial) designation within Sun City Summerlin with the approval of a
Special Use Permit, and can be conducted in a manner that is harmonious and compatible with
the surrounding uses. Therefore, staff recommends approval. If the application is denied, the
Beer/Wine/Cooler On-Sale Establishment use would not be allowed at this location.

ISSUES

A Special Use Permit is required for a Beer/Wine/Cooler On-Sale Establishment in the C


(Commercial) designation within Sun City Summerlin. Staff supports this request.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved an Annexation (A-0020-86) of approximately
12/01/86
5,367 acres generally located on the south side of Cheyenne Avenue west of
Buffalo Drive with an effective date of 06/10/87.
The City Council approved the Rezoning (Z-0044-87) from N-U (Non-Urban)
to PC (Planned Community) with the proposed use of a Planned Community
06/03/87
on the property located south of Cheyenne Avenue between Buffalo Drive
and Hualapai Way. The Planning Commission and staff recommended
approval.
The City Council approved the Sun City Development Standards (Z-004410/21/87
87). The Planning Commission and staff recommended approval.
The City Council approved the revised Summerlin Development Standards
02/17/89
(Z-0044-87)
The City Council approved a Special Use Permit (U-0088-94) for the sale of
beer and wine in conjunction with an existing restaurant at 2239 North
06/15/94
Rampart Boulevard. The Board of Zoning Adjustments and staff
recommended approval.

Most Recent Change of Ownership


09/15/98
A deed was recorded for a change in ownership.

YK

SUP-58487 [PRJ-58233]
Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Related Building Permits/Business Licenses


1993
A retail shopping center was constructed.
A building permit (#94321035) was issued for a tenant improvement for 2227
02/28/94
North Rampart Boulevard. The permit was finalized on 05/23/94.
A business license (R09-01117) was issued for a restaurant at 2227 North
12/14/01
Rampart Boulevard. The license is active.
Pre-Application Meeting
Staff met with the applicant and reviewed the requirements for a
03/04/15
Beer/Wine/Cooler On-Sale Establishment Use. No major issues were noted
at this time.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
04/02/15

Staff visited the site and found an inline retail building, within a shopping
center. The property was clean and no issues were noted.

Details of Application Request


Site Area
Net Acres
11.59
Surrounding
Property
Subject Property

Existing Land Use


Per Title 19.12
Shopping Center

North

Single-Family,
Attached

South

Shopping Center

East

Shopping Center

West

Single-Family,
Detached

Planned or Special
Land Use Designation
Commercial (Sun City
Summerlin Land Use
Designation)
Garden Home (Sun City
Summerlin Land Use
Designation)
VC (Village Center)
Summerlin Land Use
Designation
SC (Service
Commercial)
SF-3 (Single Family
Detached) Summerlin
Land Use Designation

Existing Zoning District


P-C (Planned Community)

P-C (Planned Community)

P-C (Planned Community)


C-1 (Limited
Commercial)
P-C (Planned Community)

YK

SUP-58487 [PRJ-58233]
Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Master Plan Areas


Summerlin
Special Purpose and Overlay Districts
P-C (Planned Community) District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
Y
Compliance
Y
Compliance
N/A
N/A
N/A
N/A

DEVELOPMENT STANDARDS

Street Name

Functional
Classification of
Street(s)

Lake Mead
Boulevard

Primary Arterial

Rampart Boulevard

Primary Arterial

Governing Document
Master Plan of Streets
and Highways
Master Plan of Streets
and Highways

Actual
Street Width
(Feet)

Compliance
with Street
Section

100

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
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Shopping
121,582 SF
1:250 SF
487
Center
487
638
Y
TOTAL SPACES REQUIRED
478
9
624
14
Y
Regular and Handicap Spaces Required

ANALYSIS
The applicant is requesting a Special Use Permit to add a Beer/Wine/Cooler On-Sale
Establishment use to an existing restaurant. The Beer/Wine/Cooler On-Sale Establishment use
will be ancillary to the existing restaurant. The justification letter indicates that the applicant is
only interested in serving beer and wine at customers tables and does not plan on having a bar in
the restaurant.

YK

SUP-58487 [PRJ-58233]
Staff Report Page Four
May 12, 2015 - Planning Commission Meeting
The Beer/Wine/Cooler On-Sale Establishment is defined as an establishment whose license to
sell alcoholic beverages is limited to the sale of beer, wine and coolers only for consumption on
the premises where the same is sold. The proposed use meets the definition as the applicant has
indicated in their justification letter that they only intend on selling beer and wine to customers
with a meal.
The proposed Beer/Wine/Cooler On-Sale Establishment adheres to the Special Use Permit
requirements. It has been determined by staff that the proposed Beer/Wine/Cooler On-Sale
Establishment can be conducted in a manner that is compatible with the surrounding land uses;
therefore, staff is recommending approval, with conditions.

FINDINGS (SUP-58487)
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 use is compatible with the Commercial Sun City Summerlin Land Use
designation and is located within an existing shopping center. The land use can be
conducted in a manner that is harmonious and compatible with the surrounding uses.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The proposed Beer/Wine/Cooler On-Sale Establishment use will operate within an
existing restaurant and will not intensify the impact of the current 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.
The site is accessed by Rampart Boulevard and Lake Mead Boulevard, both of which are
designated as 100-foot Primary Arterials by the Master Plan of Streets and Highways.
These streets provide adequate access to and from the subject property for 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.
Approval of this Beer/Wine/Cooler On-Sale Establishment will not compromise public
health, safety, or welfare, as the use will be subject to regular inspections.

YK

SUP-58487 [PRJ-58233]
Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

5.

The use meets all of the applicable conditions pursuant to the Summerlin
Development Standards.
The proposed Beer/Wine/Cooler On-Sale Establishment complies with the conditions
pursuant The Summerlin Development Standards.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

910

APPROVALS

PROTESTS

32

YK

SUP-58487

PRJ-58233
03/24/15

SUP-58487
05/12/15 PC

PRJ-58233
03/24/15

SUP-58487

SUP-58487

SUP-58487 [PRJ-58233] - SPECIAL USE PERMIT -APPLICANT: OMELET HOUSE SUMMERLIN - OWNER:
PATTON RAMPART, LLC
2227 NORTH RAMPART BOULEVARD
04/02/15

PRJ-58233
03/24/15

SUP-58487

Agenda Item No.: 18.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
SUP-58513 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
FREMONT LV BLVD, LLC - For possible action on a request for a Major Amendment to
Special Use Permit (SUP-50433) FOR A PROPOSED 1,376 SQUARE-FOOT EXPANSION TO
AN EXISTING 1,400 SQUARE-FOOT BEER/WINE/COOLER ON-SALE ESTABLISHMENT
USE WITHIN AN EXISTING RESTAURANT at 505 Fremont Street (APN 139-34-601-002),
C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-58388].
Staff recommends
APPROVAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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-58513 [PRJ-58388]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: FREMONT LV BLVD, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SUP-58513

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL, subject to conditions:

** CONDITIONS **

SUP-58513 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Beer/Wine/Cooler
On-Sale 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.

6.

This business shall operate in conformance to Chapter 6.50 of the City of Las Vegas
Municipal Code.

7.

All signage shall conform to the Las Vegas Boulevard Scenic Byway Overlay Standards.

JB

SUP-58513 [PRJ-58388]
Conditions Page Two
May 12, 2015 - Planning Commission Meeting

8.

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.

9.

All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.

JB

SUP-58513 [PRJ-58388]
Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Major Amendment to an approved Special Use Permit (SUP-50433) for a
proposed 1,376 square-foot expansion into a portion of the adjacent suite to an existing 1,400
square-foot beer/wine/cooler on-sale use within an existing restaurant at 505 Fremont Street. The
submitted site plans and floor plans do not show any proposed outdoor dining areas, nor has the
applicant requested as much. The restaurant has the required seating for 30 individual diners and
there are no protected uses within 400 feet of this proposal. As this request meets all the
minimum Special Use requirements and can be conducted in a compatible and harmonious
manner with surrounding land uses, staff recommends approval of this application. If denied, the
applicant will be allowed to continue the restaurant use but without the proposed Beer/
Wine/Cooler Off-Sale use.

ISSUES

The Beer/Wine/Cooler On-Sale use is permitted in the C-2 (General Commercial) zoning
district with the approval of a Special Use Permit.
Per Title 19.16.110(M)(2) the proposed 1,376 square-foot expansion to an existing 1,400
square-foot beer/wine/cooler on-sale use exceed the 50% threshold for a Minor Amendment
the approved Special Use Permit (SUP-50433) and must be processed as a Major
Amendment.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a request for a Special Use Permit (SUP-6143) for
04/20/05
a 3,040 square-foot Tavern-Limited Establishment at 111 South Las Vegas
Boulevard. The Planning Commission and staff recommended approval.
The City Council approved a request for a Special Use Permit (SUP-6944) for
08/17/06
a Tavern at 511 Fremont Street. The Planning Commission and staff
recommended approval.
The Downtown Entertainment Overlay District Design Review Team
approved a request for an exterior faade and signage project (ARC-9826) for
11/08/05
an existing 3,700 square-foot building located at 111 South Las Vegas
Boulevard.
The City Council approved a request for a Special Use Permit (SUP-10530)
02/15/06
for a Tavern-Limited Establishment at 111 South Las Vegas Boulevard. The
Planning Commission and staff recommended approval.
JB

SUP-58513 [PRJ-58388]
Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Related Relevant City Actions by P&D, Fire, Bldg., etc


The City Council approved a request for a Special Use Permit (SUP-10534)
for a Tavern-Limited Establishment at 501 and 503 Fremont Street. Planning
Commission and staff recommended approval.
The City Council approved a request for a Major Amendment (SUP-26246)
of an approved Special Use Permit (SUP-10534) to increase the square
03/19/08
footage from 5,235 square feet to 8,855 square feet of a Tavern-Limited
Establishment at 501 and 503 Fremont Street. Planning Commission and staff
recommended approval.
The Downtown Entertainment Overlay District Design Review Team
approved a request for a Major Modification (ARC-28881) to an approved
07/08/08
Master Sign Plan (ARC-9826) to allow a five-foot aerial encroachment for an
existing Tavern Limited Establishment at 111 South Las Vegas Boulevard.
The Planning Commission approved a request for a Special Use Permit (SUP06/24/10
38251) for a proposed 6,846 square-foot Tavern-Limited Establishment at 107
South Las Vegas Boulevard. Staff recommended approval.
The Downtown Entertainment Overlay District Design Review Team
07/13/10
approved a request for a Master Sign Plan review (ARC-38716) on an
existing retail building at 107 South Las Vegas Boulevard.
The City Council approved a request for a Special Use Permit (SUP-46294)
for a proposed 14,888 square-foot Tavern-Limited Establishment at 107 South
12/19/12
Las Vegas Boulevard. The Planning Commission and staff recommended
approval.
The City Council approved a request for a Special Use Permit (SUP-50433)
for a proposed Beer/Wine/Cooler On-Sale use within an existing Restaurant at
10/16/13
505 Fremont Street. The Planning Commission and staff recommended
approval.

Most Recent Change of Ownership


02/27/12
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A Code Enforcement case (#47281) was processed for speakers outside
10/23/06
playing loud music at 505 Fremont Street. The case was resolved on 01/31/07.
A Code Enforcement case (#102328) was processed for speakers outside
05/26/11
playing loud music at 505 Fremont Street. The case was resolved on 05/31/11.
A building permit (#280413) was processed for a tenant improvement
02/24/15
(Flippin Good Burgers) located at 505 Fremont Street. The permit has not
been finalized.

JB

SUP-58513 [PRJ-58388]
Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Pre-Application Meeting
A pre-application meeting was held with the applicant where staff discussed
the submittal requirements for a Major Amendment to an approved Special
03/17/15
Use Permit for a 1,376 square-foot addition to an existing Beer/Wine/Cooler
On-Sale use to an existing 1,400 square-foot Restaurant use at 505 Fremont
Avenue.

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

Field Check
04/02/15

Staff performed a routine field check and found that the front faade of the
subject tenant space was covered by plywood and had temporary banner sign
attached to it advertising Coming Soon.

Details of Application Request


Site Area
Net Acres
0.45

Surrounding
Property
Subject Property
North
South
East

Existing Land Use


Per Title 19.12

Planned or Special
Land Use Designation

Restaurant

C (Commercial)

Tavern-Limited
Establishment
Office, Other Than
Listed
Tavern-Limited
Establishment
(Proposed)

C (Commercial)
C (Commercial)
C (Commercial)

Tavern

C (Commercial)

Restaurant

C (Commercial)

West

Existing Zoning District


C-2 (General
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)

JB

SUP-58513 [PRJ-58388]
Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

Master Plan Areas


Downtown Centennial Plan
Special Purpose and Overlay Districts
Downtown Centennial Plan Overlay Fremont East District
A-O (Airport Overlay) District (200 Feet)
Downtown Entertainment Overlay District
Live/Work Overlay District
Las Vegas Boulevard Scenic Byway Overlay District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
Y
Compliance
Y
Y
Y
Y
Y
Compliance
N/A
Y
N/A
N/A

DEVELOPMENT STANDARDS

Street Name

Functional
Classification of
Street(s)

Governing Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Fremont Street

Major Collector

Master Plan of Streets


and Highways

80

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement - Downtown
Base Parking Requirement
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
2,776SF
1:50 SF of
(1,097 SF
seating
indoor seating area plus
Restaurant
31
with 1,679 SF 1:200 of
gross
remaining
remaining)
floor area
31
0
N*
TOTAL SPACES REQUIRED
29
2
0
0
N*
Regular and Handicap Spaces Required
*Projects located within the Las Vegas Downtown Centennial Plan area are not subject to the
automatic application of parking requirements. However, the above table should be used to illustrate
the requirements of an analogous project in another location in the City.

JB

SUP-58513 [PRJ-58388]
Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

ANALYSIS
This is a request for a Major Amendment to approved Special Use Permit (SUP-50433) for a
proposed 1,376 square-foot expansion into a portion of the adjacent suite to an existing 1,400
square-foot beer/wine/cooler on-sale use within an existing restaurant at 505 Fremont Street.
The Beer/Wine/Cooler On-Sale use is defined by Title 19.18 as: An establishment whose
license to sell alcoholic beverage is limited to the sale of beer, wine and coolers for consumption
only in connection with a meal on the premises where the same is sold, and is operated in
connection with a restaurant in which 30 or more people may be served with meals at any one
time at tables or stools.
The proposed use meets the definition, as the provided floor plan shows an approximate 2,776
square-foot restaurant with seating for up to 54 persons at a time. Beer, wine, and wine coolers
would be sold only with meals for consumption on the premises.
The Minimum Special Use Permit Requirements for this use include:
1. Except as otherwise provided, no beer/wine/cooler on-sale establishment with
(hereinafter establishment) shall be located within 400 feet of any church, synagogue,
school, child care facility licensed for more than 12 children, or City park.
The proposed use meets this requirement, as there are no protected uses within 400 feet
of the subject property.
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
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 meets this requirement, as there are no protected uses within 400 feet
of the subject property.

JB

SUP-58513 [PRJ-58388]
Staff Report Page Six
May 12, 2015 - Planning Commission Meeting

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.
This requirement does not apply to the proposed use, as the parcel on which it is
proposed 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.
This requirement does not apply to the proposed use, as no distance separation waiver is
necessary.
5. The minimum distance requirements in Requirement 1 do not apply to:
a. An establishment 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; or
b. A proposed establishment having more than 50,000 square feet of retail floor
space.
Neither of the above conditions applies to the proposed use.
*6. All businesses which sell alcoholic beverages shall conform to the provision of
LVMC Chapter 6.50.
The proposed use will meet this requirement, as it is a condition of approval of the
Special Use Permit.

JB

SUP-58513 [PRJ-58388]
Staff Report Page Seven
May 12, 2015 - Planning Commission Meeting

The proposed use meets all Minimum Special Use Permit Requirements, is complementary to the
proposed 2,776 square-foot restaurant use, and will add to the variety of commercial uses and
other existing retail establishments found surrounding the site. Alcoholic beverages are only to
be served in conjunction with meals within the existing restaurants designated seating area.
There is no request for any outdoor dining areas or encroachment. No additional parking
required beyond that which is required for the principal use on the site.
This project was routed to outside agencies for comments. The Las Vegas Valley Water District
(LVVWD) responded with the following comment, This parcel is currently served by
LVVWD. Civil and plumbing plans will need to be submitted to LVVWD for domestic meter
sizing and fire flow availability.
Staff recommends approval of this request, as the proposed use is harmonious and compatible
with the existing restaurant use and the surrounding uses located within the Downtown
Entertainment Overlay District and the Fremont East District. If denied, the applicant would be
allowed to continue operating the Restaurant use but without the addition of the
Beer/Wine/Cooler On-Sale use.

FINDINGS (SUP-58513)
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 On-Sale Establishment use is located in the Downtown
Centennial Plan - Fremont East District and the Downtown Entertainment Overlay District
and is compatible with the surrounding land uses. No waiver of minimum distance
separation requirements from protected uses is required.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The proposed use will operate within a proposed 2,776 square-foot restaurant located
along the south side of Fremont Street with nearby on-street and garage parking provided.
The proposed use will not increase parking demands of the existing site beyond that
required of the existing restaurant.

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.

JB

SUP-58513 [PRJ-58388]
Staff Report Page Eight
May 12, 2015 - Planning Commission Meeting

Site access is provided from Fremont Street, an 80-foot Major Collector as designated in
the Master Plan of Streets and Highways, which is sufficient in size to accommodate the
needs of the proposed use. The parking standards of Title 19 are not automatically applied
for proposals within the Downtown Centennial Plan; however, the applicant anticipates
utilizing two nearby public parking garages and on-street parking meters to satisfy the
developments parking demand. Staff finds that a sufficient amount of available parking is
located within a one-block radius of this proposal.
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 proposed Beer/Wine/Cooler On-Sale Establishment use meets all distance separation
requirements per Title 19.12. Conditions of approval ensure conformance with all other
minimum requirements for this use.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

224

APPROVALS

PROTESTS

37

JB

SUP-58513

PRJ-58388
03/30/15

SUP-58513
05/12/15 PC

PRJ-58388
03/30/15

SUP-58513

A
A

A
A

AA

SUP-58513

A
A

A
A

AA

SUP-58513 [PRJ-58388] - SPECIAL USE PERMIT -APPLICANT/OWNER: FREMONT LV BLVD, LLC


505 FREMONT STREET
04/02/15

TODD KESSLER
261 Las Vegas Blvd. North Suite 110

Las Vegas, NV 89101

March 24, 2015

Tom Perrigo
City of Las Vegas
Planning & Development
333 So. Rancho Dr
Las Vegas, Nevada 89101
Re:

JUSTIFICATION LETTER
SUP APN 139-34-601-002; 505 Fremont Street Suite: Beer and Wine Onsale Special

Use Permit

Dear Mr. Perrigo:


Please accept this as our official justification letter for an SUP fo r proposed Beer and Wine
Onsale Establishment. The Application is for MAJOR AMENDMENT TO A PREVIOUSLY

APPROVED SUP FOR A PROPOSED 2,776 SQUARE FOOT BEER AND WINE ONSALE
ESTABLISHMENT IN AN EXISTING BUILDING at 505 E Fremont Street, Las Vegas,

Nevada 89101 zoned C-2 (General Commercial).


This entitlement will be a total of 2,776 square feet of interior space, including 1,097 square feet

of seating area and 1,679 square feet of back of house operation for Flippin Good Burgers. The

previous entitlement (SUP-50433) covered 1,480 square feet for beer and wine onsale of the

previous restaurant operation at this location, thus we are requesting a major amendment to this

SUP given it is greater than 50% increase in total square footage.


This new proposed beer and wine onsale establishment will allow Downtown visitors and

residents a new place to dine and socialize with a proven Las Vegas restaurant operator. This use

is harmonious and compatible with surrounding land uses and will add to the pedestrian-friendly

environment in the Downtown neighborhood.


If you have any questions and/or concerns, please do not hesitate to contact me.
Sincerely,

Todd Kessler

PRJ-58388
03/30/15

SUP-58513

Agenda Item No.: 19.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
SUP-58537 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: JUDY
AND BRIAN ALBISER LIVING TRUST 2005 - For possible action on a request for a Special
Use Permit FOR A GAMING ESTABLISHMENT, GENERAL BUSINESS-RELATED USE
WITHIN AN EXISTING 2,000 SQUARE-FOOT GENERAL RETAIL STORE, OTHER THAN
LISTED at 1201 Stewart Avenue, Suite #3 (APN 139-35-211-073), C-2 (General Commercial)
Zone, Ward 5 (Barlow) [PRJ-58503]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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
6. Support Postcard

SUP-58537 [PRJ-58503]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: JUDY AND BRIAN ALBISER LIVING
TRUST 2005

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SUP-58537

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL, subject to conditions:

** CONDITIONS **

SUP-58537 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Gaming
Establishment, General Business Related 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.

All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.

JB

SUP-58537 [PRJ-58503]
Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
This is a request for a Special Use Permit for a proposed Gaming Establishment, General
Business-Related use to be located within an existing 2,000 square-foot General Retail Store,
Other Than Listed (convenience store) use at 1201 Stewart Avenue, Suite #3. The applicant has
indicated that the proposed Gaming Establishment, General Business-Related use will take place
in a 150 square-foot area on the retail floor adjacent to the entrance to the tenant space and is
limited to four machines. As this request meets all the minimum Special Use requirements and
can be conducted in a compatible and harmonious manner within the existing general retail store,
staff recommends approval of this application. If denied, the applicant will not be allowed to
conduct the Gaming Establishment, General Business-Related use at this location.

ISSUES

The Gaming Establishment, General Business-Related use is permitted in the C-2 (General
Commercial) zoning district with the approval of a Special Use Permit.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved Rezoning (Z-0096-63) request from R-4 (High
06/13/63
Density Residential) to C-2 (General Commercial) at 1201 Stewart Avenue.
The Planning Commission and staff recommended approval.
The City Council denied a Special Use Permit (SUP-41278) request for a
07/20/11
Bailbond Service use at 1201 Stewart Avenue. The Planning Commission
recommended denial of the request on 06/14/11.
The City Council approved a Withdrawal Without Prejudice request of a
Special Use Permit (SUP-55012) for a Beer/Wine/Cooler On-Sale
12/17/14
Establishment at 1201 Stewart Avenue, Suite #3. The Planning Commission
recommended denial of the request on 10/14/14.

Most Recent Change of Ownership


07/22/05
A deed was recorded for a change in ownership.

JB

SUP-58537 [PRJ-58503]
Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Related Building Permits/Business Licenses


1964
The building was constructed.
A building permit (#3000689) was issued for a tenant improvement and
01/14/03
certificate of completion (Albiser) at 1201 Stewart Avenue, Suite #3. The
permit was finalized on 04/01/03.
A business license (C05-02900) was issued for Tobacco Dealer (B Sirs
Market) at 1201 Stewart Avenue, Suite #3. The license is still active.
01/21/14
A business license (C15-00431) was issued for a Convenience Store (B Sirs
Market) at 1201 Stewart Avenue, Suite #3. The license is still active.
A building permit (#267698) was issued for a tenant improvement (B Sirs
08/26/14
Market) at 1201 Stewart Avenue, Suite #3. The permit was finalized on
09/08/14.
Pre-Application Meeting
A pre-application meeting was conducted with the applicant to go over the
03/24/15
application materials and submittal requirements for a Special Use Permit for
a proposed Gaming Establishment, General Business-Related use.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one conducted.
Field Check
04/02/15

A routine field check was conducted by staff and found a well maintained
commercial development.

Details of Application Request


Site Area
Net Acres
0.49
Surrounding
Property
Subject Property

North
South
East

Existing Land Use


Per Title 19.12
General Retail Store,
Other Than Listed
Social Service
Provider
Social Service
Provider
General Retail Store,
Other Than Listed
General Retail Store,
Other Than Listed

Planned or Special
Land Use Designation

Existing Zoning District

MXU (Mixed Use)

C-2 (General
Commercial)

MXU (Mixed Use)


MXU (Mixed Use)
MXU (Mixed Use)

C-1 (Limited
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)

JB

SUP-58537 [PRJ-58503]
Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Surrounding
Property
West

Existing Land Use


Per Title 19.12
Office, Other than
Listed
Multi-Family
Residential

Planned or Special
Land Use Designation

Existing Zoning District

MXU (Mixed Use)

C-2 (General
Commercial)
R-4 (High Density
Residential)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
Live/Work Overlay District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
Compliance
Y
Compliance
N/A
Y
N/A
N/A

DEVELOPMENT STANDARDS

Street Name

Functional
Classification of
Street(s)

Maryland Parkway

Major Collector

Stewart Avenue

Major Collector

Governing Document
Master Plan of Streets
and Highways
Master Plan of Streets
and Highways

Actual
Street Width
(Feet)

Compliance
with Street
Section

80 Feet

80 Feet

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
General Retail
Store, Other
6,000 SF
1:175
35
Than listed
Social Service
1,000 SF
1:300
4
Provider
31*
31
Y*
TOTAL SPACES REQUIRED
29*
2*
29
2
Y*
Regular and Handicap Spaces Required
*Site is parking impaired as detailed in Title 19.18.030 (D)
JB

SUP-58537 [PRJ-58503]
Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

ANALYSIS
This application is for a Gaming Establishment, General Business-Related use within an existing
2,000 square-foot General Retail Store, Other Than Listed (convenience store) use located 1201
Stewart Avenue, Suite #3. The subject tenant space is located within a retail center, which will
provide shared parking and access throughout the parking impaired 0.49-acre site. The proposed
use is permissible in the C-2 (General Commercial) zoning district with approval of a Special
Use Permit.
The Gaming Establishment, General Business-Related use is defined in Title 19.18 as: 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. For purposes of the Special Use Permit
requirements of this Title, this use does not include a location that has obtained and maintains
current licensing and zoning approvals to sell alcoholic beverages. There are no Minimum
Special Use Permit Requirements for this use. This use is permitted in the C-2 (General
Commercial) zoning district with an approved Special Use Permit. The applicant has indicated
that the proposed Gaming Establishment, General Business-Related use will take place in a 150
square-foot area on the retail floor adjacent to the entrance to the tenant space and is limited to
four machines. No additional parking is required for this use, as it is ancillary to the existing
primary use of General Retail Store, Other Than Listed.
According to the submitted justification letter and floor plan, the proposed use meets the
definition outlined above. The proposed Gaming Establishment, General Business-Related use
adheres to all minimum special use permit requirements as outlined by Title 19.12.
This project was routed to outside agencies for comments. The Las Vegas Valley Water District
(LVVWD) responded with the following comment, This parcel is currently served by LVVWD
but does not have the required backflow prevention per NAC 445A.67195. Installation of a
backflow prevention assembly is required.
It has been determined that the proposed Gaming Establishment, General Business-Related use
can be conducted in a manner that is compatible with the surrounding land uses, therefore, staff
is recommending approval, as the use is considered appropriate for the surrounding area.

FINDINGS (SUP-58537)
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.

JB

SUP-58537 [PRJ-58503]
Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

The subject location consists of an in-line retail center. This use and other retail uses are
generally located in strip malls throughout the valley. The proposed Gaming
Establishment, General Business-Related use will be ancillary to the existing General
Retail Store, Other Than Listed (convenience store). Staff has determined that the
proposed use will be compatible with the surrounding land uses and can be conducted in a
manner that is harmonious with surrounding land uses.
2.

The subject site is physically suitable for the type and intensity of land use proposed.
The 7,000 square-foot retail building is designed to accommodate a variety of retail and
office uses. This site has adequate parking for all uses, and the proposed use does not
generate the need for any additional parking spaces.

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 not change. Vehicles may enter the property from Stewart Avenue
and Maryland Parkway; both are classified as 80-foot Major Collector Streets 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.

5.

The use meets all of the applicable conditions per Title 19.12.
There are no Minimum Special Use Permit Requirements listed in Title 19.12 for the
proposed Gaming Establishment, General Business-Related use.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED


NOTICES MAILED

147

APPROVALS

PROTESTS

38

JB

SUP-58537

PRJ-58503
03/25/15

SUP-58537
05/12/15 PC

PRJ-58503
03/25/15

PRJ-58503
03/25/15

SUP-58537

PRJ-58503
03/25/15

SUP-58537

SUP-58537 [PRJ-58503] - SPECIAL USE PERMIT -APPLICANT/OWNER: JUDY AND BRIAN ALBISER
LIVING TRUST 2005
1201 STEWART AVENUE, SUITE #3
04/02/15

SUP-58537 - REVISED

Agenda Item No.: 20.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
SUP-58547 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: HARVEST &
LARDER, LLC - OWNER: PROVIEW SERIES 21, LLC - For possible action on a request for a
Special Use Permit FOR A PROPOSED URBAN LOUNGE USE WITHIN A PROPOSED
4,687 SQUARE-FOOT RESTAURANT WITH 654 SQUARE FEET OF OUTDOOR SEATING
AREA at 1130 South Casino Center Boulevard (APN 162-03-110-069), C-1 (Limited
Commercial) Zone, Ward 3 (Coffin) [PRJ-58492]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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. Support Postcards

SUP-58547 [PRJ-58492]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: HARVEST & LARDER, LLC OWNER:
PROVIEW SERIES 21, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SUP-58547

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL, subject to conditions:

** CONDITIONS **

SUP-58547 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for an Urban Lounge
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.

An encroachment agreement is required for the outdoor seating located within the right-ofway along California Street.

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.

GK

SUP-58547 [PRJ-58492]
Conditions Page Two
May 12, 2015 - 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.

GK

SUP-58547 [PRJ-58492]
Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting a Special Use Permit for a proposed Urban Lounge use within a
proposed restaurant located at 1130 South Casino Center Boulevard. The subject site is located
within the 18b The Las Vegas Arts District. The restaurant and Urban Lounge uses would
occupy 4,687 square feet of interior space and utilize an additional 654 square feet of outdoor
seating area. The proposed Urban Lounge use is consistent with Title 19 and meets the primary
goal of the 18b The Las Vegas Arts District to, Promote the arts in general, as well as the
enhancement of existing business, while encouraging new pedestrian oriented commercial,
professional, and residential growth within the neighborhood. This request is compatible with
the other restaurant, retail, office and Urban Lounge uses located within the surrounding
community. Therefore, staff recommends approval of this request. If denied, the applicant will
not be allowed to operate the Urban Lounge use at this location.

ISSUES

The Urban Lounge use is permitted with the approval of a Special Use Permit in the C-1
(Limited Commercial) zoning districts within the 18b The Las Vegas Arts District.
The 20 seats at the bar area and the 112 seats provided in the dining, lounge and patio areas
meet the required 2:1 ratio of lounge seats to bar seats.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a General Plan Amendment (GPA-2497) to
amend the city of Las Vegas Downtown Development Map of the Las Vegas
Redevelopment Plan from (M) Industrial to (C) Commercial and (MXU)
10/01/03
Mixed Use for properties bounded by Charleston Boulevard to the north,
Third Street to the east, Commerce Street to the west and Colorado Street to
the south. Planning Commission and staff recommended approval.

Most Recent Change of Ownership


05/01/13
A deed was recorded for a change in ownership.

GK

SUP-58547 [PRJ-58492]
Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Related Building Permits/Business Licenses


c. 1954
The existing 8,400 square-foot commercial building was constructed.
A building permit (#234039) was issued to rehab the interior and exterior of
04/18/13
the existing building. The building permit has not received a final inspection.
A building permit (#253671) was issued to install a fire alarm at 1130 South
09/17/14
Casino Center Boulevard. The permit received a final inspection on 02/24/15.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the submittal
03/26/15
requirements for a proposed Urban Lounge use.

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

Field Check
04/02/15

Staff conducted a routine field check and noted a vacant commercial space on
the ground level and an existing apartment complex on the second level. The
existing building was kept in good condition, free of trash, debris and graffiti.

Details of Application Request


Site Area
Gross Acres
0.33

Surrounding
Property

Existing Land Use


Per Title 19.12
General Retail
Multi-Family
Residential

Planned or Special
Land Use Designation

Existing Zoning District

MXU (Mixed Use)

C-1 (Limited
Commercial)

North

Parking Lot

MXU (Mixed Use)

South

Undeveloped

MXU (Mixed Use)

East

General Retail

MXU (Mixed Use)

West

General Retail

C (Commercial)

Subject Property

C-1 (Limited
Commercial)
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)
C-M
(Commercial/Industrial)

GK

SUP-58547 [PRJ-58492]
Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Master Plan Areas


Downtown Centennial Plan
Special Purpose and Overlay Districts
Downtown Centennial Plan Overlay District 18b The Las Vegas Arts District
Live/Work Overlay District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
Y
Compliance
Y
Y
Compliance
N/A
Y
N/A
N/A

DEVELOPMENT STANDARDS

Street Name

Functional
Classification of
Street(s)

Casino Center
Boulevard

Major Collector

California Street

Local Street

Governing Document
Master Plan of Streets
and Highways
Master Plan of Streets
and Highways

Actual
Street Width
(Feet)

Compliance
with Street
Section

80

70

Parking Requirement - Downtown


Base Parking Requirement
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
General Retail 3,600 SF
1:175 SF
21
3,259 SF
1:50 SF
66
Seating Area
Restaurant
2,082 SF
Remaining
1:200 SF
11
GFA
Multi-Family
13 Units
1 per Unit
13
Residential
111
0
Y*
TOTAL SPACES REQUIRED
106
5
0
0
Y*
Regular and Handicap Spaces Required
*Projects located within the Las Vegas Downtown Centennial Plan area are not subject to the
automatic application of parking requirements. However, the above table should be used to illustrate
the requirements of an analogous project in another location in the City. The requested Urban
Lounge use does not require additional parking beyond what is required for the principal use on the
site.
GK

SUP-58547 [PRJ-58492]
Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

ANALYSIS
The Urban Lounge use is described by Title 19.12 as, An establishment that is licensed for the
sale of alcoholic beverages for consumption on the premises where the same are sold, and 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; and meets the Minimum
Special Use Permit Requirements set forth below.
The Minimum Special Use Permit Requirements for this use include:
1. The use is limited to the area located within the boundaries of the Las Vegas Arts
District, as described in the Downtown Centennial Plan and as amended from time to
time.
The proposed use meets this requirement, as the subject site is located in the center of the
18b The Las Vegas Arts District.
2. For each seat provided at the bar of the establishment, there must be a minimum of two
seats within a lounge area located away from the bar.
The proposed use meets this requirement, as the provided floor plans show a bar area
with 20 seats and 112 seats provided in the remaining dining, lounge and patio areas.
3. The use is subject to the provisions of LVMC Chapter 6.40 relating to gaming and
LVMC Chapter 6.50 relating to liquor control.
The proposed use will meet this requirement by condition of approval.
The proposed use meets the definition, as the submitted justification letter, date stamped
03/26/15, details the sale of alcoholic beverages in conjunction with a restaurant. The subject site
is located within the Las Vegas Downtown Centennial Plan boundaries, and is located in the 18b
The Las Vegas Arts District. This district is intended to accommodate a wide variety of
commercial and residential uses within a dense, urban environment with its own unique design
standards. The proposed Urban Lounge use and restaurant would locate on the ground floor of an
existing two-story building. The remaining 3,600 square-feet of ground floor space is utilized for
general retail. The second level consists of a 13-unit multi-family residential use.
The proposed Urban Lounge use adheres to the Minimum Special Use Permit requirements by
operating within the boundaries of the Las Vegas 18b The Arts District and providing a ratio of
at least two seats in the lounge area for every seat provided at the bar. According to the

GK

SUP-58547 [PRJ-58492]
Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

submitted floor plan, date stamped 03/26/15; the proposed Urban Lounge use would occupy
4,687 square feet of interior space and provide an additional 654 square feet of outdoor dining
area within patio and sidewalk seating areas. The floor plan indicates 20 seats to be provided at
the bar area and more than 112 seats within the remaining dining, lounge and patio areas.
The parking standards of Title 19 are not automatically applied for proposals within the
Downtown Centennial Plan; however, the applicant anticipates utilizing nearby public parkinglots and on-street parking meters to satisfy the developments parking demand. In addition, the
site has excellent access to the Bus Rapid Transit (BRT) route to the east, which will assist in
reducing the number of vehicle trips generated by the development.
The proposed Urban Lounge use is consistent with Title 19 and meets the primary goal of the
18b The Las Vegas Arts District to, Promote the arts in general, as well as the enhancement of
existing business, while encouraging new pedestrian oriented commercial, professional, and
residential growth within the neighborhood. The proposed project is consistent with the goals
and objectives of the Downtown Centennial Plan, as well as the Minimum Special Use Permit
requirements as outlined by Title 19.12. Therefore, staff recommends approval of the Special
Use Permit for an Urban Lounge use.

FINDINGS (SUP-58547)
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 location for the Urban Lounge use is compatible with the surrounding land
uses and supports the goals of the Downtown Centennial Plan and the 18b The Las Vegas
Arts District by providing pedestrian-oriented commercial growth and aesthetic
enhancements to the property.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The proposed Urban Lounge use will operate in conjunction with a proposed restaurant.
The Urban Lounge use will be in addition to the restaurant and will have a negligible
increase in traffic and parking to the existing 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.

GK

SUP-58547 [PRJ-58492]
Staff Report Page Six
May 12, 2015 - Planning Commission Meeting

The principal vehicular access point for the subject site is Casino Center Boulevard, an 80foot wide Major Collector and California Street, a 70-foot wide Local Street, as classified
by the Master Plan of Streets and Highways. Both streets are sufficient in size to
accommodate the needs of the proposed use. The parking standards of Title 19 are not
automatically applied for proposals within the Downtown Centennial Plan; however, the
applicant anticipates utilizing nearby public parking-lots and on-street parking meters to
satisfy the developments parking demand. In addition, the site has excellent access to the
Bus Rapid Transit (BRT) route to the east, which will assist in reducing the number of
vehicle trips generated by the development.
4.

Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
The proposed Urban Lounge use will be subject to regular inspections by regulatory
agencies for business licensing and will therefore not compromise the publics health,
safety and general welfare, or overall objectives of the General Plan.

5.

The use meets all of the applicable conditions per Title 19.12.
The proposed use meets all applicable conditions for an Urban Lounge use per Title 19.12
and the Downtown Centennial Plan.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

225

APPROVALS

PROTESTS

32

GK

SUP-58547

PRJ-58492
03/26/15

SUP-58547
05/12/15 PC

PRJ-58492
03/26/15

SUP-58547

AAA

AA

SUP-58547 [PRJ-58492] - SPECIAL USE PERMIT -APPLICANT: HARVEST & LARDER, LLC - OWNER:
PROVIEW SERIES 21, LLC
1130 SOUTH CASINO CENTER BOULEVARD
04/02/15

March 24, 2015

City of Las Vegas

Department of Planning

333 N. Rancho Drive

Las Vegas, NV 89106

Re: Harvest & Larder, LLC Justification Letter

Dear Department of Planning:

We, Harvest & Larder, LLC, are applying for a Special Use Permit with the City of Las Vegas for

the creation of two (2) food and beverage concepts within 4,520 square feet and outdoor

seating, to be located at 1130 S. Casino Center Blvd.; which are Harvest & Larder, a full service

restaurant and Grazing Pig Charcuterie, serving charcuterie and sandwiches. We are also

applying for an Urban Lounge License with the desire to create a dining destination at the

corner of S. Casino Center Blvd. and California St., within the 18b Arts District, further adding to

the positive change in that area. We, Executive Chef/Founder, Brian Howard and Managing

Partner/Founder, Corey Nyman, will be at the restaurants on a daily basis working in the

kitchen and on the floor, respectively.

Harvest & Larder, focusing upon Seasonal American Cuisine, will be open for Lunch, Brunch and

Dinner, serving a full menu from 11:00am until 2:00am while Grazing Pig Charcuterie will be

open from 11:00am until 7:00pm, serving charcuterie (meats & cheeses), sandwiches and

custom butcher cuts. Our hope is to employ at least 35 staff members, potentially up to 50;

providing jobs and positions to talented culinarians and food & beverage professionals.

As both of us have been in Las Vegas for over 14 years each, working in various restaurants on

the Strip and around the Valley, we believe it is time to give back to the city that has become

our adopted hometown and given us so much. We believe that those who live in the

surrounding area and city overall are desiring the restaurant concepts that we are hoping to

bring to the Arts District. We want to create a place where diners are welcome, feel good

HARVEST & LARDER

7604 Brisk Ocean Avenue Las Vegas, Nevada 89178

PRJ-58492

Tel.: 702.466.0987 & 702.985.6617 Website: www.GrazingPigFoodGroup.com

03/26/15

SUP-58547

about the food they are eating, adding another positive element to the neighborhood and

complimenting those around us.

Our goal is to do something positive for our city and through food & beverage, we believe this is

the best way. Please feel free to contact us with any questions or comments.

Sincerely,

Corey T. Nyman

Nyman & Brian Howard


Corey T. Nyman & Brian Howard

SUP-58547
PRJ-58492
03/26/15

Agenda Item No.: 21.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
SUP-58568 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: C-A-L RANCH
STORES - OWNER: D & W, INC. - For possible action on a request for a Special Use Permit
FOR A PROPOSED LIQUEFIED PETROLEUM GAS INSTALLATION (OVER 288
GALLONS) USE at 232 North Jones Boulevard (APN 138-25-404-004), C-1 (Limited
Commercial) Zone, Ward 1 (Tarkanian) [PRJ-58428]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

SUP-58568 [PRJ-58428]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: C-A-L RANCH STORES - OWNER: D & W, INC.

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SUP-58568

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL, subject to conditions:

** CONDITIONS **

SUP-58568 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Liquefied
Petroleum Gas Installation (Over 288 Gallons) 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.

5.

All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.

YK

SUP-58568 [PRJ-58428]
Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is applying for a Special Use Permit for a Liquefied Petroleum Gas Installation
(Over 288 Gallons) use in an existing shopping center at 232 North Jones Boulevard. The
installation will be located in the southeast center of the parking lot, in front of and in
conjunction with an existing Building & Landscape Material/Lumber Yard use. The proposal
meets all requirements for such a use therefore; staff is recommending approval with conditions.
If denied, the Liquefied Petroleum Gas Installation (Over 288 Gallons) use would not be allowed
at this location.

ISSUES

A Special Use Permit is required for a Liquefied Petroleum Gas Installation (Over 288
Gallons) use in a C-1 (Limited Commercial) district. Staff recommends approval.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Board of City Commissioners approved a Rezoning (Z-0014-62) from R1 (Single Family Residence) to C-1 (Limited Commercial) on 21.44 acres at
03/28/62
the northeast corner of Jones Boulevard and Fremont Street [U.S. 95] as part
of a larger request. The Planning Commission and staff recommended
approval.
The Planning Commission approved a Tentative Map (TMP-47474) for a one01/08/13
lot commercial subdivision of an existing shopping center site on 14.53 acres
at 240 North Jones Boulevard. Staff recommended approval.
The City Council approved a Special Use Permit (SUP-48168) for a proposed
19,000 square-foot Building & Landscape Material/ Lumber Yard Use at 232
04/17/13
North Jones Boulevard. The Planning Commission and staff recommended
approval.

Most Recent Change of Ownership


10/01/13
A deed was recorded for a change in ownership.

YK

SUP-58568 [PRJ-58428]
Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Related Building Permits/Business Licenses


A Building Permit (#216313) was issued for a Tenant Improvement at 232
10/11/12
North Jones Boulevard. The permit was finalized on 02/06/13.
A Building Permit (#226201) was issued for a fence at 232 North Jones
12/18/12
Boulevard. The permit was finalized on 02/06/13.
A Business License (S14-00857) for Retail Sales was issued at 232 North
02/06/13
Jones Boulevard. The license is active.
A Business License (F03-00101) for a Pistol Permit was issued at 232 North
06/20/13
Jones Boulevard. The license is active.
Pre-Application Meeting
Staff met with the applicant and reviewed the request for a large propane gas
03/19/15
tank to be installed in the parking lot of an existing shopping center. No
major issues were noted.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
04/02/15

Staff visited the site and found a well maintained shopping center.

Details of Application Request


Site Area
Net Acres
11.77
Surrounding
Property
Subject Property
North
South
East
West

Existing Land Use


Per Title 19.12
Shopping Center
Single-Family,
Attached
Right-of-Way (US
95)
Multi-Family
Residential
Single-Family,
Detached

Planned or Special
Land Use Designation
SC (Service
Commercial)
M (Medium Density
Residential)

Existing Zoning District


C-1 (Limited
Commercial)
R-PD13 (Residential
Planned Development
13 Units per Acre)

Right-of-Way (US 95)

Right-of-Way (US 95)

M (Medium Density
Residential)
L (Low Density
Residential)

R-4 (High Density


Residential)
R-1 (Single Family
Residential)

YK

SUP-58568 [PRJ-58428]
Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
A-O (Airport Overlay) District (140 Feet)
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
Compliance
Y
Compliance
Y
N/A
N/A
N/A

DEVELOPMENT STANDARDS

Street Name
Jones Boulevard

Functional
Classification of
Street(s)
Secondary
Collector

Governing Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Master Plan of Streets


and Highways

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
Shopping
134,794 SF
1/250 SF
540
Center
540
558
Y
TOTAL SPACES REQUIRED
529
11
537
21
Y
Regular and Handicap Spaces Required
Loading
134,794
3 plus 1
4
8
Y
Spaces

ANALYSIS
The applicant is proposing to add a Liquefied Petroleum Gas Installation (Over 288 Gallons) use
to an existing Building & Landscape Material/Lumber Yard business located within a shopping
center. The proposed use is located on the southeast central portion of the shopping centers
parking lot.

YK

SUP-58568 [PRJ-58428]
Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

The Liquefied Petroleum Gas Installation (Over 288 Gallons) use is defined as 1. Which
includes tanks, piping or gas equipment (or any combination thereof); 2. Is used or intended to be
used for the storage, dispensing or other utilization of liquefied petroleum gas; and 3. Whose
tanks have an aggregate water capacity of more than 288 gallons, unless the tanks are part of an
installation in a mobile home park or similar multiple-unit installation whose units are served by
individual tanks, the tanks are not interconnected, and each individual tank has a water capacity
of less than 125 gallons. The proposed use meets the definition as outlined in the applicants
justification letter.
The Minimum Special Use Permit Requirements for this use include:
1. This use is permitted in accordance with the applicable zoning district requirements if the

installation complies with the provisions of NRS 590.465 et seq.


This use is permitted in the C-1 (Limited Commercial) zoning district with an approved
Special Use Permit.
2. Any installation which was made nonconforming by the adoption of the standards of this

Title regarding liquefied petroleum gas installations is subject to the expansion and
discontinuance provisions set forth in LVMC Chapter 19.14.
This condition does not apply to this site.
The applicant would like to offer this service to their customers. They have proposed the
location to be as close to the front door of the store as code permits. This will make it easily
accessible for both employees and customers who want to utilize the service. The tank will be
protected with bollards.
The installation of the tank will remove five parking spaces from the shopping center. Since the
shopping center is over parked per code by 18 spaces, no adverse impact is expected. Staff has
directed the applicant to relocate the handicap parking space as close to the one that will be
removed for this project as possible. The applicant has complied with this request.

FINDINGS (SUP-58568)
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.

YK

SUP-58568 [PRJ-58428]
Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

The proposed Liquefied Petroleum Gas Installation (Over 288 Gallons) use is located
within a shopping center that can accommodate a variety of uses including retail sales,
medical and professional offices, personal services, and restaurants. The addition of a
Liquefied Petroleum Gas Installation (Over 288 Gallons) use within this shopping center is
compatible with the existing and future land uses as specified by the SC (Service
Commercial) General Plan designation.
2.

The subject site is physically suitable for the type and intensity of land use proposed.
The proposed site is a shopping center that was designed to accommodate a variety of
uses, including a Liquefied Petroleum Gas Installation (Over 288 Gallons) use, and
conforms to both the General Plan and Title 19 land use designations of the site with the
approval of a Special Use Permit.

3.

Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
The proposed Liquefied Petroleum Gas Installation (Over 288 Gallons) use is located
within a shopping center that is adequately served by Jones Boulevard, an 80-foot
Secondary Collector, as designated 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.
The approval of the Special Use Permit at this site will not be inconsistent with or
comprise the public health, safety or welfare, as a Liquefied Petroleum Gas Installation
(Over 288 Gallons) use is subject to licensing and inspections by the City of Las Vegas.
The proposed use is consistent with the existing SC (Service Commercial) General Plan
designation.

5.

The use meets all of the applicable conditions per Title 19.12.
The site meets all applicable conditions per Title 19.12 for a Liquefied Petroleum Gas
Installation (Over 288 Gallons) use. The use conforms to Title 19 as conditioned.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

34

596

YK

SUP-58568 [PRJ-58428]
Staff Report Page Six
May 12, 2015 - Planning Commission Meeting

APPROVALS

PROTESTS

YK

SUP-58568

PRJ-58428
03/30/15

SUP-58568
05/12/15 PC

PRJ-58428
03/30/15

SUP-58568 & SDR-58569

SUP-58568 [PRJ-58428] - SPECIAL USE PERMIT RELATED TO SDR-58569 -APPLICANT: C-A-L RANCH
STORES - OWNER: D & W, INC.
232 NORTH JONES BOULEVARD
04/02/15

MEMO 01:

JUSTIFICATION LETTER

Project Name: Cal Ranch Store

Date: 02FEB15

Location:

Page:

Type:

232 N. Jones, Las Vegas, NV

Conference

Teleconference

Project #:

15021413.00

Architect Phase:

1 of 1

03

Research Report Other:

APN # 138-25-416-005
Request: The request is for a Site Development Plan Review to allow a new 499 gallon LPG tank and
dispenser to be installed.
Project Name: Cal Ranch Store @ 232 N. Jones
Project Description: The subject property, APN 138-25-416-005, is approximately 11.77 acres and

located at the north east corner of N. Jones and I-95. The site is a shopping center and owned by D &
W, Inc. At the east end of the shopping center is a Cal Ranch Store.
The project consists of the installation of a 499 gallon LPG tank and one new dispensing pump with 16
protective concrete filled bollards at the middle of the property.
Sustainability;

Yes

No

Will this project participate in the City of Las Vegas Green Building Program?

Will this project be constructed to LEED or other equivalent standards?

Will this project utilize alternative energy sources or water savings measures?

Is there connectivity to adjacent parcels? (Connectivity by Public Sidewalks)

Will the proposed project qualify as a walkable community (for residential & mixed use)?

Is the project using any means of sustainable construction?

Will the project provide any bicycle parking?

Will the project provide any electric vehicle charging stations?

The project at this time is not requesting any zone change, or variances and is compatible with adjacent

developments. The proposed work is also consistent with the General plan, CLV standards and Title
19.
We look forward to presenting you with a safe and valuable use that will improve the quality of cab
service in Clark County and benefit our tourist market.

Distribution:

Fax:

eMail:

Signed by:

Name: Mark Labaj


Title: Job Captain
Last printed: 26-Mar-15 2:25 PM

Mail
Deliver
Fax

Please reply
No Reply Necessary Unless Exception Taken
Email

V:\2014 Projects\15021404.00 - TROP STOP @ 4885 W. Tropicana Avenue\04 - Memos

Reviewed By:
Project Files
Account Files

H.R.M. Files
Other:

Copyright 2015 GGWStudios

PRJ-58428
03/30/15

SUP-58568 & SDR-58569

Agenda Item No.: 22.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 15
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
DIR-58577 - DIRECTORS BUSINESS - To receive a presentation on the status of the
Charleston Corridor Plan. Staff has NO RECOMMENDATION.
NO ACTION
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff has NO RECOMMENDATION
BACKUP DOCUMENTATION:
None

Agenda Item No.: 23.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
DIR-58929 - DIRECTOR'S BUSINESS - To receive a presentation on the status of the Las
Vegas Medical District Facilities Master Plan. Staff has NO RECOMMENDATION.
NO ACTION
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff has NO RECOMMENDATION
BACKUP DOCUMENTATION:
None

Agenda Item No.: 24.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
ABEYANCE - SUP-57330 - SPECIAL USE PERMIT - PUBLIC HEARING APPLICANT/OWNER: HOMELESS HELPERS - For possible action on a request for a Special
Use Permit FOR AN ALTERNATIVE PARKING STANDARD TO ALLOW FOUR PARKING
SPACES WHERE 16 SPACES ARE REQUIRED FOR A PROPOSED SOCIAL SERVICE
PROVIDER USE at 200 Foremaster Lane (APN 139-27-504-002), C-2 (General Commercial)
Zone, Ward 5 (Barlow) [PRJ-56939]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - SUP-57330 and SUP-57331 [PRJ-56939]
2. Conditions and Staff Report - SUP-57330 and SUP-57331 [PRJ-56939]
3. Supporting Documentation - SUP-57330 and SUP-57331 [PRJ-56939]
4. Photo(s) - SUP-57330 and SUP-57331 [PRJ-56939]
5. Justification Letter - SUP-57330 and SUP-57331 [PRJ-56939]
6. Protest Postcards and Support Letter - SUP-57330 and SUP-57331

SUP-57330 and SUP-57331 [PRJ-56939]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: HOMELESS HELPERS

** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-57330
SUP-57331

RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:

REQUIRED FOR
APPROVAL

SUP-57330

** CONDITIONS **

SUP-57330 CONDITIONS
Planning
1.

The alternative parking demand analysis date stamped 12/24/14 is hereby approved. The
alternative parking standard is valid for the duration of the Social Service Provider use at
the site. The alternative parking standard shall expire, when this use ceases to operate on
the site.

2.

To allow 4 parking spaces, where 16 parking spaces are required for a Social Service
Provider use is hereby approved.

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.

YK

SUP-57330 and SUP-57331 [PRJ-56939]


Conditions Page Two
May 12, 2015 - Planning Commission Meeting

SUP-57331 CONDITIONS
Planning
1.

All signage shall be permitted and meet minimum code requirements within 30 days of
final approval.

2.

Approval of and conformance to the Conditions of Approval for Special Use Permit (SUP57330) 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.

No meals are to be served at the subject site.

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.

6.

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.

7.

All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.

YK

SUP-57330 and SUP-57331 [PRJ-56939]


Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is proposing to locate a Social Service Provider use for homeless veterans within
an existing 4,713 square-foot commercial building at 200 Foremaster Lane. The use is
permissible in the C-2 (General Commercial) zone by means of a Special Use Permit; however,
the proposal does not comply with the minimum parking requirements, as well as with the goals
of the Downtown North Land Use Plan. The Downtown North Land Use Plan recommends that
no new or expanded services for the homeless be located in the area.
The applicant is also requesting relief from the parking requirement via a Special Use Permit for
an Alternative Parking Standard to allow four parking spaces where 16 are required. However,
since the project is not in compliance with the Downtown North Land Use Plan, staff
recommends denial on both applications. If denied, the proposed Social Service Provider use
could not be located on the site.

ISSUES

A Special Use Permit is required for an Alternative Parking Standard to allow four
parking spaces, where a minimum of 16 parking spaces is required. Staff does not
support this request as the project does not support the goals and objectives of the
Downtown North Land Use Plan.
A Special Use Permit is required to allow for a Social Service Provider use in a C-2
(General Commercial) zone. Staff does not support this project as the request does not
support the goals and objectives of the Downtown North Land Use Plan.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
No related actions are on file for this parcel.

Most Recent Change of Ownership


08/15/14
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


CC. 1963
A building was constructed on the site.

YK

SUP-57330 and SUP-57331 [PRJ-56939]


Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Pre-Application Meeting
Staff met with the applicant and advised that the Downtown North Land Use
Plan strongly recommends against any additional homeless social service
11/20/14
providers be located in the area. Two Special Use Permits would be needed:
Social Service Provider and for an Alternative Parking Plan.

Neighborhood Meeting
A voluntary community meeting was held from 4 p.m. to 6 p.m.
Attendees: 4 Applicants 3 CLV staff (including CM Barlow) 2
METRO Officers 28 Members of the Public

02/24/15

Potential Issues
*Applicant mentioned that someone will be living on-site as a
caretaker for the facility*
o Councilman Barlow had concerns with this due to building and
safety/zoning codes.
*The applicant mentioned that the facility may be used by other
agencies for drug and alcohol counseling. They also indicated that the
subject property currently has a 2,000 square-foot area built-out as a
church; they indicated that they would allow neighborhood churches
to use the facility during the weekends.
o These are different land uses which are not indicated in the
Justification Letter submitted by the applicant.
Constituents Concerns
Concerns were raised over the handling of loitering homeless in the
area by the Metro Police
A representative for Palm Mortuary expressed concerned about the
spillover effects this proposed use will have on surrounding
businesses.
o Expressed concerns about people previously distributing food
and services in their parking lot or on the right-of-way in front
of their property blocking their ingress/egress, disrupting their
business and damaging property.
Concerns were raised about what an alternative parking analysis is and
why it was requested with this proposal.
The applicant explained that it was similar to a parking Variance and
Code requirements for the proposed use allows for this type of
application to address the parking needs of the project.

YK

SUP-57330 and SUP-57331 [PRJ-56939]


Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Field Check
01/06/15

Staff visited the site and found a vacant building with a fence surrounding the
property. It appeared as if the property was being cleaned at the time.

Details of Application Request


Site Area
Net Acres
0.24

Surrounding
Property
Subject Property

Existing Land Use


Per Title 19.12
Vacant

South
East

Social Service
Provider (Homeless
Shelter)
Crematory
Crematory

West

Retail

North

Planned or Special
Land Use Designation
GC (General
Commercial)

Existing Zoning District


C-2 (General
Commercial)

GC (General
Commercial)

C-2 (General
Commercial)

PF (Public Facilities)
PF (Public Facilities)
GC (General
Commercial)

C-V (Civic)
C-V (Civic)
C-2 (General
Commercial)

Master Plan Areas


Downtown North Land Use Plan
Special Purpose and Overlay Districts
A-O (Airport Overlay) District 200-Feet
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N
Compliance
Y
Compliance
N/A
N/A
N/A
N/A

DEVELOPMENT STANDARDS

Street Name
Foremaster Lane

Functional
Classification of
Street(s)
Local

Governing Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Planned Streets and


Highways Map

60

YK

SUP-57330 and SUP-57331 [PRJ-56939]


Staff Report Page Four
May 12, 2015 - 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
Social Service
4,713 SF
1/300 SF
16
Provider
16
4
N
TOTAL SPACES REQUIRED
15
1
3
1
N
Regular and Handicap Spaces Required
Loading
1
1
Y
Spaces
Percent Deviation
75%
N*
*A Special Use Permit for an Alternative Parking Standard has been applied for.

ANALYSIS
The subject property is located within the boundaries of the Downtown North Land Use
boundaries, and has a General Commercial (GC) land use designation. The C-2 (General
Commercial) designation allows a Social Service Provider use, as proposed.
The Social Service Provider use is defined as A facility that provides assistance to persons with
limited ability for self-care, but for whom medical care is not a major element. This use includes
a facility that provides assistance concerning psychological problems, employment, learning
disabilities or physical disabilities, but does not include a rescue mission, homeless shelter or an
adult day care center. The proposed use meets the definition per the justification letter,
specifically, The CARE center will provide specialized crisis intervention services to United
States Veterans through its partnership with Veterans Village, Downtown Las Vegas. There
are no minimum requirements for the proposed use.
However, the Downtown North Land Use Plans Social Services Section does not support such
uses. Specifically, it states, However, in order to have a more equitable distribution of services,
the city will work to prevent the expansion or the addition of any new facility that services the
homeless within this area. Staff recommends denial of the project in order to support and
comply with the adopted Downtown North Land Use Plan.
The applicant has provided an Alternative Parking Demand Analysis that was prepared by a
Nevada licensed Professional Engineer. Within the analysis an alternative parking standard was
proposed based on observations of a similar facility located within one-half mile of the proposed
site. A parking ration of 0.829 stalls per 1000 square feet was established. Based on this

YK

SUP-57330 and SUP-57331 [PRJ-56939]


Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

standard, the proposed 4,713 Social Service Provider use would only require four parking stalls.
This is the number that the applicant is providing with this request. Since the proposed use is not
in conformance with the Downtown North Land Use Plan the alternative parking standard cannot
be supported and staff therefore recommends denial.

FINDINGS (SUP-57330)
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.
This project is not compatible with the Downtown North Land Use Plan and therefore, is
not appropriate for the area.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
Although the proposed use is appropriate for the commercial site, the proposal cannot
adhere to minimum parking requirements as outlined by Title 19.12. The submitted
parking demand analysis substantiates a reduced number of parking spaces required and
therefore, the intensity of land use is acceptable.

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 by Foremaster Lane, a 60-foot wide local street. This is adequate to
meet the use proposed for the site.

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 the Special Use Permit will not compromise the public health safety and
general welfare. 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.
Aside from the parking deviation that is requested with this application, all other
requirements of Title 19.12 are being met.

YK

SUP-57330 and SUP-57331 [PRJ-56939]


Staff Report Page Six
May 12, 2015 - Planning Commission Meeting

FINDINGS (SUP-57331)
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.
This area of the city is saturated with Social Service Provider uses as determined by City
Council when they modified the Downtown North Land Use Plan to not allow additional
Social Service Provider uses to be located in the area. The Social Service Provider use is
not consistent with the General Plan Land Use designation as outlined by the Downtown
North Land Use Plan.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The subject site is generally adequate for the use proposed for the site. The facility will
require the approval of an Alternative Parking Standard, as the property does not comply
with the parking requirements listed in Title 19.12.

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 by Foremaster Lane, a 60-foot wide local street. This is adequate to
meet the use proposed for the site.

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 the Special Use Permit will not compromise the public health safety and
general welfare. 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.
There are no additional conditions per Title 19.12 for a Social Service Provider.

YK

SUP-57330 and SUP-57331 [PRJ-56939]


Staff Report Page Seven
May 12, 2015 - Planning Commission Meeting

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

48

APPROVALS

PROTESTS

17

YK

SUP-57330

PRJ-56939
12/24/14

CLV Planning - Application Form


Application Number:

PRJ-56939

Application/Petition For:

SUP for Social Service and one for Alternative parking standards

ProjectAddress (Location):

200 FOREMASTER LANE

Project Name

CARE

Assessors Parcel #(s):

13927504002

Ward #:

WARD 5 (RICKI Y. BARLOW)

Is the Application Information


Correct:

Yes

If no, ...change what


General Plan Designation: Proposed: Select
Zoning District: Proposed:

Select

Gross Acres:

1.0

Lots/Units:

N/A

Additional Information:

N/A

Applicant First Name:

Homeless

Applicant Last Name:

Helpers

Applicant Address:

200 Foremaster Lane

Applicant City:

Las Vegas

Applicant State:

Nevada

Applicant Zip:

89101

Applicant Phone:

(702) 624-5792

Applicant Fax:

(702) 243-2377

Applicant Email:

arnoldstalk@gmail.com

Rep First Name:

Arnold

Rep Last Name:

Stalk PhD

Rep Address:

840 South Rancho Drive Suite #4

Rep City:

Las Vegas

Rep State:

Nevada

Rep Zip:

89106

Rep Phone:

(702) 624-5792

Rep Fax:

(702) 243-2377

Rep Email:

arnoldstalk@gmail.com

SUP-57330 and SUP-57331


12/29/2014 12:11:26 PM

Page 1 of 2

CLV Planning - Application Form


I certify that I am the applicant and
that the information submitted with
this application is true and accurate
to the best of my knowledge and
belief. I understand that the City is
not responsible for inaccuracies in
information presented, and that
inaccuracies, false information or
incomplete application may cause
the application to be rejected. I
further certify that I am the owner
or purchaser (or option holder) of
the property involved in this
application, or the lessee or agent
fully authorized by the owner to
make this submission.
I Accept:

Yes

Is the Owner Information Correct:

Yes

If no, ...change what

Owner(s)

ADDR1

ADDR2

HOMELESS HELPERS

1924 WENDELL AVE

LAS VEGAS, NV 89101

CLVEPLAN Applicant

Company

Title

Email

Arnold Stalk

Arnold Stalk PhD

Development Consultant

arnoldstalk@gmail.com

SUP-57330 and SUP-57331

12/29/2014 12:11:26 PM

Page 2 of 2

SUP-57330 and SUP-57331

12/24/14

PRJ-56939

SUP-57330 and SUP-57331

12/24/14

PRJ-56939

SUP-57330 and SUP-57331

12/24/14

PRJ-56939

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Rev: 05/31/2012

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SUP-57330 and SUP-57331

364.02

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USE THIS SCALE(FEET) WHEN MAP REDUCED FROM 11 X17 ORIGINAL

U.P.R.R.

BOOK

ROAD PARCEL NUMBER

PARCEL BOUNDARY

CONDOMINIUM UNIT
001

SUB BOUNDARY

001
PARCEL NUMER

AIR SPACE PCL

PM/LD BOUNDARY

ACREAGE

1.00

RIGHT OF WAY PCL

ROAD EASEMENT
PARCEL SUB/SEQ NUMBER

SUB-SURFACE PCL

MATCH / LEADER LINE

PLAT RECORDING NUMBER

PB 24-45

HISTORIC LOT LINE


HISTORIC SUB BOUNDARY

BLOCK NUMBER

HISTORIC PM/LD BOUNDARY


5
LOT NUMBER

SECTION LINE

GL5
GOV. LOT NUMBER

6 8.

96

NOTES

INTERSTATE ROUTE 15

1 4 0

0
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2.

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35

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100

56.31

ASSESSOR'S PARCELS - CLARK CO., NV.


Michele W. Shafe - Assessor

25

50

6.4

15

11

9
.

This map is compiled from official records, including surveys and deeds,

but only contains the information required for assessment. See the

recorded d ocuments for more detailed legal information.

5.

2.4

15

25
0

50

9.9

9
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7
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MAP
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No liability is assumed for the accuracy of the data d eliniated herein.

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6 1

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LAS VEGAS BLVD NORTH

This map is for assessment use only and does NOT represent a survey.

172.72
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88
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SUP-57330 and SUP-57331

PRJ-56939
12/24/14

SUP-57330 and SUP-57331


PRJ-56939
12/24/14

SUP-57330 and SUP-57331


PRJ-56939
12/24/14

SUP-57330 and SUP-57331


PRJ-56939
12/24/14

SUP-57330 [PRJ-56939] - SPECIAL USE PERMIT RELATED TO SUP-57331 - APPLICANT/OWNER:


HOMELESS HELPERS
200 FOREMASTER LANE
01/06/15

PRJ-56939

SUP-57330 and SUP-57331

12/24/14

SUP-57330 and SUP-57331

PRJ-56939
12/24/14

PRJ-56939

SUP-57330 and SUP-57331

12/24/14

City of Las Vc'gns


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Planning Comrnissian Meeting of 2/10015

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sup-s7330 & suP-57331 [PRI-569391
Planning Commission Meeting of 2ll,l?.,AL

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Agenda Item No.: 25.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
ABEYANCE - SUP-57331 - SPECIAL USE PERMIT RELATED TO SUP-57330 - PUBLIC
HEARING - APPLICANT/OWNER: HOMELESS HELPERS - For possible action on a request
for a Special Use Permit FOR A PROPOSED SOCIAL SERVICE PROVIDER at 200
Foremaster Lane (APN 139-27-504-002), C-2 (General Commercial) Zone, Ward 5 (Barlow)
[PRJ-56939]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

SUP-57331

PRJ-56939
12/24/14

Agenda Item No.: 26.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
ABEYANCE - RENOTIFICATION - VAR-58121 - VARIANCE - PUBLIC HEARING APPLICANT/OWNER: HAND PROPERTY HOLDING COMPANY - For possible action on a
request for a Variance TO ALLOW 404 PARKING SPACES WHERE 473 SPACES ARE
REQUIRED FOR A PROPOSED 228-UNIT MULTI-FAMILY RESIDENTIAL
DEVELOPMENT at 501 North Lamb Boulevard (APN 140-31-501-021), R-3 (Medium Density
Residential) Zone, Ward 3 (Coffin) [PRJ-58035]. Staff recommends DENIAL. NOTE: THIS
APPLICATION HAS BEEN AMENDED TO ALLOW 380 PARKING SPACES WHERE 473
SPACES ARE REQUIRED.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ58035]
2. Conditions and Staff Report - VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ58035]
3. Supporting Documentation - VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ58035]
4. Photo(s) - VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]
5. Justification Letter - VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]
6. Protest and Support Postcards - VAR-58121 and VAR-58122 [PRJ-58035]

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: HAND PROPERTY HOLDING
COMPANY

** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-58121
VAR-58122
VAR-58123
SDR-58124

RECOMMENDATION
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:

REQUIRED FOR
APPROVAL

DENIAL, if approved subject to


DENIAL, if approved subject to
DENIAL, if approved subject to
DENIAL, if approved subject to

VAR-58121
VAR-58122
VAR-58123

** CONDITIONS **

VAR-58121 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-58124) shall be required, if approved.

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.
YK

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]


Conditions Page Two
May 12, 2015 - Planning Commission Meeting

VAR-58122 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-58124) shall be required, if approved.

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.

VAR-58123 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-58124) shall be required, if approved.

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.
YK

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]


Conditions Page Three
May 12, 2015 - Planning Commission Meeting

SDR-58124 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Variances (VAR-58121,


VAR-58122 and VAR-58123) shall be required, if approved.

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, date stamped and landscape
plans, date stamped 04/20/15 and floor plans and building elevations, date stamped
02/25/15 & 03/17/15.

4.

A Waiver from Title 19.06.110 is hereby approved, to allow a five-foot wide perimeter
landscape buffer width along the west, north and south perimeters, where a minimum of six
feet is required.

5.

An Exception from Title 19.06.040 is hereby approved, to allow 59 perimeter shade trees,
where 153 are required.

6.

An Exception from Title 19.08.110 is hereby approved, to allow 19 parking lot shade trees,
where 38 are required.

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.

These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.

9.

The minimum distance between buildings shall be 10 feet.

10.

A technical landscape plan, signed and sealed by a Registered Architect, Landscape


Architect, Residential Designer or Civil Engineer, must be submitted prior to or at the same
time application is made for a building permit. A permanent underground sprinkler system
is required, and shall be permanently maintained in a satisfactory manner; the landscape
plan shall include irrigation specifications. Installed landscaping shall not impede visibility
of any traffic control device.

YK

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]


Conditions Page Four
May 12, 2015 - Planning Commission Meeting

11.

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.

12.

A Comprehensive Construction Staging Plan shall be submitted to the Department of


Planning for review and approval prior to the issuance of any building permits. The
Construction Staging Plan shall include the following information: Design and location of
construction trailer(s); design and location of construction fencing; all proposed temporary
construction signage; location of materials staging area; and the location and design of
parking for all construction workers.

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.

In accordance with code requirements of Title 13.56, remove all substandard offsite
improvements and unused driveway cuts, if any, and replace with new improvements
meeting Current City Standards concurrent with development of this site.

16.

Provide a copy of a recorded Joint Access Agreement or Emergency Access easement


between this parcel and Assessor's Parcel Number #140-31-501-017 for the proposed crash
gate on the north side of this site prior to the issuance of any permits.

17.

Contact the City Engineers Office at 702-229-6272 to coordinate the development of this
project with the Cedar Avenue Storm Drain Channel project and any other public
improvement projects adjacent to this site. Comply with the recommendations of the City
Engineer.

18.

Extend the existing median/left turn pocket in Lamb Boulevard to create a right-in right-out
driveway to this site unless left-turn movements are specifically allowed by the City Traffic
Engineer in the approved Traffic Impact Analysis.

19.

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

YK

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]


Conditions Page Five
May 12, 2015 - Planning Commission Meeting

20.

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.

21.

A 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, submittal of any
construction drawings or the recordation of a Map subdividing this site, whichever may
occur first. Comply with the recommendations of the approved Traffic Impact Analysis
prior to occupancy of the site. The Traffic Impact Analysis shall also include a section
addressing Standard Drawings #234.1 #234.2 and #234.3 to determine additional right-ofway requirements for bus turnouts adjacent to this site, if any; dedicate all areas
recommended by the approved Traffic Impact Analysis. All additional rights-of-way
required by Standard Drawing #201.1 for exclusive right turn lanes and dual left turn lanes
shall be dedicated prior to or concurrent with the commencement of on-site development
activities unless specifically noted as not required in the approved Traffic Impact Analysis.
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.

22.

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.

YK

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]


Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is proposing a 228-unit multi-family apartment development for low-income
residents on a 12.59 acre site at 501 North Lamb Boulevard. The use is appropriate for the area
and could be designed to meet all City of Las Vegas development requirements. However, the
applicant is choosing not to develop the project to code. This is reflected in the numerous
Variances, Waivers and Exceptions that the applicant is requesting. All of these are self-imposed
hardships and are not necessary for this project to be successfully completed to code. Staff
recommends denial of these applications and of the project as a whole, since the applicant has
the code permitted flexibility to design the project at the proposed density to meet all code
requirements. If denied, no permits would be issued for the project until an approved Site
Development Plan Review was approved.
ISSUES

A Variance is required to allow 404 parking spaces, where 473 spaces are required for a
proposed multi-family residential development. Staff does not support this request.
A Variance is required to allow a seven-foot tall front yard fence, where five feet is the
maximum allowed for a proposed multi-family residential development. Staff does not
support this request.
A Variance is required to allow no wheel stops in the parking lot where such are required
when adjacent to a sidewalk less than seven feet in width. Staff does not support this
request.
A Waiver is required to allow a five-foot wide landscape buffer where six feet is required
along the west, north and south perimeters. Staff does not support this request.
An Exception is required to provide 59 perimeter landscape buffer trees, where 153 are
required. Staff does not support the request.
An Exception is required to provide 19 parking lot landscape trees, where 38 are required.
Staff does not support the request.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Board of Commissioners approved a request for Rezoning (Z-0140-63)
11/20/63
from R-E (Residence Estates) to C-1 (Limited Commercial) on this site.
The City Council approved a Site Development Plan Review [Z-0140-63(1)]
for a proposed 43,055 square-foot office building on this site. The Planning
07/05/00
Commission recommended approval on 05/25/2000. The City Councils
approval expired July 5, 2002.

YK

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]


Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Related Relevant City Actions by P&D, Fire, Bldg., etc


A Minor Site Development Plan Review (SDR-2809) was approved by staff
08/15/03
for two Modular Office Buildings at 501 North Lamb Boulevard.
The property owner was cited by Code Enforcement (Case #94274) for
violation of Condition #1 of Site Development Plan Review (SDR-2809),
09/09/10
which required that a new Site Development Plan Review be submitted after
two years from final date of approval.
The Planning Commission approved a Site Development Plan Review (SDR40119) for two existing 1,400 square-foot modular office buildings with a
12/16/10
waiver to allow a perimeter landscape buffer width of zero feet along a
portion of the north perimeter where eight feet is required on 12.59 acres at
501 North Lamb Boulevard. Staff recommended denial.
The City Council approved a General Plan Amendment (GPA-57254) from
SC (Service Commercial) to M (Medium Density Residential) on 12.59 acres
located at 501 North Lamb Boulevard. The Planning Commission and staff
recommended approval.
02/18/15
The City Council approved a Rezoning (ZON-57255) from C-1 (Limited
Commercial) to R-3 (Medium Density Residential) on 12.59 acres located at
501 North Lamb Boulevard.
The Planning Commission and staff
recommended approval.
The Planning Commission held VAR-58121, VAR-58122, VAR-58123 and
SDR-58124 in abeyance to the May, 12, 2015 Planning Commission at the
04/14/15
applicants request in order to re-notify the cases as the Variance for the
number of parking spaces was incorrect.
Most Recent Change of Ownership
10/17/07
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
cc. 1965
A Union Hall structure was completed.
Pre-Application Meeting
Staff met with the applicant twice in order to work with them to design a
project within City of Las Vegas Code requirements. Staff provided the
02/10/15 &
applicant with design alternatives that would allow the number of units
02/19/15
requested to be developed meeting all code requirements. The applicant is
choosing to voluntarily not comply with code requirements. Staff strongly
encouraged the applicant to reconsider their development strategy.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.

YK

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]


Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Field Check
03/05/15

Staff visited the site and found a vacant Union Hall on the site. The property
was clean and secured.

Details of Application Request


Site Area
Net Acres
12.59
Surrounding
Property
Subject Property
North
South
East
West

Existing Land Use


Per Title 19.12
Private Club, Lodge
or Fraternal
Organization
Multi-Family
Residential
School
Church/House of
Worship
Private Club, Lodge
or Fraternal
Organization

Planned or Special
Land Use Designation

Existing Zoning District

SC (Service
Commercial)

C-1 (Limited
Commercial)

M (Medium Density
Residential)
SC (Service
Commercial)
ML (Medium Low
Density Residential)

R-3 (Medium Density


Residential)
C-1 (Limited
Commercial)
R-E (Residence Estates)

SC (Service
Commercial)

C-1 (Limited
Commercial)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
No Applicable Special Purpose or Overlay Districts
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
Compliance
N/A
Compliance
Y
N/A
N/A
N/A

DEVELOPMENT STANDARDS
Pursuant to Title 19.06.110, the following standards apply:
Standard
Required/Allowed
Min. Lot Size
6,500 SF

Provided
548,420 SF

Compliance
Y

YK

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]


Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

Standard
Min. Setbacks
Front
Side
Corner
Rear
Min. Distance Between
Buildings
Max. Building Height
Trash Enclosure
Mech. Equipment

Required/Allowed

Provided

Compliance

10 Feet
5 Feet
5 Feet
20 Feet

20 Feet
20 Feet
N/A
21 Feet

Y
Y
N/A
Y

10 Feet
55 Feet
Screened, Gated, w/ a
Roof or Trellis
Screened

15 Feet
31 Feet
Screened, Gated, w/ a
Roof or Trellis
Screened

Y
Y

Pursuant to Title 19.06.110, the following standards apply:


Landscaping and Open Space Standards
Required
Standards
Ratio
Trees
Buffer Trees:
North
1 Tree / 20 Linear Feet
62 Trees
South
1 Tree / 20 Linear Feet
65 Trees
East
1 Tree / 30 Linear Feet
11 Trees
1 Tree / 20 Linear Feet
15 Trees
West
TOTAL PERIMETER TREES
153 Trees
1 Tree / 6 Uncovered
Parking Area Trees
Spaces, plus 1 tree at the
38 Trees
end of each row of spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
6 Feet
South
6 Feet
East
15 Feet
6 Feet
West
Wall Height
6 to 8 Feet Adjacent to Residential
*Variance is required for the front yard fence to exceed 5 feet in height.

Y
Y

Provided

Compliance

2 Trees
32 Trees
6 Trees
6 Trees
46 Trees

N
N
N
N
N

32 Trees

5 Feet
6 Feet
20 Feet
6 Feet
7 Feet

N
Y
Y
Y
Y*

Compliance
with Street
Section
Y

Street Name

Functional
Classification of
Street(s)

Governing Document

Actual
Street Width
(Feet)

Lamb Boulevard

Primary Arterial

Planned Streets and


Highways Map

100

YK

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]


Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

Streetscape
Standards

Required

Provided

Compliance

Three-foot wide amenity zone


Zero-foot wide amenity zone
N*
Five-foot wide sidewalk
Five-foot wide sidewalk
Y
*The applicant is not meeting Complete Street standards for a Primary Arterial Street. However,
the Director of Public Works is authorized to allow for deviations to match existing, adjacent
streetscape standards and has done so in this case.
Title 19.04

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
Multi-Family,
Attached 21/1.75 Per
84 Units
147
Bedroom
Unit
Units
Multi-Family,
Attached 3 &
1/2.00 Per
144 Units
288
4 - Bedroom
Unit
Units
1/6 Per
Guest Parking
38
Units
473
404
N
TOTAL SPACES REQUIRED
464
9
393
11
N
Regular and Handicap Spaces Required
Percent Deviation Variance
14.5%
N
Waivers
Requirement
To provide a six-foot wide
landscape perimeter buffer
along the north, west and south
perimeters.

Request
To allow a five-foot wide
landscape buffer where six-foot is
required along the north, west and
south perimeters.

Exceptions
Requirement
To provide a total of 153 perimeter
landscape buffer trees.
To provide 38 parking lot landscape
trees.

Request
To provide 59 perimeter
landscape buffer trees.
To provide 19 parking lot
landscape trees.

Staff Recommendation
Denial

Staff Recommendation
Denial
Denial

YK

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]


Staff Report Page Six
May 12, 2015 - Planning Commission Meeting

ANALYSIS
The M (Medium Density Residential) land use designation of the Las Vegas Master Plan allows
for a variety of multi-family units such as plexes, townhouses, and low-density apartments up to
25.49 units per acre. At 18-units per acre, this project falls well within this requirement and the
corresponding R-3 (Medium Density Residential) zoning and is an appropriate density for the
site.
However, this project does not support the City of Las Vegas 2020 Master Plan Neighborhood
Revitalization Goal 2: Mature neighborhoods will be sustained and improved through
appropriate and selective high quality redevelopment and preservation. Specifically, Objective
2.1: To focus residential reinvestment on transitional sites within the central city area at densities
that support mass transit usage; Policy 2.1.2: That development on vacant or underutilized lots
within existing residential neighborhoods be sensitive in use and design to surrounding
development. As well as, Objective 2.2: To ensure that low density residential land uses within
mature neighborhoods can exist in close proximity to higher density residential, mixed-use, or
non-residential land uses by mitigating adverse impacts where feasible; via Policy 2.2.1: That
any higher density or mixed-use redevelopment, 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.
The reduction of the perimeter landscape buffer width and substantially reduced number of trees
and shrubs do not contribute to appropriate design, transition or buffering elements required for
this type of development in a redevelopment area where single-family residential neighborhoods
are nearby. These reductions are reflected in the requested Waiver and Exceptions applied for.
In addition, the Variance requested to allow a seven-foot high fence along the front yard will
contribute to a fort-like environment, as opposed to an inviting residential community
environment, if approved. Staff does not support this request since it is self-imposed and will not
contribute to an appropriate design transition for the area.
The development code allows for an applicant to not install required parking lot wheel stops as
long as a seven-foot wide side walk is provided when adjacent to parking lots. The applicant is
requesting a Variance to not install the parking lot wheel stops. As proposed, request is selfimposed and can create a negative impact within the pedestrian realm, which may result in
Public Safety issues. Staff does not support this request. The seven-foot wide side walk is for
safety purposes to allow for larger vehicles to overhang the sidewalk and still provide adequate
sidewalk width to allow for safe pedestrian travel along the sidewalk without being impeded by
such vehicle overhangs if wheel stops are not provided.
The third Variance requested is to allow for a 14.5 percent reduction in the number of parking
spaces required for a 228-unit multi-family development. The applicants justification is that the
low income residents being targeted with this development cannot afford to own private vehicles
and therefore, the applicant should not need to provide the code required number of parking
spaces. Staff does not concur with this reasoning and does not support this request.
YK

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]


Staff Report Page Seven
May 12, 2015 - Planning Commission Meeting
The development offers future residents a 6,900 square-foot recreation building, swimming pool,
small turf area and large dog run to utilize. There is also a multi-use non-equestrian trail
adjacent to the development on the south for residence use. However, the project offers no direct
connective to the trail. Residents will be required to walk out to Lamb Boulevard in order to
access this public recreational amenity. Staff recommended the applicant provide a direct
connection to the trail, but the applicant declined citing security concerns. This paved trail is
fully developed and follows the Las Vegas Wash footprint.
Although the applicant could build up to five-story buildings, they are choosing to keep the
height to three-stories. This is primarily due to the need to install elevators if they go higher than
three-stories. The elevation of the buildings reflects a contemporary stucco aesthetic. The
primary color pallet is Desert Gray, Center Ridge and Sand Dollar for the stucco areas of the
buildings with the fascia being Black Walnut and the doors being Buffalo Herd tints. The roof
will have Newport Sun colored tiles to complete the aesthetic. Six of the ten residential
buildings will have handicap accessible units.
This project was submitted to outside agencies for comment. The Las Vegas Valley Water
District (LVVWD) responded as follows: This 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
required backflow prevention.
This project is expected to add about 1,596 trips per day on to Lamb Boulevard. Currently,
Lamb Boulevard is at 65 percent of capacity. Completion of this project will raise the capacity
to 68 percent. Based on peak hour use, this project will add about 149 trips or five trips every
two minutes. No adverse traffic impacts are expected with completion of this development.
The site is laid out with one ingress/egress drive aisle directly off of Lamb Boulevard. A 220foot long driveway with seventeen parking spaces divided on either side is provided before a
controlled entry gate for residence is encountered. This allows for adequate stacking at the gate
and for visits to arrive and park without impeding the traffic flow into and out of the
development. A crash gate is located along the north perimeter for a secondary emergency
access use. An emergency cross access agreement is conditioned to be recorded with the
adjacent property owner to the north. Parking is provided evenly throughout the development
off a circular driveway and connecting aisles. A majority of the provided parking spaces are
covered with a little over 12 percent comprising compact parking spaces in size.
Although developing additional housing opportunities for low income residents is a much needed
option in the East Las Vegas community, developing below the minimum code standards is not
appropriate. Staff worked with the applicant by proposing several alternatives to the design that
would allow the development to maintain the density required and to meet all code requirements
without the need for any Variances, Waivers or Exceptions. The applicant thanked staff for the
suggestions, but are choosing to move forward with a development that doesnt meet minimum
code standards. Staff is recommending denial of all applications as the proposed development
fails to meet code requirements that could otherwise be met through alternative site design.
YK

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]


Staff Report Page Eight
May 12, 2015 - Planning Commission Meeting

FINDINGS (VAR-58121)
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.

Permit a use in a zoning district in which the use is not allowed;


Vary any minimum spacing requirement between uses;
Relieve a hardship which is solely personal, self-created or financial in nature.

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
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 provide fewer parking spaces than code
requirements. An alternative is to provide all the required parking spaces 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-58122)
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.

Permit a use in a zoning district in which the use is not allowed;


Vary any minimum spacing requirement between uses;
Relieve a hardship which is solely personal, self-created or financial in nature.

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of

YK

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]


Staff Report Page Nine
May 12, 2015 - Planning Commission Meeting

the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
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 a seven-foot tall front yard fence. An
alternative would be to provide a code allowed five-foot tall fence 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-58123)
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.

Permit a use in a zoning district in which the use is not allowed;


Vary any minimum spacing requirement between uses;
Relieve a hardship which is solely personal, self-created or financial in nature.

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
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 not installing required parking lot wheel stops and only
installing a six-foot wide adjacent sidewalk. An alternative would be to provide the seven-foot
sidewalk 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.
YK

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]


Staff Report Page Ten
May 12, 2015 - Planning Commission Meeting

FINDINGS (SDR-58124)
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.

The proposed development is compatible with adjacent development and


development in the area;
This project is not compatible with adjacent developments or the area as evidenced by the
numerous Variances, Waivers and Exceptions being requested.

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;
As proposed, this development doesnt support three of the goals, objectives and policies
(Goal 2, Objective 2:1 and 2.2 and Policy 2.2.1) found in the 2020 Las Vegas Master Plan
Redevelopment Area. The proposed landscaping has been greatly reduced from that of
minimum code requirements, as well as a large reduction in the number of required
parking spaces is being provided.

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
The expected number of trips generated will be able to be handled with on Lamb
Boulevard with the build-out of this project, if approved.

4.

Building and landscape materials are appropriate for the area and for the City;
The building materials are appropriate for this area and multi-family projects throughout
the City. However, the greatly reduced number of landscape trees and shrubs, and the
reduction of the perimeter landscape buffer widths are not appropriate for the area.

5.

Building elevations, design characteristics and other architectural and aesthetic


features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;
The contemporary aesthetic being presented is harmonious and compatible with the area
and will not create an unsightly or obnoxious appearance.

6.

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

YK

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]


Staff Report Page Eleven
May 12, 2015 - Planning Commission Meeting

The proposed multi-family residential development will be subject to City inspections


during construction of the buildings as well as routine business license inspections to
protect the public health, safety and welfare.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

32

NOTICES MAILED

433 - VAR-58121 and VAR-58122


433 - VAR-58123 and SDR-58124

APPROVALS

1 - VAR-58121 and VAR-58122


1 - VAR-58123 and SDR-58124

PROTESTS

1 - VAR-58121 and VAR-58122


3 - VAR-58123 and SDR-58124

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VAR-58121, VAR-58122, VAR-58123 and SDR-58124 - REVISED

AbA7A7

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VAR-58121, VAR-58122, VAR-58123 and SDR-58124

VAR-58121, VAR-58122, VAR-58123 and SDR-58124

VAR-58121, VAR-58122, VAR-58123 and SDR-58124

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 - REVISED

VAR-58121, VAR-58122, VAR-58123 and SDR-58124

VAR-58121, VAR-58122, VAR-58123 and SDR-58124

VAR-58121, VAR-58122, VAR-58123 and SDR-58124

VAR-58121, VAR-58122, VAR-58123 and SDR-58124

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 - REVISED

VAR-58121, VAR-58122, VAR-58123 and SDR-58124

VAR-58121, VAR-58122, VAR-58123 and SDR-58124

VAR-58121 [PRJ-58035] - VARIANCE RELATED TO VAR-58122, VAR-58123 AND SDR-58124 APPLICANT/OWNER: HAND PROPERTY HOLDING COMPANY
501 NORTH LAMB BOULEVARD
03/05/15

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 - REVISED

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 - REVISED

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 - REVISED

Agenda Item No.: 27.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
ABEYANCE - VAR-58122 - VARIANCE RELATED TO VAR-58121 - PUBLIC HEARING APPLICANT/OWNER: HAND PROPERTY HOLDING COMPANY - For possible action on a
request for a Variance TO ALLOW A SEVEN-FOOT TALL FRONT YARD FENCE WHERE
FIVE-FOOT IS THE MAXIMUM ALLOWED at 501 North Lamb Boulevard (APN 140-31501-021), R-3 (Medium Density Residential) Zone, Ward 3 (Coffin) [PRJ-58035]. Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

VAR-58122

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VAR-58122
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Agenda Item No.: 28.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
ABEYANCE - VAR-58123 - VARIANCE RELATED TO VAR-58121 AND VAR-58122 PUBLIC HEARING - APPLICANT/OWNER: HAND PROPERTY HOLDING COMPANY For possible action on a request for a Variance TO ALLOW NO WHEEL STOPS WHERE
REQUIRED ADJACENT TO A SIDEWALK LESS THAN SEVEN FEET WIDE at 501 North
Lamb Boulevard (APN 140-31-501-021), R-3 (Medium Density Residential) Zone, Ward 3
(Coffin) [PRJ-58035]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest and Support Postcards - VAR-58123 and SDR-58124 [PRJ-58035]

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

VAR-58123

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7A777777
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VAR-58123
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Agenda Item No.: 29.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
ABEYANCE - SDR-58124 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR58121, VAR-58122 AND VAR-58123 - PUBLIC HEARING - APPLICANT/OWNER: HAND
PROPERTY HOLDING COMPANY - For possible action on a request for a Site Development
Plan Review FOR A PROPOSED 228-UNIT MULTI-FAMILY RESIDENTIAL
DEVELOPMENT WITH A WAIVER TO ALLOW A FIVE-FOOT WIDE LANDSCAPE
BUFFER WHERE SIX FEET IS REQUIRED ALONG THE WEST, NORTH AND SOUTH
PERIMETERS on 12.65 acres at 501 North Lamb Boulevard (APN 140-31-501-021), R-3
(Medium Density Residential) Zone, Ward 3 (Coffin) [PRJ-58035]. Staff recommends
DENIAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

SDR-58124

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SDR 58124
Hand Property Holding Company

501 N. Lamb Boulevard


Proposed 240 unit multi-family development.
Traffic produced by proposed development:
Proposed Use

DESCRIPTION

#UNIT

Average Daily Traffic (ADT)


AM Peak Hour

6.65
APARTMENT [DWELL]

PM Peak Hour

240

0.51
0.62

Existing traffic on all nearby streets:


Lamb Boulevard
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

33,588
2,687

Bonanza Road
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

21,675
1,734

Stewart Avenue
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

18,425
1,474

Lamb Boulevard
Bonanza Road
Stewart Avenue

RATE/#
UNIT

TOTAL

1,596
122
149

Adjacent Street ADT Capacity


51,800
51,800
34,500

This project is expected to add about 1,596 trips per day on Lamb Blvd., Bonanza Rd. & Stewart Ave. Currently, Lamb is
at about 65 percent of capacity, Bonanza is at about 42 percent of capacity and Stewart is at about 53 percent of capacity.
With this project, Lamb is expected to be at about 68 percent of capacity, Bonanza to be at about 45 percent of capacity
and Stewart to be at about 58 percent of capacity.
Based on Peak Hour use, this project will add about 149 trips in the peak hour, or about five every two minutes.
Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 30.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
ABEYANCE - VAR-58157 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER:
LEVY-WOLF FAMILY TRUST - For possible action on a request for a Variance TO ALLOW
A 42-FOOT FRONT YARD SETBACK WHERE 50 FEET IS REQUIRED FOR A
PROPOSED ADDITION TO A RESIDENCE at 2045 South Tenaya Way (APN 163-03-306007), R-E (Residence Estates) Zone, Ward 1 (Tarkanian) [PRJ-58018]. Staff recommends
DENIAL.
P.C.: FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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. Protest and Support Postcards

VAR-58157 [PRJ-58018]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: LEVY-WOLF FAMILY TRUST

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-58157

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends DENIAL, if approved subject to


conditions:

** CONDITIONS **

VAR-58157 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.

A front yard setback is hereby approved at 42 feet.

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.

YK

VAR-58157 [PRJ-58018]
Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting a Variance to allow a 42-foot front yard setback for a room addition,
where 50-foot is the required setback for an R-E (Residence Estates) zoned property at 2045
South Tenaya Way. This property has an existing Variance to allow for a 4-foot side yard
setback for a carport, where 10 feet is required. This is a self-imposed hardship and therefore,
does not meet the requirements for approval. There is no unique shape or conditions on the
parcel that warrants an approval. Approval would contribute to the over building of this parcel.
Staff recommends denial. If denied, any addition would have to adhere to existing code required
setbacks.

ISSUES

A Variance is required to allow a front yard setback of 42 feet, where the minimum
allowed is 50 feet for an R-E (Residence Estates) zoned property. Staff does not support
the request.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Board of Zoning Adjustment approved a Variance (V-0026-91) to allow
03/28/91
a four-foot side yard setback for a carport, where 10 feet is the minimum
required at 2045 South Tenaya Way. Staff recommended denial.
The Planning Commission held Variance (VAR-58157) in abeyance for one
04/14/15
month to allow members of the Commission to meet with the applicant on site
to discuss the matter.

Most Recent Change of Ownership


02/01/08
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#278130) for a room addition was applied for at 2045
01/22/15
South Tenaya Way. The permit is on hold pending result of front yard
setback Variance request.

YK

VAR-58157 [PRJ-58018]
Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Pre-Application Meeting
Staff met with the applicant and reviewed the request for a front yard
Variance. The applicant was informed that this property already has a
02/19/15
Variance for a side yard setback and that the request would further
overdevelop this property. In addition, the hardship is self-imposed.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
03/05/15

Staff visited the site and found a single-family, detached residence. The
property was maintained and free of trash and debris. The carport with a
previously approved Variance for a four-foot side yard setback is still present.

Details of Application Request


Site Area
Net Acres
.45
Surrounding
Property
Subject Property
North
South
East
West

Existing Land Use


Per Title 19.12
Single Family,
Detached
Single Family,
Detached
Single Family,
Detached
Single Family,
Detached
Single Family,
Detached

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)
DR (Desert Rural
Density Residential)

Existing Zoning District


R-E (Residence Estates)
R-E (Residence Estates)
R-E (Residence Estates)
R-E (Residence Estates)
R-E (Residence Estates)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
Rural Preservation Overlay District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
Compliance
Y
Compliance
N/A
N/A
N/A
N/A

YK

VAR-58157 [PRJ-58018]
Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

DEVELOPMENT STANDARDS
Pursuant to Title 19.06.060, the following standards apply:
Standard
Required/Allowed
Min. Lot Size
20,000 SF
Min. Lot Width
100 Feet
Min. Setbacks
Front
50 Feet
Side
10 Feet
Corner
15 Feet
Rear
35 Feet
Min. Distance Between Buildings
6 Feet
Max. Building Height
35 Feet
Screened, Gated, w/
Trash Enclosure
a Roof or Trellis
Mech. Equipment
Screened
*Approved Variance (V-0026-91)

Street Name
Tenaya Way

Functional
Classification of
Street(s)
Secondary
Collector

Provided
20,000 SF
105 Feet

Compliance
Y
Y

42 Feet
4 Feet
N/A
56 Feet
26 Feet
12 Feet

N
Y*
N/A
Y
Y
Y

N/A

N/A

Screened

Governing Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Planned Streets and


Highways Map

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
Single Family,
1 Unit
2
2
Detached
2
3
Y
TOTAL SPACES REQUIRED
2
0
3
0
Y
Regular and Handicap Spaces Required

ANALYSIS
The applicant is requesting a Variance to allow a 42-foot front yard setback for a room addition,
where a 50-foot setback is required for an R-E (Residence Estates) zoned property. This
property has a previously approved Variance to allow a four-foot side yard setback, where 10

YK

VAR-58157 [PRJ-58018]
Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

feet is required for a side yard. This request will add to the over development of this residential
parcel and is a self-imposed hardship. There are no unique characteristics existing on the parcel
that would necessitate the need for a Variance. Additional square-footage can be added to this
home without the need for a Variance.
Since the owner has the option of increasing the square-footage of the home within code
requirements elsewhere on the property, a Variance is not the only option available for
expansion. There is no hardship on the owner and there are available options to increase the
square-footage of this home without the need for a Variance. This, coupled with the fact that an
existing Variance has already been approved for this property, leads staff to find the site will be
over built and therefore, recommends denial.

FINDINGS (VAR-58157)
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.

Permit a use in a zoning district in which the use is not allowed;


Vary any minimum spacing requirement between uses;
Relieve a hardship which is solely personal, self-created or financial in nature.

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
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 an addition that does not meet the minimum
front yard setback requirements. An alternative is to have all proposed additions meet
established code setbacks 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.

YK

VAR-58157 [PRJ-58018]
Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

129

APPROVALS

PROTESTS

22

YK

VAR-58157

VAR-58157

VAR-58157

VAR-58157

VAR-58157

VAR-58157 [PRJ-58018] - VARIANCE - APPLICANT/OWNER: LEVY-WOLF FAMILY TRUST


2045 SOUTH TENAYA WAY
03/05/15

VAR-58157 [PRJ-58018] - VARIANCE - APPLICANT/OWNER: LEVY-WOLF FAMILY TRUST


2045 SOUTH TENAYA WAY
03/05/15

VAR-58157

Agenda Item No.: 31.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
ABEYANCE - SUP-58161 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT:
MARKET & SMOKES - OWNER: PATRICIA WONG - For possible action on a request for a
Special Use Permit FOR A PROPOSED RETAIL ESTABLISHMENT WITH ACCESSORY
PACKAGE LIQUOR OFF-SALE USE WITHIN A PROPOSED 5,300 SQUARE-FOOT
GENERAL RETAIL STORE at 5900 West Cheyenne Avenue (APN 138-12-416-007), C-1
(Limited Commercial) Zone, Ward 5 (Barlow) [PRJ-58053]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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 and Support Postcards

SUP-58161 [PRJ-58053]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: MARKET & SMOKES - OWNER: PATRICIA
WONG

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SUP-58161

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL, subject to conditions:

** CONDITIONS **

SUP-58161 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Retail
Establishment with Accessory Package Liquor Off-Sale 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.

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.

JB

SUP-58161 [PRJ-58053]
Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit for a proposed Retail Establishment with Accessory
Package Liquor Off-Sale use within an a proposed general retail use at 5900 West Cheyenne
Avenue. The proposed general retail store is 5,300 square feet in size with 257 square-feet of
space used for the display of alcoholic beverages. The Retail Establishment with Accessory
Package Liquor Off-Sale use will be ancillary to the proposed general retail store. As this request
meets all the minimum Special Use Permit requirements and can be conducted in a compatible
and harmonious manner within the proposed general retail use, staff recommends approval of
this application. If denied, the applicant will not be allowed to conduct the Retail Establishment
with Accessory Package Liquor Off-Sale use at this location.

ISSUES

The Retail Establishment with Accessory Package Liquor Off-Sale use is permitted in the C1 (Limited Commercial) zoning district with the approval of a Special Use Permit.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a Rezoning (Z-0120-78) for a reclassification of
property from R-1 (Single Family Residential) to C-1 (Limited Commercial)
02/21/79
on property located on the northeast corner of Jones Boulevard and Cheyenne
Avenue.
The City Council approved a Plot Plan and Building Elevation Review [Z09/22/87
0120-78(1)] for the commercial retail center located on the northeast corner of
Jones Boulevard and Cheyenne Avenue.
The Planning Commission approved a request for a Plot Plan Review [Z0120-78(2)] for a proposed 5,500 square-foot retail store on property located
08/12/99
on the north side of Cheyenne Avenue, approximately 650 feet east of Jones
Boulevard.

Most Recent Change of Ownership


12/01/00
A deed was recorded for a change in ownership.

JB

SUP-58161 [PRJ-58053]
Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Related Building Permits/Business Licenses


A Code Enforcement Case (#2259) was processed for tree branches hanging
08/09/03
in the right-of-way at 5900 West Cheyenne Avenue. The case was resolved
on 08/25/03.
A Code Enforcement Case (#81288) was processed for graffiti on the top of
08/27/09
the building at 5900 West Cheyenne Avenue. The case was resolved on
09/16/09.
A Code Enforcement Case (#83094) was processed for bright orange graffiti
10/14/09
on the building at 5900 West Cheyenne Avenue. The case was resolved on
10/20/09.
A Code Enforcement Case (#83774) was processed for graffiti on the building
11/04/09
at 5900 West Cheyenne Avenue. The case was resolved on 11/17/09.
A Code Enforcement Case (#84746) was processed for graffiti on the building
12/07/09
at 5900 West Cheyenne Avenue. The case was resolved on 12/09/09.
A Code Enforcement Case (#86715) was processed for graffiti on the building
02/23/10
at 5900 West Cheyenne Avenue. The case was resolved on 04/08/10.
A Code Enforcement Case (#88888) was processed for graffiti on the top of
04/12/10
the building at 5900 West Cheyenne Avenue. The case was resolved on
05/27/10.
A Code Enforcement Case (#92746) was processed for graffiti on the bottom
of the building and block wall by the same area facing Cheyenne Avenue in
07/14/10
big 3-foot letters at 5900 West Cheyenne Avenue. The case was resolved on
07/16/10.
A Code Enforcement Case (#107352) was processed for a church operating
10/31/11
without a certificate of occupancy at 5900 West Cheyenne Avenue. The case
was resolved on 12/10/12.
A Code Enforcement Case (#107922) was processed for banners on the
11/21/11
building at 5900 West Cheyenne Avenue. The case was resolved on 12/14/11.
A Code Enforcement Case (#126559) was processed for high weeds and grass
03/20/13
at 5900 West Cheyenne Avenue. The case was resolved on 03/20/13.
A Code Enforcement Case (#150373) was processed for graffiti at 5900 West
02/05/15
Cheyenne Avenue. The case was resolved on 02/22/15.
Pre-Application Meeting
A pre-application meeting was conducted with the applicant to go over the
application materials and submittal requirements for a Special Use Permit for
02/23/15
a proposed Retail Establishment with Accessory Package Liquor Off-Sale
use.

JB

SUP-58161 [PRJ-58053]
Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Neighborhood Meeting
A neighborhood meeting was held at the location of 3150 North Buffalo
Drive at 5:30pm to discuss the proposed Special Use Permit for a proposed
Retail Establishment with Accessory Package Liquor Off-Sale use within a
proposed 5,300 square-foot general retail store at 5900 West Cheyenne Ave,
Assessors Parcel 138-12-416-007. There were 15 members of the public that
attended the meeting.

03/05/15

During the meeting the following concerns were raised:


Concerns were raised over the potential increase in traffic to the
subject site.
o The applicant explained that the subject tenant space was part
of a larger shopping center and that traffic to the site would be
similar to other retail uses which have been within the
shopping center. He also indicated that the majority of the
shopping center was currently vacant.
Concerns were raised regarding a potential over-saturation of alcohol
uses in the area, because of other businesses in the area which offer
similar services.
o The applicant indicated alcohol will be a small part of the
overall services and items provided at the site. He stressed the
fact that they are limited to 10% of the retail floor area by Title
19 requirements.
Concerns were raised over whether or not there would be security
guards provided on-site. Also, constituents were concerned about what
steps the applicant will take to prevent the subject property from being
vandalized in the future, because that was an issue in the past at that
subject location.
o The applicant explained that the subject tenant space would
continue to be monitored by the existing security provided by
the Shopping Center.
o The applicant also indicated that he would be installing 24
security cameras to the subject tenant space. In addition, he
would also paint over any new graffiti the day it happens to
help deter further vandalism of the property.
One constituent asked what the proposed hours of operation would be.
o The applicant indicated that no hours of operation have been
set at this time.
One constituent asked if gas pumps were associated with this request.
o The applicant indicated that no gas pumps were associated
with this request.
Many constituents voiced concerns about wanting another big-box
retailer in the Shopping Center since it has been vacant for so long.

JB

SUP-58161 [PRJ-58053]
Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

Field Check
03/05/15

A routine field check was conducted by staff found a bag of trash and dead
vegetation in the landscape buffer area around the subject tenant space. There
was also a building address number missing from the building frontage facing
Cheyenne Avenue.

Details of Application Request


Site Area
Net Acres
0.49
Surrounding
Property
Subject Property
North

South

East

West

Existing Land Use


Per Title 19.12
Shopping Center
Single-Family
Residential
Single-Family
Residential
General Retail

Planned or Special
Land Use Designation
SC (Service
Commercial)
L (Low Density
Residential)
R (Rural Density
Residential)
SC (Service
Commercial)

Multi-Family
Residential

M (Medium Density
Residential)

Single-Family
Residential
Financial Institution,
General
Auto Repair Garage,
Minor
Mini Storage
Facility

L (Low Density
Residential)
SC (Service
Commercial)
SC (Service
Commercial)
SC (Service
Commercial)

Existing Zoning District


C-1 (Limited
Commercial)
R-1 (Single Family
Residential)
R-E (Residence Estates)
C-1 (Limited
Commercial)
R-PD25 (Residential
Planned Development
25 Units per Acre)
R-1 (Single Family
Residential)
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)

Master Plan Areas


Compliance
No Applicable Master Plan Area
N/A
Special Purpose and Overlay Districts
Compliance
A-O (Airport Overlay) District (70 Feet)
Y
Other Plans or Special Requirements
Compliance
Trails
N/A
Las Vegas Redevelopment Plan Area
N/A
Project of Significant Impact (Development Impact Notification Assessment)
N/A
Project of Regional Significance
Y*
*The subject site is located approximately 125 feet away from the Citys boundary with the Clark
County.
JB

SUP-58161 [PRJ-58053]
Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Street Name
Cheyenne Avenue
Jones Boulevard

Functional
Classification of
Street(s)
Expressway
Major Collector

Governing Document
Planned Streets and
Highways Map
Planned Streets and
Highways Map

Actual
Street Width
(Feet)

Compliance
with Street
Section

100 Feet

80 Feet

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
83,161 SF
1:250 SF
333
Center
333
479
Y
TOTAL SPACES REQUIRED
325
8
467
12
Y
Regular and Handicap Spaces Required

ANALYSIS
This is a request for a Special Use Permit for a proposed Retail Establishment with Accessory
Package Liquor Off-Sale use within an a proposed general retail use at 5900 West Cheyenne
Avenue. The proposed general retail store is 5,300 square feet in size with 257 square-feet of
space used for the display of alcoholic beverages. The submitted floor plan indicates that
package liquor will be displayed behind the sales register, with additional space dedicated to beer
and wine on the retail sales floor area. The Retail Establishment with Accessory Package Liquor
Off-Sale use will be ancillary to the proposed general retail store.
The subject tenant space is located within an existing 83,161 square-foot shopping center, which
provides shared access and 479 parking spaces throughout the subject site. This proposal adheres
to all minimum parking requirements.

A Retail Establishment with Accessory Package Liquor Off-Sale is described in Title 19.12 as:
A retail establishment:
1. Whose license to sell alcoholic beverages authorizes their sale to consumers only and
not for resale, in original sealed or corked containers, for consumption off the premises
where the same are sold; and

JB

SUP-58161 [PRJ-58053]
Staff Report Page Six
May 12, 2015 - Planning Commission Meeting

2. In which the sale of alcoholic beverages is ancillary to the retail use, and in which no
more than 10 percent of the retail floor space is regularly devoted to the display or
merchandising of alcoholic beverages. This use includes an establishment that provides
on-premises wine, cordial and liqueur tasting if the licensee also holds a wine, cordial and
liqueur tasting license for that location.
Minimum Special Use Permit Requirements:
* 1. Except as otherwise provided, no retail establishment with accessory package liquor off-sale
(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 subject site is not located within 400 feet of any church/house of worship, school, individual
care center licensed for more than 12 children, or City park.
* 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 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.
Not applicable, as there is no church/house of worship, school, individual care center licensed
for more than 12 children, or City park within 400 feet of the subject property.
* 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.
Not applicable, as the subject site is located in a 8.38 acre commercial subdivision.

JB

SUP-58161 [PRJ-58053]
Staff Report Page Seven
May 12, 2015 - Planning Commission Meeting

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.
Not applicable, as there are no waivers of distance separation from protected uses required with
this proposal.
5. The minimum distance requirements in Requirement 1 do not apply to:
a. 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; or
b. A proposed establishment having more than 50,000 square-feet of retail floor space.
This condition is not applicable as the subject site is not located within a an establishment which
has a non-restricted gaming license in connection with a hotel having 200 or more guest rooms
or a proposed establishment having more than 50,000 square feet of retail floor space.
* 6. All businesses which sell alcoholic beverages shall conform to the provisions of LVMC
Chapter 6.50.
The proposed use will be subject to all business licensing requirements outlined in LVMC
Chapter 6.50 if approved.
7. The minimum distance requirements set forth in Requirement 1, which are otherwise nonwaivable under the provisions of LVMC 19.12.050(C), may be waived:
a. In accordance with the provisions of LVMC 19.12.050(C) for any establishment which
is proposed to be located on a parcel within the Downtown Casino Overlay District;
b. In accordance with the applicable provisions of the Town Center Development
Standards Manual for any establishment which is proposed to be located within the TC
(Town Center) Zoning District and which is designated MS TC (Main Street Mixed Use)
in the Town Center Land Use Plan;
c. In connection with a proposed establishment having between 20,000 square feet and
50,000 square feet of retail floor space; or
d. In connection with a retail establishment having less than 20,000 square feet of retail
floor space, if the area to be used for the sale, display or merchandising of alcoholic
beverages
Not applicable, as there are no waivers of distance separation from protected uses required with
this proposal.

JB

SUP-58161 [PRJ-58053]
Staff Report Page Eight
May 12, 2015 - Planning Commission Meeting

According to the justification letter and floor plan, the proposed use meets the definition outlined
above. The proposed Retail Establishment with Accessory Package Liquor Off-Sale use adheres
to all minimum special use permit requirements as outlined by Title 19.12. The subject site is not
located within 400 feet of any church/house of worship, school, individual care center licensed
for more than twelve children, or City Park. In addition, staff has added a condition of approval
requiring the business conform to all provisions of LVMC Chapter 6.50 with regards to running
a Retail Establishment with Accessory Package Liquor Off-Sale use. It has been determined that
the proposed Retail Establishment with Accessory Package Liquor Off-Sale use can be
conducted in a manner that is compatible with the surrounding land uses, therefore, staff is
recommending approval, as the use is considered appropriate for the surrounding area.

FINDINGS (SUP-58161)
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 Retail Establishment with Accessory Package Liquor Off-Sale use will be
ancillary to the proposed general retail store at the subject site. The proposed use is
compatible with the surrounding land uses and can be conducted in a manner that is
harmonious with surrounding land uses.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The subject site will operate as a general retail use and is located within an existing
commercial building 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 not change. Vehicles may enter the property from Cheyenne
Avenue, a 100-foot Expressway, and Jones Boulevard, a 80-foot Major Collector 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.

JB

SUP-58161 [PRJ-58053]
Staff Report Page Nine
May 12, 2015 - Planning Commission Meeting

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.
5.

The use meets all of the applicable conditions per Title 19.12.
The proposed use meets all applicable conditions of approval for a Retail Establishment
with Accessory Package Liquor Off-Sale use per Title 19.12.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

674

APPROVALS

PROTESTS

15

JB

SUP-58161

SUP-58161

SUP-58161

SUP-58161

SUP-58161

SUP-58161

SUP-58161

SUP-58161 [PRJ-58053] - SPECIAL USE PERMIT - APPLICANT: MARKET & SMOKES - OWNER:
PATRICIA WONG
5900 WEST CHEYENNE AVENUE
03/05/15

SUP-58161 [PRJ-58053] - SPECIAL USE PERMIT - APPLICANT: MARKET & SMOKES - OWNER:
PATRICIA WONG
5900 WEST CHEYENNE AVENUE
03/05/15

7
777
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7
7

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SUP-58161

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7 7 77 7 7 7 77 7 7 7 7 7
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7 7 7 77 7 7 7 7
7
7

SUP-58161

Agenda Item No.: 32.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
ABEYANCE - VAC-58163 - VACATION - PUBLIC HEARING - APPLICANT/OWNER:
DIAMOND ZING, LLC - For possible action on a request for a Petition to Vacate the public
right-of-way commonly known as Lewis Avenue on the south side of property located on the
northeast corner of Lewis Avenue and 10th Street, Ward 3 (Coffin) [PRJ-57806]. Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

VAC-58163 [PRJ-57806]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: DIAMOND ZING, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAC-58163

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends DENIAL, if approved subject to


conditions:

** CONDITIONS **

VAC-58163 CONDITIONS
Planning
1.

The limits of this Petition of Vacation shall be the northern 10-feet of right-of-way along
the northern side of Lewis Avenue between 10th Street and the alley adjacent to the east
side of the lot. The remaining right-of-way on Lewis Avenue shall not be less than 30-feet.
Additionally, a 10-foot radius at the northeast corner of Lewis Street and 10th Street shall
be reserved.

2.

A Drainage Plan and Technical Drainage Study must be submitted to and approved by the
Department of Public Works prior to the recordation of the Order of Vacation for this
application. Appropriate drainage easements shall be reserved if recommended by the
approved Drainage Plan/Study. Alternatively, the entire area requested to be vacated may
be reserved as a Public Drainage Easement.

3.

All public improvements, if any, adjacent to and in conflict with this vacation application
are to be modified, as necessary, at the applicant's expense prior to the recordation of an
Order of Vacation.

JB

VAC-58163 [PRJ-57806]
Conditions Page Two
May 12, 2015 - Planning Commission Meeting

4.

The Order of Vacation shall not be recorded until all of the conditions of approval have
been met provided, however, that conditions requiring modification of public
improvements may be fulfilled for purposes of recordation by providing sufficient security
for the performance thereof in accordance with the Subdivision Ordinance of the City of
Las Vegas. City Staff is empowered to modify this application if necessary because of
technical concerns or because of other related review actions as long as current City
right-of-way requirements are still complied with and the intent of the vacation application
is not changed. If applicable, a five foot wide easement for public streetlight and fire
hydrant purposes shall be retained on all vacation actions abutting public street corridors
that will remain dedicated and available for public use. Also, if applicable and where
needed, public easement corridors and sight visibility or other easements that would/should
cross any right-of-way or easement being vacated must be retained.

5.

Reservation of easements for the facilities of the various utility companies together with
reasonable ingress thereto and egress there from shall be provided if required.

6.

All development shall be in conformance with code requirements and design standards of
all City Departments.

7.

If the Order of Vacation (or Order of Relinquishment of Interest if a Patent Reservation) is


not recorded within one (1) year after approval by the City of Las Vegas or an Extension of
Time is not granted by the Planning Director, then approval will terminate and a new
petition must be submitted. This condition should always be the last condition.

JB

VAC-58163 [PRJ-57806]
Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting to vacate a City of Las Vegas public right-of-way generally known as
Lewis Avenue located on the south side of property located on the northeast corner of Lewis
Avenue and 10th Street. The right-of-way area to be vacated is approximately 140 feet long and
10 feet wide; and is bounded on the east by an existing alleyway and west by the 10 th Street
alignment. Staff has determined it is in the best interest for the Citys revitalization efforts to
maintain the current traffic flow on Lewis Avenue without interruption, which is why staff
recommends denial of the request to vacate the south side of property located on the northeast
corner of Lewis Avenue and 10th Street.

ISSUES

The applicant has requested the Vacation of the Lewis Avenue street alignment to facilitate
future development on the existing multi-family residential building located at 1001 Lewis
Avenue.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
N/A
N/A

Most Recent Change of Ownership


12/17/14
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A Code Enforcement case (#1759 and #1882) was processed for ceiling
08/05/03
repairs, water coming out near outlets and switches and toilet leaks on
property located at 1001 Lewis Avenue. The case was resolved on 01/02/04.
A Code Enforcement case (#22799) was processed for mold in the apartment
10/13/04
building located at 1001 Lewis Avenue. The case was resolved on 12/03/04.
A Code Enforcement case (#22802) was processed for no heat or hot water in
12/29/04
apartment #2 in the apartment building located at 1001 Lewis Avenue. The
case was resolved on 12/29/04.

JB

VAC-58163 [PRJ-57806]
Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Related Building Permits/Business Licenses


A Code Enforcement case (#22808) was processed for no heat or hot water in
apartment #3 in the apartment building located at 1001 Lewis Avenue. The
case was resolved on 12/29/04.
A Code Enforcement case (#22810) was processed for roof leaks and no heat
or hot water in apartment #6 in the apartment building located at 1001 Lewis
Avenue. The case was resolved on 12/29/04.
A Code Enforcement case (#33875) was processed for a pile of sand in the
08/23/05
street for months at property located at 1001 Lewis Avenue. The case was
resolved on 09/25/06.
A Code Enforcement case (#45522) was processed for junk vehicles at
08/16/06
property located at 1001 Lewis Avenue. The case was resolved on 08/17/06.
A Code Enforcement case (#50112) was processed for no heat or hot water in
02/05/07
apartment #2 in the apartment building located at 1001 Lewis Avenue. The
case was resolved on 02/07/07.
A Code Enforcement case (#60791) was processed for an abandoned building
12/21/07
being vandalized at property located at 1001 Lewis Avenue. The case was
resolved on 01/02/08.
A Code Enforcement case (#60933) was processed for an abandoned building
01/02/08
being vandalized at property located at 1001 Lewis Avenue. The case was
resolved on 10/15/09.
A building permit (#7001706) was issued to replace a balcony at an existing
05/21/07
apartment building located at 1001 Lewis Avenue. The permit was expired on
12/01/07.
A building permit (#4059) was issued for fire repair at an existing apartment
03/08/00
building located at 1001 Lewis Avenue. The permit was expired on 10/14/00.
A Code Enforcement case (#102044) was processed for an abandoned
05/17/11
building, dead vegetation, trash and debris at property located at 1001 Lewis
Avenue. The case was resolved on 08/30/11.
A Code Enforcement case (#132255) was processed for trash in the alleyway
08/17/13
at property located at 1001 Lewis Avenue. The case was resolved on
11/18/13.
A Code Enforcement case (#145113) was processed for an abandoned
09/02/14
building, dead vegetation, trash and debris at property located at 1001 Lewis
Avenue. The case was resolved on 10/06/14
A Code Enforcement case (#146635) was processed for stray cats at property
10/08/14
located at 1001 Lewis Avenue. The case was resolved on 10/09/14
Pre-Application Meeting
A Pre-Application meeting was conducted with the applicant to go over the
02/03/15
application materials and submittal requirements for a Vacation of public
right-of-way to facilitate the redevelopment of an existing apartment building.

JB

VAC-58163 [PRJ-57806]
Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Neighborhood Meeting
A neighborhood meeting is not required for this type of request, nor was one held.

Field Check
03/05/15

During a routine site visit staff noted that the subject section of right-of-way
was currently has a three-foot tall white wooden fence enclosing a portion of
the area and is utilized as the side yard area of the existing multi-family
structure on-site.

Details of Application Request


Site Area
Net Acres
0.03

Surrounding
Property
Subject Property
North
South
East
West

Existing Land Use


Per Title 19.12
R.O.W (Right-ofWay)
Multi-Family
Residential
R.O.W (Right-ofWay)
R.O.W (Right-ofWay)
R.O.W (Right-ofWay)

Planned or Special
Land Use Designation

Existing Zoning District

R.O.W (Right-of-Way)

R.O.W (Right-of-Way)

MXU (Mixed Use)

R-4 (High Density


Residential)

R.O.W (Right-of-Way)

R.O.W (Right-of-Way)

R.O.W (Right-of-Way)

R.O.W (Right-of-Way)

R.O.W (Right-of-Way)

R.O.W (Right-of-Way)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
Live/Work Overlay District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
Compliance
Y
Compliance
N/A
Y
N/A
N/A

JB

VAC-58163 [PRJ-57806]
Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

LEGAL DESCRIPTION
Being a portion of the North Half (N) of the Southeast Quarter (SE 114) of Section 34,
Township 20 South, Range 61 east, M.D.M., City of Las Vegas, Clark County, Nevada, also a
portion of the northerly right of way of Lewis Avenue.
Beginning at the most northwesterly corner of Lot 16, Block 11. of Pioneer Heights Addition to
Las Vegas, Nevada, as shown by map recorded in Book 1, Page 35 of plats; thence south
6215'00" east along the southwesterly line of said lot 16, a distance of 140.00 feet to the most
southwesterly corner of said lot 16; thence south 27'45'00" west a distance of 10.00 feet; thence
north 6215'00" west a distance of 129.93 feet to a point of curvature; thence northwesterly along
a curve 15.71 feet being concave northeast with a radius of 10.00 feet having a central angle of
9000'00" to the point of beginning. Containing 1,377.88 square feet.

ANALYSIS
This Vacation application proposes to vacate existing Public Right-of-Ways. Public Works offers
the following comments:
A. Does this vacation request result in uniform or non-uniform right-of-way widths? It
would result in a non-uniform right-of-way width as it is only proposing to vacate half
of a block of an entire street.
B. From a traffic handling viewpoint will this vacation request result in a reduced
traffic handling capability? Not at this time. Depending on future development,
should Lewis Street be widened or developed per Complete Street Standards, there
could be traffic handling issues.
C. Does it appear that the vacation request involves only excess right-of-way? No. It is
to vacate a portion of Lewis Street to be used for adjacent private improvements.
D. Does this vacation request coincide with development plans of the adjacent parcels?
The applicant is proposing to remodel the adjacent property, assessor parcel #139-34712-055, and use the vacated right-of-way for onsite beautification purposes.
E. Does this vacation request eliminate public street access to any abutting parcel? No.
F. Does this vacation request result in a conflict with any existing City requirements?
Potentially; vacation of the subject right-of-way could limit the ability to construct
Complete Street improvements if this portion of Lewis Avenue is ever upgraded.

JB

VAC-58163 [PRJ-57806]
Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

G. Does the Department of Public Works have an objection to this vacation request?
Yes. We have been improving streets near the downtown area and turning them into
Complete Streets. Vacation of this right-of-way reduces the capacity for widened
sidewalks and Complete Street improvements.
The Department of Public Works is opposed to the Vacation application request generally known
Lewis Avenue located on the south side of property located on the northeast corner of Lewis
Avenue and 10th Street.

FINDINGS (VAC-58163)
The Department of Public Works and Department of Planning are opposed to this Petition of
Vacation since the proposed vacation of public right-of-way would limit the future ability to
construct Lewis Avenue to Complete Street Standards and result in an irregular right-of-way width.
Therefore, Staff recommends denial with conditions.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

APPROVALS

PROTESTS

40

JB

VAC-58163

VAC-58163

VAC-58163

VAC-58163 [PRJ-57806] - VACATION - APPLICANT/OWNER: DIAMOND ZING, LLC


NORTHEAST CORNER OF LEWIS AVENUE AND 10TH STREET
03/05/15

VAC-58163 [PRJ-57806] - VACATION - APPLICANT/OWNER: DIAMOND ZING, LLC


NORTHEAST CORNER OF LEWIS AVENUE AND 10TH STREET
03/05/15

VAC-58163

Agenda Item No.: 33.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
GPA-58319 - GENERAL PLAN AMENDMENT - PUBLIC HEARING APPLICANT/OWNER: CITY OF LAS VEGAS - For possible action on a request for a General
Plan Amendment to amend the Master Plan of Streets and Highways TO ADD 6TH STREET,
7TH STREET, 8TH STREET, 9TH STREET, 10TH STREET, 11TH STREET, CARSON
AVENUE WEST, BRIDGER AVENUE WEST, CLARK AVENUE WEST, PROMENADE
PLACE, CITY PARKWAY SOUTH AND SYMPHONY PARK EAST AND WEST AS
COLLECTOR STREETS, Ward 3 (Coffin) and Ward 5 (Barlow) [PRJ-58551]. Staff
recommends APPROVAL.
C.C.: 6/17/2015
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL.
BACKUP DOCUMENTATION:
1. Staff Report
2. Supporting Documentation
3. Justification Letter

GPA-58319 [PRJ-58551]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
GPA-58319

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL.

FS

GPA-58319 [PRJ-58551]
Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The Transportation & Streets and Highways Element will be amended by incorporating a
number of downtown streets into Citys Master Plan of Streets and Highways. An exception is
being requested to allow certain 60-foot wide streets within Symphony Park to be classified as
Major Collectors, which typically have a minimum right-of-way width of 80 feet. The Southeast
Sector Master Plan of Streets and Highways Map (Map 2A) will also be updated to reflect the
proposed changes.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council adopted Ordinance No. 6038, the Transportation & Streets
04/15/09
and Highways Element.

Neighborhood Meeting
05/06/15
A neighborhood meeting will be held on May 6, 2015

ANALYSIS
The Transportation & Streets and Highways Element will be amended by incorporating a
number of downtown streets into Citys Master Plan of Streets and Highways. The Southeast
Sector Master Plan of Streets and Highways Map (Map 2A) will also be updated to reflect the
proposed changes. This update is required in order to improve downtown traffic circulation and
to permit these roadways to be eligible for outside improvement funding.
All of the street additions are proposed as Major Collectors, which are defined by LVMC
13.12.106 as streets or highways which have a minimum right-of-way width of 80 feet and an
existing or potential design capacity of two travel lanes of traffic in each direction, with a center
turn lane or a raised median with left turn pockets. The streets within the downtown core (6th
through 11th Street) are all 80 feet in width and meet the requirements of a Major Collector.
The streets within Symphony Park are 60 feet in width and an exception is being requested for
the classification of these streets as Major Collectors. LVMC 13.12.110 allows for the approval
of an exception to the right-of-way widths identified in LVMC 13.12.106 when such exceptions

FS

GPA-58319 [PRJ-58551]
Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

are deemed necessary. This exception is necessary and justified because these streets within
Symphony Park are specially designed 60-foot right-of-ways to back of curb, which allow for the
full width of the street to be utilized for traffic purposes. Upon construction, these 60-foot wide
streets will exhibit the same design functionality as an 80-foot Major Collector. If this exception
is approved, Schedule 13-1A will be subsequently updated as required by LVMC 13.12.110.
The following streets are requested to be included as planned streets on the Southeast Sector
street classification map:
Location
6th Street, between Bonneville Ave and Stewart Ave
7th Street, between Bonneville Ave and Stewart Ave
8th Street, between Bonneville Ave and Clark Ave; and
between Bridger Ave and Stewart Ave
9th Street, between Fremont Street and Stewart Ave
10th Street, between Bonneville Ave and Stewart Ave
11th Street, between Bonneville Ave and Stewart Ave
Carson Avenue West, between City Pkwy and Grand
Central Pkwy
Bridger Avenue West, between Promenade Place and
Grand Central Pkwy
Clark Avenue West, between South City Pkwy and
Grand Central Pkwy
Symphony Park Avenue, Eastbound, between South
City Pkwy and Grand Central Pkwy
Symphony Park Avenue, Westbound, between South
City Pkwy and Grand Central Pkwy
Promenade Place, between Bonneville Ave and Carson
Ave West
South City Parkway, between Grand Central Pkwy and
West Clark Ave

Proposed Street
Classification
Major Collector
Major Collector
Major Collector

ROW Width

Major Collector
Major Collector
Major Collector
Major Collector*

80 Feet
80 Feet
80 Feet
60 Feet

Major Collector*

60 Feet

Major Collector*

60 Feet

Major Collector*

60 Feet

Major Collector*

60 Feet

Major Collector*

60 Feet

Major Collector*

60 Feet

80 Feet
80 Feet
80 Feet

*with approved exception to LVMC 13.12.106

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

37

RJ only

FS

GPA-58319

120'

ROW W/E
100'
50'/50'
100'
55'/45'
Transition 45' to 55' / 45'
90'
45' / 45'
100'
50' / 50'
120'
60' / 60'

Docum ent Path: N:\ad vplan\projects\pr ojectsGIS\MPSH\MPSHSE_GPA-58319.mxd

Bonanza Rd. to Owens Ave.


Mesquite Ave. to Bonanza Rd.
Stewart Ave. to Mesquite Ave.
Charleston Blvd. to Stewart Ave.
4th Street to Charleston Blvd.
Sahara to 4th Street

Las Vegas Blvd. ROW Widths

120'

70'
50'

(VARIES)

150'

100'

60'
40'

120'

80'

150'

(VARIES)

48
40 '
'

90
'

GPA-58319

90
'

I90
'

Southeast Sector

55
'
45
'

LAND PKWY.

15

92'

90
'

LAKE MEAD BLVD.

MOJAVE RD

SANDHILL R

Parkway Arterial (120 ft.)


Primary Arterial (100 ft.)
Primary Arterial with Limited Access (flyover)
Major Collector (80 ft.)
Major Collector (60 ft.)
Frontage Streets (70 ft.)
Freeway - Proposed
Freeway / Expressway (150 ft. +)
Special Design Road - See Schedule 13 - 1A
Widths are minimums

Street Classification

BOSAHARA AVE.
UL
DE
R
H
W
Y.
Printed: Wednesday, April 29, 2015
Plan ning & D evelopm ent D ept.
702-229-630 1

Geographic Inform ation System

GI S maps a re n orm ally p rod uced


only to me et the need s of the City.
Due to continu ous developm ent activity
this m ap is for re ference on ly.

SOURCE: City of Las Vegas, Public Works


Revised: February 04, 2009 MSH - 29859
Adopted: March 18, 2009 GPA-27003
Revised: July 31, 2012 Ordinance 6199
Revised: October 17, 2012 GPA-45940

Right-of-way widths shown are minimums


Additional rights-of-way at majot intersections
shall also be required in accordance with
Standard Drawings # 201.1 and # 234.1-2.

PECOS RD.

Planned
Streets & Highways

B
L
VD
.
V
E
GA
S

40'
60'
30'
70'

ASTERN AVE.

US 95

City of Las Vegas

0'
15

0'
10

Agenda Item No.: 34.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
ZON-58518 - REZONING - PUBLIC HEARING - APPLICANT: BEACH CITIES
INVESTMENTS - OWNER: SARAH ANN JOHNSON, ET AL - For possible action on a
request for a Rezoning FROM: R-3 (MEDIUM DENSITY RESIDENTIAL) TO: P-O
(PROFESSIONAL OFFICE) on 0.19 acres at 510 South 10th Street (APN 139-34-810-090),
Ward 3 (Coffin) [PRJ-58313]. Staff recommends APPROVAL.
C.C.: 6/17/2015
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - ZON-58519, VAR-58519 and SDR-58520 [PRJ-58313]
2. Conditions and Staff Report - ZON-58519, VAR-58519 and SDR-58520 [PRJ-58313]
3. Supporting Documentation - ZON-58519, VAR-58519 and SDR-58520 [PRJ-58313]
4. Photo(s) - ZON-58519, VAR-58519 and SDR-58520 [PRJ-58313]
5. Justification Letter - ZON-58519, VAR-58519 and SDR-58520 [PRJ-58313]
6. Support Postcard - ZON-58518 and VAR-58519 [PRJ-57975]

ZON-58518, VAR-58519 and SDR-58520 [PRJ-58313]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: BEACH CITIES INVESTMENTS - OWNER:
SARAH ANN JOHNSON, ET AL

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
ZON-58518
VAR-58519
SDR-58520

RECOMMENDATION
Staff recommends APPROVAL.
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:

REQUIRED FOR
APPROVAL
N/A
ZON-58518
ZON-58518
VAR-58519

** CONDITIONS **

VAR-58519 CONDITIONS
Planning
1.

Approval of Rezoning (ZON-58518) and the approval of conformance to the Conditions of


Approval for Site Development Plan Review (SDR-58520) shall be required, if approved.

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.

MR

ZON-58518, VAR-58519 and SDR-58520 [PRJ-58313]


Conditions Page Two
May 12, 2015 - Planning Commission Meeting

SDR-58520 CONDITIONS
Planning
1.

Approval of Rezoning (ZON-58518) and the approval of and conformance to the


Conditions of Approval for Variance (VAR-58519) shall be required, if approved.

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, date stamped
04/14/15 and building elevations, date stamped 03/25/15, except as amended by conditions
herein.

4.

A Waiver from Title 19.08.040 is hereby approved, to allow a zero-foot landscape buffer
where eight feet is required on a 131-foot long portion of the north property line and 70foot long portion of the south property line.

5.

An Exception from Title 19.08.110 is hereby approved, to allow no parking lot landscape
fingers where two are required

6.

The southern perimeter wall (the chain link fence) shall be in good condition, a minimum
of six feet tall and otherwise conform to Title 19 wall standards.

7.

Prior to issuance of a building permit the applicant shall obtain and submit to the
Department of Planning an approval letter from a waste management company that allows
curb-side garbage pickup.

8.

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.

9.

These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.

10.

The applicant shall coordinate with the City Surveyor and other city staff to determine the
most appropriate mapping action necessary to consolidate the existing lots. The mapping
action shall be completed and recorded prior to the issuance of any building permits.

MR

ZON-58518, VAR-58519 and SDR-58520 [PRJ-58313]


Conditions Page Three
May 12, 2015 - Planning Commission Meeting

11.

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.

12.

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.

13.

All City Code requirements and design standards of all City Departments must be satisfied,
except as modified herein.
Public Works

14.

In accordance with code requirements of Title 13.56, remove all substandard offsite
improvements, if any, and replace with new improvements meeting Current City Standards
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.

15.

Parking stalls located off the alley shall be a minimum of 22-feet in length and shall not
encroach into the alley right-of-way.

16.

Sign and record a Covenant Running with Land agreement for the possible future
installation of streetlights. Such Covenant Running with Land agreement shall record prior
to the issuance of any permits for this site.

17.

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

18.

Submit an Encroachment Agreement for landscaping and private improvements, if any, in


the Tenth Street public right-of-way prior to this issuance of permits for these
improvements. The applicant must carry an insurance policy for the term of the
Encroachment Agreement and add the City of Las Vegas as an additionally insured entity
on this insurance policy. If requested by the City, the applicant shall remove property
encroaching in the public right- of way at the applicant's expense pursuant to the terms of
the City's Encroachment Agreement. The installation and maintenance of all private
improvements in the public right of way shall be the responsibility of the adjacent property
owner(s) and shall be transferred with the sale of the property for the entire term of the
Encroachment Agreement. Coordinate all requirements for the Encroachment Agreement
with the Land Development Section of the Department of Building and Safety (229-4836).

MR

ZON-58518, VAR-58519 and SDR-58520 [PRJ-58313]


Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting a Site Development Plan Review (SDR-58520) to convert an existing
3,298 square-foot, single-story apartment building to an office building on 0.19 acres at 510
South 10th Street. The site is zoned R-3 (Medium Density Residential) and requires a zone
change to P-O (Professional Office) for the proposed use. The proposed Rezoning (ZON-58518)
is consistent with the current General Plan land use designation of MXU (Mixed Use). Staff
supports this rezoning request.
A parking Variance (VAR-58519), two landscape buffer width Waivers and two parking lot
landscape design Exceptions are associated with this application. The requested Waivers and
Exceptions are warranted, as the request reflects existing site conditions. Staff does not support
the requested Variance, as it reinforces that the proposed use (Office, Other Than Listed) is too
intense for the site as proposed. Staff recommends denial of the Variance (VAR-58519) and Site
Development Plan Review (SDR-58313). If all applications are denied, the existing residential
use can remain; however, if the property is rezoned, then once the existing residential use ceases
it will not be allowed to be reestablished under the P-O (Professional Office) zoning district.

ISSUES

The site currently has a single-story multi-family structure that the applicant intends to
convert to an office building, which requires a Site Development Plan Review.
The site is zoned R-3 (Medium Density Residential). A Rezoning from R-3 (Medium Density
Residential) to P-O (Professional Office) is required to allow the applicant to convert the
existing multi-family structure to an office use.
A Variance to allow five parking spaces where 11 parking spaces are required has been
requested.
A Waiver of the Title 19.08.080 perimeter landscape requirement has been requested to
allow a zero-foot landscape buffer along a portion of the north and south property lines,
where an eight-foot buffer is required.
Two Exceptions of Title 19.08.110 are required to allow no parking lot fingers or trees in
islands at ends of the parking row.
The site has an existing chain link perimeter fence. The applicant is requesting to retain the
chain link perimeter fence along the south property line. This material is permitted if
approved in conjunction with a development plan.
There is a non-permitted shade structure on site. A complaint was filed with Code
Enforcement on 04/22/15.

MR

ZON-58518, VAR-58519 and SDR-58520 [PRJ-58313]


Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
A complaint (#126173) was filed with Code Enforcement for no trash service.
03/14/13
The complaint was resolved on 04/08/13.
Most Recent Change of Ownership
05/21/13
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
1953
The building was constructed.
A building (#90085124) was issued for a carport; however, the permit was not
10/04/90
finalized.
Pre-Application Meeting
A pre-application meeting was held with the applicant and the applicants
designated representative and the following was discussed:
1. The need to rezone the property from R-3 (Medium Density Residential)
to P-O (Professional Office) to allow for an office use.
The conversion of an existing multi-family building to an office building
requires a site development plan review.
2. Discussed the perimeter landscaping requirements.
3. The need for a parking Variance to allow five parking spaces or the
03/11/15
possibility of obtaining a shared parking agreement or alternative
parking agreement.
4. An Exception from the parking lot landscaping island and vegetation is
needed.
5. A need for a landscape buffer waiver on the north and south property
lines.
6. A street light convenant to be recorded.
7. A reversionary map to combine multiple lots into a single lot.
Neighborhood Meeting
A neighborhood meeting was not held, nor was one required.
Field Check
04/02/15

A field inspection was conducted on the subject site, which revealed that the
site contains an occupied multi-family building with a non-permitted shade
structure along the rear of the property.

MR

ZON-58518, VAR-58519 and SDR-58520 [PRJ-58313]


Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres
0.19
Surrounding
Property
Subject Property
North
South
East
West

Existing Land Use


Per Title 19.12
Multi-Family
Residential

Planned or Special
Land Use Designation

Parking Facility

MXU (Mixed Use)

Multi-Family
Residential
Church/House of
Worship
Multi-Family
Residential

MXU (Mixed Use)

MXU (Mixed Use)

Existing Zoning District


R-3 (Medium Density
Residential)
R-3 (Medium Density
Residential)
R-3 (Medium Density
Residential)

MXU (Mixed Use)

P-O (Professional Office)

MXU (Mixed Use)

R-4 (High Density


Residential)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
Live/Work Overlay District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
Compliance
Y
Compliance
N/A
Y
N/A
N/A

DEVELOPMENT STANDARDS
Pursuant to Title 19.08.050 , the following standards apply:
Standard
Required/Allowed
Provided
Compliance
Min. Lot Width
60 Feet
62.5 Feet
Y
Min. Setbacks
Front
20 Feet
27 Feet
Y
*
Side
20 Feet
11 Feet
Y*
27 Feet
30 Feet*
Y*
Rear
Max. Lot Coverage
50 %
39 %
Y
Max. Building Height
2 Stories
1 Story
Y
* A conversion from an existing residential structure may maintain the existing setbacks.

MR

ZON-58518, VAR-58519 and SDR-58520 [PRJ-58313]


Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

Pursuant to Title 19.08.050, the following standards apply:


Landscaping and Open Space Standards
Required
Standards
Ratio
Trees
Buffer Trees:
North
1 Tree / 20 Linear Feet
2 Trees
South
1 Tree / 20 Linear Feet
5 Trees
1 Tree / 20 Linear Feet
5 Trees
East

Provided

Compliance

0 Trees
4 Trees
3 Trees

N
N
N

7 Trees

0 Trees

TOTAL PERIMETER TREES


12 Trees
1 Tree / 6 Uncovered
Spaces, plus 1 tree at
Parking Area Trees
2 Trees
the end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
South
8 Feet
East
8 Feet
15 Feet
Wall Height
6 to 8 Feet Adjacent to Residential

0 Feet
0 Feet
28 Feet
6 Feet

N
N
Y
Y

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement

Use

Gross Floor
Area or
Number of
Units

Required
Provided
Parking
Parking
Parking
HandiHandiRatio
Regular
Regular
capped
capped

Office, Other
3,298 SF
1:300 SF
11
than Listed
11
TOTAL SPACES REQUIRED
10
Regular and Handicap Spaces Required
Percent Deviation (for VAR only)
*A parking Variance accompanies this application.
Waivers
Requirement
To provide an eight-foot wide
landscape buffer along the north
property line.

Request
To allow a zero-foot
wide landscape buffer
for a 131-foot portion
of the north property
line.

5
4

Complianc
e

N*
N*
45%

Staff Recommendation

Approval

MR

ZON-58518, VAR-58519 and SDR-58520 [PRJ-58313]


Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

Waivers
Requirement
To provide an eight-foot wide
landscape buffer along the
southern property line.

Exceptions
Requirement
Provide one five-foot wide
landscape finger and one 24inch box tree throughout the
parking lot (two total landscape
fingers for this site).
Provide one 24-inch box tree
and four five-gallon shrubs
every 20 linear feet in the
landscape buffer (12 total trees
and 48 shrubs are required).

Request
To allow a zero-foot
wide landscape buffer
65-foot portion of the
south property line.

Staff Recommendation

Request
To allow zero parking
lot landscaping fingers
and not provide a 24inch box tree in the
required parking lot
fingers.

Staff Recommendation

To allow seven trees


and 22 shrubs in the
landscape buffer areas

Approval

Approval

Approval

ANALYSIS
The 0.19-acre subject site is located near the southeast corner of Clark Avenue and 10th Street.
The applicant is requesting to convert an existing 3,298 square-foot multi-family use into a four
suite office building, which requires a Site Development Plan Review. The site is zoned R-3
(Medium Density Residential) and an office use requires the property to be rezoned to P-O
(Professional Office). The site does not have the minimum number or parking spaces required by
code for the proposed use; as such, a parking Variance is required. Also, there is a zero-foot wide
landscape buffer along portions of the north and south property lines, which requires two
landscape buffer Waivers and two landscape parking lot design Exceptions.
The General Plan designation of MXU (Mixed Use) allows for a mix of uses that are normally
allowed within the L (Low Density Residential), ML (Medium Low Density Residential), M
(Medium Density Residential), H (High Density Residential), O (Office), SC (Service
Commercial), and GC (General Commercial) Master Plan land use categories. The proposed
zone change from R-3 (Medium Density Residential) to P-O (Professional Office) is consistent
with the General Plan. The existing neighborhood is transition from a residential neighborhood
to office district. The properties to the west are zoned P-O (Professional Office). The requested
zone change is consistent with the neighborhood and the General Plan. As such, staff supports
the rezoning application.
MR

ZON-58518, VAR-58519 and SDR-58520 [PRJ-58313]


Staff Report Page Six
May 12, 2015 - Planning Commission Meeting

The existing building faade will remain unchanged with one exception. The permitted but not
finalized (or non-permitted) attached carport at the rear of the property will be removed. The
interior of the existing building will be brought in conformance with current code requirements.
The four-unit apartment complex will be four office suites. A Condition of Approval was added
to ensure the building is properly addressed.
There is a residential property to the north and south that require a minimum six-foot tall screen.
The site plan indicates that the existing block wall four feet tall along the northern property line;
however, the wall steps up from four feet at front yard setback to over seven feet at the rear of
the property. Also, the applicant has proposed to utilize the existing chain link fence that meets
the minimum height requirement. Title 19.08.040 (G)(3)(a) prohibits the use of chain link
fencing unless approved as part of an overall plan. This Site Development Plan Review fulfills
that requirement and if approved a condition of approval has been added to ensure the chain link
fencing is in good condition and meets Title 19 wall minimum requirements. Staff does not
support the use of chain link fencing as screening material, as it does not adequately screen the
adjacent property and is unsightly and utilitarian in nature. Additionally, the site does not have a
trash enclosure and the development plan has not proposed one; as such, a Condition of
Approval has been added to ensure that a waste management company will allow curb-site
garbage pickup for the proposed office use.
Public Works noted that this site may require mapping and recommend that the Department of
Planning impose the condition that the applicant shall coordinate with the City Surveyor and
other city staff to determine the most appropriate mapping action necessary to consolidate the
existing lots. The mapping action shall be completed and recorded prior to the issuance of any
building permits. A condition of approval has been added to ensure this occurs.
This application was properly noticed and the Las Vegas Valley Water District returned the
following comments: This 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 required backflow
prevention.
Vehicle circulation is limited to the alley rear parking lot. Pedestrian egress and ingress is
provided along 10th Street and from the rear alley. The applicant has indicated that they are
attempting to negotiate a shared parking agreement for the adjacent property to the north. Said
property is a house of worship parking lot. The house of worship located 501 South 9th Street
constructed the parking lot in the 1960s; however, a shared parking agreement does not exist.
Without a shared parking agreement a parking Variance is required to allow a 55 percent
reduction (or five parking spaces where 11 are required) of the on-site parking requirement.
Staff does not support this Variance.

MR

ZON-58518, VAR-58519 and SDR-58520 [PRJ-58313]


Staff Report Page Seven
May 12, 2015 - Planning Commission Meeting

Title 19.08.040(F)(9)(a) allows curb cuts to encroach in the required buffer zone. The alley to
the west is one continuous curb cut and therefore does not require a landscape Waiver. However,
two Waivers from Title 19.08.040 are required to allow a zero-foot landscape buffer where eight
feet is required on a 131-foot long portion of the north property line and 70-foot long portion of
the south property line. Also, two Exceptions to Title 19.08.110 are required to allow no parking
lot landscape fingers or vegetation. Staff supports the requested Waivers and Exceptions, as the
requests are for existing site conditions and the applicant has proposed some improvements.
The perimeter landscaping is a mix of existing drought tolerant landscaping and proposed
landscaping. The existing California Fan Palms, Oleander, Lantana, Bottle Brush, Birds of
Paradise and mystery shrubs combined with the proposed 24-inch box trees and five gallon
shrubs will improve the street experience along 10th Street; however, the existing and proposed
vegetation falls short of complying with code requirements.
The conversion of a less intense use (multi-family residential) to a more intense use (an office)
requires additional parking. The applicant can redesign the existing site to provide the required
parking, obtain a shared parking agreement or request a parking Variance. The applicant is
requesting a parking Variance. Said parking Variance reinforces the unsuitability of the Site
Development Plan Review for this location. Staff recommends denial of both the Variance
(VAR-58519) and Site Development Plan Review (SDR-58520) requests. If all applications are
denied, the existing residential use can remain; however, if only the Rezoning (ZON-58518)
application is approved, then once the existing residential use ceases it will not be allowed to be
reestablished under the P-O (Professional Office) zoning district.

FINDINGS (ZON-58518)
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.

The proposal conforms to the General Plan.


The proposed P-O (Professional Office) zoning classification is in conformance with the
MXU (Mixed Use) Land Use designation of the General Plan for the subject site.

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 site is located in an area along 10th Street that is a mix of office, residential, and civic
uses. The proposed P-O (Professional Office) zoning district is appropriate for this site, as
typical uses in P-O (Professional Office) zoning district are intended to allow for office
uses in an area which is predominantly residential but because of traffic and other

MR

ZON-58518, VAR-58519 and SDR-58520 [PRJ-58313]


Staff Report Page Eight
May 12, 2015 - Planning Commission Meeting

factors is no longer suitable for the continuation of low density residential uses. The PO zoning district allow for the office uses, which the applicant is requesting.
3.

Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
The applicant intent is to repurpose the existing site for an office use. The Rezoning of the
site is consistent and appropriate for this area as, the area has been transitioning from
residential to commercial uses over a period of many years.

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 site fronts 10th street with alley access to Clark Avenue and Bonneville Avenue and
pedestrian access to 10th Street. The existing streets and alley provides adequate access for
the proposed office use.

FINDINGS (VAR-58519)
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.

Permit a use in a zoning district in which the use is not allowed;


Vary any minimum spacing requirement between uses;
Relieve a hardship which is solely personal, self-created or financial in nature.

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
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 convert an existing residential structure
without providing the required minimum parking. Alternatively, the existing structure could be
altered and the site could be redesigned to provide the minimum parking required by code or an

MR

ZON-58518, VAR-58519 and SDR-58520 [PRJ-58313]


Staff Report Page Nine
May 12, 2015 - Planning Commission Meeting

alternative parking agreement could be obtain to provide the deficient six required parking
spaces. 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 (SDR-58520)
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.

The proposed development is compatible with adjacent development and


development in the area;
The conversion of the existing multi-family structure as proposed is not compatible with
the adjacent residential, office and civic uses, as the proposed office is beyond the sites
physical capacity. The associated parking Variance (VAR-58519) reinforces the
unsuitability of the proposed development.

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 office conversion is not in compliance with Title 19 for the proposed use. A
parking Variance is required, as the site fails to provide adequate parking. Two Waivers
are required to allow zero-foot wide landscape buffers along a portion of the north and
south property lines. Exceptions are required to reduce the number of trees and shrubs in
the north, south and east landscape buffer and not to provide any landscaping in the
parking lot. Staff supports the requested Waivers and Exceptions, as they are a result of
existing site conditions; however staff does not support the requested parking Variance.
The parking Variance illustrates the site is overbuilt for an office use.

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
There is pedestrian access to the site along 10th Street, and vehicle and pedestrian access is
provided by an alley. The alley has direct access to Clark Avenue and Bonneville Avenue;
both Clark and Bonneville are classified as 80-foot wide Major Collectors. The proposed
development should not negatively impact the adjacent roadways.

4.

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

MR

ZON-58518, VAR-58519 and SDR-58520 [PRJ-58313]


Staff Report Page Ten
May 12, 2015 - Planning Commission Meeting

The building and part of the existing landscape will remain unchanged. The removal of the
non-permitted shade structure is an improvement to the site. The proposed landscaping
will enhance the site; however, the existing chain link fence does not adequately buffer the
protected adjacent residential property.
5.

Building elevations, design characteristics and other architectural and aesthetic


features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;
The building elevations document the existing building and site structures. The removal of
the patio cover will clean up an unsightly structure. The existing building is not unsightly,
undesirable or obnoxious in appearance; however, the parking variance reinforces the
unsuitability of this project at the proposed location.

6.

Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
A number of conditions of approval have been added to ensure public health. The facility
will be subject to the required reviews for building permits and a final inspection prior to
the issuance for a Certificate of Occupancy, and therefore will not compromise the health,
safety and general welfare.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

43

NOTICES MAILED

162 - ZON-58518 & VAR-58519


162 - SDR-58520

APPROVALS

1 - ZON-58518 & VAR-58519


0 - SDR-58520

PROTESTS

0 - ZON-58518 & VAR-58519


0 - SDR-58520

MR

ZON-58518

PRJ-58313
03/25/15

ZON-58518
05/12/15 PC

PRJ-58313
03/25/15

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ZON-58518, VAR-58519 and SDR-58520 - REVISED

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ZON-58518, VAR-58519, & SDR-58520

AAAA

ZON-58518 [PRJ-58313] - REZONING RELATED TO VAR-58519 AND SDR-58520 -APPLICANT: BEACH


CITIES INVESTMENTS - OWNER: SARAH ANN JOHNSON, ET AL
510 SOUTH 10TH STREET
04/13/15

ZON-58518 [PRJ-58313] - REZONING RELATED TO VAR-58519 AND SDR-58520 -APPLICANT: BEACH


CITIES INVESTMENTS - OWNER: SARAH ANN JOHNSON, ET AL
510 SOUTH 10TH STREET
04/13/15

ZON-58518 [PRJ-58313] - REZONING RELATED TO VAR-58519 AND SDR-58520 -APPLICANT: BEACH


CITIES INVESTMENTS - OWNER: SARAH ANN JOHNSON, ET AL
510 SOUTH 10TH STREET
04/13/15

ZON-58518 [PRJ-58313] - REZONING RELATED TO VAR-58519 AND SDR-58520 -APPLICANT: BEACH


CITIES INVESTMENTS - OWNER: SARAH ANN JOHNSON, ET AL
510 SOUTH 10TH STREET
04/13/15

Rezoning S ubmittal
Letter of Justification
S ubmittal Date: S eptember 22, 201 4
th

5 1 0 Sou th 1 0 Street # D

L a s Vega s

N V 891 01

P h . 3 1 0-61 9-681 2

F a x 3 1 0-3 2 7-1 41 5

Dear City of Las Vegas,


S ubject Location: 5 1 0 S . 1 0 th S treet, Las Vegas, Nevada 8 91 01
Parcel Number: 1 3 9-3 4-8 1 0-090

Beach Cities Investments is asking for a site development plan review to convert the existing residential building into an

office building. S aid property is currently in an R-3 zone and is requesting a change to the zone to P-O.
The proposed subject property is also dressed with appropriate landscape fit for the building. Beach Cities Investments is

requesting a landscape buffer so that the landscape may be a 0-foot buffer along the North property line and a portion of

the S outh property line.

Beach Cities Investments is requesting a Variance waiver for parking to accommodate 5 parking spaces compared to the

eleven, for the North, East and S outh sides of said property.
Beach Cities Investments intends to utilize the space for professional offices to assist the company s administrative

sector. The intent of the office usage is to have a low volume of direct daily contact with customer and clients. Beach

Cities Investments intends for the office space to be equipped with the appropriate secured cabinets to house documents

and records for administrative purposes only.


Beach Cities Investments intends to use the professional office space to house hospice administration that operates any

time deem appropriately fit between the hours of 6: 00am and 8 : 00pm. Beach Cities Investments plans to work with an

approved hospice care groups who work with Nevada Medicaid and Nevada Medical to ensure the best quality of life.
The legal description of the proposed subject location is:
THE NORTH HALF (N 1 /2) OF LOT TWENTY-S IX (26) AND ALL OF LOTS TWENTY-S EVEN (27) AND

TWENTY-EIGHT (28 ) IN BLOCK NINETEEN (1 9) OF WARDIE ADDITION TO LAS VEGAS , AS S HOWN BY

MAP THEREOF ON FILE IN BOOK 1 OF PLATS , PAGE 1 3 , IN THE OFFICE OF THE COUNTY OF RECORDER

OF CLARK COUNTY, NEVADA, AND LOTS FIVE (5 ) AND S IX (6) AND THE NORTH HALF (N 1 /2) OF LOT

S EVEN (7) IN BLOCK TWENTY-THREE (23 ) OF PIONEER HEIGHTS ADDITIONS TO LAS VEGAS , NEVADA,

AS S HOWN BY MAP THEREOF ON FILE IN BOOK 1 OF PLATS , PAGE 3 5 , IN THE OFFICE OF THE COUNTY

RECORDER OF CLARK COUNTY, NEVADA.


Commonly known as: 5 1 0 S . South 1 0 th S treet, Las Vegas, Nevada 8 91 01
The proposed subject property is near the Downtown Las Vegas area and is also located near the U. S . Highway

95 /Interstate 5 1 5 .

Beach Cities Investments extends gratitude to the City of Las Vegas Planning Commission and its affiliates for

considering our proposed and justification letter. If I may be of any further assistance, feel free to directly contact me at

3 1 0-61 9-68 1 2 or wja06@earthlink. net.


S incerely,
S heila Alexander
Project Contract Representative

PRJ-58313
03/30/15

ZON-58518, VAR-58519 & SDR-58520

Agenda Item No.: 35.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
VAR-58519 - VARIANCE RELATED TO ZON-58518 - PUBLIC HEARING - APPLICANT:
BEACH CITIES INVESTMENTS - OWNER: SARAH ANN JOHNSON, ET AL - For possible
action on a request for a Variance TO ALLOW FIVE PARKING SPACES WHERE 11 SPACES
ARE REQUIRED FOR A PROPOSED OFFICE, OTHER THAN LISTED USE on 0.19 acres at
510 South 10th Street (APN 139-34-810-090), R-3 (Medium Density Residential) Zone
[PROPOSED: P-O (Professional Office)], Ward 3 (Coffin) [PRJ-58313]. Staff recommends
DENIAL.
C.C.: 6/17/2015
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

VAR-58519

PRJ-58313
03/25/15

VAR-58519
05/12/15 PC

PRJ-58313
03/25/15

Agenda Item No.: 36.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
SDR-58520 - SITE DEVELOPMENT PLAN REVIEW RELATED TO ZON-58518 AND VAR58519 - PUBLIC HEARING - APPLICANT: BEACH CITIES INVESTMENTS - OWNER:
SARAH ANN JOHNSON, ET AL - For possible action on a request for a Site Development
Plan Review TO CONVERT AN EXISTING 3,298 SQUARE-FOOT MULTI-FAMILY
RESIDENTIAL BUILDING TO AN OFFICE BUILDING WITH WAIVERS TO ALLOW A
ZERO-FOOT WIDE LANDSCAPE BUFFER ALONG A PORTION OF THE NORTH AND
SOUTH PROPERTY LINES WHERE AN EIGHT-FOOT LANDSCAPE BUFFER IS
REQUIRED on 0.19 acres at 510 South 10th Street (APN 139-34-810-090), R-3 (Medium
Density Residential) Zone [PROPOSED: P-O (Professional Office)], Ward 3 (Coffin) [PRJ58313]. Staff recommends DENIAL.
C.C.: 6/17/2015
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

SDR-58520

PRJ-58313
03/25/15

SDR-58520
05/12/15 PC

PRJ-58313
03/25/15

SDR 58520
Beach Cities Investments

510 S. 10th Street


Proposed 3.298 thousand square foot office building.
Traffic produced by proposed development:
DESCRIPTION

Existing Use

#UNIT

Average Daily Traffic (ADT)


AM Peak Hour

SINGLE FAMILY DETACHED [DWELL]

DESCRIPTION

Proposed Use

#UNIT

Average Daily Traffic (ADT)


3.298

PM Peak Hour

DESCRIPTION

Net Change

#UNIT

Average Daily Traffic (ADT)


AM Peak Hour

RATE/#
UNIT

TOTAL

1.49

36
5
5

RATE/#
UNIT

TOTAL

1.56

11.03
GENERAL OFFICE BUILDING [1000 SF]

PM Peak Hour

3.298

1.56
1.49

Existing traffic on all nearby streets:


Bonneville Ave
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

1,792
143

Clark Ave
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

1,253
100

Bonneville Ave
Clark Ave

1.00

0.75

11.03
GENERAL OFFICE BUILDING [1000 SF]

TOTAL

10
1
1

9.52

PM Peak Hour

AM Peak Hour

RATE/#
UNIT

26
4
4

Adjacent Street ADT Capacity


20,700
20,700

This project is expected to add about 26 trips per day on 10th St., Bonneville Ave. & Clark Ave. Currently, Bonneville is at
about 9 percent of capacity and Clark is at about 6 percent of capacity. With this project, these capacities are expected to
remain unchanged. Counts are not available for 10th Street in this vicinity, but it is believed to be under capacity.
Based on Peak Hour use, this project will add about 4 trips in the peak hour, or about one every fifteen minutes.
Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 37.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
VAR-58410 - VARIANCE - PUBLIC HEARING - APPLICANT: PAYLESS TIRE SHOP OWNER: 530 HOLDINGS, LLC - For possible action on a request for a Variance TO ALLOW
NINE PARKING SPACES WHERE 11 SPACES ARE REQUIRED FOR AN EXISTING
AUTO REPAIR GARAGE, MINOR USE on 0.37 acres at 530 North Las Vegas Boulevard
(APN 139-27-804-001), C-2 (General Commercial) Zone, Ward 5 (Barlow) [PRJ-57975]. Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-58410, VAR-58411 and SDR-58412 [PRJ-57975]
2. Conditions and Staff Report - VAR-58410, VAR-58411 and SDR-58412 [PRJ-57975]
3. Supporting Documentation - VAR-58410, VAR-58411 and SDR-58412 [PRJ-57975]
4. Photo(s) - VAR-58410, VAR-58411 and SDR-58412 [PRJ-57975]
5. Justification Letter - VAR-58410, VAR-58411 and SDR-58412 [PRJ-57975]

VAR-58410, VAR-58411 and SDR-58412 [PRJ-57975]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: PAYLESS TIRE SHOP - OWNER: 530
HOLDINGS, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-58410
VAR-58411
SDR-58412

RECOMMENDATION
Staff recommends this item be STRICKEN from the
record.
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:

REQUIRED FOR
APPROVAL
N/A

N/A
VAR-58411

** CONDITIONS **

VAR-58411 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-58412) shall be required, if approved.

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.

MR

VAR-58410, VAR-58411 and SDR-58412 [PRJ-57975]


Conditions Page Two
May 12, 2015 - Planning Commission Meeting

SDR-58412 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Variance (VAR-58411)


shall be required, if approved.

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 signage shall be permitted and meet minimum code requirements within 30 days of
final approval.

4.

All development shall be in conformance with the site plan and building elevations, date
stamped 04/23/15, except as amended by conditions herein.

5.

An Exception from Title 19.08.110(12)(b) is hereby approved, to allow no parking lot


landscape fingers where two trees are required.

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.

7.

These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.

8.

All City Code requirements and design standards of all City Departments must be satisfied,
except as modified herein.
Public Works

9.

Prior to the issuance of any building permits, grant a 10-foot Roadway Easement along Las
Vegas Boulevard North and Bonanza Road. Additionally, grant a 40-foot Roadway Chord
Easement at the southeast corner of Las Vegas Boulevard North and Bonanza Road.

10.

In accordance with code requirements of Title 13.56, remove all substandard offsite
improvements, if any, and replace with new improvements meeting Current City Standards
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.

MR

VAR-58410, VAR-58411 and SDR-58412 [PRJ-57975]


Conditions Page Three
May 12, 2015 - Planning Commission Meeting

11.

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

12.

Submit an Encroachment Agreement for landscaping and private improvements, if any, in


the Bonanza Road or Las Vegas Boulevard North public rights-of-way prior to this
issuance of permits for these improvements. The applicant must carry an insurance policy
for the term of the Encroachment Agreement and add the City of Las Vegas as an
additionally insured entity on this insurance policy. If requested by the City, the applicant
shall remove property encroaching in the public right- of way at the applicant's expense
pursuant to the terms of the City's Encroachment Agreement. The installation and
maintenance of all private improvements in the public right of way shall be the
responsibility of the adjacent property owner(s) and shall be transferred with the sale of the
property for the entire term of the Encroachment Agreement. Coordinate all requirements
for the Encroachment Agreement with the Land Development Section of the Department of
Building and Safety (229-4836).

13.

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.

MR

VAR-58410, VAR-58411 and SDR-58412 [PRJ-57975]


Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The subject site is located on the southeast corner of Bonanza Road and Las Vegas Boulevard.
The applicant is requesting a Site Development Plan Review (SDR-58412) to modify the
existing site circulation and the basic relationship of the uses with surrounding property. The
outdoor storage is within in the side yard setback area, thus requiring a setback Variance (VAR58411) to allow a zero-foot side yard setback where 10 feet is required. A second Variance is
required to allow a five-foot tall screen wall for outdoor storage where eight feet is required.
Additionally, Exceptions are needed to allow no parking lot landscape islands and vegetation.
The two variances and two exceptions reinforce the unsuitability of this plan. The applicant has
created a self-imposed hardship by overbuilding the site; therefore, staff recommends denial of
all applications. If the applications are denied the applicant will have to remove all the existing
outdoor storage containers or properly screen the containers and place them in a manner that
conforms to current code requirements.

ISSUES

The site is an Auto Repair Garage, Minor use (a tire shop) from a repurposed service station.
The site has outside storage (cargo containers) adjacent to the east property line and the rear
of the existing building. Two barriers (fencing and gates) were constructed to restrict access
to this area. The redesign changes the basic relationship of the site and parking configuration,
which requires a Site Development Plan Review.
A Variance is required to allow a five-foot block wall where an eight-foot block wall is
required for outdoor storage.
A Variance is required to allow a zero-foot side yard setback where 10 feet is required.
Exceptions of Title 19.08.110 are required to allow no parking lot trees in islands or at ends
parking rows.
There is a Code Enforcement complaint open for sign violations, one of which is for an OffPremise sign on Las Vegas Boulevard.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
A complaint (#87533) was filed with Code Enforcement for numerous
03/18/10
unpermitted temporary sign at 530 North Las Vegas Boulevard. The
complaint was resolved on 05/21/10.

MR

VAR-58410, VAR-58411 and SDR-58412 [PRJ-57975]


Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Related Relevant City Actions by P&D, Fire, Bldg., etc.


Department of Planning staff issued a Temporary Sign Permit (TSP-38142)
for one portable sign, five temporary banners and six flags in conjunction
04/29/10
with the grand opening of an Auto Repair Garage, Minor (Tire Service and
Sales) at 530 North Las Vegas Boulevard. The permit was valid between
05/07/10 and 07/01/10.
A complaint (#92575) was filed with Code Enforcement for temporary signs
03/18/10
displayed on an expired Temporary Sign Permit at 530 North Las Vegas
Boulevard. The complaint was resolved on 07/09/10.
A complaint (#104286) was filed with Code Enforcement for an occupancy
08/01/11
investigation at 530 North Las Vegas Boulevard. The complaint is open as of
04/23/15.
A complaint (#118710) was filed with Code Enforcement for non-permitted
08/21/12
signage at 530 North Las Vegas Boulevard. The complaint was resolved on
10/29/12.
A complaint (#140106) was filed with Code Enforcement for trash and debris,
outdoor storage of tires and taco stand with food out of the bins and the
04/15/14
business operating 24-hour a day at 530 North Las Vegas Boulevard. The
complaint was resolved on 06/26/14.
A complaint (#114313) was filed with Code Enforcement for sign violations
08/10/14
at 530 North Las Vegas Boulevard. The complaint is open as of 04/23/15.
Most Recent Change of Ownership
06/17/09
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
1960
The structure was built.
A building permit (#91099225) was issued for a fuel canopy at 530 North Las
03/04/91
Vegas Boulevard. A final inspection was issued 03/06/91.
A building permit (#9110144) was issued for a remodel at 530 North Las
03/29/91
Vegas Boulevard. The permit was finalized on 10/15/91.
A building permit (#159161) was issued for a Non-Work Certificate of
03/10/10
Occupancy at 530 North Las Vegas Boulevard. The permit was finalized on
03/26/10.
An application was made (#159691) for a building permit for non-illuminated
03/29/10
wall signs at 530 North Las Vegas Boulevard; however, no permit was issued
as of 04/23/15.
A business license (A55-00288) was issued for Automotive Garage/Service
04/08/10
Station (Minor) was issued at 530 North Las Vegas Boulevard. The license is
active as of 04/23/15.

MR

VAR-58410, VAR-58411 and SDR-58412 [PRJ-57975]


Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Related Building Permits/Business Licenses


A business license (O07-00023) was issued for Open Air Vending was issued
05/03/11
at 530 North Las Vegas Boulevard. The license is active as of 04/23/15.
A building permit (#193325) for a tenant improvement for Certificate of
08/16/11
Occupancy was applied for at 530 North Las Vegas Boulevard; however, the
permit has not been issued as of 04/23/15.

Pre-Application Meeting
A pre-application meeting was held with the applicant and the applicants
designated representative and the following was discussed:

03/17/15

1. The submittal requirements for a Site Development Plan Review to


allow the reconfiguration of the site and the addition of outside storage.
2. The need for a parking Variance because the site parking was reduced
from the minimum required.
3. The need for a Variance to allow a wall height of five feet where eight
feet is required for outdoor storage.
4. The need to reface the existing off-premise sign or meet with the City
Surveyor to determine the best means to remove the sign from the
property.

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

Field Check

04/02/15

Staff conducted a routine field check of the subject site. The non-permitted
Off-Premise sign still exists. Also, there are number of cargo containers on
the southern property line and the site is quite active with vehicles and people
coming and going. It was also noted that a number of people gathered around
the existing taco cart on the north end of the site are in a direct ingress and
egress path along Las Vegas Boulevard and Bonanza Road.

Details of Application Request


Site Area
Net Acres
0.37

MR

VAR-58410, VAR-58411 and SDR-58412 [PRJ-57975]


Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

Surrounding
Property

Subject Property

Existing Land Use


Per Title 19.12
Auto Repair Garage,
Minor
Outdoor Storage
Open Air Outdoor
Vending/ Transient
Sales Lot

Planned or Special
Land Use Designation

Existing Zoning District

MXU (Mixed Use)

C-2 (General
Commercial)

C-1 (Limited
Commercial)

General Retail
North

MXU (Mixed Use)

South

Social Service
Provider
Hotel, Residence
Freeway

East

Hotel, Residence

MXU (Mixed Use)

West

Public Park or
Playground (Indoor
Swimming pool)

PF (Public Facilities)

Right-of-Way

C-2 (General
Commercial)
Freeway
C-2 (General
Commercial)
C-V (Civic)

Master Plan Areas


Downtown North Plan
Special Purpose and Overlay Districts
A-O (Airport Overlay) District (200 Feet)
Las Vegas Boulevard Scenic Byway Overlay District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
Y
Compliance
Y
N
Compliance
N/A
Y
N/A
N/A

DEVELOPMENT STANDARDS
Pursuant to Title 19.08.080, the following standards apply:
Standard
Required/Allowed
Min. Setbacks
Side
10 Feet
Corner
10 Feet
20 Feet
Rear
Max. Lot Coverage
50 %

Provided

Compliance

0 Feet
35 Feet
20 Feet
16%

N
Y
Y
Y

MR

VAR-58410, VAR-58411 and SDR-58412 [PRJ-57975]


Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement

Use

Gross Floor
Area or
Number of
Units

Complian
Required
Provided
ce
Parking
Parking
Parking
HandiHandiRatio
Regular
Regular
capped
capped
5 SP Plus
11
1:200 SF

Auto Repair
1,046 SF
Garage, Minor
Outdoor
6 Cargo
0
Storage
Containers
Open Air
Outdoor
Vending/
1 vender
0
Transient
Sales Lot
TOTAL SPACES REQUIRED
Regular and Handicap Spaces Required
Loading
1
Spaces
Exceptions
Requirement
Provide one five-foot wide
landscape finger and one 24inch box tree and four, fivegallon shrub for each tree
throughout the parking lot (two
total landscape fingers for this
site).

11
10

12
11

1
1

Y
Y
Y

Request

Staff Recommendation

To allow no parking lot


landscaping fingers or
vegetation.

Denial

ANALYSIS
A new business owner has moved into the subject site and inherited a number of land use and
Code Enforcement issues. The site is located at 530 North Las Vegas Boulevard, within a C-2
(General Commercial) zoning district. There is an existing Auto Repair Garage, Minor use on
site. The site was developed in 1960 and a number of businesses have utilized the site. This
application is to redesign the basic relationship of the use with the adjacent properties. The
applicants initial development plan required a parking Variance, two setback Variances and a
wall height Variance; however, after working with staff and resubmitting plans after public
notices were published, the parking Variance and one of the two setback Variances were
eliminated.
MR

VAR-58410, VAR-58411 and SDR-58412 [PRJ-57975]


Staff Report Page Six
May 12, 2015 - Planning Commission Meeting

There is an Off-Premise Sign on site that is in violation Title 19 and the Las Vegas Boulevard
Scenic Byway Overlay (Title 19.10.106). Per Title 19.10.160(C)(3) states: Off-premise signs
are not permitted within the Las Vegas Boulevard Scenic Byway Overlay District. No waiver or
Variance from this prohibition is available. There is an open Code Enforcement case for this
violation. The applicant is attempting to resolve this issue. To ensure compliance, a Condition of
Approval has been added that all signage shall meet code with 30 days.
The proposed site plan is better than what currently exists and comes closer to complying with
most of Title 19 requirement. The proposed location of the outdoor storage containers will allow
for unimpeded access throughout the rear of site. However, Title 19.08.040(E)(4)(e)(i) requires
outdoor storage to have the same setbacks as a building in the propertys zoning district. Due to
the size of the containers they will be located on or close to the side property line, which requires
a zero-foot setback Variance (VAR-58411) where 10 feet is required. Also, Title
19.08.040(E)(4)(e)(iv) requires screening to consist of a solid structure that is at least eight feet
in height including, but not limited to, a building or wall. The cargo containers are adequately
screened to the south by an existing chain link fence, the west by a wrought iron fence and a
proposed eight-foot tall wrought iron to the north; however, there is a five-foot block wall to the
east that does not meet the minimum screening requirements. A Variance is required to allow a
five-foot tall screen wall where eight feet is required. Staff does not support the requested
setback Variance and screening Variance.
The proposed parking configuration is consistent with what was originally approved in 1960;
however, the parking spaces along the southern property line are new and require landscape
fingers and vegetation. Title 19.08.110 requires an Exception to allow no landscape islands
where two are required and no landscaping where two 24-inch box trees and eight, five-gallon
shrubs are required. Staff does not support the requested Exceptions.
A congestion point exists on the northeast corner of the site with the existing Open Air Outdoor
Vending cart and the northern most and most western ingress and egress points. Said access
points have the possibility of a vehicle pedestrian conflict. The applicant may want to limit
access from these driveways when there are crowds around the taco cart.
This application was properly noticed and the Las Vegas Valley Water District returned the
following comments: This 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 required backflow
prevention.
Although, the applicant has worked diligently with staff and submitted a number of revisions this
project is still not in conformance with Title 19 Development Standards due to the overdevelopment of the site. Staff recommends denial of all applications due to the number of
Variances and Exceptions required; however, if approved it will be subject to conditions. If these
requests are denied, then the applicant will have to remove the outdoor storage or screen and
configure cargo containers in a manner that complies with code requirements.
MR

VAR-58410, VAR-58411 and SDR-58412 [PRJ-57975]


Staff Report Page Seven
May 12, 2015 - Planning Commission Meeting

FINDINGS (VAR-58411)
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.

Permit a use in a zoning district in which the use is not allowed;


Vary any minimum spacing requirement between uses;
Relieve a hardship which is solely personal, self-created or financial in nature.

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
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 place outdoor storage containers within the
required setback area with proper screening. Alternatively, the applicant could reduce the
number of outdoor storage containers on-site, locate said containers in a manner that would meet
minimum setback requirements, and provide a minimum eight-foot tall screen wall on all sides
of the outdoor storage, which would allow conformance 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 (SDR-58412)
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.

The proposed development is compatible with adjacent development and


development in the area;
The proposed development is not compatible with the adjacent commercial uses. The
amount of existing outdoor storage on site is beyond the sites physical capacity. The
associated setback and wall height Variances reinforce the unsuitability of this
development.
MR

VAR-58410, VAR-58411 and SDR-58412 [PRJ-57975]


Staff Report Page Eight
May 12, 2015 - Planning Commission Meeting

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 commercial development is not is in compliance with the C-2 (General
Commercial) development standards for the outdoor storage setbacks and screening
requirements. Also, Exceptions are required to allow the deficiency in required parking lot
fingers and landscaping.

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
Access to the site is a provided by Las Vegas Boulevard and Bonanza Road. Both streets
are classified as 100-foot wide Primary Arterial. Primary ingress is on Las Vegas
Boulevard with secondary access on Bonanza Road. Staff finds that site circulation for the
commercial development is problematic, as there may be vehicle pedestrian congestion
points on the northwest corner of the site. The remaining site circulation is consistent with
similar Auto Repair Garage, Minor uses in the valley.

4.

Building and landscape materials are appropriate for the area and for the City;
No landscape material is proposed and the cargo containers utilized for outdoor storage are
universal units utilized throughout the valley and world to store and transport goods;
however, the lack of adequate screening along the eastern property line reinforces the
unsuitability of the outdoor containers at this location.

5.

Building elevations, design characteristics and other architectural and aesthetic


features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;
The outdoor storage is improperly screened and therefore unsightly.

6.

Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
A number of Conditions of Approval have been added to ensure public health, the facility
will be subject to the required reviews for building permits and a final inspection prior to
therefore will not compromise the health, safety and general welfare.

MR

VAR-58410, VAR-58411 and SDR-58412 [PRJ-57975]


Staff Report Page Nine
May 12, 2015 - Planning Commission Meeting

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

26

NOTICES MAILED

128 - VAR-58410 & VAR-58411


128 - SDR-58412

APPROVALS

0 - VAR-58410 & VAR-58411


0 - SDR-58412

PROTESTS

0 - VAR-58410 & VAR-58411


0 - SDR-58412

MR

S TA TE M E N T O F FIN A N C IA L IN TE R E S T

C ase N um ber:

VAR-58510

4p5. 139-27-804-001

O w ner: -5.3O /$p/y'thq K ,


L&
J

N am e of P roperty

N am e of A pplicant: P A Y LE S S TIR E S H O P

N am e of R epresentative: JO S E M A R E V A LO /C O N S U LTIN G 89103, IN C

To the best of your know ledge, does the M ayor or any m em ber of the C ity C ouncil or

P lanning C om m ission have any financial interest in this or any other property w ith the

property ow ner, applicant, the property ow ner or applicant's general or lim ited partners, or

an officer of their corporation or lim ited liability com pany?

I Y "s

F*"

If yes, please

indicate the m em ber of the C ity C ouncil or P lanning C om m ission w ho is


involved and list the nam e(s) of the person or persons w ith w hom the C ity O fficial holds

an interest. A lso list the A ssessor's P arcelN um ber if the property in w hich the interest is
held is different from the case parcel.

C ity O fficial:

P aftner(s):

A P N : 139-27-804-001

S ignature of P roperty O w ner:

S ubscribed and sw orn before m e

usA cl.{R rsTrN E JoH N soN

N ofsry P ubllc S totc of N cvudo

N o; l0-3fl)2.1

otary P ublic

unty and S tate

M y appf. exp. O

c. 7,2O lE

PRJ-57975

R evised 11-14-06

l:\depoM pplication P acket\S tatem ent of Financial Interest,pdf

03/19/15

A P P LIC A TIO N / P E TITIO N FO R M


A pplication/P etition For:

P rojectA ddress 1l,o.utiont'99N LA S V E G A S


P roject tqrm . P A Y LE S S TIR E S H O P

Fffi

proposed U se

139-27-804-001

W ard #
G eneralP lan:existing_---+roposed7,oning:existing-proposed

A ssessorrs P arcel #(s)

C om m ercial S quare Footage 3S g S O FT


G ross A cres 0 37

Lots/U nits

Floor A rea R atio

A dditional Inform ation

-D ensity

LLC

C ontact

g as, P hone:702.ffr"ts::d.ax: ZD Q . % 7* e-36


A ddress -zz-a- P ^ zrl'<e

pR O pE R Ty O W N E R 530 H O LD IN G S

C ity /a-' \k4n',

\; bo"r.ar d-r, ',


E -m ail A ddress

,
S t^te tuN
,-aoni,S , ar*'f

A P P LIC A N T P A Y LE S S TIR E S H O P

Zip_gr?/._

C ontact IV A N V A LE N ZU E LA

A ddress 530 N LA S V E G A S B LV D

S tate N V

E -m ail A ddress

R E P R E S E N TA TIV E C O N S U LTIN G 89103, IN


A ddress 400 S 4TH S T S TE

270

C ity LA S V E G A S
E -m ait A ddress jm a@ consulting39l 03.com
inaccuracies in inforrnation presented, and lhat inaccuraoies, false

C ontact JO S E M A R E V A LO

p5on.. (702)ee8-a080 F.ax, 002)441-0884


S tate N V

Zip 89101

application m ay cause the application to be rejected. I further celtii/ that I arn the ow ner or purchaser

(or option holder) ofthe property involved in this application,

m ake this subrnission, as iudioated by the ow ner's signature below

P roperty O w ner S ignature*

FO R D E P A R TM E N T A S E O N LY

for Fitral M aps, Tentative M aps, m d P arcel

S ubscribed and sw orn before m e

C ase #
VAR-58410

M eeting D ate:
05/12/15 PC

TotalFee:

D ate R eceived:*

R eceived B y:

N otary P ublic in and for said


R evised l0/27108

and S tate

U S A C H R IS TIN T IoH N S O N

N otsry Fublic S tofc of X ew do

i.{s. 10.3002.1

M y oppt. axp. O ct. 7, 2018

gThe application w ill not be deerned cornplete until the


subrnitted m aterials have been review ed by the
PRJ-57975
D epartlnent ofP lannirrg for consistency w ith applicable

sections ofthe Zoni


rg O rdinance.

03/19/15

f:\depot\A pplication P acket\A pplication Fonn.pdf

VAR-58410, VAR-58411 and SDR-58412 - REVISED

VAR-58410, VAR-58411 and SDR-58412 - REVISED

VAR-58410, VAR-58411 and SDR-58412 - REVISED

VAR-58410, VAR-58411 and SDR-58412 - REVISED

VAR-58410, VAR-58411 and SDR-58412 - REVISED

VAR-58410 [PRJ-57975] - VARIANCE RELATED TO VAR-58411 AND SDR-58412 -APPLICANT: PAYLESS


TIRE SHOP - OWNER: 530 HOLDINGS, LLC
530 NORTH LAS VEGAS BOULEVARD
04/02/15

VAR-58410 [PRJ-57975] - VARIANCE RELATED TO VAR-58411 AND SDR-58412 -APPLICANT: PAYLESS


TIRE SHOP - OWNER: 530 HOLDINGS, LLC
530 NORTH LAS VEGAS BOULEVARD
04/02/15

VAR-58410 [PRJ-57975] - VARIANCE RELATED TO VAR-58411 AND SDR-58412 -APPLICANT: PAYLESS


TIRE SHOP - OWNER: 530 HOLDINGS, LLC
530 NORTH LAS VEGAS BOULEVARD
04/02/15

.IU S TIFIC A TIO N LE TTE R


A uto M allInc

P
ayl
ess
dba
Tire S hop

Ivan A V alenzuela - P resiclent

530 I-as V egas B lvd N


I,as V esas N V 89101

To w hom it m ay concern:

I, Ivan A V alenzuela, P resident of A uto M all Inc., am subm itting this Justification

Letter to the C ity of Las V egas, N evada, D epartm ent of P lanning- for the purpose of an

A pplication for the property m entioned above as follow s:

V ariance above to be able to use C arso C ontainers as storase w ithin

back requirernent from the property line/fince.

the

20 feet set

V ariance to have less parking spaces than the ones required.

'V ariance to allow a five-foot tall screen w all w here eight feet is required along the
eastern property line.

S ite D evelopm ent P lan R eview (S D R )

The building on the property is not big enough to be able to store inventory of tires for

sale, but in order to fillthe dem and, I need to have tires of all size and m easurem ent
readily available, and the only option I have is to store them is in cargo containers located

along the fence on the east side of the property and behind the m ain building to the
southeast corner ofthe property.

O ur business consist of fast service and w e do not need m any parking spaces because
m ost of our clients visit us for tire repairs or m aintenance and w e have no retail area, just

service area. S o the averase service and sale tim e for tire sales and install is less than 45

per client.

O ur business does not interfere w ith the taco cart because m ost of their business is done

late in the evening and w e have not had any parking issues w ith them .

I am w illing to com ply w ith recom m endations if the actual set up is as presented is not a
viable option or to reduce the nurnber of containers if need be.
It is im perative and necessary for m e to have the extra storage in order for m y business to

survive and w e sincerely hope the Zoning A dm inistrator, B oard. and P lanning
lication for the S et B ack V ariance at this location.

Ir-/

3/
r6lt)

P resident

PRJ-57975
03/19/15

VAR-58410, VAR-58411 & SDR-58412

Agenda Item No.: 38.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
VAR-58411 - VARIANCE RELATED TO VAR-58410 - PUBLIC HEARING - APPLICANT:
PAYLESS TIRE SHOP - OWNER: 530 HOLDINGS, LLC - For possible action on a request for
a Variance TO ALLOW A ZERO-FOOT REAR YARD SETBACK WHERE 20 FEET IS
REQUIRED, A ZERO-FOOT SIDE YARD SETBACK WHERE 10 FEET IS REQUIRED AND
TO ALLOW A FIVE-FOOT TALL SCREEN WALL WHERE EIGHT FEET IS THE
MINIMUM HEIGHT REQUIRED FOR AN EXISTING OUTDOOR STORAGE USE on 0.37
acres at 530 North Las Vegas Boulevard (APN 139-27-804-001), C-2 (General Commercial)
Zone, Ward 5 (Barlow) [PRJ-57975]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

S TA TE M E N T O F FIN A N C IA L IN TE R E S T

C ase N um ber:

VAR-58511

4p5. 139-27-804-001

O w ner: -5.3O /$p/y'thq K ,


L&
J

N am e of P roperty

N am e of A pplicant: P A Y LE S S TIR E S H O P

N am e of R epresentative: JO S E M A R E V A LO /C O N S U LTIN G 89103, IN C

To the best of your know ledge, does the M ayor or any m em ber of the C ity C ouncil or

P lanning C om m ission have any financial interest in this or any other property w ith the

property ow ner, applicant, the property ow ner or applicant's general or lim ited partners, or

an officer of their corporation or lim ited liability com pany?

I Y "s

F*"

If yes, please

indicate the m em ber of the C ity C ouncil or P lanning C om m ission w ho is


involved and list the nam e(s) of the person or persons w ith w hom the C ity O fficial holds

an interest. A lso list the A ssessor's P arcelN um ber if the property in w hich the interest is
held is different from the case parcel.

C ity O fficial:

P aftner(s):

A P N : 139-27-804-001

S ignature of P roperty O w ner:

S ubscribed and sw orn before m e

usA cl.{R rsTrN E JoH N soN

N ofsry P ubllc S totc of N cvudo

N o; l0-3fl)2.1

otary P ublic

unty and S tate

M y appf. exp. O

c. 7,2O lE

PRJ-57975

R evised 11-14-06

l:\depoM pplication P acket\S tatem ent of Financial Interest,pdf

03/19/15

A P P LIC A TIO N / P E TITIO N FO R M


A pplication/P etition For:

P rojectA ddress 1l,o.utiont'99N LA S V E G A S


P roject tqrm . P A Y LE S S TIR E S H O P

Fffi

proposed U se

139-27-804-001

W ard #
G eneralP lan:existing_---+roposed7,oning:existing-proposed

A ssessorrs P arcel #(s)

C om m ercial S quare Footage 3S g S O FT


G ross A cres 0 37

Lots/U nits

Floor A rea R atio

A dditional Inform ation

-D ensity

LLC

C ontact

g as, P hone:702.ffr"ts::d.ax: ZD Q . % 7* e-36


A ddress -zz-a- P ^ zrl'<e

pR O pE R Ty O W N E R 530 H O LD IN G S

C ity /a-' \k4n',

\; bo"r.ar d-r, ',


E -m ail A ddress

,
S t^te tuN
,-aoni,S , ar*'f

A P P LIC A N T P A Y LE S S TIR E S H O P

Zip_gr?/._

C ontact IV A N V A LE N ZU E LA

A ddress 530 N LA S V E G A S B LV D

S tate N V

E -m ail A ddress

R E P R E S E N TA TIV E C O N S U LTIN G 89103, IN


A ddress 400 S 4TH S T S TE

270

C ity LA S V E G A S
E -m ait A ddress jm a@ consulting39l 03.com
inaccuracies in inforrnation presented, and lhat inaccuraoies, false

C ontact JO S E M A R E V A LO

p5on.. (702)ee8-a080 F.ax, 002)441-0884


S tate N V

Zip 89101

application m ay cause the application to be rejected. I further celtii/ that I arn the ow ner or purchaser

(or option holder) ofthe property involved in this application,

m ake this subrnission, as iudioated by the ow ner's signature below

P roperty O w ner S ignature*


for Fitral M aps, Tentative M aps, m d P arcel

S ubscribed and sw orn before m e

VAR-58411
M eeting D ate:
05/12/15 PC

TotalFee:

D ate R eceived:*

R eceived B y:

N otary P ublic in and for said


R evised l0/27108

and S tate

U S A C H R IS TIN T IoH N S O N

N otsry Fublic S tofc of X ew do

i.{s. 10.3002.1

M y oppt. axp. O ct. 7, 2018

gThe application w ill not be deerned cornplete until the


subrnitted m aterials have been review ed by the
PRJ-57975
D epartlnent ofP lannirrg for consistency w ith applicable

sections ofthe Zoni


rg O rdinance.

03/19/15

f:\depot\A pplication P acket\A pplication Fonn.pdf

Agenda Item No.: 39.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
SDR-58412 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-58410 AND
VAR-58411 - PUBLIC HEARING - APPLICANT: PAYLESS TIRE SHOP - OWNER: 530
HOLDINGS, LLC - For possible action on a request for a Site Development Plan Review TO
CHANGE THE PARKING LOT CIRCULATION AND OTHER ON-SITE IMPROVEMENTS
TO AN EXISTING AUTO REPAIR GARAGE, MINOR USE on 0.37 acres at 530 North Las
Vegas Boulevard (APN 139-27-804-001), C-2 (General Commercial) Zone, Ward 5 (Barlow)
[PRJ-57975]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

S TA TE M E N T O F FIN A N C IA L IN TE R E S T

C ase N um ber:

SDR-58512

4p5. 139-27-804-001

O w ner: -5.3O /$p/y'thq K ,


L&
J

N am e of P roperty

N am e of A pplicant: P A Y LE S S TIR E S H O P

N am e of R epresentative: JO S E M A R E V A LO /C O N S U LTIN G 89103, IN C

To the best of your know ledge, does the M ayor or any m em ber of the C ity C ouncil or

P lanning C om m ission have any financial interest in this or any other property w ith the

property ow ner, applicant, the property ow ner or applicant's general or lim ited partners, or

an officer of their corporation or lim ited liability com pany?

I Y "s

F*"

If yes, please

indicate the m em ber of the C ity C ouncil or P lanning C om m ission w ho is


involved and list the nam e(s) of the person or persons w ith w hom the C ity O fficial holds

an interest. A lso list the A ssessor's P arcelN um ber if the property in w hich the interest is
held is different from the case parcel.

C ity O fficial:

P aftner(s):

A P N : 139-27-804-001

S ignature of P roperty O w ner:

S ubscribed and sw orn before m e

usA cl.{R rsTrN E JoH N soN

N ofsry P ubllc S totc of N cvudo

N o; l0-3fl)2.1

otary P ublic

unty and S tate

M y appf. exp. O

c. 7,2O lE

PRJ-57975

R evised 11-14-06

l:\depoM pplication P acket\S tatem ent of Financial Interest,pdf

03/19/15

A P P LIC A TIO N / P E TITIO N FO R M


A pplication/P etition For:

P rojectA ddress 1l,o.utiont'99N LA S V E G A S


P roject tqrm . P A Y LE S S TIR E S H O P

Fffi

proposed U se

139-27-804-001

W ard #
G eneralP lan:existing_---+roposed7,oning:existing-proposed

A ssessorrs P arcel #(s)

C om m ercial S quare Footage 3S g S O FT


G ross A cres 0 37

Lots/U nits

Floor A rea R atio

A dditional Inform ation

-D ensity

LLC

C ontact

g as, P hone:702.ffr"ts::d.ax: ZD Q . % 7* e-36


A ddress -zz-a- P ^ zrl'<e

pR O pE R Ty O W N E R 530 H O LD IN G S

C ity /a-' \k4n',

\; bo"r.ar d-r, ',


E -m ail A ddress

,
S t^te tuN
,-aoni,S , ar*'f

A P P LIC A N T P A Y LE S S TIR E S H O P

Zip_gr?/._

C ontact IV A N V A LE N ZU E LA

A ddress 530 N LA S V E G A S B LV D

S tate N V

E -m ail A ddress

R E P R E S E N TA TIV E C O N S U LTIN G 89103, IN


A ddress 400 S 4TH S T S TE

270

C ity LA S V E G A S
E -m ait A ddress jm a@ consulting39l 03.com
inaccuracies in inforrnation presented, and lhat inaccuraoies, false

C ontact JO S E M A R E V A LO

p5on.. (702)ee8-a080 F.ax, 002)441-0884


S tate N V

Zip 89101

application m ay cause the application to be rejected. I further celtii/ that I arn the ow ner or purchaser

(or option holder) ofthe property involved in this application,

m ake this subrnission, as iudioated by the ow ner's signature below

P roperty O w ner S ignature*


for Fitral M aps, Tentative M aps, m d P arcel

S ubscribed and sw orn before m e

SDR-58412
M eeting D ate:
05/12/15 PC

TotalFee:

D ate R eceived:*

R eceived B y:

N otary P ublic in and for said


R evised l0/27108

and S tate

U S A C H R IS TIN T IoH N S O N

N otsry Fublic S tofc of X ew do

i.{s. 10.3002.1

M y oppt. axp. O ct. 7, 2018

gThe application w ill not be deerned cornplete until the


subrnitted m aterials have been review ed by the
PRJ-57975
D epartlnent ofP lannirrg for consistency w ith applicable

sections ofthe Zoni


rg O rdinance.

03/19/15

f:\depot\A pplication P acket\A pplication Fonn.pdf

Agenda Item No.: 40.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
VAR-58471 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: RYLAND HOMES
NEVADA, LLC - For possible action on a request for a Variance TO ALLOW A 16-FOOT
FRONT YARD SETBACK WHERE 25 FEET IS REQUIRED on 0.32 acres at 6917 Winter
Rain Street (APN 125-19-210-023), R-D (Single Family Residential-Restricted) Zone, Ward 6
(Ross) [PRJ-58310]. Staff recommends DENIAL. NOTE: THE APPLICANT/OWNER IS
RICHMOND AMERICAN HOMES NV INC.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - VAR-58471, VAR-58473, VAR-58474, VAR-58475 and VAR58476 [PRJ-58310]
3. Supporting Documentation - VAR-58471, VAR-58473, VAR-58474, VAR-58475 and VAR58476 [PRJ-58310]
4. Photo(s) - VAR-58471, VAR-58473, VAR-58474, VAR-58475 and VAR-58476 [PRJ-58310]
5. Justification Letter - VAR-58471, VAR-58473, VAR-58474, VAR-58475 and VAR-58476
[PRJ-58310]

VAR-58471, VAR-58473, VAR-58474, VAR-58475 and VAR-58476 [PRJ-58310]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: RICHMOND AMERICAN HOMES NV
INC.

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-58471
VAR-58473
VAR-58474
VAR-58475
VAR-58476

RECOMMENDATION
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:

REQUIRED FOR
APPROVAL

DENIAL, if approved subject to

N/A

DENIAL, if approved subject to

N/A

DENIAL, if approved subject to

N/A

DENIAL, if approved subject to

N/A

DENIAL, if approved subject to

N/A

** CONDITIONS **

VAR-58471 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.

MR

VAR-58471, VAR-58473, VAR-58474, VAR-58475 and VAR-58476 [PRJ-58310]


Conditions Page Two
May 12, 2015 - Planning Commission Meeting

VAR-58473 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.

VAR-58474 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.

MR

VAR-58471, VAR-58473, VAR-58474, VAR-58475 and VAR-58476 [PRJ-58310]


Conditions Page Three
May 12, 2015 - Planning Commission Meeting

VAR-58475 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.

VAR-58476 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.

MR

VAR-58471, VAR-58473, VAR-58474, VAR-58475 and VAR-58476 [PRJ-58310]


Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for five Variances to allow five lots to have a front yard setback ranging from
15 to 21 feet where 25 feet is required within an approved single-family residential development.
The subject sites are located within a R-D (Single Family Residential-Restricted) zoning district.
All five lots are within the Grand Canyon/Deer Springs subdivision. The applicant wants to
provide home buyers the option to purchase a home larger than the lots were designed to
accommodate. One of the four model homes offered for sale within this development fails to
meet the minimum front yard setback of 25 feet on five platted lots. The site is partially graded
and the subdivision could be redesigned to accommodate the proposed model without a
Variance. Substantial evidence has not been presented to warrant the requested Variances. As
such, the hardship is self-imposed and therefore, staff recommends denial of all five Variance
requests. If denied, all proposed structures will have to meet current setback requirements or no
building permits will be issued.

ISSUES

To allow a 15-21-foot front yard setback Variance for five lots within a 29-lot approved
single-family residential subdivision where 10 feet is required. Staff does not support this
request.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The Clark County Board of County Commissioners approved a Non07/04/ 08
Conforming Zone Change (ZLC-1502-07) at the southeast corner of Dorrell
Lane and Eula Street.
The Clark County Board of County Commissioners approved a Design
Review (DR-0170-13) and a Tentative Map (TM-0045-13) request for a 9105/22/13
lot single family subdivision at the southeast corner of Dorrell Lane and Eula
Street.
The City Council approved an Annexation (ANX-53693) request of 35.00
07/16/14
acres of land located near the northeast corner of Deer Springs Way and
Hualapai Way with an effective date of 07/24/14.
A Final Map (FMP-54785) for a 91-lot single family subdivision at the
11/21/14
southeast corner of Dorrell Lane and Eula Street was recorded.

MR

VAR-58471, VAR-58473, VAR-58474, VAR-58475 and VAR-58476 [PRJ-58310]


Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Most Recent Change of Ownership


05/24/13
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
Civil Improvement Plans (#54277) for sewer connection were approved. The
10/13/14
project has not been completed as of 04/20/15.
A building permit (#280974) was issued for a single-family dwelling at 9709
03/11/15
Summer Bliss Avenue. The permit has not been finalized as of 04/16/15.
Pre-Application Meeting
A pre-application meeting was held with the applicants designated
03/11/15
representative to discuss the submittal requirements for five front yard setback
Variances.
Neighborhood Meeting
A neighborhood meeting was not held, nor was one required.
Field Check
04/02/15

A field inspection was conducted on the subject revealed that the site has one
single-family residential home framed out and graded dirt residential pads.

Details of Application Request


Site Area
Net Acres
1.8
Surrounding
Property
Subject Property

Existing Land Use


Per Title 19.12
Single-Family,
Detached
Undeveloped

North

Single-Family,
Detached

South

Undeveloped

Planned or Special
Land Use Designation
RNP (Rural
Neighborhood
Preservation)
RNP (Rural
Neighborhood
Preservation) Clark
County
L (Low Density
Residential)
PF (Public Facilities)
PD (Planned
Development) Clark
County

Existing Zoning District


R-D (Single Family
Residential-Restricted)
R-E [Rural Estates
Residential ( 2-Unit per
Acre] Clark County
R-1(Single Family
Residential)
U (Undeveloped) [PF
(Public Facilities) General
Plan designation]
PD (Planned
Development) Clark
County

MR

VAR-58471, VAR-58473, VAR-58474, VAR-58475 and VAR-58476 [PRJ-58310]


Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Surrounding
Property

East

West

Existing Land Use


Per Title 19.12

Single-Family,
Detached

Single-Family,
Detached

Planned or Special
Land Use Designation
RNP (Rural
Neighborhood
Preservation) Clark
County

Existing Zoning District


R-E [Rural Estates
Residential ( 2-Unit per
Acre] Clark County

RL (Residential Low)
Clark County

R-E [Rural Estates


Residential ( 2-Unit per
Acre] Clark County

RNP (Rural
Neighborhood
Preservation)

R-1(Single Family
Residential)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
No Applicable Special Purpose or Overlay Districts
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
Compliance
N/A
Compliance
N/A
N/A
N/A
N/A

DEVELOPMENT STANDARDS
Pursuant to Title 19.06.065, the following standards apply:
Standard
Required/Allowed
Min. Setbacks
Front
Lot 23 (APN:125-19-210-023)
25 Feet
Lot 37 (APN:125-19-210-037)
25 Feet
Lot 47 (APN:125-19-210-047)
25 Feet
Lot 62 (APN:125-19-210-062)
25 Feet
Lot 66 (APN:125-19-210-066)
25 Feet
Side
5 Feet
30 Feet
Rear

Provided

Compliance

16 Feet
15 Feet
15 Feet
16 Feet
21 Feet
5 Feet
30 Feet

N
N
N
N
N
Y
Y

MR

VAR-58471, VAR-58473, VAR-58474, VAR-58475 and VAR-58476 [PRJ-58310]


Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

ANALYSIS
The applicants justification letter indicates this is the largest home model that will be offered for
sale in this subdivision; however, five lots fail to accommodate the largest model size. The
applicant is proposing to offer home buyers the option to buy a single-story residential dwelling
(approximately 3,500 square feet) four to 10 feet inside the required front yard setback of 25 feet,
which represents a 16 to 40 percent encroachment the in the required setback. Three of the five
Variance applications are for interior irregular shaped lots; however, other models are offered for
sale that fit within the building envelop without a setback Variance. The proposed model home is
bigger than the lots were designed to accommodate, and as such cannot be constructed in a
manner that is harmonious with the sounding area. Staff recommends denial of all five
applications.

FINDINGS (VAR-58471)
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.

Permit a use in a zoning district in which the use is not allowed;


Vary any minimum spacing requirement between uses;
Relieve a hardship which is solely personal, self-created or financial in nature.

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
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.
The lot is not unique in shape and no evidence of a rare or extraordinary circumstance has been
presented, in that the applicant has created a self-imposed hardship by proposing to construct a
residential dwelling that is bigger than the lot was designed to accommodate. Alternatively the
applicant can offer for sale the smaller approved residential models or propose additional home
models that are conformance to 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.
MR

VAR-58471, VAR-58473, VAR-58474, VAR-58475 and VAR-58476 [PRJ-58310]


Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

FINDINGS (VAR-58473)
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.

Permit a use in a zoning district in which the use is not allowed;


Vary any minimum spacing requirement between uses;
Relieve a hardship which is solely personal, self-created or financial in nature.

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
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.
The lot is unique in shape; however, no evidence of a rare or extraordinary circumstance has
been presented, in that the applicant has created a self-imposed hardship by proposing to
construct a residential dwelling that is bigger than the lot was designed to accommodate.
Alternatively the applicant can offer for sale the smaller approved residential models or propose
additional home models that are conformance to 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-58474)
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.

Permit a use in a zoning district in which the use is not allowed;


Vary any minimum spacing requirement between uses;
Relieve a hardship which is solely personal, self-created or financial in nature.

Additionally, Title 19.16.140(L) states:

MR

VAR-58471, VAR-58473, VAR-58474, VAR-58475 and VAR-58476 [PRJ-58310]


Staff Report Page Six
May 12, 2015 - Planning Commission Meeting

Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of


property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
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.
The lot is unique in shape; however, no evidence of a rare or extraordinary circumstance has
been presented, in that the applicant has created a self-imposed hardship by proposing to
construct a residential dwelling that is bigger than the lot was designed to accommodate.
Alternatively the applicant can offer for sale the smaller approved residential models or propose
additional home models that are conformance to 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-58475)
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.

Permit a use in a zoning district in which the use is not allowed;


Vary any minimum spacing requirement between uses;
Relieve a hardship which is solely personal, self-created or financial in nature.

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
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.

MR

VAR-58471, VAR-58473, VAR-58474, VAR-58475 and VAR-58476 [PRJ-58310]


Staff Report Page Seven
May 12, 2015 - Planning Commission Meeting

The lot is unique in shape; however, no evidence of a rare or extraordinary circumstance has
been presented, in that the applicant has created a self-imposed hardship by proposing to
construct a residential dwelling that is bigger than the lot was designed to accommodate.
Alternatively the applicant can offer for sale the smaller approved residential models or propose
additional home models that are conformance to 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-58476)
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.

Permit a use in a zoning district in which the use is not allowed;


Vary any minimum spacing requirement between uses;
Relieve a hardship which is solely personal, self-created or financial in nature.

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
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.
The lot is not unique in shape and no evidence of a rare or extraordinary circumstance has been
presented, in that the applicant has created a self-imposed hardship by proposing to construct a
residential dwelling that is bigger than the lot was designed to accommodate. Alternatively the
applicant can offer for sale the smaller approved residential models or propose additional home
models that are conformance to 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.

MR

VAR-58471, VAR-58473, VAR-58474, VAR-58475 and VAR-58476 [PRJ-58310]


Staff Report Page Eight
May 12, 2015 - Planning Commission Meeting

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

116 - VAR-58471
116 - VAR-58473
116 - VAR-58474
116 - VAR-58475
116 - VAR-58476

APPROVALS

0 - VAR-58471
0 - VAR-58473
0 - VAR-58474
0 - VAR-58475
0 - VAR-58476

PROTESTS

0 - VAR-58471
0 - VAR-58473
0 - VAR-58474
0 - VAR-58475
0 - VAR-58476

40 - VAR-58471
40 - VAR-58473
39 - VAR-58474
36 - VAR-58475
36 - VAR-58476

MR

VAR-58471

PRJ-58310
03/24/15

VAR-58471
05/12/15 PC

PRJ-58310
03/24/15

VAR-58471, VAR-58473, VAR-58474,


VAR-58475 & VAR-58476

VAR-58471, VAR-58473, VAR-58474,


VAR-58475 & VAR-58476

VAR-58471, VAR-58473, VAR-58474,


VAR-58475 & VAR-58476

VAR-58471, VAR-58473, VAR-58474,


VAR-58475 & VAR-58476

VAR-58471, VAR-58473, VAR-58474,


VAR-58475 & VAR-58476

VAR-58471, VAR-58473, VAR-58474. VAR-58475 AND VAR-58476 [PRJ-58310] - VARIANCE APPLICANT/OWNER: RYLAND HOMES NEVADA, LLC
6917 AND 6927 WINTER RAIN STREET, 6930 SUMMER SKY STREET, 6820 VELVET SNOW STREET AND
9705 SUMMER BLISS AVENUE
04/02/15

VAR-58471, VAR-58473, VAR-58474. VAR-58475 AND VAR-58476 [PRJ-58310] - VARIANCE APPLICANT/OWNER: RYLAND HOMES NEVADA, LLC
6917 AND 6927 WINTER RAIN STREET, 6930 SUMMER SKY STREET, 6820 VELVET SNOW STREET AND
9705 SUMMER BLISS AVENUE
04/02/15

VAR-58471, VAR-58473, VAR-58474. VAR-58475 AND VAR-58476 [PRJ-58310] - VARIANCE APPLICANT/OWNER: RYLAND HOMES NEVADA, LLC
6917 AND 6927 WINTER RAIN STREET, 6930 SUMMER SKY STREET, 6820 VELVET SNOW STREET AND
9705 SUMMER BLISS AVENUE
04/02/15

VAR-58471, VAR-58473, VAR-58474. VAR-58475 AND VAR-58476 [PRJ-58310] - VARIANCE APPLICANT/OWNER: RYLAND HOMES NEVADA, LLC
6917 AND 6927 WINTER RAIN STREET, 6930 SUMMER SKY STREET, 6820 VELVET SNOW STREET AND
9705 SUMMER BLISS AVENUE
04/02/15

PRJ-58310
03/24/15

VAR-58471, VAR-58473, VAR-58474,


VAR-58475 & VAR-58476

Agenda Item No.: 41.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
VAR-58473 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: RYLAND HOMES
NEVADA, LLC - For possible action on a request for a Variance TO ALLOW A 15-FOOT
FRONT YARD SETBACK WHERE 25 FEET IS REQUIRED on 0.35 acres at 6927 Winter
Rain Street (APN 125-19-210-037), R-D (Single Family Residential-Restricted) Zone, Ward 6
(Ross) [PRJ-58310]. Staff recommends DENIAL. NOTE: THE APPLICANT/OWNER IS
RICHMOND AMERICAN HOMES NV INC.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

VAR-58473

PRJ-58310
03/24/15

VAR-58473
05/12/15 PC

PRJ-58310
03/24/15

Agenda Item No.: 42.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
VAR-58474 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: RYLAND HOMES
NEVADA, LLC - For possible action on a request for a Variance TO ALLOW A 15-FOOT
FRONT YARD SETBACK WHERE 25 FEET IS REQUIRED on 0.34 acres at 6930 Summer
Sky Street (APN 125-19-210-047), R-D (Single Family Residential-Restricted) Zone, Ward 6
(Ross) [PRJ-58310]. Staff recommends DENIAL. NOTE: THE APPLICANT/OWNER IS
RICHMOND AMERICAN HOMES NV INC.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

VAR-58474

PRJ-58310
03/24/15

VAR-58474
05/12/15 PC

PRJ-58310
03/24/15

Agenda Item No.: 43.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
VAR-58475 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: RYLAND HOMES
NEVADA, LLC - For possible action on a request for a Variance TO ALLOW A 16-FOOT
FRONT YARD SETBACK WHERE 25 FEET IS REQUIRED on 0.48 acres at 6820 Velvet
Snow Street (APN 125-19-210-062), R-D (Single Family Residential-Restricted) Zone, Ward 6
(Ross) [PRJ-58310]. Staff recommends DENIAL. NOTE: THE APPLICANT/OWNER IS
RICHMOND AMERICAN HOMES NV INC.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

VAR-58475

PRJ-58310
03/24/15

VAR-58475
05/12/15 PC

PRJ-58310
03/24/15

Agenda Item No.: 44.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
VAR-58476 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: RYLAND HOMES
NEVADA, LLC - For possible action on a request for a Variance TO ALLOW A 21-FOOT
FRONT YARD SETBACK WHERE 25 FEET IS REQUIRED on 0.29 acres at 9705 Summer
Bliss Avenue (APN 125-19-210-066), R-D (Single Family Residential-Restricted) Zone, Ward 6
(Ross) [PRJ-58310]. Staff recommends DENIAL. NOTE: THE APPLICANT/OWNER IS
RICHMOND AMERICAN HOMES NV INC.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

VAR-58476

PRJ-58310
03/24/15

VAR-58476
05/12/15 PC

PRJ-58310
03/24/15

Agenda Item No.: 45.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
VAR-58505 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: DR HORTON,
INC. - For possible action on a request for a Variance TO ALLOW AN EIGHT-FOOT REAR
YARD SETBACK WHERE 10 FEET IS REQUIRED on 0.08 acres at 9209 Robla Creek Court
(APN 138-07-625-025), R-CL (Single Family Compact-Lot) Zone, Ward 4 (Anthony) [PRJ58413]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - VAR-58505 and VAR-58506 [PRJ-58413]
3. Supporting Documentation - VAR-58505 and VAR-58506 [PRJ-58413]
4. Photo(s) - VAR-58505 and VAR-58506 [PRJ-58413]
5. Justification Letter - VAR-58505 and VAR-58506 [PRJ-58413]
6. Protest/Support Postcards

VAR-58505 and VAR-58506 [PRJ-58413]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: DR HORTON, INC.

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-58505
VAR-58506

RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:

REQUIRED FOR
APPROVAL
N/A
N/A

** CONDITIONS **

VAR-58505 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.

MR

VAR-58505 and VAR-58506 [PRJ-58413]


Conditions Page Two
May 12, 2015 - Planning Commission Meeting

VAR-58506 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.

MR

VAR-58505 and VAR-58506 [PRJ-58413]


Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
This is a request for two Variances to allow two lots to have a rear yard setback of eight feet
where 10 feet is required within an approved single-family residential development. The subject
sites are located within the R-CL (Single Family Compact-Lot) zoning district. Both lots are
within the Gilmore Creek subdivision. The applicant wants to provide home buyers the option to
purchase a home that is larger than the lots were designed to accommodate. This is undeveloped
land and the subdivision could be redesigned to accommodate the proposed model without a
Variance. Substantial evidence has not been presented to warrant the requested Variances. As
such, the hardship is self-imposed and therefore, staff recommends denial of both Variance
requests. If denied, all proposed structures will have to meet current setback requirements or no
building permits will be issued.

ISSUES

To allow an eight-foot rear yard setback Variance where 10 feet is required for two lots
within an approved 29-lot single-family residential subdivision. Staff does not support this
request.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The Clark County Board of County Commissioners approved a Zone Change
08/07/13
(ZC-0360-13) and a Tentative Map for a 29-lot single-family subdivision at
the southwest corner of Gilmore Avenue and Fort Apache Road.
The City Council approved an Annexation [ANX-51432 and Ordinance
01/08/14
(6292)] request of 5.29 acres at the southwest corner of Gilmore Avenue and
Fort Apache Road with the effective date of 01/16/14.
The City Council approved Ordinance (6293) correcting the zoning
classification of the property located at the southwest corner of Gilmore
07/02/14
Avenue and Fort Apache Road from R-E (Residence Estates) to R-CL
(Single Family Compact-Lot).
A Final Map (FMP-53874) for a 29-lot single-family subdivision at the
12/24/14
southwest corner of Gilmore Avenue and Fort Apache Road was recorded.

MR

VAR-58505 and VAR-58506 [PRJ-58413]


Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Most Recent Change of Ownership


10/08/14
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


Civil improvement plans (#53261) for Gilmore Creek subdivision were
12/12/14
approved. The plans are active as of 04/20/15.

Pre-Application Meeting
A pre-application meeting was held with the applicants designated
03/19/15
representative to discuss the submittal requirements for two rear yard setback
Variances.

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

Field Check
04/02/15

A field inspection was conducted on the subject site, which contains a singlefamily subdivision with graded dirt residential pads.

Details of Application Request


Site Area
Net Acres
0.16

Surrounding
Property
Subject Property

Existing Land Use


Per Title 19.12
Undeveloped

North

Fire Station

South

Undeveloped

East

Undeveloped

West

Single-Family,
Detached

Planned or Special
Land Use Designation
ML (Medium Low
Density Residential)
PF (Public Facilities)
ML (Medium Low
Density Residential)
ML (Medium Low
Density Residential)
ML (Medium Low
Density Residential)

Existing Zoning District


R-CL (Single Family
Compact-Lot)
C-V (Civic)
R-CL (Single Family
Compact-Lot)
R-CL (Single Family
Compact-Lot)
R-CL (Single Family
Compact-Lot)

MR

VAR-58505 and VAR-58506 [PRJ-58413]


Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
No Applicable Special Purpose or Overlay Districts
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
Compliance
N/A
Compliance
N/A
N/A
N/A
N/A

DEVELOPMENT STANDARDS
Pursuant to Title 19.06.080 , the following standards
Standard
Required/Allowed
Min. Setbacks
Front
House
14 Feet
Garage
18 Feet
Side
10 Feet Combined
Rear
10 Feet

Provided

Compliance

18 Feet
18 Feet
5 Feet
8 Feet

Y
Y
Y
N

ANALYSIS
Per the applicants justification letter, this home model is the same product that is offered for sale
throughout the subdivision; however, both lots fail to accommodate the minimum rear yard setback.
The two-story residential dwelling (approximately 2,100 square feet) is two feet inside the
required rear yard setback of 10 feet, which represents a 20 percent intrusion in the rear setback.
No homes have been built and the applicant has the opportunity to redesign the existing lot
configuration or offer a small home model for both lots. The two lots are irregularly shaped;
however, a home model can be offered that will fit within the building envelope without a
setback Variance. The proposed model home is bigger than the lots were designed to
accommodate, and as such cannot be constructed in a manner that is harmonious with the
sounding area. Staff recommends denial of both Variances.

FINDINGS (VAR-58505)
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:

MR

VAR-58505 and VAR-58506 [PRJ-58413]


Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

1.
2.
3.

Permit a use in a zoning district in which the use is not allowed;


Vary any minimum spacing requirement between uses;
Relieve a hardship which is solely personal, self-created or financial in nature.

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
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.
The lot is unique in shape; however, no evidence of a rare or extraordinary circumstance has
been presented, in that the applicant has created a self-imposed hardship by proposing to
construct a residential dwelling that is bigger than the lot was designed to accommodate.
Alternatively, the applicant can propose additional home models that are conformance to Title 19
requirements and offer them for sale. 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-58506)
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.

Permit a use in a zoning district in which the use is not allowed;


Vary any minimum spacing requirement between uses;
Relieve a hardship which is solely personal, self-created or financial in nature.

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so

MR

VAR-58505 and VAR-58506 [PRJ-58413]


Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

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.
The lot is unique in shape; however, no evidence of a rare or extraordinary circumstance has
been presented, in that the applicant has created a self-imposed hardship by proposing to
construct a residential dwelling that is bigger than the lot was designed to accommodate.
Alternatively, the applicant can propose additional home models that are conformance to Title 19
requirements and offer them for sale. 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.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

395 - VAR-58505
395 - VAR-58506

APPROVALS

1 - VAR-58505
1 - VAR-58506

PROTESTS

1 - VAR-58505
1 - VAR-58506

21 - VAR-58505
21 - VAR-58506

MR

VAR-58505

VAR-58505

VAR-58505 and VAR-58506

VAR-58505 and VAR-58506

VAR-58505 and VAR-58506

VAR-58505 and VAR-58506

VAR-58505 AND VAR-58506 [PRJ-58413] - VARIANCE -APPLICANT/OWNER: DR HORTON, INC.


9209 AND 9210 ROBLA CREEK COURT
04/02/15

VAR-58505 AND VAR-58506 [PRJ-58413] - VARIANCE -APPLICANT/OWNER: DR HORTON, INC.


9209 AND 9210 ROBLA CREEK COURT
04/02/15

VAR-58505 and VAR-58506

Agenda Item No.: 46.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
VAR-58506 - VARIANCE - PUBLIC HEARING - APPLICANT/ OWNER: DR HORTON,
INC. - For possible action on a request for a Variance TO ALLOW AN EIGHT-FOOT REAR
YARD SETBACK WHERE 10 FEET IS REQUIRED on 0.08 acres at 9210 Robla Creek Court
(APN 138-07-625-028), R-CL (Single Family Compact-Lot) Zone, Ward 4 (Anthony) [PRJ58413]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
4. Protest/Support Postcards

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

VAR-58506

VAR-58506

Agenda Item No.: 47.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
VAR-58599 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: INVESTOR
EQUITY HOMES, LLC 50% AND MOSAIC LAND 2, LLC 50% - For possible action on a
request for a Variance TO ALLOW NO OFFSITE IMPROVEMENTS ON TIOGA WAY AND
NO CURB, GUTTER OR STREETLIGHTS ON RACEL STREET WHERE SUCH ARE
REQUIRED on 2.36 acres on the southeast corner of Racel Street and Tioga Way (APN 125-10402-001), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-58320]. Staff recommends
DENIAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-58599, VAR-58600, VAR-58682, WVR-58613 and TMP58528 [PRJ-58320]
2. Conditions and Staff Report - VAR-58599, VAR-58600, VAR-58682, WVR-58613 and
TMP-58528 [PRJ-58320]
3. Supporting Documentation - VAR-58599, VAR-58600, VAR-58682, WVR-58613 and TMP58528 [PRJ-58320]
4. Photo(s) - VAR-58599, VAR-58600, VAR-58682, WVR-58613 and TMP-58528 [PRJ58320]
5. Justification Letter - VAR-58599, VAR-58600, VAR-58682, WVR-58613 and TMP-58528
[PRJ-58320]
6. Protest Postcard - VAR-58599, VAR-58600 and VAR-58682 [PRJ-58320]

VAR-58599, VAR-58600, VAR-58682, WVR-58613 and TMP-58528 [PRJ-58320]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: INVESTOR EQUITY HOMES, LLC 50%
AND MOSAIC LAND 2, LLC 50%

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-58599
VAR-58600
VAR-58682
WVR-58613
TMP-58528

RECOMMENDATION
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:

REQUIRED FOR
APPROVAL

DENIAL, if approved subject to


DENIAL, if approved subject to
DENIAL, if approved subject to
DENIAL, if approved subject to
DENIAL, if approved subject to

VAR-58599
VAR-58600
VAR-58682
WVR-58613

** CONDITIONS **

VAR-58599 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Tentative Map (TMP58528) shall be required, if approved.

2.

The Equestrian Trail shall be installed and will include the 10-foot wide trail, the 5-foot
wide sidewalk and the 5-foot wide landscaped amenity area.

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.

YK

VAR-58599, VAR-58600, VAR-58682, WVR-58613 and TMP-58528 [PRJ-58320]


Conditions Page Two
May 12, 2015 - Planning Commission Meeting

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.

All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
Public Works

7.

Sign and record a Covenant Running with Land Agreement for half street improvements
not constructed at this time on Racel Street and Tioga Way. Extend all required
underground utilities, such as electrical, telephone, etc., located within public rights-ofway, past the boundaries of this site prior to construction of hard surfacing (asphalt or
concrete).

8.

The installation of streetlights shall be deferred provided that exterior street lighting shall
be stubbed out for later use, including all necessary underground improvements including
bases, conduit and pull boxes at each streetlight location, and the developer provides to the
City such streetlights for future installation. Alternatively, monies in lieu of such deferred
streetlights, including bases, may be contributed to the City if allowed by the Department
of Public Works. Coordinate with the Traffic Engineering Section of the Department of
Public Works regarding street lighting requirements prior too submittal of construction
drawings.

VAR-58600 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Tentative Map (TMP58528) shall be required, if approved.

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.

YK

VAR-58599, VAR-58600, VAR-58682, WVR-58613 and TMP-58528 [PRJ-58320]


Conditions Page Three
May 12, 2015 - Planning Commission Meeting

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.

VAR-58682 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Tentative Map (TMP58528) shall be required, if approved.

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-58528 CONDITIONS
Planning
1.

Approval and conformance to the conditions of approval of variances (VAR-58599, VAR58600 and VAR-58682) and waiver (WVR-58613) 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 within four (4)
years of the approval of the Tentative Map, this action is void.

YK

VAR-58599, VAR-58600, VAR-58682, WVR-58613 and TMP-58528 [PRJ-58320]


Conditions Page Four
May 12, 2015 - Planning Commission Meeting

3.

Street names must be provided in accordance with the Citys Street Naming and
Addressing Regulations.

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.

In conjunction with creation, declaration and recordation of the subject common-interest


community, and prior to recordation of the Covenants, Codes and Restrictions (CC&R),
or conveyance of any unit within the community, the Developer is required to record a
Declaration of Private Maintenance Requirements (DPMR) as a covenant on all
associated properties, and on behalf of all current and future property owners. The DPMR
is to include a listing of all privately owned and/or maintained infrastructure improvements,
along with assignment of maintenance responsibility for each to the common interest
community or the respective individual property owners, and is to provide a brief
description of the required level of maintenance for privately maintained components. The
DPMR must be reviewed and approved by the City of Las Vegas Department of Field
Operations prior to recordation, and must include a statement that all properties within the
community are subject to assessment for all associated costs should private maintenance
obligations not be met, and the City of Las Vegas be required to provide for said
maintenance. Also, the CC&R are to include a statement of obligation of compliance with
the DPMR. Following recordation, the Developer is to submit copies of the recorded
DPMR and CC&R documents to the City of Las Vegas Department of Field Operations.

6.

All development is subject to the conditions of City Departments and State Subdivision
Statutes.

Public Works
7.

Dedicate a 20-foot radius on the southeast corner of Racel Street and Tioga Way.
Additionally, grant an Equestrian Trail Easement to be maintained by the Homeowners
Association until the equestrian trail is transferred to the City. Per the Trails Element, the
equestrian trail path can only be transferred to the City after it is fully constructed and only
if the path meets the requirements outlined in the Trails Element.

8.

Construct all half-street improvements on Racel Street and Tioga Way adjacent to this site,
including the required equestrian trail along Racel Street, unless otherwise amended by an
approved Variance or Waiver to defer off-site improvements, such as VAR-58599. 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. Extend all
required underground utilities, such as electrical, telephone, etc., located within public
rights-of-way, past the boundaries of this site.

YK

VAR-58599, VAR-58600, VAR-58682, WVR-58613 and TMP-58528 [PRJ-58320]


Conditions Page Five
May 12, 2015 - Planning Commission Meeting

9.

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.

10.

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

11.

Submit an Encroachment Agreement for landscaping and private improvements, if any, in


the Racel Street and Tioga Way public rights-of-way prior to this issuance of permits for
these improvements. The applicant must carry an insurance policy for the term of the
Encroachment Agreement and add the City of Las Vegas as an additionally insured entity
on this insurance policy. If requested by the City, the applicant shall remove property
encroaching in the public right-of-way at the applicant's expense pursuant to the terms of
the City's Encroachment Agreement. The installation and maintenance of all private
improvements in the public right of way shall be the responsibility of the adjacent property
owner(s) and shall be transferred with the sale of the property for the entire term of the
Encroachment Agreement. Coordinate all requirements for the Encroachment Agreement
with the Land Development Section of the Department of Building and Safety (229-4836).

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.

YK

VAR-58599, VAR-58600, VAR-58682, WVR-58613 and TMP-58528 [PRJ-58320]


Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This request is for a four-lot single-family residential subdivision located on the southeast corner
of Racel Street and Tioga Way. The applicant is requesting several deviations from code
requirements to allow for no installation of off-site and on-site improvements, as well as wall
heights and street intersection off-sets, as reflected in the three Variances and one Waiver
application that are associated with the Tentative Map. Although staff can support the additional
wall height and intersection off-set, the remaining three applications are not supported. As a
result, staff recommends denial of all five applications associated with this request. If denied, no
permits can be issued for a four-lot residential subdivision and the parcel will remain undivided.

ISSUES

A Variance (VAR-58599) is required to allow no offsite improvements on Tioga Way


and no curb, gutter or streetlights on Racel Street where such are required. Staff does not
support this request.
A Variance (VAR-58600) is required to allow an eight-foot tall retaining wall where four
feet is the maximum allowed. Staff supports this request as a result of the natural slope
of the parcel.
A Variance VAR-58682) is required to allow no sidewalks, streetlights or gate on a
private street where such are required. Staff does not support this request.
A Waiver (WVR-58613) is required to allow a 175-foot intersection offset where 220
feet is required. Staff supports this request as no heavy traffic volume is expected to be
generated by this development in the area.
A Tentative Map is required since the applicant requests Waivers from the development
standards. Staff does not support this request.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved an Annexation (ANX-56802) for this site as part
02/18/15
of a larger request. The effective date was 02/27/15.

Most Recent Change of Ownership


08/16/13
A deed was recorded for a change in ownership.

YK

VAR-58599, VAR-58600, VAR-58682, WVR-58613 and TMP-58528 [PRJ-58320]


Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Related Building Permits/Business Licenses


No permits are on file for this site.
Pre-Application Meeting
Staff met with the applicant to review a five-lot residential subdivision, with
03/11/15
one of the lots being a common lot. The applicant stated the project would be
developed to code.
Staff met with the applicant a second time to work out the applications
04/01/15
required for a four-lot residential subdivision, as the applicant had changed
the scope of the project since the first pre-application meeting.
Neighborhood Meeting
No neighborhood meeting was required, nor was one held.
Field Check
04/02/15

Staff visited the site and found an undeveloped parcel, clean and free of trash.

Details of Application Request


Site Area
Net Acres
2.36
Surrounding
Property
Subject Property

Existing Land Use


Per Title 19.12
Undeveloped

North

Single-Family,
Detached

South

Undeveloped

East

Single-Family,
Detached

West

Single-Family,
Detached

Planned or Special
Land Use Designation
RNP (Rural
Neighborhood
Preservation)
PCD (Planned
Community
Development)
RN (Rural
Neighborhood) Clark
County
RN (Rural
Neighborhood) Clark
County
RN (Rural
Neighborhood) Clark
County

Existing Zoning District


R-E (Residence Estates)
R-PD3 (Residential
Planned Development 3
Units per Acre)
R-E (Rural Estates
Residential District) Clark
County
R-E (Rural Estates
Residential District) Clark
County
R-E (Rural Estates
Residential District) Clark
County

YK

VAR-58599, VAR-58600, VAR-58682, WVR-58613 and TMP-58528 [PRJ-58320]


Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
No Applicable Special Purpose or Overlay Districts
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
Compliance
N/A
Compliance
Y
N/A
N/A
N/A

DEVELOPMENT STANDARDS

Street Name

Functional
Classification of
Street(s)

Racel Street

Minor Collector

Tioga Way

Minor Collector

Streetscape
Standards

Racel Street

Tioga Way

Governing Document

Compliance
with Street
Section

54

60

Planned Streets and


Highways Map
Planned Streets and
Highways Map

Required

Provided

To install curb, gutter,


streetlights, a five-foot wide
amenity area, a five-foot wide
sidewalk and a 10-foot wide
Equestrian Trail.
To install curb, gutter,
streetlights, a five-foot wide
sidewalk and a five-foot wide
amenity area.

Waivers
Requirement
To provide a 220-foot distance
separation between intersections when
providing external access to an
existing or planned ROW of 60 feet or
greater per Title 19.02.140.

Actual
Street Width
(Feet)

Compliance

To install a five-foot wide


amenity area, a five-foot wide
sidewalk and a 10-foot wide
Equestrian Trail.

To provide none of the


requirements.

Request
Staff Recommendation
To allow a 175-foot offset from
the intersections of Tioga Way
and the proposed Private Street.
Approval

YK

VAR-58599, VAR-58600, VAR-58682, WVR-58613 and TMP-58528 [PRJ-58320]


Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

ANALYSIS

The applicant has submitted a Tentative Map for the development of a four-lot residential
subdivision that includes three Variances and a Waiver request for approval. The first Variance
(VAR-58599) seeks relief from the requirement of installing offsite improvements along both
Tioga Way and Racel Street. The applicant states in the justification letter; It is the developers
belief that by constructing full offsite improvements this would not be consistent with the
surrounding neighborhood and cause issues with the neighbors who currently own horse
properties in the area. Staff does not concur with this assessment of the area and cite the
completed residential subdivision on the north side of Racel Street as a reason for requiring the
offsite improvements, as they did.
Public Works Department staff had the following comment regarding VAR-58682: when a site
is developed in the City of Las Vegas, it is customary to require the installation of all incomplete
or damaged improvements surrounding the site so they match what exists in the surrounding
area. Additionally, Title 19.04.070.E is in place to clearly separate private streets from public
streets where they do not meet public standards as there is otherwise little to differentiate
between public and private without a gate.
Although half street improvements are not customary in this area, the City is currently working
on building complete streets throughout the City. In the recent past, projects similar to this one
have provided all half-street improvements except for sidewalks and streetlights. A project at the
northeast corner of Tioga Way and Grand Teton Drive has permits issued to construct complete
half-street improvements on Tioga Way. Additionally, no gate is being provided for the private
street cul-de-sac. Therefore, Public Works recommends denial of this application. However, if
approved, with conditions.
The second Variance (VAR-58600) seeks relief from limiting the retaining wall height to four
feet. The applicant is requesting portions of the retaining wall to be nearly eight feet high as a
result of the natural slope of the parcel. The added height is required in order to create the
necessary slope to allow the sewer to drain to the north, where the main sewer connection is
located in the Racel Street right-of-way. Staff supports this request as this hardship is not selfcreated and is necessary in order for the development of the parcel. However, since staff does
not support the other variance requests, we are recommending denial of all associated
applications.
The submitted north/south cross section show a 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 or
equal to 2%, is allowed a maximum 4-foot retaining wall. An 8-foot high retaining wall is
shown along the southern property line.

YK

VAR-58599, VAR-58600, VAR-58682, WVR-58613 and TMP-58528 [PRJ-58320]


Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

The submitted east/west cross section show a 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 or
equal to 2%, is allowed a maximum 4-foot retaining wall. A 3.5-foot retaining wall and an 8foot high retaining wall are shown interior to the site.
The third Variance (VAR-58682) seeks relief from installing sidewalks, streetlights and a gate
for a proposed private street. The applicant cites several nearby four-lot residential subdivisions
with similar conditions. These are primarily located within Clark County and were developed
under a different jurisdictions standards. The property was recently annexed into the City at the
current owners request knowing that development would require City of Las Vegas development
standards. Staff does not support this request.
In addition, the applicant requests a Waiver (WVR-58613) to allow an intersection offset to be
less than the required 220 feet. Public Works staff supports this request, but has indicated that
future traffic increases may require mitigation measures. Staff supports this request. However,
since staff does not support two of the variance requests, we are recommending denial of all
associated applications.
A Tentative Map was required, verses a Parcel Map as a result of the need for a separate lot, in
which to locate the required Equestrian Trail along Racel Street. The applicant intends to install
the trail on a separate parcel and then deed it to the City of Las Vegas to maintain. A Parcel Map
does not allow for the proposed five-lot configuration.
The applicant is requesting development of a parcel with multiple deviations from the City of
Las Vegas development standards as evidences by the three Variances and one Waiver request
for this relatively small project. A majority of these requests are not supported by staff and could
create issues that the City would have to address in the future.
In conclusion, a four-lot single-family residential subdivision is an appropriate use for the parcel
when developed to City of Las Vegas development standards. However, the applicant has
requested several deviations from the Citys codes and as a result, staff recommends denial of all
applications as submitted for the project.

FINDINGS (VAR-58599)
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.

Permit a use in a zoning district in which the use is not allowed;


Vary any minimum spacing requirement between uses;
Relieve a hardship which is solely personal, self-created or financial in nature.

YK

VAR-58599, VAR-58600, VAR-58682, WVR-58613 and TMP-58528 [PRJ-58320]


Staff Report Page Six
May 12, 2015 - Planning Commission Meeting

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
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 install the required offsite improvements
adjacent to their proposed development. An alternative is to install the offsite improvements 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-58600)
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.

Permit a use in a zoning district in which the use is not allowed;


Vary any minimum spacing requirement between uses;
Relieve a hardship which is solely personal, self-created or financial in nature.

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
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.

YK

VAR-58599, VAR-58600, VAR-58682, WVR-58613 and TMP-58528 [PRJ-58320]


Staff Report Page Seven
May 12, 2015 - Planning Commission Meeting

Evidence of a unique or extraordinary circumstance has been presented, in that the applicant has
not created a self-imposed hardship by requesting to install an eight-foot tall retaining wall. Do
to the natural grade and contour of the land there are no alternatives that would allow for
conformance to the Title 19 requirements. As a result of this hardship imposed by the sites
physical characteristics, it is concluded that the applicants hardship is not preferential in nature,
and it is thereby within the realm of NRS Chapter 278 for granting of Variances.

FINDINGS (VAR-58682)
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.

Permit a use in a zoning district in which the use is not allowed;


Vary any minimum spacing requirement between uses;

3.

Relieve a hardship which is solely personal, self-created or financial in nature.

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
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 install a gate, sidewalks or streetlights
on a private street. An alternative is to install these requirements 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 (WVR-58613)
Public Works has no immediate concerns with the requested Waiver of intersection offset
distance; however it is possible that traffic patterns in the future might require the limitation of
vehicular movements at the subject intersection to ensure safe operation.

YK

VAR-58599, VAR-58600, VAR-58682, WVR-58613 and TMP-58528 [PRJ-58320]


Staff Report Page Eight
May 12, 2015 - Planning Commission Meeting

FINDINGS (TMP-58528)
The Tentative Map conforms to Nevada Revised Statutes for a subdivision of land. However, as
evidenced by the three Variances and one Waiver request of Title 19, the project is not
appropriate in its current design; therefore, staff recommends denial.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

26 - VAR-58599 & VAR-58600


37 - VAR-58682 & TMP-58528
36 - WVR-58613

NOTICES MAILED

168 - VAR-58599, VAR-58600 & VAR-58682


168 - WVR-58613 & TMP-58528

APPROVALS

0 - VAR-58599, VAR-58600 & VAR-58682


0 - WVR-58613 & TMP-58528

PROTESTS

1 - VAR-58599, VAR-58600 & VAR-58682


1 - WVR-58613 & TMP-58528

YK

VAR-58599

A b A 77 7
7A 77 b 77 77

77 b 7 7 7 7

7 7

A 7 7

77
77 7 7 777 7 7

b 7 7 7
7A 7 7

A 7 7A
7

77 7
7

77A 7 77 b 7 7

b 7 7
7 77 77

A b A 77 7 7b

b 7 7

7 7

b
7A

A 7 7b 7 b 7 ?

b 7 7

A 7

7777777777 7 7 7
7 7 77 7777 7

77777777

7 777

7777777 7? 77777 77
b 7777
77 777 7 7777777
777 77

7 7

A 77 7777777 77 77

7 7 7

77 77

77

77 77?777 7777 7 77

7 A 7 7
b 7

VAR-58599

7
7

7
7
7 77777b
7

77 77 7777
7 777 77
7 777 7
7 77

A
7 ?A 7 7 7

VAR-58599, VAR-58600, VAR-58682, WVR-58613 and TMP-58528

bA77A7b

A7b

A77A

b7A

7
7

7 7 7
7 7 7 7
7 7 7

Ab7 bA

VAR-58599, VAR-58600, VAR-58682, WVR-58613 and TMP-58528

A7

VAR-58599, VAR-58600, VAR-58682, WVR-58613 and TMP-58528

VAR-58599 [PRJ-58320] - VARIANCE RELATED TO VAR-58600, VAR-58682, WVR-58613 AND TMP58528 -APPLICANT/OWNER: INVESTOR EQUITY HOMES, LLC 50% AND MOSAIC LAND 2, LLC 50%
SOUTHEAST CORNER OF RACEL STREET AND TIOGA WAY
04/02/15

VAR-58599 [PRJ-58320] - VARIANCE RELATED TO VAR-58600, VAR-58682, WVR-58613 AND TMP58528 -APPLICANT/OWNER: INVESTOR EQUITY HOMES, LLC 50% AND MOSAIC LAND 2, LLC 50%
SOUTHEAST CORNER OF RACEL STREET AND TIOGA WAY
04/02/15

VAR-58599 [PRJ-58320] - VARIANCE RELATED TO VAR-58600, VAR-58682, WVR-58613 AND TMP58528 -APPLICANT/OWNER: INVESTOR EQUITY HOMES, LLC 50% AND MOSAIC LAND 2, LLC 50%
SOUTHEAST CORNER OF RACEL STREET AND TIOGA WAY
04/02/15

A77

b777
7
777
777

7777b777
77777777A7
7777b
7 7 7 7 7 7 7 7 7 7 7 b7 A7 7 7
b7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7
77777777777777777b77
77777777777777777
77777
7777777777A
7777777

777777777777777
777777777777777
7777777777777A77
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7777777777777777777
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7777777777
7777777

7777777777777777777
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7

7 7 7 7 7 7 7 7 7 7 7 7 7 7

7777777777777777



7777777A777777777777777
7

7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7 C7
C 7


7 7 7 7 7 7 7 7 7 7 7 7 7

77777777777777

7b7b77777
7777

VAR-58599, VAR-58600, VAR-58682, WVR-58613 and TMP-58528

777

777777777777777777
77777777777777777
77

7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
777777777777777
7 7 7 7 7 7 7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
77D777777
777777777bD7b77777
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
77777777777777
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7777777

7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
77777777777D7777D777
7777777D777
7777777777777777
7 7 7 7 7 7 7 7 7 7 7 7 A7 7 7 7
7 7 7 D7 7 7 7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 7 7 7 7 7 D7 7
7777777777777
7 7 7 7 7 7 7 7 7 7 7 7
77777
77777777
D7

7CD7

7b7b77777
7777

VAR-58599, VAR-58600, VAR-58682, WVR-58613 and TMP-58528

Agenda Item No.: 48.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
VAR-58600 - VARIANCE RELATED TO VAR-58599 - PUBLIC HEARING APPLICANT/OWNER: INVESTOR EQUITY HOMES, LLC 50% AND MOSAIC LAND 2,
LLC 50% - For possible action on a request for a Variance TO ALLOW AN EIGHT-FOOT
TALL RETAINING WALL WHERE FOUR FEET IS THE MAXIMUM ALLOWED on 2.36
acres on the southeast corner of Racel Street and Tioga Way (APN 125-10-402-001), R-E
(Residence Estates) Zone, Ward 6 (Ross) [PRJ-58320]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

VAR-58600

A b A 77 7
7A 77 b 77 77

77 b 7 7 7 7

7 7

A 7 7

77
77 7 7 777 7 7

b 7 7 7
7A 7 7

A 7 7A
7

77 7
7

77A 7 77 b 7 7

b 7 7
7 77 77

A b A 77 7 7b

b 7 7

7 7

b
7A

A 7 7b 7 b 7 ?

b 7 7

A 7

7777777777 7 7 7
7 7 77 7777 7

77777777

7 777

7777777 7? 77777 77
b 7777
77 777 7 7777777
777 77

7 7

A 77 7777777 77 77

7 7 7

77 77

77

77 77?777 7777 7 77

7 A 7 7
b 7

VAR-58600

7
7

7
7
7 77777b
7

77 77 7777
7 777 77
7 777 7
7 77

A
7 ?A 7 7 7

Agenda Item No.: 49.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
VAR-58682 - VARIANCE RELATED TO VAR-58599 AND VAR-58600 - PUBLIC
HEARING - APPLICANT/OWNER: INVESTOR EQUITY HOMES, LLC 50% AND MOSAIC
LAND 2, LLC 50% - For possible action on a request for a Variance TO ALLOW NO
SIDEWALKS, STREETLIGHTS OR GATE ON A PRIVATE STREET WHERE SUCH ARE
REQUIRED on 2.36 acres on the southeast corner of Racel Street and Tioga Way (APN 125-10402-001), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-58320]. Staff recommends
DENIAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

VAR-58682

A b A 77 7
7A 77 b 77 77

77 b 7 7 7 7

7 7

A 7 7

77
77 7 7 777 7 7

b 7 7 7
7A 7 7

A 7 7A
7

77 7
7

77A 7 77 b 7 7

b 7 7
7 77 77

A b A 77 7 7b

b 7 7

7 7

b
7A

A 7 7b 7 b 7 ?

b 7 7

A 7

7777777777 7 7 7
7 7 77 7777 7

77777777

7 777

7777777 7? 77777 77
b 7777
77 777 7 7777777
777 77

7 7

A 77 7777777 77 77

7 7 7

77 77

77

77 77?777 7777 7 77

7 A 7 7
b 7

VAR-58682

7
7

7
7
7 77777b
7

77 77 7777
7 777 77
7 777 7
7 77

A
7 ?A 7 7 7

Agenda Item No.: 50.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
WVR-58613 - WAIVER RELATED TO VAR-58599, VAR-58600 AND VAR-58682 PUBLIC HEARING - APPLICANT/OWNER: INVESTOR EQUITY HOMES, LLC 50% AND
MOSAIC LAND 2, LLC 50% - For possible action on a request for a Waiver TO ALLOW A
175-FOOT INTERSECTION OFFSET WHERE 220 FEET IS REQUIRED on 2.36 acres on the
southeast corner of Racel Street and Tioga Way (APN 125-10-402-001), R-E (Residence
Estates) Zone, Ward 6 (Ross) [PRJ-58320]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest Postcard - WVR-58613 and TMP-58528 [PRJ-58320]

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

WVR-58613

A b A 77 7
7A 77 b 77 77

77 b 7 7 7 7

7 7

A 7 7

77
77 7 7 777 7 7

b 7 7 7
7A 7 7

A 7 7A
7

77 7
7

77A 7 77 b 7 7

b 7 7
7 77 77

A b A 77 7 7b

b 7 7

7 7

b
7A

A 7 7b 7 b 7 ?

b 7 7

A 7

7777777777 7 7 7
7 7 77 7777 7

77777777

7 777

7777777 7? 77777 77
b 7777
77 777 7 7777777
777 77

7 7

A 77 7777777 77 77

7 7 7

77 77

77

77 77?777 7777 7 77

7 A 7 7
b 7

WVR-58613

7
7

7
7
7 77777b
7

77 77 7777
7 777 77
7 777 7
7 77

A
7 ?A 7 7 7

Agenda Item No.: 51.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
TMP-58528 - TENTATIVE MAP RELATED TO VAR-58599, VAR-58600, VAR-58682 AND
WVR-58613 - SEC TIOGA & RACEL - PUBLIC HEARING - APPLICANT/OWNER:
INVESTOR EQUITY HOMES, LLC 50% AND MOSAIC LAND 2, LLC 50% - For possible
action on a request for a Tentative Map FOR A FOUR-LOT SINGLE-FAMILY RESIDENTIAL
SUBDIVISION on 2.36 acres on the southeast corner of Racel Street and Tioga Way (APN 12510-402-001), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-58320]. Staff recommends
DENIAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

TMP-58528

A b A 77 7
7A 77 b 77 77

77 b 7 7 7 7

7 7

A 7 7

77
77 7 7 777 7 7

b 7 7 7
7A 7 7

A 7 7A
7

77 7
7

77A 7 77 b 7 7

b 7 7
7 77 77

A b A 77 7 7b

b 7 7

7 7

b
7A

A 7 7b 7 b 7 ?

b 7 7

A 7

7777777777 7 7 7
7 7 77 7777 7

77777777

7 777

7777777 7? 77777 77
b 7777
77 777 7 7777777
777 77

7 7

A 77 7777777 77 77

7 7 7

77 77

77

77 77?777 7777 7 77

7 A 7 7
b 7

TMP-58528

7
7

7
7
7 77777b
7

77 77 7777
7 777 77
7 777 7
7 77

A
7 ?A 7 7 7

Agenda Item No.: 52.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
VAR-58604 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: INVESTOR
EQUITY HOMES, LLC - For possible action on a request for a Variance TO ALLOW NO
OFFSITE IMPROVEMENTS ON ACKERMAN AVENUE AND TIOGA WAY WHERE
SUCH ARE REQUIRED on 2.82 acres on the southeast corner of Ackerman Avenue and Tioga
Way (APN 125-10-402-005), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-58597]. Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-58604, VAR-58606, VAR-58683 and WVR-58614 [PRJ58597]
2. Conditions and Staff Report - VAR-58604, VAR-58606, VAR-58683 and WVR-58614 [PRJ58597]
3. Supporting Documentation - VAR-58604, VAR-58606, VAR-58683 and WVR-58614 [PRJ58597]
4. Photo(s) - VAR-58604, VAR-58606, VAR-58683 and WVR-58614 [PRJ-58597]
5. Justification Letter - VAR-58604, VAR-58606, VAR-58683 and WVR-58614 [PRJ-58597]
6. Protest Postcard - VAR-58604 and VAR-58606 [PRJ-58597]

VAR-58604, VAR-58606, VAR-58683 and WVR-58614 [PRJ-58597]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: INVESTOR EQUITY HOMES, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-58604
VAR-58606
VAR-58683
WVR-58614

RECOMMENDATION
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:

REQUIRED FOR
APPROVAL

DENIAL, if approved subject to


DENIAL, if approved subject to
DENIAL, if approved subject to
DENIAL, if approved subject to

** CONDITIONS **

VAR-58604 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.

YK

VAR-58604, VAR-58606, VAR-58683 and WVR-58614 [PRJ-58597]


Conditions Page Two
May 12, 2015 - Planning Commission Meeting

Public Works
5.

Sign and record a Covenant Running with Land Agreement for half street improvements
not constructed at this time on Ackerman Avenue and Tioga Way. Extend all required
underground utilities, such as electrical, telephone, etc., located within public rights-ofway, past the boundaries of this site prior to construction of hard surfacing (asphalt or
concrete).

6.

The installation of streetlights shall be deferred provided that exterior street lighting shall
be stubbed out for later use, including all necessary underground improvements including
bases, conduit and pull boxes at each streetlight location, and the developer provides to the
City such streetlights for future installation. Alternatively, monies in lieu of such deferred
streetlights, including bases, may be contributed to the City if allowed by the Department
of Public Works. Coordinate with the Traffic Engineering Section of the Department of
Public Works regarding street lighting requirements prior to submittal of construction
drawings.

VAR-58606 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.

YK

VAR-58604, VAR-58606, VAR-58683 and WVR-58614 [PRJ-58597]


Conditions Page Three
May 12, 2015 - Planning Commission Meeting

VAR-58683 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.

YK

VAR-58604, VAR-58606, VAR-58683 and WVR-58614 [PRJ-58597]


Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant has submitted a Parcel Map for a four-lot single-family residential subdivision
located on the southeast corner of Ackerman Avenue and Tioga Way. The applicant is
requesting several deviations from code requirements to allow for no installation of off-site and
on-site improvements, as well as wall heights and street intersection off-sets, as reflected in the
three Variances and one Waiver applications. The Parcel Map is on hold pending the approval of
these applications. Although staff can support the additional wall height and intersection off-set,
the remaining two applications are not supported. As a result, staff recommends denial of all
four applications associated with this request. If denied, the Parcel Map will not be approved
and the parcel will remain undivided.
ISSUES

A Variance (VAR-58604) is required to allow no offsite improvements on Tioga Way


where such are required. Staff does not support this request.
A Variance (VAR-58606) is required to allow an eight-foot tall retaining wall where four
feet is the maximum allowed. Staff does not support this request.
A Variance (VAR-58683) is required to allow no sidewalks, streetlights or gate on a
private street where such are required. Staff does not support this request.
A Waiver (WVR-58614) is required to allow a 200-foot intersection offset where 220
feet is required. Staff does not support this request.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved an Annexation (ANX-56802) for this site as part
02/18/15
of a larger request. The effective date was 02/27/15.

Most Recent Change of Ownership


06/21/13
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no related permits on file for this site.

YK

VAR-58604, VAR-58606, VAR-58683 and WVR-58614 [PRJ-58597]


Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Pre-Application Meeting
Staff met with the applicant to review a five-lot residential subdivision, with
03/11/15
one of the lots being a common lot. The applicant stated the project would be
developed to code.
Staff met with the applicant a second time to work out the applications
04/01/15
required for a four-lot residential subdivision as the applicant had changed the
scope of the project since the first pre-application meeting.

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

Field Check
04/02/15

Staff visited the site and found an undeveloped parcel free of trash and debris.

Details of Application Request


Site Area
Net Acres
2.82

Surrounding
Property
Subject Property

Existing Land Use


Per Title 19.12
Undeveloped

North

Undeveloped

South

Undeveloped

East

Single-Family,
Detached

West

Single-Family,
Detached

Planned or Special
Land Use Designation
RNP (Rural
Neighborhood
Preservation)
RN (Rural
Neighborhood) Clark
County
PCD (Planned
Community
Development)
RN (Rural
Neighborhood) Clark
County
RN (Rural
Neighborhood) Clark
County

Existing Zoning District


R-E (Residence Estates)
R-E (Rural Estates
Residential District) Clark
County
R-1 (Single Family
Residential)
R-E (Rural Estates
Residential District) Clark
County
R-E (Rural Estates
Residential District) Clark
County

YK

VAR-58604, VAR-58606, VAR-58683 and WVR-58614 [PRJ-58597]


Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
No Applicable Special Purpose or Overlay Districts
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
Compliance
N/A
Compliance
N/A
N/A
N/A
N/A

DEVELOPMENT STANDARDS

Street Name

Functional
Classification of
Street(s)

Tioga Way

Minor Collector

Ackerman Avenue

Minor Collector

Streetscape Standards

Required
To install curb, gutter, streetlights, a
five-foot wide sidewalk and a fivefoot wide amenity area.
To install curb, gutter, streetlights, a
five-foot wide sidewalk and a fivefoot wide amenity area.

Ackerman Avenue

Tioga Way

Waivers
Requirement
To provide a 220-foot distance
separation between intersections when
providing external access to an
existing or planned ROW of 60 feet or
greater per Title 19.02.140.

Governing Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

60

60

Planned Streets and


Highways Map
Planned Streets and
Highways Map

Provided

Compliance

To provide none of
the requirements.

To provide none of
the requirements.

Request
Staff Recommendation
To allow a 200-foot offset from
the intersections of Tioga Way
and the proposed Private Street.
Approval

YK

VAR-58604, VAR-58606, VAR-58683 and WVR-58614 [PRJ-58597]


Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

ANALYSIS
The applicant has submitted three Variances and a Waiver request for approval needed for the
development of a four-lot residential subdivision. The first Variance (VAR-58604) seeks relief
from the requirement of installing offsite improvements along both Tioga Way and Ackerman
Avenue. The applicant states in the justification letter; It is the developers belief that by
constructing full offsite improvements this would not be consistent with the surrounding
neighborhood and cause issues with the neighbors who currently own horse properties in the
area. Staff does not concur with this assessment of the area.
Public Works Department staff had the following comment regarding VAR-58683: when a site
is developed in the City of Las Vegas, it is customary to require the installation of all incomplete
or damaged improvements surrounding the site so they match what exists in the surrounding
area. Additionally, Title 19.04.070.E is in place to clearly separate private streets from public
streets where they do not meet public standards as there is otherwise little to differentiate
between public and private without a gate.
Although half street improvements are not customary in this area, the City is currently working
on building complete streets throughout the City. In the recent past, projects similar to this one
have provided all half-street improvements except for sidewalks and streetlights. A project at the
northeast corner of Tioga Way and Grand Teton Drive has permits issued to construct complete
half-street improvements on Tioga Way. Additionally, no gate is being provided for the private
street cul-de-sac. Therefore, Public Works recommends denial of this application. However, if
approved, with conditions.
The second Variance (VAR-58606) seeks relief from limiting the retaining wall height to four
feet. The applicant is requesting portions of the retaining wall to be nearly eight feet high as a
result of the natural slope of the parcel. The added height is required in order to create the
necessary slope to allow the sewer to drain to the west, where the main sewer connection is
located in the Tioga Way right-of-way. Staff supports this request as this hardship is not selfcreated and is necessary in order for the development of the parcel. However, since staff does
not support the other variance requests, we are recommending denial of all associated
applications.
The submitted north/south cross section show a maximum natural grade less than 2% across this
site. Per the Tables in Subdivision Code 19.06.050 a development with natural slopes less than
or equal to 2%, is allowed a maximum four-foot retaining wall.
The submitted east/west cross section show a maximum natural grade greater than 2% across this
site. Per the Tables in Subdivision Code 19.06.050, a development with natural slope greater
than or equal to 2% is allowed a maximum 6-foot retaining wall. No retaining walls are shown
on the east/west cross section.

YK

VAR-58604, VAR-58606, VAR-58683 and WVR-58614 [PRJ-58597]


Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

The third Variance (VAR-58683) seeks relief from installing sidewalks, streetlights and a gate
for a proposed private street. The applicant cites several nearby four-lot residential subdivisions
with similar conditions. These are primarily located within Clark County and were developed
under a different jurisdictions standards. The property was recently annexed into the City at the
current owners request knowing that development would require City of Las Vegas development
standards. Staff does not support this request.
In addition, the applicant requests a Waiver (WVR-58614) to allow an intersection offset to be
less than the required 220 feet. Public Works staff supports this request, but has indicated that
future traffic increases may require mitigation measures. Staff supports this request. However,
since staff does not support two of the variance requests, we are recommending denial of all
associated applications.
The applicant is requesting deviations from the City of Las Vegas development standards to
develop a four-lot residential subdivision as evidences by the three Variances and one Waiver
request. Several of these requests are not supported by staff and could create issues that the City
would have to address in the future.
In conclusion, a four-lot single-family residential subdivision is an appropriate use for the parcel
when developed to City of Las Vegas development standards. However, the applicant has
requested several deviations from the Citys codes and as a result, staff recommends denial of all
applications as submitted for the project.
FINDINGS (VAR-58604)
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.

Permit a use in a zoning district in which the use is not allowed;


Vary any minimum spacing requirement between uses;
Relieve a hardship which is solely personal, self-created or financial in nature.

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
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.

YK

VAR-58604, VAR-58606, VAR-58683 and WVR-58614 [PRJ-58597]


Staff Report Page Six
May 12, 2015 - Planning Commission Meeting

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 install the required offsite improvements
adjacent to their proposed development. An alternative is to install the offsite improvements 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-58606)
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.

Permit a use in a zoning district in which the use is not allowed;


Vary any minimum spacing requirement between uses;
Relieve a hardship which is solely personal, self-created or financial in nature.

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
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.
Evidence of a unique or extraordinary circumstance has been presented, in that the applicant has
not created a self-imposed hardship by requesting to install an eight-foot tall retaining wall. Do
to the natural grade and contour of the land there are no alternatives that would allow for
conformance to the Title 19 requirements. As a result of this hardship imposed by the sites
physical characteristics, it is concluded that the applicants hardship is not preferential in nature,
and it is thereby within the realm of NRS Chapter 278 for granting of Variances.
FINDINGS (VAR-58683)
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:

YK

VAR-58604, VAR-58606, VAR-58683 and WVR-58614 [PRJ-58597]


Staff Report Page Seven
May 12, 2015 - Planning Commission Meeting

1.
2.
3.

Permit a use in a zoning district in which the use is not allowed;


Vary any minimum spacing requirement between uses;
Relieve a hardship which is solely personal, self-created or financial in nature.

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
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 install a gate, sidewalks or streetlights
on a private street. An alternative is to install these requirements 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 (WVR-58614)
Public Works has no immediate concerns with the requested Waiver of intersection offset
distance; however it is possible that traffic patterns in the future might require the limitation of
vehicular movements at the subject intersection to ensure safe operation.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

28 - VAR-58604 & VAR-58604


37 - VAR-58683
28 - WVR-58614

97 - VAR-58604 & VAR-58606


97 - VAR-58683 & WVR-58614

YK

VAR-58604, VAR-58606, VAR-58683 and WVR-58614 [PRJ-58597]


Staff Report Page Eight
May 12, 2015 - Planning Commission Meeting

APPROVALS

0 - VAR-58604 & VAR-58606


0 - VAR-58683 & WVR-58614

PROTESTS

1 - VAR-58604 & VAR-58606


1 - VAR-58683 & WVR-58614

YK

A A A

VAR-58604


A
3


A A

A 3

A A

A A
A A 3

A 3

A A


A 3

A A

A 3

VAR-58604

A
3A

VAR-58604, VAR-58606, VAR-58683 and WVR-58614

AA

AA

A A

VAR-58604, VAR-58606, VAR-58683 and WVR-58614

VAR-58604, VAR-58606, VAR-58683 and WVR-58614

VAR-58604, VAR-58606, VAR-58683 and WVR-58614

VAR-58604 [PRJ-58597] - VARIANCE REALATED TO VAR-58606, VAR-58683 AND WVR-58614 APPLICANT/OWNER: INVESTOR EQUITY HOMES, LLC
SOUTHEAST CORNER OF ACKERMAN AVENUE AND TIOGA WAY
04/02/15

VAR-58604 [PRJ-58597] - VARIANCE REALATED TO VAR-58606, VAR-58683 AND WVR-58614 APPLICANT/OWNER: INVESTOR EQUITY HOMES, LLC
SOUTHEAST CORNER OF ACKERMAN AVENUE AND TIOGA WAY
04/02/15

A77

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777

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7 7 7 7 7 7 7 7 7 7 7 b7 7
777777777777777
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
777777777777
7777777777777A<7A777b
777777777777777777
77
7777777777A
7777777

777777777777777
777777777777777
7777A<77777777A77
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
77A<7A777777777777777
77777777777777777
7777777777
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7777777777777777777
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7

7 7 7 7 7 7 7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
A
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777777777777777777777
D
7777777777777777D

7777777777777

7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7
7
7

7b7b77777
7777

VAR-58604, VAR-58606, VAR-58683 and WVR-58614

777

777777777777777777
77777

7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
777A<7A77777777777
777777777777777
7 7 7 7 7 7 7 7 7 7 7 7 7 <7 7 7
77
777777777b<7b77777
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
77777777777777
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7777777

7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
77777777777<7777<777
7777777<777
7777777777777777
7 7 7 7 7 7 7 7 7 7 7 7 A7 7 7 7
7 7 7 <7 7 7 7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 7 7 7 7 7 <7 7
7777777777777
7 7 7 7 7 7 7 7 7 7 7 7
77777
77777777
<7

7D<7

7b7b77777
7777

VAR-58604, VAR-58606, VAR-58683 and WVR-58614

Agenda Item No.: 53.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
VAR-58606 - VARIANCE RELATED TO VAR-58604 - PUBLIC HEARING APPLICANT/OWNER: INVESTOR EQUITY HOMES, LLC - For possible action on a request
for a Variance TO ALLOW EIGHT-FOOT TALL RETAINING WALLS WHERE FOUR FEET
IS THE MAXIMUM ALLOWED on 2.82 acres on the southeast corner of Ackerman Avenue
and Tioga Way (APN 125-10-402-005), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ58597]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

A A A

VAR-58606


A
3


A A

A 3

A A

A A
A A 3

A 3

A A


A 3

A A

A 3

VAR-58606

A
3A

Agenda Item No.: 54.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
VAR-58683 - VARIANCE RELATED TO VAR-58604 AND VAR-58606 - PUBLIC
HEARING - APPLICANT/OWNER: INVESTOR EQUITY HOMES, LLC - For possible action
on a request for a Variance TO ALLOW NO SIDEWALKS, STREETLIGHTS OR GATE ON A
PRIVATE STREET WHERE SUCH ARE REQUIRED on 2.82 acres on the southeast corner of
Ackerman Avenue and Tioga Way (APN 125-10-402-005), R-E (Residence Estates) Zone, Ward
6 (Ross) [PRJ-58597]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest Postcard - VAR-58683 and WVR-58614 [PRJ-58597]

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

A A A

VAR-58683


A
3


A A

A 3

A A

A A
A A 3

A 3

A A


A 3

A A

A 3

VAR-58683

A
3A

Agenda Item No.: 55.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
WVR-58614 - WAIVER RELATED TO VAR-58604, VAR-58606 AND VAR-58683 PUBLIC HEARING - APPLICANT/OWNER: INVESTOR EQUITY HOMES, LLC - For
possible action on a request for a Waiver TO ALLOW A 200-FOOT INTERSECTION OFFSET
WHERE 220 FEET IS REQUIRED on 2.82 acres on the southeast corner of Ackerman Avenue
and Tioga Way (APN 125-10-402-005), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ58597]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

A A A

WVR-58614


A
3


A A

A 3

A A

A A
A A 3

A 3

A A


A 3

A A

A 3

WVR-58614

A
3A

Agenda Item No.: 56.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
VAR-58558 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: HARRISON
PROPERTIES, LTD - For possible action on a request for a Variance TO ALLOW A
PROPOSED ROOF SIGN TO PROJECT HORIZONTALLY SEVEN FEET FROM THE
ROOF WHERE FOUR FEET IS ALLOWED on 0.77 acres at 709-731 South Las Vegas
Boulevard (APN 139-34-401-020), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ57677]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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. Protest/Support Postcards

VAR-58558 [PRJ-57677]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: HARRISON PROPERTIES, LTD

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

VAR-58558

Staff recommends DENIAL, if approved subject to


conditions:

REQUIRED FOR
APPROVAL

** CONDITIONS **

VAR-58558 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for a Sign Design Review
(ARC-58559) shall be required prior to installation of the sign, if approved.

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

VAR-58558 [PRJ-57677]
Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting a Variance to allow a proposed roof sign (Sign Type A) to project
seven feet from the building where four feet is allowed at a commercial development under
construction at 725 South Las Vegas Boulevard. The proposed sign would not encroach into the
public right-of-way. The applicant wishes to make the sign visible to traffic on Las Vegas
Boulevard; however, there is not an extraordinary circumstance related to the property itself that
warrants additional projection in doing so. Therefore, staff recommends denial, with conditions
if approved. If this request is denied, a permit for the sign could not be issued for the proposed
location.

ISSUES

The Downtown Design Review Committee denied the design review of the proposed roof
sign. The applicant is expected to appeal this decision to the City Council.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The Downtown Design Review Committee approved a Sign Design Review
(ARC-48760) for an existing Pawn Shop with a waiver to allow 50 percent
animation with no neon where 75 percent neon illumination and/or animation
04/16/13
is required at 709 and 713 South Las Vegas Boulevard. Staff recommended
denial. A condition of approval required chasing lights to be added around
the entire perimeter of the proposed sign.
The City Council approved a Variance (VAR-48762) to allow a proposed
projecting sign on the same property as an existing freestanding sign where
06/09/13
such is not allowed on 0.16 acres at 713 South Las Vegas Boulevard. The
Planning Commission recommended approval; staff recommended denial.
A Final Map (FMP-56613) was recorded to revert to raw acreage 10 lots on
01/06/15
0.78 acres located on the east side of Las Vegas Boulevard, approximately 50
feet north of Gass Avenue.
The Downtown Design Review Committee denied a Sign Design Review
04/21/15
(ARC-58559) for a commercial development at 709-731 South Las Vegas
Boulevard, including the proposed roof sign.

SS

VAR-58558 [PRJ-57677]
Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Most Recent Change of Ownership


02/09/05
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
A building permit (#93181826) was issued for a vinyl changeout of an
04/02/93
existing wall sign at 713 South Las Vegas Boulevard. A final inspection has
not been completed.
A building permit (#99008631) was issued for eight existing cabinet wall
05/05/99
signs at 713 South Las Vegas Boulevard. A final inspection was approved
05/13/99.
A building permit (#00010182) was issued for a wall sign at 713 South Las
05/25/00
Vegas Boulevard. A final inspection was approved 06/28/00.
A building permit (#02006348) was issued for an 84.5 square-foot wall sign
04/10/02
at 713 South Las Vegas Boulevard. A final inspection has not been
completed.
A building permit (230590) was issued for a projecting sign at 713 South Las
07/01/13
Vegas Boulevard. A final inspection was approved 08/02/13.
A building permit (273378) was issued for an 11,010 square-foot office and
02/12/15
retail building at 725 South Las Vegas Boulevard. A final inspection has not
been completed.
Pre-Application Meeting
Staff and the applicants representative discussed requirements for submittal
of a signage design review application for the Downtown Design Review
Committee. The attendees were informed that the proposed sign did not meet
the zoning code requirements for projecting signs and that the proposed
01/20/15
illumination and animation did not meet minimum Scenic Byway standards.
Therefore, a variance and waiver would need to be requested, and both would
require separate public hearings. The applicant later reworked the request to
change the projecting sign to a roof sign; however, a variance would still be
required for the amount of projection from the roof.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
04/02/15

A new multi-story building is under construction on the south end of the


parcel. The only existing signage is located on a freestanding sign, projecting
sign and wall signs for the pawn shop to the north of this new building.

SS

VAR-58558 [PRJ-57677]
Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres
0.77

Surrounding
Property
Subject Property
North
South
East
West

Existing Land Use


Per Title 19.12
Pawn Shop
General Retail
Parking Facility
Bailbond Service
Office, Other than
Listed
Office, Other than
Listed

Planned Land Use


Designation

Existing Zoning District

C (Commercial)

C (Commercial)

C (Commercial)
MXU (Mixed Use)

C-2 (General Commercial)


C-2 (General Commercial)

C (Commercial)

C-1 (Limited Commercial)

C (Commercial)

C-2 (General Commercial)

Master Plan Areas


Downtown Centennial Plan
Special Purpose and Overlay Districts
Live/Work Overlay District
Las Vegas Boulevard Scenic Byway Overlay District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
Y
Compliance
N/A
Y
Compliance
N/A
Y
N/A
N/A

DEVELOPMENT STANDARDS
Pursuant to Title 19.08 and Title 19.10.160, the following standards apply:
Roof Signs [Sign Type A, west elevation]
Standards
Allowed
Maximum Number
1 per building elevation
20% of building elevation
Maximum Area
up to 150 SF
No more than 8 feet above
Maximum Height
top of wall or parapet

Provided
1 sign on the west elevation

Compliance
Y

23 SF Less than 20%

8 feet above top of parapet

SS

VAR-58558 [PRJ-57677]
Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

Roof Signs [Sign Type A, west elevation]


Standards
Allowed
Maximum Projection
4 feet from roof
Min. 75% neon
Illumination
illumination and/or
animation

Provided
7 feet from roof

Compliance
N

75% neon/simulated neon


and animation

ANALYSIS
Signage within the Downtown South District of the Downtown Centennial Plan Overlay District is
subject to Title 19.08.120 standards for zoning and design. Illumination of each regulated sign is
subject to the requirements of 19.10.160 for the Las Vegas Boulevard Scenic Byway Overlay
District; a sign design review is also required. Although it did not take issue with the design of the
proposed roof sign, on April 21, 2015 the Downtown Design Review Committee denied the
accompanying Master Sign Plan design review (ARC-58559), as the other signs were not in
conformance with the requirements and the spirit of the Las Vegas Boulevard Scenic Byway
Overlay.
As lots comprising the subject site were recently combined, the applicant elected to make Sign Type
A a roof sign rather than a projecting sign, which would have required a variance. However, a
Variance is now required to allow the proposed roof sign to project more than four feet from the
roof, even though it would not encroach into the public right-of-way. As there is no extraordinary
characteristic of the property that requires the sign to project more than four feet from the building,
staff does not support this Variance.

FINDINGS (VAR-58558)
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.

Permit a use in a zoning district in which the use is not allowed;


Vary any minimum spacing requirement between uses;
Relieve a hardship which is solely personal, self-created or financial in nature.

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships

SS

VAR-58558 [PRJ-57677]
Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

upon, the owner of the property, a variance from that strict application may be granted so
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 a sign that is set back from the street such that
it is proposed to project further from the building than allowed by Title 19. Redesigning the sign
to reduce the length of projection by three feet 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.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

332

APPROVALS

PROTESTS

37

SS

VAR-58558

PRJ-57677
03/26/15

b777A7
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VAR-58558
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VAR-58558 [PRJ-57677] - VARIANCE -APPLICANT/OWNER: HARRISON PROPERTIES, LTD


709-731 SOUTH LAS VEGAS BOULEVARD
04/02/15

VAR-58558 [PRJ-57677] - VARIANCE -APPLICANT/OWNER: HARRISON PROPERTIES, LTD


709-731 SOUTH LAS VEGAS BOULEVARD
04/02/15

VAR-58558 [PRJ-57677] - VARIANCE -APPLICANT/OWNER: HARRISON PROPERTIES, LTD


709-731 SOUTH LAS VEGAS BOULEVARD
04/02/15

VAR-58558 [PRJ-57677] - VARIANCE -APPLICANT/OWNER: HARRISON PROPERTIES, LTD


709-731 SOUTH LAS VEGAS BOULEVARD
04/02/15

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Agenda Item No.: 57.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
SUP-58539 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
SENIOR NEVADA BENEFIT GROUP, LP - For possible action on a request for a Special Use
Permit FOR A PROPOSED MOTOR VEHICLE SALES (USED) USE WITH A WAIVER TO
ALLOW 18,295 SQUARE FEET OF AREA DEDICATED TO THE USE WHERE 25,000
SQUARE FEET IS THE MINIMUM REQUIRED at 2600 Fremont Street (APN 162-01-103001), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-57899]. Staff recommends
APPROVAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - SUP-58539 and SDR-58540 [PRJ-57899]
2. Conditions and Staff Report - SUP-58539 and SDR-58540 [PRJ-57899]
3. Supporting Documentation - SUP-58539 and SDR-58540 [PRJ-57899]
4. Photo(s) - SUP-58539 and SDR-58540 [PRJ-57899]
5. Justification Letter - SUP-58539 and SDR-58540 [PRJ-57899]
6. Support Postcard - SUP-58539 and SDR-58540 [PRJ-57899]

SUP-58539 and SDR-58540 [PRJ-57899]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: SENIOR NEVADA BENEFIT GROUP,
LP

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SUP-58539
SDR-58540

RECOMMENDATION
Staff recommends APPROVAL, subject to conditions:
Staff recommends APPROVAL, subject to conditions:

REQUIRED FOR
APPROVAL
SUP-58539

** CONDITIONS **

SUP-58539 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Motor Vehicle
Sales (Used) use.

2.

Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-58540) 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.

A Waiver from Title 19.12 is hereby approved, to allow 18,295 square feet of area
dedicated to the use where 25,000 square feet is the minimum required.

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.

6.

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.

JB

SUP-58539 and SDR-58540 [PRJ-57899]


Conditions Page Two
May 12, 2015 - Planning Commission Meeting

7.

No temporary signs such as banners, pennants, inflatable objects, streamers, flags, or other
similar attention gaining item or devices shall be displayed upon the subject property or a
vehicle displayed for sale in the parking lot of the subject property without the appropriate
permits.

8.

All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.

SDR-58540 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 development shall be in conformance with the site plan and landscape plan dated
stamped 04/08/15; and building elevations date stamped 03/25/15, except as amended by
conditions herein.

3.

A Waiver from Title 19.08.080 is hereby approved, to allow a ten-foot wide landscape
buffer along a portion of the east property line with the exception of one spot which is
seven-feet wide and a five-foot wide landscape buffer along a portion of the west property
line where 15 feet is required adjacent to right-of-way.

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 technical landscape plan, signed and sealed by a Registered Architect, Landscape


Architect, Residential Designer or Civil Engineer, must be submitted prior to or at the same
time application is made for a building permit. A permanent underground sprinkler system
is required, and shall be permanently maintained in a satisfactory manner; the landscape
plan shall include irrigation specifications. Installed landscaping shall not impede visibility
of any traffic control device.

JB

SUP-58539 and SDR-58540 [PRJ-57899]


Conditions Page Three
May 12, 2015 - Planning Commission Meeting

7.

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.

8.

All City Code requirements and design standards of all City Departments must be satisfied,
except as modified herein.

Public Works
9.

Prior to the issuance of any building permits, dedicate a radius at the intersection of
Fremont Street and Atlantic Street to the satisfaction of the City of Las Vegas Traffic
Engineer, matching as closely as possible to the existing back of sidewalk location.

10.

In accordance with code requirements of Title 13.56, remove all unused driveways and
substandard offsite improvements and replace with new improvements meeting Current
City Standards 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.

Concurrent with development of this site, connect the proposed building to the existing
public sewer line in Atlantic Street.

12.

Driveways must remain open during business hours.

13.

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

14.

Submit an Encroachment Agreement for landscaping and private improvements, if any, in


the Atlantic Street public right-of-way prior to this issuance of permits for these
improvements. The applicant must carry an insurance policy for the term of the
Encroachment Agreement and add the City of Las Vegas as an additionally insured entity
on this insurance policy. If requested by the City, the applicant shall remove property
encroaching in the public right-of-way at the applicant's expense pursuant to the terms of
the City's Encroachment Agreement. The installation and maintenance of all private
improvements in the public right of way shall be the responsibility of the adjacent property
owner(s) and shall be transferred with the sale of the property for the entire term of the
Encroachment Agreement. Coordinate all requirements for the Encroachment Agreement
with the Land Development Section of the Department of Building and Safety (229-4836).

JB

SUP-58539 and SDR-58540 [PRJ-57899]


Conditions Page Four
May 12, 2015 - Planning Commission Meeting

15.

Obtain an Occupancy Permit from the Nevada Department of Transportation (NDOT) for
all driveways or other private improvements in the Fremont Street public right-of-way
adjacent to this site prior to constructing any improvements within NDOT jurisdiction. If
NDOT does not approve of the proposed driveway location, the site shall be redesigned to
accommodate NDOT requirements.

16.

Meet with the Fire Protection Engineering Section of the Department of Fire Services to
discuss fire requirements for this site.

17.

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.

JB

SUP-58539 and SDR-58540 [PRJ-57899]


Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit and Site Development Plan Review for a proposed
one-story 382 square-foot Motor Vehicle Sales (Used) use at 2600 Fremont Street. The applicant
has requested a Waiver from Title 19.12 to allow 18,295 square feet of area dedicated to the use
where 25,000 square feet is the minimum required. In addition the applicant has also requested
Waivers of Title 19.08.080 landscape buffer development standards for the proposed
development Motor Vehicle Sales (Used), which requires a Major, Site Development Plan
Review. This project is compatible with the surrounding commercial and multi-family
development in the area; therefore, staff recommends approval of this project with conditions.

ISSUES

The Motor Vehicle Sales (Used) use is permitted in the C-2 (General Commercial) zoning
district with the approval of a Special Use Permit.
A Waiver from Title 19.12 is required to allow 18,295 square feet of area dedicated to the
use where 25,000 square feet is the minimum required.
A Waiver from Title 19.08.080 is required to allow a ten-foot wide landscape buffer along a
portion of the east property line with the exception of one spot which is seven-feet wide and
a five-foot wide landscape buffer along a portion of the west property line where 15 feet is
required adjacent to right-of-way.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
There are no applicable relevant City actions.

Most Recent Change of Ownership


12/14/12
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A Code Enforcement case (#2274) was processed for trash and debris
08/15/03
accumulated in fenced vacant lot at 2600 Fremont Street. The case was
resolved on 09/19/03.

JB

SUP-58539 and SDR-58540 [PRJ-57899]


Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Related Building Permits/Business Licenses


A Code Enforcement case (#43684) was processed for trash and debris
06/21/06
accumulated in fenced vacant lot at 2600 Fremont Street. The case was
resolved on 07/21/06.
A Code Enforcement case (#61838) was processed for a large amount of
01/28/08
weeds and trash accumulated at 2600 Fremont Street. The case was resolved
on 02/21/08.
A Code Enforcement case (#70208) was processed for sign on the chain link
09/29/08
fence at 2600 Fremont Street. The case was resolved on 09/30/08.
A Code Enforcement case (#91741) was processed for trash and debris on a
06/10/10
vacant lot at 2600 Fremont Street. The case was resolved on 06/25/10.
A Code Enforcement case (#95845) was processed for landscaping products
11/02/10
stored in front yard at Las Vegas Connection at 2600 Fremont Street. The
case was resolved on 11/03/10.
A Code Enforcement case (#147311) was processed for vehicles parked on a
10/22/14
vacant lot at 2600 Fremont Street. The case was resolved on 12/10/14.

Pre-Application Meeting
A pre-application meeting was conducted with the applicant to go over the
application materials and submittal requirements for a Special Use Permit &
03/10/15
Site Development Plan Review for a proposed Motor Vehicle Sales (Used)
use with associated Waivers of Title 19 development standards.

Neighborhood Meeting
A neighborhood meeting is not required for this type of request, nor was one held.

Field Check
04/02/15

Staff conducted a routine site visit a found the subject site to be an


undeveloped parcel of land enclosed by a chain link fence with a small
amount of trash and debris.

Details of Application Request


Site Area
Net Acres
0.42

JB

SUP-58539 and SDR-58540 [PRJ-57899]


Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Surrounding
Property

Existing Land Use


Per Title 19.12

Planned or Special
Land Use Designation
GC (General
Commercial)

Subject Property

Undeveloped

North

General Retail

CT (Commercial
Tourist) - Clark County

South

Undeveloped

C (Commercial)

East

General Retail

CT (Commercial
Tourist) - Clark County

General Retail

H (High Density
Residential)

Undeveloped

C (Commercial)

West

Existing Zoning District


C-2 (General
Commercial)
C-2 (General
Commercial) Clark
County
C-2 (General
Commercial)
C-2 (General
Commercial) Clark
County
C-1 (Limited
Commercial)
C-2 (General
Commercial)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
No Applicable Special Purpose or Overlay Districts
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance
*This project is a Project of Regional Significance because subject site requires
Permit is located within 500 feet of the Citys boundary with Clark County.

Compliance
N/A
Compliance
N/A
Compliance
N/A
N/A
N/A
Y*
a Special Use

DEVELOPMENT STANDARDS
Pursuant to Title 19.08, the following standards apply:
Standard
Required/Allowed
Min. Lot Width
100 Feet
Min. Setbacks
Front
10 Feet
Side (west)
10 Feet
Side (east)
10 Feet
20 Feet
Rear

Provided
200 Feet

Compliance
Y

118 Feet
10 Feet
10 Feet
35 Feet

Y
Y
Y
Y

JB

SUP-58539 and SDR-58540 [PRJ-57899]


Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

Standard
Max. Lot Coverage
Max. Building Height

Required/Allowed
50 %
N/A

Trash Enclosure

Screened, Gated, w/
a Roof or Trellis
Screened

Mech. Equipment

Provided
2%
11 Feet
Screened,
Gated, w/
a Roof or
Trellis
Screened

Compliance
Y
Y
Y
Y

Pursuant to Title 19.08, the following standards apply:


Landscaping and Open Space Standards
Required
Provided
Compliance
Standards
Ratio
Trees
Buffer Trees:
South
1 Tree / 20 Linear Feet
9 Trees
9 Trees
Y
East
1 Tree / 20 Linear Feet
8 Trees
8 Trees
Y
1 Tree / 20 Linear Feet
11 Trees
11 Trees
Y
West
TOTAL PERIMETER TREES
28 Trees
28 Trees
Y
1 Tree / 6 Uncovered
Parking Area Trees
Spaces, plus 1 tree at the
9 Trees
9 Trees
Y
end of each row of spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
South
8 Feet
8 Feet
Y
East
15 Feet
7 & 10 Feet
N*
15 Feet
5 Feet
N*
West
Wall Height
6 to 8 Feet Adjacent to Residential
Not Indicated
Y
*The applicant has requested a Waiver from Title 19.08.080 to allow a ten-foot wide landscape
buffer along a portion of the east property line with the exception of one spot which is seven-feet
wide and a five-foot wide landscape buffer along a portion of the west property line where 15
feet is required adjacent to right-of-way.

Street Name

Functional
Classification of
Street(s)

Fremont Street

Primary Arterial

Atlantic Street

Local Street

Governing Document
Master Plan of Streets
and Highways
Master Plan of Streets
and Highways

Actual
Street Width
(Feet)

Compliance
with Street
Section

105

60

JB

SUP-58539 and SDR-58540 [PRJ-57899]


Staff Report Page Five
May 12, 2015 - 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
Motor Vehicle
382 SF
1:500 SF
1
Sales (Used)
1
20
Y
TOTAL SPACES REQUIRED
1
1
19
1
Y
Regular and Handicap Spaces Required

Waivers
Requirement

A 15-foot landscaping buffer is


required adjacent to right-ofway.

A 15-foot landscaping buffer is


required adjacent to right-ofway.

Request
To allow a ten-foot
wide landscape buffer
along a portion of the
east property line with
the exception of one
spot which is sevenfeet wide.
To allow a five-foot
wide landscape buffer
along a portion of the
west property line.

Staff Recommendation

Approval

Approval

ANALYSIS
The subject site is located in a C-2 (General Commercial) zoning district, which allows for retail
and commercial uses of an intense character. The applicant has proposed to develop the site with
a Motor Vehicle Sales (Used) use totaling 382 square feet on 0.42 acres at 2600 Fremont Street.
A Motor Vehicle Sales (Used) use is described in Title 19.12 as: A facility or area, other than an
auto sales showroom, used primarily for the display and sale or leasing of used automobiles,
motorcycles and motor scooters, but excluding mopeds. This use includes service bays and auto
body shops which are incidental and accessory to the sales use. This use is permitted in the C-2
(General Commercial) zoning district with an approved Special Use Permit.
Minimum Special Use Permit Requirements:
1. The minimum site area designated for this use shall be 25,000 square feet.

JB

SUP-58539 and SDR-58540 [PRJ-57899]


Staff Report Page Six
May 12, 2015 - Planning Commission Meeting

The subject site is 0.42 net acres, which is approximately 18,295 square feet in size. The
applicant has requested a Waiver from Title 19.12 to allow 18,295 square feet of area dedicated
to the use where 25,000 square feet is the minimum required.
2. The installation and use of an outside public address or bell system is prohibited.
The applicant has indicated that no public address or bell system will be used with the proposed
development.
3. All exterior lighting shall be screened or otherwise designed so as not to shine directly onto
any adjacent parcel of land.
The applicant has indicated that all exterior lighting shall be screened or otherwise designed so
as not to shine directly onto any adjacent parcel of land.
4. Accessory automobile rental is permitted.
The applicant has acknowledged that accessory automobile rental is permitted; however no
accessory automobile rental has been proposed at this time.
The proposed site design complies with all applicable Title19.08.080 site design requirements
pertaining to building setbacks, which requires a 10-foot distance separation from the front, side
and corner property lines and a 20-foot distance separation from the rear property line. The
proposed building will cover approximately 2% of the 0.42 acres site, which is below the 50%
lot coverage maximum allowed by code. The proposed building is 11 feet in height measured to
the top of the parapet. The submitted building elevations indicate the building faades will have
light beige Cashew Nut stucco finish, with a foam cornice accent around the roof line of the
proposed structure.
The site will provide 20 total parking spaces with one handicapped parking space, which exceeds
the two parking space required by Title 19.12.010 for a Motor Vehicle Sales (Used) use land use.
The subject site is an irregularly shaped tri-angular lot. All landscape buffer planting materials
have been designed to comply with code requirements for spacing and quantities. The primary
tree species being utilized are the 24 36 box Chitalpa, 24 box African Sumac and 24 box
Thornless Chilean Mesquite trees. However, the applicant has requested Waivers from Title
19.08.080 to allow a ten-foot wide landscape buffer along a portion of the east property line with
the exception of one spot which is seven-feet wide and a five-foot wide landscape buffer along a
portion of the west property line where 15 feet is required adjacent to right-of-way.
This project is a Project of Regional Significance because subject site requires a Special Use
Permit is located within 500 feet of the Citys boundary with Clark County. This project was

JB

SUP-58539 and SDR-58540 [PRJ-57899]


Staff Report Page Seven
May 12, 2015 - Planning Commission Meeting

routed to outside agencies for comments. The Las Vegas Valley Water District (LVVWD)
responded with the following comment, This 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
required backflow prevention.
Staff has determined the proposed site is an irregularly shaped tri-angular lot and that the
associated Waivers of Title 19.12 lot size to allow 18,295 square feet of area dedicated to the use
where 25,000 square feet is the minimum required and Title 19.08 landscape buffer standards
will have minimal negative impact to the surrounding area. The proposed use and design of this
proposal will be harmonious with the surrounding land uses. Staff recommends approval of the
requested Special Use Permit and Site Development Plan Review for a Motor Vehicle Sales
(Used) use.

FINDINGS (SUP-58539)
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 Motor Vehicle Sales (Used) can be conducted in a manner that is
harmonious and compatible with the surrounding commercial land uses, and with the
future surrounding land uses.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The subject site is an irregularly shaped tri-angular lot and is 0.42 net acres, which is
approximately 18,295 square feet in size. The applicant has requested a Waiver from
Title 19.12 to allow 18,295 square feet of area dedicated to the use where 25,000 square
feet is the minimum required. Staff has determined that the subject site can physically
accommodate the proposed Motor Vehicle Sales (Used) use and is in close proximity
other commercial uses in the area.

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 Fremont Street, a 105-foot Primary Arterial and Atlantic
Street a 60-foot Local Street as designated in the Master Plan of Streets and Highways.
These streets are sufficient in size to accommodate the needs of the proposed use.

JB

SUP-58539 and SDR-58540 [PRJ-57899]


Staff Report Page Eight
May 12, 2015 - Planning Commission Meeting

4.

Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
Approval of this proposed Special Use Permit will not compromise the public health,
safety and general welfare of the public, as the use will be subject to regular inspections
and licensing restrictions.

5.

The use meets all of the applicable conditions per Title 19.12.
The proposed Motor Vehicle Sales (Used) use does not meet Condition #1 listed in Title
19.12; which requires a minimum area of 25,000 square feet dedicated to the proposed
use. The subject site is 0.42 net acres, which is approximately 18,295 square feet in size.
The applicant has requested a Waiver from Title 19.12 to allow 18,295 square feet of
area dedicated to the use where 25,000 square feet is the minimum required. Staff has
determined that the subject site can physically accommodate the proposed Motor
Vehicle Sales (Used) use and is in close proximity other commercial uses in the area.

FINDINGS (SDR-58540)
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.

The proposed development is compatible with adjacent development and


development in the area;
The proposed Motor Vehicle Sales (Used) can be conducted in a manner that is
harmonious and compatible with the surrounding commercial land uses, and with the
future surrounding land uses.

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;
This project is consistent with the General Plan and the uses allowed in the C-2
(General Commercial) zoning district. However, it is not consistent with the
development standards outlined in Title 19.08 regarding minimum landscape buffer
widths.

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;

JB

SUP-58539 and SDR-58540 [PRJ-57899]


Staff Report Page Nine
May 12, 2015 - Planning Commission Meeting

Site access is provided from Fremont Street, a 105-foot Primary Arterial and Atlantic
Street a 60-foot Local Street as designated in the Master Plan of Streets and Highways.
These streets are sufficient in size to accommodate the needs of the proposed use.
4.

Building and landscape materials are appropriate for the area and for the City;
The project design and style are appropriate for the subject location and will be
harmonious with buildings in the surrounding area. The submitted building elevations
indicate the building faades will have light beige Cashew Nut stucco finish, with a
foam cornice accent around the roof line of the proposed structure. The primary tree
species being utilized are the 24 36 box Chitalpa, 24 box African Sumac and 24 box
Thornless Chilean Mesquite trees, which are consistent with the Southern Nevada
Regional Plan Coalition Regional Plant List.

5.

Building elevations, design characteristics and other architectural and aesthetic


features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;
The design characteristics of the proposed building elevations are not unsightly and are
compatible with development in the area. The proposed materials are suitable for the
surrounding commercial and residential uses and the desert environment.

6.

Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
The proposed development is subject to permit review and inspection; therefore,
appropriate measures will be taken to protect the health, safety and general welfare.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

136

APPROVALS

PROTESTS

30

JB

SUP-58539

PRJ-57899
03/25/15

SUP-58539
05/12/15 PC

PRJ-57899
03/25/15


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SUP-58539 and SDR-58540 - REVISED

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SUP-58539 and SDR-58540 - REVISED

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SUP-58539 & SDR-58540

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SUP-58539 [PRJ-57899] - SPECIAL USE PERMIT RELATED TO SDR-58540 -APPLICANT/OWNER:


SENIOR NEVADA BENEFIT GROUP, LP
2600 FREMONT STREET
04/02/15

SUP-58539 [PRJ-57899] - SPECIAL USE PERMIT RELATED TO SDR-58540 -APPLICANT/OWNER:


SENIOR NEVADA BENEFIT GROUP, LP
2600 FREMONT STREET
04/02/15

SUP-58539 [PRJ-57899] - SPECIAL USE PERMIT RELATED TO SDR-58540 -APPLICANT/OWNER:


SENIOR NEVADA BENEFIT GROUP, LP
2600 FREMONT STREET
04/02/15

SUP-58539 and SDR-58540 - REVISED

SUP-58539 and SDR-58540 - REVISED

SUP-58539 and SDR-58540 - REVISED

SUP-58539 and SDR-58540 - REVISED

Agenda Item No.: 58.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
SDR-58540 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-58539 - PUBLIC
HEARING - APPLICANT/OWNER: SENIOR NEVADA BENEFIT GROUP, LP - For possible
action on a request for a Site Development Plan Review FOR A PROPOSED MOTOR
VEHICLE SALES (USED) USE WITH WAIVERS TO ALLOW A SEVEN-FOOT WIDE
LANDSCAPE BUFFER ALONG THE EAST PROPERTY LINE AND A FIVE-FOOT WIDE
LANDSCAPE BUFFER ALONG A PORTION OF THE WEST PROPERTY LINE WHERE 15
FEET IS REQUIRED ADJACENT TO RIGHT-OF-WAY on 0.42 acres at 2600 Fremont Street
(APN 162-01-103-001), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-57899]. Staff
recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

SDR-58540

PRJ-57899
03/25/15

SDR-58540
05/12/15 PC

PRJ-57899
03/25/15

SDR 58540
Senior Nevada Benefit Group, LP

2600 Fremont Street


Proposed 0.382 thousand square foot car sales office.
Traffic produced by proposed development:
Proposed Use

DESCRIPTION

#UNIT

Average Daily Traffic (ADT)


AM Peak Hour

32.30
NEW CAR SALES [1000SF]

PM Peak Hour

0.382

1.92
2.62

Existing traffic on all nearby streets:


Fremont St
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

21,238
1,699

Atlantic St
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

1,938
155

Fremont St
Atlantic St

RATE/#
UNIT

TOTAL

12
1
1

Adjacent Street ADT Capacity


51,800
13,040

This project is expected to add about 12 trips per day on Fremont St. & Atlantic St. Currently, Fremont is at about 41
percent of capacity and Atlantic is at about 15 percent of capacity. With this project, these capacities are expected to
remain unchanged.
Based on Peak Hour use, this project will add about 1 trip in the peak hour.
Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 59.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 115
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
SUP-58561 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: TOWER
DISTRIBUTION CENTER, LLC - OWNER: SOUTHWEST COLLEGE OF MEDICALDENTAL ASSISTANTS & PRACTICAL NURSES - For possible action on a request for a
Special Use Permit FOR A PUBLIC SCHOOL, PRIMARY USE at 4624-4660 North Rancho
Drive (APN 138-02-113-001), C-1 (Limited Commercial) Zone, Ward 4 (Anthony) [PRJ58523]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - SUP-58561 and SDR-58562 [PRJ-58523]
2. Conditions and Staff Report - SUP-58561 and SDR-58562 [PRJ-58523]
3. Supporting Documentation - SUP-58561 and SDR-58562 [PRJ-58523]
4. Photo(s) - SUP-58561 and SDR-58562 [PRJ-58523]
5. City Council Approval Letter SDR-16503
6. Justification Letter - SUP-58561 and SDR-58562 [PRJ-58523]
7. Protest Postcard - SUP-58561 and SDR-58562 [PRJ-58523]

SUP-58561 and SDR-58562 (PRJ-58523)

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: TOWER DISTRIBUTION CENTER, LLC
OWNER: SOUTHWEST COLLEGE OF MEDICAL-DENTAL ASSISTANTS &
PRACTICAL NURSES

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SUP-58561
SDR-58562

RECOMMENDATION
Staff recommends APPROVAL, subject to conditions:
Staff recommends APPROVAL, subject to conditions:

REQUIRED FOR
APPROVAL
SUP-58561

** CONDITIONS **

SUP-58561 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Public School,
Primary use.

2.

Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-58562) shall be required, if approved.

3.

Conformance to the approved conditions for General Plan Amendment (GPA-16503),


Rezoning (ZON-16504) and Site Development Plan Review (SDR-16503).

4.

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.

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.

GK

SUP-58561 and SDR-58562 (PRJ-58523)


Conditions Page Two
May 12, 2015 - Planning Commission Meeting

6.

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.

7.

All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.

SDR-58562 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Special Use Permit (SUP58561) shall be required, if approved.

2.

Conformance to the approved conditions for General Plan Amendment (GPA-16503),


Rezoning (ZON-16504) and Site Development Plan Review (SDR-16503).

3.

The approval for the modular buildings shall be valid for a period of 24 months from the
date of final approval. Any request to extend this approval shall be by means of a Site
Development Plan Review, submitted in accordance with the requirements of LVMC Title
19.16.

4.

This Site Development Plan Review shall be administratively reviewed two (2) years from
the date of final approval, at which time staff may require removal of the modular
buildings.

5.

Future development of the remaining seven undeveloped pad sites shall require a Site
Development Plan Review.

6.

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.

7.

All development shall be in conformance with the site plan, date stamped 04/15/15 and
building elevations, date stamped 04/08/15, except as amended by conditions herein.

8.

All development shall be in conformance with the landscape plan, date stamped 10/31/07
as previously approved by Site Development Plan Review (SDR-16503).

GK

SUP-58561 and SDR-58562 (PRJ-58523)


Conditions Page Three
May 12, 2015 - Planning Commission Meeting

9.

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.

10.

These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.

11.

All City Code requirements and design standards of all City Departments must be satisfied,
except as modified herein.
Public Works

12.

In accordance with code requirements of Title 13.16 and 13.56, remove all substandard
improvements (sidewalk) on Rancho Drive and Torrey Pines Drive and replace with new
improvements meeting Current City Standards 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.

13.

Prior to operating as a school, construct school zone flashers on Rancho Drive and Torrey
Pines Drive meeting the approval of the City Traffic Engineer unless specifically not
required in the approved Traffic Impact Analysis.

14.

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.

15.

A 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, submittal of any
construction drawings or the recordation of a Map subdividing this site, whichever may
occur first. Comply with the recommendations of the approved Traffic Impact Analysis
prior to occupancy of the site. The Traffic Impact Analysis shall also include a section
addressing Standard Drawings #234.1 #234.2 and #234.3 to determine additional right-ofway requirements for bus turnouts adjacent to this site, if any; dedicate all areas
recommended by the approved Traffic Impact Analysis. All additional rights of way
required by Standard Drawing #201.1 for exclusive right turn lanes and dual left turn lanes
shall be dedicated prior to or concurrent with the commencement of on site development
activities unless specifically noted as not required in the approved Traffic Impact Analysis.
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.

GK

SUP-58561 and SDR-58562 (PRJ-58523)


Conditions Page Four
May 12, 2015 - Planning Commission Meeting

16.

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 the issuance of
any grading or building permits, submittal of construction drawings or the submittal of a
Final Map for this site, whichever may occur first. Provide and improve all drainageways
as recommended in the approved drainage plan/study.

GK

SUP-58561 and SDR-58562 (PRJ-58523)


Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
Currently, the subject site consists of three vacant single-story buildings and seven undeveloped
pad sites at 4624-4660 North Rancho Drive. Originally in 2006, the City Council approved a Site
Development Plan Review (SDR-16503) for a ten-building office complex totaling 74,902
square feet. The three existing buildings totaling 25,506 square feet were constructed but later
abandoned, leaving the subject site in its current state. The applicant is proposing to locate a
Public School, Primary use within the three existing vacant buildings. In addition to occupying
the three vacant buildings, the applicant is proposing to a major amendment to the previously
approved Site Development Plan Review (SDR-16503) by eliminating the undeveloped seven
office buildings totaling 49,396 square feet and constructing nine temporary, detached modular
buildings totaling 14,816 square feet. The combination of existing buildings and proposed
modular buildings will total 40,322 square feet and house 36 classrooms. This proposal to locate
a Public School, Primary use within the three existing buildings and nine modular buildings
eliminates the previously approved office complex at the subject site. The applicant is not
proposing any changes to the previously approved landscape plan. The future development of the
seven undeveloped pad sites shall require future Site Development Plan Reviews. The proposed
school is appropriately located and the modular buildings are in compliance with Title 19
Development Standards; therefore, staff recommends approval of both requests, with conditions.
If the Special Use Permit is denied, the Public School, Primary use could not locate at the subject
site. If the Site Development Plan Review is denied, the nine modular buildings could not be
constructed.

ISSUES

A Public School, Primary use is permissible in the C-1 (Limited Commercial) zone with
approval of a Special Use Permit.
This Site Development Plan Review eliminates the previously approved office complex.
Specifically, the proposed Public School, Primary use would locate within buildings one,
four and ten, while buildings two, three, five, six, seven, eight and nine are proposed to
be eliminated from the previously approved entitlements. All future development of the
remaining seven undeveloped pad sites shall require additional Site Development Plan
Reviews.
The approval for the temporary modular buildings shall be valid for a period of 24
months from the date of final approval. A condition of approval has been added requiring
an administrative review, at which time staff may require removal of the modular
buildings.

GK

SUP-58561 and SDR-58562 (PRJ-58523)


Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

The proposed amendment does not include any changes to the previously approved
perimeter landscaping. A condition of approval has been added requiring compliance
with the previously approved landscape plan, date stamped 10/31/07.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a General Plan Amendment (GPA-16502) request
to amend a portion of the Centennial Hills Sector Plan from GC (General
Commercial) to SC (Service Commercial) at 4600 North Rancho Drive. The
Planning Commission and staff recommended approval.
The City Council approved a Rezoning (ZON-16504) for a Rezoning from RE (Residence Estates) under resolution of intent to C-2 (General Commercial)
11/15/06
and C-2 (General Commercial) to C-1 (Limited Commercial) at 4600 North
Rancho Drive. The Planning Commission and staff recommended approval.
The City Council approved a Site Development Plan Review (SDR-16503)
for a Site Development Plan Review for a proposed 81,240 square-foot
commercial development consisting of 10 pad sites with single-story
buildings at 4600 North Rancho Drive. The Planning Commission and staff
recommended approval.
The Planning Commission approved a Tentative Map (TMP-19299) for a one03/08/07
lot Commercial Subdivision at 4600 North Rancho Drive. Staff recommended
approval.
Staff approved a Final Map (FMP-24485) for a one-lot Commercial
01/23/09
Subdivision on 6.42 acres at 4600 North Rancho Drive. The map was
recorded on 03/04/09
The Planning Commission approved a Major Amendment (SDR-39485) to a
previously approved Site Development Plan Review (SDR-16503) to replace
buildings 3, 4, 5 and 6 with one, two-story building, and to replace buildings 7
and 8 with one, two-story building, and to add a second driveway access to
Torrey Pines Drive at 4660 North Rancho Drive. Staff recommended
approval. The entitlement expired on 12/31/14.
10/21/10
The Planning Commission approved a Variance (VAR-39487) to allow 252
parking spaces where 259 are required at 4660 North Rancho Drive. Staff
recommended approval. The entitlement expired on 12/31/14.
The Planning Commission approved a Special Use Permit (SUP-39488) for a
120-bed Convalescent Care Facility at 4660 North Rancho Drive. Staff
recommended approval. The entitlement expired on 12/31/14.
The Planning Commission approved Extension of Times (EOT-47211),
12/11/12
(EOT-47212), and (EOT-47213) for previously approved entitlements SUP39488, VAR-39487 and SDR-16503 at 4600 North Rancho Drive.

GK

SUP-58561 and SDR-58562 (PRJ-58523)


Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Related Relevant City Actions by P&D, Fire, Bldg., etc


The City Council approved a Variance (VAR-51785) to allow 309 onsite
parking spaces where 380 are required for a Business School and Office
01/22/14
Complex at 4624-4660 North Rancho Drive. Planning Commission
recommended approval. Staff recommended denial.

Most Recent Change of Ownership


03/08/13
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A Building Permit (#7003147) was issued for Building 1 shell for Certificate
11/05/07
of Completion at 4660 North Rancho Drive. The building was constructed but
no final inspection was completed. The permit expired 01/24/09.
A Building Permit (#7003148) was issued for Building 2 shell for Certificate
11/05/07
of Completion at 4624 North Rancho Drive. The permit expired on 06/06/09.
A Building Permit (#7003149) was issued for Building 3 shell for Certificate
11/05/07
of Completion at 4628 North Rancho Drive. The permit expired on 06/06/09.
A Building Permit (#7003150) was issued for Building 4 shell for Certificate
11/05/07
of Completion at 4656 North Rancho Drive. The building was constructed but
no final inspection was completed. The permit expired 01/24/09.
A Building Permit (#7003151) was issued for Building 5 shell for Certificate
11/05/07
of Completion at 4632 North Rancho Drive. The permit expired on 06/06/09.
A Building Permit (#7003152) was issued for Building 6 shell for Certificate
11/05/07
of Completion at 4652 North Rancho Drive. The permit expired on 06/06/09.
A Building Permit (#7003153) was issued for Building 7 shell for Certificate
11/05/07
of Completion at 4636 North Rancho Drive. The permit expired on 06/06/09.
A Building Permit (#7003154) was issued for Building 8 shell for Certificate
11/05/07
of Completion at 4640 North Rancho Drive. The permit expired on 06/06/09.
A Building Permit (#7003155) was issued for Building 9 shell for Certificate
11/05/07
of Completion at 4644 North Rancho Drive. The permit expired on 06/06/09.
A Building Permit (#7003156) was issued for Building 10 shell for Certificate
11/05/07
of Completion at 4648 North Rancho Drive. The building was constructed but
no final inspection was completed. The permit expired 01/24/09.
A code enforcement case (93356) was processed for transients living in
08/04/10
vacant commercial buildings. The case was closed and resolved on 08/25/10.
A code enforcement case (95664) was processed for graffiti. The case was
10/25/10
closed and resolved on 11/12/10.
A code enforcement case (113366) was processed for graffiti. The case was
04/25/12
closed and resolved on 05/10/12.

GK

SUP-58561 and SDR-58562 (PRJ-58523)


Staff Report Page Four
May 12, 2015 - Planning Commission Meeting

Related Building Permits/Business Licenses


A code enforcement case (118834) was processed for illegal temporary
08/23/12
banner signs. The case was closed and resolved on 08/23/12.
A code enforcement case (133574) was processed for graffiti and trash. The
09/19/13
case remains open and unresolved.

Pre-Application Meeting
Staff conducted a pre-application meeting with the representative to discuss
the proposal to locate a new Public School, Primary use at a previously
approved office complex. Staff concluded that a Special Use Permit would be
necessary to establish the use on the subject site and a Site Development Plan
03/25/15
Review would be required to construct the nine modular buildings and
eliminate the seven previously approved but undeveloped office buildings.
The submittal requirements for a Special Use Permit and Site Development
Plan Review were discussed.

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

Field Check

04/02/15

Staff conducted a field check of the subject site. There were three vacant
office building shells with the rest of the site having the appearance of an
abandoned construction site. Some of the windows on the office buildings
were broken or boarded up. Some of the curbs and parking lot pavement had
been installed. Most of the trees were dead or dying. There was graffiti on the
pylon sign and the three structures, as well as high weeds and trash
throughout the property. The property was not fenced.

Details of Application Request


Site Area
Gross Acres
6.42

Surrounding
Property
Subject Property

Existing Land Use


Per Title 19.12
Vacant

Planned or Special
Land Use Designation
SC (Service
Commercial)

Existing Zoning District


C-1 (Limited
Commercial)

GK

SUP-58561 and SDR-58562 (PRJ-58523)


Staff Report Page Five
May 12, 2015 - Planning Commission Meeting

Surrounding
Property

Existing Land Use


Per Title 19.12
Undeveloped

North

Government Facility
(BLM, Fish &
Wildlife)

South

Shopping Center

East
West

Single-Family
Residences
Office, Medical
Animal Hospital
Undeveloped

Planned or Special
Land Use Designation
GC (General
Commercial)

Existing Zoning District


C-2 (General
Commercial)

SC (Service
Commercial)

C-1 (Limited
Commercial)

SC (Service
Commercial)
L (Low Density
Residential)

C-1 (Limited
Commercial)
R-1 (Single Family
Residential)

SC (Service
Commercial)

C-2 (General
Commercial)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
A-O (Airport Overlay) District (175 Feet)
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
Compliance
Y
Compliance
N/A
N/A
N/A
N/A

DEVELOPMENT STANDARDS
Pursuant to Title 19.08 , the following standards apply:
Standard
Required/Allowed
Min. Lot Width
100 Feet
Min. Setbacks (Modular Buildings)
Front
10 Feet
Side
10 Feet
20 Feet
Rear
Min. Distance Between Buildings
6 Feet
Max. Lot Coverage
50 %
Max. Building Height (Modular Buildings)
N/A

Provided
500 Feet

Compliance
Y

20 Feet
10 Feet
475 Feet
6 Feet
14 %
14 Feet

Y
Y
Y
Y
Y
Y

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SUP-58561 and SDR-58562 (PRJ-58523)


Staff Report Page Six
May 12, 2015 - Planning Commission Meeting

Pursuant to Title 19.08, the following standards apply:


Landscaping and Open Space Standards
Required
Standards
Ratio
Trees
Buffer Trees:
North
1 Tree / 30 Linear Feet
26 Trees
South
1 Tree / 30 Linear Feet
21 Trees
East
1 Tree / 20 Linear Feet
21 Trees
West
1 Tree / 30 Linear Feet
21 Trees
TOTAL PERIMETER TREES
89 Trees
1 Tree / 6 Uncovered
Parking Area Trees
Spaces, plus 1 tree at the
21 Trees
end of each row of spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
8 Feet
South
8 Feet
East
15 Feet
15 Feet
West

Provided

Compliance

26 Trees
21 Trees
21 Trees
24 Trees
92 Trees

Y*
Y*
Y*
Y*
Y*

31 Trees

8 Feet
Y*
8 Feet
Y*
15 Feet
Y*
15 Feet
Y*
6 Foot
Y
Wall Height
6 to 8 Feet Adjacent to Residential
Wrought Iron
Fence
*The previously approved perimeter landscape buffers and trees are not a part of this proposed
amendment and would not change from the previous approval. A condition of approval has been
added requiring the development to comply with the previously approved landscape plan date
stamped 10/31/07.

Street Name
Rancho Drive
Torrey Pines Drive

Functional
Classification of
Street(s)
Freeway Expressway
Major Collector

Governing Document
Master Plan of Streets
and Highways
Master Plan of Streets
and Highways

Actual
Street Width
(Feet)

Compliance
with Street
Section

125 Feet

80

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SUP-58561 and SDR-58562 (PRJ-58523)


Staff Report Page Seven
May 12, 2015 - 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
Public School 36
3 per
108
Primary
Classrooms
classroom
108
114
Y
TOTAL SPACES REQUIRED
103
5
107
7
Y
Regular and Handicap Spaces Required

ANALYSIS
In 2006, the City Council approved a Site Development Plan Review (SDR-16503) for a 10building office complex. Subsequent building permits were issued in 2007 for all ten buildings,
however only buildings 1, 4, and 10 were constructed. The permits for the seven remaining
buildings expired in 2009 due to inactivity. In addition, final inspections were never conducted
on the three constructed buildings, also resulting in permit expiration. The site has remained in
its current abandoned state since 2009. There have been numerous code enforcement cases on
the property for graffiti, trash, and overall blight.
The applicant is proposing to locate a Public School, Primary use within the three existing vacant
buildings, which total 25,506 square feet. According to the submitted floor plans, date stamped
04/08/15, buildings four and ten would be utilized for 20 classrooms, while building one would
house administrative office space, two multi-purpose rooms and a cafeteria. In total, the three
existing buildings would provide 20 classrooms.
In addition to utilizing the three existing buildings, the applicant is proposing to amend the
previously approved Site Development Plan Review (SDR-16503) by eliminating the seven
undeveloped office buildings, totaling 49,396 square feet and constructing nine temporary,
detached modular buildings totaling 14,816 square feet. According to the submitted site plan,
date stamped 04/15/15, the applicant would eliminate buildings two, three, five, six, seven, eight
and nine from the previously approved entitlements and construct one 480 square-foot modular
building to be utilized as a restroom and eight 1,792 square-foot modular buildings to house
additional classrooms. The eight 1,792 square-foot modular buildings would accommodate two
classrooms each for a total of 16 classrooms. The combination of the three existing buildings and
the proposed modular buildings would house 36 classrooms, a cafeteria, restrooms, and
administrative office space. According to the applicants justification letter, date stamped
04/15/15, the modular buildings are temporary and the applicant anticipates utilizing the modular
buildings for a period not to exceed one year. A condition of approval has been added limiting
the modular buildings to a period not to exceed 24 months. A second condition of approval was

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SUP-58561 and SDR-58562 (PRJ-58523)


Staff Report Page Eight
May 12, 2015 - Planning Commission Meeting

added requiring an administrative review to occur two years from final approval, at which time
staff may require removal of the modular buildings. This proposal to locate a Public School,
Primary use within the three existing buildings and nine modular buildings eliminates the
previously approved office complex at the subject site. The future development of the seven
undeveloped pad sites shall require future Site Development Plan Reviews.
The applicant is not proposing any changes to the previously approved perimeter landscaping.
The perimeter landscape buffer widths and landscape buffer materials, including trees, shrubs
and ground cover shall remain as previously approved. The submitted site plan reflects the
perimeter landscaping as previously approved but fails to provide a landscape legend. A
condition of approval has been added requiring compliance with the previously approved
landscape plan date stamped 10/31/07.
As proposed, the three existing buildings and nine proposed modular buildings conform to the
development standards for the C-1 (Limited Commercial) zoning district. The proposal does not
require any Variances, Waivers or Exceptions and has been designed to adhere to all
requirements as outlined by Title 19 regarding height, setbacks, lot coverage, landscaping and
parking.
The elevations of the existing three buildings remain unchanged and indicate single-story
buildings consisting primarily of earth-tone colors with slate veneer applied as wainscot at each
building entrance. Details are carried to all sides of the building. Windows are provided at
regular intervals. The building contains sufficient relief and variation, and the roofline is broken
up by a slightly taller central element. The proposed modular buildings are flat and plain in
appearance. According to the elevation drawings, date stamped 04/08/15, each modular building
would be 14 feet in height and painted white with a green trim. However, visibility of the flat,
plain, modular buildings would be limited as each of the nine temporary buildings would locate
within the interior of the site.
According to Title 19.12, the Public School, Primary use parking requirement is calculated based
on the total number of classrooms. The applicant is providing 36 classrooms and is required to
provide 108 parking spaces. According to the site plan, the applicant is providing 114 parking
spaces. Access to the site will be from Rancho Drive and Torrey Pines Drive.
A Public School, Primary use is permissible in the C-1 (Limited Commercial) zoning district
with approval of a Special Use Permit. According to Title 19.12, a Public or Private School,
Primary use is defined as An institution that provides kindergarten through eighth grade
education and is supported by a public, religious or private organization.
The Minimum Special Use Permit Requirements are as follows:
1. Adequate pick-up and drop-off areas must be provided on-site.

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SUP-58561 and SDR-58562 (PRJ-58523)


Staff Report Page Nine
May 12, 2015 - Planning Commission Meeting

The proposed use meets this requirement, as an adequate onsite pick up and drop off area has
been established. The school will utilize the driveway off of Torrey Pines as the main entrance.
Vehicles would utilize a 24-foot wide lane that navigates vehicles west to the pickup and drop off
areas located adjacent to each building. Vehicles would then exit from the driveway off of
Rancho Drive.
The Department of Planning routed this request for a Special Use Permit and Site Development
Plan Review to outside agencies for review. The Las Vegas Valley Water District responded
with the following comment. This parcel is currently served by LVVWD. Civil and plumbing
plans will need to be submitted to LVVWD for domestic meter sizing and fire flow availability.
The school would locate near existing residential developments to the east of the subject site.
Although the subject site is located in a primarily commercial area, the site is an ideal location to
serve the existing residential neighborhoods to the east. The proposed school is appropriately
located and the modular buildings are in compliance with Title 19 Development Standards;
therefore, staff recommends approval of both requests, with conditions

FINDINGS (SUP-58561)
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 public charter school is appropriate in proximity to existing single-family
residential uses to the east, with existing commercial offices to the north, south and west.
The use can be compatible with the office and retail uses, as well as complement the
residential uses to the east.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
Containing 6.42 acres, the site is large enough to accommodate the school buildings,
ancillary recreational areas and parking in conformance with Title 19 requirements.

3.

Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
The site would be served by Rancho Drive, a 125-foot wide Expressway and a Torrey
Pines Drive, an 80-foot wide Major Collector as depicted by the Master Plan of Streets and
Highways. Both roadways will be adequate to meet the needs of the proposed use.

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SUP-58561 and SDR-58562 (PRJ-58523)


Staff Report Page Ten
May 12, 2015 - Planning Commission Meeting

4.

Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
The public safety, health and welfare will be protected by the schools design and through
implementation of conditions of approval requiring various permits, inspections and
professional studies prior to commencement of the use.

5.

The use meets all of the applicable conditions per Title 19.12.
The proposed Public School, Primary use meets the only special use permit requirement
outlined by Title 19.12, which requires an adequate pick-up and drop-off area.

FINDINGS (SDR-58562)
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.

The proposed development is compatible with adjacent development and


development in the area;
The proposed primary school is located near major streets and within proximity of several
residential areas, making it an appropriate location. The existing zoning of the property
allows this use, the development of which is compatible with the existing office and retail
uses to the north, south and west, and single-family residences to the east. The proposed
temporary modular buildings will be located on the interior of the site. The structure and
its accompanying infrastructure will have no measurable impact to the surrounding
properties.

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 school development is consistent with Title 19 standards for C-1 (Limited
Commercial) zoned properties.

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
Access to the site will be attained via Rancho Drive, a 125-foot wide Expressway and
Torrey Pines Drive, an 80-foot wide Major Collector street, as designated by the Master
Plan of Streets and Highways, which will not be negatively affected by this development.

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SUP-58561 and SDR-58562 (PRJ-58523)


Staff Report Page Eleven
May 12, 2015 - Planning Commission Meeting

4.

Building and landscape materials are appropriate for the area and for the City;
The building materials for the three existing buildings remain unchanged from the original
Site Development Plan Review (16503) and indicate single-story buildings consisting
primarily of earth-tone colors with slate veneer applied as wainscot at each building
entrance. The landscape materials also remain unchanged from the original approval. The
proposed modular buildings are flat and plain in appearance but are proposed on a
temporary basis. The proposed amended development will benefit the area by developing
an infill site currently in an abandoned state.

5.

Building elevations, design characteristics and other architectural and aesthetic


features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;
The three existing building elevations show an aesthetically pleasing building with
variations in exterior color, materials, rooflines and wall planes. The design characteristics
are compatible with other existing buildings in the area. The proposed modular buildings
are flat and plain in appearance. However, the modular buildings would locate within the
interior of the site.

6.

Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
The proposed development will not impact public health, safety or general welfare as the
development will be subject to the International Building Code and City inspections during
construction.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

366

APPROVALS

PROTESTS

28

GK

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SUP-58561 and SDR-58562 - REVISED

SUP-58561 [PRJ-58523] - SPECIAL USE PERMIT RELATED TO SDR-58562 -APPLICANT: TOWER


DISTRIBUTION CENTER, LLC - OWNER: SOUTHWEST COLLEGE OF MEDICAL-DENTAL ASSISTANTS &
PRACTICAL NURSES
4624-4660 NORTH RANCHO DRIVE
04/02/15

SUP-58561 [PRJ-58523] - SPECIAL USE PERMIT RELATED TO SDR-58562 -APPLICANT: TOWER


DISTRIBUTION CENTER, LLC - OWNER: SOUTHWEST COLLEGE OF MEDICAL-DENTAL ASSISTANTS &
PRACTICAL NURSES
4624-4660 NORTH RANCHO DRIVE
04/02/15

SUP-58561 [PRJ-58523] - SPECIAL USE PERMIT RELATED TO SDR-58562 -APPLICANT: TOWER


DISTRIBUTION CENTER, LLC - OWNER: SOUTHWEST COLLEGE OF MEDICAL-DENTAL ASSISTANTS &
PRACTICAL NURSES
4624-4660 NORTH RANCHO DRIVE
04/02/15

SUP-58561 [PRJ-58523] - SPECIAL USE PERMIT RELATED TO SDR-58562 -APPLICANT: TOWER


DISTRIBUTION CENTER, LLC - OWNER: SOUTHWEST COLLEGE OF MEDICAL-DENTAL ASSISTANTS &
PRACTICAL NURSES
4624-4660 NORTH RANCHO DRIVE
04/02/15

SUP-58561 and SDR-58562

SUP-58561 and SDR-58562

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SUP-58561 and SDR-58562 - REVISED

Agenda Item No.: 60.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 115
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
SDR-58562 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-58561 - PUBLIC
HEARING - APPLICANT: TOWER DISTRIBUTION CENTER, LLC - OWNER:
SOUTHWEST COLLEGE OF MEDICAL-DENTAL ASSISTANTS & PRACTICAL NURSES
- For possible action on a request for a Major Amendment to an approved Site Development Plan
Review (SDR-16503) FOR NINE PROPOSED DETACHED MODULAR BUILDINGS
TOTALING 14,816 SQUARE FEET on 6.42 acres at 4624-4660 North Rancho Drive (APN
138-02-113-001), C-1 (Limited Commercial) Zone, Ward 4 (Anthony) [PRJ-58523]. Staff
recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 6/17/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

SDR-58562

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Agenda Item No.: 61.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 15
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
TXT-58497 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For discussion and possible action on a request to amend LVMC Chapters 19.12
related to permitted uses and 19.18 related to definitions and measures to update the descriptions,
Minimum Special Use Permit requirements and definitions of Package Liquor Off-Sale and
Retail Establishment with Accessory Package Liquor Off-Sale uses, to modify distance
separations and capacity of the establishments and to provide for other related matters. Staff
recommends APPROVAL.
THIS ITEM WILL BE FORWARDED TO CITY COUNCIL IN ORDINANCE FORM
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Proposed Amendments and Staff Report

TXT-58497

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
TXT-58497

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL.

** PROPOSED AMENDMENT **
1. LVMC 19.12.070, Permissible Use Descriptions and Applicable Conditions and
Requirements, is hereby amended by amending minimum special use permit regulation
numbers 1 and 6 for the Package Liquor Off-Sale Establishment entry as follows:
Minimum Special Use Permit Requirements:
* 1. Except as otherwise provided, no package liquor 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. In addition, no Package Liquor Off-Sale Establishment may be located
closer than 1,000 feet from any other Package Liquor Off-Sale Establishment,
Liquor Establishment (Tavern) use or Sexually Oriented Business use.
*6. Except for a grocery store or drugstore as defined by LVMC 6.50.020 that
contains not less than twelve thousand square feet of gross internal floor area, no
establishment shall be permitted on or adjacent to the Pedestrian Mall, as defined
in LVMC Chapter 11.68. No establishment shall be permitted on or adjacent to
the Pedestrian Mall, as defined by LVMC Chapter 11.68.

2. LVMC 19.12.070, Permissible Use Descriptions and Applicable Conditions and


Requirements, is hereby amended by amending minimum special use permit regulation
numbers 1 and 8 for the Retail Establishment with Accessory Package Liquor entry as
follows:

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TXT-58497
Proposed Amendments Page Two
May 12, 2015 - Planning Commission Meeting

Minimum Special Use Permit Requirements:


* 1. Except as otherwise provided, no retail grocery store or drug store drugstore
establishment with accessory package liquor off-sale (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. In
addition, no Retail Establishment with Accessory Package Liquor Off-Sale use
may be located closer than 1,000 feet from any other Retail Establishment with
Accessory Package Liquor Off-sale use, Liquor Establishment (Tavern) use or
Sexually Oriented Business use.
8. No establishment shall be permitted on or adjacent to the Pedestrian Mall, as
defined by LVMC Chapter 11.68. Except for a grocery store or drugstore as
defined by LVMC 6.50.020 that contains not less than twelve thousand square
feet of gross internal floor area, no establishment shall be permitted on or adjacent
to the Pedestrian Mall, as defined in LVMC Chapter 11.68.
3. LVMC 19.18.020, Words and Terms Defined, is hereby amended by adding the
definition for the Drugstore term as follows:
Drugstore. A facility that is primarily used for the purpose of compounding or
dispensing, or both compounding and dispensing of drugs and medicines, where a State
licensed pharmacist is present at all times the pharmacy operation is open.
4. LVMC 19.18.020, Words and Terms Defined, is hereby amended by amending the
definition for the General Retail Store, Other Than Listed term as follows:
General Retail Store, Other Than Listed. A facility for the retail sale of general
merchandise to the general public for direct consumption and not wholesale. This use:
1. Includes such uses as an antique/collectible store, retail bakery, convenience
store, grocery store, drug store drugstore, service station and specialty
merchandise store.
2. Includes other general retail uses that may be specifically defined in LVMC
Chapter 19.18 and whose definitions may include specific limitations and
restrictions, which shall apply as described in that Chapter.
5. LVMC 19.18.020, Words and Terms Defined, is hereby amended by amending the
definition for the Retail Establishment with Accessory Package Liquor Off-Sale term
as follows:

GK

TXT-58497
Proposed Amendments Page Three
May 12, 2015 - Planning Commission Meeting

Retail Establishment with Accessory Package Liquor Off-Sale. A retail


establishment (grocery stores and drugstores only):
1. Whose license to sell alcoholic beverages authorizes their sale to consumer
only and not for resale, in original sealed or corked containers, for consumption
off the premises where the same are sold; and
2. In which the sale of alcoholic beverages is ancillary to the retail use, and in
which no more than ten percent of the retail floor space is regularly devoted to the
display or merchandising of alcoholic beverages.
The term includes an establishment that provides onpremises wine, cordial and
liqueur tasting if the licensee also holds a wine, cordial and liqueur tasting license
for that location.

GK

TXT-58497
Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request to amend LVMC 19.12.070 and 19.18.020 regarding Package Liquor Off-Sale
and Retail Establishment with Accessory Package Liquor Off-Sale uses by revising descriptions,
requirements and definitions as needed to modify distance separations and capacity of the
establishments and to provide for other related matters.

BACKGROUND INFORMATION
Since early 2011 the Department of Planning has been actively working to clarify alcohol related
uses and license categories detailed in Titles 6 (Business Taxes, Licenses and Regulations) and
19 (Unified Development Code). As part of these on-going efforts, additional proposed changes
are being prepared for Planning Commission and City Council (Title 19) review and
consideration.

ANALYSIS
Over a five year period (2010-2014), the yearly issuance of liquor licenses in Las Vegas had
remained fairly static. For example, 845 liquor related licenses were issued in 2010, 833 in 2011,
855 in 2012, 867 in 2013, and 1047 in 2014. While the issuance of overall liquor licenses
remained static, the city of Las Vegas had reported a steady increase in the number of Package
liquor licenses, commonly referred as liquor stores. In areas outside of downtown Las Vegas,
there has been a 16.67% increase in the issuance of package liquor licenses. In comparison,
downtown Las Vegas, or the area within the borders of the Downtown Centennial Plan, has
reported an increase of 30.77%, of which a majority of that increase has occurred within the last
two years. The impacts of these additional package liquor licenses in the downtown area requires
attention to address a growing concern for tourists, residents and community standards in
regulating alcohol in the downtown area.
Currently, Title 19.12 contains two land uses related to the package liquor license. The two uses
are Package Liquor Off-Sale and Retail Establishment with Accessory Package Liquor Off-Sale.
Title 19.12 enforces minimum distance separation requirements on each use of 400 feet from city
parks, schools, house of worships and individual care centers licensed for more than 12 children.
This amendment proposes to modify the minimum special use permit requirements to the two
uses and require additional distance separation requirements of 1,000 feet from like for like uses,
sexually oriented businesses and tavern uses. The additional distance separation requirements
would comply with similar restrictions enforced within the Las Vegas Valley, as shown in the
table below.
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TXT-58497
Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

Distance Separation Requirements for Package Liquor and Accessory Package Liquor
Jurisdiction
Sexually Oriented Business
Like for Like use
Tavern
Henderson
1,000 Feet
N/A
N/A
Clark County
N/A
1,500 Feet
N/A
North LV
N/A
1,500 Feet
N/A
CLV (Proposed)
1,000 Feet
1,000 Feet
1,000 Feet
In addition, this amendment proposes to modify the description of the Retail Establishment with
Accessory Package Liquor Off-Sale use to indicate that the use can only locate within grocery stores
and drugstores. The amendment also creates a definition for drugstore. The proposed amendments
represent an effort to reduce impact concerns caused by concentrating alcohol related uses, thereby
protecting the wellbeing of tourists, residents, businesses and the overall Las Vegas community

FINDINGS
The proposed text amendment will achieve the following:

Limit the Retail Establishment with Accessory Package Liquor Off-Sale use to locate
within grocery stores and drugstores only.
Add a 1,000-foot distance separation requirement for the Package Liquor Off-Sale use
from other Package Liquor Off-Sale, Liquor Establishment (Tavern) and Sexually
Oriented Business uses.
Add a 1,000-foot distance separation requirement for the Retail Establishment with
Accessory Package Liquor Off-Sale use from other Retail Establishment with Accessory
Package Liquor Off-Sale, Liquor Establishment (Tavern) and Sexually Oriented Business
uses.
Establish a definition for Drugstore.

The following table summarizes all proposed changes:


Code Requirements

19.12.070 Permissible
Use Descriptions and
Applicable Conditions and
Requirements Package
Liquor and Retail
Establishment with
Accessory Package Liquor

Existing Regulations

Distance separations (400 ft):


House of worship
School
Individual care center
(12+ kids)
City park

Proposed Regulations

Adding distance separations


(1,000 ft) for
like to like uses;
taverns
SOBs
Clarifying grocery store and
drug store allowances for retail
w. package liq.

GK

TXT-58497
Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

Code Requirements
19.18.020 Words and
Terms Defined
Drugstore, Retail
Establishment with
Accessory Package Liquor
Off-Sale

Existing Regulations

clarifying grocery store and drug


store allowances for retail w.
package liq.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

Proposed Regulations
Creating a definition for drugstore,

N/A

RJ ONLY

GK

Agenda Item No.: 62.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent

Discussion

SUBJECT:
TXT-58897 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For discussion and possible action on a request to amend LVMC 19.16.160 to
allow for the sale of used automobiles, trucks and boats as a Temporary Commercial Permit and
to provide for other related matters. Staff recommends APPROVAL.
THIS ITEM WILL BE FORWARDED TO CITY COUNCIL IN ORDINANCE FORM
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Proposed Amendments and Staff Report

TXT-58897

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: MAY 12, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
TXT-58897

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL.

** PROPOSED AMENDMENT **
1. LVMC 19.16.160(C)(5), Temporary Commercial Permit Permitted Uses, is hereby
amended by amending condition number five entry as follows:
5. The sales of new or used automobiles, trucks, or boats at a shopping mall center use of
at least 90 20 aggregate acres in size and located in the C-1 (or a less restrictive) Zoning
District. At any one shopping center, no more than four sales events may occur within
any twelve month period, and no one sale event may last more than three days. All sales
and display of vehicles shall be on a paved surface.

JB

TXT-58897
Staff Report Page One
May 12, 2015 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
This is a request to amend LVMC 19.16.160(C)(5) regarding Temporary Commercial Permit by
revising Permitted Uses as needed to modify the requirements for temporary events related to the
sale of new and used automobiles.

ANALYSIS
The proposed amendment will amend the minimum requirements listed in LVMC 19.16.160(C)(5)
regarding the sale of automobiles, trucks and boats associated with a Temporary Commercial
Permit. This amendment will revise the minimum requirements to allow the sale of new and used
vehicles in established Shopping Center uses and reduce the required minimum size from 90 acres
to 20 aggregate acres; which will allow Shopping Centers uses which are not mapped as a
commercial subdivision to be eligible. Title 19.12, indicates that the Shopping Center use is
permitted in C-1 (Limited Commercial), C-2 (General Commercial), C-M (Commercial/Industrial)
and M (Industrial) zoning districts only.
Previously, the Meadows Shopping Mall was the only site within the Citys jurisdiction which met
the minimum zoning and 90 acre size criteria for holding a temporary auto sales event. Staff has
determined that under the new criteria an additional 21 sites within the Citys jurisdiction will meet
the criteria for holding a temporary auto sales event. All requirements pertaining to the occurrence
and duration of proposed auto sales related Temporary Commercial Events will remain unchanged.
#

ACRES

WARD

LOCATION

MEADOWS

DESCRIPTION

*81.95

N/W Corner of Valley View Blvd & Meadows Ln

PARCEL MAP FILE 100 PAGE 85

21.66

S/W Corner of Alta Dr & Decatur Blvd

PT GOV LOT 7

29.46

N/E Corner of Sahara Ave & Decatur Blvd

PT SE4 SE4 SEC 01 21 60

20.03

N/W Corner of Sahara Ave & Decatur Blvd

RAINBOW PLAZA-PHASE 2

24.51

S/W Corner of Alta Dr & Rainbow Blvd

RAINBOW SAHARA

21.77

N/E Corner of Sahara Ave & Rainbow Blvd

WESTLAND FAIR

53.83

S/E Corner of Charleston Blvd & Decatur Blvd

HUALAPAI COMMONS

24.95

S/E Corner of Charleston Blvd & Hualapai Way

PARCEL MAP FILE 96 PAGE 79

25.25

S/E Corner of Sahara Ave & Crystal Water Way

10

PECCOLE RANCH TOWN CENTER

50.46

N/E Corner of Charleston Blvd & Rampart Blvd

11

VILLAGE AT QUEENSRIDGE

28.53

N/E Corner of Rampart Blvd & Alta Dr

12

WELLINGTON COML CENTER AMD

36.74

N/W Corner of Fort Apache Road & Sahara Blvd

13

PARCEL MAP FILE 115 PAGE 77

28.14

N/W Corner of Charleston Blvd & Nellis Blvd

JB

TXT-58897
Staff Report Page Two
May 12, 2015 - Planning Commission Meeting

ACRES

WARD

LOCATION

14

DESCRIPTION
NORTHSHORE PROFESSIONAL
OFFICE P

26.63

N/W Corner of Buffalo Dr & Cheyenne Ave

15

PARCEL MAP FILE 66 PAGE 42

22.41

N/E Corner of Rancho Dr & Craig Rd

16

SOUTH SHORES CENTER

20.14

N/E Corner of Rampart Blvd & Lake Mead Blvd

17

BEST IN THE WEST

34.81

N/E Corner of Lake Mead Blvd & Rainbow Blvd

18

PARCEL MAP FILE 81 PAGE 56

33.50

S/W Corner of Rainbow Blvd & Cheyenne Ave

19

PT NE4 NE4 SEC 28 20 61

20.88

S/W Corner of H St & Owens Ave

20

RANCHO BUSINESS PARK

21.99

N/E Corner of Rancho Dr & Gowan Rd

21

DECATUR & TROPICAL


SHADOW MOUNTAIN
MARKETPLACE

36.34

N/W Corner of Decatur Blvd & Tropical Pkwy

35.02

S/W Corner of Decatur Blvd & Rome Blvd

22

*In 1976 recorded map Book 18, File 56 established the Meadows Mall subject site as a 106 acre
commercial subdivision. The site was subdivided in 1978 per recorded map Book 23, Page 18 to
create two commercial subdivisions, leaving the Meadows Mall site at 81.95 acres in size.

FINDINGS
The proposed text amendment will achieve the following:

Allow the sale of used automobiles, trucks and boats in conjunction with a Temporary
Commercial Permit.
Require that the Temporary Commercial Permit auto sales event take place in a subject
site which meets the criteria of a Shopping Center land use
Require that the Temporary Commercial Permit auto sales event take place in a subject
site with an aggregate of 20 acres in size.

The following table summarizes all proposed changes:


Code Requirements

19.16.160(C)(5)
Temporary Commercial
Permit Permitted Uses

Existing Regulations

Minimum Requirements:
Allows the sale of new
automobiles, trucks and
boats
C-1 zoning (or less
restrictive)
Requires a Shopping
Mall of at least 90 acres
in size

Proposed Regulations

Minimum Requirements:
Allows the sale of new
and used automobiles,
trucks and boats
Requires the event take
place on an established
Shopping Center land
use
Requires an aggregate
subject site of 20 acres

JB

TXT-58897
Staff Report Page Three
May 12, 2015 - Planning Commission Meeting

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

N/A

RJ ONLY

JB

Agenda Item No.: 63.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: MAY 12, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
SUBJECT:
CITIZENS PARTICIPATION: PUBLIC COMMENT DURING THIS PORTION OF THE
AGENDA MUST BE LIMITED TO MATTERS WITHIN THE JURISDICTION OF THE
PLANNING COMMISSION. NO SUBJECT MAY BE ACTED UPON BY THE PLANNING
COMMISSION UNLESS THAT SUBJECT IS ON THE AGENDA AND IS SCHEDULED
FOR ACTION. IF YOU WISH TO BE HEARD, COME TO THE PODIUM AND GIVE
YOUR NAME FOR THE RECORD. THE AMOUNT OF DISCUSSION ON ANY SINGLE
SUBJECT, AS WELL AS THE AMOUNT OF TIME ANY SINGLE SPEAKER IS
ALLOWED, MAY BE LIMITED