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Agenda Item No.: 34.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ABEYANCE - ZON-63601 - REZONING RELATED TO MOD-63600 AND GPA-63599 PUBLIC HEARING - APPLICANT/OWNER: 180 LAND CO, LLC, ET AL - For possible
action on a request for a Rezoning FROM: R-PD7 (RESIDENTIAL PLANNED
DEVELOPMENT - 7 UNITS PER ACRE) TO: R-E (RESIDENCE ESTATES) AND R-4
(HIGH DENSITY RESIDENTIAL) ON 248.79 ACRES AND FROM: PD (PLANNED
DEVELOPMENT) TO: R-4 (HIGH DENSITY RESIDENTIAL) on 2.13 acres at the southwest
corner of Alta Drive and Rampart Boulevard (APNs 138-31-702-002; 138-31-801-002 and 003;
138-32-202-001; and 138-32-301-005 and 007), Ward 2 (Beers) [PRJ-63491]. Staff has NO
RECOMMENDATION.
C.C.: 8/17/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

133

Planning Commission Mtg.

41

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff has NO RECOMMENDATION
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps - ZON-63601 and DIR-63602 [PRJ-63491]
3. Supporting Documentation

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.

ZON-63601

ZON-63601

ZON-63601

ZON-63601

ZON-63601

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Agenda Item No.: 35.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ABEYANCE - DIR-63602 - DIRECTOR''S BUSINESS RELATED TO MOD-63600 - PUBLIC
HEARING - APPLICANT/OWNER: 180 LAND CO, LLC, ET AL - For possible action on a
request for a Development Agreement between 180 Land Co. LLC, et al. and the City of Las
Vegas on 250.92 acres at the southwest corner of Alta Drive and Rampart Boulevard (APNs 13831-702-002; 138-31-801-002 and 003; 138-32-202-001; and 138-32-301-005 and 007), Ward 2
(Beers) [PRJ-63491]. Staff has NO RECOMMENDATION.
C.C.: 8/17/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

113

Planning Commission Mtg.

39

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff has NO RECOMMENDATION
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Staff Report
3. Supporting Documentation
4. Development Agreement

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.

DIR-63602

DIR-63602

DIR-63602

DIR-63602

DIR-63602

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DIR-63602 (PRJ-63491)
-

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY 12, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: DIR-63602 - DIRECTOR'S BUSINESS RELATED TO MOD63600 - PUBLIC HEARING - APPLICANT/OWNER: 180 LAND CO, LLC, ET AL

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
DIR-63602

RECOMMENDATION
Staff recommends APPROVAL.

REQUIRED FOR
APPROVAL
MOD-63600

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

6903

APPROVALS

39

PROTESTS

121

44

SS

DIR-63602 (PRJ-63491)
Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for consideration of and possible action on a Development Agreement between
the Master Developer (180 Land Company, LLC) of the 250.92-acre Badlands Golf Course
property (referred to in the Agreement as The Property, The Community or The Two
Fifty) and the City of Las Vegas. The Agreement addresses phasing, planning and restrictions
of development of the Property and the obligations of the Master Developer. The Agreement
also includes exhibits that contain design guidelines, development standards and permitted uses.

ISSUES

The proposed Development Agreement provides for the orderly redevelopment of the
Badlands Golf Course area (herein Property). At this time, a Site Development Plan
Review (SDR-62393) has only been submitted for the eastern 17.49 acres (Development
Area 1) of the Property. Site Development Plan Review(s) is necessary for the remaining
portion of the property within Development Areas 2 and 3, with review of single-family
residential development in Development Area 4 reserved to the Master Developer.

ANALYSIS
Development Agreement
The Agreement begins with a preamble containing recitals followed by division into eight
sections.
Recitals
This section establishes that 180 Land Company, LLC is Master Developer of the Property,
defined as the land on which the Badlands Golf Course is currently operated, and that the Master
Developer intends to repurpose the Property in a manner that is complementary and compatible
with adjacent uses due to the alleged infeasibility of maintaining the golf course as it presently
exists. As a result of development of the Property, the City of Las Vegas will receive assurances
with regard to phasing, timing and orderly development and infrastructure improvements.
Section One: Definitions
This section assigns specific meanings to the terms used throughout the Agreement for
consistency and the understanding of both parties.
SS

DIR-63602 (PRJ-63491)
Staff Report Page Two
July 12, 2016 - Planning Commission Meeting

Of note in this section is the meaning of certain pre-development terms such as Grading Plan,
Master Rough which defines the terms the Master Development must accept prior to issuance of
any rough grading permit, and Master Studies, which refer to the Master Drainage Study,
Master Sanitary Sewer Study and Master Traffic Study. Each study is to be approved by the
Director of Public Works prior to the issuance of any permits except grub and clear permits
outside of FEMA (Federal Emergency Management Agency) designated flood areas, demolition
permits, and recordation of any map except PMP-64285, which would divide a large portion of
the single-family designated area of the golf course into smaller development areas. A
significant portion of this area is located in a FEMA designated flood zone.
Several definitions refer to specific documents noted as separate exhibits. These include the
following:

Design Guidelines Exhibit D


Development Area(s) Exhibit B
Master Land Use Plan Exhibit B
Property, Community, or Two Fifty Exhibit A
Unified Development Code or UDC Exhibit G

Section Two: Applicable Rules and Conflicting Laws


This section stipulates that the Agreement shall supersede any conflicting provision of Title 19 of
the Las Vegas Municipal Code, provided that the City rules in force at the time of approval
generally apply to development of the Property. If there are subsequent changes to federal or
state law that conflict with the Agreement, the parties will endeavor to modify the Agreement to
conform to the law through a City Council hearing. Exhibit G of the Agreement is offered for
reference to memorialize the Unified Development Code at the time of recordation of the
Agreement. This action is typical of previous development agreements between the City and
developers in order to maintain the integrity of the agreements.
Section Three: Planning and Development of the Community
Section Three demonstrates compliance with the requirements of NRS 278.0201 regarding the
content of development agreements. The permitted uses of land, density or intensity of land use,
maximum height and size of proposed buildings, maximum number of units, phasing or timing
of construction, construction operations, conditions, terms, requirements and restrictions for
infrastructure and modification of the Agreement are addressed.
Specifically, the Master Developer is proposing to construct up to a maximum of 2,475 dwelling
units on the Property with up to an additional 200 assisted living apartments, for a total unit
count of 2,675 and a maximum overall density of 10.7 dwelling units per acre. If any or all of
the assisted living units are not ultimately constructed, they cannot be built as any other
residential dwelling unit type.
SS

DIR-63602 (PRJ-63491)
Staff Report Page Three
July 12, 2016 - Planning Commission Meeting

The Property is to be divided into four development areas that are characterized by land use type,
zoning, density and unique standards for development. The areas are numbered southwesterly
from Alta Drive.
Proposed Development Areas*
Development
Area

Area
(acres)

1
2
3

17.49
20.69
29.03

4
TOTAL

Proposed Land Use**

Multi-Family Residential
Multi-Family Residential
Multi-Family Residential
Single-Family
183.71
Residential
250.92

Proposed
General
Plan
H
H
H

Proposed
Zoning

R-4
R-4
R-4

Max.
Dwelling
Units
720

Max.
Density
(du/ac)
41.2

1880

37.8

DR

R-E

75

0.41

2675

10.7

*Established through this Development Agreement (DIR-63602) and provided here by reference.
**Proposed through the associated Major Modification of the Peccole Ranch Master Plan (MOD-63600)
Proposed through the associated General Plan Amendment (GPA-63599)
Proposed through the associated Rezoning (ZON-63601)

Development Areas 1-3 are proposed to contain multi-family dwellings to be mapped as


condominiums after an unspecified period of time. Development Area 1 is to contain a complex
of four buildings of four stories each, for which a Site Development Plan Review (SDR-62393)
has been submitted to the City of Las Vegas. Development Area 2 is to contain two multi-family
residential towers of up to 15 stories and 150 feet in height, sited so as to minimize impact on
view corridors. Development Area 3 is nearest to existing single-family dwellings, and therefore
includes a 75-foot No Building Structure zone on the perimeter containing only an access road
and landscaping and an additional 75-foot Transition Zone within which buildings cannot
exceed the height of the tallest existing adjacent residence. All buildings are intended to
conform to the residential adjacency requirements of the Unified Development Code.
Development Areas 2 and 3 may contain the proposed assisted living apartments and up to 7,500
square feet of ancillary commercial uses for the benefit of residents. Development Area 4 takes
up approximately 73 percent of the Property, but would be restricted to low density residential
and associated uses and only contain up to 75 single-family residential dwellings (on estate
lots) and a large landscaped area to be maintained by a homeowners association or similar
entity. A Major Modification of the Peccole Ranch Master Plan, General Plan Amendment and
Rezoning must be approved in order to allow the types of development proposed.
Phasing of development is indicated by Exhibit F. The actual sequence of construction,
including infrastructure installation, is market-driven and not intended to follow any numeric or
alphabetical sequence as shown on the exhibit. Portions of the construction are tied to
milestones based on approval for construction of a certain number of units (typically measured
by permits); however, no development in FEMA designated flood areas may commence unless
the Master Developer first receives a Conditional Letter of Map Revision from FEMA. The

SS

DIR-63602 (PRJ-63491)
Staff Report Page Four
July 12, 2016 - Planning Commission Meeting

Agreement stipulates that any or all of the golf course may be closed at any time by the Master
Developer. Once closed, the Master Developer would continue to maintain the Property by
mowing, watering and/or clear and grub.
Development of the Property contains an open space component whereby 50 percent of the land
is to be landscaped and/or amenitized for residents. Most of this space is to be located within
Development Area 4, reserved through easements or deed restrictions and maintained by
individual property owners, a homeowners association, sub-HOA or possibly a combination of
these. Similar to phasing of construction of the main north-south interior drive, public open
space improvements within Development Areas 1-3 shall be completed prior to approval for
construction of the 1,500th residential unit. A stated goal of the Parks Element of the City of
Las Vegas 2020 Master Plan is to ensure new subdivisions are developed into walkable
communities, where reliance on auto trips for convenience shopping and access to education and
recreation is minimized and where densities support transit. Per the 2012 Southern Nevada
Regional Planning Coalition Regional Policy Plan, between 2.5 and 10 acres of open space per
1,000 residents is recommended. A minimum of 124.7 acres of open space is proposed on the
whole of the Property through the Agreement; 2.5 acres is to be made available for the benefit of
the public.
The Design Guidelines document is presented as Exhibit D and contains the specific standards
for development in each of Development Areas 1-4. The Design Guidelines can be modified
through City Council action on a Major Modification or Major Deviation application to the City,
but only at the request of the Master Developer. All modifications are considered major.
Section Four: Maintenance of the Community
Sidewalks, common landscaped areas, landscaping within street rights-of-way and private
drainage facilities are to be managed and maintained by a master homeowners association, subHOA or a combination of these as established by the Master Developer. This section defines the
responsibilities of these entities and provides for a plan for maintenance of private amenities.
The City would continue to maintain any public facilities dedicated within the Property.
Section Five: Project Infrastructure Improvements
Major traffic improvements include the provision of an additional right turn lane on northbound
Rampart Boulevard at Summerlin Parkway, an additional lane on the Propertys Rampart
Boulevard frontage and any traffic signals required by the Master Traffic Study. Drainage
improvements are the sole responsibility of the Master Developer and stipulations are made to
ensure timely provision of drainage facilities.

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Section Six: Default


As is required by NRS 278, the Agreement specifies the events that constitute breach of the
agreement and the periods during which any breach of the Agreement may be cured. The City
may elect to amend or terminate the Agreement pursuant to state law if a finding of default is
made by the City Council. The Master Developer has the right to scrutinize the finding of
default and take legal action if necessary.
Section Seven: General Provisions
This section includes NRS-mandated provisions such as the duration of the Agreement (30 years
with an optional five-year extension), the assignment or transfer of the rights in this Agreement
to another party, indemnity of the City in cases of damages incurred by the Master Developer
and recordation of the Agreement. There is no third party to this Agreement in the cases of land
sales to other entities.
Section Eight: Review of Development
The Agreement is subject to review every two years to assess the progress of the parties in
fulfilling their obligations. The Master Developer will provide a report to the City of term
compliance within each two-year period. Such review is typically brought forward to the City
Council in a public hearing, although not specifically stated in the Agreement.

Development Agreement Exhibits


Exhibit A: Property Legal Description
As required by NRS 278.0201, a signed and stamped legal description of the Property referenced
by the Agreement is included. The area includes 250.92 acres and encompasses the entire
Badlands Golf Course.
Exhibit B: Master Land Use Plan with Development Areas
This exhibit divides the Property into four distinct Development Areas as described in Section 3.
The proposed City of Las Vegas General Plan designation and zoning classification of each area
are stated, as well as the number of acres in each area and section. Development Area 4 is
further subdivided into seven sections (A-G) that are not intended to be subdivided or built out in
any particular order. If the associated Major Modification, General Plan Amendment and
Rezoning are approved, the uses, zoning designations and Master Land Use Plan would be in
conformance with the City of Las Vegas General Plan.

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Exhibit C: 2016 Major Modification


This exhibit memorializes the proposed modification of the 1990 Peccole Ranch Master Plan to
redesignate the areas corresponding to Development Areas 1-3 in Exhibit B as Multi-Family
Residential and Development Area 4 as Single-Family Residential, as well as the removal of a
portion of APN 138-32-723-001 from the Plan area. This exhibit would include all documents
related to the Major Modification (MOD-63600).
Exhibit D: The Two Fifty Design Guidelines, Development Standards and Uses
In order to ensure orderly and consistent development and fulfill the Master Developers vision
for redevelopment of the Property, The Master Developer has proposed a unique set of standards,
procedures and permitted uses as part of the Development Agreement. The document allows the
Master Developer to deviate from R-4 (High Density Residential) and R-E (Residence Estates)
standards established by LVMC Title 19 where it deems necessary to effect imaginative and
flexible design of buildings and open spaces. The tables below indicate where the proposed
standards meet, exceed or are less restrictive than Title 19.
R-4 Lot Standards (Multifamily)
Standard
Min. Lot Size
Min. Lot Width
Max. Lot Coverage
Dwelling Units per Acre
Min. Setbacks:
Front
Side
Corner Side
Rear
Min. Distance Between
Buildings
Accessory Structures:
Separation from Main
Building
Min. Corner Side Yard
Setback
Min. Side Yard Setback
Min. Rear Yard Setback
Size and Coverage

Required per UDC

Proposed per DA

7,000 sf
N/A
N/A
Unlimited, but determined
by underlying GP
designation

7,000 sf
N/A
N/A

Compliance
per UDC
meets
meets
meets

Max. 41.2 du/ac (DA 1)


Max. 37.8 du/ac (DA 2, 3)

exceeds

10 feet
5 feet
5 feet
20 feet

10 feet
5 feet
5 feet
10 feet

meets
meets
meets
less restrictive

Unlimited

Unlimited

meets

6 feet

6 feet

meets

5 feet

5 feet

meets

3 feet
3 feet
Not to exceed 50% of the
floor area of the principal
dwelling unit

3 feet
3 feet

meets
meets

No limitations

less restrictive

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Max. Building Height:


Stories

N/A

Floors

N/A

Flat Roof

Pitched Roof

Accessory Buildings

55 feet to the top of the roof


coping

55 feet to the midpoint


between eaves and ridgeline

4 (DA 1)
4-6 midrise (DA 2)
15 towers (DA 2)
4 (DA 3)
See Stories
55 feet to the top of the
roof coping (DA 1, 3)
55 feet to the top of the
roof coping (DA 2, 4-story
buildings)
75 feet to the top of the
roof coping (DA 2, 6-story
buildings)
150 feet to the top of the
roof coping (DA 2,
towers)
55 feet to the midpoint
between eaves and
ridgeline (DA 1, 3)
55 feet to the midpoint
between eaves and
ridgeline (DA 2, 4-story
buildings)
75 feet to the midpoint
between eaves and
ridgeline (DA 2, 6-story
buildings)
150 feet to the midpoint
between eaves and
ridgeline (DA 2, towers)

exceeds
N/A
meets
meets

less restrictive

less restrictive

meets

meets

less restrictive

less restrictive

2 stories, 35 feet or the


height of the principal
dwelling unit, whichever is
less

No taller than the height of


the principal dwelling unit

less restrictive

5 feet rear
5 feet side
5 feet corner side
May encroach up to 3 feet
from side and rear PLs
May not extend into front
yard setback

N/A

per UDC

Patio Covers:
Setback to Post
Overhang
Other Restrictions

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Residential Adjacency:
Building Height/Setback
per Proximity Slope

Building Setback

3 feet of setback for each 1


foot of building height above
15 feet
Must at a minimum match
the established setback of
the protected property

3 feet of setback for each 1


foot of building height
above 15 feet
60 feet from existing SFD
(R-PD7 or less density)
50 feet from existing SFD
(greater than 7.49 du/ac)
10 feet from existing
commercial property

meets
exceeds
exceeds
meets except
rear setback

Landscape Buffers:
Min. Buffer Depth
Adjacent to public ROW
Interior Lot Lines
Turf Coverage
Parking:
1 BR or Studio Units
2 BR Units
3+ BR Units
Guest Parking
Fences and Walls:
Front Yard:
Max. Primary Wall
Height
Max. Solid Wall Base
Height
Max. On-Center
Distance Between
Pilasters
Max. Secondary Wall
Height
Min. Spacing Between
Walls
Perimeter/Retaining
Walls:
Max. Wall Height
Max. Perimeter Wall
Height
Max. Retaining Wall
Height

6 feet
30% of landscapable area

10 feet within and/or


adjacent to ROW
Not addressed
No limitations

1.25 spaces per unit


1.75 spaces per unit
2.00 spaces per unit
1 space per 6 units

1.25 spaces per unit


1.75 spaces per unit
2.00 spaces per unit
1 space per 6 units

meets
meets
meets
meets

5 feet

12 feet

less restrictive

2 feet

N/A

less restrictive

24 feet

N/A

less restrictive

2 feet

N/A

less restrictive

5 feet

N/A

less restrictive

12 feet

meets

12 feet

less restrictive

8 feet

less restrictive

10 feet

10 feet for slopes 2%


12 feet for slopes > 2%
6-8 feet for slopes 2%
6-8 feet for slopes > 2%
4 feet for slopes 2%
6 feet for slopes > 2%

less restrictive
Per UDC
less restrictive

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Stepped Perimeter Walls:


Max. Primary Wall
Height
Max. Secondary Wall
Height
Min. Spacing Between
Walls
Signage:
Development Entry
Statement Signs
Other Residential Sign
Types

6-8 feet

No restrictions

less restrictive

4 feet

No restrictions

less restrictive

5 feet

No restrictions

less restrictive

2 signs at each entry


No max. size
5-foot setback from PL
Direct white light or internal
illumination only

2 signs at each entry


No max. size
5-foot setback from PL
Direct white light or
internal illumination only

meets

See UDC Title 19.06

Per UDC Title 19.06

meets

R-E Lot Standards (Single Family)


Standard

Compliance
per UDC
meets
per UDC
N/A
N/A
N/A
N/A
N/A

Required per UDC

Proposed per DA

Min. Lot Size


Min. Lot Width
Max. Lot Coverage
Max. Buildable Area

20,000 sf
100 feet
N/A

(Lots 1 acre in size)

N/A

2.18 du/ac

20,000 sf
Not addressed
N/A
50% - 1 acre lot
33% - 3 acre lot
25% - 5 acre lot
25% - > 5 acre lot
Proportional other lot
sizes
Max. 0.41 du/ac

50 feet

50 feet

meets

30 feet

30 feet

meets

10 feet
15 feet
35 feet

10 feet
15 feet
35 feet
Must meet buildable area
restrictions

meets
meets
meets

Dwelling Units per Acre


Min. Setbacks:
Front (public street)
Front (private street or
access easement)
Side
Corner Side
Rear
Lots 1 acre in size

Same as above

N/A
exceeds

less restrictive

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Accessory Structures:
Separation from Main
Building
Min. Corner Side Yard
Setback
Min. Side Yard Setback
Min. Rear Yard Setback
Size and Coverage
Max. Building Height:
Stories (above grade)
Floors
Flat Roof
Pitched Roof
Accessory Structures

6 feet

No separation required.
Attached or detached
permitted

less restrictive

15 feet

N/A

less restrictive

10 feet
10 feet
Not to exceed 50% of the
rear and side yard areas

N/A
N/A

less restrictive
less restrictive

No limitations

less restrictive

3 max
See Stories
50 feet to the top of the
roof coping
50 feet to the midpoint
between eaves and
ridgeline
Lesser of 3 stories or 50
feet

less restrictive
N/A

2 max.
N/A
35 feet to the top of the roof
coping
35 feet to the midpoint
between eaves and ridgeline
2 stories or 35 feet,
whichever is less

less restrictive
less restrictive
less restrictive

Patio Covers:

Setback to Supports

Overhang
Other Restrictions
Residential Adjacency:
Building Height/Setback
per Proximity Slope

Building Setback

15 feet rear
15 feet side
15 feet corner side
2 feet beyond supports
May not extend into front
yard setback

15 feet rear
15 feet side
15 feet corner side
Lots 1 acre must meet
buildable area restrictions
Not addressed

meets
less restrictive
per UDC

Not addressed

per UDC

N/A

N/A

N/A

N/A

60 feet from existing SFD


(R-PD7 or less density)
50 feet from existing SFD
(greater than 7.49 du/ac)
10 feet from existing
commercial property

exceeds
exceeds
less restrictive

Landscape Buffers:
Min. Buffer Depth
Adjacent to public ROW
Interior Lot Lines
Turf Coverage

6 feet
0 feet
0% of front yard area

6 feet within and/or


adjacent to ROW
0 feet
No limitations

less restrictive
meets
less restrictive

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Parking:
Single-Family Detached
units
Accessory Structure (Class
I)
Fences and Walls:
Front Yard:
Max. Primary Wall
Height
Max. Solid Wall Base
Height
Max. On-Center
Distance Between
Pilasters
Max. Secondary Wall
Height
Min. Spacing Between
Walls
Perimeter/Retaining
Walls:
Max. Wall Height
Max. Perimeter Wall
Height
Max. Retaining Wall
Height
Stepped Perimeter Walls:
Max. Primary Wall
Height
Max. Secondary Wall
Height
Min. Spacing Between
Walls
Signage:
Development Entry
Statement Signs
Other Residential Sign
Types

2 unimpeded spaces per unit

2 spaces per unit

meets

1 additional space beyond


base requirements

Not addressed

per UDC

5 feet

12 feet

less restrictive

2 feet

8 feet

less restrictive

24 feet

N/A

less restrictive

2 feet

N/A

less restrictive

5 feet

N/A

less restrictive

12 feet

meets

12 feet

less restrictive

8 feet

less restrictive

6-8 feet

No restrictions

less restrictive

4 feet

No restrictions

less restrictive

5 feet

No restrictions

less restrictive

2 signs at each entry


No max. size
5-foot setback from PL
Direct white light or internal
illumination only

2 signs at each entry


No max. size
5-foot setback from PL
Direct white light or
internal illumination only

meets

See UDC Title 19.06

Per UDC Title 19.06

meets

10 feet for slopes 2%


12 feet for slopes > 2%
6-8 feet for slopes 2%
6-8 feet for slopes > 2%
4 feet for slopes 2%
6 feet for slopes > 2%

As the table above shows, where the proposed standards are less restrictive than Title 19
(primarily setbacks and wall heights), additional controls mitigate any negative impact they
might have to adjacent properties and uses. For example, although the height of the towers is
nearly three times as tall as the R-4 standard, they would be situated in such a way that no tower
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would be adjacent to any single-family residential lot and would be shielded by other mid-rise
buildings. Likewise, lots would be configured along the perimeter so that property line walls
will be adequately buffered by access roads and landscaping. Within Development Area 4,
buildable area restrictions would ensure lots are not overbuilt and sufficient open space is
provided. Within this context, the larger size of the estate lots justifies the increased building
height standard.
Permitted uses are named according to the terms used by the Unified Development Code, except
those called out in the Permitted Uses table in Exhibit B of the Design Guidelines, Development
Standards and Uses. Definitions of these uses are assumed to correspond to those used in LVMC
19.18.020. All permitted uses in the R-E and R-4 zoning districts not listed in Exhibit B are
permitted according to the UDC. Additional uses listed not in LVMC 19.12.010 include the
following:
Guard Gate Entry Structure (not considered a use of land in UDC)
Landscape Maintenance Facility
Temporary Rock Crushing Operation
Temporary Stockpiling
Water Feature (not considered a use of land in UDC)

Permitted uses: Deviations from LVMC Title 19.12


Use
UDC
R-E
R-4
Accessory Structure (Class I) SUP required Not allowed
Accessory Structure
Conditional
Conditional
(Class II)
Mixed Use
Not allowed
SUP required
Two Family Dwelling
Not allowed
Not allowed

Proposed per DA
R-E
R-4
Permitted
Not allowed
Permitted

Permitted

Not allowed
Permitted

Permitted
Not allowed

Alcohol Related Uses permitted in the proposed R-4 zoning district include Beer/Wine/Cooler
On-Sale Establishment and Restaurant with Service Bar as defined by UDC. All such uses will
require approval of a Special Use Permit. Within the UDC, these uses are allowed as part of the
Mixed Use use rather than as separate categories within the R-4 zoning district. The same
applies to the ancillary commercial uses that are planned to serve residents of the multi-family
development.
The document also includes cross sections of various private road types and their locations
within the Property. The primary north-south street is planned to be 84 feet wide with two lanes
in each direction and a median. The primary east-west street would have a maximum width of
69 feet with parallel parking stalls, attached sidewalks and landscaping on both sides. Private,
gated streets within Development Area 4 will be determined as Sections A-G are subdivided.
Access to the development would be from Hualapai Way, Rampart Boulevard and the
southwestern boundary of Development Area 3. The access and circulation provided are
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adequate to meet the needs of the proposed residential development and would not create traffic
conflicts within the Property. The proposed public street improvements as required by the
approved Traffic Study will be necessary to handle the projected increase in traffic in the
vicinity.
All site or lot development plans will first be reviewed by the Master Developer before review
by the City of Las Vegas. Staff finds that the standards, procedures and permitted uses are
compatible with the type of development proposed and would not have a negative effect on
adjacent properties outside the 250.92 acres.
Exhibit F: Development Phasing
NOTE: Exhibit E contained a conceptual site plan for Development Areas 1-3 and was
intentionally deleted by the Master Developer. A similar plan is shown in Exhibit L-1 of the
Major Modification (MOD-63600).
Phasing of construction is to be determined by market conditions and is not intended to be tied to
any specific duration of time; however, milestones linked to a set number of residential
construction permits have been established to ensure completion of certain components of each
Development Area:
The extension of Clubhouse Drive is to be completed prior to the approval for
construction of the 1,500th residential unit (or group of units that includes such permit).
A new traffic signal at the Rampart Boulevard entrance to Development Area 1 is to be
completed prior to issuance of the last Certificate of Occupancy in Development Area 1.
Open space/amenities within Development Areas 1-3 are to be constructed incrementally
as the multi-family residential units are constructed. Prior to the approval for
construction of the 1,500th residential unit, the 2.5 acres of private park areas to be open
for public consumption must be completed.
Drainage infrastructure, including box culverts and/or drainage channels, access points
and landscaping within Development Area 4, is to be completed prior to the approval for
construction of the 1,700th residential unit.
Development of areas currently designated as FEMA flood zones cannot commence until
the Master Developer receives a Conditional Letter of Map Revision from FEMA.
Exhibit G: Unified Development Code as of the Effective Date
The Master Developer intends to freeze the standards and processes contained within LVMC
Title 19 (Unified Development Code) in order to maintain consistency of development
throughout the life of the Agreement. The version of the UDC in effect at the time of
recordation of the Agreement would become the basis for all plan review and procedural activity
not explicitly contained within the Agreement itself.

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FINDINGS (DIR-63602)
The proposed Development Agreement conforms to the requirements of NRS 278 regarding the
content of development agreements. Its land use plan will be consistent with the City of Las
Vegas General Plan if the associated General Plan Amendment (GPA-63599) is approved.
Through additional development and design controls, the proposed development would be
sensitive to and compatible with the existing single-family uses on the adjacent parcels.
Furthermore, the development as proposed would be consistent with goals, objectives and
policies of the Las Vegas 2020 Master Plan that call for walkable communities, access to transit
options, access to recreational opportunities and dense urban hubs at the intersection of primary
roads. Staff therefore recommends approval of the proposed Development Agreement.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved an amendment to the Peccole Ranch Master
Development Plan to make changes related to Phase Two of the Plan and to
04/04/90
reduce the overall acreage to 1,569.60 acres. Approximately 212 acres of
land in Phase Two was planned for a golf course. The Planning Commission
and staff recommended approval. [Peccole Ranch Master Development Plan]
The City Council approved a Rezoning (Z-0017-90) from N-U (Non-Urban)
(under Resolution of Intent to multiple zoning districts) to R-3 (Limited
Multiple Residence), R-PD7 (Residential Planned Development 7 Units per
Acre) and C-1 (Limited Commercial) on 996.40 acres on the east side of
04/04/90
Hualapai Way, west of Durango Drive, between the south boundary of Angel
Park and Sahara Avenue. A condition of approval limited the maximum
number of dwelling units for Phase Two of the Peccole Ranch Master
Development Plan to 4,247 units. The Planning Commission and staff
recommended approval. [Peccole Ranch Phase Two]
A (Parent) Final Map (FM-0008-96) for a 16-lot subdivision (Peccole West)
on 570.47 acres at the northeast corner of Charleston Boulevard and Hualapai
12/05/96
Way was recorded [Book 77 Page 23 of Plats]. The golf course was located
on Lot 5 of this map.
A Final Map [FM-0008-96(1)] to amend portions of Lots 5 and 10 of the
Peccole West Subdivision Map on 368.81 acres at the northeast corner of
03/30/98
Charleston Boulevard and Hualapai Way was recorded [Book 83 Page 57 of
Plats].
A two-lot Parcel Map (PMP-58527) on 10.54 acres on the south side of Alta
06/08/15
Drive, approximately 1,590 feet west of Rampart Boulevard was recorded
[Book 120 Page 44 of Parcel Maps].

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


A four-lot Parcel Map (PMP-59572) on 250.92 acres at the southwest corner
06/18/15
of Alta Drive and Rampart Boulevard was recorded [Book 120 Page 49 of
Parcel Maps].
A two-lot Parcel Map (PMP-62257) on 70.52 acres at the southwest corner of
11/30/15
Alta Drive and Rampart Boulevard was recorded [Book 120 Page 91 of Parcel
Maps].
The Planning Commission voted [6-0] to hold General Plan Amendment
(GPA-62387) from PR-OS (Parks/Recreation/Open Space) to H (High
Density Residential), a Rezoning (ZON-62392) from R-PD7 (Residential
Planned Development 7 Units per Acre) to R-4 (High Density Residential)
01/12/16
and a Site Development Plan Review (SDR-62393) for a proposed 720-unit
multi-family residential development at the southwest corner of Alta Drive
and Rampart Boulevard in abeyance to the March 8, 2016 Planning
Commission meeting at the request of the applicant.
The Planning Commission voted [7-0] to hold GPA-62387, ZON-62392 and
03/08/16
SDR-62393 in abeyance to the April 12, 2016 Planning Commission meeting
at the request of the applicant.
A two-lot Parcel Map (PMP-63468) on 53.03 acres at the southwest corner of
03/15/16
Alta Drive and Rampart Boulevard was recorded [Book 121 Page 12 of Parcel
Maps].
The Planning Commission voted [7-0] to hold GPA-62387, ZON-62392 and
04/12/16
SDR-62393 in abeyance to the May 10, 2016 Planning Commission meeting
at the request of the applicant.
The Planning Commission voted [7-0] to hold MOD-63600, GPA-63599,
04/12/16
ZON-63601 and DIR-63602 in abeyance to the May 10, 2016 Planning
Commission meeting at the request of the applicant.
The Planning Commission voted [7-0] to hold GPA-62387, ZON-62392 and
05/10/16
SDR-62393 in abeyance to the July 12, 2016 Planning Commission meeting
at the request of City staff.
The Planning Commission voted [7-0] to hold MOD-63600, GPA-63599,
05/10/16
ZON-63601 and DIR-63602 in abeyance to the July 12, 2016 Planning
Commission meeting at the request of City staff.

Most Recent Change of Ownership


04/14/05
A deed was recorded for a change in ownership on APN 138-32-202-001.
A deed was recorded for a change in ownership on APN 138-31-702-002;
11/16/15
138-31-801-002 and 003; 138-32-301-005 and 007.

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Related Building Permits/Business Licenses


There are no building permits or business licenses relevant to this request.

Pre-Application Meeting
Multiple meetings were held with the applicant to discuss the proposed development agreement
and the timelines and requirements for application submittal.

Neighborhood Meeting
A neighborhood meeting is not required to enter into a development agreement; however,
between December 2015 and April 2016, a series of meetings were held between vicinity
property owners and residents and the applicants to discuss the proposed development of the
Property.

Details of Application Request


Site Area
Net Acres
250.92

Surrounding
Property
Subject Property

North

Existing Land Use Per


Planned or Special
Title 19.12
Land Use Designation
Commercial
PR-OS
Recreation/Amusement
(Parks/Recreation/Open
(Outdoor) Golf
Space)
Course
Multi-Family
Residential
GTC (General Tourist
(Condominiums) /
Commercial)
Club House
Hotel/Casino
SC (Service
Office, Medical or
Commercial)
Dental

Single Family,
Detached

ML (Medium Low
Density Residential)
MLA (Medium Low
Attached Density
Residential)

Existing Zoning District


R-PD7 (Residential
Planned Development 7
Units per Acre)
PD (Planned
Development)
C-1 (Limited
Commercial)
R-PD7 (Residential
Planned Development 7
Units per Acre)
R-PD10 (Residential
Planned Development
10 Units per Acre)

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Surrounding
Property

Existing Land Use Per


Title 19.12
Office, Other Than
Listed

Planned or Special
Land Use Designation
SC (Service
Commercial)

Single Family,
Detached

ML (Medium Low
Density Residential)

South
Single Family,
Attached
Multi-Family
Residential

M (Medium Density
Residential)

Shopping Center

SC (Service
Commercial)

Office, Other Than


Listed
East

Utility Installation

GC (General
Commercial)
PF (Public Facilities)

Single Family,
Attached

M (Medium Density
Residential)

Mixed Use

Single Family,
Detached
West

Golf Course
Multi-Family
Residential

C-1 (Limited
Commercial)
R-PD7 (Residential
Planned Development 7
Units per Acre)
R-PD10 (Residential
Planned Development
10 Units per Acre)
R-3 (Medium Density
Residential)
PD (Planned
Development)
C-1 (Limited
Commercial)
C-2 (General
Commercial)
C-V (Civic)
R-PD10 (Residential
Planned Development
10 Units per Acre)

SF2 (Single Family


Detached 6 Units per
Acre)
P (Parks/Open Space) P-C (Planned Community)
MF2 (Medium Density
Multi-family 21 Units
per Acre)

Master Plan Areas


Peccole Ranch
Special Purpose and Overlay Districts
R-PD (Residential Planned Development) District

PD (Planned Development) District

Existing Zoning District

Compliance
Proposed to
be modified
Compliance
Proposed to
be rezoned to
R-4 and R-E
Proposed to
be rezoned to
R-4

SS

DIR-63602 (PRJ-63491)
Staff Report Page Nineteen
July 12, 2016 - Planning Commission Meeting

Other Plans or Special Requirements


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

Compliance
Y
N/A
Y
Y

SS

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MOD-63600, GPA-63599, ZON-63601 and DIR-63602

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MOD-63600, GPA-63599, ZON-63601 and DIR-63602

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MOD-63600, GPA-63599, ZON-63601 and DIR-63602

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MOD-63600, GPA-63599, ZON-63601 and DIR-63602

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MOD-63600, GPA-63599, ZON-63601 and DIR-63602

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MOD-63600, GPA-63599, ZON-63601 and DIR-63602

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MOD-63600, GPA-63599, ZON-63601 and DIR-63602

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MOD-63600, GPA-63599, ZON-63601 and DIR-63602

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7 7 7 7 7 7 7 7 7 7 7
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MOD-63600, GPA-63599, ZON-63601 and DIR-63602

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MOD-63600, GPA-63599, ZON-63601 and DIR-63602

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MOD-63600, GPA-63599, ZON-63601 and DIR-63602

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MOD-63600, GPA-63599, ZON-63601 and DIR-63602

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MOD-63600, GPA-63599, ZON-63601 and DIR-63602

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MOD-63600, GPA-63599, ZON-63601 and DIR-63602

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MOD-63600, GPA-63599, ZON-63601 and DIR-63602

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MOD-63600, GPA-63599, ZON-63601 and DIR-63602

Agenda Item No.: 36.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ABEYANCE - VAR-63584 - VARIANCE - PUBLIC HEARING - APPLICANT: DR
HORTON - OWNER: R M H TRUST - For possible action on a request for a Variance TO
ALLOW A CONNECTIVITY RATIO OF 1.0 WHERE 1.3 IS REQUIRED AND TO ALLOW
NO AMENITY ZONE WHERE SUCH IS REQUIRED FOR A PROPOSED RESIDENTIAL
SUBDIVISION on 1.90 acres at the northwest corner of Dorrell Lane and Decatur Boulevard
(APN 125-24-503-020), R-1 (Single Family Residential) Zone, Ward 6 (Ross) [PRJ-63482].
Staff recommends DENIAL.
C.C.: 8/17/2016
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-63584, WVR-63585 and TMP-63586 [PRJ-63482]
2. Conditions and Staff Report - VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]
3. Supporting Documentation - VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]
4. Photo(s) - VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]
5. Justification Letter - VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]
6. Protest/Support Postcards - VAR-63854 and WVR-63585 [PRJ-63482]
7. Letter of Rebuttal for VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]
8. Release Letter from DR Horton - VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]

VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY 12, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: DR HORTON - OWNER: R M H TRUST

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-63584
WVR-63585
TMP-63586

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

REQUIRED FOR
APPROVAL

VAR-63584
VAR-63584
WVR-63585

** NOTFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

22 - VAR-63584
24 - WVR-63585 and TMP-63586

NOTICES MAILED

274 - VAR-63584 and WVR-63585


274 - TMP-63586

APPROVALS

1 - VAR-63584 and WVR-63585


1 - TMP-63586

PROTESTS

2 - VAR-63584 and WVR-63585


2 - TMP-63586

JB

VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]


Conditions Page One
July 12, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-63584 CONDITIONS
Planning
1.

This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.

2.

All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.

3.

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

4.

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

WVR-63585 CONDITIONS
Planning
1.

This approval shall be void two (2) years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.

2.

All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.

3.

A Waiver from of Title 19.02.240 to allow no street lighting along the proposed interior
private street where such is required is approved.

4.

A Waiver from of Title 19.02.140 to allow a 187-foot external intersection offset where
220 feet is the minimum distance separation required is approved.
JB

VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]


Conditions Page Two
July 12, 2016 - Planning Commission Meeting

5.

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

6.

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

TMP-63586 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Variance (VAR-63584)


and Waiver (WVR-63585) shall be required, if approved.

2.

Approval of the Tentative Map shall be for no more than four (4) years. If a Final Map is
not recorded on all or a portion of the area embraced by the Tentative Map with four (4)
years of the approval of the Tentative Map, this action is void.

3.

Street names must be provided in accordance with the City of Las Vegas Street Naming
and Address Assignment Regulations, 2009 Edition.

4.

A fully operational fire protection system, including fire apparatus roads, fire hydrants and
water supply, shall be installed and shall be functioning prior to construction of any
combustible structures.

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.

JB

VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]


Conditions Page Three
July 12, 2016 - Planning Commission Meeting

6.

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

Public Works
7.

Construct half-street improvements on Dorrell Lane and Decatur Boulevard adjacent to this
site. All existing paving damaged or removed by this development shall be restored at its
original location and to its original width concurrent with development of this site.
Additionally, coordinate the construction of widened pavement adjacent to Assessor Parcel
Number #125-24-503-012 between this site and the Donald & Decatur I site (TMP-63580).

8.

The private street for this site must be granted as a Public Utility Easement, Public Sewer
Easement, and Public Drainage Easement with private surface maintenance by the
Homeowners Association on the Final Map for this site.

9.

A working sanitary sewer connection shall be in place prior to final inspection of any units
within this development. Full permanent improvements on all major access streets,
including all required landscaped areas between the perimeter wall and adjacent public
street, shall be constructed and accepted by the City prior to issuance of any building
permits beyond 50% of all units within this development. All off-site improvements
adjacent to this site, including all required landscaped areas between the perimeter walls
and adjacent public streets, shall be constructed and accepted prior to issuance of building
permits beyond 75%. The above thresholds notwithstanding, all required improvements
shall be constructed in accordance with Title19.02.130.D.

10.

All landscaping and private improvements installed with this project shall be situated and
maintained so as to not create sight visibility obstructions for vehicular traffic at all
development access drives and abutting street intersections.

11.

A Drainage Plan and Technical Drainage Study must be submitted to and approved by the
Department of Public Works prior to the issuance of any building or grading permits or
submittal of any construction drawings, whichever may occur first. Provide and improve
all drainageways recommended in the approved drainage plan/study. The developer of this
site shall be responsible to construct such neighborhood or local drainage facility
improvements as are recommended by the City of Las Vegas Neighborhood Drainage
Studies and approved Drainage Plan/Study concurrent with development of this site.

12.

As per Unified Development Code (UDC) 19.16.060.G, all requirements must be complied
with or such future compliance must be guaranteed by an approved performance security
method in accordance with UDC sections 19.02.130.C and 19.02.130.E.

JB

VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]


Conditions Page Four
July 12, 2016 - Planning Commission Meeting

12.

The approval of all Public Works related improvements shown on this Tentative Map is in
concept only. Specific design and construction details relating to size, type and/or
alignment of improvements, including but not limited to street, sewer and drainage
improvements, shall be resolved prior to approval of the construction plans by the City. No
deviations from adopted City Standards shall be allowed unless specific written approval
for such is received from the City Engineer prior to the recordation of a Final Map or the
approval of subdivision-related construction plans, whichever may occur first. Approval of
this Tentative Map does not constitute approval of any deviations. If such approval cannot
be obtained, a revised Tentative Map must be submitted showing elimination of such
deviations.

JB

VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]


Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
This is a request for a Tentative Map for a proposed eight-lot single-family residential
subdivision, comprised of eight residential lots and two common lots on a 1.90-acre undeveloped
site located on the northwest corner of Dorrell Lane and Decatur Boulevard, within a R-1 (Single
Family Residential) zoning district.
In addition, the applicant has also requested a Waiver of Title 19.02 and Variance of Title 19.04
Complete Street development standards; to allow a connectivity ratio of 1.0 where 1.3 is
required, to allow no amenity zone where such is required along Dorrell Lane and Decatur
Boulevard, to allow a 187-foot external intersection offset where 220 feet is the minimum
distance separation required and to allow no streetlights along the interior private street where
such are required. No unique or extraordinary evidence has been presented to warrant the
requested Waiver and Variance. As such, the hardship is self-imposed and; therefore, staff
recommends denial of all associated applications with this project.

ISSUES

A Waiver is required to allow no installation of streetlights along the interior private street
required by Title 19.02.240 development standards.
A Waiver is required to allow a 187-foot external intersection offset where 220 feet is the
minimum distance separation required by Title 19.02.140 development standards.
A Variance application is required to allow a connectivity ratio of 1.0 where 1.3 is required
by Title 19.04.040 development standards.
A Variance is required to allow, no amenity zone improvements along Dorrell Lane and
Decatur Boulevard, which are required by Title 19.04 development standards.

ANALYSIS
The applicant has proposed to develop the subject site into a 10-lot single-family residential
subdivision located on the northwest corner of Dorrell Lane and Decatur Boulevard, within an R1 (Single Family Residential) zoning district. The subject site is 1.90-acres and is currently
undeveloped.

JB

VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]


Staff Report Page Two
July 12, 2016 - Planning Commission Meeting

In addition, the applicant has also requested a Waiver (WVR-63585) of Title 19.02 and Variance
(VAR-63584) of Title 19.04 Complete Street development standards; to allow a connectivity
ratio of 1.0 where 1.3 is required, to allow no amenity zone where such is required along Dorrell
Lane and Decatur Boulevard, to allow a 187-foot external intersection offset where 220 feet is
the minimum distance separation required and to allow no streetlights along the proposed interior
private street where such are required.
The existing General Plan land use designation ML (Medium Low Density Residential) has an
allowable density of 8.49 dwelling units per gross acre, which is compatible with the eight
dwellings which are proposed. The proposed lots range in size from 7,088 square feet to 9,252
square feet and exceed the 60-foot minimum lot width required by code. Site access is proposed
from Shady Chestnut Court by way of a 47-foot private street that will serve this site. The
applicant has indicated on the submitted plan that six-foot perimeter screening walls and interior
screening walls will be provided between the proposed lots and surrounding the site, which will
be designed in accordance with Title 19.06.060 development standards. The submitted
north/south and east/west cross section depicts maximum natural grade less than 2% across this
site. Per the Tables in Subdivision Code 19.06.050 a development with natural slope less than
2%, is allowed a maximum 4-foot retaining wall. No retaining walls are shown in the cross
sections.
The Clark County School District was provided an opportunity to comment on the proposed
development. However, no comments were received that indicated either a favorable or
unfavorable review of the proposed residential project.
The City is currently working on building complete streets throughout the City. No unique or
extraordinary evidence has been presented to warrant the requested Waiver and Variance. As
such, the hardship is self-imposed and; therefore, staff recommends denial of all associated
applications with this project.

FINDINGS (VAR-63584)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council,
in considering the merits of a Variance request, shall not grant a Variance in order to:
1.
2.
3.

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

JB

VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]


Staff Report Page Three
July 12, 2016 - Planning Commission Meeting

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 construct the required improvements
associated with the rights-of-way within the subject site. In view of the absence of any hardships
imposed by the sites physical characteristics, it is concluded that the applicants hardship is
preferential in nature, and it is thereby outside the realm of NRS Chapter 278 for granting of
Variances.

FINDINGS (WVR-63585)
No substantial evidence has been presented to warrant the requested Waiver of Title 19.02 to
allow no streetlights along the proposed interior private street and to allow a 187-foot external
intersection offset where 220 feet is the minimum distance separation allowed, staff recommends
denial of the request with conditions.

FINDINGS (TMP-63586)
The proposed Tentative Map conforms to Nevada Revised Statute, however the applicant has
requested a Waiver (WVR-63584) of Title 19.02.240 and Variance (VAR-63585) of Title
19.04.220 Complete Street development standards to allow a connectivity ratio of 1.0 where 1.3
is required, to allow no amenity zone where such is required along Dorrell Lane and Decatur
Boulevard, to allow a 187-foot external intersection offset where 220 feet is the minimum
distance separation required and to allow no streetlights along the proposed interior private street
where such are required. Therefore, staff recommends denial with conditions.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Board of City Commissioners approved an Annexation (A-0003-64)
05/12/64
request of 5,000 acres generally located north of Lone Mountain Road and
west of Decatur Boulevard with an effective date of 05/20/64.

JB

VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]


Staff Report Page Four
July 12, 2016 - Planning Commission Meeting

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


The City Council approved a request for a Rezoning (ZON-61791) from R-E
(Residence Estates) to R-1 (Single Family Residential) at the northwest corner
01/20/16
of Dorrell Lane and Decatur Boulevard. The Planning Commission and staff
recommended approval.
The Planning Commission voted [7-0] to hold VAR-63584, WVR-63585 and
04/12/16
TMP-63586 in abeyance to the May 10, 2016 Planning Commission meeting.
The Planning Commission voted [4-0] to hold VAR-63584, WVR-63585 and
05/10/16
TMP-63586 in abeyance to the June 14, 2016 Planning Commission meeting.
The Planning Commission voted [6-0] to hold VAR-63584, WVR-63585 and
06/14/16
TMP-63586 in abeyance to the July 12, 2016 Planning Commission meeting.

Most Recent Change of Ownership


06/21/05
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no related Building Permits or Business Licenses associated with this property

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the submittal
02/23/16
requirements for a Waiver, Variance and Tentative Map applications; for a
proposed eight-lot residential subdivision.

Neighborhood Meeting
Meeting Start Time: 6:00 p.m.
Meeting End Time: 8:30 p.m.
Attendance:

05/03/16

27 Members of the Public


2 Applicant Representatives
1 Council Staff Member
1 Planning Staff Member

Concerns:
The surrounding neighbors strongly oppose the proposed density of
the development.
o The developer representative indicated that the proposed
development meets the current density of the General Plan.

JB

VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]


Staff Report Page Five
July 12, 2016 - Planning Commission Meeting

Neighborhood Meeting
The concern of the neighbors is that the develop standards of the
previous approved entitlements were not met.
o The developer representative explained that the previous
entitlements has expired and not valid.
The neighbors preferred larger lots abutting existing R-E lots to serve
as buffers along the (Donald III), and along Dorrell Lane in (Donald
I).
The neighbors expressed that the previous Rezoning has expired and
that the property zoning should have reverted back to its original
zoning and no extension of time applied.
o The developer representative explained Ordinance #6046 that
the Resolution of Intent (ROI), properties including the
proposed development are included in this ordinance which
was hard zone to R-1.
Neighbors are concerned about the perimeter wall along Unicorn
Street, does not want to stare at the wall.
Neighbors are concerned about traffic accidents on the Dorrell Lane
and Decatur Boulevard intersections.
Neighbors indicated that the lots fronting Dorrell Lane could be
dangerous and potential accidents occurring as cars from those lots
will back out onto the street.
Neighbors claimed that the proposed development does not meet the intent of
the Rural Neighborhood Preservation.

Field Check
03/03/16

During a routine site inspection staff observed that the subject site was an
undeveloped parcel of land with high weeds and shrubs.

Details of Application Request


Site Area
Net Acres
1.90

Surrounding
Property
Subject Property

Existing Land Use


Per Title 19.12
Undeveloped

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

Existing Zoning District


R-1 (Single Family
Residential)

JB

VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]


Staff Report Page Six
July 12, 2016 - Planning Commission Meeting

Surrounding
Property

Existing Land Use


Per Title 19.12
Single-Family
Residential

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

South

Single-Family
Residential

ML (Medium Low
Density Residential)

East

Undeveloped

West

Undeveloped

North

Public North Las


Vegas
ML (Medium Low
Density Residential)

Existing Zoning District


R-E (Residence Estates)
R-PD6 (Residential
Planned Development 6
Units per Acre)
O-L (Open Land) North
Las Vegas
R-E (Residence Estates)

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
N/A

DEVELOPMENT STANDARDS
Pursuant to Title 19.06.070 development standards, the following standards apply:
Existing Zoning
Permitted Density
Units Allowed
Units Provided
R-1 (Single Family
8.49 du/ac
16
8
Residential)
Standard
Min. Setbacks:
Front
Side
Rear
Corner
Maximum Height

Required/Allowed

Provided

Compliance

20 Feet
5 Feet
15 Feet
15 Feet
35 Feet

20 Feet
5 Feet
15 Feet
15 Feet
N/A

Y
Y
Y
Y
N/A

JB

VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]


Staff Report Page Seven
July 12, 2016 - Planning Commission Meeting

Street Name

Functional
Classification of
Street(s)

Governing Document

Master Plan of Streets &


Highways
Master Plan of Streets &
Dorrell Lane
Minor Collector
Highways
*See note on Streetscape Standards Table below
Decatur Boulevard

Parkway Arterial

Actual
Street Width
(Feet)

Compliance
with Street
Section

120

N*

60

N*

19.04.040 Connectivity
Transportation Network Element
# Links
# Nodes
Internal Street
1
Intersection Internal
0
Cul-de-sac Terminus
1
Intersection External Street or Stub Terminus
0
Intersection Stub Terminus w/ Temporary Turn Around
0
Easements
Non-Vehicular Path - Unrestricted
0
Total
1
1
Required
Provided
Connectivity Ratio (Links / Nodes):
1.30
1.00*
*The applicant has requested a Variance (VAR-63584) to allow a connectivity ratio of 1.0 where
1.3 is required by Title 19.04.040 development standards.
Pursuant to Title 19.02 and 19.04, the following standards apply:
Streetscape Standards
Required
Provided
Compliance
120-foot wide right-of120-foot wide right-ofway, including amenity
way with sidewalk,
Decatur Boulevard
N*
zone, sidewalk and
streetlights and no
streetlights
amenity zone
60-foot wide right-of60-foot wide right-ofway, including amenity
way with sidewalk,
Dorrell Lane
N*
zone, sidewalk and
streetlights and no
streetlights
amenity zone
47-foot wide right-of47-foot wide right-ofShady Chestnut Court
way, including amenity
way, sidewalk, amenity
N*
(private street)
zone, sidewalk and
zone and no streetlights
streetlights
*The applicant has a requested a Variance (VAR-63584) and Waiver (WVR-63585) to waive
Title 19.02 improvement requirements and 19.04 complete street development standards to
install no amenity zone along Decatur Boulevard and Dorrell Lane; and no streetlights on the
proposed private drive Shady Chestnut Court which provides access to the subject site.
JB

VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]


Staff Report Page Eight
July 12, 2016 - Planning Commission Meeting

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Single-Family
2 spaces
8 du
16
Detached
per du
16
16
Y
TOTAL SPACES REQUIRED
16
0
16
0
Y
Regular and Handicap Spaces Required

JB

VAR-63584

VAR-63584

VAR-63584, WVR-63585 and TMP-63586

VAR-63584, WVR-63585 and TMP-63586

VAR-63584, WVR-63585 and TMP-63586

VAR-63584, WVR-63585 and TMP-63586

VAR-63584, WVR-63585 and TMP-63586

VAR-63584 [PRJ-63482] - VARIANCE RELATED TO WVR-63585 AND TMP-63586 - APPLICANT: DR


HORTON - OWNER: R M H TRUST
NORTHWEST CORNER OF DORRELL LANE AND DECATUR BOULEVARD
03/03/16

VAR-63584 [PRJ-63482] - VARIANCE RELATED TO WVR-63585 AND TMP-63586 - APPLICANT: DR


HORTON - OWNER: R M H TRUST
NORTHWEST CORNER OF DORRELL LANE AND DECATUR BOULEVARD
03/03/16

VAR-63584 [PRJ-63482] - VARIANCE RELATED TO WVR-63585 AND TMP-63586 - APPLICANT: DR


HORTON - OWNER: R M H TRUST
NORTHWEST CORNER OF DORRELL LANE AND DECATUR BOULEVARD
03/03/16

VAR-63584, WVR-63585 and TMP-63586

VAR-63584, WVR-63585 and TMP-63586

Agenda Item No.: 37.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ABEYANCE - WVR-63585 - WAIVER RELATED TO VAR-63584 - PUBLIC HEARING APPLICANT: DR HORTON - OWNER: R M H TRUST - For possible action on a request for a
Waiver TO ALLOW A 187-FOOT EXTERNAL INTERSECTION OFFSET WHERE 220
FEET IS THE MINIMUM DISTANCE SEPARATION REQUIRED AND TO ALLOW NO
INTERIOR STREETLIGHTS WHERE SUCH ARE REQUIRED FOR A PROPOSED
RESIDENTIAL SUBDIVISION on 1.90 acres at the northwest corner of Dorrell Lane and
Decatur Boulevard (APN 125-24-503-020), R-1 (Single Family Residential) Zone, Ward 6
(Ross) [PRJ-63482]. Staff recommends DENIAL.
C.C.: 8/17/2016
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.

WVR-63585

WVR-63585

Agenda Item No.: 38.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ABEYANCE - TMP-63586 - TENTATIVE MAP RELATED TO VAR-63584 AND WVR63585 - DECATUR & DONALD II - PUBLIC HEARING - APPLICANT: DR HORTON OWNER: R M H TRUST - For possible action on a request for a Tentative Map FOR AN
EIGHT-LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION on 1.90 acres at the northwest
corner of Dorrell Lane and Decatur Boulevard (APN 125-24-503-020), R-1 (Single Family
Residential) Zone, Ward 6 (Ross) [PRJ-63482]. Staff recommends DENIAL.
C.C.: 8/17/2016
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/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.

TMP-63586

TMP-63586

TMP-63586

TMP-63586

TMP-63586

TMP-63586

TMP-63586

TMP-63586

TMP-63586

TMP-63586

TMP-63586

TMP 63586
DR Horton

NWC Dorrell Lane & Decatur Boulevard


Proposed 8 single family unit residential development.
Proposed Use
Average Daily Traffic (ADT)
AM Peak Hour

9.57
SINGLE FAMILY DETACHED [DWELL]

PM Peak Hour

0.75
1.01

77
6
8

Existing traffic on nearby streets:


Decatur Boulevard
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

18,067
1,445

Elkhorn Road
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

7,077
566

Traffic Capacity of adjacent streets:


Decatur Boulevard
Elkhorn Road

Adjacent Street ADT Capacity


34,500
34,500

This project will add approximately 77 trips per day on Donald Rd., Dorrell Ln., Decatur Blvd. and Elkhorn Rd. Decatur is
currently at about 52 percent of capacity and Elkhorn is at about 21 percent of capacity. After this project, Decatur is
expected to be at about 53 percent of capacity and Elkhorn unchanged. Counts are not available in this area for Donald or
Dorrell, but they are believed to be under capacity.
Based on Peak Hour use, this development will add into the area roughly 8 additional cars, or about two every fifteen
minutes.
Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 39.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ABEYANCE - VAR-63577 - VARIANCE - PUBLIC HEARING - APPLICANT: DR
HORTON - OWNER: LEXINGTON PARTNERS LLC, ET AL - For possible action on a
request for a Variance TO ALLOW NO AMENITY ZONE WHERE SUCH IS REQUIRED
FOR A PROPOSED RESIDENTIAL SUBDIVISION on 11.86 acres adjacent to the north side
of Dorrell Lane, approximately 425 feet west of Decatur Boulevard (APNs Multiple), R-1
(Single Family Residential) Zone, Ward 6 (Ross) [PRJ-63479]. Staff recommends DENIAL.
C.C.: 8/17/2016
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-63577, WVR-63579 and TMP-63589 [PRJ-63483]
2. Conditions and Staff Report - VAR-63577, WVR-63579 and TMP-63589 [PRJ-63483]
3. Supporting Documentation - VAR-63577, WVR-63579 and TMP-63589 [PRJ-63483]
4. Photo(s) - VAR-63577, WVR-63579 and TMP-63589 [PRJ-63483]
5. Justification Letter - VAR-63577, WVR-63579 and TMP-63589 [PRJ-63483]
6. Telephone Protest/Support Log for VAR-63577, WVR-63579 and TMP-63580 [PRJ-63479]
and Protest/Support Postcards for VAR-63577 and WVR-63579 [PRJ-63479]
7. Release Letter from DR Horton - VAR-63577, WVR-63579 and TMP-63580 [PRJ-63479]

VAR-63577, WVR-63579 and TMP-63580 [PRJ-63479]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JUNE 14, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: DR HORTON - OWNER: LEXINGTON
PARTNERS LLC, ET AL

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-63577
WVR-63579
TMP-63580

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

REQUIRED FOR
APPROVAL

VAR-63577
VAR-63577
WVR-63579

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

24 - VAR-63577
13 - WVR-63579 and TMP-63580

NOTICES MAILED

414 - VAR-63577 and WVR-63579


414 - TMP-63580

APPROVALS

4 - VAR-63577 and WVR-63579


3 - TMP-63580

PROTESTS

8 - VAR-63577 and WVR-63579


7 - TMP-63580

JB

VAR-63577, WVR-63579 and TMP-63580 [PRJ-63479]


Conditions Page One
June 14, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-63577 CONDITIONS
Planning
1.

This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.

2.

All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.

3.

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

4.

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

WVR-63579 CONDITIONS
Planning
1.

This approval shall be void two (2) years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.

2.

All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.

3.

A Waiver from of Title 19.02.240 to allow no street lighting along proposed interior private
streets where such is required is approved.

4.

A Waiver from of Title 19.02.140 to allow a 154-foot external intersection offset where
220 feet is the minimum distance separation required is approved.
JB

VAR-63577, WVR-63579 and TMP-63580 [PRJ-63479]


Conditions Page Two
June 14, 2016 - Planning Commission Meeting

5.

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

6.

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

TMP-63580 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Variance (VAR-63577)


and Waiver (WVR-63579) shall be required, if approved.

2.

Approval of the Tentative Map shall be for no more than four (4) years. If a Final Map is
not recorded on all or a portion of the area embraced by the Tentative Map with four (4)
years of the approval of the Tentative Map, this action is void.

3.

Street names must be provided in accordance with the City of Las Vegas Street Naming
and Address Assignment Regulations, 2009 Edition.

4.

A fully operational fire protection system, including fire apparatus roads, fire hydrants and
water supply, shall be installed and shall be functioning prior to construction of any
combustible structures.

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.

JB

VAR-63577, WVR-63579 and TMP-63580 [PRJ-63479]


Conditions Page Three
June 14, 2016 - Planning Commission Meeting

6.

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

Public Works
7.

Construct half-street improvements on Dorrell Lane and all incomplete half-street


improvements on Donald Road adjacent to this site. All existing paving damaged or
removed by this development shall be restored at its original location and to its original
width concurrent with development of this site. The sidewalks along Dorrell Lane shall
meet current American with Disabilities Act (ADA) requirements. Additionally,
coordinate the construction of widened pavement adjacent to Assessor Parcel Number
#125-24-503-012 between this site and the Donald & Decatur II site (TMP-63586).

8.

The private streets for this site must be granted as a Public Utility Easement, Public Sewer
Easement, and Public Drainage Easement with private surface maintenance by the
Homeowners Association on the Final Map for this site.

9.

A working sanitary sewer connection shall be in place prior to final inspection of any units
within this development. Full permanent improvements on all major access streets,
including all required landscaped areas between the perimeter wall and adjacent public
street, shall be constructed and accepted by the City prior to issuance of any building
permits beyond 50% of all units within this development. All off-site improvements
adjacent to this site, including all required landscaped areas between the perimeter walls
and adjacent public streets, shall be constructed and accepted prior to issuance of building
permits beyond 75%. The above thresholds notwithstanding, all required improvements
shall be constructed in accordance with Title19.02.130.D.

10.

All landscaping and private improvements installed with this project shall be situated and
maintained so as to not create sight visibility obstructions for vehicular traffic at all
development access drives and abutting street intersections.

11.

A Drainage Plan and Technical Drainage Study must be submitted to and approved by the
Department of Public Works prior to the issuance of any building or grading permits or
submittal of any construction drawings, whichever may occur first. Provide and improve
all drainageways recommended in the approved drainage plan/study. The developer of this
site shall be responsible to construct such neighborhood or local drainage facility
improvements as are recommended by the City of Las Vegas Neighborhood Drainage
Studies and approved Drainage Plan/Study concurrent with development of this site.

12.

As per Unified Development Code (UDC) 19.16.060.G, all requirements must be complied
with or such future compliance must be guaranteed by an approved performance security
method in accordance with UDC sections 19.02.130.C and 19.02.130.E.

JB

VAR-63577, WVR-63579 and TMP-63580 [PRJ-63479]


Conditions Page Four
June 14, 2016 - Planning Commission Meeting

13.

The approval of all Public Works related improvements shown on this Tentative Map is in
concept only. Specific design and construction details relating to size, type and/or
alignment of improvements, including but not limited to street, sewer and drainage
improvements, shall be resolved prior to approval of the construction plans by the City. No
deviations from adopted City Standards shall be allowed unless specific written approval
for such is received from the City Engineer prior to the recordation of a Final Map or the
approval of subdivision-related construction plans, whichever may occur first. Approval of
this Tentative Map does not constitute approval of any deviations. If such approval cannot
be obtained, a revised Tentative Map must be submitted showing elimination of such
deviations.

JB

VAR-63577, WVR-63579 and TMP-63580 [PRJ-63479]


Staff Report Page One
June 14, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Tentative Map for a proposed 57-lot single-family residential subdivision,
comprised of 57 residential lots and five common lots on 11.86-acres undeveloped site located
on the north side of Dorrell Lane, approximately 425 feet west of Decatur Boulevard, within a R1 (Single Family Residential) zoning district.
In addition, the applicant has also requested a Waiver of Title 19.02 and Variance of Title 19.04
Complete Street development standards to allow no amenity zone where such is required along
Dorrell Lane and Donald Road, to allow a 154-foot external intersection offset where 220 feet is
the minimum distance separation required and to allow no streetlights along the proposed interior
private streets where such are required. No unique or extraordinary evidence has been presented
to warrant the requested Waiver and Variance. As such, the hardship is self-imposed and;
therefore, staff recommends denial of all associated applications with this project.

ISSUES

A Waiver is required to allow no installation of streetlights along the proposed interior


private streets by Title 19.02.240 development standards.
A Waiver is required to allow a 154-foot external intersection offset where 220 feet is the
minimum distance separation required by Title 19.02.140 development standards.
A Variance is required to allow no amenity zone improvements and sidewalk along Dorrell
Lane and Donald Road, which are required by Title 19.04 development standards.

ANALYSIS
The applicant has proposed to develop the subject site into a 57-lot single-family residential
subdivision located on the north side of Dorrell Lane, approximately 425 feet west of Decatur
Boulevard, within an R-1 (Single Family Residential) zoning district. The subject site is 11.86acres and is currently undeveloped.
In addition, the applicant has also requested a Waiver (WVR-63579) of Title 19.02 and Variance
(VAR-63577) of Title 19.04 Complete Street development standards; to allow no amenity zone
where such is required along Dorrell Lane and Donald Road, to allow a 154-foot external
intersection offset where 220 feet is the minimum distance separation required and to allow no
streetlights along the proposed interior private streets where such are required.

JB

VAR-63577, WVR-63579 and TMP-63580 [PRJ-63479]


Staff Report Page Two
June 14, 2016 - Planning Commission Meeting

ANALYSIS
The applicant has proposed to develop the subject site into a 57-lot single-family residential
subdivision located on the north side of Dorrell Lane, approximately 425 feet west of Decatur
Boulevard, within an R-1 (Single Family Residential) zoning district. The subject site is 11.86acres and is currently undeveloped.
In addition, the applicant has also requested a Waiver (WVR-63579) of Title 19.02 and Variance
(VAR-63577) of Title 19.04 Complete Street development standards; to allow no amenity zone
where such is required along Dorrell Lane and Donald Road, to allow a 154-foot external
intersection offset where 220 feet is the minimum distance separation required and to allow no
streetlights along the proposed interior private streets where such are required.
The existing General Plan land use designation L (Low Density Residential) has an allowable
density of 5.49 dwelling units per gross acre, which is compatible with the 57 dwellings which
are proposed. The proposed lots range in size from 6,538 square feet to 14,139 square feet and
exceed the 60-foot minimum lot width required by code. Site access is proposed from Cinder
Horse Street, Amber Robin Street and Shady Palms Street by way of 47-foot private streets that
will serve this site. The applicant has indicated on the submitted plan that six-foot perimeter
screening walls and interior screening walls will be provided between the proposed lots and
surrounding the site, which will be designed in accordance with Title 19.06.060 development
standards. The submitted north/south and east/west cross section depicts maximum natural grade
less than 2% across this site. Per the Tables in Subdivision Code 19.06.050 a development with
natural slope less than 2%, is allowed a maximum 4-foot retaining wall. No retaining walls are
shown in the cross sections.
The Clark County School District was provided an opportunity to comment on the proposed
development. However, no comments were received that indicated either a favorable or
unfavorable review of the proposed residential project.
The City is currently working on building complete streets throughout the City. No unique or
extraordinary evidence has been presented to warrant the requested Waiver and Variance. As
such, the hardship is self-imposed and; therefore, staff recommends denial of all associated
applications with this project.

FINDINGS (VAR-63577)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council,
in considering the merits of a Variance request, shall not grant a Variance in order to:
1.
2.
3.

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.
JB

VAR-63577, WVR-63579 and TMP-63580 [PRJ-63479]


Staff Report Page Three
June 14, 2016 - 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 construct the required improvements
associated with the rights-of-way within the subject site. In view of the absence of any hardships
imposed by the sites physical characteristics, it is concluded that the applicants hardship is
preferential in nature, and it is thereby outside the realm of NRS Chapter 278 for granting of
Variances.

FINDINGS (WVR-63579)
No substantial evidence has been presented to warrant the requested Waiver of Title 19.02 to
allow no streetlights along the proposed interior private streets and to allow a 154-foot external
intersection offset where 220 feet is the minimum distance separation allowed, staff recommends
denial of the request with conditions.

FINDINGS (TMP-63580)
The proposed Tentative Map conforms to Nevada Revised Statute, however the applicant has
requested a Waiver (WVR-63579) of Title 19.02 and Variance (VAR-63577) of Title 19.04
Complete Street development standards to allow no amenity zone where such is required along
Dorrell Lane and Donald Road, to allow a 154-foot external intersection offset where 220 feet is
the minimum distance separation required and to allow no streetlights along the proposed interior
private streets where such are required. Therefore, staff recommends denial with conditions.
The existing General Plan land use designation L (Low Density Residential) has an allowable
density of 5.49 dwelling units per gross acre, which is compatible with the 57 dwellings which
are proposed. The proposed lots range in size from 6,538 square feet to 14,139 square feet and
exceed the 60-foot minimum lot width required by code. Site access is proposed from Cinder
Horse Street, Amber Robin Street and Shady Palms Street by way of 47-foot private streets that
will serve this site. The applicant has indicated on the submitted plan that six-foot perimeter

JB

VAR-63577, WVR-63579 and TMP-63580 [PRJ-63479]


Staff Report Page Four
June 14, 2016 - Planning Commission Meeting

screening walls and interior screening walls will be provided between the proposed lots and
surrounding the site, which will be designed in accordance with Title 19.06.060 development
standards. The submitted north/south and east/west cross section depicts maximum natural grade
less than 2% across this site. Per the Tables in Subdivision Code 19.06.050 a development with
natural slope less than 2%, is allowed a maximum 4-foot retaining wall. No retaining walls are
shown in the cross sections.
The Clark County School District was provided an opportunity to comment on the proposed
development. However, no comments were received that indicated either a favorable or
unfavorable review of the proposed residential project.
The City is currently working on building complete streets throughout the City. No unique or
extraordinary evidence has been presented to warrant the requested Waiver and Variance. As
such, the hardship is self-imposed and; therefore, staff recommends denial of all associated
applications with this project.

FINDINGS (VAR-63577)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council,
in considering the merits of a Variance request, shall not grant a Variance in order to:
1.
2.
3.

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 construct the required improvements
associated with the rights-of-way within the subject site. In view of the absence of any hardships
imposed by the sites physical characteristics, it is concluded that the applicants hardship is
preferential in nature, and it is thereby outside the realm of NRS Chapter 278 for granting of
Variances.
JB

VAR-63577, WVR-63579 and TMP-63580 [PRJ-63479]


Staff Report Page Five
June 14, 2016 - Planning Commission Meeting

FINDINGS (WVR-63579)
No substantial evidence has been presented to warrant the requested Waiver of Title 19.02 to
allow no streetlights along the proposed interior private streets and to allow a 154-foot external
intersection offset where 220 feet is the minimum distance separation allowed, staff recommends
denial of the request with conditions.

FINDINGS (TMP-63580)
The proposed Tentative Map conforms to Nevada Revised Statute, however the applicant has
requested a Waiver (WVR-63579) of Title 19.02 and Variance (VAR-63577) of Title 19.04
Complete Street development standards to allow no amenity zone where such is required along
Dorrell Lane and Donald Road, to allow a 154-foot external intersection offset where 220 feet is
the minimum distance separation required and to allow no streetlights along the proposed interior
private streets where such are required. Therefore, staff recommends denial with conditions.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a request for a Rezoning (ZON-2312) from R-E
(Residence Estates) to R-PD3 (Residential Planned Development - 3 Units
Per Acre) on 3.36 acres adjacent to the north side of Dorrelll Lane,
approximately 1,040 feet west of Decatur Boulevard. The Planning
Commission and staff recommended approval.
07/16/03
The City Council approved a request for a Site Development Plan Review
(SDR-2313) for a proposed 10-lot Single Family Development on 3.36 acres
adjacent to the north side of Dorrell Lane, approximately 1,040 feet west of
Decatur Boulevard. The Planning Commission and staff recommended
approval.
The Planning Commission withdrew without prejudice a request for a
Variance (VAR-9585) to allow 31,162 square feet of open space where
11/17/05
51,750 feet is the minimum amount of open space required for a proposed
residential planned development on 12.90 acres on the north side of Dorrell
Lane, approximately 630 feet west of Decatur Boulevard.
The City Council denied a request for a Rezoning (ZON-9367) from R-E
(Residence Estates) and R-E (Residence Estates) under resolution of intent to
R-PD3 (Residential Planned Development - 3 Units per Acre) to: R-PD5
02/15/06
(Residential Planned Development - 5 Units per Acre) on 12.90 acres on the
north side of Dorrell Lane, approximately 630 feet west of Decatur
Boulevard. The Planning Commission recommended approval and staff
recommended denial of the request.
JB

VAR-63577, WVR-63579 and TMP-63580 [PRJ-63479]


Staff Report Page Six
June 14, 2016 - Planning Commission Meeting

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


The City Council denied a request for a Site Development Plan Review
(SDR-9587) for a proposed 72-lot single family residential development on
12.90 acres on the north side of Dorrell Lane, approximately 630 feet west of
Decatur Boulevard. The Planning Commission recommended approval and
staff recommended denial of the request.
The Planning Commission pulled a request for a Tentative Map (TMP-11019)
for a 67-lot single family residential subdivision on 12.9 acres on the north
03/09/06
side of Dorrell Lane, approximately 630 feet west of Decatur Boulevard. The
parent Site Development Plan Review (SDR-9587) was denied at City
Council on 02/15/06.
The City Council approved a request for a General Plan Amendment (GPA12234) to change the land use designation from ML (Medium Low Density
Residential) to L (Low Density Residential) on 12.9 acres adjacent to the
north side of Dorrell Lane, approximately 450 feet west of Decatur
Boulevard. The Planning Commission and staff recommended approval.
The City Council approved a request for a Rezoning (ZON-12235) from R-E
(Residence Estates) and R-E under Resolution of Intent to R-PD3 (Residential
Planned Development 3 Units per Acre) to R-1 (Single Family Residential)
06/07/06
on 12.9 acres adjacent to the north side of Dorrell Lane, approximately 450
feet west of Decatur Boulevard. The Planning Commission and staff
recommended approval.
The City Council approved a request for a Special Use Permit (SUP-12705)
for Private Streets in conjunction with a proposed 64-lot single family
residential development adjacent to the north side of Dorrell Lane,
approximately 450 feet west of Decatur Boulevard. The Planning
Commission and staff recommended approval.
The Planning Commission approved a request for a Tentative Map (TMP14244) for a 64-lot single family residential subdivision on 12.90 acres
07/27/06
adjacent to the north side of Dorrell Lane, approximately 450 feet west of
Decatur Boulevard. Staff recommended approval. The map expired 07/27/08.
The City Council approved approved a request for an Extension of Time
(EOT-27873) for the for the previously approved Special Use Permit (SUP12705) for private streets in conjunction with a proposed 64-lot single family
residential development adjacent to the north side of Dorrell Lane,
approximately 450 feet west of Decatur Boulevard. Staff recommended
approval of the request.
06/04/08
The City Council approved approved a request for an Extension of Time
(EOT-27874) for the previously approved Rezoning (ZON-12235) from R-E
(Residence Estates) to R-1 (Single Family Residential) on 12.9 acres adjacent
to the north side of Dorrell Lane, approximately 450 feet west of Decatur
Boulevard. Staff recommended approval of the request.

JB

VAR-63577, WVR-63579 and TMP-63580 [PRJ-63479]


Staff Report Page Seven
June 14, 2016 - Planning Commission Meeting

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


The Planning Commission approved a request for a Tentative Map (TMP28062) for a proposed 64-lot single-family residential subdivision on 12.90
06/26/08
acres adjacent to the north side of Dorrell Lane, approximately 450 feet west
of Decatur Boulevard. Staff recommended approval of the request.
The Planning Commission approved a request for a Tentative Map (TMP48166) for a 31-lot single family residential subdivision on 7.40 acres
adjacent to the north side of Dorrell Lane, approximately 420 feet west of
Decatur Boulevard. Staff recommended denial of the request.
The Planning Commission struck from the agenda a request for a Variance
03/12/13
(VAR-48169) to allow a minimum lot width of 60 feet where 65 feet is
required, to allow a 10-foot front yard setback on lots 1, 10 and 11 where 20
feet is required and to allow a 10-foot corner side yard setback on lots 1, 24,
25 and 31 where 15 feet is required on 7.40 acres adjacent to the north side of
Dorrell Lane, approximately 420 feet west of Decatur Boulevard. Staff
recommended denial of the request.
The Planning Commission voted [7-0] to hold VAR-63577, WVR-63579 and
04/12/16
TMP-63580 in abeyance to the May 10, 2016 Planning Commission meeting.
The Planning Commission voted [4-0] to hold VAR-63577, WVR-63579 and
05/10/16
TMP-63580 in abeyance to the June 14, 2016 Planning Commission meeting.
The Planning Commission voted [6-0] to hold VAR-63577, WVR-63579 and
06/14/16
TMP-63580 in abeyance to the July 12, 2016 Planning Commission meeting.

Most Recent Change of Ownership


07/19/13
A deed was recorded for a change in ownership. (APN 125-24-503-004)
A deed was recorded for a change in ownership. (APN 125-24-503-011)
10/30/14
A deed was recorded for a change in ownership. (APN 125-24-503-017)
A deed was recorded for a change in ownership. (APNs 125-24-503-008 & 11/03/14
009)
A deed was recorded for a change in ownership. (APNs 125-24-503-001 & 03/10/16
002)

Related Building Permits/Business Licenses


Code Enforcement processed a case (#46694) involving a complaint about
09/28/06
weeds, trash, garbage, debris and dangerous structures on undeveloped
property at 4920 West Dorrell Lane. The case was resolved 10/18/06.

JB

VAR-63577, WVR-63579 and TMP-63580 [PRJ-63479]


Staff Report Page Eight
June 14, 2016 - Planning Commission Meeting

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the submittal
02/23/16
requirements for a Waiver, Variance and Tentative Map applications; for a
proposed 57-lot residential subdivision.

Neighborhood Meeting
Meeting Start Time: 6:00 p.m.
Meeting End Time: 8:30 p.m.
Attendance:

05/03/2016

27 Members of the Public


2 Applicant Representatives
1 Council Staff Member
1 Planning Staff Member

Concerns:
The surrounding neighbors strongly oppose the proposed density of the
development.
o The developer representative indicated that the proposed
development meets the current density of the General Plan.
The concern of the neighbors is that the develop standards of the
previous approved entitlements were not met.
o The developer representative explained that the previous
entitlements has expired and not valid.
The neighbors preferred larger lots abutting existing R-E lots to serve
as buffers along the (Donald III), and along Dorrell Lane in (Donald I).
The neighbors expressed that the previous Rezoning has expired and
that the property zoning should have reverted back to its original
zoning and no extension of time applied.
o The developer representative explained Ordinance #6046 that
the Resolution of Intent (ROI), properties including the
proposed development are included in this ordinance which was
hard zone to R-1.
Neighbors are concerned about the perimeter wall along Unicorn
Street, does not want to stare at the wall.
Neighbors are concerned about traffic accidents on the Dorrell Lane
and Decatur Boulevard intersections.
Neighbors indicated that the lots fronting Dorrell Lane could be
dangerous and potential accidents occurring as cars from those lots will
back out onto the street.
Neighbors claimed that the proposed development does not meet the
intent of the Rural Neighborhood Preservation.

JB

VAR-63577, WVR-63579 and TMP-63580 [PRJ-63479]


Staff Report Page Nine
June 14, 2016 - Planning Commission Meeting

Field Check
03/03/16

During a routine site inspection staff observed that the subject site was an
undeveloped parcel of land with high weeds and shrubs. Also, there were
existing concrete building pads remaining from structures that were
previously located on the site.

Details of Application Request


Site Area
Net Acres
11.86
Surrounding
Property

Existing Land Use


Per Title 19.12

Planned or Special
Land Use Designation
L (Low Density
Residential)

Existing Zoning District


R-1 (Single Family
Residential)
R-PD3 (Residential
Planned Development 3
Units per Acre)
R-1 (Single Family
Residential)

Subject Property

Undeveloped

North

Single-Family
Residential

ML (Medium Low
Density Residential)

Single-Family
Residential
Undeveloped /
Single-Family
Residential

ML (Medium Low
Density Residential)
ML (Medium Low
Density Residential)

R-E (Residence Estates)

Single-Family
Residential

ML (Medium Low
Density Residential)

R-PD6 (Residential
Planned Development 6
Units per Acre)

Single-Family
Residential
Single-Family
Residential

ML (Medium Low
Density Residential)
ML (Medium Low
Density Residential)

South

East
West

R-E (Residence Estates)


R-1 (Single Family
Residential)

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

JB

VAR-63577, WVR-63579 and TMP-63580 [PRJ-63479]


Staff Report Page Ten
June 14, 2016 - Planning Commission Meeting

DEVELOPMENT STANDARDS
Pursuant to Title 19.06.070 development standards, the following standards apply:
Existing Zoning
Permitted Density
Units Allowed
Units Provided
R-1 (Single Family
5.49 du/ac
65
57
Residential)

Standard
Min. Setbacks:
Front
Side
Rear
Corner
Maximum Height

Street Name

Required/Allowed

Provided

Compliance

20 Feet
5 Feet
15 Feet
15 Feet
35 Feet

20 Feet
5 Feet
15 Feet
15 Feet
N/A

Y
Y
Y
Y
N/A

Functional
Classification of
Street(s)

Governing Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

60

N*

60

N*

Master Plan of Streets &


Highways
Master Plan of Streets &
Dorrell Lane
Minor Collector
Highways
*See note on Streetscape Standards Table below
Donald Road

Minor Collector

19.04.040 Connectivity
Transportation Network Element
Internal Street
Intersection Internal
Cul-de-sac Terminus
Intersection External Street or Stub Terminus
Intersection Stub Terminus w/ Temporary Turn Around
Easements
Non-Vehicular Path - Unrestricted
Total
Required
Connectivity Ratio (Links / Nodes):
1.30

# Links
4

# Nodes
3
0
0
0

0
4

3
Provided
1.33

JB

VAR-63577, WVR-63579 and TMP-63580 [PRJ-63479]


Staff Report Page Eleven
June 14, 2016 - Planning Commission Meeting

Pursuant to Title 19.02 and 19.04, the following standards apply:


Streetscape Standards
Required
Provided
Compliance
60-foot wide right-of60-foot wide right-ofway, including amenity
way with sidewalk,
Donald Road
N*
zone, sidewalk and
streetlights and no
streetlights
amenity zone
60-foot wide right-of60-foot wide right-ofway, including amenity
way with sidewalk,
Dorrell Lane
N*
zone, sidewalk and
streetlights and no
streetlights
amenity zone
47-foot wide right-of47-foot wide right-ofCinder Horse Street
way, including amenity
way, sidewalk, amenity
N*
(private street)
zone, sidewalk and
zone and no streetlights
streetlights
47-foot wide right-of47-foot wide right-ofAmber Robin Street
way, including amenity
way, sidewalk, amenity
N*
(private street)
zone, sidewalk and
zone and no streetlights
streetlights
47-foot wide right-of47-foot wide right-ofShady Palms Street
way, including amenity
way, sidewalk, amenity
N*
(private street)
zone, sidewalk and
zone and no streetlights
streetlights
*The applicant has a requested a Variance (VAR-63577) and Waiver (WVR-63579) to waive
Title 19.02 improvement requirements and 19.04 complete street development standards to
install no amenity zone along Dorrell Lane and Donald Road; and no streetlights on the three
proposed private drives Cinder Horse Street, Amber Robin Street and Shady Palms Street which
provides access to the subject site.

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Single-Family
2 spaces
57 du
114
Detached
per du
114
114
Y
TOTAL SPACES REQUIRED
114
0
114
0
Y
Regular and Handicap Spaces Required

JB

VAR-63577

VAR-63577

VAR-63577

VAR-63577

VAR-63577

VAR-63577

VAR-63577

VAR-63577, WVR-63588 and TMP-63580

VAR-63577, WVR-63579 and TMP-63580

VAR-63577, WVR-63579 and TMP-63580

VAR-63577, WVR-63579 and TMP-63580

VAR-63577, WVR-63579 and TMP-63580

VAR-63577, WVR-63579 and TMP-63580

VAR-63577 [PRJ-63479] - VARIANCE RELATED TO WVR-63579 AND TMP-63580 - APPLICANT: DR


HORTON - OWNER: LEXINGTON PARTNERS LLC, ET AL
NORTH SIDE OF DORRELL LANE, WEST OF DECATUR BOULEVARD
03/03/16

VAR-63577 [PRJ-63479] - VARIANCE RELATED TO WVR-63579 AND TMP-63580 - APPLICANT: DR


HORTON - OWNER: LEXINGTON PARTNERS LLC, ET AL
NORTH SIDE OF DORRELL LANE, WEST OF DECATUR BOULEVARD
03/03/16

VAR-63577 [PRJ-63479] - VARIANCE RELATED TO WVR-63579 AND TMP-63580 - APPLICANT: DR


HORTON - OWNER: LEXINGTON PARTNERS LLC, ET AL
NORTH SIDE OF DORRELL LANE, WEST OF DECATUR BOULEVARD
03/03/16

VAR-63577 [PRJ-63479] - VARIANCE RELATED TO WVR-63579 AND TMP-63580 - APPLICANT: DR


HORTON - OWNER: LEXINGTON PARTNERS LLC, ET AL
NORTH SIDE OF DORRELL LANE, WEST OF DECATUR BOULEVARD
03/03/16

VAR-63577 [PRJ-63479] - VARIANCE RELATED TO WVR-63579 AND TMP-63580 - APPLICANT: DR


HORTON - OWNER: LEXINGTON PARTNERS LLC, ET AL
NORTH SIDE OF DORRELL LANE, WEST OF DECATUR BOULEVARD
03/03/16

VAR-63577, WVR-63579 and TMP-63580

VAR-63577, WVR-63579 and TMP-63580

Agenda Item No.: 40.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ABEYANCE - WVR-63579 - WAIVER RELATED TO VAR-63577 - PUBLIC HEARING APPLICANT: DR HORTON - OWNER: LEXINGTON PARTNERS LLC, ET AL - For
possible action on a request for a Waiver TO ALLOW A 154-FOOT EXTERNAL
INTERSECTION OFFSET WHERE 220 FEET IS THE MINIMUM DISTANCE
SEPARATION REQUIRED AND TO ALLOW NO INTERIOR STREETLIGHTS WHERE
SUCH ARE REQUIRED FOR A PROPOSED RESIDENTIAL SUBDIVISION on 11.86 acres
adjacent to the north side of Dorrell Lane, approximately 425 feet west of Decatur Boulevard
(APNs Multiple), R-1 (Single Family Residential) Zone, Ward 6 (Ross) [PRJ-63479]. Staff
recommends DENIAL.
C.C.: 8/17/2016
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.

WVR-63579

WVR-63579

WVR-63579

WVR-63579

WVR-63579

WVR-63579

WVR-63579

Agenda Item No.: 41.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ABEYANCE - TMP-63580 - TENTATIVE MAP RELATED TO VAR-63577 AND WVR63579 - DECATUR & DONALD I - PUBLIC HEARING - APPLICANT: DR HORTON OWNER: LEXINGTON PARTNERS LLC, ET AL - For possible action on a request for a
Tentative Map FOR A 57-LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION on 11.86
acres adjacent to the north side of Dorrell Lane, approximately 425 feet west of Decatur
Boulevard (APNs Multiple), R-1 (Single Family Residential) Zone, Ward 6 (Ross) [PRJ-63479].
Staff recommends DENIAL.
C.C.: 8/17/2016
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/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.

TMP-63580

TMP-63580

TMP-63580

TMP-63580

TMP-63580

TMP-63580

TMP-63580

TMP-63580

TMP-63580

TMP-63580

TMP-63580

TMP-63580

TMP-63580

TMP-63580

TMP-63580

TMP-63580

TMP 63580
DR Horton

N side of Dorrell Lane, W of Decatur Boulevard


Proposed 57 single family unit residential development.
Proposed Use
Average Daily Traffic (ADT)
AM Peak Hour

9.57
SINGLE FAMILY DETACHED [DWELL]

PM Peak Hour

57

0.75
1.01

545
43
58

Existing traffic on nearby streets:


Decatur Boulevard
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

18,067
1,445

Elkhorn Road
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

7,077
566

Traffic Capacity of adjacent streets:


Decatur Boulevard
Elkhorn Road

Adjacent Street ADT Capacity


34,500
34,500

This project will add approximately 545 trips per day on Donald Rd., Dorrell Ln., Decatur Blvd. and Elkhorn Rd. Decatur is
currently at about 52 percent of capacity and Elkhorn is at about 21 percent of capacity. After this project, Decatur is
expected to be at about 54 percent of capacity and Elkhorn to be at about 22 percent of capacity. Counts are not available
in this area for Donald or Dorrell, but they are believed to be under capacity.
Based on Peak Hour use, this development will add into the area roughly 58 additional cars, or about one every minute.
Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 42.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ABEYANCE - VAR-63587 - VARIANCE - PUBLIC HEARING - APPLICANT: DR
HORTON - OWNER: PRECEDENT PROPERTIES, LLC - For possible action on a request for
a Variance TO ALLOW A CONNECTIVITY RATIO OF 1.0 WHERE 1.3 IS REQUIRED AND
TO ALLOW NO AMENITY ZONE WHERE SUCH IS REQUIRED FOR A PROPOSED
RESIDENTIAL SUBDIVISION on 2.10 acres at the southeast corner of Dorrell Lane and
Unicorn Street (APN 125-24-602-001), R-1 (Single Family Residential) Zone, Ward 6 (Ross)
[PRJ-63483]. Staff recommends DENIAL.
C.C.: 8/17/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

41

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-63587, WVR-63588 and TMP-63589 [PRJ-63483]
2. Conditions and Staff Report - VAR-63587, WVR-63588 and TMP-63589 [PRJ-63483]
3. Supporting Documentation - VAR-63587, WVR-63588 and TMP-63589 [PRJ-63483]
4. Photo(s) - VAR-63587, WVR-63588 and TMP-63589 [PRJ-63483]
5. Justification Letter - VAR-63587, WVR-63588 and TMP-63589 [PRJ-63483]
6. Telephone Protest/Support Log, Protest E-mail and Petition for VAR-63587, WVR-63588
and TMP-63589 [PRJ-63483] and Protest/Support Email and Postcards for VAR-63587 and
WVR-63588 [PRJ-63483]
7. Release Letter from DR Horton - VAR-63587, WVR-63588 and TMP-63589 [PRJ-63483]

VAR-63587, WVR-63588 and TMP-63589 [PRJ-63483]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY 12, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: DR HORTON - OWNER: PRECEDENT
PROPERTIES, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-63587
WVR-63588
TMP-63589

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

REQUIRED FOR
APPROVAL

VAR-63587
VAR-63584
WVR-63588

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

23

NOTICES MAILED

235 - VAR-63587 and WVR-63588


235 - TMP-63589

APPROVALS

4 - VAR-63587 and WVR-63588


4 - TMP-63589

PROTESTS

41 - VAR-63587
33 - WVR-63588
38 - TMP-63589

JB

VAR-63587, WVR-63588 and TMP-63589 [PRJ-63483]


Conditions Page One
July 12, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-63587 CONDITIONS
Planning
1.

This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.

2.

All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.

3.

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

4.

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

WVR-63588 CONDITIONS
Planning
1.

This approval shall be void two (2) years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.

2.

All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.

3.

A Waiver from of Title 19.02.240 to allow no street lighting along the proposed interior
private street where such is required is approved.

4.

A Waiver from of Title 19.02.140 to allow a 183-foot external intersection offset where
220 feet is the minimum distance separation required is approved.

JB

VAR-63587, WVR-63588 and TMP-63589 [PRJ-63483]


Conditions Page Two
July 12, 2016 - Planning Commission Meeting

5.

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

6.

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

TMP-63589 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Variance (VAR-63587)


and Waiver (WVR-63588) shall be required, if approved.

2.

Approval of the Tentative Map shall be for no more than four (4) years. If a Final Map is
not recorded on all or a portion of the area embraced by the Tentative Map with four (4)
years of the approval of the Tentative Map, this action is void.

3.

Street names must be provided in accordance with the City of Las Vegas Street Naming
and Address Assignment Regulations, 2009 Edition.

4.

A fully operational fire protection system, including fire apparatus roads, fire hydrants and
water supply, shall be installed and shall be functioning prior to construction of any
combustible structures.

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.

JB

VAR-63587, WVR-63588 and TMP-63589 [PRJ-63483]


Conditions Page Three
July 12, 2016 - Planning Commission Meeting

6.

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

Public Works
7.

Dedicate an additional 5-feet of right-of-way for a total radius of 15-feet on the southeast
corner of Dorrell Lane and Unicorn Street on the Final Map for this site.

8.

Construct all half-street improvements on Dorrell Lane and Unicorn Street adjacent to this
site. All existing paving damaged or removed by this development shall be restored at its
original location and to its original width concurrent with development of this site.

9.

The private street for this site must be granted as a Public Utility Easement, Public Sewer
Easement, and Public Drainage Easement with private surface maintenance by the
Homeowners Association on the Final Map for this site.

10.

A working sanitary sewer connection shall be in place prior to final inspection of any units
within this development. Full permanent improvements on all major access streets,
including all required landscaped areas between the perimeter wall and adjacent public
street, shall be constructed and accepted by the City prior to issuance of any building
permits beyond 50% of all units within this development. All off-site improvements
adjacent to this site, including all required landscaped areas between the perimeter walls
and adjacent public streets, shall be constructed and accepted prior to issuance of building
permits beyond 75%. The above thresholds notwithstanding, all required improvements
shall be constructed in accordance with Title19.02.130.D.

11.

All landscaping and private improvements installed with this project shall be situated and
maintained so as to not create sight visibility obstructions for vehicular traffic at all
development access drives and abutting street intersections.

12.

A Drainage Plan and Technical Drainage Study must be submitted to and approved by the
Department of Public Works prior to the issuance of any building or grading permits or
submittal of any construction drawings, whichever may occur first. Provide and improve
all drainageways recommended in the approved drainage plan/study. The developer of this
site shall be responsible to construct such neighborhood or local drainage facility
improvements as are recommended by the City of Las Vegas Neighborhood Drainage
Studies and approved Drainage Plan/Study concurrent with development of this site.

13.

As per Unified Development Code (UDC) 19.16.060.G, all requirements must be complied
with or such future compliance must be guaranteed by an approved performance security
method in accordance with UDC sections 19.02.130.C and 19.02.130.E.

JB

VAR-63587, WVR-63588 and TMP-63589 [PRJ-63483]


Conditions Page Four
July 12, 2016 - Planning Commission Meeting

14.

The approval of all Public Works related improvements shown on this Tentative Map is in
concept only. Specific design and construction details relating to size, type and/or
alignment of improvements, including but not limited to street, sewer and drainage
improvements, shall be resolved prior to approval of the construction plans by the City. No
deviations from adopted City Standards shall be allowed unless specific written approval
for such is received from the City Engineer prior to the recordation of a Final Map or the
approval of subdivision-related construction plans, whichever may occur first. Approval of
this Tentative Map does not constitute approval of any deviations. If such approval cannot
be obtained, a revised Tentative Map must be submitted showing elimination of such
deviations.

JB

VAR-63587, WVR-63588 and TMP-63589 [PRJ-63483]


Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Tentative Map for a proposed eight-lot single-family residential
subdivision, comprised of eight residential lots and two common lots on a 2.10-acre undeveloped
site located on the southeast corner of Dorrell Lane and Unicorn Street, within a R-1 (Single
Family Residential) zoning district.
In addition, the applicant has also requested a Waiver of Title 19.02 and Variance of Title 19.04
Complete Street development standards; to allow a connectivity ratio of 1.0 where 1.3 is
required, to allow no amenity zone where such is required along Dorrell Lane and Unicorn
Street, to allow a 183-foot external intersection offset where 220 feet is the minimum distance
separation required and to allow no streetlights along the proposed interior private street where
such are required. No unique or extraordinary evidence has been presented to warrant the
requested Waiver and Variance. As such, the hardship is self-imposed and; therefore, staff
recommends denial of all associated applications with this project.

ISSUES

A Waiver is required to allow no installation of streetlights along the proposed interior


private street required by Title 19.02.240 development standards.
A Waiver is required to allow a 183-foot external intersection offset where 220 feet is the
minimum distance separation required by Title 19.02.140 development standards.
A Variance application is required to allow a connectivity ratio of 1.0 where 1.3 is required
by Title 19.04.040 development standards.
A Variance is required to allow, no amenity zone improvements and sidewalk along Dorrell
Lane and Unicorn Street, which are required by Title 19.04 development standards.

ANALYSIS
The applicant has proposed to develop the subject site into a 10-lot single-family residential
subdivision located on the southeast corner of Dorrell Lane and Unicorn Street, within an R-1
(Single Family Residential) zoning district. The subject site is 2.10-acres and is currently
undeveloped.
In addition, the applicant has also requested a Waiver (WVR-63588) of Title 19.02 and Variance
(VAR-63587) of Title 19.04 Complete Street development standards; to allow a connectivity
ratio of 1.0 where 1.3 is required, to allow no amenity zone where such is required along Dorrell

JB

VAR-63587, WVR-63588 and TMP-63589 [PRJ-63483]


Staff Report Page Two
July 12, 2016 - Planning Commission Meeting

Lane and Unicorn Street, to allow a 183-foot external intersection offset where 220 feet is the
minimum distance separation required and to allow no streetlights along the proposed interior
private street where such are required.
The existing General Plan land use designation ML (Medium Low Density Residential) has an
allowable density of 8.49 dwelling units per gross acre, which is compatible with the eight
dwellings which are proposed. The proposed lots range in size from 8,268 square feet to 10,898
square feet and exceed the 60-foot minimum lot width required by code. Site access is proposed
from Cinder Crow Court by way of a 47-foot private street that will serve this site. The applicant
has indicated on the submitted plan that six-foot perimeter screening walls and interior screening
walls will be provided between the proposed lots and surrounding the site, which will be
designed in accordance with Title 19.06.060 development standards. The submitted north/south
and east/west cross section depicts maximum natural grade less than 2% across this site. Per the
Tables in Subdivision Code 19.06.050 a development with natural slope less than 2%, is allowed
a maximum 4-foot retaining wall. No retaining walls are shown in the cross sections.
The Clark County School District was provided an opportunity to comment on the proposed
development. However, no comments were received that indicated either a favorable or
unfavorable review of the proposed residential project.
The City is currently working on building complete streets throughout the City. No unique or
extraordinary evidence has been presented to warrant the requested Waiver and Variance. As
such, the hardship is self-imposed and; therefore, staff recommends denial of all associated
applications with this project.

FINDINGS (VAR-63587)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council,
in considering the merits of a Variance request, shall not grant a Variance in order to:
1.
2.
3.

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

JB

VAR-63587, WVR-63588 and TMP-63589 [PRJ-63483]


Staff Report Page Three
July 12, 2016 - 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.
No evidence of a unique or extraordinary circumstance has been presented, in that the applicant
has created a self-imposed hardship by proposing to not construct the required improvements
associated with the rights-of-way within the subject site. In view of the absence of any hardships
imposed by the sites physical characteristics, it is concluded that the applicants hardship is
preferential in nature, and it is thereby outside the realm of NRS Chapter 278 for granting of
Variances.

FINDINGS (WVR-63588)
No substantial evidence has been presented to warrant the requested Waiver of Title 19.02 to
allow no streetlights along the proposed interior private street and to allow a 187-foot external
intersection offset where 220 feet is the minimum distance separation allowed, staff recommends
denial of the request with conditions.

FINDINGS (TMP-63589)
The proposed Tentative Map conforms to Nevada Revised Statute, however the applicant has
requested a Waiver (WVR-63588) of Title 19.02 and Variance (VAR-63587) of Title 19.04
Complete Street development standards to allow a connectivity ratio of 1.0 where 1.3 is required,
to allow no amenity zone where such is required along Dorrell Lane and Unicorn Street, to allow
a 183-foot external intersection offset where 220 feet is the minimum distance separation
required and to allow no streetlights along the proposed interior private street where such are
required. Therefore, staff recommends denial with conditions.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Planning Commission denied a request for a Rezoning (ZON-4215) from
R-E (Residence Estates) to R-2 (Medium-Low Density Residential) adjacent
06/10/04
to the southeast corner of Dorrell Lane and Unicorn Street. Staff
recommended denial of the request.
The City Council approved a request for a Rezoning (ZON-4215) from R-E
(Residence Estates) to R-1 (Single Family Residential) adjacent to the
07/07/04
southeast corner of Dorrell Lane and Unicorn Street. The Planning
Commission and staff recommended denial of the request.
JB

VAR-63587, WVR-63588 and TMP-63589 [PRJ-63483]


Staff Report Page Four
July 12, 2016 - Planning Commission Meeting

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


The Planning Commission approved a request for a Special Use Permit (SUP13209) to allow a 40-foot wide private street for a proposed eight-lot single
06/08/06
family residential development on the southeast corner of Dorrell Lane and
Unicorn Street. Staff recommended denial of the request.
The City Council approved a request for a Special Use Permit (SUP-13209) to
allow a 40-foot wide private street for a proposed eight-lot single family
07/12/06
residential development on the southeast corner of Dorrell Lane and Unicorn
Street. The Planning Commission recommended approval and Staff
recommended denial of the request.
The Planning Commission approved a request for a Tentative Map (TMP13210) for an eight-lot single-family residential subdivision at the southeast
07/27/06
corner of Dorrell Lane and Unicorn Street. Staff recommended denial of the
request.
The City Council approved a request for a Review of Condition (ROC-19029)
Number 8 from an approved Rezoning (ZON-4215) to allow the deferral of
street light installation on Unicorn Street and Dorrell Lane where it was
previously required for a proposed residential development adjacent to the
southeast corner of Dorrell Lane and Unicorn Street. Staff recommended
approval of the request.
02/21/07
The City Council approved a request for a Reinstatement and Extension of
Time (EOT-19030) of an approved Rezoning (ZON-4215) from R-E
(Residence Estates) to R-1 (Single Family Residential) adjacent to the
southeast corner of Dorrell Lane and Unicorn Street. Staff recommended
approval of the request.
The Planning Commission voted [7-0] to hold VAR-63587, WVR-63588 and
04/12/16
TMP-63589 in abeyance to the May 10, 2016 Planning Commission meeting.
The Planning Commission voted [4-0] to hold VAR-63587, WVR-63588 and
05/10/16
TMP-63589 in abeyance to the June 14, 2016 Planning Commission meeting.
The Planning Commission voted [6-0] to hold VAR-63587, WVR-63588 and
06/14/16
TMP-63589 in abeyance to the July 12, 2016 Planning Commission meeting.
Most Recent Change of Ownership
06/21/05
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
A Code Enforcement case (#43769) was processed for an abandoned truck on
06/26/06
property located at 5201 West Dorrell Lane. The case was resolved on
07/13/06.
A Code Enforcement case (#83083) was processed for an abandoned truck on
10/14/09
property located at 5201 West Dorrell Lane. The case was resolved on
10/29/09.
JB

VAR-63587, WVR-63588 and TMP-63589 [PRJ-63483]


Staff Report Page Five
July 12, 2016 - Planning Commission Meeting

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the submittal
02/23/16
requirements for a Waiver, Variance and Tentative Map applications; for a
proposed eight-lot residential subdivision.

Neighborhood Meeting
Meeting Start Time: 6:00 p.m.
Meeting End Time: 8:30 p.m.
Attendance:

05/03/2016

27 Members of the Public


2 Applicant Representatives
1 Council Staff Member
1 Planning Staff Member

Concerns:
The surrounding neighbors strongly oppose the proposed density of the
development.
o The developer representative indicated that the proposed
development meets the current density of the General Plan.
The concern of the neighbors is that the develop standards of the
previous approved entitlements were not met.
o The developer representative explained that the previous
entitlements has expired and not valid.
The neighbors preferred larger lots abutting existing R-E lots to serve
as buffers along the (Donald III), and along Dorrell Lane in (Donald I).
The neighbors expressed that the previous Rezoning has expired and
that the property zoning should have reverted back to its original
zoning and no extension of time applied.
o The developer representative explained Ordinance #6046 that
the Resolution of Intent (ROI), properties including the
proposed development are included in this ordinance which was
hard zone to R-1.
Neighbors are concerned about the perimeter wall along Unicorn
Street, does not want to stare at the wall.
Neighbors are concerned about traffic accidents on the Dorrell Lane
and Decatur Boulevard intersections.
Neighbors indicated that the lots fronting Dorrell Lane could be
dangerous and potential accidents occurring as cars from those lots will
back out onto the street.
Neighbors claimed that the proposed development does not meet the
intent of the Rural Neighborhood Preservation.

JB

VAR-63587, WVR-63588 and TMP-63589 [PRJ-63483]


Staff Report Page Six
July 12, 2016 - Planning Commission Meeting

Field Check
03/03/16

During a routine site inspection staff observed that the subject site was an
undeveloped parcel of land with high weeds and shrubs.

Details of Application Request


Site Area
Net Acres
2.10

Surrounding
Property
Subject Property
North
South
East
West

Existing Land Use


Per Title 19.12
Undeveloped
Single-Family
Residential
Single-Family
Residential
Single-Family
Residential
Undeveloped

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-1 (Single Family
Residential)
R-1 (Single Family
Residential)
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

DEVELOPMENT STANDARDS
Pursuant to Title 19.06.070 development standards, the following standards apply:
Existing Zoning
Permitted Density
Units Allowed
Units Provided
R-1 (Single Family
8.49 du/ac
17
8
Residential)

JB

VAR-63587, WVR-63588 and TMP-63589 [PRJ-63483]


Staff Report Page Seven
July 12, 2016 - Planning Commission Meeting

Standard
Min. Setbacks:
Front
Side
Rear
Corner
Maximum Height

Street Name

Required/Allowed

Provided

Compliance

20 Feet
5 Feet
15 Feet
15 Feet
35 Feet

20 Feet
5 Feet
15 Feet
15 Feet
N/A

Y
Y
Y
Y
N/A

Functional
Classification of
Street(s)

Governing Document

Master Plan of Streets &


Highways
Master Plan of Streets &
Dorrell Lane
Minor Collector
Highways
*See note on Streetscape Standards Table below
Unicorn Street

Minor Collector

Actual
Street Width
(Feet)

Compliance
with Street
Section

60

N*

60

N*

19.04.040 Connectivity
Transportation Network Element
# Links
# Nodes
Internal Street
1
Intersection Internal
0
Cul-de-sac Terminus
1
Intersection External Street or Stub Terminus
0
Intersection Stub Terminus w/ Temporary Turn Around
0
Easements
Non-Vehicular Path - Unrestricted
0
Total
1
1
Required
Provided
Connectivity Ratio (Links / Nodes):
1.30
1.00*
*The applicant has requested a Variance (VAR-63587) to allow a connectivity ratio of 1.0 where
1.3 is required by Title 19.04.040 development standards.

JB

VAR-63587, WVR-63588 and TMP-63589 [PRJ-63483]


Staff Report Page Eight
July 12, 2016 - Planning Commission Meeting

Pursuant to Title 19.02 and 19.04, the following standards apply:


Streetscape Standards
Required
Provided
Compliance
60-foot wide right-of60-foot wide right-ofway, including amenity
way with sidewalk,
Unicorn Street
N*
zone, sidewalk and
streetlights and no
streetlights
amenity zone
60-foot wide right-of60-foot wide right-ofway, including amenity
way with sidewalk,
Dorrell Lane
N*
zone, sidewalk and
streetlights and no
streetlights
amenity zone
47-foot wide right-of47-foot wide right-ofCinder Crow Court
way, including amenity
way, sidewalk, amenity
N*
(private street)
zone, sidewalk and
zone and no streetlights
streetlights
*The applicant has a requested a Variance (VAR-63587) and Waiver (WVR-63588) to waive
Title 19.02 improvement requirements and 19.04 complete street development standards to
install no amenity zone along Dorrell Lane and Unicorn Street; and no streetlights on the
proposed private drive Cinder Crow Court which provides access to the subject site.

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Single-Family
2 spaces
8 du
16
Detached
per du
16
16
Y
TOTAL SPACES REQUIRED
16
0
16
0
Y
Regular and Handicap Spaces Required

JB

VAR-63587

VAR-63587

VAR-63587, WVR-63588 and TMP-63589

VAR-63587, WVR-63588 and TMP-63589

VAR-63587, WVR-63588 and TMP-63589

VAR-63587, WVR-63588 and TMP-63589

VAR-63587, WVR-63588 and TMP-63589

VAR-63587 [PRJ-63483] - VARIANCE RELATED TO WVR-63588 AND TMP-63589 - APPLICANT: DR


HORTON - OWNER: PRECEDENT PROPERTIES, LLC
SOUTHEAST CORNER OF DORRELL LANE AND UNICORN STREET
03/03/16

VAR-63587 [PRJ-63483] - VARIANCE RELATED TO WVR-63588 AND TMP-63589 - APPLICANT: DR


HORTON - OWNER: PRECEDENT PROPERTIES, LLC
SOUTHEAST CORNER OF DORRELL LANE AND UNICORN STREET
03/03/16

VAR-63587 [PRJ-63483] - VARIANCE RELATED TO WVR-63588 AND TMP-63589 - APPLICANT: DR


HORTON - OWNER: PRECEDENT PROPERTIES, LLC
SOUTHEAST CORNER OF DORRELL LANE AND UNICORN STREET
03/03/16

VAR-63587, WVR-63588 and TMP-63589

VAR-63587, WVR-63588 and TMP-63589

Agenda Item No.: 43.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ABEYANCE - WVR-63588 - WAIVER RELATED TO VAR-63587 - PUBLIC HEARING APPLICANT: DR HORTON - OWNER: PRECEDENT PROPERTIES, LLC - For possible
action on a request for a Waiver TO ALLOW A 183-FOOT EXTERNAL INTERSECTION
OFFSET WHERE 220 FEET IS THE MINIMUM DISTANCE SEPARATION REQUIRED
AND TO ALLOW NO INTERIOR STREETLIGHTS WHERE SUCH ARE REQUIRED FOR
A PROPOSED RESIDENTIAL SUBDIVISION on 2.10 acres at the southeast corner of Dorrell
Lane and Unicorn Street (APN 125-24-602-001), R-1 (Single Family Residential) Zone, Ward 6
(Ross) [PRJ-63483]. Staff recommends DENIAL.
C.C.: 8/17/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

33

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.

WVR-63588

WVR-63588

Agenda Item No.: 44.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ABEYANCE - TMP-63589 - TENTATIVE MAP RELATED TO VAR-63587 AND WVR63588 - DECATUR & DONALD III - PUBLIC HEARING - APPLICANT: DR HORTON OWNER: PRECEDENT PROPERTIES, LLC - For possible action on a request for a Tentative
Map FOR AN EIGHT-LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION on 2.10 acres
at the southeast corner of Dorrell Lane and Unicorn Street (APN 125-24-602-001), R-1 (Single
Family Residential) Zone, Ward 6 (Ross) [PRJ-63483]. Staff recommends DENIAL.
C.C: 8/17/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

38

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/Support Email and 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.

TMP-63589

TMP-63589

TMP-63589

TMP-63589

TMP-63589

TMP-63589

TMP-63589

TMP-63589

TMP-63589

TMP-63589

TMP 63483
DR Horton

SEC Dorrell Lane & Unicorn Street


Proposed 8 single family unit residential development.
Proposed Use
Average Daily Traffic (ADT)
AM Peak Hour

9.57
SINGLE FAMILY DETACHED [DWELL]

PM Peak Hour

0.75
1.01

77
6
8

Existing traffic on nearby streets:


Bradley Road
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

5,438
435

Deer Springs Way


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

2,719
218

Traffic Capacity of adjacent streets:


Bradley Road
Deer Springs Way

Adjacent Street ADT Capacity


16,300
34,500

This project will add approximately 77 trips per day on Dorrell Ln., Unicorn St., Bradley Rd. and Deer Springs Way.
Bradley is currently at about 33 percent of capacity and Deer Springs is at about 8 percent of capacity. After this project,
Bradley is expected to be at about 34 percent of capacity and Deer Springs unchanged. Counts are not available in this
area for Dorrell or Unicorn, but they are believed to be under capacity.
Based on Peak Hour use, this development will add into the area roughly 8 additional cars, or about two every fifteen
minutes.
Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 45.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ABEYANCE - ZON-63938 - REZONING - PUBLIC HEARING - APPLICANT/OWNER:
RANCHO VERDE APARTMENTS 2015, LLC, ET AL - For possible action on a request for a
Rezoning FROM: R-5 (APARTMENT) TO: R-4 (HIGH DENSITY RESIDENTIAL) on 12.36
acres at 98 South Martin L King Boulevard (APNs 139-28-402-002 and 003), Ward 5 (Barlow)
[PRJ-63937]. Staff recommends APPROVAL.
C.C.: 8/17/2016
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-63938, VAR-63939, VAR-63944 and SDR-63940 [PRJ63937]
2. Conditions and Staff Report - ZON-63938, VAR-63939, VAR-63944 and SDR-63940 [PRJ63937]
3. Supporting Documentation - ZON-63938, VAR-63939, VAR-63944 and SDR-63940 [PRJ63937]
4. Photo(s) - ZON-63938, VAR-63939, VAR-63944 and SDR-63940 [PRJ-63937]
5. Justification Letter - ZON-63938, VAR-63939, VAR-63944 and SDR-63940 [PRJ-63937]
6. Protest emails/postcard - ZON-63938, VAR-63939, VAR-63944 and SDR-63940 [PRJ63937] and Support Postcard - ZON-63938 and VAR-63939 [PRJ-63937]

ZON-63938, VAR-63939, VAR-63944 and SDR-63940 [PRJ-63937]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY 12, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: RANCHO VERDE APARTMENTS 2015,
LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
ZON-63938
VAR-63939
VAR-63944
SDR-63940

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

REQUIRED FOR
APPROVAL
ZON-63938
ZON-63938
ZON-63938
VAR-63939
VAR-63944

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

22

NOTICES MAILED

276 - ZON-63938 and VAR-63939


276 - VAR-63944 and SDR-63940

APPROVALS

1 - ZON-63938 and VAR-63939


0 - VAR-63944 and SDR-63940

PROTESTS

2 - ZON-63938 and VAR-63939


1 - VAR-63944 and SDR-63940

SS

ZON-63938, VAR-63939, VAR-63944 and SDR-63940 [PRJ-63937]


Conditions Page One
July 12, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-63939 CONDITIONS
Planning
1.

Approval of a Rezoning (ZON-63938) and approval and conformance to the Conditions of


Approval for Variance (VAR-63944) and Site Development Plan Review (SDR-63940)
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-63944 CONDITIONS
Planning
1.

Approval of a Rezoning (ZON-63938) and approval and conformance to the Conditions of


Approval for Variance (VAR-63939) and Site Development Plan Review (SDR-63940)
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.

SS

ZON-63938, VAR-63939, VAR-63944 and SDR-63940 [PRJ-63937]


Conditions Page Two
July 12, 2016 - Planning Commission Meeting

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.

SDR-63940 CONDITIONS
Planning
1.

Approval of a Rezoning (ZON-63938) and approval of and conformance to the Conditions


of Approval for Variance (VAR-63939) and Variance (VAR-63944) 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 05/17/16,
landscape plan dated 05/18/16, and building elevations date stamped 03/30/16 and
05/02/16, except as amended by conditions herein.

4.

The trash enclosure shall be constructed, and the mechanical equipment screened in
accordance with Title 19.08.040(E)(4).

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.

7.

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.

SS

ZON-63938, VAR-63939, VAR-63944 and SDR-63940 [PRJ-63937]


Conditions Page Three
July 12, 2016 - Planning Commission Meeting

8.

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.

9.

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.

10.

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.

11.

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

Public Works
12.

Contact the Sanitary Sewer Planning Section of the Department of Public Works at 702229-2179 to discuss requirements to connect to the public sewer in Martin L. King
Boulevard. Comply with the recommendations of the Sanitary Sewer Planning Section.

13.

Contact the City Engineers Office at 702-229-6272 to coordinate the development of this
project with the Project Neon project and any other public improvement projects adjacent
to this site. Comply with the recommendations of the City Engineer.

14.

Meet with the Flood Control Section of the Department of Public Works for assistance with
establishing finished floor elevations and drainage paths for this site prior to submittal of
construction plans, the issuance of any building or grading permits, whichever may occur
first. Provide and improve all drainage ways as recommended.

SS

ZON-63938, VAR-63939, VAR-63944 and SDR-63940 [PRJ-63937]


Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting to add 36 new apartment units to an existing 264-unit apartment
complex at 98 South Martin L. King Boulevard. Two new buildings would replace existing
onsite landscaping and tennis courts on a separate parcel that will eventually be combined with
the larger apartment parcel. As the Unified Development Code no longer supports the R-5
(Apartment) District, the applicant proposes to rezone the two parcels to R-4 (High Density
Residential). The site was originally constructed in 1979 and used a different parking standard at
that time. The additional spaces provided as a result of the addition do not meet current parking
requirements; therefore, a variance is required. In an effort to increase visibility of the complex,
the applicant is also requesting two large wall signs that exceed the allowance of the R-4 (High
Density Residential) District, which requires a second variance. Landscaping will be provided
along the site perimeter.

ISSUES

The R-5 (Apartment) District is not supported by the Unified Development Code (UDC);
therefore, a Rezoning is needed to bring the site (12.36 acres) into compliance with the
current General Plan designation. Staff recommends approval of this request.
A Variance is required to allow fewer additional parking spaces than required for an addition
to a parking impaired development. Staff recommends denial of this request.
A Variance is required to allow two, 120 square-foot wall signs where 50 square feet is the
maximum allowed in the R-4 (High Density Residential) zoning district. Staff recommends
denial of this request.

ANALYSIS
Title 19 requirements apply to the proposed development. It is not located within a master plan
area or overlay district.
The existing apartment complex is parking impaired; that is, it met the parking requirements at
the time it was approved, but no longer conforms to current parking requirements, which are
based on both the number of units and the number of bedrooms in each unit. At the time of
original approval, 1.5 spaces per unit were required. This would have resulted in 54 additional
spaces being required for the new units, rather than the 75 now required. Per Title 19.18.030,
only the additional spaces are required. A total of 37 additional spaces, or approximately one
space per unit for apartments that will contain as many as 96 new bedrooms in total, will be
provided, with no additional space for guests. Staff cannot support such a reduction in parking
facilities when the site can be configured to meet current parking requirements.
SS

ZON-63938, VAR-63939, VAR-63944 and SDR-63940 [PRJ-63937]


Staff Report Page Two
July 12, 2016 - Planning Commission Meeting

The proposed signs are intended to raise the visibility of the apartment complex, as it does not
have frontage on a public street. One of the signs would face the U.S. 95 Freeway, while the
other would face Martin L. King Boulevard. The R-4 (High Density Residential) zoning district
allows as much as 50 square feet per sign for typical advertising needs. The 120 square feet
proposed represents a 140 percent increase in the size, which is too excessive from this area.
Onsite advertising can still be maintained at the allowed 50 square feet. Staff therefore
recommends denial of the signage variance.
The Las Vegas Valley Water District notes that this property is currently served, but the
applicant will be required to pay Southern Nevada Water Authority Regional Connection Fees
for the additional 36 units before the building permit water commitment can be issued.
The Clark County School District projects that approximately nine additional primary and
secondary school students will be generated by the proposed multi-family residential expansion
on this site. All three levels of schools serving the area (Wasden Elementary School, Hyde Park
Middle School and Ed W. Clark High School) are over capacity for the 2015-2016 school year.
In particular, Clark High School is at 116 percent of program capacity.
In a report prepared by the City of Las Vegas Department of Public Works, Transportation
Engineering Division, the proposed project would add approximately 239 trips per day on Martin
L. King Boulevard. Currently, Martin L. King Boulevard is at approximately 86 percent of
capacity, with Bonanza Road being at approximately 58 percent of capacity. Once constructed
and occupied, the proposed project would put Martin L. King Boulevard at approximately 87
percent of capacity with Bonanza Road being unchanged.
The expansion of the existing apartment complex to the parcel to the east is appropriate, as the
tennis courts are deteriorating and not many other uses are suitable for this site. However, the
site in itself should not prevent a newly designed development from meeting current parking and
signage requirements. Staff therefore recommends denial. If denied, the site could not be
developed as proposed.

FINDINGS (ZON-63938)
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 R-4 (High Density Residential) zoning district is compatible with the
existing MXU (Mixed Use) General Plan designation on the parcels constituting the multifamily residential development.

SS

ZON-63938, VAR-63939, VAR-63944 and SDR-63940 [PRJ-63937]


Staff Report Page Three
July 12, 2016 - Planning Commission Meeting

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 uses allowed by the R-4 zoning district, namely high density multi-family residential
uses, are identical to those allowed by the R-5 zoning district.

3.

Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
The Unified Development Code does not support the R-5 (Apartment) zoning district, and
the proposed density of the site falls within R-4 (High Density Residential) requirements.

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 is provided from Martin L. King Boulevard, a 100-foot Primary Arterial by way of
a 24-foot wide cross access easement running along the south side of the development and
adjacent to a retail establishment. These existing facilities are sufficient to meet the
requirements of the R-4 zoning district.

FINDINGS (VAR-63939)
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.Permit a use in a zoning district in which the use is not allowed;
2.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.

SS

ZON-63938, VAR-63939, VAR-63944 and SDR-63940 [PRJ-63937]


Staff Report Page Four
July 12, 2016 - Planning Commission Meeting

The applicant has created a self-imposed hardship by overbuilding the site such that current
parking requirements cannot be met. Reconfiguring the buildings with fewer units 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-63944)
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 wall signs that are at a size inappropriate for
residential areas. A reduction in the size of the signage 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 (SDR-63940)
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;

SS

ZON-63938, VAR-63939, VAR-63944 and SDR-63940 [PRJ-63937]


Staff Report Page Five
July 12, 2016 - Planning Commission Meeting

The subject site is proposed to be overbuilt with the configuration of the two apartment
buildings such that parking requirements cannot be met. Thus, it would not be compatible
with the adjacent 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 apartment building expansion does not meet current Title 19 parking
requirements or signage requirements for the R-4 (High Density Residential) zoning
district.

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
A condition of approval will require remapping to combine the two parcels that make up
this site. Access will remain from Martin L King Boulevard via a cross access easement.
The additional units are expected to generate about 239 additional trips on Martin L King
Boulevard, which should not have a negative impact on neighborhood traffic.

4.

Building and landscape materials are appropriate for the area and for the City;
Building materials (stucco exteriors with tile roofs) are typical for multi-family dwellings
in the area. Landscape materials reflect drought-tolerant species and are appropriately
placed on the site.

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 new building design makes use of balconies to create visual interest. The elevations
show that these buildings will be compatible aesthetically with the existing apartment
buildings and with the residential and commercial development on adjacent parcels.

6.

Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
New construction will be subject to permitting and inspection, thereby safeguarding the
public health, safety and general welfare of the public.

SS

ZON-63938, VAR-63939, VAR-63944 and SDR-63940 [PRJ-63937]


Staff Report Page Six
July 12, 2016 - Planning Commission Meeting

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a Rezoning (Z-0005-63) from R-1 (Single Family
02/14/63
Residential) to R-6 (High Rise Apartment) on this site as part of a larger
application. The Planning Commission recommended approval.
The City Council approved a Rezoning [Z-0028-97(B)] from R-6 (High Rise
Apartment) to R-5 (Apartment) on 11.11 acres at 98 South Martin L. King
05/27/97
Boulevard. The application was brought by the City of Las Vegas, as the
Zoning Code no longer supported the R-6 District. The Planning Commission
and staff recommended approval.
The City Council approved General Plan Amendment (GPA-9219) to change
the Future Land Use designation to Commercial, Mixed Use, Industrial or
05/17/06
Public Facilities on various parcels located within the proposed Las Vegas
Redevelopment Plan area and within the proposed Redevelopment Plan
expansion area. The Planning Commission and staff recommended approval.
Department of Planning staff approved a Minor Site Development Plan
Review (SDR-48204) for the review of development standards for three lots,
02/20/13
including one containing an existing 264-unit multi-family residential
development.
A three-lot Parcel Map (PMP-47237) on 13.56 acres at 98 South Martin L.
04/03/13
King Boulevard was recorded.
Department of Planning staff approved a request (DIR-52283) to register an
12/16/13
11.2-foot tall, 48 square-foot nonconforming freestanding sign per LVMC
19.14.080 at 98 South Martin L King Boulevard.
The Planning Commission voted [6-0] to hold ZON-63938, VAR-63939,
05/10/16
VAR-63944 and SDR-63940 in abeyance to the June 14, 2016 Planning
Commission meeting at the request of the applicant.
The Planning Commission voted [6-0] to hold ZON-63938, VAR-63939,
VAR-63944 and SDR-63940 in abeyance to the July 12, 2016 Planning
06/14/16
Commission meeting to allow the applicant time to conduct a neighborhood
meeting..

Most Recent Change of Ownership


05/31/12
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


The existing multi-family residential development was constructed on this
1979
site.

SS

ZON-63938, VAR-63939, VAR-63944 and SDR-63940 [PRJ-63937]


Staff Report Page Seven
July 12, 2016 - Planning Commission Meeting

Related Building Permits/Business Licenses


A business license (A07-00771) was issued for Apartment Rentals at 98
Pre-1991
South Martin L King Boulevard. The license was marked inactive on
09/12/14.
A building permit (#92152674) was issued for a guard shack at 98 South
07/14/92
Martin L King Boulevard. A final inspection was completed 09/18/92.

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal requirements
03/22/16
for a Rezoning, Variance, and a Site Development Plan Review were
discussed.

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

Field Check
05/05/16

The site contains an existing multi-family residential development in good


condition, with landscaping and tennis courts in the area proposed to contain
the two new apartment buildings.

Details of Application Request


Site Area
Net Acres
12.36

Surrounding
Property

Subject Property

North
South

Existing Land Use Per


Title 19.12
Commercial
Recreation/Amusement
(Outdoor) [Tennis
Courts]
Multi-Family
Residential
Right-of-Way
Multi-Family
Residential

Planned or Special
Land Use
Designation

Existing Zoning District

MXU (Mixed-Use)

R-5 (Apartment)

Right-of-Way

Right-of-Way
C-1 (Limited
Commercial)

MXU (Mixed-Use)

SS

ZON-63938, VAR-63939, VAR-63944 and SDR-63940 [PRJ-63937]


Staff Report Page Eight
July 12, 2016 - Planning Commission Meeting

Surrounding
Property
East
West

Existing Land Use Per


Title 19.12
General Retail Store,
Other Than Listed
Single Family
Residential, Detached

Planned or Special
Land Use
Designation
MXU (Mixed-Use)
L (Low Density
Residential)

Existing Zoning District


C-1 (Limited
Commercial)
R-1 (Single Family
Residential)

Master Plan Areas


No Applicable Master Plan Area

Compliance
N/A

Special Purpose and Overlay Districts


A-O (Airport Overlay) District 175 Feet
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area Downtown Redevelopment Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

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

DEVELOPMENT STANDARDS
Pursuant to 19.06, the following standards apply to the expanded area:
Standard
Required/Allowed
Provided
Min. Lot Size
7,000 SF
54,450 SF
Min. Lot Width
N/A
200 Feet
Min. Setbacks
5 Feet
10 Feet
Side
Min. Distance Between Buildings
None
48 Feet
Unlimited/
Max. Building Height
41 Feet
Residential Adjacency
Screened, Gated, w/ a
Trash Enclosure
Not indicated
Roof or Trellis
Mech. Equipment
Screened
Not indicated

Existing Zoning
R-5 (Apartment)

Permitted Density
Unlimited, except by building
height

Compliance
Y
N/A
Y
Y
Y
By condition
By condition

Units Allowed
Limited by building height

SS

ZON-63938, VAR-63939, VAR-63944 and SDR-63940 [PRJ-63937]


Staff Report Page Nine
July 12, 2016 - Planning Commission Meeting

Proposed Zoning
R-4 (High Density
Residential)
General Plan
MXU (Mixed Use)

Permitted Density
Unlimited, except by building
height
Permitted Density
Determined by General Plan
Designation

Units Allowed
Unlimited, except by building
height
Units Allowed
Determined by General Plan
Designation

Pursuant to 19.06, the following standards apply to the expanded area:


Landscaping and Open Space Standards
Required
Provided
Compliance
Standards
Ratio
Trees
Buffer Trees:
North
1 Tree / 20 Linear Feet
12 Trees
12 Trees
Y
South
N/A
N/A
N/A
N/A
East
1 Tree / 20 Linear Feet
6 Trees
7 Trees
Y
N/A
N/A
N/A
N/A*
West
TOTAL PERIMETER TREES
18 Trees
19 Trees
Y
1 Tree / 6 Uncovered
Parking Area Trees
Spaces, plus 1 tree at the
12 Trees
12 Trees
Y
end of each row of spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
6 Feet
6 Feet
Y
South
N/A
N/A
N/A
East
6 Feet
6 Feet
Y
N/A
N/A
N/A*
West
*A Condition of Approval requires for the parcels to be remapped as one, eliminating the west
property line.

Street Name

Functional
Classification of
Street(s)

Governing Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Martin L King Blvd

Primary Arterial

Master Plan of Streets


and Highways

100

SS

ZON-63938, VAR-63939, VAR-63944 and SDR-63940 [PRJ-63937]


Staff Report Page Ten
July 12, 2016 - Planning Commission Meeting

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
Number of
HandiHandiRatio
Regular
Regular
Units
capped
capped
Existing
Multi-Family
Residential
Proposed
Multi-Family
Residential
(2 BR)
Proposed
Multi-Family
Residential
(3 BR)
Proposed
Guest Spaces

264

Existing

414

12

1.75 spaces
per unit

21

24

2 spaces
per unit

48

36

1 space per
6 units

TOTAL ADDITIONAL SPACES


REQUIRED
Regular and Handicap Spaces Required
Percent Deviation

75
74

37
1

31
51%

N
6

Wall Signs: [East elevation of proposed Building A, North elevation of proposed Building B ]
Standards
Allowed
Provided
1 sign facing east Martin L. King
1 / Street frontage
Boulevard
Maximum Number
1 sign facing north Interstate 515
Exit Ramp
Maximum Area
50 sf / sign
120 sf / sign*
Maximum Projection
2 feet
Less than 1 foot
Internal/External, except on
elevations facing and located
Illumination
within 200 feet of property zoned
Internal Illumination
or planned for single family
residential use
*A Variance has been requested to allow the proposed wall signs to be 120 square feet each. This is a
140% deviation from the R-4 (High Density Residential) standard.
SS

ZON-63938

ZON-63938

ZON-63938

ZON-63938

7 A777

77b AA 7

77 7

77A 7b

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77 7

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77 A7

7 7A

77 7

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77
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77 7
7 75
77 7
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b77b
b
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ZON-63938

b 77
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77
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b
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b 77


b

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ZON-63938, VAR-63939, VAR-63944 and SDR-63940 - REVISED

ZON-63938, VAR-63939, VAR-63944 and SDR-63940

ZON-63938, VAR-63939, VAR-63944 and SDR-63940 - REVISED

ZON-63938, VAR-63939, VAR-63944 and SDR-63940 - REVISED

ZON-63938, VAR-63939, VAR-63944 and SDR-63940 - REVISED

ZON-63938, VAR-63939, VAR-63944 and SDR-63940 - REVISED

ZON-63938, VAR-63939, VAR-63944 and SDR-63940 - REVISED

ZON-63938, VAR-63939, VAR-63944 and SDR-63940 - REVISED

ZON-63938, VAR-63939, VAR-63944 and SDR-63940 - REVISED

ZON-63938 [PRJ-63937] - REZONING RELATED TO VAR-63939, VAR-63944 AND SDR-63940 APPLICANT/OWNER: RANCHO VERDE APARTMENTS 2015, LLC, ET AL
98 SOUTH MARTIN L KING BOULEVARD
05/05/16

ZON-63938 [PRJ-63937] - REZONING RELATED TO VAR-63939, VAR-63944 AND SDR-63940 APPLICANT/OWNER: RANCHO VERDE APARTMENTS 2015, LLC, ET AL
98 SOUTH MARTIN L KING BOULEVARD
05/05/16

ZON-63938 [PRJ-63937] - REZONING RELATED TO VAR-63939, VAR-63944 AND SDR-63940 APPLICANT/OWNER: RANCHO VERDE APARTMENTS 2015, LLC, ET AL
98 SOUTH MARTIN L KING BOULEVARD
05/05/16

ZON-63938 [PRJ-63937] - REZONING RELATED TO VAR-63939, VAR-63944 AND SDR-63940 APPLICANT/OWNER: RANCHO VERDE APARTMENTS 2015, LLC, ET AL
98 SOUTH MARTIN L KING BOULEVARD
05/05/16

ZON-63938 [PRJ-63937] - REZONING RELATED TO VAR-63939, VAR-63944 AND SDR-63940 APPLICANT/OWNER: RANCHO VERDE APARTMENTS 2015, LLC, ET AL
98 SOUTH MARTIN L KING BOULEVARD
05/05/16

ZON-63938, VAR-63939, VAR-63944 and SDR-63940

ZON-63938, VAR-63939, VAR-63944 and SDR-63940

Nora Lares
iKF.
FW: CLV Website Contact Form

Subject:

JUN T 4

2OII

From : noreply(formstack.com Imailto: noreplv(formstack.com]


Sent: Monday, June 13, 2016 7:33 PM

To: Planning Internet Email


Subject: CLV Website Contact Form

Formstack Submisson for form Contact The City


Subrified at

tl3/16 7:33 FM

Who to
contact?:

Planning

Your

name:

Comments:

DAniel
From: Rancho Manor Neighborhood Assn. <tippyZd@aol.com>
To: rbarlow
Su,bject: Pla,nning:
, SDR=63940 and reiated items
Date: Mon, Jun 13,2016 6.50 pm
Dear Councilman Barlow,
I request your intervention in the matter of the above planning proposal. ln recent yers, we have
become accustomed to having developers with projects that may impact residential

instance.
Deprived of communication with the developer and Planning staff, we do not know how much
protection such provisions provde our neigh:borhood, but suspect that any supposed protecton
could be easily wived. nb tne notified neighbors been properly n,formed, a fr greater
oposition would be o

Ierm | Privqcy

Copyright O 2016 Formstack, LLC. All rights reserved.


This is a customer service email.
Formstack,

LLC

Submittgd atterflnalagenaa

n b!,tl

,#,qu.15

gtot3

Nora Lares
From:

Milagros

Sent:
To:

Tuesday, June l-4, 201-6 8:53 AM

Subject:

FW: CLV Website Contact Form

R. Escuin

Nora Lares

From : noreolv@formstack.com Imailto: noreply@formstack.com]


Sent: Monday, June 13, 2016 7:36 PM
To: Planning Internet Email
Subject: CLV Website Contact Form

Formstack Submission for form Contact The Gity


.Suniff*d at t6113/16 7:36 PM

Your

name:

Comments:

Daniel Deegan
A second issue, with wh:ich you, as Councilman and Council Liaison before , are very familiar, is
the long standing lack of security in sur neighborhood arising from the ability of persons to scale
the perimeter wU and pass from Rancho Vrde into the Rancho Manor neighborhood. This is
the proper time to add:ress this issue. The fect that the culrrent owner may no,t have caused the
probtem is irrelevant; it is a legacy problem whl:ch comes with the properly. The residents who
iace trespassers passing througlr ther yards, hopping the perimeter wall, back and forth to .
Rancho Verde, would ask for all feasible and legal action to be taken to deter such trespassing.
The massive amo,unt of wall climbing and hopping that occurs at the cul-de-sa of Mesquite
Avenue, as you know, has been a headache for the old Rancho Manor Neighborhood.Assn.
during its entire eleven year existence. I have entertained the anguished pleas of the (absentee)
ownei of # 50 Shadow Lane ove-r his inabilty to keep tenants because of the wali-ho,pping
transients, and indeed I have heard those tenant complaints myself. Our association tried for
years to enlist the cooperation of the owners of 9B MLK Blvd. but to no avajl. This festering sore
noulO be ireated before any new planning privileges
are granted
I donlt believe it is too much

was the

Phone:

(702) 385-7654

Enrail:

tippyZd@aot.com ,

Te_rm$ | Privacy

2016 Formstack, LLC. All rights reserved'


Copyright
This is a customer service email.
@

3q 7 o3

Nora Lares
From:

Milagros

Sent:

Tuesday, June l-4, 2016 8:54 AM

lo:

Nora Lares

Subject:

FW: CLV Website Contact Form

R. Escuin

From: noreply@formstack.com Imailto: noreplvtformstack'com]


Sent: Monday, June 13, 2016 7237 PM
To: Planning Internet Email
Subject: CLV Website Contact Form

Formstack Submission for form Contact The City


Sufflfted at A6fi3/16 7:37 FM
Who to
contact?:

Planning

Your name:

Daniel Deegan

Comrnents:

A chain link fence set back from the wall n a sensitive rea, was hetpfulwith a similar problem
that occurred in the former Desert Park Apartments (100 MLK Blvd,) Other solutions can be
considered. Perfection may be impossible, but any serious efforts at remediation will be gratefully
received by our residents, should the d*veloper and the Planning staff deign to cooperate.
Respectfully yours,

DanielJ Deegan
Past Presidet
Rancho Manor Neighborhood Assn.
Phone

(72) 385-7654

mail:

tippy2d(aol.com

Tpnr I Priwcv

Copyright O 2016 Formstack, LLC. All rights reserved.


This is a customer service email.
Formstack, LLC
8604 Allisonville Rd.
Suite 300
lndianapolis, lN 46250

?qZal 3

d132016

PlarnirB: ZON-!98, SDR=6NX0 and rdded items

From: Rancho Manor Neighborhood Assn. <tippy2d@aol.com>


To: rbarlow <rbarlow@lasvegasnevada.gov>
Subct: Planning: ZON=63938, SDR=63940 and related items
Date: Mon, Jun 13, 2016 :50 pm
Dear Councilman Barlow,

I request your intervention in the matter of the above planning proposal. ln recent years, we have become accustomed to
having developers with projects that may impact residential neighborhoods, perhaps adversey, be required to hold
neighborhood information meetings with all nearby property owrers notified at the develope/s expense. This seems not to
have been done in this case, and it is, frankly, disturbing that this item is tracked for Planning Commission action without
such consultation. ls this to be the general rule?

lf it had been propedy informed, this neighborhood would strenuously oppose the rezoning of the parcel to R4. Consulting
Ttle 19 Chapter 6, I discover that R4 (High Rise) permits an unlimited number of floors. The Site Development Review
accompanying the application presents elevation diagrams of the intended new c three storcy buildings possibly within the
35 foot limit of R-2 and certainly within the 55 foot, five floor limit of R. Therefore it appears that the applicant is asking
for zoning entitlements in excess of what is required for his poject. Since we have been denied contact with the developer
or Planning staff, we must entertain the prcspect of an unspoken intention to clear, in the future, the present structures and
avail of the permission to build high rise monstrosities. We also note that Title 19, Chapter Six contains, weirdly, height
limits on an unlimited number of floors, and adjacency standards wftich may be cognized in this instance.
Deprived of communication with the developer and Planning staff, we do not know how much protection such provisions
provide our neighborhood, but suspect that any supposed protection could be easily waived. Had the notified neighbors
been properly informed, a far greater opposition would be observed.

A second issue, with wtrich you, as Councilman and Council Liaison before , are very familiar, is the long standing lack of
security in our neighborhood arising from the ability of persons to scale the perimeter wall and pass from Rancho Verde into
the Rancho Manor neighborhood. This is the proper time to address this issue. The fact that the cunent ower may not
have caused the problem is inelevant; it is a legacy problem which comes with the property. The ridents who face
trespassers passing through their yards, hopping the perimeter uall, back and forth to Rancho Verde, uould ask for all
feasible and legal action to be taken to deter such trespassing. The massive amount of wall climbing and hopping that
occurs at the culdesa of Mesquite Avenue, as you know, has been a headache for the old Rancho Manor Neighborhood
Assn. during its entire eleven year exstence. I have entertained the anguished pleas of the (absentee) owner of # 50
Shadow Lane over his inability to keep tenants because of the wall-hopping tnansients, and indeed I have heard those tenant
complaints myself. Our association tried for years to enlist the cooperation of the ownens of 98 MLK Blvd. but to no avail.
This festering sore should be treated before any new planning privileges
are granted

A variety solutions have been considered, and I dont believe it is too much to ask City Planning staff and the developer to
consider them. One of the best solutions was the first I heard, from the ovuner in the 2002-3 period, who accepted her
responsibility for stopping this transient trespass. Having been informed by the City Building lnspector that the wall could
not be raised (with concrete block), she proposed putting framed sheets of expanded metal as the omamental feature on top
of the rall. They can be supported both at the top of the rnall and by re-bar extending the height of the wall to the grotlnd; it
offers very poor hand holds for climbers.
A chain link fence set back from the wall in a sensitive area, was helpful with a similar problem that occuned in the former
Desert Park Apartments (100 MLK Blvd,) Other solutions can be considercd. Perfection may be impossible, but any
serious efforts at remediation will be gratefully received by our residents, should the developer and the Planning staff deign
to cooperate.
Respectfully yours,

DanielJ Deegan
Past President
Rancho Manor Neighborhood Assn

Subrnilted at Planning Commission

o^t"

futhtu*

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'? 1-:\.( i_i1'4:.i-,),-q


PRSRT

FV Sf.}J
t"l -pJJ '1
f"T. 5 p-

City of Las Vegas


Department of Planning
Development Services Center
333 North Rancho Drive, 3'd Floor
Las Vegas, Nevada 89106

FIRST CLASS MAIL

U.S. Postage

PA ID
Las Vegas, NV
Permit No. 1630

Return Service Requested


Official Notice of Public Hearing

h [,

fr r" pil^l'<I

u,[& NlFn
ur.t,,"r\i^\."*

[ec*,'i

City Hall

s5g

":u'?)
Ii you wish to file your protest or support on this request, check

the

appropriate box below and retum this card in an envelope with postage to the
Department of Planning at the address listed above, fax this side of this card to
(702) 464-7499. If you would like to contact your Council Representative;
please call (7 02) 229 -6405.

I SUPPORT
this Request

Case: ZON3938

13928410127
DFEGAN DANIEL J
.I801
GRANITE AVE
LAS VEGAS NV 89106-3751

ffift,'?,'irf,

Please use available blank(pace on card for your comments.

zoN-63938 & VAR-63939 [PRJ-63937]


M""St of

Plannin g Commission

9, #3, 9;1f,

r,

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tl,lllt,,ll,lilil,l,tltll,lll',ll'l,"1,'1,t,llthtl;hhhl

Subrnltted at Planning Commission

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PRSRT

FIRSTI.A$SMAIL
u.S. Potaae

City of Lrs Vogas

FA D-

Depuunent ofPlannng

L Voga, NV

Devslonmfit Service g Ccntg


333 Ncfth Rancho Drivc, 3 Elmr
L Vegar, Nevsde 89106

Pgrmlt No, 130

Return Service Requested


Oflicial Noce of Publc Hearing

RCgIV

.juN I
Cty l.ldl

2016

0ity of Las Vegas


Dept. of Planning

lf you wish to file Your

ptnst 0r Eupport on this fcquL chk the


rcnm
this cnrd i tn envelope rrith pcsuge to the
rpgopriete box blow End
Dcpartment of Pluning at tltc addras listed rbovg fax this slde of thi crd t
(72) 46+1499. If you would likc to contfi your Ccunoil Rpre$tttive'

DMTLLC

plcare crll (702) 229{405.

LAvEgAS NV 89106-3t1

I SUPPORT

I OFFC}SB

this Requtst

thie Rtqrrcst

Pasc u$ avflileble blank spc on

cot:zoseB

g0l S BANHO DF #'4

cfid for Your comfiltrt$.

z0Fr'6$938 & VR.6393t IPRI -639371


pl anning comrni s so n M"",H{,* gh1#llf
T00/T00

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Agenda Item No.: 46.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ABEYANCE - VAR-63939 - VARIANCE RELATED TO ZON-63938 - PUBLIC HEARING APPLICANT/OWNER: RANCHO VERDE APARTMENTS 2015, LLC, ET AL - For possible
action on a request for a Variance TO ALLOW 37 ADDITIONAL PARKING SPACES
WHERE 75 ADDITIONAL SPACES ARE REQUIRED FOR THE PROPOSED EXPANSION
OF AN EXISTING MULTI-FAMILY RESIDENTIAL DEVELOPMENT on 12.36 acres at 98
South Martin L King Boulevard (APNs 139-28-402-002 and 003), R-5 (Apartment) Zone
[PROPOSED: R-4 (High Density Residential)], Ward 5 (Barlow) [PRJ-63937]. Staff
recommends DENIAL.
C.C.: 8/17/2016
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-63939

VAR-63939

VAR-63939

VAR-63939

Agenda Item No.: 47.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ABEYANCE - VAR-63944 - VARIANCE RELATED TO ZON-63938 AND VAR-63939 PUBLIC HEARING - APPLICANT/OWNER: RANCHO VERDE APARTMENTS 2015, LLC,
ET AL - For possible action on a request for a Variance TO ALLOW ONE, 120 SQUAREFOOT WALL SIGN ON EACH OF TWO PROPOSED MULTI-FAMILY RESIDENTIAL
BUILDINGS WHERE 50 SQUARE FEET PER SIGN IS ALLOWED on 12.36 acres at 98
South Martin L King Boulevard (APNs 139-28-402-002 and 003), R-5 (Apartment) Zone
[PROPOSED: R-4 (High Density Residential)], Ward 5 (Barlow) [PRJ-63937]. Staff
recommends DENIAL.
C.C.: 8/17/2016
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-63944 and SDR-63940 [PRJ-63937]

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-63944

VAR-63944

VAR-63944

VAR-63944

f.J3a5. i-.f'{:f3*;
I

Itii
; .rvi.d'r\,.
ri!!ri
r t l.

1.
City of Las Vegas

ll}l'1 l$

Depaftment of Planning
Development Services Center
333 North Rancho Drive, 3'd Floor
Las Vegas, Nevada 89106

PRSRT
FIRSTCLASS MAIL
U.S. Postage

JlJ{ 'X6
lL

PAID
Las Vegas, NV
Permit No. 1630

Return Service Requested


Official Notice of Public Hearing

City Hll

l{

drylll

Lmtitribp
19

5Sh

5t

If

you wish to file your protest or support on this request, check the
appropriate box below and retum this card in an envelope with postage to the

Department of Planning at the address listed above, fax this side of this cad to
(702) 464-7499. If you would like to contact yotrr Council Representative,
please call (702) 229-6405.

I SUPPORT
this Request

13928410127

Case: VAR-63944

DEEGAN DANIEL J
1801 GRANITE AVE
LAS VEGAS NV 89.I06.3751

r,'?,'3,,:,,

Please use available blank Space on card for your comments.

vAR-63944 & SDR-63940 [PRJ-63937]


Planning Commission Meeting of 6/14/2016

fi"

[:1i:.'!;..ii

t'

i;]

lltl,,,itt,tt,lhtriillt,triltl,lttt,tl,t,ll,ltrrtrll,t,tlil,lrlr

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Agenda Item No.: 48.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ABEYANCE - SDR-63940 - SITE DEVELOPMENT PLAN REVIEW RELATED TO ZON63938, VAR-63939, AND VAR-63944 - PUBLIC HEARING - APPLICANT/OWNER:
RANCHO VERDE APARTMENTS 2015, LLC, ET AL - For possible action on a request for a
Site Development Plan Review FOR A PROPOSED 36-UNIT ADDITION TO AN EXISTING
264-UNIT MULTI-FAMILY RESIDENTIAL DEVELOPMENT on 12.36 acres at 98 South
Martin L King Boulevard (APNs 139-28-402-002 and 003), R-5 (Apartment) Zone
[PROPOSED: R-4 (High Density Residential)], Ward 5 (Barlow) [PRJ-63937]. Staff
recommends DENIAL.
C.C.: 8/17/2016
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-63940

SDR-63940

SDR-63940

SDR-63940

Agenda Item No.: 49.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ABEYANCE - SUP-64408 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT:
MASSAGE 1 - OWNER: MONACO PROPERTIES, LLC - For possible action on a request for
a Special Use Permit FOR A PROPOSED 1,664 SQUARE-FOOT MASSAGE
ESTABLISHMENT WITH A WAIVER TO ALLOW A DISTANCE SEPARATION OF 141
FEET FROM A SIMILAR USE WHERE 1,000 FEET IS REQUIRED AND A WAIVER TO
ALLOW A DISTANCE SEPARATION OF 108 FEET FROM A RESIDENTIAL USE WHERE
400 FEET IS REQUIRED at 6446 North Durango Drive, Suite #130 (APN 125-20-801-002), TC (Town Center) Zone [SC-TC (Service Commercial - Town Center) Special Land Use
Designation], Ward 6 (Ross) [PRJ-64165]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 8/17/2016
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, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter

SUP-64408 [PRJ-64165]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY 12, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: MASSAGE 1 - OWNER: MONACO
PROPERTIES, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SUP-64408

RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:

REQUIRED FOR
APPROVAL
N/A

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

71

APPROVALS

PROTESTS

26

RG

SUP-64408 [PRJ-64165]
Conditions Page One
July 12, 2016 - Planning Commission Meeting

** CONDITIONS **

SUP-64408 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Massage
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.

A Waiver from Title 19.12 is hereby approved, to allow a distance separation of 141 feet
from a similar use where 1,000 feet is the minimum distance required.

4.

A Waiver from Title 19.12 is hereby approved, to allow a distance separation of 108 feet
from a residential use where 400 feet is the minimum distance 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.

7.

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

RG

SUP-64408 [PRJ-64165]
Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting a Special Use Permit for a proposed 1,664 square-foot Massage
Establishment located at 6446 North Durango Drive, Suite #130. The proposed use will require
waivers of the distance separation from a similar use and residential zoned properties. The
proposed use will be located within an existing shopping center.

ISSUES

A Massage Establishment use is permitted in the SC-TC (Service Commercial Town


Center) Town Center Special Land Use Designation with a Special Use Permit.
A Wavier to allow a 141-foot distance separation from a similar use, where 1,000 feet is
required is requested. Staff does not support the request.
A Waiver to allow a 108-foot distance separation from a residential use, where 400 feet is
required. Staff does not support the request.

ANALYSIS
This is a request for a Special Use Permit for Massage Establishment use at 6446 North Durango
Drive, Suite #130. The subject suite is currently vacant and is located within the SC-TC (Service
Commercial Town Center) Special Land Use Designation. The proposed use is permitted with
an approved Special Use Permit. The applicant is requesting waivers of the distance separation,
to allow the proposed use at 141 feet from a similar use where 1,000 feet is required and 108 feet
from residentially zoned properties where 400 feet is required.
The subject property is within 500 feet of the jurisdictional boundary of Clark County and a
Project of Regional Significance was submitted. All the proper documents were completed and
distributed to the required departments and agencies; however, no comments were returned.
The Massage Establishment use is defined as A facility which is occupied and used for the
purpose of practicing massage therapy as defined in LVMC Chapter 6.52. This use does not
include the accessory massage, as defined in this Title. The proposed use meets the definition
as stated in the justification letter that the proposed use is a high quality massage clinic, offering
full body massage therapy.
The Minimum Special Use Permit Requirements for this use include:

RG

SUP-64408 [PRJ-64165]
Staff Report Page Two
July 12, 2016 - Planning Commission Meeting

1. The use shall comply with all applicable requirements of LVMC Title 6.
The proposed use meets this requirement, as a condition of approval has been added
requiring compliance with all applicable LVMC Title 6 requirements.
2. The use must be located on a secondary thoroughfare or larger.
The proposed use meets this requirement, as the subject site is located along Durango
Drive, a 120-foot Town Center Primary Arterial and Centennial Parkway, a 90-foot
Frontage Road as designated in the Town Center Development Standards Manual.
3. The use may not be located within 400 feet of any church/house of worship, school, City
park, individual care center licensed for more than 12 children, or any parcel zoned for
residential use.
The proposed use does not meet this requirement as the subject property is located within
108 feet from residential zoned property to south side of Centennial Parkway. . A Waiver
of the distance separation has been requested with this application; therefore, staff
recommends denial.
4. The use may not be located within 1000 feet of any other massage establishment.
The proposed use does not meet this requirement as another Message Establishment
currently located 141 feet to the west of the subject property. A Waiver of the distance
separation has been requested with this application; therefore, staff recommends denial.
5. The hours of operation shall be limited to the period between 6:00 a.m. and 10:00 p.m.,
unless further limited by the City Council on a case-by-case basis.
The proposed use meets this requirement as stated by applicants justification letter date
stamped 04/28/16; the establishment will be operating seven days a week with general
business hours of 9 am to 9 pm Monday through Friday, 9 am to 7pm on Saturdays and 9
am to 5pm on Sundays.
The proposed Massage Establishment use will be located within a Shopping Center. The subject
location is not suitable for the intensity of the proposed use, due to the proximity of the subject
site to the existing Massage Establishment and residential zoned properties; therefore, staff
recommends denial. If this request is approved, it is subject to conditions.

RG

SUP-64408 [PRJ-64165]
Staff Report Page Three
July 12, 2016 - Planning Commission Meeting

FINDINGS (SUP-64408)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
1.

The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
The proposed land use cannot be conducted in a manner that is harmonious and
compatible with existing surrounding land uses as evidenced by the requested Waivers.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The subject site is an established Shopping Center; therefore, the site is physically suitable
for the type and 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.
Site access is provided from Durango Drive, a 120-foot Town Center Parkway Arterial
and Centennial Parkway, a 90-foot Town Center Frontage Road. Both roadways are of
sufficient size to accommodate the needs of the proposed Massage Establishment use
located within an existing Shopping Center.

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
licensing restrictions.

5.

The use meets all of the applicable conditions per Title 19.12.
The use does not meet all of the applicable conditions per Title 19.12, as evidenced by the
requested Waivers.

RG

SUP-64408 [PRJ-64165]
Staff Report Page Four
July 12, 2016 - Planning Commission Meeting

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a request for a Special Use Permit (U-0149-99)
for a proposed 6,400 square-foot Supper Club, a Special Use Permit (U-015699) for the Off-Premise Sale of Beer and Wine in conjunction with a 4,000
05/17/00
square-foot Convenience Store; and a Site Development Plan Review [Z0076-98(11)] for a proposed 20,800 square-foot Retail Center at the northeast
corner of West Centennial Parkway and North Durango Drive. The Planning
Commission recommended approval.
The City Council approved a request for a Site Development Plan Review
(SDR-17735) for a 42,790 square-foot retail shopping center with Waivers of
the Build-to-Line requirement and to allow 15 feet of Perimeter Landscape
02/07/07
Buffer adjacent to a Drive-Through Aisle where 25 feet is required at the
northeast corner of West Centennial Parkway and North Durango Drive. The
Planning Commission recommended approval.
The Planning Commission approved a request for Special Use Permit (SUP61031) for a restaurant with drive-through use at 6408-6446 North Durango
Drive. Staff recommended approval.
The Planning Commission approved a request for a Site Development Plan
11/03/15
Review (SDR-61034) for major amendment to a previously approved Site
Development Plan Review (SDR-17735) for a 2,795 square-foot expansion to
an approved 45,447 square-foot shopping center at 6408-6446 North Durango
Drive. Staff recommended approval.
The Planning Commission voted [6-0] to hold this item in abeyance to the
06/14/16
July 12, 2016 Planning Commission meeting as the applicant was not present
to address the concerns of the Commission.
Most Recent Change of Ownership
05/14/13
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
A building permit (#7002766) was issued for a building shell at 6446 North
02/22/09
Durango Drive. The permit was finalized on 04/10/09.
A building permit (#145199) was issued for a tenant improvement for a
09/02/09
Health Club at 6446 North Durango Drive, Suite #130. The permit was
finalized on 12/14/09.
A building permit (#243254) was issued for a tenant improvement for a Yoga
10/10/13
Studio at 6446 North Durango Drive, Suite #130. The permit was finalized
on 02/10/14.
A business license (G63-06772) was issued for Yoga Instruction/General
09/04/15
Retail at 6446 North Durango Drive, Suite #130. The license is active.
RG

SUP-64408 [PRJ-64165]
Staff Report Page Five
July 12, 2016 - Planning Commission Meeting

Related Building Permits/Business Licenses


A building permit (#313847) was issued for a speculative suite at 6446 North
03/28/16
Durango Drive, Suite #130. The permit has not been finalized.

Pre-Application Meeting
A pre-application meeting with the applicant occurred and discussed the
following items.
1. The applicant is requesting a Special Use Permit for a Massage
Establishment use. The proposed use is within 400 feet of a
Residential use and within 1,000 feet from a similar use. A
Waiver request is necessary for approval of the requested Special
Use Permit.
2. Per Town Center Development Standards Section C, Waivers of
the required separation requirements requires a neighborhood
meeting to be held prior to the public hearing at a place and time
04/11/16
approved by the Planning Department.
3. The subject property is within 500 feet of the jurisdictional
boundary with Clark County. A Project of Regional Significance
form is required to be submitted with this application.
4. A speculative suite permit (#313847) was issued for Suite #130 on
03/28/16
5. Business License comments if business owner will not be at the
establishment at all times, then the owner requires to complete a
key employee as part of the license application submittal.

Neighborhood Meeting
A neighborhood meeting was held at the YMCA at Buffalo Drive at 6:30 PM
06/02/16
and it was concluded at 6:40 PM. No one from the public attended this
meeting.

Field Check
05/05/16

A field check by staff noted that the subject suite is currently vacant.

Details of Application Request


Site Area
Net Acres
3.5

RG

SUP-64408 [PRJ-64165]
Staff Report Page Six
July 12, 2016 - Planning Commission Meeting

Surrounding
Property
Subject Property
North

South

Existing Land Use


Per Title 19.12
Shopping Center
Freeway
Convenience Store
& Gas Station
Single Family
Dwelling
Undeveloped

East

Undeveloped

West

Shopping Center

Planned or Special
Land Use Designation
SC-TC (Service
Commercial Town
Center)
ROW (Right-of-Way)
SC-TC (Service
Commercial Town
Center)
SC-TC (Service
Commercial Town
Center
SC-TC (Service
Commercial Town
Center)

Existing Zoning District


T-C (Town Center)
T-C (Town Center)

T-C (Town Center)

T-C (Town Center)

T-C (Town Center)

Master Plan Areas


Town Center Master Plan
Special Purpose and Overlay Districts
T-C (Town Center) 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
Compliance
N
Compliance
N/A
N/A
Y
N/A

DEVELOPMENT STANDARDS

Street Name

Functional
Classification of
Street(s)

Durango Drive

Town Center
Parkway Arterial

Centennial Parkway

Frontage Loop

Governing Document
Town Center
Development Standards
Manual
Town Center
Development Standards
Manual

Actual
Street Width
(Feet)

Compliance
with Street
Section

120

90

RG

SUP-64408 [PRJ-64165]
Staff Report Page Seven
July 12, 2016 - Planning Commission Meeting

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Shopping
48,242 SF
1:250 SF
193
Center
193
210
Y
TOTAL SPACES REQUIRED
187
6
199
11
Y
Regular and Handicap Spaces Required

Waivers
Requirement
The use may not be located
within 1000 feet of another
Massage Establishment.
The use may not be located
within 400 feet of any
Church/House of Worship,
School, City Park, Individual
Care Center licensed for more
than 12 children, or any parcel
zoned for residential use.

Request
To located the proposed
Establishment within 141 feet.

Staff
Recommendation
Massage

To locate a Massage Establishment use 108


feet from a parcel zoned for residential use.

Denial

Denial

RG

SUP-64408

SUP-64408

77A

b7bA

SUP-64408 - REVISED

SUP-64408

SUP-64408

b

A
AA

SUP-64408 [PRJ-64165] - SPECIAL USE PERMIT - APPLICANT: MASSAGE 1 - OWNER: MONACO


PROPERTIES, LLC
6446 NORTH DURANGO DRIVE, SUITE #130
05/05/16

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SUP-64408

SUP-64408

Agenda Item No.: 50.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ABEYANCE - RENOTIFICATION - SUP-64491 - SPECIAL USE PERMIT - PUBLIC
HEARING - APPLICANT: GLEN RUBIN - OWNER: DOUGLAS B. KAYS, ET AL - For
possible action on a request for a Special Use Permit FOR A PROPOSED 9,450 SQUAREFOOT MOTORCYCLE/MOTOR SCOOTER SALES USE WITHIN AN EXISTING SWAP
MEET WITH A WAIVER TO ALLOW OUTDOOR DISPLAY AND SALES at 1717 South
Decatur Boulevard (APN 162-06-301-002), C-1 (Limited Commercial) Zone, Ward 1
(Tarkanian) [PRJ-64362]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 8/17/2016
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. Support Postcards

SUP-64491 [PRJ-64362]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY 12, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: GLEN RUBIN - OWNER: DOUGLAS B. KAYS,
ET AL

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SUP-64491

RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:

REQUIRED FOR
APPROVAL
N/A

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

485

APPROVALS

PROTESTS

27

RG

SUP-64491 [PRJ-64362]
Conditions Page One
July 12, 2016 - Planning Commission Meeting

** CONDITIONS **

SUP-64491 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Motor Scooter
Sales use.

2.

A Waiver from Title 19.12 is hereby approved, to allow the outdoor display and sales or
motor scooters pursuant to the Site Plan dated 06/20/16.

3.

This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.

4.

All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.

5.

These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit, as well as submitted as part of any business license application.

6.

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

RG

SUP-64491 [PRJ-64362]
Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
This is a request for a Special Use Permit for a proposed 9,450 square-foot Motorcycle/Motor
Scooter Sales use with outdoor display and sales at an existing Swap Meet. This is a C-1
(Limited Commercial) zoned property located at 1717 South Decatur Boulevard.

ISSUES

A Motorcycle/Motor Scooter Sales use is permitted in the C-1 (Limited Commercial) zoning
district and with the approval of a Special Use Permit.
A Waiver of Condition #1 of the minimum Special Use Permit requirement is required, as the
applicant is proposing outdoor display and sales. Staff cannot support this request.

ANALYSIS
The existing Swap Meet use has been licensed since 11/21/1991 at 1717 South Decatur
Boulevard and is a legal non-conforming use per Title 19.14, as this use began operating prior to
the requirement for a Special Use Permit. The proposed 9,450 square-foot Motorcycle/Motor
Scooter Sales use is permitted in the C-1 (Limited Commercial) zoning district with an approval
of a Special Use Permit. The proposed use consists of a showroom, and an inventory
storage/service area within the Swap Meet interior. In addition, a 1,875 square-foot outdoor
display and sales area is proposed at the northwest corner of the building.
The Motorcycle/Motor Scooter Sales use is defined as A facility or area for the display and sale
of motorcycles and motor scooters, whether new or used, but excluding mopeds. This use
includes service bays which are incidental and accessory to the sales use. The term
motorcycle/motor scooter sales is used for the sole purpose of allowing the use by means of
Special Use Permit in the C-1 District. For all other purposes, the use described here shall be
treated under the appropriate category of motor vehicle sales. The proposed use meets the
definition as the applicants justification letter date stamped 06/20/16 states the applicant intends
to sell electric and gas powered scooters. The subject property is in the C-1 District and the
Motorcycle/Motor Scooter Sales use is allowed with an approved Special Use Permit.

RG

SUP-64491 [PRJ-64362]
Staff Report Page Two
July 12, 2016 - Planning Commission Meeting

The Minimum Special Use Permit Requirements for this use include:
1. All display and sales shall take place in an enclosed building.
The proposed use will have a display and sales to area outside of the building, for which
the applicant has requested a waiver. Staff does not support the waiver request.
2. The minimum gross floor area of the building (or tenant space) that is dedicated to this
use shall be 7000 square feet.
The proposed use meets this requirement as the submitted floor plan, date stamped
05/02/16, contains 3,000 square feet of showroom space and the submitted floor plan,
date stamped 05/12/16, contains 6,450 square feet of inventory/service area.
The proposed Motorcycle/Motor Scooter Sales use will not be compatible with the surrounding
uses due to the waiver request to allow an outdoor display and sales proposed on the subject
property. The minimum Special Use Permit requirements specify that all display and sales shall
take place in an enclosed building. Staff recommends denial; if this application is approved, it
is subject to conditions.
FINDINGS (SUP-64491)
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 9,450 square-foot Motorcycle/Motor Scooter Sales use will be located
within the interior of the building which contains a Swap Meet use. A waiver is requested
to allow display and sales activities to take place outside of the building; therefore, the
proposed use cannot be conducted in a manner that is harmonious and compatible with
existing surrounding land uses, and with future surrounding land uses as projected by the
General Plan.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
There are no proposed changes for the existing structure housing the Swap Meet use; the
proposed Motorcycle/Motor Scooter Sales use will be located within the Swap Meet use.

RG

SUP-64491 [PRJ-64362]
Staff Report Page Three
July 12, 2016 - Planning Commission Meeting

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 is provided by Decatur Boulevard, a 100-foot Primary Arterial, and
Oakey Boulevard, an 80-foot Major Collector. These streets provide adequate traffic flow
for the proposed Motorcycle/Motor Scooter Sales 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 the Special Use Permit for a Motorcycle/Motor Scooter Sales use at this
location will not compromise the public health, safety and welfare or the primary
objectives of the General Plan, as the use will be subject to regular inspections and
licensing requirements.

5.

The use meets all of the applicable conditions per Title 19.12.
The proposed use does not meet all of the applicable conditions per Title 19.12, due to the
requested waiver.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The Board of Zoning Adjustment approved a Rezoning (Z-0018-67) from R-1
(Single Family Residential and R-3 (Medium Density Residential) to C-1
12/06/67
(Limited Commercial) for a Shopping Center at 1717 South Decatur
Boulevard.
The Planning Commission voted [6-0] to hold the request for a Special Use
Permit (SUP-64491) for a proposed Motorcycle/Motor Scooter Sales use at
06/14/16
1717 South Decatur Boulevard in abeyance to the July 12, 2016 Planning
Commission meeting at the request of the applicant.

Related Building Permits/Business Licenses


A business license (#G50-05312) was issued for an Indoor Swap Meet at
11/21/91
1717 South Decatur Boulevard. This license is still active.

Most Recent Change of Ownership


12/20/12
A deed was recorded for a change in ownership.

RG

SUP-64491 [PRJ-64362]
Staff Report Page Four
July 12, 2016 - Planning Commission Meeting

Pre-Application Meeting
A pre-application meeting with the applicant took place. The issue of the
proposed Motorcycle/Motor Scooter Sales use floor plan shall demonstrate
that the use will meet Title 19.12 minimum Special Use Permit requirements
number 1 The minimum gross floor area of the building (or tenant space)
04/11/16
that is dedicated to this use shall be 7,000 square feet. If the floor plan
cannot meet that condition, a Waiver of the minimum Special Use
Requirement will be part of the application. Per Fire Department staff, the
proposed use within the Swap Meet must meet Fire and Building Codes.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
05/05/16

The site contains an existing Swap Meet use that is clean and neat in
appearance.

Details of Application Request


Site Area
Net Acres
15.23
Surrounding Property

Existing Land Use

Planned Land Use

Subject Property

Swap Meet

C (Commercial)

North

General Retail,
Other than Listed
Office, Other Than
Listed
Multi-Family
Residential

SC (Service
Commercial)
M (Medium Density
Residential)

Auto Repair Garage

C (Commercial)

Post Office

PF (Public Facilities)

Multi-Family
Residential

M (Medium Density
Residential)

Single-Family,
Detached

ML (Medium Low
Density Residential)

South

East

MXU (Mixed Use)

Existing Zoning
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)
R-1 (Single Family
Residential)
R-3 (Medium Density
Residential)
C-2 (General
Commercial)
C-1 (Limited
Commercial)
R-3 (Medium Density
Residential)
R-PD8 (Residential
Planned Development
8 Units per Acre)

RG

SUP-64491 [PRJ-64362]
Staff Report Page Five
July 12, 2016 - Planning Commission Meeting

Surrounding Property

Existing Land Use

Planned Land Use

West

General Retail,
Other Than Listed

C (Commercial)

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

Master Plan Areas


No Applicable Master Plan Area

Compliance
N/A

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

DEVELOPMENT STANDARDS

Street Name

Functional
Classification of
Street(s)

Decatur Boulevard

Primary Arterial

Oakey Boulevard

Major Collector

Governing Document
Planned Streets and
Highways
Planned Streets and
Highways

Actual
Street Width
(Feet)

Compliance
with Street
Section

100

80

Pursuant to Title 19.12, the following parking standards apply:


Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
1/175 SF
for the
25,000 SF
143
first
Swap Meet
25,000 SF
109,881 SF
1/250 SF
440
583
1,252
Y
TOTAL SPACES REQUIRED
571
12
1,229
23
Y
Regular and Handicap Spaces Required
RG

A 7 7 A b A 7

b 7

SUP-64491

7777777

77777

77 77
77A

7 77

77

77777777 7
77777b 7b 7
7b 777777777777
777777777777
77777 7 77

77777 777b 7b 77 7b 77

7777 777777 77b 7 7


77A 777A 7 7 7777777
777777
b 7

A
777

7777

777777

777
77 7

777

777777b 77

7777

77 7 777 7

A b A 77 7

A 7
7A 77777

77 7

7 7 7
A 7 7 77 A 777

77

7
777 7P7 7
7
7
7 A 77

77

777

77A 77 7 777

b 7

7 7 A 7 77

A 7

7A

b 7

7 7 77 7 7

7 7 7 7 77

7 7 7 7 7

7 7 7

77 7

SUP-64491

b 7

777

7777

77

7
7

7 77 7

A 77A A
77

7 77A 
A 7b

b 7 7 77

SUP-64491 - REVISED

7
7

77

SUP-64491

777777

77

77

77

7
7

7

77

77 7

7
7
7

77

77

77

7777

777

7777
7

77

77
777777

SUP-64491 - REVISED

7777

b7

SUP-64491 [PRJ-64362] - SPECIAL USE PERMIT - APPLICANT: GLEN RUBIN - OWNER: DOUGLAS B.
KAYS, ET AL
1717 SOUTH DECATUR BOULEVARD
05/05/16

SUP-64491 [PRJ-64362] - SPECIAL USE PERMIT - APPLICANT: GLEN RUBIN - OWNER: DOUGLAS B.
KAYS, ET AL
1717 SOUTH DECATUR BOULEVARD
05/05/16

SUP-64491 [PRJ-64362] - SPECIAL USE PERMIT - APPLICANT: GLEN RUBIN - OWNER: DOUGLAS B.
KAYS, ET AL
1717 SOUTH DECATUR BOULEVARD
05/05/16

SUP-64491 [PRJ-64362] - SPECIAL USE PERMIT - APPLICANT: GLEN RUBIN - OWNER: DOUGLAS B.
KAYS, ET AL
1717 SOUTH DECATUR BOULEVARD
05/05/16

SUP-64491 - REVISED

SUP-64491 - REVISED

City of Las

Vegas

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DepartmentofPtanning -

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Las Vegas. Nevada 89106

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Permit No. 1630

Return Service Requested


Offrcial Notice of Public Hearng

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City Hall

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If

you wish to file your protest or support on this reques!, check the
appropriate box below and retum this card in an envelope with posuge to the
Depanment of Planning at the address listed above, fax this side of this card to
(702) 4U-7499. If you would like to contact your Council Representative,
please call (7 02) 229 -6405.

0ity of Las Vegas


Dept. of Planning

r62o6s11of1

case: suP4491

KURK ROBERT DWAHD


1816 CAMERON ST
LAS VEGAS NV 89102-3513

I OPPOSE
this Requcst

","i',*:-suP-644e1 [PRJ-6432]

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space on card for your comments.

Planning Commission Meeting of 6l141216

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Agenda Item No.: 51.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
GPA-64786 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT/
OWNER: KULKA LAND, LLC - For possible action on a request for a General Plan
Amendment FROM: RNP (RURAL NEIGHBORHOOD PRESERVATION) TO: R (RURAL
DENSITY RESIDENTIAL) on 5.0 acres at the northwest corner of Elkhorn Road and Grand
Canyon Drive (APN 125-18-403-003), Ward 6 (Ross) [PRJ-64704]. Staff recommends
APPROVAL.
C.C.: 8/17/2016
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. Conditions and Staff Report - GPA-64786, ZON-64787, WVR-64788, WVR-64789 and
TMP-64790 [PRJ-64704]
3. Supporting Documentation - GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP64790 [PRJ-64704]
4. Photo(s) - GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ64704]
5. Justification Letter - GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790
[PRJ-64704]

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY 12, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/ OWNER: KULKA LAND, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
GPA-64786
ZON-64787
WVR-64788
WVR-64789
TMP-64790

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

REQUIRED FOR
APPROVAL
GPA-64786
GPA-64786
ZON-64787
GPA-64786
ZON-64787
GPA-64786
ZON-64787
WVR-64788
WVR-64789

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

51

NOTICES MAILED

288 - GPA-64876 and ZON-64787


288 - WVR-64788 and WVR-64789
288 - TMP-64790

APPROVALS

0 - GPA-64876 and ZON-64787


0 - WVR-64788 and WVR-64789
0 - TMP-64790

PROTESTS

0 - GPA-64876 and ZON-64787


0 - WVR-64788 and WVR-64789
0 - TMP-64790

YK

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Conditions Page One
July 12, 2016 - Planning Commission Meeting

** CONDITIONS **

WVR-64788 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Tentative Map (TMP64790) shall be required, if approved.

2.

A Waiver of Title 19.02.240 to allow no street lighting on interior streets, where such is
required is approved.

3.

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

WVR-64789 CONDITIONS
Planning

1.

Approval of and conformance to the Conditions of Approval for Tentative Map (TMP64790) shall be required, if approved.

2.

A Waiver of Title 19.04.070 to allow private streets to not meet minimum construction
standards as public streets, where such is required is approved.

3.

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

YK

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Conditions Page Two
July 12, 2016 - Planning Commission Meeting

TMP-64790 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.

Approval of GPA-64786, ZON-64787, WVR-64788 and WVR-64789 shall be required, if


approved.

3.

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

YK

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Conditions Page Three
July 12, 2016 - Planning Commission Meeting

Public Works
7.

Dedicate 50-feet of right-of-way for Elkhorn Road, 40-feet for Grand Canyon Drive and
30-feet for Solar Avenue. Additionally, dedicate a 25-foot radius on the southwest corner
of Solar Avenue and Grand Canyon Drive and a 30-foot radius with a Traffic Signal Chord
Easement at the northwest corner of Grand Canyon Drive and Elkhorn Road on the Final
Map for this site.

8.

Grant pedestrian access easements for all public sidewalk located outside of the public
right-of-way.

9.

Construct half street improvements on Elkhorn Road and Grand Canyon Drive meeting
complete street standards and construct Solar Avenue as shown on the approved site plan
adjacent to this site concurrent with the development. 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.

10.

Private streets must be granted and labeled on the Final Map for this site as Public Utility
Easements (P.U.E.), Public Sewer Easements, and Public Drainage Easements to be
privately maintained by the Homeowners Association.

11.

Extend public sewer in Solar Avenue to the west edge of this site at a depth and location
acceptable to the Sanitary Sewer Section of the Department of Public Works concurrent
with the development of this site.

12.

The proposed 40-foot easement at the south end of Street A shall also be a Public Sewer
Easement and located entirely on a common lot.

13.

The proposed 20-foot Public Sewer Easement located at the north end of Street A shall
be located entirely on a common lot and centered over the sewer main which is to be
located 5-feet east of Street A.

14.

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.

15.

Contact the City Engineers Office at 702-229-6272 to coordinate the development of this
project with the Rancho Road Storm Drain Elkhorn/Fort Apache to Grand Canyon
project, and any other public improvement projects adjacent to this site. Comply with the
recommendations of the City Engineer.

YK

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Conditions Page Four
July 12, 2016 - Planning Commission Meeting

16.

A working sanitary sewer connection shall be in place prior to final inspection of any units
within this development. Full permanent improvements on all major access streets,
including all required landscaped areas between the perimeter wall and adjacent public
street, shall be constructed and accepted by the City prior to issuance of any building
permits beyond 50% of all units within this development. All off-site improvements
adjacent to this site, including all required landscaped areas between the perimeter walls
and adjacent public streets, shall be constructed and accepted prior to issuance of building
permits beyond 75%. The above thresholds notwithstanding, all required Improvements
shall be constructed in accordance with Title19.02.130.D.

17.

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, or the recordation of a map, 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.

18.

As per Unified Development Code (UDC) 19.16.060.G, all requirements must be complied
with or such future compliance must be guaranteed by an approved performance security
method in accordance with UDC sections 19.02.130.C and 19.02.130.E.

19.

The approval of all Public Works related improvements shown on this Tentative Map is in
concept only. Specific design and construction details relating to size, type and/or
alignment of improvements, including but not limited to street, sewer and drainage
improvements, shall be resolved prior to approval of the construction plans by the City. No
deviations from adopted City Standards shall be allowed unless specific written approval
for such is received from the City Engineer prior to the recordation of a Final Map or the
approval of subdivision-related construction plans, whichever may occur first. Approval of
this Tentative Map does not constitute approval of any deviations. If such approval cannot
be obtained, a revised Tentative Map must be submitted showing elimination of such
deviations.

YK

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a proposed 17-lot residential subdivision on 5.00 acres of undeveloped land located at the
northwest corner of Elkhorn Road and Grand Canyon Drive. The Project requires a General Plan
Amendment (GPA-64786) from RNP (Rural Neighborhood Preservation) to R (Rural Density
Residential); a Rezoning (ZON-64787) from R-E (Residence Estates) to R-1 (Single Family
Residential); a Waiver (WVR-64788) to allow no streetlights where such are required; a Waiver
(WVR-64789) to allow private streets to be developed to non-public street standards behind a
gate; and a Tentative Map (TMP-64790). Staff supports the requested General Plan Amendment
and the Rezoning requests; however, as a result of the requested Waivers, staff does not support
the remaining three applications and recommends denial of the Waivers and Tentative Map.

ISSUES

A Waiver is required to allow internal streets to not have required street lights. Staff does
not support this request.
A Waiver is required to allow proposed private streets to not be designed and constructed
to public street standards as required. Staff does not support this request.

ANALYSIS
The applicant is requesting to amend the Centennial Hills Sector Plan land use designation from
RNP (Rural Neighborhood Preservation) to R (Rural Density Residential) and to rezone the
property from R-E (Residence Estates) to R-1 (Single Family Residential) for a future singlefamily, detached residential subdivision on 5.00 acres of undeveloped land on the northwest
corner of Elkhorn Road and Grand Canyon Drive. The proposed changes are appropriate and
compatible with adjacent land uses. The R (Rural Density Residential) land use and
corresponding R-1 (Single Family Residential) zoning district are appropriate buffering
designations between the larger Clark County residential properties on the west and north with
the higher density residential properties on the east and south side of the proposed site. Staff
supports these requests.
There has been a steady increase in the demand for single-family residential dwellings in the
Centennial Hills Sector Plan area. In 2014, 1,118 new building permits were issued for singlefamily homes and in 2015, 1,194 permits were issued for the same. This was a 6.8 percent
increase and this upward trend has continued into 2016. The demand for new housing permits

YK

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Staff Report Page Two
July 12, 2016 - Planning Commission Meeting

city wide, was even greater at over 11 percent. The proposed land use and zoning for this
vacant, undeveloped 5.00 acre parcel will help meet this increased demand for new housing units
in the northwest portion of the City.
The applicant is proposing private streets that are not designed to public street standards as
required. This is problematic for the City if the proposed community should choose to turn the
streets over to the City to maintain in the future. The required Waiver to allow this is not
supported by staff.
In addition to proposing private streets that are not designed to public standards, the applicant is
also requesting to not install required lights on these streets. This does not foster a safe Walkable
Community that is one of the Citys goals. As a result, staff cannot support this Waiver that is
needed to allow no streetlights to be installed on the interior streets.
The submitted east/west cross sections depict 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 2%, is allowed a maximum 6-foot retaining wall. A 4.5-foot maximum retaining is shown
on the east property line and no retaining is shown on the west property line.
The submitted north/south cross section depicts maximum natural grade less than 2% across this
site. Per the Tables in Subdivision Code 19.06.050 a development with natural slope less than
2%, is allowed a maximum 4-foot retaining wall. A 3-foot maximum retaining wall is shown on
the north property line and a 2-foot retaining wall is shown on the south property line.
The Clark County School District projects that approximately seven primary and secondary
school students will be generated by this proposed development. Two of the three schools
serving the area (Sandra L Thompson Elementary School and Arbor View High School) are over
capacity for the 2015-16 school year. Edmundo Sr. Escobedo Middle School also serves the
area, but has not reached capacity.
In summary, staff supports the requested General Plan Amendment and Rezoning requests as
they are appropriate of the area. However, staff does not support the two requested Waivers or
the associated Tentative Map and recommends denial of these applications.

FINDINGS (GPA-64786)
Section 19.16.030(I) of the Las Vegas Zoning Code requires that the following conditions be met
in order to justify a General Plan Amendment:
1.

The density and intensity of the proposed General Plan Amendment is compatible
with the existing adjacent land use designations,

YK

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Staff Report Page Three
July 12, 2016 - Planning Commission Meeting

The proposed R (Rural Density Residential) General Plan designation is consistent with
the adjacent larger lot single-family residential land uses surrounding the subject site on
the north and west.
2.

The zoning designations allowed by the proposed amendment will be compatible with
the existing adjacent land uses or zoning districts,
The zoning designations allowed by the proposed amendment are compatible with the
existing adjacent land uses and zoning districts.

3.

There are adequate transportation, recreation, utility, and other facilities to


accommodate the uses and densities permitted by the proposed General Plan
Amendment; and
There are existing transportation, recreation, utility and other facilities that are adequate to
accommodate the uses and densities permitted by the proposed General Plan Amendment.

4.

The proposed amendment conforms to other applicable adopted plans and policies
that include approved neighborhood plans.
There are no other plans or policies that would be applicable to the site.

FINDINGS (ZON-64787)
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 R-1 (Single Family Residential) zoning district conforms to the proposed
General Plan Amendment related to this request.

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 use that will be allowed on the subject site is at an
appropriate density with the surrounding properties and is therefore, compatible with the
residential uses and zoning designations of these surrounding properties.

3.

Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.

YK

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Staff Report Page Four
July 12, 2016 - Planning Commission Meeting

As the local economic conditions improve, the City is seeing an increased demand for new
residential construction. New residential zoning districts at an appropriate density will
help meet this demand.
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 off Grand Canyon Drive, identified as a 100-foot
Primary Arterial on the Master Plan of Streets and Highways. This has adequate capacity
to meet the traffic expected to be generated by this project.

FINDINGS (WVR-64788)
The requested Waiver to allow no streetlights on the interior streets of a proposed 17-lot
residential subdivision does not further the goals of the Citys Complete Street Standards or the
Walkability of the neighborhood. Staff does not support this Waiver request.
FINDINGS (WVR-64789)
The requested Waiver to allow private streets to be developed to non-public street standards
behind a gate is not supported by staff. The goal of the Citys Complete Street Standard is not
advanced by permitting residential streets to be narrowed.
FINDINGS (TMP-64790)
The proposed Tentative Map conforms to Nevada Revised Statues. However, the project
requires two Waivers from Title 19 Development Standards. Staff does not support these
Waivers; as result, staff does not support the Tentative Map request and recommends denial.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved Annexation (ANX-62934) for five acres located
03/16/16
on the southwest corner of North Grand Canyon Drive and Solar Avenue.
The effective date was 03/25/16.

Most Recent Change of Ownership


12/28/15
A deed was recorded for a change in ownership.

YK

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Staff Report Page Five
July 12, 2016 - Planning Commission Meeting

Related Building Permits/Business Licenses


There are no related permits or business licenses on file at this time.

Pre-Application Meeting
Staff met with the applicant and the owners of the property located on the
northwest corner of Grand Canyon Drive and Elkhorn Drive for a proposed
17-lot residential subdivision. During this meeting, the owners agreed to
05/18/16
design the project with no Variances or Waivers. However, if the new design
still required them, they would be included in the justification letter with the
application.

Neighborhood Meeting
Start: 6:30

End: 7:40

Attendees: 1 Applicant, 2 CLV Staff, 34 Members of the Public


Residents present were not in favor of the proposed project. Several
mentioned that no more than 10 lots should be allowed on the site. Specific
points that were brought up more than once:

06/13/16

The project is too dense for the area;


The project isnt a good transition from the R-1 (Single Family
Residential) on the east to the R-E (Residence Estates) on the west;
Keep the area as rural as possible;
Concerned that a Home Building isnt part of the project;
The proposed lots are not large enough for the area;
The applicant may agree to a condition to limit development to singlestory, but would check with owner;
Many wondered why the owner wasnt present at the meeting.
The applicant indicated that they may hold another meeting if the
proposed project changes.

The two most important concerns that were raised:

What does the grading plan look like? Residents dont want the
foundations of the homes to be higher than 18-inches from the
centerline of the street; and
The density proposed is too high and is not compatible with the rural
County Island.

YK

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Staff Report Page Six
July 12, 2016 - Planning Commission Meeting

Field Check
06/02/16

Staff visited the site and found an undeveloped parcel. No issues were noted
at the time.

Details of Application Request


Site Area
Net Acres
5.00

Surrounding
Property

Existing Land Use


Per Title 19.12

Subject Property

Undeveloped

North

Single Family,
Detached

South

Undeveloped

East

West

Single Family,
Detached
Single Family,
Detached
Undeveloped

Planned or Special
Land Use Designation
RNP (Rural
Neighborhood
Preservation)
RNP (Rural
Neighborhood
Preservation) Clark
County
RNP (Rural
Neighborhood
Preservation)
R (Rural Density
Residential)
RNP (Rural
Neighborhood
Preservation) Clark
County

Existing Zoning District


R-E (Residence Estates)
R-E (Rural Estate
Residential District) Clark
County
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
R-E (Rural Estate
Residential District) Clark
County

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

YK

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Staff Report Page Seven
July 12, 2016 - Planning Commission Meeting

DEVELOPMENT STANDARDS
Pursuant to Title 19.02 and 19.06.070, the following standards apply:
Standard
Required/Allowed
Provided
Min. Lot Size
6,500 SF
6,510 SF
Min. Lot Width
60 Feet
60 Feet
Min. Setbacks
Front
20 Feet
20 Feet
Side
5 Feet
5 Feet
Corner
15 Feet
15 Feet
Rear
15 Feet
20 Feet
Max. Lot Coverage
50 %
50 %
Max. Building Height
35 Feet
35 Feet
Mech. Equipment
Screened
Screened

General Plan
RNP (Rural Neighborhood
Preservation)
Proposed General Plan
R (Rural Density Residential)
Existing Zoning
R-E (Residence Estates)
Proposed Zoning
R-1 (Single Family
Residential)

Compliance
Y
Y
Y
Y
Y
Y
Y
Y
Y

Permitted Density

Units Allowed

2.00

10

Permitted Density
3.59
Permitted Density
2.00
Permitted Density

Units Allowed
17
Units Allowed
10
Units Allowed

3.59

17

Street Name

Functional
Classification of
Street(s)

Grand Canyon Drive

Primary Arterial

Elkhorn Road

Primary Arterial

Solar Avenue

Minor Collector

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

Actual
Street Width
(Feet)

Compliance
with Street
Section

100

100

60

YK

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Staff Report Page Eight
July 12, 2016 - Planning Commission Meeting

19.04.040 Connectivity
Transportation Network Element
Internal Street
Intersection Internal
Cul-de-sac Terminus
Intersection External Street or Stub Terminus
Intersection Stub Terminus w/ Temporary Turn Around
Easements
Non-Vehicular Path - Unrestricted
Total
Required
Connectivity Ratio (Links / Nodes):
1.30
Streetscape Standards

Required

Elkhorn Road

Three-foot amenity area


and a five-foot wide
sidewalk.

Grand Canyon Drive

Three-foot amenity area


and a five-foot wide
sidewalk.

# Links
3

# Nodes
1
2

1
4

3
Provided
1.33

Provided
Five-foot amenity area,
five-foot wide sidewalk and
a five-foot wide landscaped
area
Five-foot amenity area,
five-foot wide sidewalk and
a five-foot wide landscaped
area

Compliance
Y*

Y**

Five-foot amenity area


Five-foot amenity wide
and a five-foot wide
Y**
sidewalk.
sidewalk.
*PW has agreed to a deviation of the standards in order to match the existing conditions to the
east of the project.
**PW has agreed to a deviation of the standards in order to match the existing conditions to the
east of the project.
***PW has agreed to a deviation of the standards in order to transition to the Clark County rightof-way to the west of the project.
Solar Avenue Minor
Collector

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,
17
2 per lot
34
Detached
34
34
Y
TOTAL SPACES REQUIRED
34
0
34
0
Y
Regular and Handicap Spaces Required
YK

A 7 7 A b A 7

GPA-64786

b 7 7 7

A 777777

77 7 7 *77
77A *77
77 7 7 *

77777* 777 777 777b 7b 7


7b 77777777777 7
7 7777 7777777
77777 777

7 7

77777 777b 7b 77 7b 7 7

7777777777 7 77b 7 7
77A 777A 7 7 77777 777
777777
b 7

A
77 7

7 *
77 77

7 A

7 7 77

7777b 7

777

7A 7 77

A 7 * 7 7

7 7b 77 *7

A 7 77

77

77 7
A

7 777 7777
b 7 7 77
7A 7

77

7A 7 7

77

A 7 7A
7 7 *777
A 77 *7 7

b 77
77 7
77

7 7

b 7 7 7
7A 7

A b A 7 A 7A 7b 7

b 77
7777

A 77 *7

7 7

b 7

7A 7
A 7 A b 7 b 7b

b 7 7 *

A 77b 7b 7

7777 77

b 7

7A 7 7

77 777 777777 7

7 77 77*777777777

7 7 7

7
7 7 7 *77
777 777

7 A 7 7
7777 7

77 77

7 77777b 7

GPA-64786

7 A

7 7 77
7

7A 77

77 77777 7

7777 77

77 777
777

A 77 *A 7

77A 7 A 7A

7 b 7b

7b

7b

77 7A
7

77 7b 7A

77 A77

7A

77A

777

A77 777A

777

77

b
b
b777b
77

7
7

77

77
7
77

77

77

b77
b
7b
b

77

b777b

7777

77 77

b777b


774
4
7

57775
5
5

777

777

5bb 5
5bb775
b47b
b4 b

77 A 7 A 7

77 7 A

77 7

77b 7 A 7b

77 A 7b 7

A 7

77 7

77 A 7A

77A 7A 7

777

7  7 A 7

77 7b 7

7 7

77 A

7A7bA7

77 7A 7b

77 A 7A

77 b A 7b

77 A7A

7 A

777

b777b

b b
b777b
b

b7777b
b

7

7777 7
7 77777777 7b
7 77 777 7
777 77777

7 7
77 7 7

b77

7777

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790

A7b

bA77A7b

7 7 7
7 7 7 7
7 7 7

Ab7 bA

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790

GPA-64786 [PRJ-64704] - GENERAL PLAN AMENDMENT RELATED TO ZON-64787, WVR-64788, WVR64789 AND TMP-64790 - APPLICANT/ OWNER: KULKA LAND, LLC
NORTHWEST CORNER OF ELKHORN ROAD AND GRAND CANYON DRIVE
06/02/16

GPA-64786 [PRJ-64704] - GENERAL PLAN AMENDMENT RELATED TO ZON-64787, WVR-64788, WVR64789 AND TMP-64790 - APPLICANT/ OWNER: KULKA LAND, LLC
NORTHWEST CORNER OF ELKHORN ROAD AND GRAND CANYON DRIVE
06/02/16

GPA-64786 [PRJ-64704] - GENERAL PLAN AMENDMENT RELATED TO ZON-64787, WVR-64788, WVR64789 AND TMP-64790 - APPLICANT/ OWNER: KULKA LAND, LLC
NORTHWEST CORNER OF ELKHORN ROAD AND GRAND CANYON DRIVE
06/02/16

GPA-64786 [PRJ-64704] - GENERAL PLAN AMENDMENT RELATED TO ZON-64787, WVR-64788, WVR64789 AND TMP-64790 - APPLICANT/ OWNER: KULKA LAND, LLC
NORTHWEST CORNER OF ELKHORN ROAD AND GRAND CANYON DRIVE
06/02/16

77

b777
7
777
777

7b77b77
A7
7777b
7 7 7 7 7 7 7 7 87 7 b7 7 7
777777777777A77b7b
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7 7 7 7 b7 7 7 87 7 7 7 b7 7 7 7 7
7 7 7 7 7 7 7 7 7 7 7 7 7 b7 7 7 7
7777777777
77A7A7
7 7 7 7 7 7 7 7 7 7 7 7 7 7
777
7b7b7
7777777777777777777
777777777777777
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
777777777777777
777777
777777
777b7777777
777b77b777777
777777777777777
7 7 7 7 7 7 7 7 b7 7 7 87 7 7 7 7
77777777777777b77777
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7777777
777
777777777777777
7 7 7 7 b7 7 7 7 7 b7 7 7 7 7 7 7 7

7777777777777777


7777777777777777777
7

7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7
8
8


77777777777777787777



7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7
7
7

777

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790


7777777777
7777

777

7777777777777
77777
7

7b77

877

b77
7
7
7

77
7

7
77877
877

777877
777
7877
77
77

77b7

77b7

7A7

777

7777
777787
777

77
b77

777

7777777b7787777777
7787777777777

77
A7777777777777777
7777777777777777777
777777777778777777777
77777777777778777
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 87 7 7
7777
77
A7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7777777777777777
777J7777777777777
7777777877777777777
7 7 7 7 7 7 7 87 7 7 7 7 7 7

7777777777
7777

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790

777

7777777777A
7 7 7 7 7 7 7 7 7 7 7 7 7
7777777777
77777777
87

7L87

7777777777
7777

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790

Agenda Item No.: 52.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ZON-64787 - REZONING RELATED TO GPA-64786 - PUBLIC HEARING - APPLICANT/
OWNER: KULKA LAND, LLC - For possible action on a request for a Rezoning FROM: R-E
(RESIDENCE ESTATES) TO: R-1 (SINGLE FAMILY RESIDENTIAL) on 5.0 acres at the
northwest corner of Elkhorn Road and Grand Canyon Drive (APN 125-18-403-003), Ward 6
(Ross) [PRJ-64704]. Staff recommends APPROVAL.
C.C.: 8/17/2016
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. Consolidated Backup
2. Location and Aerial Maps - ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ64704]
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.

A 7 7 A b A 7

ZON-64787

b 7 7 7

A 777777

77 7 7 *77
77A *77
77 7 7 *

77777* 777 777 777b 7b 7


7b 77777777777 7
7 7777 7777777
77777 777

7 7

77777 777b 7b 77 7b 7 7

7777777777 7 77b 7 7
77A 777A 7 7 77777 777
777777
b 7

A
77 7

7 *
77 77

7 A

7 7 77

7777b 7

777

7A 7 77

A 7 * 7 7

7 7b 77 *7

A 7 77

77

77 7
A

7 777 7777
b 7 7 77
7A 7

77

7A 7 7

77

A 7 7A
7 7 *777
A 77 *7 7

b 77
77 7
77

7 7

b 7 7 7
7A 7

A b A 7 A 7A 7b 7

b 77
7777

A 77 *7

7 7

b 7

7A 7
A 7 A b 7 b 7b

b 7 7 *

A 77b 7b 7

7777 77

b 7

7A 7 7

77 777 777777 7

7 77 77*777777777

7 7 7

7
7 7 7 *77
777 777

7 A 7 7
7777 7

77 77

7 77777b 7

ZON-64787

7 A

7 7 77
7

7A 77

77 77777 7

7777 77

77 777
777

A 77 *A 7

77A 7 A 7A

7 b 7b

7b

77 7A
7

77 7b 7A

7A

77A7

77
7

77


7

b77b
b
b

A777A

77 7

77
7

77

77 7

77 7

777

b77b
b b

b77

b 7b
b

b 777b
b

b 77
7b
b

77

7b

b 77

b

77
7

b 7
b77

5
5

b
b 77


7b
b

77 >

77
7
777 7>

b77 >
b

77A
77
7
77 7
7 75
77 7
75

77 A 7 A 7

77 7 A

77 7

77b 7 A 7b

77 A 7b 7

A 7

77 7

77 A 7A

77 A77

777

7  7 A 7

77A 7A 7

7 7

7b

77 7b 7

77 7A 7b

77 A 7A

77 b A 7b

77 A

7A7bA7

77 A7A

7 A

777
7

7777 7
7 77777777 7b
7 77 777 7
777 77777

7 7
77 7 7

b7

7777

Agenda Item No.: 53.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
WVR-64788 - WAIVER RELATED TO GPA-64786 AND ZON-64787 - PUBLIC HEARING APPLICANT/ OWNER: KULKA LAND, LLC - For possible action on a request for a Waiver
TO ALLOW NO STREETLIGHTS WHERE SUCH ARE REQUIRED on 5.0 acres at the
northwest corner of Elkhorn Road and Grand Canyon Drive (APN 125-18-403-003), R-E
(Residence Estates) Zone [PROPOSED: R-1 (Single Family Residential)], Ward 6 (Ross) [PRJ64704]. Staff recommends DENIAL.
C.C.: 8/17/2016
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 7 7 A b A 7

WVR-64788

b 7 7 7

A 777777

77 7 7 *77
77A *77
77 7 7 *

77777* 777 777 777b 7b 7


7b 77777777777 7
7 7777 7777777
77777 777

7 7

77777 777b 7b 77 7b 7 7

7777777777 7 77b 7 7
77A 777A 7 7 77777 777
777777
b 7

A
77 7

7 *
77 77

7 A

7 7 77

7777b 7

777

7A 7 77

A 7 * 7 7

7 7b 77 *7

A 7 77

77

77 7
A

7 777 7777
b 7 7 77
7A 7

77

7A 7 7

77

A 7 7A
7 7 *777
A 77 *7 7

b 77
77 7
77

7 7

b 7 7 7
7A 7

A b A 7 A 7A 7b 7

b 77
7777

A 77 *7

7 7

b 7

7A 7
A 7 A b 7 b 7b

b 7 7 *

A 77b 7b 7

7777 77

b 7

7A 7 7

77 777 777777 7

7 77 77*777777777

7 7 7

7
7 7 7 *77
777 777

7 A 7 7
7777 7

77 77

7 77777b 7

WVR-64788

7 A

7 7 77
7

7A 77

77 77777 7

7777 77

77 777
777

A 77 *A 7

Agenda Item No.: 54.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
WVR-64789 - WAIVER RELATED TO GPA-64786, ZON-64787 AND WVR-64788 PUBLIC HEARING - APPLICANT/ OWNER: KULKA LAND, LLC - For possible action on a
request for a Waiver TO ALLOW PRIVATE STREETS TO BE DEVELOPED TO NONPUBLIC STREET STANDARDS BEHIND A GATE on 5.0 acres at the northwest corner of
Elkhorn Road and Grand Canyon Drive (APN 125-18-403-003), R-E (Residence Estates) Zone
[PROPOSED: R-1 (Single Family Residential)], Ward 6 (Ross) [PRJ-64704]. Staff recommends
DENIAL.
C.C.: 8/17/2016
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 7 7 A b A 7

WVR-64789

b 7 7 7

A 777777

77 7 7 *77
77A *77
77 7 7 *

77777* 777 777 777b 7b 7


7b 77777777777 7
7 7777 7777777
77777 777

7 7

77777 777b 7b 77 7b 7 7

7777777777 7 77b 7 7
77A 777A 7 7 77777 777
777777
b 7

A
77 7

7 *
77 77

7 A

7 7 77

7777b 7

777

7A 7 77

A 7 * 7 7

7 7b 77 *7

A 7 77

77

77 7
A

7 777 7777
b 7 7 77
7A 7

77

7A 7 7

77

A 7 7A
7 7 *777
A 77 *7 7

b 77
77 7
77

7 7

b 7 7 7
7A 7

A b A 7 A 7A 7b 7

b 77
7777

A 77 *7

7 7

b 7

7A 7
A 7 A b 7 b 7b

b 7 7 *

A 77b 7b 7

7777 77

b 7

7A 7 7

77 777 777777 7

7 77 77*777777777

7 7 7

7
7 7 7 *77
777 777

7 A 7 7
7777 7

77 77

7 77777b 7

WVR-64789

7 A

7 7 77
7

7A 77

77 77777 7

7777 77

77 777
777

A 77 *A 7

Agenda Item No.: 55.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
TMP-64790 - TENTATIVE MAP RELATED TO GPA-64786, ZON-64787, WVR-64788,
AND WVR-64789 - ELKHORN & GRAND CANYON - PUBLIC HEARING - APPLICANT/
OWNER: KULKA LAND, LLC - For possible action on a request for a Tentative Map FOR A
17-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION on 5.0 acres at the northwest
corner of Elkhorn Road and Grand Canyon Drive (APN 125-18-403-003), R-E (Residence
Estates ) Zone [PROPOSED: R-1 (Single Family Residential)], (Ward 6 (Ross) [PRJ-64704].
Staff recommends DENIAL.
C.C.: 8/17/2016
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 7 7 A b A 7

TMP-64790

b 7 7 7

A 777777

77 7 7 *77
77A *77
77 7 7 *

77777* 777 777 777b 7b 7


7b 77777777777 7
7 7777 7777777
77777 777

7 7

77777 777b 7b 77 7b 7 7

7777777777 7 77b 7 7
77A 777A 7 7 77777 777
777777
b 7

A
77 7

7 *
77 77

7 A

7 7 77

7777b 7

777

7A 7 77

A 7 * 7 7

7 7b 77 *7

A 7 77

77

77 7
A

7 777 7777
b 7 7 77
7A 7

77

7A 7 7

77

A 7 7A
7 7 *777
A 77 *7 7

b 77
77 7
77

7 7

b 7 7 7
7A 7

A b A 7 A 7A 7b 7

b 77
7777

A 77 *7

7 7

b 7

7A 7
A 7 A b 7 b 7b

b 7 7 *

A 77b 7b 7

7777 77

b 7

7A 7 7

77 777 777777 7

7 77 77*777777777

7 7 7

7
7 7 7 *77
777 777

7 A 7 7
7777 7

77 77

7 77777b 7

TMP-64790

7 A

7 7 77
7

7A 77

77 77777 7

7777 77

77 777
777

A 77 *A 7

TMP-64790

TMP-64790

TMP-64790

TMP-64790

A7b

bA77A7b

TMP-64790

7
7

7 7 7
7 7 7 7
7 7 7

Ab7 bA

TMP-64790

A 7 A 7b b

A 7 A 7b

7777777777 7
777 7
77 77 7

A 77 777777777

7777 7 7
7777
77 77

777777

7777777

7
7

7
7

7777777
77b 7 777 77
77777 77777

777777

777 7

77

777777 7 77
777 777 7777
7777 77777 7

777*7 7 77 7
7777

777777

7
77

77777

77 77777 77 7

7777 77 7

77777777

777777 7 7
777 7777777

77

77777777

7 7777 7777

7777777

7777 7 7777 7
7 7777
777777
7777777 77
77
777

7777 777

777777777777

77 7 77 7

A 7 A

7 7 77777777

7777 77 77

7777 7777

7 7777777

77777

7 7 7 7 7777
7 777 *77777
7 77777 777

A 77 7777777 7 77
7777
7 77777777
A 777 7b 7

77777777777 7

7 77
777

7777

7 7 7 77

7 7
77

777

7 7 77b 7 A 7

TMP-64790

A 7 *7 7b *7

TMP 64790
Kulka Land, LLC

NWC Elkhorn Road & Grand Canyon Drive


Proposed 17 single family unit residential development.
Proposed Use
Average Daily Traffic (ADT)
AM Peak Hour

9.57
SINGLE FAMILY DETACHED [DWELL]

PM Peak Hour

17

0.75
1.01

163
13
17

Existing traffic on nearby streets:


Elkhorn Road
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

2,364
189

Grand Canyon Drive


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

2,929
234

Traffic Capacity of adjacent streets:


Elkhorn Road
Grand Canyon Drive

Adjacent Street ADT Capacity


22,860
20,320

This project will add approximately 163 trips per day on Elkhorn Rd. and Grand Canyon Dr. Elkhorn is currently at about 10
percent of capacity and Grand Canyon is at about 14 percent of capacity. After this project, Elkhorn is expected to be at
about 11 percent of capacity and Grand Canyon to be at about 15 percent of capacity.
Based on Peak Hour use, this development will add into the area roughly 17 additional cars, or about two every seven
minutes.
Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 56.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
GPA-64830 - GENERAL PLAN AMENDMENT - PUBLIC HEARING APPLICANT/OWNER: MABUHAY COMMERCIAL INVESTMENT 4, LLC - For possible
action on a request for a General Plan Amendment FROM: R (RURAL DENSITY
RESIDENTIAL) TO: O (OFFICE) on 1.21 acres at the northeast corner of Centennial Parkway
and Tenaya Way (APN 125-22-804-001), Ward 6 (Ross) [PRJ-64767]. Staff recommends
DENIAL.
C.C.: 8/17/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL
BACKUP DOCUMENTATION:
1. Abeyance Request Email - GPA-64830 and ZON-64833 [PRJ-64767].pdf
2. Location and Aerial Maps
3. Staff Report - GPA-64830 and ZON-64831 [PRJ-64767]
4. Supporting Documentation
5. Photo(s) - GPA-64830 and ZON-64831 [PRJ-64767]
6. Justification Letter - GPA-64830 and ZON-64831 [PRJ-64767]

By Nora Lares at 4:17 pm, Jun 14, 2016

Nora Lares
Subject:

FW: Abeyance GPA's PRJ 64767 / 64769 / 64770

From: Moriah Curran [mailto:mcurran@10nine.com]


Sent: Tuesday, June 14, 2016 3:31 PM
To: Nicole Eddowes
Cc: Ben Girardin
Subject: Abeyance GPA's PRJ 64767 / 64769 / 64770

Nicole,thisisaformalrequestforabeyanceofPRJ64767,PRJ64769,andPRJ64770.Wearerequestinganabeyance
untiltheSeptember13th,2016PlanningCommissionmeeting.ThiswillallowtimetodeveloptheSDRpackageandour
neighborhoodmeetingsareallscheduledatthispointfortheGPA/Rezoneportionoftheentitlementprocess.

Ifyouhaveanyquestionspleasedonthesitatetocalloremail,

-Thanks!!!


Moriah Curran
Administrative Assistant


10 NINE DESIGN GROUP
801 Las Vegas Blvd., South #150
Las Vegas, NV 89101
P: 702-835-7000 ext. 111
F: 702-835-7001
C: 702-816-0923


GPA-64830 and ZON-64831 [PRJ-64767]


GPA-64834 and ZON-64833 [PRJ-64769]
GPA-64835 and ZON-64836 [PRJ-64770]
1

GPA-64830 and ZON-64831 [PRJ-64767]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY 12, 2016
DEPARTMENT:
PLANNING
ITEM
DESCRIPTION:
APPLICANT/OWNER:
MABUHAY
INVESTMENT 4, LLC

COMMERCIAL

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
GPA-64830
ZON-64831

RECOMMENDATION
Staff recommends DENIAL.
Staff recommends DENIAL.

REQUIRED FOR
APPROVAL
GPA-64830

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

62

APPROVALS

PROTESTS

21

SS

GPA-64830 and ZON-64831 [PRJ-64767]


Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting to amend the Centennial Hills Sector Land Use Plan of the General
Plan to change the land use designation from R (Rural Density Residential) to O (Office) on an
undeveloped 1.21-acre parcel at the northeast corner of Centennial Parkway and Tenaya Way.
Approval of the General Plan Amendment would allow for rezoning of the parcel from U
(Undeveloped) to O (Office), also a part of this request. There are no formal development plans
for the site at this time. The applicant has requested to abey the items in order to bring forward
specific site development plans at a future date.

ISSUES

The site is located east of the eastern boundary of the Town Center Master Plan area. One
objective of the Centennial Hills Sector Plan is to protect existing residential neighborhoods
from sprawling commercial and office development by limiting such uses to the Town
Center area. This request does not meet the intent of the Centennial Hills Sector Plan.
There are no formal development plans for the site at this time. The applicant has requested
to abey the items to the 08/13/16 Planning Commission meeting in order to bring forward
specific site development plans with these requests.

ANALYSIS
The site is located on undeveloped land in a rural residential area. The R (Rural Density
Residential) land use designation allows for single-family dwellings and related neighborhood
uses of up to 3.59 dwelling units per acre. Per Title 19, the U (Undeveloped) zoning district
functions as a temporary classification to be used until property is ready for development for a
more intense, permanent use. This classification is intended to be used as a holding zone to
prevent the premature, haphazard development of property.
The O (Office) land use category provides for small lot office conversions as a transition along
primary and secondary streets from residential and commercial uses, and for large planned office
areas. Permitted uses include business, professional and financial offices as well as offices for
individuals, civic, social, fraternal and other non-profit organizations. Centennial Parkway is a
Major Collector that carries traffic east-west north of the CC 215 Beltway, but is not fully
improved at this time.

SS

GPA-64830 and ZON-64831 [PRJ-64767]


Staff Report Page Two
July 12, 2016 - Planning Commission Meeting

Section 3.2 of the Centennial Hills Sector Plan of the City of Las Vegas General Plan
specifically states that the intent of the Centennial Hills Town Center concept is to prevent the
sprawl of commercial and office projects into developing residential neighborhoods which exist
in the Centennial Hills Sector Plan Area by centrally locating the Centennial Hills Town Center
around the Beltway/Highway 95 interchange. The subject property is not located within the
Town Center Master Plan Area, but rather in an adjacent area that is surrounded by property
designated O (Office) to the north, OP (Office Professional Clark County) to the east, and SXTC (Suburban Mixed Use Town Center) to the west. Clark County 215 lies south of
Centennial Parkway. The Office designation was introduced into the area in 2008 after the
parcel to the north of this site was approved for such uses. However, staff did not support that
land use change, and no commercial development has since commenced on that site.
The neighboring property to the west of this site is located within the Town Center Master Plan
Area with a designation of SX-TC (Suburban Mixed Use Town Center). That site is approved
for multi-family residential development. Staff maintains that it would be inappropriate to
designate property adjacent to Town Center from residential to commercial in order to facilitate
the type of commercial uses that are intended to be located within the Town Center area.
Therefore, denial of the General Plan Amendment and related Rezoning request are
recommended. If denied, the site would retain the existing R (Rural Density Residential) land
use designation and U (Undeveloped) zoning district designation.

FINDINGS (GPA-64830)
Section 19.16.030(I) of the Las Vegas Zoning Code requires that the following conditions be met
in order to justify a General Plan Amendment:
1.

The density and intensity of the proposed General Plan Amendment is compatible
with the existing adjacent land use designations,
The proposed O (Office) land use designation for this site is compatible with the O
(Office) designation on the parcel directly to the north of this site and with the OP (Office
Professional) designation on the adjacent parcels to the east in Clark Countys jurisdiction.
However, the intensity of the proposed amendment is not compatible with the RN (Rural
Neighborhood Clark County) designation on properties north and south of Bilpar Road
that make up this neighborhood.

2.

The zoning designations allowed by the proposed amendment will be compatible with
the existing adjacent land uses or zoning districts,
Approval of the proposed amendment to O (Office) would allow for an O (Office) zoning
designation. Staff finds that this zoning district would be compatible with the zoning on
the parcel directly to the north, but would not be compatible with the adjacent low density
single-family residential uses in the remainder of the neighborhood.
SS

GPA-64830 and ZON-64831 [PRJ-64767]


Staff Report Page Three
July 12, 2016 - Planning Commission Meeting

3.

There are adequate transportation, recreation, utility, and other facilities to


accommodate the uses and densities permitted by the proposed General Plan
Amendment; and
The area west of this site is beginning to develop as a large multi-family residential
development with access to commercial uses. Eastbound Centennial Parkway narrows to a
two-lane thoroughfare at the intersection of Tenaya Way. Tenaya Way provides vehicular
access over the CC 215 Beltway and can accommodate the increased capacity for traffic
generated by commercial uses on the subject site. Some utility infrastructure is not yet in
place and would be required as the area becomes more developed.

4.

The proposed amendment conforms to other applicable adopted plans and policies
that include approved neighborhood plans.
Because this site is not located within the Town Center Plan Area, staff finds that this
request is in conflict with Section 3.2 of the Centennial Hills Sector Plan, which states
that the intent of the Centennial Hills Town Center concept is to prevent the sprawl of
commercial and office projects into developing residential neighborhoods by centrally
locating the Centennial Town Center around the Beltway/Highway 95 interchange.
The concentration of economic activities within the Town Center area will aid in the
preservation of the rural lifestyle which exists in most of the residential neighborhoods
located within the Centennial Hills area.

FINDINGS (ZON-64831)
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.


If the companion application for a General Plan Amendment (GPA-64830) to O (Office)
land use designation is approved, the proposed Rezoning to O (Office) would conform to
the General Plan.

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.
If approved, the O (Office) zoning district would allow for both single-lot business,
professional and financial offices and large planned office complexes. Low intensity
office uses may provide a transition to more intense commercial uses from the existing
rural residential uses in the neighborhood east of Tenaya Way.

SS

GPA-64830 and ZON-64831 [PRJ-64767]


Staff Report Page Four
July 12, 2016 - Planning Commission Meeting

3.

Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
The Centennial Hills Sector Plan identifies the U.S. 95/I-215 interchange west of the
subject site as the area where commercial development in the Northwest should be
centered in order to aid to preserving the rural lifestyle that already exists in this area. The
requested rezoning will therefore not meet any identified existing need for commercially
zoned property in this area.

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 abutting streets (Centennial Parkway and Tenaya Way) are planned as a 100-foot wide
Primary Arterial and 80-foot Secondary Collector respectively according to the Master
Plan of Streets and Highways. Each would carry adequate capacity for traffic generated by
office-intensity commercial uses on the subject site.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a Petition to Annex (A-0024-00) approximately
12/05/01
1.32 acres at the southeast corner of Bilpar Road and Tenaya Way. The
Annexation became effective 12/14/01.
The Planning Commission tabled a request to amend the General Plan (GPA3032) to change the land use designation from R (Rural Density Residential)
to SC (Service Commercial) on 1.21 acres at the northeast corner of
Centennial Parkway and Tenaya Way. Staff had recommended denial.
The Planning Commission tabled a request for a Rezoning (ZON-3033) from
U (Undeveloped) [R (Rural Density Residential) General Plan Designation] to
01/08/04
C-1 (Limited Commercial) on 1.21 acres at the northeast corner of Centennial
Parkway and Tenaya Way. Staff had recommended denial.
The Planning Commission tabled a request for a Site Development Plan
Review (SDR-3034) for a proposed 5,600 square-foot retail building on 1.21
acres at the northeast corner of Centennial Parkway and Tenaya Way. Staff
had recommended denial.

Most Recent Change of Ownership


10/26/04
A deed was recorded for a change in ownership.

SS

GPA-64830 and ZON-64831 [PRJ-64767]


Staff Report Page Five
July 12, 2016 - Planning Commission Meeting

Related Building Permits/Business Licenses


There are no building permits or business licenses related to this site.

Pre-Application Meeting
A pre-application meeting was conducted with the applicant to review the
05/24/16
application materials and submittal requirements for the proposed General
Plan Amendment and Rezoning requests.

Neighborhood Meeting
A neighborhood meeting was held at the Centennial Hills YMCA, 6601 North
07/05/16
Buffalo Road, Las Vegas. Details will be made available at the Planning
Commission meeting of July 12, 2016.

Field Check
06/02/16

The site is undeveloped.

Details of Application Request


Site Area
Net Acres
1.21

Surrounding
Property

Existing Land Use


Per Title 19.12

Subject Property

Undeveloped

North
South

Undeveloped
Right-of-Way

East

Single Family,
Detached

West

Undeveloped
(approved MultiFamily Residential)

Master Plan Areas


No Applicable Master Plan Area

Planned or Special
Land Use Designation
R (Rural Density
Residential)
O (Office)
ROW (Right-of-Way)
OP (Office Professional)
Clark County
Designation
SX-TC (Suburban
Mixed Use Town
Center)

Existing Zoning District


U (Undeveloped)
O (Office)
ROW (Right-of-Way)
R-E (Rural Estates
Residential) Clark
County Designation
T-C (Town Center)

Compliance
N/A

SS

GPA-64830 and ZON-64831 [PRJ-64767]


Staff Report Page Six
July 12, 2016 - Planning Commission Meeting

Special Purpose and Overlay Districts


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

Compliance
N/A
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 Size
N/A
Min. Lot Width
100 Feet
Max. Lot Coverage
30 %
Max. Building Height
2 Stories/35 Feet

Existing Zoning
U (Undeveloped)
Proposed Zoning
C-1 (Limited Commercial)
Existing General Plan
R (Rural Density Residential)
Proposed General Plan
O (Office)

Site
52,708 SF
192 Feet
N/A
N/A

Permitted Density
2.18 du/ac
Permitted Density
N/A
Permitted Density
3.59 du/ac
Permitted Density
N/A

Street Name

Functional
Classification of
Street(s)

Centennial Parkway

Major Collector

Tenaya Way

Major Collector

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

Compliance
N/A
Y
N/A
N/A

Units Allowed
2
Units Allowed
N/A
Units Allowed
4
Units Allowed
N/A

Actual
Street Width
(Feet)

Compliance
with Street
Section

45

80

SS

GPA-64830

GPA-64830

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GPA-64830
[PRJ-64767]
GENERAL
PLAN
AMENDMENT
RELATED
APPLICANT/OWNER: MABUHAY COMMERCIAL INVESTMENT 4, LLC
NORTHEAST CORNER OF CENTENNIAL PARKWAY AND TENAYA WAY

TO

06/02/16

ZON-64831

GPA-64830
[PRJ-64767]
GENERAL
PLAN
AMENDMENT
RELATED
APPLICANT/OWNER: MABUHAY COMMERCIAL INVESTMENT 4, LLC
NORTHEAST CORNER OF CENTENNIAL PARKWAY AND TENAYA WAY

TO

06/02/16

ZON-64831

GPA-64830
[PRJ-64767]
GENERAL
PLAN
AMENDMENT
RELATED
APPLICANT/OWNER: MABUHAY COMMERCIAL INVESTMENT 4, LLC
NORTHEAST CORNER OF CENTENNIAL PARKWAY AND TENAYA WAY

TO

06/02/16

ZON-64831

GPA-64830
[PRJ-64767]
GENERAL
PLAN
AMENDMENT
RELATED
APPLICANT/OWNER: MABUHAY COMMERCIAL INVESTMENT 4, LLC
NORTHEAST CORNER OF CENTENNIAL PARKWAY AND TENAYA WAY

TO

06/02/16

ZON-64831

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GPA-64830 and ZON-64831 - REVISED

Agenda Item No.: 57.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ZON-64831 - REZONING RELATED TO GPA-64830 - PUBLIC HEARING APPLICANT/OWNER: MABUHAY COMMERCIAL INVESTMENT 4, LLC - For possible
action on a request for a Rezoning FROM: U (UNDEVELOPED) [R (RURAL DENSITY
RESIDENTIAL) GENERAL PLAN DESIGNATION] TO: O (OFFICE) on 1.21 acres at the
northeast corner of Centennial Parkway and Tenaya Way (APN 125-22-804-001), Ward 6 (Ross)
[PRJ-64767]. Staff recommends DENIAL.
C.C.: 8/17/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL
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.

ZON-64831

ZON-64831

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Agenda Item No.: 58.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
GPA-64834 - GENERAL PLAN AMENDMENT - PUBLIC HEARING APPLICANT/OWNER: FF SERIES HOLDINGS, LLC - For possible action on a request for a
General Plan Amendment FROM: R (RURAL DENSITY RESIDENTIAL) TO: O (OFFICE) on
0.50 acres at the southwest corner of Azure Drive and Starlight Drive (APN 125-27-610-024),
Ward 6 (Ross) [PRJ-64769]. Staff recommends DENIAL.
C.C.: 8/17/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL
BACKUP DOCUMENTATION:
1. Abeyance Request Email - GPA-64834 and ZON-64833 [PRJ-64769]
2. Location and Aerial Maps
3. Staff Report - GPA-64834 and ZON-64833 [PRJ-64769]
4. Supporting Documentation - GPA-64834 and ZON-64833 [PRJ-64769]
5. Photo(s) - GPA-64834 and ZON-64833 [PRJ-64769]
6. Justification Letter - GPA-64834 and ZON-64833 [PRJ-64769]
7. Protest Letter - GPA-64834 and ZON-64833 [PRJ-64769]

By Nora Lares at 4:17 pm, Jun 14, 2016

Nora Lares
Subject:

FW: Abeyance GPA's PRJ 64767 / 64769 / 64770

From: Moriah Curran [mailto:mcurran@10nine.com]


Sent: Tuesday, June 14, 2016 3:31 PM
To: Nicole Eddowes
Cc: Ben Girardin
Subject: Abeyance GPA's PRJ 64767 / 64769 / 64770

Nicole,thisisaformalrequestforabeyanceofPRJ64767,PRJ64769,andPRJ64770.Wearerequestinganabeyance
untiltheSeptember13th,2016PlanningCommissionmeeting.ThiswillallowtimetodeveloptheSDRpackageandour
neighborhoodmeetingsareallscheduledatthispointfortheGPA/Rezoneportionoftheentitlementprocess.

Ifyouhaveanyquestionspleasedonthesitatetocalloremail,

-Thanks!!!


Moriah Curran
Administrative Assistant


10 NINE DESIGN GROUP
801 Las Vegas Blvd., South #150
Las Vegas, NV 89101
P: 702-835-7000 ext. 111
F: 702-835-7001
C: 702-816-0923


GPA-64830 and ZON-64831 [PRJ-64767]


GPA-64834 and ZON-64833 [PRJ-64769]
GPA-64835 and ZON-64836 [PRJ-64770]
1

GPA-64834 and ZON-64833 [PRJ-64769]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY 12, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: FF SERIES HOLDINGS, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
GPA-64834
ZON-64833

RECOMMENDATION
Staff recommends DENIAL.
Staff recommends DENIAL.

REQUIRED FOR
APPROVAL
GPA-64834

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

100

APPROVALS

PROTESTS

23

NE

GPA-64834 and ZON-64833 [PRJ-64769]


Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The subject site is a vacant, undeveloped 0.50 acre lot located on the southwest corner of Azure
Drive and Starlight Drive. The applicant is requesting a General Plan Amendment from R (Rural
Density Residential) to O (Office), and to Rezone the subject site from U (Undeveloped) [R
(Rural Density Residential) General Plan Designation] to O (Office). At this time, there is no
development project associated with the requested changes in land use and zoning designations.

ISSUES

A General Plan Amendment has been requested to change the future land use designation on
the subject site from R (Rural Density Residential) to O (Office).
A Rezoning has been requested to change the zoning designation on the subject site from U
(Undeveloped) [R (Rural Density Residential) General Plan Designation] to O (Office).

ANALYSIS
In March of 2008, General Plan Amendment (GPA-26004) and Rezoning (ZON-26006) was
approved for ten parcels directly adjacent to Tenaya Way. Parcel one (125-27-610-001) located
on the southeast corner of Tenaya Way and Azure Drive, in addition to the nine sequential
parcels (125-27-610-002 through 010) south of parcel one were amended to the O (Office)
General Plan designation and rezoned to O (Office) to create a buffer for the existing single
family residences and the remaining residentially zoned properties located east of these parcels
from the increasing traffic on Tenaya Way and more intense commercial uses located on the
west side of Tenaya Way by creating this Office corridor. The approval of this General Plan
Amendment and associated Rezoning application would allow for commercial uses to no longer
act as an appropriate buffer to the residents, but to encroach into and disturb the existing
residences. For this reason, staff is recommending denial of both applications.
If approved, uses such as Business Schools; Employment Agencies; and Financial Institution,
General (i.e. Banks) would be permitted in the O (Office) zone.

FINDINGS (GPA-64834)
Section 19.16.030(I) of the Las Vegas Zoning Code requires that the following conditions be met
in order to justify a General Plan Amendment:
NE

GPA-64834 and ZON-64833 [PRJ-64769]


Staff Report Page Two
July 12, 2016 - Planning Commission Meeting

1.

The density and intensity of the proposed General Plan Amendment is compatible
with the existing adjacent land use designations,
The proposed O (Office) General Plan Designation would not be compatible with the
existing single-family residential uses located adjacent to and near the subject site.

2.

The zoning designations allowed by the proposed amendment will be compatible with
the existing adjacent land uses or zoning districts,
Amending the General Plan for the subject site from R (Rural Density Residential) to O
(Office) would not be an appropriate land use designation as this would allow for the
encroachment of commercial uses into the existing residential neighborhood.

3.

There are adequate transportation, recreation, utility, and other facilities to


accommodate the uses and densities permitted by the proposed General Plan
Amendment; and
Azure Drive is a designated collector street that collects traffic from local streets and
distributes it to major collector or arterial streets. Starlight Drive is a local street designed
to carry a combination of light commercial and residential traffic between minor
collectors, major collectors, and primary arterials. Both may be adequate to handle land
uses and densities permitted in the O (Office) General Plan Designation.

4.

The proposed amendment conforms to other applicable adopted plans and policies
that include approved neighborhood plans.
The subject site is an undeveloped lot directly adjacent to single family residential.
While developing this lot would be in support of the Citys policies, it only supports
City policy when such development is compatible with the surrounding area.

FINDINGS (ZON-64833)
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.


If approved, the proposed O (Office) zoning district would conform to the proposed O
(Office) General Plan Designation.

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.

NE

GPA-64834 and ZON-64833 [PRJ-64769]


Staff Report Page Three
July 12, 2016 - Planning Commission Meeting

The uses allowed in the proposed O (Office) zoning district would not be appropriate for
integration with the existing and planned residential uses.
3.

Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
The subject site is directly adjacent to single family residential, it would be more
appropriate to develop the subject site in accordance with the current General Plan
designation for residential and allow the Office corridor already established along Tenaya
Way to serve the area residents commercial needs.

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.
Azure Drive is a designated collector street that collects traffic from local streets and
distributes it to major collector or arterial streets. Starlight Drive is a local street designed
to carry a combination of light commercial and residential traffic between minor
collectors, major collectors, and primary arterials. Both may be adequate to handle land
uses permitted in the O (Office) zoning district.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a Petition to Annex property generally located on
01/16/02
the southeast corner of the intersection of Tenaya Way and Azure Drive. The
annexation was effective as of 01/25/02.

Most Recent Change of Ownership


12/04/08
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no relevant business licenses or building permits associated with this parcel of land.

Pre-Application Meeting
Staff conducted a pre-application conference where the submittal
05/24/16
requirements for a General Plan Amendment and Rezoning application were
discussed.

NE

GPA-64834 and ZON-64833 [PRJ-64769]


Staff Report Page Four
July 12, 2016 - Planning Commission Meeting

Neighborhood Meeting
A neighborhood meeting is scheduled for June 30, 2016 at 6:30 p.m. at the
Centennial Hills YMCA located at 6601 North Buffalo Drive.
Meeting Start Time: 6:30 p.m.
Meeting End Time: 8:00 p.m.
Attendance:

06/30/16

3 Representatives for the Applicant/Owner


1 Representative from the Planning Department
1 Representative from Mayor Pro Tem Ross Office
Approximately 5 Members of the public (neighbors) were in
attendance.

The meeting was essentially a continuation of the meeting held the night
before for GPA-64835 and ZON-64836 since this project was related to the
project presented the night before on 06/29/16. At the conclusion of the
meeting held the previous night (06/29/16), a majority of the neighbors
informed me (Nicole Eddowes) that they would not be attending the meeting
to be held the following night (06/30/16) for GPA-64834 and ZON-64833,
since it was essentially the same meeting and they had already expressed their
opposition in regards to both projects. The neighbors requested that I include
the same input for this project as what was already noted the night before.
Additional Concerns were:
The two projects are too dense and will lower the property values of the
existing residential homes. Want the number of beds to be reduced.
Want the commercial to be along Tenaya Way only, not to creep into the
residential neighborhood.
Would like for custom homes to be built on the half-acre lots no
commercial.
If the project is approved, the neighbors wanted no traffic on the residential
streets, for the rear of the property facing Starlight Drive to look like a
residential home with wrought iron fencing and lush landscaping instead of
a solid block wall.
One neighbor who owns property on Moonlight Drive wouldnt mind if the
whole area went commercial.
The applicant/owner of the proposed sites/project pointed out that he
currently owns nine lots in the immediate area and that it is just not feasible
for him to leave them vacant/undeveloped any longer.

NE

GPA-64834 and ZON-64833 [PRJ-64769]


Staff Report Page Five
July 12, 2016 - Planning Commission Meeting

Field Check
06/02/16

Staff conducted a routine field check where a vacant, undeveloped lot was
observed.

Details of Application Request


Site Area
Net Acres
0.50
Surrounding
Property

Planned or Special
Land Use Designation

Existing Zoning District

Undeveloped

R (Rural Density
Residential)

U (Undeveloped) [R
(Rural Density
Residential) General Plan
Designation]

North

Detached Single
Family Residence

R (Rural Density
Residential)

R-E (Residence Estates)

South

Detached Single
Family Residence

RL (Residential Low)
Clark County

East

Undeveloped

RL (Residential Low)
Clark County

West

Undeveloped

O (Office)

Subject Property

Existing Land Use


Per Title 19.12

R-E [Rural Estates


Residential (2 Units per
Acre)] Clark County
R-E [Rural Estates
Residential (2 Units per
Acre)] Clark County
O (Office)

Master Plan Areas


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
Y
Compliance
N/A
N/A
Y
Y

DEVELOPMENT STANDARDS
Functional
Actual
Compliance
Classification of
Governing Document
Street Width with Street
Street(s)
(Feet)
Section
Azure Drive
Collector
Title 13
22
N*
Starlight Drive
Local
Title 13
40
Y
*Half street improvements may be required in conjunction with a future Site Development Plan
Review (SDR) application for the subject site.
Street Name

NE

GPA-64834

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GPA-64834

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GPA-64834 and ZON-64833


4

GPA-64834
[PRJ-64769]
GENERAL
PLAN
AMENDMENT
APPLICANT/OWNER: FF SERIES HOLDINGS, LLC
SOUTHWEST CORNER OF AZURE DRIVE AND STARLIGHT DRIVE

RELATED

TO

06/02/16

ZON-64833

GPA-64834
[PRJ-64769]
GENERAL
PLAN
AMENDMENT
APPLICANT/OWNER: FF SERIES HOLDINGS, LLC
SOUTHWEST CORNER OF AZURE DRIVE AND STARLIGHT DRIVE

RELATED

TO

06/02/16

ZON-64833

GPA-64834
[PRJ-64769]
GENERAL
PLAN
AMENDMENT
APPLICANT/OWNER: FF SERIES HOLDINGS, LLC
SOUTHWEST CORNER OF AZURE DRIVE AND STARLIGHT DRIVE

RELATED

TO

06/02/16

ZON-64833

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87

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GPA-64834 and ZON-64833

77

"77
"

Agenda Item No.: 59.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ZON-64833 - REZONING RELATED TO GPA-64834 - PUBLIC HEARING - APPLICANT/
OWNER: FF SERIES HOLDINGS, LLC - For possible action on a request for a Rezoning
FROM: U (UNDEVELOPED) [R (RURAL DENSITY RESIDENTIAL) GENERAL PLAN
DESIGNATION] TO: O (OFFICE) on 0.50 acres at the southwest corner of Azure Drive and
Starlight Drive (APN 125-27-610-024), Ward 6 (Ross) [PRJ-64769]. Staff recommends
DENIAL.
C.C.: 8/17/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL
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.

ZON-64833

777

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ZON-64833

7A A7A

7b

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Agenda Item No.: 60.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
GPA-64835 - GENERAL PLAN AMENDMENT - PUBLIC HEARING APPLICANT/OWNER: FF SERIES HOLDINGS, LLC AND ELAINA V. FILOSI FAMILY
TRUST - For possible action on a request for a General Plan Amendment FROM: R (RURAL
DENSITY RESIDENTIAL) TO: O (OFFICE) on 1.39 acres on the west side of Starlight Drive
approximately 205 feet south of Azure Drive (APNs 125-27-610-020, 021, and 022), Ward 6
(Ross) [PRJ-64770]. Staff recommends DENIAL.
C.C.: 8/17/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL
BACKUP DOCUMENTATION:
1. Abeyance Request Email - GPA-64835 and ZON-64836 [PRJ-64770]
2. Location and Aerial Maps
2. Staff Report - GPA-64835 and ZON-64836 [PRJ-64770]
3. Supporting Documentation - GPA-64835 and ZON-64836 [PRJ-64770]
4. Photo(s) - GPA-64835 and ZON-64836 [PRJ-64770]
5. Justification Letter - GPA-64835 and ZON-64836 [PRJ-64770]

By Nora Lares at 4:17 pm, Jun 14, 2016

Nora Lares
Subject:

FW: Abeyance GPA's PRJ 64767 / 64769 / 64770

From: Moriah Curran [mailto:mcurran@10nine.com]


Sent: Tuesday, June 14, 2016 3:31 PM
To: Nicole Eddowes
Cc: Ben Girardin
Subject: Abeyance GPA's PRJ 64767 / 64769 / 64770

Nicole,thisisaformalrequestforabeyanceofPRJ64767,PRJ64769,andPRJ64770.Wearerequestinganabeyance
untiltheSeptember13th,2016PlanningCommissionmeeting.ThiswillallowtimetodeveloptheSDRpackageandour
neighborhoodmeetingsareallscheduledatthispointfortheGPA/Rezoneportionoftheentitlementprocess.

Ifyouhaveanyquestionspleasedonthesitatetocalloremail,

-Thanks!!!


Moriah Curran
Administrative Assistant


10 NINE DESIGN GROUP
801 Las Vegas Blvd., South #150
Las Vegas, NV 89101
P: 702-835-7000 ext. 111
F: 702-835-7001
C: 702-816-0923


GPA-64830 and ZON-64831 [PRJ-64767]


GPA-64834 and ZON-64833 [PRJ-64769]
GPA-64835 and ZON-64836 [PRJ-64770]
1

GPA-64835 and ZON-64836 [PRJ-64770]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY 12, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: FF SERIES HOLDINGS, LLC AND
ELAINA V. FILOSI FAMILY TRUST

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
GPA-64835
ZON-64836

RECOMMENDATION
Staff recommends DENIAL.
Staff recommends DENIAL.

REQUIRED FOR
APPROVAL
GPA-64835

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

151

APPROVALS

PROTESTS

24

NE

GPA-64835 and ZON-64836 [PRJ-64770]


Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting to amend the General Plan designation for three contiguous lots
adjacent to Starlight Drive for a total of 1.39 acres. The current General Plan designation of these
three lots is R (Rural Density Residential), with the northern lot (125-27-610-022) being part of
the Rural Preservation Overlay District. The applicant is requesting to amend these parcels from
R (Rural Density Residential) to O (Office).
In addition to the General Plan Amendment, the applicant has also requested to rezone the
subject sites from U (Undeveloped) [R (Rural Density Residential)] to O (Office).

ANALYSIS
In March of 2008, General Plan Amendment (GPA-26004) and Rezoning (ZON-26006) was
approved for ten parcels directly adjacent to Tenaya Way. Parcel one (125-27-610-001) located
on the southeast corner of Tenaya Way and Azure Drive, in addition to the nine sequential
parcels (125-27-610-002 through 010) south of parcel one were amended to the O (Office)
General Plan designation and rezoned to O (Office) to create a buffer for the existing single
family residences and the remaining residentially zoned properties located east of these parcels
from the increasing traffic on Tenaya Way and more intense commercial uses located on the
west side of Tenaya Way by creating this Office corridor. The approval of this General Plan
Amendment and associated Rezoning applications would allow for commercial uses to no longer
act as an appropriate buffer to the residents, but to encroach into and disturb the existing
residences. For this reason, staff is recommending denial of both applications.
If approved, uses such as Business Schools; Employment Agencies; and Financial Institution,
General (i.e. Banks) would be permitted in the O (Office) zone.

FINDINGS (GPA-64835)
Section 19.16.030(I) of the Las Vegas Zoning Code requires that the following conditions be met
in order to justify a General Plan Amendment:
1.

The density and intensity of the proposed General Plan Amendment is compatible
with the existing adjacent land use designations,
The proposed O (Office) General Plan Designation would not be compatible with the
existing single-family residential uses located adjacent to and near the subject sites.
NE

GPA-64835 and ZON-64836 [PRJ-64770]


Staff Report Page Two
July 12, 2016 - Planning Commission Meeting

2.

The zoning designations allowed by the proposed amendment will be compatible with
the existing adjacent land uses or zoning districts,
Amending the General Plan for the subject site from R (Rural Density Residential) to O
(Office) would not be an appropriate land use designation as this would allow for the
encroachment of commercial uses into the existing residential neighborhood.

3.

There are adequate transportation, recreation, utility, and other facilities to


accommodate the uses and densities permitted by the proposed General Plan
Amendment; and
Starlight Drive is a local street designed to carry a combination of light commercial and
residential traffic between minor collectors, major collectors, and primary arterials.
Starlight Drive may be adequate to handle land uses and densities permitted in the O
(Office) General Plan Designation.

4.

The proposed amendment conforms to other applicable adopted plans and policies
that include approved neighborhood plans.
The subject sites are three undeveloped lots directly adjacent to single family
residences. While developing these lots would be in support of the Citys policies, it
only supports City policy when such development is compatible with the surrounding
area.

FINDINGS (ZON-64836)
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.


If approved, the proposed O (Office) zoning district would conform to the proposed O
(Office) General Plan Designation.

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 uses allowed in the proposed O (Office) zoning district would not be appropriate for
integration with the existing and planned residential uses.

3.

Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
NE

GPA-64835 and ZON-64836 [PRJ-64770]


Staff Report Page Three
July 12, 2016 - Planning Commission Meeting

The subject site is directly adjacent to single family residential, it would be more
appropriate to develop the subject site in accordance with the current General Plan
designation for residential and allow the Office corridor already established along Tenaya
Way to serve the area residents commercial needs.
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.
Starlight Drive is a local street designed to carry a combination of light commercial and
residential traffic between minor collectors, major collectors, and primary arterials.
Starlight Drive may be adequate to handle land uses and densities permitted in the O
(Office) General Plan Designation.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a Petition to Annex property generally located
09/05/07
south of Azure Drive, between Tenaya Way and Starlight Drive. The
annexation was effective on 09/14/07.
Most Recent Change of Ownership
A deed was recorded for a change in ownership for parcel numbers 125-27-610-020
12/01/08
and 021.
09/22/15 A deed was recorded for a change in ownership for parcel number 125-27-610-022.
Related Building Permits/Business Licenses
There are no relevant building permits for the subject parcels.
Pre-Application Meeting
Staff conducted a pre-application conference where the submittal
05/24/16
requirements for a General Plan Amendment and Rezoning were discussed
via email and telephone conference.
Neighborhood Meeting
A neighborhood meeting was held on June 29, 2016 at 6:30 p.m. at the
Centennial Hills YMCA located at 6601 North Buffalo Drive.
06/29/16
Meeting Start Time: 6:30 p.m.
Meeting End Time: 8:15 p.m.

NE

GPA-64835 and ZON-64836 [PRJ-64770]


Staff Report Page Four
July 12, 2016 - Planning Commission Meeting

Neighborhood Meeting
Attendance:

6 Representatives for the Applicant/Owner


1 Representative from the Planning Department
1 Representative from Mayor Pro Tem Ross Office
Approximately 12 Members of the public (neighbors) were in
attendance.

The owner/applicant and his Architect presented some conceptual drawings


that included a possible site plan and interior elevations of a Memory Care
facility for Alzheimers and Dementia patients to be built on the subject site.
They also presented a brief video that provided the neighbors with a glimpse
of how an existing facility they currently operate looks and feels. The
drawings demonstrated a single-story facility with 90 beds designed in pods
to provide a home-like setting for the patients. The facility would be
secured to prevent patients from wondering off.
Concerns:
The neighbors do not want zoning to change along Starlight Drive,
want it to remain residential.
Since the memory care could be built in the R-E (Residence Estates)
zone with a Special Use Permit as well, is there an option of zoning
the property along Tenaya Way to R-E (Residence Estates) instead of
rezoning the properties to O (Office) along Starlight Drive?
The neighbors want to maintain their rural lifestyle and do not want
sidewalks, streetlights, etc. They do not feel the proposed memory
care has a rural feel like their homes and that it would not fit-in
with the neighborhood.
They are also concerned about lighting, would prefer no lighting.
The neighbors are afraid by allowing for this development to occur
that it will set a precedence in the residential neighborhood for high
density development, they feel the proposed memory care is too dense
and requested that if it is going to be built to at least reduce the
number of beds, widen the setbacks, provide walls, and denser
landscaping.
There was also concern about increased traffic in the area, where
would the employees park, etc. Would there be access to the site off of
Starlight Drive?
Concern was also raised about property values. Neighbors feel by
surrounding their residential properties with commercial, their home
values will drop and they will not be able to sell them at any price.

NE

GPA-64835 and ZON-64836 [PRJ-64770]


Staff Report Page Five
July 12, 2016 - Planning Commission Meeting

Neighborhood Meeting
The neighbors in attendance were opposed to the proposed General Plan
Amendment and Zone change, and the conceptual memory care development
presented. A few expressed interest in working with the applicant on design
elements (reduced number of beds, increased landscaping buffer, increased
wall height, low-level lighting, etc.) to aid in the facility blending in with the
neighborhood if it was going to be built, but would prefer it to be not built at
all.

Field Check
06/02/16

Staff performed a routine field check where three vacant, undeveloped lots
were observed.

Details of Application Request


Site Area
Net Acres
1.39

Surrounding
Property

Existing Land Use


Per Title 19.12

Planned or Special
Land Use Designation

Undeveloped

R (Rural Density
Residential)

North

Detached Single
Family Residence

RL (Residential Low)
Clark County

South

Detached Single
Family Residence

RL (Residential Low)
Clark County

East

Undeveloped

RL (Residential Low)
Clark County

West

Undeveloped

O (Office)

Subject Property

Master Plan Areas


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

Existing Zoning District


U (Undeveloped)[R
(Rural Density
Residential)]
R-E [Rural Estates
Residential (2 Units per
Acre)] Clark County
R-E [Rural Estates
Residential (2 Units per
Acre)] Clark County
R-E [Rural Estates
Residential (2 Units per
Acre)] Clark County
O (Office)

Compliance
N/A
Compliance
N/A

NE

GPA-64835 and ZON-64836 [PRJ-64770]


Staff Report Page Six
July 12, 2016 - 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

Street Name
Starlight Drive

Functional
Classification of
Street(s)
Local Street

Governing Document
Title 13

Actual
Street Width
(Feet)
35

Compliance
N/A
N/A
Y
Y

Compliance
with Street
Section
Y

NE

GPA-64835

GPA-64835

GPA-64835

GPA-64835

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GPA-64835 and ZON-64836


4

GPA-64835
[PRJ-64770]
GENERAL
PLAN
AMENDMENT
RELDATED
TO
ZON-64836
APPLICANT/OWNER: FF SERIES HOLDINGS, LLC AND ELAINA V. FILOSI FAMILY TRUST
WEST SIDE OF STARLIGHT DRIVE APPROXIMATELY 205 FEET SOUTH OF AZURE DRIVE
06/02/16

GPA-64835
[PRJ-64770]
GENERAL
PLAN
AMENDMENT
RELDATED
TO
ZON-64836
APPLICANT/OWNER: FF SERIES HOLDINGS, LLC AND ELAINA V. FILOSI FAMILY TRUST
WEST SIDE OF STARLIGHT DRIVE APPROXIMATELY 205 FEET SOUTH OF AZURE DRIVE
06/02/16

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GPA-64835 and ZON-64836

77

"77
"

Agenda Item No.: 61.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ZON-64836 - REZONING RELATED TO GPA-64835 - PUBLIC HEARING APPLICANT/OWNER: FF SERIES HOLDINGS, LLC AND ELAINA V. FILOSI FAMILY
TRUST - For possible action on a request for a Rezoning FROM: U (UNDEVELOPED) [R
(RURAL DENSITY RESIDENTIAL) GENERAL PLAN DESIGNATION] TO: O (OFFICE) on
1.39 acres on the west side of Starlight Drive approximately 205 feet south of Azure Drive
(APNs 125-27-610-020, 021, and 022), Ward 6 (Ross) [PRJ-64770]. Staff recommends
DENIAL.
C.C.: 8/17/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL
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.

ZON-64836

ZON-64836

ZON-64836

ZON-64836

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Agenda Item No.: 62.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
GPA-64853 - GENERAL PLAN AMENDMENT - PUBLIC HEARING APPLICANT/OWNER: DOUBLE DOUBLE, LLC - For possible action on a request for a
General Plan Amendment FROM: DR (DESERT RURAL DENSITY RESIDENTIAL) TO: L
(LOW DENSITY RESIDENTIAL) on 4.49 acres on the south side of Centennial Parkway, 275
feet west of Fort Apache Road (APN 125-30-502-009), Ward 6 (Ross) [PRJ-64731]. Staff
recommends APPROVAL.
C.C.: 8/17/2016
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 - GPA-64853 and ZON-64854 [PRJ-64731]
3. Supporting Documentation
4. Photo(s) - GPA-64853 and ZON-64854 [PRJ-64731]
5. Justification Letter - GPA-64853 and ZON-64854 [PRJ-64731]

GPA-64853 and ZON-64854 [PRJ-64731]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY 12, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: DOUBLE DOUBLE, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
GPA-64853
ZON-64854

RECOMMENDATION
Staff recommends APPROVAL.
Staff recommends APPROVAL.

REQUIRED FOR
APPROVAL
N/A
GPA-64853

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

201

APPROVALS

PROTESTS

19

RG

GPA-64853 and ZON-64854 [PRJ-64731]


Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The subject site consists of 4.49 acres of undeveloped land generally located at the south side of
Centennial Parkway and 275 feet west of Fort Apache Road. The applicant is requesting to
rezone from R-E (Residence Estates) to R-1 (Single Family Residential). In order for such a
rezoning to occur, the citys General Plan for future use of land must be changed from DR
(Desert Rural Density Residential) to L (Low Density Residential). No development plans
associated with the requested changes in the land use and zoning at this time. Staff supports
these requests as the density change would be compatible with surrounding densities in the area.
If denied, the land use and zoning would remain unchanged.

ISSUES

A General Plan Amendment is requested to change the land use designation on the subject
site from DR (Desert Rural Density Residential), which allows a net density of up to 2.49
dwelling units per acre, to L (Low Density Residential), which allows up to 5.49 dwelling
units per acre.
A Rezoning is requested to change the existing R-E (Residence Estates) zoning designation
to R-1 (Single Family Residential) zoning district.
There are no proposed development plans submitted with this request at this time.

ANALYSIS
The applicant is proposing a General Plan Amendment and Rezoning on 4.49 acres of
undeveloped land at the south side of Centennial Parkway and 275 feet west of Fort Apache
Road. The subject property was annexed by the City in 2016, from Clark County under
Annexation (ANX-61546). The subject site is currently designated DR (Desert Rural Density
Residential, which allows a residential density of 2.49 units per acre for this site located within
the Centennial Hills Sector Plan area. The applicant has requested changes to the L (Low
Density Residential) General Plan designation and R-1 (Single Family Residential) zoning
district would allow single family residential development with a minimum lot size of 6,500
square feet. If approved, the maximum number of units that can be approved for the subject site
under the requested L (Low Density Residential) land use designation is 24.65 units. This is a
difference of 13.47 units (single family lots) from the current DR (Desert Rural Density
Residential) designation.

RG

GPA-64853 and ZON-64854 [PRJ-64731]


Staff Report Page Two
July 12, 2016 - Planning Commission Meeting

The subject property is situated on the boundary between the City of Las Vegas and
unincorporated Clark County. Neighboring properties within Clark Countys jurisdiction are not
within any excepted area, which means that they would not be limited in their density should
they be annexed in the future. Properties within these county areas are RNP (Rural
Neighborhood Preservation) by the Centennial Hills Interlocal Land Use Plan and are limited to
two dwelling units per acre.
The site is adjacent to a 95-foot wide street to the north and a 60-foot wide street to the south.
The property to the east contains an existing Convalescent Care Facility/Nursing Home. The
property to the west is an undeveloped within Clark County.
Staff recommends approval, as the requested change to L (Low Density Residential) land use
designation and R-1 (Single Family Residential) zoning district conforms to the surrounding
residential properties. If denied, the property would remain as a DR (Desert Rural Density
Residential) General Plan designation and an R-E (Residence Estates) Zone.

FINDINGS (GPA-64853)
Section 19.16.030(I) of the Las Vegas Zoning Code requires that the following conditions be met
in order to justify a General Plan Amendment:
1.

The density and intensity of the proposed General Plan Amendment is compatible
with the existing adjacent land use designations,
The allow density of the proposed L (Low Density Residential) is 5.49 dwelling units per
acre is compatible for the surrounding area.

2.

The zoning designations allowed by the proposed amendment will be compatible with
the existing adjacent land uses or zoning districts,
The proposed L (Low Density Residential) designation would allow for establishment of
residential densities up to 5.49 dwelling units per acre within the R-1 (Single Family
Residential), R-MH (Mobile/Manufactured Home), and R-PD (Residential Planned
Development) zoning districts, which are compatible with the surrounding development in
the area.

3.

There are adequate transportation, recreation, utility, and other facilities to


accommodate the uses and densities permitted by the proposed General Plan
Amendment; and

RG

GPA-64853 and ZON-64854 [PRJ-64731]


Staff Report Page Three
July 12, 2016 - Planning Commission Meeting

Adequate utilities will be extended to this area. The site is within one-quarter to one mile
of park and school facilities. Most commercial services are located one miles east, near
Clark County 215 and Durango Drive. Future residents would have easy access to and
from the site via Clark County 215 (interchange at Hualapai Way and Durango Drive)
4.

The proposed amendment conforms to other applicable adopted plans and policies
that include approved neighborhood plans.
There are no special area plans that apply to the subject site. The Newly Developing Areas
section of the Las Vegas 2020 Master Plan recommends the provision of more diversity in
housing choices for residents, greater walkability both within neighborhoods and to area
amenities, and access to public transportation. Intensive site planning will ensure that any
proposed residential development on this site would be able to meet these goals.

FINDINGS (ZON-64854)
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.


With approval of the proposed General Plan Amendment to the L (Low Density
Residential) designation, the proposed rezoning of the subject site to R-1 (Single Family
Residential) would conform to the Citys General Plan.

2.

The uses which would be allowed on the subject property by approving the rezoning
will be compatible with the surrounding land uses and zoning districts.
The proposed R-1 (Single Family Residential) zoning district will allow single family
residential land uses which will be compatible with the low and rural densities established
on neighboring properties.

3.

Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
Objective 3.2 of the Las Vegas 2020 Master Plan requires that rural neighborhoods be
adequately buffered from higher density development. The proposed rezoning to R-1
(Single Family Residential) will be compatible with the low and rural densities established
on neighboring properties.

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.

RG

GPA-64853 and ZON-64854 [PRJ-64731]


Staff Report Page Four
July 12, 2016 - Planning Commission Meeting

The site is bordered on two sides by Centennial Parkway, at 100-foot Primary Arterial; and
Regina Avenue, a 60-foot Minor Streets, as designated by the Master Plan of Street and
Highways. These are of appropriate capacity to meet the requirements of the proposed R1 (Single Family Residential) zoning district.

BACKGROUND INFORMATION

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


The City Council approved Annexation (ANX-61546) for 4.49 acres on the
02/03/16
south side of Centennial Parkway, 275 feet west of Fort Apache Road. The
effective date was 02/12/16.

Most Recent Change of Ownership


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

Related Building Permits/Business Licenses


No permits are on file for this property.

Pre-Application Meeting
Staff met with the applicant and reviewed the requirements for a General Plan
05/19/16
Amendment and a Rezoning application of the parcels located in Ward 6.

Neighborhood Meeting
A neighborhood meeting was conducted Centennial Hills Community Center
YMCA at 6601 North Buffalo Drive.
Meeting Start Time: 5:30 PM
Meeting End Time: 6:25 PM
06/23/16

3 representatives from the Developer.


1 Council Staff member
7 members of the Public
1 Planning Staff Member

RG

GPA-64853 and ZON-64854 [PRJ-64731]


Staff Report Page Five
July 12, 2016 - Planning Commission Meeting

Neighborhood Meeting
Issues
The general concern for the surrounding property owners is that the
value of their homes would drop and the change of quality of life in
the area. The other concern from the other property owners is that
they do not want to see any High Density Residential to go to the
subject site and they would like to see half an acre lot sizes.
The developer responded that the proposed General Plan Amendment and
Rezoning will not result in High Density Residential and it will be Low
Density Residential. The developer added that these applications would serve
as a transition from Centennial Parkway to the existing R-E zoned properties
to the south.

Field Check
06/02/16

Staff visited the site and found the parcel is vacant with natural vegetation.

Details of Application Request


Site Area
Gross Acres
4.49

Surrounding
Property

Existing Land Use


Per Title 19.12

Subject Property

Vacant

North

Vacant

South

Vacant

East

Convalescent Care
Facility/Nursing
Home

Planned or Special
Land Use Designation
DR (Desert Rural
Density Residential)
PF (Public Facilities)
RNP (Rural
Neighborhood
Preservation) - Clark
County
R (Rural Density
Residential)
RNP (Rural
Neighborhood
Preservation)

Existing Zoning District


R-E (Residence Estates)
C-V (Civic)
R-E (Rural Estates
Residential) Clark
County)

R-E (Residence Estates)

RG

GPA-64853 and ZON-64854 [PRJ-64731]


Staff Report Page Six
July 12, 2016 - Planning Commission Meeting

Surrounding
Property

West

Existing Land Use


Per Title 19.12

Vacant

Planned or Special
Land Use Designation
RL (Residential Low)
Clark County
RNP (Rural
Neighborhood
Preservation ) - Clark
County

Existing Zoning District

R-E (Rural Estates


Residential) Clark
County)

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 19.06.070, the following standards apply:
Standard
Min. Lot Size
Min. Lot Width
Standard
Min. Setbacks
Front
Side
Corner
Rear
Max. Lot Coverage
Max. Building Height

Existing General Plan


DR (Desert Rural Density
Residential)

Required/Allowed
6,500 SF
60 Feet
Required/Allowed
20 Feet
5 Feet
15 Feet
15 Feet
50 %
2 Stories/35 Feet

Permitted Density

Units Allowed

2.49 du/ac

11.18

RG

GPA-64853 and ZON-64854 [PRJ-64731]


Staff Report Page Seven
July 12, 2016 - Planning Commission Meeting

Proposed General Plan


L (Low Density Residential)
Existing Zoning
R-E (Residence Estates)
Proposed Zoning
R-1(Single Family
Residential)

Permitted Density
5.49 du/ac
Permitted Density
One Unit per Acre
Permitted Density

Units Allowed
24.65
Units Allowed
N/A
Units Allowed

One Unit per Acre

N/A

Street Name

Functional
Classification of
Street(s)

Centennial Parkway

Primary Arterial

Governing Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Planned Streets and


Highways Map

95

RG

GPA-64853

GPA-64853

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GPA-64853
[PRJ-64731]
GENERAL
PLAN
AMENDMENT
RELATED
TO
APPLICANT/OWNER: DOUBLE DOUBLE, LLC
SOUTH SIDE OF CENTENNIAL PARKWAY, 275 FEET WEST OF FORT APACHE ROAD

06/02/16

ZON-64854

GPA-64853 and ZON-64854

Agenda Item No.: 63.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ZON-64854 - REZONING RELATED TO GPA-64853 - PUBLIC HEARING APPLICANT/OWNER: DOUBLE DOUBLE, LLC - For possible action on a request for a
Rezoning FROM: R-E (RESIDENCE ESTATES) TO: R-1 (SINGLE FAMILY RESIDENTIAL)
on 4.49 acres on the south side of Centennial Parkway, 275 feet west of Fort Apache Road (APN
125-30-502-009), Ward 6 (Ross) [PRJ-64731]. Staff recommends APPROVAL.
C.C.: 8/17/2016
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. 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.

ZON-64854

ZON-64854

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Agenda Item No.: 64.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
GPA-64870 - GENERAL PLAN AMENDMENT - PUBLIC HEARING APPLICANT/OWNER: NP PALACE, LLC - For possible action on a request for a General Plan
Amendment FROM: MXU (MIXED USE), M (MEDIUM DENSITY RESIDENTIAL), AND H
(HIGH DENSITY RESIDENTIAL) TO: SC (SERVICE COMMERCIAL) on 20.55 acres at
2750 and 2550 South Rancho Drive, 2501 Wyandotte Street and 2411 West Sahara Boulevard
(Portions of APN:162-08-602-005; 162-08-505-004; 162-08-502-009 and 011), Ward 1
(Tarkanian) [PRJ-64706]. Staff recommends APPROVAL.
C.C.: 8/17/2016
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. Conditions and Staff Report - GPA-64870, ZON-64871, SUP-64872, SUP-64873, SUP64874, SDR-64875 [PRJ-64706] and TMP-64882 [PRJ-64736]
3. Supporting Documentation - GPA-64870, ZON-64871, SUP-64872, SUP-64873, SUP-64874,
SDR-64875 [PRJ-64706]
4. Photo(s) - GPA-64870, ZON-64871, SUP-64872, SUP-64873, SUP-64874, SDR-64875 and
TMP-64882 [PRJ-64706]
5. Justification Letter - GPA-64870, ZON-64871, SUP-64872, SUP-64873, SUP-64874, SDR64875 [PRJ-64706]

GPA-64870, ZON-64871, SUP-64872, SUP-64873, SUP-64874, SDR-64875 [PRJ-64706] and


TMP-64882 [PRJ-64736]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: NP PALACE, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

GPA-64870
ZON-64871

Staff recommends APPROVAL.


Staff recommends APPROVAL.

SUP-64872

Staff recommends APPROVAL, subject to conditions

SUP-64873

Staff recommends APPROVAL, subject to conditions.

SUP-64874

Staff recommends APPROVAL, subject to conditions.

SDR-64875

Staff recommends APPROVAL, subject to conditions:

TMP-64882

Staff recommends APPROVAL, subject to conditions:

REQUIRED FOR
APPROVAL
GPA-64870
GPA-64870
ZON-64871
GPA-64870
ZON-64871
GPA-64870
ZON-64871
GPA-64870
ZON-64871
SUP-64872
SUP-64873
SUP-64874
GPA-64870
ZON-64871

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

18 - ZON-64871
20 - GPA-64870, SUP-6872,
SUP-64873, SUP-64874,
SDR-64875 and TMP-64882

NOTICES MAILED

158 - GPA-64870 and ZON-64871


158 - SUP-64872 and SUP-64873
158 - SUP-64874 and SDR-64875
158 - TMP-64882
FS

GPA-64870, ZON-64871, SUP-64872, SUP-64873, SUP-64874, SDR-64875 [PRJ-64706] and


TMP-64882 [PRJ-64736]
Notification Page Two
July 12, 2016 - Planning Commission Meeting

APPROVALS

0 - GPA-64870 and ZON-64871


0 - SUP-64872 and SUP-64873
0 - SUP-64874 and SDR-64875
0 - TMP-64882

PROTESTS

0 - GPA-64870 and ZON-64871


0 - SUP-64872 and SUP-64873
0 - SUP-64874 and SDR-64875
0 - TMP-64882

FS

GPA-64870, ZON-64871, SUP-64872, SUP-64873, SUP-64874, SDR-64875 [PRJ-64706] and


TMP-64882 [PRJ-64736]
Conditions Page One
July 12, 2016 - Planning Commission Meeting

** CONDITIONS **

SUP-64872 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Gaming, NonRestricted use.

2.

Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-64875) 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.

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.

SUP-64873 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-64875) shall be required.
FS

GPA-64870, ZON-64871, SUP-64872, SUP-64873, SUP-64874, SDR-64875 [PRJ-64706] and


TMP-64882 [PRJ-64736]
Conditions Page Two
July 12, 2016 - Planning Commission Meeting

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.

Prior to or at the time of submittal for the hotel tower building permit, the applicant shall
provide written verification by the FAA and/or the Clark County Department of Aviation
of the following:
a. Applicant is required to file a valid FAA Form 7460-1, "Notice of Proposed
Construction or Alteration" with the FAA, in accordance with 14 CFR Part 77, or
submit to the Clark County Director of Aviation a Property Owners Shielding
Determination Statement and request written concurrence from the Clark County
Department of Aviation;
b. No Building Permit or other construction permit shall be issued for any structure
greater than 35 feet above the surface of land that, based upon the FAAs 7460
airspace determination (the outcome of filing the FAA Form 7460-1) would (a)
constitute a hazard to air navigation, (b) would result in an increase to minimum
flight altitudes during any phase of flight (unless approved by the Department of
Aviation), or (c) would otherwise be determined to pose a significant adverse
impact on airport or aircraft operations.
c. Applicant is advised that FAAs airspace determinations are dependent on petitions
by any interested party and the height that will not present a hazard as determined
by the FAA may change based on these comments.

6.

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

SUP-64874 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-64875) shall be required.

FS

GPA-64870, ZON-64871, SUP-64872, SUP-64873, SUP-64874, SDR-64875 [PRJ-64706] and


TMP-64882 [PRJ-64736]
Conditions Page Three
July 12, 2016 - Planning Commission Meeting

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.

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

6.

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

SDR-64875 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for rezoning (ZON-64871),


Special Use Permit (SUP-64872), Special Use Permit (SUP-64873), Special Use Permit
(SUP-64873) and Tentative Map (TMP-64882) 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, phasing plan,
and building elevations, date stamped 05/31/16, and floor plans date stamped 06/14/16,
except as amended by conditions herein.

4.

All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.

5.

These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
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6.

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.

7.

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. The technical landscape plan shall include the following
changes from the conceptual landscape plan: Parking lot landscaping islands are required at
the end of each row of parking and for every six parking spaces within the new parking lot
located at the southern portion of the site. Each island should have at least one 24-inch box
shade tree and four five-gallon shrubs.

8.

The site is subject to the minimum perimeter landscape requirements of Title 19.08.040(F)
along the north, east and south property lines. Improvements may be completed in phases
as shown on the approved phasing plan.

9.

All exposed mechanical or utility equipment associated with the proposed central plant
shall be screened from public view with materials architecturally compatible with the
finishes and character of central plant, through the use of shrubs and landscaping, or
integrated with the building design, or both.

10.

A Master Sign Plan shall be submitted for approval by the City of Las Vegas prior to the
issuance of a Certificate of Occupancy for any building on the site and prior to the issuance
of any sign permits.

11.

The provided site plan only indicates 15 handicapped parking spaces where 36 are
required; however, the number of handicapped parking spaces within the two parking
structures is not indicated. Prior to the issuance of any building permits, the subject site
must demonstrate compliance with the handicap parking requirement either from within the
parking structures, or with the addition of new accessible spaces on the surface lots. If
compliance cannot be demonstrated, a Variance application will be required prior to
issuance of building permits.

12.

A fully operational fire protection system, including fire apparatus roads, fire hydrants and
water supply, shall be installed and shall be functioning prior to construction of any
combustible structures.

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13.

Prior to the construction of the hotel tower, 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.

14.

Prior to or at the time of submittal for a building permit for the proposed hotel tower, the
applicant shall provide written verification by the FAA and/or the Clark County
Department of Aviation of the following:
a. Applicant is required to file a valid FAA Form 7460-1, "Notice of Proposed
Construction or Alteration" with the FAA, in accordance with 14 CFR Part 77,
or submit to the Clark County Director of Aviation a Property Owners
Shielding Determination Statement and request written concurrence from the
Clark County Department of Aviation;
b. No Building Permit or other construction permit shall be issued for any
structure greater than 35 feet above the surface of land that, based upon the
FAAs 7460 airspace determination (the outcome of filing the FAA Form 74601) would (a) constitute a hazard to air navigation, (b) would result in an increase
to minimum flight altitudes during any phase of flight (unless approved by the
Department of Aviation), or (c) would otherwise be determined to pose a
significant adverse impact on airport or aircraft operations.
c. Applicant is advised that FAAs airspace determinations are dependent on
petitions by any interested party and the height that will not present a hazard as
determined by the FAA may change based on these comments.
d. Applicant is advised that the FAAs airspace determinations include expiration
dates and that the separate airspace determinations will be needed for
construction cranes or other temporary equipment.

15.

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

16.

Correct all American's with Disabilities Act (ADA) deficiencies on the sidewalks adjacent
to this site in accordance with code requirements of Title 13.56.040, to the satisfaction of
the City Engineer concurrent with on-site development activities in accordance with the
approved phasing plan. Additionally, construct the sidewalk on Teddy Drive, south of
Kings Way to meet complete street standards concurrent with the development of the south
portion of the site (Phase 2).

17.

A sewer relocation/abandonment plan acceptable to the Collection System Planning section


of the Department of Public Works for sewer manholes SA-468 and SA-462 must be
approved prior to recordation of a Final Map for this site.
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18.

Coordinate with the Sanitary Sewer Planning Section of the Department of Public Works to
route as much wastewater flow as possible directly to the large diameter public sewer main
in Sahara Avenue and limit the amount of wastewater that is sent to the 8-inch public sewer
in Rancho Drive. Comply with the recommendations of the Sanitary Sewer Planning
Section.

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.

20.

Contact the City Engineer's Office at 229-6272 to coordinate the development of this
project with the "ITS Communications Infrastructure II" project and any other public
improvement projects adjacent to this site. Comply with the recommendations of the City
Engineer.

21.

Obtain an Occupancy Permit from the Nevada Department of Transportation (NDOT) for
all private improvements in the Sahara Avenue public right-of-way adjacent to this site
prior to constructing any improvements within NDOT jurisdiction.

22.

Submit an Encroachment Agreement for landscaping and private improvements in the


Teddy Drive public right-of-way, if any, prior to the 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 applicant and any
successors in interest to the property and assigns pursuant to the terms 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).

23.

A Traffic Impact Analysis or other information acceptable to the Traffic Engineering


Division must be submitted to and approved by the Department of Public Works prior to
the issuance of any building or grading permits.

24.

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.

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TMP-64882 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.

Approval of GPA-64870 and ZON-64871 shall be required, if approved.

3.

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.

4.

The Final Map shall contain a note granting perpetual common access and parking across
the entire subdivision.

5.

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

Public Works
6.

Per Title 19.16.060.W.1, provide a note on the Final Map that states "All parcels created
through this map shall have perpetual unobstructed access to all driveways servicing the
overall subdivision unless incompatible uses can be demonstrated to the satisfaction of the
City Engineer."

7.

The onsite sewer shall be private and per Title 19.16.060.W. 2, sewer service for this
commercial subdivision shall be shown in accordance with one of the following two
alternatives, and the appropriate note shall appear on the face of the recorded Final Map:
I.
Onsite sewers are a common element privately owned and maintained per the
Conditions, Covenants, and Restrictions (CC&Rs) of this commercial subdivision.
II.
Onsite sewers are a common element privately owned and maintained per the Joint
Use Agreement of this commercial subdivision.

8.

Per Title 19.16.060.W.3, provide a note on the Final Map that states "All subdivided lots
within this Final Map shall provide perpetual inter-lot drainage rights across all existing
and future parcel limits."

9.

Site development to comply with all applicable conditions of approval for SDR-64875 and
all other applicable site-related actions.
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10.

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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** STAFF REPORT **

PROJECT DESCRIPTION
The request is for a 176,693 square-foot phased expansion to an existing hotel/casino including a
new 335-foot tall hotel tower, exterior faade improvements, parking and landscape
enhancements, and a new utility plant. Currently, the site is developed with a hotel/casino
including a 250-foot tall hotel tower, a detached motel complex, two parking garages, and
surface parking lots.

ISSUES

The Redevelopment Agency and City Council will consider a separate request to remove a
portion of the subject site (APN: 162-08-602-005) from the Las Vegas Redevelopment Plan
Area 2. Department of Economic and Redevelopment staff supports this request.
A Special Use Permit is required for a hotel expansion within a C-1 zoning district. Staff
supports this request.
A Special Use Permit is required to exceed the 175-foot Airport Overlay height limit to
accommodate the proposed 335-foot hotel tower. Staff supports this request.
A Special Use Permit is required for a 42,252 square-foot expansion to an existing Gaming
Establishment, Non-Restricted. Staff supports this request.
An Exception has been requested to allow zero parking lot landscape islands where one is
required every six parking spaces. Staff does not support this request.

ANALYSIS
This project consists of seven application requests: A General Plan Amendment, Rezoning,
three Special Use Permits, a Site Development Plan Review, and a Tentative Map. A separate
request to remove a portion of the subject site (APN: 162-08-602-005) from the boundaries of
the Las Vegas Redevelopment Area 2 will be heard before the Redevelopment Agency on
07/20/16. The subject site is currently developed with a hotel/casino with associated surface and
garage parking areas.
General Plan Amendment
The applicant is requesting a General Plan Amendment to change a portion of the site from H
(High Density Residential), M (Medium Density Residential) and MXU (Mixed Use) to SC
(Service Commercial). This request is appropriate given the sites existing hotel/casino land use

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and because the remainder of the site is currently designated as SC (Service Commercial). The
existing residential Master Plan designations are not compatible with the existing use, and
changing the land use to Service Commercial is appropriate. In addition, all the areas requested
by this amendment request, with the exception of a portion of APN 162-08-505-004, are
currently zoned C-1 (Limited Commercial). Changing the Master Plan designation to Service
Commercial would bring the land use and zoning into conformance for these parcels. For the
portion of 162-08-505-004 that is currently zoned R-4 (High Density Residential), a companion
rezoning application has been requested to change the existing zoning to C-1 (Limited
Commercial) to be consistent with the remainder of the site.
A portion of the subject site (APN: 162-08-602-005) is currently designated as MXU (Mixed
Use), which is a designation unique to areas within the Las Vegas Redevelopment Plan Area
(RDA). On 07/20/16, the Redevelopment Agency will consider a request to remove the subject
parcel from the Las Vegas Redevelopment Area 2, which Department of Urban and Economic
Development staff supports. The parcels removal from the RDA 2 plan area will allow for the
requested designation of SC (Service Commercial), which is consistent with the remainder of the
site not being considered with this General Plan Amendment application. It is anticipated that an
ordinance to amend the RDA 2 plan area will be introduced to the City Council on 08/17/16 and
be eligible for adoption on 09/21/16. A determination was made by The City Attorneys Office
stating that it is permissible for this General Plan Amendment request be heard prior to the
adoption of an ordinance removing the subject parcel from the RDA 2 plan area. The request for
this parcel is appropriate and staff supports the proposed amendment.
Rezoning
The applicant has requested a Rezoning application to change APN 162-08-505-004 from R-4
(High Density Residential) to C-1 (Limited Commercial). This request is appropriate given that
the site is developed with a hotel/casino and the remainder of the property is zoned C-1 (Limited
Commercial). Approximately three-quarters of the subject parcel has a Master Plan designation
of SC (Service Commercial) and the rezoning will alleviate the existing zoning nonconformance.
The portion of the parcel with a Master Plan designation of M (Medium Density Residential) is
proposed to be changed to SC (Service Commercial) with the companion General Plan
Amendment request. Approval of the companion General Plan Amendment and this Rezoning
request will facilitate master plan and zoning conformance throughout the site, and allow the
applicant to map the entire site as a single commercial subdivision via a Tentative Map approval
and Final Map recordation.
Special Use Permits
A Special Use Permit has been requested to expand the Gaming Establishment, Non-Restricted
use by 42,252 square feet. There is currently 84,505 square feet of gaming and the overall total
will be 126,757 square feet after the proposed expansion. The provided floor plans indicate that
the proposed expansion will occur on the first floor and will be an extension of the existing
casino area within a planned future phase of development.

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The Gaming Establishment, Non-restricted use is defined as An establishment which is used or


intended to be used for the conduct of gaming activities for which a non-restricted gaming
license is required pursuant to LVMC Title 6. For informational purposes, the term refers to an
establishment whose gaming operations consist of sixteen or more slot machines, or any number
of slot machines together with any other game, gaming device, race book or sports pool at that
establishment. When operated in conjunction with a hotel having more than 200 rooms, the use
includes any number of ancillary alcoholic beverage-related uses with an on-sale component,
without regard to the requirements of LVMC Chapter 19.12, but only to the extent such uses
conform to the applicable requirements of LVMC Chapters 6.40 and 6.50. The proposed use
meets the definition as reflected in the justification letter provided
The Minimum Special Use Permit Requirements for this use include:
1.

Except as otherwise exempted by State law, non-restricted gaming establishments must


be located within the Gaming Enterprise Overlay District described in Section 19.10.120.
The subject site is not located within an established gaming enterprise district, but the
non-restricted gaming use was established at the site prior to the creation of the gaming
enterprise district. State law dictates that establishments with a valid non-restricted
license that are outside a designated gaming enterprise district may not increase the
number of games or slot machines operated at the establishment beyond the number of
games or slot machines authorized by local ordinance on December 31, 1996. The City
of Las Vegas did not have a restriction to the number of table games or slots for resort
hotels with a non-restricted gaming license in 1996, and therefore the use can be
expanded by means of a Special Use Permit per the requirements of Title 19.12.

2.

A Special Use Permit is required for:


a.
Any new non-restricted gaming establishment.
b.
Any increase in the amount, variety or magnitude of gaming to be
offered within an existing non-restricted gaming establishment
whether or not the existing gaming was approved by means of a
Special Use Permit
This Special Use Permit is being requested to increase the amount of gaming within the
proposed expansion to the existing hotel/casino as required by subsection b.
3.

The Special Use Permit requirement in Paragraph (2) above:


a.
Applies to all property in the City, wherever located and whether
or not it is located in the Gaming Enterprise Overlay District;
b.
Applies to existing non-restricted gaming establishments whether
or not they have applied for an increase in the amount, variety or
magnitude of gaming to be offered;
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c.

Applies to any property or establishment irrespective of any rights


or purported rights established by prior adjudication, to the extent
such rights have not become vested by the exercise thereof; and d.
Supersedes and prevails over every other provision of the
Municipal Code to the contrary, or that might be deemed to be
interpreted to the contrary.

This Special Use Permit is being requested to increase the amount of gaming within the
proposed expansion to the existing hotel/casino as required by subsections a and b.
A Special Use Permit Application has been requested to allow a 335-foot hotel tower where 175
feet is the maximum allowed within this area of the Airport Overly District. Per Title 19.10.080,
any person desiring to build a structure that exceeds the limitations of the overlay may apply to
the Planning Commission for a Special Use Permit. Staff recommends approval of this
application provided that the applicant complies with all Federal Aviation Administration and
Clark County Department of Aviation regulations and conditions.
A Special Use Permit has been requested to allow a hotel within a C-1 (Limited Commercial)
zoning district. While there is currently a hotel developed on the subject site, the construction of
the new hotel tower includes a net gain of 159 rooms after the demolition of the existing motel,
which triggers the requirement for a new use permit.
The Hotel use is defined as A building or group of buildings whose main function is to provide
rooms for temporary lodging where entrance to each room is gained from a completely enclosed
area. A hotel may also contain restaurants, conference rooms and personal service shops. The
phrase temporary lodging refers to a rental period with a normal duration of no more than 1
week. There are no additional special use requirements, and staff recommends the approval of
the Special Use Permit.
Site Development Plan Review
The Site Development Plan Review request is for a 176,693 square-foot phased expansion to an
existing hotel/casino including a new 335-foot tall hotel tower, exterior faade improvements,
parking and landscape enhancements, and a new utility plant. Currently, the site is developed
with a hotel/casino including a 250-foot tall hotel tower, a detached motel complex, two parking
garages, and surface parking lots. The site as proposed exceeds the total number of parking
spaces required by the Unified Development Code with 2,674 provided where 2,591 are
required. Access to the site is currently provided by multiple drives from Sahara Avenue, Teddy
Drive, and South Rancho Drive. The site has adequate facilities and access to accommodate the
proposed development and the application is recommended for approval subject to the included
conditions.

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Per the provided phasing plan, the proposed development is intended to be built in three phases.
The first phase of development, labeled as Phase 1A on the phasing plan, allows for a new
9,099 square-foot bingo room located along the north portion of the building. The new bingo
room will have direct access to the hotel/casino complex. With the exception of the
improvements to the bingo room, there are no faade or landscape improvements proposed with
this phase.
Phase 1B includes a includes 33,153 square feet of new casino floor, a new 14,446 square-foot
buffet dining room, and two new restaurants totaling 11,005 square feet. The second floor space
includes a possible movie cinema and bowling alley. This phase includes exterior building
faade improvements and enhanced landscaping along Sahara Avenue.
The landscaping associated with Phase 1B includes improvements to the perimeter buffer area
along Sahara Avenue and around the surface parking areas located within the northern half of the
site. Along Sahara Avenue, the landscape plan depicts 24-inch box trees such as Acacia,
Mountain Laurels, and Privets spaced 20 feet on-center intermixed with a number of Date Palms.
A condition of approval will be added to ensure that the proposed landscaping meets minimum
Title 19.08 standards for perimeter landscaping. The existing mature palms located within the
entryway drive from Sahara Avenue will remain, and the existing landscape islands adjacent to
the surface parking areas will be upgraded with various 24-inch box trees. As no changes to the
existing parking lot are being proposed, additional landscape islands interior to the site are not
required with this phase.
The faade improvements associated with Phase 1B include simulated wood, metal accents, and
faux limestone panels along the low-rise portions of the existing building. The proposed
improvements provide visual interest and will enhance the overall look of the site. The building
elevations show no changes to the existing hotel tower and at this time, and it is expected that the
faade will remain unchanged.
The final phase, labeled as Phase 2 on the phasing plan, is considered a future phase and the
timeframe for its construction is not known at this time. This phase consists of the existing motel
along the eastern portion of the site being replaced with new convention space, a new hotel
tower, a pool deck, additional surface parking, a new central utility plant, and interior and
perimeter landscape improvements.
Within the proposed low-rise portion of the expansion, the floor plans depict new convention
areas with a number of large and mid-size meeting rooms. Adjacent to the convention space is
the new hotel tower and resort pool area. The floor plans indicate 636 new rooms within the
335-foot hotel tower. With the demolition of the existing low rise motel, there will be a net gain
of 159 rooms to the overall site once the new tower is completed. A restaurant/lounge with
outdoor seating is being proposed on the rooftop. The site is not subject to residential adjacency
standards as it is not located adjacent to property used for single family residential, and therefore
the new tower is compatible with development in surrounding area.
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The elevations depict a continuation of the faade appearance along the low rise portions of the
building. Consistent with proposed faade improvements associated with Phase 1B, Phase 2
improvements also include a faade of simulated wood, metal accents, and faux limestone panels
along the low-rise portions of the building. The proposed 335-foot tower complements the lower
level appearance with metal panels in a matching color palette and multi-colored glass windows
to provide contrast and visual interest. While the provided elevations depict new signage, a
Master Sign Plan application will be required to finalize the types and number of signs prior to
the issuance of any permits. A condition of approval has been included to ensure conformance
with this requirement.
South of the proposed tower, between Teddy Drive and Kings Way, an area exists that is
currently used as tractor-trailer parking. The site plan shows this area being converted into an
additional 204 space surface parking lot and a central utility plant. An Exception from Title
19.08.110 has been requested to allow zero parking lot landscape islands within the interior of
the parking area where one is required every six spaces. Staff recommends denial of this request
as the overall site is over-parked and the installation of the landscape islands provide both shade
and improved aesthetics for this portion of the site. While the parking area is adjacent to
southern perimeter landscape buffer area, Title 19.08.110 specifically excludes perimeter
landscaping from being counted towards the required parking lot landscape island requirement.
There are no technical barriers or physical hardships that would preclude the applicant from
installing the landscape islands within the proposed parking lot as required by code.
The landscape plan depicts 24-inch box trees such as Acacia, Mountain Laurels, and Privets
spaced 20 feet on center along the frontage of South Rancho Drive and Teddy Drive. A condition
of approval will be added to ensure that the proposed landscaping meets minimum Title 19.08
standards for perimeter landscaping. The areas interior to this area of the site along Kings Way
consist of planters also landscaped with 24-inch box trees and various five and one-gallon
shrubs.
The proposed central utility plant will be located to the east of the parking lot and will be 30 feet
in height. It is anticipated that this building will house the hotels cooling towers and other
mechanical equipment. Any exposed equipment will be required to be screened from view and a
condition approval has been added to ensure compliance with this requirement. The building is
shown to be screened on all four sides by 24-inch box trees and various shrubs on the landscape
plan.
Tentative Map
The request is to consolidate all existing parcels into a one-lot commercial subdivision. The
consolidation of multiple existing lots into a single lot will clean up underlying property lines
that inhibit development of the site. With approval of the requested General Plan Amendment
and Rezoning, staff recommends approval of the map with conditions.

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FINDINGS (GPA-64870)
Section 19.16.030(I) of the Las Vegas Zoning Code requires that the following conditions be met
in order to justify a General Plan Amendment:
1.

The density and intensity of the proposed General Plan Amendment is compatible
with the existing adjacent land use designations,
The proposed General Plan amendment will allow for consistency throughout the entire
site and is appropriate for the existing hotel/casino land use. The proposed Service
Commercial is compatible with the adjacent land use designations.

2.

The zoning designations allowed by the proposed amendment will be compatible with
the existing adjacent land uses or zoning districts.
The proposed zoning districts allowed by the SC (Service Commercial) land use are
compatible with the existing hotel/casino land use, as well as adjacent land use and zoning
districts.

3.

There are adequate transportation, recreation, utility, and other facilities to


accommodate the uses and densities permitted by the proposed General Plan
Amendment; and
The subject site is developed with a hotel/casino and has multiple access points from
Sahara Avenue, Teddy Drive, and South Rancho Drive. The site has adequate facilities to
accommodate the uses permitted General Plan Amendment.

4.

The proposed amendment conforms to other applicable adopted plans and policies
that include approved neighborhood plans.
The proposed amendment conforms to all applicable adopted plans and policies.

FINDINGS (ZON-64871)
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 rezoning to C-1 (Limited Commercial) conforms to the exiting and proposed
SC (Service Commercial) designation.

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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 subject site is developed with a hotel/casino, and the rezoning to the C-1 (Limited
Commercial is compatible with the existing use.

3.

Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
The rezoning is required to alleviate a nonconforming use situation for portions of the
subject site. This rezoning also brings portions of the site into conformance with the
existing and proposed general plan designations.

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 adjacent streets and highways adjacent to the site are adequate in size to meet the
requirements of the C-1 (Limited Commercial) zoning district.

FINDINGS (SUP-64872)
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 expansion of the Gaming Establishment, Non-Restricted within the existing
casino is harmonious and compatible with the existing land uses in the area.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The existing hotel/casino is physically suitable for the proposed expansion of the Gaming
Establishment, Non-Restricted 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 is developed with a hotel/casino and has multiple access points from
Sahara Avenue, Teddy Drive, and South Rancho Drive. The site has adequate facilities to
accommodate the Gaming Establishment, Non-Restricted use.
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Staff Report Page Nine
July 12, 2016 - 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 approval of this Special Use Permit does 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.

FINDINGS (SUP-64873)
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.
With conformance with all Federal Aviation Authority and Clark County of Aviation
conditions, the proposed 335-foot tower within the 175-foot Airport Overlay District will
compatible with the uses projected by the General Plan. The site is not subject to
Residential Adjacency standards and is therefore harmonious and compatible with the
existing land uses in the area.

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 335-foot building height within the
175-foot Airport Overlay District.

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 is developed with a hotel/casino and has multiple access points from
Sahara Avenue, Teddy Drive, and South Rancho Drive. The site has adequate facilities to
accommodate the proposed use.

4.

Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
The approval of this Special Use Permit does not compromise the public health, safety,
and welfare or the overall objectives of the General Plan.
FS

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Staff Report Page Ten
July 12, 2016 - Planning Commission Meeting

5.

The use meets all of the applicable conditions per Title 19.12.
With conformance to all Federal Aviation Authority and Clark County of Aviation
conditions, the use meets all applicable conditions of Title 19.12

FINDINGS (SUP-64874)
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 expansion of the Hotel/Casino is harmonious and compatible with the
existing land uses in the area.

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 expansion of the existing hotel.

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 is developed with a hotel/casino and has multiple access points from
Sahara Avenue, Teddy Drive, and South Rancho Drive. The site has adequate facilities to
accommodate the proposed hotel use.

4.

Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
The approval of this Special Use Permit does 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.
There are no additional conditions for a Hotel use within Title 19.12.

FS

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Staff Report Page Eleven
July 12, 2016 - Planning Commission Meeting

FINDINGS (SDR-64875)
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 hotel/casino expansion is compatible with adjacent development and
development in the area.

2.

The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other dulyadopted city plans, policies and standards;
With conformance to the included conditions of approval, the proposed development is
consistent with the General Plan, this Title, the Design Standards Manual, the Landscape,
Wall and Buffer Standards, and other duly-adopted city plans, policies and standards

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
The subject site has multiple access points from Sahara Avenue, Teddy Drive, and South
Rancho Drive and the proposed development does not negatively impact adjacent
roadways or neighborhood traffic.

4.

Building and landscape materials are appropriate for the area and for the City;
The proposed building and landscape materials are appropriate for the area and the City.

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 proposed elevations depict design characteristics that are not unsightly or obnoxious in
appearance, and are harmonious and compatible with development in the area.

6.

Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
Appropriate measures have been taken to protect the publics health, safety and general
welfare.
FS

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Staff Report Page Twelve
July 12, 2016 - Planning Commission Meeting

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a rezoning (Z-50-60) to C-1 (Limited
11/16/60
Commercial) and R-4 (Apartment Residence) as part of a larger request.
The Zoning Board of Adjustment approved a Variance (V-27-73) for a 45005/24/73
unit motel in the C-1 (Limited Commercial) and R-4 (Apartment Residence)
zoning districts.
The Zoning Board of Adjustment approved a Special Use Permit (U-27-74) to
05/23/74
allow a 253-unit motel.
The Zoning Board of Adjustment approved a Plot Plan Review for a 66,000
08/25/83
square-foot expansion to an existing hotel/casino.
The City Council approved a Rezoning (Z-17-83) to C-1 (Limited
04/06/83
Commercial) on a portion of the subject site.
The Planning commission approved a Plot Plan review for a 25,000 square01/28/86
foot expansion to an existing hotel/casino
The City Council approved a Variance (V-75-89) to allow a reduction in
09/06/89
parking by 303 spaces.
The City Council approved a reclassification of property from R-4(Apartment
09/06/89
Residence) to C-1 (Limited Commercial).
The Zoning Board of Adjustment approved a Variance (V-148-92) to allow
03/23/93
3,729 parking spaces where 4,091 are required.
The City Council approved a plot plan and building elevation review (Z-6403/25/93
89) to allow an addition to an existing hotel casino.
The City Council approved a Plot Plan review [Z-64-89(1)] for a proposed
04/21/93
new tower expansion to an existing hotel/casino.
The Zoning Board of Adjustment approved a Variance (V-56-94) to allow
05/24/94
4,009 parking spaces where 5,580 are required.
The City Council approved a plot plan and building elevation review [Z-6406/01/94
89(3)] for a hotel tower expansion and new parking garage for an existing
hotel/casino.
The City Council approved a General Plan Amendment (GPA-43991) to
establish Redevelopment Area 2 and designate a parcel on the subject site as
04/18/12
MXU (Mixed-Use) as a part of a larger request. Staff and the Planning
Commission had recommended approval.
The City Council approved a Variance (VAR-47819) to allow a 50-foot flag
03/20/13
pole on the roof of an existing building where 40 feet is the maximum
allowed. Staff and the Planning Commission had recommended approval.
The Las Vegas Redevelopment Board will hold a public hearing to discuss the
removal of a portion of the subject site (APN: 162-08-602-005) from the
07/20/16
Redevelopment Plan Area 2.
Department of Economic and Urban
Development staff supports this request.
FS

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Staff Report Page Thirteen
July 12, 2016 - Planning Commission Meeting

Pre-Application Meeting
05/19/16

A pre-application meeting was held and the various required cases were
discussed, as well as acknowledgement of the expected timelines and public
hearing dates.

Neighborhood Meeting
A neighborhood meeting was held and three members from the public were in
attendance in addition to City staff and the consultant team. The consultant
gave a brief presentation regarding the specifics of the project and followed
up with a Q&A session. The following questions/comments were made:

06/21/16

Question as to the extent of the casino expansion.


Whether the interior air filtration system was going to be upgraded.
Whether the new bingo room was going to replace the sports book.
Question regarding the timing of the phases.
Question regarding the new utility building.
It was explained that the site landscaping would be upgraded.
It was stated that the area needed amenities such as the proposed
bowling alley and cinema.
It was explained that the old towers faade would not be changing at
this time

Field Check
06/01/16

The subject site is developed with a hotel/casino, parking garages and surface
parking areas.

Details of Application Request


Site Area
Net Acres
30.50

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Staff Report Page Fourteen
July 12, 2016 - Planning Commission Meeting

Surrounding
Property

North

Restaurant, Retail,
Medical Office

Planned or Special
Land Use Designation
SC (Service
Commercial), MXU
(Mixed Use) , M
(Medium Density
Residential), H (High
Density Residential)
SC (Service
Commercial)

South

MXU (Mixed Use)

MXU (Mixed Use)

East

I-15 / Right-of-Way

West

Multi-family
Residential

N/A
H (High Density
Residential), (MXU)
Mixed Use

Subject Property

Existing Land Use


Per Title 19.12

Hotel/Casino

Existing Zoning District

R-4 (High Density


Residential), C-1(Limited
Commercial
C-1 (Limited
Commercial)
R-4 (High Density
Residential)
N/A
R-4 (High Density
Residential), R-1 (SingleFamily Residential)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
A-O (Airport 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
The subject site is located within the 175-foot Airport Overlay District; however,
building elevations indicate a 335-foot tower. A Special Use Permit has been
exceed the maximum 175-foot building height limitation for this site.

Compliance
N/A
Compliance
N
Compliance
N/A
Y
Y
Y
the provided
requested to

A portion of the subject site (APN: 162-08-602-005) is located within the Las Vegas
Redevelopment Plan Area (RDA). On 07/20/16, the Redevelopment Agency will consider a
request to remove the subject parcel from the Las Vegas Redevelopment Area 2, which the
Department of Urban and Economic Development supports.
The proposal is considered a Project of Regional Significance because to the project includes
tourist accommodation of 300 units or more. A Development Impact Notification Assessment
was included with this submittal.

FS

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Staff Report Page Fifteen
July 12, 2016 - Planning Commission Meeting

DEVELOPMENT STANDARDS
Pursuant to Title 19.08 , the following standards apply:
Standard
Required/Allowed
Min. Lot Width
100 Feet
Min. Setbacks
Front
Side
Corner
Rear
Min. Distance Between Buildings
Max. Lot Coverage
Max. Building Height

Provided
>100 Feet

10 Feet
205Feet
10 Feet
460 Feet
10 Feet
50 Feet
20 Feet
206 Feet
10 Feet
N/A Feet
50 %
38 %
N/A Feet
335 Feet
Screened, Gated, w/ Screened
Trash Enclosure
a Roof or Trellis
and roofed
Mech. Equipment
Screened
Screened
The subject site meets all applicable development standards.

Compliance
Y

Y
Y
Y
Y
Y
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:
North
1 Tree / 20 Linear Feet
46 Trees
46 Trees
Y
South
1 Tree / 20 Linear Feet
30 Trees
>30 Trees
Y
East
1 Tree / 20 Linear Feet
45 Trees
>45 Trees
Y
1 Tree / 20 Linear Feet
N/A Trees
N/A Trees
Y
West
TOTAL PERIMETER TREES
121 Trees
>121 Trees
Y
1 Tree / 6 Uncovered
Parking Area Trees
Spaces, plus 1 tree at the
38 Trees
45 Trees
Y
(204 new spaces)
end of each row of spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
15 Feet
15 Feet min
Y
South
15 Feet
15 Feet min
Y
East
15 Feet
15 Feet min
Y
15 Feet
15 Feet min
Y
West
A condition has been added to ensure that perimeter landscape requirements of Title 19.08 are
met along the north, south and east property lines. The portions along the west property line are
excluded from this proposal and no additional work along this area is required.
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Staff Report Page Sixteen
July 12, 2016 - Planning Commission Meeting

Street Name

Functional
Classification of
Street(s)

Sahara Avenue

Primary Arterial

Teddy Drive

Collector

South Rancho Drive

Collector

Governing Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Planned Streets and


Highways Map

100

80

60

N/A
Planned Streets and
Highways Map

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
Gaming, Non1 per 90
126,757 sq. ft.
1,409
restricted
sq. ft.
1 per
Hotel
1,182 rooms
1,182
room
2,591
2,674
Y
TOTAL SPACES
2,555
36
2,659
15
N
Regular and Handicap Spaces

The provided site plan only indicates 15 handicapped parking spaces where 36 are required;
however, the number of handicapped parking spaces within the two parking structures is not
indicated. A condition of approval has been added to ensure that the site demonstrates
compliance with the handicapped parking requirements prior to the issuance of any building
permits. If compliance cannot be demonstrated, a Variance application will be required.

Exceptions
Requirement
One parking lot landscape
island for every six parking
spaces planted with one 24 inch
box tree and five four-gallon
shrubs (34 islands required).

Request

Staff Recommendation

Zero parking landscape


islands for the new
surface parking lot.

Denial

FS

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Staff Report Page Seventeen
July 12, 2016 - Planning Commission Meeting

Staff recommends denial of this request as the overall site is over-parked and the installation of
the landscape islands provide both shade and improved aesthetics for this area of the site. There
are no technical barriers or physical hardships that would preclude the applicant from installing
the landscape islands within the proposed parking lot as required by code. While the parking
area is adjacent to southern perimeter landscape buffer area, Title 19.08.110 specifically
excludes perimeter landscaping from being counted towards the required parking lot landscape
island requirement.

FS

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GPA-64870, ZON-64871, SUP-64872, SUP-64873, SUP-64874 and SDR-64875

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GPA-64870, ZON-64871, SUP-64872, SUP-64873, SUP-64874 and SDR-64875

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GPA-64870 [PRJ-64706] - GENERAL PLAN AMENDMENT RELATED TO ZON-64871, SUP-64872, SUP64873, SUP-64874, SDR-64875 AND TMP-64882 - APPLICANT/OWNER: NP PALACE, LLC
2750 AND 2550 SOUTH RANCHO DRIVE, 2501 WYANDOTTE STREET AND 2411 WEST SAHARA
BOULEVARD
06/02/16

GPA-64870 [PRJ-64706] - GENERAL PLAN AMENDMENT RELATED TO ZON-64871, SUP-64872, SUP64873, SUP-64874, SDR-64875 AND TMP-64882 - APPLICANT/OWNER: NP PALACE, LLC
2750 AND 2550 SOUTH RANCHO DRIVE, 2501 WYANDOTTE STREET AND 2411 WEST SAHARA
BOULEVARD
06/02/16

GPA-64870 [PRJ-64706] - GENERAL PLAN AMENDMENT RELATED TO ZON-64871, SUP-64872, SUP64873, SUP-64874, SDR-64875 AND TMP-64882 - APPLICANT/OWNER: NP PALACE, LLC
2750 AND 2550 SOUTH RANCHO DRIVE, 2501 WYANDOTTE STREET AND 2411 WEST SAHARA
BOULEVARD
06/02/16

GPA-64870 [PRJ-64706] - GENERAL PLAN AMENDMENT RELATED TO ZON-64871, SUP-64872, SUP64873, SUP-64874, SDR-64875 AND TMP-64882 - APPLICANT/OWNER: NP PALACE, LLC
2750 AND 2550 SOUTH RANCHO DRIVE, 2501 WYANDOTTE STREET AND 2411 WEST SAHARA
BOULEVARD
06/02/16

GPA-64870 [PRJ-64706] - GENERAL PLAN AMENDMENT RELATED TO ZON-64871, SUP-64872, SUP64873, SUP-64874, SDR-64875 AND TMP-64882 - APPLICANT/OWNER: NP PALACE, LLC
2750 AND 2550 SOUTH RANCHO DRIVE, 2501 WYANDOTTE STREET AND 2411 WEST SAHARA
BOULEVARD
06/02/16

GPA-64870 [PRJ-64706] - GENERAL PLAN AMENDMENT RELATED TO ZON-64871, SUP-64872, SUP64873, SUP-64874, SDR-64875 AND TMP-64882 - APPLICANT/OWNER: NP PALACE, LLC
2750 AND 2550 SOUTH RANCHO DRIVE, 2501 WYANDOTTE STREET AND 2411 WEST SAHARA
BOULEVARD
06/02/16

GPA-64870 [PRJ-64706] - GENERAL PLAN AMENDMENT RELATED TO ZON-64871, SUP-64872, SUP64873, SUP-64874, SDR-64875 AND TMP-64882 - APPLICANT/OWNER: NP PALACE, LLC
2750 AND 2550 SOUTH RANCHO DRIVE, 2501 WYANDOTTE STREET AND 2411 WEST SAHARA
BOULEVARD
06/02/16

GPA-64870 [PRJ-64706] - GENERAL PLAN AMENDMENT RELATED TO ZON-64871, SUP-64872, SUP64873, SUP-64874, SDR-64875 AND TMP-64882 - APPLICANT/OWNER: NP PALACE, LLC
2750 AND 2550 SOUTH RANCHO DRIVE, 2501 WYANDOTTE STREET AND 2411 WEST SAHARA
BOULEVARD
06/02/16

GPA-64870 [PRJ-64706] - GENERAL PLAN AMENDMENT RELATED TO ZON-64871, SUP-64872, SUP64873, SUP-64874, SDR-64875 AND TMP-64882 - APPLICANT/OWNER: NP PALACE, LLC
2750 AND 2550 SOUTH RANCHO DRIVE, 2501 WYANDOTTE STREET AND 2411 WEST SAHARA
BOULEVARD
06/02/16

GPA-64870 [PRJ-64706] - GENERAL PLAN AMENDMENT RELATED TO ZON-64871, SUP-64872, SUP64873, SUP-64874, SDR-64875 AND TMP-64882 - APPLICANT/OWNER: NP PALACE, LLC
2750 AND 2550 SOUTH RANCHO DRIVE, 2501 WYANDOTTE STREET AND 2411 WEST SAHARA
BOULEVARD
06/02/16

GPA-64870 [PRJ-64706] - GENERAL PLAN AMENDMENT RELATED TO ZON-64871, SUP-64872, SUP64873, SUP-64874, SDR-64875 AND TMP-64882 - APPLICANT/OWNER: NP PALACE, LLC
2750 AND 2550 SOUTH RANCHO DRIVE, 2501 WYANDOTTE STREET AND 2411 WEST SAHARA
BOULEVARD
06/02/16

GPA-64870 [PRJ-64706] - GENERAL PLAN AMENDMENT RELATED TO ZON-64871, SUP-64872, SUP64873, SUP-64874, SDR-64875 AND TMP-64882 - APPLICANT/OWNER: NP PALACE, LLC
2750 AND 2550 SOUTH RANCHO DRIVE, 2501 WYANDOTTE STREET AND 2411 WEST SAHARA
BOULEVARD
06/02/16

GPA-64870, ZON-64871, SUP-64872, SUP-64873, SUP-64874 and SDR-64875

GPA-64870, ZON-64871, SUP-64872, SUP-64873, SUP-64874 and SDR-64875

GPA-64870, ZON-64871, SUP-64872, SUP-64873, SUP-64874 and SDR-64875

Agenda Item No.: 65.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ZON-64871 - REZONING RELATED TO GPA-64870 - PUBLIC HEARING APPLICANT/OWNER: NP PALACE, LLC - For possible action on a request for a Rezoning
FROM: R-4 (HIGH DENSITY RESIDENTIAL) TO: C-1 (LIMITED COMMERCIAL) on 3.03
acres at 2501 Wyandotte Street (APN 162-08-505-004), Ward 1 (Tarkanian) [PRJ-64706]. Staff
recommends APPROVAL.
C.C.: 8/17/2016
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. 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.

ZON-64871

ZON-64871

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Agenda Item No.: 66.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
SUP-64872 - SPECIAL USE PERMIT RELATED TO GPA 64870 AND ZON-64871 - PUBLIC
HEARING - APPLICANT/OWNER: NP PALACE, LLC - For possible action on a request for a
Special Use Permit FOR A PROPOSED 42,252 SQUARE-FOOT EXPANSION TO AN
EXISTING GAMING ESTABLISHMENT, NON-RESTRICTED USE at 2411 West Sahara
Avenue (APNs Multiple), C-1 (Limited Commercial) and R-4 (High Density Residential) Zones
[PROPOSED: C-1 (Limited Commercial)], Ward 1 (Tarkanian) [PRJ-64706]. Staff recommends
APPROVAL.
C.C.: 8/17/2016
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. Location and Aerial Maps - SUP-64872, SUP-64873, SUP-64874 and SDR-64875 [PRJ64706]
3. Special Map
4. 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-64872

SUP-64872

Agenda Item No.: 67.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
SUP-64873 - SPECIAL USE PERMIT RELATED TO GPA 64870, ZON-64871 AND SUP64872 - PUBLIC HEARING - APPLICANT/OWNER: NP PALACE, LLC - For possible action
on a request for a Special Use Permit FOR A PROPOSED 335-FOOT BUILDING HEIGHT
WITHIN THE AIRPORT OVERLAY DISTRICT WHERE 175 FEET IS THE MAXIMUM
HEIGHT ALLOWED at 2411 West Sahara Avenue (APNs Multiple), C-1 (Limited
Commercial) and R-4 (High Density Residential) Zones [PROPOSED: C-1 (Limited
Commercial)], Ward 1 (Tarkanian) [PRJ-64706]. Staff recommends APPROVAL.
C.C.: 8/17/2016
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-64873

SUP-64873

Agenda Item No.: 68.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
SUP-64874 - SPECIAL USE PERMIT RELATED TO GPA 64870, ZON-64871, SUP-64872
AND SUP-64873 - PUBLIC HEARING - APPLICANT/OWNER: NP PALACE, LLC - For
possible action on a request for a Special Use Permit FOR A PROPOSED EXPANSION TO AN
EXISTING HOTEL 2411 at West Sahara Avenue (APNs Multiple), C-1 (Limited Commercial)
and R-4 (High Density Residential) Zones [PROPOSED: C-1 (Limited Commercial)], Ward 1
(Tarkanian) [PRJ-64706]. Staff recommends APPROVAL.
C.C.: 8/17/2016
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-64874

SUP-64874

Agenda Item No.: 69.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
SDR-64875 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-64780, ZON64871, SUP-64872, SUP-64873 AND SUP-64874 - PUBLIC HEARING APPLICANT/OWNER: NP PALACE, LLC - For possible action on a request for a Site
Development Plan Review FOR A 176,693 SQUARE-FOOT EXPANSION OF AN EXISTING
HOTEL/CASINO INCLUDING A NEW 335-FOOT TALL HOTEL TOWER, EXTERIOR
FAADE IMPROVEMENTS, PARKING AND LANDSCAPING ENHANCEMENTS, AND A
CENTRAL UTILITY PLANT on 30.05 acres at 2411 West Sahara Avenue (APNs Multiple), C1 (Limited Commercial) and R-4 (High Density Residential) Zones [PROPOSED: C-1 (Limited
Commercial)], Ward 1 (Tarkanian) [PRJ-64706]. Staff recommends APPROVAL.
C.C.: 8/17/2016
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-64875

SDR-64875

Agenda Item No.: 70.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
TMP-64882 - TENTATIVE MAP RELATED TO GPA-64870 AND ZON-64871 - PALACE
STATION - PUBLIC HEARING - APPLICANT/OWNER: NP PALACE, LLC - For possible
action on a request for a Tentative Map FOR A ONE-LOT COMMERCIAL SUBDIVISION at
the southwest corner of Rancho Drive and West Sahara Avenue (APNs Multiple), C-1 (Limited
Commercial) and R-4 (High Density Residential) Zones [PROPOSED: C-1 (Limited
Commercial)], Ward 1 (Tarkanian) [PRJ-64736]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 8/17/2016
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. 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.

TMP-64882

TMP-64882

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Agenda Item No.: 71.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
GPA-64884 - GENERAL PLAN AMENDMENT - PUBLIC HEARING APPLICANT/OWNER: 7470, LLC - For possible action on a request for a General Plan
Amendment FROM: R (RURAL DENSITY RESIDENTIAL) TO: GC (GENERAL
COMMERCIAL) on 5.19 acres at the northeast corner of Deer Springs Way and Hualapai Way
(APN 125-19-202-006), Ward 6 (Ross) [PRJ-64757]. Staff recommends DENIAL.
C.C.: 8/17/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL
BACKUP DOCUMENTATION:
1. Abeyance Request Letter - GPA-64884, ZON-64885, VAR-64887 and SDR-64886 [PRJ64757]
2. Location and Aerial Maps
3. Conditions and Staff Report - GPA-64884, ZON-64885, VAR-64887 and SDR-64886 [PRJ64757]
4. Supporting Documentation - GPA-64884, ZON-64885, VAR-64887 and SDR-64886 [PRJ64757]
5. Photo(s) - GPA-64884, ZON-64885, VAR-64887 and SDR-64886 [PRJ-64757]
6. Justification Letter - GPA-64884, ZON-64885, VAR-64887 and SDR-64886 [PRJ-64757]
7. Protest Emails - GPA-64884, ZON-64885, VAR-64887 and SDR-64886 [PRJ-64757]

RECEIVED
JUNE 27, 2016
Dept. of Planning

GPA-64884, ZON-64885, VAR-64887 and SDR-64886

GPA-64884, ZON-64885, VAR-64887 and SDR-64886 [PRJ-64757]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY 12, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: 7470, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
GPA-64884
ZON-64885
VAR-64887
SDR-64886

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

REQUIRED FOR
APPROVAL
GPA-64885
GPA-64884
ZON-64885
GPA-64885
ZON-64885
VAR-64887

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

42

NOTICES MAILED

100 - GPA-64884, ZON-64885 and VAR-64887


100 - SDR-64886

APPROVALS

0 - GPA-64884, ZON-64885 and VAR-64887


0 - SDR-64886

PROTESTS

2 - GPA-64884, ZON-64885 and VAR-64887


2 - SDR-64886

NE

GPA-64884, ZON-64885, VAR-64887 and SDR-64886 [PRJ-64757]


Conditions Page One
July 12, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-64887 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for General Plan Amendment
(GPA-64884), Rezoning (ZON-64885), and Site Development Plan Review (SDR-64886)
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.

SDR-64886 CONDITIONS
Planning
1.

Approval of General Plan Amendment (GPA-64884) and Rezoning (ZON-64885); and


Approval of and conformance to the Conditions of Approval for Variance (VAR-64887)
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.
NE

GPA-64884, ZON-64885, VAR-64887 and SDR-64886 [PRJ-64757]


Conditions Page Two
July 12, 2016 - Planning Commission Meeting

3.

All development shall be in conformance with the site plan and landscape plan date
stamped 06/15/16; and building elevations date stamped 06/01/16 and 06/15/16, except as
amended by conditions herein.

4.

A Waiver from Title 19.08 is hereby approved, to allow the car wash bay to face the public
right-of-way where such is not allowed.

5.

A Waiver from Title 19.08 is hereby approved, to allow a drive-through stacking lane for
five vehicles where a stacking lane that accommodates six vehicles is required.

6.

A Waiver from Title 19.08 is hereby approved, to allow a five-foot landscape buffer along
a portion of the east property line where eight feet is required.

7.

A Waiver from Title 19.08 is hereby approved, to not orient the buildings to the corner and
street fronts where such is required.

8.

An Exception from Title 19.08 is hereby approved, to allow five parking lot landscape
islands where seven parking lot landscape islands are required.

9.

The Trash Enclosure and Mechanical Equipment shall be screened in accordance with Title
19.08.040(E)(4).

10.

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.

11.

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

12.

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.

13.

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.

NE

GPA-64884, ZON-64885, VAR-64887 and SDR-64886 [PRJ-64757]


Conditions Page Three
July 12, 2016 - Planning Commission Meeting

14.

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.

15.

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.

16.

17.

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

18.

Dedicate 50 feet for Hualapai Way and 40 feet for Deer Springs Way adjacent to this site
prior to the issuance of off-site permits. Additionally, dedicate a 35-foot radius with a
Traffic Signal Chord Easement at the northeast corner or Hualapai Way and Deer Springs
Way. Also dedicate additional right-of way per Standard Drawing #201.1 on Hualapai
Way and Deer Springs Way and a bus turnout per Standard Drawing #234.1 on Hualapai
Way prior to the issuance of off-site permits.

19.

Grant pedestrian access easements for all public sidewalk located outside of the public
right-of-way.

20.

Construct all half-street improvements on Hualapai Way and Deer Springs Way per current
City Standards including traffic signal underground infrastructure at the northeast corner of
Hualapai Way and Deer Springs Way adjacent to this site concurrent with development of
this site. All existing off-site improvements damaged or removed by this development
shall be restored at its original location and to its original width concurrent with
development of this site.

21.

Unless otherwise allowed by the City Engineer, construct sidewalk on at least one side of
all access drives connecting this site to the adjacent public streets concurrent with
development of this site. The connecting sidewalk shall extend from the sidewalk on the
public street to the first intersection of the on-site roadway network and shall be terminated
on-site with a handicap ramp.

22.

Meet with the Fire Protection Engineering Section of the Department of Fire Services to
discuss fire requirements for the proposed use of this facility.

NE

GPA-64884, ZON-64885, VAR-64887 and SDR-64886 [PRJ-64757]


Conditions Page Four
July 12, 2016 - Planning Commission Meeting

23.

All private improvements and landscaping 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.

24.

Submit an Encroachment Agreement to the City of Las Vegas for all landscaping and
private improvements in the Hualapai Way and Deer Springs Way public rights-of way
adjacent to this site. 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 applicant and any
successors in interest to the property and assigns pursuant to the terms 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).

25.

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.

26.

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

NE

GPA-64884, ZON-64885, VAR-64887 and SDR-64886 [PRJ-64757]


Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The applicant has proposed a commercial development consisting of a Convenience Store with
Fuel Pumps and a Canopy; a General Retail Store; a Full Service Car Wash Facility; a Coffee
Shop; a Restaurant with Drive-Through; and a 700-Unit Storage Facility on 5.19 acres at the
northeast corner of Deer Springs Way and Hualapai Way.

ISSUES

A General Plan Amendment is required to amend the subject site from R (Rural Density
Residential) to GC (General Commercial) Land Use Designation to support the requested
zoning district C-2 (General Commercial).
Rezoning the subject site from R-E (Residence Estates) to C-2 (General Commercial) is
required to allow the proposed commercial development and proposed land uses.
A Variance is required to allow for the construction of a commercial building within the
residential adjacency setback along the east and north property lines.
Waivers are required to allow the Car Wash Bay to face the public right-of-way, to allow a
reduced vehicle stacking lane in the drive-through, to allow reduced landscape buffers along
the east property line, and to not orient the proposed buildings to the corner and street fronts.

ANALYSIS
After meeting with the area residents during a scheduled neighborhood meeting on June 20,
2016, the applicant requested an abeyance until the August 9, 2016 Planning Commission
meeting to allow for more time to analyze the subject site and re-submit new exhibits to the
Planning Department for consideration.
As it stands today, staff finds the proposed General Plan Amendment and associated Rezoning,
Variance, and Site Development Plan Review applications to be incompatible with the existing
single family residential homes and zoning districts in the area, and the land uses permitted in the
proposed C-2 (General Commercial) zoning district to be inappropriate and too intense for
residential adjacency; therefore, staff recommends denial of all of the requested applications. If
approved, the proposed commercial development would be able to be constructed as submitted.

FINDINGS (GPA-64884)
Section 19.16.030(I) of the Las Vegas Zoning Code requires that the following conditions be met
in order to justify a General Plan Amendment:
NE

GPA-64884, ZON-64885, VAR-64887 and SDR-64886 [PRJ-64757]


Staff Report Page Two
July 12, 2016 - Planning Commission Meeting

1.

The density and intensity of the proposed General Plan Amendment is compatible
with the existing adjacent land use designations,
The intensity of the proposed GC (General Commercial) General Plan designation is
not compatible with the adjacent existing R (Rural) General Plan designated single
family residences to the north, or the R-E [Rural Estates Residential (2 Units per Acre)]
zoned property within Clark Countys jurisdiction to the east.

2.

The zoning designations allowed by the proposed amendment will be compatible with
the existing adjacent land uses or zoning districts,
The C-2 (General Commercial) zoning district supported by the GC (General Commercial)
Land Use Designation permits uses such as an Auto Sales Showroom; Building &
Landscape Material/Lumber Yards; Cold Storage Plants; Emergency Ambulance Services,
Ground; a Hotel, and a Motel or Hotel Suites. Staff finds the uses permitted in the C-2
(General Commercial) zoning district to be too intense and inappropriate to be adjacent to
single family residences.

3.

There are adequate transportation, recreation, utility, and other facilities to


accommodate the uses and densities permitted by the proposed General Plan
Amendment; and
Deer Springs Way is a Major Collector with Hualapai Way being a Primary Arterial as
defined by the Master Plan of Streets and Highways. Both of which would be adequate to
accommodate the uses and densities permitted within the GC (General Commercial) Land
Use Designation.

4.

The proposed amendment conforms to other applicable adopted plans and policies
that include approved neighborhood plans.
Map Two of the Centennial Hills Sector Concept Land Use Map has the intersection of
Deer Springs Way and Hualapai Way designated as part of the Rural Preservation area.
Amending the General Plan to GC (General Commercial) would not conform to the
Centennial Hills Sector Plan.

FINDINGS (ZON-64885)
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.

NE

GPA-64884, ZON-64885, VAR-64887 and SDR-64886 [PRJ-64757]


Staff Report Page Three
July 12, 2016 - Planning Commission Meeting

If approved, the proposed C-2 (General Commercial) zoning district would conform to the
requested GC (General Commercial) General Plan Designation; however, staff is
recommending denial as the requested zoning district does not conform with surrounding
land uses.
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.
Staff finds the proposed uses, in addition to uses currently permitted in the C-2 (General
Commercial) zoning district by Title 19.12 to be too intense and inappropriate to be
adjacent to single family residences.

3.

Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
In addition to the neighbors expressing their desire for the subject site to be developed into
single family residential lots during the neighborhood meeting, building permits for
housing have increased 11.4% from November, 2014 to November, 2015 Citywide. As
the local economic conditions continue to improve, the City is seeing an increased demand
for new residential construction. This indicates a demand for additional housing stock, not
commercial space.

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.
Deer Springs Way is a Major Collector with Hualapai Way being a Primary Arterial as
defined by the Master Plan of Streets and Highways. Both of which would be adequate to
accommodate the land uses permitted within the C-2 (General Commercial) zoning
district.

FINDINGS (VAR-64887)
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.

NE

GPA-64884, ZON-64885, VAR-64887 and SDR-64886 [PRJ-64757]


Staff Report Page Four
July 12, 2016 - 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 overdeveloping the subject site. Alternative site design
would allow conformance to the Title 19 requirements for Residential Adjacency. 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. Staff recommends denial of this application.

FINDINGS (SDR-64886)
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;
As demonstrated by the need for a General Plan Amendment, a Rezoning, a Variance from
Residential Adjacency standards, and multiple development Waivers, the proposed
development is incompatible with the existing residential uses in the area.

2.

The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other dulyadopted city plans, policies and standards;
The proposed development does not conform with Title 19 Development Standards as
demonstrated by the need for a Residential Adjacency Variance, and multiple Waivers for
landscape buffer requirements and drive-through lane stacking requirements.

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;

NE

GPA-64884, ZON-64885, VAR-64887 and SDR-64886 [PRJ-64757]


Staff Report Page Five
July 12, 2016 - Planning Commission Meeting

The primary access to the subject site is Hualapai Way, a Primary Arterial and Deer
Springs Way, a Major Collector as designated by the Master Plan of Streets and Highways.
Both access points would serve as adequate to meet the traffic needs of the proposed
development.
4.

Building and landscape materials are appropriate for the area and for the City;
The proposed building and landscape materials are appropriate for the area and a desert
climate.

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 demonstrated structures with varied rooflines and building facades
and would not be unsightly, but by requiring a Residential Adjacency Variance it is
evident that the proposed structures would be intrusive to the existing adjacent residential
neighborhood and would not create an aesthetically pleasing environment for the existing
neighbors. The proposed commercial development would not be harmonious or
compatible with the existing residential development in the area.

6.

Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
Development of the site is subject to all applicable codes, permitting and inspections,
thereby securing the public health, safety and general welfare.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
Code Enforcement processed a complaint (#117692) for an abandoned
07/30/12
political sign on the east side of Hualapai Way, north of Deer Springs Way.
The case remains open.
Code Enforcement processed a complaint (#130034) for a food truck on the
06/13/13
corner of Deer Springs Way and Hualapai Way. The case was resolved on
06/13/13.
Code Enforcement processed a complaint (#130034) for a food truck parking
on the County side of the intersection of Deer Springs Way and Hualapai
06/18/13
Way. Complainant wants to make sure the food truck remains within the
County limits. The case was resolved on 08/12/13.

NE

GPA-64884, ZON-64885, VAR-64887 and SDR-64886 [PRJ-64757]


Staff Report Page Six
July 12, 2016 - Planning Commission Meeting

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


The City Council approved a Petition to Annex (ANX-61543) 5.39 acres on
01/20/16
the northeast corner of Deer Springs Way and Hualapai Way.

Most Recent Change of Ownership


07/26/12
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no relative building permits or business licenses for the subject site.

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal requirements
05/24/16
for a General Plan Amendment, Rezoning, Variance, and Site Development
Plan Review were discussed.

Neighborhood Meeting
Meeting Start Time:
Meeting End Time:

6:30 p.m.
7:30 p.m.

Attendance: 5 Representatives for the Applicant


1 Representative from the Planning Department
1 Representative from Mayor Pro Tem Ross Office
Approximately 32 Members of the public (neighbors).

06/20/16

Concerns:
The neighbors do not want any kind of commercial located on that
particular lot. The neighbors feel the other commercial projects in the
area provide them with enough services.
The neighbors are concerned with having commercial uses within
close proximity of their homes and yards, creating noise problems.
The neighbors whose property are adjacent to the proposed project do
not want commercial uses in their backyard. They are concerned with
losing their privacy and people jumping walls, etc.
The neighbors are also concerned with their property values
plummeting after the project is built. No one wants a mini-storage and
a convenience store/gas station in their backyard, and they will lose
value and not be able to sell their homes for what they paid. Many

NE

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Staff Report Page Seven
July 12, 2016 - Planning Commission Meeting

Neighborhood Meeting

expressed how they have spent their life savings to be able to live in
the rural area and want to spend their remaining (retirement) years
there.
The majority of the neighbors expressed the sentiment that they
purposely purchased a home in that particular area because they enjoy
the peacefulness of a rural area and they do not want to be surrounded
by commercial development, and they want to maintain the rural feel
of the area.
The neighbors did not appreciate the Variance request to reduce the
residential adjacency requirement, which furthers the encroachment of
the commercial development into their residential properties. The
neighbors felt the applicant should have at least tried to meet the
minimum code requirements for development especially since the
project is adjacent to residential, and they do not feel the reduced
landscape buffer provides an adequate buffer for them either.
The neighbors felt even with specialized lighting fixtures, since the
commercial buildings are so close to residential there will still be
errant lighting spilling over into their yards at night. Commercial
developments need to have adequate lighting at night for
security/safety reasons, and the lighting of their yards, rear windows
will be unavoidable at night.
Increased traffic was another concern, along with the transient
population that mini-storage facilities tend to bring.
The residents are willing to compromise if the developer will build
more homes on the lot and keep the lot residentially zoned. The
neighbors are willing to accept R-1 (Single Family Residential) as a
possible zoning district for the site in order to see homes built on the
site. They will not accept apartments, condominiums, etc. Only single
family, detached homes.

None of the residents that attended this meeting were in support of this project
and intend to rally together the remaining residents who were unable to attend
in order to protest this proposed project at the Planning Commission and City
Council meetings.

Field Check
06/02/16

Staff performed a routine field check of the subject site where a vacant,
undeveloped lot was observed.

NE

GPA-64884, ZON-64885, VAR-64887 and SDR-64886 [PRJ-64757]


Staff Report Page Eight
July 12, 2016 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres
5.19
Surrounding
Property

Existing Land Use


Per Title 19.12

Subject Property

Undeveloped

North

Single Family
Residential,
Detached

South

Undeveloped

East

Undeveloped

West

Multi-Family
Residential

Planned or Special
Land Use Designation
R (Rural Density
Residential)
L (Low Density
Residential)

Existing Zoning District


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

PCD (Planned
Community
Development)
RL [(Residential Low)
Rural Neighborhood
Preservation I] Clark
County
PCD (Planned
Community
Development)

PD (Planned
Development)
R-E [Rural Estates
Residential (2 Units per
Acre)]Clark County
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
Y
Y

DEVELOPMENT STANDARDS
Residential Adjacency Standards:
3:1 proximity slope East Property Line
3:1 proximity slope North Property Line

Required
72 Feet
72 Feet

Trash Enclosure

50 Feet

Provided
40 Feet
56 Feet
Approximately
170 Feet

Compliance
N*
N*
Y

NE

GPA-64884, ZON-64885, VAR-64887 and SDR-64886 [PRJ-64757]


Staff Report Page Nine
July 12, 2016 - Planning Commission Meeting

*The applicant has requested a Variance (VAR-64887) to allow for a 40-foot Residential
Adjacency Setback along the east property line where 72 feet is required, and a 56-foot
Residential Adjacency Setback along the north property line where 72 feet is required.

Street Name

Functional
Classification of
Street(s)

Deer Springs Way

Major Collector

Hualapai Way

Primary Arterial

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

Actual
Street Width
(Feet)

Compliance
with Street
Section

40

80

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
1:50
Public
10
Restaurant
with DriveThrough

Restaurant
with DriveThrough

2,061 SF
1:200
Remaining
1:50
Public

8
29

2,220 SF
1:200
Remaining

Car Wash,
2,300 SF
1:150
Full Service
Mini-Storage
1:50 Units
700 Units
Facility
+5
General Retail
Store, Other
4,891 SF
1:175
Than Listed
TOTAL SPACES REQUIRED
Regular and Handicap Spaces Required

4
16
19
30
116
111

129
123

Y
Y

NE

GPA-64884, ZON-64885, VAR-64887 and SDR-64886 [PRJ-64757]


Staff Report Page Ten
July 12, 2016 - Planning Commission Meeting

Waivers
Requirement
If service or wash bay doors are
provided, openings to the bay
doors shall not face public
rights-of-way and shall be
designed to minimize the visual
intrusion into adjoining
properties.

Request

Staff Recommendation

To allow a wash bay to face the


public right-of-way.

Denial

A single-station drive-through that


accommodates five vehicles,
including the vehicle at the station.

Denial

An eight-foot landscape buffer


along the east property line.

To reduce the required eight-foot


landscape buffer to five feet along
portions of the east property line.

Denial

Buildings on corner lots should


be oriented to the corner and to
the street fronts, and should
make a strong tie to the building
lines of each street.

To not orient the buildings to the


corner or street fronts.

Denial

A single-station drive-through
shall have a stacking lane that
will accommodate a minimum
of six vehicles, including the
vehicle at the station.

Exceptions
Requirement
One Landscape Island for Every
Six Parking Spaces

Request
To Provide Only Five Landscape
Islands Throughout the Parking Lot
Where Seven Landscape Islands
Would Be Required.

Staff Recommendation
Denial

NE

GPA-64884

GPA-64884

7A7

777A7

7777A

7777A

77b77

777A

77A
777

777
777
77
77
77 77

A77 777A
77

b
b
b777b
77

7
7

77

77
7
77

77

b 7b
b77
b

b777b
b777b

77bA77

777A7

777A

7777

7777b

77

77

77AA77b

7 AAA7A

7A
77Ab7A

 7A7

77 7A7A

7bA

6bb 6
6bb776
b57b
b 5 b

777b

b777b
b

b
b777b
b

b7777b
b


775
5
7

7777

67776
6
6

777

7777 7
7 77777777 7b
7 77 777 7
777 77777

7 7
77 7 7

b77

77 77

GPA-64884, ZON-64885, VAR-64887 and SDR-64886 - REVISED

GPA-64884, ZON-64885, VAR-64887 and SDR-64886 - REVISED

GPA-64884, ZON-64885, VAR-64887 and SDR-64886 - REVISED

GPA-64884, ZON-64885, VAR-64887 and SDR-64886 - REVISED

GPA-64884, ZON-64885, VAR-64887 and SDR-64886

GPA-64884, ZON-64885, VAR-64887 and SDR-64886

GPA-64884, ZON-64885, VAR-64887 and SDR-64886

GPA-64884, ZON-64885, VAR-64887 and SDR-64886

GPA-64884, ZON-64885, VAR-64887 and SDR-64886

GPA-64884, ZON-64885, VAR-64887 and SDR-64886

GPA-64884, ZON-64885, VAR-64887 and SDR-64886

GPA-64884, ZON-64885, VAR-64887 and SDR-64886

GPA-64884, ZON-64885, VAR-64887 and SDR-64886

GPA-64884, ZON-64885, VAR-64887 and SDR-64886 - REVISED

AA77A

AA7A7A

A7

A
7 7

777
7
777
7
77

7b77AAA777
Ab7
A7A7AA
777A

A777777777777777

GPA-64884, ZON-64885, VAR-64887 and SDR-64886 - REVISED

AA77A

AA7A7A

A7

A
7 7

777
7
777
7
77

7b77AAA777
Ab7
A7A7AA
777A

A777777777777777

GPA-64884, ZON-64885, VAR-64887 and SDR-64886 - REVISED

AA77A

AA77A

A
7 7

777
7
777
7
77

7b77AAA777
Ab7
A7A7AA
777A

A777777777777777

GPA-64884, ZON-64885, VAR-64887 and SDR-64886

AA77A

AA77A

A
A77

777
7
777
7
77

7b77AAA777
Ab7
A7A7AA
777A

A777777777777777

GPA-64884, ZON-64885, VAR-64887 and SDR-64886

AA7777A

AA777A7A

A
A77

777
7
777
7
77

7b77AAA777
Ab7
A7A7AA
777A

A777777777777777

GPA-64884, ZON-64885, VAR-64887 and SDR-64886

AA7777A

AA777A7A

A
A77

777
7
777
7
77

7b77AAA777
Ab7
A7A7AA
777A

A777777777777777

GPA-64884, ZON-64885, VAR-64887 and SDR-64886

AA7777A

AA7777A

A
A77

777
7
777
7
77

7b77AAA777
Ab7
A7A7AA
777A

A777777777777777

GPA-64884, ZON-64885, VAR-64887 and SDR-64886

AA7777A

AA7777A

A
A77

777
7
777
7
77

7b77AAA777
Ab7
A7A7AA
777A

A777777777777777

GPA-64884, ZON-64885, VAR-64887 and SDR-64886

GPA-64884, ZON-64885, VAR-64887 and SDR-64886

GPA-64884, ZON-64885, VAR-64887 and SDR-64886 - REVISED

AA7 7A7

A
7 7

777
7
777
7
77

7b77AAA777
Ab7
A7A7AA
777A

A777777777777777

GPA-64884, ZON-64885, VAR-64887 and SDR-64886

AA7777A7

AA
b

A
A77

777
7
777
7
77

7b77AAA777
Ab7
A7A7AA
777A

A777777777777777

GPA-64884, ZON-64885, VAR-64887 and SDR-64886

7b7777A7

7b77AAA77A

A
A77

777
7
777
7
77

7b77AAA777
Ab7
A7A7AA
777A

A777777777777777

GPA-64884, ZON-64885, VAR-64887 and SDR-64886

GPA-64884, ZON-64885, VAR-64887 and SDR-64886

AA7b

A
A77

7b77AAA777
Ab7
A7A7AA
777A

A777777777777777

777
7
777
7
77

GPA-64884, ZON-64885, VAR-64887 and SDR-64886

GPA-64884, ZON-64885, VAR-64887 and SDR-64886

GPA-64884 [PRJ-64757] - GENERAL PLAN AMENDMENT RELATED TO ZON-64885, VAR-64887 AND


SDR-64886 - APPLICANT/OWNER: 7470, LLC
NORTHEAST CORNER OF DEER SPRINGS WAY AND HUALAPAI WAY
06/02/16

GPA-64884 [PRJ-64757] - GENERAL PLAN AMENDMENT RELATED TO ZON-64885, VAR-64887 AND


SDR-64886 - APPLICANT/OWNER: 7470, LLC
NORTHEAST CORNER OF DEER SPRINGS WAY AND HUALAPAI WAY
06/02/16

Agenda Item No.: 72.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ZON-64885 - REZONING RELATED TO GPA-64870 - PUBLIC HEARING APPLICANT/OWNER: 7470, LLC - For possible action on a request for a Rezoning FROM: RE (RESIDENCE ESTATES) TO: C-2 (GENERAL COMMERCIAL) on 5.19 acres at the
northeast corner of Deer Springs Way and Hualapai Way (APN 125-19-202-006), Ward 6 (Ross)
[PRJ-64757]. Staff recommends DENIAL.
C.C.: 8/17/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps - ZON-64885, VAR-64887 and SDR-64886 [PRJ-64757]
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.

ZON-64885

ZON-64885

7A7

777A7

7777A

77b77

7777A

777A

77A7

77 ?
A 7

77


7

76
6

b77b
b
b

A777A

77
7

77


7

77

77 7

77 7

77
7

b77b
b b

77 ?

77
7
777 7?

b77 ?
b

77bA77

777A7

777A

7777

7777b

77

77

77AA77b

7 AAA7A

7A
77Ab7A

 7A7

77 7A7A

7bA

77 7

77A
77
7
77 7
7 76

777

b 777b
b

b77

b 7b
b

77

b 77

7b
b

77
7

b 77
7b

b
b 77


7b
b

b 7
b77

6
6

777b
7

7777 7
7 77777777 7b
7 77 777 7
777 77777

7 7
77 7 7

b7

77 77

Agenda Item No.: 73.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
VAR-64887 - VARIANCE RELATED TO GPA-64884 AND ZON-64885 - PUBLIC
HEARING - APPLICANT/OWNER: 7470, LLC - For possible action on a request for a
Variance TO ALLOW A 40-FOOT RESIDENTIAL ADJACENCY SETBACK ALONG THE
EAST PROPERTY LINE WHERE 72 FEET IS REQUIRED AND TO ALLOW A 56-FOOT
RESIDENTIAL ADJACENCY SETBACK ALONG THE NORTH PROPERTY LINE WHERE
72 FEET IS REQUIRED on 5.19 acres at the northeast corner of Deer Springs Way and
Hualapai Way (APN 125-19-202-006), Ward 6 (Ross) [PRJ-64757]. Staff recommends
DENIAL.
C.C.: 8/17/2016
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-64887

VAR-64887

Agenda Item No.: 74.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
SDR-64886 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-64884, ZON64885, VAR-64887, AND VAR-65068 - PUBLIC HEARING - APPLICANT/OWNER: 7470,
LLC - For possible action on a request for a Site Development Plan Review FOR A PROPOSED
3,668 SQUARE-FOOT GENERAL RETAIL STORE, OTHER THAN LISTED
[CONVENIENCE STORE] WITH FUEL PUMPS AND CANOPY, A 1,223 SQUARE-FOOT
GENERAL RETAIL STORE, OTHER THAN LISTED, A 2,300 SQUARE-FOOT CAR
WASH, FULL SERVICE WITH A WAIVER TO ALLOW THE CAR WASH BAY TO FACE
THE PUBLIC RIGHT-OF-WAY WHERE SUCH IS NOT PERMITTED, A 2,220 SQUAREFOOT RESTAURANT WITH DRIVE-THROUGH WITH A WAIVER TO ALLOW A
STACKING LANE FOR FIVE VEHICLES WHERE SIX VEHICLES IS REQUIRED, A 2,061
SQUARE-FOOT RESTAURANT, WITH DRIVE THROUGH, AND A 700-UNIT, 84,800
SQUARE-FOOT MINI-STORAGE FACILITY WITH WAIVERS TO ALLOW FIVE FEET OF
PERIMETER LANDSCAPE BUFFERING ON A PORTION OF THE EAST PROPERTY
LINE WHERE EIGHT FEET IS THE MINIMUM REQUIRED AND TO NOT ORIENT THE
BUILDINGS TO THE CORNER AND STREET FRONTS WHERE SUCH IS REQUIRED on
5.19 acres at the northeast corner of Deer Springs Way and Hualapai Way (APN 125-19-202006), R-E (Residence Estates) Zone [PROPOSED: C-2 (General Commercial)] Ward 6 (Ross)
[PRJ-64757]. Staff recommends DENIAL.
C.C.: 8/17/2016
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-64886

SDR-64886

SDR 64886
7470, LLC

NWC Deer Springs Way & Hualapai Way


Proposed 96.272 thousand square foot commercial development.
First Use
152.84

Average Daily Traffic (ADT)


GAS/SERVICE W/MARKET & CAR WASH
[FUELING POSITIONS]

AM Peak Hour

16

PM Peak Hour

11.93
13.94

2,445
191
223

Second Use
496.12

Average Daily Traffic (ADT)


FAST-FOOD WITH DRIVE-THRU [1000
SF]

AM Peak Hour

4.281

PM Peak Hour

49.35
33.84

2,124
211
145

Second Use
Average Daily Traffic (ADT)

42.94
SHOPPING CENTER [1000 SF]

AM Peak Hour

1.223

PM Peak Hour

1.00
3.73

53
1
5

Second Use
Average Daily Traffic (ADT)

2.50
MINI-WAREHOUSE [1000 SF, GROSS]

AM Peak Hour

84.8

PM Peak Hour

0.15
0.26

212
13
22

Total Use
Average Daily Traffic (ADT)

42.94
SHOPPING CENTER [1000 SF]

AM Peak Hour
PM Peak Hour

1.00
3.73

Existing traffic on nearby streets:


Deer Springs Way
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

2,729
218

Hualapai Way
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

96.272

26,163
2,093

4,834
416
395

Traffic Capacity of adjacent streets:


Deer Springs Way
Hualapai Way

Adjacent Street ADT Capacity


16,300
34,500

This project will add approximately 4,834 trips per day on Deer Springs Wy. and Hualapai Wy. Deer Springs is currently at
about 17 percent of capacity and Hualapai is at about 76 percent of capacity. After this project, Deer Springs is expected to
beat about 46 percent of capacity and Hualapai to be at about 90 percent of capacity.
Based on Peak Hour use, this development will add into the area roughly 416 additional cars, or about seven every
minute.
Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 75.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ZON-64861 - REZONING - PUBLIC HEARING - APPLICANT/OWNER: NIDA QUITORIO
AND BUDDY N. QUITORIO - For possible action on a request for a Rezoning FROM: P-O
(PROFESSIONAL OFFICE) TO: R-3 (MEDIUM DENSITY RESIDENTIAL) on 0.16 acres at
519 South 8th Street (APN 139-34-810-054), Ward 3 (Coffin) [PRJ-64668]. Staff recommends
DENIAL.
C.C.: 8/17/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - ZON-64861, VAR-64862 and VAR-64864 [PRJ-64668]
2. Conditions and Staff Report - ZON-64861, VAR-64862 and VAR-64864 [PRJ-64668]
3. Supporting Documentation - ZON-64861, VAR-64862 and VAR-64864 [PRJ-64668]
4. Photo(s) - ZON-64861, VAR-64862 and VAR-64864 [PRJ-64668]
5. Justification Letter - ZON-64861, VAR-64862 and VAR-64864 [PRJ-64668]

ZON-64861, VAR-64862 and VAR-64864 [PRJ-64668]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY 12, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: NIDA QUITORIO AND BUDDY N.
QUITORIO

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

ZON-64861

Staff recommends DENIAL.

VAR-64862

Staff recommends DENIAL, if approved subject to


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

VAR-64864

REQUIRED FOR
APPROVAL

ZON-64861
ZON-64861

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

186 - ZON-64861 and VAR-64862


186 - VAR-64864

APPROVALS

0 - ZON-64861 and VAR-64862


0 - VAR-64864

PROTESTS

0 - ZON-64861 and VAR-64862


0 - VAR-64864

NE

ZON-64861, VAR-64862 and VAR-64864 [PRJ-64668]


Conditions Page One
July 12, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-64862 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Rezoning (ZON-64861)


and Variance (VAR-64864) 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-64864 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Rezoning (ZON-64861)


and Variance (VAR-64862) 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.
NE

ZON-64861, VAR-64862 and VAR-64864 [PRJ-64668]


Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request to Rezone property located at 519 South 8th Street from P-O (Professional
Office) to R-3 (Medium Density Residential). The applicant is also requesting a Variance to
allow a three-foot side yard setback where five-feet is required, and a three-foot rear yard setback
where twenty feet is required for an existing dwelling unit. In addition, the applicant is
requesting a Variance for a zero-foot side setback for a storage shed, where five feet is required;
and to allow for three parking spaces where five parking spaces are required for the existing
multi-family units.

ISSUES

A rezoning application is required to retain three dwelling units on the subject site.
A Variance is required to not provide for additional parking for the third dwelling unit.
Variances are required to allow for reduced side and rear yard setbacks for a third MultiFamily dwelling unit that was constructed without permits, and for a zero-foot side yard
setback for an existing storage shed that was constructed on the property line.

ANALYSIS
On October 23, 1975, the subject site was granted a Variance (V-63-75) that permitted two
existing dwelling units where only one dwelling unit is permitted in a R-1 (Single Family
Residential) zoning district, and permitted said building to have a nonconforming front yard
setback and no side yard setback on the north side where a five-foot side yard setback is
required. Also, the subject site was granted a parking Variance under the same action that
allowed for three parking spaces where four parking spaces were required for the two units.
Condition Number One of Variance (V-63-75) required all necessary permits and inspections
shall be obtained as required by the Department of Building and Safety. Staff was unable to
locate any building permits in relation to this action. The final action (approval) letter for
Variance (V-63-75) also noted that, an approved Variance must be exercised within six months
or it becomes null and void, unless a request for an Extension of Time is filed and approved by
the Board within a six-month time limit. No Extension of Time was filed for this Variance.
Until 1996, the City strongly encouraged property owners in the vicinity of what was then Las
Vegas High School to apply for use Variances, instead of Rezoning the property for any
proposed office development in the area. In 1997, Title 19 was revised and use Variances were
specifically prohibited. Subsequently, any office development within this area was now required
to Rezone the subject site for office use.

NE

ZON-64861, VAR-64862 and VAR-64864 [PRJ-64668]


Staff Report Page Two
July 12, 2016 - Planning Commission Meeting

Within the area generally located south of Clark Avenue and east of 6th Street, a review of City
records indicated there were 35 properties which had a use Variance that allowed office uses on
property zoned R-1 (Low Density Residential). In an effort to bring the zoning designation of
these properties and others into conformance with the existing Downtown Mixed Use General
Plan Land Use Designation, staff initiated Rezoning applications for the subject sites in the area
under authority granted by Title 19, the City Council may change the Zoning designation of
property within the City:
Whenever public necessity, safety and general welfare may require, the City
Council may, upon recommendation by the Planning Commission, rezone any
parcel or area of land within the City from one zoning district to another when
the rezoning will conform to the General Plan and the requirements of Subsection
(K) of this Section.
On November 16, 2011, the City Council approved a request for a Rezoning from R-1 (Single
Family Residential) to P-O (Professional Office) on 31 properties within the area generally
located south of Clark Avenue and east of 6th Street, including the subject site, 519 South 8th
Street (APN 139-34-810-054). Staff and the Planning Commission recommended approval of
this action. Once this Rezoning action was approved, the subject site became a Legal,
Nonconforming structure and land use within the P-O (Professional Office) zoning district. Per
Title 19.14.010:
Within the zoning districts established by this Title, there may exist lots,
structures and uses of land which were lawful before the effective date of this Title
or an amendment thereto and which would be prohibited, regulated, or restricted
under the terms of this Title. It is generally the intent of this Title to permit these
nonconformities to continue until they are removed or abandoned, or until such
earlier time as they are ordered to be removed, but not to encourage their
survival. It is further the intent of this Title, that such nonconforming lots,
buildings, or uses shall not be enlarged upon, expanded or extended, except as
otherwise specifically provided, and that such nonconforming lots, buildings or
uses may not be used as justification for adding other lots, buildings or uses
prohibited elsewhere in the same zoning district. Except as otherwise provided,
nonconforming uses are declared to be incompatible with permitted uses in the
same zoning districts.
On January 28, 2015 Code Enforcement received a complaint (#150020) in regards to the subject
site, with the complainant reporting of multiple unlicensed residential units being leased on a
cash basis, with the front portion of the units being turned into a farm house. Upon
investigation by Code Enforcement on February 4, 2015, staff was able to make contact with the
property manager whom was living and operating a store front (Feathers and Spikes Pet Store)
from the front rental unit without a City business license. During that inspection, the property

NE

ZON-64861, VAR-64862 and VAR-64864 [PRJ-64668]


Staff Report Page Three
July 12, 2016 - Planning Commission Meeting

manager also permitted the Code Enforcement Officer to observe the rear unit, which had a
bathroom, kitchen, and living room. The property manager informed the Code Enforcement
officer of the remaining two units, but was unable to grant access since the tenants were not
available at that time. Code Enforcement also observed a vehicle parked on the gravel in the
front yard. Code Enforcement issued a Violation Notice for the 1) illegal business; 2) the zoning
violation; and 3) residential vehicle storage. Subsequent follow-up inspections were performed
by Code Enforcement on February 25, 2015; June 2, 2015; June 23, 2015; August 11, 2015;
February 3, 2016; and March 8, 2016. On February 2, 2016 a Nuisance Notice and Order to
Comply was issued by the City requiring the property owner to meet with the Planning
Department by March 1, 2016 to disclose intentions of property. A pre-application meeting was
held with staff on May 10, 2016. Code Enforcement Case Number (#150020) remains open
pending the outcome of these applications.
Since building permits were not obtained for the third or fourth dwelling units, staff is unable to
accurately report when these structures were constructed; and with the storage shed being less
than 200 square feet, a building permit was not required for this particular structure, but it still
required to adhere to the minimum setback requirements for the P-O (Professional Office)
zoning district.
Since the issuance of a Correction Notice from Code Enforcement, the illegal storefront (pet
store) has since been shut down, and the number of dwelling units reduced to three. As of the last
inspection performed on March 8, 2016, units one and three are occupied, and unit two is vacant.
The applicant is before this Commission requesting a Rezoning from the P-O (Professional
Office) zoning district to the R-3 (Medium Density Residential) zoning district in order to
maintain the third dwelling unit; a Variance to allow for three parking spaces where five parking
spaces are required to accommodate the parking requirements for the third dwelling unit; and a
Variance to allow for a three-foot side and rear yard setback where five and twenty feet are
required respectively. The setback Variance request is for the third dwelling unit that was
constructed without building permits.
If these applications are approved, the applicant will be required to bring the third dwelling unit
into compliance with current building codes and obtain all necessary building permits for the
third dwelling unit, ultimately resulting in a certificate of occupancy for the third dwelling unit
(studio apartment). If this application is denied, the applicant will be required remove the third
dwelling unit, and conform to the original Conditions of Approval set forth by Variance (V-6375) and remain a Legal, Nonconforming structure and land use in the P-O (Professional Office)
zoning district.

FINDINGS (ZON-64861)
In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning
Commission or City Council must affirm the following:

NE

ZON-64861, VAR-64862 and VAR-64864 [PRJ-64668]


Staff Report Page Four
July 12, 2016 - Planning Commission Meeting

1.

The proposal conforms to the General Plan.


The current General Plan designation of MXU (Mixed-Use) supports both the proposed R3 (Medium Density Residential) zoning district and the existing P-O (Professional Office)
zoning district.

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 subject site is currently surrounded by professional offices, with the last R-1 (Single
Family Residential) zoned property on the block adjacent to the north of the subject site.
Rezoning the subject site will create a spot zoning situation, which by definition is the
action of rezoning a lot or parcel of land in order to benefit an owner for a use
incompatible with surrounding land uses and does not further the General Plan. The
existing structures are not compatible with the surrounding land uses and zoning districts,
as demonstrated by the Code Violations and Variance applications.

3.

Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
The rezoning application is inappropriate for the community as it would create spot zoning
which only benefits the property owner and does not further the General Plan.

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.
8th Street is a Major Collector as defined by the Master Plan of Streets and Highways and
is adequate to meet the needs of the proposed zoning district.

FINDINGS (VAR-64862)
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

NE

ZON-64861, VAR-64862 and VAR-64864 [PRJ-64668]


Staff Report Page Five
July 12, 2016 - Planning Commission Meeting

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 constructing a third dwelling unit without permits and
within the required setbacks. In addition, the applicant constructed a storage shed on the side
yard property line. If the applicant had inquired and/or applied for the necessary building permits
for the third dwelling unit and the storage shed, the applicant would have been made aware of the
Title 19 requirements for constructing a third dwelling unit and a storage shed. 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-64864)
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 constructing a third dwelling unit without a building

NE

ZON-64861, VAR-64862 and VAR-64864 [PRJ-64668]


Staff Report Page Six
July 12, 2016 - Planning Commission Meeting

permit, creating the need for additional necessary parking the existing site is unable to
accommodate. Once again, by inquiring and/or applying for the necessary building permits for a
third multi-family dwelling unit would have allowed for the applicant to be aware of the
requirements set forth by Title 19. 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.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The Board of Zoning Adjustment approved a request for a Variance (V-6375) to allow two existing dwelling units where only one dwelling unit is
permitted and said building has a nonconforming front yard setback and no
10/23/75
side yard setback on the north side where a 5-foot side yard setback is
required; and to allow 3 parking spaces where 4 parking spaces are required
on property located at 519 South 8th Street.
The City Council approved a request for a Rezoning from R-1 (Single Family
Residential) to P-O (Professional Office) on 31 properties within the area
11/16/11
generally located south of Clark Avenue and east of 6th Street. Staff and the
Planning Commission recommended approval.
Code Enforcement processed a complaint (#150020) for the living room being
turned into a farm house with cages of birds and guinea pigs (operating pet
shop without a license); multiple rental units on site that are not taken care of
and are rented on a cash basis, and are operated without a license; pool is
adjacent to one of the rental units and is not being properly maintained;
01/28/15
property taxes are not being paid in accordance with the amount of rental
units; appears to be a hoarding situation. Property owner is very
abusive/aggressive and open carries a weapon, complainant advises to have
LVMPD escort Code Enforcement for investigation. The case remains open
pending the outcome of these applications.

Most Recent Change of Ownership


09/19/02
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#3021979) was issued for a water heater replacement at
10/15/03
519 S. 8th Street. The permit expired on 04/17/04.
A building permit (#120187) was issued for an HVAC replacement at 519 S.
07/17/08
8th Street. The permit remains open.

NE

ZON-64861, VAR-64862 and VAR-64864 [PRJ-64668]


Staff Report Page Seven
July 12, 2016 - Planning Commission Meeting

Pre-Application Meeting
A pre-application conference was conducted by staff where the submittal
05/10/16
requirements for a Rezoning application and multiple Variance applications
were discussed.

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

Field Check

06/02/16

Staff performed a routine field check where staff observed dead grasses and
weeds growing within the front yard rock ground cover; two flag pole
structures without flags in the front yard; small animal cages being stored on
the south side of the front/side yard; a disabled vehicle with no license plates
and debris surrounding the vehicle being stored in the rear yard area adjacent
to the alleyway. In addition, the rear wall had incompatible block courses
added and appeared to be structurally unsound with missing blocks, and
electrical cords were observed leading from exterior light fixtures and a
possible air conditioning unit.

Details of Application Request


Site Area
Net Acres
0.16

Surrounding
Property
Subject Property
North
South
East
West

Existing Land Use


Per Title 19.12
Multi-Family
Residential
Single Family
Residential
Office, Other Than
Listed
Office, Other Than
Listed
Office, Other Than
Listed

Planned or Special
Land Use Designation

Existing Zoning District

MXU (Mixed Use)

P-O (Professional Office)

MXU (Mixed Use)


MXU (Mixed Use)
MXU (Mixed Use)
MXU (Mixed Use)

R-1 (Single Family


Residential)
P-R (Professional Office
and Parking)
P-R (Professional Office
and Parking)
P-O (Professional Office)

NE

ZON-64861, VAR-64862 and VAR-64864 [PRJ-64668]


Staff Report Page Eight
July 12, 2016 - Planning Commission Meeting

Master Plan Areas


Compliance
Las Vegas High School Neighborhood District
Y
Special Purpose and Overlay Districts
Compliance
Live/Work Overlay District
Y
Other Plans or Special Requirements
Compliance
Trails
N/A
Las Vegas Redevelopment Plan Area Downtown Redevelopment Area
N*
Project of Significant Impact (Development Impact Notification Assessment)
N/A
Project of Regional Significance
N/A
*Nonconforming uses: The Agency is authorized to permit an existing use to remain in an
existing building in good condition, which use does not conform to the provisions of this Plan,
provided that such use is generally compatible with existing and proposed developments and
uses in the Redevelopment Area, and abatement of such uses is not required by applicable City
codes.
The Agency may authorize additions, alterations, repairs or other improvements in the
Redevelopment Area for uses which do not conform to the provisions of this Plan where such
improvements are within a portion of the Redevelopment area where, in the determination of the
Agency, such improvements would be compatible with surrounding Redevelopment Area uses
and development and are permitted under applicable City codes.
DEVELOPMENT STANDARDS
Pursuant to 19.08, the following standards apply for the multi-family dwelling unit:
Standard
Required/Allowed
Provided
Compliance
Min. Lot Size
6500 SF
6970 SF
Y
Min. Setbacks
Side
5 Feet
3 Feet
N*
20 Feet
3 Feet
N**
Rear
*The applicant has requested a Variance to allow 3-foot side yard setback where five feet is
required.
** The applicant has requested a Variance to allow 3-foot rear yard setback where 20 feet is
required.
Existing Zoning
P-O (Professional Office)
Proposed Zoning
R-3 (Medium Density
Residential)
General Plan
MXU (Mixed-Use)

Permitted Density
N/A
Permitted Density

Units Allowed
N/A
Units Allowed

13-50 Per Acre

2-8 Units

Permitted Density
N/A

Units Allowed
N/A

NE

ZON-64861, VAR-64862 and VAR-64864 [PRJ-64668]


Staff Report Page Nine
July 12, 2016 - Planning Commission Meeting

Street Name
8th Street

Functional
Classification of
Street(s)
Major Collector

Governing Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Master Plan of Streets


and Highways

50

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
2 Bedroom
1.75
Residential
Multi-Family
1 Bedroom
1.25
5
Residential
Multi-Family
Studio
1.25
Residential
5
3
N*
TOTAL SPACES REQUIRED
4
1
3
0
N*
Regular and Handicap Spaces Required
Percent Deviation
40%
*The applicant has requested a Variance to allow for 3 parking spaces where 5 are required.

NE

ZON-64861

ZON-64861

7
7b

7b

7
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7A

7A

7b

7A

7A

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7A

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7

77
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ZON-64861, VAR-64862 and VAR-64864

ZON-64861, VAR-64862 and VAR-64864

ZON-64861, VAR-64862 and VAR-64864

ZON-64861, VAR-64862 and VAR-64864

ZON-64861, VAR-64862 and VAR-64864

ZON-64861, VAR-64862 and VAR-64864

ZON-64861, VAR-64862 and VAR-64864

ZON-64861, VAR-64862 and VAR-64864

ZON-64861, VAR-64862 and VAR-64864

ZON-64861, VAR-64862 and VAR-64864

ZON-64861, VAR-64862 and VAR-64864

ZON-64861, VAR-64862 and VAR-64864

ZON-64861, VAR-64862 and VAR-64864

ZON-64861, VAR-64862 and VAR-64864

ZON-64861, VAR-64862 and VAR-64864

ZON-64861 [PRJ-64668] - REZONING RELATED TO VAR-64862 AND VAR-64864 - APPLICANT/OWNER:


NIDA QUITORIO AND BUDDY N. QUITORIO
519 SOUTH 8TH STREET
06/02/16

ZON-64861 [PRJ-64668] - REZONING RELATED TO VAR-64862 AND VAR-64864 - APPLICANT/OWNER:


NIDA QUITORIO AND BUDDY N. QUITORIO
519 SOUTH 8TH STREET
06/02/16

ZON-64861 [PRJ-64668] - REZONING RELATED TO VAR-64862 AND VAR-64864 - APPLICANT/OWNER:


NIDA QUITORIO AND BUDDY N. QUITORIO
519 SOUTH 8TH STREET
06/02/16

ZON-64861 [PRJ-64668] - REZONING RELATED TO VAR-64862 AND VAR-64864 - APPLICANT/OWNER:


NIDA QUITORIO AND BUDDY N. QUITORIO
519 SOUTH 8TH STREET
06/02/16

ZON-64861 [PRJ-64668] - REZONING RELATED TO VAR-64862 AND VAR-64864 - APPLICANT/OWNER:


NIDA QUITORIO AND BUDDY N. QUITORIO
519 SOUTH 8TH STREET
06/02/16

ZON-64861 [PRJ-64668] - REZONING RELATED TO VAR-64862 AND VAR-64864 - APPLICANT/OWNER:


NIDA QUITORIO AND BUDDY N. QUITORIO
519 SOUTH 8TH STREET
06/02/16

ZON-64861 [PRJ-64668] - REZONING RELATED TO VAR-64862 AND VAR-64864 - APPLICANT/OWNER:


NIDA QUITORIO AND BUDDY N. QUITORIO
519 SOUTH 8TH STREET
06/02/16

ZON-64861 [PRJ-64668] - REZONING RELATED TO VAR-64862 AND VAR-64864 - APPLICANT/OWNER:


NIDA QUITORIO AND BUDDY N. QUITORIO
519 SOUTH 8TH STREET
06/02/16

ZON-64861 [PRJ-64668] - REZONING RELATED TO VAR-64862 AND VAR-64864 - APPLICANT/OWNER:


NIDA QUITORIO AND BUDDY N. QUITORIO
519 SOUTH 8TH STREET
06/02/16

ZON-64861, VAR-64862 and VAR-64864

ZON-64861, VAR-64862 and VAR-64864

Agenda Item No.: 76.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
VAR-64862 - VARIANCE RELATED TO ZON-64861 - PUBLIC HEARING OWNER/APPLICANT: NIDA QUITORIO AND BUDDY N. QUITORIO - For possible action
on a request for a Variance TO ALLOW A THREE-FOOT REAR YARD SETBACK WHERE
20 FEET IS REQUIRED AND A THREE-FOOT SIDE YARD SETBACK WHERE FIVE
FEET IS REQUIRED FOR AN EXISTING DWELLING UNIT, AND A ZERO-FOOT SIDE
YARD SETBACK FOR AN EXISTING ACCESSORY STRUCTURE, CLASS II [SHED]
WHERE FIVE FEET IS REQUIRED at 519 South 8th Street (APN 139-34-810-054), P-O
(Professional Office) Zone [PROPOSED: R-3 (Medium Density Residential)], Ward 3 (Coffin)
[PRJ-64668]. Staff recommends DENIAL.
C.C.: 8/17/2016
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-64862

VAR-64862

Agenda Item No.: 77.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
VAR-64864 - VARIANCE RELATED TO ZON-64861 AND VAR-64862 - PUBLIC
HEARING - APPLICANT/OWNER: NIDA QUITORIO AND BUDDY N. QUITORIO - For
possible action on a request for a Variance TO ALLOW THREE PARKING SPACES WHERE
FIVE PARKING SPACES IS THE MINIMUM REQUIRED at 519 South 8th Street (APN 13934-810-054), P-O (Professional Office) Zone [PROPOSED: R-3 (Medium Density Residential)],
Ward 3 (Coffin) [PRJ-64668]. Staff recommends DENIAL.
C.C.: 8/17/2016
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-64864

VAR-64864

Agenda Item No.: 78.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
VAR-64652 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: SHARI L. AND
JEFFREY L. YOUNG - For possible action on a request for a Variance TO ALLOW A NINEFOOT CORNER SIDE YARD SETBACK FOR A PROPOSED 144 SQUARE-FOOT
ACCESSORY STRUCTURE (CLASS II) [SHED] WITH ATTACHED PATIO COVER
WHERE 15 FEET IS REQUIRED AND TO ALLOW ZERO-FOOT DISTANCE
SEPARATION FROM THE PRIMARY DWELLING WHERE SIX FEET IS REQUIRED on
0.21 acres at 6228 Old Tradition Street (APN 125-26-512-022), R-PD3 (Residential Planned
Development - 3 Units Per Acre) Zone, Ward 6 (Ross) [PRJ-64587]. Staff recommends
DENIAL.
MAY GO TO CITY COUNCIL ON 8/17/2016
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

VAR-64652 [PRJ-64587]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY 12, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: SHARI L. AND JEFFREY L. YOUNG

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-64652

RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:

REQUIRED FOR
APPROVAL
N/A

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

170

APPROVALS

PROTESTS

23

RG

VAR-64652 [PRJ-64587]
Conditions Page One
July 12, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-64652 CONDITIONS
Planning
1.

Conformance to the approved conditions for Rezoning (Z-0118-96).

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.

RG

VAR-64652 [PRJ-64587]
Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting a Variance to allow a proposed 144 square-foot Accessory Structure
(Class II) [Shed] with an attached patio cover to be located within the corner side yard setback
and a zero-foot distance separation from the main dwelling. This property is located at 6228 Old
Tradition Street with an existing Single Family, Detached structure.

ISSUES

The proposed Accessory Structure with attached patio cover will have a nine-foot corner side
yard setback where 15 feet is required pursuant to an approved Rezoning (Z-0188-96).
The proposed Accessory Structure has a distance separation of zero feet where six feet
minimum required by Title 19.06 between structures.

ANALYSIS
The property is located in an R-PD3 (Residential Planned Development 3 Units per Acre)
zoning district and is subject to the requirements of Rezoning (Z-0118-96) and Title 19.06
standards.
The applicant is proposing a 144 square-foot Accessory Structure (Class II) with an attached
patio cover. The applicant is also proposing an attached patio cover on the north side of the
existing dwelling. The applicant is requesting a Variance to allow the accessory structure with
attached patio cover within nine feet of the corner side yard setback where 15 feet is required.
Also, a Variance request to allow a zero-foot distance separation from primary dwelling where
six feet is the minimum required. The proposed patio cover and the proposed shed with attached
patio cover are separated by two inches.
The applicant is requesting a Variance to allow the proposed Accessory Structure (Class II)
[Shed] with attached patio cover to encroach within the required corner side setback and distance
separation from the primary dwelling. There are no unique circumstances with this Variance
request and staff recommends denial, if approved it is subject to conditions.

FINDINGS (VAR-64652)
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:
RG

VAR-64652 [PRJ-64587]
Staff Report Page Two
July 12, 2016 - 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 locating the proposed Accessory Structure (Class II)
[Shed] with attached patio cover within the corner side yard setback and within a distance of zero
feet from the primary dwelling. An alternative is to relocate the propose shed with patio cover
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.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a request for a General Plan Amendment (GPA0051-96) to amend a portion of the Northwest Sector of the General Plan on
property located on the south side of Centennial Parkway (Proposed
11/24/97
Beltway), between Jones Boulevard and Torrey Pines Drive, from: DR
(Desert Rural Density Residential), to: R (Rural Density Residential). The
Planning Commission denied this request. Staff recommends approval.
The City Council approved a Rezoning (Z-0118-96) on property located on
the west side of Jones Boulevard and the south side of Centennial Parkway,
11/24/97
from: R-E (Residence Estates) to: R-PD3 (Residential Planned Development
3 Units Per Acre). The Planning Commission recommended denial and staff
objects.

RG

VAR-64652 [PRJ-64587]
Staff Report Page Three
July 12, 2016 - Planning Commission Meeting

Most Recent Change of Ownership


05/13/04
A deed was recorded for a change in ownership.

Related Building Permits


A building permit (#03008040) was issued for a single-family dwelling at
04/25/03
6228 Old Tradition Street. The permit was finalized on 08/14/03.
A building permit (#225603) was issued for a patio cover to the rear of the
12/10/12
existing single-family dwelling at 6228 Old Tradition Street. The permit was
finalized on 01/31/13.

Pre-Application Meeting
A pre-application meeting was conducted with the applicant regarding
Variance submittal requirements and public hearing process. A discussion on
05/04/16
options to relocate the proposed Accessory Structure (Class II) anywhere in
the rear yard to comply with Title 19, without need a Variance application.

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

Field Check
06/02/16

A field check conducted by staff observed the subject property to be neat and
well maintained.

Details of Application Request


Site Area
Net Acres
0.22

Surrounding
Property

Existing Land Use


Per Title 19.12

Planned or Special
Land Use Designation

Subject Property

Single Family,
Detached

R (Rural Density
Residential)

North

Single Family,
Detached

R (Rural Density
Residential)

Existing Zoning District


R-PD3 (Residential
Planned Development 3
Units Per Acre)
R-PD3 (Residential
Planned Development 3
Units Per Acre)

RG

VAR-64652 [PRJ-64587]
Staff Report Page Four
July 12, 2016 - Planning Commission Meeting

Surrounding
Property

Existing Land Use


Per Title 19.12

Planned or Special
Land Use Designation

South

Single Family,
Detached

R (Rural Density
Residential)

East

Single Family,
Detached

R (Rural Density
Residential)

West

Single Family,
Detached

R (Rural Density
Residential)

Existing Zoning District


R-PD3 (Residential
Planned Development 3
Units Per Acre)
R-PD3 (Residential
Planned Development 3
Units Per Acre) R-PD3
(Residential Planned
Development 3 Units
Per Acre)
R-PD3 (Residential
Planned Development 3
Units Per Acre) R-PD3
(Residential Planned
Development 3 Units
Per Acre)

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
6,500 SF
Min. Lot Width
70 Feet
Accessory Structure Min. Setbacks

Corner

15 Feet

Min. Distance Between Buildings


6 Feet
Max. Building Height
2 stories or 35 Feet
*Variance (VAR-64652) application has been applied for.

Provided
9,431 SF
82 Feet

Compliance
Y
Y

9 Feet

N*

0 Feet
12 Feet

N*
Y

RG

VAR-64652 [PRJ-64587]
Staff Report Page Five
July 12, 2016 - Planning Commission Meeting

Street Name
Old Tradition Street

Functional
Classification of
Street(s)
Local Street

Governing Document
N/A

Actual
Street Width
(Feet)
51

Compliance
with Street
Section
Y

RG

VAR-64652

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VAR-64652 [PRJ-64587] - VARIANCE - APPLICANT/OWNER: SHARI L. AND JEFFREY L. YOUNG


6228 OLD TRADITION STREET
06/02/16

VAR-64652 [PRJ-64587] - VARIANCE - APPLICANT/OWNER: SHARI L. AND JEFFREY L. YOUNG


6228 OLD TRADITION STREET
06/02/16

VAR-64652 [PRJ-64587] - VARIANCE - APPLICANT/OWNER: SHARI L. AND JEFFREY L. YOUNG


6228 OLD TRADITION STREET
06/02/16

VAR-64652 [PRJ-64587] - VARIANCE - APPLICANT/OWNER: SHARI L. AND JEFFREY L. YOUNG


6228 OLD TRADITION STREET
06/02/16

VAR-64652 [PRJ-64587] - VARIANCE - APPLICANT/OWNER: SHARI L. AND JEFFREY L. YOUNG


6228 OLD TRADITION STREET
06/02/16

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Agenda Item No.: 79.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
VAR-64716 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: CHARLES S. AND
TAMI R. CUMMINS TRUST - For possible action on a request for a Variance TO ALLOW A
SIX-FOOT SIDE YARD SETBACK WHERE 10 FEET IS REQUIRED FOR A PROPOSED
1,070 SQUARE-FOOT ACCESSORY STRUCTURE (CLASS II) [GARAGE] on 0.42 acres at
9112 Ghost Mountain Avenue (APN 138-05-411-102), R-PD2 (Residential Planned
Development - 2 Units per Acre) Zone, Ward 4 (Anthony) [PRJ-64389]. Staff recommends
DENIAL.
MAY GO TO CITY COUNCIL ON 8/17/2016
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

VAR-64716 [PRJ-64389]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY 12, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CHARLES S. AND TAMI R. CUMMINS
TRUST

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-64716

RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:

REQUIRED FOR
APPROVAL
N/A

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

214

APPROVALS

PROTESTS

14

RG

VAR-64716 [PRJ-64389]
Conditions Page One
July 12, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-64716 CONDITIONS
Planning
1.

Conformance to the approved conditions for Rezoning and Site Development Plan Review
(Z-0050-01).

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.

RG

VAR-64716 [PRJ-64389]
Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting a Variance to allow a proposed 1,070 square-foot Accessory
Structure (Class II) [Garage] to be located within six feet from the side yard setback. The
property contains a single family residence located at 9112 Ghost Mountain Avenue.

ISSUES

The Variance request is allow the proposed garage at six feet from the side yard setback,
where 10 feet is required. Redesign could meet code no unique circumstances.

ANALYSIS
The property is located in an R-PD2 (Residential Planned Development 2 Units per Acre)
zoning district and is subject to the requirements of Title 19.06. The subject property contains a
single family residence.
The proposed accessory structure will be located at the northwest corner of the subject property
with a side yard setback of six feet from the west property line and is separated from the
principal dwelling by six feet. The proposed structure will be served as garage for vehicles. The
color of the garage will match the existing residence.
The applicant is requesting a Variance to allow the proposed Accessory Structure (Class II) to be
at six feet from the west property line. There are no unique circumstances with this Variance
request and staff recommends denial, if this application is approved it is subject to conditions.

FINDINGS (VAR-64716)
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:


RG

VAR-64716 [PRJ-64389]
Staff Report Page Two
July 12, 2016 - 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.
No evidence of a unique or extraordinary circumstance has been presented, in that the sites
physical characteristic does not create a hardship that would warrant the proposed Accessory
Structure (Class II) [Garage] within the side yard setback. An alternative to this Variance is
redesign the proposed accessory structure by reducing the width or size and shifting the location
within the rear yard; 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.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a request for a Rezoning (Z-0050-01) from U
(Undeveloped) [DR (Desert Rural Density Residential) General Plan
Designation] to R-PD2 (Residential Planned Development 2 Units per Acre)
on approximately 52.5 acres on the northeast corner of the intersection of
Alexander Road and Fort Apache Road. The Planning Commission and staff
recommended approval.
09/19/01
The City Council approved a request for a Site Development Plan Review [Z0050-01 (1)] for a proposed 105 lot single family subdivision on
approximately 52.5 acres on the northeast corner of the intersection of
Alexander Road and Fort Apache Road. The Planning Commission
recommended approval and staff recommended denial.

Most Recent Change of Ownership


12/16/09
A deed was recorded for a change in ownership.

RG

VAR-64716 [PRJ-64389]
Staff Report Page Three
July 12, 2016 - Planning Commission Meeting

Related Building Permits


A building permit (#02020668) was issued for a single family dwelling at
11/19/02
9112 Ghost Mountain Avenue. The building permit was finalized on
06/19/03.
A building permit (#04016873) was issued for patio cover and bath addition
07/06/04
at 9112 Ghost Mountain Avenue. The building permit was finalized on
11/05/04.
A building permit (#318112) was processed for a Detached Structure for a
05/19/16
building review at 9112 Ghost Mountain Avenue. The building review was
denied requiring an approval of a Variance.

Pre-Application Meeting
A pre-application meeting was conducted with the applicant and discussed the
submittal requirements for a setback Variance application. Discussed also
04/28/16
options to avoid application for setback Variance, by allowing the proposed
Accessory Structure (Class II) [Garage] to decrease the width and size of the
proposed garage to meeting Title 19 requirements.

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

Field Check
06/02/16

A field check conducted by staff observed the subject property to be neat and
well maintained.

Details of Application Request


Site Area
Net Acres
0.42

Surrounding
Property
Subject Property

Existing Land Use


Per Title 19.12

Planned or Special
Land Use Designation

Existing Zoning District

Single Family,
Detached

DR (Desert Rural
Density Residential)

R-PD2 (Residential
Planned Development 2
Units per Acre)

RG

VAR-64716 [PRJ-64389]
Staff Report Page Four
July 12, 2016 - Planning Commission Meeting

Surrounding
Property

Existing Land Use


Per Title 19.12

Planned or Special
Land Use Designation

North

Single Family,
Detached

DR (Desert Rural
Density Residential)

South

Single Family,
Detached

DR (Desert Rural
Density Residential)

East

Single Family,
Detached

DR (Desert Rural
Density Residential)

West

Single Family,
Detached

DR (Desert Rural
Density Residential)

Existing Zoning District


R-PD2 (Residential
Planned Development 2
Units per Acre)
R-PD2 (Residential
Planned Development 2
Units per Acre)
R-PD2 (Residential
Planned Development 2
Units per Acre)
R-PD2 (Residential
Planned Development 2
Units per Acre)

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
15,198 SF
Min. Lot Width
102 Feet
Min. Setbacks for Accessory Structure
(Class II)
Side
10 Feet
10 Feet
Rear
Min. Distance Between Buildings
6 Feet
35 Feet or 2 stories
Max. Building Height
max
*Variance (VAR-64716) was applied for.

Provided
18,432 SF
128 Feet

Compliance
Y
Y

6 Feet
15 Feet
6 Feet

N*
Y
Y

17 Feet

RG

VAR-64716 [PRJ-64389]
Staff Report Page Five
July 12, 2016 - Planning Commission Meeting

Street Name
Ghost Mountain
Avenue

Functional
Classification of
Street(s)

Governing Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Local Street

N/A

36

RG

VAR-64716

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VAR-64716 [PRJ-64389] - VARIANCE - APPLICANT/OWNER: CHARLES S. AND TAMI R. CUMMINS


TRUST
9112 GHOST MOUNTAIN AVENUE
06/02/16

VAR-64716 [PRJ-64389] - VARIANCE - APPLICANT/OWNER: CHARLES S. AND TAMI R. CUMMINS


TRUST
9112 GHOST MOUNTAIN AVENUE
06/02/16

VAR-64716

Agenda Item No.: 80.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
VAR-64848 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: JESSICA FRY For possible action on a request for a Variance TO ALLOW A THREE-FOOT SIDE YARD
SETBACK WHERE 10 FEET IS REQUIRED FOR A PROPOSED 1,380 SQUARE-FOOT
ACCESSORY STRUCTURE (CLASS II) [GARAGE] on 0.46 acres at 4830 Von Leidner Street
(APN 125-33-410-004), R-E (Residence Estates) Zone, Ward 4 (Anthony) [PRJ-64750]. Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 8/17/2016
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

VAR-64848 [PRJ-64750]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY 12, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: JESSICA FRY

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-64848

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends DENIAL, if approved subject to


conditions:

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

126

APPROVALS

PROTESTS

20

JB

VAR-64848 [PRJ-64750]
Conditions Page One
July 12, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-64848 CONDITIONS
Planning

1.

This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.

2.

All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.

3.

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

4.

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

JB

VAR-64848 [PRJ-64750]
Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
This is a request for a Variance to allow a proposed 1,380 square-foot Accessory Structure (Class
II) [Garage] to be located three feet from the southern side property line where ten feet is the
minimum required by Title 19.06.060. The subject site is located at 4830 Von Leidner Street, in
the R-E (Residence Estates) zoning district.

ISSUES

A Variance is required to allow an Accessory Structure (Class II) [Garage] to be located


three feet from the side property line where ten feet is the minimum required by Title
19.06.060.

ANALYSIS
The submitted elevations and site plan indicate that the structure will be 15 feet in height
measured to the mid-point of the roof eaves. The applicant has indicated in the justification letter
that the structure will be utilized as a detached garage. The submitted floor plan indicates there
are no kitchen facilities associated with the proposal. The accessory structure has been designed
with painted exterior cement plaster and roof tiles to aesthetically match the roof and trim of the
principal dwelling. The applicant has submitted a letter from the Aviana Homeowners
Association in support of the requested Variance.
Accessory structures in this residential development must adhere to Title 19.06.060
Development Standards. The subject property lot size is 20,001 square feet in size, which is
consistent with the R-E (Residence Estates) zoning district. Title 19.06.060 requires accessory
structures in the R-E (Residence Estates) zoning district to maintain a minimum setback of ten
feet from the rear and side property lines.
The proposed garage is located on the southern perimeter of the principal dwelling and maintains
a 14-foot separation from the principal dwelling where six feet is required and a three-foot
setback from the southern property line where 10 feet is required. Staff has determined that the
proposed structure could be reconfigured on the subject site to meet all Title 19.06.060 setback
requirements. There is an existing 15-foot wide drainage easement located on the subject site
adjacent to the rear property line which prevents development in this area; however, the
proposed garage does not encroach into this area.

JB

VAR-64848 [PRJ-64750]
Staff Report Page Two
July 12, 2016 - Planning Commission Meeting

No substantial evidence has been presented to warrant the requested Variance; therefore, this is
considered a self-created hardship that NRS 278 does not permit. As the applicant has provided
no compelling evidence of a unique or extraordinary circumstance related to the site itself, staff
recommends denial.

FINDINGS (VAR-64848)
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 building setbacks that do not meet the Title 19.06
requirements. An alternative design would allow conformance to Title 19.06 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.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a petition for Annexation [A-0019-95(A)] of
approximately 30.52 acres generally located on the west side of Cimarron
01/03/96
Road, between La Madre Way and Lone Mountain Road. Annexation became
effective on 01/12/96.

JB

VAR-64848 [PRJ-64750]
Staff Report Page Three
July 12, 2016 - Planning Commission Meeting

Most Recent Change of Ownership


07/21/09
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#96005244) was issued for a single family residence at
03/19/96
4830 Von Leidner Street. The permit has not been finalized.
A building permit (#96014969) was issued for a masonry wall at 4830 Von
07/26/96
Leidner Street. The permit has not been finalized.
A building permit (#62701) was issued for a 10 x 10 wood shed at 4830 Von
03/31/06
Leidner Street. The permit was finalized on 02/11/07.
A building permit (#64670) was issued for a gas tag and test at 4830 Von
05/01/06
Leidner Street. The permit was finalized on 07/20/06.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the submittal
requirements for a Variance. The Variance is required for a proposed
05/23/16
Accessory Structure (Class II) [Garage] that is located three feet from the side
yard property line where ten feet is minimum required by Title 19.06.060.

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

Field Check
06/02/16

A field check was conducted on the subject property and revealed a well
maintained single-family residence.

Details of Application Request


Site Area
Net Acres
0.46

Surrounding
Property
Subject Property

Existing Land Use


Per Title 19.12
Single Family,
Detached

Planned or Special
Land Use Designation
DR (Desert Rural
Density Residential)

Existing Zoning District


R-E (Residence Estates)

JB

VAR-64848 [PRJ-64750]
Staff Report Page Four
July 12, 2016 - Planning Commission Meeting

Surrounding
Property
North
South

Existing Land Use


Per Title 19.12
Single Family,
Detached
Single Family,
Detached

East

Single Family,
Detached

West

Single Family,
Detached

Planned or Special
Land Use Designation
DR (Desert Rural
Density Residential)
DR (Desert Rural
Density Residential)
RNP (Rural
Neighborhood
Preservation) Clark
County
DR (Desert Rural
Density Residential)

Existing Zoning District


R-E (Residence Estates)
R-E (Residence Estates)
R-E (Rural Estates
Residential) Clark
County
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

DEVELOPMENT STANDARDS
Pursuant to Title 19.06.060, the following standards apply:
Standard
Required/Allowed
Min. Setbacks (Accessory Structure)
Side
10 Feet
10 Feet
Rear
Min. Distance from the principal dwelling
6 Feet
Not to exceed 50%
of the rear and side
Size and Coverage
yard areas

Provided

Compliance

3 Feet
35 Feet
14 Feet

N
Y
Y

15%

JB

VAR-64848

VAR-64848

VAR-64848

VAR-64848

VAR-64848

VAR-64848

AA

77
7

7 7

7 7

7
7

7 7

7 7

7 7

7
7

7777

A
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77

A7

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7 7

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77A7b7
b77
b77A
b77
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7 7
b7
7 77

A7Ab7777bA7b7
7777A7

A7 A7A7

VAR-64848
777777777777
777 7777777 7
77 7777777
7777777A7

77

7777777777
7777777777
7 77777
7

77bA77A7b77 7A

77

7
7

77

7
7

7
A
7 7

7 7

7
77

7
7

7
7

77

77

7A
7

A7

77
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7
7

77


A7

77

77

7
7

77

77

bA7

A77

77

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7
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7
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77
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7
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7
7
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A7

7
7
7
7
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A7A7b

bAA7

A7


A7

A7

Ab7

bA7A7

7b

A7b A7

A7b

7
7

7
7

A7
7

VAR-64848 [PRJ-64750] - VARIANCE - APPLICANT/OWNER: JESSICA FRY


4830 VON LEIDNER STREET
06/02/16

VAR-64848 [PRJ-64750] - VARIANCE - APPLICANT/OWNER: JESSICA FRY


4830 VON LEIDNER STREET
06/02/16

VAR-64848

777777bA

A77A
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7
71
77 7
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7 7777 b7A7777 77 77

7
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777777bb7777777777 777
7
7
77777777777777777
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777177777777777777
777777777777
777777
7
777777
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7
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7777A
7
A77A77A

VAR-64848

VAR-64848

Agenda Item No.: 81.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
VAR-64863 - VARIANCE - PUBLIC HEARING - APPLICANT: YESENIA FELIX
RODRIGUEZ - OWNER: MOJAVE DEVELOPMENT GROUP, GENERAL PARTNERSHIP For possible action on a request for a Variance TO ALLOW ZERO ADDITIONAL PARKING
SPACES WHERE SEVEN ADDITIONAL SPACES ARE REQUIRED FOR THE
CONVERSION OF 499 SQUARE FEET OF FLOOR AREA TO PUBLIC SEATING AND
WAITING FOR AN EXISTING RESTAURANT on 0.49 acres at 23 North Mojave Road, Suite
D (APN 139-36-812-005), M (Industrial) Zone, Ward 3 (Coffin) [PRJ-64856]. Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 8/17/2016
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

VAR-64863 [PRJ-64856]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY 12, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: YESENIA FELIX RODRIGUEZ - OWNER:
MOJAVE DEVELOPMENT GROUP, GENERAL PARTNERSHIP

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

VAR-64863

Staff recommends DENIAL, if approved subject to


conditions:

REQUIRED FOR
APPROVAL

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

76

APPROVALS

PROTESTS

SS

VAR-64863 [PRJ-64856]
Conditions Page One
July 12, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-64863 CONDITIONS
Planning
1.

Conformance to the approved conditions for Special Use Permit (SUP-63922).

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-64863 [PRJ-64856]
Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant proposes to convert 499 square feet of back-of-house floor space to seating and
waiting area in an existing 3,616 square-foot restaurant. The site, which contains an in-line retail
and office building, is parking impaired. Per Title 19, the proposed conversion would trigger the
need for seven additional parking spaces that are not proposed to be provided, and therefore a
Variance is requested.

ISSUES

The site is parking impaired. A Variance is required to allow no additional parking spaces
where expansion of an existing Beer/Wine/Cooler On-Sale Establishment use in a restaurant
requires seven additional parking spaces.

ANALYSIS
In May 2016, an approved Special Use Permit (SUP-56641) for a Beer/Wine/Cooler On-Sale
Establishment use was amended (SUP-63922) to allow the expansion of use into the adjacent
suite. Although the site had been deemed parking impaired, based on the configuration of the
floor plan, the increased area resulted in a net zero increase in parking spaces at that time. The
applicant now wishes to reconfigure the floor plan to allow for additional seating and waiting
area in the newly expanded area of the restaurant. The existing seating and waiting area was
1,172 square feet; with the proposed expansion, that area would increase to 1,671 square feet.
The additional area would be converted from the existing back-of-house. Per Title 19.18.030,
the net 499 square-foot increase in seating and waiting area requires an additional seven parking
spaces to be provided onsite that the property owner cannot provide. The increased number of
required spaces will not result in the need for an additional handicap-accessible space, as the
total parking demand will remain below the 51-space threshold.
As the hardship in this case is self-created and there is no unique circumstance with the property
that would warrant relief from code requirements, staff recommends denial of the variance
request. If denied, the Beer/Wine/Cooler On-Sale business license for the expanded area could
not be approved for this floor configuration.

SS

VAR-64863 [PRJ-64856]
Staff Report Page Two
July 12, 2016 - Planning Commission Meeting

FINDINGS (VAR-64863)
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 expanding the seating area of a restaurant without
providing the additional parking spaces that it generates. Consolidation of lots may 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.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The Board of Commissioners approved a Rezoning (Z-0066-64) from C-1
08/19/64
(Limited Commercial) to M (Industrial) on property generally located at the
northwest corner of Charleston Boulevard and Mojave Road.
The Planning Commission approved a Plot Plan Review [Z-66-64(32)] for an
existing 13,319 square-foot commercial building on the west side of Mojave
12/28/82
Road between Contract Avenue and Builders Avenue to exercise the
Resolution of Intent to the M (Industrial) zoning district. Staff recommended
approval.

SS

VAR-64863 [PRJ-64856]
Staff Report Page Three
July 12, 2016 - Planning Commission Meeting

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


The City Council approved a Special Use Permit (SUP-56641) for a proposed
2,062 square-foot Beer/Wine/Cooler On-Sale Establishment within an
existing restaurant with a Waiver to allow a zero-foot distance separation
01/21/15
from a House of Worship use where 400 feet is required at 23 North Mojave
Road, Suite D. The Planning Commission had no recommendation and staff
recommended denial.
The Planning Commission approved a Major Amendment (SUP-63922) of an
approved Special Use Permit (SUP-56641) for a proposed 1,650 square-foot
05/10/16
expansion to an existing 2,062 square-foot Beer/Wine/Cooler On-Sale
Establishment within an existing restaurant at 23 North Mojave Road, Suite
D. Staff recommended approval.

Most Recent Change of Ownership


11/05/79
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


1978
The building on this site was constructed.
A business license (S14-00250) was issued for a sporting goods retail store at
Pre-1991
31 North Mojave Road, Suite #110. The license remains active.
A business license (G50-05369) was issued for a general retail store at 31
09/18/96
North Mojave Road, Suite #120. The license remains active.
A building permit (#97003359) was issued for a wall sign at 23 North Mojave
02/18/97
Road. The permit received a final inspection on 03/21/97.
A building permit (233803) was issued for a tenant improvement for a
04/25/13
Church/House of Worship at 27 North Mojave Road. A final inspection was
completed 07/24/13.
A business license (G62-05852) was issued for a restaurant use at 23 North
08/21/14
Mojave Road, Suite D. The license remains active.
A building permit (278883) was issued for two wall signs at 23 North Mojave
02/03/15
Road, Suite D. A final inspection was completed 06/05/15.
A business license (L63-00088) was issued for a Beer/Wine/Cooler On-Sale
03/18/15
Establishment within a restaurant at 23 North Mojave Road, Suite D. The
license remains active.
A business license (G64-01810) was issued for an open air vendor (hot dog
03/29/16
cart) at 23 North Mojave Road. The license remains active.

SS

VAR-64863 [PRJ-64856]
Staff Report Page Four
July 12, 2016 - Planning Commission Meeting

Pre-Application Meeting
The applicant and staff discussed application submittal requirements for a
05/26/16
variance. The applicant was informed that the site was parking impaired and
additional seating area would increase the parking requirement of the site.

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

Field Check
06/02/16

The site contains an existing in-line retail building with restaurant and office
tenants. The restaurant exterior is decorated with pennants. A freestanding
sign advertising the restaurant has one sign panel missing, with loose wiring
visible.

Details of Application Request


Site Area
Net Acres
0.49

Surrounding
Property

Subject Property

North

South

Existing Land Use


Per Title 19.12
Restaurant
Beer/Wine/Cooler
On-Sale
Establishment
Office, Other Than
Listed
Auto Repair Garage,
Minor
Church/House of
Worship
General Retail Store
Church/House of
Worship
General Retail Store
Bailbond Service

Planned or Special
Land Use Designation

Existing Zoning District

LI/R (Light
Industry/Research)

M (Industrial)

LI/R (Light
Industry/Research)

M (Industrial)

LI/R (Light
Industry/Research)

M (Industrial)

SS

VAR-64863 [PRJ-64856]
Staff Report Page Five
July 12, 2016 - Planning Commission Meeting

Surrounding
Property
East

West

Existing Land Use


Per Title 19.12
Office, Other Than
Listed
Bailbond Service
Warehouse
Auto Repair Garage,
Minor

Planned or Special
Land Use Designation

Existing Zoning District

LI/R (Light
Industry/Research)

M (Industrial)

LI/R (Light
Industry/Research)

M (Industrial)

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 19.12 and 19.18, the following parking standards apply:
Parking Impaired Development Parking Requirement Restaurant Expansion
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
Number of
HandiHandiRatio
Regular
Regular
Units
capped
capped
1 space
499 SF
per 50 SF
(proposed to
10
seating/
be expanded)
Proposed
waiting
restaurant
1 space
expansion
499 SF (to be
per 200
removed from
SF
-3
existing)
remaining
GFA
TOTAL ADDITIONAL SPACES
7
0
N*
REQUIRED
7
0
0
0
N*
Regular and Handicap Spaces Required
Percent Deviation
100%
*The subject site is parking impaired. Pursuant to Title 19.18.030, only the additional spaces
generated as a result of a change of use are required.
SS

VAR-64863 [PRJ-64856]
Staff Report Page Seven
July 12, 2016 - Planning Commission Meeting

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement - Site
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
1 space
Office, Other
1,200 SF
per 300
6
Than Listed
SF GFA
1,172 SF
1 space
24
per 50 SF
+499 SF
seating/
10
(new)
waiting
Restaurant
2,444 SF
1 space
13
(3616 SF)
per 200
SF
-499 SF
-3
remaining
(removed)
GFA
50
33
N*
TOTAL SPACES REQUIRED
49
1
32
1
N*
Regular and Handicap Spaces Required
*The subject site is parking impaired. Pursuant to Title 19.18.030, only the additional spaces
generated as a result of a change of use are required.

SS

VAR-64863

VAR-64863

VAR-64863

VAR-64863

VAR-64863 [PRJ-64856] - VARIANCE - APPLICANT: YESENIA FELIX RODRIGUEZ - OWNER: MOJAVE


DEVELOPMENT GROUP, GENERAL PARTNERSHIP
23 NORTH MOJAVE ROAD, SUITE D
06/02/16

VAR-64863 [PRJ-64856] - VARIANCE - APPLICANT: YESENIA FELIX RODRIGUEZ - OWNER: MOJAVE


DEVELOPMENT GROUP, GENERAL PARTNERSHIP
23 NORTH MOJAVE ROAD, SUITE D
06/02/16

VAR-64863 [PRJ-64856] - VARIANCE - APPLICANT: YESENIA FELIX RODRIGUEZ - OWNER: MOJAVE


DEVELOPMENT GROUP, GENERAL PARTNERSHIP
23 NORTH MOJAVE ROAD, SUITE D
06/02/16

VAR-64863

Agenda Item No.: 82.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
WVR-64825 - WAIVER - PUBLIC HEARING - APPLICANT/OWNER: D R HORTON, INC.
- For possible action on a request for a Waiver TO ALLOW NO STREETLIGHTS ALONG
SEVERENCE LANE, ELKHORN ROAD AND ALL INTERIOR STREETS WHERE
STREETLIGHTS ARE REQUIRED on 17.43 acres at the southeast corner of Severence Lane
and Hualapai Way (APNs Multiple), R-1 (Single Family Residential) Zone, Ward 6 (Ross) [PRJ64806]. Staff recommends DENIAL.
C.C.: 8/17/2016
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

WVR-64825 [PRJ-64806]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY 12, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: D R HORTON, INC.

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

WVR-64825

Staff recommends DENIAL, if approved subject to


conditions:

REQUIRED FOR
APPROVAL

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

321

APPROVALS

PROTESTS

50

SS

WVR-64825 [PRJ-64806]
Conditions Page One
July 12, 2016 - Planning Commission Meeting

** CONDITIONS **

WVR-64825 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.
Public Works

5.

The installation of streetlights on Elkhorn Road and Severence Lane shall be deferred,
provided that exterior street lighting shall be stubbed out for later use, including all
necessary underground improvements including conduit and pull boxes at each future
streetlight location, and the developer shall provide to the City such streetlights for future
installation. Alternatively, monies in lieu of such deferred streetlights, including
foundations, may be contributed to the City if allowed by the Department of Public Works.
The contributed amount shall be based on the City's current bond schedules for all
streetlights and associated infrastructure deferred by this action adjacent to this site.

SS

WVR-64825 [PRJ-64806]
Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting to waive the Title 19.02 requirement for streetlights on Severence
Lane, Elkhorn Road and on the interior private streets of an approved single-family residential
development located at the southeast corner of Severence Lane and Hualapai Way.

ISSUES

Title 19.02.240 requires street lighting for public streets to be designed, installed or upgraded
in accordance with City standards unless the City Council allows an exception. The
applicant is requesting that this requirement be waived for Severence Lane and Elkhorn Road
adjacent to this development. If approved, the Department of Public Works will require that
streetlights on Elkhorn Road and Severence Lane be stubbed out for future use. The
applicant has agreed to this condition.

ANALYSIS
According to the applicant, the application for a Waiver is at the request of neighbors in the
surrounding area and the City. Streetlights along Severence Lane, Elkhorn Road and the private
streets are included in the request. Streetlights are planned to be installed on Hualapai Way.
Pursuant to Title 19.02, standards for private streets shall be the same as public street standards
unless the streets are gated (and thus privately maintained) and the deviations are waived by the
City Council. In this development, the private interior streets will be gated. Staff has no
objection to the waiver of streetlights on the interior private streets. However, Elkhorn Road is a
Primary Arterial and is planned to be an important east-west corridor in this part of the city of
Las Vegas. Likewise, Severence Lane is a Minor Collector for the adjacent neighborhoods.
Therefore, staff recommends denial of the request. If denied, streetlights must be provided on
both the adjacent public streets and the interior private streets. If approved, the Department of
Public Works will require by condition that streetlights on the public streets (Elkhorn Road and
Severence Lane) be stubbed out for future use. The applicant has agreed to this condition of
approval.

FINDINGS (WVR-64825)
Streetlights play a vital public safety role for public streets. The Department of Public Works
finds that streetlights are therefore necessary on Elkhorn Road and Severence Lane. Therefore,
staff recommends denial of the waiver request.
SS

WVR-64825 [PRJ-64806]
Staff Report Page Two
July 12, 2016 - Planning Commission Meeting

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a Petition to Annex (ANX-49618) 35.86 acres
generally located east of Hualapai Way between Elkhorn Road and Farm
Road. The Planning Commission and staff recommended approval. The
effective date was 09/13/13.
09/04/13
The City Council approved a Petition to Annex (ANX-50089) 5.10 acres on
the south side of Severence Lane, approximately 345 feet east of Hualapai
Way. The Planning Commission and staff recommended approval. The
effective date was 09/13/13.
The City Council approved a General Plan Amendment (GPA-57590) from R
(Rural Density Residential) and RNP (Rural Neighborhood Preservation) to L
(Low Density Residential) on 20.00 acres at the northeast corner of Elkhorn
Road and Hualapai Way. The Planning Commission and staff recommended
approval.
05/20/15
The City Council approved a Rezoning (ZON-57591) from R-E (Residence
Estates) to R-1 (Single Family Residential) on 20.00 acres at the northeast
corner of Elkhorn Road and Hualapai Way. The Planning Commission and
staff recommended approval.
The Planning Commission voted to Withdraw Without Prejudice a request for
a Variance (VAR-59530) to allow private streets without a gate and 42-foot
07/14/15
wide private streets where 47 feet is required for a proposed 60-lot single
family residential subdivision on 20.00 acres at the northeast corner of
Elkhorn Road and Hualapai Way. Staff recommended denial.
The City Council approved a Variance (VAR-59528) to allow a Connectivity
Ratio of 1.16 where 1.3 is the minimum required for a 60-lot single family
residential subdivision on 20.00 acres at the northeast corner of Elkhorn Road
and Hualapai Way. The Planning Commission recommended approval; staff
recommended denial.
The City Council approved a Petition to Vacate (VAC-59533) the west half of
Eula Street between Solar Avenue and Elkhorn Road and U.S. Government
08/19/15
Patent Easements generally located north of Elkhorn Road, east of Hualapai
Way. The Planning Commission recommended approval; staff recommended
denial. The Order of Relinquishment of Interest was recorded 05/03/16.
The City Council approved a Tentative Map (TMP-59534) for a 60-lot single
family residential subdivision on 20.00 acres at the northeast corner of
Elkhorn Road and Hualapai Way. The Planning Commission recommended
approval; staff recommended denial.
An Order of Vacation to vacate the east half of Eula Street between Solar
10/27/15
Avenue and Elkhorn Road was recorded.
A Final Map (FMP-63786) for a 60-lot single family residential subdivision
05/18/16
on 17.78 acres at the northeast corner of Elkhorn Road and Hualapai Way was
recorded.
SS

WVR-64825 [PRJ-64806]
Staff Report Page Three
July 12, 2016 - Planning Commission Meeting

Most Recent Change of Ownership


10/07/15
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (310455) was issued for grading on 10.20 acres for a
02/03/16
residential development at 7394 North Hualapai Way. A final inspection has
not been completed.
A building permit (317205) was issued for multiple screening, perimeter and
05/10/16
retaining walls for a single family residential development at 7300 North
Hualapai Way (Lots 1-15 only). A final inspection has not been completed.
A building permit (317570) was issued for multiple screening, perimeter and
05/23/16
retaining walls for a single family residential development at 7300 North
Hualapai Way. A final inspection has not been completed.
Plan Check 64116 was approved for tract home models at 7300 North
Hualapai Way.
06/01/16
Plan Check 64117 was approved for tract home models at 7300 North
Hualapai Way.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss submittal
requirements for a Waiver to allow no streetlights on the adjacent public
05/25/16
streets. The applicant indicated that the final map for the subdivision had
been recorded.

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

Field Check
06/02/16

The site is undeveloped but was being graded at the time of field inspection.

Details of Application Request


Site Area
Net Acres
17.78

SS

WVR-64825 [PRJ-64806]
Staff Report Page Four
July 12, 2016 - Planning Commission Meeting

Surrounding
Property
Subject Property

Existing Land Use


Per Title 19.12
Single Family,
Detached
Single Family,
Detached

North
Undeveloped
South

Undeveloped

East

Single Family,
Detached

West

Single Family,
Detached

Planned or Special
Land Use Designation
L (Low Density
Residential)
RL (Residential Low)
Clark County
Designation
RNP (Rural
Neighborhood
Preservation)
R (Rural Density
Residential)
RNP (Rural
Neighborhood
Preservation) Clark
County Designation
PCD (Planned
Community
Development) [L (Low
Density Residential)
Cliffs Edge Special
Land Use Designation]

Existing Zoning District


R-1 (Single Family
Residential)
R-D (Suburban Estates
Residential) Clark
County Designation
R-E (Residence Estates)
U (Undeveloped)
R-E (Rural Estates
Residential) Clark
County Designation

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

SS

WVR-64825 [PRJ-64806]
Staff Report Page Five
July 12, 2016 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Street Name

Functional
Classification of
Street(s)

Hualapai Way

Primary Arterial

Elkhorn Road

Primary Arterial

Severence Lane

Minor Collector

Governing Document
Master Plan of Streets
and Highways Map
Master Plan of Streets
and Highways Map
Title 13.12

Waivers
Requirement
Request
Streetlights along public streets are
To allow no streetlights along
required to be installed per City
Severence Lane and Elkhorn Road
standards

Actual
Street Width
(Feet)

Compliance
with Street
Section

100

50

33

Staff Recommendation
Denial

SS

WVR-64825

WVR-64825

WVR-64825

WVR-64825 [PRJ-64806] - WAIVER - APPLICANT/OWNER: D R HORTON, INC.


SOUTHEAST CORNER OF SEVERENCE LANE AND HUALAPAI WAY
06/02/16

WVR-64825 [PRJ-64806] - WAIVER - APPLICANT/OWNER: D R HORTON, INC.


SOUTHEAST CORNER OF SEVERENCE LANE AND HUALAPAI WAY
06/02/16

WVR-64825 - REVISED

Agenda Item No.: 83.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
RQR-62049 - REQUIRED REVIEW - PUBLIC HEARING - APPLICANT/OWNER:
DYNAMIC PROPERTY HOLDINGS, LLC - For possible action on a request for a Required
Review of an approved Required Review (RQR-59613) for a Special Use Permit (SUP-53970)
FOR AN EXISTING PUBLIC SCHOOL, SECONDARY USE at 7485 West Azure Drive (APN
125-27-114-024 and -025), T-C (Town Center) Zone [SX-TC (Suburban Mixed Use - Town
Center) Special Land Use Designation], Ward 6 (Ross). Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 8/17/2016
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. Action Letter for RQR-59613
7. Action Letter for SUP-53970
8. Letter from State Public Charter School Authority
9. Protest Emails

RQR-62049

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY 12, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: DYNAMIC PROPERTY HOLDINGS,
LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
RQR-62049

RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:

REQUIRED FOR
APPROVAL
N/A

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

365

APPROVALS

PROTESTS

30

RG

RQR-62049
Conditions Page One
July 12, 2016 - Planning Commission Meeting

** CONDITIONS **

RQR-62049 CONDITIONS
Planning
1.

A Required Review shall be considered at a public hearing within one year from the date of
this applications approval.

2.

Conformance to the approved conditions for Special Use Permit (SUP-53970) and
Required Review (RQR-59613).

3.

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

RG

RQR-62049
Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a second Required Review (RQR-62049) of a previously approved Special
Use Permit (SUP-53970), which permitted a Public School, Secondary use at 7485 West Azure
Drive. The first Required Review (RQR-59613) was approved at the July 14, 2015 Planning
Commission with Condition of Approval (Condition #1) imposing a one-year Required Review
at Planning Commission.

ANALYSIS
The subject building located at 7485 West Azure Drive comprises of air parcels per floor; the
first floor is as Assessors Parcel Numbers (125-27-114-024) and the second floor as (125-27114-025). The use permit was approved by the Planning Commission under Special Use Permit
(SUP-53970) with an approved condition for a one year required review. A first Required
Review (RQR-59613) was approved in July 14, 2015 by the Planning Commission with a
condition to have another one year Required Review. Staff cannot determine that all of the
conditions of approval under the RQR-59613 have not been satisfied.

FINDINGS (RQR-59613)
A Required Review (RQR-59613) was heard and approved by the Planning Commission to
allow the continued use as a school. The Required Review included a new condition that the
number of students shall be limited to 215 students starting the second semester or the 20152016 schoolyear. The Traffic Engineering Section of the Department of Public Works noted that
the adjacent businesses were adversely affected by the amount of onsite traffic queuing in the
past with the larger number of students and has come to the conclusion that this is not an ideal
location for a school of 525 students. Since the last Required Review, the school zone flashers
on Azure Drive have been installed. Staff recommends denial of the Required Review. If this
request is approved, it is subject to conditions.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a Rezoning (Z-0076-98) of a 1,468-acre portion of
12/07/98
the Centennial Hills area to T-C (Town Center). The Planning Commission
and staff recommended approval.

RG

RQR-62049
Staff Report Page Two
July 12, 2016 - Planning Commission Meeting

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


The City Council approved a request to amend (GPA-0030-99) a portion of
the Northwest Sector Plan (now the Centennial Hills Sector Plan) from R
(Rural Density Residential) to TC (Town Center) and to amend portions of
the Centennial Hills Town Center Land Use Plan from M-TC (Medium
Density Residential Town Center) to SX-TC (Suburban Mixed Use Town
12/01/99
Center) on 63.69 acres, including the subject site. An additional request to
amend the plan from SX-TC (Suburban Mixed Use Town Center) to GC-TC
(General Commercial Town Center) was withdrawn as part of the approval.
The Planning Commission and staff recommended approval of the request to
SX-TC (Suburban Mixed Use Town Center) and denial of the remaining
portions of the application.
The City Council approved a Site Development Plan Review [Z-0076-98(20)]
for a 138,000 square-foot commercial development on 14.16 acres at the
northwest corner of Tenaya Way and Azure Drive and for a 110,000 square04/04/01
foot commercial development on 16.66 acres on the south side of Azure Drive
between Tenaya Way and Rancho Drive. Planning Commission and staff
recommended approval.
The Planning Commission approved a Site Development Plan Review (SDR4447) for a 122,477 square-foot office development on 10 acres located
07/22/04
adjacent to the south side of Azure Drive, approximately 1,250 feet west of
Tenaya Way. Staff recommended approval.
The City Council approved a Review of Condition (ROC-6074) to eliminate
condition number 22 of Site Development Plan Review [Z-0076-98(20)],
04/06/05
thereby allowing buildings greater than one story in height. Staff
recommended denial.
The City Council approved a Site Development Plan Review (SDR-6109) for
a 104,398 square-foot office condominium complex on 10.04 acres located
06/01/05
adjacent to the south side of Azure Drive, approximately 1,250 feet west of
Tenaya Way. Planning Commission recommended approval. Staff
recommended denial.
The Planning Commission approved a Tentative Map (TMP-6701) for a one06/23/05
lot commercial subdivision on 10.04 acres adjacent to the south side of Azure
Drive, approximately 1,250 feet west of Tenaya Way.
The City Council approved a Master Sign Plan (MSP-20019) with a Waiver
of the Town Center Development Standards to allow wall signage to face an
existing residential development located outside of the Town Center limits
04/04/07
and to allow wall signage of the second floor of buildings A and B for a
commercial development located at 7425-7495 Azure Drive. The City
Referral Group (CRG) recommended approval with amended conditions.

RG

RQR-62049
Staff Report Page Three
July 12, 2016 - Planning Commission Meeting

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


The Planning Commission approved a Special Use Permit (SUP-53970) for a
06/10/14
Public School, Secondary use at 7485 West Azure Drive. Staff recommended
approval.
A code enforcement case (#145709) was processed for noncompliance of
Conditions 9 and 10 of Special Use Permit (SUP-53970), which required the
09/16/14
construction of school flashers on Azure Drive and a Traffic Impact Analysis
submitted and approved by the Department of Public Works at 7485 West
Azure Drive. The case is still open.
The Planning Commission denied a Review of Condition (ROC-56281) to
delete Conditions 9 and 10 of Special Use Permit (SUP-59370), which
12/09/14
required the construction of school flashers on Azure Drive and a Traffic
Impact Analysis submitted and approved by the Department of Public Works
at 7485 West Azure Drive. Staff recommended denial.
The Planning Commission approved a Required Review (RQR-59613) of
07/14/15
previously approved Special Use Permit (SUP-53970) for an existing Public
School, Secondary use at 7485 West Azure Drive. Staff recommended denial.
The Planning Commission will hear on a request for a Review of Condition
(ROC-64902) of an approved Required Review (RQR-59613) to delete
condition #2 which states, total number of students shall not exceed 435 first
07/12/16
semester and to delete #3 which states, total number of students shall not
exceed 215 second semester at 7485 West Azure Drive. Staff recommends
denial.

Most Recent Change of Ownership


03/31/15
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#6002075) was issued for a 27,992 square-foot two-story
03/16/06
office building at 7485 West Azure Drive. The permit was finalized on
05/15/07.
A building permit (#105346) was issued for a 12,498 square-foot Tenant
04/16/08
Improvement at 7485 West Azure Drive. The permit was finalized on
10/16/08.
A business license (I14-00338) was issued for an Office, Other than Listed at
09/05/12
7485 West Azure Drive. The license was marked out of business on
08/01/13.

RG

RQR-62049
Staff Report Page Four
July 12, 2016 - Planning Commission Meeting

Related Building Permits/Business Licenses


A building permit (#259077) was issued for a 25,000 square-foot Tenant
05/15/14
Improvement for a Certificate of Occupancy at 7485 West Azure Drive. The
permit was finalized on 08/14/14.
A business license application (G02-06385) was submitted for a Public
School, Secondary at 7485 West Azure Drive. The license was not issued, as
07/15/14
no City of Las Vegas business license was required for a Public Charter
School.

Pre-Application Meeting
A pre-application meeting was not held.

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

Field Check
06/02/16

Staff conducted a field check of the subject site and found the subject building
to be clean and neat in appearance, with school flashers installed on Azure
Drive.

Details of Application Request


Site Area
Net Acres
10.06

Surrounding
Property
Subject Property

Existing Land Use


Per Title 19.12
Office, Other than
Listed/Office,
Medical/Public
School, Secondary

Planned or Special
Land Use Designation

Existing Zoning District

TC (Town Center)

SX-TC (Suburban Mixed


Use Town Center)

North

Motor Vehicle Sales


(New)

TC (Town Center)

South

Single Family,
Detached

ML (Medium Low
Density Residential)

GC-TC (General
Commercial Town
Center)
R-PD7 (Residential
Planned Development 7
Units per Acre)

RG

RQR-62049
Staff Report Page Five
July 12, 2016 - Planning Commission Meeting

Surrounding
Property
East
West

Existing Land Use


Per Title 19.12
General Retail Store,
Other than Listed

Planned or Special
Land Use Designation

Multi-Family
Residential

ML (Medium Low
Density Residential)

TC (Town Center)

Existing Zoning District


SX-TC (Suburban Mixed
Use Town Center)
R-PD7 (Residential
Planned Development 7
Units per Acre)

Master Plan Areas


Town Center Master Plan
Special Purpose and Overlay Districts
T-C (Town Center) 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
Y
N/A
N/A
N/A

RG

RQR-62049 - REQUIRED REVIEW - APPLICANT/OWNER: DYNAMIC PROPERTY HOLDINGS, LLC


7485 WEST AZURE DRIVE
06/02/16

RQR-62049 - REQUIRED REVIEW - APPLICANT/OWNER: DYNAMIC PROPERTY HOLDINGS, LLC


7485 WEST AZURE DRIVE
06/02/16

RQR-62049 - REQUIRED REVIEW - APPLICANT/OWNER: DYNAMIC PROPERTY HOLDINGS, LLC


7485 WEST AZURE DRIVE
06/02/16

Agenda Item No.: 84.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ROC-64902 - REVIEW OF CONDITION - PUBLIC HEARING - APPLICANT/OWNER:
DYNAMIC PROPERTY HOLDINGS, LLC - For possible action on a request for a Review of
Condition of an approved Required Review (RQR-59613) TO DELETE CONDITION #2
WHICH STATES, TOTAL NUMBER OF STUDENTS SHALL NOT EXCEED 435 FIRST
SEMESTER AND TO DELETE #3 WHICH STATES, TOTAL NUMBER OF STUDENTS
SHALL NOT EXCEED 215 SECOND SEMESTER at 7485 West Azure Drive (APN 125-27114-024 and -025), T-C (Town Center) Zone [SX-TC (Suburban Mixed Use - Town Center)
Special Land Use Designation], Ward 6 (Ross) [PRJ-64694]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 8/17/2016
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. Action Letter for RQR-59613
7. Protest Emails

ROC-64902

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY 12, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: DYNAMIC PROPERTY HOLDINGS,
LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
ROC-64902

RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:

REQUIRED FOR
APPROVAL
N/A

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

365

APPROVALS

PROTESTS

30

RG

ROC-64902
Conditions Page One
July 12, 2016 - Planning Commission Meeting

** CONDITIONS **

ROC-646902 CONDITIONS
Planning
1.

A Required Review shall be considered at a public hearing within one year from the date of
this applications approval.

2.

Remove Condition 2 of Required Review (RQR-59613).

3.

Remove Condition 3 of Required Review (RQR-59613).

4.

Conformance to the approved conditions for Special Use Permit (SUP-53970) and
Required Review (RQR-59613).

5.

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

6.

The number of students for this site is limited to a maximum of 350 students, unless a
required review approves increasing the number of students allowed. In no case shall the
number students exceed 500.

7.

An update to the previously approved Traffic Impact Analysis must be submitted to and
approved by the Department of Public Works prior to opening as a school. Comply with
the recommendations of the approved update to the Traffic Impact Analysis prior to
occupancy of the site. Phased compliance will be allowed if recommended by the
approved Traffic Impact Analysis. No recommendation of the approved Traffic Impact
Analysis, nor compliance therewith, shall be deemed to modify or eliminate any condition
of approval imposed by the Planning Commission or the City Council on the development
of this site.

8.

There shall be an administrative review by the Department of Public Works 60 days after
the school has opened for the 2016-2017 school year to insure compliance with the
approved Traffic Impact Analysis as it relates to the school pick-up and drop-off plan and
the overall school traffic operations. Corrections for any non-compliance must be
completed by the applicant within 60 days of written notice from the City.

RG

ROC-64902
Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The subject site was approved for a Public School, Secondary use at 7485 West Azure Drive
under Special Use Permit (SUP-53970). The Special Use Permit, Condition of Approval #1,
required a one-year Required Review. Required Review (RQR-59613) was approved in 2015
with conditions limiting the number students on site. The applicant is requesting to delete
condition #2 and #3 of the Required Review in order to allow 525 students.

ANALYSIS
The subject building is comprised of air parcels per floor; the first floor is Assessors Parcel
Number 125-27-114-024 and the second floor is 125-27-114-025. The Special Use Permit
(SUP-53970) was approved for a Public School, Secondary use by the Planning Commission on
June 10, 2014 with an approved condition for a one year required review.
On July 15, 2015, a Required Review (RQR-59613) was approved by the Planning Commission
to allow the continued use as a school. The Required Review included Conditions of Approval
#2 and #3 that the number of students shall be limited to 435 students during the first semester
and 215 students starting the second semester or the 2015-2016 school year. The approved
Traffic Study analyzed a 500 student limit. However, with the limit in the number of students,
the Traffic Engineering Section of the Department of Public Works noted that the adjacent
businesses were adversely affected by the amount of onsite traffic queuing and has come to the
conclusion that this is not a good location for a school of this size. The other concern the
Department of Public Works had was the school previously took longer than anticipated to run
an efficient school pick up and drop off plan. If approved, Public Works has conditioned no
more than 350 students unless a subsequent review permits an increase in the number of students
allowed.

FINDINGS (RQR-59613)
Allowing the proposed student population of 525 students would make it worse than the original
approval and could create obstructions in the public right-of-way which have been largely
avoided with the reduction in the number of students. The approved Traffic Study and this
Review of Condition to increase the number of students assumes the continued use as limited to
secondary students. Typically the traffic associated with primary schools is more congested and
has a slower clearing time than secondary schools; therefore, staff recommends denial of the
request for a Review of Condition to allow 525 students to attend the school. If this request is
approved, it is subject to conditions.
RG

ROC-64902
Staff Report Page Two
July 12, 2016 - Planning Commission Meeting

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a Rezoning (Z-0076-98) of a 1,468-acre portion of
12/07/98
the Centennial Hills area to T-C (Town Center). The Planning Commission
and staff recommended approval.
The City Council approved a request to amend (GPA-0030-99) a portion of
the Northwest Sector Plan (now the Centennial Hills Sector Plan) from R
(Rural Density Residential) to TC (Town Center) and to amend portions of
the Centennial Hills Town Center Land Use Plan from M-TC (Medium
Density Residential Town Center) to SX-TC (Suburban Mixed Use Town
12/01/99
Center) on 63.69 acres, including the subject site. An additional request to
amend the plan from SX-TC (Suburban Mixed Use Town Center) to GC-TC
(General Commercial Town Center) was withdrawn as part of the approval.
The Planning Commission and staff recommended approval of the request to
SX-TC (Suburban Mixed Use Town Center) and denial of the remaining
portions of the application.
The City Council approved a Site Development Plan Review [Z-0076-98(20)]
for a 138,000 square-foot commercial development on 14.16 acres at the
northwest corner of Tenaya Way and Azure Drive and for a 110,000 square04/04/01
foot commercial development on 16.66 acres on the south side of Azure Drive
between Tenaya Way and Rancho Drive. Planning Commission and staff
recommended approval.
The Planning Commission approved a Site Development Plan Review (SDR4447) for a 122,477 square-foot office development on 10 acres located
07/22/04
adjacent to the south side of Azure Drive, approximately 1,250 feet west of
Tenaya Way. Staff recommended approval.
The City Council approved a Review of Condition (ROC-6074) to eliminate
condition number 22 of Site Development Plan Review [Z-0076-98(20)],
04/06/05
thereby allowing buildings greater than one story in height. Staff
recommended denial.
The City Council approved a Site Development Plan Review (SDR-6109) for
a 104,398 square-foot office condominium complex on 10.04 acres located
06/01/05
adjacent to the south side of Azure Drive, approximately 1,250 feet west of
Tenaya Way. Planning Commission recommended approval. Staff
recommended denial.
The Planning Commission approved a Tentative Map (TMP-6701) for a one06/23/05
lot commercial subdivision on 10.04 acres adjacent to the south side of Azure
Drive, approximately 1,250 feet west of Tenaya Way.

RG

ROC-64902
Staff Report Page Three
July 12, 2016 - Planning Commission Meeting

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


The City Council approved a Master Sign Plan (MSP-20019) with a Waiver
of the Town Center Development Standards to allow wall signage to face an
existing residential development located outside of the Town Center limits
04/04/07
and to allow wall signage of the second floor of buildings A and B for a
commercial development located at 7425-7495 Azure Drive. The City
Referral Group (CRG) recommended approval with amended conditions.
The Planning Commission approved a Special Use Permit (SUP-53970) for a
06/10/14
Public School, Secondary use at 7485 West Azure Drive. Staff recommended
approval.
A code enforcement case (#145709) was processed for noncompliance of
Conditions 9 and 10 of Special Use Permit (SUP-53970), which required the
09/16/14
construction of school flashers on Azure Drive and a Traffic Impact Analysis
submitted and approved by the Department of Public Works at 7485 West
Azure Drive. The case is still open.
The Planning Commission denied a Review of Condition (ROC-56281) to
delete Conditions 9 and 10 of Special Use Permit (SUP-59370), which
12/09/14
required the construction of school flashers on Azure Drive and a Traffic
Impact Analysis submitted and approved by the Department of Public Works
at 7485 West Azure Drive. Staff recommended denial.
The Planning Commission approved a Required Review (RQR-59613) of
07/14/15
previously approved Special Use Permit (SUP-53970) for an existing Public
School, Secondary use at 7485 West Azure Drive. Staff recommended denial.
The Planning Commission will hear on a request for a one-year Required
Review (RQR-62049) of an approved Required Review (RQR-59613) to
delete condition #2 which states Total number of students shall not exceed
07/12/16
435 first semester. and delete condition #3 which state Total number
students shall not exceed 215 second semester at 7485 West Azure Drive.
Staff recommends denial.
Most Recent Change of Ownership
03/31/15
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
A building permit (#6002075) was issued for a 27,992 square-foot two-story
03/16/06
office building at 7485 West Azure Drive. The permit was finalized on
05/15/07.
A building permit (#105346) was issued for a 12,498 square-foot Tenant
04/16/08
Improvement at 7485 West Azure Drive. The permit was finalized on
10/16/08.

RG

ROC-64902
Staff Report Page Four
July 12, 2016 - Planning Commission Meeting

Related Building Permits/Business Licenses


A business license (I14-00338) was issued for an Office, Other than Listed at
09/05/12
7485 West Azure Drive. The license was marked out of business on
08/01/13.
A building permit (#259077) was issued for a 25,000 square-foot Tenant
05/15/14
Improvement for a Certificate of Occupancy at 7485 West Azure Drive. The
permit was finalized on 08/14/14.
A business license application (G02-06385) was submitted for a Public
School, Secondary at 7485 West Azure Drive. The license was not issued, as
07/15/14
no City of Las Vegas business license was required for a Public Charter
School.

Pre-Application Meeting
A pre-application meeting was not held.

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

Field Check
06/02/16

Staff conducted a field check of the subject site and found the subject building
to be clean and neat in appearance, with school flashers installed on Azure
Drive.

Details of Application Request


Site Area
Net Acres
10.06

Surrounding
Property
Subject Property

North

Existing Land Use


Per Title 19.12
Office, Other than
Listed/Office,
Medical/Public
School, Secondary
Motor Vehicle Sales
(New)

Planned or Special
Land Use Designation

Existing Zoning District

TC (Town Center)

SX-TC (Suburban Mixed


Use Town Center)

TC (Town Center)

GC-TC (General
Commercial Town
Center)

RG

ROC-64902
Staff Report Page Five
July 12, 2016 - Planning Commission Meeting

Surrounding
Property

Existing Land Use


Per Title 19.12

Planned or Special
Land Use Designation

Single Family,
Detached

ML (Medium Low
Density Residential)

East

General Retail Store,


Other than Listed

TC (Town Center)

West

Multi-Family
Residential

ML (Medium Low
Density Residential)

South

Existing Zoning District


R-PD7 (Residential
Planned Development 7
Units per Acre)
SX-TC (Suburban Mixed
Use Town Center)
R-PD7 (Residential
Planned Development 7
Units per Acre)

Master Plan Areas


Town Center Master Plan
Special Purpose and Overlay Districts
T-C (Town Center) 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
Y
N/A
N/A
N/A

RG

ROC-64902

ROC-64902

ROC-64902

ROC-64902

ROC-64902

ROC-64902

ROC-64902

ROC-64902

ROC-64902

ROC-64902

ROC-64902

ROC-64902

ROC-64902 [PRJ-64694] - REVIEW OF CONDITIONS - APPLICANT/OWNER: DYNAMIC PROPERTY


HOLDINGS, LLC
7485 WEST AZURE DRIVE
06/02/16

ROC-64902 [PRJ-64694] - REVIEW OF CONDITIONS - APPLICANT/OWNER: DYNAMIC PROPERTY


HOLDINGS, LLC
7485 WEST AZURE DRIVE
06/02/16

ROC-64902 [PRJ-64694] - REVIEW OF CONDITIONS - APPLICANT/OWNER: DYNAMIC PROPERTY


HOLDINGS, LLC
7485 WEST AZURE DRIVE
06/02/16

ROC-64902 - REVISED

ROC-64902 - REVISED

ROC-64902 - REVISED

ROC-64902 - REVISED

ROC-64902 - REVISED

ROC-64902

ROC-64902

Agenda Item No.: 85.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
SDR-64778 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING - APPLICANT:
RMCM PROPERTY PARTNERSHIP, LLC - OWNER: C&M PROPERTY PARTNERSHIP For possible action on a request for a Major Amendment to a previously approved Plot Plan
Review [Z-0100-64(123)] FOR A PROPOSED 7,330 SQUARE-FOOT BUILDING ADDITION
TO AN EXISTING OFFICE BUILDING on 0.59 acres at 700 South 3rd Street (APN 139-34310-036, 037 and 047), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-64398]. Staff
recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 8/17/2016
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

SDR-64778 [PRJ-64398]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY12, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: RMCM PROPERTY PARTNERSHIP, LLC OWNER: C&M PROPERTY PARTNERSHIP

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SDR-64778

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

421

APPROVALS

PROTESTS

11

JB

SDR-64778 [PRJ-64398]
Conditions Page One
July 12, 2016 - Planning Commission Meeting

** CONDITIONS **

SDR-64778 CONDITIONS
Planning
1.

Conformance to the Conditions of Approval for Plot Plan Review [Z-0100-64(123)], Plot
Plan Review [Z-0100-64(144)] and Satellite Parking Review [SP-0004-89] 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, site plan and
landscape plan date stamped 05/24/16, except as amended by conditions herein.

4.

All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.

5.

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

6.

A fully operational fire protection system, including fire apparatus roads, fire hydrants and
water supply, shall be installed and shall be functioning prior to construction of any
combustible structures.

7.

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.

8.

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

9.

Correct all Americans with Disabilities Act (ADA) deficiencies adjacent to this site on
Garces Avenue and 3rd Street, in accordance with the Downtown Development Standards
and code requirements of Title 13.56.040, to the satisfaction of the City Engineer,
concurrent with development of this site, except as amended herin. 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.
JB

SDR-64778 [PRJ-64398]
Conditions Page Two
July 12, 2016 - Planning Commission Meeting

10.

Landscape and maintain all unimproved rights-of-way on Garces Avenue and 3rd Street
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 in the


Garces Avenue and 3rd Street public rights of way prior to the 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 applicant and any
successors in interest to the property and assigns pursuant to the terms 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.

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 or the submittal of a
map for this site, whichever may occur first. Provide and improve all drainage ways as
recommended.

JB

SDR-64778 [PRJ-64398]
Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Major Amendment to a previously approved Plot Plan Review [Z-010064(123)] for a proposed 7,330 square-foot expansion to an existing 8,099 square-foot office
building on 0.25 acres at 700 South 3rd Street.

ISSUES

Per the Downtown Centennial Plan Area Threshold requirements, the proposed 7,330 squarefoot addition represents a modification to an existing structure resulting in net floor area
expansion exceeding 10% or 5,000 SF (whichever is less) of floor area of the existing
structure and requires a Major Site Development Plan review.
There are no proposed alterations to the existing streetscape design except for the proposed
replacement of planting materials in the existing amenity zone; this proposal is limited to the
7,330 square-foot expansion of the existing building.
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.

ANALYSIS
The proposed expansion will be located on the eastern perimeter of the existing building adjacent
to 3rd Street. The interior site landscaping in front of the entrance to the building has been
enhanced to incorporate ramped wheelchair access and additional planting materials.
The subject site is located in the Las Vegas Downtown Centennial Plan Downtown South
district, within the C-2 (General Commercial) zoning district. The subject site is utilized as an
office, other than listed land use which is a permitted in the C-2 zoning district; there are no
anticipated changes from the existing use. Parking for the site is provided by an existing satellite
parking lot located at 713 South Casino Center Boulevard. The satellite parking lot was approved
via Plot Plan Review [Z-0100-64(144)] and Satellite Parking Review (SP-0004-89) and provides
42 parking spaces, including two van-accessible spaces. In addition, the applicant has proposed
to install an ADA-compliant wheelchair access ramp to the front entrance of the building from
4th Street to provide better access to the building.
The proposed building addition will be finished to match the existing exterior finish of the
existing building, which is has a tan brown stucco building facade. The overall height of the
structure has been raised from 24 feet to 27 feet when measured to the top of the roof parapet.

JB

SDR-64778 [PRJ-64398]
Staff Report Page Two
July 12, 2016 - Planning Commission Meeting

All existing streetscape design along 3rd Street and Garces Avenue will not be affected by this
proposal. However, the applicant has proposed to remove the mature Elm trees located in the
streetscape amenity area along 3rd Street to enhance visibility to the site. The applicant has
proposed to install new 36-inch box Chinese Pistacia trees along the 3rd Street to replace the
mature Elm trees.
The applicant has proposed to enhance the interior site landscaping in front of the entrance to the
building along the eastern perimeter of the subject site. The submitted plans show a combination
of Red Bird of Paradise, Evergreen Iris, Brakelight Red Yucca, New Gold Lantana, Green Cloud
Texas Ranger, Dwarf Indian Hawthorn and Huntington Carpet Rosemary shrubs which will be
located in front of the building.
This project meets all minimum commercial development standards and is in compliance with
the Las Vegas Downtown Centennial Plan design standards; therefore, staff is recommends
approval of this proposed development with conditions.

FINDINGS (SDR-64778)
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 building addition and elevation changes are compatible with the surrounding
area and adjacent multi-family and general office 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;
The proposed office building and use continue to meet all minimum city standards and
remains a permissible land use in Las Vegas Downtown Centennial Plan Downtown
South district. The proposed building addition, elevation changes and parking-lot restriping
will not change the existing use on-site.

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
Site access is provided from 3rd Street and Garces Avenue, which are unclassified 80-foot
rights-of-way. These streets are sufficient in size to accommodate the needs of the
proposed use.

JB

SDR-64778 [PRJ-64398]
Staff Report Page Three
July 12, 2016 - Planning Commission Meeting

4.

Building and landscape materials are appropriate for the area and for the City;
The proposed building addition will be finished to match the existing exterior finish of the
existing building. The project design and style are appropriate for the subject location and
will be harmonious with buildings in the surrounding 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 design characteristics of the proposed building elevations are not unsightly and are
compatible with development in the area. The applicant is seeking to update the
appearance of the existing office building and provide additional floor area for a new
tenant. The proposed materials provide a suitable update for the surrounding commercial
uses and the desert environment.

6.

Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
The proposed building addition and elevation changes to the existing office building will
be subject to inspections in order to protect the public health, safety and general welfare by
City staff.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved Rezoning (Z-0100-64) from R-1 (Single Family
Residential), R-4 (High Density Residential), C-1 (Limited Commercial), C-2
(General Commercial) and C-V (Civic) to C-2 (General Commercial) for
12/16/64
approximately 230 Acres generally located on property bounded by Main
Street to the west, Bonanza Road on the north, Las Vegas Boulevard on the
east, and Charleston Boulevard on the south, Wards 1 and 3. The Planning
Commission recommended approval on 12/10/64.
The Board of City Commissioners approved a request for a Special Use
03/05/75
Permit (U-0039-62) to maintain a professional office on property located on
the southwest corner of 3rd Street and Garces Avenue.
The Planning Commission approved a request for a Plot Plan Review [Z07/13/89
0100-64(123)] for a proposed addition to an existing law office located at 700
South 3rd Street.

JB

SDR-64778 [PRJ-64398]
Staff Report Page Four
July 12, 2016 - Planning Commission Meeting

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


The Planning Commission approved a request for a Plot Plan Review [Z0100-64(144)] for a parking lot located at 713 South Casino Center
Boulevard.
The Planning Commission approved a request for a Satellite Parking Review
[SP-0004-89] for a satellite parking lot located at 713 South Casino Center
Boulevard.

Most Recent Change of Ownership


09/23/81
A deed was recorded for a change in ownership. (APN 139-34-310-047)
A deed was recorded for a change in ownership. (APNs 139-34-310-036 and
06/12/91
037)

Related Building Permits/Business Licenses


A business license (#P50-01254) was issued for professional services at 700
01/01/51
South 3rd Street. The license is still active.
A business license (#P50-01511) was issued for professional services at 700
11/10/94
South 3rd Street. The license is still active.
A business license (#P50-01743) was issued for professional services at 700
08/28/06
South 3rd Street. The license is still active.
A building permit (#92162735) was issued for a remodel and addition at 700
10/06/92
South 3rd Street. The permit was finalized on 04/01/93.
A building permit (#92162878) was issued for a remodel and addition at 700
10/07/92
South 3rd Street. The permit was finalized on 01/25/93.
A business license (#P50-02060) was issued for professional services at 700
04/26/10
South 3rd Street. The license is still active.
A business license (#P50-02092) was issued for professional services at 700
08/24/10
South 3rd Street. The license is still active.
A business license (#G62-07756) was issued for professional services at 700
10/28/14
South 3rd Street. The license is still active.
A business license (#G63-01803) was issued for business support services at
03/18/15
700 South 3rd Street. The license is still active.

Pre-Application Meeting
A meeting was held with the applicant to discuss the submittal process and
04/26/16
procedures for a Site Development Plan Review for a proposed expansion of an
existing office use.

JB

SDR-64778 [PRJ-64398]
Staff Report Page Five
July 12, 2016 - Planning Commission Meeting

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

Field Check
06/02/16

During a routine field check staff found a well maintained site free from
debris or litter.

Details of Application Request


Site Area
Net Acres
0.25

Surrounding
Property
Subject Property
North
South
East

Existing Land Use


Per Title 19.12
Office, Other than
Listed
Office, Other than
Listed
Office, Other than
Listed

Planned or Special
Land Use Designation

Duplex

C (Commercial)

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

Undeveloped
West

C (Commercial)
Satellite Parking Lot

Existing Zoning District


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

Master Plan Areas


Downtown Centennial Plan
Special Purpose and Overlay Districts
Downtown Centennial Plan Overlay District (Downtown South)
A-O (Airport Overlay) District (200 Feet)
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
N/A
Compliance
N/A
N/A
N/A
N/A

JB

SDR-64778 [PRJ-64398]
Staff Report Page Six
July 12, 2016 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Street Name

Functional
Classification of
Street(s)

3rd Street

Local Street

Garces Avenue

Local Street

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

Actual
Street Width
(Feet)

Compliance
with Street
Section

80 Feet

80 Feet

Streetscape Standards

Required
Provided
Compliance
Five-foot wide amenity
Y
Five-foot
zone
10-foot wide sidewalk
Five- Feet
N*
36-inch box trees at 15 to
Downtown Centennial Plan
20 feet
2 Trees (existing )
intervals along 7th Street
Y
6 Trees (proposed)
and Carson
Avenue.
*A covenant running with the land will be required to obtain the property owners consent for
future improvements.

Parking Requirement - Downtown


Base Parking Requirement
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Office
15,429 SF
1:300
52
52
42
Y*
TOTAL SPACES REQUIRED
49
3
40
2
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.

JB

SDR-64778

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SDR 64778
RMCM Property Partnership, LLC

700 S. Third Street


Proposed 7.33 thousand square foot addition to an existing 8.099 thousand square foot office building.
Existing Use
Average Daily Traffic (ADT)
AM Peak Hour

11.01
GENERAL OFFICE BUILDING [1000 SF]

8.099

PM Peak Hour

1.55
1.49

89
13
12

Proposed Expansion
Average Daily Traffic (ADT)
AM Peak Hour

11.01
GENERAL OFFICE BUILDING [1000 SF]

7.33

PM Peak Hour

1.55
1.49

81
11
11

Total Use
Average Daily Traffic (ADT)
AM Peak Hour

11.01
GENERAL OFFICE BUILDING [1000 SF]

PM Peak Hour

15.429

1.55
1.49

170
24
23

Existing traffic on nearby streets:


Garces Avenue
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

1,683
135

3rd Street
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

2,284
183

Traffic Capacity of adjacent streets:


Garces Avenue
3rd Street

Adjacent Street ADT Capacity


13,040
13,040

This project will add approximately 81 trips per day on Garces Ave. and 3rd St. Garces is currently at about 13 percent of
capacity and 3rd is at about 18 percent of capacity. After this project, Garces is expected to be at about 14 percent of
capacity and 3rd to remain unchanged.
Based on Peak Hour use, this development will add into the area roughly 11 additional cars, or about one every five
minutes.
Note that this report assumes all traffic from this development uses all named streets.

SDR-64778 [PRJ-64398] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: RMCM PROPERTY


PARTNERSHIP, LLC - OWNER: C&M PROPERTY PARTNERSHIP
700 SOUTH 3RD STREET
06/02/16

SDR-64778 [PRJ-64398] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: RMCM PROPERTY


PARTNERSHIP, LLC - OWNER: C&M PROPERTY PARTNERSHIP
700 SOUTH 3RD STREET
06/02/16

SDR-64778 [PRJ-64398] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: RMCM PROPERTY


PARTNERSHIP, LLC - OWNER: C&M PROPERTY PARTNERSHIP
700 SOUTH 3RD STREET
06/02/16

SDR-64778 [PRJ-64398] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: RMCM PROPERTY


PARTNERSHIP, LLC - OWNER: C&M PROPERTY PARTNERSHIP
700 SOUTH 3RD STREET
06/02/16

SDR-64778 [PRJ-64398] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: RMCM PROPERTY


PARTNERSHIP, LLC - OWNER: C&M PROPERTY PARTNERSHIP
700 SOUTH 3RD STREET
06/02/16

SDR-64778

SDR-64778

Agenda Item No.: 86.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
SDR-64815 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING APPLICANT/OWNER: DOWNTOWN CAC, LLC - For possible action on a request for a Site
Development Plan Review FOR A PROPOSED 2,180 SQUARE-FOOT RESTAURANT WITH
A DRIVE-THROUGH AND A 687 SQUARE-FOOT OUTDOOR DINING AREA WITH A
WAIVER OF THE DOWNTOWN CENTENNIAL PLAN SETBACK STANDARDS on 0.50
acres at the southwest corner of Clark Avenue and Casino Center Boulevard (APN 139-34-302009), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-64633]. Staff recommends
APPROVAL.
MAY GO TO CITY COUNCIL ON 8/17/2016
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

SDR-64815 [PRJ-64633]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY 12, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: DOWNTOWN CAC, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SDR-64815

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

116

APPROVALS

PROTESTS

12

JB

SDR-64815 [PRJ-64633]
Conditions Page One
July 12, 2016 - Planning Commission Meeting

** CONDITIONS **

SDR-64815 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 building elevations date stamped
05/26/16, site plan date stamped and landscape plan date stamped 06/20/16 and 06/29/16,
except as amended by conditions herein.

3.

A Waiver from Las Vegas Downtown Centennial Plan setback standards is hereby
approved, to allow zero percent of the first story faade to align with the front property
line.

4.

All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.

5.

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

6.

A fully operational fire protection system, including fire apparatus roads, fire hydrants and
water supply, shall be installed and shall be functioning prior to construction of any
combustible structures.

7.

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

8.

Grant a Pedestrian Access Easement for any sidewalk located outside of the public right-ofway prior to the issuance of any permits.

9.

Remove all substandard public street improvements and unused driveway cuts adjacent to
this site, if any, and replace with new improvements meeting Downtown Centennial Plan
Standards concurrent with development of this site, except as amended by conditions
herein.
JB

SDR-64815 [PRJ-64633]
Conditions Page Two
July 12, 2016 - Planning Commission Meeting

10.

A Sight Visibility Analysis for the driveway on Transit Station Street must be submitted to
the City Traffic Engineer and receive approval prior to the issuance of permits for this site.
Landscaping along Clark Avenue and Transit Station Avenue must be modified to conform
with the approved Site Visibility Analysis.

11.

Landscape and maintain all unimproved right-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


Clark Avenue and Transit Station Avenue public rights-of-way, if any, prior to the 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 applicant
and any successors in interest to the property and assigns pursuant to the terms 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.

Unless otherwise allowed by the City Engineer, construct sidewalk on at least one side of
all access drives connecting this site to the adjacent public streets concurrent with
development of this site. The connecting sidewalk shall extend from the sidewalk on the
public street to the first intersection of the on-site roadway network and shall be terminated
on-site with a handicap ramp.

14.

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.

JB

SDR-64815 [PRJ-64633]
Conditions Page Three
July 12, 2016 - Planning Commission Meeting

15.

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

SDR-64815 [PRJ-64633]
Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Site Development Plan Review for a proposed 2,180 square-foot
Restaurant with a Drive-Through on an undeveloped parcel located at the southwest corner of
Clark Avenue and Casino Center Boulevard.
ISSUES

Per the Downtown Centennial Plan threshold requirements the new proposed 2,180
square-foot principal structure on-site meets the definition of a Major Site Development
Plan.
A Waiver of the Downtown Centennial Plan is required for the building setback to allow
zero percent of the first story faade to align with the front property line where 70% is
required.

ANALYSIS
This project is located in the Las Vegas Downtown Centennial Plan Office Core District and
proposes to construct one commercial building totaling 2,180 square feet on 0.50 acres on the
southwest corner of Clark Avenue and Casino Center Boulevard. The subject site is an
irregularly shaped lot which is currently undeveloped. The subject site has a zoning designation
of C-2 (General Commercial), which allows the proposed Restaurant as a permitted use and the
Drive-Through as a conditional land use.
Drive Through Conditional Use Requirements:
1. A single-station drive-through shall have a stacking lane that will accommodate a minimum of
six vehicles, including the vehicle at the station. A multiple-station drive-through shall have
stacking lanes that will accommodate a minimum of three vehicles per station, including the
vehicle at that station.
The submitted site plan indicates that the proposed single-station drive-through will provide a
stacking lane which will accommodate 11 vehicles, which exceeds the six vehicle minimum.
2. The drive-through shall be screened in accordance with LVMC 19.08.040(F).
The submitted site plan and landscaping plan indicates that the proposed drive-through will be
located on the southern perimeter of the subject site and will be screened by the building faade
and proposed landscaping planting materials, which complies with all Title 19.08.040(F)
requirements.
JB

SDR-64815 [PRJ-64633]
Staff Report Page Two
July 12, 2016 - Planning Commission Meeting

Per the Downtown Centennial Plan threshold requirements the new proposed 2,180 square-foot
principal structure on-site meets the definition of a Major Site Development Plan Review, with a
covenant signed for all future streetscape and civil improvements because of the partial block
frontage.
The submitted building elevations indicate the new proposed building will be located on the
southern portion of the site and is 24.5 feet in height measured to the top of the parapet. The
structure will have a corniced metal roof line with a Timber Wolf (light grey) finish. The
building faade will incorporate a combination of white washed brick veneer with a Timber
Ash glazed porcelain tile building facade. All rooftop mechanical equipment has been shielded
from view by the roof parapet.
The floor plan shows a typical layout for a Restaurant with Drive-Through. Dining room seating
is depicted for 43 patrons. The service area shows reasonable queuing area in front of the
counter, as well as a drive-through service area, ADA accessible restrooms and food preparation
area.
The subject site is located in close proximity to the City of Las Vegas City Hall, Regional Justice
Center, Clark County Detention Center and Bonneville Bus Rapid Transit Center. The applicant
has indicated that it will install a dedicated pedestrian pathway on the northern perimeter of the
site in order to increase the walkability of the site. The proposed pedestrian path will provide a
safer access route for pedestrians accessing the site from the north to support alternative modes
of arrival to the property. In addition, the applicant has proposed to create two outdoor patio
spaces totaling 687 square feet adjacent to the northern perimeter of the proposed building with
bicycle racks. The proposed landscaping buffers and interior parking lot area provide 36-box
Chilean Mesquite and 24-box Mexican Fan Palm trees with a combination of Japanese Box
Leaf, Hesperaloe Campanulata, Regal Mist Grass and Mescal Perrys Agave shrubs.
The subject site is currently accessed by Casino Center Boulevard from the east and Clark
Avenue from the west, which are both classified as Major Collectors streets by the Master Plan
of Streets and Highways. Both streets have one-way traffic flow to the south adjacent to the
subject site. The applicant has requested a Waiver of the Las Vegas Downtown Centennial Plan
setback to allow the first story faade to not align along the front property line. Staff has
determined the requested Waiver will have minimal negative impact to development surrounding
area and is appropriate for this area of the Downtown Centennial Plan; therefore, staff
recommends approval of this project with conditions.

FINDINGS (SDR-64815)
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:

JB

SDR-64815 [PRJ-64633]
Staff Report Page Three
July 12, 2016 - Planning Commission Meeting

1.

The proposed development is compatible with adjacent development and


development in the area;
The proposed commercial development is located in the Downtown Centennial Plan
overlay and will serve as a restaurant use that is complementary to the other restaurants
and general retail uses in the neighborhood and is the type of use that is encouraged in the
Downtown Overlay District.

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 Downtown
Centennial Plan Overlay District. However, it is not consistent with the building setback
and standards in the Downtown Centennial Plan.

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
Site access is provided from Casino Center Boulevard and Clark Avenue, which are Major
Collector streets as designated in the Master Plan of Streets and Highways. These streets
are sufficient in size to accommodate the needs of the proposed use. The applicant has also
provided bicycle and pedestrian amenities that support alternative modes of travel in the
Office Core District.

4.

Building and landscape materials are appropriate for the area and for the City;
The building will be constructed with a corniced metal roof line with a Timber Wolf
(light grey) finish. The building faade will incorporate a combination of white washed
brick veneer with a Timber Ash glazed porcelain tile building facade. The submitted
building elevations indicate all rooftop mechanical equipment has been shielded from view
by the roof parapet and that metal canopies will be provided above the main entrance to
the building.

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 proposed building elevations have been designed with articulated roof lines and
materials to prevent blank and expressionless walls. All roof mounted mechanical
equipment has been screened from view using parapet walls. However, it is not
consistent with the building setback standards in the Downtown Centennial Plan. The

JB

SDR-64815 [PRJ-64633]
Staff Report Page Four
July 12, 2016 - Planning Commission Meeting

applicant has requested a Waiver to allow zero percent of the first story faade to align
with the front property line. The subject site is irregularly shaped, which creates
development constraints on-site. Staff has determined the requested Waiver will have
minimal negative impact to surrounding development.
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.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved Rezoning (Z-0100-64) from R-1 (Single Family
Residential), R-4 (High Density Residential), C-1 (Limited Commercial), C-2
(General Commercial) and C-V (Civic) to C-2 (General Commercial) for
12/16/64
approximately 230 Acres generally located on property bounded by Main
Street to the west, Bonanza Road on the north, Las Vegas Boulevard on the
east, and Charleston Boulevard on the south, Wards 1 and 3. The Planning
Commission recommended approval on 12/10/64.
The City Council approved a request for a Site Development Plan Review
(SDR-10451) for a 32-story Residential Building with 20,850 square feet of
Commercial Space; a 25-story Office Building with 9,995 square feet of
Commercial Space; and Waivers of the Downtown Centennial Plan building
placement standards; the Downtown Centennial Plan Streetscape; and
Downtown Centennial Plan Step Back requirements at 501 thru 529 South
First Street; 108 and 122 Clark Avenue; and 508 thru 514 South Casino
Center Boulevard. The Planning Commission and Staff recommended
approval of the request.
02/15/06
The City Council approved a request for a Special Use Permit (SUP-10452)
for a proposed Mixed Use Development for a 32-story building and a 25-story
building at 501 thru 529 South First Street; 108 and 122 Clark Avenue; and
508 thru 514 South Casino Center Boulevard. The Planning Commission and
Staff recommended approval of the request.
The City Council approved a request for a Special Use Permit (SUP-10453)
for a proposed Mixed Use Development for a 405 foot building in the Airport
Overlay District at 501 thru 529 South First Street; 108 and 122 Clark
Avenue; and 508 thru 514 South Casino Center Boulevard. The Planning
Commission and Staff recommended approval of the request.

JB

SDR-64815 [PRJ-64633]
Staff Report Page Five
July 12, 2016 - Planning Commission Meeting

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


The City Council approved a request for a Petition to Vacate (VAC-39145)
the aerial right-of-way for a portion of an existing 20-foot wide public alley
10/20/10
located between Clark Avenue and Bonneville Avenue, and between 1st
Street and Casino Center Boulevard.
The Department of Planning approved a request for an Extension of Time
(EOT-46477) of a Petition to Vacate (VAC-39145) the aerial right-of-way for
09/05/12
a portion of an existing 20-foot wide public alley located between Clark
Avenue and Bonneville Avenue, and between 1st Street and Casino Center
Boulevard.

Most Recent Change of Ownership


11/24/15
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no Related Building Permits/Business Licenses

Pre-Application Meeting
A meeting was held with the applicant to discuss the submittal process and
05/12/16
procedures for a Site Development Plan Review for a proposed Restaurant
with a Drive-Through use.

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

Field Check
06/02/16

Staff visited the site and found an undeveloped pad with trash and debris
scattered throughout the site.

Details of Application Request


Site Area
Net Acres
0.50

JB

SDR-64815 [PRJ-64633]
Staff Report Page Six
July 12, 2016 - Planning Commission Meeting

Surrounding
Property

Existing Land Use


Per Title 19.12

Planned or Special
Land Use Designation

Subject Property

Undeveloped

C (Commercial)

North

PF (Public Facilities)

East

Parking Lot
Multi-Family
Residential
Parking Lot

West

Undeveloped

C (Commercial)

South

C (Commercial)
PF (Public Facilities)

Existing Zoning District


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

Master Plan Areas


Downtown Centennial Plan
Special Purpose and Overlay Districts
Downtown Centennial Plan Overlay District (Office Core 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
Pursuant to Downtown Centennial Plan, the following standards apply:
Standard
Required/Allowed
Provided
Compliance
Min. Setbacks
Front (east)
70% along Property Line
0%
N*
Side (north)
N/A
120 Feet
Y
Side (south)
N/A
22 Feet
Y
N/A
43 Feet
Y
Rear (west)
Screened,
Gated, w/
Trash Enclosure
Y
Screened, Gated, w/ a
a Roof or
Roof or Trellis
Trellis
Mech. Equipment
Screened
Screened
Y
*The applicant has requested a Waiver to allow zero percent of the first story faade to align
with the front property line.

JB

SDR-64815 [PRJ-64633]
Staff Report Page Seven
July 12, 2016 - Planning Commission Meeting

Pursuant to Downtown Centennial Plan, the following standards apply:


Landscaping and Open Space Standards
Required
Standards
Ratio
Trees
Buffer Trees:
North
1 Tree / 0 Linear Feet
0 Trees
South
1 Tree / 0 Linear Feet
0 Trees
East
1 Tree / 0 Linear Feet
0 Trees
West
1 Tree / 0 Linear Feet
0 Trees
TOTAL PERIMETER TREES
0 Trees
1 Tree / 6 Uncovered
Parking Area Trees
Spaces, plus 1 tree at the
8 Trees
end of each row of spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
0 Feet
South
0 Feet
East
0 Feet
0 Feet
West
Wall Height
6 to 8 Feet Adjacent to Residential

Street Name

Functional
Classification of
Street(s)

Casino Center
Boulevard

Major Collector

Clark Avenue

Major Collector

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

Provided

Compliance

2 Trees
7 Trees
0 Trees
6 Trees
15 Trees

Y
Y
Y
Y
Y

21 Trees

0 Feet
10 Feet
0 Feet
0 Feet
8 Feet

Y
Y
Y
Y
Y

Actual
Street Width
(Feet)

Compliance
with Street
Section

80

45

Streetscape Standards

Required
Provided
Compliance
Five-foot wide amenity
N*
Zero Feet
zone
10-foot wide sidewalk
Five Feet
N*
Downtown Centennial Plan
36-inch box trees at 15 to
7 Trees on Casino
20 feet intervals along
Center Boulevard
N*
Casino Center Boulevard
(existing/proposed)
and Clark Avenue
*A covenant running with the land will be required to obtain the property owners consent for
future improvements.

JB

SDR-64815 [PRJ-64633]
Staff Report Page Eight
July 12, 2016 - Planning Commission Meeting

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
2,180 SF
(1037 indoor
1:50 SF of
and seating & seating
Restaurant
1,143 SF
area plus
with Drive
41
gross
1:200 of
Through
remaining) w/ remaining
Outdoor patio floor area
687 SF
41
16
N*
TOTAL SPACES REQUIRED
39
2
15
1
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.

Waivers
Requirement
70% of the first story faade
shall align along the front and
corner side property lines

Request
0% alignment along
front property lines

Staff Recommendation
Approval

JB

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SDR 64815
Downtown CAC, LLC

SWC Clark Avenue and Casino Center Boulevard


Proposed 2.18 thousand square foot restaurant with drive-through.
First Use
496.12

Average Daily Traffic (ADT)


AM Peak Hour

FAST-FOOD WITH DRIVE-THRU [1000


SF]

PM Peak Hour

2.18

49.35
33.84

1,082
108
74

Existing traffic on nearby streets:


Clark Avenue
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

2,814
225

Casino Center Boulevard


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

5,925
474

Bonneville Avenue
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

3,721
298

Traffic Capacity of adjacent streets:


Clark Avenue
Casino Center Boulevard
Bonneville Avenue

Adjacent Street ADT Capacity


31,080
16,300
31,080

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currently at about 9 percent of capacity, Casino Center is at about 36 percent of capacity and Bonneville is at about 12
percent of capacity. After this project, Clark is expected to be at about 13 percent of capacity, Casino Center to be at about
43 percent of capacity and Bonneville to be at about 15 percent of capacity.
Based on Peak Hour use, this development will add into the area roughly 108 additional cars, or about two every minute.
Note that this report assumes all traffic from this development uses all named streets.

SDR-64815 [PRJ-64633] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: DOWNTOWN


CAC, LLC
SOUTHWEST CORNER OF CLARK AVENUE AND CASINO CENTER BOULEVARD
06/02/16

SDR-64815 [PRJ-64633] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: DOWNTOWN


CAC, LLC
SOUTHWEST CORNER OF CLARK AVENUE AND CASINO CENTER BOULEVARD
06/02/16

SDR-64815 [PRJ-64633] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: DOWNTOWN


CAC, LLC
SOUTHWEST CORNER OF CLARK AVENUE AND CASINO CENTER BOULEVARD
06/02/16

SDR-64815 [PRJ-64633] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: DOWNTOWN


CAC, LLC
SOUTHWEST CORNER OF CLARK AVENUE AND CASINO CENTER BOULEVARD
06/02/16

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Agenda Item No.: 87.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
ABEYANCE - TXT-64667 - TEXT AMENDMENT - PUBLIC HEARING APPLICANT/OWNER: CITY OF LAS VEGAS - For possible action on a request to amend
LVMC 19.12.070 related to the Liquor Establishment (Tavern) use to amend the conditions
under which a waiver of the distance separation requirement may be requested, and to provide
for other related matters. Staff has NO RECOMMENDATION.
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 has NO RECOMMENDATION
BACKUP DOCUMENTATION:
1. Proposed Amendments and Staff Report

TXT-64667

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY 12, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
TXT-64667

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff has NO RECOMMENDATION.

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

RJ Only

APPROVALS

PROTESTS

N/A

SG

TXT-64667
Proposed Amendments Page One
July 12, 2016 - Planning Commission Meeting

**PROPOSED AMENDMENTS**

Title 19.12.070 Permissible Use Descriptions and Applicable Conditions and Requirements is
hereby amended by amending Minimum Special Use Permit Requirement Number 5 of the Liquor
Establishment (Tavern) use:

5. The distance separation requirement set forth in Requirement 1 may be waived in accordance
with the provisions of LVMC 19.12.050(C), but only in connection with a proposed liquor
establishment (tavern) that:
a. Will be located on a parcel within the C-V District, the Parkway Center District within
the Downtown Centennial Plan, the Gaming Enterprise Overlay District, or the
Downtown Casino Overlay District;
b. Will be located on a parcel or within a building that, pursuant to State law or City
ordinance, has been designated as an historic property, historic building, or landmark;
c. Will be located within a regional mall; or
d. Will be located within a mixed-use development
i. That has been approved by means of Special Use Permit pursuant to LVMC Chapters
19.12 and 19.16;
ii. That has a minimum net site area of 15 acres; and
iii. Whose gross floor area of nonresidential space is a minimum of 250,000 square feet;
or
e. Will be separated from the existing use by a street or highway with a minimum right-of-way
width of 100 feet.
f. Will be located on a parcel adjacent to Las Vegas Boulevard between Charleston
Boulevard and Fremont Street that:
i. Has a minimum net site area of 0.25 acres; and
ii. Is located within a building with a minimum of 5,000 square feet of gross floor area
that is dedicated to the use.

SG

TXT-64667
Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT SUMMARY
This is a request to amend LVMC Title 19.12.070 Permissible Use Descriptions and Applicable
Conditions and Requirements to add a condition to the Minimum Special Use Permit
Requirements under which a waiver of the distance separation requirements may be requested
for the Liquor Establishment (Tavern) use.

ANALYSIS
For a Liquor Establishment (Tavern), LVMC Title 19.12.070 establishes minimum special use
permit requirements, including minimum distance separation requirements of 1,500 feet from
other Liquor Establishment (Taverns) and 1,500 feet from the following protected uses:
church/house of worship, school, individual care center licensed for more than 12 children and
City park. Under certain specific conditions, these requirements may be waived at a public
hearing in conjunction with the approval of a Special Use Permit when it is determined that the
proposed use will meet the conditions for requesting a waiver and at the discretion of the City
Council or the Planning Commission.
This amendment will allow a waiver of the minimum distance separation requirements to be
requested under the following circumstances:
The proposed Liquor Establishment (Tavern) will be located on a parcel adjacent to Las
Vegas Boulevard between Charleston Boulevard and Fremont Street that:
Has a minimum net site area of 0.25 acres; and
Is located within a building with a minimum of 5,000 square feet of gross floor
area that is dedicated to the use.
Staff has no recommendation regarding this request.

FINDINGS
The proposed text amendment will achieve the following:

Allow the City Council and the Planning Commission to consider an additional
circumstance under which a waiver of the minimum distance separation requirements
for a Liquor Establishment (Tavern) may be approved.

SG

TXT-64667
Staff Report Page Two
July 12, 2016 - Planning Commission Meeting

Limit the ability to waive the minimum distance separation requirements to those
properties located adjacent to the section of Las Vegas Boulevard between Charleston
Boulevard and Fremont Street.
Further limit the availability of a waiver request to sites that are at least 0.25 acres, and
only to establishments that are located within a building with a minimum floor area of
5,000 square feet that is dedicated to the use.
Allow some flexibility to permit additional locations for the Liquor Establishment
(Tavern) use along the Las Vegas Boulevard corridor where the use is not otherwise
permitted due to the minimum distance separation requirements. Currently, there is one
church/house of worship located at 300 South 7th Street and a number of existing taverns
within the immediate area that prevent the establishment of any new tavern use along
this stretch of Las Vegas Boulevard.

SG

Agenda Item No.: 88.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

Discussion

SUBJECT:
TXT-65071 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For possible action on a request to amend Title 19.12 to amend the Short-Term
Residential Rental use to require a Special Use Permit for each unit, and to provide for other
related matters. Staff has NO RECOMMENDATION.
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 has NO RECOMMENDATION
BACKUP DOCUMENTATION:
1. Proposed Amendments and Staff Report

TXT-65071

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: JULY, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
TXT-65071

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff has NO RECOMMENDATION.

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

RJ Only

APPROVALS

PROTESTS

N/A

SG

TXT-65071
Proposed Amendment Page One
July 12, 2016 - Planning Commission Meeting

**PROPOSED AMENDMENTS**

1.

Title 19.12.010 Table 2 (Permitted Uses) is hereby amended by amending the following
entries:
M
C-M
C-PB
C-2
C-1
O
P-O
R-MH
R-4
R-3
R-2
R-TH
R-CL
R-SL
R-1
R-D
R-E
U
Short-Term Residential Rental

C C C C C C C C C C C S S S S S

Additional
Information
page 375

S S S S S S S S S S S

2.

Title 19.12.070 is hereby amended by amending the description for the Short-Term
Residential Rental use as follows:
Short-Term Residential Rental
Description: The commercial use, or the making available for commercial use, of a
residential dwelling unit for dwelling, lodging or sleeping purposes, wherein any
individual guest rents or occupies the unit for a period of less than 31 consecutive
calendar days. This use does not include a Community Residence, Facility for
Transitional Living for Released Offenders, or any other facility with dwelling units
that is specifically defined in Chapter 19.18.
Conditional Use Regulations:
1. The operator must obtain a business license to operate the use.
2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.
3. The use must comply with the Citys noise regulations as they apply to residential
uses.
4. The use may not be located closer than 660 feet to any other Short-Term Residential
Rental use (measured from property line to property line).
5. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or access to
other properties in the area.
6. In addition to and independent of any enforcement authority or remedy described in
this Title, the failure to comply with a Conditional Use Regulation associated with
this use may be enforced as in the case of a violation of Title 6 by means of a civil
proceeding pursuant to LVMC 6.02.400 to 6.02.460, inclusive.

SG

TXT-65071
Proposed Amendment Page Two
July 12, 2016 - Planning Commission Meeting

7. On any particular parcel, the use is limited to a single residential dwelling unit that
has no more than four bedrooms, with a maximum occupancy not to exceed the
limits set forth in LVMC 6.75.090. The dwelling unit is presumed to have the
number of bedrooms indicated in the records of the Clark County Assessors Office
that pertain to that unit, but that presumption may be rebutted by inspection or other
competent evidence.
Minimum Special Use Permit Requirements:
1. The operator must obtain a business license to operate the use.
2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.
3. The use must comply with the Citys noise regulations as they apply to residential
uses.
4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or access to
other properties in the area.
5. In addition to and independent of any enforcement authority or remedy described in
this Title, the failure to comply with a Minimum Special Use Permit Requirement or
other condition of approval associated with this use may be enforced as in the case
of a violation of Title 6 by means of a civil proceeding pursuant to LVMC 6.02.400
to 6.02.460, inclusive.
6. The use may not be located closer than 660 feet to any other Short-Term Residential
Rental use (measured from property line to property line).
7. The maximum occupancy of the residential dwelling unit shall not exceed the limits
provided for in LVMC 6.75.090.
On-site Parking Requirement: No additional parking required beyond that which is
required for the principal use on the site.

SG

TXT-65071
Staff Report Page One
July 12, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT SUMMARY
This is a request to amend LVMC Title 19.12.010 Table 2 and 19.12.070 by amending the ShortTerm Residential Rental use to require a Special Use Permit in all zoning districts in which the
use is permitted, for each unit to be licensed for the use.

ANALYSIS
This amendment will accomplish the following:
1. The Short-Term Residential Rental use shall be permitted only by means of approval of a
Special Use Permit at a public hearing, regardless of the zoning district in which the use is
located. Each dwelling unit to be licensed for the use would require a separate Special Use
Permit.
2. The Conditional Use Regulations associated with the Short-Term Residential Rental use are
deleted as they would no longer apply.
3. A previous Text Amendment (TXT-63607) was approved at the 04/12/16 Planning
Commission meeting and forwarded to City Council, but has yet to be adopted. That
amendment clarified that a short-term residential rental unit did not have to be an entire
dwelling unit, but could be either the entire unit or individual rooms within a dwelling unit.
It also clarified that if multiple dwelling units exist on a single lot, then each dwelling unit
will be considered as a separate use. The intent of this Text Amendment (TXT-65071) is to
clarify that the use requires a Special Use Permit in all zoning districts, and that, pursuant to
TXT-63607, each individual unit to be licensed as a Short-Term Residential Rental would
then require approval of an individual Special Use Permit.
4. If TXT-63607 is adopted, the Title 19.12 language related to Short-Term Residential Rental
use in this text amendment request would be updated to reflect the new ordinance.

FINDINGS
The proposed text amendment will achieve the following:

Require a Special Use Permit for each dwelling unit to be licensed for a Short-Term
Residential Rental use, in every zoning district in which the use is permitted.
Delete the Conditional Use Regulations associated with the Short-Term Residential Rental
use.
SG

TXT-65071
Staff Report Page Two
July 12, 2016 - Planning Commission Meeting

Provide additional safeguards for approval of Short-Term Residential Rental units. By


approving these types of uses via a Special Use Permit, it allows greater oversight and the
ability to add specific conditions of approval to ensure that the use is compatible and
harmonious with the surrounding uses.

SG

Agenda Item No.: 89.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: JULY 12, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
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

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