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PLANNING COMMISSION AGENDA

COUNCIL CHAMBERS 495 SOUTH MAIN STREET PHONE 229-6011


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

COMMISSIONERS

Mayor Carolyn G. Goodman, (At-Large)


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

Todd L. Moody, Chair


Trinity Haven Schlottman, Vice Chair
Vicki Quinn
Gus W. Flangas
Glen Trowbridge
Cedric Crear
Sam Cherry

Facilities are provided throughout City Hall for convenience of persons with disabilities. For meetings held in the
Council Chambers, sound equipment is available for persons with hearing impairments. Reasonable efforts will be

made to assist and accommodate persons with disabilities or impairments. If you need an accommodation to
attend and participate in this meeting, please call the DEPARTMENT DESIGNEE at 702-229-6301 and
advise of your need at least 48 hours in advance of the meeting. Dial 7-1-1 for Relay Nevada.

December 13, 2016


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

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

ACTIONS:

ALL ACTIONS EXCEPT GENERAL PLAN AMENDMENTS, REZONINGS AND RELATED CASES
THERETO ARE FINAL UNLESS AN APPEAL IS FILED BY THE APPLICANT OR AN
AGGRIEVED PERSON, OR A REVIEW IS REQUESTED BY A MEMBER OF THE CITY
COUNCIL WITHIN TEN DAYS AND PAYMENT OF THOSE COSTS SHALL BE MADE UPON
FILING OF THE APPLICATION.
ANY ITEM LISTED IN THIS AGENDA MAY BE TAKEN OUT OF ORDER IF SO REQUESTED
BY THE APPLICANT, STAFF, OR A MEMBER OF THE PLANNING COMMISSION AND
AGREED TO BY THE PLANNING COMMISSION. THE PLANNING COMMISSION MAY
IMPOSE TIME LIMITATIONS, AS NECESSARY, ON THOSE PERSONS WISHING TO BE
HEARD ON ANY AGENDAED ITEM.
Planning Commission December 13, 2016 - Page 1

PLANNING COMMISSION MEETING RULES OF CONDUCT:


1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

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

BUSINESS ITEMS:
1.

CALL TO ORDER

2.

ANNOUNCEMENT: COMPLIANCE WITH OPEN MEETING LAW

3.

ROLL CALL

4.

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

5.

FOR POSSIBLE ACTION TO APPROVE THE FINAL MINUTES FOR THE PLANNING COMMISSION MEETING
OF OCTOBER 11, 2016, THE SPECIAL PLANNING COMMISSION MEETING OF OCTOBER 18, 2016 AND THE
PLANNING COMMISSION MEETING OF NOVEMBER 1, 2016.

6.

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

Planning Commission December 13, 2016 - Page 2

CONSENT ITEMS:
CONSENT ITEMS ARE CONSIDERED ROUTINE BY THE PLANNING COMMISSION AND MAY BE ENACTED BY ONE
MOTION. HOWEVER, ANY ITEM MAY BE DISCUSSED IF A COMMISSION MEMBER OR APPLICANT SO DESIRES.
7.

EOT-67225 - EXTENSION OF TIME - VARIANCE - APPLICANT: PRAYER MOUNTAIN/INTERNATIONAL


CHURCH OF LAS VEGAS - OWNER: INTERNATIONAL CHURCH OF LAS VEGAS, INC., ET AL - For
possible action on a request for an Extension of Time of an approved Variance (VAR-55721) TO ALLOW 119 PARKING
SPACES WHERE 338 SPACES ARE REQUIRED on a portion of 4.99 acres generally located at the southwest corner of
Cliff Shadows Parkway and Clark County 215 (APN 137-12-401-011), PD (Planned Development) Zone, Ward 4
(Anthony) [PRJ-66961]. Staff recommends APPROVAL.

8.

EOT-67226 - EXTENSION OF TIME RELATED TO EOT-67225 - SITE DEVELOPMENT PLAN REVIEW APPLICANT: PRAYER MOUNTAIN/INTERNATIONAL CHURCH OF LAS VEGAS - OWNER:
INTERNATIONAL CHURCH OF LAS VEGAS, INC., ET AL - For possible action on a request for an Extension of
Time of an approved Site Development Plan Review (SDR-55723) FOR A PROPOSED TWO-STORY, 35-FOOT TALL,
66,192 SQUARE-FOOT CHURCH/HOUSE OF WORSHIP AND SCHOOL WITH WAIVERS OF THE LONE
MOUNTAIN WEST WALL AND LANDSCAPE STANDARDS TO ALLOW RETAINING WALLS UP TO 16 FEET
IN HEIGHT WHERE THREE-FOOT, SIX-INCH WALLS ARE REQUIRED AND ZERO-FOOT LANDSCAPE
BUFFERS ALONG PORTIONS OF THE NORTH, SOUTH, EAST AND WEST PERIMETERS WHERE SEVEN FEET
IS REQUIRED on a portion of 9.12 acres at the southwest corner of Cliff Shadows Parkway and Clark County 215
(portions of APNs 137-12-401-001, 137-12-401-011 and 040; and 137-12-410-003), PD (Planned Development) and C-V
(Civic) Zones, Ward 4 (Anthony) [PRJ-66961]. Staff recommends APPROVAL.

9.

TMP-66454 - TENTATIVE MAP - CRAIG MARKETPLACE - APPLICANT: NELSON TRESSLER - OWNER:


BANK WELLS FARGO NATIONAL ASSOCIATION - For possible action on a request for a Tentative Map FOR A
PROPOSED ONE-LOT COMMERCIAL SUBDIVISION on 3.53 acres at the southwest corner of Craig Road and US 95
(APN 138-03-701-003) C-1 (Limited Commercial) Zone, Ward 4 (Anthony) [PRJ-66400]. Staff recommends
APPROVAL.

10.

TMP-67494 - TENTATIVE MAP - 18 FREMONT STREET ACQUISITION - APPLICANT/OWNER: 18


FREMONT STREET ACQUISITION, LLC - For possible action on a request for a Tentative Map FOR A ONE-LOT
COMMERCIAL SUBDIVISION on 2.75 acres at the northeast corner of Fremont Street and Main Street (APNs 139-34101-013; and 139-34-111-027, 028, 031, 032 and 033), C-2 (General Commercial) Zone, Ward 5 (Barlow) [PRJ-67363].
Staff recommends APPROVAL.

11.

TMP-67495 - TENTATIVE MAP - GOLDEN GATE - APPLICANT: GOLDEN GATE CASINO, LLC - OWNER:
SAL SAGEV HOTEL CO, INC., ET AL - For possible action on a request for a Tentative Map FOR A ONE-LOT
COMMERCIAL SUBDIVISION on 1.42 acres at the southeast corner of Fremont Street and Main Street (APNs 139-34101-012 and 139-34-111-035), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-67364]. Staff recommends
APPROVAL.

ONE MOTION - ONE VOTE


THE FOLLOWING ARE ITEMS THAT MAY BE CONSIDERED IN ONE MOTION/ONE VOTE. THEY ARE CONSIDERED
ROUTINE NON-PUBLIC AND PUBLIC HEARING ITEMS. ALL PUBLIC HEARINGS AND NON-PUBLIC HEARINGS
WILL BE OPENED AT ONE TIME. ANY PERSON REPRESENTING AN APPLICATION OR A MEMBER OF THE PUBLIC
OR A MEMBER OF THE PLANNING COMMISSION NOT IN AGREEMENT WITH THE CONDITIONS AND ALL
STANDARD CONDITIONS FOR THE APPLICATION RECOMMENDED BY STAFF, SHOULD REQUEST TO HAVE
THAT ITEM REMOVED FROM THIS PART OF THE AGENDA.
12.

ABEYANCE - VAR-66138 - VARIANCE - PUBLIC HEARING - APPLICANT: FAITH TEMPLE - OWNER:


COGIC FAITH TEMPLE TRUE HOLINESS, ET AL - For possible action on a request for a Variance TO ALLOW A
FOUR-FOOT SIDE YARD SETBACK WHERE FIVE FEET IS REQUIRED at 903 and 907 West Adams Avenue and
906 West Washington Avenue (APNs 139-28-609-005, 006, and 013), R-1 (Single Family Residential) Zone, Ward 5
(Barlow) [PRJ-64699]. Staff recommends APPROVAL.

Planning Commission December 13, 2016 - Page 3

13.

ABEYANCE - SUP-66140 - SPECIAL USE PERMIT RELATED TO VAR-66138 - PUBLIC HEARING APPLICANT: FAITH TEMPLE - OWNER: COGIC FAITH TEMPLE TRUE HOLINESS, ET AL - For possible
action on a request for a Special Use Permit FOR A PROPOSED 2,408 SQUARE-FOOT CHURCH/HOUSE OF
WORSHIP at 903 and 907 West Adams Avenue and 906 West Washington Avenue (APNs 139-28-609-005, 006, and
013), R-1 (Single Family Residential) Zone, Ward 5 (Barlow) [PRJ-64699]. Staff recommends APPROVAL.

14.

ABEYANCE - SDR-66141 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-66138 AND SUP66140 - PUBLIC HEARING - APPLICANT: FAITH TEMPLE - OWNER: COGIC FAITH TEMPLE TRUE
HOLINESS, ET AL - For possible action on a request for a Site Development Plan Review FOR A PROPOSED 1,073
SQUARE-FOOT ADDITION TO AN EXISTING 1,335 SQUARE-FOOT CHURCH/HOUSE OF WORSHIP WITH
WAIVERS TO ALLOW A ZERO-FOOT WIDE LANDSCAPE BUFFER ALONG THE SOUTH PROPERTY LINE
AND A TEN-FOOT WIDE LANDSCAPE BUFFER ALONG A PORTION OF THE NORTH PROPERTY LINE
WHERE FIFTEEN FEET IS REQUIRED AND TO ALLOW ZERO-FOOT WIDE LANDSCAPE BUFFERS ON
PORTIONS OF THE WEST AND EAST PROPERTY LINE WHERE EIGHT FEET IS REQUIRED on 0.54 acres at 903
and 907 West Adams Avenue and 906 West Washington Avenue (APNs 139-28-609-005, 006, and 013), R-1 (Single
Family Residential) Zone, Ward 5 (Barlow) [PRJ-64699]. Staff recommends APPROVAL.

15.

ZON-67385 - REZONING - PUBLIC HEARING - APPLICANT: SUNRISE CHILDREN'S FOUNDATION OWNER: CHURCH TRINITY LIFE CENTER - For possible action on a request for a Rezoning FROM: R-1
(SINGLE FAMILY RESIDENTIAL) AND C-1 (LIMITED COMMERCIAL) TO: C-V (CIVIC) on 3.09 acres located at
950 and 1000 East St. Louis Avenue (APN 162-03-801-003), Ward 3 (Coffin) [PRJ-67381]. Staff recommends
APPROVAL.

16.

VAR-67490 - VARIANCE - PUBLIC HEARING - APPLICANT: THUNDERBIRD HOTEL - OWNER: 1215 S


LAS VEGAS BLVD, LLC - For possible action on a request for a Variance TO ALLOW A 76 SQUARE-FOOT
PROJECTING SIGN WHERE 32 SQUARE FEET IS THE MAXIMUM ALLOWED AND TO ALLOW THE SIGN TO
BE FOUR FEET ABOVE THE RAFTER LINE WHERE ONE FOOT IS THE MAXIMUM ALLOWED on 1.72 acres at
1215 South Las Vegas Boulevard (APN 162-03-112-029), C-2 (General Commercial) and C-1 (Limited Commercial)
Zones, Ward 3 (Coffin) [PRJ-67404]. Staff recommends APPROVAL.

17.

WVR-67425 - WAIVER - PUBLIC HEARING - APPLICANT: NINETY FIVE MANAGEMENT, LLC - OWNER:
SECTION 12, LLC - For possible action on a request for a Waiver TO ALLOW AN 84-FOOT INTERNAL
INTERSECTION OFFSET WHERE 125 FEET IS THE MINIMUM REQUIRED on 22.60 acres at the northwest corner
of Grand Teton Drive and Skye Village Road (APN portion of 126-12-000-001), T-D (Traditional Development) Zone,
[ML (Residential Medium-Low) Skye Canyon Special Land Use Designation], Ward 6 (Ross) [PRJ-67365]. Staff
recommends APPROVAL.

18.

TMP-67366 - TENTATIVE MAP RELATED TO WVR-67425 - SKYE CANYON PARCEL 2.28 - PUBLIC
HEARING - APPLICANT: NINETY FIVE MANAGEMENT, LLC - OWNER: SECTION 12, LLC - For possible
action on a request for a Tentative Map FOR A 100-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION on 22.60
acres at the northwest corner of Grand Teton Drive and Skye Village Road (APN portion of 126-12-000-001), T-D
(Traditional Development) Zone, [ML (Residential Medium-Low) Skye Canyon Special Land Use Designation], Ward 6
(Ross) [PRJ-67365]. Staff recommends APPROVAL.

19.

SUP-67403 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: TRADER JOE'S COMPANY OWNER: KRG LAS VEGAS CENTENNIAL GATEWAY, LLC - For possible action on a request for a Special Use
Permit FOR A PROPOSED RETAIL ESTABLISHMENT WITH ACCESSORY PACKAGE LIQUOR OFF-SALE USE
WITHIN A PROPOSED 14,000 SQUARE-FOOT GENERAL RETAIL STORE at 5639 Centennial Center Boulevard
(APN 125-27-411-013), T-C (Town Center) Zone [SC-TC (Service Commercial - Town Center) Special Land Use
Designation], Ward 6 (Ross) [PRJ-67129]. Staff recommends APPROVAL.

20.

SUP-67440 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: ELKHORN HUALAPAI,


LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED AUTOMOBILE MAINTENANCE
USE (AUTO SMOG CHECK) at 7165 North Hualapai Way (APN 126-24-517-004), PD (Planned Development) Zone
[VC (Village Commercial) Cliff's Edge Special Land Use Designation], Ward 6 (Ross) [PRJ-67399]. Staff recommends
APPROVAL.

Planning Commission December 13, 2016 - Page 4

21.

SUP-67458 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: JOSEPH AND JODI
GARCIA - For possible action on a request for a Special Use Permit FOR A PROPOSED ACCESSORY STRUCTURE
(CLASS I) [CASITA] USE at 5921 Huff Mountain Avenue (APN 125-12-311-012), R-PD2 (Residential Planned
Development - 2 Units per Acre) Zone, Ward 6 (Ross) [PRJ-67315]. Staff recommends APPROVAL.

22.

SUP-67488 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: LUCKY DRAGON, LP For possible action on a request for a Special Use Permit FOR A PROPOSED 4,200 SQUARE-FOOT MASSAGE
ESTABLISHMENT WITHIN A GAMING ESTABLISHMENT, NON-RESTRICTED WITH A WAIVER TO ALLOW
A ZERO-FOOT DISTANCE SEPARATION FROM A RESIDENTIALLY ZONED PARCEL WHERE 400 FEET IS
THE MINIMUM DISTANCE REQUIRED at 300 West Sahara Avenue (APN 162-04-816-001), C-2 (General
Commercial) Zone, Ward 3 (Coffin) [PRJ-67446]. Staff recommends APPROVAL.

23.

SUP-67546 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: ROBERTA LYNN


MENAGH LIVING TRUST - For possible action on a request for a Special Use Permit FOR AN ACCESSORY
STRUCTURE (CLASS I) [CASITA] USE at 4107 Del Monte Avenue (APN 162-06-601-006), R-E (Residential Estates)
Zone, Ward 1 (Tarkanian) [PRJ-66891]. Staff recommends APPROVAL.

24.

SDR-67388 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING - APPLICANT/OWNER:


KHUSROW ROOHANI FAMILY TRUST - For possible action on a request for a Major Amendment to a previously
approved Site Development Plan Review (SDR-41886) FOR A PROPOSED 15,000 SQUARE-FOOT COMMERCIAL
RECREATION/AMUSEMENT (INDOOR) FACILITY AND A 4,800 SQUARE-FOOT RESTAURANT on 2.57 acres
on the west side of Rock Springs Drive, approximately 330 feet south of Lake Mead Boulevard (APN 138-22-714-004),
C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ-67387]. Staff recommends APPROVAL.

25.

VAC-67371 - VACATION - PUBLIC HEARING - APPLICANT/OWNER: PRE RANCHO JONES, LLC - For
possible action on a request for a Petition to Vacate a portion of Alexander Road east of Rancho Drive, Ward 5 (Barlow)
[PRJ-66718]. Staff recommends APPROVAL.

26.

VAC-67410 - VACATION - PUBLIC HEARING - APPLICANT/OWNER: TA LAS VEGAS 4760 EBR, LLC - For
possible action on a request for a Petition to Vacate the public drainage easement located on the northeast corner of
Bonanza Road and Marion Drive (APN 140-29-801-004), Ward 3 (Coffin) [PRJ-65891]. Staff recommends APPROVAL.

27.

VAC-67457 - VACATION - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS - For possible
action on a request for a Petition to Vacate portions of Commerce Street, Wyoming Avenue and Main Street adjacent to
Block 6 of Boulder Addition, Ward 3 (Coffin) [PRJ-67452]. Staff recommends APPROVAL.

PUBLIC HEARING ITEMS


28.

ABEYANCE - SDR-66170 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING - APPLICANT: NIM
MEISHAR - OWNER: B-Y LOMA VISTA, LLC - For possible action on a request for a Major Amendment to a
previously approved Plot Plan Review (Z-0102-73) FOR A WAIVER OF TITLE 19.08 LANDSCAPING IRRIGATION
REQUIREMENTS on 2.34 acres located at 4600 Meadows Lane (APN 139-31-110-002), C-1 (Limited Commercial)
Zone, Ward 1 (Tarkanian) [PRJ-65854]. Staff recommends DENIAL.

29.

ABEYANCE - VAR-66443 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: DEER SPRINGS


VILLAGE, LLC - For possible action on a request for a Variance TO ALLOW A 15-FOOT REAR YARD SETBACK
WHERE 20 FEET IS REQUIRED on 9.27 acres at the southeast corner of Deer Springs Way and Hualapai Way (APNs
125-19-301-001 and 002), C-1 (Limited Commercial) Zone, Ward 6 (Ross) [PRJ-66309]. Staff recommends DENIAL.

30.

ABEYANCE - SUP-66444 - SPECIAL USE PERMIT RELATED TO VAR-66443 - PUBLIC HEARING APPLICANT/OWNER: DEER SPRINGS VILLAGE, LLC - For possible action on a request for a Special Use Permit
FOR A CAR WASH, FULL SERVICE at the southeast corner of Deer Springs Way and Hualapai Way (APNs 125-19301-001 and 002), C-1 (Limited Commercial) Zone, Ward 6 (Ross) [PRJ-66309]. Staff recommends DENIAL.

31.

ABEYANCE - RENOTIFICATION - SUP-66445 - SPECIAL USE PERMIT RELATED TO VAR-66443 AND


SUP-66444 - PUBLIC HEARING - APPLICANT/OWNER: DEER SPRINGS VILLAGE, LLC - For possible action
on a request for a Special Use Permit FOR A 4,000 SQUARE-FOOT LIQUOR ESTABLISHMENT (TAVERN) WITH A
WAIVER TO ALLOW A 339-FOOT DISTANCE SEPARATION FROM A SCHOOL WHERE 1,500 FEET IS
REQUIRED at the southeast corner of Deer Springs Way and Hualapai Way (APNs 125-19-301-001 and 002), C-1
(Limited Commercial) Zone, Ward 6 (Ross) [PRJ-66309]. Staff recommends DENIAL.
Planning Commission December 13, 2016 - Page 5

32.

ABEYANCE - RENOTIFICATION - SUP-66446 - SPECIAL USE PERMIT RELATED TO VAR-66443, SUP66444 AND SUP-66445 - PUBLIC HEARING - APPLICANT/OWNER: DEER SPRINGS VILLAGE, LLC - For
possible action on a request for a Special Use Permit FOR A BEER/WINE/COOLER OFF-SALE ESTABLISHMENT
USE WITH A WAIVER TO ALLOW A 339-FOOT DISTANCE SEPARATION FROM A SCHOOL WHERE 400 FEET
IS REQUIRED at the southeast corner of Deer Springs Way and Hualapai Way (APNs 125-19-301-001 and 002), C-1
(Limited Commercial) Zone, Ward 6 (Ross) [PRJ-66309]. Staff recommends DENIAL.

33.

ABEYANCE - SDR-66447 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-66443, SUP-66444,


SUP-66445 AND SUP-66446 - PUBLIC HEARING - APPLICANT/OWNER: DEER SPRINGS VILLAGE, LLC For possible action on a request for a Site Development Plan Review FOR A PROPOSED 100,719 SQUARE-FOOT
SHOPPING CENTER WITH WAIVERS TO ALLOW BUILDINGS TO NOT BE ORIENTED TO THE CORNER AND
STREET FRONTAGE WHERE SUCH IS REQUIRED, TO ALLOW A FIVE-FOOT PERIMETER LANDSCAPE
BUFFER ALONG A PORTION OF THE SOUTH AND WEST PROPERTY LINES AND A TWO-FOOT PERIMETER
LANDSCAPE BUFFER ALONG A PORTION OF THE NORTH PROPERTY LINE WHERE 15 FEET IS REQUIRED,
TO ALLOW A ZERO-FOOT LANDSCAPE BUFFER ALONG THE EAST PROPERTY LINE WHERE EIGHT FEET
IS REQUIRED, AND TO ALLOW A CAR WASH BAY TO FACE PUBLIC RIGHT-OF-WAY WHERE SUCH IS NOT
ALLOWED on 9.27 acres at the southeast corner of Deer Springs Way and Hualapai Way (APNs 125-19-301-001 and
002), C-1 (Limited Commercial) Zone, Ward 6 (Ross) [PRJ-66309]. Staff recommends DENIAL.

34.

ABEYANCE - VAR-66657 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: REGELIO CRUZ - For


possible action on a request for a Variance TO ALLOW 11 PARKING SPACES WHERE 22 PARKING SPACES ARE
REQUIRED on 0.50 acres at 3808 Melody Lane (APN 139-19-704-011), C-2 (General Commercial) Zone, Ward 5
(Barlow) [PRJ-66212]. Staff recommends DENIAL.

35.

ABEYANCE - SDR-66658 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-66657 - PUBLIC


HEARING - APPLICANT/OWNER: REGELIO CRUZ - For possible action on a request for a Site Development Plan
Review FOR A PROPOSED 6,604 SQUARE-FOOT BUILDING MAINTENANCE SERVICE AND SALES
BUILDING, WITH WAIVERS OF THE PERIMETER LANDSCAPE BUFFERS TO ALLOW 10 FEET ALONG THE
EAST PROPERTY LINE WHERE 15 FEET IS REQUIRED AND TO ALLOW ZERO FEET ALONG A PORTION OF
THE NORTH AND WEST PROPERTY LINES WHERE EIGHT FEET IS REQUIRED on 0.50 acres at 3808 Melody
Lane (APN 139-19-704-011), C-2 (General Commercial) Zone, Ward 5 (Barlow) [PRJ-66212]. Staff recommends
DENIAL.

36.

ABEYANCE - VAR-66689 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: WINOGRAD YUDKA For possible action on a request for a Variance TO ALLOW A THREE-FOOT SIDE YARD SETBACK WHERE FIVE
FEET IS REQUIRED FOR A PROPOSED HOME ADDITION on 0.17 acres located at 4609 Del Monte Avenue (APN
162-06-213-011), R-1 (Single Family Residential) Zone, Ward 1 (Tarkanian) [PRJ-66548]. Staff recommends DENIAL.

37.

ABEYANCE - SUP-66806 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/ OWNER: ZEUS1
INVESTMENTS, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED SHORT-TERM
RESIDENTIAL RENTAL USE WITH A WAIVER TO ALLOW A 241-FOOT DISTANCE SEPARATION FROM A
SIMILAR USE WHERE 660 FEET IS REQUIRED at 1612 South 6th Street (APN 162-03-213-001), R-1 (Single Family
Residential) Zone, Ward 3 (Coffin) [PRJ-66759]. Staff recommends DENIAL.

38.

VAR-67706 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: 7470, LLC - For possible action on a
request for a Variance TO ALLOW A 35-FOOT RESIDENTIAL ADJACENCY SETBACK ALONG THE NORTH
PROPERTY LINE WHERE 51 FEET IS REQUIRED on 5.30 acres at the northeast corner of Deer Springs Way and
Hualapai Way (APN 125-19-202-006), C-1 (Limited Commercial) Zone, Ward 6 (Ross) [PRJ-67402]. Staff recommends
DENIAL.

39.

SUP-67486 - SPECIAL USE PERMIT RELATED TO VAR-67706 - PUBLIC HEARING - APPLICANT/OWNER:


7470, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED CAR WASH, FULL
SERVICE OR AUTO DETAILING at the northeast corner of Deer Springs Way and Hualapai Way (APN 125-19-202006), C-1 (Limited Commercial) Zone, Ward 6 (Ross) [PRJ-67402]. Staff recommends DENIAL.

40.

SUP-67487 - SPECIAL USE PERMIT RELATED TO VAR-67706 AND SUP-67486 - PUBLIC HEARING APPLICANT/OWNER: 7470, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED
MINI-STORAGE FACILITY at the northeast corner of Deer Springs Way and Hualapai Way (APN 125-19-202-006), C1 (Limited Commercial) Zone, Ward 6 (Ross) [PRJ-67402]. Staff recommends DENIAL.
Planning Commission December 13, 2016 - Page 6

41.

VAC-67470 - VACATION RELATED TO VAR-67706, SUP-67486 AND SUP-67487 - PUBLIC HEARING APPLICANT/ OWNER: 7470, LLC - For possible action on a request for a Petition to Vacate U.S. Government Patent
Easements on property located at the northeast corner of Hualapai Way and Deer Springs Way (APN 125-19-202-006),
Ward 6 (Ross) [PRJ-67468]. Staff recommends DENIAL.

42.

SDR-67484 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-67706, SUP-67486, SUP-67487 AND
VAC-67470 - PUBLIC HEARING - APPLICANT/OWNER: 7470, LLC - For possible action on a request for a Site
Development Plan Review FOR A PROPOSED 3,868 SQUARE-FOOT GENERAL RETAIL STORE, OTHER THAN
LISTED [CONVENIENCE STORE] WITH FUEL PUMPS AND A 4,212 SQUARE-FOOT CANOPY; A 1,112
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 SQUARE-FOOT RESTAURANT WITH DRIVE-THROUGH; A 2,061
SQUARE-FOOT RESTAURANT WITH DRIVE THROUGH; AND A 699-UNIT, 93,876 SQUARE-FOOT MINISTORAGE FACILITY WITH A WAIVER TO NOT ORIENT THE BUILDINGS TO THE CORNER AND STREET
FRONTS WHERE SUCH IS REQUIRED; AND A WAIVER TO ALLOW A 10-FOOT LANDSCAPE BUFFER
ALONG THE SOUTH AND WEST PERIMETER WHERE 15 FEET IS REQUIRED on 5.30 acres at the northeast
corner of Deer Springs Way and Hualapai Way (APN 125-19-202-006), C-1 (Limited Commercial) Zone, Ward 6 (Ross)
[PRJ-67402]. Staff recommends DENIAL.

43.

TMP-67469 - TENTATIVE MAP RELATED TO VAR-67706, SUP-67486, SUP-67487, VAC-67470 AND SDR67484 - DEER SPRINGS AND HUALAPAI - PUBLIC HEARING - APPLICANT/ OWNER: 7470, LLC - For
possible action on a request for a Tentative Map FOR A PROPOSED ONE-LOT COMMERCIAL SUBDIVISION on
5.49 acres at the northeast corner of Hualapai Way and Deer Springs Way (APN 125-19-202-006) C-1 (Limited
Commercial) Zone, Ward 6 (Ross) [PRJ-67468]. Staff recommends DENIAL.

44.

VAR-67735 - VARIANCE - PUBLIC HEARING - APPLICANT: NEVADA H&C DISTILLERY - OWNER: CITY
PARKWAY V, INC - For possible action on a request for a Variance TO ALLOW AN UNPAVED PARKING LOT
WHERE A PAVED PARKING LOT IS REQUIRED on 3.11 acres at the terminus of Mesquite Avenue, approximately
880 feet east of City Parkway (APN 139-27-401-035), M (Industrial) Zone, Ward 5 (Barlow) [PRJ-67417]. Staff
recommends DENIAL.

45.

SDR-67419 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-67735 - PUBLIC HEARING APPLICANT: NEVADA H&C DISTILLERY - OWNER: CITY PARKWAY V, INC - For possible action on a
request for a Site Development Plan Review FOR A PROPOSED 4,650 SQUARE-FOOT WAREHOUSE BUILDING, A
5,100 SQUARE-FOOT MANUFACTURING (HEAVY) AND OFFICE BUILDING, AN 8,500 SQUARE-FOOT
MANUFACTURING (HEAVY), OFFICE, AND RETAIL BUILDING, A 1,200 SQUARE-FOOT STORAGE
BUILDING, AND A 3,200 SQUARE-FOOT BANQUET FACILITY WITH AN ANCILLARY CONCERT STAGE
WITH WAIVERS OF PERIMETER LANDSCAPE BUFFER REQUIREMENTS TO ALLOW A ZERO-FOOT WIDE
LANDSCAPE BUFFER ALONG PORTIONS OF THE NORTH AND SOUTH PROPERTY LINES WHERE EIGHT
FEET IS THE MINIMUM REQUIRED on 3.11 acres at the terminus of Mesquite Avenue, approximately 880 feet east of
City Parkway (APN 139-27-401-035), M (Industrial) Zone, Ward 5 (Barlow) [PRJ-67417]. Staff recommends DENIAL.

46.

VAR-66897 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: ERIKA ACOSTA - For possible action
on a request for a Variance TO ALLOW A FIVE-FOOT SIDE AND REAR YARD SETBACK WHERE 10 FEET IS
REQUIRED FOR A PROPOSED ACCESSORY STRUCTURE (CLASS II) [CASITA] on 0.50 acres located at 7055 Del
Rey Avenue (APN 163-03-603-001), R-E (Residence Estates) Zone, Ward 1 (Tarkanian) [PRJ-65226]. Staff recommends
DENIAL.

47.

VAR-66964 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: WHETTEN TRUST - For possible


action on a request for a Variance TO ALLOW A FIVE-FOOT SIDE YARD SETBACK WHERE 10 FEET IS
REQUIRED FOR A PROPOSED EXPANSION OF AN EXISTING ACCESSORY STRUCTURE (CLASS II)
[GARAGE] on 0.52 acre at 1830 Terra Vista Way (APN 163-03-304-003), R-E (Residence Estates) Zone, Ward 1
(Tarkanian) [PRJ-64659]. Staff recommends DENIAL.

48.

VAR-67420- VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: EMILIO SOTO-VELAZQUEZ - For


possible action on a request for a Variance TO ALLOW A TWO-FOOT SIDE YARD SETBACK WHERE 10 FEET IS
REQUIRED FOR TWO EXISTING ACCESSORY STRUCTURES (CLASS II) [SHED AND GARAGE] AND TO
ALLOW A FIVE-FOOT DISTANCE SEPARATION BETWEEN AN ACCESSORY STRUCTURE (CLASS II)
[GARAGE] AND PRIMARY DWELLING WHERE SIX FEET IS REQUIRED on 0.26 acres at 3725 Glen Ridge Way
(APN 138-11-610-018), R-D (Single Family Residential-Restricted) Zone, Ward 5 (Barlow) [PRJ-66340]. Staff
recommends DENIAL.
Planning Commission December 13, 2016 - Page 7

49.

VAR-67451 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: JOHN LEE AND DUREL FAMILY
TRUST - For possible action on a request for a Variance TO ALLOW A FIVE-FOOT REAR YARD SETBACK
WHERE 10 FEET IS REQUIRED AND A FIVE-FOOT DISTANCE SEPARATION FROM THE PRINCIPAL
DWELLING WHERE SIX FEET IS REQUIRED FOR A PROPOSED ACCESSORY STRUCTURE (CLASS II)
[DETACHED PATIO COVER] on 0.62 acres located at 5854 Del Rey Avenue (APN 163-01-102-029), U (Undeveloped)
Zone [L (Low Density Residential) General Plan Designation], Ward 1 (Tarkanian) [PRJ-67438]. Staff recommends
DENIAL.

50.

WVR-67370 - WAIVER - PUBLIC HEARING - APPLICANT/OWNER: PRE RANCHO JONES, LLC - For
possible action on a request for a Waiver TO ALLOW NO STREETLIGHTS ALONG LEON AVENUE on 17.08 acres at
the northwest corner of Alexander Road and Leon Avenue (APN 138-01-401-003), Ward 5 (Barlow) [PRJ-66718]. Staff
recommends DENIAL.

51.

SUP-67136 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: AVRIO PROPERTIES, INC OWNER: 824 SOUTH DECATUR, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED HOTEL RESIDENCE at 824 South Decatur Boulevard (APNs 138-36-802-004 and 005), C-2 (General
Commercial) Zone, Ward 1 (Tarkanian) [PRJ-67134]. Staff recommends APPROVAL.

52.

SDR-67137 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-67136 - PUBLIC HEARING APPLICANT: AVRIO PROPERTIES, INC - OWNER: 824 SOUTH DECATUR, LLC - For possible action on a
request for a Site Development Plan Review FOR A PROPOSED FOUR STORY, 140-UNIT HOTEL RESIDENCE USE
WITH A WAIVER OF PERIMETER LANDSCAPE REQUIREMENTS ON A PORTION OF THE NORTH AND
SOUTH PROPERTY LINES on 1.90 acres at 824 South Decatur Boulevard (APNs 138-36-802-004 and 005), C-2
(General Commercial) Zone, Ward 1 (Tarkanian) [PRJ-67134]. Staff recommends APPROVAL.

53.

SUP-67464 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: GOLDEN GATE CASINO, LLC OWNER: SAL SAGEV HOTEL CO INC. - For possible action on a request for a Special Use Permit FOR A
PROPOSED 1,073 SQUARE-FOOT EXPANSION TO AN EXISTING NONCONFORMING GAMING
ESTABLISHMENT, NON-RESTRICTED USE at 1 Fremont Street (APN 139-34-101-012), C-2 (General Commercial)
Zone, Ward 3 (Coffin) [PRJ-67301]. Staff recommends APPROVAL.

54.

SUP-67465 - SPECIAL USE PERMIT RELATED TO SUP-67464 - PUBLIC HEARING - APPLICANT:


GOLDEN GATE CASINO, LLC - OWNER: HAROLD J AND MAYME STOCKER TRUST - For possible action
on a request for a Special Use Permit FOR A PROPOSED 1,168 SQUARE-FOOT EXPANSION TO AN EXISTING
NONCONFORMING GAMING ESTABLISHMENT, NON-RESTRICTED USE at 15 Fremont Street (APN 139-34-111035), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-67301]. Staff recommends APPROVAL.

55.

SDR-67466 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-67464 AND SUP-67465 - PUBLIC
HEARING - APPLICANT: GOLDEN GATE CASINO, LLC - OWNER: SAL SAGEV HOTEL CO INC. AND
HAROLD J AND MAYME STOCKER TRUST - For possible action on a request for a Site Development Plan Review
FOR A 5,200 SQUARE-FOOT EXPANSION OF AN EXISTING HOTEL/CASINO on 1.36 acres at 1 and 15 Fremont
Street (APNs 139-34-101-012 and 139-34-111-035), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-67301].
Staff recommends APPROVAL.

56.

SUP-67039 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: 4461 DECATUR, LLC For possible action on a request for a Special Use Permit FOR A PROPOSED AUTO REPAIR GARAGE, MINOR at
4461 North Decatur Boulevard, Suites #110 and #120 (APN 138-01-619-010), C-1 (Limited Commercial) Zone, Ward 4
(Anthony) [PRJ-67009]. Staff recommends DENIAL.

57.

SDR-67705 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-67039 - PUBLIC HEARING APPLICANT/OWNER: 4461 DECATUR, LLC - For possible action on a request for a Major Amendment to a
previously approved Site Development Plan Review (SDR-4882) TO ALLOW A 4,144 SQUARE FOOT AUTO REPAIR
GARAGE, MINOR WITH A WAIVER TO ALLOW SERVICE BAYS FACING A PUBLIC RIGHT-OF-WAY on 0.48
acres at 4461 North Decatur Boulevard, Suites #110 and #120 (APN 138-01-619-010), C-1 (Limited Commercial) Zone,
Ward 4 (Anthony) [PRJ-67009]. Staff recommends DENIAL.

Planning Commission December 13, 2016 - Page 8

58.

SUP-67292 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: SHAW AND ASSOCIATES, PLC OWNER: FARM ROAD RETAIL, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED 76-FOOT TALL WIRELESS COMMUNICATION FACILITY, STEALTH DESIGN (MONOPALM)
WITH A WAIVER TO ALLOW A 249-FOOT DISTANCE SEPARATION FROM A SINGLE FAMILY DETACHED
DWELLING WHERE 330 FEET IS THE MINIMUM SEPARATION REQUIRED at 8414 Farm Road (APN 125-17610-008), T-C (Town Center) Zone [SC-TC (Service Commercial - Town Center) Special Land Use Designation], Ward 6
(Ross) [PRJ-67180]. Staff recommends DENIAL.

59.

SUP-67447 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: VERIZON WIRELESS, ET AL OWNER: ROCKSPRINGS RETAIL INVESTORS, LLC - For possible action on a request for a Special Use Permit
FOR A PROPOSED 80-FOOT TALL WIRELESS COMMUNICATION FACILITY, STEALTH DESIGN (CLOCK
TOWER) at the southwest corner of Lake Mead Boulevard and Rock Springs Drive (APN 138-22-701-007), C-1 (Limited
Commercial) Zone, Ward 1 (Tarkanian) [PRJ-66664]. Staff recommends DENIAL.

60.

SUP-67474 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: THE SILVIA BRUNN
FAMILY TRUST - For possible action on a request for a Special Use Permit FOR A PROPOSED BED & BREAKFAST
INN USE WITH A WAIVER TO ALLOW ONE GUESTROOM WHERE TWO IS THE MINIMUM REQUIRED at
2508 Callita Court (APN 162-05-715-019), R-1 (Single Family Residential) Zone, Ward 1 (Tarkanian) [PRJ-67441]. Staff
recommends DENIAL.

61.

SUP-67489 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: HARRISON


PROPERTIES, LTD - For possible action on a request for a Special Use Permit TO ALLOW AN AUTOMOBILE
RENTAL USE at 725 South Las Vegas Boulevard, Suite #260 (APN 139-34-401-020), C-2 (General Commercial) Zone,
Ward 3 (Coffin) [PRJ-67423]. Staff recommends DENIAL.

DIRECTOR'S BUSINESS:
62.

DIR-67375 - DIRECTOR'S BUSINESS - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS For discussion and possible action on a request for the Election of the 2017 Planning Commission Officers. Staff has NO
RECOMMENDATION.

63.

DIR-67582 - DIRECTOR'S BUSINESS - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS For discussion and possible action on a presentation of the Rainbow Boulevard North Corridor Plan, Wards 4 (Anthony)
and 6 (Ross). Staff recommends APPROVAL.

CITIZENS PARTICIPATION:
64.

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

Planning Commission December 13, 2016 - Page 9

Agenda Item No.: 1.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
SUBJECT:
CALL TO ORDER

Agenda Item No.: 2.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
SUBJECT:
ANNOUNCEMENT: COMPLIANCE WITH OPEN MEETING LAW

Agenda Item No.: 3.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
SUBJECT:
ROLL CALL

Agenda Item No.: 4.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
SUBJECT:
PUBLIC COMMENT DURING THIS PORTION OF THE AGENDA MUST BE LIMITED TO
MATTERS ON THE AGENDA FOR ACTION. IF YOU WISH TO BE HEARD, COME TO
THE PODIUM AND GIVE YOUR NAME FOR THE RECORD. THE AMOUNT OF
DISCUSSION, AS WELL AS THE AMOUNT OF TIME ANY SINGLE SPEAKER IS
ALLOWED, MAY BE LIMITED

Agenda Item No.: 5.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
SUBJECT:
FOR POSSIBLE ACTION TO APPROVE THE FINAL MINUTES FOR THE PLANNING
COMMISSION MEETING OF OCTOBER 11, 2016, THE SPECIAL PLANNING
COMMISSION MEETING OF OCTOBER 18, 2016 AND THE PLANNING COMMISSION
MEETING OF NOVEMBER 1, 2016.

Agenda Item No.: 6.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
FOR POSSIBLE ACTION - Any items from the Planning Commission, staff and/or the
applicant wish to be stricken or held in abeyance to a future meeting may be brought forward and
acted upon at this time.

Agenda Item No.: 7.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
EOT-67225 - EXTENSION OF TIME - VARIANCE - APPLICANT: PRAYER
MOUNTAIN/INTERNATIONAL CHURCH OF LAS VEGAS - OWNER: INTERNATIONAL
CHURCH OF LAS VEGAS, INC., ET AL - For possible action on a request for an Extension of
Time of an approved Variance (VAR-55721) TO ALLOW 119 PARKING SPACES WHERE
338 SPACES ARE REQUIRED on a portion of 4.99 acres generally located at the southwest
corner of Cliff Shadows Parkway and Clark County 215 (APN 137-12-401-011), PD (Planned
Development) Zone, Ward 4 (Anthony) [PRJ-66961]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
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 - EOT-67225 and EOT-67226 [PRJ-66961]
3. Supporting Documentation - EOT-67225 and EOT-67226 [PRJ-66961]
4. Photo(s) - EOT-67225 and EOT-67226 [PRJ-66961]
5. Justification Letter - EOT-67225 and EOT-67226 [PRJ-66961]
6. Action Letter for VAR-55721 [PRJ-55315]

EOT-67225 and EOT-67226 [PRJ-66961]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION:
APPLICANT: PRAYER MOUNTAIN/ INTERNATIONAL
CHURCH OF LAS VEGAS - OWNER: INTERNATIONAL CHURCH OF LAS VEGAS,
INC., ET AL

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

EOT-67225
EOT-67226

Staff recommends APPROVAL, subject to conditions:


Staff recommends APPROVAL, subject to conditions:

EOT-67227

Staff recommends APPROVAL, subject to conditions:

REQUIRED FOR
APPROVAL
EOT-67225
EOT-67225
EOT-67226

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

N/A

APPROVALS

PROTESTS

29

SS

EOT-67225 and EOT-67226 [PRJ-66961]


Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

EOT-67225 CONDITIONS
Planning
1.

This approval shall expire 10/14/2018 unless another extension of time is approved
by the City Council.

2.

Conformance to the approved conditions for Site Development Plan Review (SDR55723).

3.

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

EOT-67226 CONDITIONS
Planning
1.

This approval shall expire 10/14/2018 unless another extension of time is approved
by the City Council.

2.

Conformance to the approved conditions for Site Development Plan Review (SDR55723).

3.

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

SS

EOT-67225 and EOT-67226 [PRJ-66961]


Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting Extensions of Time for an approved Variance (VAR-55721)
to allow 119 onsite parking spaces where 338 spaces are required and an approved
Site Development Plan Review (SDR-55723) for a proposed 66,192 square-foot
Church/House of Worship and ancillary school on 5.07 acres generally located at the
southwest corner of Cliff Shadows Parkway and Clark County 215. The approved Site
Development Plan Review includes waivers of perimeter wall height and landscape
buffers.

ANALYSIS
This is the first Extension of Time request for the approved Variance (VAR-55721) and
Site Development Plan Review (SDR-55723). A related Extension of Time of an
approved Petition to Vacate (VAC-55722) U.S. Government Patent Easements in
conflict with the church development was reviewed administratively by Department of
Planning staff. The original entitlements for the church expired in 2014 and were then
reinstated as a new submittal later that year. There have been no permits issued and
no development activity on this site; however, construction work has begun on
Reverence Parkway (formerly Desert Hope Drive) to the south in conjunction with the
Reverence master planned development in Summerlin. According to the applicant,
engineering for Reverence Parkway adjacent to the church development could not
resume until the Reverence master planned development commenced, which delayed
progress on design and financial planning for this project. In addition to the new road, a
new commercial building is planned to the north of the church site, and a four-story, 42unit multi-family condominium development is proposed north of the equestrian
trailhead. These areas of infill development will have some impact to traffic in the area
but the Church/House of Worship will remain compatible with the other uses in the
surrounding area.
Because the overall site is an amalgamation of parcels administered by different entities
and some areas of the site are unusable, not all of the church parking was proposed on
parcels owned by the applicant. Nearly all of the required parking will still be provided
on the overall site.

SS

EOT-67225 and EOT-67226 [PRJ-66961]


Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

FINDINGS (EOT-67225)
None of the developmental changes in the area impact the provision of parking for the
church development. Therefore, staff recommends approval of the requested Extension
of Time with conditions.

FINDINGS (EOT-67226)
One new commercial building has been approved north of the church site across Cliff
Shadows parkway and a multi-family residential (condominium) development has been
proposed north of the equestrian trailhead. These developments do not directly affect
the compatibility of the Church/House of Worship use in relation to the surrounding
area. Staff therefore recommends approval of the requested Extension of Time with
conditions.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a Rezoning (ZON-3209) from U
(Undeveloped) [PCD (Planned Community Development) General
Plan Amendment] to PD (Planned Development) on 5.00 acres on the
south side of Cliff Shadows Parkway, approximately 375 feet west of
Clark County 215.
The Planning Commission had no
recommendation; staff recommended approval.
12/17/03
The City Council approved a Major Modification (MOD-3206) of the
Lone Mountain West Master Plan to add approximately 5.00 acres to
the Plan area and to allow churches within all residential land use
designations with approval of a Special Use Permit, on the south side
of Cliff Shadows Parkway, approximately 375 feet west of Clark
County 215. The Planning Commission and staff recommended
approval.
The City Council approved a Disposition and Development Agreement
to allow the International Church of Las Vegas to develop portions of
01/09/08
APNs 127-12-401-011 and 040 and to share the use of these areas for
purposes of overflow parking and recreation.
Department of Planning staff approved a Hillside Development Plan
Review (HIL-30765) pursuant to Title 19.06.170 (now UDC 19.10.140)
10/01/08
for a proposed five-story, 89,550 square-foot Church/House of
Worship on 5.07 acres at the southwest corner of Cliff Shadows
Parkway and Clark County 215.

SS

EOT-67225 and EOT-67226 [PRJ-66961]


Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

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


At the applicants request, the City Council tabled a request for a
Rezoning (ZON-31062) from U (Undeveloped) [PCD (Planned
Community Development) General Plan Designation] to PD (Planned
Development) on 0.08 acres at the southwest corner of Cliff Shadows
Parkway and Novat Street. The Planning Commission and staff
recommended approval.
At the applicants request, the City Council tabled a request for a Major
Modification (MOD-30617) of the Lone Mountain West Master Land
Use Plan to amend the land use designation from L (Low Density
Residential) and P (Park/School/Recreation/Open Space) to PF
(Public Facilities) on 5.07 acres approximately 660 feet east of the
southwest corner of Cliff Shadows Parkway and Clark County 215.
The Planning Commission and staff recommended approval.
04/01/09
At the applicants request, the City Council tabled a request for a
Variance (VAR-30620) to allow an 85-foot tall building where two
stories or 35 feet is allowed and to allow a site disturbance of 3.78
acres where 3.56 acres is allowed on 4.99 acres approximately 660
feet east of the southwest corner of Cliff Shadows Parkway and Clark
County 215. The Planning Commission recommended approval; staff
recommended denial.
At the applicants request, the City Council tabled a request for a
Variance (VAR-31394) to allow 175 parking spaces where 375 spaces
are required on 4.99 acres approximately 660 feet east of the
southwest corner of Cliff Shadows Parkway and Clark County 215.
The
Planning
Commission
recommended
approval;
staff
recommended denial.
At the applicants request, the City Council tabled a request for a
Petition to Vacate (VAC-30622) U.S. Government Patent Easements
generally located 63 feet southwest of the intersection of Cliff Shadows
Parkway and Novat Street. The Planning Commission and staff
recommended approval.
At the applicants request, the City Council tabled a request for a Site
04/01/09
Development Plan Review (SDR-30614) for a proposed five-story,
89,550 square-foot Church/House of Worship with waivers of the Lone
Mountain West Wall and Landscape Standards on 9.12 acres at the
southwest corner of Cliff Shadows Parkway and Clark County 215.
The
Planning
Commission
recommended
approval;
staff
recommended denial.

SS

EOT-67225 and EOT-67226 [PRJ-66961]


Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

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


The City Council approved a Major Modification (MOD-30617) of the
Lone Mountain West Master Land Use Plan to amend the land use
designation
from
L
(Low
Density
Residential)
and
P
(Park/School/Recreation/Open Space) to PF (Public Facilities) on 5.07
acres approximately 660 feet east of the southwest corner of Cliff
Shadows Parkway and Clark County 215. The Planning Commission
and staff recommended approval. [APNs 137-12-401-011 and 137-12410-003]
The City Council approved a Rezoning (ZON-31062) from U
(Undeveloped) [PCD (Planned Community Development) General
Plan Designation] to PD (Planned Development) on 0.08 acres at the
southwest corner of Cliff Shadows Parkway and Novat Street. The
Planning Commission and staff recommended approval. [APN 137-12410-003]
The City Council approved a Petition to Vacate (VAC-30622) U.S.
Government Patent Easements generally located approximately 63
feet southwest of the intersection of Cliff Shadows Parkway and Novat
07/07/10
Street. The Planning Commission and staff recommended approval.
The approval expired 07/07/14.
The City Council approved a Variance (VAR-37943) to allow 119
parking spaces where 338 are required on 4.99 acres at the southwest
corner of Cliff Shadows Parkway and Clark County 215. The Planning
Commission and staff recommended approval. [APN 137-12-401-011].
The approval expired 07/07/14.
The City Council approved a Site Development Plan Review (SDR37942) for a proposed two-story, 35-foot high, 66,192 square-foot
Church/House of Worship and related school with waivers of the Lone
Mountain West Wall and Landscape Standards to allow retaining walls
up to 16 feet in height and zero-foot landscape buffers along portions
of the north, south, east and west perimeters on 9.12 acres at the
southwest corner of Cliff Shadows Parkway and Clark County 215.
The Planning Commission and staff recommended approval. [APNs
137-12-401-001, 011, 040 and 137-12-410-003].
The approval
expired 07/07/14.
The Planning Commission approved the reinstatement (VAR-55721) of
a previously approved Variance to allow 119 parking spaces where
10/14/14
338 spaces are required on a portion of 4.99 acres generally located at
the southwest corner of Cliff Shadows Parkway and Clark County 215.
Staff recommended approval.

SS

EOT-67225 and EOT-67226 [PRJ-66961]


Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

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


The Planning Commission approved the reinstatement (VAC-55722) of
a previously approved Petition to Vacate U.S. Government Patent
Easements generally located at the southwest of the intersection of
Cliff Shadows Parkway and Novat Street.
Staff recommended
approval.
The Planning Commission approved the reinstatement (SDR-55723)
of a previously approved Site Development Plan Review for a
proposed two-story, 35-foot tall, 66,192 square-foot Church/House of
Worship and School with Waivers of the Lone Mountain West Wall and
Landscape Standards to allow retaining walls up to 16 feet in height
where three-foot, six-inch walls are required and zero-foot landscape
buffers along portions of the north, south, east and west perimeters
where seven feet is required on a portion of 9.12 acres at the
southwest corner of Cliff Shadows Parkway and Clark County 215.
Staff recommended approval.
Department of Planning staff administratively approved an Extension
of Time (EOT-61673) of an approved Petition to Vacate (VAC-55722)
10/26/15
U.S. Government Patent Easements generally located at the
southwest of the intersection of Cliff Shadows Parkway and Novat
Street.
Department of Planning staff administratively approved an Extension
of Time (EOT-67227) of an approved Petition to Vacate (VAC-55722)
11/16/16
U.S. Government Patent Easements generally located at the
southwest of the intersection of Cliff Shadows Parkway and Novat
Street.
Most Recent Change of Ownership
A deed was recorded for a change in ownership on APNs 137-12-401011 and 137-12-410-003. The remaining parcels are owned by the
12/21/12
United States of America, managed by the Bureau of Land
Management and leased to the city of Las Vegas.
Related Building Permits/Business Licenses
There are no related building permits or business licenses associated with the site.
Pre-Application Meeting
A pre-application meeting is not required for this application; however,
09/27/16
staff met with the applicant to verify submittal requirements with the
applicant.

SS

EOT-67225 and EOT-67226 [PRJ-66961]


Staff Report Page Six
December 13, 2016 - Planning Commission Meeting

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

Field Check
11/03/16

The site is undeveloped and is situated at the base of a steep hillside.


Construction is underway to the southeast on Reverence Parkway.

Details of Application Request


Site Area
Gross Acres 9.12 (including federal land)
Net Acres
5.07 (applicant owned parcels)

Surrounding
Property

Subject
Property

North

Existing Land
Use Per Title
19.12

Undeveloped

Public Park
(Equestrian
Trailhead)
Financial
Institution, General
with Drive Through
Service Station
and Auto Repair
Garage, Minor

South

Undeveloped

East

CC 215 ROW

West

Undeveloped

Planned or Special
Land Use
Designation

Existing Zoning
District

PF (Public Facilities)

PD (Planned
Development)

OS-R (Open
Space/Recreation)
Lone Mountain West
OS-R (Open
Space/Recreation)
Lone Mountain West
VC (Village
Commercial) Lone
Mountain
COS (Community
Open Space) Summerlin
Right-of-Way
L (Low Density
Residential) Lone
Mountain West

C-V (Civic)

C-V (Civic)

PD (Planned
Development)

P-C (Planned
Community)
Right-of-Way
U (Undeveloped)

SS

EOT-67225 and EOT-67226 [PRJ-66961]


Staff Report Page Seven
December 13, 2016 - Planning Commission Meeting

Master Plan Areas


Lone Mountain West
Special Purpose and Overlay Districts
C-V (Civic) District
PD (Planned Development) District
Hillside Development Area
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification
Assessment)
Project of Regional Significance

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

DEVELOPMENT STANDARDS
All development within the Lone Mountain West Master Plan area is subject to the
requirements of the Lone Mountain West Master Plan. The Lone Mountain West
Master Plan does not establish design standards for buildings located within the PF
(Public Facilities) land use designation; therefore, the development standards for this
development shall use the following criteria: the development standards shall be
established by the PF (Public Facilities) Lone Mountain West Special Land Use
Designation and any corresponding Site Development Plan Review approval under Title
19.16.100.
The site also falls within the Hillside Development Overlay District, which is subject to
the regulations contained in Title 19.10.140. The standards shall be designed to ensure
compatibility of the development with existing and planned development in the
surrounding area.
Pursuant to the above, the proposed landscaping, parking, setbacks, and
maximum building heights for this project are defined below. Any future
development will require review for determination of appropriate development
standards.
Standard
Provided
Compliance
Building Floor Area
66.192 SF
Y
Min. Setbacks
Front
263 Feet
Y
Side
40 Feet
Y
Corner
N/A
N/A
Rear
203 Feet
Y

SS

EOT-67225 and EOT-67226 [PRJ-66961]


Staff Report Page Eight
December 13, 2016 - Planning Commission Meeting

Standard
Max. Lot Coverage
Max. Building Height
Site Disturbance
Trash Enclosure
Mech. Equipment

Provided
19 %
2 Stories/35 Feet
3.43 acres
Walled, Gated, Roofed
Parapet Screened

Compliance
Y
Y
Y
Y
Y

Pursuant to Title 19.10.140 Hillside Development Overlay District Standards, the


following site disturbance standards apply:
Slope
Site Area
Maximum Disturbance
Proposed
Compliance
Allowed
Disturbance
0-15%
2.70 acres
100%
2.70 acres
15-25%
0.43 acres
50%
0.21 acres
25% and
1.86 acres
35%
0.65 acres
greater
Total
4.99 acres
3.56 acres
3.43 acres
Y
Parcel Area
Pursuant to Title 19.12 and the Lone Mountain West Master Development Plan
and Design Standards, the following standards apply:
Landscaping and Open Space Standards
Required
Standards
Provided
Compliance
Ratio
Trees
Buffer Trees
(West):
North
1 Tree / 20 Linear Feet
21 Trees
27 Trees
Y
South
1 Tree / 30 Linear Feet
13 Trees
0 Trees
N
East
1 Tree / 20 Linear Feet
26 Trees
26 Trees
Y
West
1 Tree / 30 Linear Feet
23 Trees
11 Trees
N
Buffer Trees
(East):
North
1 Tree / 20 Linear Feet
8 Trees
8 Trees
Y
South
1 Tree / 30 Linear Feet
3 Trees
4 Trees
Y
East
1 Tree / 30 Linear Feet
25 Trees
26 Trees
Y
1 Tree / 20 Linear Feet
16 Trees
32 Trees
Y
West
TOTAL PERIMETER TREES
135 Trees
134 Trees
N
1 Tree / 6 Uncovered
Parking Area
Spaces, plus 1 tree at
87 Trees
78 Trees
N
Trees
the end of each row of
spaces

SS

EOT-67225 and EOT-67226 [PRJ-66961]


Staff Report Page Nine
December 13, 2016 - Planning Commission Meeting

LANDSCAPE BUFFER WIDTHS


Min. Zone Width
North
South
East
West

7 Feet
7 Feet
7 Feet
7 Feet

0 Feet
0 Feet
0 Feet
0 Feet

N
N
N
N

Street Name

Functional
Classification
of Street(s)

Governing
Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Cliff Shadows
Parkway

Major Collector

Master Plan of
Streets and
Highways Map

100

N/A

Civil Improvement
Drawing Set
(#107Y4950)

90

N/A

Reverence
Parkway
(formerly Desert
Hope Drive)

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Use

Gross Floor
Area or
Number of
Units

Church/
House of
Worship

1,350-seat
gathering
room

Required
Parking
Parking
HandiRatio
Regular
capped

1 space
per 4
seats in
gathering
room

TOTAL SPACES REQUIRED


Regular and Handicap Spaces Required

Compliance

338

338
330

Percent Deviation
*Approved through VAR-55721

Waivers
Requirement
Max 36 tall retailing walls
with 5 terraces in between
[LMW Subsection 3.6.1 (i)]

Provided
Parking
HandiRegular
capped

119
111

N*
N*

65%

Request
Retaining walls up to
16 feet with no
terracing

Staff Recommendation
Approval

SS

EOT-67225 and EOT-67226 [PRJ-66961]


Staff Report Page Ten
December 13, 2016 - Planning Commission Meeting

Waivers
Requirement

Request
Zero-foot landscape
7 perimeter landscape
planting strip along
planting strip along interior lot
portions of the north,
lines
south, east and west
[LMW Subsection 4.3.3 (i)]
lot lines

Exceptions
Requirement
Request
One 24 box shade tree per 6
uncovered parking spaces in
islands and at ends of rows
78 parking lot trees
(87 parking lot trees
required)
8 parking lot islands in offsite 4 diamonds in offsite
lot
lot

Staff Recommendation

Approval

Staff Recommendation

Approval

Approval

SS

EOT-67225

EOT-67225

EOT-67225

EOT-67225

EOT-67225 and EOT-67226

EOT-67225 and EOT-67226

EOT-67225 and EOT-67226

EOT-67225 and EOT-67226

EOT-67225 and EOT-67226

EOT-67225 and EOT-67226

EOT-67225 and EOT-67226

EOT-67225 and EOT-67226

EOT-67225 and EOT-67226

EOT-67225 and EOT-67226

EOT-67225 [PRJ-66961] - EXTENSION OF TIME - VARIANCE - RELATED TO EOT-67226 APPLICANT:


PRAYER
MOUNTAIN/INTERNATIONAL
CHURCH
OF
LAS
VEGAS
OWNER:
INTERNATIONAL CHURCH OF LAS VEGAS, INC., ET AL
SOUTHWEST CORNER OF CLIFF SHADOWS PARKWAY AND CLARK COUNTY 215
11/03/2016

EOT-67225 [PRJ-66961] - EXTENSION OF TIME - VARIANCE - RELATED TO EOT-67226 APPLICANT:


PRAYER
MOUNTAIN/INTERNATIONAL
CHURCH
OF
LAS
VEGAS
OWNER:
INTERNATIONAL CHURCH OF LAS VEGAS, INC., ET AL
SOUTHWEST CORNER OF CLIFF SHADOWS PARKWAY AND CLARK COUNTY 215
11/03/2016

EOT-67225 [PRJ-66961] - EXTENSION OF TIME - VARIANCE - RELATED TO EOT-67226 APPLICANT:


PRAYER
MOUNTAIN/INTERNATIONAL
CHURCH
OF
LAS
VEGAS
OWNER:
INTERNATIONAL CHURCH OF LAS VEGAS, INC., ET AL
SOUTHWEST CORNER OF CLIFF SHADOWS PARKWAY AND CLARK COUNTY 215
11/03/2016

EOT-67225 [PRJ-66961] - EXTENSION OF TIME - VARIANCE - RELATED TO EOT-67226 APPLICANT:


PRAYER
MOUNTAIN/INTERNATIONAL
CHURCH
OF
LAS
VEGAS
OWNER:
INTERNATIONAL CHURCH OF LAS VEGAS, INC., ET AL
SOUTHWEST CORNER OF CLIFF SHADOWS PARKWAY AND CLARK COUNTY 215
11/03/2016

EOT-67225 and EOT-67226

EOT-67225 and EOT-67226

EOT-67225 and EOT-67226

EOT-67225 and EOT-67226

EOT-67225

EOT-67225

Agenda Item No.: 8.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
EOT-67226 - EXTENSION OF TIME RELATED TO EOT-67225 - SITE DEVELOPMENT
PLAN REVIEW - APPLICANT: PRAYER MOUNTAIN/INTERNATIONAL CHURCH OF
LAS VEGAS - OWNER: INTERNATIONAL CHURCH OF LAS VEGAS, INC., ET AL - For
possible action on a request for an Extension of Time of an approved Site Development Plan
Review (SDR-55723) FOR A PROPOSED TWO-STORY, 35-FOOT TALL, 66,192 SQUAREFOOT CHURCH/HOUSE OF WORSHIP AND SCHOOL WITH WAIVERS OF THE LONE
MOUNTAIN WEST WALL AND LANDSCAPE STANDARDS TO ALLOW RETAINING
WALLS UP TO 16 FEET IN HEIGHT WHERE THREE-FOOT, SIX-INCH WALLS ARE
REQUIRED AND ZERO-FOOT LANDSCAPE BUFFERS ALONG PORTIONS OF THE
NORTH, SOUTH, EAST AND WEST PERIMETERS WHERE SEVEN FEET IS REQUIRED
on a portion of 9.12 acres at the southwest corner of Cliff Shadows Parkway and Clark County
215 (portions of APNs 137-12-401-001, 137-12-401-011 and 040; and 137-12-410-003), PD
(Planned Development) and C-V (Civic) Zones, Ward 4 (Anthony) [PRJ-66961]. Staff
recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
4. Action Letter for SDR-55723 [PRJ-55315]

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.

EOT-67226

EOT-67226

EOT-67226

EOT-67226

EOT-67226

EOT-67226

EOT-67226

EOT-67226

EOT-67226

EOT-67226

Agenda Item No.: 9.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
TMP-66454 - TENTATIVE MAP - CRAIG MARKETPLACE - APPLICANT: NELSON
TRESSLER - OWNER: BANK WELLS FARGO NATIONAL ASSOCIATION - For possible
action on a request for a Tentative Map FOR A PROPOSED ONE-LOT COMMERCIAL
SUBDIVISION on 3.53 acres at the southwest corner of Craig Road and US 95 (APN 138-03701-003) C-1 (Limited Commercial) Zone, Ward 4 (Anthony) [PRJ-66400]. Staff recommends
APPROVAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 7 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)

TMP-66454 [PRJ-66400]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: NELSON TRESSLER - OWNER: BANK WELLS
FARGO NATIONAL ASSOCIATION

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

TMP-66454

Staff recommends APPROVAL, subject to conditions:

REQUIRED FOR
APPROVAL

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

N/A

APPROVALS

PROTESTS

23

FS

TMP-66454 [PRJ-66400]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

TMP-66454 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.

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

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.

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
three 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.

7.

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.

FS

TMP-66454 [PRJ-66400]
Conditions Page Two
December 13, 2016 - Planning Commission Meeting

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. This condition shall not be
enforced if the Owner demonstrates to the satisfaction of the Flood Control Section
of Public Works that each lot can drain independently to abutting public roadways.

9.

Contact the City Engineers Office at 229-6272 to coordinate the development of


this project with the Sewer Rehab Group F project, and any other public
improvement projects adjacent to this site. Comply with the recommendations of
the City Engineer.

10. Upon further development on this site, an update to the previously approved
Drainage Plan and Technical Drainage Study must be submitted to and approved
by the Department of Public Works prior to submittal of any construction drawings
or the issuance of any building or grading permits, whichever may occur first.
Provide and improve all drainageways recommended in the approved drainage
study update.
11. 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.

FS

TMP-66454 [PRJ-66400]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The request is for the approval of a Tentative Map for a one-lot commercial subdivision
on a 3.53 acre site at the southwest corner Craig Road and US 95.

ISSUES

All grading and drainage improvements have been completed.


The site is partially built out with a pawn shop, restaurant, retail building, and an
undeveloped building pad. All associated parking areas and drive isles have been
constructed.

ANALYSIS
There is an existing pawn shop, restaurant and retail building. The retail building is
located on an uncompleted pad site. There is an existing parking lot with associated
drive isles and landscaping. All existing structures on the site meet the Title 19
requirements for the C-1 (Limited Commercial) zoning district. Access to the site is
provided from a shared driveway from Craig Road. All grading and drainage
improvements have been completed. The north/south and east/west cross sections
show a developed and graded site, and no changes are proposed.
The map meets and complies with the Title 19 and NRS 278 requirements for a
Tentative Map; therefore, staff recommends approval with conditions. If denied, the
existing parcel would remain.

FINDINGS (TMP-64433)
All Title 19 zoning and NRS 278 technical requirements regarding tentative maps have
been satisfied; therefore, staff recommends approval with conditions.

FS

TMP-66454 [PRJ-66400]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council accepted the Withdrawal Without Prejudice a request
for Rezoning (Z-0115-97) on property located on the southeast corner
of Craig Road and Tenaya Way from U (Undeveloped) [SC (Service
01/12/98
Commercial) General Plan designation] to PD (Planned Development)
for a proposed Shopping Center. The Planning Commission and staff
recommended approval.
The Planning Commission approved a request for a Final Map (FM12/26/00
0073-00) for two lots on 16.31 acres on the southeast corner of the
intersection of Craig Road and Tenaya Way.
The Planning Commission accepted the applicants request to
Withdraw Without Prejudice a request for Rezoning (Z-0074-01) from
11/20/03
U (Undeveloped) [SC (Service Commercial) General Plan designation]
to C-1 (Limited Commercial) on 3.53 acres at 7075 West Craig Road.
The City Council approved a request for a Rezoning (ZON-3197) from
U (Undeveloped) [SC (Service Commercial) General Plan designation]
01/21/04
to C-1 (Limited Commercial) on 3.53 acres adjacent to the southwest
corner Craig Road and US-95. The Planning Commission and staff
recommended approval of the request.
The City Council approved a request for a Special Use Permit (SUP4694) for a 40-foot tall, 14-foot by 48-foot Off-Premise Sign (Billboard)
11/17/04
at 7075 West Craig Road. The Planning Commission recommended
approval of the request.
The Planning Commission accepted the applicants request to
Withdraw Without Prejudice a request for a Variance (VAR-19646) to
03/22/07
allow 150 Parking Spaces where 152 required on 3.53 acres on the
south side of Craig Road, west of US-95.
The City Council approved a request for a Rezoning (ZON-19647)
from U (Undeveloped) [SC (Service Commercial) General Plan
designation] to C-1 (Limited Commercial) on 3.53 acres on the south
side of Craig Road, west of US-95. The Planning Commission
recommended approval of the request.
The City Council approved a request for a Site Development Plan
08/01/07
Review (SDR-19643) for a 37,925 square-foot Commercial Center and
Waivers of perimeter landscape buffer standard to allow no
landscaping along the south and east property lines where an 8-foot
wide buffer is required, and a 2-foot wide buffer along a portion of the
north property line where an 8-foot wide buffer is required on 3.53
acres on the south side of Craig Road, west of US-95. The Planning
Commission recommended approval on 04/12/07.

FS

TMP-66454 [PRJ-66400]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

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


The Planning Commission approved a request for a Major Amendment
to an approved Site Development Plan Review (SDR-25484) for a
02/28/08
proposed 41,097 square-foot Shopping Center on 3.53 acres adjacent
to the south side of Craig Road, west of US-95.
The City Council approved a request for a Special Use Permit (SUP29027) for a proposed Pawn Shop with a Waiver to allow a zero-foot
distance separation to another Financial Institution, Specified where
10/01/08
1,000 feet is required at the southwest corner of US-95 and Craig
Road. The Planning Commission recommended approval of the
request.
A Code Enforcement case (#70784) was processed for a carnival
10/20/08
setup at 7075 West Craig Road without permits. The case was closed
on 10/22/08.
The City Council approved Required Review (RQR-30484) of an
approved Special Use Permit (SUP-4694) for a 40-foot tall, 14-foot by
01/07/09
48-foot Off-Premise Sign (Billboard) at 7075 West Craig Road. The
Planning Commission recommended approval of the request.
The Planning Department administratively approved a request for a
Minor Amendment (SDR-34582) of an approved Site Development
Plan Review (SDR-25484) for a Restaurant with drive-through and a
06/17/09
reduction in square footage of an approved shopping center with a
waiver to allow a zero-foot perimeter landscape buffer where two feet
was approved on 3.53 acres adjacent to the south side of Craig Road,
west of US-95.
The City Council approved a request for an Extension of Time (EOT35333) of a previously approved Rezoning (ZON-19647) from U
09/02/09
(Undeveloped) [SC (Service Commercial) General Plan designation] to
C-1 (Limited Commercial) on 3.53 acres on the south side of Craig
Road, west of US-95. Staff recommended approval.
The Planning Commission accepted the applicants request to
Withdraw Without Prejudice a request for a Variance (VAR-19646) to
03/22/07
allow 150 Parking Spaces where 152 required on 3.53 acres on the
south side of Craig Road, west of US-95.
The City Council approved a request for a Rezoning (ZON-19647)
from U (Undeveloped) [SC (Service Commercial) General Plan
08/01/07
designation] to C-1 (Limited Commercial) on 3.53 acres on the south
side of Craig Road, west of US-95. The Planning Commission
recommended approval of the request.

FS

TMP-66454 [PRJ-66400]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

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


The City Council approved a request for a Site Development Plan
Review (SDR-19643) for a 37,925 square-foot Commercial Center and
Waivers of perimeter landscape buffer standard to allow no
landscaping along the south and east property lines where an 8-foot
wide buffer is required, and a 2-foot wide buffer along a portion of the
north property line where an 8-foot wide buffer is required on 3.53
acres on the south side of Craig Road, west of US-95. The Planning
Commission recommended approval on 04/12/07.
The Planning Commission approved a request for a Major Amendment
to an approved Site Development Plan Review (SDR-25484) for a
02/28/08
proposed 41,097 square-foot Shopping Center on 3.53 acres adjacent
to the south side of Craig Road, west of US-95.
The City Council approved a request for a Special Use Permit (SUP29027) for a proposed Pawn Shop with a Waiver to allow a zero-foot
distance separation to another Financial Institution, Specified where
10/01/08
1,000 feet is required at the southwest corner of US-95 and Craig
Road. The Planning Commission recommended approval of the
request.
A Code Enforcement case (#70784) was processed for a carnival
10/20/08
setup at 7075 West Craig Road without permits. The case was closed
on 10/22/08.
The City Council approved Required Review (RQR-30484) of an
approved Special Use Permit (SUP-4694) for a 40-foot tall, 14-foot by
01/07/09
48-foot Off-Premise Sign (Billboard) at 7075 West Craig Road. The
Planning Commission recommended approval of the request.
The Planning Department administratively approved a request for a
Minor Amendment (SDR-34582) of an approved Site Development
Plan Review (SDR-25484) for a Restaurant with drive-through and a
06/17/09
reduction in square footage of an approved shopping center with a
waiver to allow a zero-foot perimeter landscape buffer where two feet
was approved on 3.53 acres adjacent to the south side of Craig Road,
west of US-95.
The City Council approved a request for an Extension of Time (EOT35333) of a previously approved Rezoning (ZON-19647) from U
09/02/09
(Undeveloped) [SC (Service Commercial) General Plan designation] to
C-1 (Limited Commercial) on 3.53 acres on the south side of Craig
Road, west of US-95. Staff recommended approval.
The City Council accepted the Withdrawal Without Prejudice a request
for a Variance (VAR-37837) to increase the height of an existing 4007/07/10
foot tall, 14-foot by 48-foot Off-Premise Sign to 47 feet at 7075 West
Craig Road. The Planning Commission and staff recommended
denial.
FS

TMP-66454 [PRJ-66400]
Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

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


The City Council approved a Review of Condition (ROC-43312) of an
approved Site Development Plan Review (SDR-25484) to delete
12/07/11
condition #14, which required construction of a raised median at the
shared access driveway to the subject site from Craig Road at 7083
West Craig Road.
Department of Planning staff administratively approved a Site
02/11/15
Development Plan Review (SDR-57770) for elevation changes to an
existing shopping center.

Most Recent Change of Ownership


03/31/15
A deed was recorded for a change in ownership.

Pre-Application Meeting
08/23/16
General Tentative Map submittal requirement were discussed.

Field Check
10/31/16

A field check identified a partially developed shopping center.

Details of Application Request


Site Area
Net Acres
3.53

Surrounding
Property

Existing Land
Use Per Title
19.12

Subject
Property

Shopping Center

North

Shopping Center

East

Indoor Recreation,
Commercial
US 95

West

Shopping Center

South

Planned or Special
Land Use
Designation
SC (Service
Commercial)
SC (Service
Commercial)
SC (Service
Commercial)
N/A
SC (Service
Commercial)

Existing Zoning
District
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)
N/A
C-1 (Limited
Commercial)

FS

TMP-66454 [PRJ-66400]
Staff Report Page Six
December 13, 2016 - Planning Commission Meeting

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
Airport Overlay
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 19.08, the following standards apply:
Standard
Required/Allowed
Min. Lot Width
100 Feet
Min. Setbacks
Front
10 Feet
Side
10 Feet
Corner
10 Feet
Rear
20 Feet

Street Name

Craig Road

Functional
Classification
of Street(s)
Primary Arterial

Provided
150 Feet

Compliance
Y

80 Feet
10 Feet
10 Feet
20 Feet

Y
Y
Y
Y

Governing
Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Planned Streets and


Highways Map

100

FS

TMP-67454

TMP-67454

TMP-67454

TMP-67454

TMP-67454

TMP-67454

TMP-66454 [PRJ-66400] - TENTATIVE MAP - APPLICANT: NELSON TRESSLER - OWNER: BANK WELLS
FARGO NATIONAL ASSOCIATION
SOUTHWEST CORNER OF CRAIG ROAD AND US 95
11/28/2016

TMP-66454 [PRJ-66400] - TENTATIVE MAP - APPLICANT: NELSON TRESSLER - OWNER: BANK WELLS
FARGO NATIONAL ASSOCIATION
SOUTHWEST CORNER OF CRAIG ROAD AND US 95
11/28/2016

TMP-66454 [PRJ-66400] - TENTATIVE MAP - APPLICANT: NELSON TRESSLER - OWNER: BANK WELLS
FARGO NATIONAL ASSOCIATION
SOUTHWEST CORNER OF CRAIG ROAD AND US 95
11/28/2016

Agenda Item No.: 10.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
TMP-67494 - TENTATIVE MAP - 18 FREMONT STREET ACQUISITION APPLICANT/OWNER: 18 FREMONT STREET ACQUISITION, LLC - For possible action on
a request for a Tentative Map FOR A ONE-LOT COMMERCIAL SUBDIVISION on 2.75 acres
at the northeast corner of Fremont Street and Main Street (APNs 139-34-101-013; and 139-34111-027, 028, 031, 032 and 033), C-2 (General Commercial) Zone, Ward 5 (Barlow) [PRJ67363]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 7 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)

TMP-67494 [PRJ-67363]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: 18 FREMONT STREET ACQUISITION,
LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

TMP-67494

Staff recommends APPROVAL, subject to conditions:

REQUIRED FOR
APPROVAL

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

N/A

APPROVALS

PROTESTS

27

SS

TMP-67494 [PRJ-67363]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

TMP-67494 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.

The Final Map shall depict witness lines to clearly indicate the extent of current
nonrestricted gaming rights contained within the boundaries of the commercial
subdivision.

3.

The Final Map shall contain a note granting perpetual common access and parking
to all driveways, drive aisles and parking spaces for all sites located within the
boundaries of the commercial subdivision.

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.

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


Subdivision Statutes.
Public Works

6.

A Petition of Vacation, such as VAC-66477, shall record prior to or concurrent with


a Final Map for this site to eliminate the adjacent rights-of-way.

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
three 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.

SS

TMP-67494 [PRJ-67363]
Conditions Page Two
December 13, 2016 - Planning Commission Meeting

8.

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.

9.

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. This condition shall not be
enforced if the Owner demonstrates to the satisfaction of the Flood Control Section
of Public Works that each lot can drain independently to abutting public roadways.

10. Upon further development on this site, 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.
11. As per Unified Development Code (UDC) 19.16.060.G, all requirements must be
complied with or such future compliance must be guaranteed by an approved
performance security method in accordance with UDC sections 19.02.130.C and
19.02.130.E.
12. The approval of all Public Works related improvements shown on this Tentative
Map is in concept only. Specific design and construction details relating to size,
type and/or alignment of improvements, including but not limited to street, sewer
and drainage improvements, shall be resolved prior to approval of the construction
plans by the City. No 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.

SS

TMP-67494 [PRJ-67363]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting the consolidation of several parcels at the northeast corner
of Fremont Street and Main Street totaling 2.75 acres into a one-lot commercial
subdivision. This area would include portions of two public rights-of-way that are in
process to be vacated.

ISSUES

The area covering this site contains nonrestricted gaming rights that the applicant
wishes to preserve. A condition of approval will require gaming witness lines to be
clearly indicated on the final map of this area as evidence of the nonrestricted
gaming rights.
A Petition to Vacate (VAC-66477) two existing alleyways in conflict with the
proposed redevelopment of the Las Vegas Club Hotel and Casino was approved on
11/16/16; however, the Order of Vacation must still be recorded. A condition of
approval addresses this.
A note shall be added to the Final Map granting perpetual access and parking rights
across the entire area of the subdivision.

ANALYSIS
The block-wide area is fully developed with buildings and surface parking, and faces the
Fremont Street Experience. The site will be redeveloped and expanded through a
future independently submitted Site Development Plan Review. A petition to vacate
(VAC-66477) two alleyways in conflict with the development was approved by the City
Council on 11/16/16. The Order of Vacation would need to record prior to recordation of
a Final Map over this site. No waivers or variances are needed or are being filed in
conjunction with this map request. No walls or fences currently exist or are proposed on
the perimeter of the site.
The area covering this site contains non-restricted gaming rights that the applicant
wishes to preserve despite the consolidation of parcels through this map process. A
condition of approval will require gaming witness lines to be clearly indicated on the final
map of this area as evidence of the non-restricted gaming rights.

SS

TMP-67494 [PRJ-67363]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

The Department of Public Works notes that several cross sections are shown with this
Tentative Map submittal. However, since this property and all surrounding properties are
developed, no retaining walls are shown or anticipated.

FINDINGS (TMP-67494)
As the proposed map meets all NRS and LVMC Title 19 requirements for tentative
maps, and no waivers or variances are required, staff recommends approval, subject to
conditions.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a request for Rezoning (Z-0100-64) from R1 (Single Family Residential), R-4 (High Density Residential), C-1
(Limited Commercial), C-2 (General Commercial) and C-V (Civic) to C12/16/64
2 (General Commercial) for 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. The Planning Commission recommended approval.
The Board of City Commissioners approved a request for an Aesthetic
Review (AR-0007-76) for a proposed hotel tower addition (Las Vegas
Club) with landscaped front entrance facing Fremont Street, on
05/05/76
property located on the east side of Main Street between Fremont
Street and Ogden Avenue. The Planning Commission recommended
approval.
The Board of City Commissioners approved a request for an Aesthetic
Review [AR-0007-76(1)] for a revised development plan for a
proposed 12-deck parking structure on property located on the east
08/20/80
side of Main Street, between Fremont Street and Ogden Avenue. The
Planning Commission recommended approval.
The Planning
Commission recommended approval.
An encroachment agreement (L-41334) was recorded for at-grade
02/22/00
landscape planter areas for the 1st Street expansion of the Fremont
Street Experience.
An application for an encroachment agreement (L-58218) was
submitted for review, which included construction of a storage area,
03/30/15
vestibule, cooler and enclosed storage area in a public alley adjacent
to 22 Fremont Street. The agreement was not recorded.

SS

TMP-67494 [PRJ-67363]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

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


The Planning Commission accepted the applicants request to
Withdraw Without Prejudice a Tentative Map (TMP-59942) for a one08/11/15
lot commercial subdivision (Las Vegas Club Subdivision) on 2.10
acres at 18 Fremont Street.
The City Council approved a Petition to Vacate (VAC-66477) portions
of two 20-foot wide public alleys generally located north of Fremont
11/16/16
Street between Main Street and 1st Street. The Planning Commission
and staff recommended approval. An Order of Vacation has not been
recorded.

Most Recent Change of Ownership


A deed was recorded for a change in ownership on APN 139-34-11108/13/15
033.
A deed was recorded for a change in ownership on APNs 139-34-10106/28/16
013 and 139-34-111-027, 031 and 032.
A deed was recorded for a change in ownership on APN 139-34-11106/30/16
028.

Related Building Permits/Business Licenses


A business license (C15-00315) was issued for a Convenience Store
09/03/03
at 24 Fremont Street. The license was marked out of business on
08/16/16.
A business license (G08-00060) was issued for Non-restricted Gaming
04/02/04
at 18 Fremont Street. The license was marked out of business on
10/01/14, as it was transferred to P62-00199.
A business license (G08-00068) was issued for Non-restricted Gaming
05/01/06
at 32 Fremont Street. The license was marked out of business on
06/28/16.
A business license (L10-00304) was issued for Beer/Wine/Cooler Off05/28/09
Sale at 24 Fremont Street. The license was marked in nonoperational
status on 05/17/16.
A building permit (174266) was issued for a tenant improvement for a
10/18/10
general retail store (Las Vegas Jerky) at an existing hotel at 18
Fremont Street. A final inspection was completed on 11/08/10.
An existing business license (H06-00012) was reissued for a Hotel at
03/01/13
18 Fremont Street. The license was marked out of business in May
2013.

SS

TMP-67494 [PRJ-67363]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

Related Building Permits/Business Licenses


A building permit (229431) was issued for a tenant improvement for a
03/13/13
general retail store (Viva Vegas) at an existing hotel at 18 Fremont
Street. A final inspection was completed on 05/15/13.
A building permit (234821) was issued for a tenant improvement for a
corridor from the north tower to parking garage of an existing hotel at
05/28/13
18 Fremont Street. A final inspection was not completed and the
permit expired 01/21/16.
An existing business license (L16-00036) for a Tavern at 32 Fremont
04/01/14
Street was renewed. The license was marked in nonoperational status
on 06/28/16.
An existing business license (T29-00004) for a topless club with
06/01/14
alcohol at 22 Fremont Street was renewed. The license was marked
out of business on 06/28/16.
A business license (P62-00199) was issued for Non-restricted Gaming
at 18 Fremont Street. The license was marked out of business on
08/20/15, as the license for a Resort Hotel was not active.
A business license (P62-00198) was issued for a Tavern at 18
08/02/14
Fremont Street. The license was marked in nonoperational status on
08/20/15, as the license for a Resort Hotel was not active.
A business license (L62-00173) was issued for a Tavern at 18
Fremont Street. The license was marked in nonoperational status on
08/20/15, as the license for a Resort Hotel was not active.
An existing business license (L16-00018) for a tavern at 22 Fremont
10/01/14
Street was renewed. The license was marked in nonoperational status
on 06/28/16.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
submittal requirements specifically for a tentative map application for a
10/17/16
one-lot commercial subdivision. Site Development Plan Review of the
expansion of the existing hotel and casino on this site will be submitted
independently of the map.

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

SS

TMP-67494 [PRJ-67363]
Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

Field Check
11/03/16

The site contains an existing nonoperational Hotel and Casino fronting


Fremont Street, as well as a Sexually Oriented Business, a Liquor
Establishment (Tavern) and a General Retail Store that are also not in
operation. The existing alleyways are gated.

Details of Application Request


Site Area
Net Acres
2.75

Existing Land
Use Per Title
19.12
Hotel/Casino with
Parking Garage
Sexually Oriented
Business (nonoperational)
Tavern (nonoperational)
Tavern (nonoperational)
General Retail
Store (nonoperational)

Planned or Special
Land Use
Designation

Existing Zoning
District

C (Commercial)

C-2 (General
Commercial)

North

Hotel/Casino

C (Commercial)

C-2 (General
Commercial)

South

Hotel/Casino
General Retail
Store (nonoperational)
Tavern (nonoperational)
General Retail
Store

C (Commercial)

C-2 (General
Commercial)

East

Hotel/Casino

C (Commercial)

West

Hotel/Casino with
surface parking

C (Commercial)

Surrounding
Property

Subject
Property

C-2 (General
Commercial)
C-2 (General
Commercial) and M
(Industrial)

SS

TMP-67494 [PRJ-67363]
Staff Report Page Six
December 13, 2016 - Planning Commission Meeting

Master Plan Areas


Downtown Centennial Plan
Special Purpose and Overlay Districts
Downtown Centennial Plan Overlay District (Central Casino Core District)
A-O (Airport Overlay) District (200 Feet)
Downtown Casino Overlay 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
Y
Y
Compliance
N/A
Y
N/A
N/A

DEVELOPMENT STANDARDS
Pursuant to Title 19.08.080, the following standards apply:
Standard
Required/Allowed
Provided
Min. Lot Size
N/A
120,000 SF
Min. Lot Width
100 Feet
300 Feet

Street Name

Functional
Classification
of Street(s)

Main Street

Primary Arterial

Fremont Street

Private

Ogden Avenue

Major Collector

Governing
Document
Master Plan of
Streets and
Highways Map
N/A
Master Plan of
Streets and
Highways Map

Compliance
N/A
Y

Actual
Street Width
(Feet)

Compliance
with Street
Section

88

80

N/A

80

SS

TMP-67494

TMP-67494

TMP-67494 - REVISED

A
b

777
7
777
77
'77

TMP-67494 - REVISED

TMP-67494 - REVISED

TMP-67494 [PRJ-67363] - TENTATIVE MAP - APPLICANT/OWNER:


ACQUISITION, LLC
NORTHEAST CORNER OF FREMONT STREET AND MAIN STREET

18

STREET

11/03/2016

FREMONT

TMP-67494 [PRJ-67363] - TENTATIVE MAP - APPLICANT/OWNER:


ACQUISITION, LLC
NORTHEAST CORNER OF FREMONT STREET AND MAIN STREET

18

STREET

11/03/2016

FREMONT

TMP-67494 [PRJ-67363] - TENTATIVE MAP - APPLICANT/OWNER:


ACQUISITION, LLC
NORTHEAST CORNER OF FREMONT STREET AND MAIN STREET

18

STREET

11/03/2016

FREMONT

TMP-67494 [PRJ-67363] - TENTATIVE MAP - APPLICANT/OWNER:


ACQUISITION, LLC
NORTHEAST CORNER OF FREMONT STREET AND MAIN STREET

18

STREET

11/03/2016

FREMONT

TMP-67494 [PRJ-67363] - TENTATIVE MAP - APPLICANT/OWNER:


ACQUISITION, LLC
NORTHEAST CORNER OF FREMONT STREET AND MAIN STREET

18

STREET

11/03/2016

FREMONT

TMP-67494 [PRJ-67363] - TENTATIVE MAP - APPLICANT/OWNER:


ACQUISITION, LLC
NORTHEAST CORNER OF FREMONT STREET AND MAIN STREET

18

STREET

11/03/2016

FREMONT

Agenda Item No.: 11.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
TMP-67495 - TENTATIVE MAP - GOLDEN GATE - APPLICANT: GOLDEN GATE
CASINO, LLC - OWNER: SAL SAGEV HOTEL CO, INC., ET AL - For possible action on a
request for a Tentative Map FOR A ONE-LOT COMMERCIAL SUBDIVISION on 1.42 acres
at the southeast corner of Fremont Street and Main Street (APNs 139-34-101-012 and 139-34111-035), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-67364]. Staff recommends
APPROVAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 7 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)

TMP-67495 [PRJ-67364]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: GOLDEN GATE CASINO, LLC OWNER: SAL
SAGEV HOTEL CO, INC., ET AL

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

TMP-67495

Staff recommends APPROVAL, subject to conditions:

REQUIRED FOR
APPROVAL

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

N/A

APPROVALS

PROTESTS

28

SS

TMP-67495 [PRJ-67364]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

TMP-67495 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.

The Final Map shall depict witness lines to clearly indicate the extent of current
nonrestricted gaming rights contained within the boundaries of the commercial
subdivision.

3.

The Final Map shall contain a note granting perpetual common access and parking
to all driveways, drive aisles and parking spaces for all sites located within the
boundaries of the commercial subdivision.

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.

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


Subdivision Statutes.
Public Works

6.

A Petition of Vacation, such as VAC-66478, shall record prior to or concurrent with


the Final Map for this site to eliminate the adjacent rights-of-way.

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
three 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.

SS

TMP-67495 [PRJ-67364]
Conditions Page Two
December 13, 2016 - Planning Commission Meeting

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.

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.

SS

TMP-67495 [PRJ-67364]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting the consolidation of several parcels at the southeast corner
of Fremont Street and Main Street totaling 1.42 acres into a one-lot commercial
subdivision. This area would include a portion of a public alley that is in process to be
vacated.

ISSUES

The area covering this site contains nonrestricted gaming rights that the applicant
wishes to preserve. A condition of approval will require witness lines to be clearly
indicated on the final map of this area as evidence of the nonrestricted gaming
rights.
A Petition to Vacate (VAC-66478) a portion of a 20-foot wide public alley in conflict
with the proposed redevelopment of the Golden Gate Hotel and Casino was
approved on 11/16/16; however, the Order of Vacation must still be recorded. A
condition of approval addresses this.
A note shall be added to the Final Map granting perpetual access and parking rights
across the entire area of the subdivision.

ANALYSIS
The subject area is fully developed with buildings and surface parking, and faces the
Fremont Street Experience. The site will be redeveloped and expanded through an
independently submitted Site Development Plan Review (SDR-67466). A petition to
vacate (VAC-66478) a portion of a 20-foot wide public alley within the boundaries of the
proposed subdivision was approved by the City Council on 11/16/16. The Order of
Vacation would need to record prior to recordation of a Final Map over this site. No
waivers or variances are needed or are being filed in conjunction with this map request.
No walls or fences currently exist or are proposed on the perimeter of the site.
The area covering this site contains nonrestricted gaming rights that the applicant
wishes to preserve despite the consolidation of parcels through this map process. A
condition of approval will require gaming witness lines to be clearly indicated on the final
map of this area as evidence of the nonrestricted gaming rights.

SS

TMP-67495 [PRJ-67364]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

The Department of Public Works notes that several cross sections are shown with this
Tentative Map submittal. However, since this property and all surrounding properties
are developed, no retaining walls are shown or anticipated.

FINDINGS (TMP-67495)
As the proposed map meets all NRS and LVMC Title 19 requirements for tentative
maps, and no waivers or variances are required, staff recommends approval, subject to
conditions.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a request for Rezoning (Z-0100-64) from R1 (Single Family Residential), R-4 (High Density Residential), C-1
(Limited Commercial), C-2 (General Commercial) and C-V (Civic) to C12/16/64
2 (General Commercial) for 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. The Planning Commission recommended approval.
An encroachment agreement (L-41334) was recorded for at-grade
02/22/00
landscape planter areas for the 1st Street expansion of the Fremont
Street Experience.
The City Council approved a Petition to Vacate (VAC-8589) a portion
11/02/05
of 1st Street from Fremont Street south to 150 feet north of Carson
Avenue. An Order of Vacation was recorded on 09/01/06.
The City Council approved an Encroachment Agreement (L-43772) for
a canopy and landscaping within Main Street. A recordation date is
not available.
The City Council approved a Site Development Plan Review (SDR42674) for a proposed 28,902 square-foot addition to an existing Hotel
10/19/11
and Gaming Establishment, Nonrestricted and parking lot
improvements, with Waivers of the Downtown Centennial Plan
Streetscape Standards and a corresponding request for encroachment
into the Main Street public right-of-way on 2.40 acres at 1 Fremont
Street. The Planning Commission and staff recommended approval.
A Final Map (FMP-44564) to revert platted lots to acreage on 1.29
05/02/12
acres at the southeast corner of Fremont Street and Main Street was
recorded.

SS

TMP-67495 [PRJ-67364]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

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


The City Council approved a Petition to Vacate (VAC-66478) a portion
of a 20-foot wide public alley generally located south of Fremont Street
11/16/16
and east of Main Street. The Planning Commission and staff
recommended approval. An Order of Vacation has not been recorded.
The Planning Commission will consider a request for a Special Use
Permit (SUP-67464) for a proposed 1,073 square-foot expansion of an
existing nonconforming Gaming Establishment, Non-Restricted use at
1 Fremont Street.
The Planning Commission will consider a request for a Special Use
Permit (SUP-67465) for a proposed 1,168 square-foot expansion of an
12/13/16
existing nonconforming Gaming Establishment, Non-Restricted use at
15 Fremont Street.
The Planning Commission will consider a request for a Site
Development Plan Review (SDR-67466) for a proposed 5,200 squarefoot expansion of an existing Hotel/Casino on 1.42 acres at 1 and 15
Fremont Street.

Most Recent Change of Ownership


A deed was recorded for a change in ownership on a portion of APN
12/31/57
139-34-101-012.
A deed was recorded for a change in ownership on a portion of APN
02/28/58
139-34-101-012.
A deed was recorded for a change in ownership on a portion of APN
12/30/58
139-34-101-012.
A deed was recorded for a change in ownership on a portion of APN
09/29/59
139-34-101-012.
A deed was recorded for a change in ownership on APN 139-34-11103/22/82
035.

Related Building Permits/Business Licenses


A business license (H05-00026) was issued for a Hotel (Golden Gate
Hotel & Casino) at 1 Fremont Street. The license is still active.
A business license (C05-00242) was issued for a Retail Tobacco
(Golden Gate Hotel & Casino) at 1 Fremont Street. The license is still
Pre-1989
active.
A business license (G50-05782) was issued for a General Retail Sales
(Golden Gate Hotel & Casino) at 1 Fremont Street. The license is still
active.

SS

TMP-67495 [PRJ-67364]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

Related Building Permits/Business Licenses


A business license (P02-00034) was issued for a Parking Lot (Golden
Gate Hotel & Casino) at 1 Fremont Street. The license is still active.
A business license (L16-00017) was issued for a Tavern (Golden Gate
Hotel & Casino) at 1 Fremont Street. The license is still active.
A business license (L16-00007) was issued for a Tavern (LaBayou
Casino) at 15 Fremont Street.
The license was marked in
nonoperational status on 06/28/16.
A business license (G08-00067) was issued for Nonrestricted Gaming
05/01/06
(LaBayou Casino) at 15 Fremont Street. The license was marked out
of business on 06/28/16.
A business license (R09-01591) was issued for a Restaurant (Du Pars
12/01/10
Restaurant) at 1 Fremont Street. The license is still active.
A business license (P63-00453) was issued for a Gaming Non12/01/15
Restricted (William Hill Sports Book) at 1 Fremont Street. The license
is still active.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
submittal requirements specifically for a tentative map application for a
10/17/16
one-lot commercial subdivision. Site Development Plan Review of the
expansion of the existing hotel and casino on this site will be submitted
independently of the map.

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

Field Check
11/03/16

The site contains an existing operational Hotel and Casino fronting


Fremont Street, as well as a small Casino and Tavern that is not in
operation.

Details of Application Request


Site Area
Net Acres
1.42

SS

TMP-67495 [PRJ-67364]
Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

Existing Land
Use Per Title
19.12
Hotel/Casino
Tavern (nonoperational)
Hotel/Casino with
Parking Garage
Sexually Oriented
Business (nonoperational)

Planned or Special
Land Use
Designation

Existing Zoning
District

C (Commercial)

C-2 (General
Commercial)

C (Commercial)

C-2 (General
Commercial)

Parking Facility

C (Commercial)

East

Hotel/Casino

C (Commercial)

West

Hotel/Casino

C (Commercial)

Surrounding
Property
Subject
Property

North

South

C-2 (General
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial) and M
(Industrial)

Master Plan Areas


Downtown Centennial Plan
Special Purpose and Overlay Districts
Downtown Centennial Plan Overlay District (Central Casino Core District)
A-O (Airport Overlay) District (200 Feet)
Downtown Casino Overlay District
Live/Work Overlay District
Other Plans or Special Requirements
Trails (Tortoise Trail)
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification
Assessment)
Project of Regional Significance

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

DEVELOPMENT STANDARDS
Pursuant to Title 19.08.080, the following standards apply:
Standard
Required/Allowed
Provided
Min. Lot Size
N/A
61,850 SF
Min. Lot Width
100 Feet
140 Feet

Compliance
N/A
Y

SS

TMP-67495 [PRJ-67364]
Staff Report Page Six
December 13, 2016 - Planning Commission Meeting

Street Name

Functional
Classification
of Street(s)

Main Street

Primary Arterial

Fremont Street
Carson Avenue

Private
Minor Street

Governing
Document
Master Plan of
Streets and
Highways Map
N/A
Title 13.12

Actual
Street Width
(Feet)

Compliance
with Street
Section

88

80
80

N/A
Y

SS

TMP-67495

TMP-67495

TMP-67495

TMP-67495

TMP-67495 - REVISED

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77
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TMP-67495 - REVISED

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TMP-67495 - REVISED

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TMP-67495 [PRJ-67364] - TENTATIVE MAP - APPLICANT: GOLDEN GATE CASINO, LLC - OWNER: SAL
SAGEV HOTEL CO, INC., ET AL
SOUTHEAST CORNER OF FREMONT STREET AND MAIN STREET
11/03/2016

TMP-67495 [PRJ-67364] - TENTATIVE MAP - APPLICANT: GOLDEN GATE CASINO, LLC - OWNER: SAL
SAGEV HOTEL CO, INC., ET AL
SOUTHEAST CORNER OF FREMONT STREET AND MAIN STREET
11/03/2016

TMP-67495 [PRJ-67364] - TENTATIVE MAP - APPLICANT: GOLDEN GATE CASINO, LLC - OWNER: SAL
SAGEV HOTEL CO, INC., ET AL
SOUTHEAST CORNER OF FREMONT STREET AND MAIN STREET
11/03/2016

TMP-67495 [PRJ-67364] - TENTATIVE MAP - APPLICANT: GOLDEN GATE CASINO, LLC - OWNER: SAL
SAGEV HOTEL CO, INC., ET AL
SOUTHEAST CORNER OF FREMONT STREET AND MAIN STREET
11/03/2016

TMP-67495 [PRJ-67364] - TENTATIVE MAP - APPLICANT: GOLDEN GATE CASINO, LLC - OWNER: SAL
SAGEV HOTEL CO, INC., ET AL
SOUTHEAST CORNER OF FREMONT STREET AND MAIN STREET
11/03/2016

Agenda Item No.: 12.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - VAR-66138 - VARIANCE - PUBLIC HEARING - APPLICANT: FAITH
TEMPLE - OWNER: COGIC FAITH TEMPLE TRUE HOLINESS, ET AL - For possible
action on a request for a Variance TO ALLOW A FOUR-FOOT SIDE YARD SETBACK
WHERE FIVE FEET IS REQUIRED at 903 and 907 West Adams Avenue and 906 West
Washington Avenue (APNs 139-28-609-005, 006, and 013), R-1 (Single Family Residential)
Zone, Ward 5 (Barlow) [PRJ-64699]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 01/18/2017
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 - VAR-66138, SUP-66140 and SDR-66141 [PRJ-64699]
2. Conditions and Staff Report - VAR-66138, SUP-66140 and SDR-66141 [PRJ-64699]
3. Supporting Documentation - VAR-66138, SUP-66140 and SDR-66141 [PRJ-64699]
4. Photo(s) - VAR-66138, SUP-66140 and SDR-66141 [PRJ-64699]
5. Justification Letter - VAR-66138, SUP-66140 and SDR-66141 [PRJ-64699]
6. Condition Confirmation Letter and Contract Termination Letter for VAR-66138, SUP-66140
and SDR-66141 [PRJ-64699]

VAR-66138, SUP-66140 and SDR-66141 [PRJ-64699]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: FAITH TEMPLE - OWNER: COGIC FAITH
TEMPLE TRUE HOLINESS, ET AL

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

VAR-66138
SUP-66140
SDR-66141

Staff recommends APPROVAL, subject to conditions:


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

REQUIRED FOR
APPROVAL
VAR-66138
VAR-66138
SUP-66140

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

17

NOTICES MAILED

211 - VAR-66138 and SUP-66140


211 - SDR-66141

APPROVALS

0 - VAR-66138 and SUP-66140


0 - SDR-66141

PROTESTS

0 - VAR-66138 and SUP-66140


0 - SDR-66141

NE

VAR-66138, SUP-66140 and SDR-66141 [PRJ-64699]


Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-66138 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-66140) and Site Development Plan Review (SDR-66141) 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.

SUP-66140 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a


Church/House of Worship use.

2.

Approval of and conformance to the Conditions of Approval for Variance (VAR66138) and Site Development Plan Review (SDR-66141) shall be required.

3.

Uses such as thrift shops, homeless shelters and other similar activities may not
be conducted and are not eligible for approval as part of this Special Use Permit
application.

NE

VAR-66138, SUP-66140 and SDR-66141 [PRJ-64699]


Conditions Page Two
December 13, 2016 - Planning Commission Meeting

4.

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

5.

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

6.

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

7.

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

SDR-66141 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Variance (VAR66138) and Special Use Permit (SUP-66140) 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 11/15/16;
and landscape plan and building elevations date stamped 09/02/16, except as
amended by conditions herein.

4.

A six to eight-foot tall block wall shall be constructed along the east and west
property lines in accordance with Title 19.08.

5.

Mechanical and electrical equipment shall be screened in accordance with Title


19.08.

6.

A Waiver from Title 19.08 is hereby approved, to allow zero-foot wide landscape
buffer along the south property line and a ten-foot wide landscape buffer along a
portion of the north property line where 15 feet is required, and to allow zero-foot
wide landscape buffers on portions of the west and east property line where eight
feet is required.
NE

VAR-66138, SUP-66140 and SDR-66141 [PRJ-64699]


Conditions Page Three
December 13, 2016 - Planning Commission Meeting

7.

An Exception from Title 19.08 is hereby approved, to allow five (5) trees where 37
trees were required for the perimeter landscape buffers of the property; to allow
one (1) parking lot landscape island where three (3) were required; and to allow
three (3) parking lot trees where seven (7) were required.

8.

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

9.

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

10. The applicant shall coordinate with the City Surveyor and other city staff to
determine the most appropriate mapping action necessary to consolidate the
existing lots. The mapping action shall be completed and recorded prior to the
issuance of any building permits.
11. A fully operational fire protection system, including fire apparatus roads, fire
hydrants and water supply, shall be installed and shall be functioning prior to
construction of any combustible structures.
12. All City Code requirements and design standards of all City Departments must be
satisfied, except as modified herein.
Public Works
13. In accordance with Title 13.56.040, remove all substandard public street
improvements and unused driveway cuts on West Adams Avenue and West
Washington Avenue adjacent to this site and replace with new improvements
meeting current City Standards concurrent with development of this site. All
existing paving damaged or removed by this development shall be restored at its
original location and to its original width concurrent with development of this site.
The existing pan style driveway accessing this site on West Adams Avenue may
remain as long as the sidewalk along West Adams Avenue meets current
American with Disabilities Act (ADA) requirements.
14. Meet with the Fire Protection Engineering Section of the Department of Fire
Services to discuss fire requirements for the proposed use of this facility. The
design and layout of all onsite private circulation and access drives shall meet the
approval of the Department of Fire Services.

NE

VAR-66138, SUP-66140 and SDR-66141 [PRJ-64699]


Conditions Page Four
December 13, 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.

NE

VAR-66138, SUP-66140 and SDR-66141 [PRJ-64699]


Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant has proposed to expand an existing legal, nonconforming Church/House
of Worship use and building on three lots located at 903 and 907 West Adams Avenue,
and 906 West Washington Avenue.

ISSUES

When a legal, nonconforming use and building expands more than 50 percent, the
applicable land entitlements are required for the expansion.
The existing legal nonconforming Church/House of Worship is expanding the use by
approximately 80 percent requiring a Special Use Permit. Staff is recommending
approval of this request.
The existing legal, nonconforming building is expanding by approximately 80 percent
requiring a Site Development Plan Review. Staff is recommending approval of this
request.
The existing side setback of the legal, nonconforming building is 4.5 feet, requiring a
Variance to expand the legal, nonconforming building by approximately 80 percent
and match the existing 4.5-foot side setback. Staff is recommending approval of this
request.

ANALYSIS
Site Development Plan Review (SDR-66141)
The applicant has proposed a 1,073 square-foot addition to an existing 1,335 squarefoot Church/House of Worship located at 907 West Adams Avenue. The building
expansion will occur to the northern faade of the existing building, with the remaining
adjacent lots located at 903 West Adams Avenue and 906 West Washington Avenue
transforming into a parking lot facility for the Church/House of Worship.
The proposed floor plan includes a vestibule, mens and womens restrooms, storage,
and a sound room. To the rear of the church is an office and breakroom for staff. The
expanded sanctuary provides parishioners 1,300 square feet of non-fixed seating.

NE

VAR-66138, SUP-66140 and SDR-66141 [PRJ-64699]


Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

According to the Las Vegas Valley Water District (LVVWD), the subject properties are
currently served by LVVWD but the domestic services do not have the required
backflow prevention per NAC 445A.67195. Civil and plumbing plans will need to be
submitted to LVVWD for domestic meter sizing, fire flow availability and backflow
retrofit. In addition, parcel lot consolidation will be required prior to plan approval.
In a report provided to staff by the Department of Public Works Traffic Division, this
project will add approximately ten (10) trips per day on Washington Avenue, Adams
Street, H Street, and I Street. Currently, Washington Avenue is at approximately 33
percent of capacity, Adams is at approximately five (5) percent of capacity, and H Street
is at approximately 23 percent of capacity. With the addition of this project, these
capacities are expected to remain unchanged. Counts are currently not available for I
Street, but it is believed to also be under capacity. Based on peak hour use, this
development will add into the area roughly 13 additional cars, or about two every nine
minutes.
Variance (VAR-66138)
The existing Church/House of Worship located at 907 West Adams Avenue was
constructed in 1959 with a side setback of 4.5 feet. In order to maintain a harmonious
building faade along the western edge of the building, the applicant has requested a
Variance to allow for the continuation of this 4.5-foot side setback for the Church/House
of Worship 1,073 square-foot building expansion. Although the applicant has proposed
to expand the structure to the north, the expansion maintains the minimum front yard
setback for the R-1 (Single Family Residential) zoning district of 20 feet by providing a
21-foot front setback. Staff supports this request as it aides in the preservation of the
residential nature of the neighborhood in accordance with the West Las Vegas Plan.
Special Use Permit (SUP-66140)
The existing legal, nonconforming Church/House of Worship is located within the R-1
(Single Family Residential) zoning district. In accordance with Title 19.14, when a legal,
nonconforming use is expanded more than 50 percent, the use must conform to the
provisions of Title 19. Title 19.12 requires a Church/House of Worship to obtain a
Special Use Permit when located within the R-1 (Single Family Residential) zoning
district. Since the proposed Church/House of Worship land use expansion is
approximately 80 percent of the existing Church/House of Worship land use, the
applicant has requested a Special Use Permit to bring the subject site into compliance
with Title 19. Staff is recommending approval of this request.

NE

VAR-66138, SUP-66140 and SDR-66141 [PRJ-64699]


Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

The Church/House of Worship use is defined as any building used for religious worship
services, religious education and fellowship activities and programs of a religious
organization. This use includes the use of the building and premises for other related
activities, such as child care facilities, formal educational programs, preschool classes
and recreational activities, but only when those activities are ancillary to the religious
use and only after those uses have been approved by means of a use review or other
procedure under LVMC Chapter 19.16. This use does not include any class of child
care center, general education classroom or facility, thrift shop, homeless shelter or
commercial activity.
The Minimum Special Use Permit Requirements for this use include:
1. Requirement 1
The Special Use Permit approval may include such activities as religious
services, religious instruction, church club activities and similar activities.
The applicant has applied for a Special Use Permit to allow for the expansion of
an existing legal, nonconforming Church/House of Worship in the R-1 (Single
Family Residential) zoning district that currently offers religious services on
Tuesday, Friday, and Sunday.
2. Requirement 2
The Special Use Permit approval may also include accessory functions, such as
child care facilities, formal educational programs, preschool classes and similar
related activities, if:
a. The uses are specifically proposed in the application; and
b. The Director finds that each such use is ancillary to the primary use.
Child care facilities, formal educational programs, preschool classes and similar
related activities were not applied for as part of this Special Use Permit
application.
3. Requirement 3
Following approval of a Special Use Permit, if any additional uses not specifically
covered by that Special Use Permit are proposed, an additional public hearing
process shall be required to add the uses.
For future reference.

NE

VAR-66138, SUP-66140 and SDR-66141 [PRJ-64699]


Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

1. Requirement 4
In residential districts, related uses such as thrift shops, homeless shelters and
other similar activities may not be conducted and are not eligible for approval as
part of a Special Use Permit. Such uses may be conducted only in the zoning
districts in which such uses are permitted as primary uses, and must receive
specific approval to operate.
The subject site is zoned R-1 (Single Family Residential), making the subject site
ineligible for uses such as thrift shops, homeless shelters and other similar
activities. A Condition of Approval has been added to ensure compliance.
2. Requirement 5
Churches on sites larger than 5 acres shall not be permitted in the U District or a
district with an R prefix.
Requirement does not apply to this application as the subject site is 0.54 acres.
The existing legal, nonconforming Church/House of Worship has met the minimum
Special Use Permit requirements set forth by Title 19.12 and staff is recommending
approval of this request.

FINDINGS (VAR-66138)
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

NE

VAR-66138, SUP-66140 and SDR-66141 [PRJ-64699]


Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.
Evidence of a unique and extraordinary circumstance has been presented, in that the
subject building built in 1959 was constructed with only a 4.5-foot side yard setback. In
order to maintain a harmonious side building elevation the applicant has proposed to
maintain the 4.5-foot side setback with the new building addition considering the
addition increases the building floor area by 1,073 square feet, approximately 80
percent of the existing floor area. The hardship imposed by the sites existing building
characteristics is within the realm of NRS Chapter 278 for granting Variances and staff
supports this request.
FINDINGS (SUP-66140)
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 a legal, nonconforming Church/House of Worship use
includes the construction and expansion of a parking area that will provide paved,
striped, orderly vehicle parking that will promote the continued harmonious and
compatible existence of the Church/House of Worship within the existing
surrounding residential neighborhood.

2.

The subject site is physically suitable for the type and intensity of land use
proposed.
The subject site consists of three residentially zoned lots that total 0.54 acres.
Once the lots are re-mapped into one, and construction is completed, the subject
site provides adequate parking and circulation for the type and intensity of the
land use proposed.

3.

Street or highway facilities providing access to the property are or will be


adequate in size to meet the requirements of the proposed use.
Adams Avenue is a 50-foot wide Local Street designed to carry a combination of
light commercial and residential traffic between minor collectors, major collectors,
and primary arterials. Adams Avenue is adequate in size to continue to meet the
requirements of the existing Church/House of Worship once expanded.

NE

VAR-66138, SUP-66140 and SDR-66141 [PRJ-64699]


Staff Report Page Six
December 13, 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.
Approval of the requested Special Use Permit for the expansion of an existing
Church/House of Worship will not compromise the public health, safety, or
welfare; nor will it be inconsistent with the General Plan as a Church/House of
Worship is allowed in a residentially zoned district with an approved Special Use
Permit.

5.

The use meets all of the applicable conditions per Title 19.12.
The proposed expansion of the existing Church/House of Worship has met all
applicable conditions per Title 19.12.

FINDINGS (SDR-66141)
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 expansion maintains a 21-foot front setback consistent with the
existing surrounding residential neighborhood front setback requirements for the
R-1 (Single Family Residential) zoning district of 20 feet. The proposed expansion
will continue to be compatible with 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 duly-adopted city plans, policies and standards;
The proposed development includes the expansion of a legal, nonconforming
Church/House of Worship which requires a side setback Variance to maintain the
existing 4.5-foot side setback for the building expansion to the north. Staff is
supporting this request to maintain a uniform building elevation and setback along
the western facade. In addition, exceptions have been requested for the parking
lot landscape requirements. Staff supports this request as well.

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;

NE

VAR-66138, SUP-66140 and SDR-66141 [PRJ-64699]


Staff Report Page Seven
December 13, 2016 - Planning Commission Meeting

Site access will continue to be provided by Adams Avenue, a 50-foot Local Street.
Once completed, the expanded and improved parking lot area will provide
necessary parking and improved site circulation, positively impacting adjacent
roadways and neighborhood traffic.
4.

Building and landscape materials are appropriate for the area and for the
City;
Building materials include a stucco finish and asphalt shingles which are
consistent with the existing residential homes in the area, and the proposed
landscape materials include Texas Rangers and Red Fountain Grass which are
appropriate for 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 proposed expansion has been designed to match and blend seamlessly with
the existing structure and will not be unsightly or obnoxious in appearance. Once
completed, the Church/House of Worship will provide an orderly and aesthetically
pleasing environment and will exists harmoniously with the existing surrounding
residential neighborhood.

6.

Appropriate measures are taken to secure and protect the public health,
safety and general welfare.
The proposed development is subject to building permit reviews and site
inspections during the construction phase. Once construction is completed, a final
inspection is performed before a Certificate of Occupancy is issued protecting the
public health, safety, and general welfare.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The Planning Commission voted (6-0) to hold VAR-66138, SUP-66140
10/11/16
and SDR-66141 in abeyance to the December 13, 2016 Planning
Commission meeting.

NE

VAR-66138, SUP-66140 and SDR-66141 [PRJ-64699]


Staff Report Page Eight
December 13, 2016 - Planning Commission Meeting

Most Recent Change of Ownership


A deed was recorded for a change in ownership for 903 West Adams
04/30/13
Avenue.
A deed was recorded for a change in ownership for 907 West Adams
09/09/93
Avenue.
A deed was recorded for a change in ownership for 906 West
05/07/99
Washington Avenue.

Related Building Permits/Business Licenses


A building permit application (#313677) was processed for on-sites for
a Church/House of Worship addition at 907 West Adams Avenue. The
application is pending the outcome of these applications.
04/13/16
A building permit application (#313169) was processed for a
Church/House of Worship addition at 907 West Adams Avenue. The
application is pending the outcome of these applications.

Pre-Application Meeting
A pre-application meeting was held where the submittal requirements
05/18/16
for a Variance, Special Use Permit, and Site Development Plan
Review were discussed.
Staff conducted a follow-up pre-application meeting to re-affirm the
08/08/16
application submittal requirements with the applicant.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.

Field Check

09/01/16

Staff performed a routine field check where the subject site(s) were
observed from both Adams Avenue and Washington Avenue. The
front of the building was fenced-off and forms were being installed for
a concrete pathway. The adjacent undeveloped lot to the east was free
of trash and debris, with the rear undeveloped lot south of the existing
church also being free of trash and debris.

Details of Application Request


Site Area
Net Acres
0.54

NE

VAR-66138, SUP-66140 and SDR-66141 [PRJ-64699]


Staff Report Page Nine
December 13, 2016 - Planning Commission Meeting

Surrounding
Property
Subject
Property
North
South
East
West

Existing Land
Use Per Title
19.12
Church/House of
Worship
Single Family,
Detached
Multi-Family
Residential
Single Family,
Detached
Single Family,
Detached

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

Existing Zoning
District
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
R-2 (Medium-Low
Density Residential)
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)

Master Plan Areas


Compliance
West Las Vegas Plan
Y*
Special Purpose and Overlay Districts
Compliance
Walkable Community Plan West Las Vegas
Y**
A-O (Airport Overlay) District 175 Feet
Y
Other Plans or Special Requirements
Compliance
Trails
N/A
Las Vegas Redevelopment Plan Area Redevelopment Area Expansion
Y***
Area 1
Project of Significant Impact (Development Impact Notification
N/A
Assessment)
Project of Regional Significance
N/A
*The West Las Vegas Plan seeks to preserve the character of existing neighborhoods.
** As discussed in the West Las Vegas Walkable Community Plan, houses of worship
provide residents locations to hold community events and socialize within their
neighbors while exploring their community.
***The goals and objectives of the Redevelopment Plan include rehabilitation and
redevelopment within Expansion Area 1.

NE

VAR-66138, SUP-66140 and SDR-66141 [PRJ-64699]


Staff Report Page Ten
December 13, 2016 - Planning Commission Meeting

DEVELOPMENT STANDARDS
Pursuant to 19.06, the following standards apply:
Standard
Required/Allowed
Min. Lot Size
6,500 SF
Min. Lot Width
60 Feet
Min. Setbacks
Front
20 Feet
Side
5 Feet
Corner
15 Feet
Rear
15 Feet
Max. Lot Coverage
50 %
Max. Building Height
35 Feet
Screened, Gated,
Trash Enclosure
w/ a Roof or Trellis

Provided
23,522 SF
100 Feet

Compliance
Y
Y

21 Feet
4 Feet
N/A
172 Feet
10 %
18 Feet

Y
N*
N/A
Y
Y
Y

N/A

N/A**

Condition
Y***
of Approval
*The applicant has requested a Variance (VAR-66138) to allow a four-foot side setback
where five feet is required. Staff supports this request.
** This is a residential neighborhood [R-1 (Single Family Residential) zoning district]
with curbside pick-up.
***A Condition of Approval has been added to ensure mechanical and electrical
equipment is screened in accordance with Title 19.08.
Mech. Equipment

Screened

Pursuant to Title 19.08, the following standards apply:


Landscaping and Open Space Standards
Required
Provided
Standards
Ratio
Trees
Buffer Trees:
North
1 Tree / 20 Linear Feet
4 Trees
4 Trees
South
1 Tree / 20 Linear Feet
3 Trees
1 Trees
East
1 Tree / 20 Linear Feet
15 Trees
0 Trees
West
1 Tree / 20 Linear Feet
15 Trees
0 Trees
TOTAL PERIMETER TREES
37 Trees
5 Trees
1 Tree / 6 Uncovered
Parking Area
Spaces, plus 1 tree at the
7 Trees
3 Trees
Trees
end of each row of
spaces

Compliance

Y
N*
N*
N*
N*
N*

NE

VAR-66138, SUP-66140 and SDR-66141 [PRJ-64699]


Staff Report Page Eleven
December 13, 2016 - Planning Commission Meeting

Landscaping and Open Space Standards


Required
Provided
Compliance
Standards
Ratio
Trees
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
15 Feet
10 Feet
N**
South
15 Feet
0 Feet
N**
East
8 Feet
0 Feet
N**
West
8 Feet
0 Feet
N**
Not
Y***
Wall Height
6 to 8 Feet Adjacent to Residential
Indicated
*An Exception has been requested to allow five trees where 37 were required for the
perimeter of the property, to allow one (1) parking lot landscape island where three (3)
were required, and to allow three (3) parking lot trees where seven (7) were required.
Staff supports this request.
**The applicant has requested Waivers of the landscape buffer requirements. Staff
supports the request.
***A Condition of Approval has been added to ensure compliance to Title 19.08.

Street Name
Adams Avenue

Functional
Classification of
Street(s)

Governing
Document

Local

Title 13

Actual
Street
Width
(Feet)
50

Complian
ce with
Street
Section
Y

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Parking
Parking
Gross
Floor
Handi
Handi
Use
Parking Ratio
Area or
Regula
Regula
Number
r
cappe
r
cappe
of Units
d
d
Church/
1 Space For Each
House
100 SF of Nonof
1,300 SF
Fixed Seating
13
Worshi
Area in the
p
Gathering Room
TOTAL SPACES REQUIRED
13
25
Regular and Handicap Spaces
12
1
23
2
Required

Y
Y

NE

VAR-66138, SUP-66140 and SDR-66141 [PRJ-64699]


Staff Report Page Twelve
December 13, 2016 - Planning Commission Meeting

Waivers
Requirement
A 15-foot wide landscape
buffer along the south
property line.
A 15-foot wide landscape
buffer along the north
property line.
An eight-foot wide landscape
buffer along the west and
east property lines.

Exceptions
Requirement
One landscape island for
every six parking spaces.

One 24-inch box tree every


20 linear feet with four (4)
five-gallon shrubs for each
required tree.
One (1) tree for every six (6)
uncovered spaces, plus one
(1) tree at the end of each
row of spaces.

Request
A zero-foot wide
landscape buffer
along the south
property line.
A ten-foot wide
landscape buffer
along the north
property line.
Zero-foot wide
landscape buffers
along portions of the
west and east
property lines.

Staff Recommendation

Request
To allow for one (1)
parking lot landscape
island where three
(3) are required.
To allow five (5) trees
where 37 trees are
required for the
perimeter landscape
buffers of the
property.
To allow three (3)
parking lot trees
where seven (7)
trees are required.

Staff Recommendation

Approval

Approval

Approval

Approval

Approval

Approval

NE

A 7 7 A

A 7 7 A b A 7

VAR-66138
A 7

b 7 7

77 7
77A

77

77777) 777 777 777b 7b 7


7b 77777777777 7
7 7777 77777 77
77777 77

77777 777b 7b 77 7b 7 7

7777 77777 7 77b 7 7


77A 777A 7 7 77777 777
777 777

b 7

A
77 7

7
77 77

77

7 77777b 77

A 7 A A
)7
b 77

777

A 7) 7 777

VAR-66138

VAR-66138, SUP-66140 and SDR-66141 - REVISED

VAR-66138, SUP-66140 and SDR-66141

VAR-66138, SUP-66140 and SDR-66141

VAR-66138, SUP-66140 and SDR-66141

VAR-66138 [PRJ-64699] - VARIANCE RELATED TO SUP-66140 AND SDR-66141 - APPLICANT: FAITH


TEMPLE - OWNER: COGIC FAITH TEMPLE TRUE HOLINESS, ET AL
903 AND 907 WEST ADAMS AVENUE AND 906 WEST WASHINGTON AVENUE
09/01/16

VAR-66138 [PRJ-64699] - VARIANCE RELATED TO SUP-66140 AND SDR-66141 - APPLICANT: FAITH


TEMPLE - OWNER: COGIC FAITH TEMPLE TRUE HOLINESS, ET AL
903 AND 907 WEST ADAMS AVENUE AND 906 WEST WASHINGTON AVENUE
09/01/16

VAR-66138 [PRJ-64699] - VARIANCE RELATED TO SUP-66140 AND SDR-66141 - APPLICANT: FAITH


TEMPLE - OWNER: COGIC FAITH TEMPLE TRUE HOLINESS, ET AL
903 AND 907 WEST ADAMS AVENUE AND 906 WEST WASHINGTON AVENUE
09/01/16

VAR-66138, SUP-66140 and SDR-66141 - REVISED

Agenda Item No.: 13.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - SUP-66140 - SPECIAL USE PERMIT RELATED TO VAR-66138 - PUBLIC
HEARING - APPLICANT: FAITH TEMPLE - OWNER: COGIC FAITH TEMPLE TRUE
HOLINESS, ET AL - For possible action on a request for a Special Use Permit FOR A
PROPOSED 2,408 SQUARE-FOOT CHURCH/HOUSE OF WORSHIP at 903 and 907 West
Adams Avenue and 906 West Washington Avenue (APNs 139-28-609-005, 006, and 013), R-1
(Single Family Residential) Zone, Ward 5 (Barlow) [PRJ-64699]. Staff recommends
APPROVAL.
MAY GO TO CITY COUNCIL ON 01/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

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-66140

SUP-66140

Agenda Item No.: 14.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - SDR-66141 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR66138 AND SUP-66140 - PUBLIC HEARING - APPLICANT: FAITH TEMPLE - OWNER:
COGIC FAITH TEMPLE TRUE HOLINESS, ET AL - For possible action on a request for a
Site Development Plan Review FOR A PROPOSED 1,073 SQUARE-FOOT ADDITION TO
AN EXISTING 1,335 SQUARE-FOOT CHURCH/HOUSE OF WORSHIP WITH WAIVERS
TO ALLOW A ZERO-FOOT WIDE LANDSCAPE BUFFER ALONG THE SOUTH
PROPERTY LINE AND A TEN-FOOT WIDE LANDSCAPE BUFFER ALONG A PORTION
OF THE NORTH PROPERTY LINE WHERE FIFTEEN FEET IS REQUIRED AND TO
ALLOW ZERO-FOOT WIDE LANDSCAPE BUFFERS ON PORTIONS OF THE WEST AND
EAST PROPERTY LINE WHERE EIGHT FEET IS REQUIRED on 0.54 acres at 903 and 907
West Adams Avenue and 906 West Washington Avenue (APNs 139-28-609-005, 006, and 013),
R-1 (Single Family Residential) Zone, Ward 5 (Barlow) [PRJ-64699]. Staff recommends
APPROVAL.
MAY GO TO CITY COUNCIL ON 01/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

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-66141

SDR-66141

Agenda Item No.: 15.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ZON-67385 - REZONING - PUBLIC HEARING - APPLICANT: SUNRISE CHILDREN''S
FOUNDATION - OWNER: CHURCH TRINITY LIFE CENTER - For possible action on a
request for a Rezoning FROM: R-1 (SINGLE FAMILY RESIDENTIAL) AND C-1 (LIMITED
COMMERCIAL) TO: C-V (CIVIC) on 3.09 acres located at 950 and 1000 East St. Louis
Avenue (APN 162-03-801-003), Ward 3 (Coffin) [PRJ-67381]. Staff recommends APPROVAL.
C.C.: 1/18/2017
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

ZON-67385 [PRJ-67381]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: SUNRISE CHILDREN'S FOUNDATION OWNER: CHURCH TRINITY LIFE CENTER

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
ZON-67385

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL.

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

315

APPROVALS

PROTESTS

26

NE

ZON-67385 [PRJ-67381]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request to Rezone 950 and 1000 East St. Louis Avenue from R-1 (Single
Family Residential) and C-1 (Limited Commercial) to C-V (Civic).

ISSUES

Rezoning the subject site from R-1 (Single Family Residential) and C-1 (Limited
Commercial) to C-V (Civic) will bring the subject site into compliance with the current
General Plan designation of PF (Public Facility).

ANALYSIS
The subject site currently has two zoning districts, R-1 (Single Family Residential) and
C-1 (Limited Commercial).
The Church/House of Worship is currently a legal, nonconforming land use in the R-1
(Single Family Residential) zoning district as the use was established prior to the
requirement of an approved Special Use Permit. By rezoning the subject site to C-V
(Civic), the subject site will be brought into compliance with both the General Plan
designation of PF (Public Facility), but also Title 19.10.020, which allows a
Church/House of Worship land use in the C-V (Civic) zoning district without the
necessity of a Special Use Permit.

FINDINGS (ZON-67385)
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 subject site has a General Plan designation of PF (Public Facility), which
supports the C-V (Civic) 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.
NE

ZON-67385 [PRJ-67381]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

The C-V (Civic) district provides for any public or quasi-public uses operated or
controlled by any recognized religious, fraternal, veteran, civic, or service
organization. Such uses include the Church/House of Worship currently on the
subject site today.
3.

Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
The existing Church/House of Worship is a legal, nonconforming land use since
the Church/House of Worship was established prior to the requirement of a
Special Use Permit set forth by Title 19.12 for a Church/House of Worship use in
the R-1 (Single Family Residential) zoning district. Rezoning the subject site to CV (Civic) aligns the subject site with the current General Plan designation of PF
(Public Facility), and brings the Church/House of Worship structure and use into
compliance with Title 19.10 and Title 19.12.

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 subject site is provided from St. Louis Avenue, an 80-foot Major
Collector as classified by the Master Plan of Streets and Highways. St. Louis
Avenue provides adequate vehicular capacity for the existing Church/House of
Worship.

Rezoning the subject site from R-1 (Single Family Residential) and C-1 (Limited
Commercial) to C-V (Civic) will bring the property into compliance with the existing General
Plan designation of PF (Public Facility); therefore, staff is recommending approval of this
application.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
Code Enforcement processed a complaint (#48743) for a dumpster next
12/20/06
to a block wall with no lid allowing for the trash to escape on windy days
at 1000 East St. Louis Avenue. The case was resolved on 12/21/06.
Code Enforcement processed a complaint (#48803) for a trailer parked
12/26/06
in the rear parking lot and the location of the trash dumpster at 1000
East St. Louis Avenue. The case was resolved on 01/10/07.
Code Enforcement processed a complaint (#64804) for the trash bin
04/21/08
being located too close to residential property at 1000 East St. Louis
Avenue. The case was resolved on 05/12/08.

NE

ZON-67385 [PRJ-67381]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

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


Code Enforcement processed a complaint (#68957) for a motorhome
08/21/08
parked in the parking lot at 1000 East St. Louis Avenue. The case was
resolved on 08/21/08.

Most Recent Change of Ownership


05/14/92
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#283302) was issued for a new roof at 950 East St.
10/05/88
Louis Avenue. The permit expired on 12/21/96.
A building permit (#283303) was issued for a sign at 950 East St.
01/20/89
Louis Avenue. The permit expired on 12/21/96.
A building permit (#266475) was issued for low voltage electrical at
08/05/14
950 East St. Louis Avenue. The permit remains open.
A building permit application (#325345) was submitted for a tenant
09/01/16
improvement at 950 East St. Louis Avenue. The permit application
remains under review.
A building permit application (#327619) was submitted for a shade
10/10/16
structure at 950 East St. Louis Avenue. The permit application remains
under review.
Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
10/24/16
requirements for a rezoning application were discussed.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.

Field Check
11/03/16

During a routine site visit, staff observed the subject site to be wellmaintained and free of debris and graffiti.

Details of Application Request


Site Area
Net Acres
3.09

NE

ZON-67385 [PRJ-67381]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

Surrounding
Property
Subject
Property
North
South
East
West

Existing Land
Use Per Title
19.12
Church/House of
Worship
Single Family,
Detached

Planned or Special
Land Use
Designation

Vacant

C (Commercial)

City Park
Single Family,
Detached

PR-OS
L (Low Density
Residential)

PF (Public Facility)
L (Low Density
Residential)

Existing Zoning
District
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
C-1 (Limited
Commercial)
C-V (Civic)
R-1 (Single Family
Residential)

Master Plan Areas


Beverly Green / Southridge Neighborhood
Special Purpose and Overlay Districts
A-O (Airport Overlay) District 175 Feet
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification
Assessment)
Project of Regional Significance

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

Street Name

Functional
Classification
of Street(s)

Governing
Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

St. Louis
Avenue

Major Collector

Master Plan of Streets


and Highways

80

NE

ZON-67385

ZON-67385

ZON-67385

ZON-67385

ZON-67385

ZON-67385

ZON-67385

ZON-67385 [PRJ-67381] - REZONING - APPLICANT: SUNRISE CHILDREN'S FOUNDATION - OWNER:


CHURCH TRINITY LIFE CENTER
950 AND 1000 EAST ST. LOUIS AVENUE
11/03/2016

ZON-67385 [PRJ-67381] - REZONING - APPLICANT: SUNRISE CHILDREN'S FOUNDATION - OWNER:


CHURCH TRINITY LIFE CENTER
950 AND 1000 EAST ST. LOUIS AVENUE
11/03/2016

ZON-67385 [PRJ-67381] - REZONING - APPLICANT: SUNRISE CHILDREN'S FOUNDATION - OWNER:


CHURCH TRINITY LIFE CENTER
950 AND 1000 EAST ST. LOUIS AVENUE
11/03/2016

ZON-67385 [PRJ-67381] - REZONING - APPLICANT: SUNRISE CHILDREN'S FOUNDATION - OWNER:


CHURCH TRINITY LIFE CENTER
950 AND 1000 EAST ST. LOUIS AVENUE
11/03/2016

ZON-67385

ZON-67385

ZON-67385

Agenda Item No.: 16.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-67490 - VARIANCE - PUBLIC HEARING - APPLICANT: THUNDERBIRD HOTEL OWNER: 1215 S LAS VEGAS BLVD, LLC - For possible action on a request for a Variance
TO ALLOW A 76 SQUARE-FOOT PROJECTING SIGN WHERE 32 SQUARE FEET IS THE
MAXIMUM ALLOWED AND TO ALLOW THE SIGN TO BE FOUR FEET ABOVE THE
RAFTER LINE WHERE ONE FOOT IS THE MAXIMUM ALLOWED on 1.72 acres at 1215
South Las Vegas Boulevard (APN 162-03-112-029), C-2 (General Commercial) and C-1
(Limited Commercial) Zones, Ward 3 (Coffin) [PRJ-67404]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcard

VAR-67490 [PRJ-67404]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: THUNDERBIRD HOTEL - OWNER: 1215 S LAS
VEGAS BLVD, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

VAR-67490

Staff recommends APPROVAL, subject to conditions:

REQUIRED FOR
APPROVAL

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

275

APPROVALS

PROTESTS

32

JB

VAR-67490 [PRJ-67404]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-67490 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Architectural Sign


Review (ARC-67492) 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.
Public Works

6.

Submit a License Agreement for signage and private improvements in the Las
Vegas Boulevard South public right-of-way prior to the issuance of permits for
these improvements. The applicant must carry an insurance policy for the term of
the License 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 within the public right-of-way at the applicant's expense pursuant to the
terms of the City's License 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 License Agreement. Coordinate all requirements for the License
Agreement with the Land Development Section of the Department of Building and
Safety (229-4836).

7.

Contact the City Engineers Office at 702-229-6272 to coordinate the development


of this project with the City of Las Vegas Capital Projects Management Las Vegas
Boulevard Widening Phase 2 project, and any other public improvement projects
adjacent to this site. Comply with the recommendations of the City Engineer.
JB

VAR-67490 [PRJ-67404]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The applicant has requested a Variance to allow a 76 square-foot projecting sign where
32 square feet is the maximum allowed and to allow the sign to be four feet above the
rafter line where one-foot is the maximum allowed at an existing Hotel/Casino located at
1215 South Las Vegas Boulevard.

ISSUES

The applicant has proposed to renovate an existing projecting sign located on the
west elevation of the subject site facing Las Vegas Boulevard.

ANALYSIS
The subject property is located within the Downtown Centennial Plan Downtown
South District and Scenic Byway Overlay District. The applicant is proposing to renovate
an existing projecting sign located on the west elevation of the existing building facing
Las Vegas Boulevard. It appears that the proposed signage is all located within existing
public right-of-way. This right-of-way is currently encumbered by a private patio and
other private improvements, including signage, for the abutting Aruba (Thunderbird)
building. Staff notes that Las Vegas Boulevard Widening Project Phase 2 public
improvement project is adjacent to this site, and recommend that any approval of such
encroachments shall be temporary and subject to a License Agreement requiring the
applicant to remove these encroachments at the applicants expense if they are in
conflict with the public improvement project. The existing sign was previously approved
with a 6.66 foot projection from the building elevation and an approved encroachment
permit is already in place. No variance is required for this development standard.
The existing sign spells out the word Aruba vertically with a large multi-colored bird
(thunderbird) located on the top of the sign. The applicant has proposed to renovate the
sign to spell out the word Thunderbird vertically, resulting in a sign area of 65.1 square
feet with a 10 square-foot video board at the bottom of the sign, which has resulted in a
larger sign area and higher placement on the building faade. The proposed
renovations to the existing sign have resulted in a sign which is three feet above the
allowable one-foot maximum above the rafter line and exceeds the allowable 32 square
feet in area. The proposed sign remains in compliance with all Scenic Byway Overlay
illumination requirements, which require 75% exposed neon, animation, or any
combination thereof.
JB

VAR-67490 [PRJ-67404]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

One of the most important intrinsic qualities that the Downtown Las Vegas Boulevard
Scenic Byway possesses is the nighttime scenic aspect derived from the vast amounts
of neon used in signage. The Scenic Byway Corridor Management Plan outlines
positive scenic features which include 1950s era motels and signage which reference
the classic streetscape of the Boulevard and provide a visual model of what the Strip
resembled prior to the era of mega resorts. Staff has determined that the proposed
renovations to the existing projecting sign are consistent with the intent of the Scenic
Byway Corridor Management Plan; therefore, staff recommends approval with
conditions.

FINDINGS (VAR-67490)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City
Council, in considering the merits of a Variance request, shall not grant a Variance in
order to:
1.
2.
3.

Permit a use in a zoning district in which the use is not allowed;


Vary any minimum spacing requirement between uses;
Relieve a hardship which is solely personal, self-created or financial in nature.

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.
Evidence of a unique circumstance has been presented, in that the proposed sign
renovation is located within the Scenic Byway Overlay, which outlines positive scenic
features which include 1950s era motels signage. In addition, the proposed larger sign
size will not be a detriment to public good or natural resources. It has been concluded
that the applicants hardship is not preferential in nature, and it is thereby within the
realm of NRS Chapter 278 for granting of Variances.

JB

VAR-67490 [PRJ-67404]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Downtown Design Review Committee approved a request for a
11/29/11
Signage Design Review (ARC-43694) for an existing Hotel at 1215
South Las Vegas Boulevard.
The Downtown Design Review Committee administratively approved a
request for a Signage Design Review (ARC-54874) for a proposed
07/24/14
illuminated wall sign at an existing Hotel at 1215 South Las Vegas
Boulevard.

Most Recent Change of Ownership


11/30/15
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A Code Enforcement case (#43166) was processed for illegal sign (No
06/12/06
Vacancy) has been turned on at 1215 South Las Vegas Boulevard.
The case was resolved on 06/15/06.
A building permit (#6007168) was issued for a sign (Aruba Hotel) at
11/30/06
1215 South Las Vegas Boulevard. The permit has not been finalized.
A Code Enforcement case (#50857) was processed for illegal banners
02/27/07
Aruba Hotel/Thunderbird Lounge at 1215 South Las Vegas
Boulevard. The case was resolved on 03/07/07.
A Code Enforcement case (#102322) was processed for illegal nonpermitted wall sign on southwest side of building "Aruba" in neon with
05/26/11
accessory sign cabinets surround it at 1215 South Las Vegas
Boulevard. The case was resolved on 07/14/11.
A building permit (#192376) was processed for an exposed neon sign
07/25/11
(Aruba Hotel) at 1215 South Las Vegas Boulevard. The permit was not
issued.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the
10/25/16
submittal requirements for a Variance.

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

JB

VAR-67490 [PRJ-67404]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

Field Check
11/03/16

A field check was conducted on the subject property, which revealed a


well maintained commercial development.

Details of Application Request


Site Area
Net Acres
1.72

Surrounding
Property
Subject
Property

Existing Land
Use Per Title
19.12

Planned or Special
Land Use
Designation

Restaurant
C (Commercial)
Hotel/Casino

North

Hotel

C (Commercial)

South

General Retail

C (Commercial)

Single-Family
Residential
General Retail
Sexually Oriented
Business

L (Low Density
Residential)

East
West

C (Commercial)

Master Plan Areas


Downtown Centennial Plan
John S. Park Historic Neighborhood
Special Purpose and Overlay Districts
Downtown Centennial Plan Overlay District Downtown South
Las Vegas Boulevard Scenic Byway Overlay District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification
Assessment)
Project of Regional Significance

Existing Zoning
District
C-1 (Limited
Commercial)
C-2 (General
Commercial)
C-1 (Limited
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)
R-1 (Single Family
Residential)
C-2 (General
Commercial)

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

JB

VAR-67490 [PRJ-67404]
Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

*The proposed sign does not meet the development standards outlined in Title 19.08
and 19.10.160. The applicant has requested a Variance to allow a 76 square-foot
projecting sign where 32 square feet is the maximum allowed and to allow the sign to be
four feet above the rafter line where one foot is the maximum allowed.

DEVELOPMENT STANDARDS
Pursuant to Title 19.08, 19.10.160, the following standards apply:
Projecting Signs West Elevation
Standards
Allowed
Provided
Maximum Number
1 per sign entrance
1 per sign entrance
65.1 SF w/ 10 SF video
Maximum Area
32 SF
board
1 foot above eave or
Maximum Height
rafter line, whichever is
4 feet above rafter line
higher
Minimum Setback

3 feet from back of curb

8 feet from back of curb

Compliance
Y
N
N
Y

Maximum
Projection
Minimum
Clearance

6 feet from building


6.66 feet from building
Y*
elevation
elevation
8 feet from ground to
11 feet from ground to
Y
bottom of sign
the bottom of sign
Cannot be located on
No freestanding sign is
Other
same property as a
located on the subject
Y
freestanding sign
property
75% exposed neon,
87% exposed neon w/
Illumination
animation, or any
Y
10 SF video board
combination thereof
*The proposed projecting sign is replacing an existing projecting sign of similar design
which was already approved with a 6.66-foot projection from the building elevation. No
variance is required for this development standard.

JB

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VAR-67490 [PRJ-67404] - VARIANCE - APPLICANT: THUNDERBIRD HOTEL - OWNER: 1215 S LAS


VEGAS BLVD, LLC
1215 SOUTH LAS VEGAS BOULEVARD
11/03/2016

VAR-67490 [PRJ-67404] - VARIANCE - APPLICANT: THUNDERBIRD HOTEL - OWNER: 1215 S LAS


VEGAS BLVD, LLC
1215 SOUTH LAS VEGAS BOULEVARD
11/03/2016

VAR-67490 [PRJ-67404] - VARIANCE - APPLICANT: THUNDERBIRD HOTEL - OWNER: 1215 S LAS


VEGAS BLVD, LLC
1215 SOUTH LAS VEGAS BOULEVARD
11/03/2016

VAR-67490 [PRJ-67404] - VARIANCE - APPLICANT: THUNDERBIRD HOTEL - OWNER: 1215 S LAS


VEGAS BLVD, LLC
1215 SOUTH LAS VEGAS BOULEVARD
11/03/2016

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Agenda Item No.: 17.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
WVR-67425 - WAIVER - PUBLIC HEARING - APPLICANT: NINETY FIVE
MANAGEMENT, LLC - OWNER: SECTION 12, LLC - For possible action on a request for a
Waiver TO ALLOW AN 84-FOOT INTERNAL INTERSECTION OFFSET WHERE 125 FEET
IS THE MINIMUM REQUIRED on 22.60 acres at the northwest corner of Grand Teton Drive
and Skye Village Road (APN portion of 126-12-000-001), T-D (Traditional Development) Zone,
[ML (Residential Medium-Low) Skye Canyon Special Land Use Designation], Ward 6 (Ross)
[PRJ-67365]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
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 - WVR-67425 and TMP-67366 [PRJ-67365]
2. Conditions and Staff Report - WVR-67425 and TMP-67366 [PRJ-67365]
3. Supporting Documentation - WVR-67425 and TMP-67366 [PRJ-67365]
4. Photo(s) - WVR-67425 and TMP-67366 [PRJ-67365]
5. Justification Letter - WVR-67425 and TMP-67366 [PRJ-67365]
6. Support Comment for WVR-67425 [PRJ-67365] and Support Postcard for TMP-67366 [PRJ67365]

WVR-67425 and TMP-67366 [PRJ-67365]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: NINETY FIVE MANAGEMENT, LLC - OWNER:
SECTION 12, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
WVR-67425
TMP-67366

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

REQUIRED FOR
APPROVAL

WVR-67425

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

813

APPROVALS

PROTESTS

35

FS

WVR-67425 and TMP-67366 [PRJ-67365]


Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

WVR-67425 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.

TMP-67366 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.

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

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.

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WVR-67425 and TMP-67366 [PRJ-67365]


Conditions Page Two
December 13, 2016 - Planning Commission Meeting

4.

In conjunction with creation, declaration and recordation of the subject commoninterest 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.

5.

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


Subdivision Statutes.

Public Works
6.

The Parent Phase Final Map for Skye Canyon Phase II, FMP-61563, shall record
prior to the recordation of the Final Map for this site to provide legal access.

7.

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 Homeowner's Association.

8.

If not already constructed or guaranteed by the master developer, construct half


street improvements on Grand Teton Drive and Skye Village Road including
appropriate overpaving (where legally able) adjacent to this site concurrent with
development. Install all appurtenant underground facilities, if any, adjacent to this
site needed for the future traffic signal system concurrent with development of this
site. Extend all required underground utilities, such as electrical, telephone, etc.,
located within public rights-of-way, past the boundaries of this site prior to
construction of hard surfacing (asphalt or concrete). Per condition #17of the Skye
Canyon II Parent Tentative Map (TMP-65803), if not already constructed or
guaranteed by the master developer, a minimum two lanes of asphalt pavement on
village streets providing the main access to this site and a working sanitary sewer
connection shall be provided prior to a final inspection of any dwelling units within
this Tentative Map.
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WVR-67425 and TMP-67366 [PRJ-67365]


Conditions Page Three
December 13, 2016 - Planning Commission Meeting
9.

Per condition of approval #14 of the Skye Canyon II Parent Tentative Map (TMP65803), grant Pedestrian Access Easements for all sidewalks located outside of
the public street right of way by adding a note within the Owner's Certificate on
each Final Map to read, "A minimum 5-foot wide pedestrian walkway easement is
hereby granted overlying all sidewalks located in common areas abutting public
streets, where such sidewalks are not located within public street right of way,
together with the right of ingress thereto and egress therefrom these easements."

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. Per
condition of approval # 19 of the Skye Canyon II Parent Tentative Map (TMP65803), landscaping within calculated Site Visibility Restriction Zones (SVRZs) will
be limited in height by the City Traffic Engineer.
11. Grant a 30-foot Public Sewer Easement on Common Lot O adjacent to Common
Element I. No structures, and no trees or vegetation taller than three feet, shall
be allowed within any Public Sewer Easements.
12. This site will be a part of Special Improvement District 609. Prior to the release of
a Final Map for recordation on this site, the property owner must contact the
Special Improvement District Section of the Department of Public Works (702229-2136) acknowledging a per lot assessment of all lots that will be created
through a Final Map for this site. The City shall prepare an apportionment report
following recordation of the Final Map.
13. 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 the approved Development Agreement.
14. A Drainage Plan and Technical Drainage Study must be submitted to and
approved by the Department of Public Works prior to the issuance of any building
or grading permits, submittal of any construction drawings or the submittal of a
Map subdividing this site, whichever may occur first. Provide and improve all
drainage ways 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.
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WVR-67425 and TMP-67366 [PRJ-67365]


Conditions Page Four
December 13, 2016 - Planning Commission Meeting

15. The approval of all Public Works related improvements shown on this Tentative
Map is in concept only. Specific design and construction details relating to size,
type and/or alignment of improvements, including but not limited to street, sewer
and drainage improvements, shall be resolved prior to approval of the construction
plans by the City. No 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.
16. Comply with all applicable conditions of approval for the Sky Canyon II Parent
Tentative Map (TMP-65803) and any other site related actions

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WVR-67425 and TMP-67366 [PRJ-67365]


Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The request is for a 100-lot single family residential subdivision on 20.30 acres within
parcel 2.28 of the Skye Canyon Master Plan Area. A Waiver has been requested to
allow an internal intersection offset of 84 feet where is 125 feet is required.
ISSUES

The recordation of the Parent Final Map for Skye Canyon Phase II (FMP-61563) is
required prior to the recordation of any builder parcel final map.

A Waiver has been requested to allow an internal intersection offset of 84 feet


where is 125 feet is required. Staff recommends approval of the request.

This 100-lot residential development will be built to Skye Canyon R-1 (Single
Family Residential) standards in accordance with the approved Sky Canyon
Development Standards. Staff recommends approval of the Tentative Map request

ANALYSIS
The subject property is part of the Skye Canyon Master Plan Area, which is governed
by a Development Agreement between the Master Developer and the City of Las
Vegas, as well as the Skye Canyon Development Standards.
The Skye Canyon Land Use Plan designates the subject property as ML (Residential
Medium-Low), which allows up to 15 residential units per gross acre with an overall
average of 8.49 units per acre. The proposed density of 4.93 dwelling units per acre
falls within the maximum allowed. The dwelling units will be constructed to the Skye
Canyon R-1 (Single Family Residential) standard, which call for a single family
detached product with a minimum lot size of 4,500 square feet. All proposed lot sizes
are greater than 5,250 square feet, which exceeds the district minimum. As this site is
part of a master plan with its own improvement standards, it is not subject to Title 19.04
street section requirements; however, it must comply with the applicable Skye Canyon
street sections. The correct street sections have been depicted on the map in
accordance with the Skye Canyon Village Street and Trail Exhibit.
The submitted east/west cross section depicts maximum natural grade greater than two
percent across the site. Per the Skye Canyon Development Standards, retaining walls
with a maximum height of six feet (exterior) and eight feet (interior) are allowed along
the perimeter of the site. The cross sections are in compliance with these requirements.
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WVR-67425 and TMP-67366 [PRJ-67365]


Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

FINDINGS (WVR-67425)
The Department of Public Works has no objection to the proposed internal intersection
offset of 84 feet where 125 feet is required; therefore staff recommends approval of the
Waiver request.

FINDINGS (TMP-67366)
All Skye Canyon Development Standards and NRS 278 technical requirements
regarding tentative maps are satisfied. Therefore, staff recommends approval of the
subject tentative map with conditions.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a Resolution (R-176-2004) adopting
12/01/04
guidelines for development within the Kyle Canyon Gateway area
The City Council approved a request (GPA-9167) to amend a portion
of the Centennial Hills Sector Plan of the General Plan to change land
use designations from PCD (Planned Community Development), SC
01/18/06
(Service Commercial) and PF (Public Facilities) to TND (Traditional
Neighborhood Development) on 1,712 acres generally located north of
Grand Teton Drive, between Puli Road and Fort Apache Road. The
Planning Commission and staff recommended approval.
The City Council approved a request to amend the Master Plan of
Streets and Highways (MSH-21013) to select the Northern Alternative
Freeway/Expressway Alignment for Sheep Mountain Parkway and to
05/16/07
remove the Southern Alternative Freeway/Expressway Alignment from
the Master Plan of Streets and Highways. The Planning Commission
and staff recommended approval.
The City Council approved a Development Agreement (DIR-21605)
between Kyle Acquisition Group, LLC and the city of Las Vegas on
1,712 acres at the southwest corner of Fort Apache Road and
Moccasin Road for the development of the Kyle Canyon Master Plan.
05/16/07
The Planning Commission and staff recommended approval. In a
related item, the City Council voted to approve a Parks Agreement
between Kyle Acquisition Group, LLC and the city of Las Vegas. Staff
recommended approval.

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WVR-67425 and TMP-67366 [PRJ-67365]


Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

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


The City Council approved a request for a Rezoning (ZON-20543)
from U (Undeveloped) [TND (Traditional Neighborhood Development)
General Plan Designation] and R-E (Residence Estates) to T-D
(Traditional Development) on 1,712 acres at the southwest corner of
05/16/07
Fort Apache Road and Moccasin Road. The Kyle Canyon
Development Standards and Design Guidelines were approved as part
of this action. The Planning Commission and staff recommended
approval.
The City Council adopted Ordinance No. 5910, thereby adopting the
05/16/07
Development Agreement between Kyle Acquisition Group, LLC and
the city of Las Vegas.
The Development Agreement between Kyle Acquisition Group, LLC
and the city of Las Vegas was recorded in the Office of the County
06/20/07
Recorder. The approved Parks Agreement was recorded together with
the Development Agreement. This is the Effective Date of the
Development Agreement.
The City Council approved a Major Modification (MOD-22589) of the
Kyle Canyon Development Standards and Design Guidelines to
08/08/07
realign Iron Mountain Road between Hualapai and Grand Canyon
Drive, and to add street cross sections. The Planning Commission and
staff recommended approval
The City Council approved a parent Tentative Map (TMP-22586) for a
213- lot mixed use subdivision on the Community property. The
8/15/07
Planning Commission and staff recommended approval. This map was
expunged by TMP-25492.
The City Council approved a parent Tentative Map (TMP-22586) for a
213- lot mixed use subdivision on the Community property. The
08/15/07
Planning Commission and staff recommended approval. This map was
expunged by TMP-25492.
The City Council approved a Petition to Annex (ANX-21949) 15.56
acres generally located on the south side of Kyle Canyon Road,
approximately 1,030 feet east of Shaumber Road; and a Petition to
09/05/07
Annex (ANX-21950) 5.15 acres generally located on the south side of
Kyle Canyon Road, east of Alpine Ridge Way. The Planning
Commission and staff recommended approval. The effective date of
the annexations was 09/14/07.

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WVR-67425 and TMP-67366 [PRJ-67365]


Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

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


The City Council approved a request (GPA-20469) to amend the
Centennial Hills Sector Plan of the General Plan to change land use
designations from PCD (Planned Community Development) and SC
(Service
Commercial)
to
TND
(Traditional
Neighborhood
Development) on 7.27 acres on the west side of Oso Blanca Road,
approximately 2,190 feet south of Kyle Canyon Road. The City Council
09/19/07
also approved a Rezoning (ZON-22351) from U (Undeveloped) [PCD
(Planned Community Development) General Plan Designation], C-1
(Limited Commercial) and C-2 (General Commercial) to TD
(Traditional Development) on the same 7.27 acres. This action also
updated the Kyle Canyon Development Standards and Design
Guidelines. The Planning Commission and staff recommended
approval.
The City Council approved a request (ZON-20475) to establish a
Gaming Enterprise Overlay District on 51.38 acres at the southeast
corner of Hualapai Way and Oso Blanca Road. The City Council also
09/19/07
approved a Special Use Permit (SUP-20478) for a Non-Restricted
Gaming use on this site. The Planning Commission and staff
recommended approval.
Staff completed the first Final Map Technical Review for the Kyle
Canyon Gateway Parent Final Map (FMP-24541) and conducted a
workshop pursuant to Subsection 3.05(c)(ii) of the Development
Agreement to discuss comments with the Master Developer. The Final
Map was deemed not to be in substantial compliance with the
10/23/07
approved parent Tentative Map (TMP- 22586). Staff and the Master
Developer agreed to retain the Final Map and have the Master
Developer submit a new Tentative Map that matched the Final Map.
The Final Map would be subject to a subsequent review once the
Tentative Map was approved.
The Planning Commission approved a parent Tentative Map (TMP12/20/07
25492) for a 105-lot mixed-use subdivision on the 1,712-acre
Community property. Staff recommended approval.
Planning and Development and Public Works Department staff
conditionally approved a Final Map Technical Review for the Kyle
01/31/08
Canyon Gateway Parent Final Map (FMP-24541). As of 07/06/09,
Final Map mylars based on the current Tentative Map have not been
submitted for staff review.

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WVR-67425 and TMP-67366 [PRJ-67365]


Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

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


The City Council approved a request (MSH-25695) to amend the
Master Plan of Streets and Highways to rename Horse Drive west of
Grand Canyon Drive to Kyle Heights Parkway; to realign a portion of
the Iron Mountain Road alignment between Horse Drive and the
Northern Beltway; to reclassify various streets as identified by the
special design designations adopted as part of the Kyle Canyon
Development Standards and Design Guidelines; and to add or remove
02/06/08
various roadway segments. The Planning Commission and staff
recommended approval. The City Council also approved a Major
Modification (MOD-25875) of the Kyle Canyon Development
Standards and Design Guidelines to amend various street names and
to clarify street cross section drawings within the Community. A
subsequent Street Name Change application will be required prior to
issuance of the first residential permit in the Community. The Planning
Commission and staff recommended approval.
The City Council tabled a Petition to Vacate a BLM right-of-way grant
generally located north of Grand Teton Drive, south of Moccasin Road,
between Puli Road and Fort Apache Road (VAC-23811). The area to
be vacated was the original alignment of Sheep Mountain Parkway.
02/06/08
The Planning Commission and staff had recommended approval. The
Petition cannot record until Section 1 Land, Providence Land, and
On-Property Land are dedicated to the city for creation of the right-ofway for the northern alignment of Sheep Mountain Parkway, pursuant
to Subsection 7.05(a)(v) of the Development Agreement.
The City Council approved a required review (DIR-28767) of a
development report pursuant to Subsection 9.01 of the Kyle Canyon
08/06/08
Development Agreement. Staff recommended approval. A condition of
approval required a follow-up review on 10/01/08.
Wachovia Bank, National Association, acting as the managing creditor
of 41 creditors, foreclosed on the Kyle Canyon property. A new entity
09/23/08
called KAG Property, LLC was formed to assume ownership of the
Kyle Canyon property.
The City Council approved a follow-up required review (DIR-29916) of
a development report pursuant to Subsection 9.01 of the Kyle Canyon
12/03/08
Development Agreement between the city of Las Vegas and Kyle
Acquisition Group, LLC (abeyed from 10/01/08). Staff recommended
approval.
Notice of Noncompliance and Opportunity to Cure was sent to KAG
02/02/09
Property, LLC for failure to commence construction of Indian Hills Park
prior to 09/13/08.

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WVR-67425 and TMP-67366 [PRJ-67365]


Staff Report Page Six
December 13, 2016 - Planning Commission Meeting

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


The City Council approved the required review (DIR-34955) of a
08/05/09
development report pursuant to Subsection 9.01 of the Kyle Canyon
Development Agreement. Staff recommended approval.
The City Council approved an Extension of Time (EOT-35315) of a
previously approved Special Use Permit (SUP-20478) for a proposed
09/02/09
Non-Restricted Gaming Facility at the southwest corner of Oso Blanca
Road and Hualapai Way alignment. Staff recommended approval.
The Master Developer presented to the city a summary report from
Hart Howerton Strategic Planning Consultants outlining a strategic
10/02/09
plan and recommendations for development of the Kyle Canyon
property.
The City Council approved a required review (DIR-38680) of a
08/04/10
development report pursuant to Subsection 9.01 of the Kyle Canyon
Development Agreement. Staff recommended approval.
The City Council approved a request or possible action on a request
for required review (DIR-42369) of a development report as required
08/17/11
by Subsection 9.01 of that certain Development Agreement between
the city of Las Vegas and Kyle Acquisition Group, LLC dated August 8,
2007. Staff recommended approval.
The City Council approved an Extension of Time (EOT-43127) of a
previously approved Special Use Permit (SUP-20478) for a proposed
10/19/11
Non-Restricted Gaming Facility at the southwest corner of Oso Blanca
Road and Hualapai Way alignment. Staff recommended approval.
The City Council approved a request to Amend the Master Plan of
Streets and Highways (GPA-41958) to realign Sheep Mountain
11/16/11
Parkway between Grand Teton Drive and Fort Apache Road and
delete master planned roadways within the Kyle Canyon master plan
area. Planning Commission and staff recommended approval.
The City Council approved a request for a Petition to Vacate (VAC11/16/11
42250) portions of the Sheep Mountain Parkway right-of-way grant.
Planning Commission and staff recommended approval.
The City Council approved a request regarding the amending of the
Development Agreement (DIR-42266) for the Kyle Canyon
Development on approximately 1,662 acres at the southwest corner of
11/16/11
Fort Apache Road and Moccasin Road. Planning Commission and
staff recommended approval. The Development Agreement (Doc.
#201206260000001) was recorded on 06/26/12.
The Planning Commission approved a Tentative Map (TMP-53058) for
a 45- lot subdivision (Parent Tentative Map) on 1,661.8 acres
04/08/14
approximately 1,800 feet north of Horse Drive on the west side of Oso
Blanca Road. Staff recommended approval.

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WVR-67425 and TMP-67366 [PRJ-67365]


Staff Report Page Seven
December 13, 2016 - Planning Commission Meeting

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


City staff issued an action letter for a Final Map Technical Review
(FMP- 53700) for a proposed four-pod residential subdivision (Skye
05/08/14
Canyon Phase 1 Parent Map) on 163.65 acres at the northwest corner
of Grand Teton Drive and Grand Canyon Drive.
The Planning Commission approved a Petition to Vacate (VAC-53843)
Bureau of Land Management Right-of-Way Grant Easement generally
06/10/14
located north of the northern alignment of Grand Teton Drive between
Hualapai Way and Grand Canyon Drive. Staff recommended approval.
The Planning Commission approved a Tentative Map (TMP-53895) for
a 173-lot single-family subdivision (Skye Canyon Parcel 1.2) on 37.99
06/10/14
acres on the southwest corner of Horse Drive and Grand Canyon
Drive. Staff recommended approval.
The Planning Commission approved a Tentative Map (TMP-53908) for
a 209-lot single-family subdivision (Skye Canyon Parcel 1.3) on 40.90
06/10/14
acres on the northeast corner of Grand Teton Drive and Hualapai
Way. Staff recommended approval.
The Planning Commission approved a Tentative Map (TMP-53911) for
a 204-lot single-family subdivision (Skye Canyon Parcel 1.4) on 33.61
06/10/14
acres on the northwest corner of Grand Teton Drive and Grand
Canyon Drive. Staff recommended approval.
The Planning Commission approved a Tentative Map (TMP-53897) for
a 157-lot single-family subdivision (Skye Canyon Parcel 1.1) on 35.28
07/08/14
acres on the southeast corner of Horse Drive and Hualapai Way. Staff
recommended approval.
The City Council approved a request or possible action on a request
for required review (DIR-54776) of a development report as required
08/06/14
by Subsection 9.01 of that certain Development Agreement between
the city of Las Vegas and Kyle Acquisition Group, LLC dated August 8,
2007. Staff recommended approval.
The City Council approved an Extension of Time (EOT-55920) of a
previously approved Special Use Permit (SUP-20478) for a proposed
11/05/14
Non-Restricted Gaming Facility at the southwest corner of Oso Blanca
Road and Hualapai Way alignment. Staff recommended approval.
The Planning Commission approve a Petition to Vacate (VAC-56656)
a four-foot wide pedestrian access easement generally located
12/09/14
approximately 1,461 feet east of the intersection of Hualapai Way and
Eagle Canyon Avenue. Staff recommended approval.
City staff issued an action letter for a Final Map Technical Review
(FMP- 56855) for a 125-lot single-family residential subdivision (Skye
12/10/14
Canyon Parcel 1.3 Phase 1) on 25.49 acres on the north side of
Grand Teton Drive, approximately 1,210 feet west of Grand Canyon
Drive. The map recorded on 02/11/15 (Book 148, Page 67).
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WVR-67425 and TMP-67366 [PRJ-67365]


Staff Report Page Eight
December 13, 2016 - Planning Commission Meeting

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


City staff issued an action letter for a Final Map Technical Review
(FMP- 56863) for a 94-lot single-family residential subdivision (Skye
12/10/14
Canyon Parcel 1.1 Phase 1) on 19.85 acres at the southwest corner
of Horse Drive and Skye Park Drive. The map recorded on 02/11/15
(Book 148, Page 65).
City staff issued an action letter for a Final Map Technical Review
(FMP- 57264) for an 84-lot single-family residential subdivision (Skye
01/06/15
Canyon Parcel 1.3 Phase 2) on 15.41 acres at the northeast corner
of Grand Teton Drive and Hualapai Way. The map has yet to record.
City staff issued an action letter for a Final Map Technical Review
(FMP- 57265) for a 71-lot single-family residential subdivision (Skye
01/07/15
Canyon Parcel 1.1 Phase 2) on 15.43 acres at the southeast corner
of Horse Drive and Hualapai Way. The map recorded on 8/17/15
The City Council approved a Variance (VAR-55892) to allow
deviations from the Street Naming Guidelines and Street Naming
Configuration sections of the City of Las Vegas Street Naming and
Addressing Assignment Regulations, 2009 Edition on Horse Drive
01/21/15
between the US 95 and Iron Mountain Road, Fort Apache Road
between the US 95 and Moccasin Road, as well as on Hualapai Way
from Grand Teton Drive to Moccasin Road, respectively. The Planning
Commission and staff recommended approval.
The City Council approved a request a Street Name Change (SNC55060) from Horse Drive tot: W Skye Canyon Park Dr (between the
US 95 and Iron Mountain Road); from Fort Apache Road to N Skye
01/21/15
Canyon Park Dr (between the US 95 and Moccasin Road); and from
Hualapai Way to Skye Village Road (between Grand Teton Drive and
Moccasin Road). The Planning Commission and staff recommended
approval.
City staff issued an action letter for a Final Map Technical Review
(FMP- 57784) for a 204-lot single-family residential subdivision (Skye
02/18/15
Canyon Parcel 1.4 Phase 2) on 33.61 acres on the northwest corner
of Grand Teton Drive and Grand Canyon Drive. The map recorded on
06/02/15.
The City Council approved a General Plan Amendment (GPA- 56951)
to amend the Public Facilities & Building Element of the Las Vegas
03/18/15
2020 Master Plan. This amendment eliminates e the Nevada Energy
Substation and associate corridor within the Kyle Canyon Master
Planned Community
The City Council approved a Directors Business Item (DIR-57816) for
04/15/15
the 2nd amendment to the Kyle Canyon Development agreement. The
Planning Commission and Staff recommended approval on 03/10/15.

FS

WVR-67425 and TMP-67366 [PRJ-67365]


Staff Report Page Nine
December 13, 2016 - Planning Commission Meeting

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


Department of Planning staff approved an administrative site plan
05/04/15
(SDR-58930) for a conceptual review of Skye Canyon parks 1.5, 1.6,
and 2.13.
The Planning Commission approved a Parent Tentative Map (TMP58560) for a proposed 66-lot mixed use subdivision at the northeast
05/12/15
corner of Grand Teton Drive and Puli Drive. Staff had recommended
approval.
The City Council approved a Directors Business Item (DIR-59826)
regarding the adoption of a parks agreement accompanying the 2 nd
07/15/15
amendment to the Sky Canyon development agreement. Staff and the
Planning Commission had recommend approval.
The Planning Commission approved a Special Use Permit (SUP60399) to allow a Liquor Establishment (Tavern) within a community
09/08/15
recreational facility at the southwest corner of West Skye Canyon Park
Dr. and Skye Village Road. Staff had recommend approval.
The City Council approved a Major Modification (MOD-62679) to the
Kyle Canyon Development Standards to amend the Blended Use
03/16/16
Design Guidelines.
Staff and the Planning Commission had
recommended approval.
The Planning Commission approved a Site Development Plan review
for a 265,108 square-foot shopping center at the northeast corner of
05/10/16
Skye Park Drive and West Skye Canyon Park Drive. Staff had
recommended approval.
The City Council approved a Directors Business Item (DIR-63962) for
07/20/16
the 3rd amendment to the Kyle Canyon Development agreement. The
Planning Commission and Staff recommended approval on 06/14/16.
The City Council approved a Directors Business Item (DIR-65021)
regarding the adoption of a parks agreement accompanying the 3 rd
07/20/16
amendment to the Sky Canyon development agreement. Staff had
recommend approval.
The Planning Commission approved a Parent Tentative Map (TMP65803) for a proposed 86-lot mixed use subdivision at the northeast
09/13/16
corner of Grand Teton Drive and Puli Drive. Staff had recommended
approval.
The Planning Commission approved a Tentative Map (TMP-65808) for
a proposed 102-lot residential subdivision at the southeast corner of
09/13/16
Eagle Canyon Avenue and Shaumber Road. Staff had recommended
approval.
The Planning Commission approved a Tentative Map (TMP-65809) for
a proposed 65-lot residential subdivision at the northwest corner of
09/13/16
Eagle Canyon Avenue and Egan Crest Drive. Staff had recommended
approval.
FS

WVR-67425 and TMP-67366 [PRJ-67365]


Staff Report Page Ten
December 13, 2016 - Planning Commission Meeting

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


The Planning Commission approved a Tentative Map (TMP-66485) for
a proposed 177-lot residential subdivision southwest corner of Skye
10/11/16
Canyon Park Drive and Grand Canyon Drive. Staff had recommended
approval.
The Planning Commission approved a Tentative Map (TMP-66276 for
a proposed 88-lot residential subdivision northeast corner of Eagle
10/11/16
Canyon Avenue and Egan Crest Drive. Staff had recommended
approval.

Most Recent Change of Ownership


11/07/13
A deed was recorded for a change in ownership for multiple parcels

Pre-Application Meeting
A pre-application meeting was held and general map submittal
10/13/16
requirements were discussed.

Field Check
10/31/16

A field check was conducted and the site is undeveloped.

Details of Application Request


Site Area
Gross Acres 22.60
Net Acres
20.30

Surrounding
Property

Existing Land
Use Per Title
19.12

Subject
Property

Undeveloped

North

Undeveloped

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

Existing Zoning
District
T-D (Traditional
Development)
T-D (Traditional
Development)

FS

WVR-67425 and TMP-67366 [PRJ-67365]


Staff Report Page Eleven
December 13, 2016 - Planning Commission Meeting

Surrounding
Property

Existing Land
Use Per Title
19.12

South

Undeveloped

East

Undeveloped

West

Undeveloped

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

Master Plan Areas


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

Impact

Existing Zoning
District
PD (Planned
Development)
T-D (Traditional
Development)
T-D (Traditional
Development)

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

19.04.040 Connectivity
Transportation Network Element
# Links
# Nodes
Internal Street
7
Intersection Internal
8
Cul-de-sac Terminus
2
Intersection External Street or Stub Terminus
1
Intersection Stub Terminus w/ Temporary Turn Around
1
Easements
Non-Vehicular Path - Unrestricted
0
Total
7.5
11
Required*
Provided
Connectivity Ratio (Links /
1.30
0.68
Nodes):
*The Skye Canyon Development Standards do not require compliance with Title 19.02
connectivity ratios; however, they are provided within this report as a comparison to
subdivisions within a standard zoning district.
FS

WVR-67425

WVR-67425

WVR-67425 and TMP-67366

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WVR-67425 [PRJ-67365] - WAIVER RELATED TO TMP-67366 - APPLICANT:


MANAGEMENT, LLC - OWNER: SECTION 12, LLC
NORTHWEST CORNER OF GRAND TETON DRIVE AND SKYE VILLAGE ROAD

FIVE

11/03/2016

NINETY

WVR-67425 [PRJ-67365] - WAIVER RELATED TO TMP-67366 - APPLICANT:


MANAGEMENT, LLC - OWNER: SECTION 12, LLC
NORTHWEST CORNER OF GRAND TETON DRIVE AND SKYE VILLAGE ROAD

FIVE

11/03/2016

NINETY

WVR-67425 [PRJ-67365] - WAIVER RELATED TO TMP-67366 - APPLICANT:


MANAGEMENT, LLC - OWNER: SECTION 12, LLC
NORTHWEST CORNER OF GRAND TETON DRIVE AND SKYE VILLAGE ROAD

FIVE

11/03/2016

NINETY

WVR-67425 [PRJ-67365] - WAIVER RELATED TO TMP-67366 - APPLICANT:


MANAGEMENT, LLC - OWNER: SECTION 12, LLC
NORTHWEST CORNER OF GRAND TETON DRIVE AND SKYE VILLAGE ROAD

FIVE

11/03/2016

NINETY

WVR-67425 [PRJ-67365] - WAIVER RELATED TO TMP-67366 - APPLICANT:


MANAGEMENT, LLC - OWNER: SECTION 12, LLC
NORTHWEST CORNER OF GRAND TETON DRIVE AND SKYE VILLAGE ROAD

FIVE

11/03/2016

NINETY

WVR-67425 [PRJ-67365] - WAIVER RELATED TO TMP-67366 - APPLICANT:


MANAGEMENT, LLC - OWNER: SECTION 12, LLC
NORTHWEST CORNER OF GRAND TETON DRIVE AND SKYE VILLAGE ROAD

FIVE

11/03/2016

NINETY


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Agenda Item No.: 18.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
TMP-67366 - TENTATIVE MAP RELATED TO WVR-67425 - SKYE CANYON PARCEL
2.28 - PUBLIC HEARING - APPLICANT: NINETY FIVE MANAGEMENT, LLC - OWNER:
SECTION 12, LLC - For possible action on a request for a Tentative Map FOR A 100-LOT
SINGLE-FAMILY RESIDENTIAL SUBDIVISION on 22.60 acres at the northwest corner of
Grand Teton Drive and Skye Village Road (APN portion of 126-12-000-001), T-D (Traditional
Development) Zone, [ML (Residential Medium-Low) Skye Canyon Special Land Use
Designation], Ward 6 (Ross) [PRJ-67365]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 7 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

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-67366

TMP-67366

TMP-67366

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Agenda Item No.: 19.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-67403 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: TRADER JOE''S
COMPANY - OWNER: KRG LAS VEGAS CENTENNIAL GATEWAY, LLC - For possible
action on a request for a Special Use Permit FOR A PROPOSED RETAIL ESTABLISHMENT
WITH ACCESSORY PACKAGE LIQUOR OFF-SALE USE WITHIN A PROPOSED 14,000
SQUARE-FOOT GENERAL RETAIL STORE at 5639 Centennial Center Boulevard (APN 12527-411-013), T-C (Town Center) Zone [SC-TC (Service Commercial - Town Center) Special
Land Use Designation], Ward 6 (Ross) [PRJ-67129]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest/Support Postcards

SUP-67403 [PRJ-67129]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: TRADER JOE'S COMPANY - OWNER: KRG
LAS VEGAS CENTENNIAL GATEWAY, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

REQUIRED FOR
APPROVAL

SUP-67403

Staff recommends APPROVAL, subject to conditions:

N/A

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

748

APPROVALS

PROTESTS

30

RG

SUP-67403 [PRJ-67129]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

SUP-67403 CONDITIONS
Planning
1.

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

2.

Conformance to the approved conditions for Site Development Plan Review (SDR2208) and Site Development Plan Review (SDR-8695).

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.

RG

SUP-67403 [PRJ-67129]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
This is a request for a Special Use Permit for a proposed Retail Establishment with
Accessory Package Liquor Off-Sale use at 5639 Centennial Center Boulevard.

ISSUES

A Retail Establishment with Accessory Package Liquor Off-Sale use is permitted in


the T-C (Town Center) zoning district [SC-TC (Service Commercial Town Center)
Special Land Use Designation] with the approval of a Special Use Permit.

ANALYSIS
The applicant is requesting a Special Use Permit for a proposed Retail Establishment
with Accessory Package Liquor Off-Sale use. The subject property is an established
Shopping Center which is currently zoned T-C (Town Center) with a special land use
designation of SC-TC (Service Commercial Town Center). The proposed location is
currently vacant, but was previously occupied as a General Retail Store with a
Beer/Wine/Cooler Off-Sale Establishment use, which was marked out of business on
04/01/16. Pursuant to Title 19.16.110(P)(2)(a), the Special Use Permit (SUP-27693)
expired October 3, 2016.
A Retail Establishment with Accessory Package Liquor Off-Sale use is permitted in the
T-C (Town Center) zoning district within the special land use designation of SC-TC
(Service Commercial Town Center) with an approval of a Special Use Permit.
Additionally, the following analysis is required:
The Retail Establishment with Accessory Package Liquor Off-Sale use is defined as A
retail establishment:
1. Whose license to sell alcoholic beverages authorizes their sale to consumers
only and not for resale, in original sealed or corked containers, for consumption
off the premise where the same are sold; and

RG

SUP-67403 [PRJ-67129]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

2. In which the sale of alcoholic beverages is ancillary to the retail use, and in which
no more than 10 percent of the retail floor space is regularly devoted to the
display or merchandising of alcoholic beverages. Recent passage of the
ordinance has revised Title 19, regarding the use.
The Town Center
Development Standards equivalent to the Retail Establishment with Accessory
Package Liquor Off-Sale use from the Title 19 land use category is Grocery Store
with Alcohol use. The proposed use meets the definition, as the proposed use
will be in conjunction with a proposed grocery store.
The Minimum Special Use Permit Requirements for this use include:
*1.

Except as otherwise provided, no retail establishment with accessory package


liquor off-sale (hereinafter establishment) shall be located within 400 feet of any
church/house of worship, school, individual care center licensed for more than 12
children, or City park.
There are no Church/House of Worships, Schools, Individual Care Centers
licensed for more than 12 children or City Parks within 400 feet of the subject
site.

*2.

Except as otherwise provided in Requirement 3 below, the distances referred to


in Requirement 1 shall be determined with reference to the shortest distance
between two properties lines, one being the property line of the proposed
establishment which is closest to the existing use to which the measurement
pertains, and the other being the property line of that existing use which is
closest to the proposed establishment. The distance shall be measured in a
straight line without regard to intervening obstacles.
For purposes of
measurement, the term property line refers to property lines of fee interest
parcels and does not include the property line of:
a. Any leasehold parcel; or
b. Any parcel which lacks access to a public street or has no area for on site
parking and which has been created so as to avoid the distance limitation
described in Requirement 1.
There are no Church/House of Worships, School, Individual Care Centers
licensed for more than 12 children or City Parks within 400 feet of the subject
site.

RG

SUP-67403 [PRJ-67129]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

*3.

In the case of an establishment proposed to be located on a parcel of at least 80


acres in size, the minimum distances referred to in Requirement 1 shall be
measured in a straight line:
a. From the nearest property line of the existing use to the nearest portion of
the structure in which the establishment will be located, without regard to
intervening obstacles; or
b. In the case of a proposed establishment which will be located within a
shopping center or other multiple tenant structure, from the nearest
property line of a leasehold or occupancy parcel in which the
establishment will be located, without regard to intervening obstacles.
Not applicable, since the proposed Retail Establishment with Accessory Package
Liquor Off-Sale use will be located in a parcel that is not 80 acres of size. The
Clark County Assessors Office lists the subject property at 16.79 acres.

4.

When considering a Special Use Permit application for an establish which also
requires a waiver of the distance limitation in Requirement 1, the Planning
Commission shall take into consideration the distance policy and shall, as part of
its recommendation to the City Council, state whether the distance requirement
should be waived and the reasons in support of the decision.
The proposed use is located in a shopping center and the distance separation
measurement is based on the leasehold parcel. The General Retail Store
contains 14,000 square-foot of retail space and will sell package liquor within an
area no greater than 10 percent of the retail space.

5.

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


a. An establishment which has a nonrestricted gaming license in connection
with a hotel having 200 or more guest rooms on or before July 1, 1992 or
in connection with a resort hotel having in excess 200 guest rooms after
July 1, 1992; or
b. A proposed establishment having more than 50,000 square feet of retail
floor space.
This requirement does not apply.

RG

SUP-67403 [PRJ-67129]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

*6.

All businesses which sell alcoholic beverages shall conform to the provisions of
LVMC Chapter 6.50.
The proposed use if licensed will be subject to compliance review for inspections.

7.

The minimum distance requirements set forth in Requirement 1, which are


otherwise nonwaivable under the provisions of LVMC 19.12.050(C), may be
waived:
a. In accordance with the provisions of LVMC 19.12.050(C) for any
establishment which is proposed to be located on a parcel within the
Downtown Casino Overlay District:
b. In accordance with the applicable provisions of the Town Center
Development Standards Manual for any establishment which is proposed
to be located within the T-C (Town Center) Zoning District and which is
designated MS-TC (Main Street Mixed-Use) in the Town Center Land Use
Plan;
c. In connection with a proposed establishment having between 20,000
square feet and 50,000 square feet of retail floor space; or
d. In connection with a retail establishment having less than 20,000 square
feet of retail floor space, if the area to be used for the sale, display or
merchandising of alcoholic beverages and each use to be protected are
separated by a highway or a right-of-way with a width of at least 100 feet.
The proposed use meets subsection (d) of this requirement as the proposed
General Retail Store floor space contains 14,000 square feet and no more than
10 percent of the retail floor space is devoted to the display or merchandising of
alcoholic beverage. There are no protected uses located within the subject
property.

The proposed Retail Establishment with Accessory Package Liquor Off-Sale use will be
located within an established Shopping Center and can be conducted in a manner that
is harmonious and compatible with existing surrounding land uses and future
surrounding land uses. There are no protected uses located within 400 feet of the
subject property. Staff recommends approval of this request with conditions. If this
application is denied the proposed General Retail Store cannot sell alcohol at this
location.

RG

SUP-67403 [PRJ-67129]
Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

FINDINGS (SUP-67403)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
1.

The proposed land use can be conducted in a manner that is harmonious


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.
The proposed Retail Establishment with Accessory Package Liquor Off-Sale use
will be located in a Shopping Center in the SC-TC (Service Commercial Town
Center) Special Land Use Designation. There are no protected uses within 400
feet of the subject property; therefore, the use is harmonious and compatible with
the existing surrounding land uses.

2.

The subject site is physically suitable for the type and intensity of land use
proposed.
The subject site is suitable for the Retail Establishment with Accessory Package
Liquor Off-Sale use as it will be accessory use for a proposed grocery store.

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 Centennial Center Boulevard, a 90-foot Town Center
Frontage Road, and has sufficient size to accommodate the needs of the
proposed Retail Establishment with Accessory Package Liquor Off-Sale use
located within an existing Shopping Center. The proposed use will occupy
existing suites and will not require any additional parking beyond what has been
provided for the 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 proposed Special Use Permit will not compromise the public
health, safety and general welfare of the public. The use will be subject to regular
inspections and to licensing restrictions.

5.

The use meets all of the applicable conditions per Title 19.12.
The proposed Retail Establishment with Accessory Package Liquor Off-Sale use
complies to the applicable conditions of the Grocery Store with Alcohol use per
Title 19.12.
RG

SUP-67403 [PRJ-67129]
Staff Report Page Six
December 13, 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) to T-C (Town
12/07/98
Center) on the subject site as part of a larger request. The Planning
Commission and staff recommended approval.
The City Council approved the Town Center Development Standards
11/07/01
Manual through Bill No. 2001-100.
The Centennial Hills Architectural Review Committee approved a
Master Sign Plan (CHR-0009-03) at the Centennial Gateway
06/03/03
commercial development at the northwest corner of U.S. 95 and Ann
Road.
The Planning Commission approved a request for a Tentative Map
(TMP-2202) for a 2-lot commercial subdivision on 36.5 acres adjacent
06/12/03
to the northeast and northwest corner of Ann Road and Centennial
Center Boulevard. Staff recommended approval.
The City Council approved a Site Development Plan Review (SDR2208) for a proposed 397,244 square foot commercial development
and Waivers of the Town Center Development Standards on a
08/06/03
property located at the northwest corner of Ann Road and Centennial
Boulevard.
The Planning Commission and staff recommended
approval.
The Department of Planning administratively approved a Site
Development Plan Review (SDR-8695) for a proposed 397,244
09/07/05
square-foot Commercial Development on 36.5 acres located at the
northwest corner of Ann Road and Centennial Boulevard.

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


The City Council approved a Special Use Permit (SUP-27693) for a
proposed Beer/Wine/Cooler Off-Sale Establishment within an
06/18/08
approved 13,969 square-foot General Retail Establishment located at
the northwest corner of Ann Road and Centennial Center Boulevard.
The Planning Commission and staff recommended approval.

Most Recent Change of Ownership


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

RG

SUP-67403 [PRJ-67129]
Staff Report Page Seven
December 13, 2016 - Planning Commission Meeting

Related Building Permits/Business Licenses


A building permit (#104406) was issued for a retail shell building at
03/21/08
5639 Centennial Center Boulevard. The permit was finalized on
01/28/09.
A building permit (#118232) was issued for a tenant improvement of
08/26/08
the retail store at 5639 Centennial Center Boulevard. The permit was
finalized on 10/21/08.
A business license (G60-00074) was issued for a grocery store at
02/19/10
5639 Centennial Center Boulevard. The license was marked out of
business on 04/05/16.
A business license (L10-98780) was issued for a Beer/Wine/Cooler
11/25/13
Off-Sale at 5639 Centennial Center Boulevard. The license was
marked out of business on 04/05/16.

Pre-Application Meeting
A pre-application meeting was conducted with the applicant and
discussed the Special Use Permit application process. Informed the
10/05/16
applicant that the Town Center Development Standards Manual that
the use requested is a Retail Establishment with Accessory Package
Liquor Off-Sale use and that the Title 19 land uses has changed to

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

Field Check
11/03/16

A field check by staff observed the subject building is currently vacant


and is located within an established Shopping Center that is well
maintained.

Details of Application Request


Site Area
Net Acres
16.79

RG

SUP-67403 [PRJ-67129]
Staff Report Page Eight
December 13, 2016 - Planning Commission Meeting

Surrounding
Property

Existing Land
Use Per Title
19.12

Subject
Property

Shopping Center

North

Shopping Center

South

Golf Course

East

Shopping Center

West

Single Family,
Detached

Planned or Special
Land Use
Designation
SC-TC (Service
Commercial Town
Center)
SC-TC (Service
Commercial Town
Center)
PR-OS
(Parks/Recreation/Op
en Space)
SC-TC (Service
Commercial Town
Center)
ML (Medium Low
Density Residential)

Existing Zoning
District
T-C (Town Center)

T-C (Town Center)


R-PD5 (Residential
Planned Development
5 Units per Acre)
T-C (Town Center)
R-PD6 (Residential
Planned Development
6 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
N/A
N/A
N/A
N/A

DEVELOPMENT STANDARDS

Street Name

Functional
Classification of
Street(s)

Centennial Center
Boulevard

Frontage Road

Ann Road

Primary Arterial

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

Actual
Street
Width
(Feet)

Complian
ce with
Street
Section

90

100

RG

SUP-67403 [PRJ-67129]
Staff Report Page Nine
December 13, 2016 - Planning Commission Meeting

Pursuant to Town Center Development Standards and 19.12, the following


parking standards apply:
Parking Requirement
Gross
Required
Provided
Compliance
Floor Area
Parking
Parking
Use
or
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Shopping 211,606
1/250 SF
862
Center
SF
TOTAL SPACES REQUIRED
862
1,014
Y
Regular and Handicap Spaces
Y
846
16
990
24
Required

RG

SUP-67403

SUP-67403

SUP-67403

SUP-67403

SUP-67403

SUP-67403

SUP-67403 [PRJ-67129] - SPECIAL USE PERMIT - APPLICANT: TRADER JOE'S COMPANY - OWNER:
KRG LAS VEGAS CENTENNIAL GATEWAY, LLC
5639 CENTENNIAL CENTER BOULEVARD
11/03/2016

SUP-67403 [PRJ-67129] - SPECIAL USE PERMIT - APPLICANT: TRADER JOE'S COMPANY - OWNER:
KRG LAS VEGAS CENTENNIAL GATEWAY, LLC
5639 CENTENNIAL CENTER BOULEVARD
11/03/2016

SUP-67403 [PRJ-67129] - SPECIAL USE PERMIT - APPLICANT: TRADER JOE'S COMPANY - OWNER:
KRG LAS VEGAS CENTENNIAL GATEWAY, LLC
5639 CENTENNIAL CENTER BOULEVARD
11/03/2016

SUP-67403 [PRJ-67129] - SPECIAL USE PERMIT - APPLICANT: TRADER JOE'S COMPANY - OWNER:
KRG LAS VEGAS CENTENNIAL GATEWAY, LLC
5639 CENTENNIAL CENTER BOULEVARD
11/03/2016

SUP-67403

SUP-67403

Agenda Item No.: 20.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-67440 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
ELKHORN HUALAPAI, LLC - For possible action on a request for a Special Use Permit FOR
A PROPOSED AUTOMOBILE MAINTENANCE USE (AUTO SMOG CHECK) at 7165 North
Hualapai Way (APN 126-24-517-004), PD (Planned Development) Zone [VC (Village
Commercial) Cliff''s Edge Special Land Use Designation], Ward 6 (Ross) [PRJ-67399]. Staff
recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcards

SUP-67440 [PRJ-67399]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: ELKHORN HUALAPAI, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

REQUIRED FOR
APPROVAL

SUP-67440

Staff recommends APPROVAL, subject to conditions:

N/A

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

254

APPROVALS

PROTESTS

41

RG

SUP-67440 [PRJ-67399]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

SUP-67440 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for an Auto
Smog Check use.

2.

Conformance to the approved conditions for Site Development Plan Review (SDR44850).

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-67440 [PRJ-67399]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit for a proposed Automobile Maintenance
(Auto Smog Check) use located at 7165 North Hualapai Way.

ISSUES

An Automobile Maintenance (Auto Smog Check) use is permitted in the PD


(Planned Development) zoning district [VC (Village Commercial) Cliffs Edge Special
Land Use Designation] with the approval of a Special Use Permit.

ANALYSIS
The subject property is an established Shopping Center which is currently zoned as PD
(Planned Development) with a special land use designation of VC (Village Commercial)
within the Cliffs Edge Special Area Plan. The proposed location is adjacent to the
existing car wash building with a vacant suite, which was previously occupied as an
Automotive Maintenance (Auto Smog Check) and was marked out of business on
03/01/15.
An Automobile Maintenance (Auto Smog Check) use is permitted in the VC (Village
Commercial) Cliffs Edge special land use designation within an approval of a Special
Use Permit.
The Auto Smog Check use is defined as, A facility for the testing of vehicle emissions.
The proposed use meets the definition, as the applicant is proposing to perform
emission tests on vehicles.
The Cliffs Edge Master Development Plan and Design Guidelines equivalent for to the
Automobile Maintenance use is an Auto Smog Check use from the Title 19. There are
no minimum special use permit requirements within the Cliffs Edge Master
Development Plan and Development Guidelines.
The proposed Automobile Maintenance (Auto Smog Check) use will be located within
an established Shopping Center and can be conducted in a manner that is harmonious
and compatible with existing surrounding land uses and future surrounding land uses.
Staff recommends approval of this request with conditions. If this application is denied
the proposed use cannot operate at this location.
RG

SUP-67440 [PRJ-67399]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

FINDINGS (SUP-67440)
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 can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as project by the General Plan, as the proposed use will be located in the
shopping center away from single family development.

2.

The subject site is physically suitable for the type and intensity of land use
proposed.
The subject site is suitable for the Automobile Maintenance (Auto Smog Check)
use as it will be accessory use for an existing Convenience Store and Gasoline
Sales uses.

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 Elkhorn Road and Hualapai Way; both are 100-foot
Primary Arterials, and are sufficient size to accommodate the needs of the
proposed 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 proposed Special Use Permit will not compromise the public
health, safety and general welfare of the public. The use will be subject to regular
inspections and to license restrictions.

5.

The use meets all of the applicable conditions per Cliffs Edge.
There are no minimum requirements for the proposed Automobile Maintenance
(Auto Smog Check) use.

RG

SUP-67440 [PRJ-67399]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved Rezoning (ZON-2184) for a Rezoning from:
U (Undeveloped) [PCD (Planned Community Development) General
Plan Designation] to: PD (Planned Development) on 704 acres
07/16/03
adjacent to the south side of Grand Teton Drive, between Hualapai
Way and Puli Road.
The Planning Commission and staff
recommended approval.
The City Council approved Site Development Plan Review (SDR18031) for 218 condominium units and a three building, 32,400
05/16/07
square-foot retail developments on 15.69 acres at the southwest
corner of Hualapai Way and Elkhorn Road. The Planning Commission
recommended approval and staff recommended denial.
The City Council approved a Review of Conditions (ROC-26396)
request to change Condition 5 of an approved Site Development Plan
Review (SDR-18031) which stated that a certificate of occupancy for
02/06/08
retail buildings 1, 2, and 3, shall be obtained prior to the request for
certificates of occupancy on all residential units for an approved
Mixed-Use Development on 15.69 acres at the southwest corner of
Hualapai Way and Elkhorn Road. Staff recommended denial.
The Applicant withdrew a request for a Special Use Permit (SUP34764) from the City Council agenda for a proposed tavern at 7071
08/19/09
North Hualapai Way, Suite 110.
The Planning Commission
recommended denial and staff recommended approval.
The Applicant withdrew a request for a Special Use Permit (SUP34765) from the City Council agenda for a Gaming Establishment,
08/19/09
Restricted at 7071 North Hualapai Way, Suite 110. The Planning
Commission recommended denial and staff recommended approval.
The Planning Commission approved a request for a Special Use
Permit (SUP-44851) for Gaming (Incidental Gaming Machines Only)
within a proposed 5,730 square-foot Convenience Store at 7161 North
Hualapai Way. Staff recommended approval.
05/08/12
The Planning Commission approved a request for a Special Use
Permit (SUP-44852) for Liquor Sales (For Off-Premise Consumption)
within a proposed 5,730 square-foot Convenience Store at 7161 North
Hualapai Way. Staff recommended approval.

RG

SUP-67440 [PRJ-67399]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

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


The Planning Commission approved a request for a Major Amendment
Site Development Plan Review (SDR-44850) to a previously approved
Site Development Plan Review (SDR-18031) for a proposed 5,730
square-foot Convenience Store with Gasoline Sales, Drive Through
Restaurant and a 2,360 square-foot Car Wash with a Waiver to allow a
three-foot landscape buffer along a portion of the east perimeter where
five feet was approved at 7161 North Hualapai Way.
Staff
recommended approval.

Most Recent Change of Ownership


08/05/16
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#100111) was issued for a retail shell building at
11/30/07
7181 North Hualapai Way. The permit was completed on 01/29/09.
A building permit (#122036) was issued for a 225-foot retaining wall at
08/13/08
7181 North Hualapai Way. The permit was completed on 10/14/08.
A building permit (#138322) was issued for a tenant improvement for
04/28/09
7181 North Hualapai Way.
A building permit (#220540) was issued for a shell building for a
Convenience Store at 7161 North Hualapai Way. The permit was
finalized on 02/20/14
A building permit (#230560) was issued for a tenant improvement for a
07/17/13
Convenience Store at 7161 North Hualapai Way, Suite #150. The
permit was finalized on 02/20/14.
A building permit (#220542) was issued for a Carwash building at 7165
North Hualapai Way. The permit was finalized on 02/20/14
A business license (G62-02528) was issued for a Smog Check at 7165
03/04/14
North Hualapai Way. The license was marked of business on
03/01/15.

Pre-Application Meeting
A pre-application meeting was conducted with the applicant. The
applicant proposes an Auto Smog Check. The proposed use is
10/24/16
located within Cliffs Edge special area plan and it is listed under
Automobile Maintenance with an approved Special Use Permit
application and discussed the application submittal process.

RG

SUP-67440 [PRJ-67399]
Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

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

Field Check
11/03/16

A field check by staff observed that the subject property is well


maintained.

Details of Application Request


Site Area
Net Acres
1.12

Surrounding
Property

Existing Land Use


Per Title 19.12

Planned or Special
Land Use
Designation

Subject Property

Shopping Center

PCD (Planned
Community
Development)

North

Single-Family
Dwellings

PCD (Planned
Community
Development)

South

Condominiums

PCD (Planned
Community
Development)

East

Undeveloped (Clark
County)

RL (Residential Low)
Clark County

Existing Zoning
District
PD (Planned
Development) Zone
[VC (Village
Commercial) Cliffs
Edge Special Land
Use Designation]
PD (Planned
Development) Zone
[L (Low Density
Residential) Cliffs
Edge Special Land
Use Designation]
PD (Planned
Development) Zone
[VC (Village
Commercial) Cliffs
Edge Special Land
Use Designation]
R-E (Rural Estates
Residential District) Clark County

RG

SUP-67440 [PRJ-67399]
Staff Report Page Six
December 13, 2016 - Planning Commission Meeting

Surrounding
Property

West

Existing Land Use


Per Title 19.12

Condominiums

Planned or Special
Land Use
Designation

Existing Zoning
District

PCD (Planned
Community
Development)

PD (Planned
Development) Zone
[VC (Village
Commercial) Cliffs
Edge Special Land
Use Designation]

Master Plan Areas


Cliffs Edge
Special Purpose and Overlay Districts
PD (Planned Development) 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
Y
Y

DEVELOPMENT STANDARDS

Street Name

Functional
Classification
of Street(s)

Elkhorn Road

Primary Arterial

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

100

100

RG

SUP-67440 [PRJ-67399]
Staff Report Page Seven
December 13, 2016 - Planning Commission Meeting

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Use

Gross Floor
Area or
Number of
Units

Required
Parking
Parking Ratio
HandiRegular
capped

Shopping
Center

30,490 SF

1 SP/250 sf

TOTAL SPACES REQUIRED


Regular and Handicap Spaces Required

Provided
Parking
HandiRegular
capped

Compliance

122
122
117

154
148

Y
Y

RG

SUP-67440

SUP-67440

SUP-67440

SUP-67440

SUP-67440 [PRJ-67399] - SPECIAL USE PERMIT - APPLICANT/OWNER: ELKHORN HUALAPAI, LLC


7165 NORTH HUALAPAI WAY
11/03/2016

SUP-67440 - REVISED

Agenda Item No.: 21.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-67458 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
JOSEPH AND JODI GARCIA - For possible action on a request for a Special Use Permit FOR
A PROPOSED ACCESSORY STRUCTURE (CLASS I) [CASITA] USE at 5921 Huff
Mountain Avenue (APN 125-12-311-012), R-PD2 (Residential Planned Development - 2 Units
per Acre) Zone, Ward 6 (Ross) [PRJ-67315]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Comment

SUP-67458 [PRJ-67315]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: JOSEPH AND JODI GARCIA

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

SUP-67458

Staff recommends APPROVAL, subject to conditions:

REQUIRED FOR
APPROVAL

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

153

APPROVALS

PROTESTS

15

JB

SUP-67458 [PRJ-67315]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

SUP-67458 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 and Iron
Mountain Ranch Master Plan for an Accessory Structure (Class I) use.

2.

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

3.

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

4.

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

5.

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

JB

SUP-67458 [PRJ-67315]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit to allow a casita with full kitchen at 5921 Huff
Mountain Avenue.

ISSUES

Pursuant to Iron Mountain Ranch Development Standards and Title 19.12, an


Accessory Structure (Class I) is permissible in the R-PD2 (Residential Planned
Development 2 Units per Acre) zoning district with approval of a Special Use
Permit.

ANALYSIS
The subject site contains an existing 3,290 square-foot single family residence at 5921
Huff Mountain Avenue. The subject site currently has two accessory structures located
in the rear yard area; a 640 square-foot Accessory Structure (Class II) [garage] and a
440 square-foot Accessory Structure (Class II) [shed]. The applicant has proposed to
convert the existing one-story detached Accessory Structure (Class II) [shed] into an
Accessory Structure (Class I) with complete living facilities and a full kitchen. In addition,
the applicant has proposed to add 420 square feet of floor area to the structure resulting
in a total of 860 square feet. The submitted building elevations indicate that the
structure will aesthetically match the principle dwelling unit.
The Accessory Structure (Class I) use is define as An accessory structure which is
located on the same residential parcel as a principal dwelling and which, as an ancillary
use, provide living quarters, including full kitchen facilities, for the occupants of the
principal dwelling or their tenants, domestic employees or temporary guests. This
proposed use is appropriate for the subject property as the applicants justification letter
states that it will be occupied by family and friends only and will not be used as a rental
unit.
The Minimum Special Use Permit Requirements for this use include:
* 1. The size of the lot or parcel must exceed 6500 square feet.
The proposed use meets this requirement, as the lot is 35,719 square feet.

JB

SUP-67458 [PRJ-67315]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

2. Unless the principal dwelling is owner-occupied, a Class I accessory structure


may not be offered or occupied as a rental unit.
The proposed use meets requirements as stated in the applicants justification letter,
date stamped 10/27/16, that the building will be occupied by family and friends only and
not as a rental unit.
The addition of the accessory structure is consistent with the 2020 Master Plan Housing
Element which states: Providing a mix of housing types is important to a community
that desires to be responsive to its residents. A diversity of housing types and prices is
desirable so people can age in place. With diverse housing, families can move within
the same housing development or neighborhood and social networks can remain intact;
children need not be uprooted from familiar schools and elderly persons can remain
near friends and families. Also, If alternative housing opportunities are not available
within the same neighborhood, the residents are forced to leave the neighborhood to
which they are accustomed. It is important, therefore, that a wide range of housing
choices be made available within the same neighborhood.
The proposed project meets all Iron Mountain Ranch Development Standards and Title
19 requirements for an Accessory Structure (Class I). The proposed structure can be
construed in a manner that is harmonious and compatible with the surrounding land
uses and is consistent with the intent of the Housing Element of the Las Vegas 2020
Master Plan; therefore, staff recommends approval of this request. If denied, an
Accessory Structure (Class II) can be built; however, a full kitchen would not be allowed.

FINDINGS (SUP-67458)
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 Accessory Structure (Class I) use will be located on a property with
a single-family residence and can be operated in a manner that is harmonious
and compatible with existing surrounding land uses and with future surrounding
land uses as projected by the General Plan.

2.

The subject site is physically suitable for the type and intensity of land use
proposed.

JB

SUP-67458 [PRJ-67315]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

The proposed Accessory Structure (Class I) adheres to all minimum requirements


as outlined by the Iron Mountain Ranch Development Standards and Title 19.
The lot size of 35,719 square feet can physically accommodate the proposed
Accessory Structure (Class I) 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.
Primary access to the site is provided from Huff Mountain Avenue, a 38-foot wide
private street within the residential subdivision, which can provide adequate
access to the Accessory Structure (Class I) 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.
This use will be subject to building inspections via the permitting process;
therefore, it will not compromise the public health, welfare or safety.

5.

The use meets all of the applicable conditions per Title 19.12.
The proposed Accessory Structure (Class I) use meets all of the applicable
conditions of Title 19.12.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Board of Commissioners approved a petion for Annexation (A05/12/64
0003-64) of approximately 5,000 acres located north of Lone Mountain
Road and west of Decatur Boulevard.
The City Council approved a request for a General Plan Amendment
(GPA-0006-98) application was amended to DR (Desert Rural Density
Residential), R (Rural Density Residential) and L (Low Density
Residential) per the conceptual land use plan for Iron Mountain Ranch.
The Planning Commission recommended approval of the request.
The City Council approved a request for a Rezoning (Z-0016-98) from:
10/12/98
R-E (Residence Estates) to: PD (Planned Development) for a
proposed master planned residential community. The application was
amended to R-PD2 (Residential Planned Development - 2 Units per
Acre), R-PD3 (Residential Planned Development - 3 Units per Acre),
R-PD5 (Residential Planned Development - 5 Units per Acre). The
Planning Commission recommended approval of the request.

JB

SUP-67458 [PRJ-67315]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

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


The City Council approved a request for an Extension of Time [Z0016-98(1)] of approved Rezoning (Z-0016-98) from R-E (Residence
Estates) to PD (Planned Development) for a proposed master planned
11/01/00
residential community. The application was amended to R-PD2
(Residential Planned Development - 2 Units per Acre), R-PD3
(Residential Planned Development - 3 Units per Acre), R-PD5
(Residential Planned Development - 5 Units per Acre).
The City Council voted to strike a request for a Major Modification to
the Iron Mountain Ranch Residential Planned Development Master
Plan [Z-0016-98(4)] to remove approximately 40 acres from the overall
12/19/01
plan area at the northeast corner of the intersection of Jones
Boulevard and Grand Teton Drive. The Planning Commission
recommended denial of the request.
The Planning Commission voted to strike a request for a Review of
Condition [Z-0016-98(19)] for several conditions of approved Rezoning
12/20/01
(Z-0016-98) on properties adjacent to the southwest corner of Iron
Mountain Road and Decatur Boulevard.
The City Council approved a request for a Minor Modification to the
Iron Mountain Ranch Master Development Plan [Z-0016-98(20)] to
review the Development Standards for a private gated residential
01/16/02
subdivision adjacent to the northeast corner of Grand Teton Drive and
Jones Boulevard. The Planning Commission recommended approval
of the request.
The City Council approved a request for a Rezoning [Z-0088-01] from
R-E (Residence Estates) and R-E (Residence Estates) zone under
resolution of intent to R-PD2 (Residential Planned Development - 2
Units per Acre) adjacent to the southeast corner of Jones Boulevard
and Horse Drive for a proposed 66-lot single family residential
02/06/02
subdivision.
The City Council approved a request for a Site Development Plan
Review [Z-0088-01(1)] for a proposed 66-lot single family residential
subdivision adjacent to the southeast corner of Jones Boulevard and
Horse Drive.
The Planning and Development Department approved a request for a
Tentative Map (TM-0059-02) for a 61-lot residential subdivision (Iron
09/26/02
Mountain Ranch Village 3) adjacent to the northwest corner of Bradley
Road and Grand Teton Drive.
The Planning Commission approved a request for a Tentative Map
(TMP-1328) for a 62-lot residential subdivision (Iron Mountain Ranch
01/09/03
Village 3) adjacent to the northwest corner of Bradley Road and Grand
Teton Drive.

JB

SUP-67458 [PRJ-67315]
Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

Most Recent Change of Ownership


07/29/16
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
A building permit (#3021534) was issued for a single family detached
10/10/03
dwelling located at 5921 Huff Mountain Avenue. The permit was
finalized on 04/16/04.
A building permit (#4004086) was issued for a pool located at 5921
02/25/504
Huff Mountain Avenue. The permit was finalized on 05/26/04.
A building permit (#4009955) was issued for a 16-foot by 6-foot block
04/28/04
wall located at 5921 Huff Mountain Avenue. The permit has not been
finalized.
A building permit (#34658) was issued for a wire pool cover located at
01/25/05
5921 Huff Mountain Avenue. The permit was finalized on 02/03/05.
A building permit (#57968) was issued for a aluminum patio cover
01/18/06
located at 5921 Huff Mountain Avenue. The permit was finalized on
03/18/06.
A building permit (#210576) was issued for a water heater located at
5921 Huff Mountain Avenue. The permit has not been finalized.
05/10/12
A building permit (#210804) was issued for a water heater located at
5921 Huff Mountain Avenue. The permit has not been finalized.
Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the
10/20/16
submittal requirements for a Special Use Permit for a proposed
Accessory Structure (Class I) in the rear yard of the subject site.

Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
11/03/16

During a routine field inspection staff observed a well maintained


single family residence.

Details of Application Request


Site Area
Net Acres
0.82

JB

SUP-67458 [PRJ-67315]
Staff Report Page Six
December 13, 2016 - Planning Commission Meeting

Surrounding
Property

Existing Land
Use Per Title
19.12

Planned or Special
Land Use
Designation

Subject
Property

Single-Family,
Detached

DR (Desert Rural
Density Residential)

North

Single-Family,
Detached

South

Single-Family,
Detached

East

Single-Family,
Detached

West

Undeveloped

DR (Desert Rural
Density Residential)
DR (Desert Rural
Density Residential)
DR (Desert Rural
Density Residential)
DR (Desert Rural
Density Residential)

Master Plan Areas


Iron Mountain Ranch
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

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)
R-E (Residence
Estates)

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

DEVELOPMENT STANDARDS
Pursuant to Iron Mountain Ranch Development Standards, the following
standards apply:
Standard
Required/Allowed Provided Compliance
Min. Setbacks (Accessory Structure)
Side
3 Feet
10 Feet
Y
Rear
3 Feet
38 Feet
Y
Min. Distance Between Buildings
6 Feet
24 Feet
Y

JB

SUP-67458 [PRJ-67315]
Staff Report Page Seven
December 13, 2016 - Planning Commission Meeting

Standard

Max Coverage

Max. Building Height

Required/Allowed Provided
Cannot Exceed
the floor area of
the main dwelling
or 50% of the rear 6% of rear
yard area
yard area
Two Stories or
height of the main
building (35-foot
max)
One Story

Compliance

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 cappe Regular cappe
Units
d
d
Single
Family
3,290 SF
2 per Unit
2
Residence
Accessory
Structure
860 SF
1 per Unit
1
(Class I)
TOTAL SPACES REQUIRED
3
3
Y
Regular and Handicap Spaces
Y
3
0
3
0
Required

JB

SUP-67458

SUP-67458

SUP-67458

SUP-67458

SUP-67458

SUP-67458

SUP-67458

SUP-67458

SUP-67458 [PRJ-67135] - SPECIAL USE PERMIT - APPLICANT/OWNER: JOSEPH AND JODI GARCIA
5921 HUFF MOUNTAIN AVENUE
11/03/2016

SUP-67458 [PRJ-67135] - SPECIAL USE PERMIT - APPLICANT/OWNER: JOSEPH AND JODI GARCIA
5921 HUFF MOUNTAIN AVENUE
11/03/2016

SUP-67458

Agenda Item No.: 22.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-67488 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
LUCKY DRAGON, LP - For possible action on a request for a Special Use Permit FOR A
PROPOSED 4,200 SQUARE-FOOT MASSAGE ESTABLISHMENT WITHIN A GAMING
ESTABLISHMENT, NON-RESTRICTED WITH A WAIVER TO ALLOW A ZERO-FOOT
DISTANCE SEPARATION FROM A RESIDENTIALLY ZONED PARCEL WHERE 400
FEET IS THE MINIMUM DISTANCE REQUIRED at 300 West Sahara Avenue (APN 162-04816-001), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-67446]. Staff recommends
APPROVAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Support Postcards

SUP-67488 [PRJ-67446]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: LUCKY DRAGON, LP

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

SUP-67488

Staff recommends APPROVAL, subject to conditions:

REQUIRED FOR
APPROVAL

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

416

APPROVALS

PROTESTS

22

CS

SUP-67488 [PRJ-67446]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

SUP-67488 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 requested, to allow a distance separation of


zero feet from a residential use where 400 feet is the minimum distance required.

4.

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

5.

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

6.

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

CS

SUP-67488 [PRJ-67446]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
This is a request for a Special Use Permit for a proposed Massage Establishment to be
located within the Lucky Dragon Hotel and Casino at 300 West Sahara Avenue.

ISSUES

Per Title 19.12, a Massage Establishment use is permissible in the C-2 (General
Commercial) zoning district with approval of a Special Use Permit.
A Waiver is required to allow a distance separation of zero feet from a residential
use where 400 feet is the minimum distance required. Staff recommends approval of
the request.

ANALYSIS
The proposed Massage Establishment use will be located within an existing Gaming
Establishment, Non Restricted use. Per the submitted justification letter, the services
offered will include: foot reflexology, facial treatments, body massages and nail
treatments. The Massage Establishment use is defined by Title 19.18 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 use accessory massage, as
defined in this Title.
The Minimum Special Use Permit Requirements for this use include:
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 off of
Sahara Avenue, a 120-foot wide Primary Arterial as indicated on the Master Plan
of Streets and Highways
CS

SUP-67488 [PRJ-67446]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

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 there is a residentially
zoned property within 400 feet of the subject site to the west. The applicant is
requesting a Waiver to address the issue. Specifically, the applicant is requesting
a Waiver to allow a distance separation of zero feet from a residential use where
400 feet is the minimum distance required.
4. The use may not be located within 1,000 feet of any other massage
establishment.
The proposed use meets this requirement, as there are no other massage
establishments located within 1,000 feet of the subject property.
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 the applicant indicates in the
submitted justification letter, date stamped 10/27/16, that the hours of operation
would be 6:00 a.m. to 10:00 p.m.
Although the applicant is requesting a waiver with a zero-foot distance separation from
a residential use, the proposed use would be located completely within the existing
Lucky Dragon Hotel and Casino at the subject site. Other than the minimum use
requirements in Title 19.12, there are no special development requirements pertaining
to this site. The massage establishment should have minimal effect on the surrounding
area; therefore, staff recommends approval of this request.

FINDINGS (SUP-67488)
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.

CS

SUP-67488 [PRJ-67446]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

The proposed massage establishment can be conducted in a harmonious manner


with the surrounding area as it will be located completely within the existing
Hotel/Casino. The massage establishment will be an added amenity to the current
Gaming Establishment, Non-restricted use and is consistent with the G-O
(Gaming Enterprise Overlay) District requirements.
2.

The subject site is physically suitable for the type and intensity of land use
proposed.
The subject site is physically suitable for the uses and scale of development
proposed for the site. The Downtown Centennial Plan specifically calls for
development of this type and intensity in this area.

3.

Street or highway facilities providing access to the property are or will be


adequate in size to meet the requirements of the proposed use.
The proposed Massage Establishment can be accessed from Sahara Avenue, a
100-foot Primary Arterial as indicated on the Master Plan of Streets and Highways
that has adequate capacity to serve the existing development.

4.

Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.
The proposed Massage Establishment use will be subject to regular City and
County inspections for licensing and will therefore not compromise the public
health, safety, and general welfare or any objective of the General Plan.

5.

The use meets all of the applicable conditions per Title 19.12.
The proposed Massage Establishment does not adhere to minimum distance
separation requirements. The applicant is requesting a waiver of minimum
distance separation requirements from an existing residentially zoned property.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
03/22/61
The City Council approved a Rezoning (Z-0013-61) on a portion of the
subject site from R-3 to C-1.
07/26/61
The City Council approved a Rezoning (Z-0026-61) on a portion of the
subject property from R-3 to C-1.

CS

SUP-67488 [PRJ-67446]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

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


06/24/76
The Board of Zoning Adjustment approved a Variance (V-0037-76) in
order to permit a Wedding Chapel in a district where the use is not
allowed.
01/07/87

The City Council approved a Rezoning (Z-0099-86) on a portion of the


subject property in order to allow a Wedding Chapel use.

02/18/87

The City Council approved a Rezoning (Z-0107-86) on the subject


property from R-3 and C-1 to C-1 and C-2 in order to permit the
development of retail shops, gas sales and a convenience store, and a
restaurant.

06/25/87

The Board of Zoning Adjustment approved a Variance (V-0066-87) from


parking requirements for a shopping center on the subject property.

03/08/99

The City Council approved a Rezoning (Z-0002-99) to C-2 (General


Commercial on a portion of the subject property in order to permit the
development of 54,580 square-foot shopping center. A Variance (V0001-99) for relief from side, rear, and corner side yard setbacks and a
Vacation (VAC-0001-99) to vacate an alleyway were also approved in
conjunction with the Rezoning request. The Planning Commission and
staff recommended approval.

06/05/02

The City Council approved a Site Development Plan Review [Z-000299(1)] for the development of a 200-room hotel and casino on the site.
Special Use Permits for a Hotel Lounge Bar (U-0042-02) and NonRestricted Gaming (U-0043-02), and a Variance (V-0027-02) to allow the
construction of a parking garage directly on the north property line and 12foot high perimeter walls were also approved at that time. The Planning
Commission and staff recommended approval.

06/02/04

The City Council approved an Extension of Time (EOT-4349) for the


Variance (V-0027-02) request that allowed a zero-foot setback for the
parking structure and 12-foot high perimeter walls. The Planning
Commission and staff recommended approval. NOTE: This approval
expired June 5, 2006.

08/04/04

The City Council approved a Site Development Plan Review (SDR4534) and a Special Use Permit (SUP-4540) for a Mixed-Use
development consisting of 39 stories, 808 residential units and 35,500
square feet of commercial space on this site. The Planning Commission
and staff recommended approval.

CS

SUP-67488 [PRJ-67446]
Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

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


12/16/04
The Planning Commission approved a Tentative Map (TMP-5574) for an
810-unit mixed-use condominium subdivision on 3.90 acres adjacent to
the northwest corner of Sahara Avenue and Fairfield Avenue. Staff
recommended approval.
04/06/05

06/29/05

07/06/05

09/08/05

02/01/07

06/20/07

03/19/08

02/15/12

The City Council approved a Vacation (VAC-5902) to vacate public utility


easements at 200 West Sahara Avenue. The Planning Commission and
staff recommended approval.
The Planning and Development Department administratively approved a
request for a Final Map Technical Review (FMP-5750) to revert various
parcels to remove extraneous lot lines.
The City Council approved a Site Development Plan Review (SDR6588) for a 41-story mixed-use development including: 900 residential
units, 10,200 square-feet of commercial space and waivers from the
Downtown Centennial Plan on 3.90 acres located at the northwest
corner of Sahara Avenue and Fairfield Avenue.
The Planning
Commission and staff recommended approval.
The Planning Commission approved a Tentative Map (TMP-5574) for a
902-unit mixed-use condominium subdivision on 3.82 acres adjacent to
the northwest corner of Sahara Avenue and Fairfield Avenue. Staff
recommended approval.
The Planning and Development Department administratively approved a
request for a Final Map Technical Review (FMP-17618) of a one-lot
commercial subdivision of 3.86 acres located at northwest corner of
Sahara Avenue and Fairfield Avenue.
The City Council approved a request for a Vacation (VAC-20805) to
vacate a 27-foot 4-inch wide section of public right-of-way generally
located between Cincinnati Avenue and Sahara Avenue and a Variance
(VAR-20806) to allow a 12-foot tall wall along the west and north
property lines where eight feet is the maximum height permitted on
property located at 300 West Sahara Avenue.
The Planning
Commission and staff recommended approval.
The City Council approved a Rezoning (ZON-25295), Special Use
Permits (SUP-25262 and SUP-25263) and a Site Development Plan
Review (SDR-25261) for a Casino/Hotel 365 feet west of the northwest
corner of Sahara Avenue and Fairfield Avenue.
The Planning
Commission and staff recommended approval.
The City Council approved Rezoning (ZON-43888) from R-4 (High
Density Residential) to C-2 (General Commercial) on 0.20 acres at 305
West Cincinnati Avenue. The Planning Commission recommended
approval.

CS

SUP-67488 [PRJ-67446]
Staff Report Page Six
December 13, 2016 - Planning Commission Meeting

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


The City Council approved Special Use Permit (SUP-43889) to allow a
Gaming Establishment, Non-Restricted on the north side of Sahara
Avenue, approximately 410 feet west of Fairfield Avenue. The Planning
Commission recommended approval.
The City Council approved a Vacation (VAC-43891) in order to vacate a
portion of an existing alley south of Cincinnati Avenue and East of Tam
Drive. The Planning Commission recommended approval.
03/13/12
The Planning Commission approved a Tentative Map (TMP-44450) to
allow a one-lot commercial subdivision on 2.63 acres adjacent to the
north side of Sahara Avenue, approximately 410 feet west of Fairfield
Avenue.
12/03/14
The City Council approved a Review of Condition (ROC-56669) to
amend Condition #6 of Site Development Plan Review (SDR-43890)
from a Waiver form the downtown centennial plan is hereby approved,
to allow a meandering eight to ten-foot wide sidewalk and no amenity
zone along the back of curb along Sahara Avenue and zero to five-foot
amenity zone along Cincinnati Avenue where a 10-foot wide sidewalk
and five-foot amenity zone are required on 2.63 acres along the north
side of Sahara Avenue, approximately 410 feet west of Fairfield Avenue.
The Planning Department Administratively approved a Minor Site
Development Plan Review (SDR-56654) to amend a previously
approved (SDR-43890) to reduce the building height one story, modify
the faade, update the floor plans, revise the landscape plans, revise the
ingress/egress drive aisle, remove the garage exit ramp on the east side
of the project and align the parking garage with Cincinnati Avenue on
2.63 acres along the north side of Sahara Avenue, approximately 410
feet west of Fairfield Avenue.
06/15/16
The City Council approved Site Development Plan Review (SDR-63591)
for a Major Amendment to approved (SDR-43890) for revised hotel
building and parking garage elevations and a waiver of downtown
centennial plan parking structure design standards in conjunction with an
approved 240,199 square-foot hotel/casino on 2.51 acres on the north
side of Sahara Avenue, approximately 410 feet west of Fairfield Avenue.

Most Recent Change of Ownership


09/16/14
A deed was recorded for a change in ownership.

CS

SUP-67488 [PRJ-67446]
Staff Report Page Seven
December 13, 2016 - Planning Commission Meeting

Related Building Permits/Business Licenses


A building permit (07001894) application was submitted for the site.
This was for a plan check review for the demolition of an existing
service station at 300 West Sahara Avenue. This permit was reviewed
06/11/07
and approved by the Planning and Development Department and
issued by the Building and Safety Department on the day of submittal.
The permit was finalized on 06/15/07.
A commercial building permit (#272364) was issued for a Casino and
07/01/15
parking garage. The permit is active.
A commercial building permit (#272365) was issued for a Hotel Tower.
07/01/15
The permit is active.
A business license (G64-07573) was issued for a Resort Casino
11/09/16
Restaurant. The permit is active.
A business license (G64-07574) was issued for a Resort Casino
11/09/16
Restaurant. The permit is active.
A business license (G64-07588) was issued for a Resort Casino
11/09/16
Restaurant. The permit is active.
A business license (G64-07589) was issued for a Resort Casino
11/09/16
Restaurant. The permit is active.
A business license (G64-07590) was issued for a Resort Casino
11/09/16
Restaurant. The permit is active.
A business license (RMT-394398) was issued for a Casino Resort.
11/09/16
The permit is active.
A business license (P64-00181) was issued for a tavern. The permit is
11/09/16
active.
A business license (P64-00180) was issued for non-restricted gaming.
11/09/16
The permit is active.
A business license (G64-08169) was listed as pending as of 11/16/16
11/09/16
for Spa services.
A business license (G64-08171) was listed as pending as of 11/16/16
11/09/16
for a Spa with product sales.

Pre-Application Meeting
Staff conducted a pre-application meeting with the client where the
10/27/16
submittal requirements and deadlines were reviewed.

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

CS

SUP-67488 [PRJ-67446]
Staff Report Page Eight
December 13, 2016 - Planning Commission Meeting

Field Check
11/03/16

Staff conducted a routine site visit and found a Hotel/Casino under


construction. The site was well maintained.

Details of Application Request


Site Area
Net Acres
2.51

Planned or Special
Land Use
Designation

Existing Zoning
District

C (Commercial)

C-2 (General
Commercial)

South

Existing Land
Use Per Title
19.12
Gaming
Establishment,
Non-Restricted
Multi-Family
Residential
Undeveloped

East

Condominium

C (Commercial)

Multi-Family
Residential

MXU (Mixed Use)

Shopping Center

C (Commercial)

Surrounding
Property
Subject
Property
North

West

MXU (Mixed Use)


Clark County

R-4 (High Density


Residential)
Clark County
C-2 (General
Commercial)
C-1 (Limited
Commercial)
R-4 (High Density
Residential)

Master Plan Areas


Compliance
Downtown Centennial Plan
N
Special Purpose and Overlay Districts
Compliance
Downtown Centennial Plan Overlay District (Northern Strip Gateway
District)
N
G-O (Gaming Enterprise Overlay) District
Y
A-O (Airport Overlay) District (175 Feet)
Y
Other Plans or Special Requirements
Compliance
Trails
N/A
Las Vegas Redevelopment Plan Area
Y
Project of Significant Impact (Development Impact Notification
Y
Assessment)
Project of Regional Significance
Y*
*The subject site is located within 500 feet of the Citys jurisdictional boundary with
Clark County.
CS

SUP-67488 [PRJ-67446]
Staff Report Page Nine
December 13, 2016 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Street Name

Sahara Avenue

Functional
Classification of
Street(s)
Primary Arterial

Governing
Document

Actual
Street
Width
(Feet)

Complian
ce with
Street
Section

Master Plan of Streets


and Highways Map

120

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross
Base Parking Requirement
Provided
Compliance
Floor
Parking
Parking
Use
Area or
Parking
HandiHandiNumber
Regular
Regular
Ratio
capped
capped
of Units
Gaming
1:90 SF of
Establishment
18,889 SF
Gross
210
, NonFloor Area
restricted
201
1: Guest
Hotel
201
Rooms
Room
2:
Massage
4 rooms
Massage
8
Establishment
room/table
TOTAL SPACES REQUIRED
419
452
Y
Regular and Handicap Spaces
Y
410
9
443
9
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
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

Staff Recommendation

To allow a distance
separation of zero
feet from a
residential use where
400 feet is the
minimum distance
required

Approval

CS

SUP-67488

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SUP-67488 [PRJ-67446] - SPECIAL USE PERMIT - APPLICANT/OWNER: LUCKY DRAGON, LP


300 WEST SAHARA AVENUE
11/03/2016

SUP-67488 [PRJ-67446] - SPECIAL USE PERMIT - APPLICANT/OWNER: LUCKY DRAGON, LP


300 WEST SAHARA AVENUE
11/03/2016

SUP-67488 [PRJ-67446] - SPECIAL USE PERMIT - APPLICANT/OWNER: LUCKY DRAGON, LP


300 WEST SAHARA AVENUE
11/03/2016

SUP-67488 [PRJ-67446] - SPECIAL USE PERMIT - APPLICANT/OWNER: LUCKY DRAGON, LP


300 WEST SAHARA AVENUE
11/03/2016

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Agenda Item No.: 23.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-67546 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
ROBERTA LYNN MENAGH LIVING TRUST - For possible action on a request for a Special
Use Permit FOR AN ACCESSORY STRUCTURE (CLASS I) [CASITA] USE at 4107 Del
Monte Avenue (APN 162-06-601-006), R-E (Residential Estates) Zone, Ward 1 (Tarkanian)
[PRJ-66891]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

SUP-67546 [PRJ-66891]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: ROBERTA LYNN MENAGH LIVING TRUST

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

SUP-67546

Staff recommends APPROVAL, subject to conditions:

REQUIRED FOR
APPROVAL

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

239

APPROVALS

PROTESTS

27

SS

SUP-67546 [PRJ-66891]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

SUP-67546 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for an


Accessory Structure (Class I) use.

2.

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

3.

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

4.

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

5.

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

SS

SUP-67546 [PRJ-66891]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting a Special Use Permit for a proposed 1,027 square-foot
Accessory Structure (Class I) [Casita] in the rear yard of the property at 4107 Del Monte
Avenue. The casita would be occupied by relatives of the property owner.

ISSUES

An Accessory Structure (Class I) use is permitted in the R-E (Residence Estates)


zoning district with the approval of a Special Use Permit.
Until recently, the lot contained a 527 square-foot structure classified as a second
single-family dwelling by the Clark County Assessor. The structure was removed
after it began to collapse.

ANALYSIS
The Accessory Structure (Class I) use is defined as An accessory structure which is
located on the same residential parcel as a principal dwelling and which, as an ancillary
use, provide living quarters, including full kitchen facilities, for the occupants of the
principal dwelling or their tenants, domestic employees or temporary guests. The
proposed use meets the definition, as a structure is proposed that will be located behind
the principal dwelling and will provide both cooking and sleeping quarters for relatives of
the occupants of the principal dwelling.
The Minimum Special Use Permit Requirements for this use include:
1. The size of the lot or parcel must exceed 6500 square feet. (NONWAIVABLE)
The proposed use meets this requirement, as the subject lot is 33,541 square
feet in size.
2. Unless the principal dwelling is owner-occupied, a Class I accessory structure
may not be offered or occupied as a rental unit.
The proposed use meets this requirement, as the casita would be occupied full
time by persons related to the owner.
SS

SUP-67546 [PRJ-66891]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

The proposed single-story Accessory Structure (Class I) is a modular building that


would be located in the central portion of the lot approximately 82 feet behind the
existing house. It is 44 feet wide and approximately 23 feet long. In order to meet the
definition of an accessory structure, it must be of lesser area than the principal dwelling.
According to Clark County Assessor records, the existing house is 1,123 square feet.
As the accessory building is less than 1,200 square feet, it does not qualify as a
manufactured home and second single-family unit. The modular accessory structure
features a vinyl exterior and grey roof shingles. Compatibility of the modular casita
structure with the principal dwelling is indicated by the applicants statement within the
provided justification letter that the modular structure will be painted to match the
existing principal dwelling. The accessory structure contains a kitchen and dining area,
living room, three bedrooms and two bathrooms. A carport will be constructed adjacent
to the proposed accessory structure to provide an additional parking space as required
by Title 19.12.070.
Building records indicate that a 20-foot by 26-foot casita was located in a similar
location until recently. Prior to 2006, habitable accessory structures (termed guest
houses or casitas) were conditional uses as long as only one occupant room, a closet
and bathroom were provided. No kitchens or additional rooms were allowed without
approval of a Special Use Permit. The current code also allows for kitchens provided a
Special Use Permit is approved. The proposed structure meets the two minimum
Special Use Permit criteria as shown above, as well as Title 19.06.040(C) requirements
for accessory structures.
The proposed Accessory Structure (Class I) meets all minimum Special Use Permit
requirements, will be compatible with the principal dwelling and will be situated on the
lot such that views from Del Monte Avenue will be limited. Staff therefore recommends
approval, subject to conditions.

FINDINGS (SUP-67546)
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 Accessory Structure (Class I) will be located behind the principal
dwelling with limited views from the street. It will be painted to match the colors of
the principal dwelling.

SS

SUP-67546 [PRJ-66891]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

2.

The subject site is physically suitable for the type and intensity of land use
proposed.
The subject site meets the nonwaivable 6,500 square-foot minimum size
requirement for casitas. The proposed casita would be situated on the lot so as to
cause minimal impact to neighboring properties.

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 property is from Del Monte Avenue, a 60-foot Minor Street as
classified by Las Vegas Municipal Code. Several lots along the north side of Del
Monte Avenue narrow the right-of-way width to 55 feet. This street has access to
Hinson Street, a collector for this area. This access is adequate to meet the
requirements of the proposed Accessory Structure (Class I) use, as it will only be
used by the property owner and her guests.

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 a Special Use Permit for the Accessory Structure (Class I) use will still
require review and approval of building plans and inspection of construction,
thereby protecting the public health, safety and welfare.

5.

The use meets all of the applicable conditions per Title 19.12.
The proposed Accessory Structure (Class I) meets the minimum lot size
requirement, and the structure will not be occupied as a rental unit at this time.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
There are no relevant actions associated with this site.

Most Recent Change of Ownership


02/11/16
A deed was recorded for a change in ownership.

SS

SUP-67546 [PRJ-66891]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

Related Building Permits/Business Licenses


1955
The original dwelling on this lot was constructed.
A building permit (#02001690) was issued for connection of house and
02/01/02
existing casita to City sewer and abandonment of a septic system at
4107 Del Monte Avenue. An inspection completed 02/07/02.
A building permit (#02018037) was issued for a room addition to an
10/04/02
existing single family residential dwelling at 4107 Del Monte Avenue.
A final inspection was completed 03/06/03.
A building permit (302196) was issued for an electrical meter tag at
10/15/15
4107 Del Monte Avenue. A final inspection has not been completed.
A building permit (320160) was issued for remodeling of a single family
08/08/16
residential dwelling at 4107 Del Monte Avenue. A final inspection has
not been completed.
The applicant submitted an application (328056) for a building permit
for a modular building connecting to the existing electrical and
10/13/16
plumbing at 4107 Del Monte Avenue. The review is in a denial state
pending approval of a Special Use Permit for an Accessory Structure
(Class I).

Pre-Application Meeting
A pre-application meeting was held where submittal requirements for a
09/22/16
Special Use Permit application were discussed.

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

Field Check
11/08/16

The site contains a single family residential dwelling.


Only a
foundation is visible where the proposed casita is to be situated. The
rear yard contains a non-habitable accessory structure.

Details of Application Request


Site Area
Net Acres
0.77

SS

SUP-67546 [PRJ-66891]
Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

Surrounding
Property
Subject
Property
North
South
East
West

Existing Land
Use Per Title
19.12
Single Family,
Detached
Single Family,
Detached
Single Family,
Detached
Single Family,
Detached
Single Family,
Detached

Planned or Special
Land Use
Designation
R (Rural Density
Residential)
R (Rural Density
Residential)
R (Rural Density
Residential)
R (Rural Density
Residential)
R (Rural Density
Residential)

Existing Zoning
District
R-E (Residence
Estates)
R-D (Single Family
Residential-Restricted)
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
A-O (Airport Overlay) District (200 Feet)
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
Y
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
20,000 SF
Min. Lot Width
100 Feet
Min. Setbacks (accessory)
Front
N/A
Side
10 Feet
Rear
10 Feet
Min. Separation from Main
6 Feet
Dwelling

Provided
33,541 SF
118 Feet

Compliance
Y
Y

N/A
36 Feet
44 Feet

N/A
Y
Y

81 Feet

SS

SUP-67546 [PRJ-66891]
Staff Report Page Six
December 13, 2016 - Planning Commission Meeting

Standard

Required/Allowed
50% of rear and side
yard areas

Max. Lot Coverage (accessory)


Max. Building Height (accessory)

Street Name
Del Monte Ave

2 Stories/35 Feet

Functional
Classification
of Street(s)
Minor Street

Provided

Compliance

4%

1 Story/12
Feet

Actual
Street Width
(Feet)
60

Governing
Document
Title 13.12

Compliance
with Street
Section
N/A

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Use

Single
Family,
Attached
Accessory
Structure
(Class I)

Gross Floor
Area or
Number of
Units

Required
Parking
Parking
HandiRatio
Regular
capped

1 unit

2 spaces
per unit

1 casita

1
additional
space

TOTAL SPACES REQUIRED


Regular and Handicap Spaces Required

3
3

Provided
Parking
HandiRegular
capped

3
3

Compliance

Y
Y

SS

SUP-67546

SUP-67546

SUP-67546

SUP-67546

SUP-67546 - REVISED

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SUP-67546

SUP-67546

SUP-67546 [PRJ-66891] - SPECIAL USE PERMIT - APPLICANT/OWNER: ROBERTA LYNN MENAGH


LIVING TRUST
4107 DEL MONTE AVENUE
11/08/2016

SUP-67546 [PRJ-66891] - SPECIAL USE PERMIT - APPLICANT/OWNER: ROBERTA LYNN MENAGH


LIVING TRUST
4107 DEL MONTE AVENUE
11/08/2016

SUP-67546 [PRJ-66891] - SPECIAL USE PERMIT - APPLICANT/OWNER: ROBERTA LYNN MENAGH


LIVING TRUST
4107 DEL MONTE AVENUE
11/08/2016

SUP-67546 - REVISED

SUP-67546 - REVISED

SUP-67546 - REVISED

Agenda Item No.: 24.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SDR-67388 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING APPLICANT/OWNER: KHUSROW ROOHANI FAMILY TRUST - For possible action on a
request for a Major Amendment to a previously approved Site Development Plan Review (SDR41886)
FOR
A
PROPOSED
15,000
SQUARE-FOOT
COMMERCIAL
RECREATION/AMUSEMENT (INDOOR) FACILITY AND A 4,800 SQUARE-FOOT
RESTAURANT on 2.57 acres on the west side of Rock Springs Drive, approximately 330 feet
south of Lake Mead Boulevard (APN 138-22-714-004), C-1 (Limited Commercial) Zone, Ward
1 (Tarkanian) [PRJ-67387]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Clark County Department of Aviation Comments

SDR-67388 [PRJ-67387]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: KHUSROW ROOHANI FAMILY TRUST

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

SDR-67388

Staff recommends APPROVAL, subject to conditions:

REQUIRED FOR
APPROVAL

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

140

APPROVALS

PROTESTS

27

FS

SDR-67388 [PRJ-67387]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

SDR-67388 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Rezoning (ZON41884) and Site Development Plan (SDR-41886) 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, and
building elevations, date stamped 11/01/16, 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 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 depict 24-inch box trees with four five-gallon shrubs
along the north, south and west property lines spaced 30 feet on-center, and one
24-inch box tree with four five-gallon shrubs within each existing parking lot
landscape island.

7.

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.

FS

SDR-67388 [PRJ-67387]
Conditions Page Two
December 13, 2016 - Planning Commission Meeting

8.

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

Public Works
9.

Meet with the Fire Protection Engineering Section of the Department of Fire
Services to discuss fire requirements for the proposed use of this facility. The
design and layout of all onsite private circulation and access drives shall meet the
approval of the Department of Fire Services.

10. An update to the previously approved Drainage Plan and Technical Drainage
Study must be submitted to and approved by the Department of Public Works prior
to submittal of any construction drawings or the issuance of any building or grading
permits, whichever may occur first. Provide and improve all drainage ways
recommended in the approved drainage study update.
11. Comply with all previous applicable conditions of approval for SDR-41886 and any
other site related actions.

FS

SDR-67388 [PRJ-67387]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The request is for a major amendment to an approved Site Development Plan Review
(SDR-41886) for a 15,000 square-foot Commercial Recreation/Amusement (Indoor)
facility and a 4,800 square-foot restaurant building on the west side of Rock Springs
Drive, approximately 330 feet south of Lake Mead Boulevard.
ISSUES

The subject site was approved as a Shopping Center and is partially built out with an
Auto Repair, Minor and a Restaurant.
The subject pads were intended to be a future phase and no building elevations
accompanied the previous review. This proposed amendment will allow for the
orderly development of the remaining pad sites. Staff recommends approval of the
request.
Per the approved site plan, the two undeveloped subject pads were originally
depicted as a 20,000 square-foot office building and a 5,375 square-foot restaurant
building.
The applicant intends to add additional landscaping along the south, west and north
property lines so that the site meets minimum Title 19.08 landscape requirements.
The applicant will install parking lot trees where landscape islands without trees
currently exist.

ANALYSIS
The subject site is part of a 37,243 square-foot shopping center approved (SDR-41886)
by the City Council in 2011. The applicant is proposing to convert two undeveloped
building pads into a 15,000 square-foot Commercial Recreation/Amusement (Indoor)
facility and a 4,800 square-foot building with tenant space for an anticipated restaurant.
Both pads did not have specific plans with the original approval as they were intended
to be developed as a future phase, but the anticipated uses at the time were for a
20,000 square-foot office building and a 5,375 square-foot restaurant. All parking areas
and drive aisles were installed with the construction of the shopping center. The
required parking for the proposed uses is adequately accommodated on the site.
The perimeter landscaping has been installed, but the applicant has agreed to add
additional landscaping so that it meets current code requirements. The site as it
currently exists has sparse or nonexistent landscaping along the south, west and north
property lines. The landscape plan depicts 24-inch box trees along the perimeter of the
FS

SDR-67388 [PRJ-67387]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

site planted 30 feet on-center as required by Title 19.08. As it is difficult to differentiate


between the existing and proposed landscaping on the plan set, a condition of approval
has been added to ensure compliance with Title 19.08 perimeter landscape
requirements. The site has a number of parking lot landscape islands that have no
vegetation, and the landscape plan depicts the required trees and shrubs installed in
these areas. Tree species used throughout the site include Mexican Palo Verde,
Chitalpa, Holly Oak, Ash, and African Sumac.
The building elevations for the proposed Commercial Recreation/Amusement (Indoor)
facility depict a 40-foot tall building with a flat roof and a sand stucco finish. The
building faade is articulated with an aluminum storefront, glazing, and metal and fabric
awnings. The elevations for the proposed restaurant utilize similar construction
materials, but it has a sloped roof and a building height of 27 feet. The materials and
appearance of the buildings are consistent and compatible with the development in the
surrounding area.
The proposed development is appropriate for the C-1 (General Commercial) zone and
adjacent uses will not be adversely affected by the proposed Commercial
Recreation/Amusement (Indoor) and restaurant use. The overall site will be enhanced
as both remaining pad sites will be developed, and additional landscaping will be
installed where it is lacking or doesnt exist. Staff recommends approval of the
amendment request.
FINDINGS (SDR-67388)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E)
the Planning Commission and/or City Council must affirm the following:
1.

The proposed development is compatible with adjacent development and


development in the area;
The proposed development is located in a commercial area and 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 duly-adopted city plans, policies and standards;
The development is consistent with all applicable adopted city plans, policies and
standards.

FS

SDR-67388 [PRJ-67387]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
Site access and circulation will not negatively impact adjacent roadways or
neighborhood traffic.

4.

Building and landscape materials are appropriate for the area and for the
City;
The proposed landscape and building materials are appropriate for the area and
for 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 building elevations 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.
The site will be subject to regular inspection and therefore does not compromise
the publics health, safety or general welfare.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a General Plan Amendment (GPA-14318)
from the PF (Public Facilities) land use designation to the H (High
Density Residential) land use designation; a Rezoning (ZON-14321)
from the U (Undeveloped) [PF (Public Facilities) Master Plan
Designation] zoning district to the R-4 (High Density Residential)
zoning district; a Site Development Plan Review (SDR-14323) for a
09/06/06
proposed three-story, 92-unit residential condominium development;
and a Variance (VAR-14322) to allow three stories where two stories
or 35 feet is the maximum height on 4.43 acres adjacent to the west
side of Rock Springs Drive, approximately 300 feet south of Lake
Mead Boulevard. The Planning Commission recommended approval
with staff recommending denial.

FS

SDR-67388 [PRJ-67387]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

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


The City Council approved a General Plan Amendment (GPA-20216)
from the H (High Density Residential) land use designation to the M
(Medium Density Residential) land use designation; a Rezoning (ZON20217) from U (Undeveloped) Zone under Resolution of Intent to R-4
(High Density Residential) Zone to R-PD14 (Residential Planned
Development - 14 Units Per Acre) Zone; a Site Development Plan
Review (SDR-20220) for a proposed 65-lot Single Family Residential
Subdivision; a Variance (VAR- 20219) to allow 10,288 square feet of
06/06/07
open space where 46,718 is the required minimum; a Variance (VAR20419) to allow a Residential Planned Development on 4.91 acres
where five acres is the required minimum; and Waiver (WVR-20568) of
Title 18.12.130 for termination of a private street without a circular culde-sac or crash gate on 4.91 acres 300 feet south of Lake Mead
Boulevard and the west side of Rock Springs Drive. The Planning
Commission and staff recommended denial of the General Plan
Amendment. The Planning Commission recommended approval of the
remaining related items with staff recommending denial of all items.
The Planning Commission approved a request for a Tentative Map
(TMP-21698) for a proposed 63-lot single family residential subdivision
06/28/07
on 4.91 acres on the west side of Rock Springs Drive approximately
300 feet south of Lake Mead Boulevard. Staff recommended approval.
The City Council approved a request for a General Plan Amendment
(GPA-41883) from M (Medium Density Residential) to SC (Service
Commercial), a Rezoning (ZON-41884) from U (Undeveloped) to C-1
08/17/11
(Limited Commercial), a Special Use Permit (SUP-41885) to allow an
Auto Repair Garage, Minor, and a Site Development Plan Review
(SDR-41886) for a 37,243 square-foot Shopping Center. Staff and the
Planning Commission had recommended approval on 07/11/11.
Most Recent Change of Ownership
03/28/08
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
05/21/12
Plan Check #43731was approved for an auto repair garage, minor.
11/14/12
Plan Check #46722 was approved for a restaurant.
Pre-Application Meeting
A pre-application meeting was held and general Site Development
10/7/16
Plan Review submittal requirements were discussed.

FS

SDR-67388 [PRJ-67387]
Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

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

Field Check
10/31/16

A field check was conducted and the site is partially built out with a
restaurant and an auto repair garage, minor.

Details of Application Request


Site Area
Net Acres
4.43

Surrounding
Property
Subject
Property

Existing Land
Use Per Title
19.12
Restaurant / Auto
Repair Garage,
Minor.

North

Shopping Center

South

Elementary School
Auto Repair
Garage
Office, other than
listed

East
West

Planned or Special
Land Use
Designation

Existing Zoning
District

SC (Service
Commercial)

C-1 (Limited
Commercial)

SC (Service
Commercial)
PF (Public Facilities)
SC (Service
Commercial)
SC (Service
Commercial)

C-1 (Limited
Commercial)
U (Undeveloped)
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)

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

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

FS

SDR-67388 [PRJ-67387]
Staff Report Page Six
December 13, 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
10 Feet
Side
10 Feet
Rear
20 Feet
Max. Lot Coverage
Trash Enclosure
Mech. Equipment

50 %

Screened, Gated, w/ a
Roof or Trellis
Screened

Provided
335 Feet

Compliance
Y

65 Feet
25 Feet
83 Feet

Y
Y
Y
Y
Y

12 %
Screened,
Gated, w/ a
Roof or
Trellis
Screened

Y
Y

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Use

Gross Floor
Area or
Number of
Units

Shopping
Center

37,243

Required
Parking
Parking
HandiRatio
Regular
capped

Provided
Parking
HandiRegular
capped

Compliance

1:250

TOTAL SPACES REQUIRED


Regular and Handicap Spaces Required

149
144

194
185

Y
Y

FS

SDR-67388

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SDR-67388

SDR-67388 [PRJ-67387] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: KHUSROW


ROOHANI FAMILY TRUST
WEST SIDE OF ROCK SPRINGS DRIVE, SOUTH OF LAKE MEAD BOULEVARD
11/03/2016

SDR-67388 [PRJ-67387] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: KHUSROW


ROOHANI FAMILY TRUST
WEST SIDE OF ROCK SPRINGS DRIVE, SOUTH OF LAKE MEAD BOULEVARD
11/03/2016

SDR-67388 [PRJ-67387] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: KHUSROW


ROOHANI FAMILY TRUST
WEST SIDE OF ROCK SPRINGS DRIVE, SOUTH OF LAKE MEAD BOULEVARD
11/03/2016

SDR-67388 [PRJ-67387] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: KHUSROW


ROOHANI FAMILY TRUST
WEST SIDE OF ROCK SPRINGS DRIVE, SOUTH OF LAKE MEAD BOULEVARD
11/03/2016

SDR-67388 [PRJ-67387] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: KHUSROW


ROOHANI FAMILY TRUST
WEST SIDE OF ROCK SPRINGS DRIVE, SOUTH OF LAKE MEAD BOULEVARD
11/03/2016

SDR-67388

CITY OF LAS VEGAS


PLANNING COMMISSION AND CITY COUNCIL
RECOMMENDATIONS / COMMENTS

FROM:

CLARK COUNTY DEPARTMENT OF AVIATION

APPLICATION NUMBERS:

SDR-67388

PROJECT:

LOL KIDS CLUB

LOCATION:

138-22-714-004

MEETING DATES:

DECEMBER 13, 2016 PLANNING COMMISSION &


JANUARY 18, 2017, CITY COUNCIL

COMMENTS:
Federal Aviation Regulations (Title 14, Part 77) require that the Federal Aviation Administration
(FAA) be notified before the construction or alteration of any building or structure greater than
200 feet in height ( 77.13(a)(1)) or that will exceed a slope of 100:1 for a distance of 20,000
feet from the nearest point of any airport runway greater than 3,200 feet in length ( 77.13
(a)(2)(i)). Such notification allows the FAA to determine what impact, if any, the proposed
development will have upon navigable airspace, and allows the FAA to determine whether the
development requires obstruction marking or lighting.
The proposed development will exceed the 100:1 notice requirement for McCarran International
Airport (LAS). Therefore, as required by 14 CFR Part 77, the FAA must be notified of the
proposed construction or alteration. The CCDOA requests that the City of Las Vegas impose
the conditions listed below for the project:

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;
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.
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.
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.

Agenda Item No.: 25.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAC-67371 - VACATION - PUBLIC HEARING - APPLICANT/OWNER: PRE RANCHO
JONES, LLC - For possible action on a request for a Petition to Vacate a portion of Alexander
Road east of Rancho Drive, Ward 5 (Barlow) [PRJ-66718]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcard

VAC-67371 [PRJ-66718]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: PRE RANCHO JONES, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

VAC-67371

Staff recommends APPROVAL, subject to conditions:

REQUIRED FOR
APPROVAL

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

APPROVALS

PROTESTS

16

JB

VAC-67371 [PRJ-66718]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

VAC-67371CONDITIONS
Planning
1.

The limits of this Petition of Vacation shall be the 50 feet of excess Alexander
Road right-of-way generally located between Leon Avenue and Alexander Road.

2.

All public improvements, if any, adjacent to and in conflict with this vacation
application are to be modified, as necessary, at the applicant's expense prior to the
recordation of an Order of Vacation.

3.

The Order of Vacation shall not be recorded until all of the conditions of approval
have been met provided, however, that conditions requiring modification of public
improvements may be fulfilled for purposes of recordation by providing sufficient
security for the performance thereof in accordance with the Subdivision Ordinance
of the City of Las Vegas. City Staff is empowered to modify this application if
necessary because of technical concerns or because of other related review
actions as long as current City right-of-way requirements are still complied with and
the intent of the vacation application is not changed. If applicable, a five foot wide
easement for public streetlight and fire hydrant purposes shall be retained on all
vacation actions abutting public street corridors that will remain dedicated and
available for public use. Also, if applicable and where needed, public easement
corridors and sight visibility or other easements that would/should cross any rightof-way or easement being vacated must be retained.

4.

Reservation of easements for the facilities of the various utility companies together
with reasonable ingress thereto and egress there from shall be provided if
required.

5.

All development shall be in conformance with code requirements and design


standards of all City Departments.

6.

If the Order of Vacation is not recorded within one (1) year after approval by the
City of Las Vegas or an Extension of Time is not granted by the Planning Director,
then approval will terminate and a new petition must be submitted.

JB

VAC-67371 [PRJ-66718]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting to vacate a City of Las Vegas public right-of-way generally
known as a portion of Alexander Road east of Rancho Drive.

ISSUES

The Department of Public Works requested the proposed vacation of right-of-way


per condition of approval #1 associated with approved Parcel Map (PMP-66120).

ANALYSIS
This Vacation application proposes to vacate existing Public Right-of-Ways. Public
Works offers the following comments:
A. Does this vacation request result in uniform or non-uniform right-of-way
widths? Yes. The proposed vacation will result in removing excess right-ofway for Alexander Road.
B. From a traffic handling viewpoint will this vacation request result in a reduced
traffic handling capability? No, since the road was re-aligned.
C. Does it appear that the vacation request involves only excess right-of-way?
Yes. Since Alexander Road was re-aligned to the south it is no longer
required.
D. Does this vacation request coincide with development plans of the adjacent
parcels? Yes. The northwest corner of Leon Avenue and Alexander Road is
being developed as a charter school and a Parcel Map has also been
submitted (PMP-66120)
E. Does this vacation request eliminate public street access to any abutting
parcel? No.
F. Does this vacation request result in a conflict with any existing City
requirements? No.
G. Does the Department of Public Works have an objection to this vacation
request? No.
JB

VAC-67371 [PRJ-66718]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

The Department of Public Works supports the Vacation application request generally
known as a portion of Alexander Road east of Rancho Drive.

FINDINGS (VAC-67371)
The Department of Public Works and Department of Planning are not opposed to this
Petition of Vacation as the Department of Public Works requested the proposed vacation
of right-of-way per condition of approval #1 associated with approved Parcel Map (PMP66120). Therefore, Staff recommends approval with conditions.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a request to amend portions of the
Centennial Hills Sector Plan and the Southwest Sector Map FROM:
GC (General Commercial), SC (Service Commercial) and DR (Desert
Rural) TO: GC (General Commercial), O (Office), PF (Public Facility),
ML (Medium Low Density Residential) and DR (Desert Rural Density
Residential) on property located on, or in close proximity to, both sides
of Rancho Drive from Vegas Drive to the northern City limits at
Moccasin Road. The Planning Commission and staff recommended
approval.
04/02/03
Request for a Rezoning FROM: C-2 (General Commercial), R-E
(Residence Estates), R-MHP (Residential Mobile/Manufactured Home
Park), and U (Undeveloped) TO: C-2 (General Commercial), C-1
(Limited Commercial), O (Office), C-V (Civic), R-E (Residence
Estates), R-1 (Single Family Residential), and U (Undeveloped)to GC
(General Commercial), O (Office), PF (Public Facility), ML (MediumLow Density Residential) and DR (Desert Rural) on property located
on, or in close proximity to, both sides of Rancho Drive from Vegas
Drive to the northern City limits at Moccasin Road. The Planning
Commission and staff recommended approval.
An application was submitted for a Parcel Map Technical Review
(PMP-66120) for a two-lot Parcel Map on 17.15 acres at the northwest
08/08/16
corner of Alexander Road and Leon Avenue. The map has not been
recorded.

JB

VAC-67371 [PRJ-66718]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

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


The Planning Commission will consider a request for a Variance (VAR65909) to allow an eight-foot tall wall in the front yard where a
maximum wall height of five feet is allowed on a 6.11-acre portion of a
17.08-acre parcel on the northwest corner of Alexander Road and
Leon Avenue. Staff recommended approval.
The Planning Commission will consider a request for a Variance (VAR66310) to allow a deviation from Complete Streets Standards to
provide a horse trail in place of a sidewalk adjacent to Leon Avenue on
a 6.11-acre portion of a 17.08-acre parcel on the northwest corner of
Alexander Road and Leon Avenue. Staff recommended approval.
The Planning Commission will consider a request for a Special Use
09/13/16
Permit (SUP-65910) for a proposed Public or Private School, Primary
on the northwest corner of Leon Avenue and Alexander Road. Staff
recommended approval.
The Planning Commission will consider a request for a Special Use
Permit (SUP-65911) for a proposed Public or Private School,
Secondary on the northwest corner of Leon Avenue and Alexander
Road. Staff recommended approval.
The Planning Commission will consider a request for a Site
Development Plan Review (SDR-65912) for a proposed 58,745
square-foot Public or Private School, Primary and Secondary use on a
6.11-acre portion of a 17.08-acre parcel on the northwest corner of
Alexander Road and Leon Avenue. Staff recommended approval.

Most Recent Change of Ownership


05/10/16
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
There are no relevant building permits or licenses related to this site.
Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the
09/08/16
submittal requirements for a Waiver and Vacation applications for a
previously approved project on the subject site.

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

JB

VAC-67371 [PRJ-66718]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

Field Check
11/03/16

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

Details of Application Request


Site Area
Net Acres
17.08

Existing Land
Use Per Title
19.12

Planned or Special
Land Use
Designation

Subject
Property

Undeveloped

ML (Medium Low
Density Residential)

North

Undeveloped

ML (Medium Low
Density Residential)

Undeveloped

ML (Medium Low
Density Residential)

Clinic

GC (General
Commercial)

U (Undeveloped) [ML
(Medium Low Density
Residential)]
U (Undeveloped) [ML
(Medium Low Density
Residential)]
U (Undeveloped) [ML
(Medium Low Density
Residential)]
C-2 (General
Commercial)

East

Single Family
Residential,
Detached

DR (Desert Rural
Density Residential)

R-E (Residence
Estates)

West

Undeveloped

SC (Service
Commercial)

C-1 (Limited
Commercial)

Surrounding
Property

South

Master Plan Areas


No Applicable Master Plan Area
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

Existing Zoning
District

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

JB

VAC-67371 [PRJ-66718]
Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

LEGAL DESCRIPTION
The above property is legally described as a portion of the southwest quarter (sw) of
the southwest quarter (sw) of the southwest quarter (sw) of section 1, township 20
south, range 60 east, M.D.M. in the City Of Las Vegas, County of Clark, State of
Nevada.

JB

VAC-67371

VAC-67371

VAC-67371

VAC-67371

VAC-67371

VAC-67371

VAC-67371

VAC-67371

VAC-67371 [PRJ-66718] - VACATION - APPLICANT/OWNER: PRE RANCHO JONES, LLC


ALEXANDER ROAD EAST OF RANCHO DRIVE
11/08/2016

VAC-67371

Agenda Item No.: 26.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAC-67410 - VACATION - PUBLIC HEARING - APPLICANT/OWNER: TA LAS VEGAS
4760 EBR, LLC - For possible action on a request for a Petition to Vacate the public drainage
easement located on the northeast corner of Bonanza Road and Marion Drive (APN 140-29-801004), Ward 3 (Coffin) [PRJ-65891]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
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

VAC-67410 [PRJ-65891]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: TA LAS VEGAS 4760 EBR, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

REQUIRED FOR
APPROVAL

VAC-67410

Staff recommends APPROVAL, subject to conditions:

N/A

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

13

APPROVALS

PROTESTS

21

RG

VAC-67410 [PRJ-65891]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

VAC-67410 CONDITIONS
Planning
1.

The limits of this Petition of Vacation shall be the unused Public Drainage
Easements generally located east of Marion Drive and north of Bonanza Road.

2.

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 recordation of the Order of Vacation. Provide and improve all drainageways
recommended in the approved drainage study update.

3.

All public improvements, if any, adjacent to and in conflict with this vacation
application are to be modified, as necessary, at the applicant's expense prior to the
recordation of an Order of Vacation.

4.

All development shall be in conformance with code requirements and design


standards of all City Departments.

5.

The Order of Vacation shall not be recorded until all of the conditions of approval
have been met provided, however, that conditions requiring modification of public
improvements may be fulfilled for purposes of recordation by providing sufficient
security for the performance thereof in accordance with the Subdivision Ordinance
of the City of Las Vegas. City Staff is empowered to modify this application if
necessary because of technical concerns or because of other related review
actions as long as current City right-of-way requirements are still complied with and
the intent of the vacation application is not changed

6.

If the Order of Vacation is not recorded within one (1) year after approval by the
City of Las Vegas or an Extension of Time is not granted by the Planning Director,
then approval will terminate and a new petition must be submitted.

RG

VAC-67410 [PRJ-65891]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting to vacate a public drainage easement generally located at
the northeast corner of Bonanza Road and Marion Drive.

ANALYSIS
This application request proposes that the City of Las Vegas relinquish its interest in a
public drainage easement associated with Assessors Parcel Number 140-29-801-004,
generally located on the northeast corner of Bonanza Road and Marion Drive. The
public drainage easement for the site has changed and this recorded easement is no
longer required. It is noted that this request is in relation to the Site Development Plan
Review (SDR-60350) for a proposed 59,826 square-foot building for a Private School,
Primary use on the subject site.

FINDINGS (VAC-67410)
This Vacation application proposes to vacate existing public drainage easement. As no
right-of-way is being proposed to be vacated, and no franchise rights are involved it is
not necessary to send this Vacation request to the utility companies and franchise
holders, nor wait for their responses. Since only City easements are involved, any utility
company interests will need to be addressed with each respective utility company and
will not be affected by the City vacating its interest. Staff recommends approval with
conditions.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a Rezoning (Z-0054-02) from R-E
(Residence Estates) to R-PD5 (Residential Planned Development 5
Units per Acre) and a Site Development Plan Review [Z-0054-02(1)]
12/18/02
for a proposed 34-lot residential subdivision on 7.65 acres located
adjacent to the northeast corner of Bonanza Road and Marion Drive.
The Planning Commission and Staff recommended approval of these
requests.

RG

VAC-67410 [PRJ-65891]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

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


The City Council approved an Extension of Time (EOT-5847) of an
approved Rezoning (Z-0054-02) from R-E (Residence Estates) to RPD5 (Residential Planned Development - 5 Units per Acre) and an
02/05/05
Extension of Time (EOT-5848) of an approved Site Development Plan
Review [Z-0054-02(1)] for a proposed 37-lot single-family development
on 7.65 acres adjacent to the northeast corner of Bonanza Road and
Marion Drive. Staff recommended approval of these requests.
The City Council approved a General Plan Amendment (GPA-10532)
to Amend a portion of the Southeast Sector Plan of the General Plan
from L (Low Density Residential) to SC (Service Commercial), a
Rezoning (ZON-10536) from R-E (Residence Estates) under
Resolution of Intent to R-PD5 (Residential Planned Development - 5
Units per Acre) to C-1 (Limited Commercial), a Special Use Permit
02/15/06
(SUP-10538) for a proposed Mini-Warehouse Facility and a Site
Development Plan Review (SDR-10535) for a proposed 187,590
square-foot office and mini-warehouse development with a Waiver of
the Building Placement Standards on 6.01 acres adjacent to the
northeast corner of Bonanza Road and Marion Drive. The Planning
Commission and staff recommended denial of these requests.
The City Council approved a Rezoning (ZON-28982) from R-E
(Residence Estates) to C-1 (Limited Commercial) on 7.65 acres
adjacent to the northeast corner of Bonanza Road and Marion Drive.
The Planning Commission and staff recommended approval.
The City Council approved a Special Use Permit (SUP-28981) for a
proposed Mini-Storage Facility at the northeast corner of Bonanza
Road and Marion Drive. The Planning Commission and staff
10/01/08
recommended approval.
The City Council approved a Site Development Plan Review (SDR28980) for a proposed 54,087 square-foot, three-story office building
and a 104,100 square-foot mini-storage facility with a Waiver of the
building placement standards on 5.54 acres at the northeast corner of
Bonanza Road and Marion Drive. The Planning Commission and staff
recommended approval.
The Planning Commission approved a Special Use Permit (SUP60347) for a Private School, Primary use located at 4760 East
Bonanza Road. Staff recommended approval.
The Planning Commission approved a Vacation (VAC-60348) petition
to vacate a 15-foot wide public pedestrian easement located at 4760
09/08/15
East Bonanza Road. Staff recommended approval.
The Planning Commission approved a Site Development Plan Review
(SDR-60350) for a proposed 59,826 square-foot building for a Private
School, Primary use located at 4760 East Bonanza Road. Staff
recommended approval.
RG

VAC-67410 [PRJ-65891]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

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


A Code Enforcement case (#165046) was processed for homeless
encampment in center of lot and a shade structure under a large bush
03/30/16
located at 4760 East Bonanza Road. The case was resolved
05/12/16.
A Code Enforcement case (#171327) was processed for homeless
10/11/16
encampment located at 4760 East Bonanza Road. The case is
currently active.

Most Recent Change of Ownership


10/15/12
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


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

Pre-Application Meeting
A pre-application meeting was conducted with the applicant and
discussed the Vacation application submittal process. Also, discussed
the nature of the vacation due to the recorded public drainage
07/26/16
easement is no longer needed by Site Development Plan Review
(SDR-60350) for a proposed 59,826 square-foot building for a Private
School, Primary use.

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

Field Check
11/03/16

Staff conducted a field check of the subject site and the parcel is
undeveloped with dirt dumped on site.

Details of Application Request


Site Area
Net Acres
5.54

RG

VAC-67410 [PRJ-65891]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

Surrounding
Property
Subject
Property
North
South
East
West

Existing Land
Use Per Title
19.12
Undeveloped
Drainage Channel
Single Family,
Detached
Drainage Channel
Single Family,
Detached

Planned or Special
Land Use
Designation
SC (Service
Commercial)
PF (Public Facilities)
ML (Medium-Low
Density Residential)
PF (Public Facilities)
L (Low Density
Residential)

Existing Zoning
District
C-1 (Limited
Commercial)
C-V (Civic)
R-CL (Single Family
Compact-Lot)
C-V (Civic)
R-1 (Single Family
Residential)

Master Plan Areas


Compliance
No Applicable Master Plan Area
N/A
Special Purpose and Overlay Districts
Compliance
Rural Preservation Overlay District
Y
Other Plans or Special Requirements
Compliance
Trails
Y*
Las Vegas Redevelopment Plan Area
N/A
Project of Significant Impact (Development Impact Notification
N/A
Assessment)
N/A
Project of Regional Significance
*Las Vegas Wash trail has been installed and funded by local governments.

RG

VAC-67410

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VAC-67410 [PRJ-65891] - VACATION - APPLICANT/OWNER: TA LAS VEGAS 4760 EBR, LLC


NORTHEAST CORNER OF BONANZA ROAD AND MARION DRIVE
11/03/2016

VAC-67410 [PRJ-65891] - VACATION - APPLICANT/OWNER: TA LAS VEGAS 4760 EBR, LLC


NORTHEAST CORNER OF BONANZA ROAD AND MARION DRIVE
11/03/2016

VAC-67410

Agenda Item No.: 27.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAC-67457 - VACATION - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS
VEGAS - For possible action on a request for a Petition to Vacate portions of Commerce Street,
Wyoming Avenue and Main Street adjacent to Block 6 of Boulder Addition, Ward 3 (Coffin)
[PRJ-67452]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
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

VAC-67457 [PRJ-67452]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

VAC-67457

Staff recommends APPROVAL, subject to conditions:

REQUIRED FOR
APPROVAL

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

13

APPROVALS

PROTESTS

28

SS

VAC-67457 [PRJ-67452]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

VAC-67457 CONDITIONS
Planning
1.

The limits of this Petition of vacation shall be portions of Main Street, Commerce
Street, and Wyoming Avenue adjacent to Assessors Parcel #162-03-210-012.

2.

Reservation of easements for the facilities of the various utility companies together
with reasonable ingress thereto and egress there from shall be provided if
required.

3.

All development shall be in conformance with code requirements and design


standards of all City Departments.

4.

The Order of Vacation shall not be recorded until all of the conditions of approval
have been met provided, however, that conditions requiring modification of public
improvements may be fulfilled for purposes of recordation by providing sufficient
security for the performance thereof in accordance with the Subdivision Ordinance
of the City of Las Vegas. City Staff is empowered to modify this application if
necessary because of technical concerns or because of other related review
actions as long as current City right of way requirements are still complied with and
the intent of the vacation application is not changed. If applicable, a five foot wide
easement for public streetlight and fire hydrant purposes shall be retained on all
vacation actions abutting public street corridors that will remain dedicated and
available for public use. Also, if applicable and where needed, public easement
corridors and sight visibility or other easements that would/should cross any rightof-way or easement being vacated must be retained.

5.

If the Order of Vacation is not recorded within one (1) year after approval by the
City of Las Vegas or an Extension of Time is not granted by the Planning Director,
then approval will terminate and a new petition must be submitted.

SS

VAC-67457 [PRJ-67452]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
This is a request from the City of Las Vegas for a Petition to Vacate excess public rightof-way in Commerce Street, Wyoming Avenue and Main Street adjacent to Block 6 of
Boulder Addition (APN 162-03-210-012).

ANALYSIS
The City of Las Vegas is in the process of constructing the Main/Commerce Couplet
public improvement project, which is intended to improve traffic handling in this area.
Main Street and Commerce Street are parallel streets running north-south adjacent to
Assessors Parcel Number 162-03-210-012, which covers an entire city block. The
rights-of-way to be vacated are not used for roadway purposes and can accrue to the
adjacent property owner. The needed right-of-way widths, including sidewalks, are
currently sufficient. There are no required trails in the subject rights-of-way.
The Department of Public Works has presented the following information concerning
this request to vacate certain public street rights-of-way:
A. Does this vacation request result in uniform or non-uniform right-of-way widths?
Uniform, as it will vacate portions of right-of-way not used by the roadways.
B. From a traffic handling viewpoint will this vacation request result in a reduced
traffic handling capability?
No, as it does not vacate any rights-of-way currently used for roadway purposes,
and it facilitates construction of improvements to improve traffic handling on the
Main/Commerce couplet.
C. Does it appear that the vacation request involves only excess right-of-way?
Yes.
D. Does this vacation request coincide with development plans of the adjacent
parcels?
Yes, the Main/Commerce Couplet Public Improvement Project.
E. Does this vacation request eliminate public street access to any abutting parcel?
No.
SS

VAC-67457 [PRJ-67452]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

F. Does this vacation request result in a conflict with any existing City
requirements?
No.
G. Does the Department of Public Works have an objection to this vacation
request?
No.

FINDINGS (VAC-67457)
As the rights-of-way to be vacated are not currently used for roadway purposes and will
not result in a reduction of traffic handling capacity, staff recommends approval of the
Petition to Vacate, subject to conditions.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved an appeal from the decision of the Board of
Zoning Adjustment to approve a request for a Variance (V-0140-84) to
allow a proposed 301-unit apartment development (demo and rebuild
of existing apartment use) and to provide 113 parking spaces where
03/20/85
301 spaces were required at 1600 South Main Street. The City
Council approved the apartments but denied the portion of the
variance to allow reduced parking. Staff recommended approval of the
apartments but denial of the parking reduction.
The City Council approved a Variance (V-0021-86) to allow a
proposed 301-unit apartment development (demo and rebuild of
existing apartment use) and to provide 113 parking spaces where 301
04/16/86
spaces were required at 1600 South Main Street. The Board of
Zoning Adjustment recommended approval. Staff recommended
approval of the apartments but denial of the parking reduction.
The City Council denied an appeal from the decision of the Board of
Zoning Adjustment to deny a request for a Variance (V-0041-88) to
allow a proposed three-story, 310-unit retirement apartment
05/18/88
development (demo and rebuild of existing apartment use) and to
provide 78 parking spaces where 310 spaces were required at 1600
South Main Street. Staff recommended approval with a condition to
provide a minimum of 120 parking spaces on site.

SS

VAC-67457 [PRJ-67452]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

Most Recent Change of Ownership


A deed was recorded for a change in ownership on the adjacent
11/30/98
parcel.

Pre-Application Meeting
As this was a City-initiated request, staff did not directly meet with the
10/26/16
applicant, but verified all submittal materials were present and
accurate.

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

Field Check
11/03/16

Surrounding
Property

North

The area to be vacated is adjacent to a vacant city block.


improvements are in process along Commerce Street.

Existing Land
Use Per Title
19.12
General Retail
Store
(Convenience
Store)
Package Liquor
Off-Sale
Establishment
General Retail
Store
Restaurant

Planned or Special
Land Use
Designation

Existing Zoning
District

LI/R (Light
Industrial/Research)

C-M
(Commercial/Industrial)

C (Commercial)

C-2 (General
Commercial)

Pawn Shop
South

C (Commercial)
Outdoor Storage

East

General Retail
Store

Public

C (Commercial)

C-2 (General
Commercial)
C-M
(Commercial/Industrial)
C-2 (General
Commercial)

SS

VAC-67457 [PRJ-67452]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

Surrounding
Property

West

Existing Land
Use Per Title
19.12
Auto Repair
Garage, Major
Office, Other Than
Listed (Labor
Union) parking
lot

Planned or Special
Land Use
Designation
LI/R (Light
Industrial/Research)

Existing Zoning
District
M (Industrial)
C-2 (General
Commercial)

C (Commercial)

Master Plan Areas


Downtown Centennial Plan
Special Purpose and Overlay Districts
Downtown Centennial Plan Overlay District (Northern Strip Gateway
District)
A-O (Airport Overlay) District (200 Feet)
Other Plans or Special Requirements
Trails (Pedestrian Path)
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification
Assessment)
Project of Regional Significance

Street Name

Functional
Classification
of Street(s)

Wyoming Ave

Major Collector

Main St

Primary Arterial

Commerce St

Minor Street

Governing
Document
Master Plan of
Streets and
Highways Map
Master Plan of
Streets and
Highways Map
Title 13.12

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

Actual
Street Width
(Feet)

Compliance
with Street
Section

64

76

66

N/A

SS

VAC-67457

VAC-67457

VAC-67457

VAC-67457

VAC-67457 [PRJ-67452] - VACATION - APPLICANT/OWNER: CITY OF LAS VEGAS


PORTIONS OF COMMERCE STREET, WYOMING AVENUE AND MAIN STREET ADJACENT TO BLOCK 6 OF
BOULDER ADDITION
11/03/2016

VAC-67457 [PRJ-67452] - VACATION - APPLICANT/OWNER: CITY OF LAS VEGAS


PORTIONS OF COMMERCE STREET, WYOMING AVENUE AND MAIN STREET ADJACENT TO BLOCK 6 OF
BOULDER ADDITION
11/03/2016

VAC-67457

Agenda Item No.: 28.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - SDR-66170 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING APPLICANT: NIM MEISHAR - OWNER: B-Y LOMA VISTA, LLC - For possible action on a
request for a Major Amendment to a previously approved Plot Plan Review (Z-0102-73) FOR A
WAIVER OF TITLE 19.08 LANDSCAPING IRRIGATION REQUIREMENTS on 2.34 acres
located at 4600 Meadows Lane (APN 139-31-110-002), C-1 (Limited Commercial) Zone, Ward
1 (Tarkanian) [PRJ-65854]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 01/18/2017
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. Abeyance Request Letter
2. Location and Aerial Maps
3. Conditions and Staff Report
4. Supporting Documentation
5. Photo(s)
6. Justification Letter
7. Protest/Support Postcards

RECEIVED
Nov 29 2016
City of Las Vegas
Dept. of Planning

SDR-66170
Item #28

SDR-66170 [PRJ-65854]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: - APPLICANT: NIM MEISHAR - OWNER: B-Y LOMA VISTA,
LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SDR-66170

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends DENIAL, if approved subject to


conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

147

APPROVALS

PROTESTS

23

JB

SDR-66170 [PRJ-65854]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

SDR-66170 CONDITIONS
Planning
1.

Conformance to the Conditions of Approval for Plot Plan Review (Z-0102-73) shall
be required, if approved, except as amended herein.

2.

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

3.

All development shall be in conformance with the site plan and landscape plan
date stamped 08/09/16, except as amended by conditions herein.

4.

A Waiver from Title 19.08.040 is hereby approved, to allow no irrigation system.

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.

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

JB

SDR-66170 [PRJ-65854]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Site Development Plan Review for a Waiver of Title 19.08
landscape irrigation requirement for the proposed removal of the required underground
irrigation system at 4600 Meadows Lane.

ISSUES

This request is a result of Code Enforcement Case (#158579), which was processed
on 08/19/15 for landscape plants dying at rear of property along with parking islands
located at 4600 Meadows Lane. The case has not been resolved.

ANALYSIS
The subject site is currently developed as a shopping center within the C-1 (Limited
Commercial) zoning district. The applicant has indicated in the submitted justification
letter that the previous tenants of the shopping center were engaged in a form of
Homeowners Association, with former tenant (Mervyns) acting as the management
company. Each of the entities paid Mervyns its fair share of expenses. Currently,
ownership of the involved entities has changed and the association has been dissolved,
causing an interruption in utility service. At this time the subject property does not have
a water irrigation meter, nor does it have the old irrigation system to tap into, which
makes watering the small landscape finger islands difficult. The applicant has proposed
to install drought-resistant landscape materials, which will be hand watered for a period
of 12 months to ensure establishment of the root system.
The primary plant species utilized for landscaping is the five-gallon Desert Broom, fivegallon Princes Plume and five-gallon Red Yucca shrubs, none of which are native
pursuant to the Southern Nevada Regional Plan Coalition Regional Plant List. An
Exception of plant materials is required to use the proposed shrubs in lieu of the
required trees. Staff believes the proposed species will not survive without a functioning,
in-ground irrigation system. Native landscape requires years of supplemental irrigation
to establish within the urbanized area, especially with the prolonged drought that
southern Nevada has been experiencing, and staff feels that any plant material installed
without irrigation will be guaranteed to perish. Plot Plan Review (Z-0102-73) required
landscape with a functional, in-ground irrigation system, which the supporting property
owners failed to maintain. As the current conditions are self-imposed and could be
resolved through the willingness of the property owner to install a functioning irrigation
JB

SDR-66170 [PRJ-65854]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

system, staff has determined the proposed project is not compatible with surrounding
development in the area, as demonstrated by the associated Waiver. Therefore, staff
recommends denial of this request with conditions.

FINDINGS (SDR-66170)
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 proposal to waive Title 19.08 landscape irrigation requirements is not
compatible with the adjacent residential and commercial development in the
area. Staff has determined that the proposed species will not survive without a
functioning, in-ground irrigation system, which will have an overall negative
impact to 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 duly-adopted city plans, policies and standards;
The proposal to waive Title 19.08 landscape irrigation requirements is not
consistent with the Title 19. Staff has determined the associated waiver will have a
negative impact to the overall development.

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
Primary site access is from Meadows Lane, a 60-foot wide Local Street. The rightof-way provides adequate capacity to serve the proposed use.

4.

Building and landscape materials are appropriate for the area and for the
City;
The project design and style are not appropriate for the subject location and will
not be harmonious with buildings in the surrounding area. The primary plant
species utilized for landscaping are the five-gallon Desert Brooms, five-gallon
Princes Plumes and five-gallon Red Yucca shrubs, none of which are native
pursuant to the Southern Nevada Regional Plan Coalition Regional Plant List. The
proposed species will not survive without a functioning, in-ground irrigation
system; staff recommends denial of this request.
JB

SDR-66170 [PRJ-65854]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

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;
There are no structures proposed with this request, the design characteristics of
the proposed parking lot improvements are not compatible with development in
the area.

6.

Appropriate measures are taken to secure and protect the public health,
safety and general welfare.
The proposed development 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 Board of City Commissioners approved the Plot Plan Review (Z12/28/77
0102-73) for a Commercial Development on property located at the
northeast corner of Decatur Boulevard and Meadows Lane
The City Council approved a request for a Special Use Permit (SU16947) for a proposed Off-Premise Advertising Sign (Billboard) at
12/06/06
4600 Meadows Lane. The Planning Commission recommended denial
and Staff recommended approval of the request.
The City Council approved a request for a Required Review (RQR12/17/08
31290) of a Special Use Permit (SUP-16947) for a 14 foot x 48 foot
Off-Premise Sign (Billboard) at 4600 Meadows Lane.
The Planning Commission approved a request for a Special Use
Permit (SUP-39219) for a proposed 25,062 square-foot Thrift Shop,
09/23/10
non-profit within an existing building at 4600 Meadows Lane. Staff
recommended approval of the request.
The City Council approved a request for a Required Review (RQR44098) of a Special Use Permit (SUP-16947) for a 14 foot x 48 foot
Off-Premise Sign (Billboard) at 4600 Meadows Lane.
04/18/12
The City Council approved a request for a General Plan Amendment
(GPA-43991) to establish Redevelopment Area 2 and change the
future land use designation on various parcels within the
redevelopment area to commercial or mixed use.

JB

SDR-66170 [PRJ-65854]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

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


The City Council approved a request for a Review of Condition (ROC54821) of an approved Special Use Permit (SUP-16947) to delete
condition #1 which states "The billboard face shall consist of static
vinyl panels or a similar material as approved by the planning and
08/06/14
development department" and to delete condition #2 which states
"Animated and electronic message unit signage and digital signage is
prohibited" at 4600 Meadows Lane. Staff recommended denial of the
request.
The Planning Department administratively approved a request for a
Minor Site Development Plan Review (SDR-57102) for the conversion
12/23/14
of an existing 40-foot tall, 14-foot by 48-foot off-premise sign to a
digital display units (LED) on the east and west side located at 4600
Meadows Lane.
The Planning Commission voted (6-0) to hold SDR-66170 in abeyance
10/11/16
to the December 13, 2016 Planning Commission meeting.
Most Recent Change of Ownership
05/02/13
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
A Code Enforcement case (#29586) was processed for graffiti on a
05/04/05
building located at 4600 Meadows Lane. The case was resolved on
05/17/05.
A Code Enforcement case (#39874) was processed for dumpster at
Sav-on is full, has not been emptied since they moved, trash blowing
04/05/06
all around located at 4600 Meadows Lane. The case was resolved on
04/12/06
A Code Enforcement case (#73835) was processed for trash, graffiti
01/16/09
and landscaping violations on a building located at 4600 Meadows
Lane. The case was resolved on 02/10/09.
A Code Enforcement case (#97235) was processed for illegal banner
signs on rear of building, trash and debris in rear parking/landscaped
01/11/11
area located at 4600 Meadows Lane. The case was resolved on
02/08/11.
A Code Enforcement case (#110105) was processed for graffiti on the
02/01/12
back of a building located at 4600 Meadows Lane. The case was
resolved on 02/15/12.
A Code Enforcement case (#119475) was processed for graffiti on a
09/11/12
building located at 4600 Meadows Lane. The case was resolved on
10/10/12.
JB

SDR-66170 [PRJ-65854]
Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

Related Building Permits/Business Licenses


A Code Enforcement case (#134252) was processed for demolition
10/19/13
and construction on site without permits at 4600 Meadows Lane. The
case was resolved on 10/29/13.
A Code Enforcement case (#135957) was processed for graffiti on on
12/05/13
a trailer that is parked behind the Melrose store located at 4600
Meadows Lane. The case was resolved on 12/05/13.
A Code Enforcement case (#158579) was processed for landscape
08/19/15
plants dying at rear of property along with parking islands located at
4600 Meadows Lane. The case has not been resolved.
A Code Enforcement case (#165499) was processed for an unlicensed
04/13/16
mobile car wash, most days located at 4600 Meadows Lane. The case
was resolved on 05/19/16.

Pre-Application Meeting
A pre-application conference was held with the applicant to discuss
07/26/16
submittal requirements for a Site Development Plan Review with a
Waiver to eliminate the required irrigation system.

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

Field Check

09/01/16

During a routine site inspection staff observed a commercial


development with all planting materials removed from the landscape
finger-islands in the front parking lot area. In addition, the majority of
planting materials have also been removed from the northern
landscape buffer adjacent to Interstate-95 throughout the
development.

Details of Application Request


Site Area
Net Acres
2.34

JB

SDR-66170 [PRJ-65854]
Staff Report Page Six
December 13, 2016 - Planning Commission Meeting

Surrounding
Property
Subject
Property
North
South

Existing Land
Use Per Title
19.12

Planned or Special
Land Use
Designation

Shopping Center

MXU (Mixed Use)

Interstate 95
Single Family
Residential

ROW (Right of Way)


L (Low Density
Residential)
SC (Service
Commercial)

Landscape Buffer
East

Shopping Center

MXU (Mixed Use)

West

Shopping Center

MXU (Mixed Use)

Master Plan Areas


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

Existing Zoning
District
C-1 (Limited
Commercial)
ROW (Right of Way)
R-1 (Single Family
Residential)
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)
Compliance
N/A
Compliance
Y
Compliance
N/A
Y
N/A
N/A

DEVELOPMENT STANDARDS
Pursuant to Plot Plan Review (Z-0102-73), the following standards apply:
Landscaping and Open Space Standards
Required
Provided
Standards
Ratio
Trees
Buffer Trees:
North
1 Tree / 20 Linear Feet
2 Trees
2 Trees
TOTAL PERIMETER TREES
1 Tree / 6 Uncovered
Parking Area
Spaces, plus 1 tree at the
Trees
end of each row of
spaces

Compliance

2 Trees

2 Trees

7 Trees

0 Trees

JB

SDR-66170 [PRJ-65854]
Staff Report Page Seven
December 13, 2016 - Planning Commission Meeting

Landscaping and Open Space Standards


Required
Provided
Standards
Ratio
Trees
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
10 Feet
10 Feet
Not
Wall Height
6 to 8 Feet Adjacent to Residential
Indicated

Street Name

Compliance

Y
Y

Functional
Classification of
Street(s)

Governing
Document

Actual
Street
Width
(Feet)

Complian
ce with
Street
Section

Local Street

Master Plan of Streets


& Highways

75

Meadows Lane

Waivers
Requirement
Title 19.08 landscape
irrigation requirements

Exceptions
Requirement
Landscape Finger islands
are required to have one 24box tree and four shrubs

Request
To remove the
required irrigation
system.

Staff Recommendation

Request
To utilize a
combination of 5gallon shrubs only

Staff Recommendation

Denial

Denial

JB

SDR-66170

CLV Planning - Application Form


Application Number:

PRJ-65854

Application/Petition For:

4600 Meadows Mall - underground irrigation removal - Major SDR Amendment

ProjectAddress (Location):

4600 MEADOWS MALL

Project Name

4600 MEADOWS MALL - UNDERGROUND IRRIGATION REMOVAL

Assessors Parcel #(s):

13931110002

Ward #:

WARD 1 (LOIS TARKANIAN)

Is the Application Information


Correct:

Yes

If no, ...change what


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

Select

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

Nim

Applicant Last Name:

Meishar

Applicant Address:

4629 Macro

Applicant City:

San Antonio

Applicant State:

TX

Applicant Zip:

78218

Applicant Phone:

(210) 424-8078

Applicant Fax:

(210) 424-8078

Applicant Email:

nim@cbgcre.com

Rep First Name:

Joe

Rep Last Name:

Smatana

Rep Address:

3975 West Dewey Drive

Rep City:

Las Vegas

Rep State:

NV

Rep Zip:

89118

Rep Phone:

(702) 429-5488

Rep Fax:
Rep Email:

js@nlsgrounds.com

SDR-66170
9/1/2016 3:55:43 PM

Page 1 of 2

CLV Planning - Application Form


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

Yes

Is the Owner Information Correct:

No

If no, ...change what

B-Y LOMA VISTA, LLC


4629 MACRO
SAN ANTONIO, TX 78218

Owner(s)

ADDR1

ADDR2

B-Y LOMA VISTA L L C

P O BOX 790830

SAN ANTONIO, TX 78279

CLVEPLAN Applicant

Company

Title

Email

Nim Meishar

B-Y Loma Vista, LLC

Director of Operations

nim@cbgcre.com

SDR-66170
9/1/2016 3:55:43 PM

Page 2 of 2

SDR-66170

SDR-66170

SDR-66170

SDR-66170

SDR-66170

SDR-66170

SDR-66170

SDR-66170

SDR-66170

SDR-66170

SDR-66170

SDR-66170

SDR-66170

SDR-66170 [PRJ-65854] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: NIM MEISHAR - OWNER:
B-Y LOMA VISTA, LLC
4600 MEADOWS LANE
09/01/16

SDR-66170 [PRJ-65854] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: NIM MEISHAR - OWNER:
B-Y LOMA VISTA, LLC
4600 MEADOWS LANE
09/01/16

SDR-66170 [PRJ-65854] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: NIM MEISHAR - OWNER:
B-Y LOMA VISTA, LLC
4600 MEADOWS LANE
09/01/16

SDR-66170 [PRJ-65854] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: NIM MEISHAR - OWNER:
B-Y LOMA VISTA, LLC
4600 MEADOWS LANE
09/01/16

SDR-66170 [PRJ-65854] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: NIM MEISHAR - OWNER:
B-Y LOMA VISTA, LLC
4600 MEADOWS LANE
09/01/16

SDR-66170 [PRJ-65854] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: NIM MEISHAR - OWNER:
B-Y LOMA VISTA, LLC
4600 MEADOWS LANE
09/01/16

777b
77
7A77

A77
b77777
7777777777A767AbA7
7777
777777777777777777
777777777777777
7777A7777777777
77777777777777777
7A777
77777777777777777
7777>777A7777777777
777777777777777777777
77A7777777777
777b7777777777777
777777777777777
777777777777
777777777777777777
7777777777777777
7777777777777777777
77
777b7777b7777777777
77777

7
77

SDR-66170

Agenda Item No.: 29.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - VAR-66443 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER:
DEER SPRINGS VILLAGE, LLC - For possible action on a request for a Variance TO ALLOW
A 15-FOOT REAR YARD SETBACK WHERE 20 FEET IS REQUIRED on 9.27 acres at the
southeast corner of Deer Springs Way and Hualapai Way (APNs 125-19-301-001 and 002), C-1
(Limited Commercial) Zone, Ward 6 (Ross) [PRJ-66309]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

11

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Abeyance Request Letter - VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR66447 [PRJ-66309]
2. Location and Aerial Maps - VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR66447 [PRJ-66309]
3. Conditions and Staff Report - VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR66447 [PRJ-66309]
4. Supporting Documentation - VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR66447 [PRJ-66309]
5. Photo(s) - VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447 [PRJ-66309]
6. Justification Letter - VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447
[PRJ-66309]
7. Protest/Support Postcards for VAR-66443 and SUP-66444 [PRJ-66309] and Protest Email for
VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447 [PRJ-66309]

RECEIVED
NOV 30 2016
City of Las Vegas
Dept. of Planning

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447

Items #29-33

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447 [PRJ-66309]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: DEER SPRINGS VILLAGE, LLC

** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-66443
SUP-66444
SUP-66445

RECOMMENDATION

REQUIRED FOR
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:

VAR-66443

SUP-66446

Staff recommends DENIAL, if approved subject to


conditions:

SDR-66447

Staff recommends DENIAL, if approved subject to


conditions:

VAR-66443
SUP-66444
VAR-66443
SUP-66444
SUP-66445
VAR-66443
SUP-66444
SUP-66445
SUP-66446

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

33

NOTICES MAILED

139 - VAR-66443 and SUP-66444


139 - SUP-66445 and SUP-66446
139 - SDR-66447

APPROVALS

2 - VAR-66443 and SUP-66444


1 - SUP-66445 and SUP-66446
3 - SDR-66447

PROTESTS

11 - VAR-66443 and SUP-66444


17 - SUP-66445
16 - SUP-66446
11 - SDR-66447
SS

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447 [PRJ-66309]


Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-66443 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Special Use


Permits (SUP-66444, SUP-66445 and SUP-66446) and Site Development Plan
Review (SDR-66447) shall be required.

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.

SUP-66444 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Car
Wash, Full Service use.

2.

Approval of and conformance to the Conditions of Approval for Variance (VAR66443), Special Use Permits (SUP-66445 and SUP-66446) and Site Development
Plan Review (SDR-66447) shall be required.

SS

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Conditions Page Two
December 13, 2016 - Planning Commission Meeting

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.

SUP-66445 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Liquor
Establishment (Tavern) use.

2.

Approval of and conformance to the Conditions of Approval for Variance (VAR66443), Special Use Permits (SUP-66444 and SUP-66446) and Site Development
Plan Review (SDR-66447) 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.

Minors shall only be permitted in such areas wherein spirituous, malt or fermented
liquors or wines are served only in conjunction with regular meals and where dining
tables or booths are provided separate from the bar in conformance with Title 6.50.
SS

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Conditions Page Three
December 13, 2016 - Planning Commission Meeting

7.

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

8.

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

9.

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

SUP-66446 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a


Beer/Wine/Cooler Off-Sale Establishment use.

2.

Approval of and conformance to the Conditions of Approval for Variance (VAR66443), Special Use Permits (SUP-66444 and SUP-66445) and Site Development
Plan Review (SDR-66447) 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.
SS

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Conditions Page Four
December 13, 2016 - Planning Commission Meeting

SDR-66447 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Variance (VAR66443) and Special Use Permits (SUP-66444, SUP-66445 and SUP-66446) 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 and landscape plan,
date stamped 11/08/16 and building elevations, date stamped 08/25/16, except as
amended by conditions herein.

4.

A Waiver from Title 19.08.040(B)(6) is hereby approved, to allow the proposed


convenience store to be set back from the corner where buildings on corner lots
shall be oriented to the corner and street fronts.

5.

A Waiver from Title 19.08.070 is hereby approved, to allow a five-foot perimeter


landscape buffer along a portion of the south property line where eight feet is
required.

6.

A Waiver from 19.08.040(B)(4) is hereby approved, to allow a single car wash bay
to face a public right-of-way (Deer Springs Way) where such is not allowed.

7.

An Exception from Title 19.08.110(C)(12) is hereby approved, to allow 107 parking


lot trees where 119 shade trees are required in islands and the ends of parking
rows.

8.

Parking areas shall be screened from adjacent roadways by a low wall or berm
with a maximum height of 30 inches, a solid living hedge of approximately 36
inches or some other screening method as approved by the Department of
Planning. The site plan and landscape plan shall be revised to indicate how the
parking area will be screened.

9.

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

SS

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Conditions Page Five
December 13, 2016 - Planning Commission Meeting
10. These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit.
11. 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.
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. The
technical landscape plan shall include the following changes from the conceptual
landscape plan:
A. Provide 24-inch box shade trees within the proposed amenity zone along Deer
Springs Way a maximum of 40 feet on center in conformance with Complete
Streets Standards.
B. Provide 24-inch box shade trees within the proposed amenity zone along
Hualapai Way a maximum of 45 feet on center in conformance with Complete
Streets Standards.
C. Provide four (4) additional 24-inch box trees in the proposed perimeter
landscape buffer along the north property line, for a total of 19 trees. Provide
four (4) five-gallon shrubs per required tree.
D. Provide four (4) additional 24-inch box trees in the proposed perimeter
landscape buffer along the south property line, for a total of 19 trees. Provide
four (4) five-gallon shrubs per required tree.
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.
14. All City Code requirements and design standards of all City Departments must be
satisfied, except as modified herein.
Public Works
15. Dedicate 40 feet of right-of-way adjacent to this site for those portions of Deer
Springs Way not previously dedicated and appropriate right-of-way for the north
half of Inyo Avenue and the northern half of the Inyo Avenue cul-de-sac prior to
issuance of building permits for this site. Additionally, dedicate a 35-foot radius
with a Traffic Signal Chord Easement at the southeast 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 including an exclusive right turn
lane on Hualapai Way prior to the issuance of building permits for this site.
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Conditions Page Six
December 13, 2016 - Planning Commission Meeting

16. Grant pedestrian access easements for all public sidewalks located outside of the
public right-of-way prior to issuance of building permits for this site.
17. Construct all half-street improvements on Hualapai Way and Deer Springs Way
per current City Standards and matching improvements to the east on Deer
Springs including traffic signal underground infrastructure at the southeast corner
of Hualapai Way and Deer Springs Way adjacent to 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.
The design of improvements including median islands on Hualapai Way and Deer
Springs Way must meet the approval of the City Traffic Engineer.
18. Per Condition #9 of TMP-64814, construct improvements on Inyo Avenue
concurrent with the development of this site. Inyo Avenue improvements shall
include complete half street improvements for the north half of Inyo Avenue,
including a fully paved terminating cul-de-sac and temporary paving on the south
half to accommodate two-way vehicular traffic concurrent with on-site development
activities. Permits for the site may be issued without the Bureau of Land
Management (BLM) grant for the south half of Inyo Avenue; however, no work on
Assessor Parcel Number #125-19-301-012 is permitted without an issued BLM
grant. The southwest quarter of the Inyo Avenue cul-de-sac was granted as rightof-way easement to Clark County by Document #20141208:01625.
19. Concurrent with development of this site, extend a public sewer line in Inyo Avenue
from where it currently terminates to the terminating cul-de-sac bulb at a size and
location acceptable to the Department of Public Works.
20. 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 (702-229-4836).

SS

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Conditions Page Seven
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21. A Traffic Impact Analysis must be submitted to and approved by the Department of
Public Works prior to the issuance of any building or grading permits, submittal of
any construction drawings or the recordation of a Map subdividing this site,
whichever may occur first. Comply with the recommendations of the approved
Traffic Impact Analysis prior to occupancy of the site. The Traffic Impact Analysis
shall also include a section addressing Standard Drawings #234.1 #234.2 and
#234.3 to determine additional right-of-way requirements for bus turnouts adjacent
to this site, if any; dedicate all areas recommended by the approved Traffic Impact
Analysis. All additional rights of way required by Standard Drawing #201.1 for
exclusive right turn lanes and dual left turn lanes shall be dedicated prior to or
concurrent with the commencement of on site development activities unless
specifically noted as not required in the approved Traffic Impact Analysis. Phased
compliance will be allowed if recommended by the approved Traffic Impact
Analysis. No recommendation of the approved Traffic Impact Analysis, nor
compliance therewith, shall be deemed to modify or eliminate any condition of
approval imposed by the Planning Commission or the City Council on the
development of this site.
22. A Drainage Plan and Technical Drainage Study must be submitted to and
approved by the Department of Public Works prior to the issuance of any building
or grading permits or submittal of any construction drawings, whichever may occur
first. Provide and improve all drainageways recommended in the approved
drainage plan/study. The developer of this site shall be responsible to construct
such neighborhood or local drainage facility improvements as are recommended
by the City of Las Vegas Neighborhood Drainage Studies and approved Drainage
Plan/Study concurrent with development of this site.
23. Comply with all applicable conditions of approval of Tentative Map TMP-64814 and
any other site related actions.

SS

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447 [PRJ-66309]


Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting to develop a shopping center on 9.63 acres of undeveloped
land at the southeast corner of Deer Springs Way and Hualapai Way. The center would
be anchored by a grocery store and have three in-line multitenant buildings. A corner
convenience store with fuel pumps and two additional pad sites are also proposed. The
applications were held in abeyance at the request of the applicant in order to revise the
site plan and landscape plan. As a result, the waiver request to allow five-foot perimeter
landscape buffers along the north and west property lines is no longer needed.
However, an additional parcel was also added to the project during this time, requiring a
Rezoning and new tentative map, thereby requiring renotification of the public hearing.

ISSUES

The applicant has requested to abey these items to the 01/10/17 Planning
Commission meeting in order to submit applications for a Rezoning, Vacation and
Tentative Map related to this site.
The applicant has added a newly annexed parcel (APN 125-19-301-010) to the
request. This parcel needs to be rezoned to match the associated parcels. The
addition of this parcel also triggers the need for a Vacation of right-of-way and a new
tentative map.
The previously requested Waiver to allow a five-foot perimeter landscape buffer
along a portion of the west property line and a five-foot perimeter landscape buffer
along a portion of the north property line where 15 feet is required is no longer
needed, as the applicant has submitted revised site and landscape plans that
indicate 15-foot buffer widths. The redesign reduced parking by seven spaces, but
the overall site will remain in conformance with Title 19 parking requirements.
A trash enclosure that had been located in direct view of the Deer Springs way rightof-way was relocated behind the proposed car wash vacuum bays and screened by
landscaping to conform to Title 19 commercial development standards.
Approval of a Variance is necessary to allow a 15-foot rear yard setback for the
Shops A building where 20 feet is required. Staff recommends denial of the
Variance request.
No landscape buffer is proposed along the east perimeter due to anticipation of a
future commercial site on the adjacent lot, which is part of the same proposed
commercial subdivision. Staff recommends denial of the associated Waiver.
A Waiver is required to allow a five-foot perimeter landscape buffer along a portion
of the south property line where eight feet is required. Staff recommends denial of
the waiver.
SS

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Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

A Waiver is required to allow buildings to not be oriented to the corner and street
frontages where such is required. Staff recommends denial of the waiver.
A Waiver is required to allow car wash bays to face a public right-of-way (Deer
Springs Way) where such is not allowed. Staff recommends denial of the waiver.
An Exception is required to allow 100 parking lot trees where 102 trees and
accompanying shrubs are required. Staff recommends denial of the Exception.
Additional trees are required within the perimeter landscape buffers. An Exception
was not requested. A condition of approval addresses this deficiency, which is due
to spacing trees too far apart.
A Car Wash, Full Service use is permitted in the C-1 (Limited Commercial) zoning
district with approval of a Special Use Permit.
A Liquor Establishment (Tavern) use is permitted in the C-1 (Limited Commercial)
zoning district with approval of a Special Use Permit. A Waiver to allow a 339-foot
distance separation from a school where 1,500 feet is required has been requested.
Staff recommends that the waiver be denied.
A Beer/Wine/Cooler Off-Sale use is permitted in the C-1 (Limited Commercial)
zoning district with approval of a Special Use Permit.
A Grocery Store with Alcohol is a conditional use in the C-1 (Limited Commercial)
zoning district. All conditions can be met by the proposed use.
A Drive-Through is a conditional use in the C-1 (Limited Commercial) zoning district.
All conditions can be met by the proposed use.
Two parking rows face the perimeter streets. Per Title 19.08.110, these rows must
be screened from adjacent roadways in a manner acceptable to the Department of
Planning. A condition of approval addresses this.

ANALYSIS
Development within this site is subject to the requirements of LVMC Title 19, specifically
19.08 Commercial Development Standards and C-1 (Limited Commercial) zoning
district standards and 19.12 regarding permitted uses. Several changes were made to
the site and landscape plans on 11/08/16 to bring certain aspects of these plans into
conformance with Title 19. The applicant has acquired the triangular shaped parcel
between the original site and the drainage channel along Clark County 215. The
additional space is proposed to be used for parking and a truck turnaround. The
portions of the north and west perimeter buffers that were less than 15 feet were
widened to 15 feet. In order to free up additional area for these buffers, seven parking
spaces were eliminated, one drive aisle was narrowed and the sidewalk adjacent to
Shops C was narrowed. The plans were also corrected to remove areas of the parking
lot that were within the north side of the Inyo Avenue cul-de-sac, which is required to be
improved by condition of the related Tentative Map (TMP-64814). As a result of these
changes, there will not be any excess parking spaces available for this development in
the future. The pad site proposed along Deer Springs Way was removed and replaced
SS

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Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

with additional parking. In addition, the proposed grocery store was reduced in size to
57,584 square feet. The additional changes will need to be renotified to the public.
The site is located at the intersection of two major streets (Hualapai Way and Deer
Springs Way), both of which will be improved adjacent to the development. Freeway
access to Clark County 215 is available at the Hualapai Way interchange. Parcels are
undeveloped in every direction from the site. The Providence Master Planned
Community is located to the west, an undeveloped property zoned for commercial uses
is located to the east, the Clark County 215 Beltway right-of-way is located to the south,
and undeveloped low density residential parcels in both the City and County
jurisdictions are located to the north of Deer Springs Way.
A General Plan Amendment (GPA-64811) to change the land use designation to SC
(Service Commercial) and a Rezoning (ZON-64812) to C-1 (Limited Commercial) on
Assessors Parcel Number 125-19-301-001 were approved by the City Council on
09/07/16, as well as a two-lot Tentative Map (TMP-64814) for a commercial subdivision
that spans this site and the lot to the east of this site. This commercial development is
proposed on the westernmost commercial lot only. A final map must still be recorded to
consolidate the existing parcels that make up this property. Improvements on Inyo
Avenue were deferred until the time of development through the approved Tentative
Map (TMP-64814).

Use Definitions and Conditions per LVMC Title 19


Grocery Store With Alcohol
A Grocery Store is defined by Title 19.18 as A business establishment which occupies
all of the business premises of a building or a portion of the business premises of a
building which is segregated physically or spatially from the rest of the business
premises, and which contains more than five thousand square feet of floor space,
exclusive of warehouse and office space, for the display and sale of foodstuffs, whether
fresh, frozen, canned or packaged, and may include the sales of other products,
including non-food items, alcoholic beverages (if licensed by the City for the sale of
alcoholic beverages) and pharmaceuticals, provided the sale of such pharmaceuticals is
incidental to the primary business of selling products other than pharmaceuticals. The
proposed grocery store would be located on the east side of the lot, would contain
57,884 square feet and sell alcoholic beverages in the form of beer, wine and packaged
liquor.
When alcohol is sold, Title 19.12.070 describes this use as a Grocery Store:
1. Whose license to sell alcoholic beverages authorizes their sale to consumers only
and not for resale, in original sealed or corked containers, for consumption off the
premises where the same are sold; and
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December 13, 2016 - Planning Commission Meeting

2. In which the sale of alcoholic beverages is ancillary to the grocery store use, and in
which no more than 10 percent of the retail floor space is regularly devoted to the
display or merchandising of alcoholic beverages. This use includes an establishment
that provides on-premises wine, cordial and liqueur tasting if the licensee also holds a
wine, cordial and liqueur tasting license for that location.
This use is conditional in the C-1 (Limited Commercial) zoning district. As this proposed
Grocery Store with Alcohol will contain greater than 50,000 square feet of retail floor
space, the minimum 400-foot distance separation requirements do not apply, although it
currently meets such requirements (i.e., from a church/house of worship, school,
individual care center or city park). All other conditional use regulations will be met by
the proposed Grocery Store.
Drive-Through
Title 19.18 defines this use as the use of a dedicated drive lane that, incidental to a
principal use, provides access to a station, such as a window, door or mechanical
device, from which occupants of a motor vehicle receive or obtain a product or service.
This use is conditional in the C-1 (Limited Commercial) zoning district. Drive-throughs
are proposed both around a proposed automated car wash and fast food restaurant.
Both stacking lanes will accommodate at least six vehicles, as shown on the site plan.
Car Wash, Full Service
The Car Wash, Full Service use is defined as An establishment that provides for the
washing, cleaning, waxing or detailing of passenger vehicles, either by means of
employees or by means of automated or semi-automated methods of cleaning, or by a
combination thereof. The proposed use meets the definition, as an automated
mechanism will be housed to the east of the 5,075 square-foot convenience store
(General Retail Store) establishment for the purpose of cleaning and waxing of vehicles.
Two parking spaces are reserved for vacuuming of vehicles.
The Minimum Special Use Permit Requirement for this use is the following:
1. Each wash bay shall have a stacking lane that will accommodate at least six
cars.
The proposed use meets this requirement, as a single wash bay will be provided
with a stacking lane that wraps around the proposed convenience store building
and which supports six vehicles in queuing position.
The use can be accessed from any of the driveways on the site; however, vehicles
enter the 12-foot wide wash bay drive-through lane from the west. The drive-through is
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Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

adequately screened from the adjacent parking area by landscaping consisting of


shrubs and Mexican fan palms. The wash bay faces Deer Springs Way, which requires
a waiver through the accompanying Site Development Plan Review.
Liquor Establishment (Tavern)
The Liquor Establishment (Tavern) use is defined as a facility which sells alcoholic
beverages for consumption on the premises where the same are sold and authorizes
the sale, to consumers only and not for resale, of alcoholic beverages in original sealed
or corked containers, for consumption off the premises where the same are sold. The
proposed use meets the definition, as the establishment intends to sell alcoholic
beverages for consumption on the premises.
The Minimum Special Use Permit Requirements for this use include:
1. Pursuant to its general authority to regulate the sale of alcoholic beverages, the
City Council declares that the public health, safety and general welfare of the City
are best promoted and protected by generally requiring both a minimum
separation between liquor establishments (tavern), and a minimum separation
between a liquor establishment (tavern) and certain other uses that should be
protected from the impacts associated with a liquor establishment (tavern).
Therefore, except as otherwise provided below, no liquor establishment (tavern)
may be located within 1500 feet of any other liquor establishment (tavern),
church/house of worship, school, individual care center licensed for more than 12
children, or City park. (NONWAIVABLE EXCEPT AS PROVIDED BELOW)
The proposed use does not meet this requirement, as there is a high school
located 339 feet southwest of the property. This requirement is waivable under
Special Use Permit Requirement 5e, as the protected use (school) is separated
from the proposed Liquor Establishment (Tavern) by a freeway (Clark County
215).
2. The distance separation referred to in Requirement 1 shall be measured with
reference to the shortest distance between two property lines, one being the
property line of the proposed liquor establishment (tavern) which is closest to the
existing use to which the measurement pertains, and the other being the property
line of that existing use which is closest to the proposed liquor establishment
(tavern). The distance shall be measured in a straight line without regard to
intervening obstacles. (NONWAIVABLE)
Measurement is taken from the boundaries of APN 125-19-301-001, the current
parcel on which the use would be located. Future consolidation of the parcels on
the subject site would not change the separation distance from property line to
property line.
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December 13, 2016 - Planning Commission Meeting

3. For the purpose of Requirement 2, and for that purpose only:


a. The property line of a protected use refers to the property line of a fee
interest parcel that has been created by an approved and recorded parcel
map or subdivision map, and does not include the property line of a
leasehold parcel; and
b. The property line of a liquor establishment (tavern) refers to:
i. The property line of a parcel that has been created by an approved
and recorded parcel map or commercial subdivision map; or
ii. The property line of a parcel that is located within an approved and
recorded commercial subdivision and that has been created by a
record of survey or legal description, if:
A. Using the property line of that parcel for the purpose of
measuring the distance separation referred to in Requirement
1 would qualify the parcel under the distance separation
requirement;
B. The proposed liquor establishment (tavern) will have direct
access (both ingress and egress) from a street having a
minimum right-of-way width of 100 feet. The required access
may be shared with a larger development but must be located
within the property lines of the parcel on which the proposed
liquor establishment (tavern) will be located;
C. All parking spaces required by this Subchapter 19.12.070 for
the liquor establishment (tavern) use will be located on the
same parcel as the use; and
D. The owners of all parcels within the commercial subdivision,
including the owner of agreement, satisfactory to the City
Attorney, that provides for perpetual, reciprocal cross-access,
ingress and egress throughout the commercial subdivision.
(NONWAIVABLE)
A commercial subdivision map is expected to be recorded that creates a 9.62acre lot by which measurement to protected uses is taken. Future record of
survey lines may be recorded that may or may not capture all measurement
requirements in Subparagraphs A-D.
4. The distance separation requirement set forth in Requirement 1 does not apply to
an establishment which has a non-restricted gaming license in connection with a
hotel having 200 or more guest rooms on or before July 1, 1992, or in connection
with a resort hotel having in excess of 200 guest rooms after July 1, 1992.
This requirement does not apply, as neither circumstance applies to the subject
establishment.

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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.
This requirement applies, as a waiver of distance separation is necessary. The
protected use (high school) is separated from the proposed Liquor Establishment
(Tavern) by a freeway (Clark County 215).
6. The use shall conform to, and is subject to, the provisions of LVMC Chapters
6.40 and 6.50. (NONWAIVABLE)
The proposed use is required to comply with this requirement as a condition of
approval.
The proposed Tavern would be located in a 4,000 square-foot tenant space at the west
end of the Shops A building. The Tavern would contain two kitchens, a lounge with 22
seats and 15 gaming machines and a dining area with 28 seats. By virtue of the
location of the overall parcels, this use will be located within 1,500 feet of a public high
school to the southwest. The school property is situated on the south side of the Clark
County 215 freeway, 339 feet from the closest point of the subject property. Per Title
19.12.070, the separation requirement is waivable. However, staff does not support the
requested waiver, as it does not support the related Site Development Plan Review.
Beer/Wine/Cooler Off-Sale Establishment
The Beer/Wine/Cooler Off-Sale use is defined by Title 19.18 as an establishment
whose license to sell alcoholic beverages is limited to the sale of beer, wine and coolers
to consumers only and not for resale, in original sealed or corked containers, for
consumption off the premises where the same are sold, and is operated in connection
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with a grocery store, drug store, convenience store or specialty merchandise store.
The proposed use meets the definition, as only beer, wine and wine coolers are
proposed to be sold in connection with a convenience store in their original sealed
containers for off-premises consumption. The floor plan indicates that beer, wine and
wine coolers would be located within a bank of coolers along the south side of the store.
The Minimum Special Use Permit Requirements for this use include:
1. Except as otherwise provided, no beer/wine/cooler off-sale establishment
(hereinafter establishment) shall be located within 400 feet of any church/house
of worship, school,
individual care center licensed for more than 12 children, or City park.
(NONWAIVABLE EXCEPT AS PROVIDED BELOW)
The proposed use does not meet this requirement, as a public high school is
located 339 feet southwest of the property where 400 feet is required. This
requirement is waivable under Special Use Permit Requirement 7d, as the
protected use (school) is separated from the proposed Beer/Wine/Cooler OffSale Establishment by a minimum 330-foot right-of-way (Clark County 215).
2. Except as otherwise provided in Requirement 3 below, the distances referred to
in Requirement 1 shall be determined with reference to the shortest distance
between two property lines, one being the property line of the proposed
establishment which is closest to the existing use to which the measurement
pertains, and the other being the property line of that existing use which is
closest to the proposed establishment. The distance shall be measured in a
straight line without regard to intervening obstacles.
For purposes of
measurement, the term property line refers to property lines of fee interest
parcels and does not include the property line of:
a. Any leasehold parcel; or
b. Any parcel which lacks access to a public street or has no area for onsite
parking and which has been created so as to avoid the distance limitation
described in Requirement 1. (NONWAIVABLE)
Measurement is taken from the boundaries of APN 125-19-301-001, the current
parcel on which the use would be located. Future consolidation of the parcels on
the subject site would not change the separation distance from property line to
property line.
3. In the case of an establishment proposed to be located on a parcel of at least 80
acres in size, the minimum distances referred to in Requirement 1 shall be
measured in a straight line:

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a. From the nearest property line of the existing use to the nearest portion of
the structure in which the establishment will be located, without regard to
intervening obstacles; or
b. In the case of a proposed establishment which will be located within a
shopping center or other multiple tenant structure, from the nearest
property line of the existing use to the nearest property line of a leasehold
or occupancy parcel in which the establishment will be located, without
regard to intervening obstacles. (NONWAIVABLE)
This requirement does not apply, as the parcel is less than 80 acres in size.
4. When considering a Special Use Permit application for an establishment which
also requires a waiver of the distance limitation in Requirement 1, the Planning
Commission shall take into consideration the distance policy and shall, as part of
its recommendation to the City Council, state whether the distance requirement
should be waived and the reasons in support of the decision.
This requirement applies, as a waiver of distance separation is necessary.
5. The minimum distance requirements in Requirement 1 do not apply to:
a. An establishment which has a nonrestricted gaming license in connection
with a hotel having 200 or more guest rooms n or before July 1, 1992 or in
connection with a resort hotel having in excess of 200 guest rooms after
July 1, 1992; or
b. A proposed establishment having more than 50,000 square feet of retail
floor space.
Neither condition above applies to this request; therefore, the minimum distance
requirements apply.
6. All businesses which sell alcoholic beverages shall conform to the provisions of
LVMC Chapter 6.50. (NONWAIVABLE)
The proposed use is required to comply with this requirement as a condition of
approval.
7.

The minimum distance requirements set forth in Requirement 1, which are


otherwise nonwaivable under the provisions of LVMC 19.12.050(C), may be
waived:
a. In accordance with the provisions of LVMC 19.12.050(C) for any
establishment which is proposed to be located on a parcel within the
Downtown Casino Overlay District;
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b. In accordance with the applicable provisions of the Town Center


Development Standards Manual for any establishment which is proposed
to be located within the T-C (Town Center) Zoning District and which is
designated MS-TC (Main Street Mixed Use) in the Town Center Land Use
Plan;
c. In connection with a proposed establishment having between 20,000
square feet and 50,000 square feet of retail floor space, if no more than 10
percent of the retail floor space is regularly devoted to the display or
merchandising of alcoholic beverages; or
d. In connection with a retail establishment having less than 20,000 square
feet of retail floor space, if the area to be used for the sale, display or
merchandising of alcoholic beverages and each use to be protected are
separated by a highway or a right-of-way with a width of at least 100 feet.
This requirement applies, as a waiver of distance separation is necessary. The
protected use (high school) is separated from the proposed Liquor Establishment
(Tavern) by a roadway of at least 100 feet (Clark County 215).
8. No beer/wine/cooler off-sale establishment shall be permitted on or adjacent to
the Pedestrian Mall, as defined in LVMC Chapter 11.68.
This requirement does not apply, as the proposed use would not be located on or
adjacent to the Pedestrian Mall.
Variance and Waivers
The Shops A building is located adjacent to the drainage channel located within the
Clark County 215 right-of-way. The C-1 (Limited Commercial) zoning district requires a
20-foot rear yard setback; however, 15 feet is being provided, as according to the
applicant, moving the building an additional five feet to the north would eliminate a row
of parking that is necessary to meet parking requirements. A nine-foot sidewalk abuts
the building on all sides. Staff does not support the variance, as there are no physical
constraints to the property and this building or other planned buildings could be reduced
or otherwise reconfigured on the site to both retain the building and meet parking
requirements.
Title 19.08.040(B)(6) requires buildings on corner lots to be oriented to the setback lines
to form a street edge. The proposed convenience store is designed to be located away
from the corner, with an open fuel canopy occupying the corner. The applicant requests
that a waiver allowing this design be approved for purposes of maintaining visibility and
functionality for the shopping center tenants and customers. As this is the first
development in what is expected to be a large commercial center on vacant land, it sets
a precedent for a similar pattern of future development along Deer Springs Way and
Hualapai Way. As there are no extraordinary circumstances with the land that would
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preclude the building from being situated at the corner, staff recommends that the
waiver be denied.
The proposed car wash bay faces Deer Springs Way where bay openings are required
to be oriented away from public rights-of-way per Title 19.08.040(B)(4). The applicant
has requested to waive this standard, as the bay opening would face one of the two
perimeter streets regardless of the design, and would not face any residential uses.
However, if the convenience store and wash bay were rotated 90 degrees, the
orientation would be less likely to negatively impact future residential development
across from this site, given that Hualapai Way will be improved to at least 100 feet in
width. The layout as currently submitted is not sufficiently screened from street views,
as a five-foot landscape buffer is proposed along Deer Springs Way across from the
wash bay. Staff recommends denial of this waiver.
Perimeter landscape buffer widths are substandard along all sides of the development.
The east perimeter is devoid of landscaping in anticipation of a future commercial
development and shared vehicular access between this site and the parcel to the east,
which will be part of the same commercial subdivision. An eight-foot buffer that narrows
down to five feet is proposed to be provided along the south property line adjacent to
the Clark County 215 right-of-way and intervening drainage channel. The applicant
claims that the narrower landscape buffer widths along portions of Deer Springs Way
and Hualapai Way where 15 feet is required are justified, as a detached sidewalk and
additional landscaping will be provided in the amenity zones, and additional right-of-way
is requested for a right turn lane. Staff agrees that the landscaping abutting Clark
County 215 is not visible from the freeway and would serve little purpose, and would
support a waiver of the eight-foot buffer requirement; however, the lack of landscaping
along the east property line is the result of a self-created hardship executed through the
previous request for a two-lot subdivision in which the shopping center will have
perpetual cross access between lots, and there is no basis on which staff can
recommend approval of a waiver. Along public rights-of-way, Title 19 requires 15 feet of
landscaping in addition to streetscape required for shading of sidewalks and protection
of pedestrians and bicyclists.
Other Issues
Hualapai Way is classified as a Primary Arterial street. Complete Streets Standards
require a five-foot sidewalk and a three-foot amenity zone with trees 45 feet on center.
The landscape plan indicates that a five-foot detached sidewalk and 5.5-foot amenity
zone will be provided, with only five-gallon shrubs to be planted. A condition of approval
will require that 24-inch box shade trees be provided within the amenity zone at least 45
feet on center in conformance with Complete Streets Standards.
Deer Springs Way is classified as a Major Collector street. Complete Streets Standards
require a five-foot sidewalk and a three-foot amenity zone with trees 40 feet on center.
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The landscape plan indicates that a five-foot detached sidewalk and 3.5-foot amenity
zone will be provided, with only five-gallon shrubs planted. A condition of approval will
require that 24-inch box shade trees be provided within the amenity zone at least 40
feet on center in conformance with Complete Streets Standards.
Additional trees are required within the perimeter landscape buffers. The deficiency is
the result of spacing trees too far apart. Trees must be spaced no further apart than 20
feet along Deer Springs Way and Hualapai Way and 30 feet in the buffer along the
south property line. An Exception from these standards was not requested; therefore, a
condition of approval addresses this deficiency.
Portions of the parking areas directly face Deer Springs Way and Hualapai Way. These
rows of parking must be adequately screened from rights-of-way by a low wall or berm,
low hedge or other screening acceptable to the Department of Planning. The site plan
and/or landscape plan must be revised to indicate how parking will be screened.
Freestanding pylon signs are indicated at the access driveways from the perimeter
streets. A monument sign is also proposed at the corner of Deer Springs Way and
Hualapai Way. Signs will be reviewed for conformance to Title 19 standards under
separate permit.
The development overall is suitable for this site, as it is located at the corner of two
planned major thoroughfares and backs up to a freeway. However, the building
configuration and design elements are conducive only to automobile and truck traffic
and little consideration is given to other modes of transportation. In addition, this project
is projected to strain Hualapai Way beyond traffic handling capacity. As the first
commercial development proposed in this area, the proposal is not the model for the
future pattern of development along these corridors; staff therefore recommends denial
of all applications, with conditions if approved.

FINDINGS (VAR-66443)
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.

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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 situating the proposed Shops A
building in such a way that the other buildings and required parking spaces cannot
otherwise be provided to code standards. Reduction of building size or reconfiguration
of the other buildings and parking area 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 (SUP-66444)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the
Planning Commission and City Council must affirm the following:
1.

The proposed land use can be conducted in a manner that is harmonious


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.
The proposed use can be conducted in a harmonious and compatible manner
with the existing and future development within the surrounding area. However, as
staff recommends denial of the companion Site Development Plan Review
application, staff also recommends that this Special Use Permit request be
denied. It is noted that as part of that review, staff also recommends denial of a
waiver request to allow the wash bay to face Deer Springs Way where such
openings shall not face public rights-of-way.

2.

The subject site is physically suitable for the type and intensity of land use
proposed.

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The Shopping Center site covers 9.63 acres and will have access on three sides.
Sufficient parking is provided to meet the needs of the proposed Car Wash, Full
Service 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.
Hualapai Way is classified as a Primary Arterial and Deer Springs Way is
classified as a Major Collector. Both roadways are adequate in size to meet the
needs of the proposed Car Wash, Full Service 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 proposed Car Wash, Full Service use will be subject to building permit and
licensing review and inspections, thereby safeguarding the health, safety and
welfare of the public, as well as the objectives of the General Plan.

5.

The use meets all of the applicable conditions per Title 19.12.
The proposed site meets the minimum six-car stacking requirement of Title 19.12.

FINDINGS (SUP-66445)
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 Liquor Establishment (Tavern) use would be located within a
multitenant building with similar commercial uses that is proposed adjacent to a
future commercial center to the east and undeveloped parcels to the north and
west. The proposed location abuts the Clark County 215 right-of-way and is
oriented toward the interior of the shopping center; however, the subject site is
located within 1,500 feet of a protected use (school). The Tavern can be
conducted in a manner that is harmonious and compatible with the adjacent uses;
however, as staff recommends denial of the companion Site Development Plan
Review application, staff also recommends that this Special Use Permit request
be denied.

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2.

The subject site is physically suitable for the type and intensity of land use
proposed.
The Shopping Center site covers 9.63 acres and will have access on three sides.
Sufficient parking is provided to meet the needs of the proposed Liquor
Establishment (Tavern) 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.
Hualapai Way is classified as a Primary Arterial and Deer Springs Way is
classified as a Major Collector by the Master Plan of Streets and Highways. Both
roadways are adequate in size to meet the needs of the proposed Liquor
Establishment (Tavern) 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 proposed Liquor Establishment (Tavern) use will be subject to building permit
and licensing review and inspections, thereby safeguarding the health, safety and
welfare of the public, as well as the objectives of the General Plan.

5.

The use meets all of the applicable conditions per Title 19.12.
A public school is located within 1,500 feet of the subject property; the applicant is
requesting a waiver of the separation requirement.

FINDINGS (SUP-66446)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
1.

The proposed land use can be conducted in a manner that is harmonious


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.
The proposed Beer/Wine/Cooler Off-Sale Establishment would be operated within
a proposed convenience store in a commercial shopping center along two major
thoroughfares. Although it is oriented to Deer Springs Way, the subject property
is located within 400 feet of a protected use (school). The subject property and
school are separated by a freeway (Clark County 215). This use can be
conducted in a manner that is harmonious and compatible with surrounding land
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uses; however, as staff recommends denial of the companion Site Development


Plan Review application, staff also recommends that the Special Use Permit
request be denied.
2.

The subject site is physically suitable for the type and intensity of land use
proposed.
The Shopping Center site covers 9.63 acres and will have access on three sides.
Sufficient parking is provided to meet the needs of the car wash and convenience
store apart from the fuel stations.

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.
Hualapai Way is classified as a Primary Arterial and Deer Springs Way is
classified as a Major Collector. Both roadways are adequate in size to meet the
needs of the proposed Beer/Wine/Cooler Off-Sale Establishment 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 proposed alcohol use will be subject to routine inspection for compliance,
thereby safeguarding the public health, safety and welfare.

5.

The use meets all of the applicable conditions per Title 19.12.
A public school is located within 400 feet of the subject property; the applicant is
requesting a waiver of the separation requirement.

FINDINGS (SDR-66447)
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 shopping center use is appropriate for this location; however, the building and
parking configuration and landscaping design do not conform to Title 19
standards, which are intended to improve aesthetics and provide amenities for
other modes of transportation.

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2.

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;
The proposed shopping center requires a rear yard setback variance and waivers
of building placement, car wash bay orientation and perimeter landscape buffer
widths, most of which staff cannot support, as there is no sufficient justification
based on the physical characteristics of the land to warrant these deviations.
Parking and uses will be consistent with the C-1 (Limited Commercial) zoning
district and SC (Service Commercial) General Plan Designation.

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
Site access will be taken from one driveway from Hualapai Way and two
driveways from Deer Springs Way, designated as a Primary Arterial and Major
Arterial, respectively. Each access will be right-in, right-out. Access is also
proposed at the eastern boundary of the site along Deer Springs Way, to be
shared with a future commercial development. Improvements will be made
pending results of a Traffic Impact Analysis. According to the Department of
Public Works, this project will add approximately 9,637 trips per day on Deer
Springs Way and Hualapai Way. Currently, Deer Springs Way is at about 17
percent of capacity and Hualapai Way is at about 77 percent of capacity. With
this project, Deer Springs Way is expected to be at about 79 percent of capacity
and Hualapai Way to be over capacity.

4.

Building and landscape materials are appropriate for the area and for the
City;
Building materials include painted stucco exteriors, stone veneer accents, clay tile
roofs, metal awnings and precast columns. These materials are typical of
shopping centers and are appropriate for this area. Landscape materials are
drought tolerant and appropriate for this location. Additional trees and shrubs
shall be provided in the north and south landscape buffers.

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 are typical of those for shopping centers in the
nearby Town Center area, with arched walkways, varied rooflines with cornices,
and popouts at storefronts. The outlying pad buildings are compatible with the
larger anchor buildings in terms of architectural style. Overall, the elevations are
sensitive to development in the area, which is primarily residential in character.
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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, thereby
protecting the public health, safety and general welfare.

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BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a Petition to Annex (ANX-12215) 207.83
acres generally located north of Centennial Parkway between
02/07/07
Shaumber Road and Fort Apache Road. The Planning Commission
and staff recommended approval. The annexation became effective
02/16/07.
The City Council approved a General Plan Amendment (GPA-20465)
from R (Rural Density Residential) to PCD (Planned Community
Development) on 23.30 acres south of Deer Springs Way, east of
Hualapai Way. The Planning Commission and staff recommended
denial.
The City Council approved a Rezoning (ZON-25758) from U
(Undeveloped) [PCD (Planned Community Development) General
Plan designation] to PD (Planned Development) on 23.62 acres south
of Deer Springs Way, east of Hualapai Way, which included the
Providence Square Master Development Plan and Design Standards.
The
Planning
Commission
recommended
approval;
staff
06/06/07
recommended denial.
The City Council approved a Petition to Vacate (VAC-25759) U.S.
Government Patent Easements generally located east of Hualapai
Way, south of Deer Springs Way. The Planning Commission and staff
recommended approval. The approval expired 04/16/11.
The City Council approved a Site Development Plan Review (SDR25760) for a proposed 205,000 square-foot commercial development
on 23.62 acres at the southeast corner of Deer Springs Way and
Hualapai Way. The Planning Commission recommended approval;
staff recommended denial. The approval expired 04/16/12.
The City Council approved a Petition to Vacate (VAC-28087) U.S.
Government Patent Easements east of Hualapai Way, south of Deer
Springs Way. The Planning Commission and staff recommended
approval. The approval expired 08/07/11.
The City Council approved a General Plan Amendment (GPA-49489)
from PCD (Planned Community Development) to ML (Medium Low
Density Residential) on 7.97 acres on the south side of Deer Springs
08/06/08
Way, approximately 960 feet east of Hualapai Way. The Planning
Commission recommended approval; staff recommended denial.
The City Council approved a Rezoning (ZON-49494) from PD
(Planned Development) to R-CL (Single Family Compact-Lot) on 7.97
acres on the south side of Deer Springs Way, approximately 960 feet
east of Hualapai Way. The Planning Commission recommended
approval; staff recommended denial.
SS

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447 [PRJ-66309]


Staff Report Page Twenty
December 13, 2016 - Planning Commission Meeting

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


The City Council approved a General Plan Amendment (GPA-57033)
from PCD (Planned Community Development) to ML (Medium Low
03/18/15
Density Residential) on 10.42 acres on the south side of Deer Springs
Way, approximately 285 feet east of Hualapai Way. Planning
Commission and staff recommended approval.
The City Council approved a Rezoning request from PD (Planned
Development) to R-CL (Single Family Compact-Lot) on 10.42 acres on
05/20/15
the south side of Deer Springs Way, approximately 285 feet east of
Hualapai Way. The Planning Commission and staff recommended
approval.
The Planning Commission voted to withdraw without prejudice a
Tentative Map (TMP-58507) for a 58-lot single family residential
07/14/15
subdivision on 10.42 acres on the south side of Deer Springs Way,
approximately 285 feet east of Hualapai Way at the applicants
request. Staff had recommended approval.
The Planning Commission approved a Petition to Vacate (VAC-60834)
U.S. Government Patent Easements generally located south of Deer
10/13/15
Springs Way, east of Hualapai Way. An Order of Relinquishment of
Interest was recorded 05/03/16.
The City Council approved a General Plan Amendment (GPA-60635)
from ML (Medium Low Density Residential) to SC (Service
Commercial) [amended from the original request of GC (General
Commercial)] on 10.42 acres on the south side of Deer Springs Way,
approximately 285 feet east of Hualapai Way.
The Planning
Commission recommended approval of the SC designation; staff
recommended denial.
11/18/15
The City Council approved a Rezoning (ZON-60636) from R-CL
(Single Family Compact-Lot) to C-1 (Service Commercial) [amended
from the original request of C-2 (General Commercial)] on 10.42 acres
on the south side of Deer Springs Way, approximately 285 feet east of
Hualapai Way. The Planning Commission recommended approval of
the C-1 designation; staff recommended denial.

SS

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447 [PRJ-66309]


Staff Report Page Twenty-One
December 13, 2016 - Planning Commission Meeting

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


The City Council approved a request for a General Plan Amendment
(GPA-64811) from PCD (Planned Community Development) to SC
(Service Commercial) on 4.27 acres at the southeast corner of Deer
Springs Way and Hualapai Way. The Planning Commission and staff
recommended approval.
The City Council approved a request for a Rezoning (ZON-64812)
09/07/16
from PD (Planned Development) to C-1 (Limited Commercial) on 4.27
acres at the southeast corner of Deer Springs Way and Hualapai Way.
The Planning Commission and staff recommended approval.
The City Council approved a request for a Tentative Map (TMP-64814)
for a two-lot commercial subdivision on 14.27 acres at the southeast
corner of Deer Springs Way and Hualapai Way. The Planning
Commission and staff recommended approval.
The Planning Commission voted (6-0) to hold VAR-66443, SUP66444, SUP-66445, SUP-66446 and SDR-66447 in abeyance to the
10/11/16
November 1, 2016 Planning Commission meeting at the applicants
request.
The Planning Commission voted (4-0) to hold VAR-66443, SUP66444, SUP-66445, SUP-66446 and SDR-66447 in abeyance to the
11/01/16
December 13, 2016 Planning Commission meeting at the applicants
request.
Most Recent Change of Ownership
06/20/16
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
There are no relevant building permits or licenses related to this site.

Pre-Application Meeting
Application requirements for a Site Development Plan Review were
discussed. It was determined at this meeting that a setback variance
and three Special Use Permits would also be required.
A
08/16/16
neighborhood meeting was strongly recommended, as the residents in
the area have not yet seen the proposed plans for the shopping
center.

SS

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447 [PRJ-66309]


Staff Report Page Twenty-Two
December 13, 2016 - Planning Commission Meeting

Field Check
09/01/16

The site is undeveloped and contains natural vegetation. The rear of


the property abuts a drainage channel and the Clark County 215
Freeway.

Details of Application Request


Site Area
Gross Acres 9.63

Surrounding
Property

Existing Land
Use Per Title
19.12

Subject
Property

Undeveloped

North

Undeveloped

South

CC 215 Beltway

East

Undeveloped

West

Undeveloped

Planned or Special
Land Use
Designation
SC (Service
Commercial)
R (Rural Density
Residential)
RL (Residential Low)
Clark County
Designation
ROW (Right-of-Way)
SC (Service
Commercial)
PCD (Planned
Community
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 (Beltway Trail)
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification
Assessment)
Project of Regional Significance

Existing Zoning
District
C-1 (Limited
Commercial)
R-E (Residence
Estates)
R-E (Rural Estates
Residential) Clark
County Designation
ROW (Right-of-Way)
C-1 (Limited
Commercial)
PD (Planned
Development)

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

SS

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447 [PRJ-66309]


Staff Report Page Twenty-Three
December 13, 2016 - Planning Commission Meeting

DEVELOPMENT STANDARDS
Pursuant to Title 19.08, the following standards apply:
Standard
Required/Allowed
Provided
Min. Lot Area
N/A
403,801 SF
Min. Lot Width
100 Feet
630 Feet
Min. Setbacks
Front
10 Feet
15 Feet
Side
10 Feet
27 Feet
Corner
10 Feet
37 Feet
Rear
20 Feet
15 Feet

Standard
Max. Lot Coverage
Max. Building Height

Required/Allowed
50 %
N/A

Trash Enclosure

Screened, Gated, w/ a
Roof or Trellis

Mech. Equipment

Screened

Provided
23.5 %
46 Feet
Screened, Gated,
w/ a Roof; do not
face rights-of-way
Parapet screened

Pursuant to Title 19.08.040, the following standards apply:


Residential Adjacency Standards
Required/Allowed
3:1 proximity slope
96 Feet
Adjacent development matching
setback
10 Feet
Trash Enclosure
50 Feet

Compliance
N/A
Y
Y
Y
Y
N

Compliance
Y
N/A
Y
Y

Provided
95 Feet

Compliance
Y

15 Feet
130 Feet

Y
Y

Pursuant to Title 19.08, the following standards apply:


Landscaping and Open Space Standards
Required
Provided
Standards
Ratio
Trees
Buffer Trees:
North
1 Tree / 20 Linear Feet
19 Trees
15 Trees
South
1 Tree / 30 Linear Feet
19 Trees
15 Trees
East
1 Tree / 30 Linear Feet
19 Trees
0 Trees
West
1 Tree / 20 Linear Feet
25 Trees
29 Trees
TOTAL PERIMETER TREES
82 Trees
59 Trees
1 Tree / 6 Uncovered
Parking Area
Spaces, plus 1 tree at the
119 Trees
107 Trees
Trees
end of each row of
spaces

Compliance

N
N
N
Y
N
N
SS

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447 [PRJ-66309]


Staff Report Page Twenty-Four
December 13, 2016 - Planning Commission Meeting

Landscaping and Open Space Standards


Required
Standards
Ratio
Trees
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
15 Feet
South
8 Feet
East
8 Feet
West
15 Feet
Wall Height
6 to 8 Feet Adjacent to Residential

Street Name

Functional
Classification of
Street(s)

Hualapai Way

Primary Arterial

Deer Springs Way

Major Collector

Governing
Document

Provided

Compliance

15 Feet
5 Feet
0 Feet
15 Feet
None

Y
N
N
Y
N/A

Actual
Street
Width
(Feet)

Compliance
with Street
Section

50

32

Master Plan of Streets


and Highways Map
Master Plan of Streets
and Highways Map

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Floor
Area or
Use
Number of
Units

Shopping
Center

98,759 SF

Required
Parking
Ratio

1 space
per 250
SF GFA

TOTAL SPACES REQUIRED


Regular and Handicap Spaces
Required
3, plus 1
per each
Loading
100,000
98,759 SF
Spaces
SF over
50,000
SF

Provided

Parking

Parking

Handicapped

Regular

Compliance

Handicapped

Regular

396
396

475

388

466

SS

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447 [PRJ-66309]


Staff Report Page Twenty-Five
December 13, 2016 - Planning Commission Meeting

Waivers
Requirement

Buildings on corner lots shall


be oriented to the corner and
street fronts
15-foot perimeter landscape
buffer shall be provided along
all property lines adjacent to
public ROW
8-foot perimeter landscape
buffer shall be provided along
all interior property lines
Openings to service or wash
bay doors shall not face public
rights-of-way and shall be
designed to minimize the visual
intrusion into adjoining
properties

Request
To allow the proposed
convenience store to be set
back from the corner (fuel
canopy would occupy the
corner)
To allow a zero-foot perimeter
landscape buffer along a
portion of the south property
line
To allow a zero-foot perimeter
landscape buffer along a
portion of the east property line

Staff
Recommendation

Denial

Denial

Denial

To allow a single car wash bay


to face a public right-of-way
(Deer Springs Way)

Denial

Request

Staff
Recommendation

Exceptions
Requirement
One 24-inch box shade tree for
every six uncovered spaces in
parking areas in islands, plus
one tree at the ends of each
parking row
(119 trees required)

To allow 107 parking lot trees

Denial

SS

VAR-66443

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VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447

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VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447

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VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447 - REVISED

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447 - REVISED

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447 - REVISED

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447 - REVISED

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447 - REVISED

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447 - REVISED

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447 - REVISED

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447 - REVISED

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447

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VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447 - REVISED

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VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447

VAR-66443 [PRJ-66309] - VARIANCE RELATED TO SUP-66444, SUP-66445, SUP-66446 AND SDR66447 - APPLICANT/OWNER: DEER SPRINGS VILLAGE, LLC
SOUTHEAST CORNER OF DEER SPRINGS WAY AND HUALAPAI WAY
09/01/16

VAR-66443 [PRJ-66309] - VARIANCE RELATED TO SUP-66444, SUP-66445, SUP-66446 AND SDR66447 - APPLICANT/OWNER: DEER SPRINGS VILLAGE, LLC
SOUTHEAST CORNER OF DEER SPRINGS WAY AND HUALAPAI WAY
09/01/16

VAR-66443 [PRJ-66309] - VARIANCE RELATED TO SUP-66444, SUP-66445, SUP-66446 AND SDR66447 - APPLICANT/OWNER: DEER SPRINGS VILLAGE, LLC
SOUTHEAST CORNER OF DEER SPRINGS WAY AND HUALAPAI WAY
09/01/16

VAR-66443 [PRJ-66309] - VARIANCE RELATED TO SUP-66444, SUP-66445, SUP-66446 AND SDR66447 - APPLICANT/OWNER: DEER SPRINGS VILLAGE, LLC
SOUTHEAST CORNER OF DEER SPRINGS WAY AND HUALAPAI WAY
09/01/16

VAR-66443 [PRJ-66309] - VARIANCE RELATED TO SUP-66444, SUP-66445, SUP-66446 AND SDR66447 - APPLICANT/OWNER: DEER SPRINGS VILLAGE, LLC
SOUTHEAST CORNER OF DEER SPRINGS WAY AND HUALAPAI WAY
09/01/16

VAR-66443 [PRJ-66309] - VARIANCE RELATED TO SUP-66444, SUP-66445, SUP-66446 AND SDR66447 - APPLICANT/OWNER: DEER SPRINGS VILLAGE, LLC
SOUTHEAST CORNER OF DEER SPRINGS WAY AND HUALAPAI WAY
09/01/16

VAR-66443 [PRJ-66309] - VARIANCE RELATED TO SUP-66444, SUP-66445, SUP-66446 AND SDR66447 - APPLICANT/OWNER: DEER SPRINGS VILLAGE, LLC
SOUTHEAST CORNER OF DEER SPRINGS WAY AND HUALAPAI WAY
09/01/16

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447

VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447

Agenda Item No.: 30.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - SUP-66444 - SPECIAL USE PERMIT RELATED TO VAR-66443 - PUBLIC
HEARING - APPLICANT/OWNER: DEER SPRINGS VILLAGE, LLC - For possible action on
a request for a Special Use Permit FOR A CAR WASH, FULL SERVICE at the southeast corner
of Deer Springs Way and Hualapai Way (APNs 125-19-301-001 and 002), C-1 (Limited
Commercial) Zone, Ward 6 (Ross) [PRJ-66309]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

11

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

SUP-66444

Agenda Item No.: 31.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - RENOTIFICATION - SUP-66445 - SPECIAL USE PERMIT RELATED TO
VAR-66443 AND SUP-66444 - PUBLIC HEARING - APPLICANT/OWNER: DEER
SPRINGS VILLAGE, LLC - For possible action on a request for a Special Use Permit FOR A
4,000 SQUARE-FOOT LIQUOR ESTABLISHMENT (TAVERN) WITH A WAIVER TO
ALLOW A 339-FOOT DISTANCE SEPARATION FROM A SCHOOL WHERE 1,500 FEET
IS REQUIRED at the southeast corner of Deer Springs Way and Hualapai Way (APNs 125-19301-001 and 002), C-1 (Limited Commercial) Zone, Ward 6 (Ross) [PRJ-66309]. Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

17

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Special Map
3. Supporting Documentation
4. Protest Comment for SUP-66445 [PRJ-66309] and Protest/Support Postcards for SUP-66445
and SUP-66446 [PRJ-66309]

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-66445

Agenda Item No.: 32.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - RENOTIFICATION - SUP-66446 - SPECIAL USE PERMIT RELATED TO
VAR-66443, SUP-66444 AND SUP-66445 - PUBLIC HEARING - APPLICANT/OWNER:
DEER SPRINGS VILLAGE, LLC - For possible action on a request for a Special Use Permit
FOR A BEER/WINE/COOLER OFF-SALE ESTABLISHMENT USE WITH A WAIVER TO
ALLOW A 339-FOOT DISTANCE SEPARATION FROM A SCHOOL WHERE 400 FEET IS
REQUIRED at the southeast corner of Deer Springs Way and Hualapai Way (APNs 125-19-301001 and 002), C-1 (Limited Commercial) Zone, Ward 6 (Ross) [PRJ-66309]. Staff recommends
DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

16

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Special Map
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.

SUP-66446

Agenda Item No.: 33.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - SDR-66447 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR66443, SUP-66444, SUP-66445 AND SUP-66446 - PUBLIC HEARING APPLICANT/OWNER: DEER SPRINGS VILLAGE, LLC - For possible action on a request for
a Site Development Plan Review FOR A PROPOSED 100,719 SQUARE-FOOT SHOPPING
CENTER WITH WAIVERS TO ALLOW BUILDINGS TO NOT BE ORIENTED TO THE
CORNER AND STREET FRONTAGE WHERE SUCH IS REQUIRED, TO ALLOW A FIVEFOOT PERIMETER LANDSCAPE BUFFER ALONG A PORTION OF THE SOUTH AND
WEST PROPERTY LINES AND A TWO-FOOT PERIMETER LANDSCAPE BUFFER
ALONG A PORTION OF THE NORTH PROPERTY LINE WHERE 15 FEET IS REQUIRED,
TO ALLOW A ZERO-FOOT LANDSCAPE BUFFER ALONG THE EAST PROPERTY LINE
WHERE EIGHT FEET IS REQUIRED, AND TO ALLOW A CAR WASH BAY TO FACE
PUBLIC RIGHT-OF-WAY WHERE SUCH IS NOT ALLOWED on 9.27 acres at the southeast
corner of Deer Springs Way and Hualapai Way (APNs 125-19-301-001 and 002), C-1 (Limited
Commercial) Zone, Ward 6 (Ross) [PRJ-66309]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

11

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. Support Postcard
4. Protest/Support Postcards

Consistent with the Citys


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

SDR-66447

Agenda Item No.: 34.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - VAR-66657 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER:
REGELIO CRUZ - For possible action on a request for a Variance TO ALLOW 11 PARKING
SPACES WHERE 22 PARKING SPACES ARE REQUIRED on 0.50 acres at 3808 Melody
Lane (APN 139-19-704-011), C-2 (General Commercial) Zone, Ward 5 (Barlow) [PRJ-66212].
Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-66657 and SDR-66658 [PRJ-66212]
2. Conditions and Staff Report - VAR-66657 and SDR-66658 [PRJ-66212]
3. Supporting Documentation - VAR-66657 and SDR-66658 [PRJ-66212]
4. Photo(s) - VAR-66657 and SDR-66658 [PRJ-66212]
5. Justification Letter - VAR-66657 and SDR-66658 [PRJ-66212]
6. Protest Postcards - VAR-66657 and SDR-66658 [PRJ-66212]

VAR-66657 and SDR-66658 [PRJ-66212]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: REGELIO CRUZ

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-66657
SDR-66658

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

REQUIRED FOR
APPROVAL
N/A
VAR-66657

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

108

APPROVALS

PROTESTS

11

RG

VAR-66657 and SDR-66658 [PRJ-66212]


Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-66657 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Site Development


Plan Review (SDR-66658).

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-66658 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Variance (VAR66657) shall be required.

2.

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

3.

All development shall be in conformance with the site plan, landscape plan, and
building elevations, date stamped 10/06/16, except as amended by conditions
herein.
RG

VAR-66657 and SDR-66658 [PRJ-66212]


Conditions Page Two
December 13, 2016 - Planning Commission Meeting

4.

A Waiver from Title 19.08 is hereby approved, to allow 10-foot wide landscape
buffer on the east property line where a 15-foot wide landscape buffer required and
zero-foot wide landscape buffer on the north and the west where an eight-foot wide
landscape buffer is required.

5.

An Exception from 19.08.110 is hereby approved, to allow zero landscape islands


where one landscape island is required and to allow zero parking lot trees where
one is required.

6.

An Exception from 19.08.040 is hereby approved, to allow 12 perimeter landscape


buffer trees where 19 perimeter landscape buffer trees are required.

7.

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

8.

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

9.

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.

10. 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.
11. All City Code requirements and design standards of all City Departments must be
satisfied, except as modified herein.

Public Works
12. Construct half-street improvements on Melody Lane meeting current City
Standards with appropriate transition paving concurrent with on-site development
activities. 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.

RG

VAR-66657 and SDR-66658 [PRJ-66212]


Conditions Page Three
December 13, 2016 - Planning Commission Meeting

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. The proposed gate shall remain open during normal business hours and shall not
swing into the public right-of-way.
15. Contact the City Engineers Office at 702-229-6272 to coordinate the development
of this project with the City of Las Vegas Capital Projects Management Rancho
Drive Capacity Improvements - Bonanza to Decatur and ITS project, and any
other public improvement projects adjacent to this site. Comply with the
recommendations of the City Engineer.
16. Landscape and maintain all unimproved rights-of-way, if any, adjacent to this site.
All landscaping and private improvements installed with this project shall be
situated and maintained so as to not create sight visibility obstructions for vehicular
traffic at all development access drives and abutting street intersections.
17. Meet with the Flood Control Section of the Department of Public Works for
assistance with establishing finished floor elevations and drainage paths for this
site prior to submittal of construction plans, the issuance of any building or grading
permits, whichever may occur first. Provide and improve all drainage ways as
recommended.

RG

VAR-66657 and SDR-66658 [PRJ-66212]


Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
This is a request for a Variance to allow 11 parking spaces where 22 parking spaces
are required and a Site Development Plan Review for a proposed 6,604 square-foot
Building Maintenance Service and Sales on a vacant property located at 3808 Melody
Lane.

ISSUES

A Variance is required to allow 11 parking spaces where 22 are required. Staff does
not support this request.
Waivers are required to allow the landscape buffers at zero feet along a portion of
the north and the west property lines; and to allow a 10-foot along the east property
line. Staff does not support these requests.
An Exception is required to allow 12 landscape perimeter buffer trees where a total
of 19 trees are required. Staff does not support this request.
An Exception is required to allow no parking lot trees and islands where one tree
and island are required for every six parking spaces. Staff does not support this
request.

ANALYSIS
The proposed development is subject to Title 19 requirements for zoning and design
and is not part of any special plan area. The site falls within the 70-foot radius of the
Airport Overlay District and the height of the proposed structure is well within the height
limitation. The proposed development is subject to the requirements of the C-2
(General Commercial) zoning district.
The proposed 6,604 square-foot building contains three multi-tenant suites intended for
a Building Maintenance Service and Sales use. The proposed development does not
meet Title 19.08.080, Landscape Buffers, and the applicant is requesting Waivers to
allow zero feet along a portion of the perimeter landscape buffers along the north and
west property lines where eight feet is required; and a Waiver to allow 10 feet along the
east property lines where 15 feet is required. In addition, the applicant is requesting
exceptions of the quantity of the landscape materials and the Parking Lot Island and
tree requirements withinthe perimeter landscape buffers provided, the number of threes

RG

VAR-66657 and SDR-66658 [PRJ-66212]


Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

required has been limited to 12 trees where 19 trees are required for the overall
development. The shrubs provided are adequate in quantities for the provide trees for
the site. The primary tree species being utilized are 24 box Shoestring Acacia, 24 box
Mondel Pine and 24 box Chilean Mesquite.
The faade of the building utilizes Concrete Masonry Unit or CMU on all sides. Two
types of CMU for the building faade material that are split face CMU and fluted split
CMU in chocolate and tan colors respectively. The buildings front entrances incorporate
aluminum storefront with dark bronze frame with clear glazing and metal roofing with
colonial red color. In addition, each of the front entrances has a metal roll-up overhead
door in desert tan color. The secondary doors located on the north side of the building
consist of a steel door with dark bronze color.
The subject property has a lot width of approximately 97 feet; C-2 (General
Commercial) standards require a minimum width of 100 feet. The subject property has
been zoned C-2 and pursuant to Title 19.14 is identified as a legal nonconforming
property.
The applicant is requesting a Variance for the required parking. The proposed 6,604
square-foot Building Maintenance Service and Sales Building requires 22 parking
spaces; however, only 11 spaces are provided. The proposed a site has insufficient
parking with a 50% deviation from standard parking requirements. Staff does not
support this request.
The Las Vegas Valley Water District (LVVWD) has provided comment for this parcel
and is located within the LVVWD service area, but is not served by LVVWD. It is served
by the Eastland Water Association, a quasi-municipal well.
The Department of Public Works has provided the Average Daily Traffic (ADT) counts,
for this development will have 282 cars per day on Melody Lane, Primrose Path and
Rancho Drive. Rancho Drive is at 95 percent of capacity. With this development,
Rancho Drive is expected to be at about 96 percent of capacity. However, volumes are
not available for Melody Lane and Primrose Path, but they are believed to be under
capacity. Based on Peak Hour use, this development will add into the area roughly 25
additional cars, or about one every two minutes.
The proposed development does not meet all Title 19 requirements. The proposed
development does not meet the minimum parking requirements and a Variance
application is required in addition to the Site Development Plan Review. A Waiver of
the perimeter landscape buffers is also required. The subject location can be utilized
with a smaller building to meet the parking requirement, staff has determined that the
proposed Variance is self-imposed; therefore, staff recommends denial and the Site
Development Plan Review applications. If these requests are approved, it is subject to
conditions.
RG

VAR-66657 and SDR-66658 [PRJ-66212]


Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

FINDINGS (VAR-66657)
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.
No evidence of a unique or extraordinary circumstance has been presented, in that the
applicant has created a self-imposed hardship by proposing a 6,604 square-foot
Building Maintenance Service and Sales Building. The proposed building would create
a site with insufficient parking and resulted in a 50% deviation from standard parking
requirements. A smaller building size 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-66658)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E)
the Planning Commission and/or City Council must affirm the following:
1.

The proposed development is compatible with adjacent development and


development in the area;
The proposed development of the subject site is not consistent with surrounding
development in the area. The applicant proposes 6,604 square-foot building for a
proposed Building Maintenance Service and Sales Building use. The proposed
use would create a site with insufficient parking and result in 50% deviation from
standard parking requirements.
RG

VAR-66657 and SDR-66658 [PRJ-66212]


Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

2.

The proposed development is consistent with the General Plan, this Title,
the Design Standards Manual, the Landscape, Wall and Buffer Standards,
and other duly-adopted city plans, policies and standards;
The proposed landscape buffer is not consistent with Title 19 Landscape
Standards, due to the requested Waivers of the landscape buffer widths and
Exceptions of the landscape material and landscape island. The proposed
development requires 22 parking spaces and a Variance application to allow 11
parking spaces is required for the approval of the Site Development Plan Review;
staff recommends denial.

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
Site access will be at Melody Lane, which is considered under capacity for traffic
conveyance. Circulation is logical and will not cause traffic conflicts on site or in
the area.

4.

Building and landscape materials are appropriate for the area and for the
City;
The building materials are appropriate for the area and the site will incorporate
drought tolerant landscape materials.

5.

Building elevations, design characteristics and other architectural and


aesthetic features are not unsightly, undesirable, or obnoxious in
appearance; create an orderly and aesthetically pleasing environment; and
are harmonious and compatible with development in the area;
The design characteristics of the proposed building elevations are not unsightly
and are compatible with development in the area. The proposed materials are
suitable for the surrounding uses.

6.

Appropriate measures are taken to secure and protect the public health,
safety and general welfare.
Site Development is subject to permits, licensing and inspection, thereby
safeguarding the public health, safety and general welfare.

RG

VAR-66657 and SDR-66658 [PRJ-66212]


Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
A Code Enforcement case (#160353) was processed. The case was
10/15/15
resolved on 01/20/16.
A Code Enforcement case (#166675) was processed trash debris at
05/10/16
3808 Melody Lane. The case was resolved on 05/25/16.
A Code Enforcement case (#170995) was processed for refuse and
waste dump at the northeast area of parcel with dead vegetation and
09/28/16
weeds throughout located at 3808 Melody Lane. The case is not
resolved.
The Planning Commission voted (4-0) to hold VAR-66657 and SDR11/01/16
66658 in abeyance to the December 13, 2016 Planning Commission
meeting.

Most Recent Change of Ownership


09/16/15
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#306719) was issued for a demolition of single
12/10/15
family dwelling at 3808 Melody Lane. The permit was finalized on
08/18/16.

Pre-Application Meeting
A pre-application meeting was conducted with the applicant and
representative about a proposed commercial building for the subject
property. The applicant was informed that the proposed project
08/11/16
requires a Variance application for parking since the proposed project
requires 22 parking spaces and a Site Development Plan Review
application with waivers of the landscape buffers and exceptions of the
number trees required.

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

RG

VAR-66657 and SDR-66658 [PRJ-66212]


Staff Report Page Six
December 13, 2016 - Planning Commission Meeting

Field Check
09/26/16

A field check by staff was conducted of the subject property and


observed refuse and waste dump on the property.

Details of Application Request


Site Area
Net Acres
0.44

Surrounding
Property
Subject
Property
North
South
East
West

Existing Land
Use Per Title
19.12
Single Family,
Detached
Office, other than
Listed
General Retail
Multi-Family
Residential
Single Family,
Detached
Single Family,
Detached

Planned or Special
Land Use
Designation
GC (General
Commercial)

Existing Zoning
District
C-2 (General
Commercial)

GC (General
Commercial)

C-2 (General
Commercial)

M (Medium Density
Residential)
GC (General
Commercial)
M (Medium Density
Residential)

R-3 (Medium Density


Residential)
C-2 (General
Commercial)
R-3 (Medium Density
Residential)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
A-O (Airport Overlay) District (70 feet)
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification
Assessment)
Project of Regional Significance

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

RG

VAR-66657 and SDR-66658 [PRJ-66212]


Staff Report Page Seven
December 13, 2016 - Planning Commission Meeting

DEVELOPMENT STANDARDS
Pursuant to Title 19.08, the following standards apply:
Standard
Required/Allowed
Provided
Min. Lot Size
100 SF
96.97 SF
Min. Setbacks
Front (East)
10 Feet
11 Feet
Side (North)
10 Feet
10 Feet
Side (South)
10 Feet
57 Feet
Rear (West)
20 Feet
20 Feet
Max. Lot Coverage
50 %
35 %
Max. Building Height
N/A Feet
23 Feet
Screened, Gated, w/ a
Screened, Gated, w/
Trash Enclosure
Roof or Trellis
a Roof or Trellis
Mech. Equipment
Screened
Screened
*Pursuant to Title 19.14, the subject property is a legal nonconforming.

Compliance
Y*
Y
Y
Y
Y
Y
Y
Y
Y

Pursuant to Title 19.08, the following standards apply:


Landscaping and Open Space Standards
Required
Standards
Provided
Compliance
Ratio
Trees
Buffer Trees:
North
1 Tree / 30 Linear Feet
5 Trees
3 Trees
N*
South
1 Tree / 20 Linear Feet
5 Trees
5 Trees
Y
East
1 Tree / 20 Linear Feet
2 Trees
2 Trees
Y
West
1 Tree / 20 Linear Feet
7 Trees
2 Trees
N*
TOTAL PERIMETER TREES
19 Trees
12 Trees
N*
1 Tree / 6 Uncovered
Parking Area
Spaces, plus 1 tree at
1 Trees
0 Trees
N*
Trees
the end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
8 Feet
0 Feet
N**
South
8 Feet
8 Feet
Y
East
15 Feet
10 Feet
N**
West
8 Feet
0 Feet
N**
Wall Height
6 to 8 Feet Adjacent to Residential
8 Feet
Y
*An exception required for planting materials within the west, north and east landscape
buffers.

RG

VAR-66657 and SDR-66658 [PRJ-66212]


Staff Report Page Eight
December 13, 2016 - Planning Commission Meeting

**Waivers are required to allow zero feet along a portion of the west and north; and 10foot along the east perimeter landscape buffers has been requested as part of the Site
Development Plan Review (SDR-66658) application.

Street Name

Functional
Classification of
Street(s)

Governing
Document

Melody Lane

Local Street

N/A

Actual
Street
Width
(Feet)
60

Complian
ce with
Street
Section
Y

Parking Requirement

Use

Gross Floor
Area or
Number of
Units

Required
Provided
Compliance
Parking
Parking
Handi
Handi
Parking
Regula
Regula
Ratio
r
cappe
r
cappe
d
d

Building
Maintenance
6,604 SF
1/300 SF
22
Service and
Sales
TOTAL SPACES REQUIRED
22
11
N*
Regular and Handicap Spaces
N*
21
1
10
1
Required
Percent Deviation
50%
*Variance (VAR-66657) has been applied for with this Site Development Plan Review (SDR66658) application.

Waivers
Requirement
15-foot landscape buffer
adjacent to Right-of-Way

8-foot Interior Lot Lines

8-foot Interior Lot Lines

Request
To allow a 10-foot
landscape buffer
along the east.
To allow a zero-foot
landscape buffer
along the north and
west perimeter.
To allow a zero-foot
landscape buffer
along the west.

Staff Recommendation
Denial

Denial

Denial

RG

VAR-66657 and SDR-66658 [PRJ-66212]


Staff Report Page Nine
December 13, 2016 - Planning Commission Meeting

Exceptions
Requirement
One landscape island for
every six parking spaces.
24 box trees within perimeter
buffers (19 trees required)

Request
To allow zero
landscape island in
the parking lot
To allow 12 perimeter
buffer trees

Staff Recommendation
Denial
Denial

RG

VAR-66657

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VAR-66657 and SDR-66658 - REVISED

7"

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VAR-66657 and SDR-66658 - REVISED

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VAR-66657 [PRJ-66212] - VARIANCE RELATED TO SDR-66658 - APPLICANT/OWNER: REGELIO CRUZ


3808 MELODY LANE
09/26/16

VAR-66657 [PRJ-66212] - VARIANCE RELATED TO SDR-66658 - APPLICANT/OWNER: REGELIO CRUZ


3808 MELODY LANE
09/26/16

VAR-66657 [PRJ-66212] - VARIANCE RELATED TO SDR-66658 - APPLICANT/OWNER: REGELIO CRUZ


3808 MELODY LANE
09/26/16

VAR-66657 [PRJ-66212] - VARIANCE RELATED TO SDR-66658 - APPLICANT/OWNER: REGELIO CRUZ


3808 MELODY LANE
09/26/16

VAR-66657 [PRJ-66212] - VARIANCE RELATED TO SDR-66658 - APPLICANT/OWNER: REGELIO CRUZ


3808 MELODY LANE
09/26/16

VAR-66657 [PRJ-66212] - VARIANCE RELATED TO SDR-66658 - APPLICANT/OWNER: REGELIO CRUZ


3808 MELODY LANE
09/26/16

VAR-66657 and SDR-66658 - REVISED

VAR-66657 and SDR-66658 - REVISED

Oct2416,09:31a

702 647 0080

LauraM HitchcockArroyo

Cty of Las Vegas '


Depanment of Planning

p,'1

PRSRT

FIRSTCIJSSMIL
U.S. Posnoe

Deveiopment Services Center


333 Nonh Rancho Drjr.e,3'd Floor
Las Vegas, Nevada 89106

PAIDt

Return Service Requested


Official Notice of Public

RECEIVED

0cr 2 6

rttt

Vegas,l'W

Perr,it 1,1c. I631

CiHall

2t6

of Las Veoas
Dept. of planni-ing

CTty

A
N
Ctt Hall
Lxu ,1

If

you wish to file your prost or support on this request, check the
appropriate box below and return this cd in an envelope with postage to the
Deparunent of Planning at fbe address listed above, fax this side of this card to
(702) 464-7499 on make your comments at www.lasvegasnevada,gov. If you
would like to contacr ygurCouncil Reprentafive, please call (?02) 229.{405.

ABROYO MICHAEL P & LAURA M


3879 MOUNTAIN TRL
LAS VEGAS NV 89108-19f4

I SUPPORT

OPPOSE
rhis Request

drs Request

SDF665S
g91 9g 1 204flcs: VAR-06657,

Please use available blank space on card for your coilnents.

VAR-66657 and SDR-66658 [PRJ-66212I


Pianning Commission lvleeting of tLl0ll0l6

i'i

ici:F'ri#

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City of

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Lasvegas RECIVED

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FIRST CTASS MAIL

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Ls Vegas, NV
Permit No. 1630

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If

(-/t*'*/-

you wish to file your protest or suppott on this rcquest, check the

appropriate box below and retum this cad in an envelope with postage to tlie
epartment of Planning at the address listed above, fax this side of this card to
0A 464-7499 or make your cornments at www.lasvegasnevada.gov. llyou
would like to contact your Council Reptcsentative, please call (702) 229-6405.

I SUPPORT

I OPPOSE

this Request

this Request

t Sgt gZ0g0egcuse:

VAH-666s7. SDR-666s9

CANAL BENIAMINO & J 2OO2 REV TR


CANAL BENIAMINO & JANICE CO-TRS
1812 CYPRESS TRL
LAS VEGAS NV 89108.1906

Please use available blank space on card for your comments.

VAR-66657 and SDR-66658 [PRI-66212]


Planning Commission Meetingof .l !!9!l?9.19

':i':

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Agenda Item No.: 35.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - SDR-66658 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR66657 - PUBLIC HEARING - APPLICANT/OWNER: REGELIO CRUZ - For possible action
on a request for a Site Development Plan Review FOR A PROPOSED 6,604 SQUARE-FOOT
BUILDING MAINTENANCE SERVICE AND SALES BUILDING, WITH WAIVERS OF
THE PERIMETER LANDSCAPE BUFFERS TO ALLOW 10 FEET ALONG THE EAST
PROPERTY LINE WHERE 15 FEET IS REQUIRED AND TO ALLOW ZERO FEET ALONG
A PORTION OF THE NORTH AND WEST PROPERTY LINES WHERE EIGHT FEET IS
REQUIRED on 0.50 acres at 3808 Melody Lane (APN 139-19-704-011), C-2 (General
Commercial) Zone, Ward 5 (Barlow) [PRJ-66212]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

SDR-66658

SDR-66658

Agenda Item No.: 36.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - VAR-66689 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER:
WINOGRAD YUDKA - For possible action on a request for a Variance TO ALLOW A
THREE-FOOT SIDE YARD SETBACK WHERE FIVE FEET IS REQUIRED FOR A
PROPOSED HOME ADDITION on 0.17 acres located at 4609 Del Monte Avenue (APN 16206-213-011), R-1 (Single Family Residential) Zone, Ward 1 (Tarkanian) [PRJ-66548]. Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

VAR-66689 [PRJ-66548]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: WINOGRAD YUDKA

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-66689

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends DENIAL, if approved subject to


conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

250

APPROVALS

PROTESTS

20

CS

VAR-66689 [PRJ-66548]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-66689 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.

CS

VAR-66689 [PRJ-66548]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting a Variance to allow a proposed home addition that will result
in a three-foot side yard setback where five feet is the minimum required in the R-1
(Single Family Residential) zoning district at 4609 Del Monte Avenue.

ISSUES

The R-1 zoning district requires principal buildings to have a minimum side yard
setback of five feet. The applicant is proposing a three-foot side yard setback for a
proposed home addition.

ANALYSIS
Per the submitted site plan, the addition will be used for a second kitchen and utility
room. According to Title 19, an auxiliary kitchen is permissible and defined as a
second kitchen in a single family detached dwelling that is:
1. Intended solely for use by members of the household for private dinner parties or
social gatherings; and
2. Not located within an accessory structure and is directly accessible from the rest
of the dwelling.
The proposed home addition will meet these requirements, as the owner has stated that
the second kitchen will be kosher and used for holidays and family gatherings. The
submitted floor plan also shows that the proposed second kitchen will be directly
accessible from the rest of the principal dwelling. The subject site is zoned R-1 (Single
Family Residential), which requires a five-foot side yard setback. The applicant is
requesting a side yard setback of three feet for the proposed home addition. The R-1
zoning district also allows a maximum lot coverage of 50 percent. With the proposed
311 square-foot addition, the total coverage will be 30 percent.
Since this is a self-imposed hardship created by the owner, staff recommends denial of
the request. If approved, the applicant will be able to construct its home addition with a
three-foot side yard setback.

CS

VAR-66689 [PRJ-66548]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

FINDINGS (VAR-66689)
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 construct an addition that
does not meet the R-1 (Single Family Residential) zoning district standards.
Reconfiguring the placement of the proposed home addition 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 Building Permits/Business Licenses
A residential building permit (Permit #22008) was issued for a new
10/18/63
single family dwelling.

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


The Planning Commission voted (4-0) to hold VAR-66689 in abeyance
11/01/16
to the December 13, 2016 Planning Commission meeting.

CS

VAR-66689 [PRJ-66548]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

Most Recent Change of Ownership


11/14/14
A deed was recorded for a change in ownership.

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
08/30/16
requirements and deadlines were reviewed.

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

Field Check
09/26/16

Staff conducted a routine field check and found the site to be well
maintained.

Details of Application Request


Site Area
Net Acres
0.17

Surrounding
Property
Subject
Property
North
South
East
West

Existing Land
Use Per Title
19.12
Single Family,
Detached
Single Family,
Detached
Single Family,
Detached
Single Family,
Detached
Single Family,
Detached

Master Plan Areas


No Applicable Master Plan Area

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

Existing Zoning
District
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)

Compliance
N/A

CS

VAR-66689 [PRJ-66548]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

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

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

DEVELOPMENT STANDARDS
Pursuant to Title 19.06, the following standards apply:
Standard
Required/Allowed Provided
Min. Lot Size
6,500 SF
7,405 SF
Min. Lot Width
60 Feet
75 Feet
Min. Setbacks
Front
20 Feet
26 Feet
Side
5 Feet
3 Feet
Corner
15 Feet
N/A
Rear
15 Feet
26 Feet
Max. Lot Coverage
50 %
30 %
Max. Building Height
35 Feet
8 Feet

Compliance
Y
Y
Y
N
N/A
Y
Y
Y

CS

VAR-66689

CLV Planning - Application Form


Application Number:

PRJ-66548

Application/Petition For:

VARIANCE FOR KITCHEN/PANTRY ADDITION

ProjectAddress (Location):

4609 DEL MONTE AVENUE

Project Name

VARIANCE FOR KITCHEN/PANTRY ADDITION

Assessors Parcel #(s):

16206213011

Ward #:

WARD 1 (LOIS TARKANIAN)

Is the Application Information


Correct:

Yes

If no, ...change what


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

Select

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

Stan

Applicant Last Name:

Popek

Applicant Address:

3655 W Quail Av Ste D

Applicant City:

Las Vegas

Applicant State:

Nevada

Applicant Zip:

89118

Applicant Phone:

7027885040

Applicant Fax:
Applicant Email:

design@gvsconstructionllc.com

Rep First Name:

Stan

Rep Last Name:

Popek

Rep Address:

3655 W Quail Av Ste D

Rep City:

Las Vegas

Rep State:

Nevada

Rep Zip:

89118

Rep Phone:

7027885040

Rep Fax:
Rep Email:

9/21/2016 1:27:37 PM

design@gvsconstructionllc.com

VAR-66689

Page 1 of 2

CLV Planning - Application Form


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

Yes

Is the Owner Information Correct:

Yes

If no, ...change what

Owner(s)

ADDR1

ADDR2

WINOGRAD YUDKA

4609 DEL MONTE AVE

LAS VEGAS, NV 89102

CLVEPLAN Applicant

Company

Title

Email

Stan Popek

GVS Construction LLC

Engineer

design@gvsconstructionllc.com

9/21/2016 1:27:37 PM

VAR-66689

Page 2 of 2

b7A

b7A7

7A

VAR-66689

77A

b7A

A
A
A77AA7A

7b77
b 7b7b7b7bb77b
b


77

7

A
A

A7A777

77

A7A

77

77

A7A777

77A7A

777b777b

7A

b7A

7A

VAR-66689

b7A

7 A

77A

b7A7

A
A

A77AA7A

7b77
b
7b7b7b7bb77b
b

77

A
A

A7A777

77

A7A

77

77

A7A777

77A7A

777b777b

7A

VAR-66689

77

7

A7
77

A
A

A77AA
7A

7b77
b
7b7b7b7bb77b
b

77

A
A

A7A777

77

A7A

77

77

A7A777

77A7A

777b777b

77

77

b7

7

77

7

7

7

77

VAR-66689

7

7

A
A
A77AA
7A

7b77
b
7b7b7b7bb77b
b

777

A
A

A7A777

77

A7A

77

77

A7A777

77A7A

777b777b

A

77

77

b7

7

7

b7

7

7

b7

7

b7

VAR-66689

77

77

77

77

7

7AAb
7

A

A
77A
A7A

7b77
b
7b7b7b7bb77b
b

77

A7A777

77

A7A

77

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A7A777

77A7A

777b777b

7A

VAR-66689 - REVISED

77
A7
7b

Ab
b

A
A77AA7A
A

7b77
b
7b7b7b7bb77b
b

777

A
A

A7A777

77

A7A

77

77

A7A777

77A7A

777b777b

bAbA

VAR-66689

VAR-66689 [PRJ-66548] - VARIANCE - APPLICANT/OWNER: WINOGRAD YUDKA


4609 DEL MONTE AVENUE
09/26/16

VAR-66689 [PRJ-66548] - VARIANCE - APPLICANT/OWNER: WINOGRAD YUDKA


4609 DEL MONTE AVENUE
09/26/16

777 7b 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 77 7
7 7 7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 7 7 7
7 7/ 7/ 7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 7
777
7

77777
7777
77777
77777
7 /
7b 7 b
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7

VAR-66689

Agenda Item No.: 37.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - SUP-66806 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/
OWNER: ZEUS1 INVESTMENTS, LLC - For possible action on a request for a Special Use
Permit FOR A PROPOSED SHORT-TERM RESIDENTIAL RENTAL USE WITH A WAIVER
TO ALLOW A 241-FOOT DISTANCE SEPARATION FROM A SIMILAR USE WHERE 660
FEET IS REQUIRED at 1612 South 6th Street (APN 162-03-213-001), R-1 (Single Family
Residential) Zone, Ward 3 (Coffin) [PRJ-66759]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
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
3. Conditions and Staff Report
4. Supporting Documentation
5. Photo(s)
6. Justification Letter
7. Protest Postcards, Protest Comments, Telephone Log and Protest Letter

SUP-66806 [PRJ-66759]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/ OWNER: ZEUS1 INVESTMENTS, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SUP-66806

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends DENIAL, if approved subject to


conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

314

APPROVALS

PROTESTS

29

CS

SUP-66806 [PRJ-66759]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

SUP-66806 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a ShortTerm Residential Rental use, except as amended herein.

2.

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

3.

A Waiver from Title 19.12 is hereby approved, to allow a 292-foot distance


separation from another Short-Term Residential Rental use, where 660 feet is
required.

4.

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

5.

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

6.

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

CS

SUP-66806 [PRJ-66759]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit with a waiver to allow a Short-Term
Residential Rental use at 1612 South 6th Street.

ISSUES

A Short-Term Residential Rental use is permitted in the R-1 (Single Family


Residential) zoning district as a Conditional Use. However, since the subject site is
located within 241 feet of a similar use, a Special Use Permit and distance
separation waiver are required.
Staff recommends denial of this request as the applicant cannot meet Title 19
requirements.

ANALYSIS
The applicant is proposing to utilize their single family dwelling as a Short-Term
Residential use at 1612 South 6th Street. While the use is allowed as a Conditional Use
in the R-1 (Single Family Residential) zoning district, a Special Use Permit and waiver
are required since the subject site is located within 241 feet of a similar use. The subject
site is also located within the John S. Park Historic Neighborhood Special Area. The
proposed Short-Term Residential use is not compatible with the neighborhood goal of
preventing properties currently zoned for single-family residential use from being
converted to commercial use.
The Short-Term Residential Rental use is defined as The commercial use, or the
making available for commercial use, of a residential dwelling unit for dwelling, lodging
or sleeping purposes, wherein any individual guest rents or occupies the unit for a
period of less than 31 consecutive calendar days. This use does not include a
Community Residence, Facility for Transitional Living for Released Offenders, or any
other facility with dwelling units that is specifically defined in Chapter 19.18. The
proposed use meets this definition as the applicant intends to rent out their single-family
dwelling for short-term use.
The Minimum Special Use Permit Requirements for this use include:
1. The operator must obtain a business license to operate the use.

CS

SUP-66806 [PRJ-66759]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

If this Special Use Permit is approved, the applicant will be required to obtain a
business license.
2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.
If a business license is issued for the Short-Term Residential Rental use, it will
be subject to license renewal and annual compliance review to ensure that all
regulatory requirements are being met.
3. The use must comply with the Citys noise regulations as they apply to residential
uses.
If this use violates the Citys noise regulations, neighbors or members of the
public can file a complaint to the Code Enforcement Division, which could result
in a fine.
4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or
access to other properties in the area.
If the parking regulations are violated or any traffic obstruction to other
properties, the public can either call the Las Vegas Metropolitan Police
Department or the Business License Division for non-compliance of business
license requirements.
5. In addition to and independent of any enforcement authority or remedy described
in this Title, the failure to comply with a Minimum Special Use Permit
Requirement or other condition of approval associated with this use may be
enforced as in the case of a violation of Title 6 by means of a civil proceeding
pursuant to LVMC 6.02.400 to 6.02.460, inclusive.
If approved, this application will be subject to annual review for compliance of the
special use permit by the Department of Planning.
6. The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).

CS

SUP-66806 [PRJ-66759]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

The subject property is within 241 feet from another Short-Term Residential
Rental use. This Special Use Permit application is accompanied with a request
for a waiver of the distance separation.
7. The maximum occupancy of the residential dwelling unit shall not exceed the
limits provided for in LVMC 6.75.090.
Business License will conduct compliance inspections once a business license is
approved for compliance review.
The proposed Short-Term Residential Rental use will not be compatible with the
surrounding residential uses due to the existing similar use that is currently licensed
within 241 feet from the proposed subject property. The minimum special use permit
requirements specify that the distance to similar uses shall be at 660 feet; therefore,
staff recommends denial. If this application is approved, it is subject to conditions.

FINDINGS (SUP-66806)
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 the existing surrounding land uses due to the waiver request of
241-foot distance separation from similar uses.

2.

The subject site is physically suitable for the type and intensity of land use
proposed.
The subject site is not physically suitable for the type and intensity of land use
proposed due to the similar uses within 241 feet.

3.

Street or highway facilities providing access to the property are or will be


adequate in size to meet the requirements of the proposed use.
The subject site can be accessed from South 6th Street, a local street.

4.

Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.
CS

SUP-66806 [PRJ-66759]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

Approval of the Special Use Permit on this site will be subject to conditions of
approval and business license compliance
5.

The use meets all of the applicable conditions per Title 19.12.

The proposed use does not meet all of the applicable conditions of Title 19.12.
The use may not be closer than 660 feet from any other Short-Term Residential
Rental use. The applicant is requesting a waiver to allow 241-foot distance
separation.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Planning Commission voted (4-0) to hold SUP-66806 in abeyance
11/01/16
to the December 13, 2016 Planning Commission meeting.
Most Recent Change of Ownership
07/12/16
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
A business license (#G64-01367) was denied for a proposed short02/23/16
term rental at 1612 South 6th Street.
Pre-Application Meeting
Staff held a pre-application meeting where the submittal requirements
09/14/16
and deadlines were discussed.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
09/26/16

Staff conducted a routine field check and found the site to be well
maintained.

Details of Application Request


Site Area
Gross Acres 0.24
CS

SUP-66806 [PRJ-66759]
Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

Surrounding
Property
Subject
Property
North
South
East
West

Existing Land
Use Per Title
19.12
Single Family,
Detached
Single Family,
Detached
Single Family,
Detached
Single Family,
Detached
Single Family,
Detached

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

Master Plan Areas


John S. Park Historic Neighborhood
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

Existing Zoning
District
R-1 Single Family
Residential
R-1 Single Family
Residential
R-1 Single Family
Residential
R-1 Single Family
Residential
R-1 Single Family
Residential

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

CS

SUP-66806

SUP-66806

SUP-66806

SUP-66806

SUP-66806

SUP-66806

SUP-66806

SUP-66806

SUP-66806 [PRJ-66759] - SPECIAL USE PERMIT - APPLICANT/ OWNER: ZEUS1 INVESTMENTS, LLC
1612 SOUTH 6TH STREET
09/26/16

SUP-66806 [PRJ-66759] - SPECIAL USE PERMIT - APPLICANT/ OWNER: ZEUS1 INVESTMENTS, LLC
1612 SOUTH 6TH STREET
09/26/16

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SUP-66806

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Agenda Item No.: 38.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-67706 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: 7470, LLC - For
possible action on a request for a Variance TO ALLOW A 35-FOOT RESIDENTIAL
ADJACENCY SETBACK ALONG THE NORTH PROPERTY LINE WHERE 51 FEET IS
REQUIRED on 5.30 acres at the northeast corner of Deer Springs Way and Hualapai Way (APN
125-19-202-006), C-1 (Limited Commercial) Zone, Ward 6 (Ross) [PRJ-67402]. Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-67706, SUP-67486, SUP-67487 and SDR-67484 [PRJ67402]
2. Conditions and Staff Report - VAR-67706, SUP-67486, SUP-67487, SDR-67484 [PRJ67402] and VAC-67470, TMP-67469 [PRJ-67468]
3. Supporting Documentation - VAR-67706, SUP-67486, SUP-67487, SDR-67484 [PRJ-67402]
and VAC-67470, TMP-67469 [PRJ-67468]
4. Photo(s) - VAR-67706, SUP-67486, SUP-67487, SDR-67484 [PRJ-67402] and VAC-67470,
TMP-67469 [PRJ-67468]
5. Justification Letter - VAR-67706, SUP-67486, SUP-67487, SDR-67484 [PRJ-67402] and
VAC-67470, TMP-67469 [PRJ-67468]
6. Protest Comment for VAR-67706 [PRJ-67402] and Protest Postcards for VAR-67706 and
SUP-67486 [PRJ-67402

VAR-67706, SUP-67486, SUP-67487, SDR-67484 [PRJ-67402] and VAC-67470,


TMP-67469 [PRJ-67468]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: 7470, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-67706
SUP-67486
SUP-67487
VAC-67470

RECOMMENDATION
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:

REQUIRED FOR
APPROVAL

DENIAL, if approved subject to


DENIAL, if approved subject to

VAR-67706

DENIAL, if approved subject to

VAR-67706
SUP-67486
VAR-67706
SUP-67486
SUP-67487
VAR-67706
SUP-67486
SUP-67487
VAC-67470
VAR-67706
SUP-67486
SUP-67487
VAC-67470
SDR-67484

DENIAL, if approved subject to

SDR-67484

Staff recommends DENIAL, if approved subject to


conditions:

TMP-67469

Staff recommends DENIAL, if approved subject to


conditions:

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

41

114 - VAR-67706 and SUP-67486


114 - SUP-67487 and SDR-67484
7 - VAC-67470
116 - TMP-67469
NE

VAR-67706, SUP-67486, SUP-67487, SDR-67484 [PRJ-67402] and VAC-67470,


TMP-67469 [PRJ-67468]
Notification Page Two
December 13, 2016 - Planning Commission Meeting

APPROVALS

0 - VAR-67706 and SUP-67486


0 - SUP-67487 and SDR-67484
0 - VAC-67470
1 - TMP-67469

PROTESTS

4 - VAR-67706
3 - SUP-67486
4 - SUP-67487
3 - SDR-67484
0 - VAC-67470
3 - TMP-67469

NE

VAR-67706, SUP-67486, SUP-67487, SDR-67484 [PRJ-67402] and VAC-67470,


TMP-67469 [PRJ-67468]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-67706 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-67486), Special Use Permit (SUP-67487), and Site Development Plan
Review (SDR-67484) 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.

SUP-67486 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Car
Wash, Full Service or Auto Detailing use.

2.

Approval of and conformance to the Conditions of Approval for Variance (VAR67706), Special Use Permit (SUP-67487) and Site Development Plan Review
(SDR-67484) shall be required.

NE

VAR-67706, SUP-67486, SUP-67487, SDR-67484 [PRJ-67402] and VAC-67470,


TMP-67469 [PRJ-67468]
Conditions Page Two
December 13, 2016 - Planning Commission Meeting

3.

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

4.

A Waiver from Title 19.12 is hereby approved, to allow the car wash bay to face
the public right-of-way where such is not allowed.

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.

SUP-67487 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a MiniStorage Facility use.

2.

Approval of and conformance to the Conditions of Approval for Variance (VAR67706), Special Use Permit (SUP-67486) and Site Development Plan Review
(SDR-67484) 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.
NE

VAR-67706, SUP-67486, SUP-67487, SDR-67484 [PRJ-67402] and VAC-67470,


TMP-67469 [PRJ-67468]
Conditions Page Three
December 13, 2016 - Planning Commission Meeting

6.

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

VAC-67470 CONDITIONS
Public Works
1.

The limits of this Petition of Vacation shall be the U.S. Government Patent
Easements located on Assessor Parcel Numbers 125-19-202-006 at the northeast
corner of Deer Springs Way and Hualapai Way.

2.

The Order of Relinquishment shall not include the areas that overly the future rightof-way of Hualapai Way and Deer Springs Way.

3.

A Drainage Plan and Technical Drainage Study must be submitted to and


approved by the Department of Public Works prior to the recordation of the Order
of Relinquishment for this application. Appropriate drainage easements shall be
reserved if recommended by the approved Drainage Plan/Study. The drainage
study required by SDR-67484 may be used to satisfy this requirement provided
that it addresses the area to be vacated.

4.

All public improvements, if any, adjacent to and in conflict with this vacation
application are to be modified, as necessary, at the applicant's expense prior to the
recordation of an Order of Vacation.

5.

The Order of Relinquishment of Interest shall not be recorded until all of the
conditions of approval have been met provided, however, the conditions requiring
modification of public improvements may be fulfilled for purposes of recordation by
providing sufficient security for the performance thereof in accordance with the
Subdivision Ordinance of the City of Las Vegas. City Staff is empowered to modify
this application if necessary because of technical concerns or because of other
related review actions as long as current City right-of-way requirements are still
complied with and the intent of the vacation application is not changed. If
applicable, a five foot wide easement for public streetlight and fire hydrant
purposes shall be retained on all vacation actions abutting public street corridors
that will remain dedicated and available for public use. Also, if applicable and
where needed, public easement corridors and sight visibility or other easements
that would/should cross any right-of-way being vacated must be retained.

NE

VAR-67706, SUP-67486, SUP-67487, SDR-67484 [PRJ-67402] and VAC-67470,


TMP-67469 [PRJ-67468]
Conditions Page Four
December 13, 2016 - Planning Commission Meeting

6.

Reservation of easements for the facilities of the various utility companies together
with reasonable ingress thereto and egress there from shall be provided if
required.

7.

All development shall be in conformance with code requirements and design


standards of all City Departments.

8.

If the Order of Vacation (or Order of Relinquishment of Interest if a Patent


Reservation) is not recorded within one (1) year after approval by the City of Las
Vegas or an Extension of Time is not granted by the Planning Director, then
approval will terminate and a new petition must be submitted.

SDR-67484 CONDITIONS
Planning
1.

The subject sites finished grade shall be reduces between three (3) to six (6) feet
beyond that of the existing natural grade. The developer shall reduce the finished
grade of the site to greatest extent possible to mitigate the commercial
developments visual impact upon adjacent residential properties.

2.

The restaurant with drive through located within the northwestern portion of the
subject site shall conclude business operations at 10 p.m.

3. The hours of operation of the proposed car wash shall be limited to 7 a.m. to 7 p.m. in
the summer (Memorial Day to Labor Day) and 7 a.m. to 6 p.m. in the winter.
4.

The mini-storage facility shall have 24 hour security all year round.

5.

Approval of and conformance to the Conditions of Approval for Variance (VAR67706), Special Use Permit (SUP-67486) and Special Use Permit (SUP-67487)
shall be required, if approved.

6.

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

NE

VAR-67706, SUP-67486, SUP-67487, SDR-67484 [PRJ-67402] and VAC-67470,


TMP-67469 [PRJ-67468]
Conditions Page Five
December 13, 2016 - Planning Commission Meeting

7.

All development shall be in conformance with the site plan date stamped 12/05/16,
landscape plan date stamped 11/28/16, and building elevations date stamped
10/31/16, 11/10/16, and11/28/16 except as amended by conditions herein.

8.

A Waiver from Title 19.08 is hereby approved, to allow a ten-foot landscape buffer
along the south and west property lines where 15 feet is required.

9.

A Waiver from Title 19.08 is hereby approved, to allow the buildings on a corner lot
to not be oriented to the corner and the street fronts where such is required.

10. An Exception from Title 19.08 is hereby approved, to allow seven landscape
islands within the parking lot area where nine is required; and to allow 19 trees
within the parking lot area where 19 are required.
11. The Trash Enclosure and Mechanical Equipment shall be screened in accordance
with Title 19.08.040(E)(4).
12. 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.
13. These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit.
14. A revised site plan shall be submitted to and approved by the Department of
Planning Department, prior to the time application is made for building permit, to
reflect the changes herein: Clearly denote the location of the service window on
the west faade of the building located on the far northwest corner of the subject
site. The Drive through window/station location must provide space in the drive
through lane for stacking of six vehicles, including the vehicle located at the
window/station.
15. 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: four, five-gallon shrubs for every required tree.

NE

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16. 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.
17. 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.
18. All City Code requirements and design standards of all City Departments must be
satisfied, except as modified herein.
Public Works
19. 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.
20. Grant pedestrian access easements for all public sidewalk located outside of the
public right-of-way.
21. 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.
22. 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.
23. Meet with the Fire Protection Engineering Section of the Department of Fire
Services to discuss fire requirements for the proposed use of this facility.
24. 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.
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25. Submit a License Agreement for landscaping and private improvements in the
Deer Springs Way and Hualapai Way 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 License 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 within the public right-of-way at the
applicant's expense pursuant to the terms of the City's License 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 License Agreement. Coordinate
all requirements for the License Agreement with the Land Development Section of
the Department of Building and Safety (229-4836).
26. A Traffic Impact Analysis must be submitted to and approved by the Department of
Public Works prior to the issuance of any building or grading permits, submittal of
any construction drawings or the recordation of a Map subdividing this site,
whichever may occur first. Comply with the recommendations of the approved
Traffic Impact Analysis prior to occupancy of the site. The Traffic Impact Analysis
shall also include a section addressing Standard Drawings #234.1 #234.2 and
#234.3 to determine additional right-of-way requirements for bus turnouts adjacent
to this site, if any; dedicate all areas recommended by the approved Traffic Impact
Analysis. All additional rights of way required by Standard Drawing #201.1 for
exclusive right turn lanes and dual left turn lanes shall be dedicated prior to or
concurrent with the commencement of on site development activities unless
specifically noted as not required in the approved Traffic Impact Analysis. Phased
compliance will be allowed if recommended by the approved Traffic Impact
Analysis. No recommendation of the approved Traffic Impact Analysis, nor
compliance therewith, shall be deemed to modify or eliminate any condition of
approval imposed by the Planning Commission or the City Council on the
development of this site.
27. 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.

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TMP-67469 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 Variance (VAR-67706), Special Use Permit (SUP-67486), Special Use


Permit (SUP-67487), Site Development Plan Review (SDR-67484), and Vacation
(VAC-67470) 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.

The Final Map shall contain a note granting perpetual common access and parking
across the entire subdivision.

6.

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


Subdivision Statutes.
Public Works

7.

A Petition of Vacation, such as VAC-67470, to eliminate U.S. Government Patent


Easements shall record prior to or concurrent with the Final Map for this site.

8.

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.

9.

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

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10. 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."
11. 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
alternatives, and the appropriate note shall appear on the face of the recorded
Final Map:
I.
The on-site sewer system is a common element of the commercial
subdivision which is privately owned and which is maintained in accordance
with the covenants, conditions and restrictions that govern the subdivision.
II. The on-site sewer system is a common element of the commercial
subdivision which is privately owned and which is maintained in accordance
with a joint use agreement applicable to the subdivision.
12. 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."
13. Submit a License Agreement for landscaping and private improvements in the
Deer Springs Way and Hualapai Way 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 License 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 within the public right-of-way at the
applicant's expense pursuant to the terms of the City's License 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 License Agreement. Coordinate
all requirements for the License Agreement with the Land Development Section of
the Department of Building and Safety (229-4836).
14. A Drainage Plan and Technical Drainage Study must be submitted to and
approved by the Department of Public Works prior to the issuance of any building
or grading permits or submittal of any construction drawings, whichever may occur
first. Provide and improve all drainageways recommended in the approved
drainage plan/study. The developer of this site shall be responsible to construct
such neighborhood or local drainage facility improvements as are recommended
by the City of Las Vegas Neighborhood Drainage Studies and approved Drainage
Plan/Study concurrent with development of this site.

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15. Prior to the recordation of the Final Map for this site, all requirements must be
complied with or such future compliance must be guaranteed by an approved
performance security method(s) in accordance with Unified Development Code
sections 19.02.130.C and 19.02.130.E.
16. The approval of all Public Works related improvements shown on this Tentative
Map is in concept only. Specific design and construction details relating to size,
type and/or alignment of improvements, including but not limited to street, sewer
and drainage improvements, shall be resolved prior to approval of the construction
plans by the City. No 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 applicant has proposed a commercial development consisting of a Convenience
Store with Fuel Pumps and a Canopy; a Full Service Car Wash Facility; a General
Retail Store; a Coffee Shop with Drive-Through; a Restaurant with Drive-Through; and a
699-unit Mini-Storage Facility on 5.19 acres at the northeast corner of Deer Springs
Way and Hualapai Way.

ISSUES

A Car Wash, Full Service or Auto Detailing use is only permitted in the C-1 (Limited
Commercial) zoning district with an approved Special Use Permit. Staff recommends
denial.
A Mini-Storage Facility use is only permitted in the C-1 (Limited Commercial) zoning
district with an approved Special Use Permit. Staff recommends denial.
A Variance is required to allow the proposed Mini-Storage Facility to have a 35-foot
setback where 51 feet is required along a portion of the North property line for
Residential Adjacency Standards. Staff recommends denial.
A Waiver is required to allow the car wash bay to face the public right-of-way where
such is not allowed. Staff recommends denial.
A Waiver is required to not orient the proposed buildings to the corner and street
fronts where such is required. Staff recommends denial.
A Waiver is required to allow a 10-foot landscape buffer along the south and west
property line where 15 feet is required. Staff recommends denial.

ANALYSIS & FINDINGS


Convenience Store with Fuel Pumps, Canopy, and Full Service Car Wash:
Proposed for the southwest corner of the subject site is a 3,868 square-foot
Convenience Store with a 4,212 square-foot Fuel Pump Canopy. Adjacent to the
proposed Convenience Store on the north side is a proposed Full Service Car Wash.
Title 19.08 requires service bays not to face the public right-of-way. The positioning of
the Car Wash facility allows the car wash bay to face Hualapai Way. While the applicant
widened the landscape island directly adjacent to the south of the exit of the car wash
bay, it does not screen the car wash bay from Hualapai Way. A more effective solution
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would have been to widen the landscape buffer directly in front of the car wash bay. The
applicant has requested a Waiver to allow the car wash bay to face the public right-ofway; staff does not support this Waiver. In addition, Title 19.08 also requires buildings
on corner lots to be oriented to the corner and street fronts, and should make a strong
tie to the building lines of each street unless the applicant can demonstrate by
substantial and convincing evidence that to do so would be infeasible. The proposed
location of the Convenience Store, Fuel Pump Canopy, and Full Service Car Wash on
the subject site is preferential in nature and the applicant has presented no evidence
that complying with Title 19.08 is infeasible. Staff does not support this Waiver request.
Special Use Permit:
The Car Wash, Full Service or Auto Detailing use is defined as an establishment
that provides for the washing, cleaning, waxing or detailing of passenger
vehicles, either by means of employees or by means of automated or semiautomated methods of cleaning, or by a combination thereof.
The Minimum Special Use Permit Requirements for this use include:
Requirement 1:

Each wash bay shall have a stacking lane that will


accommodate at least 6 cars.
The proposed use meets this requirement as the proposed
stacking lane is able to accommodate six vehicles.

FINDINGS (SUP-67486) Car Wash, Full Service or Auto Detailing


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/or compatible with the existing adjacent residential neighborhood to the north,
and future residential homes to the east. A full service car wash facility produces
noise levels higher than what is typically found in a commercial development that
offers retail and office type land uses only. This excessive noise will be disruptive
to the existing adjacent residences and their inhabitants.

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2.

The subject site is physically suitable for the type and intensity of land use
proposed.
The subject site is directly adjacent to existing residential neighborhoods on the
north side, and the east side of the subject site is planned for future low density
residential. The intense land uses proposed such as a full service car wash and a
storage facility are inappropriate land uses for residential adjacency.

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.
In a study prepared by the Department of Public Works, Traffic Division, if
constructed Deer Springs Way would be at 49 percent capacity and Hualapai Way
would be at 92 percent capacity. Both roadways are adequate in size for the
proposed land uses.

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.
Approving a Special Use Permit application for a Full Service Car Wash on a lot
adjacent to single family residential homes does not support the overall objectives
of the General Plan. The proposed site is not appropriate for such an intense use
as it is directly adjacent to single family residential homes to the north, and future
planned single family residential homes to the east. Approval of this Special Use
permit application would be inconsistent with the objectives of the General Plan.

5.

The use meets all of the applicable conditions per Title 19.12.
The proposed Full Service Car Wash facility does meet the minimum Special Use
Permit requirement by providing a stacking lane for six vehicles.

Coffee Shop with Drive Through, Restaurant with Drive Through, and Retail Store:
As part of the overall development, the applicant has proposed to construct along the
western perimeter adjacent to Hualapai a 3,332 square-foot structure with the intentions
of leasing 1,112 square feet of the structure for a retail store type land use (General
Retail Store, Other Than Listed), and the remaining 2,220 square feet of the structure to
be leased to coffee shop type land use (Restaurant). The Restaurant portion of this
structure will also provide a drive through lane for the customers of the restaurant. Also
along Hualapai Way, in the far northwest corner of the subject site, the applicant has

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proposed to construct another Restaurant with Drive Through. This stand-alone


restaurant will be 2,061 square feet, with no adjacent retail space for lease. Both
restaurants provide a stacking lane capable of accommodating six vehicles as required
by Title 19.12. The restaurant located on the far northwest corner of the subject site
demonstrates six vehicles stacked in the drive through lane, but the service
window/station does not accommodate stacking for six vehicles. A Condition of
Approval has been added to address this conflict by clearly denoting the service
window/station on the west faade of the building.
Both of these structures require a Waiver to not orient the buildings to the street fronts.
The proposed site plan has the drive through lanes oriented to the street fronts. Staff
does not support this request. In addition, staff finds a drive through window located
approximately 90 feet from the rear property line of a single family residential home to
not be harmonious or compatible with the existing residential neighborhood.

Mini-Storage Facility:
Along the east perimeter of the subject site, the applicant has proposed a 93,876
square-foot Storage Facility. The proposed Storage Facility provides 699 leasable
storage units, a reception area with office and public restrooms, and living quarters for
on-site management to reside. The Storage Facility will also offer Rental Trucks.
Special Use Permit
The Mini-Storage Facility use is defined as a facility with enclosed storage
space, divided into separate compartments no larger than 500 square feet in
size, which is provided for use by individuals to store personal items or by
businesses to store materials for operation of a business establishment.
The Minimum Special Use Permit Requirements for this use include:
Requirement 1:

No more than one managers security residence shall be


permitted.
The proposed floor plan demonstrates a one-bedroom,
single-story living quarters located on the first floor of the
facility, adjacent to the office and reception area.

Requirement 2:

All storage shall be within an enclosed building except for


the storage of recreational vehicles, which shall be
completely screened from view from surrounding properties
and abutting streets.
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The proposed use meets this requirement as the proposed


Mini-Storage Facility does not provide outdoor storage.
Requirement 3:

The following activities are prohibited on or from the


premises of a mini-storage facility:
a.
The conducting of a business (other than the ministorage business itself and permitted accessory
uses);
b.
The retail sale of stored items;
c.
The commercial repair of motor vehicles, boats,
trailers
and other like vehicles;
d.
The operation of spray-painting equipment, power
tools, welding equipment or other similar equipment;
e.
The production, fabrication or assembly of products.
The proposed use meets this requirement as none of these
activities have been proposed, and the proposed MiniStorage Facility will be subject to regular business license
inspections.

Requirement 4:

The rental of single unit trucks and small utility trailers shall
be permitted as an accessory use to a mini-storage facility,
provided the business is conducted out of the same office as
that of the mini-storage facility. No trucks or trailers shall be
displayed in public view, and the combined total of all trucks
and trailers stored on site shall not exceed a ratio of 2 trucks
or trailers for each 100 storage units.
The applicant has proposed to provide five vehicles available
for rent. The rental of these vehicles will occur out of the
same office as the storage units, and are not displayed in
public view.

Requirement 5:

Truck and trailer storage shall be screened from streets and


adjacent properties.
The five vehicles available for rent are proposed to be
parked along the eastern perimeter of the subject site behind
the security gate for the proposed Storage Facility. The
rental trucks are screened from the street and the adjacent
residential property by landscaping on both the south and
east sides of the rental truck parking, as well as a solid sixfoot screen wall.
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Requirement 6:

When adjacent to a residential use, the exterior wall of the


mini-storage shall be constructed of decorative block.
The applicant has proposed decorative split face CMU
(Concrete Masonry Unit), for the facades of the Mini-Storage
Facility meeting this requirement.

FINDINGS (SUP-67487) Mini-Storage Facility


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/or compatible with the existing adjacent residential neighborhood to the north.
The proposed Mini-Storage Facility requires a Variance to allow the two-story
structure to be 35 feet away from the property line of the existing residential
homes to the north. 35 feet does not provide these existing residences enough of
a buffer from the noise, lighting, and traffic normally associated with a MiniStorage Facility. The proposed land use is not capable of being conducted in a
manner that is harmonious and/or compatible with the existing surrounding
residential land uses.

2.

The subject site is physically suitable for the type and intensity of land use
proposed.
The subject site is adjacent to existing single family residential homes to the north,
and planned single family residential homes to the east. The applicant has
proposed to construct the 93,876 square-foot Mini-Storage Facility directly
adjacent to the future residential development on the east and the existing single
family residential homes on the north. The proposed storage facility does not meet
the minimum setback requirements for Residential Adjacency along the north
perimeter. Residential Adjacency Standards require the proposed facility to be
located 51 feet away from the north property line. The applicant has only provided
a 35-foot setback. While the applicant has proposed to reduce the grade of the
subject site, a reduction in the grade level does not minimize the direct effect of a
storage facility 35 feet away from a residential home. The existing residents to the
north will be subject to noise, traffic, trash, and lighting invading their residential

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properties. The subject site is not suitable for the type and intensity of the land
use proposed.
3.

Street or highway facilities providing access to the property are or will be


adequate in size to meet the requirements of the proposed use.
In a study prepared by the Department of Public Works, Traffic Division, if
constructed Deer Springs Way would be at 49 percent capacity and Hualapai Way
would be at 92 percent capacity. Both roadways are adequate in size for the
proposed land uses.

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.
Approving a Special Use Permit that allows a concentrated and intense land use
in a two-story structure that is not able to meet the minimum Residential
Adjacency Setback standards does not support the overall objectives of the
General plan. The proposed land use and structure are inconsistent with the
overall objectives of the General Plan and are not compatible with the immediate
surrounding area.

5.

The use meets all of the applicable conditions per Title 19.12.
The proposed Mini-Storage Facility has met the minimum Special Use Permit
requirements set forth by Title 19.12.

Variance (VAR-67706)
The applicant has requested a Variance from the minimum Residential Adjacency
Standards to allow a 35-foot, 10-inch setback along the north property line where a 50foot, 10-inch setback is the minimum required for a 16-foot, 10-inch tall structure (MiniStorage Facility). Staff finds the proposed two-story Mini-Storage Facility to not be a
harmonious or compatible use to be located adjacent to existing and future single family
homes. Proposing to locate the Mini-Storage Facility 35 feet from the property line
intensifies the already intense land use and does not support the overall general welfare
of the existing residents as required by the General Plan. Staff finds the applicant has
proposed to overdevelop the subject site as evidenced by the need for this Residential
Adjacency Setback Variance and does not support this request.

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Request to Vacate (VAC-67470):


Staff has no objection to the vacation application request to relinquish the City's
interests in U.S. Government Patent Reservations generally located at the northeast
corner of Deer Springs Way and Hualapai Way. This Vacation request should be sent
to all the utilities however, as no right of way is proposed to be vacated, and thus no
franchise rights are involved, it is not necessary to wait for responses from any of the
public utilities or other parties interested in preserving a right in this patent easement.
Since only City interests are involved; any utility company's interests will need to be
addressed with each respective utility company and will not be affected by the City
relinquishing its interest.
Tentative Map (TMP-67469):
Staff notes that elevations for the north/south and east/west cross sections are shown
with this Tentative Map submittal but no retaining walls are proposed. The north/south
cross section shows an average slope of less than 2% while the east/west cross section
shows an average slope greater than 2%.
Landscaping:
In an effort to reduce the noise and lighting impact on the adjacent residential properties
to the north and south of the subject site, the applicant has proposed to plant trees
every 10 feet on-center instead of 20 feet on-center as required by Title 19.08. Staff
raised concern of the ability for a tree that has the potential to have a 15 to 30-foot tree
canopy to not only thrive, but survive if planted only ten feet apart. On the advice of
staff, the applicant agreed to propose Texas Mountain Laurel (Sophora Secundiflora)
trees along the north and east property lines. The Texas Mountain Laurel tree can each
heights up to 35 feet, and has a ten-foot canopy. This allows for the tree to reach
maximum size without overcrowding. The Texas Mountain Laurel tree also tolerates full
to partial sun and has a high heat tolerance.
In order to accommodate right-of-way requirements set forth by the Department of
Public Works, the applicant has requested a Waiver to allow a 10-foot landscape buffer
along the south and west property lines where 15 feet is required when adjacent to
public right-of-way. The overall site has been overdeveloped and is capable of being
designed in accordance with all development requirements set forth by Title 19.08, and
staff does not support this Waiver request.
Complete Streets:
As stated by Title 19.04.010, all proposed development shall be designed in a manner
that provides for and facilitates the logical overall design, placement and continuity of
streets with respect to adjacent land parcels, and in accordance with this Title, the Citys
Master Plan of Streets and Highways and LVMC Title 13. Additionally, Where a
proposed development is adjacent to existing improvements, the Director of Public

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Works shall determine the extent to which it is appropriate to implement the standards
outlined in this Chapter and approve, if necessary, designs for the transition from
existing improvements to those that meet the standards of this Chapter.
The proposed development is directly adjacent to existing improvements on Hualapai
Way, with improvements in existence approximately 675 feet east of the subject site on
Deer Springs Way. The Department of Public Works has Waived the requirements set
forth by Title 19.04 for Complete Streets, and has determined a continuation of the
existing improvements to be required for this proposed development on the northeast
corner of Deer Springs Way and Hualapai Way.
Traffic:
In a report prepared by the Department of Public Works Traffic Division, it was
estimated that the proposed project would add approximately 4,852 trips per day on
Deer Springs Way and Hualapai Way. Deer Springs Way is estimated to be at
approximately 17 percent of capacity, with Hualapai Way estimated at approximately is
77 percent of capacity. Once the proposed project is completed, Deer Springs Way
would be at approximately 49 percent of capacity, with Hualapai Way estimated to be at
approximately 92 percent of capacity.
Based on Peak Hour use, this development will add into the area roughly 397 additional
vehicles, or about thirteen vehicles every two minutes.

FINDINGS (SDR-67484)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E)
the Planning Commission and/or City Council must affirm the following:
1.

The proposed development is compatible with adjacent development and


development in the area;
The proposed development is not compatible with the existing single family
homes located directly north of the subject site. In addition, the vacant lot located
east of the subject is planned for more detached single family homes. The land
uses proposed are too intense for Residential Adjacency, and the site is
overdeveloped as evidenced by the Variance and Waiver requests.

2.

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;

NE

VAR-67706, SUP-67486, SUP-67487, SDR-67484 [PRJ-67402] and VAC-67470,


TMP-67469 [PRJ-67468]
Staff Report Page Ten
December 13, 2016 - Planning Commission Meeting

The proposed development is not consistent with Title 19 requirements for


Residential Adjacency and Landscape Buffer requirements. Additionally, in order
to meet parking requirements set forth by Title 19.12, the applicant has requested
an Exception to allow a reduction in the required amount of parking lot islands and
required parking lot trees.
3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
Site access is provided by a single driveway off of Deer Springs Way, and two
driveways off of Hualapai Way. In a study prepared by the Department of Public
Works, Traffic Division, if constructed Deer Springs Way would be at 49 percent
capacity and Hualapai Way would be at 92 percent capacity. Both roadways are
adequate in size for the proposed development and will not be negatively
impacted by the proposed development.

4.

Building and landscape materials are appropriate for the area and for the
City;
The building materials include decorative split face CMU (Concrete Masonry Unit)
for the Mini-Storage Facility, and fiber cement board and stucco for the remaining
structures on the site. Building accents include brick veneer, metal paneling and
awnings, and stone cladding. Landscape materials include Blue Palo Verde and
Chilean Mesquite trees with Trailing Lantana and Golden Sage as accent
shrubbery. Both the building and landscape materials proposed 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 proposed building elevations and design characteristics are not unsightly or
undesirable, but are not harmonious and/or compatible with the existing
residential development in the area. The proposed Mini-Storage requires a
Variance from the minimum Residential Adjacency Standards, and a Waiver is
required to reduce the landscape buffers adjacent to the public right-of-way from
15 feet to ten feet which reduces the effect of an aesthetically pleasing
environment. The proposed development is concentrated onto the subject five
acre site, and is too intense for the surrounding residential development.

NE

VAR-67706, SUP-67486, SUP-67487, SDR-67484 [PRJ-67402] and VAC-67470,


TMP-67469 [PRJ-67468]
Staff Report Page Eleven
December 13, 2016 - Planning Commission Meeting

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.

Staff finds the applicant has proposed to overdevelop the subject site with land uses
that are too intense for the subject site as evidenced by the need for a Residential
Adjacency Variance, a Waiver to allow for a reduction in the required landscape buffers
along the south and west perimeter, and Exceptions to allow for a reduced number of
parking lot islands and trees. The site is simply not large enough to accommodate the
structures and land uses the applicant has proposed in accordance with Title 19. The
proposed development does not support the overall goals set forth by the General Plan,
and would directly and negatively affect the adjacent single family homes to the north of
the subject site. For these reasons, staff is recommending denial of all associated
applications.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
Code Enforcement processed a complaint (#117692) for an
07/30/12
abandoned 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
06/13/13
on the 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
06/18/13
and Hualapai Way. Complainant wants to make sure the food truck
remains within the County limits. The case was resolved on 08/12/13.
The City Council approved a request for a Petition to Annex 5.39 acres
01/20/16
on the northeast corner of Deer Springs Way and Hualapai Way.
The applicant revised an application for a General Plan Amendment
(GPA-64884) from GC (General Commercial) to SC (Service
Commercial) on 5.19 acres at the northeast corner of Deer Springs
Way and Hualapai Way.
10/19/16
The applicant revised an application for a Rezoning (ZON-64885) from
C-2 (General Commercial) to C-1 (Limited Commercial) on 5.19 acres
at the northeast corner of Deer Springs Way and Hualapai Way.

NE

VAR-67706, SUP-67486, SUP-67487, SDR-67484 [PRJ-67402] and VAC-67470,


TMP-67469 [PRJ-67468]
Staff Report Page Twelve
December 13, 2016 - Planning Commission Meeting

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


The applicant withdrew without prejudice an application for a Variance
(VAR-64887) 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.
The applicant withdrew without prejudice an application for a Site
Development Plan Review (SDR-64886) for a proposed 3,668 squarefoot 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 square-foot Restaurant with DriveThrough with a Waiver to allow a stacking lane for five vehicles where
six vehicles is required, a 2,061 square-foot Restaurant with DriveThrough, 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.
The City Council approved a request for a General Plan Amendment
(GPA-64884) from R (Rural Density Residential) to SC (Service
Commercial) on 5.19 acres at the northeast corner of Deer Springs
Way and Hualapai Way. The Planning Commission recommended
approval, staff recommended denial.
10/19/16
The City Council approved a request for a Rezoning (ZON-64885)
from R-E (Residence Estates) to C-1 (Limited Commercial) on 5.19
acres at the northeast corner of Deer Springs Way and Hualapai Way.
The
Planning
Commission
recommended
approval,
staff
recommended denial.

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.

NE

VAR-67706, SUP-67486, SUP-67487, SDR-67484 [PRJ-67402] and VAC-67470,


TMP-67469 [PRJ-67468]
Staff Report Page Thirteen
December 13, 2016 - Planning Commission Meeting

Pre-Application Meeting
Staff conducted a pre-application conference where the submittal
10/27/16
requirements for a Vacation and Tentative Map application were
discussed.

Neighborhood Meeting
A neighborhood meeting was not required, nor was one held for these revised
applications.

Field Check
11/03/16

Staff conducted a routine field check where the vacant, undeveloped


lot was observed.

Details of Application Request


Site Area
Net Acres
5.30

Surrounding
Property

Existing Land
Use Per Title
19.12

Subject
Property

Undeveloped

North

Single Family,
Detached

South

Undeveloped

East

Undeveloped

West

Multi-Family
Residential

Planned or Special
Land Use
Designation
SC (Service
Commercial)
L (Low Density
Residential)
PCD (Planned
Community
Development)
RL [(Residential Low)
Rural Neighborhood
Preservation I] Clark
County
PCD (Planned
Community
Development)

Existing Zoning
District
C-1 (Limited
Commercial)
R-1 (Single Family
Residential)
PD (Planned
Development)
R-E [Rural Estates
Residential (2 Units per
Acre)] Clark County
PD (Planned
Development)

NE

VAR-67706, SUP-67486, SUP-67487, SDR-67484 [PRJ-67402] and VAC-67470,


TMP-67469 [PRJ-67468]
Staff Report Page Fourteen
December 13, 2016 - Planning Commission Meeting

Master Plan Areas


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

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

DEVELOPMENT STANDARDS
Pursuant to Title 19.08, the following standards apply for the proposed C-2 (General
Commercial) Zone:
Standard
Required/Allowed
Provided
Compliance
Min. Lot Width
100 Feet
+/- 300 Feet
Y
Min. Setbacks
Front
Side
Corner
Rear
Max. Building Height
(Residential Adjacency)
North Perimeter
East Perimeter
First Floor
Second Floor

10 Feet
10 Feet
10 Feet
20 Feet

72 Feet
45 Feet
29 Feet
35 Feet

Y
Y
Y
Y

15 Feet

17 Feet

N*

15 Feet
12 ft. 9.5 in.
Y
22 ft. 2 in.
21 ft. 9.5 in.
Y
Screened, Gated,
Screened, Gated, w/ a
Trash Enclosure
By Condition
w/ a Roof or Trellis
Roof or Trellis
Mech. Equipment
Screened
Screened
By Condition
*The proposed Mini-Storage Facility does not meet the Residential Adjacency
Standards and a Variance has been requested to allow a 35-foot rear setback where 51
feet is required.

NE

VAR-67706, SUP-67486, SUP-67487, SDR-67484 [PRJ-67402] and VAC-67470,


TMP-67469 [PRJ-67468]
Staff Report Page Fifeen
December 13, 2016 - Planning Commission Meeting

Residential Adjacency Standards:


Required
Provided
Compliance
3:1 proximity slope East Property Line
65 Feet
65 Feet
Y
3:1 proximity slope North Property Line
51 Feet
35 Feet
N*
Trash Enclosure
50 Feet
50 Feet
Y
*The proposed Mini-Storage Facility does not meet the Residential Adjacency
Standards along the northern property line and a Variance has been requested to allow
the reduced setback.

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
15 Trees
29 Trees
Y
South
1 Tree / 20 Linear Feet
13 Trees
17 Trees
Y
East
1 Tree / 20 Linear Feet
31 Trees
61 Trees
Y
West
1 Tree / 20 Linear Feet
30 Trees
38 Trees
Y
TOTAL PERIMETER TREES
89 Trees
145 Trees
Y
1 Tree / 6 Uncovered
Parking Area
Spaces, plus 1 tree at the
23 Trees
19 Trees
N*
Trees
end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
8 Feet
8 Feet
Y
South
15 Feet
10 Feet
N**
East
8 Feet
8 Feet
Y
West
15 Feet
10 Feet
N**
Wall Height
6 to 8 Feet Adjacent to Residential
6 Feet
Y
*The applicant has requested an Exception to allow 19 trees within the parking lot area
where 23 are required.
**The applicant has requested a Waiver to allow a ten-foot landscape buffer along the
south and west property line where 15 feet is required when adjacent to public right-ofway.

NE

VAR-67706, SUP-67486, SUP-67487, SDR-67484 [PRJ-67402] and VAC-67470,


TMP-67469 [PRJ-67468]
Staff Report Page Sixteen
December 13, 2016 - Planning Commission Meeting

Functional
Classification of
Street(s)

Street Name

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)

Complian
ce with
Street
Section

40

80

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross
Required
Provided
Compliance
Floor
Parking
Parking
Use
Area or
Parking
HandiHandiNumber
Ratio
Regular
Regular
capped
capped
of Units
1:50
Public
10
Restaurant
Seating/
with Drive2,061 SF
Waiting
Through
1:200
8
Remaining

Restaurant
with DriveThrough

2,220 SF

1:50
Public
Seating/
Waiting

28

1:200
Remaining

Car Wash,
2,300 SF
1:150
Full Service
Mini1:50 Units
Storage
699 Units
Plus 5
Facility
General
Retail Store,
4,990 SF
1:175
Other Than
Listed
TOTAL SPACES REQUIRED
Regular and Handicap Spaces
Required

16
19

29
115
110

115
5

110

Y
Y

NE

VAR-67706, SUP-67486, SUP-67487, SDR-67484 [PRJ-67402] and VAC-67470,


TMP-67469 [PRJ-67468]
Staff Report Page Seventeen
December 13, 2016 - Planning Commission Meeting

Waivers
Requirement

Request

Staff
Recommendation

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.

To allow a wash bay to face the


public right-of-way.

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

The minimum landscape


buffer zone depth adjacent to
right-of-way is 15 feet.

To provide a 10-foot wide


landscape buffer adjacent to Deer
Springs Way and Hualapai Way.

Denial

Exceptions
Requirement

One Landscape Island for


Every Six Parking Spaces
Provide parking lot trees
within the landscape islands
and at the end of each row of
parking spaces.

Request
To provide seven landscape
islands throughout the parking lot
where nine landscape islands
would be required.
To provide 19 parking lot trees
within the landscape islands and
at the end of each row of parking
spaces where 23 are required.

Staff
Recommendation
Denial

Denial

NE

VAR-67706

VAR-67706

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484 and TMP-67469 - REVISED

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484 and TMP-67469 - REVISED

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484 and TMP-67469 - REVISED

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484 and TMP-67469 - REVISED

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484 AND TMP-67469 - REVISED

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484 AND TMP-67469 - REVISED

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484 and TMP-67469

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484 and TMP-67469 - REVISED

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484 and TMP-67469

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484 and TMP-67469

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484 and TMP-67469

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484 and TMP-67469

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484 and TMP-67469

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484 and TMP-67469

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484 and TMP-67469

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484 and TMP-67469

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484 and TMP-67469

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484 and TMP-67469

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484 and TMP-67469 - REVISED

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484 and TMP-67469

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484 and TMP-67469

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484 and TMP-67469

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484 and TMP-67469

VAR-67706 [PRJ-67402] VARIANCE REALTED TO SUP-67486, SUP-67487, VAC-67470, SDR-67484


AND TMP-67469 - APPLICANT/OWNER: 7470, LLC
NORTHEAST CORNER OF DEER SPRINGS WAY AND HUALAPAI WAY
11/03/2016

VAR-67706 [PRJ-67402] VARIANCE REALTED TO SUP-67486, SUP-67487, VAC-67470, SDR-67484


AND TMP-67469 - APPLICANT/OWNER: 7470, LLC
NORTHEAST CORNER OF DEER SPRINGS WAY AND HUALAPAI WAY
11/03/2016

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484


and TMP-67469

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484


and TMP-67469

VAR-67706, SUP-67486, SUP-67487, VAC-67470, SDR-67484


and TMP-67469

Agenda Item No.: 39.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-67486 - SPECIAL USE PERMIT RELATED TO VAR-67706 - PUBLIC HEARING APPLICANT/OWNER: 7470, LLC - For possible action on a request for a Special Use Permit
FOR A PROPOSED CAR WASH, FULL SERVICE OR AUTO DETAILING at the northeast
corner of Deer Springs Way and Hualapai Way (APN 125-19-202-006), C-1 (Limited
Commercial) Zone, Ward 6 (Ross) [PRJ-67402]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

SUP-67486

SUP-67486

Agenda Item No.: 40.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-67487 - SPECIAL USE PERMIT RELATED TO VAR-67706 AND SUP-67486 - PUBLIC
HEARING - APPLICANT/OWNER: 7470, LLC - For possible action on a request for a Special
Use Permit FOR A PROPOSED MINI-STORAGE FACILITY at the northeast corner of Deer
Springs Way and Hualapai Way (APN 125-19-202-006), C-1 (Limited Commercial) Zone, Ward
6 (Ross) [PRJ-67402]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest Comment for SUP-67487 [PRJ-67402] and Protest Postcards for SUP-67487 and
SDR-67484 [PRJ-67402]

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-67487

SUP-67487

Agenda Item No.: 41.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAC-67470 - VACATION RELATED TO VAR-67706, SUP-67486 AND SUP-67487 PUBLIC HEARING - APPLICANT/ OWNER: 7470, LLC - For possible action on a request for
a Petition to Vacate U.S. Government Patent Easements on property located at the northeast
corner of Hualapai Way and Deer Springs Way (APN 125-19-202-006), Ward 6 (Ross) [PRJ67468]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation

Consistent with the Citys


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

VAC-67470

VAC-67470

VAC-67470

Agenda Item No.: 42.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SDR-67484 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-67706, SUP67486, SUP-67487 AND VAC-67470 - PUBLIC HEARING - APPLICANT/OWNER: 7470,
LLC - For possible action on a request for a Site Development Plan Review FOR A PROPOSED
3,868 SQUARE-FOOT GENERAL RETAIL STORE, OTHER THAN LISTED
[CONVENIENCE STORE] WITH FUEL PUMPS AND A 4,212 SQUARE-FOOT CANOPY;
A 1,112 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 SQUARE-FOOT RESTAURANT WITH DRIVE-THROUGH; A 2,061
SQUARE-FOOT RESTAURANT WITH DRIVE THROUGH; AND A 699-UNIT, 93,876
SQUARE-FOOT MINI-STORAGE FACILITY WITH A WAIVER TO NOT ORIENT THE
BUILDINGS TO THE CORNER AND STREET FRONTS WHERE SUCH IS REQUIRED;
AND A WAIVER TO ALLOW A 10-FOOT LANDSCAPE BUFFER ALONG THE SOUTH
AND WEST PERIMETER WHERE 15 FEET IS REQUIRED on 5.30 acres at the northeast
corner of Deer Springs Way and Hualapai Way (APN 125-19-202-006), C-1 (Limited
Commercial) Zone, Ward 6 (Ross) [PRJ-67402]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

SDR-67484

SDR-67484

Agenda Item No.: 43.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
TMP-67469 - TENTATIVE MAP RELATED TO VAR-67706, SUP-67486, SUP-67487, VAC67470 AND SDR-67484 - DEER SPRINGS AND HUALAPAI - PUBLIC HEARING APPLICANT/ OWNER: 7470, LLC - For possible action on a request for a Tentative Map FOR
A PROPOSED ONE-LOT COMMERCIAL SUBDIVISION on 5.49 acres at the northeast
corner of Hualapai Way and Deer Springs Way (APN 125-19-202-006) C-1 (Limited
Commercial) Zone, Ward 6 (Ross) [PRJ-67468]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 7 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
4. Protest Postcards and Support Comment

TMP-67469

TMP-67469 - REVISED

bA

A77A

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TMP-67469 - REVISED

TMP-67469 - REVISED

Agenda Item No.: 44.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-67735 - VARIANCE - PUBLIC HEARING - APPLICANT: NEVADA H&C
DISTILLERY - OWNER: CITY PARKWAY V, INC - For possible action on a request for a
Variance TO ALLOW AN UNPAVED PARKING LOT WHERE A PAVED PARKING LOT
IS REQUIRED on 3.11 acres at the terminus of Mesquite Avenue, approximately 880 feet east
of City Parkway (APN 139-27-401-035), M (Industrial) Zone, Ward 5 (Barlow) [PRJ-67417].
Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-67735 and SDR-67419 [PRJ-67417]
2. Conditions and Staff Report - VAR-67735 and SDR-67419 [PRJ-67417]
3. Supporting Documentation - VAR-67735 and SDR-67419 [PRJ-67417]
4. Photo(s) - VAR-67735 and SDR-67419 [PRJ-67417]
5. Justification Letter - VAR-67735 and SDR-67419 [PRJ-67417]

VAR-67735 and SDR-67419 [PRJ-67417]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: NEVADA H&C DISTILLERY - OWNER: CITY
PARKWAY V, INC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

VAR-67735

Staff recommends DENIAL, if approved subject to


conditions:

SDR-67419

Staff recommends DENIAL, if approved subject to


conditions:

REQUIRED FOR
APPROVAL

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

57

APPROVALS

PROTESTS

26

FS

VAR-67735 and SDR-67419 [PRJ-67417]


Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-67735 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Site Development


Plan Review (SDR-67419).

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.

All unpaved parking areas shall meet applicable Clark County Department of Air
Quality and Environmental Management regulations for Unpaved Parking Lots
and Storage Areas to prevent fugitive dust.

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.

SDR-67419 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Variance (VAR67735) 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.

FS

VAR-67735 and SDR-67419 [PRJ-67417]


Conditions Page Two
December 13, 2016 - Planning Commission Meeting

3.

All development shall be in conformance with the site plan and landscape plan
date stamped 11/17/16, and building elevations, date stamped 10/31/16, except as
amended by conditions herein.

4.

A Waiver from Title 19.08 is hereby approved, to allow zero perimeter landscape
buffer area along portions of the north and south property lines and to allow 10
perimeter trees where 45 are required.

5.

An Exception from 19.08 is hereby approved, to allow zero parking lot landscape
islands and zero parking lot trees where one is required for every six spaces.

6.

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

7.

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

8.

All unpaved parking areas shall meet applicable Clark County Department of Air
Quality and Environmental Management regulations for Unpaved Parking Lots
and Storage Areas to prevent fugitive dust.

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. Obtain an Occupancy Permit from the Nevada Department of Transportation
(NDOT) for all driveways or other private improvements (gated entry), if any, in the
Mesquite Avenue public right-of-way adjacent to this site prior to constructing any
improvements within NDOT jurisdiction. Geometric and construction requirements
for the Mesquite Avenue termination shall be coordinated with and meet the
approval of NDOT.

FS

VAR-67735 and SDR-67419 [PRJ-67417]


Conditions Page Three
December 13, 2016 - Planning Commission Meeting

13. 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.
14. A Drainage Plan and Technical Drainage Study must be submitted to and
approved by the Department of Public Works prior to the issuance of any building
or grading permits or submittal of any construction drawings, whichever may occur
first. Provide and improve all drainageways recommended in the approved
drainage plan/study. The developer of this site shall be responsible to construct
such neighborhood or local drainage facility improvements as are recommended
by the City of Las Vegas Neighborhood Drainage Studies and approved Drainage
Plan/Study concurrent with development of this site.

FS

VAR-67735 and SDR-67419 [PRJ-67417]


Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The request is for a Manufacturing, Heavy facility for the manufacture, storage and
distribution of distilled spirits located at the terminus of Mesquite Avenue, approximately
880 feet east of City Parkway. The site will be constructed in phases, and it is
anticipated that other onsite uses will include retail, office, exhibit space, and a banquet
facility.

ISSUES

The applicant has requested a Variance to allow an unpaved parking lot where Title
19.08 requires that all parking areas be paved. Staff recommends denial of the
request.
The subject site will be constructed in three phases, with the development in the first
two phases used primarily for the distillery operation. The proposed retail, office,
exhibit space, and banquet facility uses will be added with the third phase. Staff
recommends denial of the Site Development Plan review request; however, if the
parking areas were paved, staff would have recommend approval of the request.
The subject site is bisected by a Union Pacific railroad spur immediately to the north
of the proposed development. The eastern property line of the site abuts the
primary Union Pacific rail line.
Perimeter landscape waivers to allow a reduction of perimeter landscaping has been
requested and staff recommends approval due to the industrial nature of the area.

ANALYSIS
The subject site is located on an M (Industrial) zoned parcel and is located within the
City of Las Vegas Redevelopment area. The site is currently undeveloped and the site
is bisected by a Union Pacific railroad spur line. The spur effectively separates the
proposed improvements with the northern half of the site adjacent to Bonanza Road.
Site access is provided via a drive from Mesquite Avenue, and a portion of the site
extends south under the US 95 freeway.
The site will consist of four buildings which will be constructed in three phases. The
improvements associated with the first two phases will be used primary for the storage,
manufacture and distribution of distilled spirits, and the final phase will consist of areas
to be used for retail, exhibit areas, office space, and special events.
FS

VAR-67735 and SDR-67419 [PRJ-67417]


Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

Building A will be constructed with the first phase and consists of 4,650 square feet of
warehouse space. Also included with the first phase will be an entryway feature, the
front perimeter landscape buffer, a fire lane, three permanent parking spaces, three
temporary parking spaces, and a loading zone.
The elevations depict Building A as being built from metal siding with a galvanized
finish metal roof. The building is 15 feet tall to the base of the roof, where it pitches to a
height of 25 feet. There is a portion of the roof that rises to 35 feet where it is
anticipated that a sign will be installed. The proposed gated entryway feature consists
of a steel trellis arching 14 feet over the entryway drive. The trellis will be attached with
steel pipes rising from a stone base on either side of the drive. The entryway will be
gated.
The second phase will consist of Building B along with four additional temporary
parking spaces. The 5,100 square-foot building will consist of 4,800 square feet of
heavy manufacturing space, and 300 square feet of office space. The heavy
manufacturing portion of the building will be used for distillery operations. Additional
interior landscaping will be installed adjacent to buildings A and B during this phase.
Elevations for Building B depict a 30-foot tall building constructed with corrugated
metal and stone veneer accents.
The third and final phase consists of Buildings C, D and the remainder of the onsite
parking and landscaping. Building C has 8,500 square feet of floor area consisting of
2,900 square feet of heavy manufacturing space, 3,600 square feet of exhibit space,
and 800 square feet of office space. Building D is 1,200 square feet and will be used
as a storage area and for restroom facilities. 3,200 square feet of outdoor courtyard
area will be utilized as a banquet facility for weddings and other special events. An
accessory concert stage is located adjacent to building D.
The seven temporary parking spaces installed with phases one and two will be removed
with the third phase, and a 66 space parking lot, including an additional loading zone,
will be added to the site near the rear property line. The parking lot raises the overall
parking count to 69, which meets the minimum required for the proposed onsite uses.
There are 19 proposed compact spaces, which is within the allowable amount of 30
percent of the overall total. An exception has been requested to allow zero parking lot
landscape islands where 12 are required. Due to the industrial nature of the site, and
the fact that portions of the parking lot extend underneath the US 95 overpass, staff
recommends approval of the exception.
Title 19.08.110 states that all parking and vehicle storage areas shall occur on paved
areas. The site plan indicates that handicapped parking spaces and the fire lane will be
paved in accordance with applicable zoning and fire codes. A note regarding the
remainder of the parking area indicates that there will be an alternative design without

FS

VAR-67735 and SDR-67419 [PRJ-67417]


Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

the required surface paving. The Applicant has requested a Variance to allow an
unpaved parking lot for all areas excluding the fire lane and handicapped spaces. Staff
strongly discourages unpaved parking lots and recommends denial of the Variance
request. Unpaved lots generally cannot be striped, which reduces safety due to the lack
of defined parking and travel lanes for the motorists and pedestrians navigating the
parking lot. Unpaved parking areas exacerbate air quality issues, and without dust
control mitigation, unpaved parking lots can contribute to poor regional air quality. A
condition of approval has been added to ensure that the proper air quality measures are
taken through compliance with the Clark County Department of Air Quality and
Environmental Management regulations. Finally, unpaved, unstriped lots make it difficult
to precisely measure onsite parking in order to ensure zoning code compliance.
The landscape plan for the final phase indicates the addition of a number of trees within
the interior of the property, and four perimeter trees along portions of the rear property
line. A four-foot perimeter buffer area planted with shrubs will be installed along
portions of the southern property line. Because the site is zoned M (Industrial) and has
a zero-foot rear-yard building setback, there is no required landscape buffer area along
the rear property line. The applicant is requesting waivers to allow a reduction of
perimeter landscaping to allow a zero-foot perimeter buffer area along the north and
south property lines where eight feet is required, and to allow 10 perimeter trees where
45 are required. The site is located in an industrial zone adjacent to the Union Pacific
railroad, as well as a spur line that essentially divides the parcel in half. The site is also
in close proximity to a US 95 overpass and a towing and impound yard. Due to physical
site constraints and the location of the subject site within an industrial area, it has been
determined that a reduction of perimeter landscaping is justified, and therefore staff
recommends approval of the requested landscape waivers.
The building elevations depict Building C as metal and stucco building with stone
veneer accents. The building has multiple pitched roofs with a maximum roof height of
38 feet. Extending from the roof is a 55-foot architectural feature that is cylindrical in
shape with a coned top. Building D is will be constructed from metal sliding with a
slanted 24-foot tall roof.

FINDINGS (VAR-67735)
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.

FS

VAR-67735 and SDR-67419 [PRJ-67417]


Staff Report Page Four
December 13, 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 choosing to not pave the proposed
parking lot. The request to not pave the parking areas exacerbates air quality issues
and can present a hazard to motorists utilizing the lot. Parking area paving 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-67419)
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 Manufacturing, Heavy use is located within an Industrial zoning
district and is therefore 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 duly-adopted city plans, policies and standards;
The development proposes unpaved parking lots, which is contrary to Title 19.08
parking area design standards. A Variance has been requested to provide relief
from parking area paving requirements. As such, this project is not consistent
with zoning code minimum standards.

FS

VAR-67735 and SDR-67419 [PRJ-67417]


Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
Site access and circulation do not negatively impact adjacent roadways or
neighborhood traffic.

4.

Building and landscape materials are appropriate for the area and for the
City;
The building and landscape materials are appropriate for the area and for 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 building elevations 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.
The site will be subject to city inspections, and therefore will not compromise the
public health, safety or general welfare.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a Special Use Permit (U-238-91) to allow a
05/20/92
14x48 foot Off-Premise Sign (Billboard). The Zoning Board of
Adjustment recommended approval on 10/24/91.
The City Council approved an appeal of a Variance (V-46-92) to allow
a 14x48 foot Off-Premise Sign (Billboard) within 750 feet of another
05/20/92
existing Off-Premise Sign (Billboard). The Zoning Board of Adjustment
recommended denial on 04/28/92.
A Parcel Map (PM-43-00) to consolidate five parcels into three on the
12/27/00
subject site was recorded.
Planning staff administratively approved a Site Development Plan
05/13/08
Review (SDR-27695) to allow a Heavy Machinery Equipment Storage
Lot on the subject property.

FS

VAR-67735 and SDR-67419 [PRJ-67417]


Staff Report Page Six
December 13, 2016 - Planning Commission Meeting

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


The City Council approved a Required Review (RQR-56771) of an
approved Special Use Permit (U-238-91) for an existing Off-Premise
02/18/15
Sign (Billboard). This Required Review is the most recent of 15
previous required reviews for the existing on-site Off-Premise
(Billboard) signs.
A Boundary Line Adjustment (BLA-67564) was submitted for a portion
11/02/16
of the subject site. The Boundary Line Adjustment submittal is
currently under staff technical review.

Most Recent Change of Ownership


03/14/14
A deed was recorded for a change in ownership.

Pre-Application Meeting
General Site Development Plan application submittal requirements
Month/date/year
were discussed.

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

Field Check
11/03/16

A field check was conducted and the site is undeveloped with the
exception of a railroad spur crossing the property and two existing OffPremise Signs (Billboard).

Details of Application Request


Site Area
Net Acres
4.67

Surrounding
Property
Subject
Property

Existing Land
Use Per Title
19.12
Undeveloped, OffPremise Sign
(Billboard)

Planned or Special
Land Use
Designation

Existing Zoning
District

MXU (Mixed Use)

M (Industrial)

FS

VAR-67735 and SDR-67419 [PRJ-67417]


Staff Report Page Seven
December 13, 2016 - Planning Commission Meeting

Surrounding
Property
North
South
East
West

Existing Land
Use Per Title
19.12
Warehouse /
Manufacturing
US 95 / Office
Union Pacific Rail
Road
Warehouse /
Manufacturing

Planned or Special
Land Use
Designation
LI/R (Light
Industry/Research)
N/A / MXU (Mixed
Use)

Existing Zoning
District
M (Industrial)
N/A / PD (Planned
Development)
C-2 (General
Commercial)

C (Commercial)
LI/R (Light
Industry/Research)

M (Industrial)

Master Plan Areas


Downtown North Plan
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

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

DEVELOPMENT STANDARDS
Pursuant to Title 19.08, the following standards apply:
Standard
Required/Allowed
Min. Lot Width
100 Feet
Min. Setbacks
Front
10 Feet
Side
10 Feet
Corner
10 Feet
Rear
0 Feet
Max. Building Height
N/A Feet
Trash Enclosure
Mech. Equipment

Screened, Gated, w/ a
Roof or Trellis
Screened

Provided
746 Feet

Compliance
Y

52 Feet
21 Feet
N/A
60 Feet
55 Feet
Screened,
Gated, w/ a
Roof or
Trellis
Screened

Y
Y
Y
Y
Y
Y
Y

FS

VAR-67735 and SDR-67419 [PRJ-67417]


Staff Report Page Eight
December 13, 2016 - Planning Commission Meeting

Pursuant to Title 19.08, following standards apply:


Landscaping and Open Space Standards
Required
Provided
Standards
Ratio
Trees
Buffer Trees:
North
1 Tree / 30 Linear Feet
South
1 Tree / 30 Linear Feet
East
1 Tree / 30 Linear Feet
West
1 Tree / 20 Linear Feet
TOTAL PERIMETER TREES
1 Tree / 6 Uncovered
Parking Area
Spaces, plus 1 tree at the
Trees
end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
8 Feet
South
8 Feet
East
0 Feet
West
15 Feet

Compliance

23 Trees
15 Trees
0 Trees
7 Trees
45Trees

2 Trees
0 Trees
5 Trees
3 Trees
10 Trees

N
N
Y
N
N

12 Trees

0 Trees

0 Feet
0 Feet
0 Feet
15 Feet

N
N
Y
Y

Street Name

Functional
Classification
of Street(s)

Governing
Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Mesquite
Avenue

Minor Collector

Title 19.04

60

N/A

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Use

Manufacturing
(Heavy)
Warehouse
Retail
Office

Gross Floor
Area or
Number of
Units

Required
Parking
Parking
HandiRatio
Regular
capped

4,650 sf

1:1000 sf

7,700 sf
1,500
800 sf

1:1000 sf
1:175 sf
1:300 sf

8
9
3

Provided
Parking
HandiRegular
capped

Compliance

FS

VAR-67735 and SDR-67419 [PRJ-67417]


Staff Report Page Nine
December 13, 2016 - Planning Commission Meeting

Parking Requirement
Use

Museum, Art
Display, or Art
Sales (Private)
Banquet
Facility

Gross Floor
Area or
Number of
Units

Required
Parking
Parking
HandiRatio
Regular
capped

3,600 sf

1:300 sf

12

3,200 sf

1:100 sf

32

TOTAL SPACES REQUIRED


Regular and Handicap Spaces Required

69
66

Loading
Spaces

21,450 sf

Waivers
Requirement
To allow zero foot perimeter
landscape buffer area along
the north and south property
lines where eight feet is
required.
A total of 45 perimeter trees
(30 feet OC along north and
south property lines and 20
feet OC along the west
property line)

Exceptions
Requirement
One tree within a landscape
island every six parking
spaces

3
2

Request
To allow zero
perimeter landscape
buffer area along
portions of the north
and south property
lines.
To allow 10
perimeter trees
where 45 trees are
required.

Provided
Parking
HandiRegular
capped

69
66

Compliance

Y
Y

3
2

Staff Recommendation

Approval

Approval

Request

Staff Recommendation

Zero parking lot trees

Approval

FS

VAR-67735

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VAR-67735 and SDR-67419

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VAR-67735 and SDR-67419

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VAR-67735 and SDR-67419

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VAR-67735 and SDR-67419

VAR-67735 and SDR-67419

VAR-67735 and SDR-67419

VAR-67735 and SDR-67419

777777777777+7

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VAR-67735 and SDR-67419

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VAR-67735 and SDR-67419

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VAR-67735 and SDR-67419

VAR-67735 [PRJ-67417] VARIANCE RELATED TO SDR-67419 - APPLICANT: NEVADA H&C DISTILLERY


- OWNER: CITY PARKWAY V, INC
AT THE TERMINUS OF MESQUITE AVENUE, EAST OF CITY PARKWAY
11/03/2016

VAR-67735 [PRJ-67417] VARIANCE RELATED TO SDR-67419 - APPLICANT: NEVADA H&C DISTILLERY


- OWNER: CITY PARKWAY V, INC
AT THE TERMINUS OF MESQUITE AVENUE, EAST OF CITY PARKWAY
11/03/2016

VAR-67735 [PRJ-67417] VARIANCE RELATED TO SDR-67419 - APPLICANT: NEVADA H&C DISTILLERY


- OWNER: CITY PARKWAY V, INC
AT THE TERMINUS OF MESQUITE AVENUE, EAST OF CITY PARKWAY
11/03/2016

VAR-67735 [PRJ-67417] VARIANCE RELATED TO SDR-67419 - APPLICANT: NEVADA H&C DISTILLERY


- OWNER: CITY PARKWAY V, INC
AT THE TERMINUS OF MESQUITE AVENUE, EAST OF CITY PARKWAY
11/03/2016

VAR-67735 and SDR-67419

VAR-67735 and SDR-67419

Agenda Item No.: 45.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SDR-67419 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-67735 - PUBLIC
HEARING - APPLICANT: NEVADA H&C DISTILLERY - OWNER: CITY PARKWAY V,
INC - For possible action on a request for a Site Development Plan Review FOR A PROPOSED
4,650 SQUARE-FOOT WAREHOUSE BUILDING, A 5,100 SQUARE-FOOT
MANUFACTURING (HEAVY) AND OFFICE BUILDING, AN 8,500 SQUARE-FOOT
MANUFACTURING (HEAVY), OFFICE, AND RETAIL BUILDING, A 1,200 SQUAREFOOT STORAGE BUILDING, AND A 3,200 SQUARE-FOOT BANQUET FACILITY WITH
AN ANCILLARY CONCERT STAGE WITH WAIVERS OF PERIMETER LANDSCAPE
BUFFER REQUIREMENTS TO ALLOW A ZERO-FOOT WIDE LANDSCAPE BUFFER
ALONG PORTIONS OF THE NORTH AND SOUTH PROPERTY LINES WHERE EIGHT
FEET IS THE MINIMUM REQUIRED on 3.11 acres at the terminus of Mesquite Avenue,
approximately 880 feet east of City Parkway (APN 139-27-401-035), M (Industrial) Zone, Ward
5 (Barlow) [PRJ-67417]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

SDR-67419

SDR-67419

Agenda Item No.: 46.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-66897 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: ERIKA ACOSTA For possible action on a request for a Variance TO ALLOW A FIVE-FOOT SIDE AND REAR
YARD SETBACK WHERE 10 FEET IS REQUIRED FOR A PROPOSED ACCESSORY
STRUCTURE (CLASS II) [CASITA] on 0.50 acres located at 7055 Del Rey Avenue (APN 16303-603-001), R-E (Residence Estates) Zone, Ward 1 (Tarkanian) [PRJ-65226]. Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
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 Postcard

VAR-66897 [PRJ-65226]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: ERIKA ACOSTA

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-66897

RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:

REQUIRED FOR
APPROVAL
N/A

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

101

APPROVALS

PROTESTS

20

RG

VAR-66897 [PRJ-65226]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-66897 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.

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.

RG

VAR-66897 [PRJ-65226]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting a Variance to allow a proposed casita to be located in the
rear yard of a single-family residential lot located at 7055 Del Rey Avenue.

ISSUES

The Variance request is to allow a proposed Accessory Structure (Class II) [Casita]
five feet from the side and rear property line where 10 feet is required in the R-E
(Residence Estates) zoning district. Relocating the structure to 10 feet from side
and rear property line is achievable and no evidence of unique circumstances has
been presented. Staff recommends denial.

ANALYSIS
The property at 7055 Del Rey Avenue is located in an R-E (Residence Estates) zoning
district and is subject to the requirements of Title 19.06 standards. The subject property
contains a single-family residence and is located within the Rural Preservation Overlay
District. The proposed accessory structure will not have an impact on the Rural
Preservation Overlay District.
The proposed accessory structure will be located at the southwest corner of the subject
property with a side and rear yard setback of five feet from the west and south property
lines. The distance between the principal structure and the accessory structure is
greater than six feet as required by code. The proposed structure will serve as a living
space on the subject property. The proposed accessory structures exterior will be
stucco and the color will match the primary dwelling.
The applicant is requesting a Variance to allow a proposed Accessory Structure (Class
II) [Casita] to be five feet from the side and rear property line. Pursuant to Title 19.06 RE (Residence Estates) standards, accessory structure placement must be at least 10
feet from the property line. The subject property is not an irregularly shaped lot and has
sufficient space to accommodate an accessory structure that can meet Title 19
requirements. Unique or extraordinary circumstances have not been presented with
this Variance request; therefore, staff recommends denial. If this application is
approved, it is subject to conditions.

RG

VAR-66897 [PRJ-65226]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

FINDINGS (VAR-66897)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City
Council, in considering the merits of a Variance request, shall not grant a Variance in
order to:
1.
2.
3.

Permit a use in a zoning district in which the use is not allowed;


Vary any minimum spacing requirement between uses;
Relieve a hardship which is solely personal, self-created or financial in nature.

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.
No evidence of a unique or extraordinary circumstance has been presented, in that the
applicant has created a self-imposed hardship by proposing an accessory structure
within the required side and rear yard setbacks. The subject property is not an irregular
shaped lot and has sufficient space to accommodate an accessory structure that can
meet 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 an Annexation (A-0009-85) request with an
03/19/86
effective date of 03/28/86.
A complaint was filed with Code Enforcement (#130175) for parking
06/18/13
vehicles on the lawn and trash and debris. The complaint was resolved
on 07/02/13.

RG

VAR-66897 [PRJ-65226]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

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


The Planning Commission approved a request for a Variance (VAR53621) to allow a five-foot side yard setback where 10 feet is required
06/10/14
for a proposed 390 square-foot addition to an existing 2,788 squarefoot single family dwelling at 7055 Del Rey Avenue. The Department
of Planning staff recommended denial of this request.

Most Recent Change of Ownership


06/01/11
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#B76-4913) was issued for a single-family residence
06/17/76
at 7055 West Del Rey Avenue. The permit was finalized on 11/4/16.
A building permit (#89015852) was issued for retaining walls at 7055
02/28/89
Del Rey Avenue. The permit was finalized on 03/07/89.
A building permit (#897024763) was issued for a room addition at
12/12/97
7055 Del Rey Avenue. The permit was finalized on 05/28/98.
A building permit (#191283) was issued for a room addition and patio
07/13/11
cover at 7055 Del Rey Avenue. The permit has not been finalized.
A building permit (#269846) was issued for a garage addition at 7055
01/12/15
Del Rey Avenue. The permit was finalized on 12/24/15.
A building permit (#318332) was initiated for a plan check review for a
proposed 316 square-foot Accessory Structure (Class II) [Casita] at
05/23/16
7055 Del Rey Avenue. The plan check review was denied by staff
because the proposed setback does not meet minimum requirements
of Title 19.06.

Pre-Application Meeting
A pre-application meeting was conducted with the applicant and
discussed the options of the proposed Accessory Structure (Class II)
06/15/16
[Casita] to be located at the proper setbacks to avoid an application for
a Variance. The applicant insists that they would like to have the
structure to be within five feet from the side and rear property lines.

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

RG

VAR-66897 [PRJ-65226]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

Field Check
11/03/16

A field check was conducted by staff and noted that the subject
property is well maintained.

Details of Application Request


Site Area
Net Acres
0.5

Surrounding
Property
Subject
Property
North
South
East
West

Existing Land
Use Per Title
19.12
Single Family,
Detached
Single Family,
Detached
Utility Installation,
Other Than Listed
Single Family,
Detached
Single Family,
Detached

Planned or Special
Land Use
Designation
DR (Desert Rural
Density Residential)
DR (Desert Rural
Density Residential)
PF (Public Facilities)
DR (Desert Rural
Density Residential)
DR (Desert Rural
Density 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

Existing Zoning
District
R-E (Residence
Estates)
R-E (Residence
Estates)
R-E (Residence
Estates)
R-E (Residence
Estates)
R-E (Residence
Estates)

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

RG

VAR-66897 [PRJ-65226]
Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

DEVELOPMENT STANDARDS
Pursuant to 19.06.060, the following standards apply:
Standard
Required/Allowed
Min. Lot Size
20,000 SF
Min. Lot Width
100 Feet
Accessory Structure Min. Setbacks
Side
10 Feet
Rear
10 Feet
Max. Building Height
35 Feet
*Variance (VAR-66897) has been applied.

Street Name
Del Rey Avenue

Functional
Classification
of Street(s)
Minor streets

Governing
Document
Title 13

Provided
20,908 SF
103 Feet

Compliance
Y
Y

5 Feet
5 Feet
14.5 Feet

N*
N*
Y

Actual
Street Width
(Feet)
60

Compliance
with Street
Section
Y

RG

VAR-66897

VAR-66897

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VAR-66897 [PRJ-65226] - VARIANCE - APPLICANT/OWNER: ERIKA ACOSTA


7055 DEL REY AVENUE
11/03/2016

VAR-66897 [PRJ-65226] - VARIANCE - APPLICANT/OWNER: ERIKA ACOSTA


7055 DEL REY AVENUE
11/03/2016

VAR-66897 [PRJ-65226] - VARIANCE - APPLICANT/OWNER: ERIKA ACOSTA


7055 DEL REY AVENUE
11/03/2016

VAR-66897 [PRJ-65226] - VARIANCE - APPLICANT/OWNER: ERIKA ACOSTA


7055 DEL REY AVENUE
11/03/2016

VAR-66897

Agenda Item No.: 47.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-66964 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: WHETTEN
TRUST - For possible action on a request for a Variance TO ALLOW A FIVE-FOOT SIDE
YARD SETBACK WHERE 10 FEET IS REQUIRED FOR A PROPOSED EXPANSION OF
AN EXISTING ACCESSORY STRUCTURE (CLASS II) [GARAGE] on 0.52 acre at 1830
Terra Vista Way (APN 163-03-304-003), R-E (Residence Estates) Zone, Ward 1 (Tarkanian)
[PRJ-64659]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
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-66964 [PRJ-64659]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: WHETTEN TRUST

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-66964

RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:

REQUIRED FOR
APPROVAL
N/A

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

144

APPROVALS

PROTESTS

22

RG

VAR-66964 [PRJ-64659]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-66964 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.

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.

RG

VAR-66964 [PRJ-64659]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting a Variance to allow an existing garage to be expanded into
the required side yard setback area located at 1830 Terra Vista Way.
ISSUES

The request for Variance is to allow the proposed expansion of an existing


Accessory Structure [Garage] five feet from the side property line where 10 feet is
required in the R-E (Residence Estates) zoning district. Redesigning the garage
expansion to meet the minimum 10-foot setback from the side property line is
achievable and no evidence of unique circumstances has been presented. Staff
recommends denial.

ANALYSIS
The property is located in an R-E (Residence Estates) zoning district and is subject to
the requirements of Title 19.06 standards. The subject property contains a single-family
residence and is located within the Rural Preservation Overlay District. The proposed
expansion of the existing accessory structure will not have an impact on the Rural
Preservation Overlay District.
The existing accessory structure is located at the northwest corner of the subject
property with an existing setback of five feet from the west property line and is a legally
nonconforming structure pursuant to Title 19.14. The existing setback from the north
property line is 17 feet. The proposed expansion will have a side yard setback of five
feet from the north property line. The property is an irregular shaped lot and the
property line to the north is considered a side yard. The proposed structure will serve
as extra space to store vehicles for the applicant on the property. The existing
structures exterior is brick veneer and the proposed addition will utilize the same
building material to match the existing dwelling.
The applicant is requesting a Variance to allow the expansion of an existing Accessory
Structure (Class II) [Garage] to be five feet from the side property line. Pursuant to Title
19.06 R-E (Residence Estates) standards, the accessory structure placement must be
at least 10 feet from the side property line. The subject property has sufficient space to
accommodate an accessory structure that can meet Title 19 requirements. Unique or
extraordinary circumstances have not been presented with this Variance request;
therefore, staff recommends denial of this request. If this application is approved, it is
subject to conditions.
RG

VAR-66964 [PRJ-64659]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

FINDINGS (VAR-66964)
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 the expansion of an
existing accessory structure encroaching within the required side yard setback. The
subject property has sufficient space to accommodate an expansion of the accessory
structure that can meet 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 Annexation (A-0009-85) of
property located on the south side of Charleston Boulevard between
03/28/86
Fort Apache Road and Torrey Pines Drive on 1,470 acres various
APNs and various zoning.
The City Council approved a request for General Plan Amendment
(GPA-0027-98) from R (Rural Density Residential) to DR (Desert Rural
11/23/98
Density Residential) to preserve the low density residential land use
patterns that currently exist and are continuing to develop in the area,
APN multiple parcels.
RG

VAR-66964 [PRJ-64659]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

Most Recent Change of Ownership


09/21/98
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#006234) was issued for single-family residence at
04/10/86
1830 Terra Vista Way. The permit was finalized on 11/07/86.
A building permit (#006743) was issued for an 858 square-foot
04/29/86
detached garage at 1830 Terra Vista Way. The permit was finalized
on 11/07/86.
A building permit (#00763) was issued for pool/spa at 1830 Terra Vista
09/11/86
Way. The permit was finalized on 06/30/87.
A building permit (#003336) was issued for cave/waterfall at 1830
12/15/86
Terra Vista Way. The permit was finalized on 01/07/87.
A building permit (#315010) plan check review was initiated for a
04/06/16
proposed 456 square foot garage expansion at 1830 Terra Vista Way.
The review was denied by planning due to deficiencies on the setback.

Pre-Application Meeting
A pre-application meeting was conducted with the applicant. The
applicant proposes to add on to the existing 858 square-foot detached
05/16/16
garage. An additional 456 square-foot is being proposed and the
addition is within 5 feet from rear property line. The Variance
application submittal requirements were discussed.

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

Field Check
11/03/16

A field check by staff observed that the subject property is well


maintained.

Details of Application Request


Site Area
Gross Acres 0.52

RG

VAR-66964 [PRJ-64659]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

Surrounding
Property
Subject
Property
North
South
East
West

Existing Land
Use Per Title
19.12
Single Family,
Detached

Planned or Special
Land Use
Designation
DR (Desert Rural
Density Residential)

Single Family,
Detached

DR (Desert Rural
Density Residential)

Single Family,
Detached
Single Family,
Detached
Single Family,
Detached

DR (Desert Rural
Density Residential)
DR (Desert Rural
Density Residential)
DR (Desert Rural
Density Residential)

Existing Zoning
District
R-E (Residence
Estates)
R-PD2 (Residential
Planned Development
2 Units per Acre)
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
N
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
20,000 SF
Min. Lot Width
100 Feet
Min. Setbacks for Accessory
Structure
Side
10 Feet
Rear
10 Feet
Min. Distance Between Buildings
6 Feet
Max. Rear Yard Coverage
50%
35 Feet, or 2
stories, whichever
Max. Building Height
is less

Provided
23,087 SF
100 Feet

Compliance
Y
Y

5 Feet
5 Feet
27 Feet
9%

Y*
N**
Y
Y

21 Feet

Y
RG

VAR-66964 [PRJ-64659]
Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

*The existing garage was approved at five (5) feet under building permit (#006743).
**Variance (VAR-66964) has been applied.

Street Name
Terra Vista Way

Functional
Classification
of Street(s)
Private Street

Governing
Document
Title 13

Actual
Street Width
(Feet)
45

Compliance
with Street
Section
Y

RG

VAR-66964

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VAR-66964 - REVISED

 





  

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VAR-66964

VAR-66964

VAR-66964 [PRJ-64659] - VARIANCE - APPLICANT/OWNER: WHETTEN TRUST


1830 TERRA VISTA WAY
11/03/2016

VAR-66964 [PRJ-64659] - VARIANCE - APPLICANT/OWNER: WHETTEN TRUST


1830 TERRA VISTA WAY
11/03/2016

VAR-66964 [PRJ-64659] - VARIANCE - APPLICANT/OWNER: WHETTEN TRUST


1830 TERRA VISTA WAY
11/03/2016

VAR-66964 [PRJ-64659] - VARIANCE - APPLICANT/OWNER: WHETTEN TRUST


1830 TERRA VISTA WAY
11/03/2016

VAR-66964 [PRJ-64659] - VARIANCE - APPLICANT/OWNER: WHETTEN TRUST


1830 TERRA VISTA WAY
11/03/2016

VAR-66964 [PRJ-64659] - VARIANCE - APPLICANT/OWNER: WHETTEN TRUST


1830 TERRA VISTA WAY
11/03/2016

VAR-66964 [PRJ-64659] - VARIANCE - APPLICANT/OWNER: WHETTEN TRUST


1830 TERRA VISTA WAY
11/03/2016

VAR-66964

VAR-66964

Agenda Item No.: 48.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-67420- VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: EMILIO SOTOVELAZQUEZ - For possible action on a request for a Variance TO ALLOW A TWO-FOOT
SIDE YARD SETBACK WHERE 10 FEET IS REQUIRED FOR TWO EXISTING
ACCESSORY STRUCTURES (CLASS II) [SHED AND GARAGE] AND TO ALLOW A
FIVE-FOOT DISTANCE SEPARATION BETWEEN AN ACCESSORY STRUCTURE
(CLASS II) [GARAGE] AND PRIMARY DWELLING WHERE SIX FEET IS REQUIRED on
0.26 acres at 3725 Glen Ridge Way (APN 138-11-610-018), R-D (Single Family ResidentialRestricted) Zone, Ward 5 (Barlow) [PRJ-66340]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
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

VAR-67420 [PRJ-66340]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: EMILIO SOTO-VELAZQUEZ

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-67420

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends DENIAL, if approved subject to


conditions:

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

279

APPROVALS

PROTESTS

19

CS

VAR-67420 [PRJ-66340]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-67420 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.

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.

CS

VAR-67420 [PRJ-66340]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting a Variance to allow an existing shed and garage to be
located in a required setback area, with the garage located too close to the residence at
3725 Glen Ridge Way.

ISSUES

The R-D (Single Family Residential-Restricted) zoning district requires accessory


structures to have a minimum side yard setback of 10 feet and a six-foot minimum
distance separation from the main building on the subject site.
The applicant is proposing to allow two existing accessory structures (Class II) [shed
and garage] with a two-foot side yard setback and an accessory structure (Class II)
[garage] with a five-foot distance separation from the principal dwelling.

ANALYSIS
The existing accessory structures [shed and garage] are located in the rear of the
subject property. Title 19.06 requires that accessory structures be aesthetically
compatible with the principle dwelling unit. Per the submitted justification letter, the
accessory structures will be compatible as they will be painted the same color (ivory) of
the principle dwelling and made of the same stucco material. Title 19.06 also stipulates
that accessory structures not exceed 50 percent of the lot coverage of the rear and side
yard areas. Including the two existing accessory structures, the subject site will fall
under the threshold at 22 percent. The subject site is located within the Rural
Preservation Overlay District. The intent of the Rural Preservation District is to ensure
that the rural character of each rural preservation neighborhood is preserved. The
applicants request will not negatively affect the chief goal of this overlay district.
The Public Works Department has requested that the applicant meet with the Flood
Control Section of the Department of Public Works for assistance with establishing
finished floor elevations and drainage paths for the subject site. A condition of approval
has been added to address this issue. Since this is a self-imposed hardship created by
the owner, staff recommends denial of the request. If approved, the applicant will be
able to keep their two existing accessory structures in their current location.

CS

VAR-67420 [PRJ-66340]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

FINDINGS (VAR-67420)
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 two accessory structures
that dont meet 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.
Code Enforcement issued Complaint #162086 for an unpermitted
01/04/16
structure being constructed. The case is still open.
Most Recent Change of Ownership
11/23/11
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
No related permits on file.

CS

VAR-67420 [PRJ-66340]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

Pre-Application Meeting
Staff conducted a pre-application meeting with the applicant where the
08/18/16
submittal requirements and deadlines were reviewed.

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

Field Check
11/03/16

Staff conducted a routine field check and found the site to be well
maintained.

Details of Application Request


Site Area
Net Acres
0.26

Surrounding
Property
Subject
Property
North
South
East
West

Existing Land
Use Per Title
19.12
Single Family,
Detached
Single Family,
Detached
Single Family,
Detached
Single Family,
Detached
Single Family,
Detached

Planned or Special
Land Use
Designation
DR Desert Rural- up
to 2.49 du/ac
DR Desert Rural- up
to 2.49 du/ac
DR Desert Rural- up
to 2.49 du/ac
DR Desert Rural- up
to 2.49 du/ac
DR Desert Rural- up
to 2.49 du/ac

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
A-O (Airport Overlay) District
Rural Preservation Overlay District

Existing Zoning
District
R-D Single Family
Residential-Restricted
R-D Single Family
Residential-Restricted
R-D Single Family
Residential-Restricted
R-D Single Family
Residential-Restricted
R-D Single Family
Residential-Restricted

Compliance
N/A
Compliance
Y
Y

CS

VAR-67420 [PRJ-66340]
Staff Report Page Four
December 13, 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

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

DEVELOPMENT STANDARDS
Pursuant to Title 19.06.065, the following standards apply:
Standard
Required/Allowed
Provided
Min. Lot Size
10,000 SF
11,326 SF
Min. Lot Width
80 Feet
90 Feet
Min. Setbacks
Side
10 Feet
2 Feet
Rear
10 Feet
12 Feet
Min. Distance From Principal
Dwelling
6 Feet
5 Feet
Max. Lot Coverage of rear and
side yard areas
50%
22%
Max. Building Height
35 Feet
15 Feet

Compliance
Y
Y
N
Y
N
Y
Y

CS

VAR-67420

VAR-67420

VAR-67420

VAR-67420

VAR-67420

VAR-67420

VAR-67420

VAR-67420 [PRJ-66340] - VARIANCE - APPLICANT/OWNER: EMILIO SOTO-VELAZQUEZ


3725 GLEN RIDGE WAY
11/03/2016

VAR-67420 [PRJ-66340] - VARIANCE - APPLICANT/OWNER: EMILIO SOTO-VELAZQUEZ


3725 GLEN RIDGE WAY
11/03/2016

VAR-67420 [PRJ-66340] - VARIANCE - APPLICANT/OWNER: EMILIO SOTO-VELAZQUEZ


3725 GLEN RIDGE WAY
11/03/2016

VAR-67420 [PRJ-66340] - VARIANCE - APPLICANT/OWNER: EMILIO SOTO-VELAZQUEZ


3725 GLEN RIDGE WAY
11/03/2016

7A
777
A7A77

777

7777
77777-77777777777
77777777777777777
777777-7777777777777
77777777777777777
7777777777-7777777
7777777777777
777777777777777
77777

7A

VAR-67420 - REVISED

Agenda Item No.: 49.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-67451 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: JOHN LEE AND
DUREL FAMILY TRUST - For possible action on a request for a Variance TO ALLOW A
FIVE-FOOT REAR YARD SETBACK WHERE 10 FEET IS REQUIRED AND A FIVE-FOOT
DISTANCE SEPARATION FROM THE PRINCIPAL DWELLING WHERE SIX FEET IS
REQUIRED FOR A PROPOSED ACCESSORY STRUCTURE (CLASS II) [DETACHED
PATIO COVER] on 0.62 acres located at 5854 Del Rey Avenue (APN 163-01-102-029), U
(Undeveloped) Zone [L (Low Density Residential) General Plan Designation], Ward 1
(Tarkanian) [PRJ-67438]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
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-67451 [PRJ-67438]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: JOHN LEE AND DUREL FAMILY
TRUST

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-67451

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends DENIAL, if approved subject to


conditions:

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

109

APPROVALS

PROTESTS

16

CS

VAR-67451 [PRJ-67438]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-67451CONDITIONS
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.

CS

VAR-67451 [PRJ-67438]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting a Variance to allow a proposed detached patio cover that
does not meet the minimum rear yard setback and minimum distance separation
requirement from the principal dwelling at 5854 Del Rey Avenue.
ISSUES

The U (Undeveloped) zoning district requires an accessory structure (Class II)


[detached patio cover] to have a minimum rear yard setback of 10 feet and a
minimum distance separation of six feet from the main building on the subject site.
The applicant is proposing a five-foot rear yard setback and a five foot distance
separation from the main building.

ANALYSIS
The applicant has proposed to construct a 252 square-foot accessory structure (Class
II) [detached patio cover] with a rear yard setback of five feet and a five-foot distance
separation from the principal dwelling. The subject site is located within the U
(Undeveloped) zoning district. This district requires a minimum rear yard setback of 10
feet and a minimum six-foot distance separation from the main building. Per Title 19.06,
accessory structures in the Undeveloped Zoning District are not allowed to exceed 50
percent of the rear and side yard areas as it pertains to size and coverage. With the
proposed accessory structure, the applicant will have a rear yard lot coverage of 18
percent. No substantial evidence has been presented to warrant the requested
Variance. Alternatively, the applicant could redesign or rearrange the proposed patio
cover in order to meet Title 19 requirements.
Since this is a self-imposed hardship created by the owner, staff recommends denial of
the request. If approved, the applicant will be able to construct their accessory structure
with a five-foot rear yard setback and a five-foot distance separation from the principal
dwelling.

FINDINGS (VAR-67451)
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:
CS

VAR-67451 [PRJ-67438]
Staff Report Page Two
December 13, 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 proposing to construct an accessory
structure that does not meet Title 19 setback 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.
Board of Zoning Adjustment approved a Variance (H99906247) to
04/28/92
allow a proposed single-family dwelling 32 feet from the rear property
line where 37 feet is the minimum setback required.

Most Recent Change of Ownership


02/22/12
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A Building Permit (#144421) was issued for an accessory structure
08/06/09
(Class II) [Detached Garage]. The permit was finalized on 06/21/10.

CS

VAR-67451 [PRJ-67438]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
09/12/16
requirements and deadlines were discussed.
Neighborhood Meeting
11/03/16
A neighborhood meeting was not required, nor was one held.

Field Check
11/03/16

Staff conducted a routine field check and found the site to be well
maintained.

Details of Application Request


Site Area
Net Acres
0.62

Surrounding
Property
Subject
Property

Existing Land
Use Per Title
19.12
Single Family,
Detached

North

Undeveloped

South

Clark County
Single Family,
Detached
Clark County

East
West

Planned or Special
Land Use
Designation

Existing Zoning
District

L Low-up to 5.49

U(L) Undeveloped

SC Service
Commercial
Clark County
DR Desert Rural- up
to 2.49 du/ac
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

U(SC) Undeveloped
Clark County
U(L) Undeveloped
Clark County

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

CS

VAR-67451 [PRJ-67438]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

DEVELOPMENT STANDARDS
Pursuant to Title 19.06, the following standards apply:
Standard
Required/Allowed
Min. Lot Size
20,000 SF
Min. Lot Width
100 Feet
Min. Setbacks
Side
10 Feet
10 Feet
Rear
Min. Distance Between Buildings
6 Feet
Max. Rear and Side Lot Coverage
50 %
Max. Building Height
35 Feet

Provided
27,000 SF
149 Feet

Compliance
Y
Y

80 Feet
5 Feet
5 Feet
18 %
12 Feet

Y
N
N
Y
Y

CS

VAR-67451

VAR-67451

VAR-67451

VAR-67451

VAR-67451 [PRJ-67348] - VARIANCE - APPLICANT/OWNER: JOHN LEE AND DUREL FAMILY TRUST
5854 DEL REY AVENUE
11/03/2016

VAR-67451 [PRJ-67348] - VARIANCE - APPLICANT/OWNER: JOHN LEE AND DUREL FAMILY TRUST
5854 DEL REY AVENUE
11/03/2016

VAR-67451

Agenda Item No.: 50.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
WVR-67370 - WAIVER - PUBLIC HEARING - APPLICANT/OWNER: PRE RANCHO
JONES, LLC - For possible action on a request for a Waiver TO ALLOW NO STREETLIGHTS
ALONG LEON AVENUE on 17.08 acres at the northwest corner of Alexander Road and Leon
Avenue (APN 138-01-401-003), Ward 5 (Barlow) [PRJ-66718]. Staff recommends DENIAL.
C.C.: 1/18/2017
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

WVR-67370 [PRJ-66718]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: PRE RANCHO JONES, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
WVR-67370

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends DENIAL, if approved subject to


conditions:

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

321

APPROVALS

PROTESTS

18

JB

WVR-67370 [PRJ-66718]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

WVR-67370 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 where such is required
is approved.

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.
Public Works

6.

The installation of streetlights on Leon Avenue 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.

JB

WVR-67370 [PRJ-66718]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
This is a request for a Waiver to allow no streetlights to be installed along Leon Avenue
adjacent to the eastern perimeter of a 17.08 acre parcel of land located on the
northwest corner of Leon Avenue and Alexander Road.

ISSUES

A Site Development Plan Review (SDR-65912) was previously approved by the City
Council on 10/05/16 to construct a 58,745 square-foot primary and secondary school
use on a 7.44 acre portion of the 17.08 acre subject site
An associated Variance (VAR-66310) application was previously approved by the
City Council on 10/05/16 which allowed a deviation from Complete Streets
Standards to provide a horse trail in place of a sidewalk adjacent to Leon Avenue.

ANALYSIS
On 10/05/16 the City Council approved Site Development Plan Review (SDR-65912) to
construct a 58,745 square-foot primary and secondary school use on a 7.44 acre
portion of the 17.08 acre subject site. The applicant has request a Waiver to allow no
streetlights to be installed along Leon Avenue adjacent to the subject site.
When a site is developed in the City of Las Vegas, it is customary to require the
installation of all incomplete improvements surrounding the site so they match what
exists in the surrounding area. Streetlights exist on the south side of Alexander Road
and will exist on the north side of Alexander Road when this school site develops.
Although streetlights are not customary on Leon Avenue, the Citys staff encourages full
installation of complete streets throughout the City. Staff does not support these request
and recommends denial with conditions.

FINDINGS (WVR-67370)
No substantial evidence has been presented to warrant the requested Waivers of Title
19.02.240 and 19.01.140.A to allow no streetlights where such are required along Leon
Avenue. Staff recommends denial of the request with conditions.
JB

WVR-67370 [PRJ-66718]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a request to amend portions of the
Centennial Hills Sector Plan and the Southwest Sector Map FROM:
GC (General Commercial), SC (Service Commercial) and DR (Desert
Rural) TO: GC (General Commercial), O (Office), PF (Public Facility),
ML (Medium Low Density Residential) and DR (Desert Rural Density
Residential) on property located on, or in close proximity to, both sides
of Rancho Drive from Vegas Drive to the northern City limits at
Moccasin Road. The Planning Commission and staff recommended
approval.
04/02/03
Request for a Rezoning FROM: C-2 (General Commercial), R-E
(Residence Estates), R-MHP (Residential Mobile/Manufactured Home
Park), and U (Undeveloped) TO: C-2 (General Commercial), C-1
(Limited Commercial), O (Office), C-V (Civic), R-E (Residence
Estates), R-1 (Single Family Residential), and U (Undeveloped)to GC
(General Commercial), O (Office), PF (Public Facility), ML (MediumLow Density Residential) and DR (Desert Rural) on property located
on, or in close proximity to, both sides of Rancho Drive from Vegas
Drive to the northern City limits at Moccasin Road. The Planning
Commission and staff recommended approval.
An application was submitted for a Parcel Map Technical Review
(PMP-66120) for a two-lot Parcel Map on 17.15 acres at the northwest
08/08/16
corner of Alexander Road and Leon Avenue. The map has not been
recorded.
The Planning Commission will consider a request for a Variance (VAR65909) to allow an eight-foot tall wall in the front yard where a
maximum wall height of five feet is allowed on a 6.11-acre portion of a
17.08-acre parcel on the northwest corner of Alexander Road and
Leon Avenue. Staff recommended approval.
The Planning Commission will consider a request for a Variance (VAR66310) to allow a deviation from Complete Streets Standards to
09/13/16
provide a horse trail in place of a sidewalk adjacent to Leon Avenue on
a 6.11-acre portion of a 17.08-acre parcel on the northwest corner of
Alexander Road and Leon Avenue. Staff recommended approval.
The Planning Commission will consider a request for a Special Use
Permit (SUP-65910) for a proposed Public or Private School, Primary
on the northwest corner of Leon Avenue and Alexander Road. Staff
recommended approval.

JB

WVR-67370 [PRJ-66718]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

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


The Planning Commission will consider a request for a Special Use
Permit (SUP-65911) for a proposed Public or Private School,
Secondary on the northwest corner of Leon Avenue and Alexander
Road. Staff recommended approval.
The Planning Commission will consider a request for a Site
Development Plan Review (SDR-65912) for a proposed 58,745
square-foot Public or Private School, Primary and Secondary use on a
6.11-acre portion of a 17.08-acre parcel on the northwest corner of
Alexander Road and Leon Avenue. Staff recommended approval.

Most Recent Change of Ownership


05/10/16
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


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

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the
09/08/16
submittal requirements for a Waiver and Vacation applications for a
previously approved project on the subject site.

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

Field Check
11/03/16

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

Details of Application Request


Site Area
Net Acres
17.08

JB

WVR-67370 [PRJ-66718]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

Existing Land
Use Per Title
19.12

Planned or Special
Land Use
Designation

Subject
Property

Undeveloped

ML (Medium Low
Density Residential)

North

Undeveloped

ML (Medium Low
Density Residential)

Undeveloped

ML (Medium Low
Density Residential)

Clinic

GC (General
Commercial)

U (Undeveloped) [ML
(Medium Low Density
Residential)]
U (Undeveloped) [ML
(Medium Low Density
Residential)]
U (Undeveloped) [ML
(Medium Low Density
Residential)]
C-2 (General
Commercial)

East

Single Family
Residential,
Detached

DR (Desert Rural
Density Residential)

R-E (Residence
Estates)

West

Undeveloped

SC (Service
Commercial)

C-1 (Limited
Commercial)

Surrounding
Property

South

Existing Zoning
District

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
A-O (Airport Overlay) District (200 Feet)
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification
Assessment)
Project of Regional Significance

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

DEVELOPMENT STANDARDS

Street Name

Functional
Classification
of Street(s)

Governing
Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Leon Avenue

Local Street

Master Plan of
Streets & Highways

60

JB

WVR-67370 [PRJ-66718]
Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

Pursuant to Title 19.02 and 19.04, the following parking standards apply:
Streetscape Standards
Required
Provided
Compliance
60-foot wide right-of60-foot wide right-ofway, including amenity
way, amenity zone,
Leon Avenue
N*
zone, sidewalk and
horse trail and no
streetlights
streetlights
*The applicant has a requested a Waiver (WVR-67370) to waive all required Title 19.02
streetlight improvements along existing Leon Avenue right-of-way adjacent to the
eastern perimeter of the subject site. In addition, a Variance (VAR-66310) was
previously approved, which allowed a horse trail along in place of the required sidewalk
along Leon Avenue.

Waivers
Requirement
Request
To install streetlights per Title To install no
19.04 requirements along
streetlights along
Leon Avenue
Leon Avenue

Staff Recommendation
Denial

JB

WVR-67370

WVR-67370

WVR-67370

WVR-67370

WVR-67370

7777777777777777

WVR-67370


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WVR-67370

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WVR-67370

WVR-67370 [PRJ-66718] - WAIVER - APPLICANT/OWNER: PRE RANCHO JONES, LLC


NORTHWEST CORNER OF ALEXANDER ROAD AND LEON AVENUE
11/03/2016

WVR-67370

Agenda Item No.: 51.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-67136 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: AVRIO
PROPERTIES, INC - OWNER: 824 SOUTH DECATUR, LLC - For possible action on a
request for a Special Use Permit FOR A PROPOSED HOTEL RESIDENCE at 824 South
Decatur Boulevard (APNs 138-36-802-004 and 005), C-2 (General Commercial) Zone, Ward 1
(Tarkanian) [PRJ-67134]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - SUP-67136 and SDR-67317 [PRJ-67134]
2. Conditions and Staff Report - SUP-67136 and SDR-67317 [PRJ-67134]
3. Supporting Documentation - SUP-67136 and SDR-67317 [PRJ-67134]
4. Photo(s) - SUP-67136 and SDR-67317 [PRJ-67134]
5. Justification Letter - SUP-67136 and SDR-67317 [PRJ-67134]
6. Support Postcard for SUP-67136 and SDR-67137 [PRJ-67134]

SUP-67136 and SDR-67137 [PRJ-67134]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: AVRIO PROPERTIES, INC - OWNER: 824
SOUTH DECATUR, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

SUP-67136

Staff recommends APPROVAL, subject to conditions:

SDR-67137

Staff recommends APPROVAL, subject to conditions:

REQUIRED FOR
APPROVAL

SUP-67136

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

205

APPROVALS

PROTESTS

25

FS

SUP-67136 and SDR-67137 [PRJ-67134]


Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

SUP-67136 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for the Hotel
Residence use.

2.

Approval of and conformance to the Conditions of Approval for Site Development


Plan Review (SDR-67137)

3.

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

4.

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

5.

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

6.

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

SDR-67137 CONDITIONS
Planning
1.

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

2.

All development shall be in conformance with the site plan and landscape plan
date stamped 11/08/16, and building elevations date stamped 10/24/16, except as
amended by conditions herein.
FS

SUP-67136 and SDR-67137 [PRJ-67134]


Conditions Page Two
December 13, 2016 - Planning Commission Meeting

3.

A Waiver from Title 19.08 is hereby approved to allow a five-foot perimeter


landscape buffer width along portions of the north and south property lines where
eight feet is the minimum required, and to allow 11 perimeter trees along the south
property line where 13 are required.

4.

24-inch box trees are required 20 feet on-center along the north property line.

5.

An Exception from 19.08 is hereby approved to allow nine parking lot trees where
24 are required.

6.

All individual wall/window mounted air conditioner units shall be recessed into the
building face or otherwise screened by a method acceptable to the Department of
Planning.

7.

All mechanical equipment shall be screened in accordance with the requirements


of Title 19.08.

8.

Trash enclosures shall be designed and constructed to the minimum standards


outlined in Title 19.08.

9.

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

10. These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit.
11. 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.
12. A fully operational fire protection system, including fire apparatus roads, fire
hydrants and water supply, shall be installed and shall be functioning prior to
construction of any combustible structures.
13. All City Code requirements and design standards of all City Departments must be
satisfied, except as modified herein.

FS

SUP-67136 and SDR-67137 [PRJ-67134]


Conditions Page Three
December 13, 2016 - Planning Commission Meeting

Public Works
14. Correct all Americans with Disabilities Act (ADA) deficiencies on the sidewalk and
the proposed driveways adjacent to this site in accordance with code requirements
of Title 13.56.040 to the satisfaction of the City Engineer concurrent with
development of this site. All existing paving damaged or removed by this
development shall be restored at its original location and to its original width
concurrent with development of this site.
15. Contact the Sanitary Sewer Planning Section of the Department of Public Works at
702-229-2179 to determine an acceptable point of connection to sanitary sewer
system. Comply with the recommendations of the Sanitary Sewer Planning
Section.
16. Meet with the Fire Protection Engineering Section of the Department of Fire
Services to discuss fire requirements for the proposed use of this facility. The
design and layout of all onsite private circulation and access drives shall meet the
approval of the Department of Fire Services. Appropriate fire lanes and turning
radii shall be provided at rear of structure.
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, whichever may occur
first. Provide and improve all drainage ways 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.

FS

SUP-67136 and SDR-67137 [PRJ-67134]


Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The request is for a Special Use Permit and a Site Development Plan Review for a
proposed four story, 140-unit Hotel Residence at 810 South Decatur Boulevard.
ISSUES

The subject site is currently developed with an operating Motor Vehicle Sales (Used)
facility.
A Special Use Permit is required for a Hotel Residence within the C-2 (General
Commercial) zoning district. Staff recommends approval of the request.
A Site Development Plan Review has been submitted to allow a four story, 140-unit
Hotel Residence. Staff recommends approval of the request.
A perimeter landscape waiver is being requested to allow a reduction of perimeter
landscaping along portions of the north and south property lines. Staff recommends
approval of the request.
An exception is being requested to allow a reduction of parking lot landscape
requirements. Staff recommends approval of the request.

ANALYSIS
The request is for a Special Use Permit and a Site Development Plan Review for a
proposed four story, 140-unit Hotel Residence at 810 South Decatur Boulevard. The
site is zoned C-2 (General Commercial) and is currently developed with an operating
Motor Vehicle Sales (Used) facility. The site is located within the Las Vegas
Redevelopment Area and the 175-foot Airport Overlay District. The site is adjacent to
an R-1 (Single-family Residential) zoned parcel to the south; however, the site is utilized
as a church, which is a non-residential use. As such, residential adjacency standards
do not apply to the subject property. The site receives access via two drives from
Decatur Boulevard, and the proposed four story building is located generally at the
center of the subject site. Surrounding the building, 140 parking spaces are provided
where 140 are required, and 30 percent of spaces are classified as compact.
The building elevations depict a four-story hotel building constructed of stucco with
brown foam molding, stucco pop-out trim, and a shingle roof. A porte-cochere will be
located in front of the building directly over a portion of the parking area. A pool and
deck area will be integrated onto the roof of the porte-cochere for use by hotel guests.
Each unit will have a wall mounted air conditioning unit that will be recessed into the
building and will be visually nonintrusive. Rooftop mechanical equipment, if installed,
will be required to be screened from view.
FS

SUP-67136 and SDR-67137 [PRJ-67134]


Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

The landscape plan depicts the required perimeter landscape buffer widths along the
front and rear property lines. These buffer areas are planted with the required 24-inch
box trees every 20 feet on-center. The front-yard perimeter landscaping enhances the
street front along Decatur Boulevard in an area where landscaping is generally lacking
along the right-of-way. An eight-foot perimeter buffer is required along the north and
south (side-yard) property lines; however, the buffer width tapers to 5.7 feet and 5.9
feet, respectively, within portions of these areas. The applicant has requested a waiver
to allow a reduction of perimeter buffer width along portions of the north and south
property lines, and to allow 11 perimeter trees along the south property line where 13
are required. Staff recommends approval of the requested waivers as the applicant has
voluntarily increased the number of 24-inch box trees along the north property line to
compensate for the aforementioned landscape deficiencies. Adjacent to commercial
development to the north, 24-inch box trees are required every 30 feet on-center, and
the applicant has voluntarily increased the tree spacing to 20 feet on-center. In addition,
the parcel dimensions are tapered which also adds a physical hardship. Tree species
used include Fan Palms, Arizona Mesquites, African Sumacs, and Rio Grande Ash.
Provided shrubs include five-gallon Blue Ranger and Red Yuccas.
An exception from Title 19.08 has been requested to allow a reduction of required
parking lot landscaping. The provided parking lot landscaping includes nine trees
where 24 are required. Title 19.08 requires one tree for every 6 uncovered parking
spaces, plus one tree at the end of each row of spaces. The exception is justified as
the applicant is adding extra trees to the perimeter landscape buffer areas, and the
porte-cochere occupies a large portion of the front parking lot. The majority of the
deficient trees were to be located to the rear of the property where they have less of an
aesthetic impact.
The floorplans depict a large and small studio product with full kitchens and private
bathrooms. These types of units are consistent with a typical Hotel Residence room.
Despite the requested waiver and exception, the proposed development is appropriate
for the C-2 (General Commercial) zone and the Las Vegas Redevelopment Area. The
adjacent uses will not be adversely affected by the proposed hotel residence, and the
site is adequately buffered from the multi-family residential development to the west and
the house of worship to the south. The proposed landscaping will enhance the Decatur
Boulevard street front, and measures have been taken to ensure that the building is
aesthetically compatible with the development in the area. Staff recommends approval
of the Site Development Plan review and associated waivers.
The Hotel Residence use is defined as a multi-dwelling facility for extended stay
lodging, consisting of:

FS

SUP-67136 and SDR-67137 [PRJ-67134]


Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

1. Efficiency units or suites with a kitchen containing a refrigerator, sink and cooking
facilities (such as a stove or microwave) suitable for long term occupancy;
2. Customary hotel services such as linen, maid service, telephone and upkeep of
furniture; and
3. Optional resident and guest amenities such as meeting rooms, club house and
recreation facilities. This use does not include facilities which qualify as other
types of dwelling units defined in this Title.
The site meets the minimum Special Use Requirements of a Hotel-Residence and it is
located an appropriate location. The floorplans depict a large and small studio product
with full kitchens and private bathrooms, which are consistent with a typical Hotel
Residence room. The hotel will provide customary hotel services as required, and pool
and deck area for hotel guests is proposed on the roof of the porte-cochere. Staff
recommends approval of the request.

Las Vegas Valley Water District (LVVWD)


Parcel 138-36-802-004 is currently served by LVVWD but the existing domestic meter is
not large enough to serve this development. Civil and plumbing plans will need to be
submitted to LVVWD for domestic meter sizing and fire flow availability. Proof of parcel
consolidation will be required prior to civil plan approval by LVVWD.
FINDINGS (SUP-67136)
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 hotel-residence is located in a C-2 (General Commercial) zone and
the use can be conducted in a manner that is harmonious and compatible with
existing surrounding land uses, and with future surrounding land uses as
projected by the General Plan.

2.

The subject site is physically suitable for the type and intensity of land use
proposed.
The site is physically suitable for the type and intensity of the proposed land use.

FS

SUP-67136 and SDR-67137 [PRJ-67134]


Staff Report Page Four
December 13, 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.
Decatur Boulevard is adequate in size to meet the requirements of the proposed
use.

4.

Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.
Approval of the Special Use Permit does not compromise the publics health,
safety or general welfare.

5.

The use meets all of the applicable conditions per Title 19.12.
The use meets all applicable conditions of Title 19.12.

FINDINGS (SDR-67137)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E)
the Planning Commission and/or City Council must affirm the following:
1.

The proposed development is compatible with adjacent development and


development in the area;
The proposed development is located in a commercial area and 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 duly-adopted city plans, policies and standards;
With approval of the requested waivers, the development will be consistent with all
applicable adopted city plans, policies and standards.

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
Site access and circulation will not negatively impact adjacent roadways or
neighborhood traffic.

FS

SUP-67136 and SDR-67137 [PRJ-67134]


Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

4.

Building and landscape materials are appropriate for the area and for the
City;
The proposed landscape and building materials are appropriate for the area and
for 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 building elevations 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.
The site will be subject to regular inspection and therefore does not compromise
the publics health, safety or general welfare.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a Special Use Permit (U-185-92) to allow
08/25/1992
Motor Vehicle Sales (Used) and Auto Rental.

Most Recent Change of Ownership


04/02/2008
A deed was recorded for a change in ownership.

Pre-Application Meeting
A pre-application meeting was held and general Special Use Permit
10/13/16
and Site Development Plan Review submittal requirements were
discussed.

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

FS

SUP-67136 and SDR-67137 [PRJ-67134]


Staff Report Page Six
December 13, 2016 - Planning Commission Meeting

Field Check
11/3/16

A field check was conducted and the site is currently operating as a


Motor Vehicle Sales (Used) facility.

Details of Application Request


Site Area
Net Acres
1.91

Existing Land
Use Per Title
19.12
Motor Vehicle
Sales (Used)

Planned or Special
Land Use
Designation

North

Hotel/Casino

C (Commercial)

South

House of Worship

MXU (Mixed Use)

Surrounding
Property
Subject
Property

East
West

Office, other than


listed
Multi-family
Residential

MXU (Mixed Use)

O (Office
M (Medium Density
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

Existing Zoning
District
C-2 (General
Commercial)
C-2 (General
Commercial)
R-1 (Single Family
Residential)
P-R (Professional
Office)
R-3 (Medium Density
Residential)

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

FS

SUP-67136 and SDR-67137 [PRJ-67134]


Staff Report Page Seven
December 13, 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
10 Feet
Side
10 Feet
Corner
10 Feet
Rear
20 Feet
Max. Lot Coverage
50 %
Max. Building Height
N/A
Trash Enclosure
Mech. Equipment

Screened, Gated, w/ a
Roof or Trellis
Screened

Provided
217 Feet

Compliance
Y

51 Feet
50 Feet
N/A
81 Feet
23 %
55 Feet
Screened,
Gated, w/ a
Roof or
Trellis
Screened

Y
Y
Y
Y
Y
Y

Pursuant to Title 19.08, the following standards apply:


Landscaping and Open Space Standards
Required
Provided
Standards
Ratio
Trees
Buffer Trees:
North
1 Tree / 30 Linear Feet
9 Trees
9 Trees
South
1 Tree / 20 Linear Feet
13 Trees
11 Trees
East
1 Tree / 20 Linear Feet
11 Trees
13 Trees
West
1 Tree / 20 Linear Feet
11 Trees
16 Trees
TOTAL PERIMETER TREES
44 Trees
49 Trees
1 Tree / 6 Uncovered
Parking Area
Spaces, plus 1 tree at the
24 Trees
9 Trees
Trees
end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
8 Feet
5 Feet
South
8 Feet
5 Feet
East
15 Feet
15 Feet
West
8 Feet
8 Feet
Not
Wall Height
6 to 8 Feet Adjacent to Residential
Indicated

Y
Y

Compliance

Y
N
Y
Y
Y
N

N
N
Y
Y
Y

FS

SUP-67136 and SDR-67137 [PRJ-67134]


Staff Report Page Eight
December 13, 2016 - Planning Commission Meeting

Street Name
Decatur
Boulevard

Functional
Classification
of Street(s)
Parkway Arterial

Governing
Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

125

Planned Streets and


Highways Map

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Use

Hotel
Residence

Gross Floor
Area or
Number of
Units

140 units

Required
Parking
Parking
HandiRatio
Regular
capped

1per
guest
room

TOTAL SPACES REQUIRED


Regular and Handicap Spaces Required

Waivers
Requirement
8-foot Landscape Buffer area
along the north and south
property lines.

One 24-inch box tree every


20 feet on-center along the
south property line

Exceptions
Requirement
1 tree every six spaces

Provided
Parking
HandiRegular
capped

Compliance

140

140
135

140
135

Y
Y

Request
5-foot Landscape
Buffer area along a
portion of the north
and south property
lines
To allow 11
perimeter trees along
the south property
line where13 are
required

Staff Recommendation

Request
To allow 9 parking lot
trees where 23 are
required

Staff Recommendation

Approval

Approval

Approval

FS

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SUP-67136 and SDR-67137 - REVISED

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SUP-67136 and SDR-67137

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bA77b
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SUP-67136 [PRJ-67134] - SPECIAL USE PERMIT RELATED TO SDR-67137 - APPLICANT: AVRIO


PROPERTIES, INC - OWNER: 824 SOUTH DECATUR, LLC
824 SOUTH DECATUR BOULEVARD
11/03/2016

SUP-67136 [PRJ-67134] - SPECIAL USE PERMIT RELATED TO SDR-67137 - APPLICANT: AVRIO


PROPERTIES, INC - OWNER: 824 SOUTH DECATUR, LLC
824 SOUTH DECATUR BOULEVARD
11/03/2016

SUP-67136 [PRJ-67134] - SPECIAL USE PERMIT RELATED TO SDR-67137 - APPLICANT: AVRIO


PROPERTIES, INC - OWNER: 824 SOUTH DECATUR, LLC
824 SOUTH DECATUR BOULEVARD
11/03/2016

SUP-67136 [PRJ-67134] - SPECIAL USE PERMIT RELATED TO SDR-67137 - APPLICANT: AVRIO


PROPERTIES, INC - OWNER: 824 SOUTH DECATUR, LLC
824 SOUTH DECATUR BOULEVARD
11/03/2016

SUP-67136 [PRJ-67134] - SPECIAL USE PERMIT RELATED TO SDR-67137 - APPLICANT: AVRIO


PROPERTIES, INC - OWNER: 824 SOUTH DECATUR, LLC
824 SOUTH DECATUR BOULEVARD
11/03/2016

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77
777A777777b77
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Agenda Item No.: 52.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SDR-67137 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-67136 - PUBLIC
HEARING - APPLICANT: AVRIO PROPERTIES, INC - OWNER: 824 SOUTH DECATUR,
LLC - For possible action on a request for a Site Development Plan Review FOR A PROPOSED
FOUR STORY, 140-UNIT HOTEL RESIDENCE USE WITH A WAIVER OF PERIMETER
LANDSCAPE REQUIREMENTS ON A PORTION OF THE NORTH AND SOUTH
PROPERTY LINES on 1.90 acres at 824 South Decatur Boulevard (APNs 138-36-802-004 and
005), C-2 (General Commercial) Zone, Ward 1 (Tarkanian) [PRJ-67134]. Staff recommends
APPROVAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

A 7 7 A b A 7

b 7

SDR-67137

77 7
77A

77 7

77777. 777 777 777b 7b 7


7b 77777777777 7
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7 7777 7 77

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A
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SDR-67137

b 7

7
7
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7
7
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77
777 7 7 7
77 77 7 7
7 77

Agenda Item No.: 53.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-67464 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: GOLDEN GATE
CASINO, LLC - OWNER: SAL SAGEV HOTEL CO INC. - For possible action on a request for
a Special Use Permit FOR A PROPOSED 1,073 SQUARE-FOOT EXPANSION TO AN
EXISTING NONCONFORMING GAMING ESTABLISHMENT, NON-RESTRICTED USE at
1 Fremont Street (APN 139-34-101-012), C-2 (General Commercial) Zone, Ward 3 (Coffin)
[PRJ-67301]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - SUP-67464, SUP-67465 and SDR-67466 [PRJ-67301]
2. Conditions and Staff Report - SUP-67464, SUP-67465 and SDR-67466 [PRJ-67301]
3. Supporting Documentation - SUP-67464, SUP-67465 and SDR-67466 [PRJ-67301]
4. Photo(s) - SUP-67464, SUP-67465 and SDR-67466 [PRJ-67301]
5. Justification Letter - SUP-67464, SUP-67465 and SDR-67466 [PRJ-67301]

SUP-67464, SUP-67465 and SDR-67466 [PRJ-67301]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: GOLDEN GATE CASINO, LLC - OWNER: SAL
SAGEV HOTEL CO INC.

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

SUP-67464
SUP-67465
SDR-67466

Staff recommends APPROVAL, subject to conditions:


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

REQUIRED FOR
APPROVAL
SUP-67464
SUP-67464
SUP-67465

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

28

NOTICES MAILED

88 - SUP-67464 and SUP-67465


88 - SDR-67466

APPROVALS

0 - SUP-67464 and SUP-67465


0 - SDR-67466

PROTESTS

0 - SUP-67464 and SUP-67465


0 - SDR-67466

JB

SUP-67464, SUP-67465 and SDR-67466 [PRJ-67301]


Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

SUP-67464 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Gaming,
Non-Restricted use.

2.

Approval of and conformance to the Conditions of Approval for Site Development


Plan Review (SDR-67466) 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-67465 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Gaming,
Non-Restricted use.
JB

SUP-67464, SUP-67465 and SDR-67466 [PRJ-67301]


Conditions Page Two
December 13, 2016 - Planning Commission Meeting

2.

Approval of and conformance to the Conditions of Approval for Site Development


Plan Review (SDR-67466) 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.

SDR-67466 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-67464) and Special Use Permit (SUP-67465) 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 and
building elevations date stamped 10/27/16, except as amended by conditions
herein.

JB

SUP-67464, SUP-67465 and SDR-67466 [PRJ-67301]


Conditions Page Three
December 13, 2016 - Planning Commission Meeting

4.

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

5.

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

6.

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 a Certificate of Occupancy.

7.

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

8.

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

9.

A Petition of Vacation, such as VAC-66478, shall record prior to the issuance of


any building permits or the recordation of a map, whichever may occur first.

10. Correct all Americans with Disabilities Act (ADA) deficiencies on the sidewalks
adjacent to this site in accordance with code requirements of Title 13.56.040, if
any, to the satisfaction of the City Engineer concurrent with development of this
site.
11. Submit a License Agreement for landscaping and private improvements in the
Main Street and Fremont Street 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 License 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 within the public right-of-way at the applicant's
expense pursuant to the terms of the City's License 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 License Agreement. Coordinate all
requirements for the License Agreement with the Land Development Section of the
Department of Building and Safety (229-4836).

JB

SUP-67464, SUP-67465 and SDR-67466 [PRJ-67301]


Conditions Page Four
December 13, 2016 - Planning Commission Meeting

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.

JB

SUP-67464, SUP-67465 and SDR-67466 [PRJ-67301]


Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This request is to merge an existing hotel and casino with an adjacent casino, and to
expand the gaming area of each establishment located at 1 and 15 Fremont Street.
ISSUES

Per Title 19.12 a Special Use Permit is required for any increase in the amount,
variety or magnitude of gaming to be offered within the two existing non-restricted
gaming establishment whether or not the existing gaming was approved by means
of a Special Use Permit. Staff supports this request.
Per the Downtown Centennial Plan Threshold requirements a Site Development
Plan Review is required for the proposed 5,200 square-foot expansion in floor area
within the vacated alleyway segment. Staff supports this request.

ANALYSIS
This project is located in the Las Vegas Downtown Centennial Plan Central Casino
Core in the pedestrian mall controlled and operated by the Fremont Street Experience.
The applicant has proposed a two-story 5,200 square-foot building addition to merge an
existing Hotel and Casino, located at 1 Fremont Street, with an existing Casino located
at 15 Fremont Street. The submitted site plan indicates the proposed building addition is
located on a recently vacated (20 x 130) alleyway segment in between the two subject
sites, which was approved via Petition to Vacate (VAC-66478) by the Planning
Commission on 10/11/16. No landscaping is proposed or required as the site is adjacent
to the Fremont Street Pedestrian Mall. Parking will be accommodated within existing
facilities for the Hotel and Casino.
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 nonrestricted 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.
JB

SUP-67464, SUP-67465 and SDR-67466 [PRJ-67301]


Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

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. 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 when these uses were established, 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 and 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;
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.

JB

SUP-67464, SUP-67465 and SDR-67466 [PRJ-67301]


Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

Both subject sites currently operate as non-conforming Gaming Establishment, NonRestricted uses. Business licensing records indicated that the Hotel and Casino located
at 1 Fremont Street was originally entitled with 9,090 square feet of non-restricted
gaming floor area. Licensing records also indicate that the existing Casino located at 15
Fremont Street was originally approved to operate with 3,200 square feet non-restricted
gaming floor area. Per Title 19.12 a Special Use Permit is required for any increase in
the amount, variety or magnitude of gaming to be offered within the two existing nonrestricted gaming establishment whether or not the existing gaming was approved by
means of a Special Use Permit. In addition, Per Title 19.14.030 a non-conforming use
may expand as long as the increase is not more than 50%. Based on the original 9,090
square-foot and 3,200 square-foot non-restricted gaming floor area in both
establishments a maximum 18,435 square-foot non-restricted gaming floor area is
allowed. The submitted floor plan indicated that the total proposed non-restricted
gaming floor area between both will total 15,037 square-feet, which is approximately
18% under the maximum threshold of 18,435 square feet of non-restricted gaming floor
area. Staff recommends approval of the two requested Special Use Permits to allow an
expansion of the existing non-conforming Gaming Establishment, Non-Restricted uses
at 1 and 15 Fremont Street and the Site Development Plan Review for the proposed
5,200 square-foot two-story addition to the existing structures.

FINDINGS (SUP-67464)
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 use
across the vacated alleyway 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.

JB

SUP-67464, SUP-67465 and SDR-67466 [PRJ-67301]


Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

Site access is provided from Fremont Street, an 80-foot Major Collector and Main
Street a 100-foot Primary Arterial Street as designated in the Master Plan of
Streets and Highways. These streets are sufficient in size to accommodate the
needs of the proposed use.
4.

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.
The proposed use meets all applicable conditions for a Gaming Establishment,
Non-Restricted use per Title 19.12.

FINDINGS (SUP-67465)
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 use
across the vacated alleyway 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.
Site access is provided from Fremont Street, an 80-foot Major Collector and Main
Street a 100-foot Primary Arterial Street as designated in the Master Plan of
Streets and Highways. These streets are sufficient in size to accommodate the
needs of the proposed use.
JB

SUP-67464, SUP-67465 and SDR-67466 [PRJ-67301]


Staff Report Page Five
December 13, 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.
The proposed use meets all applicable conditions for a Gaming Establishment,
Non-Restricted use per Title 19.12.

FINDINGS (SDR-67466)
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 duly-adopted city plans, policies and standards;
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;
Site access is provided from Fremont Street, an 80-foot Major Collector and Main
Street a 100-foot Primary Arterial Street as designated in the Master Plan of
Streets and Highways. These streets are sufficient in size to accommodate the
needs of the proposed use.

4.

Building and landscape materials are appropriate for the area and for the
City;

JB

SUP-67464, SUP-67465 and SDR-67466 [PRJ-67301]


Staff Report Page Six
December 13, 2016 - Planning Commission Meeting

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.

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 approximately 230 Acres generally located
12/16/64
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-42674) for a 28,902 square-foot addition to an existing
hotel and gaming establishment, non-restricted and parking lot
improvements with Waivers of the Downtown Centennial Plan
Streetscape Standards and a corresponding request for encroachment
into the Main Street public right-of-way at 1 Fremont Street. The
Planning Commission and Staff recommended approval of the
10/19/11
request.
The City Council approved a request for a Special Use Permit (SUP42675) for a proposed 4,671 square-foot expansion of an existing
11,548 square-foot Gaming Establishment, Non-Restricted use at 1
Fremont Street. The Planning Commission and Staff recommended
approval of the request.

JB

SUP-67464, SUP-67465 and SDR-67466 [PRJ-67301]


Staff Report Page Seven
December 13, 2016 - Planning Commission Meeting

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


The Planning Department approved a request for a Final Map (FMP44564) for reversion to acreage on 1.29 acres at the southeast corner
04/10/12
of Main Street and Fremont Street. The map was recorded on
05/02/12.
The Downtown Design Review Committee approved a request for a
Master Sign Plan Design Review (ARC-45972) for an existing
Hotel/Casino and Waivers to allow three proposed incidental
07/17/12
(directional) signs to contain no neon illumination and/or animation
where 50 percent neon illumination and/or animation is required at 1
Fremont Street, 201 South Main Street, 209 South Main Street and
217 Main Street.
The Planning Commission approved a request for a Master Sign Plan
(MSP-45967) for an existing Hotel/Casino at 1 Fremont Street, 201
08/14/12
South Main Street, 209 South Main Street and 217 Main Street. Staff
recommended denial of the request.
The Planning Commission approved a request for a Variance (VAR45969) to allow three incidental signs with setbacks of one foot and
three feet from the public right-of-way where five feet is required, to
allow four incidental (directional) signs to be 7.20 feet and 8.25 feet in
08/14/12
height where seven feet is allowed and to allow four incidental
(directional) signs to be 16.8 and 17.8 square feet in area where 12
square feet is allowed at 1 Fremont Street, 201 South Main Street and
217 Main Street. Staff recommended denial of the request.
The Planning Commission recommended approval of a Petition to
Vacate (VAC-66478) a portion of a 20-foot wide public alley generally
10/11/16
located south of Fremont Street and east of Main Street. The item will
be heard at the City Council meeting scheduled for 11/16/16. Staff
recommended approval of the request.

Most Recent Change of Ownership


A deed was recorded for a change in ownership. (APN 139-34-10103/11/58
012)
A deed was recorded for a change in ownership. (APN 139-34-11103/22/82
035)

Related Building Permits/Business Licenses


A business license (#H05-00026) was issued for a Hotel (Golden Gate
01/01/51
Hotel & Casino) at 1 Fremont Street. The license is still active.

JB

SUP-67464, SUP-67465 and SDR-67466 [PRJ-67301]


Staff Report Page Eight
December 13, 2016 - Planning Commission Meeting

Related Building Permits/Business Licenses


A business license (#C05-00242) was issued for a Retail Tobacco
(Golden Gate Hotel & Casino) at 1 Fremont Street. The license is still
active.
A business license (#G50-05782) was issued for a General Retail
Sales (Golden Gate Hotel & Casino) at 1 Fremont Street. The license
is still active.
A business license (#P02-00034) was issued for a Parking Lot (Golden
Gate Hotel & Casino) at 1 Fremont Street. The license is still active.
A business license (#L16-00017) was issued for a Tavern (Golden
Gate Hotel & Casino) at 1 Fremont Street. The license is still active.
A business license (#R09-01591) was issued for a Restaurant (Du
12/01/10
Pars Restaurant) at 1 Fremont Street. The license is still active.
A business license (#P63-00453) was issued for a Gaming Non12/01/15
Restricted (William Hill Sports Book) at 1 Fremont Street. The license
is still active.

Pre-Application Meeting
A meeting was held with the applicant to discuss the submittal process
and procedures for a Site Development Plan Review and two
10/19/16
associated Special Use Permits for the proposed expansion of a NonConforming Gaming Establishment, Non-Restricted use.

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

Field Check
11/03/16

Staff visited the site and found a well maintained commercial


development, with a construction screening fence adjacent to the
alleyway.

Details of Application Request


Site Area
Net Acres
1.36

JB

SUP-67464, SUP-67465 and SDR-67466 [PRJ-67301]


Staff Report Page Nine
December 13, 2016 - Planning Commission Meeting

Surrounding
Property
Subject
Property
North
South

Existing Land
Use Per Title
19.12

Planned or Special
Land Use
Designation

Hotel/Casino

C (Commercial)

Fremont Street
Experience
Parking Lot
Hotel/Casino

ROW (Right-of-Way)
C (Commercial)

East

General Retail

C (Commercial)

West

Hotel/Casino

C (Commercial)

Master Plan Areas


Downtown Centennial Plan
Special Purpose and Overlay Districts
Downtown Centennial Plan Overlay District Central Casino Core
A-O (Airport Overlay) District - (200 Feet)
Downtown Casino Overlay 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

Existing Zoning
District
C-2 (General
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)

Compliance
Y
Compliance
Y
Y
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
70% along Property
Front (east)
Line
100%
Y
Side (north)
N/A
0 Feet
Y
Side (south)
N/A
0 Feet
Y
Rear (west)
N/A
0 Feet
Y

JB

SUP-67464, SUP-67465 and SDR-67466 [PRJ-67301]


Staff Report Page Ten
December 13, 2016 - Planning Commission Meeting

Standard

Required/Allowed

Trash Enclosure

Screened, Gated, w/ a
Roof or Trellis
Screened

Mech. Equipment

Provided Compliance
Screened,
Gated, w/
Y
a Roof or
Trellis
Screened
Y

Pursuant to Downtown Centennial Plan, the following standards apply:


Landscaping and Open Space Standards
Required
Provided
Standards
Ratio
Trees
Buffer Trees:
North
1 Tree / 0 Linear Feet
0 Trees
0 Trees
South
1 Tree / 0 Linear Feet
0 Trees
0 Trees
East
1 Tree / 0 Linear Feet
0 Trees
0 Trees
West
1 Tree / 0 Linear Feet
0 Trees
0 Trees
TOTAL PERIMETER TREES
0 Trees
0 Trees
1 Tree / 6 Uncovered
Parking Area
Spaces, plus 1 tree at the
0 Trees
0 Trees
Trees
end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
0 Feet
0 Feet
South
0 Feet
0 Feet
East
0 Feet
0 Feet
West
0 Feet
0 Feet
Not
Wall Height
6 to 8 Feet Adjacent to Residential
Indicated

Compliance

Y
Y
Y
Y
Y
Y

Y
Y
Y
Y
Y

Street Name

Functional
Classification
of Street(s)

Governing
Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Fremont Street

Major Collector

Master Plan of
Streets and
Highways

80

JB

SUP-67464, SUP-67465 and SDR-67466 [PRJ-67301]


Staff Report Page Eleven
December 13, 2016 - Planning Commission Meeting

Streetscape Standards

Required
Provided
Compliance
Five-foot wide amenity
N*
Zero Feet
zone
10-foot wide sidewalk
80 Feet
Y
Downtown Centennial Plan
36-inch box trees at 15
11 Trees on Main
to 20 feet intervals
N*
Street (existing)
along Main Street.
*A covenant running with the land will be required to obtain the property owners
consent for future improvements.

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement - Downtown
Base Parking Requirement
Parking
Parking
HandiRatio
Regular
capped

Use

Gross Floor
Area or
Number of
Units

Gaming,
Nonrestricted

15,037 SF

1 per 90
SF

168

Hotel

107 rooms

1 per
room

107

Provided
Parking
HandiRegular
capped

Compliance

275
64
Y*
268
7
64
0
Y*
*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.
TOTAL SPACES REQUIRED
Regular and Handicap Spaces Required

JB

SUP-67464

SUP-67464

SUP-67464

SUP-67464

SUP-67464, SUP-67465 and SDR-67466

SUP-67464, SUP-67465 and SDR-67466

SUP-67464, SUP-67465 and SDR-67466

SUP-67464, SUP-67465 and SDR-67466

SUP-67464, SUP-67465 and SDR-67466

SUP-67464 [PRJ-67301] - SPECIAL USE PERMIT RELATED TO SUP-67465 AND SDR-67466 APPLICANT: GOLDEN GATE CASINO, LLC - OWNER: SAL SAGEV HOTEL CO INC.
1 FREMONT STREET
11/03/2016

SUP-67464 [PRJ-67301] - SPECIAL USE PERMIT RELATED TO SUP-67465 AND SDR-67466 APPLICANT: GOLDEN GATE CASINO, LLC - OWNER: SAL SAGEV HOTEL CO INC.
1 FREMONT STREET
11/03/2016

SUP-67464 [PRJ-67301] - SPECIAL USE PERMIT RELATED TO SUP-67465 AND SDR-67466 APPLICANT: GOLDEN GATE CASINO, LLC - OWNER: SAL SAGEV HOTEL CO INC.
1 FREMONT STREET
11/03/2016

SUP-67464 [PRJ-67301] - SPECIAL USE PERMIT RELATED TO SUP-67465 AND SDR-67466 APPLICANT: GOLDEN GATE CASINO, LLC - OWNER: SAL SAGEV HOTEL CO INC.
1 FREMONT STREET
11/03/2016

SUP-67464 [PRJ-67301] - SPECIAL USE PERMIT RELATED TO SUP-67465 AND SDR-67466 APPLICANT: GOLDEN GATE CASINO, LLC - OWNER: SAL SAGEV HOTEL CO INC.
1 FREMONT STREET
11/03/2016

SUP-67464 [PRJ-67301] - SPECIAL USE PERMIT RELATED TO SUP-67465 AND SDR-67466 APPLICANT: GOLDEN GATE CASINO, LLC - OWNER: SAL SAGEV HOTEL CO INC.
1 FREMONT STREET
11/03/2016

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SUP-67464, SUP-67465 and SDR-67466

Agenda Item No.: 54.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-67465 - SPECIAL USE PERMIT RELATED TO SUP-67464 - PUBLIC HEARING APPLICANT: GOLDEN GATE CASINO, LLC - OWNER: HAROLD J AND MAYME
STOCKER TRUST - For possible action on a request for a Special Use Permit FOR A
PROPOSED 1,168 SQUARE-FOOT EXPANSION TO AN EXISTING NONCONFORMING
GAMING ESTABLISHMENT, NON-RESTRICTED USE at 15 Fremont Street (APN 139-34111-035), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-67301]. Staff recommends
APPROVAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

SUP-67465

SUP-67465

SUP-67465

SUP-67465

Agenda Item No.: 55.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SDR-67466 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-67464 AND SUP67465 - PUBLIC HEARING - APPLICANT: GOLDEN GATE CASINO, LLC - OWNER: SAL
SAGEV HOTEL CO INC. AND HAROLD J AND MAYME STOCKER TRUST - For possible
action on a request for a Site Development Plan Review FOR A 5,200 SQUARE-FOOT
EXPANSION OF AN EXISTING HOTEL/CASINO on 1.36 acres at 1 and 15 Fremont Street
(APNs 139-34-101-012 and 139-34-111-035), C-2 (General Commercial) Zone, Ward 3 (Coffin)
[PRJ-67301]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

SDR-67466

SDR-67466

SDR-67466

SDR-67466

Agenda Item No.: 56.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-67039 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: 4461
DECATUR, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED AUTO REPAIR GARAGE, MINOR at 4461 North Decatur Boulevard, Suites
#110 and #120 (APN 138-01-619-010), C-1 (Limited Commercial) Zone, Ward 4 (Anthony)
[PRJ-67009]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - SUP-67039 and SDR-67705 [PRJ-67009]
2. Conditions and Staff Report - SUP-67039 and SDR-67705 [PRJ-67009]
3. Supporting Documentation - SUP-67039 and SDR-67705 [PRJ-67009]
4. Photo(s) - SUP-67039 and SDR-67705 [PRJ-67009]
5. Justification Letter - SUP-67039 and SDR-67705 [PRJ-67009]
6. Protest Postcards for SUP-67039 and SDR-67705 [PRJ-67009]

SUP-67039 and SDR-67705 [PRJ-67009]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: 4461 DECATUR, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

SUP-67039

Staff recommends DENIAL, if approved subject to


conditions:

SDR-67705

Staff recommends DENIAL, if approved subject to


conditions:

REQUIRED FOR
APPROVAL

SUP-67039

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

375

APPROVALS

PROTESTS

10

FS

SUP-67039 and SDR-67705 [PRJ-67009]


Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

SUP-67039 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for the Auto
Repair Garage, Minor use.

2.

Conformance to the approved conditions of Site Development Plan Review (SDR67705).

3.

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

4.

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

5.

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

6.

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

SDR-67705 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Site Development


Plan Review (SDR-4882) 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.

FS

SUP-67039 and SDR-67705 [PRJ-67009]


Conditions Page Two
December 13, 2016 - Planning Commission Meeting

3.

All development shall be in conformance with the site plan, landscape plan date
stamped 11/15/16, and building elevations, date stamped 10/31/16, except as
amended by conditions herein.

4.

A Waiver from 19.08.040 is hereby approved, to allow service bay doors to face a
public right-of-way (Decatur Boulevard).

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.

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

8.

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

FS

SUP-67039 and SDR-67705 [PRJ-67009]


Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The request is for a major amendment to an approved Site Development Plan Review
(SDR-4882) and a Special Use Permit to allow an Auto Repair Garage, Minor within an
existing building at 4461 North Decatur Boulevard.

ISSUES

The proposed Auto Repair, Minor use will occupy two vacant suites within an
existing retail building.
The Auto Repair, Minor use requires a Special Use Permit in the C-1 (Limited
Commercial) zoning district. Staff recommends denial of the request.
A waiver has been requested from Title 19.08 to allow service bay doors facing the
right-of-way. Staff recommends denial of the request.
A major amendment to an approved Site Development Plan Review (SDR-4882) is
required due to the proposed site changes and the requested waiver. Staff
recommends denial of the request.

ANALYSIS
The subject site was part of a 17,255 square-foot shopping center expansion (SDR4882) approved by the City Council in 2004. The applicant is proposing to combine two
existing tenant suites (120 and 130) within the subject building for the installation of an
Auto Repair Garage, Minor. The parking areas and perimeter landscaping are existing
and were installed with the construction of the shopping center expansion. The required
parking for the proposed use is adequately accommodated on the site.
The applicant is requesting to amend the approved Site Development Plan Review
(SDR-4882) to facilitate the installation of an Auto Repair Garage, Minor. A spandrel
glass roll-up door will be added to the building storefront, which will allow access into
the proposed service bay. The rear roll-up door construction material is not specified on
the building elevation, but it appears to be a roll-up door typical of an auto garage use.
The proposed drive lane that will be used to enter and exit the service bay will require
cuts into the existing curb and landscape areas along portions of the front and rear of
the building. Vehicles will enter the service bay through the front of the building and exit
through the rear.

FS

SUP-67039 and SDR-67705 [PRJ-67009]


Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

Title 19.08.040 development standards require that openings for service bay doors not
face the public right-of-way. The proposed service bay door faces Decatur Boulevard
to the east, and the applicant has requested a waiver to provide relief from this
requirement. Staff recommends denial of the waiver request as the service bays will be
highly visible from Decatur Boulevard and aesthetically unappealing. While perimeter
landscaping is installed along the east property line, it is generally sparse and does not
satisfactory screen the service bays from the public street. Along the north property
line, the existing perimeter wall and installed landscaping adequately buffers the
proposed use from the adjacent single-family dwelling units.
Due to the requested waiver to allow service bays facing the right-of-way and the lack of
screening adjacent to Decatur Boulevard, staff recommends denial of the requested
major amendment to the approved Site Development Plan Review (SDR-4882).
The site is classified as a Project of Regional Significance as a Special Use Permit is
being proposed within 500 feet from the North Las Vegas city limits. The Auto Repair,
Minor use is defined as A facility for the performance of minor repairs and service on
vehicles of 10,000 pounds gross vehicle weight or less. Such repairs and service are
limited to electronic tune-ups, brake repairs (including drum turning), air conditioning
repairs, generator and starter repairs, tire repairs, front end alignments, battery
recharging, lubrication, selling/installing minor parts and accessories, and other similar
activities. This use also includes the repair and installation of other minor elements of an
automobile such as windshield wipers, hoses, windows, etc., but excludes general
engine repairs, engine installation, and the repair and installation of transmissions and
differentials.
The Minimum Special Use Permit Requirements for this use include:
1. All repair and service work shall be performed within a completely enclosed
building.
The applicant proposes roll-up garage doors to allow vehicle access into the
service areas. All work will be conducted within this enclosed area; however, the
doors face Decatur Boulevard and require a waiver from Title 19.08 development
standards which staff does not support.
2. All disabled vehicles shall be stored on a concrete or asphalt surface in an area
which is screened from view from the surrounding properties and adjoining
streets, pursuant to LVMC 19.08.040. Vehicles shall not be stored on the
property longer than 45 days.

FS

SUP-67039 and SDR-67705 [PRJ-67009]


Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

The applicant indicates that disabled vehicles will not be stored on-site; however
any vehicles that require storage will be located behind the building and will be
screened from view.
Due to the requested waiver associated with the companion Site Development Plan
Review to allow service bay doors facing the public right-of-way and the lack of
screening along Decatur Boulevard, staff recommends denial of the Special Use Permit
request for an Auto Repair Garage, Minor.

FINDINGS (SUP-67039)
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 approval of a Special Use Permit, the proposed use would typically be
compatible with the existing land uses; however, due to the requested waiver with
the companion Site Development Plan Review to allow service bay doors facing
the public right-of-way, the use as proposed would not be harmonious with
existing and future 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 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.
The site receives access from Decatur Boulevard, which is adequate in size to
meet the requirements of the proposed use.

4.

Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.
The proposed Auto Repair Garage, Minor use does not compromise the publics
health, safety or general welfare.
FS

SUP-67039 and SDR-67705 [PRJ-67009]


Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

5.

The use meets all of the applicable conditions per Title 19.12.
The subject site meets all applicable conditions of Title 19.12.

FINDINGS (SDR-67137)
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;
Due to the requested waiver to allow service bay doors facing the public right-ofway, the site is not 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 duly-adopted city plans, policies and standards;
The applicant has proposed service bay doors facing the public right-of-way which
is not consistent with the development standards identified in Title 19.08.040.

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
The site receives access from Decatur Boulevard, and site access does not
negatively impact adjacent roadways or neighborhood traffic.

4.

Building and landscape materials are appropriate for the area and for the
City;
The building and site landscaping is existing, and the proposed building materials
for the roll-up doors 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;

FS

SUP-67039 and SDR-67705 [PRJ-67009]


Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

The site proposes service bay doors facing the public right-of-way, which is
contrary to the requirements of Title 19.08.040. The landscaping along Decatur
Boulevard is not adequate to screen the visual impacts of the proposed Auto
Repair Garage, Minor, and therefore, the building will not be harmonious and
compatible with development in the area.
6.

Appropriate measures are taken to secure and protect the public health,
safety and general welfare.
The site will be subject to regular inspections and will therefore not compromise
the publics health, safety or general welfare.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a rezoning (Z-108-88) for the subject site to
12/07/88
C-1 (Limited Commercial) as a part of a larger request. The Planning
Commission recommended approval on 11/21/88.
The City Council approved a Site Development Plan Review [Z-108-88
03/09/98
(12)] for a 144,807 square-foot retail center. Planning Commission
had recommended approval on 02/12/99.
The City Council approved a Site Development Plan Review [Z-108-88
05/17/00
(14)] for a 123,221 square-foot retail center. Planning Commission
had recommended approval on 04/13/00.
The City Council approved a Site Development Review (SDR-4882)
12/15/04
for a 17,255 square-foot expansion to an existing shopping center.
The Planning Commission recommended approval on 11/18/04
The City Council approved a Special Use Permit (SUP-4883) for a
12/15/04
9,000 square-foot non-profit thrift store. The Planning Commission
recommended approval on 11/18/04.
Department of Planning staff approved a minor amendment (SUP10/17/12
47011) to an approved Special Use Permit (SUP-4883) for a 2,500
square-foot expansion to an existing non-profit thrift store.

Most Recent Change of Ownership


04/16/14
A deed was recorded for a change in ownership.

FS

SUP-67039 and SDR-67705 [PRJ-67009]


Staff Report Page Six
December 13, 2016 - Planning Commission Meeting

Related Building Permits/Business Licenses


09/28/06
A building permit was issued for a retail shell on the subject site.
A tenant improvement building permit was issued for a thrift shop
01/23/12
expansion within Suite 110 of the subject site. Final inspections were
competed on 03/13/12.

Pre-Application Meeting
A pre-application meeting was held and general Special Use Permit
10/13/16
application requirements were discussed.

Neighborhood Meeting
The applicant held a voluntary neighborhood meeting at the subject
11/28/16
site. Staff was not in attendance.

Field Check
11/03/16

The subject building is located within an existing shopping center and


consists of one occupied suite and two vacant suites.

Details of Application Request


Site Area
Net Acres
0.48

Surrounding
Property
Subject
Property

Existing Land
Use Per Title
19.12
Thrift Shop

North

Single Family
Residential,
Detached

South

Thrift Shop

East

Retail

West

Retail

Planned or Special
Land Use
Designation
SC (Service
Commercial)

Existing Zoning
District

C-1 (Limited
Commercial)
R-PD7 (Residential
ML (Medium Low
Planned Development
Density Residential)
7 units per acre)
SC (Service
C-1 (Limited
Commercial)
Commercial)
Mixed Use
C-1 (Neighborhood
Commercial North Las Commercial) North Las
Vegas Destination
Vegas Zoning District
SC (Service
C-1 (Limited
Commercial)
Commercial)
FS

SUP-67039 and SDR-67705 [PRJ-67009]


Staff Report Page Seven
December 13, 2016 - Planning Commission Meeting

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

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

DEVELOPMENT STANDARDS

Street Name

Functional
Classification
of Street(s)

Governing
Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Decatur
Boulevard

Primary Arterial

Planned Streets and


Highways

100

N/A

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Use

Auto Repair
Minor
Thrift Shop

Gross Floor
Area or
Number of
Units

Required
Parking
Parking
HandiRatio
Regular
capped

4,144

1:200 SF

21

2,500

1:250

10
31
32

TOTAL SPACES REQUIRED


Regular and Handicap Spaces Required

Waivers
Requirement
If service or wash bay doors
are provided, openings to the
bay doors shall not face
public rights-of-way

Request
Service bay door
facing the public
right-of-way (Decatur
Boulevard)

Provided
Parking
HandiRegular
capped

33
32

Compliance

Y
Y

Staff Recommendation
Denial

FS

SUP-67039

SUP-67039

SUP-67039 and SDR-67705 - REVISED

SUP-67039 and SDR-67705 - REVISED

SUP-67039 and SDR-67705

SUP-67039 and SDR-67705

SUP-67039 [PRJ-67009] - SPECIAL USE PERMIT RELATED TO SDR-67705 - APPLICANT/OWNER: 4461


DECATUR, LLC
4461 NORTH DECATUR BOULEVARD, SUITES #110 AND #120
11/03/2016

SUP-67039 [PRJ-67009] - SPECIAL USE PERMIT RELATED TO SDR-67705 - APPLICANT/OWNER: 4461


DECATUR, LLC
4461 NORTH DECATUR BOULEVARD, SUITES #110 AND #120
11/03/2016

SUP-67039 [PRJ-67009] - SPECIAL USE PERMIT RELATED TO SDR-67705 - APPLICANT/OWNER: 4461


DECATUR, LLC
4461 NORTH DECATUR BOULEVARD, SUITES #110 AND #120
11/03/2016

SUP-67039 and SDR-67705 - REVISED

Agenda Item No.: 57.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SDR-67705 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-67039 - PUBLIC
HEARING - APPLICANT/OWNER: 4461 DECATUR, LLC - For possible action on a request
for a Major Amendment to a previously approved Site Development Plan Review (SDR-4882)
TO ALLOW A 4,144 SQUARE FOOT AUTO REPAIR GARAGE, MINOR WITH A WAIVER
TO ALLOW SERVICE BAYS FACING A PUBLIC RIGHT-OF-WAY on 0.48 acres at 4461
North Decatur Boulevard, Suites #110 and #120 (APN 138-01-619-010), C-1 (Limited
Commercial) Zone, Ward 4 (Anthony) [PRJ-67009]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

SDR-67705

SDR-67705

Agenda Item No.: 58.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-67292 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: SHAW AND
ASSOCIATES, PLC - OWNER: FARM ROAD RETAIL, LLC - For possible action on a
request for a Special Use Permit FOR A PROPOSED 76-FOOT TALL WIRELESS
COMMUNICATION FACILITY, STEALTH DESIGN (MONOPALM) WITH A WAIVER TO
ALLOW A 249-FOOT DISTANCE SEPARATION FROM A SINGLE FAMILY DETACHED
DWELLING WHERE 330 FEET IS THE MINIMUM SEPARATION REQUIRED at 8414
Farm Road (APN 125-17-610-008), T-C (Town Center) Zone [SC-TC (Service Commercial Town Center) Special Land Use Designation], Ward 6 (Ross) [PRJ-67180]. Staff recommends
DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
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
6. Protest Postcard

SUP-67292 [PRJ-67180]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: SHAW AND ASSOCIATES, PLC - OWNER:
FARM ROAD RETAIL, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SUP-67292

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends DENIAL, if approved subject to


conditions:

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

618

APPROVALS

PROTESTS

53

CS

SUP-67292 [PRJ-67180]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

SUP-67292 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under the Town Center Standards for
a Wireless Communication Facility, except as amended by conditions herein.

2.

Conformance to the site plan and building elevations date stamped 10/18/16,
except as amended by conditions herein.

3.

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

4.

A Waiver from the Town Center Development Standards is hereby approved, to


allow a 249-foot distance separation from a single-family detached dwelling where
330 feet is 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.

The communications monopole and its associated equipment and facility shall be
properly maintained and kept free of graffiti at all times. Failure to perform the
required maintenance may result in fines and/or removal of the communications
monopole and its associated equipment and facility.

8.

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

CS

SUP-67292 [PRJ-67180]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit to establish a proposed 76-foot tall Wireless
Communication Facility, Stealth Design (Monopalm) within an existing Shopping Center
located in the Town Center Special Area at 8414 Farm Road.
ISSUES

Per the Town Center Development Standards, a Special Use Permit is required for a
Wireless Communication Facility with a Waiver to allow a 249-foot distance
separation from a single-family detached dwelling where 330 feet is the minimum
separation required.

ANALYSIS
The subject site is zoned T-C (Town Center) with an SC-TC (Service Commercial
Town Center) land use designation. A Wireless Communication Facility is a permitted
use in all land use districts within Town Center, provided the facility meets the following
requirements:
a. A wireless communication facility is permitted if it utilizes stealth
technology, (made part of another structure and isnt visually discernible)
and is not within 330 feet of any single-family detached dwelling.
Otherwise, a Special Use Permit is required.
b. Towers and mono-poles are subject to LVMC 19.08.040(H) and shall be
in conformance with Chapter B, Section 5, subsection E (Mechanical and
Electrical Equipment) of this Manual.
The proposed Wireless Communication Facility will utilize stealth technology and have a
palm tree monopole design in order to blend in with the visual characteristics of the
subject site. The structure will be surrounded by an eight-foot tall CMU block wall. The
proposed location of the Wireless Communication Facility will be behind an existing
retail building and is approximately 249 feet from the nearest single-family detached
dwelling. A Waiver of the required 330-foot separation distance from single family
properties has been requested per the Town Center Development Standards. The
proposed use exceeds the Title 19 minimum residential adjacency distance requirement
of 234 feet. Per the submitted justification letter, the proposed facility will be unmanned
and will only require routine quarterly visits for maintenance and equipment updates.
CS

SUP-67292 [PRJ-67180]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

As the proposed Wireless Communication Facility cannot meet the minimum


requirements of the Town Center Development Standards, staff recommends denial of
the request. If approved, conditions have been placed to ensure all applicable
requirements are met.

FINDINGS (SUP-67292)
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 tower will have a monopalm design and will blend in with the
existing features at the subject site. The proposed location of the tower is
approximately 249 feet from the nearest single-family detached dwelling.

2.

The subject site is physically suitable for the type and intensity of land use
proposed.
The subject site is located within an existing commercial development that is
physically suitable for the intensity of the proposed land use.

3.

Street or highway facilities providing access to the property are or will be


adequate in size to meet the requirements of the proposed use.
The wireless communication facility will not attract additional traffic to the site.
Access to the subject site is from Tule Springs Road, a 60-foot local street. This
will be adequate to accommodate maintenance vehicles when needed.

4.

Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.
Approval of this Special Use Permit will not compromise the public health safety
and general welfare of the public. The use will be subject to regular inspections
and is subject to licensing restrictions.

5.

The use meets all of the applicable conditions per Title 19.12.

CS

SUP-67292 [PRJ-67180]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

The proposed used does not meet the Town Center Development Standard that
requires Wireless Communication Facilities to be located at least 330 feet from
the nearest single family dwelling. The applicant requests a distance separation
waiver in order to be 249 feet away from the nearest single family dwelling.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a request for Rezoning from R-E
(Residence Estates) to T-C (Town Center) as part of a larger request
(Z-0076-98). The Planning Commission and staff recommended
12/07/98
approval.
The City Council approved a Site Development Plan Review [Z-007698(14)] for a proposed 222,129 square foot shopping center at the
northwest corner of Farm Road and Tule Springs Road. The Planning
05/17/00
Commission and staff recommended approval.
Staff administratively approved Site Development Plan Review (SDR03/12/07
19913) to allow a repeater facility to consist of one donor antenna and
one panel antenna on the existing rooftop at 8414 Farm Road.
The Planning Commission withdrew without prejudice Special Use
Permit (SUP- 24305) which was a request for a proposed 80-foot tall
07/30/08
wireless communication facility (stealth design) with a waiver to allow a
250-foot distance separation from a single family detached dwelling
where 330 feet is the minimum required at 8414 Farm Road.

Most Recent Change of Ownership


05/06/02
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#02004976) was issued for a Certificate of
03/21/02
Completion for Retail Shop Building 11 on the overall plan for Tule
Springs Village Center. A final inspection was completed on 10/30/02.

Pre-Application Meeting
Staff conducted a Pre-application meeting with the applicant where the
10/06/16
submittal requirements and deadlines were reviewed.

CS

SUP-67292 [PRJ-67180]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

Neighborhood Meeting
Meeting Start Time: 6:00 PM
Meeting End Time: 6:30 PM
ATTENDANCE
One (1) representative from the applicant
o Jason Sanks
(Representative on behalf of
Verizon)
One (1) representative present for Council Ward 6
o Jordan Sandecki
(Management Analyst)
One (1) member of the public was in attendance.

11/28/16

MEETING SUMMARY
Mr. Sanks opened the meeting by introducing himself and
explaining the purpose of the meeting
Mr. Sanks explained the proposal of the applicant
Mr. Sanks explained the need for the tower in the subject
location in order for Verizon to offer better service to their
customers
Mr. Sanks explained why a Special Use Permit is required
Mr. Sanks explained the SUP process
Mr. Sanks reviewed the plans and the tower design
Mr. Sanks opened the floor for questions
The lone public attendee stated that he was in favor of the
project
Mr. Sanks closed the meeting and offered his contact
information should the attendee have any further questions

Field Check
11/03/16

Staff conducted a routine field check and found a well maintained


commercial development site.

Details of Application Request


Site Area
Net Acres
0.98

CS

SUP-67292 [PRJ-67180]
Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

Surrounding
Property
Subject
Property
North
South

Existing Land
Use Per Title
19.04

Planned or Special
Land Use
Designation

Existing Zoning
District

Shopping Center

TC (Town Center)

T-C (Town Center)

TC (Town Center)

T-C (Town Center)

TC (Town Center)

T-C (Town Center)


R-PD4 (Residential
Planned Development
4 Units Per Acre)
T-C (Town Center)

Mini-Storage
Facility
Shopping Center

East

Single Family
Residential

L (Low Density
Residential)

West

Shopping Center

TC (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
N/A
N/A

DEVELOPMENT STANDARDS
Title 19.08.040 requires conformance to the following standards:
Residential Adjacency Standards
Required/Allowed Provided
3:1 proximity slope
234 Feet
249 Feet
Adjacent development matching
setback
Minimum 20 feet
249 Feet

Street Name

Tule Springs Rd

Compliance
Y
Y

Functional
Classification
of Street(s)

Governing
Document

Actual
Street Width
(Feet)

Complianc
e with
Street
Section

Local Street

Planned Streets and


Highways Map

60 Feet

CS

SUP-67292 [PRJ-67180]
Staff Report Page Six
December 13, 2016 - Planning Commission Meeting

Waivers
Requirement
To allow a 249-foot distance
separation from a single
family detached dwelling

Request
330-foot minimum
separation

Staff Recommendation
Denial

CS

SUP-67292

SUP-67292

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SUP-67292 [PRJ-67180] - SPECIAL USE PERMIT - APPLICANT: SHAW AND ASSOCIATES, PLC OWNER: FARM ROAD RETAIL, LLC
8414 FARM ROAD
11/03/2016

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Agenda Item No.: 59.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-67447 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: VERIZON
WIRELESS, ET AL - OWNER: ROCKSPRINGS RETAIL INVESTORS, LLC - For possible
action on a request for a Special Use Permit FOR A PROPOSED 80-FOOT TALL WIRELESS
COMMUNICATION FACILITY, STEALTH DESIGN (CLOCK TOWER) at the southwest
corner of Lake Mead Boulevard and Rock Springs Drive (APN 138-22-701-007), C-1 (Limited
Commercial) Zone, Ward 1 (Tarkanian) [PRJ-66664]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
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. Clark County Department of Aviation Comments

SUP-67447 [PRJ-66664]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: VERIZON WIRELESS, ET AL - OWNER:
ROCKSPRINGS RETAIL INVESTORS, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

SUP-67447

Staff recommends DENIAL, if approved subject to


conditions:

REQUIRED FOR
APPROVAL

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

82

APPROVALS

PROTESTS

27

SS

SUP-67447 [PRJ-66664]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

SUP-67447 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a


Wireless Communication Facility, Stealth Design use.

2.

Conformance to the approved conditions for Site Development Plan Review (SDR5711).

3.

No advertising of any kind shall be permitted on the exterior of the facility, including
the equipment enclosure.

4.

Prior to issuance of any permit for the Wireless Communication Facility, provide a
landscape plan showing at least two new 24-inch box trees within the perimeter
landscape buffer along Rock Springs Drive. Provide a minimum of four new fivegallon shrubs per new tree within the same buffer area.

5.

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.

6.

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

7.

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

8.

Prior to or at the time of submittal for any 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;
SS

SUP-67447 [PRJ-66664]
Conditions Page Two
December 13, 2016 - Planning Commission Meeting

b.

c.

9.

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.
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.

The communications monopole and its associated equipment and facility shall be
properly maintained and kept free of graffiti at all times. Failure to perform the
required maintenance may result in fines and/or removal of the communications
monopole and its associated equipment and facility.

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

SS

SUP-67447 [PRJ-66664]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting to install a new 80-foot stealth design Wireless
Communication Facility designed to look like a clock tower on the site of an existing
shopping center. The height of the facility is measured from the base of the pole to the
top of the screening device. The clock panels will conceal an array of 12 antennas.
The lease area is to be located at the northeast corner of the property and would
replace four existing parking spaces. The lease area is to include space for an
additional future carrier.

ISSUES

A Wireless Communication Facility, Stealth Design use is a conditional use in all


zoning districts as stated in LVMC Title 19.12. The proposed facility was previously
submitted for administrative review (CUV-66441) and denied for being incompatible
with the surrounding area and uses. A Special Use Permit was subsequently
required.
Two existing trees within the perimeter landscape buffer along Rock Springs Drive
are proposed to be removed to accommodate the proposed facility. The applicant
will accept a condition of approval to replace these two trees to remain in
conformance with the approved Site Development Plan Review for the existing
shopping center.

ANALYSIS
The Wireless Communication Facility, Stealth Design use is defined by Title 19.18 as a
wireless communication facility that is designed to blend into the surrounding
environment. Examples include without limitation: antenna tower alternative structures;
roof mounted antennas (with architectural screening when appropriate); building
mounted antennas painted to match the existing structure; antennas integrated into
architectural elements (such as steeples or cupolas); antennas and antenna structures
designed to look like light poles, flagpoles, or any other camouflaging techniques
available on the market; and a cable microcell network which utilizes multiple low
powered transmitters/receivers or repeaters attached to existing wireline systems, such
as conventional cable or telephone wires, or similar technology that does not require the
use of towers.
The proposed use meets the definition, as it is a wireless
communication facility that consists of an alternative tower structure designed to look
like a clock tower, which conceals 12 antennas.
SS

SUP-67447 [PRJ-66664]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

Conditional Use Regulations for this use include:


1. The applicant must submit to the Department, for administrative review and
approval, a site plan and an elevation drawing. The Director shall review the
documents to determine the applicable treatment of the proposed facility under
these Conditional Use Regulations. If the Director, in his discretion:
a. Determines that the proposed facility is a collocation of new transmission
equipment, a removal of transmission equipment or a replacement of
transmission equipment that:
i. Does not increase the tower height by more than 10% or height of
additional antenna array plus 20 feet, whichever is greater,
ii. Does not add more than 4 new equipment cabinets or 1 new shelter, and
iii. Does not contain a protrusion of more than 20 feet or the width or the
tower, whichever is greater, the Director shall approve the application as if
permitted by right.
b. Determines that Paragraph (a) above does not apply and approves the
proposed facility to proceed as a conditional use, the Director shall provide
written notice of preliminary approval to the applicant, with a copy to the office
of the City Council. That preliminary approval becomes final within 10 days
after the notice has been mailed or delivered to the applicant, unless within
that period a member of the City Council files with the Director a written
request for the Council to review the approval. If such a request to review is
filed, the application must first be reviewed and approved by the Council.
c. Determines that Paragraph (a) above does not apply and that the proposed
facility does not conform to the conditions listed below, a Special Use Permit
will be required for the use. Any determination by the Director that a Special
Use Permit will be required is not subject to appeal.
The proposed Wireless Communication Facility, Stealth Design use meets this
regulation. A Conditional Use Verification (CUV-66441) was submitted for
Department of Planning review. It was determined that Paragraph (a) above did
not apply, although the facility is designed for collocation. A Special Use Permit
was therefore required.
2. No residential use may exist on the property.
The proposed use meets this regulation, as the site contains only commercial
uses.

SS

SUP-67447 [PRJ-66664]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

3. The design must conform to the definition of the term Wireless Communication
Facility, Stealth Design, as set forth in LVMC 19.18.020 and as determined by
the Director.
The proposed use meets this regulation, as this is a Wireless Communication
Facility that consists of an alternative tower structure designed to look like a clock
tower, which conceals 12 antennas.
4. Within an area designated as a Historic Preservation District, the proposed
facility must first be reviewed by the Historic Preservation Commission before the
Director considers granting approval as a conditional use.
This regulation does not apply, as the proposed facility is not in a Historic
Preservation District.
5. The design and location of the proposed facility must be deemed by the Director
to be compatible with surrounding uses, and the facility must include appropriate
screening and landscaping to ensure such compatibility.
The proposed use does not meet this regulation, as the facility, which was
originally designed as an 80-foot tall monopalm, was not deemed to be
compatible with the surrounding commercial uses. A Special Use Permit was
therefore required. The facility would be screened by an eight-foot tall CMU
enclosure.
6. The frequencies used by the communication provider shall be in conformance
with Federal Communication Commission standards, as certified by a competent
professional (such as a radio frequency engineer).
The proposed use meets this regulation, as the Wireless Communication Facility
will be designed in conformance with FCC standards.
The proposed facility is to be located at the northeast corner of the shopping center
property near the corner of Lake Mead Boulevard and Rock Springs Drive. The lease
area would replace four existing parking spaces that are furthest from the retail building.
The Shopping Center is required to contain at least 162 parking spaces based on gross
floor area; with the proposed clock tower facility, 196 parking spaces would remain on
site.
Two existing perimeter shade trees and six five-gallon shrubs would also be removed,
to be replaced by five shrubs to match the existing species. The approved Site
Development Plan Review (SDR-5711) for this site indicates that 13 trees are required

SS

SUP-67447 [PRJ-66664]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

within the east perimeter landscape buffer. Two additional trees will need to be planted
within this buffer to maintain conformance with the previous approval. No parking lot
trees would be displaced by the proposed lease area.
The appearance of the facility will look like a triangular tower structure with three sets of
gray screening panels attached to three gray structural pole supports. An analog clock
face would be visible on the northeast facing panel only. A landscape design would
be integrated into the tower above the clock, with no contrasting color from the rest of
the tower structure. No advertising is allowed on the tower, and none is proposed.
The proposed Wireless Communication Facility will exceed a slope of 100:1 for a
distance of 20,000 feet (3.79 miles) from the nearest point of a runway at the North Las
Vegas Airport that is greater than 3,200 feet in length. Comments received from the
Clark County Department of Aviation included the following:
Federal Aviation Regulations (Title 14, Part 77) require that the Federal Aviation
Administration (FAA) be notified before the construction or alteration of any building
or structure greater than 200 feet in height ( 77.13(a)(1)) or that will exceed a slope
of 100:1 for a distance of 20,000 feet from the nearest point of any airport runway
greater than 3,200 feet in length ( 77.13 (a)(2)(i)). Such notification allows the FAA
to determine what impact, if any, the proposed development will have upon
navigable airspace, and allows the FAA to determine whether the development
requires obstruction marking or lighting.
The proposed development will exceed the 100:1 notice requirement for the North
Las Vegas Airport (VGT). Therefore, as required by 14 CFR Part 77, the FAA must
be notified of the proposed construction or alteration.
A condition of approval has been added to address this issue, and the applicant has
been notified of the FAA requirements relative to the proposed facility.
The proposed clock tower structure will adequately screen the wireless antennas, and
the facility will allow for collocation of future facilities; however, the facility would be
located in a prominent (visible) location in the shopping center, rather than in a less
obtrusive location. Although the site will maintain adequate parking levels per Code
requirements, there are many uses (mainly restaurants) that are parking intensive and
need additional spaces to accommodate customers. It is not recommended to reduce
the current number of parking spaces for this reason. As the use is determined to not
be harmonious and compatible with the surrounding uses, staff recommends denial,
with conditions if approved.

SS

SUP-67447 [PRJ-66664]
Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

FINDINGS (SUP-67447)
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 clock tower panels conceal arrays of 12 antennas, and a decorative block
wall enclosure will screen all equipment from view. However, the proposed
Wireless Communication Facility, Stealth Design would be located in a very
prominent and visible location at the corner of Lake Mead Boulevard and Rock
Springs Drive, and the 80-foot structure is deemed to be inappropriate for this
location.

2.

The subject site is physically suitable for the type and intensity of land use
proposed.
The shopping center site contains an L-shaped building that is situated close to
the side and rear property lines, with a parking field and perimeter landscaping
occupying the remainder of the site. An unoccupied area of land is available for
this use behind the rear corner of the building that would be less visually
obtrusive, but this area was determined to be unsuitable for the use by the
applicant.

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 property is provided by Lake Mead Boulevard, a 110-foot Primary
Arterial as classified by the Master Plan of Streets and Highways, and Rock
Springs Drive, an 80-foot Minor Street. The existing roadway capacity is sufficient
to meet the requirements for the proposed Wireless Communication Facility,
Stealth Design 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 proposed clock tower facility will be subject to building permit and inspection,
as well as conformance with FAA safety regulations, thereby protecting the public
health, safety and welfare.

SS

SUP-67447 [PRJ-66664]
Staff Report Page Six
December 13, 2016 - Planning Commission Meeting

5.

The use meets all of the applicable conditions per Title 19.12.
The proposed facility did not meet Title 19 criteria for a conditional use and was
therefore deemed to require a Special Use Permit.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a General Plan Amendment (GPA-5205) to
change the land use designation from PF (Public Facilities) to SC
(Service Commercial) on 4.18 acres at the southwest corner of Lake
Mead Boulevard and Rock Springs Drive. The Planning Commission
and staff recommended approval.
11/17/04
The City Council approved a Rezoning (ZON-5206) from U
(Undeveloped) [PF (Public Facilities) General Plan Designation] to C-1
(Limited Commercial) on 4.18 acres at the southwest corner of Lake
Mead Boulevard and Rock Springs Drive. The Planning Commission
and staff recommended approval.
The City Council approved a Site Development Plan Review (SDR5711) for a proposed 40,125 square-foot commercial development
with Waivers of building placement, perimeter landscape buffer widths
03/16/05
and front, side and rear setback standards on 4.18 acres at the
southwest corner of Lake Mead Boulevard and Rock Springs Drive.
The
Planning
Commission
recommended
approval;
staff
recommended denial.
Code Enforcement processed a Case (166740) at the request of the
property manager to investigate tenants for display of temporary
05/11/16
signage at 7175 West Lake Mead Boulevard. The case was resolved
05/19/16.
Department of Planning staff denied a Conditional Use Verification
(CUV-66441) for a proposed 80-foot tall Wireless Communication
08/25/16
Facility, Stealth Design at the southwest corner of Lake Mead
Boulevard and Rock Springs Drive, as it was deemed incompatible
with the surrounding area and adjacent uses.

Most Recent Change of Ownership


04/01/15
A deed was recorded for a change in ownership.

SS

SUP-67447 [PRJ-66664]
Staff Report Page Seven
December 13, 2016 - Planning Commission Meeting

Related Building Permits/Business Licenses


A building permit (#05008054) was issued for a shell building at 7175
11/17/05
West Lake Mead Boulevard. A final inspection was approved
03/01/07.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
issues and submittal requirements related to a Special Use Permit
application. The design was originally for a monopalm facility, which
09/06/16
was later redesigned after the pre-application meeting. It was
determined that the facility would not encroach into either public rightof-way.

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

Field Check
11/03/16

The corner of the property contains a bermed landscape buffer


containing a light standard, Mexican Fan Palm trees and numerous
shrubs. The parking area behind the buffer contains a row of 90degree parking spaces situated perpendicular to Rock Springs Drive.

Details of Application Request


Site Area
Net Acres
3.50

Surrounding
Property
Subject
Property
North

Existing Land
Use Per Title
19.12
Shopping Center
General Retail
Store
(Convenience
Store)

Planned or Special
Land Use
Designation
SC (Service
Commercial)
SC (Service
Commercial)

Existing Zoning
District
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)

SS

SUP-67447 [PRJ-66664]
Staff Report Page Eight
December 13, 2016 - Planning Commission Meeting

Surrounding
Property

South

East
West

Existing Land
Use Per Title
19.12
Restaurant with
Drive-Through
Liquor
Establishment
(Tavern)
Non-restricted
Gaming
Restaurant without
Drive-Through
Auto repair
Garage, Minor
General Retail
Store (vacant)
Restaurant with
Drive-Through
Office, Other Than
Listed

Planned or Special
Land Use
Designation

Existing Zoning
District

SC (Service
Commercial)

C-1 (Limited
Commercial)

SC (Service
Commercial)
SC (Service
Commercial)

C-1 (Limited
Commercial)
C-1 (Limited
Commercial)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
A-O (Airport Overlay) District (175 Feet)
Other Plans or Special Requirements
Trails (Pedestrian Path Lake Mead Blvd.)
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification
Assessment)
Project of Regional Significance

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

DEVELOPMENT STANDARDS
Pursuant to Title 19.08, the following standards apply:
Standard
Required/Allowed
Min. Lot Size
N/A
Min. Lot Width
100 Feet

Provided
152,460 SF
274 Feet

Compliance
N/A
Y

SS

SUP-67447 [PRJ-66664]
Staff Report Page Nine
December 13, 2016 - Planning Commission Meeting

Standard
Min. Setbacks
Front
Side
Corner
Rear
Max. Lot Coverage
Max. Building Height
Mech. Equipment

Required/Allowed

Provided

Compliance

10 Feet
10 Feet
10 Feet
20 Feet
50 %
N/A

10 Feet
208 Feet
34 Feet
522 Feet
27 %
80 Feet
Screened
by CMU
walls and
landscaping

Y
Y
Y
Y
Y
N/A

Screened

Pursuant to Title 19.08 and approved Site Development Plan Review (SDR-5711), the
following standards apply:
Landscaping and Open Space Standards
Approved
Provided
Compliance
Standards
Ratio
Trees
Buffer Trees:
North
1 Tree / 20 Linear Feet
23 Trees
27 Trees
Y
South
N/A
0 Trees
N/A
N/A
East
1 Tree / 20 Linear Feet
13 Trees
11 Trees
N
N/A
0 Trees
N/A
N/A
West
TOTAL PERIMETER TREES
36 Trees
38 Trees
Y
1 Tree / 6 Uncovered
Parking Area
Spaces, plus 1 tree at the
36 Trees
36 Trees
Y
Trees
end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
15 Feet
15 Feet
Y
South
5 Feet
5 Feet
Y
East
15 Feet
15 Feet
Y
West
0 Feet
0 Feet
Y

SS

SUP-67447 [PRJ-66664]
Staff Report Page Ten
December 13, 2016 - Planning Commission Meeting

Street Name

Functional
Classification
of Street(s)

Lake Mead Blvd

Primary Arterial

Rock Springs Dr

Minor Street

Governing
Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

110

80

N/A

Master Plan of
Streets and
Highways Map
Title 13.12

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Use

Gross Floor
Area or
Number of
Units

Shopping
Center

40,292 SF

Required
Parking
Parking
HandiRatio
Regular
capped

1 space
per 250
SF GFA

162

TOTAL SPACES REQUIRED


Regular and Handicap Spaces Required

162
156

Provided
Parking
HandiRegular
capped

196
189

Compliance

Y
Y

SS

SUP-67447

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SUP-67447

SUP-67447 [PRJ-66664] - SPECIAL USE PERMIT - APPLICANT: VERIZON WIRELESS, ET AL - OWNER:


ROCKSPRINGS RETAIL INVESTORS, LLC
SOUTHWEST CORNER OF LAKE MEAD BOULEVARD AND ROCK SPRINGS DRIVE
11/03/2016

SUP-67447 [PRJ-66664] - SPECIAL USE PERMIT - APPLICANT: VERIZON WIRELESS, ET AL - OWNER:


ROCKSPRINGS RETAIL INVESTORS, LLC
SOUTHWEST CORNER OF LAKE MEAD BOULEVARD AND ROCK SPRINGS DRIVE
11/03/2016

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CITY OF LAS VEGAS


PLANNING COMMISSION AND CITY COUNCIL
RECOMMENDATIONS / COMMENTS

FROM:

CLARK COUNTY DEPARTMENT OF AVIATION

APPLICATION NUMBERS:

SUP-67447

PROJECT:

80 CLOCK CELL TOWER

LOCATION:

138-22-701-007

MEETING DATES:

DECEMBER 13, 2016 PLANNING COMMISSION &


JANUARY 18, 2017, CITY COUNCIL

COMMENTS:
Federal Aviation Regulations (Title 14, Part 77) require that the Federal Aviation Administration
(FAA) be notified before the construction or alteration of any building or structure greater than
200 feet in height ( 77.13(a)(1)) or that will exceed a slope of 100:1 for a distance of 20,000
feet from the nearest point of any airport runway greater than 3,200 feet in length ( 77.13
(a)(2)(i)). Such notification allows the FAA to determine what impact, if any, the proposed
development will have upon navigable airspace, and allows the FAA to determine whether the
development requires obstruction marking or lighting.
The proposed development will exceed the 100:1 notice requirement for McCarran International
Airport (LAS). Therefore, as required by 14 CFR Part 77, the FAA must be notified of the
proposed construction or alteration. The CCDOA requests that the City of Las Vegas impose
the conditions listed below for the project:

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;
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.
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.
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.

Agenda Item No.: 60.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-67474 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: THE
SILVIA BRUNN FAMILY TRUST - For possible action on a request for a Special Use Permit
FOR A PROPOSED BED & BREAKFAST INN USE WITH A WAIVER TO ALLOW ONE
GUESTROOM WHERE TWO IS THE MINIMUM REQUIRED at 2508 Callita Court (APN
162-05-715-019), R-1 (Single Family Residential) Zone, Ward 1 (Tarkanian) [PRJ-67441]. Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

SUP-67474 [PRJ-67441]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: THE SILVIA BRUNN FAMILY TRUST

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SUP-67474

RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:

REQUIRED FOR
APPROVAL
N/A

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

293

APPROVALS

PROTESTS

27

RG

SUP-67474 [PRJ-67441]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

SUP-67474 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Bed &
Breakfast Inn use.

2.

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

3.

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

4.

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

5.

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

RG

SUP-67474 [PRJ-67441]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
This is a request for a Special Use Permit for a proposed Bed & Breakfast Inn use at
2508 Callita Court.
ISSUES

A Bed & Breakfast Inn use is permitted in the R-1 (Single Family Residential) zoning
district with the approval of a Special Use Permit.
A Waiver request of Title 19.12 is needed, to allow one guest bedroom where two is
the minimum required. Staff recommends denial of this request.

ANALYSIS
The subject property contains a single-family. The property is in the airport overlay and
the proposed use will not affect the overlay. The applicant is requesting to allow one
guest bedroom, where two is the minimum required.
A Bed & Breakfast Inn use is permitted in the R-1 (Single Family Residential) zoning
district with the approval of a Special Use Permit. Additionally, the following analysis is
required:
The Bed & Breakfast Inn use is defined as A facility wherein overnight
accommodations and a morning meal are provided in a dwelling unit to tourists for
compensation. The proposed use meets the definition as the applicant will host
tourists for compensation to stay at the subject property.
The Minimum Special Use Permit Requirements for this use include:
1. The establishment must have a minimum of two and a maximum of five guest
bedrooms.
The applicant is requesting a waiver to allow one guest bedroom.
recommends denial of this request.

Staff

RG

SUP-67474 [PRJ-67441]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

2. Required on-site parking for guest bedrooms shall be screened by a 6 foot fence
or by dense landscaping.
The site plan submitted provided Italian Cypress trees along the southeast
portion of the property to provide screening of the on-site parking.
3. Access to the parcel on which the establishment is located must be by means of
a paved street with a right of way width of at least 50 feet.
The proposed use meets this requirement, as access to the parcel is by Callita
Court a paved street with a right of way width that is 50 feet.
4. Cooking facilities for guest rooms are not permitted.
The proposed use meets this requirement as the establishment will use the
cooking facility of the existing single-family dwelling.
5. The Department of Fire and Rescue must inspect and approve the occupancy of
an establishment before it may be used as a bed and breakfast inn.
The proposed use meets this requirement and prior to business license issuance,
an inspection by the Department of Fire and Rescue will be conducted.
6. Individual guest occupancy is limited to no more than one month in any 3-month
period.
The proposed use meets this requirement the guest occupancy will be days at a
time.
7. No sale or display of merchandise or other commodities may occur in connection
with the establishment.
The proposed use meets this requirement, as no other sale or display of
merchandise or other commodities will take place in connection with the
proposed use.
8. Private functions such as weddings, receptions, luncheons, parties and similar
activities are not permitted, except to the extent such activities represent
personal activities of the owner/ resident.
RG

SUP-67474 [PRJ-67441]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

The proposed use meets this requirement, as the applicant will be hosting
between one to three people only and no other activities will be provided at this
location.
9. Not more than one on premise sign shall be permitted. With respect to that sign:
a. The copy may contain only the name and address of the establishment.
b. The sign may not exceed 3 square feet in size or 4 feet in height.
c. The sign may be freestanding or may be located on the dwelling itself or
on a fence or wall.
d. Any sign illumination must be exterior to the sign and must be shielded so
as not to produce glare upon an adjacent property or a public right of way.
e. The design materials and colors of the sign must be compatible with the
architectural style of the dwelling.
The proposed use meets requirement, as there is no signage proposed for this
proposed use.
The proposed Bed & Breakfast Inn use will not be compatible with the surrounding
residential uses due the waiver request to allow for one guest bedroom. In addition, the
use will be located within a residential subdivision, within 660 feet of two approved
Short-Term Residential Rental uses. While there is no requirement for distance
separation for the Bed and Breakfast use, the Short-Term Residential Rental use is very
similar and does require separation from other rental uses. The establishment of this
commercial use of a single family residence at the proposed location is too intense for
the surrounding residential uses. Therefore, staff recommends denial. If this
application is approved, it is subject to conditions.

FINDINGS (SUP-67474)
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.
RG

SUP-67474 [PRJ-67441]
The proposed land use cannot be conducted in a manner that is harmonious and
compatible with the existing surrounding land uses due to the waiver request to
allow one guest bedroom where two is the minimum required.

RG

SUP-67474 [PRJ-67441]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

2.

The subject site is physically suitable for the type and intensity of land use
proposed.
The subject site is not physically suitable for the type and intensity of land use
proposed due to the waiver request to allow one guest bedroom where two is the
minimum required.

3.

Street or highway facilities providing access to the property are or will be


adequate in size to meet the requirements of the proposed use.
The facility can be accessed from Callita Court, a local street that is adequate in
size to accommodate the proposed Bed & Breakfast Inn use.

4.

Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.
The approval of the Special Use Permit on this subject property will be subject to
condition of approval and business license approval and compliance. The
Department of Fire and Rescue must inspect and approve the occupancy of an
establishment before it may be used as a bed and breakfast inn.

5.

The use meets all of the applicable conditions per Title 19.12.
The proposed use does not meet all of the applicable conditions of Title 19.12.
The use requires a minimum of two guest bedrooms and the proposed use will
provide only one guest bedroom.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
There is no relevant city actions found for this property.

Most Recent Change of Ownership


02/26/14
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#7879-14) was issued for a Single-Family Dwelling
01/12/81
at 2508 Callita Court. The permit was finalized on 05/18/81.

RG

SUP-67474 [PRJ-67441]
Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

Pre-Application Meeting
A pre-application meeting was conducted with the applicant and
discussed the submittal requirements for a Special Use Permit
10/26/16
application for the proposed Bed & Breakfast Inn use at 2508 Callita
Court.

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

Field Check
11/03/16

A field check by staff observed the single-family residence and noted


the site is well maintained.

Details of Application Request


Site Area
Net Acres
0.21

Surrounding
Property
Subject
Property
North
South
East
West

Existing Land
Use Per Title
19.12
Single Family,
Detached
Single Family,
Detached
Single Family,
Detached
Single Family,
Detached
Single Family,
Detached

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

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
A-O (Airport Overlay) District

Existing Zoning
District
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)

Compliance
N/A
Compliance
Y or N

RG

SUP-67474 [PRJ-67441]
Staff Report Page Six
December 13, 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

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

DEVELOPMENT STANDARDS

Street Name
Callita Court

Functional
Classification
of Street(s)
Local Street

Actual
Street Width
(Feet)
60

Governing
Document
Title 13

Compliance
with Street
Section
Y

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Use

Gross Floor
Area or
Number of
Units

Bed &
One guest
Breakfast Inn room

Required
Parking
Parking
HandiRatio
Regular
capped

2 spaces
for
primary
resident,
1 spaces
for each
guest
room

TOTAL SPACES REQUIRED


Regular and Handicap Spaces Required

Provided
Parking
HandiRegular
capped

Compliance

3
3

N/A

3
3

Y
Y

N/A

RG

SUP-67474

SUP-67474

7A

7b7b

SUP-67474

SUP-67474

7b7b

SUP-67474

SUP-67474

SUP-67474

SUP-67474

SUP-67474 [PRJ-67441] - SPECIAL USE PERMIT - APPLICANT/OWNER: THE SILVIA BRUNN FAMILY
TRUST
2508 CALLITA COURT
11/03/2016

SUP-67474 [PRJ-67441] - SPECIAL USE PERMIT - APPLICANT/OWNER: THE SILVIA BRUNN FAMILY
TRUST
2508 CALLITA COURT
11/03/2016

SUP-67474 [PRJ-67441] - SPECIAL USE PERMIT - APPLICANT/OWNER: THE SILVIA BRUNN FAMILY
TRUST
2508 CALLITA COURT
11/03/2016

SUP-67474

SUP-67474

SUP-67474

Agenda Item No.: 61.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-67489 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
HARRISON PROPERTIES, LTD - For possible action on a request for a Special Use Permit TO
ALLOW AN AUTOMOBILE RENTAL USE at 725 South Las Vegas Boulevard, Suite #260
(APN 139-34-401-020), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-67423]. Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/18/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcard

SUP-67489 [PRJ-67423]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: HARRISON PROPERTIES, LTD

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SUP-67489

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends DENIAL, if approved subject to


conditions:

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

326

APPROVALS

PROTESTS

33

CS

SUP-67489 [PRJ-67423]
Conditions Page One
December 13, 2016 - Planning Commission Meeting

** CONDITIONS **

SUP-67489 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for an


Automobile Rental use.

2.

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

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.

CS

SUP-67489 [PRJ-67423]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting a Special Use Permit for a proposed 288 square-foot
Automobile Rental Use to be located within an existing commercial development at 725
South Las Vegas Boulevard, Suite #260. The proposed use cannot be conducted in a
manner that is harmonious and compatible with the neighborhood and adjacent
commercial uses; therefore, staff recommends denial of the request.

ISSUES

A Special Use Permit is required for an Automobile Rental use when the proposed
facility falls under the minimum site area of 25,000 square feet.

ANALYSIS
The subject site of the proposed Automobile Rental Use is located within a commercial
development along Las Vegas Boulevard. Some of the current uses within this
commercial development include: general retail businesses, a pawn shop, a night club
and a tavern. Per the submitted justification letter, it is the applicants intention to rent
out tri-mobile vehicles, motorcycles and scooters to patrons aged 21 and over. The
bulk of the vehicles will be stored at a satellite location and will only be brought to the
subject site when a rental is requested. Five parking spaces will be used for staging
when a rental request is made. One tri-mobile vehicle will remain on-site during
business hours for display purposes.
Per Title 19.12, the Automobile Rental use is defined as A facility for the rental of new
or used automobiles or other passenger vehicles. For purposes of the limitations of this
Title on outside storage, vehicles kept on a lot for rental purposes are not considered to
be outside storage The proposed use meets this definition per the submitted
justification letter and plans.
The Minimum Special Use Permit Requirements for this use include:
1. No more than 5 rental vehicles shall be stored on the site at any
The requirement is met per site plan dated stamped 10/27/16 and Justification
letter date stamped 10/27/16 as only five parking spaces will be utilized.
CS

SUP-67489 [PRJ-67423]
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

2. No vehicles shall be offered for sale on the premises.


This requirement is met per site plan date stamped 10/27/16 and the use will be
subject to regular business licensing inspections.
3. The installation and use of an outside public address or bell system is prohibited.
This requirement is met as the applicant has not proposed to utilize any type of
outside public address or bell system.
4. No used or discarded automotive parts or equipment shall be located or stored in
any open area outside of an enclosed building.
This requirement is met as the applicant not proposed to store any automotive
parts in any open outdoor areas per site plan date stamped 10/27/16.
5. All exterior lighting shall be screened or otherwise designed so as not to shine
directly onto any adjacent parcel of land.
This requirement is met as no exterior lighting has been proposed per site plan
date stamped 10/27/16.
6. Service bays for repairs, installations, cleaning or gas dispensing services facing
a public street or a residential zoning district shall be screened to a height of at
least 8 feet
This requirement is met per site plan date stamped 10/27/16.
The proposed use is located within the Downtown Centennial Plan Special Area.
Though, projects located within the Las Vegas Downtown Centennial Plan area are not
subject to the automatic application of parking requirements, the existing shared parking
lot that will be utilized by the proposed Automobile Rental use is severely parking
impaired. According to the submitted site plan, the shared parking lot will only have 33
available parking spaces with the addition of the proposed Automobile Rental use. A
commercial development with the same uses in another location of the city would be
required to provide a total of 176 parking spaces. Per the submitted justification letter,
the applicant states that parking staff is on hand to direct traffic within the parking lot
and that overflow traffic is directed to permissible adjacent parking lots and city metered
streets. Employees of the property also have reserved parking in an adjacent lot.
Due to the lack of available parking for the existing uses, staff finds that the proposed
use cannot be conducted in a manner that is harmonious and compatible with the
neighborhood and adjacent commercial uses; therefore, staff recommends denial of the
request.
CS

SUP-67489 [PRJ-67423]
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

FINDINGS (SUP-67489)
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 Automobile Rental use is located within the Downtown Centennial
Plan Downtown South District. Mixed-use development is encouraged within
this district, however insufficient parking will prevent the proposed use from
integrating harmoniously within the existing commercial development.

2.

The subject site is physically suitable for the type and intensity of land use
proposed.
The subject site is not physically suitable to accommodate the parking needs of
the proposed Automobile Rental 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 Las Vegas Boulevard, a 100-foot Primary Arterial as
designated in the Master Plan of Streets and Highways. Due to the lack of
parking, it is possible for traffic back up along Las Vegas Boulevard from patrons
trying to enter the subject site.

4.

Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.
Approval of this proposed Special Use Permit will compromise the public health,
safety and general welfare of the public. If approved, the use would be subject to
regular inspections and subject to licensing restrictions.

5.

The use meets all of the applicable conditions per Title 19.12.
The proposed use meets all applicable conditions of Title 19.12.

CS

SUP-67489 [PRJ-67423]
Staff Report Page Four
December 13, 2016 - Planning Commission Meeting

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Board of Zoning Adjustment approved a request for a Special Use
Permit (U-0141-89) to allow a Class III secondhand dealership for the
09/28/89
buying and selling of used gold, silver and jewelry on property located
at 725 South Las Vegas Boulevard.
The City Council approved a Special Use Permit (SUP-32815) for a
proposed Bailbond Service at 729 South Las Vegas Boulevard. The
03/18/09
Planning Commission recommended approval of the request on
02/12/09.
The City Council approved a Variance (VAR-48762) to allow a
proposed projecting sign on the same property as an existing
06/19/13
freestanding sign where such is not allowed at 713 South Las Vegas
Boulevard. The Planning Commission recommended approval of the
request on 05/14/13.
The City Council approved a Site Development Plan Review (SDR55324) for an 11,708 square-foot commercial building with a waiver of
10/15/14
the Downtown Centennial Plan Architectural Design Standards at 725,
729 and 731 South Las Vegas Boulevard. Planning Commission and
staff recommended approval.
Staff administratively approved a Final Map (FMP-56613) for reversion
to acreage of 10 lots on 0.78 acres on the east side of Las Vegas
11/06/14
Boulevard, approximately 50 feet north of Gass Avenue. The Final
Map was recorded on 01/06/15.
The Planning Commission approved a Special Use Permit (SUP57326) for a 1,152 square-foot Tavern-Limited Establishment use
(ground level) at 725, 729 and 731 South Las Vegas Boulevard. Staff
recommended approval.
02/10/15
The Planning Commission approved a Special Use Permit (SUP57327) for an 864 square-foot Tavern-Limited Establishment use with
288 square feet of outdoor seating area (second level) at 725, 729 and
731 South Las Vegas Boulevard. Staff recommended approval of the
request.
The Planning Department approved a request (SUP-66178) for a
Minor Amendment to approved Special Use Permit (SUP-57327) for a
10/28/15
proposed 569 square-foot outdoor patio addition to an existing 1,152
square-foot Tavern-Limited Establishment use at 725 South Las
Vegas Boulevard, Suite #210.

CS

SUP-67489 [PRJ-67423]
Staff Report Page Five
December 13, 2016 - Planning Commission Meeting

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


The Planning Commission approved a Special Use Permit (SUP62344) for a Major Amendment to approved Special Use Permit (SUP57327) to allow a 1,718 square-foot outdoor patio addition to an
01/12/16
existing 1,152 square-foot tavern-limited establishment use at 725
South Las Vegas Boulevard, Suite #210. Staff recommended approval
of the request.
Most Recent Change of Ownership
12/05/94
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A business license (#P63-00325) was issued for a Tavern-Limited
(Ricks Rollin Smoke Barbecue) at 725 South Las Vegas Boulevard,
Suite #210. The license is currently temporarily active.
10/01/15
A business license (#G63-05865) was issued for a Night Club (Ricks
Rollin Smoke Barbecue) at 725 South Las Vegas Boulevard, Suite
#210. The license is currently active.
A business license (#G64-08074) was issued for a Handbill
11/04/16
Distribution operation at 725 South Las Vegas Boulevard. The license
is currently active.
A business license (#G63-09556) was issued for a Cosmetology
01/06/16
Establishment at 725 South Las Vegas Boulevard, Suite #240. The
license is currently active.
A business license (#G64-04187) was issued for a T-shirt print shop at
06/07/16
725 South Las Vegas Boulevard, Suite #230. The license is currently
active.
Pre-Application Meeting
Staff conducted a pre-application meeting with the applicant where
10/27/16
the submittal requirements and deadlines were reviewed.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.

Field Check
11/03/16

During a routine site inspection staff noticed a well maintained


commercial development.
CS

SUP-67489 [PRJ-67423]
Staff Report Page Six
December 13, 2016 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres
0.77

Surrounding
Property

Existing Land
Use Per Title
19.12

Planned or Special
Land Use
Designation

Subject
Property

General Retail

MXU (Mixed Use)

Parking Lot

MXU (Mixed Use)

Pawn Shop

C (Commercial)

Bailbond Service

MXU (Mixed Use)

North

South
East
West

Office, Other than


Listed
Office, Other than
Listed

MXU (Mixed Use)


C (Commercial)

Master Plan Areas


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

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

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

CS

SUP-67489 [PRJ-67423]
Staff Report Page Seven
December 13, 2016 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Street Name
Las Vegas
Boulevard

Functional
Classification of
Street(s)

Governing
Document

Actual
Street
Width
(Feet)

Complian
ce with
Street
Section

Primary Arterial

Master Plan of Streets


and Highway

100

Parking Requirement - Downtown


Gross
Base Parking Requirement
Provided
Compliance
Floor
Parking
Parking
Use
Area or
Parking
HandiHandiRegular
Regular
Number
Ratio
capped
capped
of Units
1:50 SF of
3,141 SF
public
63
seating area
Tavern1:200 SF of
Limited
remaining
Establishme
GFA, with a
nt
298 SF
10
minimum of
10 spaces
required
General
9,116 SF
1:175 SF
52
Retail
11,824
Pawn Shop
1:250 SF
48
SF
Automobile
288 SF
1:200 SF
3
Rental
TOTAL SPACES REQUIRED
176
33
N*
Regular and Handicap Spaces
N*
170
6
33
3
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.

CS

SUP-67489

SUP-67489

SUP-67489

SUP-67489

SUP-67489

SUP-67489

SUP-67489

SUP-67489

SUP-67489

SUP-67489

 77 7 7 7 7 7
7 7 7 7 7 7 7 7


(7 7

SUP-67489

SUP-67489

7
b

SUP-67489 [PRJ-67423] - SPECIAL USE PERMIT - APPLICANT/OWNER: HARRISON PROPERTIES, LTD


725 SOUTH LAS VEGAS BOULEVARD, SUITE #260
11/03/2016

SUP-67489 [PRJ-67423] - SPECIAL USE PERMIT - APPLICANT/OWNER: HARRISON PROPERTIES, LTD


725 SOUTH LAS VEGAS BOULEVARD, SUITE #260
11/03/2016

SUP-67489 [PRJ-67423] - SPECIAL USE PERMIT - APPLICANT/OWNER: HARRISON PROPERTIES, LTD


725 SOUTH LAS VEGAS BOULEVARD, SUITE #260
11/03/2016

SUP-67489

Agenda Item No.: 62.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
DIR-67375 - DIRECTOR'S BUSINESS - PUBLIC HEARING - APPLICANT/OWNER: CITY
OF LAS VEGAS - For discussion and possible action on a request for the Election of the 2017
Planning Commission Officers. Staff has NO RECOMMENDATION.
P.C.: FINAL ACTION
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff has NO RECOMMENDATION
BACKUP DOCUMENTATION:
None

Agenda Item No.: 63.

AGENDA SUMMARY PAGE


PLANNING COMMISSION MEETING OF: DECEMBER 13, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
DIR-67582 - DIRECTOR'S BUSINESS - PUBLIC HEARING - APPLICANT/OWNER: CITY
OF LAS VEGAS - For discussion and possible action on a presentation of the Rainbow
Boulevard North Corridor Plan, Wards 4 (Anthony) and 6 (Ross). Staff recommends
APPROVAL.
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL.
BACKUP DOCUMENTATION:
1. Staff Report
2. DRAFT Rainbow Boulevard North Corridor Plan

DIR-67582

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** STAFF RECOMMENDATION **

CASE
NUMBER

RECOMMENDATION

DIR-67582

Staff recommends APPROVAL

REQUIRED FOR
APPROVAL

** NOTIFICATION **

NOTICES MAILED

NEWSPAPER ONLY

APPROVALS

PROTESTS

LM/MH

DIR-67582
Staff Report Page One
December 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
This is a presentation of the Rainbow Boulevard North Corridor Plan final draft. The
Rainbow Boulevard North Corridor Plan (from here on out, referred to as the Plan)
focuses on the neighborhoods within a quarter-mile radius from the North Rainbow
Boulevard centerline, bound by CC-215 to the north and by West Lone Mountain Road
to the south, for a linear section of 1.6 miles. The analysis and the recommendations
contained in the Plan have been formulated according to the Las Vegas 2020 Master
Plan and its Land Use and Rural Neighborhoods Preservation Element; feedback
collected through neighborhood meetings and an online survey has also been
incorporated into the document. The Plan serves as a guiding document designed to
offer insights on the preferred land use and development scenario as well as the reevaluation of the public right-of-way components to enhance existing community
amenities in the long-term.

ISSUES
The Rainbow Corridor has a specific rural residential character that in the most recent
year has been affected by changes in land use as well as by mobility patterns derived
by the classification of Rainbow Boulevard as a Primary Arterial. The Rainbow
Boulevard North Corridor Plans purpose is to approach community planning and
transportation planning as an intertwined process that focuses on Rainbow Boulevard
as a community corridor, and to recommend future actions that will preserve those
elements of the Corridor that have been recognized as critical by the existing
community.

ANALYSIS
The Plan defines North Rainbow Boulevard as a community corridor based on its
primary users, the existing adjacent land uses, its current function, and the overall
character of the area. The 1.6 miles section of North Rainbow Boulevard serves as a
multi-modal spine for buses, cars, bikes, and pedestrians that weaves together multiple
neighborhoods and serves primarily local residents that live within a distinctly
characterized area. Due to the fact that since 2015 there have been an increasing
number of land use changes within the Plan area, Staff deemed appropriate to further
assess the most recent trends in land use and development as well as their current and
projected impact on the existing neighborhoods; in this process, the information
gathered from current residents has been critical to the formulation of Staff
recommendations.
LM/MH

DIR-67582
Staff Report Page Two
December 13, 2016 - Planning Commission Meeting

The Rainbow Boulevard North Corridor Plan is divided into thirteen sections, outlined as
follows:

Overview and Purpose


Community Survey and Public Input
Plan Approach & Methodology
Scope of Plan
Inventory and Analysis
Community Profile
Land Use Profile
Corridor Physical Profile & Architectural Identity
Deficiencies and Discrepancies
Recommendations
Summary of Recommendations
Implementation and Monitoring
Appendices

The first step in the assessment of the Corridor has been the review of current policies
and plans that are valid for Rainbow Boulevard, such as the 2020 CLV Master Plan,
The Land Use and Rural Neighborhoods Preservation Element, and the CLV Title 19:
Unified Development Code. Also included is a review of The Clark County Master Plan
for lands that reside outside of city limits but are located along the corridor. The included
analysis involves a thorough examination of the community and its characteristics, as
well as the study of the past and current land use in the area.
The Study of the Rainbow Boulevard North Corridor highlighted a number of issues
related to two broad categories: a) land use; and b) mobility patterns. The key findings
with regards to these were:

Land Use: Recent land use changes have impacted the primarily residential land
use character of the area.
Mobility: The classification of Rainbow Boulevard as a Primary Arterial affects the
functionality of the area as a residential neighborhood and is not supported by
actual traffic levels.

Recommendations
recommendations:

in

the

Plan

are

divided

into

Short-term

and

Long-term

LM/MH

DIR-67582
Staff Report Page Three
December 13, 2016 - Planning Commission Meeting

Short-term: 1) Work with Clark County on Future Land Use of current non-city
parcels along Rainbow Boulevard to ensure desert rural is preserved in the area.
2) Implement Office land use designations where commercial activity is
expected. 3) Inventory of rural aspects and indicators. 4) Pursue grant funding
and alternative capital sources to improve amenities, neighborhood traffic
comfort levels and walkability along the corridor.

Long-term: 1) Select projects added to Capital Improvement Plan. 2) Develop


and implement Streetscape types for Corridor Character Areas.

In terms of implementation and monitoring, the Planning Department will: coordinate


with the Department of Public Works and explore the feasibility and possibility of
integrating the recommended ROW improvements; coordinate with Clark County to
address the current issues regarding ROW design that is currently under the County
jurisdiction; evaluate and assess on a yearly basis any proposed land use changes that
affect the Plan area.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
This item will be considered at the December 7, 2016 City Council
12/07/16
meeting.

Neighborhood Meeting
04/07/16
Conceptual Plan Introduction
07/14/16
Meeting with Timber Creek Neighborhood Association
12/01/16
Neighborhood Meeting: Final Draft Presentation

LM/MH

Planning Department Long Range Division

Rainbow Boulevard North Corridor PlanNovember 2, 2016

Rainbow Boulevard North Corridor Plan

DRAFT COPY

Planning Department Long Range Division

Rainbow Boulevard North Corridor PlanNovember 2, 2016

Table of Contents
Overview and Purpose ....................................................................................................... 3
Community Survey and Public Input .................................................................................. 7
Plan Approach & Methodology .......................................................................................... 9
Scope of Plan ................................................................................................................... 12
Inventory and Analysis ..................................................................................................... 14
Community Profile ........................................................................................................... 14
Land Use Profile ............................................................................................................... 15
Corridor Physical Profile & Architectural Identity............................................................. 17
Deficiencies and Discrepancies ........................................................................................ 20
Recommendations ........................................................................................................... 21
Summary of Recommendations ....................................................................................... 23
Implementation and Monitoring...................................................................................... 24
Appendices ...................................................................................................................... 25

Planning Department Long Range Division

Rainbow Boulevard North Corridor PlanNovember 2, 2016

Overview and Purpose


The Rainbow Boulevard North Corridor Plan (hereto referred to as the Plan) purpose is to
approach community planning and transportation planning as an intertwined process that
focuses on Rainbow Boulevard as a community corridor. We define here Rainbow Boulevard as
a community corridor based on its primary users, the existing adjacent land uses, its current
function, and the overall character of the area. Rainbow Boulevard serves as a multi-modal
spine (buses, cars, bikes, and pedestrians) that weaves together multiple neighborhoods and
serves primarily local residents that live within a distinctly characterized area. Problems
emanate when a rural community is losing its rural character because the primary roadway is
classified - but not operating- at an urban level. The 1.6-mile section of Rainbow Boulevard
located between Rancho Drive to the south and the CC-215 terminus to the north, and all
adjacent properties along the right-of-way, are designated as the Rainbow Boulevard Corridor.
Since 2015 there have been recent land use changes along Rainbow Boulevard, from Rancho
Drive up to the I-215 (corridor Plan area), where rural residential land has changed to a more
intensive commercial use.
Purpose of the Plan
The Plan will serve as a guide for residents, property owners and developers, staff, the
Planning Commission and City Council in making land use, design and development decisions
that are supportive of the immediate Plan area. Roadways are not simply a conduit for moving
vehicles, but in many instances can be a spine that establishes the character of the surrounding
community. Rainbow Boulevard has the ability to serve as the community spine and as
community amenity that transcends its purpose of merely moving vehicular traffic. Design
guidelines, if adopted as part of this Corridor Plan, can serve as an inspiration and quality guide
that supports and enhances the rural character throughout all current and future development
along the Rainbow Boulevard North Corridor, while balancing the needs for future development.
Establishing a sense of place along the corridor as a strategy for preserving what is left of the
rural character will give people something to defend. A vision for the Corridor is necessary
because what was once a unique place is slowly becoming a place of nowhere in particular.
On September 6, 2000 the Las Vegas City Council unanimously adopted The 2020 Master Plan
as the policy guide for all land use and zoning decisions. Additional plans, such as the Land
Use and Rural Neighborhoods Preservation Element have made recommendations specific to
Rainbow Corridor area. These detailed plans do not replace the 2020 Master Plan, but are
intended to serve as a guideline as to how development and preservation should occur in a
specific area of the city.

Planning Department Long Range Division

Rainbow Boulevard North Corridor PlanNovember 2, 2016

Current Rainbow Boulevard North Corridor:


The classification of Rainbow Boulevard in the Master Plan of Streets and Highways as a
Primary Arterial has been the justification for commercial land use changes generally centered
at the intersection of Ann Road and Rainbow Boulevard. Ann Road maintains an average daily
traffic flow count of over 16,000 eastbound and nearly 10,000 westbound vehicles, while
Rainbow Boulevard maintains approximately 2,500 southbound vehicles and 3,200 northbound
vehicles. All development sites are located along two primary arterial streets, and each site is
accessed by Rainbow Boulevard and Ann Road. However, due to increased traffic flow on Ann
Road, the residential land uses along the northeast corner of Rainbow Boulevard and Ann
Road, the southeast corner of Rainbow Boulevard and Ann Road, and the southeast corner of
Rainbow Boulevard and Rancho Drive have all been recently amended to Service and General
Commercial (C-2) land uses.
Traffic Trends on Rainbow Boulevard
Both Ann Road and Rainbow Boulevard are primary arterial streets that support a
daily average of nearly 32,000 drivers. Over 64% of daily travel is along Ann Road
(east and west bound) with peak traffic times at 7-8am and 5-6pm. The remaining
35% of daily travel is along Rainbow Boulevard (north and south bound) with peak
traffic times at 7-8am and 5-6pm.
The regulated speed limit along Ann Road is 45 MPH; regulated speed limit along
Rainbow Boulevard south of Ann Road to Rancho Drive is 45 MPH; and regulated
speed along Rainbow Boulevard north of Ann Road to the I-215 is 25 MPH.

Figure 1- Traffic trends Ann and Rainbow

Planning Department Long Range Division

Rainbow Boulevard North Corridor PlanNovember 2, 2016

City and County limits


Abutting Rainbow Boulevard north of Ann Road are four parcels that are part of
unincorporated Clark County. These parcels are zoned as Rural Neighborhood
(RN) or Rural Neighborhood Preservation (RNP). The areas where county islands
are present are visually disparate; sidewalks are not present along the front of
property, impacting land use flow.
Commercial Space
At the northwest corner of Rainbow Boulevard and Ann Road a 1.54-acre Limited
Commercial (C-1) zoned parcel was annexed from Clark County to the City of Las
Vegas September 2006 with an existing retail store; it is currently zoned Limited
Commercial (C-1) with existing pharmacy and retail store.
At the northeast corner of Rainbow Boulevard and Ann Road sits a 0.82-acre
Residence Estates (R-E) zoned lot that was recently annexed to the City of Las
Vegas from Clark County. A requested rezoning and land use change from
residential to commercial, to accommodate a 3,680 square feet Restaurant with
38 parking spaces and drive-through service on the lot, was also recently
approved.
At the southeast corner of Rainbow Boulevard and Ann Road two parcels totaling
1.64 acres requested and were approved for rezoning from Residential Estates
(R-E) to Limited Commercial (C-1), and land use change from Desert Rural (DR)
to Service Commercial (SC) to allow for neighborhood commercial development.
Project site set to construct two commercial buildings totaling 6,100 square feet: a
1,905 square-foot self-service car wash, and a 3,972 square-foot fuel pump
canopy. Six months later than these changes in land use, a third parcel of 1.05
acres adjacent to the new commercial uses requested and was approved for
rezoning from Residence Estates (R-E) to Limited Commercial (C-1), and land
use change from Desert Rural (DR) to Service Commercial (SC).
At the southeast corner Rainbow Boulevard and Rancho Drive five parcels
totaling 15 acres requested a General Plan Amendment for planned Medium LowAttached Residential (MLA) to General Commercial (GC) for vehicle sales and
auctions.
At the northwest corner of Rainbow Boulevard and Rancho Drive a convenient
store, tavern, church, two medical office spaces and four office spaces are zoned
General Commercial (C-2).
As it stands, commercial development along Rainbow Boulevard functions poorly.
Buildings are set back from the street with parking hindrances that do not fully
optimize space and restrict access. This retail design is auto-oriented and not
focused on pedestrians.

Planning Department Long Range Division

Rainbow Boulevard North Corridor PlanNovember 2, 2016

If commercial development continues to expand along the Rainbow Corridor, the


street may start operating as an overly-widened thoroughfare with an overemphasis on vehicle-oriented design and businesses (strip malls, imposing signs,
car washes & garages, and drive-through lanes). In terms of commercial use
viability on Rainbow Boulevard, another issue to consider is that Rainbow
Boulevard inevitably dead ends into the Clark County 215, which may affect
negatively any commercial use attempts along the north area of the corridor.
Alternative Transportation Modes
Overall, Rainbow Boulevard lacks a Complete Streets design.

Sidewalks are not fully compliant sidewalks.

Crosswalks are few along Rainbow Boulevard, and unsafe due to low
visibility and traffic.

There are no provisions for dedicated routes for bicyclists.

Pedestrian activity and connectivity of Rainbow Boulevard is low, making


the corridor visually uninteresting and less appealing.

Planning Department Long Range Division

Rainbow Boulevard North Corridor PlanNovember 2, 2016

Community Survey and Public Input


The content of the Rainbow Boulevard North Corridor Plan is built from the response collected
from the Plan area community. The Planning Department focused on an inclusive approach in
order to reflect the ideas and vision that the current residents have for Rainbow Boulevard
North. As a major part of this approach, staff has collected input through a web-based survey.
The feedback that emerged from the survey highlighted several important topics: results that
over 70% of the participating residents do not feel that the rural character of the neighborhood
is being maintained; at the same time, the community stated how one of the most valuable
aspects of Rainbow Boulevard North is the its rural residential character. In terms of nonresidential land use, the community also expressed its preference for having office spaces
instead of commercial establishments move within the area. As for input regarding the right-ofway and its features, the survey revealed a concern regarding road safety, and a favorable
opinion on a possible improvement of sidewalks, landscaping, lighting, and a possible allocation
of the right-of-way to bicycle-designated lanes. The survey results are represented in the
Figures two (2) and three (3).

Neighborhood Survey Results (15)


Do you feel that the rural character of the
neighborhood is being maintained?

Yes

What do you value most about your neighborhood?

No
27%

Rural area with single


family residences on
large / medium lots

73%

Given the recent approvals for a car wash, gas station and
restaurant with drive thru at the intersection of Ann and Rainbow,
what types of additional commercial uses, if any, would you like to
see locate at this intersection?

8
6
4
2
0

Shopping, services, and


other amenities are
located within a
convenient distance

1
4

Quiet / minimal noise

Able to own / raise


animals

Property value

Other:

Figure 2: Neighborhood Survey Results

Planning Department Long Range Division

Rainbow Boulevard North Corridor PlanNovember 2, 2016

Neighborhood Survey Results (15)


When it comes to traffic safety on Rainbow
Boulevard from Rancho to Ann Road, which of the
following is your highest concern?
Vehicle speed and
accidents

10

What type of amenities would you to see along Rainbow Boulevard from Rancho to
Ann Road? (Choose your top three)

Bicycle accidents

Pedestrian
accidents
Other:

10
8

6
4
How would you describe walking along Rainbow
Boulevard from Rancho to Ann Road?

1
2

1
5

Somewhat safemedium amount of


traffic/speed
Neutral- medium to
low traffic and safe
speeds
Safe- low traffic
and safe speeds

2
0

A wide strip of Street lighting on Bicycle lanes


Pedestrian On street parking Reduce Speed
landscaping
street and
Reduced speed
activated
Screen utility
Limit
between
pedestrian
limit
crosswalks
boxes
sidewalk and
walkways
(crosswalk lights)
street curb
(shrubs, trees,
etc.)

Very safe- very low


traffic and speeds

Figure 3: Neighborhood Survey Results

Planning Department Long Range Division

Rainbow Boulevard North Corridor PlanNovember 2, 2016

Plan Approach & Methodology


The first step in the assessment of the Corridor has been the review of current policies and
plans that are valid for Rainbow Boulevard. Among these documents, the City noted the
relevancy of: a) the 2020 CLV Master Plan and particularly its Land Use and Rural
Neighborhoods Preservation Element; b) the Clark County Master Plan; and c) the CLV Title
19: Unified Development Code. The Corridor Plan sought to link the existing policies and plans
to the challenges and issues that have been identified within the Plan area; in this regard,
community input has been essential to the outline of the perceived changes occurring along the
Corridor and the local feelings towards current community assets and development patterns.
Following is a collection of adopted policies and plans applicable to the Corridor:
Local and regional plans
I.
2020 CLV Master Plan
The Rainbow Corridor is located in the Northwest Sector and was identified as a
newly developing area in year 2000
a. POLICY 3.2.5: That the Northwest Sector Plan be amended to reflect the
outcome of a more detailed review of rural preservation issues and to offer
a set of recommendations regarding the Citys mandated role to protect
rural preservation neighborhoods.
II.

Land Use and Rural Neighborhoods Preservation Element


a. The Rural Preservation Overlay District is intended to preserve the rural
nature of designated neighborhoods located in the Southeast, Southwest
and Centennial Hills Sectors by attaching special importance to their rural
character and low density. Some characteristics of a rural preservation
neighborhood include single-family homes on large lots, non-commercial
raising of domestic animals, and a density limit of two units per acre. The
existing character of rural neighborhoods and communities is protected by
establishing boundaries to limit encroachment of higher density
development into protected areas.
b. OBJECTIVE 3.2: To ensure that rural preservation areas with distinctive
rural residential character are preserved and buffered from surrounding
higher density development, in accordance with the Nevada Revised
Statutes.
c. POLICY 3.2.1: That Rural Preservation Neighborhoods, as defined by the
State of Nevada, be afforded the required transitional buffer where such
portions of the required buffer area fall within the City of Las Vegas and are
lands that are currently vacant.
d. POLICY 3.2.2: That land within such rural preservation neighborhoods
located within portions of Clark County located north of Cheyenne Avenue
and west of Decatur Boulevard be annexed to the City of Las Vegas in
order to provide them with urban municipal services. Any additional tax
costs that would be borne by these property owners as a result of such
annexation would be phase into effect over several years

Planning Department Long Range Division

e.

Rainbow Boulevard North Corridor PlanNovember 2, 2016

POLICY 3.2.5: That the Northwest Sector Plan be amended to reflect the

outcome of a more detailed review of rural preservation issues and to offer


a set of recommendations regarding the Citys mandated role to protect
rural preservation neighborhoods.
f. In addition, state law directs the governing body to adopt zoning
regulations that are designed to ensure the protection of existing
neighborhoods and communities, including the protection of rural
preservation neighborhoods. In 1999 the Nevada State Legislature adopted
SB 391, which allowed for the creation and protection of rural preservation
neighborhoods. Because this state legislation expired on May 31, 2004, the
city of Las Vegas adopted a Rural Preservation Overlay District to continue
to protect the character of rural neighborhoods within the city
III.

IV.

Clark County Master Plan Title 30 (Applicable to adjacent, non-City properties)


a. 30.48.170 Purpose. The Residential Neighborhood Preservation Overlay
District, hereafter referred to as RNP, is established to ensure that the
character of rural and other residential development is preserved
b. 30.48.190 Standards: Property within an RNP shall be maintained as a
low density residential development, not to exceed an overall density of
two dwelling units per acre, except for the RNP-III, which shall not exceed
a density of 4 dwelling units per acre. Local supporting public facility uses
shall have appropriate buffering and setbacks.
c. Adequate buffer areas, screening, and an orderly and efficient transition of
land uses, as determined by the Board, shall be provided between the
RNP and a development with a higher density or intensity of use
UDC
a. 19.04 Complete Streets
i.
19.04.010 Street connectivity standards set forth are minimum
requirements and shall apply to all new development projects
whether utilizing public streets, private streets or private drives.
ii.
19.04.030 Vehicle/ Pedestrian Separation Management
1. Sidewalks shall be required on both sides of all
public and private streets in accordance with City
Standards
2. Sidewalks shall be provided adjacent to private
drives to separate pedestrian and vehicular
movements, which include, but are not limited to
commercial center drives, commercial driveways,
park entrances and multi-family residential
developments
3. Pedestrian roadway crossings not located at
intersections, also known as mid-block crossings,
must receive the approval of the City Traffic
Engineer prior to being marked or used for such
purposes.

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Planning Department Long Range Division

b.

Rainbow Boulevard North Corridor PlanNovember 2, 2016

iii. 19.04.040 Connectivity- a measurement of the


diversity of vehicular or pedestrian options a
transportation network provides within and around its
transportation network. It is measured using a
Connectivity Ratio. The higher the ratio, the more
options there are for travelers in a given neighborhood
and the lower the ratio, less options are available
iv. 19.04.060 Amenity Zone- may consist of an Amenity
Area, Sidewalk, Off-site Buffer Strip, and On-site
Planting Area. The Amenity Zone is intended to
enhance pedestrian access and safety, while providing
adequate space for landscaping and utility and public
safety features.
19.10.180 RP-O Rural Preservation Overlay District consists of those
areas that are deemed consistent with the definition and intent of a rural
preservation neighborhood. It is the intent of the Rural Preservation
Overlay District to:
i.
Ensure that the rural character of each rural preservation
neighborhood is preserved
ii.
Unless a rural preservation neighborhood is located within
three hundred thirty feet of an existing or proposed street or
highway that is more than ninety-nine feet wide, maintain the
rural character of the area developed as a low density
residential development
iii.
Establish a basis for the modification of standards for the
development of infrastructure to maintain the rural character of
the rural preservation neighborhood.
iv.
For any rezoning request for vacant property that is located
within three hundred thirty feet of a parcel within the Overlay
District, the City Council, for good cause shown, may approve a
greater density or intensity of use than that which exists within
the Overlay District

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Planning Department Long Range Division

Rainbow Boulevard North Corridor PlanNovember 2, 2016

Scope of Plan
Location and Boundaries
The Plan area boundaries consist of all properties located adjacent
to Rainbow Boulevard, between Rancho Drive and I-215.
Area of analysis consists of properties located mile (5 minute
walk) east and west of Rainbow Boulevard centerline.
The total Plan area covers 498 acres.
Feasible Limits to Transportation Improvements
No ROW expansion
Possible road diet/lane width recommendation
Consistent/adjusted speed limit (north of Ann 25mph, south of
Ann 45 mph)
Land Use Limits (development standards)
Current development standards
Requirements for a 19.10 overlay district

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Planning Department Long Range Division

Rainbow Boulevard North Corridor PlanNovember 2, 2016

Figure 4- The Rainbow Corridor area

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Planning Department Long Range Division

Rainbow Boulevard North Corridor PlanNovember 2, 2016

Inventory and Analysis


To provide a list of infrastructural and landscaping elements to work on, a detailed inventory
and analysis of the current situation along the Corridor is required. The Department of Planning
will work with Public Works when proposed changes within are identified within the Plan in
order to prioritize projects and work on a timeline for improvements.

Community Profile
Household Demographics along mile of Rainbow Boulevard North centerline, between
Rancho and I-215:
Population: There are currently 3,966 residents in the Plan area of the Rainbow
Corridor. Since 2005, the population for the overall Centennial Hills area has
more than doubled.
Income: Median household income is $71,302
Travel: Over 40% of residents have more than 2 cars in the household. Nearly 90%
comminute to work alone. The Rainbow Corridor has a higher rate of persons
who drive alone when commuting to work than the City as a whole (90% vs
77%). Conversely, corridor residents use public transportation and work at
home at a far lower rate than the City average. This could be a result of public
transportation being absent along the corridor north of Ann Road.
Between 2005 and 2014, traffic on Rainbow Boulevard north of Ann Road decreased by
17%. On Rainbow Boulevard south of Ann road, traffic increased by 13%.
During the same time, traffic decreased on Ann Road in proximity to Rainbow
Boulevard by 5%.
Race and Ethnicity:
a.
White: 55.7%
b.
Black: 13.8%
c.
Hispanic: 19.1%
d.
Asian: 6.4%
e.
Pacific Islander: 1.5%
f.
More than one race: 3.5%
Household:
c.
Size: 2.8
d.
Type:
i.
Married: 51.8%
ii.
Non Family: 27.0%
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Planning Department Long Range Division

iii.

Rainbow Boulevard North Corridor PlanNovember 2, 2016

Male/female head: 21.2


e.
Median Age: 35-54
f.
Education: 9.16%
High School Graduate or Greater
Housing choice:
There are roughly 1,071 dwelling units in the Rainbow Corridor area. Since 2005, the
number of residents and dwelling units has increased by 32.3% and 27.6%
respectively. The rate of home ownership is 70% in the corridor compared to
53% for the City, and approximately 86 percent of the corridors residents have
lived in the same dwelling unit for at least one year, compared to 75% for the
city of Las Vegas overall.
a.
b.
c.

Single family: 88%


Condominium: 11%
Duplex: 0.2%

Land Use Profile


The Rainbow Corridor Plan area covers a total of 498.48 acres. Rainbow Boulevard has
a limited variety of General Land Use and Zoning along the Corridor. Single family
Residential Estates (R-E) consisting of Medium-Low Density Residential (ML), Desert
Rural (DR), dominate the corridor. Limited Commercial (C-1) and Service Commercial
(SC) parcels are emerging on the northeast and southeast corners of Rainbow
Boulevard and Ann Road, and the southeast corner of Rainbow Boulevard and Rancho
Drive. However, established General Commercial (GC) has been located on the south
west corner of Rainbow Boulevard and Rancho Drive since 1965.
Commercial/Office: 0.80% of the total corridor Plan acreage
Along the southwest corner strip mall there are four office spaces. These
spaces are medical and health oriented businesses
Currently, eight other professional and business service establishments are
located throughout the Plan area.
Additional office spaces are zoned and will be added within the Corridor
Plan area at the Corner of Ann and Rio Vista ST
Commercial Service/Retail: 2.21% of the total corridor Plan acreage
A strip mall runs along the southwest corner of Rainbow Boulevard and
Rancho Drive where multiple food and entertainment establishments, as
well as one convenient store/ gas station are operating
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Planning Department Long Range Division

Rainbow Boulevard North Corridor PlanNovember 2, 2016

At the corner of Rainbow Boulevard and Ann Road there is currently only
one commercial business operating; three more are approved but not yet
constructed or in operating.
Residential: 63.13% of the total corridor Plan acreage
Single Family Residential (SFR) dominates the Corridor by covering 52%
(1,242 dwelling units). Aside from the corners of major intersections (with
the exception on southwest corner of Rainbow Boulevard and Ann Road),
single family residential uses run along Rainbow Boulevard and are
present throughout the Plan area.
Multi-Family Residential (MFR) are predominately at the South end of the
Plan area north and south of Rancho and Rainbow with complexes located
mid corridor. These complexes make up the 2.22% (171 dwelling units) of
the total corridor Plan area.
Siegfried and Roys Estate accounts for 9% of the total corridor Plan
acreage
Civic Schools, Parks, and churches: 5% of the total corridor Plan acreage
Two private day cares/ schools are located along Rainbow Boulevard. One
is located on Rainbow Boulevard just north of Ann Road; one is located on
Rainbow Boulevard just south of Hammer LN. Clark County School District
Joseph Neal Elementary School is located within the Plan area at Azure
Drive and Serene Drive. Schools and private day cares account for 3% of
the total corridor Plan area.
Estelle Neal Park at the corner of Tropical Parkway and Serene Drive is
located just south of Joseph Neal Elementary School. This park and other
open spaces account for 1% of the total corridor Plan area.
There are two churches located within the corridor. One is located on the
southwest corner of Rainbow Boulevard and Rancho Drive. Another is
located on the east side of Rainbow Boulevard in between Rancho Drive
and Ann Road. Together, churches make up 1.30% of the total corridor
Plan area.

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Planning Department Long Range Division

Rainbow Boulevard North Corridor PlanNovember 2, 2016

Corridor Physical Profile & Architectural Identity


1. Character Areas
In order to better understand and address the specific challenges of the Rainbow North Corridor
and identify proposals for future improvements, the Plan Area has been divided into three
Character Areas that present certain differences among them and similarities within
themselves, both in terms of physical form of the built environment and density and intensity of
land use. The three Character Areas are: a) Rancho Rainbow, located along the southern
stretch of Rainbow
Boulevard; b) Ann
Rainbow, located in the
central part of the Corridor;
and c) Tropical Rainbow,
located at the northern edge
of the Plan Area.
I.

Rancho Rainbow:
The Character Area
identified as Rancho
Rainbow constitutes
approximately 18% of the
Plan area and is the most
diverse in terms of land us.
It is also a very transitional
area that intersects one of
the Citys major corridors:
Rancho Drive. This section
is divided almost evenly
between residential and
commercial uses, with
zoning designations varying
from Single Family
Residential (R-1), to
Residential Planned
Figure 5- Rainbow North Corridor Character Areas
Development (R-PD2 and
R-PD18), and from Service
Commercial (SC) to General Commercial (C-2). More than 60% of the area (45.5 acres) hosts a
large parcel zoned Residence Estates (R-E) and only partially developed at the present time.
The parcels zoned as Limited Commercial (C-1) are still undeveloped and abut the Residence
Estates (R-E) property to the north and south side of it. The southernmost edge of the Rancho
Rainbow Character Area is a 15-acre parcel soon to be developed for commercial use. The
inherent transitional aspects of this Character Area and the fact that two large parcels of land
are still undeveloped makes Rancho Rainbow potentially vulnerable to de-characterization of
the neighborhood identity. In this case, however, because of the Rancho Drive and Rainbow
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Planning Department Long Range Division

Rainbow Boulevard North Corridor PlanNovember 2, 2016

Boulevard intersection, ROW configuration seems to be more appropriate to the mobility pattern
than in the rest of the Corridor. Nonetheless, the Rancho Rainbow Area is, and should work
as, a gateway to the community, which has a low-intensity rural character; consequently, ROW
interventions should highlight the gateway identity of the Character Area and support the
transitional role of the 1.9 miles along Rainbow Boulevard.
II. Ann Rainbow:
The Ann Rainbow Character Area accounts for the majority of the land share and land
utilization (59%, or approximately 306 Acres). It is also situated in the heart of the Corridor, and
is a critical component of the Plan, mainly because of the intersection of Ann Road and
Rainbow Boulevard located at the very center of it. The Ann Road and Rainbow Boulevard
crossroads generate unique vehicular patterns when compared to the other two character
areas, and the medium-high traffic flow (32,000 vehicles per day) has had a definite impact on
the recent land use changes and land use proposals that occurred in the neighborhood.
Because of this, and the presence of a large number of vacant parcels of land, this section is
the primary area of concern for future development patterns. An additional problem specific to
this site is the presence of a large portion of County islands, which leads to uncertainty in
terms of a unified vision for the Corridor.
Most of the land use is dedicated to residential: the variety of Zoning Districts includes: Single
Family Compact-Lot (R-CL), Single Family Residential (R-1), Residential Planned Development
(R-PD) ranging in density from R-PD2 to R-PD8 and, in a smaller percentage, Single Family
Residential Restricted (R-D) and Residence Estates (R-E). Three of the four corners at the
Ann Road and Rainbow Boulevard intersection are now zoned C-1 (Limited Commercial); two
additional lots adjacent to the southeastern corner lot of the intersection is also now zoned
Limited Commercial (C-1). These are four of the six parcels zoned for Commercial use in the
entire Plan Area. On the western edge, at the corner between Ann Road and Rio Vista Street,
there are 1.78 acres to be developed as Service Commercial/Office space.
III. Tropical Rainbow:
The Tropical Rainbow Character Area makes up for about 23% of the Corridor, and is located
at the very north edge of it, with Rainbow Boulevard ending in a cul-de-sac before the 215
freeway. Because of the greater distance from high-traffic intersections, Tropical - Rainbow is
the Corridor section that most serves local residents; the neighborhood is almost exclusively
residential, with approximately 17% of the total acreage dedicated to Civic and Public Space
due to the presence of the Joseph Neal Elementary School and the Estelle Neal Park. The
existing residential parcels are zoned Residential Planned Development (R-PD2), Residence
Estates (R-E), and Single Family Residential-Restricted (R-D), giving it the lowest density
among the Character Areas; one parcel at the northwestern edge of the Corridor is dedicated to
Service Commercial (SC), hosting a steakhouse and lounge, and one parcel adjacent to that
hosts a Baptist Church located within a County island. About 23% of Tropical Rainbow is
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Planning Department Long Range Division

Rainbow Boulevard North Corridor PlanNovember 2, 2016

located within a County island. Vacant land parcels are located along the northeastern edge,
facing the CC-215 freeway, and at the southeastern corner of the Azure Drive & Rainbow
Boulevard intersection. The scarce visibility due to the low amount of vehicular traffic does not
encourage shifts in land use in the near term; therefore this Character area can be categorized
as being at low-risk for de-characterization as a primarily residential neighborhood.
Nonetheless, Tropical Rainbow poses an evident issue in terms of Right-of-way configuration
along Rainbow Boulevard: the 1.2 miles stretch between Tropical Parkway and Azure Drive is
blatantly not uniform to the rest of the corridor, nor does conform to minimum safety standards;
the eastern portion of it, the one where deficiencies are most notable, pertains to Clark Countys
jurisdiction. The 800 feet stretch between Azure Drive and the cul-de-sac where Rainbow
Boulevard terminates is instead characterized by an overly-wide ROW that, even while serving
as access point to only a few parcels of land, still has the traffic features of a major arterial.
2. Development Prototypes
I.

II.

III.

Residential
a. Single Family, Detached
b. Multi-Family Residential
Commercial/Office Development
a. Home-to-office conversion
b. Single story office complex
c. Shopping center, less than 25,000 square feet
Civic/Open Space
a. Parks: Estelle Neal Park, 6075 Rebecca Road
b. Schools: Joe Neal ES, 6651 Azure Drive

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Planning Department Long Range Division

Rainbow Boulevard North Corridor PlanNovember 2, 2016

Deficiencies and Discrepancies


Posted speed limit
US Limits Study (see: http://safety.fhwa.dot.gov/uslimits/ for the 35 mph recommendation).
Create safer environment for pedestrians crossing and walking along the
Boulevard. The posted speed limit north of Ann Road is 25 mph; it then
increases to 45 mph at southern end, near Rancho Drive.
Sidewalk
Missing
a.
b.

East side of Rainbow Boulevard between Tropical Parkway


and Azure Drive.
East side of Rainbow just past Ann Road for 1,415 feet.

Bicycles
Rainbow could greatly improve bicycling with the addition of bike lanes and reduction in
posted speed south of Ann Road.
Trails
There is a Multi-Use Non-equestrian trail alignment running from Rancho to Ann. There is
no trail north of Ann Road with pedestrian path running west of Ann Road
and Rainbow Boulevard intersection. The trail is not designed with any sort
of prominence, thus does not identify as a trail.
Development Pattern
Future transportation demands are not likely incur additional roadway, influencing the future
design of the corridor towards more neighborhood-oriented pedestrian and
biking access. Increasing demand for commercial land use changes is
incongruent with the existing Plan area. An increase of commercial land
use intensity is not fully supported with the limited access.

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Planning Department Long Range Division

Rainbow Boulevard North Corridor PlanNovember 2, 2016

Recommendations
Research opportunity of utilizing the 80 Major Collector Street profile (see Figure 4)

Adjust the existing right of way to accommodate an eight foot pedestrian


realm, a five-foot wide bike path with three-foot wide buffer.
Dedicate remaining right of way to two lanes of north and southbound
vehicular traffic with a center running landscaped median.

Figure 6: 80 Major Collector Street

Maximize transportation choices


Reprioritize transportation options by de-emphasizing vehicular demands
for surface parking and reducing vehicular speeds.
Place emphasis on human-scaled urban design in order to reorganize the
linear shopping center retail type to nodal commercial clusters.
Establish a side street network that creates pedestrian interest and an
intersection commercial clustering that encourages vibrant economic
activity.
Establish walking as the fundamental unit of travel for the corridor

Minimum sidewalk clearance through the corridor is to be five feet, with the
designed clearance of eight feet.
Driveways are not to appear as mini intersections, but driveways with sidewalk
crossings designed to give priority to the sidewalk.

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Planning Department Long Range Division

Rainbow Boulevard North Corridor PlanNovember 2, 2016

Vehicular parking accommodations are to be relocated away from the street


fronts along Rainbow with clear access provided to the buildings main
entrance along Rainbow.
Four feet bike lane

Encourage and emphasize transit

Propose possible parking reduction at RTC stops #2242 and #5547 for bus
turnout dedications
Increase quantity and quality of bus shelters

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Planning Department Long Range Division

Rainbow Boulevard North Corridor PlanNovember 2, 2016

Summary of Recommendations
Recommended short term
1. Work with Clark County on Future Land Use of current non-city parcels along
Rainbow Boulevard to ensure desert rural is preserved in the area.
2. Implement Office land use designations where commercial activity is expected
a. Low intensity office development in line with P-O (Professional Office)
conversions or single-story, small scale office development.
b. Establish design guidelines that protect the residential character of the
corridor (height, scale, and massing that supports rural residential)
c. Residential character of community maintained, with low parking and traffic
demands
d. Enhance the design of the Multi-use trail as a community identifier to
establish place making, and enhancing near-rural character preservation
3. Inventory of rural aspects and indicators
a. Bring cracked and broken sidewalks to code
b. Limit commercial development to only corners of major intersections within
the corridor Plan area
4. Pursue grant funding and alternative capital sources
a. Transportation funding (Fuel Revenue Index/ FRI funds).
Long term recommendation costs and schedules
1. Select projects added to Capital Improvement Plan
a. Rural streetscape and medians
b. Civic/Open Space Development
c.
Plan Area needs a park and there are lots that may likely not develop as R-E
(more likely to request commercial land use)
d. Suggested route to school
e. Establish bike routes to Estelle Neal elementary school.
f.
Bike routes and furnishings as leisure amenity
2. Streetscape types for Corridor Character Areas:
a.
Rainbow Boulevard (consistent): A street which has a minimum right-of-way
width of 100 feet and an existing or potential design capacity of three or
more travel lanes of traffic in each direction with eight feet for an amenity
zone, a four feet bike lane, sidewalk on each side, and divided by a
landscaped median
b.
Major Intersection (may vary with bike lane): Intersection designs shall
comply with the applicable Uniform Construction Design Standards except
in cases where a 60-foot planned minor collector intersects a roadway of an
equal or lesser right-of-way width. At such intersections, pavement widths
and curb return radii shall comply with City Standards
c.
Local side streets: A street with a minimum right-of way width of forty-seven
feet which is designed to carry residential traffic between minor collectors
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Planning Department Long Range Division

Rainbow Boulevard North Corridor PlanNovember 2, 2016

and is designed to accommodate on-street parking where adjacent


residential development is required to be sprinkled

Implementation and Monitoring


With regards to the implementation of this Plan, the Planning Department will:
1. Coordinate with the Department of Public Works and explore the feasibility and
possibility of integrating the recommended right-of-way improvements
2. Coordinate with Clark County to address the current issues regarding right-of-way design
that is currently under the County jurisdiction
In order to monitor the future land use and development of what has been defined by this Plan
as the Rainbow North Corridor, the Planning Department will:
1. Evaluate and assess on a yearly basis any proposed land use changes that affect the
Plan area
2. Monitor the schedule of Capital Improvement Plans affecting the public right-of-way and
evaluate the possibility of implementing the recommended road improvements

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Planning Department Long Range Division

Rainbow Boulevard North Corridor PlanNovember 2, 2016

Appendices
Current city-wide projects relevant to corridor
Capital Improvement Projects (CIP)
a. Pedestrian Safety Upgrade Program
b. Bicycle Safety Program
c. Bus turnouts
Bus stop inventory
RTC route 106 has six bus stops located within the corridor and two located nearby
a. N. Bound: Three stops located to the east of Rainbows centerline
I.
5549- Rainbow, north of W Hammer Lane
II. 5548- Rainbow, north of Standing Rock Place
III. 5547- Rainbow , along the Rainbow Boulevard and Rancho Drive curve
b. S. Bound: Three stops located to the west of Rainbows centerline
I.
2242- Rainbow, between Welcome Lane and W La Madre Way
II. 2233-Rainbow, between Standing Rock Place and W Hammer Lane
III. 2183- Rainbow, just south of Ann Road intersection
RTC Route 106 Bus Stop Times and Frequency
a. Buses run North and South bound daily at roughly 30 minutes intervals.
There are no peak passenger times along the Rainbow corridor.
b. Average monthly weekday ridership: 3,151
c. Average Passenger per Revenue Hour: 33.52

Crosswalks
a. Danish offsets: include a median island that linking the crosswalks for each
half of the road. The offset forces pedestrians to face oncoming traffic
before they cross
b. Activated Crosswalks: lights, beacons, etc. are illuminated when activated
by a pedestrian to alert drivers to stop.

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Rainbow Boulevard North Corridor PlanNovember 2, 2016

26

Agenda Item No.: 64.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 13, 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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