Beruflich Dokumente
Kultur Dokumente
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.
NOTICE: This meeting has been properly noticed and posted at the following locations:
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 March 14, 2017 - 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
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 FEBRUARY 14, 2017.
6. FOR POSSIBLE ACTION - Any Items from the Planning Commission, staff and/or the applicant wish to be stricken or
held in abeyance to a future meeting may be brought forward and acted upon at this time.
CONSENT ITEMS:
CONSENT ITEMS ARE CONSIDERED ROUTINE BY THE PLANNING COMMISSION AND MAY BE ENACTED BY ONE
MOTION. HOWEVER, ANY ITEM MAY BE DISCUSSED IF A COMMISSION MEMBER OR APPLICANT SO DESIRES.
9. SUP-67880 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: FARM AND DURANGO
INVESTORS, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED 4,400 SQUARE-
FOOT LIQUOR ESTABLISHMENT (TAVERN) on the southeast corner of Farm Road and Durango Drive (APN 125-
17-613-001), T-C (Town Center) Zone [GC-TC (General Commercial - Town Center) Special Land Use Designation],
Ward 6 (Ross) [PRJ-65467]. Staff recommends APPROVAL.
10. SUP-67881 - SPECIAL USE PERMIT RELATED TO SUP-67880 - PUBLIC HEARING - APPLICANT/OWNER:
FARM AND DURANGO INVESTORS, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED GAMING ESTABLISHMENT, RESTRICTED LICENSE WITH A WAIVER TO ALLOW A ZERO-FOOT
DISTANCE SEPARATION FROM SINGLE-FAMILY DETACHED DWELLINGS WHERE 330 FEET IS REQUIRED
on the southeast corner of Farm Road and Durango Drive (APN 125-17-613-001), T-C (Town Center) Zone [GC-TC
(General Commercial - Town Center) Special Land Use Designation], Ward 6 (Ross) [PRJ-65467]. Staff recommends
APPROVAL.
11. SUP-68757 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: HIGH VIRTUE, LLC - OWNER:
GERBY INVESTMENTS, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED 4,000
SQUARE-FOOT TAVERN-LIMITED ESTABLISHMENT USE WITH A 2,000 SQUARE-FOOT OUTDOOR
SEATING AREA at 1007 and 1009 South Main Street (APN 139-33-811-026), C-M (Commercial/Industrial) Zone, Ward
3 (Coffin) [PRJ-68697]. Staff recommends APPROVAL.
12. SUP-68758 - SPECIAL USE PERMIT RELATED TO SUP-68757 - PUBLIC HEARING - APPLICANT: HIGH
VIRTUE, LLC - OWNER: GERBY INVESTMENTS, LLC - For possible action on a request for a Special Use Permit
FOR A 4,000 SQUARE-FOOT NIGHT CLUB USE WITH A 2,000 SQUARE-FOOT OUTDOOR SEATING AREA at
1007 and 1009 South Main Street (APN 139-33-811-026), C-M (Commercial/Industrial) Zone, Ward 3 (Coffin) [PRJ-
68697]. Staff recommends APPROVAL.
13. SUP-68729 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: ONO'S ISLAND BBQ - OWNER:
POLY GLOBAL INVESTMENTS, LLC - For possible action on a request for a Special Use Permit TO ALLOW AN
EXISTING OPEN AIR VENDING USE (BBQ CART) ADJACENT TO RESIDENTIALLY ZONED PROPERTY TO
HAVE A 24-HOUR OPERATION, WHERE 10:00 AM TO 8:00 PM IS PERMITTED at 5740 West Charleston
Boulevard (APN 138-36-406-010), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ-68698]. Staff
recommends APPROVAL.
14. SUP-68768 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: 707 FREMONT, LLC - For
possible action on a request for a Special Use Permit FOR A TATTOO PARLOR/BODY PIERCING STUDIO USE at
707 Fremont Street, Suite #1140 (APN 139-34-601-007), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-68645].
Staff recommends APPROVAL.
16. SNC-68710 - STREET NAME CHANGE - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS -
For possible action on a request for a Street Name Change FROM: GOLDRING AVENUE AND BEARDEN DRIVE TO:
WELLNESS WAY, between Tonopah Drive and Desert Lane, Ward 1 (Tarkanian) [PRJ-68632]. Staff recommends
APPROVAL.
19. SDR-68324 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-67883 AND ZON-67884 - PUBLIC
HEARING - APPLICANT/OWNER: AQUA BAMBOO, LLC, ET AL - For possible action on a request for a Site
Development Plan Review FOR A PROPOSED 28,800 SQUARE-FOOT GENERAL RETAIL STORE, OTHER THAN
LISTED WITH A WAIVER TO ALLOW A ZERO-FOOT LANDSCAPE BUFFER WHERE EIGHT FEET IS
REQUIRED ALONG THE EAST PERIMETER on 2.42 acres on the east side of Rainbow Boulevard, approximately 85
feet north of Ann Road (APNs 125-26-410-004 through 006), R-E (Residence Estates) Zone [PROPOSED: C-1 (Limited
Commercial)], Ward 6 (Ross) [PRJ-68162]. Staff recommends DENIAL.
22. ABEYANCE - SDR-68404 - SITE DEVELOPMENT PLAN REVIEW RELATED TO ZON-68403 - PUBLIC
HEARING - APPLICANT/OWNER: CAPITAL FORESIGHT GOLF & FITNESS, LLC ET AL - For possible
action on a request for a Site Development Plan Review FOR A PROPOSED 15-STORY MIXED-USE DEVELOPMENT
CONSISTING OF 370 RESIDENTIAL UNITS AND 16,060 SQUARE FEET OF RETAIL SPACE on 3.63 acres at 1213
and 1215 South Las Vegas Boulevard and 516 Park Paseo (APNs 162-03-112-022, 028, 029 and 033), C-1 (Limited
Commercial) and C-2 (General Commercial) Zones [PROPOSED: C-2 (General Commercial) Zone], Ward 3 (Coffin)
[PRJ-68241]. Staff recommends APPROVAL.
23. ABEYANCE - SDR-68300 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING - APPLICANT:
GENE WOODS RACING - OWNER: T-U P R II, LLC - For possible action on a request for a Site Development Plan
Review FOR A PROPOSED COMMERCIAL RECREATION/AMUSEMENT (OUTDOOR) FACILITY WITH A
WAIVER FROM DOWNTOWN CENTENNIAL PLAN ARCHITECTURAL STANDARDS on 3.63 acres at 222 South
Main Street (APN 139-34-101-009), M (Industrial) Zone and C-M (Commercial/Industrial) zone, Ward 5 (Barlow) [PRJ-
68298]. Staff recommends DENIAL.
Planning Commission March 14, 2017 - Page 4
24. WVR-68775 - WAIVER - PUBLIC HEARING - APPLICANT: PINNACLE HOMES - OWNER: 2006
BARBIER/GREENE REVOCABLE TRUST - For possible action on a request for a Waiver TO ALLOW NO
STREETLIGHTS WHERE SUCH ARE REQUIRED AND TO ALLOW AN INTERSECTION OFFSET OF 180 FEET
WHERE 220 FEET IS REQUIRED FOR A PROPOSED NON-GATED FOUR-LOT RESIDENTIAL SUBDIVISION on
2.5 acres on the northeast corner of Azure Drive and Eula Street (APN 125-30-101-010), R-E (Residence Estates) Zone,
Ward 6 (Ross) [PRJ-68721]. Staff recommends DENIAL.
26. VAC-68776 - VACATION RELATED TO WVR-68775 AND VAR-68774 - PUBLIC HEARING - APPLICANT:
PINNACLE HOMES - OWNER: 2006 BARBIER/GREENE REVOCABLE TRUST - For possible action on a
request for a Petition to Vacate U.S. Government Patent Easements on property located on the northeast corner of Azure
Drive and Eula Street (APN 125-30-101-010), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-68721]. Staff
recommends APPROVAL.
27. VAR-67970 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: THE LIANG & CHAN REVOCABLE
FAMILY TRUST - For possible action on a request for a Variance TO ALLOW NO ADDITIONAL PARKING
SPACES WHERE THREE ADDITIONAL PARKING SPACES ARE REQUIRED FOR A PARKING IMPAIRED
DEVELOPMENT on 0.15 acres at 1212 South Maryland Parkway (APN 162-03-514-037), P-R (Professional Offices and
Parking) Zone, Ward 3 (Coffin) [PRJ-67395]. Staff recommends DENIAL.
30. SDR-67972 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-67970, VAR-67971 AND VAR-68417 -
PUBLIC HEARING - APPLICANT/OWNER: THE LIANG & CHAN REVOCABLE FAMILY TRUST - For
possible action on a request for a Major Amendment of an approved Plot Plan Review [Z-0031-73(6)] FOR A
PROPOSED 922 SQUARE-FOOT ADDITION TO AN EXISTING 1,463 SQUARE-FOOT DENTAL OFFICE on 0.15
acres at 1212 South Maryland Parkway (APN 162-03-514-037), P-R (Professional Offices and Parking) Zone, Ward 3
(Coffin) [PRJ-67395]. Staff recommends DENIAL.
31. VAR-69103 - VARIANCE - PUBLIC HEARING - APPLICANT: CHERRY DEVELOPMENT - OWNER: GIL
UTAH, LLC - For possible action on a request for a Variance TO ALLOW 18-FOOT PARKING LOT DRIVE AISLES
WHERE 24 FEET IS REQUIRED at the southwest corner of Colorado Avenue and Casino Center Boulevard (APNs 162-
03-110-061, 135 and 136), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-68275]. Staff recommends DENIAL.
32. SUP-68777 - SPECIAL USE PERMIT RELATED TO VAR-69103 - PUBLIC HEARING - APPLICANT:
CHERRY DEVELOPMENT - OWNER: GIL UTAH, LLC - For possible action on a request for a Special Use Permit
FOR A MIXED-USE DEVELOPMENT at the southwest corner of Colorado Avenue and Casino Center Boulevard (APNs
162-03-110-061, 135 and 136), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-68275]. Staff recommends
DENIAL.
34. VAR-68587 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: BETSY ANN GOODALL LIVING
TRUST - For possible action on a request for a Variance TO ALLOW A ONE-FOOT SIDE YARD SETBACK WHERE
10 FEET IS REQUIRED FOR A PROPOSED ACCESSORY STRUCTURE (CLASS II) [SHED] on 0.26 acres at 6141
West El Campo Grande Avenue (APN 125-26-811-039), R-D (Single Family Residential-Restricted) Zone, Ward 6 (Ross)
[PRJ-67833]. Staff recommends DENIAL.
35. VAR-68694 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: FORREST DEVON MICH'L - For
possible action on a request for a Variance TO ALLOW A 30-FOOT FRONT YARD SETBACK WHERE 50 FEET IS
REQUIRED AND A 22-FOOT REAR YARD SETBACK WHERE 35 FEET IS REQUIRED FOR A NEW SINGLE
FAMILY RESIDENCE generally located on the west side of Homestead Street, approximately 140 feet north of Horse
Drive (APN 125-08-604-013), R-E (Residential Estates) Zone, Ward 6 (Ross) [PRJ-66175]. Staff recommends DENIAL.
36. VAR-68805 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: STONE ASSETS, LLC - For possible
action on a request for a Variance TO ALLOW A 25-FOOT FRONT YARD SETBACK WHERE 50 FEET IS
REQUIRED FOR A PROPOSED SINGLE FAMILY DWELLING on 0.27 acres located on the north side of Palomino
Lane, approximately 150 feet west of Shetland Road (APN 139-32-703-010), R-A (Ranch Acres) Zone, Ward 1
(Tarkanian) [PRJ-68736]. Staff recommends DENIAL.
38. SUP-67480 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: CITY IMPACT CENTER -
OWNER: TRINITY LIFE CENTER - For possible action on a request for a Special Use Permit FOR A SENIOR
CITIZEN APARTMENTS USE on the north side of Sahara Avenue, approximately 1,080 feet west of Maryland Parkway
(APNs 162-03-801-030, 052, 053 and 066), C-1 (Limited Commercial) Zone, Ward 3 (Coffin) [PRJ-67445]. Staff
recommends DENIAL.
39. SDR-67483 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-67480 - PUBLIC HEARING -
APPLICANT: CITY IMPACT CENTER - OWNER: TRINITY LIFE CENTER - For possible action on a request for
a Site Development Plan Review FOR A PROPOSED FOUR-STORY, 66-UNIT SENIOR CITIZEN APARTMENT
DEVELOPMENT WITH WAIVERS TO ALLOW A ZERO-FOOT PERIMETER LANDSCAPE BUFFER ALONG THE
WEST PROPERTY LINE, A THREE-FOOT BUFFER ALONG A PORTION OF THE NORTH PROPERTY LINE
AND A FIVE-FOOT BUFFER ALONG A PORTION OF THE SOUTH PROPERTY LINE WHERE EIGHT FEET IS
REQUIRED on 1.85 acres on the north side of Sahara Avenue, approximately 1,080 feet west of Maryland Parkway
(APNs 162-03-801-030, 052, 053, 066 and 138), C-1 (Limited Commercial) Zone, Ward 3 (Coffin) [PRJ-67445]. Staff
recommends DENIAL.
40. SUP-68681 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: MARY BARTSAS 13, LLC
- For possible action on a request for a Special Use Permit FOR A PROPOSED SHORT-TERM RESIDENTIAL
RENTAL USE at 2701 Alta Drive (APN 139-32-701-002), R-A (Ranch Acres) Zone, Ward 1 (Tarkanian) [PRJ-68471].
Staff recommends DENIAL.
41. SDR-68470 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING - APPLICANT - POB LAS VEGAS,
LLC - OWNER: CITY OF LAS VEGAS - For possible action on a request for a Site Development Plan Review FOR A
PROPOSED SINGLE-STORY, 34,782 SQUARE-FOOT SHOPPING CENTER on 3.48 acres at 300 North Casino Center
Boulevard and 350 Stewart Avenue (APNs 139-34-501-004 and 008), C-2 (General Commercial) Zone, Ward 5 (Barlow)
[PRJ-68139]. Staff recommends APPROVAL.
DIRECTOR'S BUSINESS:
43. ABEYANCE - TXT-68323 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For possible action on a request to remove all references to the Montecito Town Center Development
Agreement, which expires on April 7, 2017, to amend the Town Center Development Standards Manual to incorporate the
standards of the area covered by the Development Agreement as a Town Center Land Use District and to provide for other
related matters. Staff recommends APPROVAL.
44. TXT-69157 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS - For
possible action on a request to amend LVMC 19.12 and 19.18 related to the Night Club use, and to provide for other
related matters. Staff has NO RECOMMENDATION.
CITIZENS PARTICIPATION:
45. 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
SUBJECT:
CALL TO ORDER
Agenda Item No.: 2.
SUBJECT:
ANNOUNCEMENT: COMPLIANCE WITH OPEN MEETING LAW
Agenda Item No.: 3.
SUBJECT:
ROLL CALL
Agenda Item No.: 4.
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.
SUBJECT:
FOR POSSIBLE ACTION TO APPROVE THE FINAL MINUTES FOR THE PLANNING
COMMISSION MEETING OF FEBRUARY 14, 2017.
Agenda Item No.: 6.
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.
SUBJECT:
GPA-68639 - GENERAL PLAN AMENDMENT - PUBLIC HEARING -
APPLICANT/OWNER: CITY OF LAS VEGAS - For possible action on a request for a General
Plan Amendment to amend the Master Plan of Streets and Highways TO DESIGNATE 26
STREETS WITHIN THE LAS VEGAS MEDICAL DISTRICT AND DOWNTOWN LAS
VEGAS AS COLLECTOR STREETS ON THE MASTER PLAN OF STREETS AND
HIGHWAYS, Ward 3 (Coffin) and Ward 1 (Tarkanian) [PRJ-68638]. Staff recommends
APPROVAL.
C.C.: 4/19/2017
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
GPA-68639 [PRJ-68639]
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
APPROVALS 0
PROTESTS 0
FS
GPA-68639 [PRJ-68639]
Staff Report Page One
March 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The Transportation & Streets and Highways Element will be amended by incorporating
26 Las Vegas Medical District and Downtown Las Vegas streets into the Citys Master
Plan of Streets and Highways. The Southeast Sector Master Plan of Streets and
Highways Map (Map 2A) will also be updated to reflect the proposed changes.
ISSUES
x 26 streets within Downtown Las Vegas and the Las Vegas Medical District are
proposed to be added to the Master Plan of Streets and Highways.
x A General Plan Amendment is required in order to add streets to the Master Plan of
Streets and Highways. Staff recommends approval of the request.
ANALYSIS
The requested modifications are needed in order to make these roadways eligible for
outside funding and to ensure adequate traffic circulation due to continued development in
the area. The streets to be added will be classified as Collectors, with varying street
widths of between 45 and 80 feet. The following streets are requested to be included as
planned streets on the Southeast Sector street classification map:
FS
GPA-68639 [PRJ-68639]
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
FS
GPA-68639 [PRJ-68639]
Staff Report Page Three
March 14, 2017 - Planning Commission Meeting
FINDINGS
The proposed Master Plan of Streets and Highway amendment will ensure adequate
traffic circulation in the area and will allow for the identified streets to be eligible for
outside improvement funding. Staff recommends approval of the request.
BACKGROUND INFORMATION
Neighborhood Meeting
A neighborhood meeting was held on February 22, 2017 and five
members of the public were in attendance. The general concern for the
surrounding property owners was about current and future traffic issues
surrounding the Medical District. Intersections in the area, the mitigation
02/22/17
of the Project Neon construction, and the future mitigation of Medical
District construction were discussed. A traffic focused meeting for the
neighborhood will be planned in conjunction with the regularly scheduled
Ward 1 meeting in March.
FS
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Agenda Item No.: 8.
SUBJECT:
VAR-65290 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: DR HORTON,
INC. - For possible action on a request for a Variance TO ALLOW A 75-FOOT LOT WIDTH
WHERE 80 FEET IS REQUIRED ON LOT 28 OF A PROPOSED 95-LOT SINGLE-FAMILY
RESIDENTIAL SUBDIVISION on 39.18 acres at the southeast corner of Elkhorn Road and
Tenaya Way (APN 125-22-501-001), R-D (Single Family Residential-Restricted) Zone, Ward 6
(Ross) [PRJ-65268]. Staff recommends APPROVAL.
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. Action Letter for GPA-63487 and ZON-63488 [PRJ-63442]
7. Action Letter for TMP-65275 [PRJ-65268]
8. Protest Postcards
VAR-65290
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
APPROVALS 0
PROTESTS 2
FS
VAR-65290
Conditions Page One
March 14, 2017 - Planning Commission Meeting
** CONDITIONS **
VAR-65290 CONDITIONS
Planning
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.
FS
VAR-65290
Staff Report Page One
March 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The request is for a Variance to allow a 75-foot lot width where 80-feet is the minimum
required for Lot 28 of a 95-lot residential subdivision located at the southeast corner of
Elkhorn Road and Tenaya Way.
ISSUES
x This Variance was originally part of a larger request of 30 individual lot width
Variances for a 95-lot single-family residential subdivision.
x The intent was for the Lot 28 Variance to be heard at the August 9, 2016
Planning Commission with its companion items; however, the Variance request
was inadvertently omitted from the agenda.
x On August 9, 2016, the Planning Commission approved all of the requested lot
width Variances associated with the residential development. Staff considers this
to be a clean-up item and recommends approval of the request.
ANALYSIS
The subject site is zoned R-D (Single Family Residential Restricted) which requires a
minimum lot width of 80 feet. The request is for a Variance to allow a 75-foot lot width
for Lot 28 of a previously approved 95-lot residential subdivision (TMP-65275). On
August 9, 2016, the Planning Commission approved 29 companion lot width Variances
associated with the residential development; however, the Variance request for subject
lot (Lot 28) was inadvertently omitted from the agenda. The original intent was for the
Lot 28 Variance to be heard at the August 9, 2016 Planning Commission with its
companion items. Because all of the related lot width Variances were approved by the
Planning Commission, Staff considers this to be a clean-up item and recommends
approval of the request.
FINDINGS (VAR-65290)
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:
FS
VAR-65290
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
On August 9, 2016, the Planning Commission approved 29 related lot width Variances
associated with a 95-lot residential development; however, the Variance request for the
subject lot (Lot 28) was inadvertently omitted from the agenda. The original intent was
for the Lot 28 Variance to be heard at the August 9, 2016 Planning Commission with its
companion items. Because the related lot width Variances were approved by the
Planning Commission, Staff considers this to be a clean-up item and recommends
approval of the request.
BACKGROUND INFORMATION
FS
VAR-65290
Staff Report Page Three
March 14, 2017 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was held in conjunction with a larger
05/25/16 request, and the need for lot width Variances for 30 lots, including the
subject lot, was discussed.
Neighborhood Meeting
The applicant held a voluntary neighborhood meeting at the
07/26/16
Centennial Hills YMCA.
Field Check
06/30/16 The site is undeveloped.
FS
VAR-65290
Staff Report Page Four
March 14, 2017 - Planning Commission Meeting
DEVELOPMENT STANDARDS
FS
VAR-65290
VAR-65290
VAR-65290
VAR-65290 [PRJ-65268] - VARIANCE - APPLICANT/OWNER: DR HORTON, INC.
SOUTHEAST CORNER OF ELKHORN ROAD AND TENAYA WAY
06/30/16
VAR-65290 [PRJ-65268] - VARIANCE - APPLICANT/OWNER: DR HORTON, INC.
SOUTHEAST CORNER OF ELKHORN ROAD AND TENAYA WAY
06/30/16
VAR-65290 [PRJ-65268] - VARIANCE - APPLICANT/OWNER: DR HORTON, INC.
SOUTHEAST CORNER OF ELKHORN ROAD AND TENAYA WAY
06/30/16
VAR-65290
VAR-65290
VAR-65290
VAR-65290
VAR-65290
VAR-65290
VAR-65290
Agenda Item No.: 9.
SUBJECT:
SUP-67880 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: FARM
AND DURANGO INVESTORS, LLC - For possible action on a request for a Special Use
Permit FOR A PROPOSED 4,400 SQUARE-FOOT LIQUOR ESTABLISHMENT (TAVERN)
on the southeast corner of Farm Road and Durango Drive (APN 125-17-613-001), T-C (Town
Center) Zone [GC-TC (General Commercial - Town Center) Special Land Use Designation],
Ward 6 (Ross) [PRJ-65467]. Staff recommends APPROVAL.
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - SUP-67880 and SUP-67881 [PRJ-65467]
2. Special Map
3. Conditions and Staff Report - SUP-67880 and SUP-67881 [PRJ-65467]
4. Supporting Documentation - SUP-67880 and SUP-67881 [PRJ-65467]
5. Photo(s) - SUP-67880 and SUP-67881 [PRJ-65467]
6. Justification Letter - SUP-67880 and SUP-67881 [PRJ-65467]
7. Protest/Support Postcards - SUP-67880 and SUP-67881 [PRJ-65467]
SUP-67880 and SUP-67881 [PRJ-65467]
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
APPROVALS 1
PROTESTS 4
NE
SUP-67880 and SUP-67881 [PRJ-65467]
Conditions Page One
March 14, 2017 - Planning Commission Meeting
** CONDITIONS **
SUP-67880 CONDITIONS
Planning
1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Liquor
Establishment (Tavern) use.
2. Conformance to the approved conditions for Site Development Plan Review (SDR-
61074), Site Development Plan Review (SDR-65904), and Site Development Plan
Review (SDR-68262).
3. This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
4. All necessary building permits shall be obtained and final inspections shall be
completed in compliance with Title 19 and all codes as required by the Department
of Building and Safety.
5. These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit, as well as submitted as part of any business license
application.
6. Minors shall only be permitted in such areas wherein spirituous, malt or fermented
liquors or wines are served only in conjunction with regular meals and where dining
tables or booths are provided separate from the bar in conformance with Title 6.50.
7. Approval of this Special Use Permit does not constitute approval of a liquor
license.
8. This business shall operate in conformance to Chapter 6.50 of the City of Las
Vegas Municipal Code.
9. All City Code requirements and design standards of all City departments must be
satisfied, except as modified herein.
NE
SUP-67880 and SUP-67881 [PRJ-65467]
Conditions Page Two
March 14, 2017 - Planning Commission Meeting
SUP-67881 CONDITIONS
Planning
1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Gaming
Establishment, Restricted use.
2. Conformance to the approved conditions for Site Development Plan Review (SDR-
61074), Site Development Plan Review (SDR-65904), and Site Development Plan
Review (SDR-68262).
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.
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.
NE
SUP-67880 and SUP-67881 [PRJ-65467]
Staff Report Page One
March 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit to allow a Liquor Establishment (Tavern) with
a Gaming Establishment, Restricted License at the southeast corner of Farm Road and
Durango Drive within the General Commercial District of Town Center.
ISSUES
x The Town Center Development Standards require a Special Use Permit for a Liquor
Establishment (Tavern) use in the General Commercial District of Town Center.
x The Town Center Development Standards require a Special Use Permit for a
Gaming Establishment, Restricted License in the General Commercial District of
Town Center.
x A Waiver is required to allow the proposed Gaming Establishment, Restricted
License to have a zero-foot distance separation from existing single-family detached
dwellings. Staff supports the Waiver request.
ANALYSIS
The proposed floor plan demonstrates an open floor plan with areas designated for both
gaming and dining in addition to a linear bar with gaming machines. There are
designated mens and womens restrooms easily accessed from the main floor area
with a small utility room separating the doorways of the mens and womens restrooms.
The back of house area includes a kitchen, a managers and clerks office, and a
surveillance room for security.
NE
SUP-67880 and SUP-67881 [PRJ-65467]
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
The proposed land uses are subject to the minimum requirements of the Town Center
Development Standards Manual and Title 19 where the Town Center Development
Standards Manual is silent.
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 Town Center
are best promoted and protected by requiring that:
a. No tavern shall be located within 400 feet of any church, synagogue, school,
child care facility licensed for more than twelve children or City park.
There is not a church, synagogue, school, child care facility licensed for more
than twelve children or City park within 400 feet of the subject site.
When measured in a straight line, parcel line to parcel line, the nearest Liquor
Establishment (Tavern) is located at 8001 North Durango Drive, approximately
2,300 feet away from the subject site.
All measurements have been taken in a straight line from the property line of the
proposed tavern to the property line of any protected uses and existing tavern,
disregarding all intervening obstacles.
NE
SUP-67880 and SUP-67881 [PRJ-65467]
Staff Report Page Three
March 14, 2017 - Planning Commission Meeting
d. All businesses which sell alcoholic beverages shall conform to the provisions of
LVMC 6.50.
e. No tavern shall be located within any Service Commercial District unless it is part
of a development with an aggregate acreage exceeding 50 acres with a majority
of the acreage located within a zone which allows taverns.
The subject site is within the General Commercial District of Town Center
satisfying this requirement.
The applicant has requested a Special Use Permit with a Waiver of the distance
separation requirement in order to satisfy this requirement.
b. May not locate within 330 feet of any single-family detached dwelling.
Adjacent to the subject site along the south property line is an existing residential
neighborhood creating a zero-foot distance separation between the proposed
Gaming Establishment, Restricted and the single-family detached dwellings. The
applicant has requested a Waiver of this requirement, which staff supports.
Staff finds the subject site to be physically suitable for the proposed uses and capable
of operating in a harmonious and compatible manner with the existing surrounding
uses; therefore, staff is recommending approval of both requests.
NE
SUP-67880 and SUP-67881 [PRJ-65467]
Staff Report Page Four
March 14, 2017 - Planning Commission Meeting
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:
The proposed land uses will be located in a 68,171 square-foot Shopping Center
that is currently under construction. The proposed Shopping Center was designed
to accommodate such land uses as a Liquor Establishment (Tavern) with a
Gaming Establishment, Restricted License and can be conducted in a manner
that is harmonious and compatible with the existing shopping centers to the north
and east, as well as the adjacent residential neighborhood to the south.
2. The subject site is physically suitable for the type and intensity of land use
proposed.
The subject land uses have been proposed for a 68,171 square-foot Shopping
Center within the Master Plan area of Town Center. The proposed Shopping
Center was designed to accommodate such land uses as a Liquor Establishment
(Tavern) with a Gaming Establishment, Restricted License.
Access to the site is provided by Farm Road, a Town Center Arterial as defined by
the Town Center Development Standards Manual, and Durango Drive, a Primary
Arterial as defined by the Town Center Development Standards Manual. Both are
adequate in size to meet the requirements of the proposed uses. In addition, Site
Development Plan Review (SDR-68262) allows for the relocation of the driveway
adjacent to Farm Road for better alignment with the driveway on the east side of
Farm Road. This allows for traffic between the two shopping centers to maneuver
efficiently between the two centers.
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.
NE
SUP-67880 and SUP-67881 [PRJ-65467]
Staff Report Page Five
March 14, 2017 - Planning Commission Meeting
The subject site is located within the GC-TC (General Commercial Town
Center) district, which allows for such uses as retail, service, office and other
general business uses of a more intense commercial character. The proposed
land uses are also subject to business license requirements and regular
inspections to protect the public health, safety, and welfare. Approval of this
request will not be inconsistent with the overall objectives of the General Plan.
5. The use meets all of the applicable conditions per Title 19.12.
The proposed uses meet all of the applicable conditions set forth by the Town
Center Development Standards Manual except for the distance separation
requirement for the Gaming Establishment, Restricted License which requires a
330-foot distance separation is required. The applicant has requested a Waiver to
allow for a zero-foot distance separation when measured parcel line to parcel line.
With the subject site being a shopping center specifically designed to
accommodate such uses as the proposed Liquor Establishment (Tavern) with a
Gaming Establishment, Restricted License with no direct access to the adjacent
residential neighborhood, staff supports this Waiver request.
BACKGROUND INFORMATION
NE
SUP-67880 and SUP-67881 [PRJ-65467]
Staff Report Page Six
March 14, 2017 - Planning Commission Meeting
NE
SUP-67880 and SUP-67881 [PRJ-65467]
Staff Report Page Seven
March 14, 2017 - Planning Commission Meeting
Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
06/28/16 requirements for a Special Use Permit application for the Master Plan
Area of Town Center was discussed.
Neighborhood Meeting
Start Time: 6:00 p.m.
End Time: 7:00 p.m.
Attendance:
One representative from the Department of Planning.
One representative from Mayor Pro Tem Rosss (Ward 6) office.
Two representatives for the applicant.
03/02/17 Approximately 12 neighbors (public).
NE
SUP-67880 and SUP-67881 [PRJ-65467]
Staff Report Page Eight
March 14, 2017 - Planning Commission Meeting
Neighborhood Meeting
Concerns raised by the neighbors included:
x Too much alcohol in the area. Wanted to know what the
distance separation requirements are. Planning staff explained
the difference between a Liquor Establishment, Tavern land
use, the Beer/Wine/Cooler On-Sale Establishment, and the
Restaurant with Alcohol land uses and the different separation
requirements.
x Neighbors are concerned over the traffic and how it backs-up
northbound on Farm. Staff explained this should be temporary
that it is due to construction and a new traffic light will be
installed at the entrance to the shopping center (subject site)
currently under construction.
x Concern was raised over traffic produced by the Tavern,
applicants representative explained that there will be minimal
traffic produced and the shopping center has plenty of parking
for all land uses within the shopping center as it met and
exceeded the minimum parking requirements.
x The neighbors asked about security, and the applicants
representative informed the neighbors that Dottys uses state-
of-the-art security systems.
Field Check
During a routine field check staff observed the subject site currently
02/01/17
under construction.
NE
SUP-67880 and SUP-67881 [PRJ-65467]
Staff Report Page Nine
March 14, 2017 - Planning Commission Meeting
Planned or Special
Surrounding Existing Land Use Existing Zoning
Land Use
Property Per Title 19.12 District
Designation
GC-TC (General
Subject Shopping Center
Commercial Town T-C (Town Center)
Property (Under Construction)
Center)
SC-TC (Service
North Shopping Center Commercial Town T-C (Town Center)
Center)
SX-TC (Suburban
Single Family,
South Mixed-Use Town T-C (Town Center)
Detached
Center)
SC-TC (Service
East Shopping Center Commercial Town T-C (Town Center)
Center)
SC-TC (Service
West Shopping Center Commercial Town T-C (Town Center)
Center)
NE
SUP-67880 and SUP-67881 [PRJ-65467]
Staff Report Page Ten
March 14, 2017 - Planning Commission Meeting
DEVELOPMENT STANDARDS
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Floor Required Provided Compliance
Area or Parking Parking
Use Parking
Number of Handi- Handi-
Ratio Regular Regular
Units capped capped
1 Space
Shopping Per
68,171 SF 273
Center 250 SF
GFA
TOTAL SPACES REQUIRED 273 386 Y
Regular and Handicap Spaces Y
281 8 369 17
Required
Waivers
Requirement Request Staff Recommendation
A 330-foot distance
separation between
To allow a zero-foot
Single-Family Detached Approval
distance separation.
Dwellings and a Gaming
Establishment, Restricted.
NE
SUP-67880
SUP-67880
SUP-67880
SUP-67880
7 A7 7
7 7
A7 77
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7b7 7
77 7 A7 7
77 7 777
77 7
77 7 7 b
7 7b
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SUBJECT:
SUP-67881 - SPECIAL USE PERMIT RELATED TO SUP-67880 - PUBLIC HEARING -
APPLICANT/OWNER: FARM AND DURANGO INVESTORS, LLC - For possible action on a
request for a Special Use Permit FOR A PROPOSED GAMING ESTABLISHMENT,
RESTRICTED LICENSE WITH A WAIVER TO ALLOW A ZERO-FOOT DISTANCE
SEPARATION FROM SINGLE-FAMILY DETACHED DWELLINGS WHERE 330 FEET IS
REQUIRED on the southeast corner of Farm Road and Durango Drive (APN 125-17-613-001),
T-C (Town Center) Zone [GC-TC (General Commercial - Town Center) Special Land Use
Designation], Ward 6 (Ross) [PRJ-65467]. Staff recommends APPROVAL.
RECOMMENDATION:
Staff recommends APPROVAL, 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-67881
SUP-67881
SUP-67881
SUP-67881
Agenda Item No.: 11.
SUBJECT:
SUP-68757 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: HIGH VIRTUE,
LLC - OWNER: GERBY INVESTMENTS, LLC - For possible action on a request for a Special
Use Permit FOR A PROPOSED 4,000 SQUARE-FOOT TAVERN-LIMITED
ESTABLISHMENT USE WITH A 2,000 SQUARE-FOOT OUTDOOR SEATING AREA at
1007 and 1009 South Main Street (APN 139-33-811-026), C-M (Commercial/Industrial) Zone,
Ward 3 (Coffin) [PRJ-68697]. Staff recommends APPROVAL.
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - SUP-68757 and SUP-68758 [PRJ-68967]
2. Special Map
3. Conditions and Staff Report - SUP-68757 and SUP-68758 [PRJ-68967]
4. Supporting Documentation - SUP-68757 and SUP-68758 [PRJ-68967]
5. Photo(s) - SUP-68757 and SUP-68758 [PRJ-68967]
6. Justification Letter - SUP-68757 and SUP-68758 [PRJ-68967]
7. Support Postcards - SUP-68757 and SUP-68758 [PRJ-68697]
SUP-68757 and SUP-68758 [PRJ-68697]
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
APPROVALS 5
PROTESTS 0
PB
SUP-68757 and SUP-68758 [PRJ-68697]
Conditions Page One
March 14, 2017 - Planning Commission Meeting
** CONDITIONS **
SUP-68757 CONDITIONS
Planning
1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Tavern-
Limited Establishment use.
2. This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
3. All necessary building permits shall be obtained and final inspections shall be
completed in compliance with Title 19 and all codes as required by the Department
of Building and Safety.
4. These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit, as well as submitted as part of any business license
application.
5. Approval of this Special Use Permit does not constitute approval of a liquor
license.
6. This business shall operate in conformance to Chapter 6.50 of the City of Las
Vegas Municipal Code.
7. All City Code requirements and design standards of all City departments must be
satisfied, except as modified herein.
SUP-68758 CONDITIONS
Planning
1 Conformance to all Minimum Requirements under LVMC Title 19.12 for a Night
Club use.
PB
SUP-68757 and SUP-68758 [PRJ-68697]
Conditions Page Two
March 14, 2017 - Planning Commission Meeting
2. This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
3. All necessary building permits shall be obtained and final inspections shall be
completed in compliance with Title 19 and all codes as required by the Department
of Building and Safety.
4. These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit, as well as submitted as part of any business license
application.
5. Approval of this Special Use Permit does not constitute approval of a liquor
license.
6. This business shall operate in conformance to Chapter 6.50 of the City of Las
Vegas Municipal Code.
7. All City Code requirements and design standards of all City departments must be
satisfied, except as modified herein.
PB
SUP-68757 and SUP-68758 [PRJ-68697]
Staff Report Page One
March 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is proposing to open a karaoke bar in the existing building at 1007 and
1009 South Main Street. The facility will have several smaller singing booths for private
parties, one larger karaoke area that can be public or reserved for private parties, a bar
and kitchen, and an outdoor seating area behind the building. They are requesting
Special Use Permits for both a Tavern-Limited Establishment use and a Night Club use
that will include both the indoor and outdoor patio areas. They will be reusing the
existing building on site, which had previously been divided into two suites but will be
combined for use by this business alone.
ISSUES
ANALYSIS
The applicant is proposing to reuse the existing building addressed as 1007 and 1009
South Main Street for a Karaoke Bar. The proposal would combine the two suites and
occupy both the 4,000 square foot building interior and a 2,000 square foot portion of
the lot behind the main building which has been improved with a patio cover and a
decorative fence. All work associated with these uses will be done within the building
footprint, and any faade improvements will be reviewed with an administrative site
development plan review.
The applicant is seeking two Special Use Permits to allow them to operate, the first is
for a Tavern Limited Establishment and the other is for a Night Club use. Both of the
proposed uses are listed as permitted by Special Use Permit in Title 19.12 within the C-
M (Commercial/Industrial) zoning district.
PB
SUP-68757 and SUP-68758 [PRJ-68697]
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
Title 19 does not include Minimum Special Use Permit Requirements for this use.
The proposed Tavern-Limited Establishment will be located in the 18b Arts District of
the Downtown Centennial Plan. This area of the city has many such establishments
and serves as both an entertainment and arts center for the city, therefore this use is
compatible with surrounding uses and appropriate for the neighborhood. The site itself
provides both internal and external space for the business, with adequate controls to
guarantee compliance with LVMC Chapter 6.50.
A. An establishment, other than a teen dance center, where its primary operations are
that of preparing and serving alcoholic beverages for immediate on-premises
consumption and the provision of live entertainment, generally operated primarily in the
late evening/early morning hours. An establishment shall be considered a nightclub if it
exhibits the following characteristics;
1. Live entertainment is provided in an area that exceeds fifty square feet, and
the following spaces shall be included in the calculation of such area: stage
space, disc jockey space, dance floor(s), and any space primarily dedicated to
the viewing of the live entertainment provided by the licensee; and
2. Its primary operating hours are generally between the hours of nine p.m. and
five a.m. the following day, or afterhours between four a.m. and 10 a.m on the
same day.
B. For purposes of this description, live entertainment includes live music (with or
without dancing), recorded or digital music played for patrons by a live disc jockey or
electronic device, or karaoke entertainment or other stage shows, such as a magician,
comedian other similar type of performance artist.
The proposed use meets the definition as described in the applicants justification letter
dated 02/16/17, the business will function as a tavern-limited establishment upon
approval of a business license, and will provide live entertainment in the form of group
Karaoke in both private rooms and in a public area that is 600 square feet in size.
The Minimum Special Use Permit Requirements for this use include:
PB
SUP-68757 and SUP-68758 [PRJ-68697]
Staff Report Page Three
March 14, 2017 - Planning Commission Meeting
1. Because the primary operations of a nightclub are that of preparing and serving
alcoholic beverages for immediate on-premises consumption and the provision of
live entertainment, the City Council declares that the public health, safety and
general welfare of the City are best promoted and protected by generally
requiring a minimum separation between a nightclub and other uses that should
be protected from the impacts associated with a nightclub. Therefore, except as
otherwise provided below, no nightclub may be located within 1500 feet of a
church, synagogue, school, child care facility licensed for more than 12 children
or City park.
The proposed Night Club use is not within 1500 feet of any church, synagogue,
school, child care facility licensed for more than 12 children, or City park.
2. A person that desires to operate a nightclub shall obtain both a nightclub land
use entitlement as well as any necessary land use entitlement for the service of
alcohol for on-premises consumption. A person lawfully operating a nightclub as
defined by this section and LVMC 6.39, prior to December 1, 2014, is not
required to obtain a special use permit for the continued operation of such
nightclub use. Real property entitled for a nightclub pursuant to this Code shall
have no specific spacing requirements between other nightclubs. However, as
the nightclub entitlement is a separate and distinct from any land use entitlement
permitting the service of alcohol for on-premises consumption, this provision shall
not act to waive or otherwise diminish the specific spacing requirements between
uses entitled for the service of alcohol for on-premises consumption.
The proposed Night Club use will be operated in conjunction with the Tavern-
Limited Establishment use under Special Use Permit (SUP-68757).
The proposed Night Club use is not within 1500 feet of any church, synagogue,
school, child care facility licensed for more than 12 children, or City park.
PB
SUP-68757 and SUP-68758 [PRJ-68697]
Staff Report Page Four
March 14, 2017 - Planning Commission Meeting
The proposed Night Club use is not within 1500 feet of any church, synagogue,
school, child care facility licensed for more than 12 children, or City park.
5. 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.
PB
SUP-68757 and SUP-68758 [PRJ-68697]
Staff Report Page Five
March 14, 2017 - Planning Commission Meeting
The proposed Night Club use is not within 1500 feet of any church, synagogue,
school, child care facility licensed for more than 12 children, or City park. So no
waiver is necessary.
7. The use shall conform to, and is subject to, the provisions of LVMC Chapter 6.50.
The proposed Night Club use includes a staff recommended condition to obtain a
license for the use and to operate in conformance with LVMC Chapter 6.50.
8. No nightclub may be located within 500 feet of any single family dwelling unless:
a. The parcel on which the nightclub will be located is adjacent to Las Vegas
Boulevard between Charleston Boulevard and Fremont Street;
b. The parcel has a minimum net site area of 0.25 acres; and
c. The nightclub use will be located within a building that has a minimum of
5000 square feet of gross floor area dedicated to the use.
The proposed Night Club use is not within 500 feet of any single family dwellings.
9. Alcohol service is only permitted in conjunction with the following Title 6 alcoholic
beverage licenses: Beer and Wine Room, Tavern, Tavern-Limited and Urban
Lounge.
The proposed Night Club use includes a staff recommended condition to obtain a
license for the use and to operate in conformance with LVMC Chapter 6.50.
PB
SUP-68757 and SUP-68758 [PRJ-68697]
Staff Report Page Six
March 14, 2017 - Planning Commission Meeting
The proposed Night Club use will be located in the 18b Arts District of the Downtown
Centennial Plan. This area of the city has many such establishments and serves as
both an entertainment and arts center for the city, therefore this use is compatible with
surrounding uses and appropriate for the neighborhood. The site itself provides both
internal and external space for the business, with adequate controls to guarantee
compliance with LVMC Chapter 6.50.
The proposed Tavern-Limited Establishment and Night Club uses meet their
perspective Special Use Permit requirements, and are compatible with the surrounding
neighborhood. Therefore, staff recommends approval of the Tavern Limited
Establishment and Night Club Special Use Permits, subject to conditions.
FINDINGS (SUP-68757)
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:
The proposed Tavern Limited Establishment use will be located in the 18b Arts
District of the Downtown Centennial Plan. This area of the city has many such
establishments and serves as both an entertainment and arts center for the city,
therefore this use is compatible with surrounding uses and appropriate for the
neighborhood.
2. The subject site is physically suitable for the type and intensity of land use
proposed.
The subject site is developed with an existing building and provides both
internal and external space for the Tavern Limited Establishment, with
adequate controls to guarantee compliance with LVMC Chapter 6.50.
The subject site has its primary frontage on Main Street and a secondary frontage
on First Street, allowing adequate pedestrian access to the site. The surrounding
transportation network includes transit facilities, bike lanes, and adequate travel
lanes to meet the requirements of this Tavern-Limited Establishment.
PB
SUP-68757 and SUP-68758 [PRJ-68697]
Staff Report Page Seven
March 14, 2017 - 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.
5. The use meets all of the applicable conditions per Title 19.12.
FINDINGS (SUP-68758)
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:
The proposed Night Club use will be located in the 18b Arts District of the
Downtown Centennial Plan. This area of the city has many such establishments
and serves as both an entertainment and arts center for the city, therefore this use
is compatible with surrounding uses and appropriate for the neighborhood.
2. The subject site is physically suitable for the type and intensity of land use
proposed.
The subject site is developed with an existing building and provides both
internal and external space for the Night Club use, with adequate controls to
guarantee compliance with LVMC Chapter 6.50.
PB
SUP-68757 and SUP-68758 [PRJ-68697]
Staff Report Page Eight
March 14, 2017 - Planning Commission Meeting
The subject site has its primary frontage on Main Street and a secondary frontage
on First Street, allowing adequate pedestrian access to the site. The surrounding
transportation network includes transit facilities, bike lanes, and adequate travel
lanes to meet the requirements of this Night Club 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 Night Club use will continue the concentration of arts and
entertainment facilities in the 18b Arts District of the Downtown Centennial Plan,
thereby increasing the vitality of the citys core and increasing the use of multi-
modal transportation options.
5. The use meets all of the applicable conditions per Title 19.12.
The proposed Night Club use conforms to the Special Use Permit requirements
for that use contained in Title 19.12. Conditions of approval also require
appropriate licensing be obtained prior to operation and conformance to LVMC
6.50 be maintained.
BACKGROUND INFORMATION
PB
SUP-68757 and SUP-68758 [PRJ-68697]
Staff Report Page Nine
March 14, 2017 - Planning Commission Meeting
Pre-Application Meeting
A pre-application conference was held with the applicant, city staff
outlined licensing requirements, the Downtown Business Assistance
01/23/17
Program, fire safety issues, encroachments in the right of way, and the
submittal requirements for two Special Use Permit applications.
Field Check
Staff completed a routine site visit, noting an existing retail facility that
02/02/17
was unoccupied at this time but was properly maintained.
PB
SUP-68757 and SUP-68758 [PRJ-68697]
Staff Report Page Ten
March 14, 2017 - Planning Commission Meeting
DEVELOPMENT STANDARDS
PB
SUP-68757 and SUP-68758 [PRJ-68697]
Staff Report Page Eleven
March 14, 2017 - Planning Commission Meeting
PB
SUP-68757
777b
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SUP-68757
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SUBJECT:
SUP-68758 - SPECIAL USE PERMIT RELATED TO SUP-68757 - PUBLIC HEARING -
APPLICANT: HIGH VIRTUE, LLC - OWNER: GERBY INVESTMENTS, LLC - For possible
action on a request for a Special Use Permit FOR A 4,000 SQUARE-FOOT NIGHT CLUB USE
WITH A 2,000 SQUARE-FOOT OUTDOOR SEATING AREA at 1007 and 1009 South Main
Street (APN 139-33-811-026), C-M (Commercial/Industrial) Zone, Ward 3 (Coffin) [PRJ-
68697]. Staff recommends APPROVAL.
RECOMMENDATION:
Staff recommends APPROVAL, 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-68758
777b
77b
SUP-68758
Agenda Item No.: 13.
SUBJECT:
SUP-68729 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: ONO'S ISLAND
BBQ - OWNER: POLY GLOBAL INVESTMENTS, LLC - For possible action on a request for
a Special Use Permit TO ALLOW AN EXISTING OPEN AIR VENDING USE (BBQ CART)
ADJACENT TO RESIDENTIALLY ZONED PROPERTY TO HAVE A 24-HOUR
OPERATION, WHERE 10:00 AM TO 8:00 PM IS PERMITTED at 5740 West Charleston
Boulevard (APN 138-36-406-010), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ-
68698]. Staff recommends APPROVAL.
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/Support Postcards
SUP-68729 [PRJ-68698]
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
APPROVALS 1
PROTESTS 1
JB
SUP-68729 [PRJ-68698]
Conditions Page One
March 14, 2017 - Planning Commission Meeting
** CONDITIONS **
SUP-68729 CONDITIONS
Planning
1. Conformance to all Minimum Requirements under LVMC Title 19.12 for an Open
Air Vending use.
2. This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
3. A Waiver from Title 19.12 is hereby approved, for an Open Air Vending (BBQ cart)
use adjacent to residentially zoned property with no limitation on the hours of
operation.
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. The existing Open Air Vending (BBQ cart) use shall comply with Las Vegas
Municipal Code 9.16 Noise Ordinance.
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. All City Code requirements and design standards of all City departments must be
satisfied, except as modified herein.
JB
SUP-68729 [PRJ-68698]
Staff Report Page One
March 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting a Special Use Permit for an existing Open Air Vending (BBQ
Cart) use within an existing commercial development at 5740 West Charleston
Boulevard to amend their hours of operation to 24-hours.
ISSUES
x A Waiver of Title 19.12 Condition #7(f) is required to allow an Open Air Vending
(BBQ cart) adjacent to residentially zoned property with a proposed 24-hour
operation, where 10:00am to 8:00pm is allowed. Staff recommends approval of this
request.
ANALYSIS
A Special Use Permit is required for the existing Open Air Vending (BBQ Cart) because
the applicant has requested a Waiver to allow an Open Air Vending (BBQ cart) adjacent
to residentially zoned property with proposed 24-hours of operation, where 10:00am to
8:00pm is allowed. The subject site is located within the C-1 (Limited Commercial)
zoning district.
An Open Air Vending use is described in Tile 19.12 as: An outdoor area or lot that is
used exclusively, or on a regular or periodic basis, for the sale or taking of orders for
any merchandise, including food items, where:
1. Such merchandise is displayed or sold within or upon the area or lot; and
2. No permanent physical structures or facilities are used as integral parts of the
sales or order taking operations.
JB
SUP-68729 [PRJ-68698]
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
1. No signage, including temporary signage, is allowed, except that, in the case of Open
Air Vending or Mobile Food Vending, the vehicle or portable unit may include signage
which is affixed thereto but only to the extent such signage is not prohibited by LVMC
19.08.120(E)(3).
2. The site must be kept free of any litter or debris at all times.
The applicant will be required to keep the site free of any litter or debris at all times. In
addition, there has been no Licensing Enforcement or Code Enforcement cases
processed for the existing use.
There are no structures proposed within the public right-of way with this project.
No permanent or temporary tables, chairs, tents, or coverings for dining areas (including
tarps and umbrellas) have been proposed with this project.
The existing Open Air Vending operation is located on the southern perimeter of the
subject site and is not located within any required parking spaces or required drive
aisles. Conditional Use Verification (CUV-68033) designated two none required parking
spaces for the existing Open Air Vending (BBQ Cart) use.
6. The vending/sales activity must be located at least 150 feet from residential
development except where the location is part of a mixed-use development.
Based upon aerial measurements associated with Conditional Use Verification (CUV-
68033) the existing Open Air Vending operation is located approximately 150 feet away
from the multi-family residential development located to the west and 255 feet from the
undeveloped residential parcel to the north.
JB
SUP-68729 [PRJ-68698]
Staff Report Page Three
March 14, 2017 - Planning Commission Meeting
The subject site is located within the C-1 (Limited Commercial) zoning district.
The existing Open Air Vending operation is not located within landscape area.
d. No more than one vendor is permitted on any one lot, and the vending area
shall be limited to a maximum of 500 square feet; provided, however, that those
limitations do not apply:
i. In connection with a Special Event Permit that allows a greater level of
vending activity by means of Open Air Vending;
ii. On a parcel whose development approval or approvals contemplate a
greater level of vending activity by means of Open Air Vending; or
iii. Within the plaza area of a commercial lot;
The Open Air Vending operation in question is the only vendor with an active
business license to operate on the subject site; in addition the vending area is
approximately 279 square feet in size and does not exceed 500 square feet.
e. At a location other than the plaza area of a commercial lot, vending operations
shall comply with required building setbacks for that location;
The submitted plans indicate the existing Open Air Vending (BBQ cart) is located
15 feet from the front-yard setback, which exceeds the 10 feet required by Title
19.08.
f. On any lot that is adjacent to a residentially zoned lot, the hours of operation
shall be limited to the period between 10 a.m. and 8 p.m.; and
The applicant has requested a Waiver of this condition to allow the existing Open
Air Vending (BBQ cart) to operate 24-hours a day, where 10:00am to 8:00pm is
allowed.
JB
SUP-68729 [PRJ-68698]
Staff Report Page Four
March 14, 2017 - Planning Commission Meeting
g. No supply or drainage pipes or power supply cords that pertain to the vending
operation may be placed on or across surface parking or unimproved areas, or
be attached to adjoining or nearby buildings, unless the vending operation is
located immediately adjacent to the building so that the attached pipes or power
cords have minimal exposure and do not present a potential hazard for
passersby.
During the required field check conducted by staff, staff noticed a well maintained
Open Air Vending (BBQ Cart) use at the subject site.
A Special Use Permit is required because this request fails to comply with the allowable
hours of operation outlined within the conditional use requirement 7(f) listed within Title
19.12 for the Open Air Vending land use. Staff notes, the residentially zoned parcel to
the north of the subject site is currently undeveloped and the parcel the west serves as
an entryway to an existing multi-family development. Furthermore, the existing Open Air
Vending (BBQ cart) is centrally located within the commercial development and is
screened from the adjacent residential developments by multiple intervening buildings.
In order to address concerns which may arise due to noise generated from the Open Air
Vending use, Staff is recommending a condition which requires the use to comply with
all Title 9.16 noise restrictions. Staff has determined the required Waiver to amend the
allowable hours of operation is suitable for the subject site and harmonious with the
surrounding residential land uses located to the west and north of the subject site,
therefore; staff recommends approval of the Special Use Permit with conditions.
FINDINGS (SUP-68729)
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:
The existing Open Air Vending (BBQ Cart) use is compatible with the MXU
(Mixed Use) General Plan land use designation and is located within an existing
commercial development. The existing use requires a Waiver to amend its
hours of operation to a 24-hour operation, where 10:00am to 8:00pm is allowed
by Title 19.12. Staff has determined that the proposed amended hours of
operation can be conducted in a manner that is harmonious and compatible
with the surrounding land uses.
JB
SUP-68729 [PRJ-68698]
Staff Report Page Five
March 14, 2017 - Planning Commission Meeting
2. The subject site is physically suitable for the type and intensity of land use
proposed.
The Open Air Vending (BBQ Cart) is located within an established commercial
development and is currently in operation on the subject site and currently
occupies two on-site parking spaces. There is no evidence of a physical constraint
on the subject site.
Primary site access is from Charleston Boulevard, a 100-foot wide Primary Arterial
and Upland Boulevard an 80-foot Local Street. The rights-of-way provide
adequate capacity to serve 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 existing Open Air Vending (BBQ Cart) use will be subject to regular
inspections by regulatory agencies for business licensing and will therefore not
compromise the publics health, safety or general welfare, or the overall objectives
of the General Plan.
5. The use meets all of the applicable conditions per Title 19.12.
Meets all conditions except 7(f), the applicant has proposed a Waiver of Title
19.12 condition 7(f) that would allow the existing Open Air Vending (BBQ Cart)
use to amend its hours to 24-hours, where 10:00am to 8:00pm is allowed by Title
19.12. Staff supports the applicants request for a Waiver.
BACKGROUND INFORMATION
JB
SUP-68729 [PRJ-68698]
Staff Report Page Six
March 14, 2017 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was conducted with the applicant to go over
the application materials and submittal requirements for a Special Use
01/24/17
Permit for an existing Open Air Vending with a Waiver to amend the
allowable hours of operation.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one conducted.
Field Check
A routine field check was conducted by staff and found a well
02/02/17
maintained commercial development.
JB
SUP-68729 [PRJ-68698]
Staff Report Page Seven
March 14, 2017 - Planning Commission Meeting
DEVELOPMENT STANDARDS
Waivers
Requirement Request Staff Recommendation
To allow an Open Air
On any lot that is adjacent to Vending (BBQ cart)
a residentially zoned lot, the adjacent to
hours of operation shall be residentially zoned Approval
limited to the period between property with
10 a.m. and 8 p.m. proposed 24-hour
operation
JB
SUP-68729
SUP-68729
SUP-68729
SUP-68729
SUP-68729
SUP-68729
SUP-68729 [PRJ-68698] - SPECIAL USE PERMIT - APPLICANT: ONO'S ISLAND BBQ - OWNER: POLY GLOBAL
INVESTMENTS, LLC
5740 WEST CHARLESTON BOULEVARD
02/02/17
SUP-68729 [PRJ-68698] - SPECIAL USE PERMIT - APPLICANT: ONO'S ISLAND BBQ - OWNER: POLY GLOBAL
INVESTMENTS, LLC
5740 WEST CHARLESTON BOULEVARD
02/02/17
77
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SUP-68729
Agenda Item No.: 14.
SUBJECT:
SUP-68768 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: 707
FREMONT, LLC - For possible action on a request for a Special Use Permit FOR A TATTOO
PARLOR/BODY PIERCING STUDIO USE at 707 Fremont Street, Suite #1140 (APN 139-34-
601-007), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-68645]. Staff recommends
APPROVAL.
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-68768 [PRJ-68645]
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
APPROVALS 0
PROTESTS 4
RG
SUP-68768 [PRJ-68645]
Conditions Page One
March 14, 2017 - Planning Commission Meeting
** CONDITIONS **
SUP-68768 CONDITIONS
Planning
1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Tattoo
Parlor/Body Piercing Studio use.
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-68768 [PRJ-68645]
Staff Report Page One
March 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit for a proposed Tattoo Parlor/Body Studio
Piercing use at 707 Fremont Street, Suite #1140.
ISSUES
ANALYSIS
This is a request for a Special Use Permit for a proposed Tattoo Parlor/Body Piercing
Studio use. The subject property is an existing commercial plaza (The Container Park).
The proposed use will be located within the rail car and caboose, which housed a
barber shop previously. The subject propertys current zoning is C-2 (General
Commercial); it is located within the Live Work Overlay and the Downtown
Entertainment Overlay Districts. There are trails that are adjacent to the subject
property: a Multi Non-Equestrian on 7th Street and the Downtown Trail on Fremont
Street. The proposed use is subject to the requirements Title 19 and the Downtown
Centennial Plan.
Proposed projects or uses located within the Las Vegas Downtown Centennial Plan
area are not subject to the automatic application of parking requirements. The subject
property is located on a major mass transit route and there are parking garages in the
immediate vicinity.
A Tattoo Parlor/Body Piercing Studio use is permitted in the C-2 (General Commercial)
zoning district with the approval of a Special Use Permit. Additionally, the following
analysis is required:
RG
SUP-68768 [PRJ-68645]
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
1. The placing of designs, letters, figures, symbols or other marks upon or under the
skin of any person, using ink or other substances which result in the permanent
coloration of the skin by means of the use of needles or other instruments
designed to contact or puncture the skin.
2. The creation of an opening in the body of a person for the purpose of inserting
jewelry or other decoration.
This use does not include a permanent makeup establishment. The proposed use
meets the definition as the submitted justification letter, date stamped 01/26/17, clearly
states that the request is for a Tattoo Parlor to be located within the rail car and
caboose in Container Park.
There are no Minimum Special Use Permit Requirements for this use.
The subject propertys zoning of C-2 allows the proposed Tattoo Parlor/Body Piercing
Studio with an approved Special Use Permit. The proposed land use can be conducted
in a manner that is harmonious and compatible with existing surrounding and future
surrounding land uses; therefore, staff recommends approval of this request with
conditions. If this request is denied, the proposed use will not be permitted to operate at
the subject property.
FINDINGS (SUP-68768)
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:
The proposed Tattoo Parlor/Body Piercing Studio use is proposed within the
Downtown Entertainment Overlay District and can be conducted in a manner that
is harmonious with the surrounding uses.
2. The subject site is physically suitable for the type and intensity of land use
proposed.
The subject site is physically suitable for a Tattoo Parlor/Body Piercing Studio, as
this area is designated for this and other similar types of uses.
RG
SUP-68768 [PRJ-68645]
Staff Report Page Three
March 14, 2017 - Planning Commission Meeting
Access to the site is provided via Fremont Street, an 80-foot wide Major Collector
according to the Master Plan of Streets and Highways. The right-of-way provides
adequate capacity to serve 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.
5. The use meets all of the applicable conditions per Title 19.12.
The proposed Tattoo Parlor/Body Piercing Studio use meets all of the applicable
conditions of Title 19.12.
BACKGROUND INFORMATION
RG
SUP-68768 [PRJ-68645]
Staff Report Page Four
March 14, 2017 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was conducted with the applicant and the
submittal requirements for a Special Use Permit for a proposed Tattoo
01/18/17
Parlor/Body Piercing Studio use at 707 Fremont Street were
discussed.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
RG
SUP-68768 [PRJ-68645]
Staff Report Page Five
March 14, 2017 - Planning Commission Meeting
Field Check
A field check was conducted by staff of the subject suite where the
proposed use will be located in a caboose towards the rear of the
02/02/17
property. The subject property is an existing commercial plaza, which
is well maintained.
RG
SUP-68768 [PRJ-68645]
Staff Report Page Six
March 14, 2017 - Planning Commission Meeting
DEVELOPMENT STANDARDS
Actual Complian
Functional
Governing Street ce with
Street Name Classification of
Document Width Street
Street(s)
(Feet) Section
Master Plan of Streets
Fremont Street Major Collector 80 Y
and Highways
Master Plan of Streets
Carson Avenue Major Collector 80 Y
and Highways
Master Plan of Streets
7th Street Major Collector 80 Y
and Highways
RG
SUP-68768 [PRJ-68645]
Staff Report Page Seven
March 14, 2017 - Planning Commission Meeting
RG
SUP-68768
SUP-68768
SUP-68768
SUP-68768
SUP-68768 [PRJ-68645] - SPECIAL USE PERMIT - APPLICANT/OWNER: 707 FREMONT, LLC
707 FREMONT STREET, SUITE #1140
02/09/17
SUP-68768
Agenda Item No.: 15.
SUBJECT:
SDR-68741 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING - APPLICANT:
DEL TACO CORPORATE OFFICE - OWNER: MLK MARIAH-PURE, LLC - For possible
action on a request for a Site Development Plan Review FOR A PROPOSED 2,420 SQUARE-
FOOT RESTAURANT WITH A DRIVE THROUGH on 1.10 acres on the west side of Martin L
King Boulevard, approximately 140 feet north of Mount Mariah Drive (APN 139-21-313-026),
C-1 (Limited Commercial) Zone, Ward 5 (Barlow) [PRJ-68679]. Staff recommends
APPROVAL.
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. Architectural Review Committee Approval Letter
SDR-68741 [PRJ-68679]
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
APPROVALS 0
PROTESTS 0
NE
SDR-68741 [PRJ-68679]
Conditions Page One
March 14, 2017 - Planning Commission Meeting
** CONDITIONS **
SDR-68741 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, landscape plan, and
building elevations, date stamped 01/31/17, except as amended by conditions
herein.
3. Dead and missing landscape materials and ground cover within the western
landscape buffer shall be restored in accordance with the Landscape Plan date
stamped (09/05/13) approved on 11/20/13 as part of Site Development Plan
Review (SDR-50831).
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.
8. A fully operational fire protection system, including fire apparatus roads, fire
hydrants and water supply, shall be installed and shall be functioning prior to
construction of any combustible structures.
NE
SDR-68741 [PRJ-68679]
Conditions Page Two
March 14, 2017 - Planning Commission Meeting
9. All City Code requirements and design standards of all City Departments must be
satisfied, except as modified herein.
Public Works
10. Correct all American's with Disabilities Act (ADA) deficiencies on the sidewalk and
the proposed driveway on Martin Luther King Boulevard in accordance with code
requirements of Title 13.56.040 to the satisfaction of the City Engineer concurrent
with development of this site. All existing paving damaged or removed by this
development shall be restored at its original location and to its original width
concurrent with development of this site.
11. In accordance with the intent of a Commercial Subdivision, all sites within this
subdivision shall have perpetual common access to all driveways connecting this
site to the abutting streets unless incompatible uses can be demonstrated to the
satisfaction of the City Engineer and a note to this effect shall appear on the Final
Map for this site. No barriers (e.g. curbs, wall, etc.) shall be erected within the
boundaries of the overall commercial subdivision map site which would prohibit
any vehicle on this site from utilizing any driveway connecting this commercial
development site to the abutting public streets.
12. 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.
13. This site shall have its own independent connection to the public sewer in Martin
Luther King Boulevard. Alternatively, provide proof that a shared sewer lateral is a
Common Element of the commercial subdivision in the Codes, Covenants, and
Restrictions (CC&Rs).
14. 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.
NE
SDR-68741 [PRJ-68679]
Staff Report Page One
March 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Site Development Plan Review for a proposed 2,420 square-foot
Restaurant with a Drive Through located on the west side of Martin L King Boulevard,
approximately 140 feet north of Mount Mariah Drive in the C-1 (Limited Commercial)
zoning district.
ISSUES
x A Site Development Plan Review is required for a Restaurant with Drive Through in
the C-1 (Limited Commercial) zoning district.
x The Enterprise Park Architectural Review Committee has reviewed and approved
the proposed project.
x A Condition of Approval has been added for the replacement and rehabilitation of
dead and missing landscape materials.
x Wall signs demonstrated in the plans are not part of this review and will be reviewed
for compliance when a sign permit is applied for.
ANALYSIS
The subject site is a vacant, undeveloped 1.10 acre portion of a 1.96 acre site located
on the west side of Martin L. King Boulevard, approximately 140 feet north of Mount
Mariah Drive within Las Vegas Enterprise Park. The applicant has proposed to develop
a single story, 2,420 square-foot Restaurant with Drive Through.
The subject site is zoned C-1 (Limited Commercial) in which a Restaurant use is
permitted. The Drive Through use is a Conditional use in the C-1 (Limited Commercial)
zoning district. Those Conditions include:
1. A single-station drive through shall have a stacking lane that will accommodate a
minimum of six vehicles, including the vehicle at the station. A multiple-station
drive through shall have stacking lanes that will accommodate a minimum of
three vehicles per station, including the vehicle at that station.
2. The drive through shall be screened in accordance with LVMC 19.08.040 (F).
3. In the O (Office) and C-D (Designed Commercial) Districts a drive through shall
be separated from any residentially zoned property by an intervening building
and shall not have access to local residential streets.
NE
SDR-68741 [PRJ-68679]
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
The proposed Restaurant with Drive Through has met Conditions of Approval numbers
one and two, with three not being applicable.
Due to previous development south of the subject site, portions of the parking lot
landscape islands located in between the proposed restaurant and the existing
restaurant have already been installed, along with the perimeter landscaping along the
western perimeter. During a routine field check staff observed dead and missing
landscape materials within the existing western landscape buffer. Staff has added a
Condition of Approval requiring the missing and dead landscape materials to be
restored in accordance with the original approved landscape plan, Site Development
Plan Review (SDR-50831). The remaining landscaping to be installed meets the
minimum requirements set forth by Title 19.08 for perimeter landscape buffers and
parking lot islands.
The subject site is located within the Las Vegas Enterprise Park and is subject to the
development standards for the park. The Architectural Review Committee reviews
proposed projects during the course of three meetings. The Las Vegas Enterprise Park
Architectural Review Committee conditionally approved the proposed plans on 02/01/17
at the conclusion of meeting number two. After receiving the additional documentation
required after meetings one and two, the Architectural Review Committee held meeting
number three and approved the proposed project on March 1, 2017.
The commercial utilization of vacant land by constructing a new Restaurant with Drive
Through within Las Vegas Enterprise Park will encourage more business activity within
the area. Developing this highly visible, vacant lot adjacent to Martin L King Boulevard is
not only consistent with the Las Vegas Enterprise Park plan objectives, but the West
Las Vegas Plan objectives as well. There are a number of offices and commercial uses
throughout the existing commercial subdivision and the addition of a Restaurant with
Drive Through will add to the diversity of uses within the Las Vegas Enterprise Park.
All development standards are being met including the parking and landscaping
requirements set forth by Title 19 for the C-PB (Planned Business Park) zone. The
project is well designed and is an appropriate addition to the Las Vegas Enterprise
Park. For these reasons, staff is recommending approval of this application. If denied,
the proposed project will not be constructed.
FINDINGS (SDR-68741)
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:
NE
SDR-68741 [PRJ-68679]
Staff Report Page Three
March 14, 2017 - 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 development is located within Las Vegas Enterprise Park. The
Architectural Review Committee for Las Vegas Enterprise Park reviewed the
proposed project and conditionally approved the project on 02/01/17.
Site access is from an existing drive off of Martin L. King Boulevard, a 100-foot
Primary Arterial as classified by the Master Plan of Streets and Highways. There
is also shared access with the existing Restaurant with a Drive Through to the
south of the subject site that also provides access from Mount Mariah Drive, a 60-
foot Minor Collector Street as defined by Title 13 for Streets, Sidewalks and Public
Places. Both Martin L. King Boulevard and Mount Mariah Drive is sufficient in size
to provide site access for both the existing and proposed Restaurant with Drive
Through.
4. Building and landscape materials are appropriate for the area and for the
City;
The proposed elevations and landscape plan depict building and landscape
materials that are appropriate for a desert climate, and are consistent with existing
development throughout the Las Vegas Enterprise Park. The proposed landscape
materials include the Desert Palo Verde and the Chinese Pistache tree, with
Rosemary and Red Yucca shrubs. The proposed elevations demonstrate a
building with decorative canopies and stone veneer to match the existing
development in the area. The proposed Restaurant with Drive Through will
develop a currently vacant, undeveloped lot and will make a positive visual
improvement to the immediate area.
NE
SDR-68741 [PRJ-68679]
Staff Report Page Four
March 14, 2017 - Planning Commission Meeting
6. Appropriate measures are taken to secure and protect the public health,
safety and general welfare.
The proposed Restaurant with Drive Through will be subject to building permit
review and inspections during the construction phase, with the restaurant being
subject to the business license review process once the future tenant is ready to
inhabit the building. Therefore, appropriate measure will be taken to protect the
public health, safety and general welfare.
BACKGROUND INFORMATION
NE
SDR-68741 [PRJ-68679]
Staff Report Page Five
March 14, 2017 - Planning Commission Meeting
Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
01/23/17 requirements for a Site Development Plan Review and a submittal for
Enterprise Park Review were discussed.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
During a routine field check, staff observed the subject site to be
surrounded by development to the north and south, with existing drives
already in place. The landscape buffer along the western perimeter
02/02/17 was installed as part of previous development and was missing ground
cover in portions, with dead plants and weeds present as well. Staff
has added a Condition of Approval for the existing landscaping to be
restored in accordance with the original approved landscape plan.
NE
SDR-68741 [PRJ-68679]
Staff Report Page Six
March 14, 2017 - Planning Commission Meeting
NE
SDR-68741 [PRJ-68679]
Staff Report Page Seven
March 14, 2017 - Planning Commission Meeting
DEVELOPMENT STANDARDS
NE
SDR-68741 [PRJ-68679]
Staff Report Page Eight
March 14, 2017 - Planning Commission Meeting
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Floor Required Provided Compliance
Area or Parking Parking
Use Parking
Number of Handi- Handi-
Ratio Regular Regular
Units capped capped
1 Space
Per 50
SF of
Restaurant 1,040 SF 21
Public
with Drive
Seating /
Through
Waiting
1,380 SF 1:200 7
Remaining
TOTAL SPACES REQUIRED 28 34 Y
Regular and Handicap Spaces
26 2 32 2 Y
Required
Loading Spaces 1 1 Y
NE
SDR-68741
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SDR-68741 [PRJ-68679] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: DEL TACO CORPORATE OFFICE -
OWNER: MLK MARIAH-PURE, LLC
WEST SIDE OF MARTIN L KING BOULEVARD, NORTH OF MOUNT MARIAH DRIVE
02/02/17
SDR-68741 [PRJ-68679] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: DEL TACO CORPORATE OFFICE -
OWNER: MLK MARIAH-PURE, LLC
WEST SIDE OF MARTIN L KING BOULEVARD, NORTH OF MOUNT MARIAH DRIVE
02/02/17
SDR-68741 [PRJ-68679] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: DEL TACO CORPORATE OFFICE -
OWNER: MLK MARIAH-PURE, LLC
WEST SIDE OF MARTIN L KING BOULEVARD, NORTH OF MOUNT MARIAH DRIVE
02/02/17
SDR-68741 [PRJ-68679] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: DEL TACO CORPORATE OFFICE -
OWNER: MLK MARIAH-PURE, LLC
WEST SIDE OF MARTIN L KING BOULEVARD, NORTH OF MOUNT MARIAH DRIVE
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SDR-68741 - REVISED
Agenda Item No.: 16.
SUBJECT:
SNC-68710 - STREET NAME CHANGE - PUBLIC HEARING - APPLICANT/OWNER:
CITY OF LAS VEGAS - For possible action on a request for a Street Name Change FROM:
GOLDRING AVENUE AND BEARDEN DRIVE TO: WELLNESS WAY, between Tonopah
Drive and Desert Lane, Ward 1 (Tarkanian) [PRJ-68632]. Staff recommends APPROVAL.
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Support Postcards
SNC-68710 [PRJ-68632]
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
APPROVALS 2
PROTESTS 0
SS
SNC-68710 [PRJ-68632]
Conditions Page One
March 14, 2017 - Planning Commission Meeting
** CONDITIONS **
SNC-68710 CONDITIONS
Planning
1. This approval shall be void two years from the date of final approval, unless
exercised.
Public Works
2. The applicant shall be responsible for all costs related to this Street Name Change
including signage and installation.
SS
SNC-68710 [PRJ-68632]
Staff Report Page One
March 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
A request from the applicant has been made to rename the portion of Goldring Avenue
and Bearden Drive between Tonopah Drive and Desert Lane as Wellness Way.
ISSUES
x The request is a result of the realignment of Bearden Drive with Goldring Avenue at
the intersection of Shadow Lane
x The change is requested by the Citys Public Works Department to better promote
the Las Vegas Medical District
ANALYSIS
The Citys Public Works Department is currently working on a project involving the
realignment of Bearden Drive and Goldring Avenue at the intersection of Shadow Lane.
Since, the project will result in a conjoining street bearing different names; the City has
requested that the new street created as a result of the realignment be named Wellness
Way. The re-aligned street segment will terminate on the west at Tonopah Drive and on
the east at Desert Lane, which will eventually become the Martin L King Boulevard right
of-way alignment with the completion of Project Neon. The applicant indicated in the
justification letter that the realignment of Goldring Avenue and Bearden Dive required
the purchase of a property located at 801 Shadow Lane. The property will be
demolished as part of the realignment project. The realignment project is scheduled to
begin in Summer 2017. Thirteen property owners and 14 existing addresses are
affected by the proposed street name change. The proposed street name has also been
reviewed and approved by the Fire & Rescue Department.
FINDINGS (SNC-68710)
Staff supports the requested Street Naming Change as it is consistent with the adopted
2009 Street Naming and Address Assignment Regulations.
JB
SNC-68710 [PRJ-68632]
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
BACKGROUND INFORMATION
Pre-Application Meeting
A pre-application meeting was held with the applicant by phone, during
01/18/17
which submittal requirements were discussed.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
During a field check, staff verified the following:
x In this area, Goldring Avenue terminates on the west at
Tonopah Drive and terminates on the east at Shadow Lane
02/02/17 x In this area, Bearden Drive terminates on the west at Shadow
Lane and terminates on a northerly alignment into a cul-de-sac.
x Several single-family and commercial properties are addressed
from Goldring Avenue and Bearden Drive
JB
SNC-68710 [PRJ-68632]
Staff Report Page Three
March 14, 2017 - Planning Commission Meeting
DEVELOPMENT STANDARDS
Properties with addresses on Bearden Drive and Goldring Avenue that will
require re-addressing:
APN Building Address Owner Driveway
Access to
Bearden Drive
or Goldring
Avenue
139-33-402-011 1600 Bearden Drive Roxana N. Tejada-
yes
Jitsuya
139-33-402-010 1604 Bearden Drive Carlos O. Ortega and
Maria Christina B. yes
Tibajia-Ortega
139-33-402-019 1605 Bearden Drive John C. Wawerna yes
139-33-402-009 1608 Bearden Drive Chris Alex M.
yes
Caraang
139-33-402-008 1700 Bearden Drive One Realty, LLC yes
139-33-402-030 1701 Bearden Drive Eziagu Properties,
yes
LLC
139-33-402-007 1706 Bearden Drive Pitterman Family
yes
Trust
139-33402-015 1707 Bearden Drive City of Las Vegas no
139-33-402-006 1710 Bearden Drive Eziagu Properties,
no
LLC
139-33402-014 1711 Bearden Drive City of Las Vegas no
139-33-402-004 1712 Bearden Drive MDPLUS, LLC yes
139-33-401-003 2000 Goldring Pulmonary Associates
yes
Avenue
139-33-412-001 2010 & 2020 Gold Shadow
yes
Goldring Avenue Properties, LLC
JB
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SNC-68710
SNC-68710
SNC-68710 [PRJ-68632] - STREET NAME CHANGE - APPLICANT/OWNER: CITY OF LAS VEGAS
, BETWEEN TONOPAH DRIVE AND DESERT LANE
02/02/17
SNC-68710 [PRJ-68632] - STREET NAME CHANGE - APPLICANT/OWNER: CITY OF LAS VEGAS
, BETWEEN TONOPAH DRIVE AND DESERT LANE
02/02/17
SNC-68710 [PRJ-68632] - STREET NAME CHANGE - APPLICANT/OWNER: CITY OF LAS VEGAS
, BETWEEN TONOPAH DRIVE AND DESERT LANE
02/02/17
SNC-68710 [PRJ-68632] - STREET NAME CHANGE - APPLICANT/OWNER: CITY OF LAS VEGAS
, BETWEEN TONOPAH DRIVE AND DESERT LANE
02/02/17
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Agenda Item No.: 17.
SUBJECT:
ABEYANCE - GPA-67883 - GENERAL PLAN AMENDMENT - PUBLIC HEARING -
APPLICANT/OWNER: AQUA BAMBOO, LLC, ET AL - For possible action on a request for a
General Plan Amendment FROM: DR (DESERT RURAL DENSITY RESIDENTIAL) AND R
(RURAL DENSITY RESIDENTIAL) TO: SC (SERVICE COMMERCIAL) on 2.42 acres on
the east side of Rainbow Boulevard, approximately 85 feet north of Ann Road (APNs 125-26-
410-004 through 006), Ward 6 (Ross) [PRJ-67774]. Staff recommends DENIAL.
C.C.: 4/19/2017
RECOMMENDATION:
Staff recommends DENIAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Staff Report - GPA-67883 and ZON-67884 [PRJ-67774]
3. Supporting Documentation
4. Photo(s) - GPA-67883 and ZON-67884 [PRJ-67774]
5. Justification Letter - GPA-67883 and ZON-67884 [PRJ-67774]
6. Protest Postcard and Support Comment Forms/Postcards, Support E-mails and Petition -
GPA-67883 and ZON-67884 [PRJ-67774]
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Conditions Page One
March 14, 2017 - Planning Commission Meeting
SDR-68234 CONDITIONS
Planning
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 12/27/16, except as amended by conditions
herein.
4. A Waiver from Title 19.08 is approved to allow a zero-foot landscape buffer along
the east perimeter where eight feet is required.
5. A six to eight-foot tall solid screen wall shall be constructed along the north
property line and the east perimeter of the development, allowing access to the
existing well for maintenance.
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. 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.
NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Conditions Page Two
March 14, 2017 - Planning Commission Meeting
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. Dedicate 10 feet of right-of-way adjacent to this site for Rainbow Boulevard
prior to the issuance of any permits.
14. 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.
15. Abandon the existing septic tank system per Southern Nevada Health District
regulations and connect to the public sewer concurrent with on-site development
activities.
NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Conditions Page Three
March 14, 2017 - Planning Commission Meeting
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. Construct a median in Rainbow Boulevard that restricts left-out access to the
southern driveway of this site while maintaining left-in access to the parcel on the
west side of Rainbow Boulevard.
18. 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.
19. A Drainage Plan and Technical Drainage Study must be submitted to and
approved by the Department of Public Works prior to the issuance of any building
or grading permits or submittal of any construction drawings, whichever may occur
first. Provide and improve all drainageways recommended in the approved
drainage plan/study. The developer of this site shall be responsible to construct
such neighborhood or local drainage facility improvements as are recommended
by the City of Las Vegas Neighborhood Drainage Studies and approved Drainage
Plan/Study concurrent with development of this site.
NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page One
March 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request to amend the General Plan land use designations and rezone three
parcels located at 5640, 5664 and 5686 North Rainbow Boulevard, approximately 85
feet north of Ann Road for a proposed 28,800 square-foot commercial development.
ISSUES
x A General Plan Amendment is requested to change the land use designations from
DR (Desert Rural Density Residential) and R (Rural Density Residential) to SC
(Service Commercial).
x A Rezoning is requested on this site from R-E (Residence Estates) to C-1 (Limited
Commercial).
x A Waiver is required to allow a zero-foot landscape buffer where eight feet is
required along the eastern perimeter of the subject site. Staff supports this request
due to an existing access easement for an existing well.
ANALYSIS
The subject sites are three adjacent single family detached residences which are
proposed to be merge into one lot for the development of a commercial building. In
order to accomplish this, the applicants are requesting to amend a portion of the
Northwest Sector of the Las Vegas 2020 Master Plan from R (Rural Density
Residential) and DR (Desert Rural Residential Density) to SC (Service Commercial),
and to rezone the three subject sites from R-E (Residence Estates) to C-1 (Limited
Commercial).
NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
x Health Club
x Rental Store
x Restaurant
x Trade School (Includes outdoor training for such skills as large equipment
operators)
x Wedding Chapel
Once the subject site is rezoned, the property does not have to be developed in the
manner proposed; however, a Site Development Plan Review would be required. A new
application could possibly include three separate commercial developments. In
addition, all land uses permitted as of right in the C-1 (Limited Commercial) zoning
district would be allowed through the issuance of a business license. Additionally, all
land uses that are Conditional in the C-1 (Limited Commercial) zoning district would be
allowed to operate once the conditions set forth by Title 19.12 were met without review
through the public hearing process. The following Conditional Uses would be able to
meet the conditions set forth by Title 19.12:
x Auto Broker
x Auto Parts Store with Accessory Installation
x Auto Smog Check
x Automobile Repossession Agency
x Building Maintenance Service and Sales
x Check Cashing Services, Limited
x Drive Through
x Hospital
x Light Assembly & Fabrication (Wholesale Printing, Stained Glass Assembly, etc.)
x Mixed-Use Development (Subject to Residential Adjacency Standards)
x Multi-Family Residential (as part of a Mixed-Use development)
x Open Air Vending
x Recreational Vehicle and Boat Storage
x Secondhand Dealer (Limited to 5,000 square feet)
x Social Service Provider
x Teen Dance Center
x Thrift Shop
There are Permitted and Conditional land uses associated with the C-1 (Limited
Commercial) zoning district are too intense and inappropriate for direct adjacency to
large-lot homes that are zoned R-E (Residence Estates) within Clark County.
NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Three
March 14, 2017 - Planning Commission Meeting
Due to this direct adjacency of the subject sites to property under the jurisdiction of
Clark County, staff reached out to Clark Countys Comprehensive Planning Department
and received the following feedback from management:
Thanks for the opportunity to review the proposed project. The County opposes this
request as it is in conflict with the Citys proposed Rainbow Boulevard North Corridor
Plan and its effort to maintain the low density residential character of Rainbow
Boulevard north of Ann Road. Additional commercial in this corridor is not appropriate
and will negatively affect residents in this area.
Additionally, on December 21, 2016 an Interlocal agreement between the City of Las
Vegas and Clark County was entered into to establish a joint position on corporate
boundaries, planning and public facilities/services provision. Section Two (2) of this
document for Joint Land Use Planning identifies areas to remain residential and their
allowed densities. The existing residential homes directly north and east of the subject
sites are within Planning Area A1 of this interlocal agreement ,which states, During the
term of this Agreement, the areas identified as Planning Area A1 and A2 must remain
residential and designated at a density of no greater than 2.0 Units per Gross Acre on
the Parties respective comprehensive plans. The Parties agree that they shall not
accept any General Plan Amendments (GPA) nor amend their respective
comprehensive plans, rezone such properties or approve special or conditional use
permits to allow industrial or commercial uses or residential densities above 2.0 Units
per Gross Acre and each lot will maintain a minimum buildable net lot area of at least
18,000 square feet with a goal of at least 18,500 square feet. As a result of this
agreement, the surrounding properties to the north and east of the subject sites will
remain large-lot residential homes with a maximum density of two units per acre.
Although the subject site is not included in the agreement, the proposed intensity
allowed by the C-1 (Limited Commercial) zoning district is not compatible with the
existing surrounding rural neighborhoods.
On February 15, 2017 the City Council adopted the Rainbow Boulevard North Corridor
Plan via Resolution 7-2017. This corridor plan includes 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. The subject sites are included
in this plan. The plan seeks to preserve the essence of the small amounts of remaining
rural character along the Rainbow Boulevard North Corridor by emphasizing uses that
serve the corridor community and encouraging development patterns that align with the
single family neighborhoods. It is important to note that this plan does not exclude
commercial or multi-family residential uses along the corridor; rather it seeks to
encourage those uses to contribute to the needs of the neighborhoods and aesthetically
blend in with the community. The corridor was divided into three Character Areas, in
response to each areas unique physical form of the built environment, density, and land
use. The three Character Areas include Tropical-Rainbow, Ann-Rainbow, and Rancho-
Rainbow.
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GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Four
March 14, 2017 - Planning Commission Meeting
The subject sites are located within the Ann-Rainbow Character Area. This area
accounts for the majority of the land share of the corridor (44%), with a majority of this
land zoned residential. This Character Area also includes the intersection of Ann Road
and Rainbow Boulevard. Three of the 17 commercially zoned parcels within the corridor
plan are three corners of this intersection. The subject sites are adjacent to one of the
three commercially zoned corners, the northeast corner of Ann Road and Rainbow
Boulevard. This corner is zoned C-1 (Limited Commercial). The applicant is requesting
to further encroach into the C-1 (Limited Commercial) zoning district into the existing
rural neighborhood to the north.
This Site Development Guidelines of the Rainbow North Corridor Plan specifically
excludes the subject sites since they are north of the Ann and Rainbow intersection.
The preferred development outlined by the Rainbow North Corridor Plan for this section
of the Character Area is residential and include:
x Duplexes that retain the bulk and scale of the surrounding neighborhood
developments;
x Townhouses that are oriented to Rainbow Boulevard.
The proposed landscape plan did not specify the spacing of the proposed trees, or the
specific placement of the proposed shrubs. Due to this, staff was unable to confirm the
proposed landscape plan met the minimum landscaping requirements set forth by Title
19.08. To ensure compliance, staff has added a Condition of Approval requiring one 24-
inch box tree to be planted every 20 feet on-center, with four, five-gallon shrubs for each
required tree.
Due to the existence of this quasi-municipal well at the rear of 5686 North Rainbow
Boulevard, an access easement is necessary to provide access to the well for
maintenance and service. This access easement prevents the proposed development
from providing the required eight-foot landscape buffer adjacent to the property line as
NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Five
March 14, 2017 - Planning Commission Meeting
The Department of Public Works has waived the Complete Streets requirement for the
proposed development if approved. The adjacent northeast corner of Ann Road and
Rainbow Boulevard is currently entitled for commercial development with approved half
street improvement requirements. If approved, the proposed commercial development
will be required to match the previously approved Site Development Plan Review (SDR-
58147) for half street improvements to the south for sidewalk and roadway consistency.
RECOMMENDATION
Staff finds the proposed General Plan Amendment, Rezoning, and Site Development
Plan Review to be incompatible with the existing residential development that surrounds
the subject sites. Staff does not support the continuing encroachment of commercial
development into a predominantly residential area, especially when the proposed
commercial development is directly adjacent to property zoned R-E (Rural Estates
Residential) within an RNP (Rural Neighborhood Preservation) area in Clark County
Nevada. In addition, the subject sites are within the North Rainbow Corridor Plan which
specifically recommends residential type uses such as townhomes and duplexes for the
subject sites if developed. For these reasons, staff is recommending denial of these
requests.
FINDINGS (GPA-67883)
Section 19.16.030(I) of the Las Vegas Zoning Code requires that the following
conditions be met in order to justify a General Plan Amendment:
The density and intensity of the land uses permitted by the proposed SC (Service
Commercial) General Plan designation and associated zoning districts are not
compatible with the existing single family detached homes that are directly
adjacent to the north and east of the subject site. These existing home sites are
on an average over three-quarters of an acre each and are rural in nature.
Intense commercial development is not an appropriate buffer for properties
designated RNP (Rural Neighborhood Preservation) in Clark County.
NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Six
March 14, 2017 - Planning Commission Meeting
The proposed General Plan Amendment does not comply with the North
Rainbow Corridor Plan, which specifically recommends residential type
development such as duplexes and townhomes for property adjacent to
Rainbow Boulevard, north of Ann Road.
FINDINGS (ZON-67884)
If approved, the proposed C-1 (Limited Commercial) zoning district would conform
to the proposed General Plan designation of SC (Service Commercial).
NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Seven
March 14, 2017 - Planning Commission Meeting
2. The uses which would be allowed on the subject property by approving the
rezoning will be compatible with the surrounding land uses and zoning
districts.
The land uses permitted by the proposed C-1 (Limited Commercial) zoning district
include Banquet Facilities and Clinics. These uses are too intense for the area
north of Ann Road, and are not compatible for residential adjacency.
3. Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
FINDINGS (SDR-68234)
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:
NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Eight
March 14, 2017 - Planning Commission Meeting
lots located at the intersection of Ann Road and Rainbow Boulevard, the
remaining area north of this intersection is entirely residential except for a
preschool just north of the existing Walgreens on the northwest corner of Ann
Road and Rainbow Boulevard. The further encroachment of commercial land
uses into a predominantly residential area is not compatible with the existing
residential 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;
If the General Plan Amendment and rezoning requests are approved, the
proposed development would be consistent with the minimum development
standards for the C-1 (Limited Commercial) zoning district, but would be in direct
contradiction to the Rainbow North Corridor Plan which recommends residential
development such as duplexes and townhomes, not commercial development
and land uses.
4. Building and landscape materials are appropriate for the area and for the
City;
The proposed building would have a stucco finish with an aluminum storefront and
ceramic tile accents to add the appearance of wood. The landscape materials
proposed include the Thornless Chilean Mesquite tree, Red Yucca shrubs, and
New Gold Lantana for accent plants. All of these materials are appropriate for the
area, and a desert climate.
NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Nine
March 14, 2017 - Planning Commission Meeting
The proposed building elevations are not obnoxious or unsightly, but are not
compatible with the existing residential development in the area. The 28,800
square-foot big box style building would not match the established residential
scale that exists to the immediate north and east of the subject sites. The
proposed commercial development would not create an orderly environment as
developing a commercial building and introducing intense land uses directly
adjacent to rural residential homes does not create an orderly or harmonious
environment for an existing residential neighborhood.
6. Appropriate measures are taken to secure and protect the public health,
safety and general welfare.
BACKGROUND INFORMATION
NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Ten
March 14, 2017 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
11/17/16
submittal requirements for a General Plan Amendment and Rezoning.
Staff conducted a pre-application meeting where the submittal
12/15/16
requirements for a Site Development Plan Review were discussed.
NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Eleven
March 14, 2017 - Planning Commission Meeting
Neighborhood Meeting
A neighborhood meeting was held at the Centennial Hills Community
Center/YMCA at 6601 North Buffalo Drive in Las Vegas. There were
19 members of the public, two representatives for the applicant, one
representative from the Ward 6 City Council Office and one member of
Department of Planning staff in attendance.
Staff noted that some of the property owners for the proposed project
may have been there, but were not clearly identified. There were no
residents present expressing support for this project. All who
attended and spoke during the meeting did not support the proposed
Grocery Store, the General Plan Amendment or Rezoning.
NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Twelve
March 14, 2017 - Planning Commission Meeting
Field Check
The site contains three existing single family dwellings maintained in
12/05/16 good condition. Each parcel frontage is walled and gated. There are
no sidewalks adjacent to the site.
NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Thirteen
March 14, 2017 - Planning Commission Meeting
DEVELOPMENT STANDARDS
NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Fourteen
March 14, 2017 - Planning Commission Meeting
NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Fifteen
March 14, 2017 - Planning Commission Meeting
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Required Provided Compliance
Floor Area Parking Parking
Use Parking
or Number Handi- Handi-
Ratio Regular Regular
of Units capped capped
General
Retail Store,
28,800SF 1:250 116
Other Than
Listed
TOTAL SPACES REQUIRED 116 130 Y
Regular and Handicap Spaces Y
111 5 125 5
Required
10,000
Loading
28,800SF to 2 2 Y
Spaces
29,999
NE
GPA-67883
GPA-67883
GPA-67883
GPA-67883
GPA-67883
GPA-67883
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SUBJECT:
ABEYANCE - ZON-67884 - REZONING RELATED TO GPA-67883 - PUBLIC HEARING -
APPLICANT/OWNER: AQUA BAMBOO, LLC, ET AL - For possible action on a request for a
Rezoning FROM: R-E (RESIDENCE ESTATES) TO: C-1 (LIMITED COMMERCIAL) on 2.42
acres on the east side of Rainbow Boulevard, approximately 85 feet north of Ann Road (APNs
125-26-410-004 through 006), Ward 6 (Ross) [PRJ-67774]. Staff recommends DENIAL.
C.C.: 4/19/2017
RECOMMENDATION:
Staff recommends DENIAL
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
ZON-67884
ZON-67884
ZON-67884
ZON-67884
ZON-67884
ZON-67884
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Agenda Item No.: 19.
SUBJECT:
SDR-68324 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-67883 AND ZON-
67884 - PUBLIC HEARING - APPLICANT/OWNER: AQUA BAMBOO, LLC, ET AL - For
possible action on a request for a Site Development Plan Review FOR A PROPOSED 28,800
SQUARE-FOOT GENERAL RETAIL STORE, OTHER THAN LISTED WITH A WAIVER
TO ALLOW A ZERO-FOOT LANDSCAPE BUFFER WHERE EIGHT FEET IS REQUIRED
ALONG THE EAST PERIMETER on 2.42 acres on the east side of Rainbow Boulevard,
approximately 85 feet north of Ann Road (APNs 125-26-410-004 through 006), R-E (Residence
Estates) Zone [PROPOSED: C-1 (Limited Commercial)], Ward 6 (Ross) [PRJ-68162]. Staff
recommends DENIAL.
C.C.: 4/19/2017
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
4. Justification 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-68324
SDR-68324
SDR-68324
SDR-68324
SDR-68324
SDR-68324
SDR-68324
SDR-68324
SDR-68324
Agenda Item No.: 20.
SUBJECT:
ABEYANCE - MOD-68579 - MAJOR MODIFICATION - PUBLIC HEARING -
APPLICANT/OWNER: CITY OF LAS VEGAS - For possible action on a request for a Major
Modification of the Town Center Land Use Plan TO AMEND MAP FOUR TO ADD THE MC-
TC (MONTECITO - TOWN CENTER) LAND USE DESIGNATION AND REMOVE THE
MONTECITO TOWN CENTER MIXED USE COMMERCIAL OVERLAY DESIGNATION
on approximately 202.00 acres generally located north of Clark County 215, east of Durango
Drive (APNs multiple), Ward 6 (Ross) [PRJ-68578]. Staff recommends APPROVAL.
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Comment Form and Protest Postcards
MOD-68579 [PRJ-68578]
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
APPROVALS 0
PROTESTS 0
LM
MOD-68579 [PRJ-68578]
Staff Report Page One
March 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This Major Modification to the Town Center Land Use Map removes the Montecito Town
Center Mixed Use Overlay from the Town Center Land Use Map, replaces it with the
Montecito Town Center (MC-TC) Land Use Designation, and re-designates all
properties currently regulated by the Montecito Mixed Use Commercial Overlay from
Main Street Mixed Use (MS-TC) and Urban Center Mixed-Use (UC-TC) to Montecito
(MC-TC).
ISSUES
x The Permitted Uses Table, as well as many definitions and procedures to which the
Montecito Mixed-Use Overlay refers to, are outdated and not in conformance with
the Town Center Development Standards Manual or Title 19 of the Las Vegas
Municipal Code.
ANALYSIS
Approximately 202 acres of land within the Town Center plan area are currently
designated as Main Street Mixed-Use (MS-TC) and Urban Center Mixed-Use (UC-TC),
and regulated by the Montecito Mixed Use Commercial Overlay, instated by the
Montecito Town Center Development Agreement and depicted on Map 4 (Town Center
Land Use) of the Town Center Development Standards Manual.
LM
MOD-68579 [PRJ-68578]
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
Per the provisions identified in Section 12.1 of the Montecito Town Center Development
Agreement, the agreement will expire on April 10th 2017. In order to maintain the current
rights of property owners and ensure desired future development for the area, this Major
Modification seeks to remove the Montecito Town Center Mixed Use Overlay from the
Town Center Land Use Map, replace it with the Montecito Town Center Land Use
Designation (MC-TC), and re-designate all properties currently regulated by the
Montecito Mixed Use Commercial Overlay from Main Street Mixed Use (MS-TC) and
Urban Center Mixed-Use (UC-TC) to Montecito (MC-TC).
Staff analyzed the Montecito Development Agreement as well as the Town Center
Development Manual, along with existing development within the Montecito Mixed-Use
Overlay area. This study revealed the following:
Permitted Uses: The Montecito Land Use Designation (MC-TC) as introduced by TXT-
68323, is compatible with the uses allowed on the subject property by the Montecito
Development Agreement, as well as with the surrounding land uses and zoning districts.
Parking: The Montecito Town Center Development Agreement references the Town
Center Development Standards Manual for parking requirements, and a shift towards
the Town Center Development Standards Manual is therefore appropriate.
TXT-68323 will incorporate a Montecito (MC-TC) Land Use designation in the Town
Center Development Standards Manual Table 2, and properties within the Montecito
(MC-TC) land use designation will refer to Table 3 for building height, stepbacks, and
LM
MOD-68579 [PRJ-68578]
Staff Report Page Three
March 14, 2017 - Planning Commission Meeting
build-to-line standards. In the light of the height and density standards contained within
the Montecito Development Agreement, and the height and density standards in the
Town Center Development Standards Manual, Staff finds the density and height
standards for the Montecito Land Use (MC-TC) as introduced in TXT-68323 compatible
with the parcels affected by the Major Modification as well as with the vision set forth in
the Town Center Development Standards Manual.
FINDINGS (MOD-68579)
Staff finds the Major Modification compatible with the parcels within the project area, as
well as with the surrounding properties, thus recommends approval.
BACKGROUND INFORMATION
LM
MOD-68579 [PRJ-68578]
Staff Report Page Four
March 14, 2017 - Planning Commission Meeting
Neighborhood Meeting
Public Meeting hosted at the Centennial Hills Community Center
LM
MOD-68579 [PRJ-68578]
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
Neighborhood Meeting
The questions and discussion regarded the following:
x The public asked for clarifications on the current land use
districts boundaries, the current Montecito Mixed-Use
Commercial Overlay boundary, and the boundary of the
proposed Major Modification for the Montecito (MC-TC) Land
Use district.
x The public asked for a clarification on the effects that the
Major Modification will have on the Timberlake community
with regards to future nearby development. Staff responded
by illustrating how the standards relative to the proposed
Montecito (MC-TC) Land Use incorporated the standards
previously regulating development within the Montecito Town
Center Development Agreement Plan area, thus there will not
be substantial changes for future development requirements.
Staff also mentioned the inclusion of provisions regarding the
Timberlake Buffer Area, a buffer zone intended to limit
negative impact for the Timberlake community, within the Text
Amendment.
LM
MOD-68579
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MOD-68579 - REVISED
MOD-68579
Agenda Item No.: 21.
SUBJECT:
ABEYANCE - ZON-68403 - REZONING - PUBLIC HEARING - APPLICANT/OWNER:
CAPITAL FORESIGHT GOLF & FITNESS, LLC, ET AL - For possible action on a request for
a Rezoning FROM: C-1 (LIMITED COMMERCIAL) AND C-2 (GENERAL COMMERCIAL)
TO: C-2 (GENERAL COMMERCIAL) on 3.32 acres at 1213 and 1215 South Las Vegas
Boulevard and 516 Park Paseo (APNs 162-03-112-022, 028 and 029), Ward 3 (Coffin) [PRJ-
68241]. Staff recommends APPROVAL.
C.C.: 4/19/2017
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - ZON-68403 and SDR-68404 [PRJ-68241]
2. Conditions and Staff Report - ZON-68403 and SDR-68404 [PRJ-68241]
3. Supporting Documentation - ZON-68403 and SDR-68404 [PRJ-68241]
4. Photo(s) - ZON-68403 and SDR-68404 [PRJ-68241]
5. Justification Letter - ZON-68403 and SDR-68404 [PRJ-68241]
6. Protest/Support Postcards and Protest Comment Form
ZON-68403 and SDR-68404 [PRJ-68241]
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
APPROVALS 5 - ZON-68403
5 - SDR-68404
PROTESTS 5 - ZON-68403
5 - SDR-68404
JB
ZON-68403 and SDR-68404 [PRJ-68241]
Conditions Page One
March 14, 2017 - Planning Commission Meeting
** CONDITIONS **
SDR-68404 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 and landscape plans date
stamped 01/19/17, and building elevations date stamped 12/29/16, except as
amended by conditions herein.
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. The applicant shall coordinate with the City Surveyor and other city staff to
determine the most appropriate mapping action necessary to consolidate the
existing lots. The mapping action shall be completed and recorded prior to the
issuance of any building permits.
7. A 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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ZON-68403 and SDR-68404 [PRJ-68241]
Conditions Page Two
March 14, 2017 - Planning Commission Meeting
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 signage shall be in conformance with the requirements of Title 19.14 and the
Las Vegas Boulevard Scenic Byway Overlay District.
12. All City Code requirements and design standards of all City Departments must be
satisfied, except as modified herein.
Public Works
13. 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.
14. 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.
15. Prior to the submittal of construction drawings, coordinate the design and
construction of a relief sewer line with the Sanitary Sewer Section of the
Department of Public Works. This relief sewer line shall be constructed
concurrently with development of this site.
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Conditions Page Three
March 14, 2017 - Planning Commission Meeting
16. Contact the City Engineers Office at 229-6272 to coordinate the development of
this project with the Las Vegas Boulevard, Stewart to Sahara project, and any
other public improvement projects adjacent to this site. Comply with the
recommendations of the City Engineer.
17. 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.
18. Submit a License Agreement for landscaping and private improvements in the Las
Vegas Boulevard public right-of-way, if any, prior to the issuance of permits for
these improvements. The applicant must carry an insurance policy for the term of
the 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).
19. 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.
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ZON-68403 and SDR-68404 [PRJ-68241]
Conditions Page Four
March 14, 2017 - Planning Commission Meeting
20. 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
ZON-68403 and SDR-68404 [PRJ-68241]
Staff Report Page One
March 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This request is for a Site Development Plan Review (SDR-68404) for a proposed 15-
story, 195-foot tall Mixed-Use development, consisting of 370 residential (studio) units
and 16,060 square feet of retail space, to be located at 1213 and 1215 South Las
Vegas Boulevard and 516 Park Paseo.
ISSUES
x The subject Property is located within the John S Park Neighborhood Plan Area,
which recommends a five story (60) feet height for commercially zoned properties
along Las Vegas Boulevard
x Two parcels (APNs 162-03-112-028 and -029) are currently split-zoned C-1 (Limited
Commercial) and C-2 (General Commercial). The applicant has requested a
Rezoning (ZON-68403) to address the issue.
ANALYSIS
This project is located in the Las Vegas Downtown Centennial Plan Downtown South
District and proposes to construct a 15-story, 195-foot tall Mixed-Use development
consisting of 370 residential units and 16,060 square feet of retail space, to be located
at 1213 and 1215 South Las Vegas Boulevard and 516 Park Paseo.
The subject site consists of four parcels. Currently, one parcel (APN 162-03-112-022)
has a zoning designation of C-1 (Limited Commercial), and parcel (APN (162-03-112-
033) has a designation of C-2 (General Commercial). The remaining two parcels (APNs
162-03-112-028 and 029), have split-zoning C-1 (Limited Commercial) and C-2
(General Commercial). The applicant has requested a Rezoning (ZON-68403) on APNs
162-03-112-022, 028 and 029 from C-1 (Limited Commercial) and C-2 (General
Commercial) to C-2 (General Commercial), so the four parcels can be consolidated at a
later time. The C-2 (General Commercial) zoning district allows for retail and
commercial uses of an intense character, as well as mixed-use developments as a
conditional land use.
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ZON-68403 and SDR-68404 [PRJ-68241]
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
Mixed-Use is described in Title 19.12 as: The vertical integration of residential uses
and commercial or civic uses within a single building or a single development, where the
uses share pedestrian access, vehicular access, parking functions, or any combination
thereof. Per Title 19.12 the following conditional use regulations apply:
The applicant has proposed a Rezoning (ZON-68403) which will rezone the entire
subject site to a C-2 (General Commercial) zoning district, which allows residential uses
in conjunction with a Mixed Use Development.
2. Commercial uses or civic uses shall at a minimum be located at the ground level
fronting the primary public rights-of-way and may extend beyond the ground floor. The
principal entryway to access those uses, whether individually or collectively, shall be
directly accessed from and oriented to the public sidewalk.
The proposed Mixed-Use development provides 16,060 square feet of retail floor space
on the 1st and 2nd floor of the development which has access to the public side walk
fronting Las Vegas Boulevard.
3. Residential uses shall not be permitted on the ground floor fronting on primary public
rights-of-way, but may be located at or above the second level of the building.
Residential uses may be located on the ground floor of any building or portion thereof
that is located at the interior of the development site and does not front on an Arterial or
Collector Street.
4. Surface parking lots shall be located to the side or the rear of the principal building(s)
on the site, and shall be screened from view of the adjacent rights-of-way by the
principal building(s) or a landscape buffer in conformance with the requirements of
LVMC Chapter 19.08. Parking structures shall not be located along the street frontages
of the development site, but shall be screened from view of the adjacent rights-of-way
by the principal building(s).
The proposed Mixed-Use development provides five levels of above ground parking
within a parking structure incorporated into the proposed building. Retail spaces line the
Las Vegas Boulevard frontage on first and second floors and the residential units line
the Las Vegas Boulevard frontage on floors four though fifteen. All surface parking lots
JB
ZON-68403 and SDR-68404 [PRJ-68241]
Staff Report Page Three
March 14, 2017 - Planning Commission Meeting
are located to the side and rear of the proposed building. The surface parking lot area
located on the northern perimeter of the site (APN 162-03-112-022) was approved by a
previously approved Site Development Plan Review (SDR-49169). The surface parking
area on the southern perimeter is located in the rear of the property and is screened by
existing walls.
The subject site is located within the Las Vegas Boulevard Scenic Byway Overlay
District and is subject to the sign standards listed in Title 19.10.160. In addition, the
subject site is located within the John S. Park Neighborhood Plan, which recommends
that the neighborhood association work with the City to impose a commercial building
height limit of sixty (60) feet or five (5) stories, whichever is greater along Las Vegas
Boulevard. However, no development standards to limit building height have ever been
brought forward. The Downtown Centennial Plan Downtown South district does not
impose building height limitations. Staff notes that the proposed Mixed Use
development provides a 44-foot rear yard setback. In addition, the development
proposes a design which steps the building height back from the rear of the site
adjacent to the single-family residential dwellings (88 Feet) toward the front of the site
fronting Las Vegas Boulevard (195 Feet), which greatly reduces the visual impact to the
existing John S. Park Neighborhood.
Except for handicapped parking, Title 19 parking requirements are not automatically
applied within the boundaries of the Downtown Centennial Plan Overlay District, but are
subject to conditions imposed by the City Council if needed. The site will provide 492
total parking spaces with nine ADA parking spaces. The parking structure includes 90
tandem parking spaces and 278 standard stalls. The remaining are surface lot parking
spaces located on the side and rear of the property. The parking area also provides
space for one trash room located on the northern perimeter of the building, which is
designed for a trash truck to pull directly inside.
All interior parking lot landscaping and landscape buffer planting materials have been
designed to comply with code requirements for spacing and quantities outlined in the
Downtown Centennial Plan. The submitted landscape plan indicates the site will provide
a three-foot landscape buffer along a portion of the southern property line and a 15-foot
landscape buffer along the eastern perimeter adjacent to the existing single-family
residential neighborhood. The primary tree species being utilized are 25-foot tall
Mexican Fan Palm, 36 box Raywood Ash, 36 box Mondell Pine and 24 box
Mediterranean Fan Palm trees.
The subject site is a partial block frontage (less than 50%), according to the Downtown
Centennial Plan threshold chart, and as such a covenant running with the land will be
JB
ZON-68403 and SDR-68404 [PRJ-68241]
Staff Report Page Four
March 14, 2017 - Planning Commission Meeting
required to obtain the property owners consent for future improvements. However, the
submitted plans indicate a 10-foot wide sidewalk with a five-foot amenity zone will be
provided with Mediterranean Fan Palm trees, which conforms to the Downtown
Centennial Plan Downtown South streetscape standards.
The site will need to be remapped to consolidate the existing parcels and platted lots.
The map must be recorded prior to the construction of the main building so as to
eliminate conflicts with existing property lines.
These parcels are currently served by the Las Vegas Valley Water District
(LVVWD). Civil and plumbing plans will need to be submitted to the LVVWD for
domestic meter sizing and fire flow. Proof of parcel consolidation will be required prior
to civil plan approval. Southern Nevada Water Authority (SNWA) Regional Connection
Fees will be assessed on a per unit basis and will be due prior to civil plan approval.
Utility structures are required to be located within the building footprint, or underground,
pursuant the Downtown Centennial Plan.
The proposed use and design of this proposal will make a positive contribution to the
urban design for the residents in the immediate area and for the community at large.
Staff recommends approval of the requested Rezoning and Site Development Plan
Review for the proposed 15-story Mixed-Use development.
FINDINGS (ZON-68403)
The proposed Rezoning from C-1 (Limited Commercial) and C-2 (General
Commercial) to C-2 (General Commercial) is in conformance with the existing C
(Commercial) designation under the Southeast Sector Plan of the General Plan.
2. The uses which would be allowed on the subject property by approving the
rezoning will be compatible with the surrounding land uses and zoning
districts.
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ZON-68403 and SDR-68404 [PRJ-68241]
Staff Report Page Five
March 14, 2017 - Planning Commission Meeting
3. Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
The proposed mixed use development is consistent with Las Vegas 2020
Master Plan Policy 1.1.3, which encourages new market rate, multi-unit mixed-
use residential development on vacant or underutilized sites, with ground floor
commercial components included where appropriate.
Primary site access is from Las Vegas Boulevard, a Primary Arterial (100-foot
wide) street according to the Master Plan of Streets and Highways and
secondarily from Park Paseo a Local Street as designated by Title 13. These
street facilities are adequate in size to provide suitable access to the site.
FINDINGS (SDR-68404)
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:
The proposed development provides stepbacks to focus the tallest portion of the
development on Las Vegas Boulevard in order to be compatible with the adjacent
residential development in the area. In addition, the applicant has provided
architectural features and sufficient landscaping creating an attractive
development.
2. The proposed development is consistent with the General Plan, this Title,
the Design Standards Manual, the Landscape, Wall and Buffer Standards,
and other duly-adopted city plans, policies and standards;
The proposed mixed use development is consistent with Las Vegas 2020 Master
Plan Policy 1.1.3, which encourages new market rate, multi-unit mixed-use
residential development on vacant or underutilized sites, with ground floor
commercial components included where appropriate. In addition, the subject site
meets the requirements of Title 19 and Downtown Centennial Plan.
JB
ZON-68403 and SDR-68404 [PRJ-68241]
Staff Report Page Six
March 14, 2017 - Planning Commission Meeting
The subject site is accessed from Las Vegas Boulevard, a Primary Arterial (100-
foot wide) street, according to the Master Plan of Streets and Highways and Park
Paseo a Local Street as designated by Title 13, which provides suitable access
to the site.
4. Building and landscape materials are appropriate for the area and for the
City;
The proposed streetscape materials are consistent with the requirements of the
Downtown Centennial Plan and are appropriate for the area. The combination of
painted metal, concrete masonry veneer, clear glass guardrails, bare concrete
and tempered glazing for the exterior of the structure is appropriate for an urban
area and are consistent with the adjacent area
The building has been designed to have an aesthetically pleasing faade, with a
44-foot rear yard setback. The primary structure has been designed to step the
building height back from the rear of the site adjacent to the single-family
residential dwellings (88 Feet) toward the front of the site fronting Las Vegas
Boulevard (195 Feet), which greatly reduces the visual impact to the existing John
S. Park Neighborhood. The applicant has proposed to use a combination of
painted metal, concrete masonry veneer, clear glass guardrails, bare concrete
and tempered glazing for the exterior of the structure which is appropriate for an
urban area. The architectural elements of the faade are blended through the use
of complementary materials, colors and finishes throughout the entire building,
incorporating canopies along Las Vegas Boulevard adjacent to the proposed retail
floor space.
6. Appropriate measures are taken to secure and protect the public health,
safety and general welfare.
The site will be subject to ongoing inspection and will therefore not compromise
the public health, safety, and welfare or the overall objectives of the General Plan.
JB
ZON-68403 and SDR-68404 [PRJ-68241]
Staff Report Page Seven
March 14, 2017 - Planning Commission Meeting
BACKGROUND INFORMATION
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ZON-68403 and SDR-68404 [PRJ-68241]
Staff Report Page Eight
March 14, 2017 - Planning Commission Meeting
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ZON-68403 and SDR-68404 [PRJ-68241]
Staff Report Page Nine
March 14, 2017 - Planning Commission Meeting
JB
ZON-68403 and SDR-68404 [PRJ-68241]
Staff Report Page Ten
March 14, 2017 - Planning Commission Meeting
Pre-Application Meeting
A Pre-Application meeting was conducted with the applicant to go over
the application materials and submittal requirements for a Rezoning &
12/20/16 Site Development Plan Review for a proposed 15-story, 195-foot tall
Mixed-Use development use consisting of 370 residential units and
16,060 square feet of retail space.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
The subject site contains two motels with a tavern, wedding chapel,
01/05/17
retail space and associated parking facilities.
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ZON-68403 and SDR-68404 [PRJ-68241]
Staff Report Page Eleven
March 14, 2017 - Planning Commission Meeting
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ZON-68403 and SDR-68404 [PRJ-68241]
Staff Report Page Twelve
March 14, 2017 - Planning Commission Meeting
DEVELOPMENT STANDARDS
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ZON-68403 and SDR-68404 [PRJ-68241]
Staff Report Page Thirteen
March 14, 2017 - Planning Commission Meeting
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement - Downtown
Gross Floor Required Provided Compliance
Area or Parking Parking
Use Parking
Number of Ratio Handi- Handi-
Regular Regular
Units capped capped
Dwelling
Units
370 Units 1.25 463
x Studio
Guest
1:6 Units 62
Parking
General
16,070 SF 1:175 SF 92
Retail
TOTAL SPACES REQUIRED 617 492 Y*
Regular and Handicap Spaces Required 604 13 483 9 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.
JB
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SUBJECT:
ABEYANCE - SDR-68404 - SITE DEVELOPMENT PLAN REVIEW RELATED TO ZON-
68403 - PUBLIC HEARING - APPLICANT/OWNER: CAPITAL FORESIGHT GOLF &
FITNESS, LLC ET AL - For possible action on a request for a Site Development Plan Review
FOR A PROPOSED 15-STORY MIXED-USE DEVELOPMENT CONSISTING OF 370
RESIDENTIAL UNITS AND 16,060 SQUARE FEET OF RETAIL SPACE on 3.63 acres at
1213 and 1215 South Las Vegas Boulevard and 516 Park Paseo (APNs 162-03-112-022, 028,
029 and 033), C-1 (Limited Commercial) and C-2 (General Commercial) Zones [PROPOSED:
C-2 (General Commercial) Zone], Ward 3 (Coffin) [PRJ-68241]. Staff recommends
APPROVAL.
C.C.: 4/19/2017
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest/Support Postcards and Protest Comment Form
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-68404
SDR-68404
SDR-68404
SDR-68404
SDR-68404
SDR-68404
SDR-68404
SDR-68404
SDR-68404
SDR-68404
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SUBJECT:
ABEYANCE - SDR-68300 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING -
APPLICANT: GENE WOODS RACING - OWNER: T-U P R II, LLC - For possible action on a
request for a Site Development Plan Review FOR A PROPOSED COMMERCIAL
RECREATION/AMUSEMENT (OUTDOOR) FACILITY WITH A WAIVER FROM
DOWNTOWN CENTENNIAL PLAN ARCHITECTURAL STANDARDS on 3.63 acres at 222
South Main Street (APN 139-34-101-009), M (Industrial) Zone and C-M
(Commercial/Industrial) zone, Ward 5 (Barlow) [PRJ-68298]. Staff recommends DENIAL.
C.C.: 4/19/2017
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
SDR-68300 [PRJ-68298]
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
APPROVALS 0
PROTESTS 0
FS
SDR-68300 [PRJ-68298]
Conditions Page One
March 14, 2017 - Planning Commission Meeting
** CONDITIONS **
SDR-68300 CONDITIONS
Planning
1. All development shall be in conformance with the site plan date stamped 01/11/17
and building elevations date stamped 12/29/16, except as amended by conditions
herein.
2. A Waiver from all Downtown Centennial Plan Casino Core District architectural
standards for a proposed modular building is hereby approved.
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. A fully operational fire protection system, including fire apparatus roads, fire
hydrants and water supply, shall be installed and shall be functioning prior to
construction of any combustible structures.
6. All City Code requirements and design standards of all City Departments must be
satisfied, except as modified herein.
Public Works
8. 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.
FS
SDR-68300 [PRJ-68298]
Staff Report Page One
March 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
ISSUES
x The request is to utilize an existing Hotel/Casino parking lot for an outdoor go-
cart track. Staff recommends denial of the request.
x A waiver from Downtown Centennial Plan architectural standards is required to
allow the use of a modular building on the subject site. Staff recommends denial
of the waiver request.
x The track will be located behind an existing chain link fence and no measures are
proposed to screen the use from the public right-of-way.
x The potential noise pollution resulting from a go-cart track is not compatible with
the Hotel Residence use located to the east across Main Street, as well as other
businesses in the immediate vicinity.
ANALYSIS
The request is to utilize an existing Hotel/Casino parking lot for an outdoor go-cart track.
The track will be located directly south of an existing parking garage on a parking lot
that is currently used for Plaza Hotel employees. The track configuration will vary as the
track barriers are movable and not anchored into the ground. Vehicular access will be
provided only to track employees via a sliding gate on the south side of the track.
Pedestrian access will be provided by an entryway from the Main Street frontage.
There is an existing chain link fence on the perimeter of the subject site that will remain
in place, and nothing is being proposed to screen the use from the right-of-way.
Additional chain link fencing will be installed interior to the site around the proposed
race track. A go-cart repair area will be located within a 30x40 space underneath the
existing parking structure, which will be out of the public view. No landscaping is
proposed or required with this Site Development Plan Review request.
A 672 square-foot modular building will be utilized as an on-site ticket office. The
proposed modular building does not meet the architectural standards required for the
Casino Core District of the Downtown Centennial Plan. The modular building does not
have a visually interesting faade, nor does it have the articulated roofline and/or
FS
SDR-68300 [PRJ-68298]
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
cornice required by the Downtown Centennial Plan. A waiver has been requested to
provide relief from all Downtown Centennial Plan architectural standards. Modular
buildings that are permanent in nature are not appropriate within the downtown core
and do not contribute to the overall design themes of the Downtown Centennial Plan.
Staff recommends denial of the waiver request.
The justification letter states that the go-carts are powered by a 6.5 horsepower
gasoline engine that will propel the carts to a speed of 15 to 20 miles per hour during
normal operations. The speed of the carts can be controlled remotely by a track
supervisor in case of emergencies. The applicant states that the carts have a
mechanical muffler, and a manufacturer document was provided showing static engine
noise measurements. Per the manufacturer, a static test with a background noise of
55db would result in a 67db reading at a distance of one meter, and a 60 db reading at
ten meters.
An operating hotel residence, which is intended for extended stay lodging, is located less
than 200 feet from portions of the proposed track. The provided noise measurements are
static tests which do not take into account noise levels during engine acceleration or the
cumulative effect of multiple go-carts operating at the same time. With the constant drone
of multiple go-cart engines under acceleration, it is likely that noise pollution will become a
nuisance for businesses in the immediate vicinity, as well as guests at the residence hotel,
since no measures are proposed to mitigate the noise transference.
The proposed go-cart track is not appropriate for the area as the track will not be screened
from public view, the modular building does not meet the intent of the Downtown
Centennial Plan architectural standards, and the carts may cause considerable noise
pollution for the surrounding area. Staff recommends denial of the request and associated
waiver.
UP is a Delaware corporation that owns and operates a common carrier railroad network
in the western half of the United States, including the State of Nevada. UPs rail network is
vital to the economic health of Nevada and the nation as a whole and its rail service to
customers in the Las Vegas Area is crucial to the future success and growth of those
customers.
The proposed Project location is adjacent to UPs Caliente Subdivision. Additionally, there
may be at-grade rail crossings over these tracks in nearby locations. Any land planning
decisions should consider that train volumes near the Project area may increase in the
future. UP requests that if the City considers approving this Project, the City should
examine the risks associated with locating a race course so near to an active rail
corridor. UP also asks that the City and the applicant keep in mind that this is a vital rail
corridor and nearby land uses should be compatible with this continuing rail use.
FS
SDR-68300 [PRJ-68298]
Staff Report Page Three
March 14, 2017 - Planning Commission Meeting
Any increase in pedestrian traffic will increase the likelihood of trespassing onto the
railroad right-of-way. UP requests that the developer and the City examine the Project
impacts associated with any increased likelihood of trespassing and set forth
appropriate mitigation measures. Buffers and setbacks should also be required
adjacent to the right-of-way.
UP requests the City ensure that the drainage plan relating to the Project does not shift
storm water drainage toward UP property and infrastructure. Any runoff onto UPs
property may cause damage to its facilities resulting in a potential public safety issue. If
the Project is approved, we ask that the City require the applicant to mitigate all safety
risks and the impacts of the railroads 24-hour operations, including contacting UP to
arrange for flaggers for work performed within twenty-five feet (25) of the nearest track.
FINDINGS (SDR-68300)
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:
The proposed go-cart track is not compatible with adjacent development as the
track will not be screened from public view, the modular building does not meet
the intent of the Downtown Centennial Plan architectural standards, and the go-
carts may cause considerable noise pollution for the surrounding 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 site is not consistent with the architectural standards of the Casino Core
District of the Downtown Centennial Plan and a waiver has been requested to
provide relief from those standards.
Site access and circulation does not negatively impact adjacent roadways or
neighborhood traffic.
FS
SDR-68300 [PRJ-68298]
Staff Report Page Four
March 14, 2017 - Planning Commission Meeting
4. Building and landscape materials are appropriate for the area and for the
City;
The proposed building materials are not appropriate for the area or the City as the
modular building does not meet the architectural standards of the Downtown
Centennial Plan. There is no landscaping proposed with this development.
The proposed modular building does not meet the architectural standards of the
Casino Core District of the Downtown Centennial Plan. The proposed modular
building does not have a visually interesting faade, nor does it have the required
articulated roofline and/or cornice. As such, the proposed modular building is not
harmonious or 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 secure and protect the public health,
safety and general welfare.
FS
SDR-68300 [PRJ-68298]
Staff Report Page Five
March 14, 2017 - Planning Commission Meeting
BACKGROUND INFORMATION
Pre-Application Meeting
A pre-application meeting was held and general Site Development
12/22/16
Plan Review submittal requirements were discussed.
Neighborhood Meeting
A pre-application meeting was not required nor was one held.
Field Check
A field check was conducted and the subject site is a surface parking
01/05/17
lot for an existing hotel/casino.
FS
SDR-68300 [PRJ-68298]
Staff Report Page Six
March 14, 2017 - Planning Commission Meeting
FS
SDR-68300 [PRJ-68298]
Staff Report Page Seven
March 14, 2017 - Planning Commission Meeting
DEVELOPMENT STANDARDS
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
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.
FS
SDR-68300
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Agenda Item No.: 24.
SUBJECT:
WVR-68775 - WAIVER - PUBLIC HEARING - APPLICANT: PINNACLE HOMES -
OWNER: 2006 BARBIER/GREENE REVOCABLE TRUST - For possible action on a request
for a Waiver TO ALLOW NO STREETLIGHTS WHERE SUCH ARE REQUIRED AND TO
ALLOW AN INTERSECTION OFFSET OF 180 FEET WHERE 220 FEET IS REQUIRED
FOR A PROPOSED NON-GATED FOUR-LOT RESIDENTIAL SUBDIVISION on 2.5 acres
on the northeast corner of Azure Drive and Eula Street (APN 125-30-101-010), R-E (Residence
Estates) Zone, Ward 6 (Ross) [PRJ-68721]. Staff recommends DENIAL.
C.C.: 4/19/2017
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - WVR-68775 and VAR-68774 [PRJ-68721]
2. Conditions and Staff Report - WVR-68775, VAR-68774 and VAC-68776 [PRJ-68721]
3. Supporting Documentation - WVR-68775, VAR-68774 and VAC-68776 [PRJ-68721]
4. Photo(s) - WVR-68775, VAR-68774 and VAC-68776 [PRJ-68721]
5. Justification Letter - WVR-68775, VAR-68774 and VAC-68776 [PRJ-68721]
6. Protest Postcard - WVR-68775 and VAR-68774 [PRJ-68721]
WVR-68775, VAR-68774 and VAC-68776 [PRJ-68721]
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
RG
WVR-68775, VAR-68774 and VAC-68776 [PRJ-68721]
Conditions Page One
March 14, 2017 - Planning Commission Meeting
** CONDITIONS **
WVR-68775 CONDITIONS
Planning
1. This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
2. All necessary building permits shall be obtained and final inspections shall be
completed in compliance with Title 19 and all codes as required by the Department
of Building and Safety.
3. A Waiver from Title 19.02.240 to allow no street lighting along the proposed interior
and exterior public streets where such is required is approved.
4. A Waiver from Title 19.02.140 to allow a 180-foot external intersection offset where
220 feet is the minimum distance separation required is approved.
5. These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit.
6. All City Code requirements and design standards of all City departments must be
satisfied, except as modified herein.
Public Works
7. The installation of streetlights on Azure Drive and Eula Street shall be deferred. If
curb and gutter is being constructed, 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 and contribute monies for the
deferred streetlight bases. Alternatively, monies in lieu of such deferred
streetlights and associated streetlight infrastructure may be contributed to the
City. The contribution 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.
RG
WVR-68775, VAR-68774 and VAC-68776 [PRJ-68721]
Conditions Page Two
March 14, 2017 - Planning Commission Meeting
VAR-68774 CONDITIONS
Planning
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.
VAC-68776 CONDITIONS
1. The limits of this Petition of Vacation shall be the U.S. Government Patent
Easements located on Assessor Parcel Number 125-30-101-010 at the northeast
corner of Azure Drive and Eula Street.
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 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
RG
WVR-68775, VAR-68774 and VAC-68776 [PRJ-68721]
Conditions Page Three
March 14, 2017 - Planning Commission Meeting
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.
RG
WVR-68775, VAR-68774 and VAC-68776 [PRJ-68721]
Staff Report Page One
March 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is proposing a non-gated four lot residential subdivision on the northeast
corner of Azure Drive and Eula Street.
ISSUES
ANALYSIS
The applicant is proposing to develop the subject property into a four-lot residential
subdivision. The property is zoned R-E (Residence Estates) and is subject to Title 19
development standards for subdivision and complete street standards.
The applicant has requested a Waiver (WVR-68775) of the Street Lighting requirements
to allow no street lights within the exterior and interior subdivision streets; and to allow
an intersection offset of 180 feet where 220 feet is required. The applicant has also
requested a Variance (VAR-68774) to allow no sidewalk, amenity zone, or curb and
gutters where such are required. The resulting street width, once these items are
omitted, will be 39 feet where 47 feet is required. The proposed residential subdivision
will not provide any of the required improvements. Lastly, a Vacation (VAC-68776) has
been requested to Vacate, a three-foot wide portion along Azure Drive and Eula Street;
and a 33-foot wide along the east perimeter of the subject property of an existing U.S.
Government Patent Easements.
RG
WVR-68775, VAR-68774 and VAC-68776 [PRJ-68721]
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
In summary, staff supports the requested Vacation of a petition to vacate the existing
U.S Government Patent Easement. The City is currently working on building complete
streets throughout the city. No unique or extraordinary evidence has been presented to
warrant the requested Waivers and Variance. The hardship is self-imposed and;
therefore, staff recommends denial of the aforementioned applications of this project.
FINDINGS (WVR-68775)
No substantial evidence has been presented to warrant the requested Waiver of Title
19.02 to allow no streetlights along the proposed interior and exterior streets and to
allow a 180-foot external intersection offset, where 220 feet is the minimum distance
separation required, staff recommends denial of these requests. If this application is
approved, it is subject to conditions.
FINDINGS (VAR-68774)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City
Council, in considering the merits of a Variance request, shall not grant a Variance in
order to:
RG
WVR-68775, VAR-68774 and VAC-68776 [PRJ-68721]
Staff Report Page Three
March 14, 2017 - Planning Commission Meeting
FINDINGS (VAC-68776)
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. Furthermore, we recommend
that this item be declared Final Action at the Planning Commission.
BACKGROUND INFORMATION
Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the
01/25/17 submittal requirements for a Waiver, Variance and Vacation
applications; for a four-lot residential subdivision.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
A field check by staff observed that the subject site was an
02/02/17
undeveloped parcel of land.
RG
WVR-68775, VAR-68774 and VAC-68776 [PRJ-68721]
Staff Report Page Four
March 14, 2017 - Planning Commission Meeting
RG
WVR-68775, VAR-68774 and VAC-68776 [PRJ-68721]
Staff Report Page Five
March 14, 2017 - Planning Commission Meeting
DEVELOPMENT STANDARDS
Waivers
Requirement Request Staff Recommendation
Intersection offset of 220 180-foot of
Denial
feet. intersection offset.
RG
WVR-68775
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SUBJECT:
VAR-68774 - VARIANCE RELATED TO WVR-68775 - PUBLIC HEARING - APPLICANT:
PINNACLE HOMES - OWNER: 2006 BARBIER/GREENE REVOCABLE TRUST - For
possible action on a request for a Variance TO ALLOW NO SIDEWALK, AMENITY ZONE,
OR CURB AND GUTTERS WHERE SUCH ARE REQUIRED FOR A PROPOSED NON-
GATED FOUR-LOT RESIDENTIAL SUBDIVISION on 2.5 acres on the northeast corner of
Azure Drive and Eula Street (APN 125-30-101-010), R-E (Residence Estates) Zone, Ward 6
(Ross) [PRJ-68721]. Staff recommends DENIAL.
C.C.: 4/19/2017
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAR-68774
VAR-68774
Agenda Item No.: 26.
SUBJECT:
VAC-68776 - VACATION RELATED TO WVR-68775 AND VAR-68774 - PUBLIC
HEARING - APPLICANT: PINNACLE HOMES - OWNER: 2006 BARBIER/GREENE
REVOCABLE TRUST - For possible action on a request for a Petition to Vacate U.S.
Government Patent Easements on property located on the northeast corner of Azure Drive and
Eula Street (APN 125-30-101-010), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-68721].
Staff recommends APPROVAL.
C.C.: 4/19/2017
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAC-68776
VAC-68776
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Agenda Item No.: 27.
SUBJECT:
VAR-67970 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: THE LIANG &
CHAN REVOCABLE FAMILY TRUST - For possible action on a request for a Variance TO
ALLOW NO ADDITIONAL PARKING SPACES WHERE THREE ADDITIONAL PARKING
SPACES ARE REQUIRED FOR A PARKING IMPAIRED DEVELOPMENT on 0.15 acres at
1212 South Maryland Parkway (APN 162-03-514-037), P-R (Professional Offices and Parking)
Zone, Ward 3 (Coffin) [PRJ-67395]. Staff recommends DENIAL.
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-67970, VAR-67971, VAR-68417 and SDR-67972 [PRJ-
67395]
2. Conditions and Staff Report - VAR-67970, VAR-67971, VAR-68417 and SDR-67972 [PRJ-
67395]
3. Supporting Documentation - VAR-67970, VAR-67971, VAR-68417 and SDR-67972 [PRJ-
67395]
4. Photo(s) - VAR-67970, VAR-67971, VAR-68417 and SDR-67972 [PRJ-67395]
5. Justification Letter - VAR-67970, VAR-67971, VAR-68417 and SDR-67972 [PRJ-67395]
6. Protest/Support Postcards - VAR-67970 and VAR-67971 [PRJ-67395]
VAR-67970, VAR-67971, VAR-68417 and SDR-67972 [PRJ-67395]
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
JB
VAR-67970, VAR-67971, VAR-68417 and SDR-67972 [PRJ-67395]
Conditions Page One
March 14, 2017 - Planning Commission Meeting
** CONDITIONS **
VAR-67970 CONDITIONS
Planning
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. Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit.
5. All City Code requirements and design standards of all City departments must be
satisfied, except as modified herein
VAR-67971 CONDITIONS
Planning
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.
JB
VAR-67970, VAR-67971, VAR-68417 and SDR-67972 [PRJ-67395]
Conditions Page Two
March 14, 2017 - Planning Commission Meeting
4. These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit.
5. All City Code requirements and design standards of all City departments must be
satisfied, except as modified herein.
VAR-68417 CONDITIONS
Planning
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. A license agreement will be required, prior to the issuance of a building permit for
the existing structure.
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-67972 CONDITIONS
Planning
JB
VAR-67970, VAR-67971, VAR-68417 and SDR-67972 [PRJ-67395]
Conditions Page Three
March 14, 2017 - Planning Commission Meeting
2. Conformance to the Conditions of Approval for approved Plot Plan Review [Z-
0031-73(6)] shall be required, except where amended 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. All development shall be in conformance with the building elevations date stamped
11/29/16 and site plan date stamped 01/05/17, except as amended by conditions
herein.
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.
Public Works
9. Correct all Americans with Disabilities Act (ADA) deficiencies on the sidewalks
adjacent to this site in accordance with code requirements of Title 13.56.040, if
any, to the satisfaction of the City Engineer concurrent with development of this
site. The pan style driveways on Maryland Parkway and Norman Avenue may
remain as long as the sidewalk path along these streets complies with Americans
with Disabilities Act (ADA) guidelines.
10. 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.
JB
VAR-67970, VAR-67971, VAR-68417 and SDR-67972 [PRJ-67395]
Conditions Page Four
March 14, 2017 - Planning Commission Meeting
11. Submit a License Agreement for landscaping and private improvements in the
Maryland Parkway and Norman Avenue public rights-of-way, if any, prior to the
issuance of permits for these improvements. The applicant must carry an
insurance policy for the term of the 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
VAR-67970, VAR-67971, VAR-68417 and SDR-67972 [PRJ-67395]
Staff Report Page One
March 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant has proposed a Major Amendment to an approved Plot Plan Review [Z-
0031-73(6)] for a proposed 762 square-foot addition to the rear of an existing dental
office at 1212 South Maryland Parkway.
ISSUES
x Per Title 19.16.100(F) since there are associated Variances requested with the
proposed building addition to the existing building on the subject site, a Major
Amendment is required for Plot Plan Review [Z-0031-73(6)].
x A Variance (VAR-67970) is required to allow no additional parking spaces where two
additional parking spaces are required for a parking impaired development. Staff
recommends denial of this request.
x A Variance (VAR-67971) is required to allow a five-foot rear yard setback where 15
feet is required. Staff recommends denial of this request.
x A Variance (VAR-68417) is required to allow the existing freestanding sign at a zero-
foot setback where 5 feet is required.
ANALYSIS
The subject site is located within a P-R (Professional Office and Parking) zoning district,
which allows a Dental Office as a permitted land use. On August 4th, 1975 the Planning
Commission approved Plot Plan Review [Z-0031-73(6)] for the proposed conversion of
an existing 1,303 square-foot single family residence to a professional office at the
subject site. In addition, the front yard porch area located on the eastern perimeter of
the building totaling 160 square feet was enclosed without permits, bringing the existing
building to 1,463 square feet in size. As depicted on the submitted site plan, the
proposed 762 square-foot building addition will bring the total area of the building to
2,225 square feet and will require the need for a rear yard setback Variance (VAR-
67971) to allow a five-foot rear yard setback where 15 feet is required.
The proposed increase in floor area intensifies the amount of required parking on the
subject site. Documentation associated with the previously approved Plot Plan Review
[Z-0031-73(6)], indicates that three parking spaces were originally required for the
previously approved 1,303 square-foot Dental Office development. However the site
design provided seven on-site parking spaces with no ADA parking space. A total of
JB
VAR-67970, VAR-67971, VAR-68417 and SDR-67972 [PRJ-67395]
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
922 square feet has been proposed to be added since that approval, which includes the
previously enclosed 160 square-foot front porch area and the 762 square-foot rear yard
building addition. Under current Title 19.12 parking requirements the additional 922
square feet in floor area triggers the need for six additional parking spaces on the
subject site, which brings the total amount of parking required to nine parking spaces.
The submitted site plan depicts a total of 6 parking spaces, including one van-
accessible parking space. The applicant has requested an additional Variance (VAR-
67970) to allow no additional parking spaces where three additional parking spaces are
required for a parking impaired development. No additional onsite spaces would be
provided.
As depicted on the submitted site plan the subject site is not in compliance with the
approved landscape plan associated with the Plot Plan Review [Z-0031-73(6)], which
depicted landscape buffers within the Norman Avenue and Maryland Parkway right-of-
way. A previously approved plot plan associated with Variance (V-0035-80), indicated
that a landscape buffer with a width of approximately five feet was required within the
right-of-way adjacent to Norman Avenue and Maryland Parkway. Historical aerial
photographs show that the planting materials were removed from the landscape buffers
circa Spring of 2004 and the landscape buffers were covered with asphalt circa Spring
of 2006. However, since this landscaping was not required on-site no Waivers of
required landscaping are required with this request.
The submitted building elevations indicate the proposed 762 square-foot expansion will
be 13.5 feet in height measured to the mid-point of the sloped roof and match the
aesthetic of the rest of the building with a painted stucco exterior.
In addition, an existing freestanding sign has been erected on the southeast portion of
the subject site without obtaining building permits. The existing sign is approximately 9
feet wide and 12 feet high and crosses the property line into the adjacent Norman
Avenue right-of-way. The applicant has requested a Variance (VAR-68417) to allow the
existing freestanding sign at a zero-foot setback where 5 feet is required from the
property line. A license agreement is also required via added Condition of Approval
Staff has determined the proposed project is not compatible with surrounding
development in the area, as demonstrated by the associated Variances. The applicant
is proposing to over-build the site, and the lack of on-site parking can result in overflow
into the adjacent residential neighborhood. Therefore, staff recommends denial of this
project.
JB
VAR-67970, VAR-67971, VAR-68417 and SDR-67972 [PRJ-67395]
Staff Report Page Three
March 14, 2017 - Planning Commission Meeting
FINDINGS (VAR-67970)
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:
FINDINGS (VAR-67971)
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:
JB
VAR-67970, VAR-67971, VAR-68417 and SDR-67972 [PRJ-67395]
Staff Report Page Four
March 14, 2017 - Planning Commission Meeting
FINDINGS (VAR-68417)
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:
JB
VAR-67970, VAR-67971, VAR-68417 and SDR-67972 [PRJ-67395]
Staff Report Page Five
March 14, 2017 - Planning Commission Meeting
FINDINGS (SDR-67972)
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:
The proposed development of the subject site is not consistent with surrounding
development in the area. The applicant has proposed a 922 square-foot building
addition to an existing commercial building for an existing Dental Office use, which
includes the unpermitted 160 square-foot patio addition and proposed 762
building addition. This increase in floor area represents a 70% increase in floor
area from the previously approved Plot Plan Review (Z-0102-96). The proposed
addition would create a site with insufficient parking and result in a 33% deviation
from standard parking requirements and insufficient building setbacks along the
rear property line.
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 of the subject site is consistent with the O (Office)
General Plan designation. The requested Variance (VAR-67970) to allow no
additional parking spaces where three additional parking spaces are required for a
parking impaired development, Variance (VAR-67971) to allow a five-foot rear
yard setback where 15 feet is required and Variance (VAR-68417) to allow the
existing freestanding sign at a zero foot setback where 5 feet is required are not
consistent with Title 19.
JB
VAR-67970, VAR-67971, VAR-68417 and SDR-67972 [PRJ-67395]
Staff Report Page Six
March 14, 2017 - Planning Commission Meeting
The primary access to the site will remain unchanged. Currently, the site is
accessed from Maryland Parkway Avenue, a 60-foot Primary Arterial and Norman
Avenue a 50-foot Local Street, which provides adequate capacity to serve the
proposed use.
4. Building and landscape materials are appropriate for the area and for the
City;
The subject site is not in compliance with the landscaping plan utilized from the
previously approved Plot Plan Review [Z-0031-73(6)], which depicted landscape
buffers within the Norman Avenue and Maryland Parkway right-of-way which have
been removed. However, since this landscaping was not required on-site no
Waivers of required landscaping are required with this request. The submitted
building elevations indicate the proposed building addition will match the aesthetic
of the rest of the building with a painted stucco exterior.
6. Appropriate measures are taken to secure and protect the public health,
safety and general welfare.
BACKGROUND INFORMATION
JB
VAR-67970, VAR-67971, VAR-68417 and SDR-67972 [PRJ-67395]
Staff Report Page Seven
March 14, 2017 - Planning Commission Meeting
Pre-Application Meeting
06/13/16 Pre-application meetings were conducted with the applicant to review
the application materials and submittal requirements for the proposed
10/24/16
Variances and Site Development Plan Review requests.
Neighborhood Meeting
A neighborhood meeting was not held, nor was one required.
Field Check
During a routine site visit staff observed a well maintained commercial
12/05/16 development free from trash and debris. There is an existing wrought
iron gate that restricts access to the rear of the property.
JB
VAR-67970, VAR-67971, VAR-68417 and SDR-67972 [PRJ-67395]
Staff Report Page Eight
March 14, 2017 - Planning Commission Meeting
Existing Land
Surrounding Planned or Special Existing Zoning
Use Per Title
Property Land Use Designation District
19.12
Subject P-R (Professional
Dental Office O (Office)
Property Office and Parking)
P-R (Professional
North General Office O (Office)
Office and Parking)
SC (Service C-D (Designed
General Office
Commercial) Commercial)
South
Single-Family L (Low Density R-1 (Single Family
Residential Residential) Residential)
PR-OS
East City Park (Parks/Recreation/Open C-V (Civic)
Space)
Single-Family L (Low Density R-1 (Single Family
West
Residential Residential) Residential)
DEVELOPMENT STANDARDS
JB
VAR-67970, VAR-67971, VAR-68417 and SDR-67972 [PRJ-67395]
Staff Report Page Ten
March 14, 2017 - Planning Commission Meeting
Pursuant to Plot Plan Review [Z-0031-73(6)] and 19.12, the following parking
standards apply:
Parking Requirement
Gross Required Provided Compliance
Floor Parking Parking
Use Area or
Number Parking Ratio Handi- Handi-
Regular Regular
of Units capped capped
Office,
1,303
Medical or Per [Z-0031-
SF 3
Dental 73(6)]
(Existing)
Office, 1:200 up to
Medical or 2,000 SF,
922 SF 6
Dental then 1:175
(Proposed ) SF
TOTAL SPACES REQUIRED 9 6 N*
Regular and Handicap Spaces Required 8 1 5 1 N*
Percent Deviation 33% N*
*The applicant has requested a Variance (VAR-67970) to allow no additional parking
spaces where one additional parking space is required for a parking impaired
development. Documentation associated with previously approved Plot Plan Review [Z-
0031-73(6)], indicates that three parking spaces were originally required for the
previously approved 1,303 square-foot Dental Office development. However the site
design provided seven on-site parking spaces with no ADA parking space. A total of
922 square feet has been proposed to be added to the subject site, which includes the
previously enclosed 160 square-foot front porch area and the 762 square-foot rear yard
building addition, which will require an additional six parking spaces based on current
code requirements.
JB
VAR-67970
VAR-67970
VAR-67970
VAR-67970
SUBJECT:
VAR-67971 - VARIANCE RELATED TO VAR-67970 - PUBLIC HEARING -
APPLICANT/OWNER: THE LIANG & CHAN REVOCABLE FAMILY TRUST - For possible
action on a request for a Variance TO ALLOW A FIVE-FOOT REAR YARD SETBACK
WHERE 15 FEET IS REQUIRED on 0.15 acres at 1212 South Maryland Parkway (APN 162-
03-514-037), P-R (Professional Offices and Parking) Zone, Ward 3 (Coffin) [PRJ-67395]. Staff
recommends DENIAL.
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAR-67971
VAR-67971
VAR-67971
VAR-67971
Agenda Item No.: 29.
SUBJECT:
VAR-68417 - VARIANCE RELATED TO VAR-67970 AND VAR-67971 - PUBLIC
HEARING - APPLICANT/OWNER: THE LIANG & CHAN REVOCABLE FAMILY TRUST
- For possible action on a request for a Variance TO ALLOW A ZERO-FOOT SETBACK
WHERE FIVE FEET IS REQUIRED FOR AN EXISTING FREESTANDING SIGN on 0.15
acres at 1212 South Maryland Parkway (APN 162-03-514-037), P-R (Professional Offices and
Parking) Zone, Ward 3 (Coffin) [PRJ-67395]. Staff recommends DENIAL.
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest/Support Postcards - VAR-67417 and SDR-67972 [PRJ-67395]
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAR-68417
VAR-68417
VAR-68417
VAR-68417
Agenda Item No.: 30.
SUBJECT:
SDR-67972 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-67970, VAR-
67971 AND VAR-68417 - PUBLIC HEARING - APPLICANT/OWNER: THE LIANG &
CHAN REVOCABLE FAMILY TRUST - For possible action on a request for a Major
Amendment of an approved Plot Plan Review [Z-0031-73(6)] FOR A PROPOSED 922
SQUARE-FOOT ADDITION TO AN EXISTING 1,463 SQUARE-FOOT DENTAL OFFICE
on 0.15 acres at 1212 South Maryland Parkway (APN 162-03-514-037), P-R (Professional
Offices and Parking) Zone, Ward 3 (Coffin) [PRJ-67395]. Staff recommends DENIAL.
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-67972
SDR-67972
SDR-67972
SDR-67972
Agenda Item No.: 31.
SUBJECT:
VAR-69103 - VARIANCE - PUBLIC HEARING - APPLICANT: CHERRY DEVELOPMENT
- OWNER: GIL UTAH, LLC - For possible action on a request for a Variance TO ALLOW 18-
FOOT PARKING LOT DRIVE AISLES WHERE 24 FEET IS REQUIRED at the southwest
corner of Colorado Avenue and Casino Center Boulevard (APNs 162-03-110-061, 135 and 136),
C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-68275]. Staff recommends DENIAL.
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-69103, SUP-68777 and SDR-68778 [PRJ-68275]
2. Conditions and Staff Report - VAR-69103, SUP-68777 and SDR-68778 [PRJ-68275]
3. Supporting Documentation - VAR-69103, SUP-68777 and SDR-68778 [PRJ-68275]
4. Photo(s) - VAR-69103, SUP-68777 and SDR-68778 [PRJ-68275]
5. Justification Letter - VAR-69103, SUP-68777 and SDR-68778 [PRJ-68275]
6. Support Postcards - VAR-69103 and SUP-68777 [PRJ-68275]
VAR-69103, SUP-68777 and SDR-68778 [PRJ-68275]
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
JB
VAR-69103, SUP-68777 and SDR-68778 [PRJ-68275]
Conditions Page One
March 14, 2017 - Planning Commission Meeting
** CONDITIONS **
VAR-69103 CONDITIONS
Planning
1. Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-68777) and Site Development Plan Review (SDR-68778) 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-68777 CONDITIONS
Planning
1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Mixed
Use development use.
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.
JB
VAR-69103, SUP-68777 and SDR-68778 [PRJ-68275]
Conditions Page Two
March 14, 2017 - 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, 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-68778 CONDITIONS
Planning
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 (SP001), landscape
plan, building elevations and floor plans, date stamped 02/15/17, and site plan
(SP002 005) date stamped 01/30/17, 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. 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 for the main structure.
7. All utility or mechanical equipment shall comply with the provisions of the
Downtown Centennial Plan, unless approved by a separate waiver.
JB
VAR-69103, SUP-68777 and SDR-68778 [PRJ-68275]
Conditions Page Three
March 14, 2017 - Planning Commission Meeting
8. 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.
9. 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.
10. Mechanical equipment and trash areas shall be screened in accordance with
Downtown Centennial Plan standards.
12. Provide benches, trash receptacles, tree grates and associated amenities as
required by the Downtown Centennial Plan.
13. All City Code requirements and design standards of all City Departments must be
satisfied, except as modified herein.
Public Works
14. Dedicate a 10-foot radius on the southwest corner of Colorado Avenue and Casino
Center Blvd prior to the issuance of any permits.
15. Remove all substandard public street improvements and unused driveway cuts
adjacent to this site and replace with new improvements meeting the intent of the
Downtown Centennial Plan Standards concurrent with development of this site,
except as amended by conditions herein and as otherwise allowed by the City
Engineer.
16. The installation of either swing gates or rolling gates are acceptable as long as no
part of the gates, either in the opened or closed position, intrude into the public
right of way.
17. Meet with the Fire Protection Engineering Section of the Department of Fire
Services to discuss fire requirements for the proposed use of this facility.
JB
VAR-69103, SUP-68777 and SDR-68778 [PRJ-68275]
Conditions Page Four
March 14, 2017 - Planning Commission Meeting
18. Prior to the approval of Construction drawings for this site, sign a Covenant
Running with Land agreement for the possible future installation of any off-site
improvements per requirements of the Downtown Centennial Plan that are
deferred by this action including undergrounding of all existing overhead utility lines
adjacent to this site not placed underground with this development. The Covenant
agreement must be recorded with the County Recorder and a copy of the recorded
document must be provided to the City prior to the issuance of building permits for
this site.
19. 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.
20. Submit a License Agreement for landscaping and private improvements in the
public rights-of-way, prior to this issuance of permits for these improvements. The
applicant must carry an insurance policy for the term of the 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 encroaching in
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 adjacent
property owner(s) and shall be transferred with the sale of the property for the
entire term 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).
21. Meet with the Flood Control Section of the Department of Public Works for
assistance with establishing finished floor elevations and drainage paths for this
site prior to submittal of construction plans, the issuance of any building or grading
permits, or the submittal of a map for this site, whichever may occur first. Provide
and improve all drainage ways as recommended.
JB
VAR-69103, SUP-68777 and SDR-68778 [PRJ-68275]
Staff Report Page One
March 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting to construct a 48.5-foot tall mixed use development with
3,010 square feet of commercial floor space and 63 for-rent multi-family residential units
on the southwest corner of Casino Center Boulevard and Colorado Avenue.
ISSUES
x A Variance (VAR-69103) is required to allow 18-foot parking lot drive aisles where
24 feet is required within the parking garage.
x Within 18b The Las Vegas Arts District of the Downtown Centennial Plan, a Mixed
Use development is permitted with the approval of a Special Use Permit in the C-2
(General Commercial) zoning district.
x The site must be remapped to combine the existing platted lots prior to the issuance
of permits for construction of the primary building. A condition has been added to the
site review to address this issue.
ANALYSIS
This project is located in the Las Vegas Downtown Centennial Plan 18b Arts District
and Downtown South District and proposes to construct a four-story Mixed-Use
development with 63 residential units and 3,010 square feet of retail space, located on
the southwest corner of Casino Center Boulevard and Colorado Avenue.
The subject site is currently comprised of three parcels with a zoning designation of C-2
(General Commercial), which allows for retail and commercial uses of an intense
character, as well as mixed-use developments. Mixed-Use developments are allowed in
the 18b Arts District with an approved Special Use Permit.
Mixed Use is defined as, The vertical integration of residential uses and commercial or
civic uses within a single building or a single development, where the uses share
pedestrian access, vehicular access, parking functions, or any combination thereof.
The proposed use meets this definition, as a four-story building is proposed that
integrates commercial uses and parking on the ground level and multi-family residential
uses above. This use requires a Special Use Permit in any zoning district located within
the boundaries of 18b The Las Vegas Arts District.
JB
VAR-69103, SUP-68777 and SDR-68778 [PRJ-68275]
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
The Minimum Special Use Permit Requirements for this use include:
1. Residential uses permitted as of right in the R-3 and R-4 Zoning Districts may be
permitted by means of a Special Use Permit within a P-O, O or C-PB Zoning
District.
This requirement does not apply, as the development would be located in the C-2
(General Commercial) zoning district.
2. Nonresidential uses permitted as of right in the P-O, O and C-1 Zoning Districts
may be permitted by means of a Special Use Permit within an R-3 or R-4 Zoning
District.
This requirement does not apply, as the development would be located in the C-2
(General Commercial) zoning district.
3. Commercial uses or civic uses shall at a minimum be located at the ground level
fronting the primary public rights-of-way and may extend beyond the ground
floor. The principal entryway to access those uses, whether individually or
collectively, shall be directly accessed from and oriented to the public sidewalk.
The proposed use meets this requirement, as the commercial floor space will be
located at ground level facing Casino Center Boulevard.
4. Residential uses shall not be permitted on the ground floor fronting on primary
public rights-of-way, but may be located at or above the second level of the
building. Residential uses may be located on the ground floor of any building or
portion thereof that is located at the interior of the development site and does not
front on an Arterial or Collector Street.
5. Surface parking lots shall be located to the side or the rear of the principal
building(s) on the site, and shall be screened from view of the adjacent rights-of-
way by the principal building(s) or a landscape buffer in conformance with the
requirements of LVMC Chapter 19.08. Parking structures shall not be located
along the street frontages of the development site, but shall be screened from
view of the adjacent rights-of-way by the principal building(s).
JB
VAR-69103, SUP-68777 and SDR-68778 [PRJ-68275]
Staff Report Page Three
March 14, 2017 - Planning Commission Meeting
The overall site consists of three parcels, which total approximately 0.49 acres. Vehicular
access is provided via an alley way on the west side of the subject site, which provides
ingress and egress to the first floor parking and retail level of the building. Pedestrian
access to the site is located on the northeast corner of the site. The proposed building
includes 63, one-bedroom residential units and 3,010 square feet of retail space, which
is located along Casino Center Boulevard.
The submitted floor plan indicates the proposed development will provide 33 parking
spaces and a centralized bicycle rack/storage area within a single-level parking garage
located on the ground floor of the structure. The applicant is deficient by a total of 75
parking spaces pursuant to Title 19.12 requirements. Title 19.10.110(C) exempts
properties within the Downtown Centennial Plan area from the automatic application of
standard parking requirements. However, the exemption does not prohibit City staff, the
Planning Commission, and the City Council from imposing limitations on the approval of
a Site Development Plan Review.
The parking garage layout contains 90-degree parking accessed by a one-way U-
shaped drive aisle measuring 18 to 22 feet wide. Pursuant to Title 19.08.110(C)(2)(c),
the minimum access aisle for one-way traffic with 90-degree parking is 24 feet. Title
19.08.110(C)(2)(d) allows parking structures to be subject to dimensional adjustments
based on utilization. Reductions in design standards for parking structures shall be
subject to approval by the Director. The Planning and Development Department has
established that 18-foot wide drive aisles are not functional for appropriate internal site
circulation, and that the site would function more efficiently with a uniform 22-foot wide
drive aisle. A condition of approval was imposed on the previously approved Site
Development Plan Review (SDR-33019), which required the previous applicant to
revise the site plan to provide minimum 22-foot wide driveway aisles within the parking
structure. Since that requirement has still not been met with this resubmittal, the
applicant has request a Variance (VAR-69103) to allow 18-foot parking lot drive aisles
where 24 feet is required within the parking garage.
Downtown Centennial Streetscape Standards have been not met along the sides of the
building facing Casino Center Boulevard and Colorado Avenue with regard to the
proposed width of the sidewalk and amenity area widths, which require a 10-foot
sidewalk and five-foot amenity zone. The submitted street cross sections indicate a
seven-foot amenity zone and 7.5-foot sidewalk will be provided along Casino Center
Boulevard, with a ten-foot amenity zone and seven-foot sidewalk provided along
Colorado Avenue. The submitted landscape plan indicates 36 box African Sumac at
20-foot intervals will be provided along Casino Center Boulevard and Colorado Avenue,
which meet Downtown Centennial Plan development standards. However, the subject
site qualifies as a partial block frontage at outlined in the Downtown Centennial Plan
Threshold document, which indicates any streetscape not implemented due to existing
conditions will require a Covenant Running with Land to obtain property owners
consent for future improvements.
JB
VAR-69103, SUP-68777 and SDR-68778 [PRJ-68275]
Staff Report Page Four
March 14, 2017 - Planning Commission Meeting
The applicant would be deficient by a total of 75 parking spaces pursuant to Title 19.12
requirements. Except for handicapped parking, Title 19 parking requirements are not
automatically applied within the boundaries of the Downtown Centennial Plan Overlay
District, but are subject to conditions imposed by the City Council if needed. The
submitted ground floor plan indicates the 33 parking spaces including two handicap-
accessible parking spaces will be provided on-site for the residential units and
commercial uses. However, staff does not support the quantity of parking that will be
provided for the overall development, as it is less than one parking space per residential
unit, with no guest parking and no additional parking for the proposed commercial
tenant space, which will force residents and guests to find parking on adjacent streets.
This will negatively impact the surrounding area.
The subject site is comprised of three parcels, which will need to be remapped to
consolidate the existing parcels and platted lots. The map must be recorded prior to the
construction of the main building so as to eliminate conflicts with existing property lines.
These parcels are currently served by Las Vegas Valley Water District (LVVWD) but
they 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 prevention installation. Proof of parcel lot consolidation will be
required prior to civil plan approval. Southern Nevada Water Authority (SNWA) regional
connections fees will be assessed on a per unit basis and fees will need to be paid prior
to civil plan approval and building permit sign-off. It should be noted that the existing
water services are located on Colorado Avenue and there are water mains available to
serve the development on both Colorado Avenue and Casino Center Boulevard. The
current site plan does not provide for adequate space onsite for the above-ground
JB
VAR-69103, SUP-68777 and SDR-68778 [PRJ-68275]
Staff Report Page Five
March 14, 2017 - Planning Commission Meeting
backflow prevention assemblies that cannot be placed in the sidewalk. The applicant
has been notified that they may need to revise the site plan to allow for outdoor utility
placement along Colorado Avenue or Casino Center Boulevard. A condition has been
added to insure all mechanical equipment and trash areas comply with Downtown
Centennial Plan screening requirements.
The interior circulation of this proposal will not allow a functional parking facility, which
will exacerbate the very limited parking for the project. Staff recommends denial of the
requested Variance (VAR-69103), Special Use Permit (SUP-68777) and Site
Development Plan Review (SDR-68778), for the proposed four-story Mixed-Use
development with conditions.
FINDINGS (VAR-69103)
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:
JB
VAR-69103, SUP-68777 and SDR-68778 [PRJ-68275]
Staff Report Page Six
March 14, 2017 - Planning Commission Meeting
FINDINGS (SUP-68777)
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:
The development would provide opportunities for urban living in the Downtown
area near commercial uses and is adjacent to established public transportation
lines. However, the proposed development is not consistent with Title 19.08
parking drive-aisle width requirements, which renders the parking facility non-
functional for public use.
2. The subject site is physically suitable for the type and intensity of land use
proposed.
The subject site is physically suitable for a Mixed-Use development of the scope
proposed, however by proposing parking facilities that are non-functional for
public parking this development proposal will force all parking to occur offsite. This
may be detrimental to the surrounding neighborhood.
Access to the development is proposed via a public alley off of Colorado Avenue,
which is a 80-foot right-of-way that is well under capacity at this time. These
facilities are adequate to meet the needs of the mixed use 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 mixed use development will be subject to permit and licensing
requirements and periodic inspections, thereby protecting the public health, safety
and general welfare.
5. The use meets all of the applicable conditions per Title 19.12.
The proposed Mixed-Use project meets all the required minimum Special Use
Permit Requirements pursuant to Title 19.12.
JB
VAR-69103, SUP-68777 and SDR-68778 [PRJ-68275]
Staff Report Page Seven
March 14, 2017 - Planning Commission Meeting
FINDINGS (SDR-68778)
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:
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 mixed use development is consistent with Las Vegas 2020 Master
Plan Policy 1.1.3, which encourages new market rate, multi-unit mixed-use
residential development on vacant or underutilized sites, with ground floor
commercial components included where appropriate. However, by proposing
parking facilities that are non-functional, the proposal is inconsistent with Title 19.
Access to the development is proposed via a public alley off of Colorado Avenue,
which is a 80-foot right-of-way that is well under capacity at this time. These
facilities are adequate to meet the needs of the mixed use development.
4. Building and landscape materials are appropriate for the area and for the
City;
The landscape materials are appropriate for this area of the City. The building
materials are also appropriate for the area of the City, which is represented in the
use of various colors of painted corrugated metal. The proposed landscaping is
also harmonious with the surrounding development as it complies with the
Downtown Centennial Plan Streetscape requirements.
JB
VAR-69103, SUP-68777 and SDR-68778 [PRJ-68275]
Staff Report Page Eight
March 14, 2017 - Planning Commission Meeting
6. Appropriate measures are taken to secure and protect the public health,
safety and general welfare.
The proposed plan will not impact public health, safety or welfare since the
development will be subject to the International Building Code and City
inspections during construction.
BACKGROUND INFORMATION
JB
VAR-69103, SUP-68777 and SDR-68778 [PRJ-68275]
Staff Report Page Nine
March 14, 2017 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was held to discuss submittal requirements
12/21/16
for applications related to a proposed Mixed Use Development.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
During a routine site visit staff observed an undeveloped site with
02/02/07
some a small amount of high weeds.
JB
VAR-69103, SUP-68777 and SDR-68778 [PRJ-68275]
Staff Report Page Ten
March 14, 2017 - Planning Commission Meeting
DEVELOPMENT STANDARDS
JB
VAR-69103, SUP-68777 and SDR-68778 [PRJ-68275]
Staff Report Page Eleven
March 14, 2017 - Planning Commission Meeting
JB
VAR-69103, SUP-68777 and SDR-68778 [PRJ-68275]
Staff Report Page Twelve
March 14, 2017 - Planning Commission Meeting
JB
VAR-69103
VAR-69103
VAR-69103, SUP-68777 and SDR-68778 - REVISED
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SUBJECT:
SUP-68777 - SPECIAL USE PERMIT RELATED TO VAR-69103 - PUBLIC HEARING -
APPLICANT: CHERRY DEVELOPMENT - OWNER: GIL UTAH, LLC - For possible action
on a request for a Special Use Permit FOR A MIXED-USE DEVELOPMENT at the southwest
corner of Colorado Avenue and Casino Center Boulevard (APNs 162-03-110-061, 135 and 136),
C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-68275]. Staff recommends DENIAL.
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-68777
SUP-68777
Agenda Item No.: 33.
SUBJECT:
SDR-68778 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-69103 AND SUP-
68777 - PUBLIC HEARING - APPLICANT: CHERRY DEVELOPMENT - OWNER: GIL
UTAH, LLC - For possible action on a request for a Site Development Plan Review FOR A
PROPOSED FOUR-STORY, 63-UNIT MIXED-USE DEVELOPMENT, INCLUDING 3,010
SQUARE FEET OF COMMERCIAL SPACE on 0.46 acres at the southwest corner of Colorado
Avenue and Casino Center Boulevard (APNs 162-03-110-061, 135 and 136), C-2 (General
Commercial) Zone, Ward 3 (Coffin) [PRJ-68275]. Staff recommends DENIAL.
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. 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-68778
SDR-68778
Agenda Item No.: 34.
SUBJECT:
VAR-68587 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: BETSY ANN
GOODALL LIVING TRUST - For possible action on a request for a Variance TO ALLOW A
ONE-FOOT SIDE YARD SETBACK WHERE 10 FEET IS REQUIRED FOR A PROPOSED
ACCESSORY STRUCTURE (CLASS II) [SHED] on 0.26 acres at 6141 West El Campo Grande
Avenue (APN 125-26-811-039), R-D (Single Family Residential-Restricted) Zone, Ward 6
(Ross) [PRJ-67833]. Staff recommends DENIAL.
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-68587 [PRJ-67833]
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
APPROVALS 1
PROTESTS 0
CS
VAR-68587 [PRJ-67833]
Conditions Page One
March 14, 2017 - Planning Commission Meeting
** CONDITIONS **
VAR-68587 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-68587 [PRJ-67833]
Staff Report Page One
March 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request to construct a garage within a required side yard setback area. The
garage is proposed to be built on the west side of the property at 6141 West El Campo
Grande Avenue.
ISSUES
ANALYSIS
The applicant is requesting a Variance in order to construct a garage with a side yard
setback of one foot. The subject site is located within the R-D (Single Family
Residential-Restricted) zoning district, which requires accessory structures to have a
minimum side yard setback of 10 feet. The site is surrounded by single family dwellings
to the east, south and west. The shared side property line that will be affected by the
applicants request is a Clark County property adjacent to the west. It is zoned R-E
Rural Estates Residential. Per the submitted justification letter, the proposed garage
will have stucco and tile to match the exterior faade of the existing residence on the
property. The garage will maintain a six-foot distance separation from the principal
dwelling. The applicant has failed to provide any substantial evidence to justify the
approval of the requested Variance.
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 a new garage with a
side yard setback of one foot. If denied, the applicant will be required to reposition their
proposed garage in order to meet Title 19 requirements.
FINDINGS (VAR-68587)
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-68587 [PRJ-67833]
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
BACKGROUND INFORMATION
CS
VAR-68587 [PRJ-67833]
Staff Report Page Three
March 14, 2017 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was held with the applicant where the
11/21/16
submittal requirements and deadlines were reviewed.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
Staff conducted a routine field check and found the site to be well
02/02/17
maintained.
CS
VAR-68587 [PRJ-67833]
Staff Report Page Four
March 14, 2017 - Planning Commission Meeting
DEVELOPMENT STANDARDS
CS
VAR-68587
VAR-68587
VAR-68587
VAR-68587 - REVISED
VAR-68587 - REVISED
VAR-68587 [PRJ-67833] - VARIANCE - APPLICANT/OWNER: BETSY ANN GOODALL LIVING TRUST
6141 WEST EL CAMPO GRANDE AVENUE
02/02/17
VAR-68587 [PRJ-67833] - VARIANCE - APPLICANT/OWNER: BETSY ANN GOODALL LIVING TRUST
6141 WEST EL CAMPO GRANDE AVENUE
02/02/17
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VAR-68587 - REVISED
Agenda Item No.: 35.
SUBJECT:
VAR-68694 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: FORREST
DEVON MICH''L - For possible action on a request for a Variance TO ALLOW A 30-FOOT
FRONT YARD SETBACK WHERE 50 FEET IS REQUIRED AND A 22-FOOT REAR YARD
SETBACK WHERE 35 FEET IS REQUIRED FOR A NEW SINGLE FAMILY RESIDENCE
generally located on the west side of Homestead Street, approximately 140 feet north of Horse
Drive (APN 125-08-604-013), R-E (Residential Estates) Zone, Ward 6 (Ross) [PRJ-66175].
Staff recommends DENIAL.
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-68694 [PRJ-66175]
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
APPROVALS 1
PROTESTS 1
CS
VAR-68694 [PRJ-66175]
Conditions Page One
March 14, 2017 - Planning Commission Meeting
** CONDITIONS **
VAR-68694 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. The applicant shall meet with the Planning Department to be assigned an address
prior to the issuance of any permits.
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.
CS
VAR-68694 [PRJ-66175]
Staff Report Page One
March 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request to construct a house within a required front yard and rear yard setback
area. The house is proposed to be built on the west side of Homestead Street,
approximately 140 feet north of Horse Drive.
ISSUES
x The R-E (Residence Estates) zoning district requires principal dwellings to have a
rear yard setback of 35 feet and a front yard setback of 50 feet. The applicant
proposes to construct a house with a 22-foot rear yard setback and a front yard
setback of 30 feet. Staff recommends denial of the request.
ANALYSIS
The subject site is located within the R-E (Residence Estates) zoning district, which
requires principal buildings to have a minimum rear yard setback of 35 feet and a
minimum front yard setback of 50 feet. The applicant is requesting a Variance in order
to construct a new single family dwelling with a rear yard setback of 22 feet and a front
yard setback of 30 feet. Per the submitted justification letter, the proposed house
configuration is requested in order to allow for optimum heat loss/gain from the sun. It
was also noted in the justification letter that some neighboring parcels have less
restrictive front yard setback requirements. While this may be true, the subject site is
adjacent to Clark County properties to the north and west and City properties zoned R-E
(Residence Estates) and R-PD2 (Residential Planned Development 2 unit/gross acre)
to the south and east. Each parcel is only subject to the regulations of its assigned
zoning district. If the applicant wants to be subject to a less restrictive front yard
setback requirement, the proper protocol would be to apply for a rezoning.
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 a new single family
dwelling with a front yard setback of 30 feet and a rear yard setback of 22 feet. If
denied, the applicant will have to reposition the proposed house in order to meet Title
19 requirements.
CS
VAR-68694 [PRJ-66175]
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
FINDINGS (VAR-68694)
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:
BACKGROUND INFORMATION
CS
VAR-68694 [PRJ-66175]
Staff Report Page Three
March 14, 2017 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was held with the applicant where the
08/09/16
submittal requirements and deadlines were reviewed.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
Staff conducted a routine field check and found an undeveloped site
02/02/17
with vehicles and equipment in the northwest corner of the property.
CS
VAR-68694 [PRJ-66175]
Staff Report Page Four
March 14, 2017 - Planning Commission Meeting
DEVELOPMENT STANDARDS
CS
VAR-68694
VAR-68694
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VAR-68694
VAR-68694 [PRJ-66175] - VARIANCE - APPLICANT/OWNER: FORREST DEVON MICH'L
WEST SIDE OF HOMESTEAD STREET, NORTH OF HORSE DRIVE
02/02/17
VAR-68694 [PRJ-66175] - VARIANCE - APPLICANT/OWNER: FORREST DEVON MICH'L
WEST SIDE OF HOMESTEAD STREET, NORTH OF HORSE DRIVE
02/02/17
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VAR-68694
Agenda Item No.: 36.
SUBJECT:
VAR-68805 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: STONE ASSETS,
LLC - For possible action on a request for a Variance TO ALLOW A 25-FOOT FRONT YARD
SETBACK WHERE 50 FEET IS REQUIRED FOR A PROPOSED SINGLE FAMILY
DWELLING on 0.27 acres located on the north side of Palomino Lane, approximately 150 feet
west of Shetland Road (APN 139-32-703-010), R-A (Ranch Acres) Zone, Ward 1 (Tarkanian)
[PRJ-68736]. Staff recommends DENIAL.
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-68805 [PRJ-68736]
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
APPROVALS 4
PROTESTS 0
RG
VAR-68805 [PRJ-68736]
Conditions Page One
March 14, 2017 - Planning Commission Meeting
** CONDITIONS **
VAR-68805 CONDITIONS
Planning
1. This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
2. All necessary building permits shall be obtained and final inspections shall be
completed in compliance with Title 19 and all codes as required by the Department
of Building and Safety.
3. These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit.
4. All City Code requirements and design standards of all City departments must be
satisfied, except as modified herein.
RG
VAR-68805 [PRJ-68736]
Staff Report Page One
March 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting a Variance to allow a 25-foot front yard setback for a
proposed 6,013 square-foot single family dwelling on a property located on the north
side of Palomino Lane, approximately 150 feet west of Shetland Road.
ISSUES
x The Variance request is to allow a 25-foot front yard setback for a proposed single
family dwelling. Pursuant to Title 19.08.040(A) of the archived zoning codes, the
minimum front yard setback in the R-A (Ranch Acres) zoning district is 50 feet.
ANALYSIS
The subject property is located in an R-A (Ranch Acres) zoning district, which has a
minimum lot size of 40,000 square feet. The subject property is currently undeveloped
with lot size of 0.27 acres, or 11,761 square feet. The subject property is considered a
legal non-conforming lot. This property is subject to the requirements of Title
19.08.040(A) of the archived zoning codes. The proposed single family dwelling will not
have an impact on the Airport Overlay and Rural Preservation Overlay Districts.
The applicant is requesting a Variance to allow a 25-foot front yard setback for a
proposed single family dwelling. Pursuant to Title 19.08.040(A) in the archived zoning
codes, the required setback for the R-A zoning is 50 feet; therefore, this would be a
deviation from the code by 50 percent. A similar sized and zoned lot located
immediately to the west contains a residence that meets the required setbacks.
The submitted plans also include an Accessory Structure (Class II) [Casita] with no full
kitchen facility. The accessory structure meets all development standards pursuant to
Title 19.08 of the archived zoning codes. However, pursuant to Title 19.08.040(B)(1)(a)
states, no accessory structure shall be erected or moved onto any lot prior to
construction of the main building unless a building permit has been issued for
construction of the main building.
The applicant has proposed a single family dwelling that cannot meet the front yard
setback. The applicant has presented no evidence of a unique or extraordinary
circumstance for the Variance request. The proposed layout of the single family
dwelling has created a self-imposed hardship which failed to meet the front yard
setback requirements; therefore, staff recommends denial. If approved, staff
recommends it be subject to the conditions included in this report.
RG
VAR-68805 [PRJ-68736]
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
FINDINGS (VAR-68805)
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:
BACKGROUND INFORMATION
RG
VAR-68805 [PRJ-68736]
Staff Report Page Three
March 14, 2017 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was conducted by staff with the applicant.
The setback requirements for a proposed single-family residential were
01/26/17 discussed. The front yard setback for the proposed house does not
meet the R-A zoning district standards. A Variance application is
required.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
A field check was conducted by staff and observed an undeveloped
02/02/17
property free of trash and debris.
RG
VAR-68805 [PRJ-68736]
Staff Report Page Four
March 14, 2017 - Planning Commission Meeting
DEVELOPMENT STANDARDS
Pursuant to Title 19.08 of the Archived Zoning Ordinance, the following standards
apply:
Standard Required/Allowed Provided Compliance
Min. Lot Size 40,000 SF 11,761 SF Y
Min. Lot Width 100 Feet 76.79 Feet Y
Min. Setbacks
x Front 50 Feet 25 Feet N
x Side (West) 10 Feet 10 Feet Y
x Side (East) 10 Feet 10 Feet Y
x Rear 35 Feet 35 Feet Y
Accessory Structure Min.
Setbacks
x Side (West) 3 Feet 10 Feet Y
x Side (East) 3 Feet 10 Feet Y
x Rear 3 Feet 10 Feet Y
Min. Distance Between Buildings 6 Feet 6 Feet Y
Max. Rear Yard Coverage 50 % 26 % Y
Max. Building Height 2 stories or 35 Feet 17 Feet Y
RG
VAR-68805
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VAR-68805 - REVISED
VAR-68805 [PRJ-68736] - VARIANCE - APPLICANT/OWNER: STONE ASSETS, LLC
NORTH SIDE OF PALOMINO LANE, WEST OF SHETLAND ROAD
02/02/17
VAR-68805 [PRJ-68736] - VARIANCE - APPLICANT/OWNER: STONE ASSETS, LLC
NORTH SIDE OF PALOMINO LANE, WEST OF SHETLAND ROAD
02/02/17
VAR-68805 [PRJ-68736] - VARIANCE - APPLICANT/OWNER: STONE ASSETS, LLC
NORTH SIDE OF PALOMINO LANE, WEST OF SHETLAND ROAD
02/02/17
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VAR-68805
Agenda Item No.: 37.
SUBJECT:
VAR-68840 - VARIANCE - PUBLIC HEARING - APPLICANT: BACA''S NATIONAL
TRANSMISSION - OWNER: CHARLES F. DAVID AND PENNYE R. DAVID FAMILY
TRUST - For possible action on a request for a Variance TO ALLOW AN EIGHT-FOOT TALL
REAR PERIMETER BLOCK WALL WITH FOUR FEET OF WROUGHT IRON ON TOP
WHERE EIGHT FEET IS THE MAXIMUM OVERALL HEIGHT ALLOWED on 0.30 acres at
3030 Builders Avenue (APN 139-36-810-007), M (Industrial) Zone, Ward 3 (Coffin) [PRJ-
68539]. Staff recommends DENIAL.
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-68840 [PRJ-68539]
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
APPROVALS 2
PROTESTS 0
RG
VAR-68840 [PRJ-68539]
Conditions Page One
March 14, 2017 - Planning Commission Meeting
** CONDITIONS **
VAR-68840 CONDITIONS
Planning
1. Conformance to the approved conditions for Site Development Plan Review (SDR-
20650).
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. The existing razor wire shall be removed within 90 days of final approval.
4. All necessary building permits shall be obtained and final inspections shall be
completed in compliance with Title 19 and all codes as required by the Department
of Building and Safety.
5. These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit.
6. All City Code requirements and design standards of all City departments must be
satisfied, except as modified herein.
RG
VAR-68840 [PRJ-68539]
Staff Report Page One
March 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting a Variance to allow a 12-foot maximum overall height for the rear
perimeter wall on a property located at 3030 Builders Avenue.
ISSUES
x The Variance request is to allow an additional four-foot tall wrought iron fence on top of an
existing eight-foot tall concrete masonry unit wall. Pursuant to Title 19.08, a maximum of
eight feet is allowed for a perimeter wall; therefore, staff does not support this request.
x This application is a result of a Code Enforcement case (#172697).
ANALYSIS
The subject property is located on an M (Industrial) zoning district and is subject to Title 19.08
development standards. The subject property has an active business license for an Auto
Repair Garage, Major use.
The applicant is requesting a Variance to allow a four-foot tall wrought iron fence above an
existing eight-foot tall concrete masonry unit wall located in the rear of the property; for a
maximum overall height of 12 feet. The existing eight-foot wall was permitted, but the razor
wire above it was not, which resulted in a Code Enforcement case (#172697). Since the razor
wire is incorporated on the top of the existing wall, the overall height exceeds the maximum
height permitted by code. If this application is approved, a condition has been added to
remove the existing razor wire.
The proposed four-foot wrought iron fence above the existing eight-foot concrete masonry unit
wall exceeds the maximum height requirement. The applicant is creating a self-imposed
hardship. Therefore, staff recommends denial of this request. If the application is denied, the
existing razor wire shall be removed.
FINDINGS (VAR-68840)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City
Council, in considering the merits of a Variance request, shall not grant a Variance in order to:
RG
VAR-68840 [PRJ-68539]
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
BACKGROUND INFORMATION
RG
VAR-68840 [PRJ-68539]
Staff Report Page Three
March 14, 2017 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was conducted by staff with the applicant to
01/04/17 discuss the submittal requirements for a Variance application to allow
a maximum overall height of 12 feet.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
A field check by staff was conducted of the subject site. It was noted
that the rear wall has an existing eight-foot tall concrete masonry wall
02/02/17
and a razor wire above running across the south property line adjacent
to a public alley.
RG
VAR-68840 [PRJ-68539]
Staff Report Page Four
March 14, 2017 - Planning Commission Meeting
DEVELOPMENT STANDARDS
Pursuant to Site Development Plan Review (SDR-20650) and Title 19, the following
standards apply:
Standard Required/Allowed Provided Compliance
Min. Lot Width 100 Feet 100 Feet Y
Min. Setbacks
x Front 10 Feet 10 Feet Y
x Side 10 Feet 10 Feet Y
x Rear 0 Feet 84 Feet Y
Screen,
Trash Enclosure Screened, Gated, w/ a Gated, w/a Y
Roof or Trellis Roof
Mech. Equipment Screened Screened Y
RG
VAR-68840 [PRJ-68539]
Staff Report Page Five
March 14, 2017 - Planning Commission Meeting
RG
VAR-68840
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VAR-68840 - REVISED
VAR-68840 [PRJ-68539] - VARIANCE - APPLICANT: BACA'S NATIONAL TRANSMISSION - OWNER: CHARLES F.
DAVID AND PENNYE R. DAVID FAMILY TRUST
3030 BUILDERS AVENUE
02/02/17
VAR-68840 [PRJ-68539] - VARIANCE - APPLICANT: BACA'S NATIONAL TRANSMISSION - OWNER: CHARLES F.
DAVID AND PENNYE R. DAVID FAMILY TRUST
3030 BUILDERS AVENUE
02/02/17
VAR-68840 [PRJ-68539] - VARIANCE - APPLICANT: BACA'S NATIONAL TRANSMISSION - OWNER: CHARLES F.
DAVID AND PENNYE R. DAVID FAMILY TRUST
3030 BUILDERS AVENUE
02/02/17
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VAR-68840 - REVISED
Agenda Item No.: 38.
SUBJECT:
SUP-67480 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: CITY IMPACT
CENTER - OWNER: TRINITY LIFE CENTER - For possible action on a request for a Special
Use Permit FOR A SENIOR CITIZEN APARTMENTS USE on the north side of Sahara
Avenue, approximately 1,080 feet west of Maryland Parkway (APNs 162-03-801-030, 052, 053
and 066), C-1 (Limited Commercial) Zone, Ward 3 (Coffin) [PRJ-67445]. Staff recommends
DENIAL.
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - SUP-67480 and SDR-67483 [PRJ-67445]
3. Supporting Documentation - SUP-67480 and SDR-67483 [PRJ-67445]
4. Photo(s) - SUP-67480 and SDR-67483 [PRJ-67445]
5. Justification Letter - SUP-67480 and SDR-67483 [PRJ-67445]
SUP-67480 and SDR-67483 [PRJ-67445]
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
APPROVALS 0
PROTESTS 0
SS
SUP-67480 and SDR-67483 [PRJ-67445]
Conditions Page One
March 14, 2017 - Planning Commission Meeting
** CONDITIONS **
SUP-67480 CONDITIONS
Planning
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.
6. All City Code requirements and design standards of all City departments must be
satisfied, except as modified herein.
SDR-67483 CONDITIONS
Planning
SS
SUP-67480 and SDR-67483 [PRJ-67445]
Conditions Page Two
March 14, 2017 - Planning Commission Meeting
2. Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-67480) shall be required, if approved.
3. This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
4. All development shall be in conformance with the site plan, landscape plan,
building elevations and floor plans, date stamped 01/26/17, except as amended by
conditions herein.
5. Prior to the issuance of a building permit for new construction, record a perpetual
offsite parking agreement against Assessors Parcel Number 162-03-801-003 for a
minimum of 50 parking spaces. The agreement shall be submitted to the
Department of Planning and approved by the City Attorney prior to recordation.
The applicant shall provide a copy of the recorded agreement to the Department.
7. An Exception from Title 19.08.040 is hereby approved, to allow zero trees in the
perimeter landscape buffer along the north property line where four trees are
required, spaced a maximum of 30 feet apart.
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.
SS
SUP-67480 and SDR-67483 [PRJ-67445]
Conditions Page Three
March 14, 2017 - Planning Commission Meeting
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. 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.
15. Sign and record a deed restriction with language determined to be satisfactory by
the City Attorney which restricts the use of the site to an age-restricted community
for those persons 55 years of age or older, to the full extent of the law.
16. All City Code requirements and design standards of all City Departments must be
satisfied, except as modified herein.
Public Works
17. Prior to issuance of permits for this site, submit a Sewer Improvement Plan that is
acceptable to the Sanitary Sewer Planning Section of the Department of Public
Works. Such plan must show the existing private sewer located in the private
street from this site south to Sahara Avenue and make any necessary
improvements which may include the installation of a new private sewer to service
this site to Sahara Avenue.
18. Meet with the Fire Protection Engineering Section of the Department of Fire
Services to discuss fire requirements for the proposed use of this facility.
19. 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.
SS
SUP-67480 and SDR-67483 [PRJ-67445]
Staff Report Page One
December 13, 2016 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
ISSUES
SS
SUP-67480 and SDR-67483 [PRJ-67445]
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
x The existing lots where the senior citizen apartment building is proposed must be
combined through a separate administrative mapping action prior to the issuance of
building permits for construction.
ANALYSIS
The proposed use meets the definition, as the proposal is for affordable senior multi-
family units for rent, with ancillary services to be provided. According to the applicant,
the development will especially encourage tenants 55 years of age or older and comply
with all accessibility and adaptability requirements for veterans.
The proposed use meets this requirement, as the proposed four-story building
is compatible with other types of development in the C-1 District, including, but
not limited to, offices, general retail, general personal services, restaurants
and other similar uses. The roofline of the proposed building will be articulated
to segment the mass of the structure.
2. The use shall be developed and operated only in connection with ground-level
nonresidential development. In the case of a multi-floor structure, the
apartments themselves must be located above the ground floor, but access
ways, entryways and community rooms may be located on the ground floor.
SS
SUP-67480 and SDR-67483 [PRJ-67445]
Staff Report Page Three
March 14, 2017 - Planning Commission Meeting
The proposed use will meets this requirement if Conditional Use Regulation 2
is waived by means of a Special Use Permit, as no commercial uses are
proposed.
4. The overall architecture of the front elevation shall highlight the difference in
uses through variations in volume and proportion, and shall be treated as a
cohesive whole through finishes and colors.
The proposed use meets this requirement, as similar exterior finishes and
accents are used on all sides of the proposed building. Portions of the front
elevation change in wall plane for variation.
The proposed use does not meet this requirement. The building setbacks for
the C-1 District are met for a site having 51 percent lot coverage; however,
waivers are required to allow no landscape buffer along the west property line
and reduced width in the required perimeter landscape buffers along the north
and south property lines.
The proposed development would be located on an infill site north of Sahara Avenue
along an improved 60-foot wide private access easement. The site currently contains a
two-story senior citizens apartment building owned by a religious institution located to
the northwest adjacent to Baker Park. The existing building would be removed. A four-
story building is proposed containing 52 one-bedroom and 14 two-bedroom units. This
area is entirely zoned C-1 (Limited Commercial), which allows Senior Citizen
Apartments under certain conditional use regulations. The religious entity owns and
operates most, but not all of the facilities located along the private access easement.
Owing to the size of the building footprint, the development cannot meet onsite parking,
landscaping and trash facility requirements of Title 19, as well as two of the five
Conditional Use Regulations for the Senior Citizen Apartments use, requiring a Special
Use Permit. The use itself is compatible with the area; however, the project as
proposed to be constructed is not compatible with the site.
SS
SUP-67480 and SDR-67483 [PRJ-67445]
Staff Report Page Four
March 14, 2017 - Planning Commission Meeting
The proposed building meets required C-1 setbacks from property lines; however, it
would be located along the western edge of property, within a private access easement.
This would decrease the overall width of the private easement, which provides access
to several properties. A Condition of Approval has been added to require that the
applicant provide sufficient evidence to support their right to build within this easement
area. In addition, this does not allow for adequate landscape buffering at the front of the
development. The landscaping and walkways provided along the building entry would
encroach into the easement, reducing the travel lane by approximately eight feet. As
such, a Waiver to allow a zero-foot perimeter landscape buffer where eight feet is
required is necessary. Staff recommends denial of the Waiver, as sufficient buffering
from the frontage should be provided and the travel lane should remain uniform in width
along the entire private access easement. In addition, walkways along the north and
south sides of the building encroach into the required landscape buffer areas, reducing
the number of trees that can be provided for privacy, shading and screening.
As the building, landscaping and walkways will take up most of the space on the site,
onsite parking is not proposed. The 66 units proposed require at least 50 parking
spaces to be provided. At this time there is no recorded offsite parking agreement that
would provide the necessary spaces; however, arrangements have been made to
provide 50 spaces in the churchs parking lot located to the northwest. The site plan
indicates these spaces are in excess of the required parking for the church and could be
made available to the apartment residents and guests on a full-time basis. Access to
the parking lot is restricted but can be accessed from the private access easement. A
condition of approval will require the recordation of a perpetual offsite parking
agreement to satisfy the parking requirement for this use. If the agreement cannot be
executed, a variance to allow no parking spaces will be required. The site plan also
indicates that 29 additional parking spaces can be made available on church-owned
property opposite the proposed apartment building. However, these spaces cannot be
part of any perpetual parking agreement, as they are located entirely within the private
access easement and can be rightly used by anyone.
As the building and landscaping would be situated at the edge of the private access
easement and no other access to the property is proposed, no provision is made for
onsite trash disposal facilities. Instead, a trash enclosure would be provided opposite
the building on APN 162-03-801-138 within the easement. An Exception of Title
19.08.040 is required to allow the enclosure offsite at the frontage without adequate
screening such as landscaping. For a large residential building such as the one
proposed, trash facilities should be located at the side or rear of the site so as to be
convenient to residents and screened so as to maintain the aesthetics of the
development. Furthermore, while the enclosure would not impede the travel lanes of
the private access easement, the intent of the easement is for parking and access only,
not further private development. Staff therefore recommends denial of the Exception.
SS
SUP-67480 and SDR-67483 [PRJ-67445]
Staff Report Page Five
March 14, 2017 - Planning Commission Meeting
In order to provide site utilities and meet zoning and building code requirements for this
development, the existing lots where the senior citizen apartment building is proposed
must be combined through a separate administrative mapping action prior to the
issuance of building permits for construction.
The subject site is appropriate for the Senior Citizen Apartments use; however, the
development proposed would overbuild on this site, prompting several waivers and
exceptions and the need for an offsite parking agreement. Reduction in the size of the
building footprint would allow for conformance to Title 19 requirements. Staff therefore
recommends denial of the Special Use Permit and Site Development Plan Review, with
conditions if approved. If denied, the existing two-story senior citizen apartment building
would remain.
FINDINGS (SUP-67480)
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:
The proposed Senior Citizen Apartments use is appropriate for this area that
contains commercial uses such as offices and retail, with a Church/House of
Worship and public park abutting the site. However, too much of the site is
proposed to be taken up by the building footprint, which will not allow for adequate
onsite parking, landscaping and refuse facilities.
2. The subject site is physically suitable for the type and intensity of land use
proposed.
The 0.79-acre commercially zoned site is suitable for the intensity of the Senior
Citizen Apartments use; however, the site cannot accommodate onsite parking,
the required landscape buffering from other uses and onsite trash facilities given
the size of the building footprint proposed.
SS
SUP-67480 and SDR-67483 [PRJ-67445]
Staff Report Page Six
March 14, 2017 - Planning Commission Meeting
The site is served by a 60-foot wide private access easement from Sahara
Avenue, itself a 140-foot wide Primary Arterial. These facilities are adequate in
size to meet the needs of the proposed Senior Citizen Apartments use. However,
the development would encroach into the private access easement, creating non-
uniform travel lanes.
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 Senior Citizen Apartments on this site would
be consistent with Policy 2.2.2 of the Las Vegas 2020 Master Plan, which
encourages the development of senior citizen and assisted living housing as a
means of increasing residential density and meeting the needs of residents who
wish to age in place in their neighborhoods. However, the specific development of
senior citizen housing on this site does not allow for conformance with the citys
zoning code.
5. The use meets all of the applicable conditions per Title 19.12.
The proposed use does not meet Conditional Use Regulation 2 for the C-1
District, which requires Senior Citizen Apartments to contain ground level
nonresidential uses, or Conditional Use Regulation 5, which requires conformance
with building setback and perimeter landscape buffer standards for developments
exceeding 50 percent lot coverage. A Special Use Permit is therefore required,
which staff does not support.
FINDINGS (SDR-67483)
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:
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;
SS
SUP-67480 and SDR-67483 [PRJ-67445]
Staff Report Page Seven
March 14, 2017 - Planning Commission Meeting
The proposed development meets Objective 2.6 of the Las Vegas 2020 Master
Plan, which calls for improving the amount and quality of infill development on
vacant and underutilized lands within established areas of the city; and Objective
3.3, which is to ensure there is a diverse choice of affordable housing types that
meets the present and future needs of the citys population. However, onsite
parking, landscaping and trash disposal facilities and screening are not in
conformance with Title 19 requirements as a result of the size of the building
footprint.
Access to the site is from a 60-foot wide private access easement, which would be
compromised by encroachment of landscaping and a trash enclosure into the
easement area.
4. Building and landscape materials are appropriate for the area and for the
City;
The proposed building exterior would consist of painted stucco with slate accents,
decorative cornice and metal balcony railings. Landscape materials include a
variety of drought-tolerant deciduous and palm trees and shrubs. These materials
are compatible with nearby development and are appropriate for this area of the
City.
The submitted elevations indicate changes in materials, wall plane and roofline for
visual interest, thereby creating an orderly and aesthetically pleasing environment
that is compatible with other development in the area.
6. Appropriate measures are taken to secure and protect the public health,
safety and general welfare.
New development will be subject to building permit review and inspection, thereby
protecting the public health, safety and general welfare.
SS
SUP-67480 and SDR-67483 [PRJ-67445]
Staff Report Page Eight
March 14, 2017 - Planning Commission Meeting
BACKGROUND INFORMATION
SS
SUP-67480 and SDR-67483 [PRJ-67445]
Staff Report Page Nine
March 14, 2017 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
submittal requirements for Special Use Permit and Site Development
Plan Review applications. At the initial meeting it was noted that a
rear yard setback variance would be needed unless the building were
to be moved to the west. However, this would place the building within
10/26/16
the existing access easement. Staff asked the applicant to provide
information regarding the easement. An offsite parking agreement
with the church would be needed to account for parking, or a variance
for no spaces would be required. A DINA would be required, due to
the sites proximity to the Citys boundary with Clark County.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
The site contains an existing multistory apartment building, a play
area/garden and vacant lot. Access is from a private roadway with
11/03/16
unrestricted access to Sahara Avenue and restricted access to a
church at 1000 East St. Louis Avenue.
Existing Land
Surrounding Planned or Special Existing Zoning
Use Per Title
Property Land Use Designation District
19.12
Subject Senior Citizen C-1 (Limited
C (Commercial)
Property Apartments Commercial)
PR-OS
Public or Private
North (Parks/Recreation/Open C-V (Civic)
Park
Space)
C-1 (Limited
South Undeveloped C (Commercial)
Commercial)
Office, Other Than C-1 (Limited
East C (Commercial)
Listed Commercial)
Social Service C-1 (Limited
West C (Commercial)
Provider Commercial)
SS
SUP-67480 and SDR-67483 [PRJ-67445]
Staff Report Page Ten
March 14, 2017 - Planning Commission Meeting
DEVELOPMENT STANDARDS
SS
SUP-67480 and SDR-67483 [PRJ-67445]
Staff Report Page Eleven
March 14, 2017 - Planning Commission Meeting
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Floor Required Provided Compliance
Area or Parking Parking
Use Parking
Number of Ratio Handi- Handi-
Regular Regular
Units capped capped
Senior
Citizen 66 units 0.75/unit 50
Apartments
TOTAL SPACES REQUIRED 50 50 Y*
Regular and Handicap Spaces Required 50 0 50 0 Y*
*Spaces to be provided on APN 162-03-801-003 in excess of those required by the church use
on that parcel. A recorded offsite parking agreement is required by condition of approval.
Waivers
Requirement Request Staff Recommendation
Eight-foot perimeter Zero-foot buffer on the west
landscape buffer on the perimeter, 3-foot buffer on the
Denial
north, south, east and west north perimeter and 5-foot
property lines buffer on the south perimeter
SS
SUP-67480 and SDR-67483 [PRJ-67445]
Staff Report Page Twelve
March 14, 2017 - Planning Commission Meeting
Exceptions
Requirement Request Staff Recommendation
Refuse collection areas and
dumpsters are to be provided
in sufficient size and number One enclosure located offsite
to meet the needs of the on APN 162-03-801-138; trash
development, located away enclosure would be located at Denial
from the street front and the street front and not
screened from view from screened
rights-of-way, sidewalks and
abutting properties
One 24 box tree per 30 feet Zero trees on the north
Denial
in perimeter buffer areas perimeter
SS
SUP-67480
SUP-67480
SUBJECT:
SDR-67483 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-67480 - PUBLIC
HEARING - APPLICANT: CITY IMPACT CENTER - OWNER: TRINITY LIFE CENTER -
For possible action on a request for a Site Development Plan Review FOR A PROPOSED
FOUR-STORY, 66-UNIT SENIOR CITIZEN APARTMENT DEVELOPMENT WITH
WAIVERS TO ALLOW A ZERO-FOOT PERIMETER LANDSCAPE BUFFER ALONG THE
WEST PROPERTY LINE, A THREE-FOOT BUFFER ALONG A PORTION OF THE NORTH
PROPERTY LINE AND A FIVE-FOOT BUFFER ALONG A PORTION OF THE SOUTH
PROPERTY LINE WHERE EIGHT FEET IS REQUIRED on 1.85 acres on the north side of
Sahara Avenue, approximately 1,080 feet west of Maryland Parkway (APNs 162-03-801-030,
052, 053, 066 and 138), C-1 (Limited Commercial) Zone, Ward 3 (Coffin) [PRJ-67445]. Staff
recommends DENIAL.
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
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-67483
SDR-67483
Agenda Item No.: 40.
SUBJECT:
SUP-68681 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: MARY
BARTSAS 13, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED SHORT-TERM RESIDENTIAL RENTAL USE at 2701 Alta Drive (APN 139-32-
701-002), R-A (Ranch Acres) Zone, Ward 1 (Tarkanian) [PRJ-68471]. Staff recommends
DENIAL.
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Request to Withdraw Without Prejudice
2. Location and Aerial Maps
3. Conditions and Staff Report
4. Supporting Documentation
5. Photo(s)
6. Justification Letter
7. Protest Postcards
Nora Lares
From: Arnold Stalk [mailto:arnoldstalk@gmail.com]
Sent: Monday, February 27, 2017 5:51 AM
To: Nicole Eddowes
Cc: Arnold Stalk; Lois Tarkanian; Peter Lowenstein; Vicki L. Quinn
Subject: re: 2701 Alta Drive #SUP-68681 Application Withdraw 2/26/2017
Good morning.
Thank you for all that you do Ms. Eddowes. You are thoroughly professional and
meticulous with you work ethic.
Sincerely:
--
Arnold Stalk, PhD
(702) 624-5792
(702) 243-2377/FAX
www.arnoldstalk.com
Projects Worldwide: United States/China/Haiti
"Logic will get you from A to B. Imagination will take you everywhere".
Albert Einstein
Confidentiality Notice: The information contained in this email is privileged, private and confidential, including any and all attachments and is intended for the use of the recipients
or entities named above. Any use, including but not limited to, reading, disclosing, dissemination, distribution, reproduction and transmission is strictly prohibited. If you are not
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destroy this email message and all attachments. Your cooperation is appreciated.
https://youtu.be/KhT9to3th0U
SUP-68681
1 Item # 40
SUP-68681 [PRJ-68471]
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
APPROVALS 0
PROTESTS 4
NE
SUP-68681 [PRJ-68471]
Conditions Page One
March 14, 2017 - Planning Commission Meeting
** CONDITIONS **
SUP-68681 CONDITIONS
Planning
1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Short-
Term Residential Rental 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.
NE
SUP-68681 [PRJ-68471]
Staff Report Page One
March 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit to allow a Short-Term Residential Rental use
within the R-A (Ranch Acres) zoning district at 2701 Alta Drive.
ISSUES
ANALYSIS
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 Minimum Special Use Permit Requirements for this use include:
Requirement 1: The operator must obtain a permit from the Business Services
Division to operate the use. The use must be operated by either the
property owner or a property manager who holds a permit to
engage in property management pursuant to NRS Chapter 645. For
a use to be operated by the property owner, a separate permit must
be obtained for each rental. For a use to be operated by a property
manager, the permit shall be an annual permit, renewable annually
at the discretion of the Division, subject to the provisions of
Condition Use Regulation 6. In each case the operator shall pay
such fee as the Division may establish for the permit. A copy of the
permit, including all conditions established or imposed pursuant to
Conditional Use Regulation 4, shall be posted in a conspicuous
place within the rented premises.
NE
SUP-68681 [PRJ-68471]
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
Requirement 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. However, a permit issued
under Conditional Use Regulation 1 shall be deemed to take the
place of a license otherwise required by LVMC 6.46.020.
Requirement 3: The use must comply with the Citys noise regulations as they apply
to residential uses.
If approved, and the use fails to comply with the Minimum Special
Use Permit Requirements set forth by Title 19.04, the licensee is
subject to all means of enforcement, including civil proceedings.
Requirement 5: Vehicle parking associated with the use shall comply with
applicable parking regulations, and vehicles of guests and invitees
shall not obstruct traffic or access to other properties in the area.
NE
SUP-68681 [PRJ-68471]
Staff Report Page Three
March 14, 2017 - Planning Commission Meeting
Title 19.04 does not require additional parking beyond that which is
required for the principal use on the site, which in this case is a
single family residence. If approved, the use will be required to park
on-site and not obstruct traffic or access to other properties in the
area.
Requirement 6: The operator shall notify the Business Services Division of any
change in the operators telephone number and other contact
information. Any change in operator shall require the issuance of a
new permit.
FINDINGS (SUP-68681)
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:
2. The subject site is physically suitable for the type and intensity of land use
proposed.
The subject site is a single family, detached dwelling suitable for a Short-Term
Residential Rental as defined by Title 19.04.
NE
SUP-68681 [PRJ-68471]
Staff Report Page Four
March 14, 2017 - Planning Commission Meeting
Alta Drive is a 35-foot wide Major Collector as defined by the Master Plan of
Streets and highways which is adequate in size to accommodate a Short-Term
Residential Rental as defined by Title 19.04.
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 request will compromise the public welfare as the applicant has
demonstrated noncompliance with the Conditions of Title 19.04.
5. The use meets all of the applicable conditions per Title 19.12.
BACKGROUND INFORMATION
NE
SUP-68681 [PRJ-68471]
Staff Report Page Five
March 14, 2017 - Planning Commission Meeting
NE
SUP-68681 [PRJ-68471]
Staff Report Page Six
March 14, 2017 - Planning Commission Meeting
NE
SUP-68681 [PRJ-68471]
Staff Report Page Seven
March 14, 2017 - Planning Commission Meeting
Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
01/04/17
requirements for a Special Use Permit were discussed.
NE
SUP-68681 [PRJ-68471]
Staff Report Page Eight
March 14, 2017 - Planning Commission Meeting
Neighborhood Meeting
Meeting Start Time: 6:00 p.m.
Meeting End Time: 8:15 p.m.
Field Check
During a routine field check, staff observed an unoccupied single
02/02/17 family residence. Nothing of concern was noted by staff during the field
check.
NE
SUP-68681 [PRJ-68471]
Staff Report Page Nine
March 14, 2017 - Planning Commission Meeting
NE
SUP-68681
SUP-68681
SUP-68681
SUP-68681
SUP-68681
SUP-68681
SUP-68681 [PRJ-68471] - SPECIAL USE PERMIT - APPLICANT/OWNER: MARY BARTSAS 13, LLC
2701 ALTA DRIVE
02/02/17
SUP-68681 [PRJ-68471] - SPECIAL USE PERMIT - APPLICANT/OWNER: MARY BARTSAS 13, LLC
2701 ALTA DRIVE
02/02/17
SUP-68681 [PRJ-68471] - SPECIAL USE PERMIT - APPLICANT/OWNER: MARY BARTSAS 13, LLC
2701 ALTA DRIVE
02/02/17
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SUP-68681
Agenda Item No.: 41.
SUBJECT:
SDR-68470 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING - APPLICANT -
POB LAS VEGAS, LLC - OWNER: CITY OF LAS VEGAS - For possible action on a request
for a Site Development Plan Review FOR A PROPOSED SINGLE-STORY, 34,782 SQUARE-
FOOT SHOPPING CENTER on 3.48 acres at 300 North Casino Center Boulevard and 350
Stewart Avenue (APNs 139-34-501-004 and 008), C-2 (General Commercial) Zone, Ward 5
(Barlow) [PRJ-68139]. Staff recommends APPROVAL.
RECOMMENDATION:
Staff recommends APPROVAL, 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
RECEIVED
Mar 7, 2017
SDR-68470
SDR-68470 [PRJ-68139]
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
APPROVALS 0
PROTESTS 0
SS
SDR-68470 [PRJ-68139]
Conditions Page One
March 14, 2017 - Planning Commission Meeting
** CONDITIONS **
SDR-68470 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, landscape plan, and
building elevations, date stamped 01/26/17, except as amended by conditions
herein.
3. All utility or mechanical equipment shall comply with the provisions of the
Downtown Centennial Plan, unless approved by a separate Waiver.
4. Prior to the issuance of a building permit, a revised site plan shall be submitted to
and approved by the Department of Planning Department showing service areas
located away from the adjacent street frontages in conformance to the Downtown
Centennial Plan.
5. All necessary building permits shall be obtained and final inspections shall be
completed in compliance with Title 19 and all codes as required by the Department
of Building and Safety.
6. These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit.
7. The applicant shall coordinate with the City Surveyor and other city staff to
determine the most appropriate mapping action necessary to consolidate the
existing lots. The mapping action shall be completed and recorded prior to the
issuance of any building permits.
SS
SDR-68470 [PRJ-68139]
Conditions Page Two
March 14, 2017 - Planning Commission Meeting
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. In accordance with code requirements of Title 13.56, remove all substandard
improvements (including streetlights on Casino Center Boulevard) and replace with
new improvements meeting Downtown Centennial Standards and correct all
Americans with Disabilities Act (ADA) deficiencies on the sidewalks adjacent to this
site concurrent with development of this site. All existing paving damaged or
removed by this development shall be restored at its original location and to its
original width concurrent with development of this site.
13. 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.
14. Submit a License Agreement for landscaping and private improvements in the
public right-of-way adjacent to this site prior to this 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 encroaching in 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
adjacent property owner(s) and shall be transferred with the sale of the property for
the entire term of the License Agreement. Coordinate all requirements for the
License Agreement with the Land Development Section of the Department of
Building and Safety (702-229-4836).
15. Abandon any unused portion of the existing public sewer mains in 4th Street per
the Design and Construction Standards for Wastewater Collection Systems
(DCSWCS) guidelines concurrent with onsite development.
SS
SDR-68470 [PRJ-68139]
Conditions Page Three
March 14, 2017 - Planning Commission Meeting
16. Comply with the recommendations of the currently approved Traffic Impact
Analysis.
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, submittal of any construction drawings or the submittal of a
Map subdividing this site, 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. In lieu of constructing improvements, in whole or in part, the developer
may agree to contribute monies for the construction of neighborhood or local
drainage improvements, the amount of such monies shall be determined by the
approved Drainage Plan/Study and shall be contributed prior to the issuance of
any building or grading permits, or the recordation of a Map subdividing this site,
whichever may occur first.
SS
SDR-68470 [PRJ-68139]
Staff Report Page One
February 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
ISSUES
ANALYSIS
The size and scope of this infill redevelopment is smaller than previous proposals. This
proposal eliminates any previously proposed improvements to the Mob Museum site.
The two Site Development Plan Review approvals that preceded this request (SDR-
48856 and SDR-54002) have both expired; therefore, all new conditions of approval will
be applied to this action.
SS
SDR-68470 [PRJ-68139]
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
The subject site is located within the Downtown Gateway sub-district of the Downtown
Centennial Plan Overlay District. Pursuant to Title 19.10.110, the standard parking,
landscaping, building height, lot coverage and setback requirements are not
automatically applied. Additional standards specific to the Downtown Gateway District
are required, including those for setbacks, streetscape, utilities, parking structures and
signage. The project is categorized under New Development in the Development
Thresholds chapter of the Downtown Centennial Plan, which requires a Site
Development Plan Review.
The Cultural Corridor Trail is designated by the Downtown Centennial Plan adjacent to
this site along Stewart Avenue and Casino Center Boulevard. Conformance to the
Downtown Gateway streetscape requirements will satisfy the requirements for the trail.
The proposed development is subject to and meets the requirements of the Airport
Overlay District.
The submitted plans indicate areas for future signage, which is not part of this review.
All proposed signage will require review and approval by the Downtown Design Review
Committee prior to the issuance of permits for signage. Any proposed signage
determined not to be in conformance with Title 19.08 standards will also require a
Variance and a public hearing. Off-premise signage, if proposed, will require a Special
Use Permit, subject to conformance with distance separation requirements.
The site plan depicts an orderly layout of buildings and surface parking. The two
buildings are situated at the two corners and oriented to the interior so that they face the
existing Mob Museum site. However, plaza areas with storefronts have been
incorporated at the corners to activate the street frontages. Together, the design
satisfies the land use urban form, pedestrian environment and Downtown character
design goals of the Downtown Centennial Plan. Sufficient surface parking is provided at
the rear of the property, which contains adequate landscaping to provide shade and to
separate large areas of asphalt. A low 30-inch wall with similar materials as the
buildings is provided along the parking lot facing Casino Center Boulevard in
conformance with Downtown Centennial Plan requirements. Service areas are not
explicitly shown on the site plan, but need to be provided to ensure that service
activities occur onsite and away from street frontages. A condition of approval
addresses this. In addition, site utilities must be located underground or away from the
street frontages within the building footprints to eliminate clutter and hazards.
Each building is designed as a one-story, 26-foot tall structure with changes in rooflines,
materials and wall planes to provide visual interest. Canopies and glass storefronts are
incorporated into the entryways to provide a pedestrian scale to the project. A brick
veneer covering portions of each elevation provides continuity of design between
buildings and is compatible with the brick incorporated into the adjacent historic Mob
Museum building, which they face.
SS
SDR-68470 [PRJ-68139]
Staff Report Page Three
March 14, 2017 - Planning Commission Meeting
The two parcels that make up this site will be required to be combined in order to allow
site utilities across the entire site. An access easement in favor of the Mob Museum
site will be required as part of this mapping action to accommodate the existing
perimeter parking along the southern edge of the site. A condition of approval will
require a separate mapping action prior to the issuance of building permits.
FINDINGS (SDR-68470)
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:
The commercial uses proposed on this site are appropriate for the area, which
includes primarily large hotels, general retail storefront development and offices.
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;
SS
SDR-68470 [PRJ-68139]
Staff Report Page Four
March 14, 2017 - Planning Commission Meeting
towards restaurants, retail shops and service businesses intended to serve local
residents as well as the tourist market. Commercial uses are designated for this
site by the General Plan.
Access to the site would be from Stewart Avenue and 4th Street. Circulation is
two-way except for the 4th Street entrance. Vehicles may exit onto Casino Center
Boulevard or Stewart Avenue. The proposed layout restricts traffic movements to
the perimeter of the site and minimizes conflicts both within the site and with traffic
on the adjacent streets.
4. Building and landscape materials are appropriate for the area and for the
City;
The proposed stucco and brick veneer exteriors, metal canopies, and glass and
aluminum storefronts are similar to those used in other more modern Downtown
buildings and are appropriate for this project. The design and color of the brick
facades will match that of the adjacent Mob Museum for compatibility. Landscape
materials conform to the preferred plant list of the Downtown Centennial Plan.
6. Appropriate measures are taken to secure and protect the public health,
safety and general welfare.
SS
SDR-68470 [PRJ-68139]
Staff Report Page Five
March 14, 2017 - Planning Commission Meeting
BACKGROUND INFORMATION
SS
SDR-68470 [PRJ-68139]
Staff Report Page Six
March 14, 2017 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
submittal requirements for a Site Development Plan Review
application. The applicant stated that the development that was
previously approved for this site would be scaled back and that the
12/13/16
Mob Museum site is no longer a part of this project. The applicant was
advised to show the existing Mob Museum access and parking on the
site plan. The applicant was also advised to revise the proposed
building elevations to create a more pedestrian friendly environment.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
The east portion of the subject site is not developed. The west portion
of the site contains a single-story building and structures previously
01/05/17
used as a Transit Passenger Facility for bus transportation. These
structures are currently vacant.
SS
SDR-68470 [PRJ-68139]
Staff Report Page Seven
March 14, 2017 - Planning Commission Meeting
DEVELOPMENT STANDARDS
Pursuant to the Downtown Centennial Plan and Title 19.08, the following
standards apply:
Standard Required/Allowed Provided Compliance
Min. Lot Size N/A 150,718 SF N/A
Min. Lot Width 100 Feet 320 Feet Y
SS
SDR-68470 [PRJ-68139]
Staff Report Page Eight
March 14, 2017 - Planning Commission Meeting
Pursuant to the Downtown Centennial Plan and Title 19.08, the following
standards apply:
Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees
Parking Area
N/A N/A 53 Trees N/A
Trees
30 low wall
adjacent to
30 low wall adjacent to parking areas that parking area
Wall Height Y
directly face street frontages along
Casino
Center Blvd.
SS
SDR-68470 [PRJ-68139]
Staff Report Page Nine
March 14, 2017 - Planning Commission Meeting
SS
SDR-68470 [PRJ-68139]
Staff Report Page Ten
March 14, 2017 - Planning Commission Meeting
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
SS
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SDR-68470 - REVISED
SDR-68470 [PRJ-68139] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT - POB LAS VEGAS, LLC - OWNER:
CITY OF LAS VEGAS
300 NORTH CASINO CENTER BOULEVARD AND 350 STEWART AVENUE
02/02/17
SDR-68470 [PRJ-68139] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT - POB LAS VEGAS, LLC - OWNER:
CITY OF LAS VEGAS
300 NORTH CASINO CENTER BOULEVARD AND 350 STEWART AVENUE
02/02/17
SDR-68470 [PRJ-68139] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT - POB LAS VEGAS, LLC - OWNER:
CITY OF LAS VEGAS
300 NORTH CASINO CENTER BOULEVARD AND 350 STEWART AVENUE
02/02/17
SDR-68470 [PRJ-68139] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT - POB LAS VEGAS, LLC - OWNER:
CITY OF LAS VEGAS
300 NORTH CASINO CENTER BOULEVARD AND 350 STEWART AVENUE
02/02/17
SDR-68470 [PRJ-68139] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT - POB LAS VEGAS, LLC - OWNER:
CITY OF LAS VEGAS
300 NORTH CASINO CENTER BOULEVARD AND 350 STEWART AVENUE
02/02/17
SDR-68470 [PRJ-68139] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT - POB LAS VEGAS, LLC - OWNER:
CITY OF LAS VEGAS
300 NORTH CASINO CENTER BOULEVARD AND 350 STEWART AVENUE
02/02/17
SDR-68470 [PRJ-68139] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT - POB LAS VEGAS, LLC - OWNER:
CITY OF LAS VEGAS
300 NORTH CASINO CENTER BOULEVARD AND 350 STEWART AVENUE
02/02/17
SDR-68470 [PRJ-68139] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT - POB LAS VEGAS, LLC - OWNER:
CITY OF LAS VEGAS
300 NORTH CASINO CENTER BOULEVARD AND 350 STEWART AVENUE
02/02/17
SDR-68470 [PRJ-68139] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT - POB LAS VEGAS, LLC - OWNER:
CITY OF LAS VEGAS
300 NORTH CASINO CENTER BOULEVARD AND 350 STEWART AVENUE
02/02/17
SDR-68470 [PRJ-68139] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT - POB LAS VEGAS, LLC - OWNER:
CITY OF LAS VEGAS
300 NORTH CASINO CENTER BOULEVARD AND 350 STEWART AVENUE
02/02/17
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SDR-68470 - REVISED
Agenda Item No.: 42.
SUBJECT:
SDR-68652 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING -
APPLICANT/OWNER: REFRIGERATION SUPPLIES DISTRIBUTOR - For possible action
on a request for a Site Development Plan Review FOR A PROPOSED 28,650 SQUARE-FOOT
INDUSTRIAL BUILDING WITH WAIVERS OF DOWNTOWN CENTENNIAL PLAN
STREETSCAPE AND SERVICE AREA SCREENING REQUIREMENTS on 1.38 acres at
1901 and 1907 Western Avenue (APNs 162-04-703-007 and 008), M (Industrial) Zone, Ward 3
(Coffin) [PRJ-68650]. Staff recommends DENIAL.
C.C.: 4/19/2017
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
SDR-68652 [PRJ-68650]
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
APPROVALS 0
PROTESTS 1
PB
SDR-68652 [PRJ-68650]
Conditions Page One
March 14, 2017 - Planning Commission Meeting
** CONDITIONS **
SDR-68652 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 date stamped 03/01/17,
the landscape plan date stamped 02/02/17, and building elevations date stamped
03/01/17, except as amended by conditions herein.
4. A Waiver from the Downtown Centennial Plan parking lot screening standards is
hereby approved, to not require the decorative, ornamental iron fencing for parking
fronting on Western Avenue.
6. All utility or mechanical equipment shall comply with the provisions of the
Downtown Centennial Plan, unless approved by a separate Waiver.
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.
PB
SDR-68652 [PRJ-68650]
Conditions Page Two
March 14, 2017 - Planning Commission Meeting
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.
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.
Public Works
14. 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.
15. 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.
16. 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.
PB
SDR-68652 [PRJ-68650]
Staff Report Page One
March 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
ISSUES
x The subject site is currently divided into two lots that must be combined before this
proposal could be constructed. A parcel map (PM-67713) that would combine the
parcels was released for recordation on 02/13/17. A condition of approval would
require recordation before building permits.
x The proposed building fails to meet the Downtown Centennial Plan requirements for
parking screening, streetscape standards, and loading dock location. Waivers have
been requested for each of those requirements as part of this Site Development
Plan Review. Staff supports the requests for screening and streetscape waivers, but
only for a portion of the site. Staff does not support the loading dock location
request.
x The access on the south end of the site is shared with the adjacent property. To
guarantee that this access point will continue to serve the property and provide
appropriate interior circulation, a cross access easement will need to be documented
before building permits are issued for the site.
x The internal circulation of the site and the location of the truck dock requires semi-
tractor/trailers to engage the loading dock by pulling into the Western Avenue right of
way. Western Avenue has on-street parking parallel to the curb, but the trucks may
still enter into the north bound lane and will block the sidewalk completely at times.
This will create a life, health and safety issue, and staff does not support the request.
ANALYSIS
The applicant is proposing to construct a 28,650 square foot building that will serve as a
wholesale showroom facility. The site is zoned M (Industrial) and the proposed use is a
permitted use in that zoning district. The site is currently made up of two individual lots
that will be combined for this project. A parcel map (PMP-67713) has been
administratively approved and a condition of approval will require that it be recorded
prior to the issuance of building permits for this project.
PB
SDR-68652 [PRJ-68650]
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
The building itself is proposed to be constructed mainly of concrete wall panels, with
significant fenestration on the Western Avenue frontage, consistent faade articulation,
a prominent cornice feature, and a cohesive design and color scheme on all four sides
of the structure. The architectural guidelines of both Title 19 and the Downtown
Centennial Plan are met with the proposed elevations.
While the landscape materials and buffer size conform to the requirements of Title 19,
the streetscape requirements of the Downtown Centennial Plan are more restrictive.
Western Avenue requires a 5-foot wide landscape buffer at back of curb and a 10-foot
wide landscape sidewalk. The applicant is requesting a waiver to this requirement to
allow the proposed configuration as well as to eliminate the required ornamental iron
fence that serves as screening for parking lots adjacent to the right of way. The
applicants justification letter dated 02/16/17 explains that there is not another property
in the surrounding area that provides the 10-foot sidewalk or the ornamental iron fence.
The existing condition of the site is asphaltic pavement all the way to the back of curb,
and while the property to the north has sidewalk at back of curb, the property to the
south provides a landscape planter at back of curb with the pavement of its parking lot
serving as the only walkway. The dual driveway (including a shared driveway on the
south end of the site) would allow this site to provide the full Downtown Centennial Plan
streetscape improvements in between the proposed driveways while allowing sensitive
transitions to the existing conditions to the north and south of the proposed driveways.
Staff supports this waiver, but only for the portion of the site north of the northern most
driveway for transition purposes.
In addition to the streetscape waiver, the applicant has also requested a waiver of the
Downtown Centennial Plans requirement that the loading dock not be on the property
frontage. The loading doors for this facility have been designed on the Western Avenue
faade and screening alone does not alleviate the condition. The applicants
justification letter dated 02/16/17 explains that the loading bays are only minimally used,
rarely have trucks docked at them, and are only opened otherwise for short periods to
allow customer loading. In addition to the lack of conformance with the Downtown
Centennial Plan standards, the loading dock locations create some delivery vehicle
circulation issues which would necessitate semi-tractor/trailers using a portion of the
Western Avenue right of way in order to engage the loading dock. This may cause an
obstruction to the northbound traffic lane, even though there is parking on-street,
PB
SDR-68652 [PRJ-68650]
Staff Report Page Three
March 14, 2017 - Planning Commission Meeting
parallel to the curb, and will completely block pedestrian traffic on the sidewalk. A
drawing was submitted that demonstrates this circulation movement. Staff is not
supporting this waiver request as there is a life, health and safety issue involved.
Staff is recommending denial of the project, due to the number of waivers requested
from the Downtown Centennial Plan. Conditions of approval have been included that
minimize the waiver for streetscape improvements to only the northern most portion of
the site and for the addition of parking lot trees.
FINDINGS (SDR-68652)
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:
The proposed warehouse facility is a permitted use within the M (Industrial) zoning
district, and the surrounding neighborhood is similarly zoned. The Downtown
Centennial Plan also designates this property as part of the Industrial Corridor
District. Therefore, the use and the development 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 general plan guides this site and the surrounding area for LI/R (Light
Industrial / Research) and the proposed facility fits as a use under that
designation. The Industrial Corridor District of the Downtown Centennial Plan also
designates this property for industrial development. However, the waivers that
have been requested to the streetscape, parking screening and service area
standards indicate that the project is not in conformance with city standards.
The location of the loading dock at the front of the building has created an internal
site circulation that will not allow large trucks to engage the dock without entering
the first three feet of the Western Avenue right of way. As such, this could create
a negative impact on Western Avenue and neighborhood traffic.
PB
SDR-68652 [PRJ-68650]
Staff Report Page Four
March 14, 2017 - Planning Commission Meeting
4. Building and landscape materials are appropriate for the area and for the
City;
The building materials are consistent with industrial development and the
landscape materials are drought tolerant and appropriate for this area of the city.
6. Appropriate measures are taken to secure and protect the public health,
safety and general welfare.
The proposed project will be required to obtain building permits and be inspected
during construction to assure that all necessary public safety measures are
required and maintained.
BACKGROUND INFORMATION
PB
SDR-68652 [PRJ-68650]
Staff Report Page Five
March 14, 2017 - Planning Commission Meeting
Pre-Application Meeting
A pre-application conference was held with the applicant, the submittal
01/19/17 requirements for a Site Development Plan Review were discussed, as
were the Downtown Centennial Plan standards.
Neighborhood Meeting
Was not required, nor was one held.
Field Check
Staff completed a routine site visit, noting that the parcels were vacant
02/02/17
and fenced off with construction fencing.
PB
SDR-68652 [PRJ-68650]
Staff Report Page Six
March 14, 2017 - Planning Commission Meeting
DEVELOPMENT STANDARDS
PB
SDR-68652 [PRJ-68650]
Staff Report Page Seven
March 14, 2017 - Planning Commission Meeting
PB
SDR-68652 [PRJ-68650]
Staff Report Page Eight
March 14, 2017 - Planning Commission Meeting
Projects located within the Las Vegas Downtown Centennial Plan area are not subject to the
automatic application of parking requirements or loading spaces. However, the above table
should be used to illustrate the requirements of an analogous project in another location in
the City.
Waivers
Requirement Request Staff Recommendation
Streetscape without
Streetscape to include
ornamental fence,
ornamental fence, 5-foot
five-foot wide
wide amenity zone and 10- Denial
sidewalk and a 15
foot wide sidewalk on
foot wide landscape
Western Avenue frontage
buffer
Loading area on the
Loading areas not on western faade of the
Denial
frontage building facing
Western Avenue
PB
SDR-68652
SDR-68652
SDR-68652
SDR-68652
A::b7
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SDR-68652 - REVISED
SDR-68652
SDR-68652
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SDR-68652 - REVISED
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SDR-68652 - REVISED
SDR-68652
SDR-68652
SDR-68652 [PRJ-68650] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: REFRIGERATION
SUPPLIES DISTRIBUTOR
1901 AND 1907 WESTERN AVENUE
02/02/17
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SDR-68652
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Agenda Item No.: 43.
SUBJECT:
ABEYANCE - TXT-68323 - TEXT AMENDMENT - PUBLIC HEARING -
APPLICANT/OWNER: CITY OF LAS VEGAS - For possible action on a request to remove all
references to the Montecito Town Center Development Agreement, which expires on April 7,
2017, to amend the Town Center Development Standards Manual to incorporate the standards of
the area covered by the Development Agreement as a Town Center Land Use District and to
provide for other related matters. Staff recommends APPROVAL.
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Proposed Amendments and Staff Report
2. Centennial Hills Timberlake Buffer Map
TXT-68323
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
APPROVALS 0
PROTESTS 0
LM
TXT-68323
Proposed Amendments Page One
March 14, 2017 - Planning Commission Meeting
** PROPOSED AMENDMENT(S) **
1. Section A.4 of the Town Center Development Standards Manual is hereby amended
to read as follows:
Any request by or on behalf of the property owner, or any proposal by the City, to
modify a land use district as depicted on Map 4 Town Center Land Use, shall be filed
with the Department in accordance with the procedures and standards applicable to a
rezoning application as set forth in LVMC 19.16.090. The MC-TC (Montecito) land
use designation shall be limited to the Montecito boundaries as defined on Map Four
(Town Center Land Use). The boundaries of the MC-TC (Montecito-Town Center)
district shall not be expanded, and requests to modify a land use district to MC-TC
(Montecito) outside the established boundaries are not permitted.
2. Section A.5 of the Town Center Development Standards Manual is hereby amended
by adding the following entry in the appropriate location:
L. Montecito (MC-TC):
3. Section A.5 of the Manual is amended by removing Section A.5.6 and its content.
This chapter indicates which uses are permitted in each of the eleven (11) twelve (12)
Land Use Districts. The Permitted Uses Matrix (Table 1) identifies those uses which
are permitted by right, conditionally permitted and those which require approval by
Special Use Permit.
LM
TXT-68323
Proposed Amendments Page Two
March 14, 2017 - Planning Commission Meeting
Certain uses may be permitted in the designated Land Use district only after
obtaining a Special Use Permit in accordance with LVMC 19.16.110 and compliance
with specific conditions. These conditions are listed following the Permitted Use
Matrix in Section B.4 of these standards, labeled Special Use Permits.
Uses within the Montecito (MC-TC) land use district are exempt from the conditions
set forth in this Chapter. However, the Las Vegas City Council may consider that
certain conditions shall be met as part of its deliberation and approval of any
requests.
6. The Permitted Uses Table 1, as found at the end of Section B.2 of the Town Center
Development Standards Manual, is hereby amended by inserting a new column for
the MC-TC district, showing the land use treatment within that district of the various
uses identified in the Town Center Development Standards Manual. The entries for
the new column for the MC-TC district (MC, as referred to in the table), are indicated
by underlining.
USES MC
Animal Hospital, Clinic or Shelter (with no
Outside Pens)
S
LM
TXT-68323
Proposed Amendments Page Three
March 14, 2017 - Planning Commission Meeting
Church/House of Worship P
College, University or Seminary P
Commercial Recreation/Amusement (Indoor) P
Commercial Recreation/Amusement (Outdoor) P
Community Recreational Facility, Public P
Convalescent Care Facility/Nursing Home S
Convenience Store (with Fuel Pumps) S
Copy Center P
Country Club, Private
Crematory
Helipad P
LM
TXT-68323
Proposed Amendments Page Four
March 14, 2017 - Planning Commission Meeting
Massage Establishment
Massage, Accessory
Mini-Storage Facility S
Mortuary or Funeral Chapel P
Motor Vehicle Sales (New)
LM
TXT-68323
Proposed Amendments Page Five
March 14, 2017 - Planning Commission Meeting
Pet Boarding P
Pet Shop P
Post Office, Local Service P
Private Club, Lodge or Fraternal Organization P
Private Sports Arena, Stadium or Track P
Private Street
Rental Store P
Restaurant P
Secondhand Dealer S
Service Station S
Shopping Center P
LM
TXT-68323
Proposed Amendments Page Six
March 14, 2017 - Planning Commission Meeting
Solar Panel P
Swap Meet S
Thrift Store
Trade Schools P
Truck Rental
Wedding Chapel
7. The Permitted Uses Table 1, as found at the end of Section B.2 of the Town
Center Development Standards Manual, is hereby amended by adding, in the
appropriate location, entries for two additional uses, and a footnote below Table 1
Permitted Uses related to such uses, as follows:
USES GC SC UC SX MS L ML MLA M PF EC MC
Banquet P
1
Facility
Pawn S
1
Shop
LM
TXT-68323
Proposed Amendments Page Seven
March 14, 2017 - Planning Commission Meeting
USES GC SC UC SX MS L ML MLA M PF EC
MC
Facility to
Provide for
Testing,
Treatment
S
or
Counseling
for Drug or
Alcohol
1
Abuse
1. The Banquet Facility, Pawn Shop, and Facility to Provide for Testing,
Treatment or Counseling for Drug or Alcohol Abuse uses are only allowed within
the Montecito (MC-TC) Land Use, as they have previously been introduced only
for the Montecito area through the Montecito Town Center Development
Agreement.
6) Uses within the Montecito (MC-TC) land use district are exempt from the
requirements and conditions set forth in this Section. However, the Las Vegas City
Council may consider that certain conditions shall be met as part of its deliberation
and approval of any requests.
7) Because of its unique urban nature, within the Montecito (MC-TC) land use
district no specific spacing requirements will be mandated between establishments
that have on or off premise alcohol sales and/or restricted gaming, and no special
use permits for separation between these establishments will be necessary.
However, the Las Vegas City Council may consider the concentration and spacing
of such uses as part of its deliberation and approval of any requests for such
establishments.
LM
TXT-68323
Proposed Amendments Page Eight
March 14, 2017 - Planning Commission Meeting
f. Montecito (MC-TC)
Development within this land use designation will typically be multi-storied, having
ground floor offices and/or retail with similar or residential uses utilizing the upper
floors, and a medium-high building mass. Developments in excess of twelve (12)
stories are possible with a Special Use Permit (SUP), not to exceed fifteen (15)
stories or one-hundred and fifty (150) feet in height, whichever is less. Within the
MC-TC District, there are no density limitations, and the provisions of LVMC
Chapters 19.06 and 19.08 shall not apply. The Montecito (MC-TC) land use
designation shall be limited to the Montecito Town Center boundaries as defined
on Map Four (Town Center Land Use), and any requests to modify a land use
district to MC-TC (Montecito) outside the established boundaries is not permitted.
10. Section C.1.C of the Town Center Development Standards Manual is hereby
amended by amending the Commercial Development Standards - Table 2
appearing therein to add a new column pertaining to the MC-TC (Montecito)
district, indicating the standards applicable to that district. The new column, to be
incorporated into Table 2, is shown below, with new material indicated by
underlining and the MC-TC district being shown as MC:
Standard MC
Height (# of stories) 3
Min. Front Yard Setback 0
Min. Side Yard Setback 10
Min. Corner Side Yard Setback 15
Min. Rear Yard Setback 20
Min. Lot Width NA
Max. Lot Coverage 60%
11. Section C.1.C of the Town Center Development Standards Manual is hereby
amended by adding thereto the following entry in the appropriate location:
The Timberlake Buffer Area is intended for buffering the Timberlake Community
from more intensive land uses and will minimize livability conflicts. It consists of
the following elements:
LM
TXT-68323
Proposed Amendments Page Nine
March 14, 2017 - Planning Commission Meeting
b. A 230-foot wide area beyond the 100-foot buffer area where only single story
office and low intensity retail uses will be permitted. In addition, careful site
planning and design considerations will be taken within this 230-foot wide area
to reduce potential negative impacts on the Timberlake Community. Issues
such as vehicular access and congestion, signs and visual clutter, architectural
design and lighting will be addressed in every proposed site plan.
12. Section C.2.B.11 of the Town Center Development Standards Manual is hereby
amended to read as follows:
11. The 20 percent open space requirement in LVMC 19.10.060 shall be applied
to the GC-TC, SC-TC, UC-TC, SX-TC, MS-TC, and EC-TC, and MC-TC districts
of Town Center.
13. Section F.2.B of the Town Center Development Standards Manual is hereby
amended by amending the section heading and introductory paragraph to read as
follows:
B. Signs In Urban Center Mixed Use (UC-TC), Suburban Mixed Use (SX-TC), and
Main Street Mixed Use (MS-TC) and Montecito (MC-TC)
The following standards are applicable to those areas of the Centennial Hills Town
Center designated on the adopted Land Use Plan as Urban Center Mixed Use (UC-TC),
Suburban Mixed Use (SX-TC), and Main Street Mixed Use (MS-TC) and Montecito
(MC-TC). Any sign proposed within this district that is not expressly permitted by the
sign provisions of these standards is prohibited.
14. The Figures Section of the Town Center Development Standards Manual is hereby
amended by adding thereto Figure 38 Timberlake Buffer Area, as shown in Exhibit 1.
LM
TXT-68323
Staff Report Page One
March 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This Text Amendment to the Town Center Development Standards Manual removes all
references to the expiring Montecito Town Center Development Agreement, and
introduces a new Town Center Land Use District, the Montecito (MC-TC) Land Use, to
regulate development previously allowed under the Montecito Development Agreement
regulatory framework.
ANALYSIS
In April 2002, the City Council adopted the Montecito Town Center Development
Agreement, an agreement between the City of Las Vegas and Montecito Town Center
LLC. The agreement identifies development and responsibilities within Montecito Town
Center. The agreement established the Montecito Town Center Land Use and Design
Standards Appendix to govern all development within Montecito Town Center.
Approximately 202 acres of land within the Town Center plan area are currently
designated as Main Street Mixed-Use (MS-TC) and Urban Center Mixed-Use (UC-TC),
and regulated by the Montecito Mixed Use Commercial Overlay, instated by the
Montecito Town Center Development Agreement and depicted in Map 4 (Town Center
Land Use) of the Town Center Development Standards Manual. Per the provisions
identified in Section 12.1 of the Montecito Town Center Development Agreement, the
agreement will expire on April 10th 2017. In order to maintain the current rights of
property owners and ensure desired future development for the area, this proposed
amendment will create a Montecito (MC-TC) Land Use District within the Town Center
Plan area to provide the regulatory framework that is meant to effectively replace the
expiring Montecito Town Center Development Agreement.
The amendment will remove all references to the Montecito Town Center Development
Agreement, simplify the reference to guidelines and standards applicable to the
Montecito area by utilizing the format and updated language that is currently valid for all
the other land use districts present in the Town Center Plan area, consolidate all
regulations pertaining to the Town Center Plan area within one single document, and
maintain the Timberlake buffer area to ensure continued protection for residents
adjacent to commercially designated parcels.
After considering several alternatives, Staff recommends this amendment to the Town
Center Development Standards Manual for the following reasons:
LM
TXT-68323
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
1. The new Montecito (MC-TC) Land Use has been crafted on the basis of the
regulation, standards, and guidelines set forth in the Montecito Development
Agreement, thus reflects the vision that was initially put forth for the Plan area
2. The amendment updates many definitions and permitted uses that are
referenced in the Montecito Town Center Development Agreement, yet have
become outdated over time
3. Many of the specific standards and regulations set forth in the Montecito
Town Center Development Agreement, such as the sections concerning
signage, parking, setbacks, streets, streetscapes, lighting, sidewalk hierarchy,
walls, and screens, already exist in the Town Center Development Standards
Manual
4. The incorporation of the area defined as Montecito Mixed-Use Commercial
Overlay as a Land Use designation will standardize it with all other Land Use
districts existing in Town Center, and simplifies the Plan area regulatory
framework by reducing the number of separate sources.
5. The amount of undeveloped parcels is relatively low, with approximately 146
acres (73%) that have already been developed and approximately 56 (27%)
undeveloped acres.
FINDINGS (TXT-68323)
The proposed text amendment is intended to create a Montecito (MC-TC) Land Use
District within the Town Center Plan area to replace the expiring Montecito
Development Agreement. The proposed Montecito (MC-TC) Land Use incorporates the
uses and standards contained in the Montecito Town Center Development Agreement,
which have been adapted to the Town Center Development Standards Manual format.
The Timberlake buffer area has been maintained to ensure continued protections for
residents adjacent to commercially designated parcels. This amendment preserves the
current rights of property owners while offering continued protection to adjacent
residential development. Staff recommends approval of the request.
LM
TXT-68323
Staff Report Page Three
March 14, 2017 - Planning Commission Meeting
BACKGROUND INFORMATION
LM
Aztec Basin Ave
Sk
y CENTENNIAL HILLS
Po
i Timberlakes Buffer
Colfax Crest St
nt
e
D Baldy Mountain Ave
r
W Deer Springs Way
Timberlakes 100 FT Buffer
Zelkova Ct Sequoia Grove Ave Timberlakes 230 FT Buffer
N
US
S
95
Quarentina Ave
US
Fawn Brook Ct
95
Petaluma Canyon St
Bluebell Garden St
Moreno Valley St
Viansa Loma Ave
Antler Pines Ct
Os
o
Biltmore Garden St
Ct B
la
Nerte ra
Deer Hollow St
Rd
Old Westbury Ct
Rothmannia Ct Fawn Heather Ct
Alpine Winter Ct
Alpine Autumn Ct
Columbia Falls Ct
N CC
2 15 SOURCE: City of Las Vegas, Planning and Development Department
S CC 2
15
CC 215
GIS maps are normally produced
only to meet the needs of the City.
Due to continuous development activity
this map is for reference only.
Geographic Information System
Planning & Development Dept.
702-229-6301
SUBJECT:
TXT-69157 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For possible action on a request to amend LVMC 19.12 and 19.18 related to the
Night Club use, and to provide for other related matters. Staff has NO RECOMMENDATION.
RECOMMENDATION:
Staff has NO RECOMMENDATION
BACKUP DOCUMENTATION:
1. Proposed Amendments and Staff Report
TXT-69157
** STAFF RECOMMENDATION(S) **
** NOTIFICATION **
APPROVALS 0
PROTESTS 0
SG
TXT-69157
Proposed Amendments Page One
March 14, 2017 - Planning Commission Meeting
** PROPOSED AMENDMENTS **
Additional
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R-D
R-1
R-SL
R-CL
R-TH
R-2
R-3
R-4
R-MH
P-O
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C-1
C-2
C-PB
C-M
M
Information
S S
Night Club S S S S page 366
C C
2. Title 19.12.070 is hereby amended by amending the description for the Night
Club use as follows:
Description:
An indoor or outdoor drinking, dancing, or entertainment establishment that
does its primary business after dark, has a dance floor or open area free of
tables and chairs that would allow dancing or assembly occupancies, and
sound equipment to allow live or recorded music played for the purpose of
dancing (whether or not dancing actually occurs). Onsite consumption of
alcoholic beverages is typical, but not universal, and a bar area may or may not
be present. A fee for admittance is often but not always, required. A promotor
may be contracted to provide entertainment. The sale of prepared food, if any
is accessory to the primary use. This term does not include an erotic dance
establishment as licensed under LVMC 6.35 or an establishment that qualifies
as a Teen Dance Center.
SG
TXT-69157
Proposed Amendment Page Two
March 14, 2017 - Planning Commission Meeting
B. For purposes of this description, live entertainment includes live music (with
or without dancing), recorded or digital music played for patrons by a live
disc jockey or electronic device, or karaoke entertainment or other stage
shows, such as a magician, comedian other similar type of performance
artist.
SG
TXT-69157
Proposed Amendment Page Three
March 14, 2017 - Planning Commission Meeting
SG
TXT-69157
Proposed Amendment Page Four
March 14, 2017 - Planning Commission Meeting
SG
TXT-69157
Proposed Amendment Page Five
March 14, 2017 - Planning Commission Meeting
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 nightclub 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 nightclub will be located;
C. All parking spaces required by this Section 19.12.070 for the
nightclub 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.
5. 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.
6. The distance separation requirement set forth in Requirement 1 may be
waived in accordance with the provisions of LVMC 19.12.050(C) under the
following circumstances:
a. in connection with a proposed nightclub that 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, the Fremont
East Entertainment District, the 18b Arts District or the Downtown Casino
Overlay District; or
b. in connection with a proposed nightclub that will be located within an
establishment which has a non-restricted gaming license and is not
exempted pursuant to paragraph 5;
7. The use shall conform to, and is subject to, the provisions of LVMC Chapter
6.50;
*8. No nightclub night club may be located within 500 feet of any single-family
dwelling unless:
a. The parcel on which the nightclub night club will be located is adjacent to
Las Vegas Boulevard between Charleston Boulevard and Fremont
Street;
b. The parcel has a minimum net site area of 0.25 acres; and
c. The nightclub night club use will be located within a building that has a
minimum of 5,000 square feet of gross floor area dedicated to the use.
SG
TXT-69157
Proposed Amendment Page Six
March 14, 2017 - Planning Commission Meeting
3. Title 19.18.020 is hereby amended by amending the definition for the Night
Club use as follows:
Description:
An indoor or outdoor drinking, dancing, or entertainment establishment that
does its primary business after dark, has a dance floor or open area free of
tables and chairs that would allow dancing or assembly occupancies, and
sound equipment to allow live or recorded music played for the purpose of
dancing (whether or not dancing actually occurs). Onsite consumption of
alcoholic beverages is typical, but not universal, and a bar area may or may not
be present. A fee for admittance is often but not always, required. A promotor
may be contracted to provide entertainment. The sale of prepared food, if any
is accessory to the primary use. This term does not include an erotic dance
establishment as licensed under LVMC 6.35 or an establishment that qualifies
as a Teen Dance Center.
SG
TXT-69157
Proposed Amendment Page Seven
March 14, 2017 - Planning Commission Meeting
2. Its primary operating hours are generally between the hours of nine p.m.
and five a.m. the following day, or afterhours between four a.m. and 10
a.m on the same day.
B. For purposes of this description, live entertainment includes live music (with
or without dancing), recorded or digital music played for patrons by a live
disc jockey or electronic device, or karaoke entertainment or other stage
shows, such as a magician, comedian other similar type of performance
artist.
SG
TXT-69157
Staff Report Page One
March 14, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request to amend LVMC Title 19.12.010 Table 2, 19.12.070 and 19.18.020 for
the Night Club use.
ANALYSIS
This amendment would redefine the Night Club use to eliminate the minimum space and
hours of operation requirements used to determine whether an establishment is a night
club or not. These are being eliminated as they have presented issues with licensing and
enforcement regarding establishments that have met the bare minimums to be a night
club, but are not truly operated as night clubs. For instance, a tavern that hosts karaoke
on weekends may meet the current definition of a night club because of their hours of
operation and the fact that the disc jockey and karaoke singer(s) occupied 50 square feet
of floor space.
In addition to redefining the use, this amendment would allow a night club to be
established as a conditional use in the CM (Commercial-Industrial) and M (Industrial)
zoning districts as long as the use met all distance separation requirements. These zoning
districts contain the most intense commercial uses allowed in Title 19, and allowing night
clubs under specific conditions will not adversely affect the surrounding adjacent uses.
This amendment also provides for certain exemptions to the distance separation
requirement from a single family residence. These include a non-restricted gaming
establishment/resort hotel containing 200 or more guest rooms and night clubs that are
located within either the Pedestrian Mall (i.e. Fremont Street Experience) or the Downtown
Entertainment Overlay District (i.e. Fremont East District). non-restricted gaming
establishments/resort hotels with 200 or more guest rooms can mitigate the secondary
negative effects of a night club, such as queuing lines, noise and unruly behavior, by
containing them within the larger establishment. This exemption is in line with similar
requirements for a Liquor Establishment, Tavern use. Both the Pedestrian Mall and the
Downtown Entertainment Overlay District are intended to be hubs for entertainment
venues, including night clubs.
Finally, the General On-Sale license has been added as an allowable business license
type in conjunction with a night club establishment. Adding the General On-Sale license
would allow a night club to be established within a larger entertainment venue, such as a
stadium or amusement park.
SG
TXT-69157
Staff Report Page Two
March 14, 2017 - Planning Commission Meeting
FINDINGS
1. Redefine the Night Club use to remove the 50 square-foot area threshold, and to
remove specific hours of operation;
2. Make the Night Club use conditional in the C-M and M districts, subject to
residential distance separation;
3. Add provisions to exempt night clubs from residential separation requirements if
located within: a non-restricted gaming establishment in conjunction with a hotel
having 200 or more rooms or a resort hotel having 200 or more rooms; the
Pedestrian Mall; and the Downtown Entertainment Overlay District; and
4. Add General On-Sale as an allowable business license type.
SG
Agenda Item No.: 45.
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