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PLANNING COMMISSION AGENDA

COUNCIL CHAMBERS 495 SOUTH MAIN STREET PHONE 229-6011


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

LAS VEGAS CITY COUNCIL COMMISSIONERS

Mayor Carolyn G. Goodman, (At-Large) Trinity Haven Schlottman, Chair


Mayor Pro-Tem Lois Tarkanian, (Ward 1) Sam Cherry, Vice Chair
Councilman Ricki Y. Barlow (Ward 5) Vicki Quinn
Councilman Stavros S. Anthony, (Ward 4) Cedric Crear
Councilman Bob Coffin, (Ward 3) Donna Toussaint
Councilman Steven G. Seroka, (Ward 2) Christina E. Roush
Councilwoman Michele Fiore, (Ward 6) Louis De Salvio
City Manager Scott D. Adams

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.

October 10, 2017


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

NOTICE: This meeting has been properly noticed and posted at the following locations:

City Hall, 495 South Main Street, 1st Floor


Clark County Government Center, 500 South Grand Central Parkway
Grant Sawyer Building, 555 East Washington Avenue
City of Las Vegas Development Services Center, 333 North Rancho Drive

ACTIONS: ALL ACTIONS EXCEPT GENERAL PLAN AMENDMENTS, REZONINGS AND RELATED CASES
THERETO ARE FINAL UNLESS AN APPEAL IS FILED BY THE APPLICANT OR AN
AGGRIEVED PERSON, OR A REVIEW IS REQUESTED BY A MEMBER OF THE CITY
COUNCIL WITHIN TEN DAYS AND PAYMENT OF THOSE COSTS SHALL BE MADE UPON
FILING OF THE APPLICATION.

ANY ITEM LISTED IN THIS AGENDA MAY BE TAKEN OUT OF ORDER IF SO REQUESTED
BY THE APPLICANT, STAFF, OR A MEMBER OF THE PLANNING COMMISSION AND
AGREED TO BY THE PLANNING COMMISSION. THE PLANNING COMMISSION MAY
IMPOSE TIME LIMITATIONS, AS NECESSARY, ON THOSE PERSONS WISHING TO BE
HEARD ON ANY AGENDAED ITEM.
Planning Commission October 10, 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

2. ANNOUNCEMENT: COMPLIANCE WITH OPEN MEETING LAW

3. ROLL CALL

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

5. FOR POSSIBLE ACTION TO APPROVE THE FINAL MINUTES FOR THE PLANNING COMMISSION MEETING
OF SEPTEMBER 12, 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.

Planning Commission October 10, 2017 - Page 2


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

7. ABEYANCE - SUP-71318 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: GOLDEN MARKET
- OWNER: 2425 ARVILLE, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED 3,126
SQUARE-FOOT BEER/WINE/COOLER OFF-SALE ESTABLISHMENT USE WITH A WAIVER TO ALLOW A 370-
FOOT DISTANCE SEPARATION FROM A CHURCH/HOUSE OF WORSHIP WHERE 400 FEET IS REQUIRED at
2520 Arville Street (APN 162-07-101-014), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ-71152]. Staff
recommends APPROVAL.

8. TMP-71533 - TENTATIVE MAP - RENAISSANCE - LOT 1 (A COMMERCIAL SUBDIVISION) -


APPLICANT/OWNER: RA SOUTHEAST LAND COMPANY, LLC - For possible action on a request for a Tentative
Map FOR A ONE-LOT COMMERCIAL SUBDIVISION on 7.80 acres at the southeast corner of Alta Drive and Rampart
Boulevard (APN 138-32-312-013), PD (Planned Development) Zone, Ward 2 (Seroka) [PRJ-71472]. Staff recommends
APPROVAL.

9. GPA-71535 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT: RICHMOND AMERICAN


HOMES OF NEVADA, INC. - OWNER: VFR-SOUTHWEST DESERT EQUITIES, LLC - For possible action on a
request for a General Plan Amendment FROM: R (RURAL DENSITY RESIDENTIAL) TO: L (LOW DENSITY
RESIDENTIAL) on 16.95 acres on the north side of Centennial Parkway, approximately 990 feet east of Hualapai Way
(APNs 125-19-401-005, 006, 009, 010 and 011), Ward 6 (Fiore) [PRJ-71473]. Staff recommends APPROVAL.

10. ZON-71536 - REZONING RELATED TO GPA-71535 - PUBLIC HEARING - APPLICANT: RICHMOND


AMERICAN HOMES OF NEVADA, INC. - OWNER: VFR-SOUTHWEST DESERT EQUITIES, LLC - For
possible action on a request for a Rezoning FROM: U (UNDEVELOPED) [R (RURAL DENSITY RESIDENTIAL)
GENERAL PLAN DESIGNATION] TO: R-1 (SINGLE FAMILY RESIDENTIAL) on 16.95 acres on the north side of
Centennial Parkway, approximately 990 feet east of Hualapai Way (APNs 125-19-401-005, 006, 009, 010 and 011), Ward
6 (Fiore) [PRJ-71473]. Staff recommends APPROVAL.

11. WVR-71655 - WAIVER RELATED TO GPA-71535 AND ZON-71536 - PUBLIC HEARING - APPLICANT:
RICHMOND AMERICAN HOMES OF NEVADA, INC. - OWNER: VFR-SOUTHWEST DESERT EQUITIES,
LLC - For possible action on a request for a Waiver TO ALLOW A ZERO-FOOT PERIMETER LANDSCAPE BUFFER
ALONG THE NORTH PROPERTY LINE WHERE SIX FEET IS REQUIRED on 16.95 acres on the north side of
Centennial Parkway, approximately 990 feet east of Hualapai Way (APNs 125-19-401-005, 006, 009, 010 and 011), U
(Undeveloped) Zone [R (Rural Density Residential) General Plan Designation] [PROPOSED: R-1 (Single Family
Residential)], Ward 6 (Fiore) [PRJ-71473]. Staff recommends APPROVAL.

12. VAR-71537 - VARIANCE RELATED TO GPA-71535, ZON-71536 AND WVR-71655 - PUBLIC HEARING -
APPLICANT: RICHMOND AMERICAN HOMES OF NEVADA, INC. - OWNER: VFR-SOUTHWEST DESERT
EQUITIES, LLC - For possible action on a request for a Variance TO ALLOW A CONNECTIVITY RATIO OF 1.22
WHERE 1.30 IS REQUIRED on 16.95 acres on the north side of Centennial Parkway, approximately 990 feet east of
Hualapai Way (APNs 125-19-401-005, 006, 009, 010 and 011), U (Undeveloped) Zone [R (Rural Density Residential)
General Plan Designation] [PROPOSED: R-1 (Single Family Residential)], Ward 6 (Fiore) [PRJ-71473]. Staff
recommends APPROVAL.

13. VAC-71538 - VACATION RELATED TO GPA-71535, ZON-71536, WVR-71655 AND VAR-71537 - PUBLIC
HEARING - APPLICANT: RICHMOND AMERICAN HOMES OF NEVADA, INC. - OWNER: VFR-
SOUTHWEST DESERT EQUITIES, LLC - For possible action on a request for a Petition to Vacate portions of Darling
Road and Conquistador Street and U.S. Government Patent Easements generally located north of Centennial Parkway, east
of Hualapai Way, Ward 6 (Fiore) [PRJ-71473]. Staff recommends APPROVAL.

Planning Commission October 10, 2017 - Page 3


14. TMP-71539 - TENTATIVE MAP RELATED TO GPA-71535, ZON-71536, WVR-71655, VAR-71537 AND VAC-
71538 - CENTENNIAL HUALAPAI - PUBLIC HEARING - APPLICANT: RICHMOND AMERICAN HOMES
OF NEVADA, INC. - OWNER: VFR-SOUTHWEST DESERT EQUITIES, LLC - For possible action on a request
for a Tentative Map FOR A 69-LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION on 16.95 acres on the north side
of Centennial Parkway, approximately 990 feet east of Hualapai Way (APNs 125-19-401-005, 006, 009, 010 and 011), U
(Undeveloped) Zone [R (Rural Density Residential) General Plan Designation] [PROPOSED: R-1 (Single Family
Residential)], Ward 6 (Fiore) [PRJ-71473]. Staff recommends APPROVAL.

15. SCD-71492 - MAJOR DEVIATION - PUBLIC HEARING - APPLICANT/OWNER: HOTSPUR RESORTS


NEVADA, LTD. - For possible action on a request for a Major Deviation of the Summerlin Development Standards TO
ALLOW A PROPOSED ANIMATED FREESTANDING SIGN WHERE SUCH IS PROHIBITED on 39.93 acres at 221
North Rampart Boulevard (APN 138-29-401-011), P-C (Planned Community) Zone [VC (Village Center) Summerlin
Special Land Use Designation], Ward 2 (Seroka) [PRJ-71357]. Staff recommends APPROVAL.

16. VAR-71530 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: DORICK ENTERPRISES, INC. - For
possible action on a request for a Variance TO ALLOW AN EXISTING SIX-FOOT TALL CHAIN LINK FENCE
ALONG THE FRONT AND PERIMETER PROPERTY LINES WHERE A MAXIMUM HEIGHT OF FIVE FEET IS
ALLOWED IN THE FRONT SETBACK AREA on 0.39 acres at the northeast corner of Monte Cristo Way and Craig
Road (APN 138-03-201-005) U (Undeveloped) Zone, Ward 4 (Anthony) [PRJ-71501]. Staff recommends APPROVAL.

17. SUP-71104 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: NOTORIETY, LLC - OWNER:
FAEC HOLDINGS WIRRULLA, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED
54,750 SQUARE-FOOT TAVERN-LIMITED ESTABLISHMENT USE at 450 Fremont Street, Suite #370 (APN 139-34-
513-002), C-2 (General Commercial) Zone, Ward 5 (Barlow) [PRJ-70952]. Staff recommends APPROVAL.

18. SUP-71105 - SPECIAL USE PERMIT RELATED TO SUP-71104 - PUBLIC HEARING - APPLICANT:
NOTORIETY, LLC - OWNER: FAEC HOLDINGS WIRRULLA, LLC - For possible action on a request for a
Special Use Permit FOR A PROPOSED 54,750 SQUARE-FOOT NIGHT CLUB USE WITH WAIVERS TO ALLOW A
1,220-FOOT DISTANCE SEPARATION FROM A CHURCH AND A 1,340-FOOT DISTANCE SEPARATION FROM
A SCHOOL WHERE 1,500 FEET IS REQUIRED at 450 Fremont Street, Suite #370 (APN 139-34-513-002), C-2
(General Commercial) Zone, Ward 5 (Barlow) [PRJ-70952]. Staff recommends APPROVAL.

19. SUP-71540 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: ACRES MEDICAL, LLC -
OWNER: 2320 WESTERN, LLC - For possible action on a request for a Major Amendment to an approved Special Use
Permit (SUP-55187) FOR A PROPOSED 13,884 SQUARE-FOOT EXPANSION TO THE ORIGINALLY APPROVED
4,716 SQUARE-FOOT MARIJUANA DISPENSARY WITH A WAIVER TO ALLOW SIGNAGE WHICH EXCEEDS
THE ONE, 30 SQUARE-FOOT, TWO-FOOT TALL WALL SIGN ALLOWED at 2320 Western Avenue (APN 162-04-
404-003), M (Industrial) Zone, Ward 3 (Coffin) [PRJ-71377]. Staff recommends APPROVAL.

20. SUP-71541 - SPECIAL USE PERMIT RELATED TO SUP-71540 - PUBLIC HEARING - APPLICANT: ACRES
MEDICAL, LLC - OWNER: 2320 WESTERN, LLC - For possible action on a request for a Major Amendment to an
approved Special Use Permit (SUP-55190) FOR A PROPOSED 18,151 SQUARE-FOOT EXPANSION TO THE
ORIGINALLY APPROVED 449 SQUARE-FOOT MARIJUANA PRODUCTION FACILITY WITH A WAIVER TO
ALLOW SIGNAGE WHICH EXCEEDS THE ONE, 30 SQUARE-FOOT, TWO-FOOT TALL WALL SIGN
ALLOWED at 2320 Western Avenue (APN 162-04-404-003), M (Industrial) Zone, Ward 3 (Coffin) [PRJ-71377]. Staff
recommends APPROVAL.

21. SUP-71542 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: ACRES MEDICAL, LLC -
OWNER: GDC REALTY, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED 17,000
SQUARE-FOOT MARIJUANA CULTIVATION FACILITY USE at 2310 Western Avenue (APN 162-04-404-002), M
(Industrial) Zone, Ward 3 (Coffin) [PRJ-71450]. Staff recommends APPROVAL.

22. SUP-71235 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: OJAX, LLC - OWNER: SAHARA
3D, LLC - For possible action on a request for a Special Use Permit FOR A 4,945 SQUARE-FOOT RESTAURANT
WITH ALCOHOL USE at 4760 West Sahara Avenue, Suites #13 through #18 (APN 162-06-402-001), C-1 (Limited
Commercial) Zone, Ward 1 (Tarkanian) [PRJ-71201]. Staff recommends APPROVAL.

Planning Commission October 10, 2017 - Page 4


23. SUP-71397 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: HAMPTON RESTAURANT -
OWNER: GREAT WASH PARK, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED
4,573 SQUARE-FOOT RESTAURANT WITH ALCOHOL USE INCLUDING A 2,057 SQUARE FEET OF OUTDOOR
SEATING AREA WITH A WAIVER TO ALLOW A 141-FOOT DISTANCE SEPARATION FROM A CITY PARK
WHERE 400 FEET IS REQUIRED at 440 South Rampart Boulevard, Suite #180 (APN 138-32-615-001), C-2 (General
Commercial) Zone, Ward 2 (Seroka) [PRJ-71380]. Staff recommends APPROVAL.

24. SUP-71442 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: UNIVERSAL LAUNDRY -
OWNER: ADAR B ENTERPRISES, LLC AND LINCOLN CENTER PROPERTIES, LLC - For possible action on
a request for a Special Use Permit FOR AN ALTERNATIVE PARKING STANDARD TO ALLOW 129 PARKING
SPACES WHERE 178 PARKING SPACES ARE REQUIRED FOR A PROPOSED EXPANSION OF A CLEANERS,
COMMERCIAL/INDUSTRIAL USE at 240, 250 and 260 Spectrum Boulevard (APNs 139-36-710-020 and 021), M
(Industrial) Zone, Ward 3 (Coffin) [PRJ-71439]. Staff recommends APPROVAL.

25. SUP-71503 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: FLIPPIN GOOD BURGERS &
SHAKES - OWNER: FREMONT LV BLVD, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED 2,776 SQUARE-FOOT TAVERN-LIMITED ESTABLISHMENT USE WITH 240 SQUARE FEET OF
OUTDOOR SEATING at 505 Fremont Street (APNs 139-34-601-002), C-2 (General Commercial) Zone, Ward 3 (Coffin)
[PRJ-71445]. Staff recommends APPROVAL.

26. VAC-71475 - VACATION - PUBLIC HEARING - APPLICANT: PINNACLE HOMES - OWNER: BURBANK,
LLC - For possible action on a request for a Petition to Vacate City of Las Vegas Public Sewer Easements on portions of
APNs 138-05-801-065 and 066, generally located at the southwest corner of Hickam Avenue and Durango Drive, Clark
County [PRJ-71461]. Staff recommends APPROVAL.

27. VAC-71567 - VACATION - PUBLIC HEARING - APPLICANT/OWNER: RYLAND HOMES NEVADA, LLC -
For possible action on a request for a Petition to Vacate emergency vehicle easements located at the southeast corner of
Far Hills Avenue and Fox Hill Drive, Ward 2 (Seroka) [PRJ-71499]. Staff recommends APPROVAL.

PUBLIC HEARING ITEMS


28. ABEYANCE - GPA-69220 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT: VALLEY
BANK OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS - For possible action on a request for a General
Plan Amendment FROM: DR (DESERT RURAL DENSITY RESIDENTIAL) TO: R (RURAL DENSITY
RESIDENTIAL) on 11.95 acres at the northeast corner of Trails End Avenue and Homestead Road (APNs 125-05-503-
001 and 002), Ward 6 (Fiore) [PRJ-69151]. Staff recommends DENIAL.

29. ABEYANCE - ZON-69224 - REZONING RELATED TO GPA-69220 - PUBLIC HEARING - APPLICANT:


VALLEY BANK OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS - For possible action on a request for a
Rezoning FROM: R-E (RESIDENCE ESTATES) TO: R-D (SINGLE FAMILY RESIDENTIAL-RESTRICTED) on
11.95 acres at the northeast corner of Trails End Avenue and Homestead Road (APNs 125-05-503-001 and 002), Ward 6
(Fiore) [PRJ-69151]. Staff recommends DENIAL.

30. WVR-71516 - WAIVER RELATED TO GPA-69220 AND ZON-69224 - PUBLIC HEARING - APPLICANT:
VALLEY BANK OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS - For possible action on a request for a
Waiver TO ALLOW NO EXTERNAL STREETLIGHTS FOR A PROPOSED 20-LOT RESIDENTIAL SUBDIVISION
on 11.95 acres at the northeast corner of Trails End Avenue and Homestead Road (APNs 125-05-503-001 and 002), R-E
(Residence Estates) Zone [PROPOSED: R-D (Single Family Residential-Restricted)], Ward 6 (Fiore) [PRJ-69151]. Staff
recommends DENIAL.

31. WVR-71517 - WAIVER RELATED TO GPA-69220, ZON-69224 AND WVR-71516 - PUBLIC HEARING -
APPLICANT: VALLEY BANK OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS - For possible action on
a request for a Waiver TO ALLOW PRIVATE STREETS TO NOT BE DEVELOPED TO PUBLIC STREET
STANDARDS BEHIND A GATE on 11.95 acres at the northeast corner of Trails End Avenue and Homestead Road
(APNs 125-05-503-001 and 002), R-E (Residence Estates) Zone [PROPOSED: R-D (Single Family Residential-
Restricted)], Ward 6 (Fiore) [PRJ-69151]. Staff recommends DENIAL.

Planning Commission October 10, 2017 - Page 5


32. VAR-71518 - VARIANCE RELATED TO GPA-69220, ZON-69224, WVR-71516 AND WVR-71517 - PUBLIC
HEARING - APPLICANT: VALLEY BANK OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS - For
possible action on a request for a Variance TO ALLOW A 1.0 STREET CONNECTIVITY RATIO WHERE 1.3 IS
REQUIRED; NO AMENITY ZONES INCLUDING SIDEWALKS, AMENITY AREAS, OFF-SITE BUFFER STRIPS
AND ON-SITE PLANTING AREAS WHERE SUCH IS REQUIRED; AND NO CURBS OR GUTTERS WHERE
SUCH IS REQUIRED ALONG TRAILS END AVENUE, HOMESTEAD ROAD AND MOCCASIN ROAD; AND TO
ALLOW TRAILS END AVENUE TO BE 37 FEET IN WIDTH WHERE 47 FEET IS REQUIRED on 11.95 acres at the
northeast corner of Trails End Avenue and Homestead Road (APNs 125-05-503-001 and 002), R-E (Residence Estates)
Zone [PROPOSED: R-D (Single Family Residential-Restricted)], Ward 6 (Fiore) [PRJ-69151]. Staff recommends
DENIAL.

33. TMP-71519 - TENTATIVE MAP RELATED TO GPA-69220, ZON-69224, WVR-71516, WVR-71517, AND VAR-
71518 - MOCCASIN AND HOMESTEAD - PUBLIC HEARING - APPLICANT: VALLEY BANK OF NEVADA -
OWNER: BANK OF NORTH LAS VEGAS - For possible action on a request for a Tentative Map FOR A 20-LOT
SINGLE FAMILY RESIDENTIAL SUBDIVISION on 11.95 acres at the northeast corner of Trails End Avenue and
Homestead Road (APNs 125-05-503-001 and 002), R-E (Residence Estates) Zone [PROPOSED: R-D (Single Family
Residential-Restricted)], Ward 6 (Fiore) [PRJ-69151]. Staff recommends DENIAL.

34. ABEYANCE - GPA-69192 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER:


STEVE DIMOULAS - For possible action on a request for a General Plan Amendment FROM: DR (DESERT RURAL
DENSITY RESIDENTIAL) TO: SC (SERVICE COMMERCIAL) on 0.59 acres at 4801 Ricky Road (APN 138-12-710-
092), Ward 5 (Barlow) [PRJ-69087]. Staff recommends DENIAL.

35. ABEYANCE - ZON-69193 - REZONING RELATED TO GPA-69192 - PUBLIC HEARING -


APPLICANT/OWNER: STEVE DIMOULAS - For possible action on a request for a Rezoning FROM: R-E
(RESIDENCE ESTATES) TO: C-1 (LIMITED COMMERCIAL) on 0.59 acres at 4801 Ricky Road (APN 138-12-710-
092), Ward 5 (Barlow) [PRJ-69087]. Staff recommends DENIAL.

36. SDR-71490 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-69192 AND ZON-69193 - PUBLIC
HEARING - APPLICANT/OWNER: STEVE DIMOULAS - For possible action on a request for a Site Development
Plan Review FOR A PROPOSED 6,032 SQUARE-FOOT OFFICE BUILDING WITH A WAIVER TO ALLOW A 10-
FOOT LANDSCAPE BUFFER ALONG THE NORTH PROPERTY LINE WHERE 15 FEET IS REQUIRED on 0.59
acres at 4801 Ricky Road (APN 138-12-710-092), R-E (Residence Estates) Zone [PROPOSED: C-1 (Limited
Commercial)], Ward 5 (Barlow) [PRJ-69087]. Staff recommends DENIAL.

37. ABEYANCE - ZON-70762 - REZONING - PUBLIC HEARING - APPLICANT: RICHMOND AMERICAN


HOMES - OWNER: VFR-SOUTHWEST DESERT EQUITIES - For possible action on a request for a Rezoning
FROM: R-E (RESIDENCE ESTATES) TO: R-1 (SINGLE FAMILY RESIDENTIAL) on 5.24 acres located at the
northeast corner of Dorrell Lane and Hualapai Way (APN 125-19-101-003), Ward 6 (Fiore) [PRJ-70527]. Staff
recommends DENIAL.

38. ABEYANCE - WVR-70763 - WAIVER RELATED TO ZON-70762 - PUBLIC HEARING - APPLICANT:


RICHMOND AMERICAN HOMES - OWNER: VFR-SOUTHWEST DESERT EQUITIES - For possible action on
a request for a Waiver TO ALLOW A 208-FOOT AND A 214-FOOT STREET OFFSET WHERE 220 FEET IS
REQUIRED on 5.24 acres located at the northeast corner of Dorrell Lane and Hualapai Way (APN 125-19-101-003), R-E
(Residence Estates) Zone [PROPOSED: R-1 (Single Family Residential)], Ward 6 (Fiore) [PRJ-70527]. Staff
recommends DENIAL.

39. ABEYANCE - VAC-70765 - VACATION RELATED TO ZON-70762 AND WVR-70763 - PUBLIC HEARING -
APPLICANT: RICHMOND AMERICAN HOMES - OWNER: VFR-SOUTHWEST DESERT EQUITIES - For
possible action on a request for a Petition to Vacate U.S. Government Patent Easements on 5.24 acres located at the
northeast corner of Dorrell Lane and Hualapai Way (APN 125-19-101-003), R-E (Residence Estates) Zone [PROPOSED:
R-1 (Single Family Residential)], Ward 6 (Fiore) [PRJ-70527]. Staff recommends APPROVAL.

40. ABEYANCE - TMP-70766 - TENTATIVE MAP RELATED TO ZON-70762, WVR-70763, AND VAC-70765 -
CONNOR HILLS 3 - PUBLIC HEARING - APPLICANT: RICHMOND AMERICAN HOMES - OWNER: VFR-
SOUTHWEST DESERT EQUITIES - For possible action on a request for a Tentative Map FOR AN 18-LOT SINGLE-
FAMILY RESIDENTIAL SUBDIVISION on 5.24 acres located at the northeast corner of Dorrell Lane and Hualapai Way
(APN 125-19-101-003), R-E (Residence Estates) Zone [PROPOSED: R-1 (Single Family Residential)], Ward 6 (Fiore)
[PRJ-70527]. Staff recommends DENIAL.
Planning Commission October 10, 2017 - Page 6
41. ABEYANCE - VAR-71322 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: PLACIDO BUSTOS -
For possible action on a request for a Variance TO ALLOW AN EIGHT-FOOT FRONT YARD SETBACK WHERE 20
FEET IS REQUIRED FOR AN EXISTING ONE-STORY FRONT PORCH/CARPORT ADDITION at 5708 Heron
Avenue (APN 138-36-315-016), R-1 (Single Family Residential) Zone, Ward 1 (Tarkanian) [PRJ-71193]. Staff
recommends DENIAL.

42. ABEYANCE - SUP-71214 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: ALON
ELIAS - For possible action on a request for a Special Use Permit FOR A PROPOSED SHORT-TERM RESIDENTIAL
RENTAL USE WITH A WAIVER TO ALLOW A 235-FOOT DISTANCE SEPARATION FROM A SIMILAR USE
WHERE 660 FEET IS REQUIRED at 4000 San Joaquin Avenue (APN 162-07-515-005), R-1 (Single Family Residential)
Zone, Ward 1 (Tarkanian) [PRJ-71151]. Staff recommends DENIAL.

43. GPA-71401 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: ALVERSON J


BRUCE TRUST, ET AL - For possible action on a request for a General Plan Amendment FROM: O (OFFICE) TO: SC
(SERVICE COMMERCIAL) on 2.20 acres located on the south side of Charleston Boulevard, approximately 160 feet
west of Tenaya Way (APN 163-03-101-014), Ward 1 (Tarkanian) [PRJ-71386]. Staff recommends DENIAL.

44. ZON-71402 - REZONING RELATED TO GPA-71401 - PUBLIC HEARING - APPLICANT/OWNER:


ALVERSON J BRUCE TRUST, ET AL - For possible action on a request for a Rezoning FROM: P-O
(PROFESSIONAL OFFICE) TO: C-1 (LIMITED COMMERCIAL) on 2.20 acres located on the south side of Charleston
Boulevard, approximately 160 feet west of Tenaya Way (APN 163-03-101-014), Ward 1 (Tarkanian) [PRJ-71386]. Staff
recommends DENIAL.

45. VAR-71404 - VARIANCE RELATED TO GPA-71401 AND ZON-71402 - PUBLIC HEARING -


APPLICANT/OWNER: ALVERSON J BRUCE TRUST, ET AL - For possible action on a request for a Variance TO
ALLOW 11 PARKING SPACES WHERE 15 ARE REQUIRED, AND TO ALLOW ALL AVAILABLE PARKING ON
THE EXTERIOR SIDE OF THE SECURITY FENCE WHERE SUCH IS NOT ALLOWED on 2.20 acres located on the
south side of Charleston Boulevard, approximately 160 feet west of Tenaya Way (APN 163-03-101-014), P-O
(Professional Office) Zone [PROPOSED: C-1 (Limited Commercial)], Ward 1 (Tarkanian) [PRJ-71386]. Staff
recommends DENIAL.

46. VAR-71405 - VARIANCE RELATED TO GPA-71401, ZON-71402 AND VAR-71404 - PUBLIC HEARING -
APPLICANT/OWNER: ALVERSON J BRUCE TRUST, ET AL - For possible action on a request for a Variance TO
ALLOW A ZERO-FOOT SIDE YARD SETBACK WHERE 10 FEET IS THE MINIMUM REQUIRED on 2.20 acres
located on the south side of Charleston Boulevard, approximately 160 feet west of Tenaya Way (APN 163-03-101-014),
P-O (Professional Office) Zone [PROPOSED: C-1 (Limited Commercial)], Ward 1 (Tarkanian) [PRJ-71386]. Staff
recommends DENIAL.

47. SUP-71403 - SPECIAL USE PERMIT RELATED TO GPA-71401, ZON-71402, VAR-71404 AND VAR-71405 -
PUBLIC HEARING - APPLICANT/OWNER: ALVERSON J BRUCE TRUST, ET AL - For possible action on a
request for a Special Use Permit FOR A MINI-STORAGE FACILITY USE on the south side of Charleston Boulevard,
approximately 160 feet west of Tenaya Way (APN 163-03-101-014), P-O (Professional Office) Zone [PROPOSED: C-1
(Limited Commercial)], Ward 1 (Tarkanian) [PRJ-71386]. Staff recommends DENIAL.

48. SDR-71406 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-71401, ZON-71402, VAR-71404,
VAR-71405 AND SUP-71403 - PUBLIC HEARING - APPLICANT/OWNER: ALVERSON J BRUCE TRUST, ET
AL - For possible action on a request for a Site Development Plan Review FOR A PROPOSED 477-UNIT MINI-
STORAGE FACILITY WITH A WAIVER TO ALLOW A ZERO-FOOT LANDSCAPE BUFFER ALONG A PORTION
OF THE EAST PROPERTY LINE WHERE EIGHT FEET IS REQUIRED on 2.20 acres located on the south side of
Charleston Boulevard, approximately 160 feet west of Tenaya Way (APN 163-03-101-014), P-O (Professional Office)
Zone [PROPOSED: C-1 (Limited Commercial)], Ward 1 (Tarkanian) [PRJ-71386]. Staff recommends DENIAL.

49. GPA-71428 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: FIRST


PRESBYTERIAN CHURCH LV NV - For possible action on a request for a General Plan Amendment FROM: O
(OFFICE) TO: SC (SERVICE COMMERCIAL) on 4.55 acres at the southwest corner of Martin L. King Boulevard and
Charleston Boulevard (APNs Multiple), Ward 1 (Tarkanian) [PRJ-71426]. Staff recommends DENIAL.

Planning Commission October 10, 2017 - Page 7


50. ZON-71429 - REZONING RELATED TO GPA-71428 - PUBLIC HEARING - APPLICANT/OWNER: FIRST
PRESBYTERIAN CHURCH - For possible action on a request for a Rezoning FROM: O (OFFICE) TO: C-1 (LIMITED
COMMERCIAL) on 3.62 acres at the southwest corner of Martin L. King Boulevard and Charleston Boulevard (APNs
Multiple), Ward 1 (Tarkanian) [PRJ-71426]. Staff recommends DENIAL.

51. SUP-71431 - SPECIAL USE PERMIT RELATED TO GPA-71428 AND ZON-71429- PUBLIC HEARING -
APPLICANT/OWNER: FIRST PRESBYTERIAN CHURCH - For possible action on a request for a Special Use
Permit FOR A 56-FOOT TALL, 14-FOOT BY 48-FOOT, 672 SQUARE-FOOT OFF-PREMISE SIGN USE at 1515 West
Charleston Boulevard (APN 162-04-510-004), O (Office) Zone [PROPOSED: C-1 (Limited Commercial)], Ward 1
(Tarkanian) [PRJ-71426]. Staff recommends DENIAL.

52. GPA-71525 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: MATLOCK


HOLDINGS IV, LLC - For possible action on a request for a General Plan Amendment FROM: R (RURAL DENSITY
RESIDENTIAL) TO: ML (MEDIUM LOW DENSITY RESIDENTIAL) on 2.49 acres at 5097 Roberta Lane (APN 138-
13-801-002), Ward 5 (Barlow) [PRJ-71479]. Staff recommends DENIAL.

53. ZON-71527 - REZONING RELATED TO GPA-71525 - PUBLIC HEARING - APPLICANT/OWNER:


MATLOCK HOLDINGS IV, LLC - For possible action on a request for a Rezoning FROM: U (UNDEVELOPED) [R
(RURAL DENSITY RESIDENTIAL) GENERAL PLAN DESIGNATION] TO: R-CL (SINGLE FAMILY COMPACT-
LOT) on 2.49 acres at 5097 Roberta Lane (APN 138-13-801-002), Ward 5 (Barlow) [PRJ-71479]. Staff recommends
DENIAL.

54. VAR-71607 - VARIANCE RELATED TO GPA-71525 AND ZON-71527 - ROBERTA & APRICOT
RESIDENTIAL SUBDIVISION - PUBLIC HEARING - APPLICANT/OWNER: MATLOCK HOLDINGS IV,
LLC - For possible action on a request for a Variance TO ALLOW A STUB STREET TERMINATION WHERE A CUL-
DE-SAC IS REQUIRED on 2.49 acres at 5097 Roberta Lane (APN 138-13-801-002), Ward 5 (Barlow) [PRJ-71479].
Staff recommends DENIAL.

55. TMP-71528 - TENTATIVE MAP RELATED TO GPA-71525, ZON-71527 AND VAR-71607 - ROBERTA &
APRICOT RESIDENTIAL SUBDIVISION - PUBLIC HEARING - APPLICANT/OWNER: MATLOCK
HOLDINGS IV, LLC - For possible action on a request for a Tentative Map FOR A PROPOSED 19-LOT SINGLE
FAMILY RESIDENTIAL SUBDIVISION on 2.49 acres at 5097 Roberta Lane (APN 138-13-801-002), Ward 5 (Barlow)
[PRJ-71479]. Staff recommends DENIAL.

56. GPA-71555 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: FOSTER DAY I,
LLC - For possible action on a request for a General Plan Amendment FROM: ML (MEDIUM LOW DENSITY
RESIDENTIAL) TO: SC (SERVICE COMMERCIAL) on 2.50 acres at the northwest corner of Cheyenne Avenue and
Dapple Gray Road (APN 138-08-401-013), Ward 4 (Anthony) [PRJ-71408]. Staff recommends APPROVAL.

57. ZON-71556 - REZONING RELATED TO GPA-71555 - PUBLIC HEARING - APPLICANT/OWNER: FOSTER


DAY I, LLC - For possible action on a request for a Rezoning FROM: U (UNDEVELOPED) [ML (MEDIUM LOW
DENSITY RESIDENTIAL) GENERAL PLAN DESIGNATION] TO: C-1 (LIMITED COMMERCIAL) on 2.50 acres at
the northwest corner of Cheyenne Avenue and Dapple Gray Road (APN 138-08-401-013), Ward 4 (Anthony) [PRJ-
71408]. Staff recommends APPROVAL.

58. SUP-71557 - SPECIAL USE PERMIT RELATED TO GPA-71555 AND ZON-71556 - PUBLIC HEARING -
APPLICANT/OWNER: FOSTER DAY I, LLC - For possible action on a request for a Special Use Permit FOR A
MINI-STORAGE FACILITY USE at the northwest corner of Cheyenne Avenue and Dapple Gray Road (APN 138-08-
401-013), U (Undeveloped) Zone [ML (Medium Low Density Residential) General Plan Designation] [PROPOSED: C-1
(Limited Commercial)], Ward 4 (Anthony) [PRJ-71408]. Staff recommends APPROVAL.

59. SDR-71559 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-71555, ZON-71556 AND SUP-71557 -
PUBLIC HEARING - APPLICANT/OWNER: FOSTER DAY I, LLC - For possible action on a request for a Site
Development Plan Review FOR A PROPOSED THREE STORY, 659-UNIT MINI-STORAGE FACILITY WITH A
WAIVER TO ALLOW THE BUILDING TO NOT BE ORIENTED TO THE CORNER AND STREET FRONTAGE
WHERE SUCH IS REQUIRED on 2.50 acres at the northwest corner of Cheyenne Avenue and Dapple Gray Road (APN
138-08-401-013), U (Undeveloped) Zone [ML (Medium Low Density Residential) General Plan Designation]
[PROPOSED: C-1 (Limited Commercial)], Ward 4 (Anthony) [PRJ-71408]. Staff recommends APPROVAL.

Planning Commission October 10, 2017 - Page 8


60. GPA-71561 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CHARLESTON
LAND, LLC - For possible action on a request for a General Plan Amendment FROM: O (OFFICE) TO: SC (SERVICE
COMMERCIAL) on 0.69 acres at the southwest corner of Charleston Boulevard and Westwood Drive (APN Multiple),
Ward 1 (Tarkanian) [PRJ-71491]. Staff recommends DENIAL.

61. ZON-71562 - REZONING RELATED TO GPA-71561 - PUBLIC HEARING - APPLICANT/OWNER:


CHARLESTON LAND, LLC - For possible action on a request for a Rezoning FROM: P-R (PROFESSIONAL OFFICE
AND PARKING) TO: C-1 (LIMITED COMMERCIAL) on 0.35 acres at the southwest corner of Charleston Boulevard
and Westwood Drive (APNs 162-04-110-016 and 162-04-111-001), Ward 1 (Tarkanian) [PRJ-71491]. Staff recommends
DENIAL.

62. GPA-71568 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: SHADOW


LAND, LLC - For possible action on a request for a General Plan Amendment FROM: O (OFFICE) TO: SC (SERVICE
COMMERCIAL) on 3.27 acres located at the southeast corner of Charleston Boulevard and Westwood Drive (APNs 162-
04-111-016 through 018 and 162-04-112-005), Ward 1 (Tarkanian) [PRJ-71531]. Staff recommends DENIAL.

63. ZON-71569 - ZONING RELATED TO GPA-71568 - PUBLIC HEARING - APPLICANT/OWNER: SHADOW


LAND, LLC - For possible action on a request for a Rezoning FROM: R-4 (HIGH DENSITY RESIDENTIAL), R-1
(SINGLE FAMILY RESIDENTIAL), AND R-E (RESIDENCE ESTATES) TO: C-1 (LIMITED COMMERCIAL) on
3.27 acres located at the southeast corner of Charleston Boulevard and Westwood Drive (APNs 162-04-111-016 through
018 and 162-04-112-005), Ward 1 (Tarkanian) [PRJ-71531]. Staff recommends DENIAL.

64. VAR-71548 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: STOCK HOUSE, LLC - For possible
action on a request for a Variance TO ALLOW A LOT SIZE OF 18,855 SQUARE FEET WHERE 20,000 SQUARE
FEET IS REQUIRED ON LOT 3 OF A PROPOSED FOUR-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION on
1.79 acres at the southeast corner of Whispering Sands Drive and Jones Boulevard (APN 125-13-201-001), R-E
(Residence Estates) Zone, Ward 6 (Fiore) [PRJ-71448]. Staff recommends APPROVAL.

65. VAR-71549 - VARIANCE RELATED TO VAR-71548 - PUBLIC HEARING - APPLICANT/OWNER: STOCK


HOUSE, LLC - For possible action on a request for a Variance TO ALLOW A LOT SIZE OF 18,854 SQUARE FEET
WHERE 20,000 SQUARE FEET IS REQUIRED ON LOT 4 OF A PROPOSED FOUR-LOT SINGLE-FAMILY
RESIDENTIAL SUBDIVISION on 1.79 acres at the southeast corner of Whispering Sands Drive and Jones Boulevard
(APN 125-13-201-001), R-E (Residence Estates) Zone, Ward 6 (Fiore) [PRJ-71448]. Staff recommends APPROVAL.

66. VAR-71504 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: GABRIEL CULP - For possible action
on a request for a Variance TO ALLOW A 10-FOOT TALL FENCE IN THE FRONT YARD SETBACK WHERE FIVE
FEET IS THE MAXIMUM ALLOWED AND TO ALLOW A 10-FOOT TALL SOLID WALL ALONG THE SIDE
AND REAR PROPERTY LINES WHERE EIGHT FEET IS ALLOWED on 0.50 acres at 1300 C Street (APN 139-27-
111-066), C-2 (General Commercial) Zone, Ward 5 (Barlow) [PRJ-71456]. Staff recommends DENIAL.

67. VAR-71520 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: CHARLESTON PLACE, LLC - For
possible action on a request for a Variance TO ALLOW 44 PARKING SPACES WHERE 60 SPACES ARE REQUIRED
on 0.97 acres at 3300 and 3312 West Charleston Boulevard (APN 139-32-402-007), C-D (Designed Commercial) Zone,
Ward 1 (Tarkanian) [PRJ-71342]. Staff recommends DENIAL.

68. VAR-71532 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: JAC LINDELL - For possible action on
a request for a Variance TO ALLOW A ZERO-FOOT REAR AND SIDE YARD SETBACK WHERE THREE FEET IS
REQUIRED; A TWO-FOOT SEPARATION FROM THE PRINCIPAL DWELLING WHERE SIX FEET IS
REQUIRED; A HEIGHT OF 14 FEET WHERE 11 FEET IS ALLOWED AND TO ALLOW THE STRUCTURE TO BE
1,080 SQUARE FEET WHERE 992 SQUARE FEET IS THE MAXIMUM ALLOWED FOR AN EXISTING
ACCESSORY STRUCTURE (CLASS II) [GARAGE] on 0.21 acres at 104 South Mallard Street (APN 138-36-115-032),
R-1 (Single Family Residential) Zone, Ward 1 (Tarkanian) [PRJ-71336]. Staff recommends DENIAL.

69. SUP-71552 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: DRAGON 7


HENDERSON PROPERTIES, LLC - For possible action on a request for a Special Use Permit FOR A
BEER/WINE/COOLER OFF-SALE ESTABLISHMENT USE at the southwest corner of Washington Avenue and Martin
L. King Boulevard (APN 139-28-313-001), C-1 (Limited Commercial) Zone, Ward 5 (Barlow) [PRJ-71460]. Staff
recommends APPROVAL.

Planning Commission October 10, 2017 - Page 9


70. SDR-71554 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-71552 - PUBLIC HEARING -
APPLICANT/OWNER: DRAGON 7 HENDERSON PROPERTIES, LLC - For possible action on a request for a Site
Development Plan Review FOR A PROPOSED 5,775 SQUARE-FOOT RETAIL DEVELOPMENT WITH A WAIVER
TO ALLOW THE BUILDING TO NOT BE ORIENTED TO THE CORNER AND STREET FRONTAGE WHERE
SUCH IS REQUIRED on 1.50 acres located at the southwest corner of Washington Avenue and Martin L. King
Boulevard (APN 139-28-313-001), C-1 (Limited Commercial) Zone, Ward 5 (Barlow) [PRJ-71460]. Staff recommends
APPROVAL.

71. SUP-71375 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: FRANK RAPER - OWNER: FLAG
CIRCLE PROPERTIES, LLC - For possible action on a request for a Special Use Permit FOR AN EXISTING SHORT-
TERM RESIDENTIAL RENTAL USE at 1509 Flag Circle (APN 162-06-214-007), R-1 (Single Family Residential)
Zone, Ward 1 (Tarkanian) [PRJ-71337]. Staff recommends APPROVAL.

72. SUP-71414 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: RACHEL A. HOPPER -
For possible action on a request for a Special Use Permit FOR A PROPOSED SHORT-TERM RESIDENTIAL RENTAL
USE at 821 Mar Jay Court (APN 139-30-711-088), R-1 (Single Family Residential) Zone, Ward 5 (Barlow) [PRJ-71356].
Staff recommends APPROVAL.

73. SUP-71424 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: THE VALLE FAMILY
TRUST - For possible action on a request for a Special Use Permit FOR A PROPOSED SHORT-TERM RESIDENTIAL
RENTAL USE at 150 North Las Vegas Boulevard, Unit 2105 (APN 139-34-613-216), C-2 (General Commercial) Zone,
Ward 3 (Coffin) [PRJ-71210]. Staff recommends APPROVAL.

74. SUP-71493 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: MICHAEL T.


CORNTHWAITE - For possible action on a request for a Special Use Permit FOR AN EXISTING SHORT-TERM
RESIDENTIAL RENTAL USE at 706 Bonita Avenue (APN 162-03-714-030), R-1 (Single Family Residential) Zone,
Ward 3 (Coffin) [PRJ-71399]. Staff recommends APPROVAL.

75. SUP-71497 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: PAMELA A. MAHER - For
possible action on a request for a Special Use Permit FOR A PROPOSED SHORT-TERM RESIDENTIAL RENTAL
USE at 718 Lacy Lane (APN 139-32-301-013), R-E (Residence Estates) Zone, Ward 1 (Tarkanian) [PRJ-71407]. Staff
recommends APPROVAL.

76. SUP-71498 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: FLORIDA MARK, LLC -
For possible action on a request for a Special Use Permit FOR A PROPOSED SHORT-TERM RESIDENTIAL RENTAL
USE at 2000 Fontana Avenue (APN 139-33-110-043), R-1 (Single Family Residential) Zone, Ward 5 (Barlow) [PRJ-
71208]. Staff recommends APPROVAL.

77. SDR-71507 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING - APPLICANT: KAMRAN
FOULADBAKHSH - OWNER: PROVIEW SERIES 32, LLC - For possible action on a request for a Site
Development Plan Review FOR PROPOSED FACADE IMPROVEMENTS AND 8,275 SQUARE-FOOT ADDITION
TO AN EXISTING 5,800 SQUARE-FOOT COMMERCIAL BUILDING WITH A 4,500 SQUARE-FOOT OUTDOOR
PATIO AREA on 0.48 acres located on the northeast corner of Imperial Avenue and Main Street (APN 162-03-105-008),
C-M (Commercial/Industrial) Zone, Ward 3 (Coffin) [PRJ-71398]. Staff recommends DENIAL.

DIRECTOR'S BUSINESS:
78. ABEYANCE - TXT-66412 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For possible action on a request to remove and replace the Downtown Centennial Plan with the Interim
Downtown Las Vegas Urban Form Standards and amend LVMC Title 19 as applicable, and to provide for other related
matters. Staff recommends APPROVAL.

79. TXT-71598 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS - For
possible action on a request to amend LVMC 19.12.010 to allow the Tattoo Parlor / Body Piercing Studio use in the C-1
zoning district with the approval of a Special Use Permit, and to provide for other related matters. Staff recommends
APPROVAL.

Planning Commission October 10, 2017 - Page 10


80. TXT-71636 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS - For
possible action on a request to amend LVMC Title 19.12 related to the Marijuana Cultivation Facility, Marijuana
Dispensary and Marijuana Production Facility uses, and to provide for other related matters. Staff recommends
APPROVAL.

81. TXT-71668 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS - For
possible action on a request to amend LVMC Title 19.18.020 and LVMC Title 6.50.020 related to the definition of a
Convenience Store, and to provide for other related matters. Staff recommends APPROVAL.

82. DIR-71649 - DIRECTOR'S BUSINESS - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS -
For possible action on a request to approve the 2018 Planning Commission Meeting Schedule. Staff recommends
APPROVAL.

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

Planning Commission October 10, 2017 - Page 11


Agenda Item No.: 1.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING

SUBJECT:
CALL TO ORDER
Agenda Item No.: 2.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING

SUBJECT:
ANNOUNCEMENT: COMPLIANCE WITH OPEN MEETING LAW
Agenda Item No.: 3.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING

SUBJECT:
ROLL CALL
Agenda Item No.: 4.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING

SUBJECT:
PUBLIC COMMENT DURING THIS PORTION OF THE AGENDA MUST BE LIMITED TO
MATTERS ON THE AGENDA FOR ACTION. IF YOU WISH TO BE HEARD, COME TO
THE PODIUM AND GIVE YOUR NAME FOR THE RECORD. THE AMOUNT OF
DISCUSSION, AS WELL AS THE AMOUNT OF TIME ANY SINGLE SPEAKER IS
ALLOWED, MAY BE LIMITED
Agenda Item No.: 5.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING

SUBJECT:
FOR POSSIBLE ACTION TO APPROVE THE FINAL MINUTES FOR THE PLANNING
COMMISSION MEETING OF SEPTEMBER 12, 2017.
Agenda Item No.: 6.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
FOR POSSIBLE ACTION - Any items from the Planning Commission, staff and/or the
applicant wish to be stricken or held in abeyance to a future meeting may be brought forward and
acted upon at this time.
Agenda Item No.: 7.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - SUP-71318 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT:
GOLDEN MARKET - OWNER: 2425 ARVILLE, LLC - For possible action on a request for a
Special Use Permit FOR A PROPOSED 3,126 SQUARE-FOOT BEER/WINE/COOLER OFF-
SALE ESTABLISHMENT USE WITH A WAIVER TO ALLOW A 370-FOOT DISTANCE
SEPARATION FROM A CHURCH/HOUSE OF WORSHIP WHERE 400 FEET IS
REQUIRED at 2520 Arville Street (APN 162-07-101-014), C-1 (Limited Commercial) Zone,
Ward 1 (Tarkanian) [PRJ-71152]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 4 Planning Commission Mtg. 3
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest/Support Postcards
7. Executed Condition Confirmation Documentation for the September 12, 2017 Planning
Commission Meeting
SUP-71318 [PRJ-71152]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: GOLDEN MARKET - OWNER: 2425 ARVILLE,
LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71318 Staff recommends APPROVAL, subject to conditions: N/A

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 23

NOTICES MAILED 944

PROTESTS 0

APPROVALS 1

RG
SUP-71318 [PRJ-71152]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71318 CONDITIONS

Planning

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


Beer/Wine/Cooler Off-Sale Establishment use.

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

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

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

5. 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.

RG
SUP-71318 [PRJ-71152]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to operate a Beer/Wine/Cooler Off-Sale Establishment use


within an existing commercial building located at 2520 Arville Street.

ISSUES

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


Commercial) zoning district with the approval of a Special Use Permit. Staff
supports this application.
A Waiver from Title 19.12 is required to allow a 370-foot distance separation from a
Church/House of Worship where 400 feet is required. Staff supports this waiver
request.
The existing building which is occupied by the Liquor Establishment (Tavern) use,
will converted into a convenience store with Beer/Wine/Cooler Off-Sale use.

ANALYSIS

The subject property contains 3,126 square-foot building occupied by an existing Liquor
Establishment (Tavern) use. The building is proposed to be converted into a
convenience store. The subject property is located in the C-1 (Limited Commercial)
zoning district and the proposed use is subject to Title 19.12 requirements.

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


Commercial) zoning district with the approval of a Special Use Permit. Additionally, the
following analysis is required:

The Beer/Wine/Cooler Off-Sale Establishment use is defined as, An establishment


whose license to sell alcoholic beverages is limited to the sale of beer, wine and coolers
to consumers only and not for resale, in original sealed or corked containers, for
consumption off the premises where business is conducted, and is operated in
connection with a grocery store, drugstore, convenience store, restaurant or general
retail store. Per the applicants justification letter, the existing tavern will be converted
into a retail convenience store with Beer/Wine/Cooler Off-Sale use.

The Minimum Special Use Permit Requirements for this use include:

RG
SUP-71318 [PRJ-71152]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

*1. Except as otherwise provided, no beer/wine/cooler off-sale establishment


(hereinafter establishment) shall be located within 400 feet of any
church/house of worship, school, individual care center licensed for more than
12 children, or City park.

The proposed use does not meet this requirement due to a 370-foot distance
separation from a Church/House of Worship use, a waiver request is part of this
application for a Special Use Permit. However, staff finds there is adequate
buffer between the uses and recommends approval.

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


in Requirement 1 shall be determined with reference to the shortest distance
between two property lines, one being the property line of the proposed
establishment which is closest to the existing use to which the measurement
pertains, and the other being the property line of that existing use which is
closest to the proposed establishment. The distance shall be measured in a
straight line without regard to intervening obstacles. For purposes of
measurement, the term property line refers to property lines of fee interest
parcels and does not include the property line of:

a. Any leasehold parcel; or


b. Any parcel which lacks access to a public street or has no area for on-site
parking and which has been created so as to avoid the distance limitation
described in Requirement 1.

The proposed use does not meet this requirement due to a 370-foot distance
separation from a Church/House of Worship use, a waiver request is part of this
application for a Special Use Permit. However, staff finds there is adequate
buffer between the uses and recommends approval.

*3. In the case of an establishment proposed to be located on a parcel of at least


80 acres in size, the minimum distances referred to in Requirement 1 shall be
measured in a straight line:

a. From the nearest property line of the existing use to the nearest portion of
the structure in which the establishment will be located, without regard to
intervening obstacles; or
b. In the case of a proposed establishment which will be located within a
shopping center or other multiple tenant structure, from the nearest property
line of the existing use to the nearest property line of a leasehold or
occupancy parcel in which the establishment will be located, without regard
to intervening obstacles.

RG
SUP-71318 [PRJ-71152]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

The requirement is not applicable because the parcel is less than 80 acres in
size.

*4. When considering a Special Use Permit application for an establishment which
also requires a waiver of the distance limitation in Requirement 1, the Planning
Commission shall take into consideration the distance policy and shall, as part
of its recommendation to the City Council, state whether the distance
requirement should be waived and the reasons in support of the decision.

The proposed Beer/Wine/Cooler Off-Sale Establishment use would be located


in a building that is currently a Liquor Establishment (Tavern) use. The tavern
will be converted to a convenience store, and the proposed Beer/Wine/Cooler
Off-Sale Establishment use is lntense. The Church/House of Worship use is
located on Sahara Avenue, a 100-foot right-of-way and the proposed use is
located at 2520 Arville Street; therefore, there is no direct access between the
uses.

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

a. An establishment which has a nonrestricted gaming license in connection


with a hotel having 200 or more guest rooms on or before July 1, 1992 or in
connection with a resort hotel having in excess of 200 guest rooms after July 1,
1992; or

b. A proposed establishment having more than 50,000 square feet of retail floor
space.

This requirement does not apply.

*6. All businesses which sell alcoholic beverages shall conform to the provisions of
LVMC Chapter 6.50.

The proposed use if licensed will be subject to compliance review for


inspections.

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


otherwise nonwaivable under the provisions of LVMC 19.12.050(C), may be
waived:

a. In accordance with the provisions of LVMC 19.12.050(C) for any


establishment which is proposed to be located on a parcel within the Downtown
Casino Overlay District;

RG
SUP-71318 [PRJ-71152]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

b. In accordance with the applicable provisions of the Town Center


Development Standards Manual for any establishment which is proposed to be
located within the T-C (Town Center) Zoning District and which is designated
MS- TC (Main Street Mixed Use) in the Town Center Land Use Plan;

c. In connection with a proposed establishment having between 20,000 square


feet and 50,000 square feet of retail floor space, if no more than 10 percent of
the retail floor space is regularly devoted to the display or merchandising of
alcoholic beverages; or

d. In connection with a retail establishment having less than 20,000 square feet
of retail floor space, if the area to be used for the sale, display or merchandising
of alcoholic beverages and each use to be protected are separated by a
highway or a right of way with a width of at least 100 feet.

The proposed use meets subsection (c) of this requirement as the proposed
convenience store space contains 3,126 square feet and no more than 10
percent of the retail floor space would be devoted to the display or
merchandising of alcoholic beverages. Staff finds there is adequate justification
for the waiver request of the distance separation.

8. No beer/wine/cooler off-sale establishment shall be permitted on or adjacent to


the Pedestrian Mall, as defined in LVMC Chapter 11.68.

This requirement does not apply as the site location is not adjacent to the
Pedestrian Mall.

The proposed Beer/Wine/Cooler Off-Sale Establishment use will be located within an


established commercial building which proposed to be converted into a convenience
store. The proposed use is less intense than the existing use and can be conducted in
a manner that is harmonious and compatible with existing surrounding land uses and
future surrounding land uses. There is a protected use (Church/House of Worship)
located within 400 feet of the subject property; however, there is adequate buffer
between the uses. Staff recommends approval of this request with conditions. If this
application is denied the proposed convenience store cannot sell beer and wine at this
location.

FINDINGS (SUP-71318)

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

RG
SUP-71318 [PRJ-71152]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

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


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

The proposed Beer/Wine/Cooler Off-Sale Establishment use can be conducted in


a manner that is harmonious and compatible with existing surrounding land uses,
and with future surrounding land uses as project by the General Plan. The
proposed use will be conducted in connection to a proposed convenience store.

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

The subject site is physically suitable for the type and intensity of the proposed
convenience store.

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


adequate in size to meet the requirements of the proposed use.

Arville Street is an existing 60-foot local street as defined by Title 13 and will be
adequate in size to meet the requirements of the proposed use.

4. Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.

Approval of the Special Use Permit will not compromise the public health, safety
and general welfare of the public. The use will be subject to regular inspections
and to licensing restrictions.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Beer/Wine/Cooler Off-Sale Establishment use complies with all


applicable conditions per Title 19.12.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The City Council approved a request for a General Plan Amendment
(GPA-43991) to establish Redevelopment Area 2 and change the
Future Land Use Designation on various parcels within the
04/18/12
Redevelopment Area to commercial or mixed use. The Planning
Commission and staff recommended approval. The subject site was
designated with Mixed Use General Plan Land Use Designation.

RG
SUP-71318 [PRJ-71152]
Staff Report Page Six
October 10, 2017 - Planning Commission Meeting

Related Relevant City Actions by Planning, Fire, Bldg., etc.


A Code Enforcement case (#181574) was initiated as a result of the
08/10/17 staffs site visit observed a boat and a car for sale at 2520 Arville
Street. The case was resolved on 08/24/17.
The Planning Commission voted (7-0) to hold SUP-71318 [PRJ-71152]
09/12/17
in abeyance to the October 10, 2017 Planning Commission meeting.

Most Recent Change of Ownership


06/29/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A business license (L16-00129) was issued for a tavern at 2520 Arville
Street. The license was marked out of business on 10/01/16.
01/01/51 A business license (G01-00658) was issued for a restricted gaming at
2520 Arville Street. The license was marked out of business on
10/01/16.
1969 The existing building located at 2520 Arville Street was constructed.
A business license (G62-09938) was issued for general retail sales at
12/17/14 2520 Arville Street. The license was marked out of business on
06/01/16.
A business license (L64-00111) was issued for tavern at 2520 Arville
Street. The license is currently active.
08/03/16
A business license (X64-00040) was issued for non-restricted gaming
at 2520 Arville Street. The license is currently active.

Pre-Application Meeting
Staff held a pre-application meeting with the applicant to discuss the
07/10/17
requirements and submittal checklist for a Special Use Permit.

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

Field Check
Staff completed a routine site visit, noting that a used car and boat was
08/03/17
on display on the parking lot.

RG
SUP-71318 [PRJ-71152]
Staff Report Page Seven
October 10, 2017 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres 0.26

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Liquor
Subject C-1 (Limited
Establishment MXU (Mixed Use)
Property Commercial)
(Tavern)
C-1 (Limited
North Restaurant MXU (Mixed Use)
Commercial)
C-1 (Limited
South Restaurant MXU (Mixed Use)
Commercial)
Single Family, L (Low Density R-1 (Single Family
East
Detached Residential) Residential)
C-1 (Limited
West Parking Lot MXU (Mixed Use)
Commercial)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
No Applicable Special Area or Overlay Districts N/A
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Y
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Arville Street Local Street Title 13 60 Y

RG
SUP-71318 [PRJ-71152]
Staff Report Page Eight
October 10, 2017 - Planning Commission Meeting

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Required Provided Compliance
Floor Parking Parking
Use Area or Parking
Handi- Handi-
Number Ratio Regular Regular
capped capped
of Units
1 SP/50 SF
of Public
Liquor -43
Seating
Establish
3,126 SF 1 SP/200
ment
SF
(Tavern) -4
remaining
area
General
Retail 3,126 SF 1/175 SF +18
Store
TOTAL SPACES REQUIRED 18 24 Y
Regular and Handicap Spaces Y
17 1 23 1
Required

Waivers
Requirement Request Staff Recommendation
To allow a 370-foot
A 400-foot minimum distance
distance separation
separation is required from a Approval
from a Church/House
Church/House of Worship.
of Worship.

RG
SUP-71318



SUP-71318

SUP-71318 - REVISED

SUP-71318

SUP-71318

SUP-71318
SUP-71318


SUP-71318 [PRJ-71152] - SPECIAL USE PERMIT - APPLICANT: GOLDEN MARKET - OWNER: 2425 ARVILLE, LLC
2520 ARVILLE STREET
08/03/2017
SUP-71318 [PRJ-71152] - SPECIAL USE PERMIT - APPLICANT: GOLDEN MARKET - OWNER: 2425 ARVILLE, LLC
2520 ARVILLE STREET
08/03/2017

SUP-71318 - REVISED
Agenda Item No.: 8.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
TMP-71533 - TENTATIVE MAP - RENAISSANCE - LOT 1 (A COMMERCIAL
SUBDIVISION) - APPLICANT/OWNER: RA SOUTHEAST LAND COMPANY, LLC - For
possible action on a request for a Tentative Map FOR A ONE-LOT COMMERCIAL
SUBDIVISION on 7.80 acres at the southeast corner of Alta Drive and Rampart Boulevard
(APN 138-32-312-013), PD (Planned Development) Zone, Ward 2 (Seroka) [PRJ-71472]. Staff
recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
TMP-71533 [PRJ-71472]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: RA SOUTHEAST LAND COMPANY,
LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
TMP-71533 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 25

NOTICES MAILED N/A

PROTESTS 0

APPROVALS 0

JB
TMP-71533 [PRJ-71472]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

TMP-71533 CONDITIONS

Planning

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

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

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

4. The Final Map shall contain a note granting perpetual common access and parking
across the entire subdivision.

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


Subdivision Statutes.

Public Works

6. Grant a 10-foot Public Roadway, Public Sewer, and Public Drainage Easement,
where such does not exist, along Rampart Boulevard for a total half street width of
60 feet (dedication plus easement) including an additional easement area required
with Standard Drawing #201.1 on the Final Map for this site. This area shall be
dedicated as right-of-way concurrent with on-site development activities.
Additionally, dedicate public right-of-way per Standard Drawing 234.1 for a bus
turnout on Alta Drive on the Final Map for this site. The bus turnout and any other
construction requirements shall be deferred to be concurrent with on-site
development activities.

7. Add a note to the Final Map: Existing private sewers and storm drains are subject
to relocation pursuant to the grant of reciprocal easements and declaration of
covenants, recorded January 31, 2001 in Book 20010212, instrument number
01340 on file at the Clark County, Nevada Recorder's Office.

JB
TMP-71533 [PRJ-71472]
Conditions Page Two
October 10, 2017 - Planning Commission Meeting

8. Add a note to the Final Map: The recordation of this Final Map does not expunge
any vehicular and pedestrian access rights, sewer, and drainage rights existing
through recordation of that certain final map titled "Peccole Ranch Town Center, A
Commercial Subdivision", recorded in book 86, page 23 of plats on file at the Clark
County, Nevada recorder's office, all of which are subject to the grant of reciprocal
easements and declaration of covenants, recorded January 31, 2001 in Book
20010212, instrument number 01340 on file at the Clark County, Nevada
Recorder's Office.

9. Show the existing private sewers on the Final Map similar to the requirement and
note on Plat Book 86 Page 23 (Parcel Map PMP-41307), unless otherwise
instructed by the City of Las Vegas Survey Section of the Department of Public
Works.

10. Per Title 19.16.060.W.1, provide a note on the Final Map that states All parcels
created through this map shall have perpetual unobstructed access to all
driveways servicing the overall subdivision unless incompatible uses can be
demonstrated to the satisfaction of the City Engineer.

11. Add a note to the Final Map: Each parcel must have its own independent
connection to public sewer, unless the applicant can provide legal proof acceptable
to the City that this site can connect to the existing private sewer lines on site.

12. Per Title 19.16.060.W.3, provide a note on the Final Map that states All
subdivided lots within this Final Map shall provide perpetual inter-lot drainage
rights across all existing and future parcel limits. A technical drainage study shall
be submitted and approved prior to further development of this site.

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

JB
TMP-71533 [PRJ-71472]
Conditions Page Three
October 10, 2017 - Planning Commission Meeting

14. Prior to the recordation of the Final Map for this site, all requirements must be
complied with or such future compliance must be guaranteed by an approved
performance security method(s) in accordance with Unified Development Code
sections 19.02.130.C and 19.02.130.E.

JB
TMP-71533 [PRJ-71472]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant requests approval of a Tentative Map for a one-lot commercial


subdivision on 7.80 acres at the southeast corner of Alta Drive and Rampart Boulevard
Avenue.

ISSUES

The site has been graded and is currently undeveloped.


Applicant has not proposed any perimeter walls with this request.

ANALYSIS

The subject site is currently undeveloped and is located in a PD (Planned Development)


zoning district within the Las Vegas Renaissance Master Plan Area.

Access to the site is proposed from one driveway off of Rampart Boulevard. The site is
undeveloped, all grading and drainage has already taken place and will not be an issue.
This will change upon future development of the site. Parking and access is intended to
be allowed across the site. A condition of approval will require that common perpetual
access and parking will be granted across the entire proposed commercial subdivision.

Staff notes that north/south and east/west cross sections are shown with this Tentative
Map submittal, but elevations are not provided. However, since this property and all
surrounding property is developed or graded, no retaining walls are shown or
anticipated.

The map meets and complies with the Title 19 and NRS 278 requirements for a
Tentative Map; therefore, staff recommends approval with conditions. If denied, the
existing parcel would remain.

FINDINGS (TMP-71533)

All Title 19 zoning and NRS 278 and technical requirements regarding tentative maps
are satisfied. Therefore, staff recommends approval of the subject tentative map with
conditions.

JB
TMP-71533 [PRJ-71472]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc


The City Council approved a request for a Rezoning (Z-0030-92) from C-1
(Limited Commercial), C-2 (General Commercial) and R-1 (Single Family
Residential) to C-1 (Limited Commercial) and R-1 (Single Family
Residential) on approximately 105 acres generally located on the east
09/02/92 side of Rampart Boulevard between Charleston Boulevard and Alta Drive,
which included the subject site. The item included requests for approval of
a 103-acre regional mall and a two-acre single family residential
development. The Planning Commission and staff recommended
approval.
In an official Writ of Mandate from the Clark County District Court, the
conditions of approval for Z-0030-92 were modified to (A) extend the
Resolution of Intent from 12 months to 24 months; (B) restrict delivery
access from local streets; (C) restrict special events on the exterior of the
mall to no more than 10 days per year; (D) stipulate that development of
12/31/92 each pad site would only be subject to standard city requirements and
procedures; (E) stipulate that the Regional Mall shall be permitted to
contain 1.1 million square feet of building area; (F) require conformance
to the plot plan as amended by the court order; and (G) stipulate that the
applicant shall not be required to provide land for future fire and police
facilities.
The City Council approved a request for a Rezoning (Z-0012-98) from U
(Undeveloped) [SC (Service Commercial) General Plan Designation]
under Resolution of Intent to C-1 (Limited Commercial) to PD (Planned
Development) on 47.4 acres at the southeast corner of Alta Drive and
Rampart Boulevard. The Planning Commission recommended approval;
staff recommended denial. This action established development
standards for the Peccole Town Center Master Plan area as well as the
shopping area to the south, designating the southern 49 acres (zoned C-
1) as Phase I and the northern 47 acres (zoned PD) as Phase II. The site
04/27/98
plan for Phase II included a five-story non-gaming hotel, 650-seat
amphitheater, 592,800 square-feet of retail/office uses, 125 condominium
units and two parking garages.
The City Council approved a request for a Site Development Plan Review
[Z-0030-92(5)] for a proposed 433,240 square-foot retail Shopping
Center, including 21 retail pad sites, on 48.7 acres at the northeast corner
of Rampart Boulevard and Charleston Boulevard (Phase I). This was not
a Major Amendment of the Rezoning case (Z-0030-92), but instead
replaced that approved plan.

JB
TMP-71533 [PRJ-71472]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

Related Relevant City Actions by Planning, Fire, Bldg., etc


The Department of Planning administratively approved a request for a
Minor Site Development Plan Review [Z-0030-92(16)] for a proposed
10/23/00
10,386 square-foot furniture store within the Phase II portion of the Boca
Park Shopping Center site.
The City Council approved a request for a Site Development Plan Review
[Z-0012-98(1)] for a proposed 723,150 square-foot retail and office
development (Boca Park Phase II) on 41.53 acres at the southeast corner
of Alta Drive and Rampart Boulevard. This plan replaced the plan
approved as part of Z-0012-98. (The applicant from this point forward
refers to the Phase II area located at the southeast corner of Alta Drive
and Rampart Boulevard as Phase III.) The Planning Commission and
11/01/00
staff recommended approval.
The City Council approved a request for a Major Modification [Z-0012-
98(2)] of the Peccole Town Center Master Development Plan and
Development Standards to add additional development standards
pertaining to Phase II. (The applicant from this point forward refers to the
Phase II area located at the southeast corner of Alta Drive and Rampart
Boulevard as Phase III.)
The City Council approved a Master Sign Plan [Z-0012-98(3)] for the
Boca Park Phase III area, located at the southeast corner of Alta Drive
04/18/01
and Rampart Boulevard. The Planning Commission and staff
recommended approval of the request.
The Department of Planning administratively approved a Minor
Amendment of a previously approved Site Development Plan Review [Z-
06/21/01 0012-98(1)] for a proposed 626,005 square-foot development where
723,150 square feet was approved at the southeast corner of Alta Drive
and Rampart Boulevard.
The Department of Planning administratively approved a Minor Site
Development Plan Review [Z-0012-98(4)] for a proposed 50,750 square-
11/06/01 foot retail shell building and a 23,047 square-foot retail shell building on a
portion of 41.87 acres adjacent to the east side of Rampart Boulevard,
approximately 1,200 feet south of Alta Drive.
A one-lot Parcel Map (PMP-41307) on 23.4 acres at the southeast corner
04/18/11 of Alta Drive and Rampart Boulevard that constitutes the subject site was
recorded.
The City Council approved a request for a Rezoning (ZON-41312) from
PD (Planned Development) to PD (Planned Development) on 23.40 acres
06/15/11
at the southeast corner of Alta Drive and Rampart Boulevard. The
Planning Commission and Staff recommended approval of the request.

JB
TMP-71533 [PRJ-71472]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

Related Relevant City Actions by Planning, Fire, Bldg., etc


The City Council approved a request for a Site Development Plan Review
(SDR-41313) for a proposed three-story, 773,000 square foot shopping
center, four-story parking garage, and six-story, 100-unit multi-family
06/15/11
residential development at the southeast corner of Alta Drive and
Rampart Boulevard. The Planning Commission and Staff recommended
approval of the request.
The City Council approved a request for an Extension of Time (EOT-
52982) of an approved Site Development Plan Review (SDR-41313)
for a proposed three-story, 773,000 square-foot shopping center, a
05/21/14
four-story parking garage and a six-story, 100-unit multi-family
residential development at the southeast corner of Alta Drive and
Rampart Boulevard. Staff recommended approval of the request.
The City Council approved a request for a Major Modification (MOD-
70292) of the Las Vegas Renaissance Master Development Plan and
Development Standards to amend the land use plan and the
08/16/17
development standards on 23.40 acres located at the southeast corner
of Alta Drive and Rampart Boulevard. The Planning Commission and
Staff recommended approval of the request.

Most Recent Change of Ownership


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

Related Building Permits/Business Licenses


A building permit (#01004042) was issued for rough grading on 42
03/12/01 acres at 8855 Alta Drive. A final inspection was not approved and the
permit expired 10/06/01.
A building permit (#01010316) was issued for onsite water, sewer and
06/07/01 fire improvements at 8855 Alta Drive. A final inspection was not
approved and the permit expired 11/16/02.
A building permit (#010101358) was issued for onsite improvements
and hardscapes at 680 South Rampart Boulevard. A final inspection
was not approved and the permit expired 06/15/02.
06/22/01
A building permit (#01011357) was issued for a parking structure and
perimeter landscaping at 680 South Rampart Boulevard. A final
inspection was approved on 03/25/02.
A building permit (#07002034) was issued for a new ramp for an
06/21/07 existing parking garage at 680 South Rampart Boulevard. A final
inspection was approved on 09/24/07.

JB
TMP-71533 [PRJ-71472]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

Pre-Application Meeting
A pre-application conference was held with the applicant to discuss the
08/21/17 Tentative Map submittal requirements for a one-lot commercial
subdivision.

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

Field Check
Staff visited the site and found a well maintained undeveloped site with
08/31/17
no trash and debris.

Details of Application Request


Site Area
Gross Acres 7.80

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject SC (Service PD (Planned
Undeveloped
Property Commercial) Development)
Mixed-Use GC (General C-2 (General
North
Development Commercial) Commercial)
SC (Service PD (Planned
South Shopping Center
Commercial) Development)
SC (Service PD (Planned
East Undeveloped
Commercial) Development)
M (Medium Density R-3 (Medium Density
West Drainage Channel
Residential) Residential)

Master and Neighborhood Plan Areas Compliance


Las Vegas Renaissance Master Plan Y
Special Area and Overlay Districts Compliance
PD (Planned Development) District Y

JB
TMP-71533 [PRJ-71472]
Staff Report Page Six
October 10, 2017 - Planning Commission Meeting

Other Plans or Special Requirements Compliance


Trails Y
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Alta Drive Primary Arterial Streets and 80 Feet Y
Highways
Master Plan of
Rampart
Collector Street Streets and 100 Feet Y
Boulevard
Highways

JB
TMP-71533

TMP-71533
TMP-71533




TMP-71533

TMP-71533

TMP-71533

TMP-71533 - REVISED

TMP-71533 - REVISED

TMP-71533 - REVISED
TMP-71533


TMP-71533 [PRJ-71472] - TENTATIVE MAP - APPLICANT/OWNER: RA SOUTHEAST LAND COMPANY, LLC
SOUTHEAST CORNER OF ALTA DRIVE AND RAMPART BOULEVARD
08/31/2017
TMP-71533 [PRJ-71472] - TENTATIVE MAP - APPLICANT/OWNER: RA SOUTHEAST LAND COMPANY, LLC
SOUTHEAST CORNER OF ALTA DRIVE AND RAMPART BOULEVARD
08/31/2017
TMP-71533 [PRJ-71472] - TENTATIVE MAP - APPLICANT/OWNER: RA SOUTHEAST LAND COMPANY, LLC
SOUTHEAST CORNER OF ALTA DRIVE AND RAMPART BOULEVARD
08/31/2017

TMP-71533
Agenda Item No.: 9.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
GPA-71535 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT:
RICHMOND AMERICAN HOMES OF NEVADA, INC. - OWNER: VFR-SOUTHWEST
DESERT EQUITIES, LLC - For possible action on a request for a General Plan Amendment
FROM: R (RURAL DENSITY RESIDENTIAL) TO: L (LOW DENSITY RESIDENTIAL) on
16.95 acres on the north side of Centennial Parkway, approximately 990 feet east of Hualapai
Way (APNs 125-19-401-005, 006, 009, 010 and 011), Ward 6 (Fiore) [PRJ-71473]. Staff
recommends APPROVAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - GPA-71535, ZON-71536, WVR-71655, VAR-71537, VAC-
71538 and TMP-71539 [PRJ-71473]
3. Supporting Documentation - GPA-71535, ZON-71536, WVR-71655, VAR-71537, VAC-
71538 and TMP-71539 [PRJ-71473]
4. Photo(s) - GPA-71535, ZON-71536, WVR-71655, VAR-71537, VAC-71538 and TMP-
71539 [PRJ-71473]
5. Justification Letter - GPA-71535, ZON-71536, WVR-71655, VAR-71537, VAC-71538 and
TMP-71539 [PRJ-71473]
6. Comments from Clark County School District - GPA-71535, ZON-71536, VAR-71537,
VAC-71538 and TMP-71539 [PRJ-71473].pdf
GPA-71535, ZON-71536, WVR-71655, VAR-71537, VAC-71538 and TMP-71539 [PRJ-71473]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: RICHMOND AMERICAN HOMES OF NEVADA,
INC. - OWNER: VFR-SOUTHWEST DESERT EQUITIES, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
GPA-71535 Staff recommends APPROVAL.
ZON-71536 Staff recommends APPROVAL. GPA-71535
Staff recommends APPROVAL, subject to conditions: GPA-71535
WVR-71655
ZON-71536
GPA-71535
Staff recommends APPROVAL, subject to conditions:
VAR-71537 ZON-71536
WVR-71655
GPA-71535
Staff recommends APPROVAL, subject to conditions: ZON-71536
VAC-71538
WVR-71655
VAR-71537
GPA-71535
ZON-71536
Staff recommends APPROVAL, subject to conditions:
TMP-71539 WVR-71655
VAR-71537
VAC-71538

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GPA-71535, ZON-71536, WVR-71655, VAR-71537, VAC-71538 and TMP-71539 [PRJ-71473]
Notification Page One
October 10, 2017 - Planning Commission Meeting

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 30

NOTICES MAILED 142 - GPA-71535 and ZON-71536


142 - WVR-71655 and VAR-71537
12 - VAC-71538
142 - TMP-71539

PROTESTS 0 - GPA-71535 and ZON-71536


0 - WVR-71655 and VAR-71537
0 - VAC-71538
0 - TMP-71539

APPROVALS 0 - GPA-71535 and ZON-71536


0 - WVR-71655 and VAR-71537
0 - VAC-71538
0 - TMP-71539

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October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

WVR-71655 CONDITIONS

Planning

1. Approval of a General Plan Amendment (GPA-71535) and Rezoning (ZON-71536)


and approval of and conformance to the Conditions of Approval for Variance (VAR-
71537), Petition to Vacate (VAC-71538) and Tentative Map (TMP-71539) shall be
required, if approved.

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

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

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

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

VAR-71537 CONDITIONS

Planning

1. Approval of a General Plan Amendment (GPA-71535) and Rezoning (ZON-71536)


and approval of and conformance to the Conditions of Approval for a Waiver
(WVR-71655), Petition to Vacate (VAC-71538) and Tentative Map (TMP-71539)
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.

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October 10, 2017 - Planning Commission Meeting

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

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

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

VAC-71538 CONDITIONS

1. The limits of this Petition of Vacation shall be defined as the Darling Road and
Conquistador Street rights-of-way located north of Centennial Parkway, east of
Hualapai Way. Additionally, the U.S. Government Patent Easements adjacent to
Assessor Parcel numbers #125-19-401-011, 125-19-401-005, 125-19-401-009 and
125-19-401-010 are also included with this Petition of Vacation.

2. The Orders of Vacation and Relinquishment shall record concurrently with a Final
Map for this site.

3. A Drainage Plan and Technical Drainage Study must be submitted to and


approved by the Department of Public Works prior to the recordation of the Order
of Vacation for this application. Appropriate drainage easements shall be reserved
if recommended by the approved Drainage Plan/Study. The drainage study
required by TMP-71539 may be used to satisfy this requirement provided that it
addresses the area to be vacated.

4. All public improvements, if any, adjacent to and in conflict with this vacation
application are to be modified, as necessary, at the applicant's expense prior to the
recordation of an Order of Vacation/Relinquishment.

5. Reservation of easements for the facilities of the various utility companies together
with reasonable ingress thereto and egress there from shall be provided if
required.

6. All development shall be in conformance with code requirements and design


standards of all City Departments.

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October 10, 2017 - Planning Commission Meeting

7. The Orders of Vacation and Relinquishment shall not be recorded until all of the
conditions of approval have been met provided, however, that conditions requiring
modification of public improvements may be fulfilled for purposes of recordation by
providing sufficient security for the performance thereof in accordance with the
Subdivision Ordinance of the City of Las Vegas. City Staff is empowered to modify
this application if necessary because of technical concerns or because of other
related review actions as long as current City right-of-way requirements are still
complied with and the intent of the vacation application is not changed. If
applicable, a five foot wide easement for public streetlight and fire hydrant
purposes shall be retained on all vacation actions abutting public street corridors
that will remain dedicated and available for public use. Also, if applicable and
where needed, public easement corridors and sight visibility or other easements
that would/should cross any right-of-way or easement being vacated must be
retained.

8. If the Orders of Vacation and Relinquishment are not recorded within two (2) years
after approval by the City of Las Vegas or an Extension of Time is not granted by
the Planning Director, then approval will terminate and a new petition must be
submitted.

TMP-71539 CONDITIONS

Planning

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

2. Approval of a General Plan Amendment (GPA-71535) and Rezoning (ZON-71536)


and approval of and conformance to the Conditions of Approval for Waiver (WVR-
71655), Variance (VAR-71537) and Petition to Vacate (VAC-71538) shall be
required, if approved.

3. A technical landscape plan, signed and sealed by a Registered Architect,


Landscape Architect, Residential Designer or Civil Engineer, must be submitted
prior to or at the same time as Final Map submittal. A permanent underground
sprinkler system is required, and shall be permanently maintained in a satisfactory
manner; the landscape plan shall include irrigation specifications. Installed
landscaping shall not impede visibility of any traffic control device. The technical
landscape plan shall indicate four five-gallon shrubs for each required tree within
the six-foot private landscape buffer along Centennial Parkway.

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

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


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

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


Subdivision Statutes.

Public Works

8. A Petition of Vacation, such as VAC-71538, shall record concurrent with the


recordation of a Final Map for this site.

9. Dedicate 50 feet of right-of-way for the north half of Centennial Parkway adjacent
to this site.

10. Grant a 15-foot wide Transportation Trail easement adjacent to Centennial


Parkway and construct trail improvements in accordance with current City
standards concurrent with on-site development.

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

12. Construct full half-street improvements on Centennial Parkway meeting Current


City Standards concurrent with development of this site. All existing paving
damaged or removed by this development shall be restored at its original location
and to its original width concurrent with development of this site.

13. Per Clark County Area Standard Drawing #222, the minimum distance from the
street to the call box shall be 100 feet. Alternatively, submit a queueing analysis
prior to the submittal of construction drawings.

14. Landscape and maintain all unimproved rights-of-way on Centennial Parkway


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.

15. Submit a License Agreement for landscaping and private improvements in the
Centennial Parkway 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
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 (702-229-4836).

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

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October 10, 2017 - Planning Commission Meeting

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, if allowed by the City Engineer.

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October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is seeking review of a Tentative Map for a gated 69-lot single family
residential subdivision on approximately 16 acres north of Centennial Parkway and east
of Hualapai Way. As part of the request, excess rights-of-way would need to be
vacated to incorporate into the site. Additionally, U.S. Government Patent Easements
would need to be vacated.

ISSUES

A General Plan Amendment is proposed to change the land use category of the
subject site from R (Rural Density Residential) to L (Low Density Residential).
A Rezoning is proposed from U (Undeveloped) [R (Rural Density Residential)
General Plan Designation] to R-1 (Single Family Residential).
A Waiver of LVMC Title 19.06.040 is required to allow no perimeter landscape buffer
along the north property line where a minimum six-foot buffer is required. Staff
supports this waiver.
The applicant has requested a Variance to allow a Connectivity Ratio of 1.22 in the
proposed subdivision where 1.30 is required. Staff supports this variance.
The applicant has proposed to vacate portions of Darling Road and Conquistador
Street in conflict with the proposed development, as well as U.S. Government Patent
Easements.
A Multi-Use Non-Equestrian Trail is required along the north side of Centennial
Parkway, east of the Conquistador Street alignment. The trail has been
incorporated into the proposed tentative map.
Additional landscaping needs to be added in the required private landscape buffer
along Centennial Parkway. A condition of approval addresses this issue.

ANALYSIS

The site is located in an undeveloped area between Centennial Parkway and Clark
County 215. Land to the east and west is federally owned and managed. Single-family
homes south of Centennial Parkway adjacent to this site are zoned R-1 (Single Family
Residential) with an average lot size of about 9,700 square feet. The property is just
north of (but not within) the Interlocal Excepted Area B. Properties in this area must
maintain a minimum residential buildable lot area of 10,000 square feet and/or remain at
a density of 3.5 dwelling units per acre or less.

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Centennial Parkway provides a boundary between mostly undeveloped land that abuts
the Clark County 215 Freeway and less dense residential development to the south.
Higher density residential development is appropriate in this area north of Centennial
Parkway, as these parcels are attached to the freeway right-of-way and Centennial
Parkway provides a buffer to the lower density lots to the south. Furthermore, property
to the west is designated PF (Public Facilities), which would not be developed for
residential purposes. Given its location, the L (Low Density Residential) General Plan
designation, which allows up to 5.49 dwelling units per acre, is recommended. The R-1
(Single Family Residential) zoning district requires a minimum lot size of 6,500 square
feet but can accommodate much larger lots. The proposed density of this site is 4.07
dwelling units per acre, which would conform to the L (Low Density Residential)
designation.

Residential lots range in size from 6,503 square feet to 14,685 square feet. The map
and site plan indicate 49-foot wide private streets with roll curbs on the interior. The
Title 19.04 Narrow Lot Complete Streets standard is applied, in which the five-foot
landscape zone with trees is located along the sidewalk at the front of the private lots.

The Las Vegas 2020 Master Plan requires a transportation (non-equestrian) trail
adjacent to this site along the portion of Centennial Parkway east of the Conquistador
Street alignment. The trail consists of a five-foot amenity zone and 10-foot concrete
path within the public right-of-way and a six-foot private landscape buffer. The tentative
map indicates the required trail configuration. Pink Dawn Chitalpa and African Sumac
trees are provided in the amenity zone and six-foot private landscape buffer. A
condition of approval will require the technical landscape plan to indicate the required
number of five-gallon shrubs per Title 19. Staff recommends approval of the requested
Waiver to provide no landscape buffer along the north property line adjacent to Clark
County 215, as the buffer would not be visible from the freeway and would be difficult to
maintain.

The private street configuration consists of two offset loop streets connected by one of
the streets in the loop. The Connectivity Ratio for this development is 1.22, meaning
that vehicular movements are limited to locations within the proposed subdivision with
no links to other external developments. Staff recommends approval of the requested
Variance to allow a Connectivity Ratio of less than 1.3, as the development area is
irregularly shaped and would not efficiently accommodate residential lots on a gridded
street pattern.

The submitted east/west cross sections depict maximum natural grade greater than 2%
across this site. Per the tables in Subdivision Code 19.06.050 a development with
natural slope greater than 2% is allowed a maximum six-foot retaining wall. A 4.5-foot

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maximum retaining wall is shown on the east property line and a 1.5-foot maximum
retaining wall is shown on the west property line.

The submitted north/south cross section depicts maximum natural grade less than 2%
across this site. Per the tables in Subdivision Code 19.06.050 a development with
natural slope less than 2% is allowed a maximum four-foot retaining wall. A four-foot
maximum retaining wall is shown on the south property line and a two-foot retaining wall
is shown on the north property line adjacent to the Clark County 215 freeway.

The Clark County School District projects that approximately 30 additional primary and
secondary school students would be generated by the proposed development on this
site. Of the three levels of schools serving the area, only Escobado Middle School is
under capacity for the 2017-18 school year. In particular, Darnell Elementary School is
estimated to be at 120 percent of capacity and Centennial High School is estimated at
127.5 percent of program capacity. This analysis was based on 70 lots.

The subject site is bound on the south by Centennial Parkway, a primary arterial, and
on the north by Clark County 215. These constraints lower the desirability for ultra-low
densities such as those found south of Centennial Parkway. Staff therefore
recommends approval of a General Plan Amendment to L (Low Density Residential)
and a Rezoning to R-1 (Single Family Residential), as well as approval of a Tentative
Map for a 69-lot single-family residential subdivision and the related variance and
waiver, with conditions.

FINDINGS (GPA-71535)

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

1. The density and intensity of the proposed General Plan Amendment is


compatible with the existing adjacent land use designations,

The proposed density of the subject site would increase over the existing
residential developments south of Centennial Parkway, which are designated
RNP (Rural Neighborhood Preservation) and R (Rural Density Residential).
However, the proposed L (Low Density Residential) designation is compatible with
the adjacent PF (Public Facilities) land use designation to the west and abuts the
Clark County 215 freeway. Therefore, the application of higher residential
densities is justified.

2. The zoning designations allowed by the proposed amendment will be


compatible with the existing adjacent land uses or zoning districts,

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The L (Low Density Residential) land use category allows for the U, R-E, R-D, and
R-1 zoning designations. These potential districts are compatible with the existing
R-E (Clark County) and R-1 zoned parcels on developments to the south of
Centennial Parkway and with the U (Undeveloped) [R (Rural Density Residential]
zoning district on the adjacent parcels.

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


accommodate the uses and densities permitted by the proposed General
Plan Amendment; and

Parcels in this area have recently annexed into the City of Las Vegas and are now
developing the infrastructure needed to support urban growth. Centennial
Parkway will be fully improved to a Primary Arterial street adjacent to the site.

4. The proposed amendment conforms to other applicable adopted plans and


policies.

There are no other special area plans or overlays in this specific area. The Las
Vegas 2020 Master Plan broadly recommends preservation of rural
neighborhoods in this area of the city. To this end, Centennial Parkway
provides an adequate buffer from low density single-family development to the
south.

FINDINGS (ZON-71536)

In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning


Commission or City Council must affirm the following:

1. The proposal conforms to the General Plan.

The proposed Rezoning to R-1 (Single Family Residential) would conform to the
General Plan upon approval of a General Plan Amendment to the L (Low Density
Residential) designation.

2. The uses which would be allowed on the subject property by approving the
rezoning will be compatible with the surrounding land uses and zoning
districts.

The R-1 zoning district allows a range of single-family dwelling unit sizes suitable
for suburban settings. Currently, the only existing single-family residential homes
north of Centennial Parkway in this area are located east of Tee Pee Lane. The
remainder of this area is undeveloped or occupied by an existing secondary public
school, uses that are compatible with the proposed residential area.

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

The site is constrained by the location of the Clark County 215 right-of-way along
the north boundary, where lower density development is not appropriate. A
similar development with a comparable density has been approved further to the
west near Centennial High School.

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


adequate in size to meet the requirements of the proposed zoning district.

Centennial Parkway is designated as a Primary Arterial and will be fully improved


to over 100 feet as adjacent parcels are developed. The Department of Public
Works estimates that this project will add approximately 69 additional cars to the
area, or one per minute. Currently, Centennial Parkway is at about 24 percent of
capacity and Hualapai Way is at about 18 percent of capacity. With this project,
Centennial Parkway is expected to be at about 27 percent of capacity and
Hualapai Way to be at about 22 percent of capacity.

FINDINGS (VAR-71537)

In accordance with the provisions of Title 19.16.140(B), Planning Commission and City
Council, in considering the merits of a Variance request, shall not grant a Variance in
order to:

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

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Evidence of a unique or extraordinary circumstance has been presented, in that the


subject parcel is irregular in shape, thereby limiting the configuration of residential lots in
such a way as to achieve a 1.3 Connectivity Ratio. It is therefore concluded that the
applicants hardship is real, and is within the realm of NRS Chapter 278 for granting of
Variances.

FINDINGS (VAC-71538)

The existing U.S. Government Patent Easements have been determined to no longer
be needed, as new permanent development is proposed over the parcels comprising
this site. Staff recommends approval of their vacation.

The Department of Public Works presents the following information concerning the
request to vacate certain public street rights-of-way:

A. Does this vacation request result in uniform or non-uniform right-of-way widths?


N/A, as it will completely eliminate two unused streets.

B. From a traffic handling viewpoint will this vacation request result in a reduced
traffic handling capability? No, since the streets are currently unused.

C. Does it appear that the vacation request involves only excess right-of-way? No,
it is to eliminate two unused streets that will be incorporated into a subdivision.

D. Does this vacation request coincide with development plans of the adjacent
parcels? Yes, TMP-71539.

E. Does this vacation request eliminate public street access to any abutting parcel?
No.

F. Does this vacation request result in a conflict with any existing City
requirements? No.

G. Does the Department of Public Works have an objection to this vacation request?
No.

FINDINGS (TMP-71539)

The submitted Tentative Map is in conformance with all Title 19 and NRS requirements
for tentative maps. The existing public rights-of-way and U.S. Government patent
easements in conflict with site development must be vacated prior to recordation of a
final map over the site.

SS
GPA-71535, ZON-71536, VAR-71537, VAC-71538 and TMP-71539 [PRJ-71473]
Staff Report Page Seven
October 10, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The City Council approved a Petition to Annex (ANX-12215) 207.83
acres generally located north of Centennial Parkway between
02/07/07 Shaumber Road and Fort Apache Road. The Planning Commission
and staff recommended approval. The annexation became effective
02/16/07.

Most Recent Change of Ownership


03/07/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no related building permits or business licenses.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
submittal requirements for the proposed project. The applicant was
informed that a variance would be needed for a substandard
08/17/17 Connectivity Ratio, as the allowable deviation needed for
administrative approval is 3% or less. The Waiver for relief from
perimeter landscape buffer standards was not discussed until after
submittal.

Neighborhood Meeting
A neighborhood meeting was held at the Centennial Hills YMCA
located at 6601 N. Buffalo Drive in Las Vegas. Four members of the
public, one developer representative, one member of the Ward 6
Council staff and one Department of Planning staff member were in
attendance.
09/19/17
A short presentation was given by the applicants representative. The
representative explained the reason for filing each application, using
displays of the proposed subdivision. A Waiver request has recently
been added to allow no landscape buffer along the CC 215 Beltway,
as it will be difficult for the HOA to maintain.

SS
GPA-71535, ZON-71536, VAR-71537, VAC-71538 and TMP-71539 [PRJ-71473]
Staff Report Page Eight
October 10, 2017 - Planning Commission Meeting

Neighborhood Meeting
Neighbor concerns included the following:

Would this subdivision be gated? Yes.


How many stories are proposed? One-story homes are
proposed.
What does the trail consist of? A 10-foot sidewalk with
landscape strips on both sides along the north side of
Centennial Parkway.
Would a dedicated turn lane be provided into the subdivision?
Concerned about the safety of residents and neighbors. Such
improvements would be determined by the traffic impact
analysis, which has not been completed.
Having one single access proposed is not adequate. A second
access to the subdivision should be provided.
Where will surface water flow? Concerned about tall perimeter walls.
Stormwater improvements would be determined by the drainage study,
which has not been completed.

Field Check
08/31/17 The site is undeveloped and undisturbed, containing native vegetation.

Details of Application Request


Site Area
Gross Acres 16.95

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject R (Rural Density
Undeveloped U (Undeveloped)
Property Residential)
R (Rural Density
Undeveloped U (Undeveloped)
North Residential)
215 Beltway Right-of-Way Right-of-Way
Single Family, R (Rural Density R-1 (Single Family
South
Detached Residential) Residential)
R (Rural Density
East Undeveloped U (Undeveloped)
Residential)

SS
GPA-71535, ZON-71536, VAR-71537, VAC-71538 and TMP-71539 [PRJ-71473]
Staff Report Page Nine
October 10, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
R (Rural Density
West Undeveloped Residential) U (Undeveloped)
PF (Public Facilities)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
No Applicable Special Area or Overlay Districts N/A
Other Plans or Special Requirements Compliance
Trails (Multi-Use Non-Equestrian north side of Centennial Pkwy) Y
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification
N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Pursuant to Title 19.06, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size 6,000 SF 6,503 SF Y
Min. Lot Width 65 Feet 60 Feet Y

Existing Zoning Permitted Density Units Allowed


U (Undeveloped) 2.18 du/ac 36
Proposed Zoning Permitted Density Units Allowed
R-1 (Single Family
7.26 du/ac* 123*
Residential)
Existing General Plan Permitted Density Units Allowed
R (Rural Density
3.59 du/ac 60
Residential)
Proposed General Plan Permitted Density Units Allowed
L (Low Density Residential) 5.49 du/ac 93
*Density is limited by the maximum density of the approved General Plan designation.

SS
GPA-71535, ZON-71536, VAR-71537, VAC-71538 and TMP-71539 [PRJ-71473]
Staff Report Page Ten
October 10, 2017 - Planning Commission Meeting

Pursuant to Title 19.06, the following standards apply:


Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees
Buffer Trees:
North 1 Tree / 30 Linear Feet 18 Trees 0 Trees N*
South 1 Tree / 30 Linear Feet 16 Trees 20 Trees Y
East N/A 0 Trees 0 Trees Y
West N/A 0 Trees 0 Trees N
TOTAL PERIMETER TREES 32 Trees 20 Trees N
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North 6 Feet 0 Feet N*
South 6 Feet 6 Feet Y
East 0 Feet 0 Feet Y
West 0 Feet 0 Feet Y
6 Feet along
Wall Height 6 to 8 Feet Adjacent to Residential Y
the south PL
*A Waiver (WVR-71655) to allow no landscape buffer along the north property line is included
as part of this review.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Centennial
Primary Arterial Streets and 70 N
Pkwy
Highways Map

19.04.040 Connectivity
Transportation Network Element # Links # Nodes
Internal Street 11
Intersection Internal 9
Cul-de-sac Terminus 0
Intersection External Street or Stub Terminus 0
Intersection Stub Terminus w/ Temporary Turn Around
0
Easements
Non-Vehicular Path - Unrestricted 0
Total 11 9
Required Provided
Connectivity Ratio (Links / Nodes): 1.30 1.22

SS
GPA-71535, ZON-71536, VAR-71537, VAC-71538 and TMP-71539 [PRJ-71473]
Staff Report Page Eleven
October 10, 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-
Units Ratio Regular Regular
capped capped
Single
2 spaces/
Family, 69 units 138
unit
Detached
TOTAL SPACES REQUIRED 138 138 Y
Regular and Handicap Spaces Required 138 0 138 0 Y

Waivers
Requirement Request Staff Recommendation
6-foot perimeter landscape To allow no perimeter
buffer adjacent to public landscape buffer along the north Approval
rights-of-way property line (CC 215 ROW)

SS
GPA-71535



GPA-71535


GPA-71535
L

BRISTLE FALLS ST

CONQUISTADOR ST
SC BRUSCHI RIDGE CT

N GRAND CANYON DR
ECHELON POINT DR

PCD PF

ROW DR
ML
N HUALAPAI WAY

PR-OS DARLING RD R

SUBJECT
PROPERTY

W CENTENNIAL PKWY

MOUNTAIN FOOTHILLS AVE MOSAIC CANYON CT

RNP
N JENSEN ST

N GRAND CANYON DR
CAMBRIDGE BROOK AVE ARCH CANYON CT

W REGENA AVE
N HUALAPAI WAY


N EULA ST

FROM R TO L
General Plan Amendment
RNP - Rural Neighborhood MLA - Medium - Low Attached GTC - Tourist Commercial PF-CC Public Facility
Preservation Clark County 1000' Buffer
LVMD - Las Vegas Medical
M - Medium
RE - Rural Estates District TC - Town Center
City Limits
H - High LI/R - Light Industrial / Research
DR - Desert Rural RC - Resource Conservation
O - Office
PCD - Planned Community Not City GIS maps are normally produced
R - Rural Development C - Downtown - Commercial only to meet the needs of the City .
Due to c ontinuous dev elopment activity
SC - Service Commercial PR-OS - Park/Recreation/ Subject Property this map is for reference only .
L - Low MXU - Downtown - Mixed Use Geographic Information System
Open Space
Planning & Development Dept.
ML - Medium - Low GC - General Commercial TND - Tradional Neighborhood 702-229-6301
PF - Public Facility
Development
Date: Wednesday, S eptember 20, 2017
A77

A A

A

7A

bA7AAA
77
77A777A7A77

A7
A7b77b
b7 7A7A7

GPA-71535, ZON-71536, WVR-71655, VAR-71537, VAC-71538 and


TMP-71539 - REVISED
A77

A A

A

7 7



77
77A777A7A77

7A


b7b

7
7 7

A7
7

AA77A

7 7
7 7

b7

7 7 7 7 7


b7 7A7A7

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7 7 7 7

b7
7 7 7 7

A77

77A

b7A7 b7

GPA-71535, ZON-71536, WVR-71655, VAR-71537, VAC-71538 and


TMP-71539 - REVISED

GPA-71535, ZON-71536, WVR-71655, VAR-71537, VAC-71538 and


TMP-71539 - REVISED

GPA-71535, ZON-71536, WVR-71655, VAR-71537,


VAC-71538 and TMP-71539

GPA-71535, ZON-71536, WVR-71655, VAR-71537,


VAC-71538 and TMP-71539

GPA-71535, ZON-71536, WVR-71655, VAR-71537,


VAC-71538 and TMP-71539

GPA-71535, ZON-71536, WVR-71655, VAR-71537,


VAC-71538 and TMP-71539

GPA-71535, ZON-71536, WVR-71655, VAR-71537,


VAC-71538 and TMP-71539
A77

A A

A

A7A

bA7AAA
77
77A777A7A77

A7
A7b77b
b7 7A7A7

GPA-71535, ZON-71536, WVR-71655, VAR-71537, VAC-71538 and


TMP-71539 - REVISED
A77

A A

A

7 7



77
77A777A7A77

7A


b7b


7
7 7

A 7

7

AA77A

7 7
7 7

b7
7 7 7 7 7


b7 7A7A7

A77A

b7
7 7 7 7

A77

77A

b7A
b7

GPA-71535, ZON-71536, WVR-71655, VAR-71537, VAC-71538 and


TMP-71539 - REVISED
A77

A A

AA
7
7A

7 7
7

77
77A777A7A77


77 77
7

77


7
bA
77

7
7

7
7

7
b7 7A7A7

b7

77 7

77

77
A77

7
7

77 7

GPA-71535, ZON-71536, WVR-71655, VAR-71537, VAC-71538 and


TMP-71539 - REVISED
GPA-71535 [PRJ-71473] - GENERAL PLAN AMENDMENT RELATED TO ZON-71536, WVR-71655, VAR-71537, VAC-
71538 AND TMP-71539 - APPLICANT: RICHMOND AMERICAN HOMES OF NEVADA, INC. - OWNER: VFR-
SOUTHWEST DESERT EQUITIES, LLC
NORTH SIDE OF CENTENNIAL PARKWAY, EAST OF HUALAPAI WAY
08/31/2017
GPA-71535 [PRJ-71473] - GENERAL PLAN AMENDMENT RELATED TO ZON-71536, WVR-71655, VAR-71537, VAC-
71538 AND TMP-71539 - APPLICANT: RICHMOND AMERICAN HOMES OF NEVADA, INC. - OWNER: VFR-
SOUTHWEST DESERT EQUITIES, LLC
NORTH SIDE OF CENTENNIAL PARKWAY, EAST OF HUALAPAI WAY
08/31/2017
A

A7 7

b777
77
777
7777

77 7 7 7 7 7 7 A7 7 b7
777777A77b77A7
7777

7 7 7 7 7 7 7 7 7 A7 7
7777777777A7A77
77A77Ab777777777

7777777777777b73
7A7777777777
7777777777777
7777777777

A777A7A777777777
7777777777777777
7777777777777777
777777777777777
77777b777777777777
7

777b7777777777B
777777777777777
77777777777777
777777777b7773777
777777777777A777
77777777A77777
7777777777777
7

A77A77777777777777
777777777777777b
377777b737777777
7 7 7 7 777 7 7 7 7 7 7 7 7 7 7
777777777777777
7737777

7 7 Ab7 7 7 7 7 7 7 7 7 7 7
7
7


7777777A77777777

77777777b777777

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

GPA-71535, ZON-71536, WVR-71655, VAR-71537, VAC-71538 and TMP-71539


b77777b7A7A777
A77
777

7777777777777777
77777777777777777
777b777777777777
7737777777b73

77777777777777
777777777777
777777777777777777
7777

377777777777777
77777


777

7777A 77
7

bb7
777A7
A777A7
b7777

GPA-71535, ZON-71536, WVR-71655, VAR-71537, VAC-71538 and TMP-71539


Real Property Management School Development Tracking Form
1180 Military Tribute Place
Henderson, Nv. 89074 http://ccsd.net/departments/real-property

Date Filed Application Number Entity


Company Name
Contact Name
Contact Mailing Address
City State Zip Code
Phone Mobile Fax Email

Project Name

Project Description

APN's

Student Yield Elementary School Middle School High School


Single-Family Units (1) x 0.196 = x 0.101 = x 0.137 =
Multi-Family Units (2) x 0.140 = x 0.058 = x 0.064 =
Resort Condo Units (3)
Total

(1) Single Family unit is defined as single family detached home, mobile home, and town homes.
(2) Multi-Family unit is defined as apartment, multiplexes, and condominiums.
(3) Resort Condominium units for tracking purposes only.
* To be completed by CCSD

Schools Serving the Area*


Name Address Grade Capacity Enrollment Site Date

* CCSD Comments

Approved Disapproved
Agenda Item No.: 10.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ZON-71536 - REZONING RELATED TO GPA-71535 - PUBLIC HEARING - APPLICANT:
RICHMOND AMERICAN HOMES OF NEVADA, INC. - OWNER: VFR-SOUTHWEST
DESERT EQUITIES, LLC - For possible action on a request for a Rezoning FROM: U
(UNDEVELOPED) [R (RURAL DENSITY RESIDENTIAL) GENERAL PLAN
DESIGNATION] TO: R-1 (SINGLE FAMILY RESIDENTIAL) on 16.95 acres on the north
side of Centennial Parkway, approximately 990 feet east of Hualapai Way (APNs 125-19-401-
005, 006, 009, 010 and 011), Ward 6 (Fiore) [PRJ-71473]. Staff recommends APPROVAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps - ZON-71536, WVR-71655, VAR-71537 and TMP-71539 [PRJ-
71473]
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-71536



ZON-71536


ZON-71536

CONQUISTADOR ST
BRISTLE FALLS ST
U(PCD) BRUSCHI RIDGE CT
C-1

N GRAND CANYON DR
PD ECHELON POINT DR

U(PF)
R-CL
R-E
N HUALAPAI WAY

C-V

DARLING RD U(R)

SUBJECT
PROPERTY

W CENTENNIAL PKWY

MOUNTAIN FOOTHILLS AVE MOSAIC CANYON CT

R-1
N JENSEN ST

N GRAND CANYON DR
CAMBRIDGE BROOK AVE ARCH CANYON CT

W REGENA AVE
N HUALAPAI WAY


N EULA ST

Zoning FROM U(R) TO R-1


U - (GPA Designation) R-2 - Medium-Low P-O - Professional Office C-M - Commercial/Industrial
Undeveloped Density Residential
R-3 - Medium Density N-S - Neighborhood Service M - Industrial
R-A - Ranch Acres 1000' Buffer
Residential
O - Office C-V - Civic
R-E - Residential Estates R-4 - High Density
Residential City Limits
R-D - Single-Family C-D - Designed Commercial P-C - Planned Community
Residential-Restricted R-5 - Apartment
R-PD - Residential C-1 - Limited Commercial T-D - Traditional Development Not City GIS maps are normally produced
R-MH - Mobile/Manufactured only to meet the needs of the City .
Planned Development Home Residence Due to c ontinuous dev elopment activity
C-2 - General Commercial PD - Planned Development Subject Property
R-1 - Single Family this map is for reference only .
R-MHP - Residential Mobile/ C-PB - Planned Business Geographic Information System
Residential T-C - Town Center
Manufactured Home Park Park
Planning & Development Dept.
R-CL - Single-Family 702-229-6301

Compact-Lot P-R - Professional Offices


Date: Wednesday, S eptember 20, 2017
and Parking
Agenda Item No.: 11.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
WVR-71655 - WAIVER RELATED TO GPA-71535 AND ZON-71536 - PUBLIC HEARING -
APPLICANT: RICHMOND AMERICAN HOMES OF NEVADA, INC. - OWNER: VFR-
SOUTHWEST DESERT EQUITIES, LLC - For possible action on a request for a Waiver TO
ALLOW A ZERO-FOOT PERIMETER LANDSCAPE BUFFER ALONG THE NORTH
PROPERTY LINE WHERE SIX FEET IS REQUIRED on 16.95 acres on the north side of
Centennial Parkway, approximately 990 feet east of Hualapai Way (APNs 125-19-401-005, 006,
009, 010 and 011), U (Undeveloped) Zone [R (Rural Density Residential) General Plan
Designation] [PROPOSED: R-1 (Single Family Residential)], Ward 6 (Fiore) [PRJ-71473].
Staff recommends APPROVAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. 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.
WVR-71655

WVR-71655

77

b777
77
777
7777

77 7 7 7 7 7 7 7 7 7 A7
b77A77777

7 7 7 7 7 7 7 7 7 A7 7
777777777777777

7777777777777b7/
7A7777777777
7777777777777
7777777777

A7777777777b77777
7777777777777
7 7 7 77 7 7 7 7 7 7 7 7 77
77777777777777
7777

/77777777777777
77777

777

7777A 77
A77

bb7
777A7
A777A7
b7777

WVR-71655 - REVISED

Agenda Item No.: 12.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71537 - VARIANCE RELATED TO GPA-71535, ZON-71536 AND WVR-71655 -
PUBLIC HEARING - APPLICANT: RICHMOND AMERICAN HOMES OF NEVADA, INC.
- OWNER: VFR-SOUTHWEST DESERT EQUITIES, LLC - For possible action on a request
for a Variance TO ALLOW A CONNECTIVITY RATIO OF 1.22 WHERE 1.30 IS REQUIRED
on 16.95 acres on the north side of Centennial Parkway, approximately 990 feet east of Hualapai
Way (APNs 125-19-401-005, 006, 009, 010 and 011), U (Undeveloped) Zone [R (Rural Density
Residential) General Plan Designation] [PROPOSED: R-1 (Single Family Residential)], Ward 6
(Fiore) [PRJ-71473]. Staff recommends APPROVAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAR-71537



VAR-71537


Agenda Item No.: 13.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAC-71538 - VACATION RELATED TO GPA-71535, ZON-71536, WVR-71655 AND VAR-
71537 - PUBLIC HEARING - APPLICANT: RICHMOND AMERICAN HOMES OF
NEVADA, INC. - OWNER: VFR-SOUTHWEST DESERT EQUITIES, LLC - For possible
action on a request for a Petition to Vacate portions of Darling Road and Conquistador Street and
U.S. Government Patent Easements generally located north of Centennial Parkway, east of
Hualapai Way, Ward 6 (Fiore) [PRJ-71473]. Staff recommends APPROVAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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-71538



VAC-71538

VAC-71538

VAC-71538

VAC-71538

VAC-71538

VAC-71538
Agenda Item No.: 14.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
TMP-71539 - TENTATIVE MAP RELATED TO GPA-71535, ZON-71536, WVR-71655,
VAR-71537 AND VAC-71538 - CENTENNIAL HUALAPAI - PUBLIC HEARING -
APPLICANT: RICHMOND AMERICAN HOMES OF NEVADA, INC. - OWNER: VFR-
SOUTHWEST DESERT EQUITIES, LLC - For possible action on a request for a Tentative Map
FOR A 69-LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION on 16.95 acres on the north
side of Centennial Parkway, approximately 990 feet east of Hualapai Way (APNs 125-19-401-
005, 006, 009, 010 and 011), U (Undeveloped) Zone [R (Rural Density Residential) General Plan
Designation] [PROPOSED: R-1 (Single Family Residential)], Ward 6 (Fiore) [PRJ-71473].
Staff recommends APPROVAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Traffic Notes from City of Las Vegas Department of Public Works
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
TMP-71539



TMP-71539

TMP-71539

A7
A7b77b
A7A

bA7AAA

TMP-71539 - REVISED


b7 7A7A7
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TMP-71539 - REVISED
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TMP-71539 - REVISED
TMP 71539
Southwest Desert Equities, LLC

NS Centennial Parkway, E of Hualapai Way


Proposed 69 unit single family residential development.

Proposed Use

Average Daily Traffic (ADT) 9.52 657


AM Peak Hour SINGLE FAMILY DETACHED [DWELL] 69 0.75 52
PM Peak Hour 1.00 69

Existing traffic on nearby streets:


Centennial Parkway
Average Daily Traffic (ADT) 6,099
PM Peak Hour (heaviest 60 minutes) 488

Hualapai Way
Average Daily Traffic (ADT) 2,861
PM Peak Hour (heaviest 60 minutes) 229

Traffic Capacity of adjacent streets:


Adjacent Street ADT Capacity
Centennial Parkway 25,090
Hualapai Way 15,990

This project will add approximately 657 trips per day on Centennial Pkwy. and Hualapai Way. Currently, Centennial is at
about 24 percent of capacity and Hualapai is at about 18 percent of capacity. With this project, Centennial is expected to
be at about 27 percent of capacity and Hualapai to be at about 22 percent of capacity.

Based on Peak Hour use, this development will add into the area roughly 69 additional cars, or about one every minute.

Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 15.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SCD-71492 - MAJOR DEVIATION - PUBLIC HEARING - APPLICANT/OWNER:
HOTSPUR RESORTS NEVADA, LTD. - For possible action on a request for a Major Deviation
of the Summerlin Development Standards TO ALLOW A PROPOSED ANIMATED
FREESTANDING SIGN WHERE SUCH IS PROHIBITED on 39.93 acres at 221 North
Rampart Boulevard (APN 138-29-401-011), P-C (Planned Community) Zone [VC (Village
Center) Summerlin Special Land Use Designation], Ward 2 (Seroka) [PRJ-71357]. Staff
recommends APPROVAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 1 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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 Design Review Approval Letter from The Howard Hughes Corporation
7. Protest Postcard
SCD-71492 [PRJ-71357]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: HOTSPUR RESORTS NEVADA, LTD.

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SCD-71492 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 32

NOTICES MAILED 292

PROTESTS 1

APPROVALS 0

SS
SCD-71492 [PRJ-71357]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

SCD-71492 CONDITIONS

Planning

1. This sign shall adhere to LVMC 19.08.120(B) pertaining to animated signs


containing a changeable electronic message.

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

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

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

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

SS
SCD-71492 [PRJ-71357]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant has requested a Major Deviation of the Summerlin Development


Standards to allow a proposed freestanding sign with two animated sign faces where
animated signs are prohibited. The sign is proposed to be located along the northern
edge of the site adjacent to Summerlin Parkway.

ISSUES

A Major Deviation of the Summerlin Development Standards is necessary to allow


animation on a proposed freestanding sign where animated signs are prohibited.
The Summerlin Non-Residential Design Review Committee has acknowledged and
supports a deviation from the Summerlin Development Standards to allow animated
signage at this location.
A condition of approval will require this sign to conform to Title 19 requirements
regarding animated signs containing a changeable electronic message.

ANALYSIS

Per the current Summerlin Design Standards, animated signs are prohibited. Animated
signs are defined by Title 19 as

Any sign that uses any of the following: animation or movement; mechanical
devices such as spinning, rotating, revolving or oscillating mechanical or structural
components; flashing, sequential or oscillating lights; lighting that moves from bright
to dim and back to bright; or other similar continuously automated methods or
dynamic devices, such as steam, fog, misting, or change of lighting or message, to
depict action or create a special effect or alternating scene that results in
movement, the appearance of movement, or the changing of sign image or
message. The term includes any sign or portion thereof with characters, letters or
illustrations, that can be changed or rearranged manually or electronically without
altering the face or the surface of the sign. The term does not include a sign on
which the only copy that changes is the electronic indication of time, temperature,
or both.

SS
SCD-71492 [PRJ-71357]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

The proposed sign is freestanding, 28 feet in height and contains two LED-illuminated
sign faces of 100 square feet each; both are capable of animation. An existing
animated freestanding sign at the southeastern corner of the property was previously
issued a valid permit for an LED display with Summerlin approval and may therefore
continue pursuant to Section IV of the Summerlin Development Standards without
benefit of a Major Deviation.

The Summerlin Non-Residential Design Committee has reviewed the proposed sign
and approved it with the understanding that it deviates from the Summerlin
Development Standards with regard to the animation, finding that a deviation is
acceptable because the animated sign is in support of a casino/resort business.

New signs within the city of Las Vegas are subject to certain restrictions regarding
animation found in LVMC Title 19.08.120(B). For example, signs must consist of static
images having a minimum duration of six seconds per message, the transition time
between messages must be no more than two seconds and the brightness shall not
exceed 300 nits. No videos are permitted. Although the subject property is location
within Summerlin, a condition of approval will require similar standards to be applied to
this sign to ensure the safety and general welfare of the public.

FINDINGS (SCD-71492)

Staff recommends that the Major Deviation to allow animation on the sign be approved,
as the sign is endorsed by the Summerlin Non-Residential Design Review Committee,
is appropriate in this location along Summerlin Parkway and does not negatively impact
the surrounding properties. A condition of approval has been added requiring this sign
to conform to Title 19 requirements regarding animated signs containing a changeable
electronic message.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The City Council approved a Rezoning (Z-0044-87) from N-U (Non-
06/03/87 Urban) to P-C (Planned Community) on this site as part of a larger
request.
The City Council approved a Special Use Permit (U-0054-96) for a
proposed 6-story, 300-room hotel consisting of 324,268 square feet of
07/17/96 structures, a 50,000 square-foot casino and a 2-story parking garage
on property located at the southwest corner of Summerlin Parkway
and Rampart Boulevard.

SS
SCD-71492 [PRJ-71357]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The City Council approved an amendment [U-0054-96(2)] of an
approved Special Use Permit (U-0054-96) for a second 6-story, 300-
10/27/97 room hotel, a total of 452,560 square feet of structures and a 4-story,
1,000-space parking garage on property located at the southwest
corner of Summerlin Parkway and Rampart Boulevard.
The City Referral Group approved a Summerlin Site Development
Plan Review (SV-0004-02) for a 31,854 square foot conference center
05/15/02
addition to the J.W. Marriott Las Vegas Resort on 49.73 acres at 221
North Rampart Boulevard.
A three-lot Parcel Map (PMP-6436) on 60.00 acres on the northwest
05/14/08
corner of Canyon Run Drive and Rampart Boulevard was recorded.
The City Referral Group approved a Minor Amendment (CRG-45182)
of an approved Special Use Permit (U-0054-96) for a 29,550 square-
05/09/12 foot expansion of an existing hotel and casino, a new parking garage
and other site improvements on 49.74 acres at 221 North Rampart
Boulevard.

Most Recent Change of Ownership


04/04/05 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (196727) was issued for replacement of a 217
square-foot non-electrified reader board with a new 200 square-foot
full color LED reader board on an existing double-faced freestanding
10/20/11
sign at 221 North Rampart Boulevard (northwest corner of Canyon
Run Drive and Rampart Boulevard). A final inspection was completed
02/10/12.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
08/03/17 submittal requirements for a Major Modification to the Summerlin
Development Standards.

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

SS
SCD-71492 [PRJ-71357]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

Field Check
The site contains an established hotel and casino. The proposed sign
location currently contains a xeriscaped landscape buffer. An existing
08/31/17
monument sign is near this location, but situated on a non-owner
parcel.

Details of Application Request


Site Area
Net Acres 39.93

Surrounding Existing Land Use Planned or Special Existing Zoning


Property Per Title 19.12 Land Use Designation District
Subject P-C (Planned
Hotel VC (Village Center)
Property Community)
North Summerlin Parkway Right-of-Way Right-of-Way
Commercial PR-OS
South Recreation/Amusement (Parks/Recreation/Open C-V (Civic)
(Outdoor) Space)
Commercial PR-OS
East Recreation/Amusement (Parks/Recreation/Open C-V (Civic)
(Outdoor) Space)
Open Space P (Parks/Open Space)
P-C (Planned
West Multi-Family
VC (Village Center) Community)
Residential

Master and Neighborhood Plan Areas Compliance


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

SS
SCD-71492 [PRJ-71357]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to the Summerlin Development Standards, signs are subject to general criteria
pertaining to location, illumination, materials and design. Specific signs are reviewed by
Summerlin prior to issuance of permits. Animated signs are prohibited by the
Summerlin Development Standards. The Summerlin Non-Residential Design Review
Committee has reviewed the proposed freestanding sign and authorized a deviation of
this standard.

SS
SCD-71492



SCD-71492

SCD-71492
7A




7


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AA7bA7Ab77
AA
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SCD-71492

SCD-71492

SCD-71492
SCD-71492 [PRJ-71357] - MAJOR DEVIATION OF THE SUMMERLIN DEVELOPMENT STANDARDS -
APPLICANT/OWNER: HOTSPUR RESORTS NEVADA, LTD.
221 NORTH RAMPART BOULEVARD
08/31/2017
SCD-71492 [PRJ-71357] - MAJOR DEVIATION OF THE SUMMERLIN DEVELOPMENT STANDARDS -
APPLICANT/OWNER: HOTSPUR RESORTS NEVADA, LTD.
221 NORTH RAMPART BOULEVARD
08/31/2017

SCD-71492
A77

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SCD-71492
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Agenda Item No.: 16.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71530 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: DORICK
ENTERPRISES, INC. - For possible action on a request for a Variance TO ALLOW AN
EXISTING SIX-FOOT TALL CHAIN LINK FENCE ALONG THE FRONT AND
PERIMETER PROPERTY LINES WHERE A MAXIMUM HEIGHT OF FIVE FEET IS
ALLOWED IN THE FRONT SETBACK AREA on 0.39 acres at the northeast corner of Monte
Cristo Way and Craig Road (APN 138-03-201-005) U (Undeveloped) Zone, Ward 4 (Anthony)
[PRJ-71501]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Support Postcard
VAR-71530 [PRJ-71501]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: DORICK ENTERPRISES, INC.

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71530 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 20

NOTICES MAILED 414

PROTESTS 0

APPROVALS 1

CS
VAR-71530 [PRJ-71501]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71530 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-71530 [PRJ-71501]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is requesting a Variance to keep an existing six-foot tall chain-link fence
which surrounds the vacant property located on the northeast corner of Monte Cristo
Way and Craig Road.

ISSUES

Per Title 19.06.040.H.4.a, chain link or open wire fencing is prohibited unless
approved as part of an overall development agreement.
Per Title 19.06.050, the maximum height for a fence in the front yard setback
area is five feet. The applicant requests to keep the existing fence at six feet.
Staff supports this request.
This application is a result of Code Enforcement Case #177910.

ANALYSIS

The subject undeveloped site is approximately 17,000 square-feet and adjacent to a pet
cemetery on property to the east which is under Clark County jurisdiction. The
Department of Code Enforcement opened Case #177910 on 04/26/17 for the subject
unpermitted fence. Pursuant to Title 19, fences located within the U (Undeveloped)
zoning district are allowed a maximum height of five feet in the front yard setback area.
The existing fence is six feet. The subject fence is also made of chain link material
which is listed as a prohibited material unless approved as part of an overall
development agreement. Per the submitted justification letter, the subject undeveloped
lot is used as a rock barrier for dust control. The site is adjacent to a school bus drop
off and rock throwing by school children was a nuisance. The fence was constructed as
a means to prevent school children from entering and disturbing the site.

Per the applicant, there are no future plans for development of the subject site. While
the subject fence does not meet the height requirement in the front yard setback area
and is made of a prohibited material, the fence is needed as a safety barrier; therefore,
staff recommends approval of the Variance request subject to conditions. If the
Variance is denied, the subject fence will have to be removed.

CS
VAR-71530 [PRJ-71501]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

FINDINGS (VAR-71530)

In accordance with the provisions of Title 19.16.140(B), Planning Commission and City
Council, in considering the merits of a Variance request, shall not grant a Variance in
order to:

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

Staff finds that sufficient evidence has been provided to allow the applicant to keep the
existing fence, as constructed, in order to safely secure the subject site. Therefore, it is
concluded that the applicants request is not preferential in nature, and it is thereby
within the realm of NRS Chapter 278 for granting of Variances.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


Code Enforcement issued Case #177910 for the subject unpermitted
04/26/17 fence. The case remains open as the applicant goes through the
Variance process.

Most Recent Change of Ownership


06/28/07 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no related building permits/licenses on file.

CS
VAR-71530 [PRJ-71501]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

Pre-Application Meeting
A pre-application meeting was held with the applicant where the
08/23/17
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 existing chain-link
08/31/17 fence surrounding an undeveloped lot. There were no signs of trash
or debris.

Details of Application Request


Site Area
Net Acres 0.39

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject L (Low Density
Undeveloped U (Undeveloped)
Property Residential)
Single Family
L (Low Density R-CL (Single Family
North Residential,
Residential) Compact-Lot)
Detached
Single Family R-PD8 (Residential
ML (Medium-Low
South Residential, Planned Development
Density Residential)
Detached 8 units/acre)
RS (Residential R-E (Rural Estates
Pet Cemetery
East Suburban Clark Residential Clark
(Clark County)
County) County)
Single Family
L (Low Density R-1 (Single Family
West Residential,
Residential) Residential)
Detached

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A

CS
VAR-71530 [PRJ-71501]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

Special Area and Overlay Districts Compliance


A-O (Airport Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Pursuant to Title 19.06, the following standards apply:


Standard Required/Allowed Provided Compliance
Max. Front Yard Fence Height 5 Feet 6 Feet N*
Max. Perimeter Yard Fence Height 8 Feet 6 Feet Y
*The applicant has applied for the subject Variance in order to keep the existing fence at
a height of six feet.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Title 19.04
Craig Road Major Collector Complete Streets 100 Feet Y

Title 19.04
Monte Cristo
Minor Collector Complete Streets 60 Feet Y
Way

CS
VAR-71530



CLV Planning - Application Form
Application Number: PRJ-71501

Application/Petition For: PRJ-71501 - VAR

ProjectAddress (Location): NORTHEAST CORNER OF MONTE CRISTO WAY AND CRAIG ROAD

Project Name PET CEMETERY FENCE VAR

Assessors Parcel #(s): 13803201005

Ward #: WARD 4 (STAVROS S. ANTHONY)

Is the Application Information Yes


Correct:
If no, ...change what

General Plan Designation: Proposed: Select

Zoning District: Proposed: Select

Gross Acres:

Lots/Units:

Additional Information:

Applicant First Name: Dennis

Applicant Last Name: Mastny

Applicant Address: 7450 W. Craig Rd.

Applicant City: Las Vegas

Applicant State: NV

Applicant Zip: 89129

Applicant Phone: (702) 645-1112

Applicant Fax: (702) 656-7189

Applicant Email: crpc7450@embarqmail.com

Rep First Name: Ralph

Rep Last Name: Kielminski

Rep Address: 3500 John Peter Lee Ave

Rep City: North Las Vegas

Rep State: Nv

Rep Zip: 89032

Rep Phone: (702) 644-3750

Rep Fax: (702) 644-0171

Rep Email: rk@fsilv.com

VAR-71530
8/31/2017 2:03:32 PM Page 1 of 2
CLV Planning - Application Form
I certify that I am the applicant and Yes
that the information submitted with
this application is true and accurate
to the best of my knowledge and
belief. I understand that the City is
not responsible for inaccuracies in
information presented, and that
inaccuracies, false information or
incomplete application may cause
the application to be rejected. I
further certify that I am the owner
or purchaser (or option holder) of
the property involved in this
application, or the lessee or agent
fully authorized by the owner to
make this submission.
I Accept:
Is the Owner Information Correct: Yes

If no, ...change what

Owner(s) ADDR1 ADDR2


DORICK ENTERPRISES INC 7450 W CRAIG RD LAS VEGAS, NV 89129-6026

CLVEPLAN Applicant Company Title Email


ralph kielminski Fencing Specialists Inc estimator rk@fsilv.com

VAR-71530
8/31/2017 2:03:32 PM Page 2 of 2

VAR-71530
VAR-71530


VAR-71530 [PRJ-71501] - VARIANCE - APPLICANT/OWNER: DORICK ENTERPRISES, INC.
NORTHEAST CORNER OF MONTE CRISTO WAY AND CRAIG ROAD
08/31/2017
VAR-71530 [PRJ-71501] - VARIANCE - APPLICANT/OWNER: DORICK ENTERPRISES, INC.
NORTHEAST CORNER OF MONTE CRISTO WAY AND CRAIG ROAD
08/31/2017

VAR-71530

Agenda Item No.: 17.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71104 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: NOTORIETY,
LLC - OWNER: FAEC HOLDINGS WIRRULLA, LLC - For possible action on a request for a
Special Use Permit FOR A PROPOSED 54,750 SQUARE-FOOT TAVERN-LIMITED
ESTABLISHMENT USE at 450 Fremont Street, Suite #370 (APN 139-34-513-002), C-2
(General Commercial) Zone, Ward 5 (Barlow) [PRJ-70952]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 4 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - SUP-71104 and SUP-71105 [PRJ-70952]
2. Special Map
3. Conditions and Staff Report - SUP-71104 and SUP-71105 [PRJ-70952]
4. Supporting Documentation - SUP-71104 and SUP-71105 [PRJ-70952]
5. Photo(s) - SUP-71104 and SUP-71105 [PRJ-70952]
6. Justification Letter - SUP-71104 and SUP-71105 [PRJ-70952]
7. Protest Postcards for SUP-71104 and SUP-71105 [PRJ-70952]
SUP-71104 and SUP-71105 [PRJ-70952]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: NOTORIETY, LLC - OWNER: FAEC HOLDINGS
WIRRULLA, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71104 Staff recommends APPROVAL, subject to conditions:
SUP-71105 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 31

NOTICES MAILED 603 - SUP-71104 and SUP-71105

PROTESTS 4 - SUP-71104 and SUP-71105

APPROVALS 0 - SUP-71104 and SUP-71105

SS
SUP-71104 and SUP-71105 [PRJ-70952]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71104 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-71105) shall be required.

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

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

4. These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit, 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-71105 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Night
Club use.

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October 10, 2017 - Planning Commission Meeting

2. Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-71104) shall be required.

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

4. A Waiver from Title 19.12 is hereby approved, to allow a 1,220-foot distance


separation from a church and a 1,340-foot distance separation from a school
where 1,500 feet is required.

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

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

7. 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.

SS
SUP-71104 and SUP-71105 [PRJ-70952]
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October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is requesting Special Use Permits for a 54,750-square-foot Tavern-


Limited Establishment and Night Club within the Neonopolis retail and entertainment
complex at 450 Fremont Street, Suite #370.

ISSUES

A Tavern-Limited Establishment use is permitted in the C-2 (General Commercial)


zoning district with the approval of a Special Use Permit.
A Night Club use is permitted in the C-2 (General Commercial) zoning district with
the approval of a Special Use Permit.
A Waiver of distance separation requirements from a church and school is requested
with the Special Use Permit request for a Night Club. Staff recommends approval of
the waiver request.

ANALYSIS

The site is located within the Central Casino Core District of the Downtown Centennial
Plan Overlay District. As this is a change of use and there are no exterior changes to
the existing building, no Site Development Plan Review is required pursuant to the
Downtown Centennial Plan.

The subject tenant space was previously entitled for both Tavern-Limited Establishment
and Night Club uses. The previous special use permits expired 03/04/14, as no
extensions of time were approved after the licenses had expired 180 days earlier.

Both the Tavern-Limited Establishment and Night Club uses are permitted in the C-2
(General Commercial) zoning district with the approval of a Special Use Permit.

The Tavern-Limited Establishment use is defined as an establishment that is licensed


with a tavern-limited license in accordance with LVMC Chapter 6.50. The proposed
use meets the definition in that the criteria for a tavern-limited business license are
achieved, namely, the site is located entirely within the Downtown Centennial Plan
Overlay District and that live entertainment is being provided at least two nights per
week.

SS
SUP-71104 and SUP-71105 [PRJ-70952]
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October 10, 2017 - Planning Commission Meeting

There are no Minimum Special Use Permit Requirements for this use.

The Night Club use is defined per Title 19.18 as the following:

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 the primary operation of the establishment
includes sales of alcoholic beverages for on-premise consumption and provision of live
entertainment in nine of the existing theaters totaling 30,390 square feet. Hours of
operation are generally between the hours of 9:00 a.m. and 5:00 a.m. the following day,
with day-to-day operations between 8:00 a.m. and 7:00 p.m.

Minimum Special Use Permit Requirements for this use include the following:

*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 use does not meet this requirement, as it is proposed to be located
1,220 feet from a church and 1,340 feet from a school.

SS
SUP-71104 and SUP-71105 [PRJ-70952]
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October 10, 2017 - Planning Commission Meeting

*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-premise consumption.

The proposed use meets this requirement, as the applicant has requested a Special
Use Permit for a Tavern-Limited Establishment in conjunction with the Night Club
use.

*3. The distance separation referred to in Requirement 1, above, and Requirement 8,


below, shall be measured with reference to the shortest distance between two
property lines, one being the property line of the proposed nightclub which is
closest to the existing use to which the measurement pertains, and the other being
the property line of that existing use which is closest to the proposed nightclub. The
distance shall be measured in a straight line without regard to intervening
obstacles.

Distance separation has been measured from the property line of Neonopolis
(above ground airspace) to a school and two churches.

*4. For the purpose of Requirement 2, and for that purpose only:

a. The property line of a protected use refers to the property line of a fee interest
parcel that has been created by an approved and recorded parcel map or
subdivision map, and does not include the property line of a leasehold parcel;
and
b. The property line of a nightclub refers to:

i. The property line of a parcel that has been created by an approved and
recorded parcel map or commercial subdivision map; or
ii. The property line of a parcel that is located within an approved and
recorded commercial subdivision and that has been created by a record of
survey or legal description, if:

SS
SUP-71104 and SUP-71105 [PRJ-70952]
Staff Report Page Four
October 10, 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 the nightclub parcel, sign an agreement, satisfactory to
the City Attorney, that provides for perpetual, reciprocal cross-access,
ingress and egress throughout the commercial subdivision.

The property line of the Night Club use is defined by the boundary of Lot 1 of the
subdivision map recorded in Book 87, Page 35 of Plats.

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.

This requirement does not apply, as neither exemption criterion applies to the
proposed establishment.

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 or the Office Core District within
the Downtown Centennial Plan Overlay District, 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.

The proposed use meets Subparagraph a. of this requirement. The property is


located within the Downtown Casino Overlay District, and therefore the distance
separation between the proposed Night Club use and protected uses may be
waived. The applicant has requested a waiver to allow distance separations of
1,220 feet from a church and 1,340 from a school where 1,500 feet is required.

SS
SUP-71104 and SUP-71105 [PRJ-70952]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

7. The use shall conform to, and is subject to, the provisions of LVMC Chapter 6.50.

A standard condition of approval requires conformance to this section of Las Vegas


Municipal Code.

*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.

Although Conditions b. and c. are met by the proposal, the proposed use meets this
requirement, as there are no single-family residential dwellings within 500 feet of
the proposed use, as measured pursuant to Requirement 4.

*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 use meets this requirement, as the applicant intends to apply for a
tavern-limited license.

Title 19.12 requires a Night Club use to be at least 1,500 feet from a church,
synagogue, school, child care facility licensed for more than 12 children, or City park.
The waivers being requested are to allow 1,220 feet from a church and 1,340 feet from
a school where 1,500 feet is required. Title 19.12 allows waivers of the distance
separation requirements for locations within the Downtown Casino Overlay District.
Staff recommends that both waivers be approved, as the use will be located on the third
floor within a large retail and entertainment complex along the Pedestrian Mall, where
such uses are encouraged. Furthermore, the protected uses are located several blocks
away from the proposed Night Club and shielded by intervening buildings and streets.
There will be minimal, if any, impact to the protected uses.

Projects located within the Las Vegas Downtown Centennial Plan area are not subject
to the automatic application of parking requirements. The proposed use normally
requires 1,057 parking spaces, while this facility provides 680 spaces in a two-level
subterranean parking garage. In addition, the site is located on a major mass transit
route and there are other available parking facilities in the immediate vicinity.

SS
SUP-71104 and SUP-71105 [PRJ-70952]
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October 10, 2017 - Planning Commission Meeting

The subject site is located within the Downtown Casino Overlay District and along the
Pedestrian Mall, where the location of entertainment and music venues is encouraged.
The Night Club use will not negatively affect the protected uses in the vicinity. Finally,
the proposed Tavern-Limited Establishment and Night Club uses can be conducted in a
manner that is harmonious and compatible with the existing land uses. Staff therefore
staff recommends approval with conditions. If denied, business licenses for the sale of
alcohol and a night club could not be issued.

FINDINGS (SUP-71104)

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

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


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

The subject site is located within the Downtown Casino Overlay District, where the
location of entertainment and music venues is encouraged. The proposed
Tavern-Limited Establishment use is harmonious and compatible with existing
surrounding land uses, and with future surrounding land uses as projected by the
General Plan.

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

The existing suite can physically accommodate the proposed Tavern-Limited use.
Parking can be accommodated in an underground parking garage as well as at
other Downtown locations.

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


adequate in size to meet the requirements of the proposed use.

Vehicular traffic will utilize the on-site parking garage, which is accessed from 4th
Street. Pedestrians may access the site from Las Vegas Boulevard or 4th Street
at Fremont Street. This access will be adequate for traffic generated by the
proposed 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.

SS
SUP-71104 and SUP-71105 [PRJ-70952]
Staff Report Page Seven
October 10, 2017 - Planning Commission Meeting

The Tavern-Limited Establishment use will be subject to regular City and County
inspections for licensing; therefore, public health, safety and welfare will not be
compromised.

5. The use meets all of the applicable conditions per Title 19.12.

There are no Minimum Special Use Permit Requirements for a Tavern-Limited


Establishment.

FINDINGS (SUP-71105)

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

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


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

The subject site is located within the Downtown Casino Overlay District, where the
location of entertainment and music venues is encouraged. The proposed Night
Club use is harmonious and compatible with existing surrounding land uses, and
with future surrounding land uses as projected by the General Plan.

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

The existing suite can physically accommodate the proposed Night Club use. The
area is located along the Pedestrian Mall and is designed to attract pedestrians.
Parking can be accommodated in an underground parking garage as well as at
other Downtown locations.

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


adequate in size to meet the requirements of the proposed use.

Vehicular traffic will utilize the on-site parking garage, which is accessed from 4th
Street. Pedestrians may access the site from Las Vegas Boulevard or 4th Street
at Fremont Street. This access will be adequate for traffic generated by the
proposed 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.

SS
SUP-71104 and SUP-71105 [PRJ-70952]
Staff Report Page Eight
October 10, 2017 - Planning Commission Meeting

A Night Club use will be subject to regular City and County inspections for
licensing; therefore, public health, safety and welfare will not be compromised.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Night Club use requires a waiver of distance separation


requirements from a church and school. Staff supports the waiver request.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The City Council approved a Site Development Plan Review (SD-
0003-98) for a proposed 264,210 square-foot Retail/Entertainment
03/23/98
Complex at 450 Fremont Street. The Planning Commission and staff
recommended approval.
The City Council approved a request for a Special Use Permit (SUP-
46297) for a proposed Liquor Establishment (Tavern) and Night Club
with Waivers to allow a zero-foot distance separation from a similar
10/17/12
use, a 1,240-foot separation from a church and a 1,340-foot separation
from a school where 1,500 feet is required. The Planning Commission
and staff recommended approval. The approval expired 03/04/14.
Business License Enforcement processed a Case (129727) to
investigate the tavern and night club operations at 450 Fremont Street,
06/06/13
Suite #370. The case was resolved 10/08/13 by Business License
Enforcement.

Most Recent Change of Ownership


04/01/13 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#00016211) was issued for a retail
08/30/00 development/cinema for Certificate of Completion at 450 Fremont
Street.
A building permit (#01000109) was issued for a retail
01/03/01 development/cinema at 450 Fremont Street. The permit was finalized
on 03/19/02.
A building permit (217103) was issued for interior demolition work at
08/06/12 450 Fremont Street, Suite #370. A final inspection has not been
approved.

SS
SUP-71104 and SUP-71105 [PRJ-70952]
Staff Report Page Nine
October 10, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


A building permit (221187) was issued for the first phase of a tenant
02/13/13 improvement for a night club/assembly at 450 Fremont Street, Suite
#370. The permit expired 12/27/13.
A temporary business license (L16-95884) was issued for a Tavern at
06/19/13 450 Fremont Street, Suite #370. The license was marked out on
09/05/13.
A temporary business license (D19-95887) was issued for a Night
06/19/13 Club at 450 Fremont Street, Suite #370. The license was marked out
on 09/05/13.
An application (341828) was processed for a tenant improvement to
remodel the existing theater space for a night club and entertainment
05/09/17
venue at 450 Fremont Street, Suite #370. A permit has not been
issued.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
submittal requirements for two Special Use Permit requests. A Site
06/07/17
Development Plan Review is not required, as all improvements are to
the interior of the existing building.

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

Field Check
The site is developed with a three-level shopping center. The area of
08/31/17 the proposed use is located on the third floor, which contains an
existing cinema.

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject C-2 (General
Shopping Center C (Commercial)
Property Commercial)
C-2 (General
North Hotel & Casino C (Commercial)
Commercial)

SS
SUP-71104 and SUP-71105 [PRJ-70952]
Staff Report Page Ten
October 10, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Parking,
Commercial
Liquor
Establishment C-2 (General
South C (Commercial)
(Tavern) Commercial)
General Retail
Store
Restaurant
Multi-Family
Residential
C-2 (General
East Restaurant C (Commercial)
Commercial)
Tavern-Limited
Establishment
General Retail
Store
C-2 (General
West Pawn Shop C (Commercial)
Commercial)
Parking,
Commercial

Master and Neighborhood Plan Areas Compliance


Downtown Centennial Plan Y
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District (200 Feet) Y
DC-O (Downtown Casino Overlay) District Y
DCP-O (Downtown Centennial Plan Overlay) District Central Casino
Y
Core District
LW-O (Live/Work Overlay) District Y
SB-O (Las Vegas Blvd. Scenic Byway Overlay) District Y
Other Plans or Special Requirements Compliance
Trails (Tortoise Trail) Y
Las Vegas Redevelopment Plan Area Y
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification
N/A
Assessment)
Project of Regional Significance N/A

SS
SUP-71104 and SUP-71105 [PRJ-70952]
Staff Report Page Eleven
October 10, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement - Downtown
Gross Floor Base Parking Requirement Provided Compliance
Area or Parking Parking
Use Parking
Number of Handi- Handi-
Units Ratio Regular Regular
capped capped
1 space
Shopping
264,210 sf per 250 1,057
Center
sf GFA
TOTAL SPACES REQUIRED 1,057 680 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.

Waivers
Requirement Request Staff Recommendation
A night club may not be
located within 1,500 feet of a To allow a 1,220-foot distance
church, synagogue, school, separation from a church and
Approval
child care facility licensed for a 1,340-foot distance
more than 12 children or City separation from a school
park.

SS
SUP-71104



SUP-71104


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SUP-71104 and SUP-71105 - REVISED


SUP-71104 [PRJ-70952] - SPECIAL USE PERMIT RELATED TO SUP-71105 - APPLICANT: NOTORIETY, LLC -
OWNER: FAEC HOLDINGS WIRRULLA, LLC
450 FREMONT STREET, SUITE #370
08/31/2017
SUP-71104 [PRJ-70952] - SPECIAL USE PERMIT RELATED TO SUP-71105 - APPLICANT: NOTORIETY, LLC -
OWNER: FAEC HOLDINGS WIRRULLA, LLC
450 FREMONT STREET, SUITE #370
08/31/2017
SUP-71104 [PRJ-70952] - SPECIAL USE PERMIT RELATED TO SUP-71105 - APPLICANT: NOTORIETY, LLC -
OWNER: FAEC HOLDINGS WIRRULLA, LLC
450 FREMONT STREET, SUITE #370
08/31/2017
SUP-71104 [PRJ-70952] - SPECIAL USE PERMIT RELATED TO SUP-71105 - APPLICANT: NOTORIETY, LLC -
OWNER: FAEC HOLDINGS WIRRULLA, LLC
450 FREMONT STREET, SUITE #370
08/31/2017
SUP-71104 [PRJ-70952] - SPECIAL USE PERMIT RELATED TO SUP-71105 - APPLICANT: NOTORIETY, LLC -
OWNER: FAEC HOLDINGS WIRRULLA, LLC
450 FREMONT STREET, SUITE #370
08/31/2017

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SUP-71104 and SUP-71105 - REVISED


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SUP-71104 and SUP-71105 - REVISED


Agenda Item No.: 18.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71105 - SPECIAL USE PERMIT RELATED TO SUP-71104 - PUBLIC HEARING -
APPLICANT: NOTORIETY, LLC - OWNER: FAEC HOLDINGS WIRRULLA, LLC - For
possible action on a request for a Special Use Permit FOR A PROPOSED 54,750 SQUARE-
FOOT NIGHT CLUB USE WITH WAIVERS TO ALLOW A 1,220-FOOT DISTANCE
SEPARATION FROM A CHURCH AND A 1,340-FOOT DISTANCE SEPARATION FROM
A SCHOOL WHERE 1,500 FEET IS REQUIRED at 450 Fremont Street, Suite #370 (APN 139-
34-513-002), C-2 (General Commercial) Zone, Ward 5 (Barlow) [PRJ-70952]. Staff
recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 4 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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-71105



SUP-71105


Agenda Item No.: 19.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71540 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: ACRES
MEDICAL, LLC - OWNER: 2320 WESTERN, LLC - For possible action on a request for a
Major Amendment to an approved Special Use Permit (SUP-55187) FOR A PROPOSED 13,884
SQUARE-FOOT EXPANSION TO THE ORIGINALLY APPROVED 4,716 SQUARE-FOOT
MARIJUANA DISPENSARY WITH A WAIVER TO ALLOW SIGNAGE WHICH EXCEEDS
THE ONE, 30 SQUARE-FOOT, TWO-FOOT TALL WALL SIGN ALLOWED at 2320
Western Avenue (APN 162-04-404-003), M (Industrial) Zone, Ward 3 (Coffin) [PRJ-71377].
Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 2 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - SUP-71540 and SUP-71541 [PRJ-71377]
2. Special Map
3. Conditions and Staff Report - SUP-71540 and SUP-71541 [PRJ-71377]
4. Supporting Documentation - SUP-71540 and SUP-71541 [PRJ-71377]
5. Photo(s) - SUP-71540 and SUP-71541 [PRJ-71377]
6. Justification Letter - SUP-71540 and SUP-71541 [PRJ-71377]
7. Protest/Support Postcards for SUP-71540 and SUP-71541 [PRJ-71377]
SUP-71540 and SUP-71541 [PRJ-71377]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: ACRES MEDICAL, LLC - OWNER: 2320
WESTERN, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71540 Staff recommends APPROVAL, subject to conditions:
SUP-71541 Staff recommends APPROVAL, subject to conditions: SUP-71540

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 22

NOTICES MAILED 285 - SUP-71540 and SUP-71541

PROTESTS 0 - SUP-71540 and SUP-71541

APPROVALS 0 - SUP-71540 and SUP-71541

JB
SUP-71540 and SUP-71541 [PRJ-71377]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71540 CONDITIONS

Planning

1. Conformance to the Conditions of Approval for Special Use Permit (SUP-55187)


shall be required, except where amended herein.

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

3. All 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.

Public Works

6. A Traffic Impact Analysis or other information acceptable to the City Traffic


Engineer must be submitted to and approved by the Department of Public Works
prior to issuance of any building or grading permits. Comply with the
recommendation of the City Traffic Engineer.

SUP-71541 CONDITIONS

Planning

1. Conformance to the Conditions of Approval for Special Use Permit (SUP-55190)


shall be required, except where amended herein.

JB
SUP-71540 and SUP-71541 [PRJ-71377]
Conditions Page Two
October 10, 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. All City Code requirements and design standards of all City departments must be
satisfied, except as modified herein.

Public Works

6. Coordinate with the Environmental Compliance Section of the Department of


Public Works to determine appropriate pretreatment procedures, if any, required
for industrial effluent from this facility prior to occupancy of this site or a business
license for this use. Comply with the recommendations of the Environmental
Compliance Section. The Section may be contacted through John Solvie, 702-
229-6547 or email at jsolvie@lasvegasnevada.gov.

7. A Traffic Impact Analysis or other information acceptable to the City Traffic


Engineer must be submitted to and approved by the Department of Public Works
prior to issuance of any building or grading permits. Comply with the
recommendation of the City Traffic Engineer.

JB
SUP-71540 and SUP-71541 [PRJ-71377]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is requesting a Major Amendment to two previously approved Special


Use Permits (SUP-55187 and SUP-55190) for a proposed expansion of an existing
Marijuana Dispensary and Marijuana Production Facility throughout the 18,600 square-
foot building located at 2320 Western Avenue. In addition, the applicant has requested
a Waiver to utilize a proposed wall sign and existing freestanding and roof mounted sign
located on the subject site which exceed the one, two-foot tall 30 square-foot wall sign
that is allowed per street frontage.

ISSUES

The applicant has proposed a Major Amendment (SUP-71540) to an approved


Special Use Permit (SUP-55187) for a proposed 13,884 square-foot expansion to
the originally approved 4,716 square-foot Marijuana Dispensary. Staff supports this
request.
Per Title 19.16.110(M)(2) the proposed 13,884 square-foot expansion to the
originally approved 4,716 square-foot Marijuana Dispensary exceeds the 50%
threshold for a Minor Amendment of the approved Special Use Permit (SUP-55187)
and must be processed as a Major Amendment.
The applicant has proposed a Major Amendment (SUP-71541) to an approved
Special Use Permit (SUP-55190) for a proposed 18,151 square-foot expansion to
the originally approved 449 square-foot Marijuana Production Facility. Staff supports
this request.
Per Title 19.16.110(M)(2), the proposed 18,151 square-foot expansion to the
originally approved 449 square-foot Marijuana Production Facility exceeds the 50%
threshold for a Minor Amendment of the approved Special Use Permit (SUP-55190)
and must be processed as a Major Amendment.
A Waiver is required for both Major Amendments to allow signage which exceeds
the one 30 square-foot, two-foot tall wall sign allowed per street frontage. Staff
supports this request as the requested signage complies with all Title 19.08 and
19.14 development standards.

ANALYSIS

The Marijuana Dispensary use is defined as An establishment which acquires,


possesses, delivers, transfers, transports, supplies, sells or dispenses marijuana or
related supplies and educational materials. This use includes a medical marijuana

JB
SUP-71540 and SUP-71541 [PRJ-71377]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

dispensary, as defined in NRS 453A.115 and a "retail marijuana store" as defined in


NRS 453D.030. The Marijuana Production Facility use is defined as An enclosed
structure which acquires, possesses, manufactures, delivers, transfers, transports,
supplies, or sells edible marijuana products or marijuana-infused products to marijuana
dispensaries. This use includes a facility for the production of edible marijuana
products or marijuana-infused products, as defined in NRS 453A.105 and a "marijuana
product manufacturing facility" as defined in NRS 453D.030.

The Minimum Special Use Permit Requirements for these two uses were reviewed for
compliance and approved as Special Use Permits (SUP-55187 and SUP-55190). This
request would amend Requirement 9 in the following manner:

9. Signage for the establishment shall be limited to one wall sign per street
frontage, the face of the sign not to exceed thirty square feet in area and not to
exceed two feet in height. Such a sign shall be internally illuminated, with the use
of neon prohibited.

The applicant has requested a Waiver of this condition to install a new 68


square-foot wall mounted sign on the east elevation of the building, utilize the
existing 171 square-foot freestanding sign adjacent Western Avenue and the
existing 572 square-foot non-conforming roof mounted sign in conjunction with
an existing Marijuana Dispensary and Production Facility. Staff supports this
request, as the proposed signs conform to Title 19.08 and 19.14 development
standards pertaining to the new wall sign, existing freestanding sign and use of
existing non-conforming signage on the subject site. In addition, the proposed
signage is compatible with the adjacent land uses.

The subject property is located in the Las Vegas Downtown Centennial Plan Industrial
Corridor District, which requires conformance to Title 19.08 and 19.14 sign standards,
and Title 19.12 requirements pertaining to the Marijuana Dispensary and Production
Facility use, which limits signage area to 30 square feet in area and not exceed two feet
in height per street frontage. This is a change of the original sign design that was
previously approved. As depicted on the submitted elevations, the proposed signage
conforms to all Title 19.08 and 19.14 sign standards.

In addition, the applicant has also proposed a Major Amendment (SUP-71540) to


approved Special Use Permit (SUP-55187) for a proposed 13,884 square-foot
expansion to the originally approved 4,716 square-foot Marijuana Dispensary; and a
Major Amendment (SUP-71541) to an approved Special Use Permit (SUP-55190) for a
proposed 18,151 square-foot expansion to the originally approved 449 square-foot
Marijuana Production Facility. The applicant intends to have interconnectivity between
both land uses throughout the entire 18,600 square-foot building. Per the submitted
plans, the Marijuana Production Facility is approximately 2,326 square feet in area and

JB
SUP-71540 and SUP-71541 [PRJ-71377]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

connects to the 16,274 Marijuana Dispensary through a fire riser/breakroom on the west
perimeter of the building.

This parcel is currently served by the Las Vegas Valley Water District (LVVWD) for both
fire and domestic, but neither service has the required backflow prevention per NAC
445A.67195. Civil plans will need to be submitted to LVVWD for backflow retrofit of both
services.

The subject site complies with all minimum distance requirements as set forth by Title
19.12, and therefore the use can be conducted in a compatible and harmonious manner
with the existing surrounding land uses and future land uses as projected by the
General Plan. Staff supports this request as the M (Industrial) zoning district is intended
to accommodate the most intense uses. As such, staff recommends approval of the
proposed use with standard conditions. If denied, no expansion will be allowed to the
proposed Marijuana Dispensary and Marijuana Production Facility established at this
site, nor will the signage be amended.

FINDINGS (SUP-71540)

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

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


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

The subject site complies with all minimum distance requirements as set forth by
Title 19.12 and therefore the use can be conducted in a compatible and
harmonious manner with the existing surrounding land uses and future land uses
as projected by the General Plan.

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

The site contains an existing 18,600 square-foot commercial building. This site
contains adequate parking for all uses. The subject site is located within the
Downtown Centennial Plan Overlay District, where Title 19.12 parking
requirements are not automatically applied, although additional parking is
available in the vicinity through on-street parking.

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


adequate in size to meet the requirements of the proposed use.

JB
SUP-71540 and SUP-71541 [PRJ-71377]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

The proposed Marijuana Dispensary can be accessed from Western Avenue, a


60-foot wide Major Collector, which has adequate capacity to serve the proposed
development. Secondary access is also provided from Highland Drive, a 60-foot
wide Local Street.
4. Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.

The proposed Marijuana Dispensary use will be subject to regular City and
County inspections for licensing and will therefore not compromise the public
health, safety, and general welfare or any objective of the General Plan.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Marijuana Dispensary use meets all distance separation


requirements per from protected land uses. Conditions of approval will ensure
conformance with all other minimum requirements for this use, with the exception
of the requested Waiver to amend the signage on the subject site.

FINDINGS (SUP-71541)

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

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


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

The subject site complies with all minimum distance requirements as set forth by
Title 19.12 and therefore the use can be conducted in a compatible and
harmonious manner with the existing surrounding land uses and future land uses
as projected by the General Plan.

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

The site contains an existing 18,600 square-foot commercial building. This site
contains adequate parking for all uses. The subject site is located within the
Downtown Centennial Plan Overlay District, where Title 19.12 parking
requirements are not automatically applied, although additional parking is
available in the vicinity through on-street parking.

JB
SUP-71540 and SUP-71541 [PRJ-71377]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

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


adequate in size to meet the requirements of the proposed use.

The proposed Marijuana Dispensary can be accessed from Western Avenue, a


60-foot wide Major Collector, which has adequate capacity to serve the proposed
development. Secondary access is also provided from Highland Drive, a 60-foot
wide Local Street.

4. Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.

The proposed Marijuana Production Facility use will be subject to regular City and
County inspections for licensing and will therefore not compromise the public
health, safety, and general welfare or any objective of the General Plan.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Marijuana Production Facility use meets all distance separation
requirements from protected land uses. Conditions of approval will ensure
conformance with all other minimum requirements for this use, with the exception
of the requested Waiver to amend the signage on the subject site.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc


City Council approved Text Amendment (TXT-52502) to amend LVMC
Chapter 19.12 related to Permitted Uses and Chapter 19.18 related to
Definitions and Measures to add Medical Marijuana Dispensaries,
Facilities for the Production of Edible Marijuana Products or Marijuana
05/21/14 Infused Products and Marijuana Cultivation Facilities as permissible
uses by adding zoning district applicability, descriptions and definitions
for these activities as they are contemplated by SB 374 of the Nevada
Revised Statues and to provide for other related matters. Ordinance
No. 6321.
City Council approved Text Amendment (TXT-52502) to amend Las
Vegas Municipal Code Title 6 to implement licensing regulations
related to facilities for the production of edible marijuana products or
marijuana-infused products, medical marijuana dispensaries, medical
06/04/14 marijuana cultivation facilities, and independent testing laboratories,
collectively referred to as medical marijuana establishments, in
conformance with the intent of SB 374 of the 2013 session of the
Nevada Legislature and to provide for other related matters. Ordinance
6324.

JB
SUP-71540 and SUP-71541 [PRJ-71377]
Staff Report Page Six
October 10, 2017 - Planning Commission Meeting

Related Relevant City Actions by Planning, Fire, Bldg., etc


The City Council approved a request for a Special Use Permit (SUP-
55187) for a proposed 5,182 square-foot Medical Marijuana
10/29/14
Dispensary at 2320 Western Avenue. The Planning Commission
recommended denial and staff recommended approval.
The City Council approved a request for a Special Use Permit (SUP-
55189) for a proposed 12,590 square-foot Medical Marijuana
Cultivation Facility at 2320 Western Avenue. The Planning
Commission and staff recommended approval.
03/18/15
The City Council approved a request for a Special Use Permit (SUP-
55190) for a proposed 449 square-foot Medical Marijuana Production
Facility at 2320 Western Avenue. The Planning Commission and staff
recommended approval.
The Planning Department administratively approved a request for a
Minor Amendment (SUP-63806) to an approved Special Use Permit
(SUP-55187) for a 466 square-foot reduction of an approved 5,182
square-foot Medical Marijuana Dispensary at 2320 Western Avenue.
03/22/16
The Planning Department administratively approved a request for a
Minor Amendment (SUP-63807) to an approved Special Use Permit
(SUP-55190) to add 191 square feet to an approved 449 square-foot
Medical Marijuana Production Facility at 2320 Western Avenue.
The City Council approved a request for Directors Business (DIR-
64714) for a request to appeal of Director's decision to not accept an
06/15/16 Extension of Time application (EOT-64742) that was filed after the
date of expiration for a Special Use Permit (SUP-55187) for a Medical
Marijuana Dispensary at 2320 Western Avenue.
The City Council approved a request for an Extension of Time (EOT-
64742) of an approved Special Use Permit (SUP-55187) for a
07/20/16
proposed 5,182 square-foot Medical Marijuana Dispensary at 2320
Western Avenue.
The Planning Commission approved a request for a Major Amendment
to an approved Special Use Permit (SUP-55190) for a 1,281 square
feet addition to an approved 449 square-foot Medical Marijuana
08/09/16
Production Facility with a Waiver to allow another use which is not a
Medical Marijuana Facility under the same roof at 2320 Western
Avenue.
The Planning Department approved a request for a Signage Design
09/29/16 Review (ARC-66834) for one proposed 17 square-foot wall sign at an
existing commercial development at 2320 Western Avenue.

JB
SUP-71540 and SUP-71541 [PRJ-71377]
Staff Report Page Seven
October 10, 2017 - Planning Commission Meeting

Most Recent Change of Ownership


06/25/09 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#4700) was issued for a pylon sign located at 2320
05/23/72
Western Avenue. The permit was finalized on 06/06/72.
A building permit (#6065) was issued for a 900 square-foot pylon sign
07/10/72 located at 2320 Western Avenue. The permit was finalized on
07/20/72.
A building permit (#7163) was issued for a pole sign located at 2320
09/12/72
Western Avenue. The permit has not been finalized.
A building permit (#3627) was issued for a freestanding sign located at
04/12/84
2320 Western Avenue. The permit was finalized on 01/11/85.
A building permit (#7396) was issued for a freestanding sign located at
04/23/87
2320 Western Avenue. The permit was expired on 05/24/87.
A building permit (#4005847) was issued for a sign (Big O Tires)
03/16/04
located at 2320 Western Avenue. The permit has not been finalized.
A building permit (#7001558) was issued for a non-work certificate of
05/10/07 occupancy (Big O Tires) located at 2320 Western Avenue. The permit
was finalized on 06/06/07.
A building permit (#307193) was issued for a sewer investigation at
12/16/15 2320 Western Avenue. The permit received its final inspection on
12/24/15.
A building permit (#331085) was issued for tenant improvements
12/01/16 (Acres Medical) at 2320 Western Avenue. The permit has not been
finalized.
A building permit (#315427) was issued for interior non-structural
04/12/16 improvements (Acres Medical) at 2320 Western Avenue. The permit
has not been finalized.
A building permit (#307201) was issued for tenant improvements
04/27/16 (Acres Medical) at 2320 Western Avenue. The permit has not been
finalized.
A building permit (#334367) was issued for onsite improvements and
01/24/17 trash enclosure (Acres Medical) at 2320 Western Avenue. The permit
has not been finalized.
A business license (#M63-0013) was issued for a Medical Marijuana
Production Facility (Acres Medical, LLC) at 2320 Western Avenue. The
license is still active.
05/17/17
A business license (#M64-00005) was issued for a Medical Marijuana
Dispensary (Acres Medical, LLC) at 2320 Western Avenue. The
license is still active.

JB
SUP-71540 and SUP-71541 [PRJ-71377]
Staff Report Page Eight
October 10, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


A business license (#P65-00133) was issued for a Retail Marijuana
Store Recreational Sales (Acres Medical, LLC) at 2320 Western
Avenue. The license is still active.
06/29/17
A business license (#P65-00134) was issued for a Product
Manufacturing Facility Recreational Production (Acres Medical, LLC)
at 2320 Western Avenue. The license is still active.

Pre-Application Meeting
A pre-application meeting was held with staff where the submittal
08/24/17 requirements for a Major Amendment to two approved Special Use
Permits were discussed.

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

Field Check
Staff conducted a routine field check and noted a well maintained
commercial building, free of trash, debris and graffiti. However, staff
did notice that Marijuana Dispensary was advertising on the existing
08/31/17 freestanding sign and on a temporary A-frame sign adjacent to
Western Avenue. Also, one large window sign advertising the
dispensary has been installed next to the main entrance to the
building, which does not comply with Title 19.12 requirements.

Details of Application Request


Site Area
Gross Acres 1.43

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Marijuana
Subject LI/R (Light
Dispensary and M (Industrial)
Property Industrial/Research)
Production Facility
Mini-Storage LI/R (Light
North M (Industrial)
Facility Industrial/Research)

JB
SUP-71540 and SUP-71541 [PRJ-71377]
Staff Report Page Nine
October 10, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
General Retail
Recreational LI/R (Light
South M (Industrial)
Vehicle and Boat Industrial/Research)
Storage
Office, Other Than
LI/R (Light
East Listed M (Industrial)
Industrial/Research)
General Retail
Office, Other than LI/R (Light
West M (Industrial)
Listed Industrial/Research)

Master and Neighborhood Plan Areas Compliance


Downtown Centennial Plan Industrial Corridor District Y
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District (140 Feet) Y
LW-O (Live/Work Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Y
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Western
Major Collector Streets and 60 Feet Y
Avenue
Highways
Highland Drive Local Street Title 13 60 Feet Y

JB
SUP-71540 and SUP-71541 [PRJ-71377]
Staff Report Page Ten
October 10, 2017 - Planning Commission Meeting

Parking Requirement - Downtown


Gross Floor Base Parking Requirement Provided Compliance
Area or Parking Parking
Use Parking
Number of Ratio Handi- Handi-
Regular Regular
Units capped capped
Marijuana
Dispensary
& Marijuana 18,600 SF 1:175 SF 107
Production
Facility
TOTAL SPACES REQUIRED 107 87 Y*
Regular and Handicap Spaces Required 102 5 83 4 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.

Pursuant to Title 19.08, the following standards apply:


Freestanding Sign Existing
Standards Allowed Provided
1 sign per 200 linear feet of
Maximum Number One Sign
street frontage
2 SF per linear foot of street
Maximum Area 171 SF
frontage (420 SF)
Maximum Height 40 feet 31
Minimum Setback 5 feet from all property lines 13
Illumination Internal/external Internal LED

Pursuant to Title 19.08, the following standards apply:


Wall Sign - Existing
Standards Allowed Provided
Maximum Number Limited by total area One Wall Sign
20% of building elevation 3% of building elevation
Maximum Area
(520 SF) (68 SF)
12 inches above top of wall or
Maximum Height Sign is below parapet
parapet
Maximum Projection 4 feet from structure 5 inches from structure
Internal and external
Illumination Internal LED channel letters
illumination

JB
SUP-71540 and SUP-71541 [PRJ-71377]
Staff Report Page Eleven
October 10, 2017 - Planning Commission Meeting

Pursuant to Title 19.08 and Title 19.14, the following standards apply:
Roof Mounted Sign Existing Non-Conforming Sign
Standards Allowed Provided
One Sign per building
Maximum Number One Sign
Elevation
20% of building elevation 24%*
Maximum Area
(477 SF) (572 SF)
8 Feet above the wall or
Maximum Height 28 Feet*
parapet
Maximum Projection 4 feet from structure Zero Feet
Internal, external, animated
Illumination and electronic message unit Vinyl Graphics
signs
*The subject sign does not conform to current Title 19.08.120 requirements and has
deemed Non-Conforming Sign. The applicant has proposed to reface the existing sign
with vinyl graphics displaying a commercial message.

Waivers
Requirement Request Staff Recommendation
To allow the
Proposed signage at an proposed wall sign
approved Marijuana and existing
Dispensary and Marijuana freestanding and roof
Production Facility are limited mounted sign at an
to one wall sign per street approved Marijuana
frontage, the face of the sign Dispensary and
Approval
not to exceed thirty square Marijuana Production
feet in area and not to Facility that exceeds
exceed two feet in height. one wall sign per
Such a sign shall be street frontage, 30
internally illuminated, with the square feet in area
use of neon prohibited. and two feet in
height.

JB
SUP-71540



SUP-71540

A

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SUP-71540 and SUP-71541



SUP-71540 and SUP-71541



SUP-71540 and SUP-71541


A

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SUP-71540 and SUP-71541



SUP-71540 and SUP-71541



SUP-71540 and SUP-71541



SUP-71540 and SUP-71541



SUP-71540 and SUP-71541


A

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SUP-71540 and SUP-71541


SUP-71540 [PRJ-71377] - SPECIAL USE PERMIT RELATED TO SUP-71541 - APPLICANT: ACRES MEDICAL, LLC -
OWNER: 2320 WESTERN, LLC
2320 WESTERN AVENUE
08/31/2017
SUP-71540 [PRJ-71377] - SPECIAL USE PERMIT RELATED TO SUP-71541 - APPLICANT: ACRES MEDICAL, LLC -
OWNER: 2320 WESTERN, LLC
2320 WESTERN AVENUE
08/31/2017
SUP-71540 [PRJ-71377] - SPECIAL USE PERMIT RELATED TO SUP-71541 - APPLICANT: ACRES MEDICAL, LLC -
OWNER: 2320 WESTERN, LLC
2320 WESTERN AVENUE
08/31/2017
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SUP-71540 and SUP-71541


Agenda Item No.: 20.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71541 - SPECIAL USE PERMIT RELATED TO SUP-71540 - PUBLIC HEARING -
APPLICANT: ACRES MEDICAL, LLC - OWNER: 2320 WESTERN, LLC - For possible
action on a request for a Major Amendment to an approved Special Use Permit (SUP-55190)
FOR A PROPOSED 18,151 SQUARE-FOOT EXPANSION TO THE ORIGINALLY
APPROVED 449 SQUARE-FOOT MARIJUANA PRODUCTION FACILITY WITH A
WAIVER TO ALLOW SIGNAGE WHICH EXCEEDS THE ONE, 30 SQUARE-FOOT, TWO-
FOOT TALL WALL SIGN ALLOWED at 2320 Western Avenue (APN 162-04-404-003), M
(Industrial) Zone, Ward 3 (Coffin) [PRJ-71377]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 2 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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-71541



SUP-71541


Agenda Item No.: 21.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71542 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: ACRES
MEDICAL, LLC - OWNER: GDC REALTY, LLC - For possible action on a request for a
Special Use Permit FOR A PROPOSED 17,000 SQUARE-FOOT MARIJUANA
CULTIVATION FACILITY USE at 2310 Western Avenue (APN 162-04-404-002), M
(Industrial) Zone, Ward 3 (Coffin) [PRJ-71450]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 4 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest/Support Postcards
SUP-71542 [PRJ-71450]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: ACRES MEDICAL, LLC - OWNER: GDC
REALTY, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71542 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 22

NOTICES MAILED 287

PROTESTS 4

APPROVALS 1

JB
SUP-71542 [PRJ-71450]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71542 CONDITIONS

Planning

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


Marijuana Cultivation Facility use.

2. An air filtration system to be designed by a Nevada licensed engineer shall be


provided prior to the issuance of a certificate of occupancy.

3. Cultivation is limited to the interior of a building.

4. There shall be no on-premise consumption (the use, smoking, ingestion or


consumption of any marijuana, edible marijuana or marijuana infused product) on
the licensed premises.

5. All development shall be in conformance with the site plan and floor plan date
stamped 08/24/17, except as amended by conditions herein. Any modification of
the premises of a marijuana establishment shall be filed 60 days in advance of any
proposed construction. A full and complete copy of all architectural and building
plans shall be filed with the Director for a review of compliance with Title 6.95 and
Title 19. The Director shall review the plans and approve any modifications in
compliance with this chapter prior to the commencing of any construction of
modifications.

6. This approval shall be void eighteen months from the date of final approval, unless
exercised pursuant upon the issuance of a business license. An Extension of Time
may be filed for consideration by the City of Las Vegas.

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

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

JB
SUP-71542 [PRJ-71450]
Conditions Page Two
October 10, 2017 - Planning Commission Meeting

9. The presence of minors on the premises of a marijuana establishment is prohibited


unless the minor is a qualified patient on the premises of a dispensary and is
accompanied by his or her parent or legal guardian.

10. Approval of this Special Use Permit does not constitute approval of a marijuana
facility license.

11. This business shall operate in conformance to Chapter 6.95 of the City of Las
Vegas Municipal Code.

12. This Special Use Permit shall be reviewed biennially concurrently with the
associated business license, at which time the City Council may require the
termination of the use. The applicant shall be responsible for notification costs of
the review. Failure to pay for these costs may result in a requirement that the
Marijuana Cultivation Facility be removed.

13. All marijuana products shall remain in the original manufacturer's configuration
intended for off-sale.

14. A Marijuana Cultivation Facility shall obtain all required approvals from the State of
Nevada to operate such a facility prior to the Special Use Permit being exercised
pursuant to LVMC 19.16.110.

15. Conformance to all regulations pertaining to Marijuana Establishments found within


Nevada Revised Statute 453A and Nevada Administrative Code NAC 453A.

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

Public Works

17. Coordinate with the Environmental Compliance Section of the Department of


Public Works to determine appropriate pretreatment procedures, if any, required
for industrial effluent from this facility prior to occupancy of this site or a business
license for this use. Comply with the recommendations of the Environmental
Compliance Section. The Section may be contacted through John Solvie, 702-
229-6547 or email at jsolvie@lasvegasnevada.gov.

18. A Traffic Impact Analysis or other information acceptable to the City Traffic
Engineer must be submitted to and approved by the Department of Public Works
prior to issuance of any building or grading permits. Comply with the
recommendation of the City Traffic Engineer.

JB
SUP-71542 [PRJ-71450]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This application is a request for a Special Use Permit for a proposed 17,000 square-foot
Marijuana Cultivation Facility to be located at 2310 Western Avenue.

ISSUES

The applicant has proposed to move a previously approved Medical Marijuana


Cultivation Facility (SUP-55189) from 2320 Western Avenue (APN 162-04-404-003)
to a new parcel located at 2310 Western Avenue (APN 162-04-404-002).
The Medical Marijuana Cultivation Facility use is permitted within an M (Industrial)
zoning district with the approval of a Special Use Permit.
For the subject site to be eligible for a Marijuana Cultivation Facility, the subject site
must be in compliance with all minimum distance separation requirements, pursuant
to Title 19.12, as set forth by adopted Ordinance No. 6321.
Simultaneous reviews of the business license application and the Special Use
Permit application were conducted. If either application failed to comply with their
respective requirements, both applications would have been deemed incomplete
and consequently rejected.

ANALYSIS

The Marijuana Cultivation Facility use is defined as An enclosed structure which


cultivates, delivers, transfers, transports, supplies, or sells marijuana to marijuana
dispensaries or marijuana production facilities. This use includes a cultivation facility,
as defined in NRS 453A.056 and a "marijuana cultivation facility" as defined in NRS
453D.030.

The justification letter states, The applicant is proposing a two phased cultivation
development for this project. The floor plan illustrates a 17,000 square-foot Medical
Marijuana Cultivation Facility with 1,665 square feet of designated as the phase one
area and 15,335 square feet designated as the proposed phase two area. Per the
submitted justification letter and floor plan, the proposed use meets the definition
outlined above.

The Minimum Special Use Permit Requirements for this use include:

JB
SUP-71542 [PRJ-71450]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

*1. Pursuant to its general authority to regulate the cultivation, production,


dispensing, and sale of marijuana, 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 marijuana cultivation facilities
and certain other uses that should be protected from the impacts associated with
a marijuana cultivation facility. Therefore, except as otherwise provided below, no
marijuana cultivation facility may be located within 1000 feet of any school; or
within 300 feet of any of the following uses:
a) City park;
b) Church/house of worship;
c) Individual care - family home, individual care - group home, or individual
care center (in each case licensed for the care of children);
d) Community recreational facility (public); or
e) Any use whose primary function is to provide recreational opportunities
to minors. Such uses include without limitation commercial
recreation/amusement (indoor or outdoor); library, art gallery or
museum (public); teen dance center; and martial arts studio that
provides instruction to minors.

The proposed use meets this requirement as there are no schools within 1,000
feet of the subject property, and there are no city parks, churches/houses of
worship, individual care centers facilities licensed for the care of children,
community recreational facilities (public) or any use whose primary function is to
provide recreational opportunities to minors within 300 feet of the subject
property.

*2. The distance separation referred to in Requirement 1 shall be measured with


reference to the shortest distance between two property lines, one being the
property line of the proposed medical marijuana cultivation facility which is
closest to the existing use to which the measurement pertains, and the other
being the property line of that existing use which is closest to the proposed
marijuana cultivation facility. The distance shall be measured in a straight line
without regard to intervening obstacles.

The proposed use meets this requirement; measurement is taken from the
property line of APN (162-04-404-002), located at 2310 Western Avenue.

*3. For the purpose of Requirement 2, and for that purpose only:
a. The property line of a protected use refers to the property line of a fee
interest parcel that has been created by an approved and recorded parcel
map or subdivision map, and does not include the property line of a
leasehold parcel; and
b. The property line of a marijuana cultivation facility refers to:

JB
SUP-71542 [PRJ-71450]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

i. The property line of a parcel that has been created by an


approved and recorded parcel map or commercial subdivision map;
or
ii. The property line of a parcel that is located within an approved
and recorded commercial subdivision and that has been created by
a record of survey or legal description, if:
A. Using the property line of that parcel for the purpose of
measuring the distance separation referred to in
Requirement 1 would qualify the parcel under the distance
separation requirement;

B. The proposed medical marijuana cultivation facility 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 marijuana cultivation facility will be
located;

The established location is not within a commercial subdivision. The subject site
is an existing commercial development and did not require the creation of a
separate parcel to meet the distance separation requirements. As such,
Subsection 3.b.ii is not applicable and the site is in conformance with this
requirement.

*4. When a marijuana cultivation facility authorized pursuant to NRS Chapter


453D (the "Chapter 453D facility") is proposed to be located within a cultivation
facility that is authorized pursuant to NRS Chapter 453A (the "Chapter 453A
facility"), and the Chapter 453A facility has obtained special use permit approval
as of July 1, 2017, the applicable distance separation requirements under
Requirement 1 for the proposed Chapter 453D facility shall be those that were in
effect at the time of special use permit approval for the Chapter 453A facility. A
Chapter 453D facility that has received special use permit approval,
either pursuant to a new special use permit or by means of a review of conditions
under an existing special use permit, shall be deemed a conforming use for
purposes of this Title.

This condition is not applicable, as the marijuana cultivation facility is not


proposed to be located within a cultivation facility that is authorized pursuant to
NRS Chapter 453A (the "Chapter 453A facility"), and the Chapter 453A facility
and has obtained special use permit approval as of July 1, 2017.

*5. The use shall conform to, and is subject to, the provisions of LVMC Title 6, as
they presently exist and may be hereafter amended.

JB
SUP-71542 [PRJ-71450]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

The use shall conform to, and is subject to, the provisions of LVMC Title 6, as
such provisions may be presently adopted or hereafter amended.

*6. No outside storage shall be permitted, including the use of shipping


containers for on-site storage.

The proposed use meets this requirement, as no outside storage, including


shipping containers, has been denoted within the submitted site plan.

*7. An air filtration system to be designed by a Nevada licensed engineer shall be


provided prior to the issuance of a certificate of occupancy.

An air filtration system to be designed by a Nevada licensed engineer shall be


provided prior to the issuance of a Certificate of Occupancy.

*8. Signage for the establishment shall be limited to one wall sign per street
frontage, the face of the sign not to exceed thirty square feet in area and not to
exceed two feet in height. Such a sign shall be internally illuminated, with the use
of neon prohibited.

Signage for the establishment shall be limited to one wall per street frontage, the
face of the sign not to exceed thirty square feet in area and not to exceed two
feet in height. Such a sign shall be internally illuminated, with the use of neon
prohibited. The proposed use complies with this requirement, as the submitted
building elevations illustrate no wall signs.

*9. The Special Use Permit shall be void without further action if the uses ceases
for a period exceeding 90 days.

The Special Use Permit shall be void without further action if the uses ceases for
a period exceeding 90 days.

The use will be subject to this requirement if the Special Use Permit is approved
and exercised.

*10. A Medical Marijuana Cultivation Facility shall obtain all required approvals
from the State of Nevada to operate such a facility prior to the Special Use
Permit being exercised pursuant to LVMC 19.16.110.

The use will be subject to this requirement if the Special Use Permit is approved
and prior to it being exercised.

JB
SUP-71542 [PRJ-71450]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

11. The use may not be located under the same roof as another use, except a
marijuana cultivation facility, marijuana dispensary or marijuana production
facility.

The use may not be located under the same roof as another use, except a
marijuana cultivation facility, marijuana dispensary or marijuana production
facility. There are no other land uses located under the same roof as the
proposed Medical Marijuana Cultivation Facility use.

The proposed use would occupy an existing 17,000 square-foot standalone building,
which is located on a developed commercial property at 2310 Western Avenue. The
subject site provides zero parking spaces where 17 parking spaces are required and
does not conform to Title 19.12 parking requirements for the marijuana cultivation
facility use. However, the subject site is located within the Las Vegas Downtown
Centennial Plan Industrial Corridor District where properties are not subject to the
automatic application of parking requirements. Staff has determined that the immediate
surrounding area provides ample on street parking to support the use. Other than the
Minimum Special Use Permit Requirements found within Title 19.12, there are no
special development requirements pertaining to the site.

This parcel is currently served but does not have the required backflow prevention per
NAC 445A.67195. Civil and plumbing plans will need to be submitted to the Las Vegas
Valley Water District (LVVWD) for domestic meter sizing, fire flow availability and
backflow retrofit.

The subject site complies with all minimum distance requirements as set forth by Title
19.12, and therefore the use can be conducted in a compatible and harmonious manner
with the existing surrounding land uses and future land uses as projected by the
General Plan. As such, staff recommends approval of the proposed use with standard
conditions. If denied, no Marijuana Cultivation Facility would be permitted to be
established at this site.

FINDINGS (SUP-71542)

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

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


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

JB
SUP-71542 [PRJ-71450]
Staff Report Page Six
October 10, 2017 - Planning Commission Meeting

The subject site complies with all minimum distance requirements as set forth by
Title 19.12 and therefore the use can be conducted in a compatible and
harmonious manner with the existing surrounding land uses and future land uses
as projected by the General Plan.

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

The site contains an existing 17,000 square-foot standalone building. The


subject site is located within the Downtown Centennial Plan Overlay District,
where Title 19.12 parking requirements are not automatically applied, although
additional parking is available in the vicinity through on-street parking.

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


adequate in size to meet the requirements of the proposed use.

The proposed Marijuana Cultivation Facility can be accessed from Western


Avenue, an 80-foot Major Collector as depicted on the Master Plan of Streets
and Highways, which has adequate capacity to serve the proposed
development. Secondary access is also provided Highland Drive a 60-foot
Local Street located in the rear of the property.

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 Marijuana Cultivation Facility use will be subject to regular City
and County inspections for licensing and will therefore not compromise the
public health, safety, and general welfare or any objective of the General Plan.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Medical Marijuana Cultivation Facility use meets all distance
separation requirements per Title 19.12. Conditions of approval will ensure
conformance with all other minimum requirements for this use.

JB
SUP-71542 [PRJ-71450]
Staff Report Page Seven
October 10, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc


The City Council approved a request for a General Plan Amendment
(GPA-9219) to change the Future Land Use designation to
Commercial, Mixed Use, Industrial or Public Facilities on various
05/17/06 parcels located within the proposed Las Vegas Redevelopment Plan
area and within the proposed Redevelopment Plan expansion area.
The Planning Commission and Staff recommended approval of the
request.
The City Council approved a request for a Special Use Permit (SUP-
31893) for a proposed 40-foot tall, 14-foot by 48-foot Off-Premise Sign
02/04/09
(Billboard) at 2310 Western Avenue. The Planning Commission and
Staff recommended approval of the request.
The Department of Planning refunded a request for a Required Review
01/09/13 (RQR-47137) as the previously approved Special Use Permit (SUP-
31893) had expired.

Most Recent Change of Ownership


06/30/17 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A business license (#R60-03278) was issued for repair and
09/18/08 maintenance (OJT Services, LLC) located at 2310 Western Avenue.
The license is still active.
A building permit (#127539) was issued for tenant improvements
01/02/09 (Same Day Sheet Metal, Inc.) located at 2310 Western Avenue. The
permit was finalized on 03/24/09.
A Code Enforcement Case (#81624) was processed for graffiti on
09/08/09 buildings located at 2310 Western Avenue. The case was resolved on
09/28/09.
A building permit (#180453) was issued for a off-premise sign
02/03/11 (Billboard) (AD America) located at 2310 Western Avenue. The permit
has not been finalized.
A building permit (#210656) was processed for a off-premise sign
05/09/12 (Billboard) (AD America) located at 2310 Western Avenue. The permit
has not been issued or finalized.

JB
SUP-71542 [PRJ-71450]
Staff Report Page Eight
October 10, 2017 - Planning Commission Meeting

Pre-Application Meeting
A pre-application meeting was conducted with the applicant to go over
08/16/17 the application materials and submittal requirements for a Special Use
Permit for a proposed Marijuana Cultivation use.

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

Field Check
Staff conducted a field check of the subject property and noted the site
08/31/17
was a well maintained commercial development.

Details of Application Request


Site Area
Gross Acres 0.60

Planned or
Surrounding Existing Land Use Existing Zoning
Special Land Use
Property Per Title 19.12 District
Designation
Subject LI/R (Light
Warehouse M (Industrial)
Property Industry/Research)
LI/R (Light
North General Retail M (Industrial)
Industry/Research)
Marijuana
LI/R (Light
South Dispensary/Production M (Industrial)
Industry/Research)
Facility
Office, Other than
LI/R (Light
East Listed M (Industrial)
Industry/Research)
Truck Rental
Warehouse
LI/R (Light
West Office, Other than M (Industrial)
Industry/Research)
Listed

Master and Neighborhood Plan Areas Compliance


Downtown Centennial Plan Industrial Corridor District Y

JB
SUP-71542 [PRJ-71450]
Staff Report Page Nine
October 10, 2017 - Planning Commission Meeting

Special Area and Overlay Districts Compliance


A-O (Airport Overlay) District (175 Feet) Y
DCP-O (Downtown Centennial Plan Overlay) District Y
LW-O (Live/Work Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Y
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Western Master Plan of
Major Collector 60 Feet Y
Avenue Streets & Highways

Parking Requirement - Downtown


Gross Floor Base Parking Requirement Provided Compliance
Area or Parking Parking
Use Parking
Number of Ratio Handi- Handi-
Regular Regular
Units capped capped
Marijuana
Cultivation 17,000 SF 1:1000 17
Facility
TOTAL SPACES REQUIRED 17 0 Y*
Regular and Handicap Spaces Required 16 1 0 0 Y*
*Projects located within the Las Vegas Downtown Centennial Plan area are not subject to
the automatic application of parking requirements. However, the above table should be
used to illustrate the requirements of an analogous project in another location in the City.

JB
SUP-71542


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SUP-71542 [PRJ-71450] - SPECIAL USE PERMIT - APPLICANT: ACRES MEDICAL, LLC - OWNER: GDC REALTY,
LLC
2310 WESTERN AVENUE
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SUP-71542
Agenda Item No.: 22.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71235 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: OJAX, LLC -
OWNER: SAHARA 3D, LLC - For possible action on a request for a Special Use Permit FOR A
4,945 SQUARE-FOOT RESTAURANT WITH ALCOHOL USE at 4760 West Sahara Avenue,
Suites #13 through #18 (APN 162-06-402-001), C-1 (Limited Commercial) Zone, Ward 1
(Tarkanian) [PRJ-71201]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 2
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Support Postcards
SUP-71235 [PRJ-71201]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: OJAX, LLC - OWNER: SAHARA 3D, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71235 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 22

NOTICES MAILED 1012

PROTESTS 0

APPROVALS 0

NE
SUP-71235 [PRJ-71201]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71235 CONDITIONS

Planning

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


Restaurant with Alcohol use, except as amended herein.

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

3. 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.

NE
SUP-71235 [PRJ-71201]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Restaurant with Alcohol at 4760 West Sahara Avenue, Suites
#13 through #18.

ISSUES

A Special Use Permit is required for the operation of a Restaurant with Alcohol in
the C-1 (Limited Commercial) zoning district.

ANALYSIS

Located on the northeast corner of Sahara Avenue and Decatur Boulevard, the subject
site is an existing 29.37 acre shopping center. The applicant has submitted plans to the
Department of Building and Safety for a tenant improvement of suites 13 through 18 for
a 4,945 square-foot restaurant. This is a request to be able to serve alcohol within the
restaurant in conjunction with a meal.

The Restaurant with Alcohol use is defined as A restaurant and bar operation with
alcoholic beverage sales in which:

1. The actual seating available at all times within the dining area will
accommodate at least 100 persons. For purposes of this requirement, the
dining area does not include bar stool seating at the bar or lounge
seating, but may include table or booth seating within the bar area and
table seating within a patio area;
2. Alcoholic beverages are served in the restaurant area only in conjunction
with the service of food;
3. Full-course meals are available during all hours the bar area is open to the
public;
4. A cook and food server, other than a bartender, are available at all times
the bar area is open to the public; and
5. The restaurant operation is the principal portion of the business.

The Minimum Special Use Permit Requirements for this use include:

NE
SUP-71235 [PRJ-71201]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

1. Requirement 1: No restaurant with alcohol use shall be located within 400 feet of
any church/house of worship, school, individual care center licensed for more
than 12 children, or City park.

The proposed use meets this requirement as there is no church/house of


worship, school, individual care center licensed for more than 12 children, or City
park within 400 feet of the shopping center.

2. Requirement 2: Except as otherwise provided in Requirement 3 below, the


minimum distances referred to in Requirement 1 shall be determined with
reference to the shortest distance between two property lines, one being the
property line of the proposed restaurant with alcohol which is closest to the
existing use to which the measurement pertains, and the other being the property
line of that existing use which is closest to the proposed restaurant with alcohol.
The distance shall be measured in a straight line without regard to intervening
obstacles. For purposes of measurement, the term property line refers to
property lines of fee interest parcels and does not include the property line of:
a. Any leasehold parcel; or
b. Any parcel which lacks access to a public street or has no area for on-site
parking and which has been created so as to avoid the distance limitation
described in Requirement 1.

The minimum distances measured comply with Requirement 2.

3. Requirement 3: In the case of a restaurant with alcohol proposed to be located


on a parcel of at least 80 acres in size, the minimum distances referred to in
Requirement 1 shall be measured in a straight line:
a. From the nearest property line of the existing use to the nearest portion of the
structure in which the restaurant with alcohol will be located, without regard to
intervening obstacles; or
b. In the case of a proposed restaurant with alcohol which will be located within a
shopping center or other multiple-tenant structure, from the nearest property line
of the existing use to the nearest property line of a leasehold or occupancy parcel
in which the restaurant with alcohol will be located, without regard to intervening
obstacles.

This requirement does not apply as the subject site is less than 80 acres.

4. Requirement 4: When considering a Special Use Permit application for a


restaurant with alcohol which also requires a waiver of the distance limitation in
Requirement 1, the Planning Commission shall take into consideration the
distance policy and shall, as part of its recommendation to the City Council, state
whether the distance requirement should be waived and the reasons in support
of the decision.

NE
SUP-71235 [PRJ-71201]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

This requirement does not apply as the subject site has met the distance
separation requirements listed in Requirement 1.

5. Requirement 5: The minimum distance requirement in Requirement 1 does not


apply to an establishment which has a nonrestricted gaming license in
connection with a hotel having 200 or more guest rooms on or before July 1,
1992, or in connection with a resort hotel having in excess of 200 guest rooms
after July 1, 1992.

This requirement is not applicable as the subject site does not have a
nonrestricted gaming license.

6. Requirement 6: The parcel or use is operated or controlled by an agency or


subdivision of local, state or federal government. (C-V only)

This requirement is not applicable as the parcel and use is not controlled or
operated by an agency or subdivision of local, state or federal government.

7. Requirement 7: All businesses which sell alcoholic beverages shall conform to


the provisions of LVMC Chapter 6.50.

This is a non-waivable requirement and the proposed use will be subject to


regular inspection to ensure compliance.

The subject site has met all minimum Special Use Permit requirements set forth by Title
19.12 and is located within an established shopping center that was designed for a
variety of uses including a Restaurant with Alcohol use; therefore, staff is
recommending approval of this request.

FINDINGS (SUP-71235)

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

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


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

The subject site is surrounded by existing commercial and multi-family residential


uses with the subject suites being located within an established shopping center
designed to offer a variety of services to area residents. The proposed use can be
conducted in a manner that is harmonious and compatible with existing
surrounding land uses.

NE
SUP-71235 [PRJ-71201]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

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

The subject site is an existing shopping center that was designed to


accommodate the type and intensity of land use proposed.

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


adequate in size to meet the requirements of the proposed use.

The subject site is located on the northeast corner of Sahara Avenue and Decatur
Boulevard, two Primary Arterials designated by the Master Plan of Streets and
Highways. Both Sahara Avenue and Decatur Boulevard are adequate in size to
serve the proposed use and the shopping center it will be located in.

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 Restaurant with Alcohol will be subject to regular inspections, thus
protecting the public health, safety, and welfare.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Restaurant with Alcohol meets all minimum Special Use
Requirements set forth by Title 19.12.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The Planning Commission approved a request for a Plot Plan Review
(Z-0057-87) for a proposed shopping center on property located on the
05/12/98 northeast corner of Decatur Boulevard and Sahara Avenue, R-1
(Single Family Residential), R-3 (Medium Density Residential) and C-1
(Limited Commercial) Zones (under Resolution of Intent to C-1).

Most Recent Change of Ownership


Month/date/year A deed was recorded for a change in ownership.

NE
SUP-71235 [PRJ-71201]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


A building permit (#102816) was issued for an occupancy investigation
11/27/07 for a restaurant at 4760 West Sahara Avenue, Suite 13. The permit
received its final inspection on 10/17/08.
A building permit (#105468) was issued for electrical work at 4760
01/09/08 West Sahara Avenue, Suite 13. The permit received its final inspection
on 03/13/08.
A building permit (#106007) was issued for an interior wall at 4760
01/15/08 West Sahara Avenue, Suite 13. The permit received its final inspection
on 02/26/09.
A building permit (#338727) was issued for an occupancy investigation
03/28/17 for a restaurant at 4760 West Sahara Avenue, Suite 13. The permit is
open.
Construction documents have been submitted for a tenant
07/19/17 improvement at 4760 West Sahara Avenue, Suite 13. The plans are
still under review.

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
07/19/17 requirements for a Special Use Permit and Minimum Special Use
Permit requirements for a Restaurant with Alcohol were discussed.

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

Field Check
Staff did not note any areas of concern during a routine field check of
08/31/17
the subject site.

Details of Application Request


Site Area
Net Acres 29.37

NE
SUP-71235 [PRJ-71201]
Staff Report Page Six
October 10, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject C-1 (Limited
Shopping Center MXU (Mixed Use)
Property Commercial)
Government C-1 (Limited
PF (Public Facility)
Facility Commercial)
M (Medium Density R-3 (Medium Density
North Multi-Family
Residential) Residential)
C-2 (General
Shopping Center C (Commercial)
Commercial)
C-2 (General
CG (Commercial
South Shopping Center Commercial) Clark
General) Clark County
County
C-1 (Limited
Shopping Center MXU (Mixed Use)
Commercial)
East
M (Medium Density R-3 (Medium Density
Multi-Family
Residential) Residential)
Office, Other Than C-1 (Limited
Listed Commercial)
West MXU (Mixed Use)
C-2 (General
Hospital
Commercial)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
No Applicable Special Area or Overlay Districts N/A
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Redevelopment Area 2 Y
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

NE
SUP-71235 [PRJ-71201]
Staff Report Page Seven
October 10, 2017 - Planning Commission Meeting

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Sahara
Primary Arterial Streets and 150 Y
Avenue
Highways
Master Plan of
Decatur
Primary Arterial Streets and 120 Y
Boulevard
Highways

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
Shopping
336,829 SF 1:250 1,408 Y
Center
TOTAL SPACES REQUIRED 1,348 1,408 Y
Regular and Handicap Spaces Required 1,321 27 1,363 45 Y

NE
SUP-71235

SUP-71235
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SUP-71235
SUP-71235 [PRJ-71201] - SPECIAL USE PERMIT - APPLICANT: OJAX, LLC - OWNER: SAHARA 3D, LLC
4760 WEST SAHARA AVENUE, SUITES #13 THROUGH #18
08/31/2017
SUP-71235 [PRJ-71201] - SPECIAL USE PERMIT - APPLICANT: OJAX, LLC - OWNER: SAHARA 3D, LLC
4760 WEST SAHARA AVENUE, SUITES #13 THROUGH #18
08/31/2017
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SUP-71235
Agenda Item No.: 23.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71397 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: HAMPTON
RESTAURANT - OWNER: GREAT WASH PARK, LLC - For possible action on a request for
a Special Use Permit FOR A PROPOSED 4,573 SQUARE-FOOT RESTAURANT WITH
ALCOHOL USE INCLUDING A 2,057 SQUARE FEET OF OUTDOOR SEATING AREA
WITH A WAIVER TO ALLOW A 141-FOOT DISTANCE SEPARATION FROM A CITY
PARK WHERE 400 FEET IS REQUIRED at 440 South Rampart Boulevard, Suite #180 (APN
138-32-615-001), C-2 (General Commercial) Zone, Ward 2 (Seroka) [PRJ-71380]. Staff
recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Support Postcard
SUP-71397 [PRJ-71380]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: HAMPTON RESTAURANT - OWNER: GREAT
WASH PARK, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71397 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 32

NOTICES MAILED 821

PROTESTS 0

APPROVALS 0

JB
SUP-71397 [PRJ-71380]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71397 CONDITIONS

Planning

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


Restaurant with Alcohol use.

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

3. A Waiver from Title 19.12 is hereby approved, to allow a 141-foot distance


separation from a city park where 400 feet is required.

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

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

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

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

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

JB
SUP-71397 [PRJ-71380]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is requesting to establish a Restaurant with Alcohol use at 440 South
Rampart Boulevard, Suite #180 located within an existing mixed-use development in
Tivoli Village. The proposed establishment will occupy 4,623 square feet of interior
space in addition to 2,771 square feet of outdoor patio space.

ISSUES

The Restaurant with Alcohol use is permitted in the C-2 (General Commercial)
zoning district with the approval of a Special Use Permit.
A distance separation Waiver is required to allow the Restaurant with Alcohol use
141 feet from a City park where 400 feet is the minimum required. Staff supports the
Waiver for distance separation as the proposed Restaurant with Alcohol use has no
pedestrian access to the existing park.

ANALYSIS

The applicant is proposing to establish a Restaurant with Alcohol use for an existing
restaurant located in an existing mixed-use development at 440 South Rampart
Boulevard, Suite #180. The subject site is located with the C-2 (General Commercial)
zoning district. The existing restaurant is 4,573 square feet in size with a 2,057 square-
foot outdoor seating area and has seating for 193 people. The Restaurant with Alcohol
use will be ancillary to the existing restaurant located in the subject tenant space.

The subject site is located within an existing 775,890 square-foot mixed-use


development. The existing development provides shares access and parking throughout
the subject site. The proposal adheres to all minimum parking requirements.

A Restaurant with Alcohol use is described in Tile 19.12 as: A restaurant and bar
operation with alcoholic beverage sales in which:

1. The actual seating available at all times within the dining area will
accommodate at least 100 persons. For purposes of this requirement, the
dining area does not include bar stool seating at the bar or lounge seating,
but may include table or booth seating within the bar area and table seating
within a patio area;

JB
SUP-71397 [PRJ-71380]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

2. Alcoholic beverages are served in the restaurant area only in conjunction with
the service of food;
3. Full-course meals are available during all hours the bar area is open to the
public;
4. A cook and food server, other than a bartender, are available at all times the
bar area is open to the public; and
5. The restaurant operation is the principal portion of the business.

Minimum Special Use Permit Requirements:


1. No restaurant with alcohol use shall be located within 400 feet of any
church/house of worship, school, individual care center licensed for more than 12
children, or City park.

The proposed use does meet this requirement, as the proposed site is located
141 feet away of from a City park. The applicant has requested a Waiver to this
distance separation requirement.

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


to in Requirement 1 shall be determined with reference to the shortest distance
between two property lines, one being the property line of the proposed
establishment which is closest to the existing use to which the measurement
pertains, and the other being the property line of that existing use which is
closest to the proposed establishment. The distance shall be measured in a
straight line without regard to intervening obstacles. For purposes of
measurement, the term property line refers to property lines of fee interest
parcels and does not include the property line of:
a. Any leasehold parcel; or
b. Any parcel which lacks access to a public street or has no area for on-
site parking and which has been created so as to avoid the distance
limitation described in Requirement 1.

Distances have been measured from Commercial Subdivision Village at


Queensridge Book 143, Page 49.

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


80 acres in size, the minimum distances referred to in Requirement 1 shall be
measured in a straight line:
a. From the nearest property line of the existing use to the nearest portion
of the structure in which the establishment will be located, without regard
to intervening obstacles; or
b. In the case of a proposed establishment which will be located within a
shopping center or other multiple tenant structure, from the nearest

JB
SUP-71397 [PRJ-71380]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

property line of the existing use to the nearest property line of a leasehold
or occupancy parcel in which the establishment will be located, without
regard to intervening obstacles.

Not applicable, the subject site is not located on a parcel of at least 80 acres of
size, the assessor list the subject property at 28.43 acres.

4. When considering a Special Use Permit application for an establishment which


also requires a waiver of the distance limitation in Requirement 1, the Planning
Commission shall take into consideration the distance policy and shall, as part of
its recommendation to the City Council, state whether the distance requirement
should be waived and the reasons in support of the decision.

The proposed site is located 141 feet away of a City park where 400 feet is
required, which represents a 65% reduction from code requirements. In addition,
the subject property is separated from the existing City park and provides no
pedestrian access. Staff has determined that since there is no pedestrian access
there is ample separation from the existing City park.

5. The minimum distance requirement in Requirement 1 does not apply to an


establishment which has a non-restricted gaming license in connection with a
hotel having 200 or more guest rooms on or before July 1, 1992, or in connection
with a resort hotel having in excess of 200 guest rooms after July 1, 1992.

This condition is not applicable as the subject site is not located within a
establishment which has a non-restricted gaming license in connection with a
hotel having 200 or more guest rooms.

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


local, state or federal government. (C-V only)

This condition is not applicable; the proposed use is not located in a C-V (Civic)
zoning district.

* 7. All businesses which sell alcoholic beverages shall conform to the provisions
of LVMC Chapter 6.50.

The proposed use will be subject to all business licensing requirements outlined
in LVMC Chapter 6.50 if approved.

The proposed use is located within 141 feet of City park to the northeast where a 400-
foot minimum distance separation is required. The proposed location of this use fails to

JB
SUP-71397 [PRJ-71380]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

comply with the minimum distance separation requirements for a Special Use Permit.
The requested Waiver to allow a 141-foot distance separation from a City park
represents a 65% reduction from the required 400-foot separation mandated by Title 19.
Staff has determined that since there is no reasonable means of access from the City
park to the Mixed-Use development, there is ample separation from the existing City
park. Staff has added a condition of approval requiring the business conform to all
provisions of LVMC Chapter 6.50 with regards to running a restaurant with alcohol
license. It has been determined that the proposed Restaurant with Alcohol use can be
conducted in a manner that is compatible with the surrounding land uses, therefore,
staff is recommending approval, as the use is considered appropriate for the
surrounding area.

FINDINGS (SUP-71397)

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

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


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

The subject suite was previously approved to operate as a Tavern and Restaurant
with Alcohol use and is currently operating as a restaurant. The proposed
Restaurant with Alcohol use will be ancillary to the existing restaurant use at the
subject site. The proposed use is compatible with the surrounding land uses and
can be conducted in a manner that is harmonious with surrounding land uses.

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

The subject site is located within an existing mixed-use development that is


physically suitable for the intensity of the proposed land use.

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


adequate in size to meet the requirements of the proposed use.

Access to the site will not change. Vehicles may enter the property from Rampart
Boulevard a 100-foot Primary Arterial; and Alta Drive a 80-foot Major Collector, as
classified by the Master Plan of Streets and Highways.

4. Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.

JB
SUP-71397 [PRJ-71380]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

Approval of this Special Use Permit will not compromise the public health safety
and general welfare of the public. The use will be subject to regular inspections
and is subject to licensing restrictions.

5. The use meets all of the applicable conditions per Title 19.12.

With the exception of the Waiver, the project meets the conditions of Title 19.12.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc


The City Council approved a Site Development Plan Review (SDR-
10770) for a 10-story Mixed-Use Development consisting of 699,000
square feet of commercial space and 340 residential units and a
04/19/06 Variance (VAR-10773) to allow 3,995 parking spaces where 4,961
parking spaces are required at the northeast corner of Rampart
Boulevard and Alta Drive. Planning Commission recommended
approval. Staff recommended denial.
The City Council approved a Special Use Permit (SUP-28998) for a
Supper Club and a Waiver to allow a 141-foot separation from a City
10/01/08 Park where 400 feet is the minimum required at the northeast corner of
Rampart Boulevard and Alta Drive. The Planning Commission and
staff recommended approval.
The City Council approved a Special Use Permit (SUP-30583) for a
proposed 12,195 square-foot Supper Club with a waiver to allow a
12/17/08 141-foot distance separation from a City park where 400 feet is
required at 440 South Rampart Boulevard, Suite #120. The Planning
Commission and staff recommended approval.
The City Council approved a Special Use Permit (SUP-34175) for a
proposed Liquor Establishment (Tavern) with waivers to allow a
distance separation of 141 feet from a City Park and to allow no
07/01/09
distance separation from a similar use where 1,500 feet is required at
330 South Rampart Boulevard, Suite #215. Staff recommended
approval.
The Planning Commission approved a Special Use Permit (SUP-
39146) for a Liquor Establishment (Tavern) with waivers to allow a
distance separation of 141 feet from a City park and to allow no
09/23/10
distance separation from a similar use where 1,500 feet is required at
440 South Rampart Boulevard, Suite #180. Staff recommended
approval.

JB
SUP-71397 [PRJ-71380]
Staff Report Page Six
October 10, 2017 - Planning Commission Meeting

Related Relevant City Actions by Planning, Fire, Bldg., etc


The Planning Commission approved a Special Use Permit (SUP-
39440) for a Supper Club with a waiver to allow a 141-foot distance
separation from a City park where 400 feet is required at 420 South
Boulevard, Suite #180 and a Special Use Permit (SUP-39441) for a
10/21/10
Liquor Establishment (Tavern) with waivers to allow a distance
separation of 141 feet from a City Park and to allow no distance
separation from a similar use where 1,500 feet is required at 440
South Rampart Boulevard, Suite #B190. Staff recommended approval.
The Planning Commission approved a Special Use Permit (SUP-
40087) for a proposed Supper Club with a waiver to allow a 141-foot
12/16/10
separation distance from a City park where 400 feet is required at 400
South Rampart Boulevard, Suite #190. Staff recommended approval.
The Planning Commission approved a Special Use Permit (SUP-
41030) for a proposed 2,946 square-foot Beer/Wine/Cooler On-Sale
04/12/11 Establishment use with a waiver to allow a 141-foot distance
separation from a City Park where 400 feet is required at 410 South
Rampart Boulevard, Suite #120. Staff recommended approval.
The Planning Commission approved a Special Use Permit (SUP-
40748) for a Liquor Establishment (Tavern), located at located at 430
South Rampart Boulevard, Suites #B160, B170 and B181 and a
05/10/11
Special Use Permit (SUP- 40749) for a Liquor Establishment (Tavern)
at 430 South Rampart Boulevard, Suite #B130. Staff recommended
approval.
The Planning Commission approved a request for a Special Use
05/08/12 Permit (SUP-43957) to allow an Indoor Swap Meet at 420 South
Rampart Boulevard, Suite #150. Staff recommended approval.
The City Council approved a request for a Special Use Permit (SUP-
07/10/12 45533) to allow a Supper Club at 430 South Rampart Boulevard, Suite
170. Staff recommended approval.
The City Council approved a request for a Special Use Permit (SUP-
45933) to allow a Beer/Wine/Cooler On- And Off-Sale Establishment
08/14/12
use at 420 South Rampart Boulevard, Suite #150. Staff recommended
approval.
The Planning Commission approved a request for a Special Use
09/11/12 Permit (SUP- 46271) to allow a Supper Club at 430 South Rampart
Boulevard, Suite 110. Staff recommended approval of the request.
The Planning Commission approved a request for a Special Use
Permit (SUP- 47802) for a supper club in conjunction with an existing
21,239 square-foot restaurant and beer/wine/cooler on and off-sale
02/12/13
establishment with a waiver to allow a 141-foot distance separation
from a city park where 400 feet is the minimum required at 420 South
Rampart Boulevard, Suite #150.

JB
SUP-71397 [PRJ-71380]
Staff Report Page Seven
October 10, 2017 - Planning Commission Meeting

Related Relevant City Actions by Planning, Fire, Bldg., etc


The Planning Commission approved a request for an Extension of
Time (EOT-49284) of an approved Special Use Permit (SUP-41304)
for a proposed 13,122 square-foot liquor establishment (tavern) within
a 28.44-acre mixed-use development with waivers to allow a distance
07/09/13
separation of 141 feet from a park where 1,500 feet is required and no
distance separation from a similar use where 1,500 feet is required at
430 South Rampart Boulevard, Suites #150 and #230. Staff
recommended approval of the request.
The Planning Department administratively approved a request for
Special Use Permit (SUP-50286) for a Minor Amendment to an
08/01/13 approved Special Use Permit (SUP-30583) for a proposed reduction in
floor area to a supper club at 440 South Rampart Boulevard, Suites
#120.
The City Council approved a request for a Master Sign Plan (MSP-
50954) for a Major Amendment of an approved Master Sign Plan
(MSP-40230) for an existing mixed-use development on 28.43 acres at
the northeast corner of Alta Drive and Rampart Boulevard. Staff
recommended denial of the request.
12/18/13
The City Council approved a request for a Variance (VAR-50955) to
allow 10 proposed freestanding signs to be spaced 35 feet apart
where six signs spaced at least 100 feet apart are allowed on 28.43
acres at the northeast corner of Alta Drive and Rampart Boulevard.
Staff recommended denial of the request.
The Planning Commission approved a request for a Site Development
Plan Review (SDR-52089) for a Major Amendment of an approved
Site Development Plan Review (SDR-10770) to reduce the southeast
01/14/14 side yard setback from 115 feet to 65 feet and to reduce the number of
residential units from 340 to 300 of an existing mixed-use development
on 28.43 acres at 330, 340, 350 and 360 South Rampart Boulevard.
Staff recommended approval of the request.
The Planning Department administratively approved a request for Site
Development Plan Review (SDR-54397) for a Minor Amendment of an
approved Site Development Plan Review (SDR-10770) to remove
building 13, incorporate building 14 into building 15, decrease total net
07/08/14
floor area from 793,925 square feet to 775,890 square feet and allow
minor faade improvements at an existing mixed use development on
a portion of 28.43 acres at 280, 320 and 340 South Rampart
Boulevard.

JB
SUP-71397 [PRJ-71380]
Staff Report Page Eight
October 10, 2017 - Planning Commission Meeting

Related Relevant City Actions by Planning, Fire, Bldg., etc


The Planning Commission approved a request for a Special Use
Permit (SUP-54786) for a Beer/Wine/Cooler On-Sale establishment in
conjunction with an existing 2,161 square-foot restaurant with a 65
08/12/14 square-foot outdoor patio with a waiver to allow a 141-foot distance
separation from a city park where 400 feet is the minimum required at
420 South Rampart Boulevard, Suite #150. Staff recommended
approval of the request.
The Department of Planning administratively approved a request for a
Minor Amendment (SDR-55833) of an approved Site Development
09/11/14 Plan Review (SDR-10770) for minor revisions to building facades on
buildings 5 and 11 of an existing mixed use development at 330 and
350 South Rampart Boulevard.
The Planning Commission approved a request for a Special Use
Permit (SUP-58332) for a proposed 4,623 square-foot Restaurant with
Alcohol use with 2,771 square feet of outdoor seating area with a
05/12/15
waiver to allow a 141-foot distance separation from a City park where
400 feet is required at 440 South Rampart Boulevard, Suite #180.
Staff recommended approval of the request.

Most Recent Change of Ownership


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

Related Building Permits/Business Licenses


A building permit (#07002966) was issued for a shell building at 440
02/23/09
South Rampart Boulevard. The permit was finalized on 05/16/11.
A building permit (#173888) was issued for tenant improvements
12/02/10 (Petra Restaurant) for a restaurant at 440 South Rampart Boulevard,
Suite #180. The permit was finalized on 05/25/11.
A building permit (#184177) was issued for a sign (Petra Restaurant)
03/28/11 at 440 South Rampart Boulevard, Suite #180. The permit was finalized
on 10/03/11.
A business license (R09-01620) was issued for a restaurant (Poppy
04/26/11 Den) at 440 South Rampart Boulevard, Suite #180. The business was
expired on 07/01/14.
A building permit (#194509) was issued for tenant improvements
(Petra Restaurant) for an addition to an existing restaurant at 440
09/06/11
South Rampart Boulevard, Suite #180. The permit was finalized on
02/06/12.

JB
SUP-71397 [PRJ-71380]
Staff Report Page Nine
October 10, 2017 - Planning Commission Meeting

Related Relevant City Actions by Planning, Fire, Bldg., etc


A business license (L16-00379) was issued for a tavern (Poppy Den)
12/06/12 at 440 South Rampart Boulevard, Suite #180. The license expires
10/01/17 with a non-operating license (NOP14-01012).
A building permit (#226474) was issued for a sign (Poppy Den) at 440
12/26/12 South Rampart Boulevard, Suite #180. The permit has not been
finalized.
A business license (G63-00592) was issued for a restaurant (Tapas by
Alex Stratta) at 440 South Rampart Boulevard, Suite #180. The
business was marked out 03/01/16.
A business license (P63-00080) was issued for a restaurant with
03/18/15 alcohol (Tapas by Alex Stratta) at 440 South Rampart Boulevard, Suite
#180. The business was marked non-operational on 04/01/16.
A business license (L63-00080) was issued for a restaurant with
alcohol (Tapas by Alex Stratta) at 440 South Rampart Boulevard, Suite
#180. The business was marked non-operational on 02/03/16.
A building permit (#284168) was issued for a sign (Tapas) at 440
04/20/15 South Rampart Boulevard, Suite #180. The permit was finalized on
12/24/15
A business license (G65-05380) was processed for a restaurant
(Hamptons) at 440 South Rampart Boulevard, Suite #180. The license
is still active.
08/14/17
A business license (P65-00191) was issued for a restaurant with
alcohol (Hamptons) at 440 South Rampart Boulevard, Suite #180. The
license is currently temporarily active.

Pre-Application Meeting
A pre-application meeting was conducted with the applicant to go over
08/08/17 the application materials and submittal requirements for a Special Use
Permit for a proposed Restaurant with Alcohol use.

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

Field Check
08/31/17 The site contains an existing well maintained mixed-use development.

JB
SUP-71397 [PRJ-71380]
Staff Report Page Ten
October 10, 2017 - Planning Commission Meeting

Details of Application Request


Site Area
Gross Acres 28.43

Existing Land
Surrounding Planned or Special Existing Zoning
Use Per Title
Property Land Use Designation District
19.12
Subject Mixed-Use GC (General C-2 (General
Property Development Commercial) Commercial)
Commercial
PR-OS
Recreation and
North (Parks/Recreation/Open C-V (Civic)
Amusement
Space)
(Outdoor)
Undeveloped
[approved
SC (Service PD (Planned
South Shopping Center
Commercial) Development)
and Multi-Family
Development]
Single-Family,
L (Low Density R-1 (Single Family
East Detached
Residential) Residential)
Dwellings
SC (Service C-1 (Limited
West Hotel/Casino
Commercial) Commercial)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
No Applicable Special Area or Overlay Districts N/A
Other Plans or Special Requirements Compliance
Trails Y
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

JB
SUP-71397 [PRJ-71380]
Staff Report Page Eleven
October 10, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Rampart Master Plan of
Primary Arterial 100 Y
Boulevard Streets & Highways
Master Plan of
Alta Drive Major Collector 80 Y
Streets & Highways

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

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

JB
SUP-71397



CLV Planning - Application Form
Application Number: PRJ-71380

Application/Petition For: PRJ-71380 - SUP

ProjectAddress (Location): 440 S RAMPART BLVD, SUITE #180

Project Name RESTAURANT WITH ALCOHOL - HAMPTONS

Assessors Parcel #(s): 13832615001

Ward #: WARD 2 (STEVEN G. SEROKA)

Is the Application Information Yes


Correct:
If no, ...change what

General Plan Designation: Proposed: Select

Zoning District: Proposed: Select

Gross Acres:

Lots/Units:

Additional Information: Re-establishing a use permit that expired following the exodus of the previous tenant. Within a 26 acre
mixed use development
Applicant First Name: Hamptons

Applicant Last Name: Wild Thyme Restaurant Group

Applicant Address: 3975 Birch Street Suite D

Applicant City: Newport Beach

Applicant State: CA

Applicant Zip: 92660

Applicant Phone:

Applicant Fax:

Applicant Email: heinrich@wildthymegroup.com

Rep First Name: Brown, Brown & Premsrirut

Rep Last Name: contact: Lora Dreja

Rep Address: 520 South 4th Street

Rep City: Las Vegas

Rep State: NV

Rep Zip: 89144

Rep Phone: (702) 598-1408

Rep Fax:

Rep Email: Lora@Brownlawlv.com

8/31/2017 2:38:14 PM SUP-71397 Page 1 of 2


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

If no, ...change what

Owner(s) ADDR1 ADDR2


GREAT WASH PARK L L C 9525 HILLWOOD DR #100 LAS VEGAS, NV 89134

CLVEPLAN Applicant Company Title Email


Lora Dreja Brown, Brown & Premsrirut Land Entitlements lora@brownlawlv.com

8/31/2017 2:38:14 PM
SUP-71397 Page 2 of 2
SUP-71397



SUP-71397

SUP-71397
SUP-71397


SUP-71397


SUP-71397


SUP-71397 [PRJ-71380] - SPECIAL USE PERMIT - APPLICANT: HAMPTON RESTAURANT - OWNER: GREAT
WASH PARK, LLC
440 SOUTH RAMPART BOULEVARD, SUITE #180
08/31/2017
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7;7777777;77

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77

7
7
7777



SUP-71397
Agenda Item No.: 24.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71442 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: UNIVERSAL
LAUNDRY - OWNER: ADAR B ENTERPRISES, LLC AND LINCOLN CENTER
PROPERTIES, LLC - For possible action on a request for a Special Use Permit FOR AN
ALTERNATIVE PARKING STANDARD TO ALLOW 129 PARKING SPACES WHERE 178
PARKING SPACES ARE REQUIRED FOR A PROPOSED EXPANSION OF A CLEANERS,
COMMERCIAL/INDUSTRIAL USE at 240, 250 and 260 Spectrum Boulevard (APNs 139-36-
710-020 and 021), M (Industrial) Zone, Ward 3 (Coffin) [PRJ-71439]. Staff recommends
APPROVAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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. Parking Analysis
SUP-71442 [PRJ-71439]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: UNIVERSAL LAUNDRY - OWNER: ADAR B
ENTERPRISES, LLC AND LINCOLN CENTER PROPERTIES, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71442 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 36

NOTICES MAILED 175

PROTESTS 0

APPROVALS 0

NE
SUP-71442 [PRJ-71439]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71442 CONDITIONS

Planning

1. The alternative parking demand analysis date stamped 09/07/17 is hereby


approved. The alternative parking standard is valid for the duration of the
Cleaners, Commercial/Industrial and Office, Other Than Listed use at the site. The
alternative parking standard shall expire, when these uses cease to operate on the
site.

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-71442 [PRJ-71439]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for an Alternative Parking Standard to allow 129 parking spaces where
178 are required for an existing Office, Other Than Listed, and the expansion of an
existing Cleaners, Commercial/Industrial use at 240, 250 and 260 Spectrum Boulevard.

ISSUES

A Special Use Permit is required for an Alternative Parking Standard to allow 129
parking spaces where a minimum of 178 parking spaces is required. Staff
supports this request.

ANALYSIS

Universal Laundry, located at 240 Spectrum Boulevard, has applied for a business
license to expand their operations to the adjacent building located at 260 Spectrum
Boulevard. The proposed expansion of the Cleaners, Commercial/Industrial facility does
not meet the minimum parking requirements set forth by Title 19.12, which requires one
parking space for every 500 square feet of floor area. The applicant is requesting an
Alternative Parking Standard to remedy the parking deficiency.

As stated in the applicants justification letter, the new facility utilizes state-of-the-art
laundry equipment and will require 60 percent less staff than the current operations
located at 240 Spectrum Boulevard.

The applicant has provided an Alternative Parking Demand Analysis that was prepared
by a Nevada licensed Professional Engineer. This analysis was based on the
observations of the current Cleaners, Commercial/Industrial facility located at 240
Spectrum Boulevard. These operations have a maximum of 52 employees per shift,
with a one-hour break in between shifts to prevent an overlap. As stated by the engineer
in the analysis, during peak shift hours 54 parking stalls were in use. This count
included the employees present for AT&T (Office Other Than Listed).

The proposed expansion would add 41 employees per shift. The engineer projects that
the maximum number of parking stalls required during any shift would be 93. The
applicant is proposing 129 parking spaces, which exceeds the engineers projection by
36.

NE
SUP-71442 [PRJ-71439]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

The applicant has substantiated this request through a parking study performed by a
Nevada licensed Professional Engineer which has demonstrated that 129 parking
spaces is sufficient for both the existing Office, Other Than Listed (AT&T) and the
proposed expansion of the Cleaners, Commercial/Industrial (Universal Laundry) uses;
therefore, staff recommends approval of the application. If denied, the existing
Cleaners, Commercial/Industrial use would not be able to expand its operations.

FINDINGS (SUP-71442)

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

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


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

Currently, a Cleaners, Commercial/Industrial and Office, Other Than Listed exist


on site. The expansion of the Cleaners, Commercial/Industrial is compatible with
the existing surrounding land uses and can be conducted in a manner that is
harmonious with those surrounding uses.

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

Although the proposed expansion of an existing use is appropriate for the


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

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


adequate in size to meet the requirements of the proposed use.

Site access is provided by Spectrum Boulevard, an 80-foot wide local street. This
is adequate in size to meet the requirements for the site.

4. Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.

Approval of the Special Use Permit for an Alternative Parking Standard will not
compromise the public health, safety, or general welfare, as the Special Use
Permit is subject to review if parking becomes insufficient.

NE
SUP-71442 [PRJ-71439]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

5. The use meets all of the applicable conditions per Title 19.12.

The applicant has requested an Alternative Parking Standard in order to meet the
parking requirements for the Cleaners, Commercial/Industrial and Office, Other
Than Listed uses.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The Planning Commission approved a request for a Plot Plan and
Building Elevation Review regarding a proposed distribution center on
01/10/91 property located on the east side of Mojave Road, approximately 410
feet south of Stewart Avenue, C-1 (Limited Commercial) zone [under
Resolution of Intent to M Industrial)].
Code Enforcement processed a complaint (#80708) for employees
08/11/09 parking on the street at 240 Spectrum Boulevard. The case was
resolved on 03/24/11.
The Planning Commission approved a request for a Site Development
Plan Review (SDR-56111) for a proposed 440 square-foot detached
11/04/14
modular building at 240 Spectrum Boulevard. Staff recommended
approval.

Most Recent Change of Ownership


Month/date/year A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A business license (D50-00112) was issued for a commercial laundry
02/14/06
facility at 240 Spectrum Boulevard. The license is active.
A building permit (#123492) for a laundry monorail at 240 Spectrum
09/29/08
Boulevard. The permit received its final inspection on 02/26/09.
A building permit (#166847) was issued for roof mounted fans at 240
07/07/10 Spectrum Boulevard. The permit received its final inspection on
10/01/10.
A building permit (#201852) was issued for a tenant
12/22/11 improvement/remodel at 240 Spectrum Boulevard. The permit
received its final inspection on 12/19/13.
A building permit (#204431) was issued for equipment installation at
02/14/12 240 Spectrum Boulevard. The permit received its final inspection on
12/04/14.

NE
SUP-71442 [PRJ-71439]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


A building permit (#223120) was issued for a tenant improvement at
11/26/12 240 Spectrum Boulevard. The permit received its final inspection on
04/03/13.
A building permit (#224101) was issued for a tenant improvement at
12/10/12 240 Spectrum Boulevard. The permit received its final inspection on
12/04/14.
A building permit (#238261) was issued for a tenant improvement at
06/07/13 240 Spectrum Boulevard. The permit received its final inspection on
12/04/14.
A building permit (#238262) was issued for onsites at 240 Spectrum
06/17/13
Boulevard. The permit received its final inspection on 06/26/14.
A building permit (#260004) was issued for concrete platforms at 240
Spectrum Boulevard. The permit received its final inspection on
03/25/15.
07/10/14
A building permit (#260008) was issued for a chemical feeder machine
at 240 Spectrum Boulevard. The permit received its final inspection on
12/30/14.
A building permit (#260007) was issued for a tenant improvement for a
07/15/14 commercial laundry facility at 260 Spectrum Boulevard. The permit
received its final inspection on 01/05/15.
A building permit (#260556) was issued for a tenant improvement at
07/21/14 240 Spectrum Boulevard. The permit received its final inspection on
05/04/15.
A building permit (#264966) was issued for the replacement of
09/04/14 washing machines at 240 Spectrum Boulevard. The permit received its
final inspection on 01/27/15.
A building permit (#274202) was issued for a tenant improvement at
01/06/15
240 Spectrum Boulevard. The permit expired on 07/06/15.
A building permit (#280619) was issued for concrete platforms at 240
03/30/15 Spectrum Boulevard. The permit received its final inspection on
08/12/16.
A building permit (#281769) was issued for a tenant improvement at
03/31/15 240 Spectrum Boulevard. The permit received its final inspection on
07/06/15.
A building permit (#261469) was issued for new washers and dryers at
06/15/15
240 Spectrum Boulevard. The permit expired on 12/08/15.
A building permit (#318994) was issued for a tenant improvement to
06/02/16 combine 260 and 270 Spectrum Boulevard at 260 Spectrum
Boulevard. The permit received its final inspection on 06/08/16.
A business license (#G65-06705) application was received for
09/08/17 industrial laundry services at 260 Spectrum Boulevard. The license
application is currently under review.

NE
SUP-71442 [PRJ-71439]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

Pre-Application Meeting
Staff conducted a pre-application where the submittal requirements for
08/15/17
an Alternative Parking Standard (Special Use Permit) were discussed.

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

Field Check
During a routine field check, staff observed the site to be clean, orderly
08/31/17
and free of graffiti.

Details of Application Request


Site Area
Net Acres 4.15

Planned or
Surrounding Existing Land Use Existing Zoning
Special Land Use
Property Per Title 19.12 District
Designation
Cleaners,
LI/R (Light
Subject Commercial/Industrial
Industrial / M (Industrial)
Property Office, Other Than
Research)
Listed
Public or Private
North PF (Public Facility) C-V (Civic)
School, Primary
Office, Other Than
Listed LI/R (Light
South Manufacturing, Light Industrial / M (Industrial)
Contractors Plant, Research)
Shop & Storage Yard
Public or Private
East PF (Public Facility) C-V (Civic)
School, Primary
LI/R (Light
West Vacant Industrial / M (Industrial)
Research)

NE
SUP-71442 [PRJ-71439]
Staff Report Page Six
October 10, 2017 - Planning Commission Meeting

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
No Applicable Special Area or Overlay Districts N/A
Other Plans or Special Requirements Compliance
Spectrum Y
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Spectrum
Local Title13 80 Y
Boulevard

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
Cleaners,
Commercial 69,940 SF 1:500 140
/ Industrial
Office, Other
11,280 SF 1:300 38
Than Listed
TOTAL SPACES REQUIRED 178 129 N*
Regular and Handicap Spaces Required 172 6 123 6 N*
*The applicant is requesting an Alternative Parking Standard to allow 129 parking spaces
where 178 are required.

NE
SUP-71442



SUP-71442

SUP-71442
A77

7b777

777
7A77777777

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7

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7777777777777777777


777b77

SUP-71442
SUP-71442 [PRJ-71439] - SPECIAL USE PERMIT - APPLICANT: UNIVERSAL LAUNDRY - OWNER: ADAR B
ENTERPRISES, LLC AND LINCOLN CENTER PROPERTIES, LLC
240, 250 AND 260 SPECTRUM BOULEVARD
08/31/2017
SUP-71442 [PRJ-71439] - SPECIAL USE PERMIT - APPLICANT: UNIVERSAL LAUNDRY - OWNER: ADAR B
ENTERPRISES, LLC AND LINCOLN CENTER PROPERTIES, LLC
240, 250 AND 260 SPECTRUM BOULEVARD
08/31/2017
SUP-71442 [PRJ-71439] - SPECIAL USE PERMIT - APPLICANT: UNIVERSAL LAUNDRY - OWNER: ADAR B
ENTERPRISES, LLC AND LINCOLN CENTER PROPERTIES, LLC
240, 250 AND 260 SPECTRUM BOULEVARD
08/31/2017
SUP-71442 [PRJ-71439] - SPECIAL USE PERMIT - APPLICANT: UNIVERSAL LAUNDRY - OWNER: ADAR B
ENTERPRISES, LLC AND LINCOLN CENTER PROPERTIES, LLC
240, 250 AND 260 SPECTRUM BOULEVARD
08/31/2017
SUP-71442 [PRJ-71439] - SPECIAL USE PERMIT - APPLICANT: UNIVERSAL LAUNDRY - OWNER: ADAR B
ENTERPRISES, LLC AND LINCOLN CENTER PROPERTIES, LLC
240, 250 AND 260 SPECTRUM BOULEVARD
08/31/2017

SUP-71442


SUP-71442
SUP-71442


SUP-71442


Agenda Item No.: 25.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71503 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: FLIPPIN GOOD
BURGERS & SHAKES - OWNER: FREMONT LV BLVD, LLC - For possible action on a
request for a Special Use Permit FOR A PROPOSED 2,776 SQUARE-FOOT TAVERN-
LIMITED ESTABLISHMENT USE WITH 240 SQUARE FEET OF OUTDOOR SEATING at
505 Fremont Street (APNs 139-34-601-002), C-2 (General Commercial) Zone, Ward 3 (Coffin)
[PRJ-71445]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
SUP-71503 [PRJ-71445]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: FLIPPIN GOOD BURGERS & SHAKES -
OWNER: FREMONT LV BLVD, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71503 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 32

NOTICES MAILED 586

PROTESTS 0

APPROVALS 0

NE
SUP-71503 [PRJ-71445]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71503 CONDITIONS

Planning

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

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

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

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

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

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

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

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

NE
SUP-71503 [PRJ-71445]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Special Use Permit for a Tavern-Limited Establishment use at
505 Fremont Street within the Fremont East District of the Downtown Centennial Plan.

ISSUES

A Special Use Permit is required for a Tavern Limited Establishment in the C-2
(General Commercial) zoning district. Staff is recommending approval of this
request.

ANALYSIS

The subject site is an existing restaurant (Flippin Good Burgers and Shakes) within the
Fremont East and Entertainment Overlay Districts of the Downtown Centennial Plan
and is currently licensed as a Beer/Wine/Cooler On-Sale establishment. The
establishment is currently closed to the public while undergoing renovations.

The applicant is proposing a Tavern-Limited Establishment with a Nashville Honky Tonk


theme. Live entertainment will include Karaoke and live guitar.

The Tavern-Limited Establishment use is defined as An establishment that is licensed


with a tavern-limited license in accordance with LVMC Chapter 6.50 by title 19.12.

Las Vegas Municipal Code Chapter 6.50.250 defines the Tavern-Limited Establishment
as:

(A) A tavern-limited license:

(1) Authorizes the sale of alcoholic beverages only for consumption on the
premises where the same are sold, except as otherwise provided in Subsection
(C) of this Section.

(2) May only be issued for premises located entirely within the Downtown
Centennial Plan overlay district or, in the case of a tavern-limited license issued
under Subsection (C) of this Section, may only be issued if an outdoor
entertainment district is entirely within the downtown entertainment overlay
district.

NE
SUP-71503 [PRJ-71445]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

(3) Is not transferable, except to a location for which a new license of that type
would qualify under Paragraph (2) of Section (A) above and to an operator who
has been approved by the City Council.

(B) Except with respect to a tavern-limited license issued under Subsection (C) of this
Section, a tavern-limited license, or the transfer of a license, may be conditioned upon
one or more of the following:

(1) That the establishment be a themed establishment, the theme to be approved


by the Director after submission of a written description of at least three
operational elements establishing a theme.

(2) That the establishment provide live entertainment at least two nights per
week, including, but not limited to the following:

(a) Music entertainment venue, with live music or disc jockey (jazz, blues,
reggae, hip hop, rock'n'roll, etc.);

(b) Nightclub venue with dancing and live music or live disc jockey;

(c) Comedy entertainment venue, with live comedic performers;

(d) Karaoke entertainment venue, with amateur guest performers; and

(e) Other live entertainment venues, to be determined by the City Council


for acceptability and conformity to the goals and objectives of the District.

(3) That the establishment provide for outdoor seating in a number and manner
approved by the City Council.

(4) Establishment of an annual review for conformity to the licensing standards


and conditions, for a period of time to be established by the City Council.

(5) Submittal of a business security plan, to be approved by the City.

(6) Such other conditions as may be recommended by City staff and imposed by
the City Council.

(C) Independent of the provisions contained in Subsection (B) of this Section, a person
who owns or controls an outdoor entertainment complex, or a person who is associated
with such a person by means of license or lease or other written consent to operate an
outdoor entertainment complex, may only engage in the business of selling alcoholic
beverages, advertise the same or permit the consumption of alcoholic beverages upon

NE
SUP-71503 [PRJ-71445]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

the premises of an outdoor entertainment complex by obtaining and thereafter


maintaining a valid unexpired tavern-limited license specific for an outdoor
entertainment complex pursuant to this Code. Unless otherwise restricted by conditions
imposed on a license by the City Council, such a license authorizes the sale of alcoholic
beverages for consumption at any location within an outdoor entertainment complex,
but subject to compliance with the provisions of Subsections (D) and (E) of this Section.

(D) The issuance of a tavern-limited license under Subsection (C) of this Section shall
be contingent upon the following:

(1) Submittal of a site plan for the outdoor entertainment complex that indicates
all uses included within the complex, the controlled points access as required
herein, locations where alcohol may be consumed within the boundaries of the
complex, and any areas where minors may be segregated from persons over
twenty-one years of age that are consuming alcohol, if any.

(2) Submittal of a business security plan that:

(a) Is designed to ensure that minors are not served or permitted to


consume alcoholic beverages; and

(b) Specifically identifies how the operator of the outdoor entertainment


complex will ensure that patrons will not remove alcoholic beverages from
the complex.

(3) Submittal of an internal signage plan that, at a minimum, is designed to


ensure the existence and maintenance of signage that reasonably and
appropriately:

(a) Indicates that minors are not to be served nor consume alcohol; and

(b) Displays the scheduled entertainment to be provided to the public.

(4) Approval by the Director of the plans identified in Paragraphs (1) through (3)
above, taking into account any review and recommendation of Metro regarding
those plans.

(E) A tavern-limited license under Subsection (C) of this Section shall be conditioned
upon compliance by the licensee and the operator of the outdoor entertainment complex
with the following requirements:

(1) That at least one restaurant within the outdoor entertainment complex is open
and fully operational whenever any alcoholic beverage service is available,

NE
SUP-71503 [PRJ-71445]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

except when the complex is closed to minors or a special event permit has been
issued for an event pursuant to LVMC Chapter 12.02.

(2) That no alcoholic beverages are allowed to be consumed within any retail
establishment operating at the outdoor entertainment complex.

(3) That patrons and guests are not allowed to leave the outdoor entertainment
complex with an alcoholic beverage.

(4) That access into and out of the outdoor entertainment complex is controlled
so that there are no more than four points of ingress and egress.

(5) Such other conditions as may be recommended by City staff and imposed by
the City Council.

(F) The transfer of a license issued under Subsection (C) of this Section shall be subject
to the contingencies and conditions regarding an initial license that are identified in
Subsections (D) and (E) of this Section.

The Fremont East District of the Downtown Centennial Plan was designed to
complement the Central Casino Core District by providing nightclubs and live
entertainment. The proposed Tavern-Limited supports this plan and staff is
recommending approval of this request. If denied, the subject establishment will remain
a restaurant that serves beer, wine, and coolers in conjunction with a meal.

FINDINGS (SUP-71503)

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

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


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

The proposed Tavern-Limited use is located in the Downtown Centennial Plan -


Fremont East District and the Downtown Entertainment Overlay District and is
compatible with the surrounding land uses.

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

NE
SUP-71503 [PRJ-71445]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

The proposed use will operate within an existing restaurant located along the
south side of Fremont Street with nearby on-street and garage parking provided.
The proposed use will not increase parking demands of the existing site beyond
that required of the existing restaurant.

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


adequate in size to meet the requirements of the proposed use.

Site access is provided from Fremont Street, an 80-foot Major Collector as


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

4. Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.

Approval of this proposed Special Use Permit will not compromise the public
health, safety and general welfare of the public. The use will be subject to regular
inspections and is subject to licensing restrictions.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed use meets all applicable conditions for a Tavern-Limited


Establishment per Title 19.12.

BACKGROUND INFORMATION

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


The City Council approved a request for a Special Use Permit (SUP-
6143) for a 3,040 square-foot Tavern-Limited Establishment at 111
04/20/05
South Las Vegas Boulevard. The Planning Commission and staff
recommended approval.
The City Council approved a request for a Special Use Permit (SUP-
08/17/06 6944) for a Tavern at 511 Fremont Street. The Planning Commission
and staff recommended approval.

NE
SUP-71503 [PRJ-71445]
Staff Report Page Six
October 10, 2017 - Planning Commission Meeting

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


The Downtown Entertainment Overlay District Design Review Team
approved a request for an exterior faade and signage project (ARC-
11/08/05
9826) for an existing 3,700 square-foot building located at 111 South
Las Vegas Boulevard.
The City Council approved a request for a Special Use Permit (SUP-
10530) for a Tavern-Limited Establishment at 111 South Las Vegas
Boulevard. The Planning Commission and staff recommended
02/15/06 approval.
The City Council approved a request for a Special Use Permit (SUP-
10534) for a Tavern-Limited Establishment at 501 and 503 Fremont
Street. Planning Commission and staff recommended approval.
The City Council approved a request for a Major Amendment (SUP-
26246) of an approved Special Use Permit (SUP-10534) to increase
03/19/08 the square footage from 5,235 square feet to an 8,855 square feet
Tavern-Limited Establishment at 501 and 503 Fremont Street.
Planning Commission and staff recommended approval.
The Downtown Entertainment Overlay District Design Review Team
approved a request for a Major Modification (ARC-28881) to an
07/08/08 approved Master Sign Plan (ARC-9826) to allow a five-foot aerial
encroachment for an existing Tavern Limited Establishment at 111
South Las Vegas Boulevard.
The Planning Commission approved a request for a Special Use
Permit (SUP-38251) for a proposed 6,846 square-foot Tavern-Limited
06/24/10
Establishment at 107 South Las Vegas Boulevard. Staff recommended
approval.
The Downtown Entertainment Overlay District Design Review Team
07/13/10 approved a request for a Master Sign Plan review (ARC-38716) on an
existing retail building at 107 South Las Vegas Boulevard.
The City Council approved a request for a Special Use Permit (SUP-
46294) for a proposed 14,888 square-foot Tavern-Limited
12/19/12
Establishment at 107 South Las Vegas Boulevard. The Planning
Commission and staff recommended approval.
The City Council approved a request for a Special Use Permit (SUP-
50433) for a proposed Beer/Wine/Cooler On-Sale use within an
10/16/13
existing Restaurant at 505 Fremont Street. The Planning Commission
and staff recommended approval.
The Planning Commission approved a request for a Major Amendment
(SUP-58513) to Special Use Permit (SUP-50433) for a proposed 1,376
05/12/15 square-foot expansion to an existing 1,400 square-foot
Beer/Wine/Cooler On-Sale Establishment use within an existing
restaurant at 505 Fremont Street. Staff recommended approval.

NE
SUP-71503 [PRJ-71445]
Staff Report Page Seven
October 10, 2017 - Planning Commission Meeting

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


The Downtown Entertainment Overlay District Design Review Team
approved a request for a Signage Design Review (ARC-60412) for a
08/11/15
proposed illuminated projecting sign at an approved restaurant at 505
Fremont Street.

Most Recent Change of Ownership


Month/date/year A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


Code Enforcement processed a complaint (#47281) for speakers
10/23/06 outside playing loud music at 505 Fremont Street. The case was
resolved on 01/31/07.
Code Enforcement processed a complaint (#102328) for speakers
05/26/11 outside playing loud music at 505 Fremont Street. The case was
resolved on 05/31/11.
A building permit (#280413) was processed for a tenant improvement
02/24/15 (Flippin Good Burgers) located at 505 Fremont Street. The permit has
not been finalized.
A building permit (#280413) was issued for a tenant improvement at
04/27/15 505 Fremont Street. The permit received its final inspection on
09/14/15.
A business license (P63-00211) was issued for a Beer/Wine/Cooler
On-Sale Establishment at 505 Fremont Street. The license is currently
in non-operational status.
A business license (L63-00107) was issued for a Beer/Wine/Cooler
08/18/15
On-Sale Establishment at 505 Fremont Street. The license is currently
in non-operational status.
A business license (G63-03604) was issued for a restaurant at 505
Fremont Street. The license is closed as of 08/03/17.
A building permit (#296374) was issued for wall signs at 505 Fremont
08/24/15
Street. The permit remains open.
A building permit (#C17-00823) was issued for a tenant improvement
08/07/17
at 505 Fremont Street. The permit is currently open.

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
08/15/17
requirements for a Special Use Permit were discussed.

NE
SUP-71503 [PRJ-71445]
Staff Report Page Eight
October 10, 2017 - Planning Commission Meeting

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

Field Check
Staff observed the subject site during a routine field check. Nothing of
08/31/17
concern was noted by staff.

Details of Application Request


Site Area
Net Acres 0.45

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject C-2 (General
Restaurant C (Commercial)
Property Commercial)
C-2 (General
North Parking Lot C (Commercial)
Commercial)
Government C-2 (General
South C (Commercial)
Facility Commercial)
C-2 (General
East Restaurant C (Commercial)
Commercial)
Tavern C-2 (General
West C (Commercial)
Parking Facility Commercial)

Master Plan Areas Compliance


Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay Fremont East District Y
A-O (Airport Overlay) District (200 Feet) Y
Downtown Entertainment Overlay District Y
Live/Work Overlay District Y
Las Vegas Boulevard Scenic Byway Overlay District Y

NE
SUP-71503 [PRJ-71445]
Staff Report Page Nine
October 10, 2017 - Planning Commission Meeting

Other Plans or Special Requirements Compliance


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

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

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement - Downtown
Gross Floor Base Parking Requirement Provided Compliance
Area or Parking Parking
Use Parking
Number of Handi- Handi-
Ratio Regular Regular
Units capped capped
1,097 SF
indoor
seating / 240
1:50 27
SF outdoor
seating
Tavern-
Limited
1,679 SF
1:200
gross 9
remaining

TOTAL SPACES REQUIRED 36 0 Y*


Regular and Handicap Spaces Y*
34 2 0 0
Required
*Projects located within the Las Vegas Downtown Centennial Plan area are not subject to
the automatic application of parking requirements. However, the above table should be
used to illustrate the requirements of an analogous project in another location in the City.

NE
SUP-71503



SUP-71503

SUP-71503

SUP-71503

SUP-71503
SUP-71503 [PRJ-71445] - SPECIAL USE PERMIT - APPLICANT: FLIPPIN GOOD BURGERS & SHAKES - OWNER:
FREMONT LV BLVD, LLC
505 FREMONT STREET
08/31/2017
SUP-71503 [PRJ-71445] - SPECIAL USE PERMIT - APPLICANT: FLIPPIN GOOD BURGERS & SHAKES - OWNER:
FREMONT LV BLVD, LLC
505 FREMONT STREET
08/31/2017
7777b
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7 7 7 7 7 7
7 7 7 7 7 7
7 7 7 7 7

SUP-71503
Agenda Item No.: 26.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAC-71475 - VACATION - PUBLIC HEARING - APPLICANT: PINNACLE HOMES -
OWNER: BURBANK, LLC - For possible action on a request for a Petition to Vacate City of
Las Vegas Public Sewer Easements on portions of APNs 138-05-801-065 and 066, generally
located at the southwest corner of Hickam Avenue and Durango Drive, Clark County [PRJ-
71461]. Staff recommends APPROVAL.

FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
VAC-71475 [PRJ-71461]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: PINNACLE HOMES - OWNER: BURBANK, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAC-71475 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 19

NOTICES MAILED 11

PROTESTS 0

APPROVALS 0

CS
VAC-71475 [PRJ-71461]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

VAC-71475 CONDITIONS

1. The limits of this Petition of Vacation shall be the public sewer easement granted
to the City of Las Vegas per Book 128, page 38 of Plats, per book 131, page 11 of
Plats and per file 112, page 2 of Parcel Maps.

2. All public improvements, if any, adjacent to and in conflict with this vacation
application are to be modified, as necessary, at the applicant's expense prior to the
recordation of an Order of Vacation.

3. The Order of Vacation shall not be recorded until all of the conditions of approval
have been met provided, however, that conditions requiring modification of public
improvements may be fulfilled for purposes of recordation by providing sufficient
security for the performance thereof in accordance with the Subdivision Ordinance
of the City of Las Vegas. City Staff is empowered to modify this application if
necessary because of technical concerns or because of other related review
actions as long as current City right-of-way requirements are still complied with and
the intent of the vacation application is not changed. If applicable, a five-foot-wide
easement for public streetlight and fire hydrant purposes shall be retained on all
vacation actions abutting public street corridors that will remain dedicated and
available for public use. Also, if applicable and where needed, public easement
corridors and sight visibility or other easements that would/should cross any right-
of-way or easement being vacated must be retained.

4. All development shall be in conformance with code requirements and design


standards of all City Departments.

5. If the Order of Vacation (or Order of Relinquishment of Interest if a Patent


Reservation) is not recorded within one (1) year after approval by the City of Las
Vegas or an Extension of Time is not granted by the Planning Director, then
approval will terminate and a new petition must be submitted.

CS
VAC-71475 [PRJ-71461]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is petitioning to vacate City of Las Vegas public sewer easements located
on property within Clark County jurisdiction. The subject site is generally located at the
southwest corner of Durango Drive and Hickman Avenue.

ANALYSIS

The subject site is located in Unincorporated Clark County but sanitary sewer service is
provided by the City of Las Vegas. The applicant requests to vacate three public sewer
easements that are no longer required as the site is being reconfigured. Per the
submitted justification letter, the site will be developed into a 22-lot single family
residential subdivision. As no City of Las Vegas right-of-way is proposed to be vacated,
and thus no franchise rights are involved, it is not necessary to send this request to the
utility companies and franchise holders, nor wait for their responses.

FINDINGS (VAC-71475)

Staff has no objection to the vacation of these public sewer easements, as the
easements are no longer needed in their current configuration; therefore, staff
recommends approval with conditions.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


There are no relevant city actions on file.

Most Recent Change of Ownership


01/28/09 A deed was recorded for a change in ownership.

Pre-Application Meeting
Staff conducted a pre-application meeting with the applicant where
08/17/17
the submittal requirements and deadlines were reviewed.

CS
VAC-71475 [PRJ-71461]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

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

Field Check
Staff conducted a routine field check where an undeveloped site was
08/31/17
found. There were no signs of trash or debris.

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
RNP (Rural
R-E (Rural Estates
Subject Neighborhood
Undeveloped Residential) Clark
Property Preservation) - Clark
County Jurisdiction
County Jurisdiction
Single Family, RNP (Rural R-E (Rural Estates
Detached Neighborhood Residential) Clark
North Preservation) - Clark County Jurisdiction
Undeveloped County Jurisdiction

Single Family, RNP (Rural R-E (Rural Estates


Detached Neighborhood Residential) Clark
South Preservation) - Clark County Jurisdiction
Undeveloped County Jurisdiction

RNP (Rural R-E (Rural Estates


Neighborhood Residential) Clark
East Undeveloped
Preservation) - Clark County Jurisdiction
County Jurisdiction
RNP (Rural R-E (Rural Estates
Neighborhood Residential) Clark
West Undeveloped
Preservation) - Clark County Jurisdiction
County Jurisdiction

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
No Applicable Special Area or Overlay Districts N/A

CS
VAC-71475 [PRJ-71461]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

Other Plans or Special Requirements Compliance


Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement Y
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

CS
VAC-71475



VAC-71475




VAC-71475

VAC-71475

VAC-71475
VAC-71475 [PRJ-71461] - VACATION - APPLICANT: PINNACLE HOMES - OWNER: BURBANK, LLC
SOUTHWEST CORNER OF HICKAM AVENUE AND DURANGO DRIVE
08/31/2017
VAC-71475 [PRJ-71461] - VACATION - APPLICANT: PINNACLE HOMES - OWNER: BURBANK, LLC
SOUTHWEST CORNER OF HICKAM AVENUE AND DURANGO DRIVE
08/31/2017
VAC-71475 [PRJ-71461] - VACATION - APPLICANT: PINNACLE HOMES - OWNER: BURBANK, LLC
SOUTHWEST CORNER OF HICKAM AVENUE AND DURANGO DRIVE
08/31/2017

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VAC-71475
Agenda Item No.: 27.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAC-71567 - VACATION - PUBLIC HEARING - APPLICANT/OWNER: RYLAND HOMES
NEVADA, LLC - For possible action on a request for a Petition to Vacate emergency vehicle
easements located at the southeast corner of Far Hills Avenue and Fox Hill Drive, Ward 2
(Seroka) [PRJ-71499]. Staff recommends APPROVAL.

FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
VAC-71567 [PRJ-71499]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: RYLAND HOMES NEVADA, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAC-71567 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 13

NOTICES MAILED 117

PROTESTS 0

APPROVALS 0

CS
VAC-71567 [PRJ-71499]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

VAC-71567 CONDITIONS

1. The limits of this Petition of Vacation shall be the Emergency Vehicle easement as
described and granted to the City of Las Vegas per Document 20170123:0002567.

2. The Vacation must record prior to or concurrent with FMP-71180.

3. All public improvements, if any, adjacent to and in conflict with this vacation
application are to be modified, as necessary, at the applicant's expense prior to the
recordation of an Order of Vacation.

4. The Order of Vacation shall not be recorded until all of the conditions of approval
have been met provided, however, that conditions requiring modification of public
improvements may be fulfilled for purposes of recordation by providing sufficient
security for the performance thereof in accordance with the Subdivision Ordinance
of the City of Las Vegas. City Staff is empowered to modify this application if
necessary because of technical concerns or because of other related review
actions as long as current City right-of-way requirements are still complied with and
the intent of the vacation application is not changed. If applicable, a five-foot-wide
easement for public streetlight and fire hydrant purposes shall be retained on all
vacation actions abutting public street corridors that will remain dedicated and
available for public use. Also, if applicable and where needed, public easement
corridors and sight visibility or other easements that would/should cross any right-
of-way or easement being vacated must be retained.

5. All development shall be in conformance with code requirements and design


standards of all City Departments.

6. If the Order of Vacation (or Order of Relinquishment of Interest if a Patent


Reservation) is not recorded within one (1) year after approval by the City of Las
Vegas or an Extension of Time is not granted by the Planning Director, then
approval will terminate and a new petition must be submitted.

CS
VAC-71567 [PRJ-71499]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to vacate two emergency vehicle access easements on


property generally located at the southeast corner of Far Hills Avenue and Fox Hill
Drive.

ANALYSIS

The subject site will be developed as a single family attached residential subdivision.
Final Map (FMP-67758) was recorded on 04/19/17 to allow the Santa Rosa Townhomes
(Unit 1) Subdivision. The two emergency vehicle easements proposed to be vacated
are temporary cul-de-sacs at the end of temporary stub streets. These temporary stub
streets are the result of phasing the project. The purpose of this request is to vacate
Emergency Vehicle Easements concurrent with the next phase of the project which will
complete the streets.

As no City of Las Vegas right-of-way is proposed to be vacated, and thus no franchise


rights are involved, it is not necessary to send this request to the utility companies and
franchise holders, nor wait for their responses. Since only City easements are involved,
any utility company interests will need to be addressed with each respective utility
company and will not be affected by the City vacating its interest.

FINDINGS (VAC-71567)

Staff has no objection to the vacation of these emergency vehicle easements, as the
easements are no longer needed in their current configuration; therefore, staff
recommends approval with conditions.

BACKGROUND INFORMATION

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


The City Referral Group approved a request for a Summerlin Site
Development Plan Review (CRG-1302) for an Aggregate and Asphalt
12/11/02
Plant on property located west of the intersection of Summerlin
Parkway and I-215.

CS
VAC-71567 [PRJ-71499]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

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


The City Referral Group approved a request for a Summerlin Site
04/30/03 Development Plan Review (CRG-2243) for Community, Village and
Neighborhood Entry Monumentation located in Villages 23A and 23B.
The Planning Commission approved a request for a Tentative Map
(TMP-3280) for a 11-lot residential development on 439 acres located
12/04/03
at the northwest corner of Alta Drive and Desert Foothills Drive. Staff
recommended approval of the request.
The Department of Planning approved a request for a Extension of
Time (EOT-3886) for an approved Tentative Map of Summerlin Village
03/25/04
23A (TM-0006-02) for 20 lots on 389.4 acres adjacent to the northwest
corner of Charleston Boulevard and Desert Foothills Drive.
The City Council approved a request for Master Development Plan
Review (MDR-3867) for a Summerlin Development Plan Review for
05/05/04 Summerlin Village 24 on 502.2 acres adjacent to the west side of Sky
Vista Drive, between Alta Drive and Charleston Boulevard. Staff
recommended approval of the request.
The Planning Commission approved a request for a Tentative Map
(TMP-4175) for a 20-lot Mixed-Use Subdivision on 502.2 acres
05/13/04
adjacent to the west side of Sky Vista Drive, between Alta Drive and
Charleston Boulevard. Staff recommended approval of the request.
The Planning Commission approved a request for a Tentative Map
(TMP-4365) for a 246-lot Single-Family Residential Subdivision on
06/10/04
40.05 acres adjacent to the northwest corner of Charleston Boulevard
and Sky Vista Drive. Staff recommended approval of the request.
The Planning Commission approved a request for a Tentative Map
(TMP-5712) for a 105-lot Single Family Residential Subdivision on
01/13/05
35.8 acres adjacent to the southwest corner of Charleston Boulevard
and Sky Vista Drive. Staff recommended approval of the request.
The Planning Commission approved a request for a Tentative Map
(TMP-6375) for a one lot subdivision on 3.14 acres adjacent to the
05/26/05
north side of Far Hills Avenue, approximately 1,500 feet west of
Carriage Hills Drive. Staff recommended approval of the request.
The Planning Commission approved a request for a Tentative Map
(TMP-13892) for a 246-lot Single Family Residential Subdivision on
07/13/06
40.1 acres at the intersection of Charleston Boulevard and Sky Vista
Drive. Staff recommended approval of the request.
The Planning Commission approved a request for a Tentative Map
(TMP-14767) for a nine lot Residential Subdivision on 493 acres
08/10/06
adjacent to the northwest corner of Alta Drive and Vista Run Drive.
Staff recommended approval of the request.

CS
VAC-71567 [PRJ-71499]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

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


The Planning Commission approved a request for a Tentative Map
(TMP-15017) for a 458-lot Single Family Residential Subdivision on
08/24/06
177.80 acres at the northwest corner of Alta Drive and Desert Foothills
Drive. Staff recommended approval of the request.
The Planning Commission approved a request for a Tentative Map
(TMP-46270) for a 20-pod Single and Multi-Family Residential
09/11/12
Subdivision on 439.9 acres at the northwest corner of Desert Foothills
Drive and Alta Drive. Staff recommended approval of the request.
The Planning Commission approved a request for a Tentative Map
(TMP-50099) for a 175-lot Single Family Residential Subdivision on
08/13/13
40.90 acres on the east side of Fox Hill Drive, approximately 1,360
feet north of Alta Drive. Staff recommended approval of the request.
The Planning Commission approved a request for a Tentative map
(TMP-64465) for a 202-lot single family attached residential
06/14/16
subdivision on 18.56 acres at the southeast corner of Fox Hills Drive
and Far Hills Avenue. Staff recommended approval of the request.
A Final Map (FMP-67758) for a 202-lot single family attached
04/11/17 residential subdivision on 18.56 acres at the southeast corner of Fox
Hills Avenue was recorded on 04/19/17.

Most Recent Change of Ownership


05/20/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


Building Permit (#334780) was issued for a retaining and screen
02/13/17
block wall. The permit remains open.

Pre-Application Meeting
Staff conducted a pre-application meeting with the applicant where the
08/23/17
submittal requirements and deadlines were reviewed.

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

CS
VAC-71567 [PRJ-71499]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

Field Check
Staff conducted a routine field check and found an undeveloped site.
08/31/17
There were no signs of trash or debris.

Details of Application Request


Site Area
Net Acres 7.91

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject MF2 (Medium Density P-C (Planned
Undeveloped
Property Multi-Family) Community)
Las Vegas Valley
PF (Public Facility) P-C (Planned
North Water District
Community)
Pump Station
P (Parks/Recreation) P-C (Planned
South Undeveloped
Community)
Undeveloped
P-C (Planned
East Single Family, SF3 (Single Family
Community)
Detached Detached)
P (Parks/Recreation) P-C (Planned
West Undeveloped
Community)

Master and Neighborhood Plan Areas Compliance


West Summerlin Y
Special Area and Overlay Districts Compliance
P-C (Planned Community) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

CS
VAC-71567



VAC-71567

VAC-71567

VAC-71567

VAC-71567

VAC-71567

VAC-71567
VAC-71567



77 7777777
77#A
VAC-71567 [PRJ-71499] - VACATION - APPLICANT/OWNER: RYLAND HOMES NEVADA, LLC
SOUTHEAST CORNER OF FAR HILLS AVENUE AND FOX HILL DRIVE
08/31/2017
VAC-71567 [PRJ-71499] - VACATION - APPLICANT/OWNER: RYLAND HOMES NEVADA, LLC
SOUTHEAST CORNER OF FAR HILLS AVENUE AND FOX HILL DRIVE
08/31/2017

VAC-71567
Agenda Item No.: 28.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - GPA-69220 - GENERAL PLAN AMENDMENT - PUBLIC HEARING -
APPLICANT: VALLEY BANK OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS -
For possible action on a request for a General Plan Amendment FROM: DR (DESERT RURAL
DENSITY RESIDENTIAL) TO: R (RURAL DENSITY RESIDENTIAL) on 11.95 acres at the
northeast corner of Trails End Avenue and Homestead Road (APNs 125-05-503-001 and 002),
Ward 6 (Fiore) [PRJ-69151]. Staff recommends DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 8 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Staff Report - GPA-69220 and ZON-69224 [PRJ-69151]
3. Supporting Documentation - GPA-69220 and ZON-69224 [PRJ-69151]
4. Photo(s) - GPA-69220 and ZON-69224 [PRJ-69151]
5. Justification Letter - GPA-69220 and ZON-69224 [PRJ-69151]
6. Clark County School District Development Tracking Form - GPA-69220 and ZON-69224
[PRJ-69151]
7. Protest Postcard for GPA-69220 and ZON-69224 [PRJ-69151]
GPA-69220. ZON-69224, WVR-71516, WVR-71517, VAR-71518 and TMP-71519
[PRJ-69151]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: VALLEY BANK OF NEVADA - OWNER: BANK
OF NORTH LAS VEGAS

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
GPA-69220 Staff recommends DENIAL.
ZON-69224 Staff recommends DENIAL. GPA-69220
WVR-71516 Staff recommends DENIAL, if approved subject to GPA-69220
conditions: ZON-69224

WVR-71517 Staff recommends DENIAL, if approved subject to GPA-69220


conditions: ZON-69224
WVR-71516
VAR-71518 Staff recommends DENIAL, if approved subject to GPA-69220
conditions: ZON-69224
WVR-71516
WVR-71517
TMP-71519 Staff recommends DENIAL, if approved subject to GPA-69220
conditions: ZON-69224
WVR-71516
WVR-71517
VAR-71518

NE
GPA-69220. ZON-69224, WVR-71516, WVR-71517, VAR-71518 and TMP-71519
[PRJ-69151]
Notification Page One
October 10, 2017 - Planning Commission Meeting

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 11

NOTICES MAILED 110 - GPA-69220 and ZON-69224


110 - WVR-71516 and WVR-71517
110 - VAR-71518 and TMP-71519

PROTESTS 8 - GPA-69220 and ZON-69224


0 - WVR-71516 and WVR-71517
0 - VAR-71518 and TMP-71519

APPROVALS 0 - GPA-69220 and ZON-69224


0 - WVR-71516 and WVR-71517
0 - VAR-71518 and TMP-71519

NE
GPA-69220. ZON-69224, WVR-71516, WVR-71517, VAR-71518 and TMP-71519
[PRJ-69151]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

WVR-71516 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for General Plan


Amendment (GPA-69220), Rezoning (ZON-69224), Waiver (WVR-71517),
Variance (VAR-71518), and Tentative Map (TMP-71519) shall be required, if
approved.

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

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

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

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

Public Works

6. The installation of streetlights on Moccasin Road, Homestead Road, and Trails


End Avenue shall be deferred provided that exterior street lighting shall be stubbed
out for later use, including all necessary underground improvements including
conduit and pull boxes at each future streetlight location, and the developer shall
provide to the City such streetlights for future installation. Alternatively, monies in
lieu of such deferred streetlights, including foundations, may be contributed to the
City if allowed by the Department of Public Works. The contributed amount shall
be based on the City's current bond schedules for all streetlights and associated
infrastructure deferred by this action adjacent to this site.

NE
GPA-69220. ZON-69224, WVR-71516, WVR-71517, VAR-71518 and TMP-71519
[PRJ-69151]
Conditions Page Two
October 10, 2017 - Planning Commission Meeting

WVR-71517 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for General Plan


Amendment (GPA-69220), Rezoning (ZON-69224), Waiver (WVR-71516),
Variance (VAR-71518), and Tentative Map (TMP-71519) shall be required, if
approved.

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

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

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

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

VAR-71518 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for General Plan


Amendment (GPA-69220), Rezoning (ZON-69224), Waiver (WVR-71516), Waiver
(WVR-71517), and Tentative Map (TMP-71519) 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.

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GPA-69220. ZON-69224, WVR-71516, WVR-71517, VAR-71518 and TMP-71519
[PRJ-69151]
Conditions Page Three
October 10, 2017 - Planning Commission Meeting

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

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

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

Public Works

6. Sign a Covenant Running with Land agreement for the possible future installation
of half-street improvements per City Compete Street Standards (including curb and
gutter, sidewalks, streetlighting, permanent paving and possibly fire hydrants and
sewers) on Moccasin Road, Homestead Road and Trails End Avenue adjacent to
this site. 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
approval of construction drawings for this site.

7. A Homeowners Association (HOA) or similar maintenance organization must be


created to maintain all private improvements within unimproved rights-of-way and
public easements within the limits of this site.

8. The right-of-way width for Trail Ends Avenue shall be a minimum of 47 centered
on the centerline.

9. Submit a License Agreement for any private improvements within the unimproved
areas in the Moccasin Road, Homestead Road and Trails End Avenue public
rights-of-way prior to the issuance of permits for these improvements. The
applicant must carry an insurance policy for the term of the Encroachment
Agreement and add the City of Las Vegas as an additionally insured entity on this
insurance policy. If requested by the City, the applicant shall remove property
encroaching in the public right-of-way at the applicant's expense pursuant to the
terms of the City's Encroachment Agreement. The installation and maintenance of
all private improvements in the public right-of-way shall be the responsibility of the
applicant and any successors in interest to the property and assigns pursuant to
the terms of the Encroachment Agreement. Coordinate all requirements for the
Encroachment Agreement with the Land Development Section of the Department
of Building and Safety (229-4836).

NE
GPA-69220. ZON-69224, WVR-71516, WVR-71517, VAR-71518 and TMP-71519
[PRJ-69151]
Conditions Page Four
October 10, 2017 - Planning Commission Meeting

TMP-71519 CONDITIONS

Planning

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

2. Approval of General Plan Amendment (GPA-69220), Rezoning (ZON-69224),


Waiver (WVR-71516), Waiver (WVR-71517), and Variance (VAR-71518) shall be
required, if approved.

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

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

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


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

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


Subdivision Statutes.

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GPA-69220. ZON-69224, WVR-71516, WVR-71517, VAR-71518 and TMP-71519
[PRJ-69151]
Conditions Page Five
October 10, 2017 - Planning Commission Meeting

Public Works

7. Dedicate 23.5 feet of right-of-way adjacent to this site for Trail Ends Avenue, and
appropriate right-of-way for the north half of a circular cul-de-sac meeting current
City standards. Street Section A on this Tentative Map shall be revised to depict
sufficient right-of-way for a 5-foot wide sidewalk on each side of the roadway (47
wide section) unless VAR-71518 is approved to specifically allow otherwise.

8. Construct half street improvements on Moccasin Road, Homestead Road, and


Trail Ends Avenue meeting complete street standards adjacent to this site
concurrent with the 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. These requirements may
be modified to allow rural-style improvements if Variance VAR-71518 is approved
by City Council.

9. The proposed gated entry shall comply with Standard Drawing #222.1.

10. This Tentative Map depicts 3 alternatives for sewer service; the final sewer path
shall be approved by the Department of Public Works prior to submittal of any
construction drawings.

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

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

13. A 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

NE
GPA-69220. ZON-69224, WVR-71516, WVR-71517, VAR-71518 and TMP-71519
[PRJ-69151]
Conditions Page Six
October 10, 2017 - Planning Commission Meeting

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.

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

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

NE
GPA-69220. ZON-69224, WVR-71516, WVR-71517, VAR-71518 and TMP-71519
[PRJ-69151]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant has proposed 20-lot single family residential development on 11.95 acres
at the northeast corner of Trails End Avenue and Homestead Road.

ISSUES

A General Plan Amendment has been requested from DR (Desert Rural Density
Residential) to R (Rural Density Residential). Staff does not request this request.
Rezoning from R-E (Residence Estates) to R-D (Single Family Residential-
Restricted) is also requested. Staff does not support this request.
A Waiver has been requested to allow no external streetlights. Staff does not
support this request.
A second Waiver has been requested to allow internal private streets behind a gate
to not be developed to public street standards, including no streetlights. Staff does
not support this request.
Variances have been requested to allow a 1.0 street connectivity where 1.3 is
required; no amenity zones including sidewalks and buffer strips; no curbs or gutters
along Trail End Avenue, Homestead Road, and Moccasin Road; and for Trails End
Avenue to be 37 feet in width where 47 feet is required. Staff does not support these
multiple Variance requests.
A request for a Tentative Map for a 20-lot single family residential subdivision. Due
to the Waivers and Variances requested for the site, staff does not support this
request.

ANALYSIS

General Plan Amendment/Rezoning

This is a request to amend the General Plan land use designation on a 11.95-acre
portion of the Centennial Hills Sector Plan located at the northeast corner of Trails End
Avenue and Homestead Road from DR (Desert Rural Density Residential) to R (Rural
Density Residential) and to Rezone the subject 11.95-acre site from R-E (Residence
Estates) to R-D (Single Family Residential-Restricted).

NE
GPA-69220. ZON-69224, WVR-71516, WVR-71517, VAR-71518 and TMP-71519
[PRJ-69151]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

The subject sites are currently designated DR (Desert Rural Density Residential) which
allows densities up to 2.49 units per acre. To the west of the subject sites is a five-acre
parcel that is included in Planning Area A2 of the Interlocal Agreement between the City of
Las Vegas and County of Clark adopted on December 21, 2016. This agreement
mandates 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.

East of the subject sites is a residential development zoned R-PD2 (Residential Planned
Development 2 Units Per Acre), with single family, detached homes. South of the subject
sites are undeveloped lots zoned R-E (Residence Estates), which also allows a density no
less than two residential units per acre. Designating the subject sites R (Rural Density
Residential) that would allow a density up to 3.59 units per acre is not compatible with the
existing surrounding area that allows a maximum density of two units per acre. Staff does
not support the General Plan Amendment or the Rezoning application as the density
proposed would create an island of higher density residential amongst lower density
development.

Waivers

When a site is developed in the City of Las Vegas, it is customary to require the
installation of all incomplete improvements surrounding the site so they match what
exists in the surrounding area. Currently, streetlights exist on the south side of
Moccasin Road and along Durango Drive immediately east of this site. The applicant is
requesting a Waiver to allow no external streetlights for the proposed 20-lot residential
subdivision. As stated by the applicant in the justification letter, this request enables the
area to maintain a rural feel. Additionally, the applicant has proposed no internal
streetlights for the neighborhood itself, and for the private neighborhood streets (behind
the gate) to not be developed to public street standards by only installing a standard L
curb on both sides of the street. No sidewalk would be installed within the
neighborhood.

As development encroaches into rural areas of the City, and the population intensifies,
residential neighborhoods developed without the required amenities such as streetlights
and sidewalks do not support the Citys General Plan to provide a safe and accessible
environment for the residents. Staff does not support this request.

Variances

Connectivity:

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October 10, 2017 - Planning Commission Meeting

The purpose of Title 19.04 Complete Streets Standards is to set forth requirements for
achieving a connected transportation system as outlined in the Citys General Plan to
provide a safe and accessible environment for a variety of transportation modes and
users.

Per Title 19.04.040, Connectivity is a measurement of the diversity of vehicular or


pedestrian options a transportation network provides within and around its transportation
network. It is measured using a Connectivity Ratio. The higher the ratio, the more options
there are for travelers in a given neighborhood and the lower the ratio, less options are
available. The applicant has proposed a residential development with a connectivity ratio
of 1.0 where 1.3 would be the desired connectivity ratio for the residents of the
neighborhood.

Amenity Zones:

Moccasin Road:
The applicant has proposed to dedicate and design for half street improvements, but not
construct them. The only portion of Moccasin to be installed would occur to just west of the
entrance of the development. The applicant would then move the existing barricades west
of the main entry to the proposed residential development, continuing to block Moccasin
Road to through traffic. This proposal leaves the majority of Moccasin Road undeveloped,
with the applicants portion only including pavement, and no streetlights, landscape buffer,
curb, gutter, and sidewalk. .

Homestead Road:
Homestead Road has a current dedicated right-of-way width of 60 feet. The applicant is
proposing to pave 32 feet of right-of-way, 16 feet on each side of the centerline, with no
amenity zone that is required to include streetlights, landscape buffer, curb, gutter, and
sidewalk.

Trails End Avenue:


Currently, Trails End Avenue is to have a total width of 60 feet, with the southern portion of
the roadway already dedicated. The applicant is requesting to have Trails End Avenue
reduced to a total right-of-way width of 37 feet, with no curb, gutter, sidewalk, or
streetlights and landscape buffer. With no amenities, the actual pavement width would be
32 feet. The applicant justifies this by noting the proposed residential development will
have no ingress or egress from Trails End Avenue and only three properties adjacent to
Trails End Avenue on the south will be utilizing the roadway.

Staff recommends the installation of half-street improvements adjacent to all new


development, as such improvements help the City meet Americans with Disabilities Act
(ADA) requirements and aid in the containment and direction of storm water in an efficient

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[PRJ-69151]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

manner to protect City roadways. In addition, City standards require sidewalk on both
sides of all public streets, even if such sidewalks are allowed to be deferred in support of a
current rural character. Appropriate right-of-way should be preserved for the future
installation of such sidewalk, should it ever become desired in the future; therefore staff is
recommending denial of the Variance and Waiver requests.

Tentative Map

The proposed site consists of a 7.22 acre parcel adjacent to the southeast corner of
Moccasin Road and Homestead Road, with a second 4.73 lot directly adjacent to the
south. The northern 7.22 acre parcel contains an approximately 300-foot wide Nevada
Energy Easement that is not able to be developed as part of the proposed overall single
family residential subdivision. If approved, this portion of the site will be an undeveloped
(natural desert) common lot with only an access drive from Moccasin Road to the
neighborhood for the residents.

The applicant has proposed a 20-lot single family subdivision with lot sizes that will
gross anywhere from 14,000 square feet to a little over 22,000 square feet. The net
square footage of these lots after the private streets are constructed ranges from 11,000
square feet to a little over 18,000 square feet. No building or floor plans have been
submitted as part of this application, but if approved, the R-D (Single Family
Residential-Restricted) requires a 25-foot front yard setback, a five-foot side yard
setback (15-foot corner side yard setback), and a 30-foot rear yard setback. Future
development would be required to fit within this building envelop.

The submitted east/west cross sections depict maximum natural grade greater than 2%
across this site. Per the Tables in Subdivision Code 19.06.050 a development with
natural slope greater than 2%, is allowed a maximum 6-foot retaining wall. An
estimated 2-3-foot retaining wall is shown on the east and west property lines.

The submitted north/south cross section depicts maximum natural grade less than 2%
across this site. Per the Tables in Subdivision Code 19.06.050 a development with
natural slope less than 2%, is allowed a maximum 4-foot retaining wall. An estimated 2-
foot retaining wall is shown on the north property line and no retaining wall is shown on
the south property line.

If approved, this project will add approximately 190 trips per day on Trails End Avenue,
Homestead Road, Log Cabin Way, and Durango Drive. Currently, Homestead is
approximately three percent of capacity, Log Cabin is approximately 10 percent of
capacity, and Durango Drive is approximately nine percent of capacity. With this project,
Homestead Road is expected to be at approximately five percent of capacity, Log Cabin

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[PRJ-69151]
Staff Report Page Six
October 10, 2017 - Planning Commission Meeting

Way to be approximately 11 percent of capacity, and Durango Drive to remain at


approximately nine percent of capacity. Traffic counts are not available for Trails End in
this area, but it is believed to be under capacity.

Based on Peak Hour use, this development will add into the area approximately 20
additional cars an hour, or about one every three minutes.

Although the applicant has proposed a 20-lot single family residential subdivision with an
approximate density of 1.66 units per acre, once the General Plan is amended and the
sites rezoned, a new Tentative Map could be requested to allow up to 41 units. These
requests create an island of higher density residential amongst lower density residential
development; therefore, staff is recommending denial of all request.

FINDINGS (GPA-69220)

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

1. The density and intensity of the proposed General Plan Amendment is


compatible with the existing adjacent land use designations,

The subject site is adjacent to property designated RNP (Rural Neighborhood


Preservation), which allows a minimum density of 2.0 units per acre, and property
designated PCD (Planned Community Development), which also allows a
minimum of 2.0 units per acre. Amending the General Plan to R (Rural), which
allows for up to 3.59 units per acre, is not compatible with the existing adjacent
land use designations.

2. The zoning designations allowed by the proposed amendment will be


compatible with the existing adjacent land uses or zoning districts,

The R (Rural Density Residential) General Plan Designation allows the R-E
(Residence Estates), the proposed R-D (Single Family Residential-Restricted),
and the R-1 (Single Family Residential) zoning districts. The existing
surrounding land uses consist of undeveloped lots and single-family, detached
dwelling units zoned either R-E (Residence Estates) or R-PD2 (Residential
Planned Development 2 Units Per Acre) with minimum lot sizes of
approximately one-half acre, or 20,000 square feet. The R-D (Single Family
Residential-Restricted) requires a minimum lot size of 10,000 square feet, and
the R-1 (Single Family Residential) zoning district has a minimum lot size of
6,500 square feet. This is half to one-third of the minimum lot sizes surrounding
the subject sites and is not compatible.

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Conditions Page Seven
October 10, 2017 - Planning Commission Meeting

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


accommodate the uses and densities permitted by the proposed General
Plan Amendment; and

The applicant is requesting Variances and Waivers to allow no amenity zones,


including no streetlights and no sidewalks. The lack of these crucial amenities do
not support the Citys General Plan to provide a safe and accessible
environment for the residents, nor does it provide for an adequate mechanism
for storm water to drain from the area.

4. The proposed amendment conforms to other applicable adopted plans and


policies that include approved neighborhood plans.

The subject sites are currently designated DR (Desert Rural Density


Residential) which allows densities up to 2.49 units per acre. To the west of the
subject sites is a five-acre parcel that is included in the Interlocal Agreement
between the City of Las Vegas and County of Clark adopted on December 21,
2016. This agreement mandates these parcels designated by the agreement to
remain residential with a density no greater than 2.0 units per acre. Designating
property adjacent to this parcel that would allow a density up to 3.59 units per
acre is not compatible to other applicable plans within the immediate area.

FINDINGS (ZON-69224)

In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning


Commission or City Council must affirm the following:

1. The proposal conforms to the General Plan.

If the companion General Plan Amendment application is approved, the proposed


R-D (Single Family Residential-Restricted) would conform to the General Plan.

2. The uses which would be allowed on the subject property by approving the
rezoning will be compatible with the surrounding land uses and zoning
districts.

The R-D (Single Family Residential-Restricted) zoning district allows for single-
family, detached development with a minimum lot size of 10,000 square feet,
which is half the minimum size of the adjacent R-E (Residence Estates) zoning
district to the west and south. The R-E (Residence Estates) zoning district
requires a minimum lot size of 20,000 square feet.

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[PRJ-69151]
Conditions Page Eight
October 10, 2017 - Planning Commission Meeting

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

Development surrounding the subject sites consists of single-family detached


homes and undeveloped lots ranging in size from approximately 19,000 square
feet to approximately 46,000 square feet. 10,000 square-foot residential lots are
not compatible with the surrounding community.

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


adequate in size to meet the requirements of the proposed zoning district.

The applicant is requesting Variances and Waivers to allow no amenity zones,


including no streetlights and no sidewalks. The lack of these crucial amenities do
not support the Citys General Plan to provide a safe and accessible
environment for the residents, nor does it provide for an adequate mechanism
for storm water to drain from the area.

FINDINGS (VAR-71518)

In accordance with the provisions of Title 19.16.140(B), Planning Commission and City
Council, in considering the merits of a Variance request, shall not grant a Variance in
order to:

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

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Staff Report Page Nine
October 10, 2017 - Planning Commission Meeting

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by proposing a residential subdivision
that does not meet Title 19 minimum requirements set forth for the development of
residential subdivisions. Dedicating the required right-of-way and providing such
amenities as the minimally required streetlights, sidewalks, and landscape buffers would
allow conformance to the Title 19 requirements for residential subdivisions and adjacent
roadways. In view of the absence of any hardships imposed by the sites physical
characteristics, it is concluded that the applicants hardship is preferential in nature, and
it is thereby outside the realm of NRS Chapter 278 for granting of Variances.

BACKGROUND INFORMATION

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


Staff administratively approved a request for a Site Development Plan
Review (SD-0067-01) for proposed electrical overhead transmission
lines located adjacent to the south side of the Moccasin Road
12/11/01
alignment, between US-95 and Jones Boulevard and bearing east-
southeast from Moccasin Road and Jones Boulevard to Decatur
Boulevard.
The Planning Commission voted (4-0) to hold GPA-69220 and ZON-
04/11/17 69224 in abeyance to the June 13, 2017 Planning Commission
meeting.
The Planning Commission voted (7-0) to hold GPA-69220 and ZON-
06/13/17 69224 in abeyance to the September 12, 2017 Planning Commission
meeting.
The Planning Commission voted (7-0) to hold GPA-69220 and ZON-
09/12/17 69224 in abeyance to the October 10, 2017 Planning Commission
meeting.

Most Recent Change of Ownership for 125-05-503-001 and 002


12/19/08 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


Drainage Study (DS3456-1) was approved for Log Cabin Ranch
10/08/09
access road mass grading.

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Staff Report Page Ten
October 10, 2017 - Planning Commission Meeting

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
02/21/17 requirements for a General Plan Amendment and Rezoning
application were discussed.
Staff conducted a second pre-application meeting to discuss the
07/13/17 submittal requirements for a Tentative Map and the associated
Waivers and Variances.
A follow-up pre-application meeting was held to further discuss the
07/31/17 options available to the applicant in regards to sewer, flood control,
and right-of-way improvements.
A follow-up pre-application meeting was held to ensure the submittal
package was complete and all areas of concern by both the applicant
08/22/17 and the immediate neighbors were addressed on the plans. This
meeting was held to ensure a complete submittal in order to avoid any
further delays.

Neighborhood Meeting
Meeting Start Time: 6:00 p.m.
Meeting End Time: 7:15 p.m.

Attendance: 1 Representative from the Planning Department;


2 Representatives from Ward 6 Mayor Pro Tem Ross;
4 Representatives for the applicant;
2 Representatives from Clark County, District B;
and approximately 9 members of the public (neighbors).

The meeting opened with a presentation of the proposed project by the


applicants engineer followed by a question and answer session. Some
03/22/17 of the questions and concerns expressed by the neighbors included:
Some residents do not want Homestead vacated, a few were in
agreement with the proposal. There is concern as to how traffic
would proceed through the neighborhood once Homestead
Road was vacated and if other streets would see an increase in
traffic levels.
The residents do not want the subject properties rezoned to R-
D, the residents want the property to remain zoned R-E. There
is concern that the proposed plans would be discarded later and
the property would be developed to the minimum lot size of
10,000 square feet allowed by the R-D zoning district.

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Staff Report Page Eleven
October 10, 2017 - Planning Commission Meeting

Neighborhood Meeting
There is concern in regards to home values. If the subject sites
are developed to the lot minimums with small homes, the
surrounding properties value would drop.
Questions were raised as to whether or not horses could be
kept on property zoned R-D. The R-D zoning district requires
the minimum lot size to be 18,000 square feet for a horse. Staff
informed the neighbors that it is possible to develop a horse
friendly neighborhood.
Questions were also raised in regards to half street
improvements and how that would affect the roads currently not
improved, and those roadways within the County.
Representatives from Clark County District B indicated they
would look into the matter further.

A representative for the bank owned properties gave a brief history of


the bank came to own the properties and expressed their willingness
to work with the neighbors to have the best result possible for
everyone involved while realizing not everyone would be pleased with
the proposal. A representative for the adjacent 5 acre parcel (not part
of this action) also gave insight as to the thought process that went
into the current configuration of the combined 17 plus acres. He also
expressed to the neighbors a willingness to work with them for a
successful outcome.

Currently the neighbors use Homestead Road as a horse pathway to


the adjacent desert area for riding. One neighbor mentioned the idea
of having a horse trail installed along the western edge of parcel
number 125-05-502-014 if Homestead Road was vacated. The
applicants were open to the idea of creating a horse trail.

The residents requested another neighborhood meeting with an


expanded notification area. Staff asked the neighbors which residents
they would like to be included and mapped with the applicants
representative a custom notification area to be created for the next
neighborhood meeting. This neighborhood meeting would be
scheduled in approximately one month. At the conclusion of the
meeting, the applicants representatives and the neighbors agreed to
continue to work together for the best solution possible.

Staff was not in attendance to the subsequent three neighborhood


meetings.

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Staff Report Page Twelve
October 10, 2017 - Planning Commission Meeting

Field Check
During a routine field check, staff observed the undeveloped site.
03/02/17
Nothing of concern was noted by staff.
During a routine field check, staff observed the undeveloped site.
08/31/17
Nothing of concern was noted by staff.

Details of Application Request


Site Area
Gross Acres 11.95

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject DR (Desert Rural R-E (Residence
Undeveloped
Property Density Residential) Estates)
U (Undeveloped) [TND
TND (Traditional (Traditional
North Undeveloped Neighborhood Neighborhood
Development) Development) General
Plan Designation]

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
RNP (Rural
Neighborhood R-E (Residence
South Undeveloped
Preservation Estates)
Residential Density)
PCD (Planned R-PD2 (Residential
Single Family,
East Community Planned Development
Detached
Development) 2 Units Per Acre)
RNP (Rural
Neighborhood R-E (Residence
West Undeveloped
Preservation Estates)
Residential Density)

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[PRJ-69151]
Staff Report Page Thirteen
October 10, 2017 - Planning Commission Meeting

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Purpose and Overlay Districts Compliance
No Applicable Special Purpose or Overlay Districts N/A
Other Plans or Special Requirements Compliance
Centennial Hills Sector Plan Y
Northwest Open Space Plan Y
Trails Multi-Use Non-Equestrian (Moccasin Road) N*
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A
*Half street improvements that include a Multi-Use Non-Equestrian trail is required
adjacent to Moccasin Road. The applicant has requested a Variance to allow for no
amenity zone adjacent to Moccasin Road.

Pursuant to 19.06, the following standards apply for the R-D (Single Family
Residential Restricted):
Standard Required/Allowed Provided Compliance
Min. Lot Size 10,000 SF 11,040 SF (net) Y
Min. Lot Width 80 Feet 80 Feet Y

Existing General Plan Permitted Density Units Allowed


DR (Desert Rural 0 2 dwelling units/
0 - 23
Residential Density) gross acre
Proposed General Plan Permitted Density Units Allowed
R (Rural Residential 2.1 3.5 dwelling units/
25 41
Density) gross acre

Existing Zoning Permitted Density Units Allowed


20,000 SF
R-E (Residence Estates) 23
Minimum Size Lot
Proposed Zoning Permitted Density Units Allowed
R-D (Single Family 10,000 SF
41
Residential-Restricted) Minimum Size Lot

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[PRJ-69151]
Staff Report Page Fourteen
October 10, 2017 - Planning Commission Meeting

Functional Actual Compliance


Governing
Street Name Classification of Street Width with Street
Document
Street(s) (Feet) Section
Moccasin
Local Title 13 N/A N
Road
Homestead
Local Title 13 20 N
Road
Trails End
Local Title 13 N/A N
Avenue
*Moccasin Road, Homestead Road, and Trails End Avenue have not been installed per
Title 19.04 standards for Complete Streets. The applicant has requested Variances and
Waivers to allow no amenity zones for the roadways surrounding the proposed
development. This includes no landscape buffer, no streetlights, and no curb, gutter or
sidewalk.

19.04.040 Connectivity
Transportation Network Element # Links # Nodes
Internal Street 4
Intersection Internal 2
Cul-de-sac Terminus 2
Total 4 4
Required Provided
Connectivity Ratio (Links / Nodes): 1.30 1.0*
*This connectivity ratio does not meet the desired standard of 1.3 for area residents.

Streetscape Standards Required Provided Compliance


To design for half
street improvements
but not install them,
18-inch curb and only provide
gutter, five-foot pavement along
Moccasin Road (60-Foot) N*
landscape buffer, and Moccasin Road to the
a five-foot sidewalk. entrance of the
proposed residential
subdivision. No curb,
gutter or sidewalk .
18-inch curb and To provide 32 feet of
gutter, five-foot pavement and no
Homestead Road (60-Foot) N*
landscape buffer, and curb, gutter, or
a five-foot sidewalk. sidewalk.

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[PRJ-69151]
Staff Report Page Fifteen
October 10, 2017 - Planning Commission Meeting

Streetscape Standards Required Provided Compliance


To provide a 37-foot
18-inch curb and
right-of-way with only
gutter, five-foot
Trails End Avenue (60-Foot) 32 feet of pavement N*
landscape buffer, and
and no curb, gutter, or
a five-foot sidewalk.
sidewalk.
*The applicant is requesting a Variance to allow no amenity zones, and to reduce the right-
of-way width of Trails End Avenue from 60 feet to 37 feet.

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GPA-69220



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TND PR-OS

MOCCASIN RD

PCD
DR

RNP

SUBJECT
PROPERTY

N DURANGO DR
TRAILS END AVE
HOMESTEAD RD
FOUR VIEWS ST

SOLITUDE SUMMIT ST

ROCKY AVE

CABIN DR

FROM DR TO R
General Plan Amendment
1000' Buffer
RNP - Rural Neighborhood MLA - Medium - Low Attached GTC - Tourist Commercial PF-CC Public Facility
Preservation Clark County
LVMD - Las Vegas Medical City Limits
M - Medium
RE - Rural Estates District TC - Town Center
H - High LI/R - Light Industrial / Research Not City
DR - Desert Rural RC - Resource Conservation
PCD - Planned Community
R - Rural O - Office
Development C - Downtown - Com mercial Subject Property GIS maps are normally produced
only to meet the needs of the City.
Due to continuous development activity
SC - Service Com mercial PR-OS - Park/Recreation/ this map is for reference only.
L - Low MXU - Downtown - Mixed Use Geographic Inform ation System
Open Space Planning & Development Dept.
ML - Medium - Low GC - General Commercial TND - Tradional Neighborhood 702-229-6301
PF - Public Facility
Development Date: Thursday, March 02, 2017
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GPA-69220, ZON-69224, WVR-71516, WVR-71517, VAR-71518 and TMP-71519


GPA-69220 [PRJ-69151] - GENERAL PLAN AMENDMENT RELATED TO ZON-69224, WVR-71516, WVR-71517,
VAR-71518 AND TMP-71519 - APPLICANT: VALLEY BANK OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS
NORTHEAST CORNER OF TRAILS END AVENUE AND HOMESTEAD ROAD
08/31/2017
GPA-69220 [PRJ-69151] - GENERAL PLAN AMENDMENT RELATED TO ZON-69224, WVR-71516, WVR-71517,
VAR-71518 AND TMP-71519 - APPLICANT: VALLEY BANK OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS
NORTHEAST CORNER OF TRAILS END AVENUE AND HOMESTEAD ROAD
08/31/2017
GPA-69220 [PRJ-69151] - GENERAL PLAN AMENDMENT RELATED TO ZON-69224, WVR-71516, WVR-71517,
VAR-71518 AND TMP-71519 - APPLICANT: VALLEY BANK OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS
NORTHEAST CORNER OF TRAILS END AVENUE AND HOMESTEAD ROAD
08/31/2017
GPA-69220 [PRJ-69151] - GENERAL PLAN AMENDMENT RELATED TO ZON-69224, WVR-71516, WVR-71517,
VAR-71518 AND TMP-71519 - APPLICANT: VALLEY BANK OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS
NORTHEAST CORNER OF TRAILS END AVENUE AND HOMESTEAD ROAD
08/31/2017
GPA-69220 [PRJ-69151] - GENERAL PLAN AMENDMENT RELATED TO ZON-69224, WVR-71516, WVR-71517,
VAR-71518 AND TMP-71519 - APPLICANT: VALLEY BANK OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS
NORTHEAST CORNER OF TRAILS END AVENUE AND HOMESTEAD ROAD
08/31/2017
GPA-69220 [PRJ-69151] - GENERAL PLAN AMENDMENT RELATED TO ZON-69224, WVR-71516, WVR-71517,
VAR-71518 AND TMP-71519 - APPLICANT: VALLEY BANK OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS
NORTHEAST CORNER OF TRAILS END AVENUE AND HOMESTEAD ROAD
08/31/2017
GPA-69220 [PRJ-69151] - GENERAL PLAN AMENDMENT RELATED TO ZON-69224, WVR-71516, WVR-71517,
VAR-71518 AND TMP-71519 - APPLICANT: VALLEY BANK OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS
NORTHEAST CORNER OF TRAILS END AVENUE AND HOMESTEAD ROAD
08/31/2017
GPA-69220 [PRJ-69151] - GENERAL PLAN AMENDMENT RELATED TO ZON-69224, WVR-71516, WVR-71517,
VAR-71518 AND TMP-71519 - APPLICANT: VALLEY BANK OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS
NORTHEAST CORNER OF TRAILS END AVENUE AND HOMESTEAD ROAD
08/31/2017

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GPA-69220, ZON-69224, WVR-71516, WVR-71517, VAR-71518 and TMP-71519


GPA-69220 and ZON-69224
Agenda Item No.: 29.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - ZON-69224 - REZONING RELATED TO GPA-69220 - PUBLIC HEARING -
APPLICANT: VALLEY BANK OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS -
For possible action on a request for a Rezoning FROM: R-E (RESIDENCE ESTATES) TO: R-D
(SINGLE FAMILY RESIDENTIAL-RESTRICTED) on 11.95 acres at the northeast corner of
Trails End Avenue and Homestead Road (APNs 125-05-503-001 and 002), Ward 6 (Fiore) [PRJ-
69151]. Staff recommends DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 8 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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-69224



ZON-69224 77

7777

777

77



ZON-69224



7
A 7 77b
A b A 7 7 7

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ZON-69224

U(TND) U(PROS

MOCCASIN RD

R-E

SUBJECT
PROPERTY

N DURANGO DR
TRAILS END AVE
HOMESTEAD RD

R-PD2
FOUR VIEWS ST

SOLITUDE SUMMIT ST

ROCKY AVE

CABIN DR

Zoning FROM R-E TO R-D


U - (GPA Designation) R-2 - Medium-Low P-O - Professional Office C-M - Commercial/Industrial
Undeveloped Density Residential 1000' Buffer
R-3 - Medium Density N-S - Neighborhood Service M - Industrial
R-A - Ranch Acres
Residential City Limits
O - Office C-V - Civic
R-E - Residential Estates R-4 - High Density
R-D - Single-Family Residential C-D - Designed Commercial P-C - Planned Community Not City
Residential-Restricted R-5 - Apartment
R-PD - Residential C-1 - Limited Commercial T-D - Traditional Development Subject Property GIS maps are normally produced
R-MH - Mobile/Manufactured only to meet the needs of the City.
Planned Development Home Residence Due to continuous development activity
C-2 - General Commercial PD - Planned Development
R-1 - Single Family this map is for reference only.
R-MHP - Residential Mobile/ C-PB - Planned Business
Geographic Inform ation System
Residential T-C - Town Center
Manufactured Home Park
Planning & Development Dept.

R-CL - Single-Family Park 702-229-6301

Compact-Lot P-R - Professional Offices Date: Thursday, March 02, 2017


and Parking
Agenda Item No.: 30.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
WVR-71516 - WAIVER RELATED TO GPA-69220 AND ZON-69224 - PUBLIC HEARING -
APPLICANT: VALLEY BANK OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS -
For possible action on a request for a Waiver TO ALLOW NO EXTERNAL STREETLIGHTS
FOR A PROPOSED 20-LOT RESIDENTIAL SUBDIVISION on 11.95 acres at the northeast
corner of Trails End Avenue and Homestead Road (APNs 125-05-503-001 and 002), R-E
(Residence Estates) Zone [PROPOSED: R-D (Single Family Residential-Restricted)], Ward 6
(Fiore) [PRJ-69151]. Staff recommends DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
WVR-71516 77

7777

777

77



Agenda Item No.: 31.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
WVR-71517 - WAIVER RELATED TO GPA-69220, ZON-69224 AND WVR-71516 -
PUBLIC HEARING - APPLICANT: VALLEY BANK OF NEVADA - OWNER: BANK OF
NORTH LAS VEGAS - For possible action on a request for a Waiver TO ALLOW PRIVATE
STREETS TO NOT BE DEVELOPED TO PUBLIC STREET STANDARDS BEHIND A
GATE on 11.95 acres at the northeast corner of Trails End Avenue and Homestead Road (APNs
125-05-503-001 and 002), R-E (Residence Estates) Zone [PROPOSED: R-D (Single Family
Residential-Restricted)], Ward 6 (Fiore) [PRJ-69151]. Staff recommends DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
WVR-71517



A 7 7 A

A 7 7 A b A 7

b 7 WVR-71517 A 7
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b 7

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WVR-71517


Agenda Item No.: 32.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71518 - VARIANCE RELATED TO GPA-69220, ZON-69224, WVR-71516 AND WVR-
71517 - PUBLIC HEARING - APPLICANT: VALLEY BANK OF NEVADA - OWNER:
BANK OF NORTH LAS VEGAS - For possible action on a request for a Variance TO ALLOW
A 1.0 STREET CONNECTIVITY RATIO WHERE 1.3 IS REQUIRED; NO AMENITY
ZONES INCLUDING SIDEWALKS, AMENITY AREAS, OFF-SITE BUFFER STRIPS AND
ON-SITE PLANTING AREAS WHERE SUCH IS REQUIRED; AND NO CURBS OR
GUTTERS WHERE SUCH IS REQUIRED ALONG TRAILS END AVENUE, HOMESTEAD
ROAD AND MOCCASIN ROAD; AND TO ALLOW TRAILS END AVENUE TO BE 37
FEET IN WIDTH WHERE 47 FEET IS REQUIRED on 11.95 acres at the northeast corner of
Trails End Avenue and Homestead Road (APNs 125-05-503-001 and 002), R-E (Residence
Estates) Zone [PROPOSED: R-D (Single Family Residential-Restricted)], Ward 6 (Fiore) [PRJ-
69151]. Staff recommends DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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-71518



A 7 7 A

A 7 7 A b A 7

b 7 VAR-71518 A 7
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Agenda Item No.: 33.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
TMP-71519 - TENTATIVE MAP RELATED TO GPA-69220, ZON-69224, WVR-71516,
WVR-71517, AND VAR-71518 - MOCCASIN AND HOMESTEAD - PUBLIC HEARING -
APPLICANT: VALLEY BANK OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS -
For possible action on a request for a Tentative Map FOR A 20-LOT SINGLE FAMILY
RESIDENTIAL SUBDIVISION on 11.95 acres at the northeast corner of Trails End Avenue and
Homestead Road (APNs 125-05-503-001 and 002), R-E (Residence Estates) Zone [PROPOSED:
R-D (Single Family Residential-Restricted)], Ward 6 (Fiore) [PRJ-69151]. Staff recommends
DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Traffic Notes from City of Las Vegas Department of Public Works
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
TMP-71519 77

7777

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TMP-71519



TMP-71519



TMP-71519

TMP-71519

TMP-71519
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TMP 71519
Valley Bank of Nevada

NEC Trails End Avenue & Homestead Road


Proposed 20 unit single family residential development.

Proposed Use

Average Daily Traffic (ADT) 9.52 190


AM Peak Hour SINGLE FAMILY DETACHED [DWELL] 20 0.75 15
PM Peak Hour 1.00 20

Existing traffic on nearby streets:


Homestead Road
Average Daily Traffic (ADT) 375
PM Peak Hour (heaviest 60 minutes) 30

Log Cabin Way


Average Daily Traffic (ADT) 1,195
PM Peak Hour (heaviest 60 minutes) 96

Durango Drive
Average Daily Traffic (ADT) 2,888
PM Peak Hour (heaviest 60 minutes) 231

Traffic Capacity of adjacent streets:


Adjacent Street ADT Capacity
Homestead Road 12,480
Log Cabin Way 12,480
Durango Drive 33,800

This project will add approximately 190 trips per day on Trails End Ave., Homestead Rd., Log Cabin Wy. and Durango Dr.
Currently, Homestead is at about 3 percent of capacity, Log Cabin is at about 10 percent of capacity and Durango is at
about 9 percent of capacity. With this project, Homestead is expected to be at about 5 percent of capacity, Log Cabin to be
at about 11 percent of capacity and Durango to remain at about 9 percent of capacity. Counts are not available for Trails
End in this area, but it is believed to be under capacity.

Based on Peak Hour use, this development will add into the area roughly 20 additional cars, or about one every three
minutes.

Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 34.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - GPA-69192 - GENERAL PLAN AMENDMENT - PUBLIC HEARING -
APPLICANT/OWNER: STEVE DIMOULAS - For possible action on a request for a General
Plan Amendment FROM: DR (DESERT RURAL DENSITY RESIDENTIAL) TO: SC
(SERVICE COMMERCIAL) on 0.59 acres at 4801 Ricky Road (APN 138-12-710-092), Ward 5
(Barlow) [PRJ-69087]. Staff recommends DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 8 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - GPA-69192, ZON-69193 and SDR-71490 [PRJ-69087]
3. Supporting Documentation - GPA-69192, ZON-69193 and SDR-71490 [PRJ-69087]
4. Photo(s) - GPA-69192, ZON-69193 and SDR-71490 [PRJ-69087]
5. Justification Letter - GPA-69192 and ZON-69193 [PRJ-69087]
6. Protest Letter and Protest/Support Postcards for GPA-69192 and ZON-69193 [PRJ-69087]
GPA-69192, ZON-69193 and SDR-71490 [PRJ-69087]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: STEVE DIMOULAS

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
GPA-69192 Staff recommends DENIAL.
ZON-69193 Staff recommends DENIAL. GPA-69192
SDR-71490 Staff recommends DENIAL, if approved subject to GPA-69192, ZON-
conditions: 69193

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 11

NOTICES MAILED 528 - GPA-69192 and ZON-69193


526 - SDR-71490

PROTESTS 8 - GPA-69192 and ZON-69193


2 - SDR-71490

APPROVALS 1 - GPA-69192 and ZON-69193


1 - SDR-71490

CS
GPA-69192, ZON-69193 and SDR-71490 [PRJ-69087]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

SDR-71490 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for General Plan


Amendment (GPA-69192) and Rezoning (ZON-69193) shall be required, if
approved.

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

3. All development shall be in conformance with the site plan, landscape plan, floor
plan and building elevations, date stamped [08/22/17], except as amended by
conditions herein.

4. A Waiver from Title 19.08.070 is hereby approved, to allow a ten-foot landscape


buffer along the north property line where 15 feet is the minimum required.

5. An Exception from Title 19.08.040 is hereby approved, to allow 93 landscape


buffer shrubs where 124 are required.

6. An Exception from Title 19.08.110 is hereby approved, to allow no parking lot


landscape islands where one is required at the end of each row of parking spaces
and to allow one parking lot tree where five are required.

7. The Trash Enclosure shall be screened in accordance with Title 19.08.040(E)(4).

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.

CS
GPA-69192, ZON-69193 and SDR-71490 [PRJ-69087]
Conditions Page Two
October 10, 2017 - Planning Commission Meeting

10. A technical landscape plan, signed and sealed by a Registered Architect,


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

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

12. Prior to or at the time of submittal for any building permit, the applicant shall
provide written verification by the FAA and/or the Clark County Department of
Aviation of the following:
a. Applicant is required to file a valid FAA Form 7460-1, "Notice of Proposed
Construction or Alteration" with the FAA, in accordance with 14 CFR Part 77, or
submit to the Clark County Director of Aviation a Property Owners Shielding
Determination Statement and request written concurrence from the Clark
County Department of Aviation;
b. No Building Permit or other construction permit shall be issued for any structure
greater than 35 feet above the surface of land that, based upon the FAAs 7460
airspace determination (the outcome of filing the FAA Form 7460-1) would (a)
constitute a hazard to air navigation, (b) would result in an increase to minimum
flight altitudes during any phase of flight (unless approved by the Department of
Aviation), or (c) would otherwise be determined to pose a significant adverse
impact on airport or aircraft operations.
c. Applicant is advised that FAAs airspace determinations are dependent on
petitions by any interested party and the height that will not present a hazard as
determined by the FAA may change based on these comments.
d. Applicant is advised that the FAAs airspace determinations include expiration
dates and that the separate airspace determinations will be needed for
construction cranes or other temporary equipment.

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

Public Works

14. Construct half-street improvements on Ricky Road concurrent with development of


this site. In accordance with code requirements of Title 13.56, remove all
substandard offsite improvements, if any, and replace with new improvements
meeting Current City Standards concurrent with development of this site. All
existing paving damaged or removed by this development shall be restored at its
original location and to its original width concurrent with development of this site.

CS
GPA-69192, ZON-69193 and SDR-71490 [PRJ-69087]
Conditions Page Three
October 10, 2017 - Planning Commission Meeting

15. Correct all Americans with Disabilities Act (ADA) deficiencies, if any, on the
sidewalk along Decatur Boulevard 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.

16. 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.

17. Concurrent with onsite development, this site shall connect to the existing sewer
line in Ricky Road.

18. Prior to the recordation of a Final Map for this site, grant a Bus Shelter Pad
Easement to the Regional Transportation Commission (RTC) acceptable to the
RTC and in conformance with Standard Drawing #234.2 for the existing bus stop
on Decatur Boulevard adjacent to 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. 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.

CS
GPA-69192, ZON-69193 and SDR-71490 [PRJ-69087]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a General Plan Amendment from DR (Desert Rural Density
Residential) to SC (Service Commercial), a Rezoning from R-E (Residence Estates) to
C-1 (Limited Commercial) and a Site Development Plan Review for an office shell
building. The subject site is located at 4801 Ricky Road.

ISSUES

The proposed General Plan Amendment and Rezoning does not adhere to the intent
of the RP-O (Rural Preservation Overlay) District and the Centennial Hills Sector
Plan.
A Waiver is required to allow a 10-foot landscape buffer along the north property line
where 15 feet is required.
Exceptions of Title 19.08 are required in order to allow a decrease in landscaping
requirements.

ANALYSIS

The subject site is an approximate 0.59-acre corner lot, surrounded by established


single family residences. The parcels adjacent to the north, south and west are all
zoned R-E (Residence Estates) and have single family detached dwellings. The
property to the east, located in the City of North Las Vegas, is a mixture of multi-family
and single-family dwellings that are zoned PUD (Planned Unit Development). Approval
of the requested entitlements would allow the applicant to operate uses such as a
Restaurant, Trade School or Wedding Chapel, which are all permitted land uses in the
C-1 (Limited Commercial) zoning district. Additionally, there are other more intense
uses, such as an Auto Broker, Auto Repair Garage, and a Bailbond Service that would
be permitted with an approved Conditional Use Verification or Special Use Permit in the
proposed C-1 zoning district.

In addition to the proposed General Plan Amendment and Rezoning, the applicant has
submitted a Site Development Plan Review request to allow a 6,032 square-foot office
shell building. Contingent upon the approval of the associated General Plan
Amendment and Rezoning, the proposed development is subject to Title 19.08
development standards for the C-1 (Limited Commercial) zoning district. The submitted
elevations, date stamped on 08/22/17, depict a 15-foot tall building with a pitched roof.

CS
GPA-69192, ZON-69193 and SDR-71490 [PRJ-69087]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

The exterior faade is proposed to be a combination of palo verde stone and apache
white stucco. The submitted site plan depicts an acceptable total of 26 parking spaces
and one loading space. The parking analysis is based on an Office, Other Than Listed
land use. If the proposed building changes to another use allowed in the C-1 (Limited
Commercial) zoning district, it would have to meet the minimum required parking
spaces per Title 19.08 and 19.12.

The submitted landscape plan fails to meet several minimum Title 19 requirements. Per
Title 19.08.040, four 5-gallon shrubs shall be planted for every required tree in the
landscape buffers. The applicant has proposed a total of 93 shrubs where 124 are
required. Per Title 19.08.110, landscape islands are required at the end of each row of
parking spaces and one tree is required to be planted for every six uncovered parking
spaces. Exceptions are needed to allow a reduction in perimeter landscaping, no
parking lot landscape islands and to allow only one parking lot tree where five are
required. Per Title 19.08.070, a minimum landscape buffer of 15 feet is required for lot
lines adjacent to a right-of-way. A Waiver is needed to allow a proposed 10-foot
landscape buffer along the north property line where 15 feet is required. The primary
tree species utilized for landscaping are the 24-inch box Mondel Pine Trees and 24-inch
box Aleppo Pine Trees, which are consistent with the trees that are on the Southern
Nevada Regional Plan Coalition Regional Plant List.

This project was routed to various agencies for comment. The City of Las Vegas Public
Works Traffic Department submitted the following comment, This project will add
approximately 67 trips per day on Ricky Rd., Decatur Blvd. and Cheyenne Ave.
Currently, Decatur is at about 57 percent of capacity and Cheyenne is at about 60
percent of capacity. With this project, Decatur and Cheyenne are expected to remain
unchanged. Counts are not available for Ricky in this area, but it is believed to be under
capacity. Based on Peak Hour use, this development will add into the area roughly 9
additional cars, or about one every seven minutes. The Clark County Department of
Aviation submitted the following comment, The proposed development will exceed the
100:1 notice requirement for the North Las Vegas Airport (VGT). Therefore, as required
by 14 CFR Part 77, the FAA must be notified of the proposed construction or alteration.
Conditions of approval have been added to ensure this requirement is met.

The subject site is located within the Centennial Hills Sector Plan Area. Under this plan,
the goal listed for Objective 2.8 (B) states, Achieve a compatible balance of land uses
that are standard throughout the Centennial Hills Sector by providing appropriate and
compatible locations for all land use categories. The proposed development does not
adhere to this goal as rezoning to the C-1 (Limited Commercial) zoning district would
allow for uses that are not compatible with the existing residential neighborhood. A
neighborhood meeting was held on 03/20/17, prior to the submitted Site Development
Plan Review proposal. At the time, the applicant discussed possible restaurant and tire

CS
GPA-69192, ZON-69193 and SDR-71490 [PRJ-69087]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

shop uses. The majority of the public present at that meeting were opposed to the
proposed General Plan Amendment and Rezoning without knowing the exact use of the
site.

The subject site is surrounded by residential uses and is located within a large-lot
residential development. While the applicant has proposed to develop the site with an
office shell building, the proposed land use designation and zoning district would allow
uses that are too intense for the surrounding adjacent uses; therefore, staff
recommends denial of the request. If approved, the petition is subject to conditions.

FINDINGS (GPA-69192)

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

1. The density and intensity of the proposed General Plan Amendment is


compatible with the existing adjacent land use designations,

The proposed SC (Service Commercial) General Plan Designation is not


compatible with the existing adjacent land uses. The subject site is surrounded by
large lot residential uses.

2. The zoning designations allowed by the proposed amendment will be


compatible with the existing adjacent land uses or zoning districts,

In addition to the requested General Plan Amendment, the applicant is also


requesting a Rezoning from R-E (Residence Estates) to C-1 (Limited
Commercial). The subject site is adjacent to residentially zoned properties. The
proposed rezoning would not be compatible with the existing surrounding land
uses, as it would allow commercial uses to encroach into an established
residential neighborhood.

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


accommodate the uses and densities permitted by the proposed General
Plan Amendment; and

The subject site is located on a primary arterial street and within a predominantly
residential area. There is access to adequate transportation, recreation, and utility
facilities to accommodate the proposed General Plan Amendment.

4. The proposed amendment conforms to other applicable adopted plans and


policies that include approved neighborhood plans.

CS
GPA-69192, ZON-69193 and SDR-71490 [PRJ-69087]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

The subject site is located within the Rural Preservation Overlay District. The
intent of this district is to ensure that the rural character of each rural
preservation neighborhood is preserved. The proposed General Plan
Amendment and Rezoning would not be in line with the mission of this district.

FINDINGS (ZON-69193)

In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning


Commission or City Council must affirm the following:

1. The proposal conforms to the General Plan.

If both requests are approved, the proposed C-1 (Limited Commercial) zoning
district would conform to the SC (Service Commercial) General Plan Designation.

2. The uses which would be allowed on the subject property by approving the
rezoning will be compatible with the surrounding land uses and zoning
districts.

The subject site is surrounded by all residential uses. Approval of the requested
rezoning would allow for more intense commercial uses which would not be
compatible with the characteristics of the existing neighborhood.

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

The subject area is all residential. There are no growth or development factors
that indicate the need for this request, as there are other more suitable locations
for the type of development that would be allowed in the C-1 (Limited Commercial)
zoning district.

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


adequate in size to meet the requirements of the proposed zoning district.

The subject site can be accessed from Decatur Boulevard, a 107-foot wide
primary arterial and Ricky Road, a 60-foot wide minor collector street. Decatur
Boulevard is adequate in size to meet the requirements of the proposed zoning
district.

CS
GPA-69192, ZON-69193 and SDR-71490 [PRJ-69087]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

FINDINGS (SDR-71490)

In order to approve a Site Development Plan Review application, per Title 19.16.100(E)
the Planning Commission and/or City Council must affirm the following:

1. The proposed development is compatible with adjacent development and


development in the area;

The proposed office shell building is not compatible with the adjacent primarily
large-lot, single-family dwelling residential neighborhood.

2. The proposed development is consistent with the General Plan, this Title,
and other duly-adopted city plans, policies and standards;

The proposed development is not consistent with the RP-O (Rural Preservation
Overlay) and Centennial Hills Sector Plan which encourage the protection of the
existing rural characteristics of the subject site.

3. Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;

The subject site can be accessed from Decatur Boulevard, a 107-foot wide
primary arterial and Ricky Road, a 60-foot wide minor collector street. Decatur
Boulevard is adequate in size to meet the requirements of the proposed zoning
district.

4. Building and landscape materials are appropriate for the area and for the
City;

The proposed building and landscape materials adhere to Title 19 requirements


and would be acceptable for the area.

5. Building elevations, design characteristics and other architectural and


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

The design characteristics of the proposed building elevations are not unsightly or
obnoxious in appearance. However, the building is not compatible with the
existing residential development in the area.

6. Appropriate measures are taken to secure and protect the public health,
safety and general welfare.

CS
GPA-69192, ZON-69193 and SDR-71490 [PRJ-69087]
Staff Report Page Six
October 10, 2017 - Planning Commission Meeting

The proposed office shell building will be subject to inspections in order to protect
the public health, safety and general welfare by City staff.

BACKGROUND INFORMATION

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


Code Enforcement issued Case #162980 for weekend yard sale
02/01/16 events and vehicle sales on a vacant lot. The case was closed on
03/18/16.
The Planning Commission voted (4-0) to hold GPA-69192 and ZON-
04/11/17 69793 in abeyance to the July 11, 2017 Planning Commission
meeting.
The Planning Commission voted (6-0) to hold GPA-69192 and ZON-
07/11/17 69793 in abeyance to the September 12, 2017 Planning Commission
meeting.
The Planning Commission voted (7-0) to hold GPA-69192 and ZON-
09/12/17 69793 in abeyance to the October 10, 2017 Planning Commission
meeting.

Most Recent Change of Ownership


09/29/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no related building permits or licenses on file.

Pre-Application Meeting
Staff conducted a pre-application meeting with the applicant where the
02/16/17 submittal requirements and deadlines were reviewed for a proposed
Rezoning and General Plan Amendment.
Staff conducted a pre-application meeting with the project architect
07/12/17 where the submittal requirements and deadlines were reviewed for a
proposed Site Development Plan Review.
Staff conducted a follow-up meeting with the project architect where
08/07/17 required plan revisions were discussed for the subject proposed Site
Development Plan Review.

CS
GPA-69192, ZON-69193 and SDR-71490 [PRJ-69087]
Staff Report Page Seven
October 10, 2017 - Planning Commission Meeting

Neighborhood Meeting
Attendance:

1 representative from the Planning Department


2 representatives for the applicant
16 members of the public

Meeting Notes
Owner opened the meeting by giving background about himself
and discussed possible uses he would like for the site
Owner would like to open a restaurant and tire shop at the site
Owner states it would be a small business, owner operated and
community oriented
Owner says he is a Greek chef and has operated restaurants in
the past including in Chicago
Owner opened the floor for questions

Public Comments/Concerns
Question of parcel size was posed
Concern was raised about setting precedent and more
properties in the area converting to commercial
3/20/17 Question was raised of how many restaurants and tire shops
are truly needed in the area
Concern was raised about a possible change in ownership for
the site
Request was made for rough sketch of proposed site design
Concerns of crime from high school kids in the area were raised
Concerns were raised about possible bar
Concerns of traffic congestion were raised
Concerns of customer parking were raised
Question was raised about proposed ingress/egress to site
Question was raised about proposed project impact on property
values
Suggestion was made that the owner consider only a restaurant
for the site versus a tire shop and restaurant
Suggestion was made that the site be used for office space
Concerns were raised about illegal cars currently parked at the
site
Majority of public present want to see the site developed into
something but are unwilling to support the project without
knowing what will be built there

CS
GPA-69192, ZON-69193 and SDR-71490 [PRJ-69087]
Staff Report Page Eight
October 10, 2017 - Planning Commission Meeting

Neighborhood Meeting
A request was made for an additional neighborhood meeting in
which the owner will have rough sketches available
Staff advised of next scheduled Planning Commission hearing
Owner will consider having the case abeyed in order to provide the
public more information

Field Check
Staff conducted a routine field check and found an undeveloped parcel
03/02/17
with no trash or debris. There was a car parked at the site.
Staff conducted a second field check and found no major changes to
08/31/17
the site.

Details of Application Request


Site Area
Net Acres 0.59

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject DR (Desert Rural R-E (Residence
Undeveloped
Property Density Residential) Estates)
Single Family, DR (Desert Rural R-E (Residence
North
Detached Density Residential) Estates)
Single Family, DR (Desert Rural R-E (Residence
South
Detached Density Residential) Estates)
North Las Vegas North Las Vegas
East (Multi-Family North Las Vegas (Planned Unit
Residential) Development)
Single Family, DR (Desert Rural R-E (Residence
West
Detached Density Residential) Estates)

Master and Neighborhood Plan Areas Compliance


Centennial Hills Sector Plan N
Special Purpose and Overlay Districts Compliance
A-O (Airport Overlay) District 35 Feet Y
Rural Preservation Overlay District N

CS
GPA-69192, ZON-69193 and SDR-71490 [PRJ-69087]
Staff Report Page Nine
October 10, 2017 - Planning Commission Meeting

Other Plans or Special Requirements Compliance


Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Pursuant to Title 19.08, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Width 100 Feet 130 Y
Min. Setbacks
Front 10 Feet 24 Feet Y
Side 10 Feet 60 Feet Y
Corner 10 Feet 13 Feet Y
Rear 20 Feet 50 Feet Y
Max. Lot Coverage 50 % 24 % Y
Max. Building Height N/A 15 Feet Y
Trash Enclosure 50 Feet 50 Feet Y*
*A condition has been added to ensure the trash enclosure is screened and odor
controlled.

Landscaping and Open Space Standards


Standards Required Provided Compliance
Ratio Trees
Buffer Trees:
North 1 24 Tree / 20 Linear Feet 6 Trees 6 Trees Y
South 1 24 Tree / 20 Linear Feet 7 Trees 7 Trees Y
East 1 24 Tree / 20 Linear Feet 9 Trees 9 Trees Y
West 1 24 Tree / 20 Linear Feet 10 Trees 10 Trees Y
TOTAL PERIMETER TREES 31 Trees 31 Trees Y
1 Tree / 6 Uncovered
Parking Area Trees Spaces, plus 1 tree at the 5 Trees 1 Trees N*
end of each row of spaces

CS
GPA-69192, ZON-69193 and SDR-71490 [PRJ-69087]
Staff Report Page Ten
October 10, 2017 - Planning Commission Meeting

Landscaping and Open Space Standards


Standards Required Provided Compliance
Ratio Trees
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North 15 Feet 10 Feet N*
South 8 Feet 8 Feet Y
East 15 Feet 15 Feet Y
West 8 Feet 8 Feet Y
Wall Height 6 to 8 Feet Adjacent to Residential 6 feet Y
*An Exception and Waiver are needed for a reduction in parking lot trees and a
reduction in the north property line landscape buffer width.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Title 19.04
Decatur
Primary Arterial Complete Streets 107 Y
Boulevard
Standards
Title 19.04
Minor Collector
Ricky Road Complete Streets 60 Y
Street
Standards

Parking Requirement
Gross Floor Required Provided Compliance
Area or Parking Parking
Use Parking
Number of Handi- Handi-
Ratio Regular Regular
Units capped capped
Office, Other
6,032 SF 1:300 21
Than Listed
TOTAL SPACES REQUIRED 21 2 Y
Regular and Handicap Spaces Required 20 1 24 2 Y
Loading
6,032 SF 1:<10,000 1 1 Y
Spaces

CS
GPA-69192, ZON-69193 and SDR-71490 [PRJ-69087]
Staff Report Page Eleven
October 10, 2017 - Planning Commission Meeting

Waivers
Requirement Request Staff Recommendation
To allow a ten-foot
landscape buffer
A fifteen-foot landscaping
along the north
buffer is required along the Denial
property line where
north property line.
15 feet is the
minimum required.

Exceptions
Requirement Request Staff Recommendation
To allow one parking
One Tree is required for
lot landscaping tree
every six uncovered spaces,
where five trees is Denial
plus one tree at the end of
the minimum
each row of spaces.
required.
Interior landscape islands Denial
To allow no parking
shall be provided at the end
lot landscape islands.
of each row of parking.
To allow 93 shrubs in Denial
Four 5-gallon shrubs shall be
the landscape buffer
required for every tree in the
where 124 are
landscape buffer.
required.

CS
GPA-69192



GPA-69192


GPA-69192
W GO WA N RD

STAMPEDE CT
PARADA CIR
GOLDEN PA
LO MIN O LN

RANCHO REA PK WY
JAY AVE

CANTER DR
STABLE WAY

GOLDEN SAGE DR

SILVER BRIDLE PL
DAPPLE DR
CHESTNU T BLAZE DR

RICKY R D
THERESA WAY

N DECATUR BLVD

SUBJECT
PROPERTY
DR

DONNIE AVE


GC

FROM DR TO SC
General Plan Amendment 1000' Buffer
RNP - Rural Neighborhood MLA - Medium - Low Attached GTC - Tourist Commercial PF-CC Public Facility
Preservation Clark County City Limits
LVMD - Las Vegas Medical
RE - Rural Estates M - Medium
District TC - Town Center Not City
H - High LI/R - Light Industrial / Research
DR - Desert Rural RC - Resource Conservation
PCD - Planned Community Subject Property GIS maps are normally produced
only to meet the needs of the City.
R - Rural O - Office
Development C - Downtown - Com mercial Due to continuous development activity
this map is for reference only.
Geographic Inform ation System
L - Low SC - Service Com mercial PR-OS - Park/Recreation/
MXU - Downtown - Mixed Use Planning & Development Dept.
Open Space 702-229-6301

ML - Medium - Low GC - General Commercial TND - Tradional Neighborhood


PF - Public Facility Date: Wednesday, March 01, 2017
Development

GPA-69192, ZON-69193 and SDR-71490



GPA-69192, ZON-69193 and SDR-71490



GPA-69192, ZON-69193 and SDR-71490



GPA-69192, ZON-69193 and SDR-71490



GPA-69192, ZON-69193 and SDR-71490


GPA-69192 [PRJ-69087] - GENERAL PLAN AMENDMENT RELATED TO ZON-69193 AND SDR-71490 -
APPLICANT/OWNER: STEVE DIMOULAS
4801 RICKY ROAD
08/31/2017
GPA-69192 [PRJ-69087] - GENERAL PLAN AMENDMENT RELATED TO ZON-69193 AND SDR-71490 -
APPLICANT/OWNER: STEVE DIMOULAS
4801 RICKY ROAD
08/31/2017
GPA-69192 [PRJ-69087] - GENERAL PLAN AMENDMENT RELATED TO ZON-69193 AND SDR-71490 -
APPLICANT/OWNER: STEVE DIMOULAS
4801 RICKY ROAD
08/31/2017
GPA-69192 [PRJ-69087] - GENERAL PLAN AMENDMENT RELATED TO ZON-69193 AND SDR-71490 -
APPLICANT/OWNER: STEVE DIMOULAS
4801 RICKY ROAD
08/31/2017
GPA-69192 [PRJ-69087] - GENERAL PLAN AMENDMENT RELATED TO ZON-69193 AND SDR-71490 -
APPLICANT/OWNER: STEVE DIMOULAS
4801 RICKY ROAD
08/31/2017

GPA-69192 and ZON-69193


Agenda Item No.: 35.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - ZON-69193 - REZONING RELATED TO GPA-69192 - PUBLIC HEARING -
APPLICANT/OWNER: STEVE DIMOULAS - For possible action on a request for a Rezoning
FROM: R-E (RESIDENCE ESTATES) TO: C-1 (LIMITED COMMERCIAL) on 0.59 acres at
4801 Ricky Road (APN 138-12-710-092), Ward 5 (Barlow) [PRJ-69087]. Staff recommends
DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 8 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. 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.
ZON-69193



ZON-69193


ZON-69193
W GO WA N RD

STAMPEDE CT
PARADA CIR
GOLDEN PA
LO MIN O LN

RANCHO REA PK WY
JAY AVE

CANTER DR
STABLE WAY

GOLDEN SAGE DR

SILVER BRIDLE PL
DAPPLE DR
CHESTNU T BLAZE DR

RICKY R D
THERESA WAY

N DECATUR BLVD

R-E SUBJECT
PROPERTY

DONNIE AVE

C-2

Zoning
FROM R-E TO C-1
U - (GPA Designation) R-2 - Medium-Low P-O - Professional Office C-M - Commercial/Industrial 1000' Buffer
Undeveloped Density Residential
R-3 - Medium Density N-S - Neighborhood Service M - Industrial
R-A - Ranch Acres City Limits
Residential
O - Office C-V - Civic
R-E - Residential Estates R-4 - High Density
Not City
R-D - Single-Family Residential C-D - Designed Commercial P-C - Planned Community
Residential-Restricted R-5 - Apartment Subject Property GIS maps are normally produced

R-PD - Residential C-1 - Limited Commercial T-D - Traditional Development only to meet the needs of the City.
R-MH - Mobile/Manufactured Due to continuous development activity
Planned Development Home Residence
this map is for reference only.
C-2 - General Commercial PD - Planned Development Geographic Inform ation System
R-1 - Single Family
R-MHP - Residential Mobile/ C-PB - Planned Business
Planning & Development Dept.
Residential T-C - Town Center
702-229-6301
Manufactured Home Park Park
R-CL - Single-Family Date: Wednesday, March 01, 2017
Compact-Lot P-R - Professional Offices
and Parking
Agenda Item No.: 36.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SDR-71490 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-69192 AND ZON-
69193 - PUBLIC HEARING - APPLICANT/OWNER: STEVE DIMOULAS - For possible
action on a request for a Site Development Plan Review FOR A PROPOSED 6,032 SQUARE-
FOOT OFFICE BUILDING WITH A WAIVER TO ALLOW A 10-FOOT LANDSCAPE
BUFFER ALONG THE NORTH PROPERTY LINE WHERE 15 FEET IS REQUIRED on 0.59
acres at 4801 Ricky Road (APN 138-12-710-092), R-E (Residence Estates) Zone [PROPOSED:
C-1 (Limited Commercial)], Ward 5 (Barlow) [PRJ-69087]. Staff recommends DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 2 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Justification Letter
4. Comments from Clark County Department of Aviation
5. Traffic Notes from City of Las Vegas Department of Public Works
6. Protest/Support Postcards
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
SDR-71490



SDR-71490

SDR-71490
CITY OF LAS VEGAS
PLANNING COMMISSION AND CITY COUNCIL
RECOMMENDATIONS / COMMENTS

FROM: CLARK COUNTY DEPARTMENT OF AVIATION

APPLICATION NUMBERS: SDR-71490

PROJECT: GRAND AMERICAN

LOCATION: 138-12-710-092

MEETING DATES: OCTOBER 10, 2017 PLANNING COMMISSION &


NOVEMBER 15, 2017, CITY COUNCIL

COMMENTS:

Federal Aviation Regulations (Title 14, Part 77) require that the Federal Aviation Administration
(FAA) be notified before the construction or alteration of any building or structure greater than
200 feet in height ( 77.13(a)(1)) or that will exceed a slope of 100:1 for a distance of 20,000
feet from the nearest point of any airport runway greater than 3,200 feet in length ( 77.13
(a)(2)(i)). Such notification allows the FAA to determine what impact, if any, the proposed
development will have upon navigable airspace, and allows the FAA to determine whether the
development requires obstruction marking or lighting.

The proposed development will exceed the 100:1 notice requirement for the North Las Vegas
Airport (VGT). Therefore, as required by 14 CFR Part 77, the FAA must be notified of the
proposed construction or alteration. The CCDOA requests that the City of Las Vegas impose
the conditions listed below for the project:

Applicant is required to file a valid FAA Form 7460-1, "Notice of Proposed Construction
or Alteration" with the FAA, in accordance with 14 CFR Part 77, or submit to the Clark
County Director of Aviation a Property Owners Shielding Determination Statement
and request written concurrence from the Clark County Department of Aviation;
No Building Permit or other construction permit shall be issued for any structure greater
than 35 feet above the surface of land that, based upon the FAAs 7460 airspace
determination (the outcome of filing the FAA Form 7460-1), would (a) constitute a
hazard to air navigation, (b) would result in an increase to minimum flight altitudes
during any phase of flight (unless approved by the Department of Aviation), or (c) would
otherwise be determined to pose a significant adverse impact on airport or aircraft
operations.
Applicant is advised that FAAs airspace determinations are dependent on petitions by
any interested party and the height that will not present a hazard as determined by the
FAA may change based on these comments.
Applicant is advised that the FAAs airspace determinations include expiration dates and
that the separate airspace determinations will be needed for construction cranes or other
temporary equipment.
SDR 71490
Steve Dimoulas

SWC Ricky Road & Decatur Boulevard


Proposed 6.032 thousand square foot office building.

Proposed Use

Average Daily Traffic (ADT) 11.03 67


AM Peak Hour GENERAL OFFICE BUILDING [1000 SF] 6.032 1.56 9
PM Peak Hour 1.49 9

Existing traffic on nearby streets:


Decatur Boulevard
Average Daily Traffic (ADT) 29,781
PM Peak Hour (heaviest 60 minutes) 2,382

Cheyenne Avenue
Average Daily Traffic (ADT) 30,603
PM Peak Hour (heaviest 60 minutes) 2,448

Traffic Capacity of adjacent streets:


Adjacent Street ADT Capacity
Decatur Boulevard 52,173
Cheyenne Avenue 50,900

This project will add approximately 67 trips per day on Ricky Rd., Decatur Blvd. and Cheyenne Ave. Currently, Decatur is
at about 57 percent of capacity and Cheyenne is at about 60 percent of capacity. With this project, Decatur and Cheyenne
are expected to remain unchanged. Counts are not available for Ricky in this area, but it is believed to be under capacity.

Based on Peak Hour use, this development will add into the area roughly 9 additional cars, or about one every seven
minutes.

Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 37.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - ZON-70762 - REZONING - PUBLIC HEARING - APPLICANT: RICHMOND
AMERICAN HOMES - OWNER: VFR-SOUTHWEST DESERT EQUITIES - For possible
action on a request for a Rezoning FROM: R-E (RESIDENCE ESTATES) TO: R-1 (SINGLE
FAMILY RESIDENTIAL) on 5.24 acres located at the northeast corner of Dorrell Lane and
Hualapai Way (APN 125-19-101-003), Ward 6 (Fiore) [PRJ-70527]. Staff recommends
DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 2 Planning Commission Mtg. 3
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - ZON-70762, WVR-70763 and TMP-70766 [PRJ-70257]
2. Conditions and Staff Report - ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-
70257]
3. Supporting Documentation - ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-
70257]
4. Photo(s) - ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70257]
5. Justification Letter - ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70257]
6. Letter from Commissioner Larry Brown - ZON-70762, WVR-70763, VAC-70765 and TMP-
70766 [PRJ-70527]
7. Letter from Councilman Steven D. Ross - ZON-70762, WVR-70763, VAC-70765 and TMP-
70766 [PRJ-70527]
8. Protest/Support Postcard for ZON-70762 and WVR-70763 [PRJ-70527]
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: RICHMOND AMERICAN HOMES - OWNER:
VFR-SOUTHWEST DESERT EQUITIES

** STAFF RECOMMENDATION(S) **

REQUIRED FOR
CASE NUMBER RECOMMENDATION
APPROVAL

ZON-70762 Staff recommends DENIAL.

Staff recommends DENIAL, if approved


WVR-70763 subject to conditions: ZON-70762

Staff recommends APPROVAL, subject to


VAC-70765 conditions:

Staff recommends DENIAL, if approved ZON-70762


TMP-70766 subject to conditions: WVR-70763
VAC-70765

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED 45

NOTICES MAILED 206 - ZON-70762 and WVR-70763


8 - VAC-70765
206 - TMP-70766

PROTESTS 2 - ZON-70762 and WVR-70763


1 - VAC-70765
2 - TMP-70766

APPROVALS 3 - ZON-70762 and WVR-70763


0 - VAC-70765
2 - TMP-70766

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

WVR-70763 CONDITIONS

Planning

1. This approval shall be void (2) 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 of Title 19.02.140 is hereby approved, to allow street offsets of 208 and
214 feet, where 220 feet is required.

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-70765 CONDITIONS

1. The limits of this Petition of Vacation shall be the U.S. Government Patent
Easements located adjacent to Assessor Parcel Number 125-19-101-003 as
shown on the submitted exhibit for property generally located on the north side of
Dorrell Lane, east of Hualapai Way.

2. The Order of Vacation shall record immediately before and in conjunction with the
associated Final Map, such as Connor Hills 3.

3. All public improvements, if any, adjacent to and in conflict with this vacation
application are to be modified, as necessary, at the applicant's expense prior to the
recordation of an Order of Vacation.

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Conditions Page Two
October 10, 2017 - Planning Commission Meeting

4. The Order of Relinquishment of Interest shall not be recorded until all of the
conditions of approval have been met provided, however, the conditions requiring
modification of public improvements may be fulfilled for purposes of recordation by
providing sufficient security for the performance thereof in accordance with the
Subdivision Ordinance of the City of Las Vegas. City Staff is empowered to modify
this application if necessary because of technical concerns or because of other
related review actions as long as current City right-of-way requirements are still
complied with and the intent of the vacation application is not changed. If
applicable, a five foot wide easement for public streetlight and fire hydrant
purposes shall be retained on all vacation actions abutting public street corridors
that will remain dedicated and available for public use. Also, if applicable and
where needed, public easement corridors and sight visibility or other easements
that would/should cross any right-of-way being vacated must be retained.

5. All development shall be in conformance with code requirements and design


standards of all City Departments.

6. If the Order of Vacation (or Order of Relinquishment of Interest if a Patent


Reservation) is not recorded within one (1) year after approval by the City of Las
Vegas or an Extension of Time is not granted by the Planning Director, then
approval will terminate and a new petition must be submitted.

TMP-70766 CONDITIONS

Planning

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

2. Approval of and conformance to Rezoning (ZON-70762), Waiver (WVR-70763)


and Vacation (VAC-70765) shall be required.

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

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

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Conditions Page Three
October 10, 2017 - Planning Commission Meeting

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


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

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


Subdivision Statutes.

Public Works

7. A Petition of Vacation, such as VAC-70765, shall record immediately prior to


(concurrent with) the recordation of a Final Map for this site to eliminate U.S.
Government Patent Easements.

8. Dedicate 50 feet of right-of-way adjacent to this site on Hualapai Way, 30 feet for
Dorrell Lane, and 30 feet for Wittig Avenue. Also dedicate a 25-foot radius at the
northeast corner of Hualapai Way and Dorrell Lane and the southeast corner of
Wittig Avenue and Hualapai Way. Additionally, dedicate additional right-of way
per Standard Drawing #201.1 on Hualapai Way and grant a Traffic Signal Chord
Easement at the northeast corner of Hualapai Way and Dorrell Lane.

9. Grant Public Pedestrian Access Easements for all public sidewalks located outside
of the public right-of-way.

10. Construct half street improvements on Dorrell Lane, Hualapai Way, and Wittig
Avenue meeting complete street standards adjacent to this site concurrent with the
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.

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Conditions Page Four
October 10, 2017 - Planning Commission Meeting

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

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

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

14. Submit a License Agreement for landscaping and private improvements in the
Dorrell Lane, Hualapai Way, and Wittig Avenue public rights-of-way prior to the
issuance of permits for these improvements. The applicant must carry an
insurance policy for the term of the 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 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).

15. 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.

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Conditions Page Five
October 10, 2017 - Planning Commission Meeting

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

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

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to develop a vacant parcel on the northeast corner of Dorrell
Lane and Hualapai Way into an 18-lot single family residential subdivision

ISSUES

The Interlocal Agreement designates this site as within Planning Area B, which
states that During the term of this agreement, the areas identified as Planning Area
B must remain residential and maintain a minimum buildable lot size of 10,000
square feet and the City must not amend its land use plan, rezone such properties or
approve special or conditional use permits to allow industrial or commercial uses or
residential lots with a buildable area of less than 10,000 square feet within the areas
identified as Planning Area B. Staff is recommending denial of the proposed project
because it violates the Interlocal Agreement.
Rezoning (ZON-70762) would rezone the property from R-E (Residence Estates) to
R-1 (Single Family Residential).
Waiver (WVR-70763) would allow a street offset of 208 feet and 214 feet for the
proposed north/south street, where 220 foot offsets are required by Title 19.02.140.
Vacation (VAC-70765) would vacate U.S. Government Patent Easements.
Tentative Map (TMP-70766) would allow Connor Hills 3, an 18-lot single family
residential subdivision.

ANALYSIS

The applicant is proposing a Rezoning (ZON-70762) to R-1 (Single Family Residential)


on the subject site, which is in conformance with the R (Rural Density Residential)
general plan designation.

The purpose of the R-1 District is to provide for the development of single family
detached dwellings in a suburban setting. The R-1 District is consistent with the policies
of the Low Density Residential category of the General Plan. (The Master Plan Land
Use Designations Table also indicates that the R-1 District is consistent with the Rural
Density Residential and Medium-Low Density Residential categories.)

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

The applicant is also proposing a Tentative Map (TMP-70766) for an 18-lot single family
residential subdivision with lot sizes ranging from 7,638 square feet to 9,494 square
feet. The existing General Plan land use designation R (Rural Density Residential) has
an allowable density of 3.59 dwelling units per gross acre, which would translate to a
maximum of 18 units on this 5.2-acre parcel.

The Interlocal Agreement designates this site as within Planning Area B, which states
that During the term of this agreement, the areas identified as Planning Area B must
remain residential and maintain a minimum buildable lot size of 10,000 square feet and
the City must not amend its land use plan, rezone such properties or approve special or
conditional use permits to allow industrial or commercial uses or residential lots with a
buildable area of less than 10,000 square feet within the areas identified as Planning
Area B. The proposed lot sizes of the Tentative Map (TMP-70766) range from 7,638
square feet to 9,494 square feet, which is in conflict with the requirements of the
Interlocal Agreement.

The applicant has requested a Waiver (WVR-70763) of Title 19.02.140 to allow offsets
for the proposed north/south street that are below the 220-foot minimum required. The
southern offset would be 214 feet and the northern offset would be 208 feet. The
applicant has also requested a Vacation (VAC-70765) to Vacate U.S. Government
Patent Easements on the property. This Vacation request should be sent to all the
utilities, 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 companys interests will need to be addressed with each
respective utility company and will not be affected by the City relinquishing its interest.

The submitted east/west cross sections depict maximum natural grade greater than 2%
across this site. Per the Tables in Subdivision Code 19.06.050 a development with
natural slope greater than 2%, is allowed a maximum 6-foot retaining wall. A 6-foot
maximum retaining is shown on the east and west property lines.

The submitted north/south cross section depicts maximum natural grade less than 2%
across this site. Per the Tables in Subdivision Code 19.06.050 a development with
natural slope less than 2%, is allowed a maximum 4-foot retaining wall. A 2-foot
maximum retaining wall is shown on the north property line and no retaining wall is
shown on the south property line.

Clark County School District has indicated that the proposed development will add 3
elementary school students, 1 middle school student and 2 high school students. The
schools in the area, Darnell Elementary School and Centennial High School, are over
capacity for the 2016-17 school year. Darnell Elementary School is 128.86% and
Centennial High School is 125.94% of program capacity.

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

The Department of Public Works has provided the Average Daily Traffic (ADT) for the
proposed 18-lot single family residential subdivision and approximately 171 trips per day
on Hualapai Way, Dorrell Lane, and Deer Springs Way are anticipated. Currently,
Hualapai Way is at about 79 percent of capacity and Deer Springs Way is at about 17
percent of capacity. With this project, Hualapai Way is expected to remain at about 79
percent and Deer Springs Way at about 18 percent. Counts are not available for Dorrell
Lane in this area, but it is believed to be under capacity.

In summary, staff supports the requested Vacation as it is appropriate for the area.
However, staff finds the Rezoning, Waiver and Tentative Map to be in direct conflict with
the requirements of the Interlocal Agreement and recommends denial of these
applications.

FINDINGS (ZON-70762)

In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning


Commission or City Council must affirm the following:

1. The proposal conforms to the General Plan.

The sites general plan designation is R (Rural Density Residential) which allows
for the proposed R-1 (Single Family Residential) zoning district.

2. The uses which would be allowed on the subject property by approving the
rezoning will be compatible with the surrounding land uses and zoning
districts.

The proposed R-1 (Single Family Residential) zoning district allows single family
residential development at a density that would be compatible with the
surrounding neighborhood, so long as the lots are a minimum of 10,000 square
feet in area in conformance with the Interlocal Agreement.

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

The Interlocal Agreement designates this property as within Planning Area B,


which does not allow for the creation of lots below the 10,000 square foot
minimum. Therefore, the proposed rezoning can be compatible with the growth
and development factors in the community if the 10,000 square foot lot minimum
is maintained.

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

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


adequate in size to meet the requirements of the proposed zoning district.

The project will add approximately 171 trips per day on Hualapai Way, Dorrell
Lane, and Deer Springs Way. Currently, Hualapai Way is at about 79 percent of
capacity and Deer Springs Way is at about 17 percent of capacity. With this
project, Hualapai Way is expected to remain at about 79 percent and Deer Springs
Way at about 18 percent. Counts are not available for Dorrell Lane in this area,
but it is believed to be under capacity.

FINDINGS (WVR-70763)

No substantial evidence has been presented to warrant the requested Waivers of Title
19.02.140 to allow street offsets of 2087 and 214 feet where 220 feet is required.
Therefore, staff recommends denial of this request. If approved, staff has included
recommended conditions of approval.

FINDINGS (VAC-70765)

This vacation application is a request to relinquish the City's interests in U.S.


Government Patent Reservations generally located on the north side of Dorrell Lane,
east of Hualapai Way. This Vacation request should be sent to all the utilities however,
as no right of way is proposed to be vacated, and thus no franchise rights are involved,
it is not necessary to wait for responses from any of the public utilities or other parties
interested in preserving a right in this patent easement. Since only City interests are
involved; any utility company's interests will need to be addressed with each respective
utility company and will not be affected by the City relinquishing its interest.

FINDINGS (TMP-70766)

The proposed Tentative Map is in conformance to NRS requirements for tentative


maps, however it requires a Waiver from Title 19 Development Standards and is in
conflict with the Interlocal Agreement and therefore staff recommends denial. If
approved, staff has included recommended conditions of approval.

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc


The City Council approved an Annexation (ANX-60364) on the subject
11/18/15
property.
The Planning Commission voted (6-0) to hold ZON-70762, WVR-
07/11/17 70763, VAC-70765 and TMP-70766 [PRJ-70527] in abeyance to the
August 8, 2017 Planning Commission meeting.
The Planning Commission voted (7-0) to hold ZON-70762, WVR-
08/08/17 70763, VAC-70765 and TMP-70766 [PRJ-70527] in abeyance to the
September 12, 2017 Planning Commission meeting.
The Planning Commission voted (7-0) to hold ZON-70762, WVR-
09/12/17 70763, VAC-70765 and TMP-70766 [PRJ-70527] in abeyance to the
October 10, 2017 Planning Commission meeting.

Most Recent Change of Ownership


09/01/08 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no relevant, related building permits or business licenses on this undeveloped
parcel.

Pre-Application Meeting
At the preapplication meeting staff discussed the submittal
05/11/17
requirements with the applicant.

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

Field Check
06/01/17 Staff completed a routine site visit, noting an undeveloped property.

Details of Application Request


Site Area
Gross Acres 5.2

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Staff Report Page Six
October 10, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject R (Rural Density R-E (Residence
Undeveloped
Property Residential) Estates)
R (Rural Density U(R) [Undeveloped
North Undeveloped
Residential) Rural Residential)
Single Family L (Low Density R-1 (Single Family
South
Dwellings Residential) Residential)
Single Family
East Clark County Clark County
Dwellings
PCD (Planned
Multi-Family PD (Planned
West Community
Residential Development)
Development)

Master and Neighborhood Plan Areas Compliance


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

DEVELOPMENT STANDARDS

Existing Zoning Permitted Density Units Allowed


R-E (Residence Estates) N/A 11
Proposed Zoning Proposed Density Units Proposed
R-1 (Single Family
3.43 18
Residential)
General Plan Permitted Density Units Allowed
R (Rural Density
3.59 18
Residential)

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Staff Report Page Seven
October 10, 2017 - Planning Commission Meeting

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Dorrell Lane Local Street Title 13 60 Y
Planned Streets and
Hualapai Way Primary Arterial 100 Y
Highways Map
Wittig Avenue Local Street Title 13 63 Y

19.04.040 Connectivity
Transportation Network Element # Links # Nodes
Internal Street 2 1
Intersection Internal 0 0
Cul-de-sac Terminus 0 0
Intersection External Street or Stub Terminus 0 0
Intersection Stub Terminus w/ Temporary Turn Around
0 0
Easements
Non-Vehicular Path - Unrestricted 0 0
Total 2 1
Required Provided
Connectivity Ratio (Links / Nodes): 1.30 2.00

PB
ZON-70762



ZON-70762


ZON-70762

ELKHORN RD ELKHORN RD

U(R) MESSARA CIR

N CONQUISTADOR ST
SUBJECT WITTIG AVE

PROPERTY

N EULA ST
N HUALAPAI WAY

R-E

W DORRELL LN W DORRELL LN

BLISTERING SUN AVE


WINTER RAIN ST

R-1

SUMMER SKY ST
R-D
PD

C-1

Zoning FROM R-E TO R-1


U - (GPA Designation) R-2 - Medium-Low P-O - Professional Office C-M - Commercial/Industrial
Undeveloped Density Residential
R-3 - Medium Density N-S - Neighborhood Service M - Industrial 1000' Buffer
R-A - Ranch Acres
Residential
O - Office C-V - Civic
R-E - Residential Estates R-4 - High Density City Limits
R-D - Single-Family Residential C-D - Designed Commercial P-C - Planned Community
Residential-Restricted R-5 - Apartment Not City GIS maps are normally produced
R-PD - Residential C-1 - Limited Commercial T-D - Traditional Development only to meet the needs of the City.
R-MH - Mobile/Manufactured
Planned Development Home Residence Subject Property Due to c ontinuous dev elopment activity
C-2 - General Commercial PD - Planned Development this map is for reference only .
R-1 - Single Family Geographic Information System
R-MHP - Residential Mobile/ C-PB - Planned Business Planning & Development Dept.
Residential T-C - Town Center
Manufactured Home Park Park
702-229-6301
R-CL - Single-Family
Compact-Lot P-R - Professional Offices Date: Thursday, June 01, 2017
and Parking
A77

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ZON-70762, WVR-70763, VAC-70765 and TMP-70766 - REVISED


A77

A A

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ZON-70762, WVR-70763, VAC-70765 and TMP-70766 - REVISED


A77

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ZON-70762, WVR-70763, VAC-70765 and TMP-70766 - REVISED


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ZON-70762, WVR-70763, VAC-70765 and TMP-70766 - REVISED




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ZON-70762, WVR-70763, VAC-70765 and TMP-70766 - REVISED


A A

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77 A77
ZON-70762 [PRJ-70527] - REZONING RELATED TO WVR-70763, VAC-70765 AND TMP-70766 - APPLICANT:
RICHMOND AMERICAN HOMES - OWNER: VFR-SOUTHWEST DESERT EQUITIES
NORTHEAST CORNER OF DORRELL LANE AND HUALAPAI WAY
06/01/17
ZON-70762 [PRJ-70527] - REZONING RELATED TO WVR-70763, VAC-70765 AND TMP-70766 - APPLICANT:
RICHMOND AMERICAN HOMES - OWNER: VFR-SOUTHWEST DESERT EQUITIES
NORTHEAST CORNER OF DORRELL LANE AND HUALAPAI WAY
06/01/17
A

77

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ZON-70762, WVR-70763, VAC-70765 and TMP-70766


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ZON-70762, WVR-70763, VAC-70765 and TMP-70766



ZON-70762, WVR-70763, VAC-70765 and TMP-70766


Agenda Item No.: 38.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - WVR-70763 - WAIVER RELATED TO ZON-70762 - PUBLIC HEARING -
APPLICANT: RICHMOND AMERICAN HOMES - OWNER: VFR-SOUTHWEST DESERT
EQUITIES - For possible action on a request for a Waiver TO ALLOW A 208-FOOT AND A
214-FOOT STREET OFFSET WHERE 220 FEET IS REQUIRED on 5.24 acres located at the
northeast corner of Dorrell Lane and Hualapai Way (APN 125-19-101-003), R-E (Residence
Estates) Zone [PROPOSED: R-1 (Single Family Residential)], Ward 6 (Fiore) [PRJ-70527].
Staff recommends DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Support Postcard
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
WVR-70763



WVR-70763


Agenda Item No.: 39.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - VAC-70765 - VACATION RELATED TO ZON-70762 AND WVR-70763 -
PUBLIC HEARING - APPLICANT: RICHMOND AMERICAN HOMES - OWNER: VFR-
SOUTHWEST DESERT EQUITIES - For possible action on a request for a Petition to Vacate
U.S. Government Patent Easements on 5.24 acres located at the northeast corner of Dorrell Lane
and Hualapai Way (APN 125-19-101-003), R-E (Residence Estates) Zone [PROPOSED: R-1
(Single Family Residential)], Ward 6 (Fiore) [PRJ-70527]. Staff recommends APPROVAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 1 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest Postcard
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAC-70765



VAC-70765

VAC-70765

VAC-70765
A









7
b



VAC-70765
A









7
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VAC-70765

VAC-70765

VAC-70765

VAC-70765

VAC-70765
Agenda Item No.: 40.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - TMP-70766 - TENTATIVE MAP RELATED TO ZON-70762, WVR-70763,
AND VAC-70765 - CONNOR HILLS 3 - PUBLIC HEARING - APPLICANT: RICHMOND
AMERICAN HOMES - OWNER: VFR-SOUTHWEST DESERT EQUITIES - For possible
action on a request for a Tentative Map FOR AN 18-LOT SINGLE-FAMILY RESIDENTIAL
SUBDIVISION on 5.24 acres located at the northeast corner of Dorrell Lane and Hualapai Way
(APN 125-19-101-003), R-E (Residence Estates) Zone [PROPOSED: R-1 (Single Family
Residential)], Ward 6 (Fiore) [PRJ-70527]. Staff recommends DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 2 Planning Commission Mtg. 2
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Department of Public Works - Traffic Notes
4. Protest/Support Postcards
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
TMP-70766



TMP-70766


A77

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TMP-70766 - REVISED


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TMP-70766

TMP-70766

TMP-70766
TMP 70766
Richmond American Homes

NEC Dorell Lane & Hualapai Way


Proposed 18 unit single family residential development.

Proposed Use

Average Daily Traffic (ADT) 9.52 171


AM Peak Hour SINGLE FAMILY DETACHED [DWELL] 18 0.75 14
PM Peak Hour 1.00 18

Existing traffic on nearby streets:


Hualapai Way
Average Daily Traffic (ADT) 26,686
PM Peak Hour (heaviest 60 minutes) 2,135

Deer Springs Way


Average Daily Traffic (ADT) 2,783
PM Peak Hour (heaviest 60 minutes) 223

Traffic Capacity of adjacent streets:


Adjacent Street ADT Capacity
Hualapai Way 33,800
Deer Springs Way 16,380

This project will add approximately 171 trips per day on Hualapai Wy., Dorell Ln. and Deer Springs Wy. Currently,
Hualapai is at about 79 percent of capacity and Deer Springs is at about 17 percent of capacity. With this project, Hualapai
is expected to remain at about 79 percent of capacity and Deer Springs to be at about 18 percent of capacity. Counts are
not available for Dorell in this area, but it is believed to be under capacity.

Based on Peak Hour use, this development will add into the area roughly 18 additional cars, or about one every three
minutes.

Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 41.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - VAR-71322 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER:
PLACIDO BUSTOS - For possible action on a request for a Variance TO ALLOW AN EIGHT-
FOOT FRONT YARD SETBACK WHERE 20 FEET IS REQUIRED FOR AN EXISTING
ONE-STORY FRONT PORCH/CARPORT ADDITION at 5708 Heron Avenue (APN 138-36-
315-016), R-1 (Single Family Residential) Zone, Ward 1 (Tarkanian) [PRJ-71193]. Staff
recommends DENIAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 4 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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 Letter and Protest/Support Postcards
VAR-71322 [PRJ-71193]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: PLACIDO BUSTOS

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71322 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 23

NOTICES MAILED 380

PROTESTS 0

APPROVALS 0

JB
VAR-71322 [PRJ-71193]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71322 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. If approved, the existing front yard porch/carport addition and metal storage
structure located in the rear yard will be moved to provide the required five-foot
side yard setback.

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

JB
VAR-71322 [PRJ-71193]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is requesting a Variance to allow an existing one-story front porch/carport


to be located eight feet from the front property line where 20 feet is required on property
zoned R-1 (Single Family Residential) located at 5708 Heron Avenue.

ISSUES

All the work done that has created the need for the requested Variance was
completed without obtaining required building permits.
This request is the result of an open Code Enforcement case (#177847) for non-
permitted structural addition on the subject site within the front yard setback area.
The existing front porch/carport structure has an eight-foot front yard setback where
20 feet is required.

ANALYSIS

The subject site is located in an R-1 (Single Family Residential) zoning district. Per Title
19.06.070 this residential development has a minimum 20-foot front yard building
setback.

The subject property currently has an incomplete 650 square-foot one-story front
porch/carport addition on the southern perimeter of the principal dwelling which is
currently under construction. This resulted in a Code Enforcement case (#177847)
being opened on the subject property for non-permitted structural addition within the
front yard setback area.

During a routine site inspection conducted by staff it was noted that an existing front
yard porch/carport addition is currently attached to the eastern perimeter wall creating a
zero-foot side yard setback. Also, there is a metal storage structure attached to the
home in the rear yard, adjacent to the eastern perimeter wall creating a zero-foot side
yard setback. The applicant has indicated in the submitted justification letter that the
front yard porch/carport addition and metal storage structure located in the rear yard will
be moved to provide the required five-foot side yard setback, a condition has been
added to insure removal of these structures to the required five-foot setback. No unique
or extraordinary evidence has been presented to warrant the requested Variance. As
such, the hardship is self-imposed and therefore, staff recommends denial of this
request.

JB
VAR-71322 [PRJ-71193]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

FINDINGS (VAR-71322)

In accordance with the provisions of Title 19.16.140(B), Planning Commission and City
Council, in considering the merits of a Variance request, shall not grant a Variance in
order to:

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

No evidence of a unique or extraordinary circumstance has been presented, that would


warrant the construction of the existing front yard porch/carport addition within the front
yard setback area. Alternative design of the existing front yard porch/carport structure
would allow conformance to the Title 19 requirements. In view of the absence of any
hardships imposed by the sites physical characteristics, it is concluded that the
applicants hardship is preferential in nature, and it is thereby outside the realm of NRS
Chapter 278 for granting of Variances.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc


The Planning Commission voted (7-0) to hold VAR-71322 [PRJ-71193]
09/12/17
in abeyance to the October 10, 2017 Planning Commission meeting.

Most Recent Change of Ownership


07/03/12 A deed was recorded for a change in ownership.

JB
VAR-71322 [PRJ-71193]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


A Code Enforcement case (#177847) was processed for building a
04/25/17 very large structure in front of the home, possibly a car port or garage
conversion at 5708 Heron Avenue. The case has not be resolved.
A building permit (#341007) was processed for an engineered patio
04/27/17
cover at 5708 Heron Avenue. The permit has not been issued.

Pre-Application Meeting
A pre-application meeting was conducted with the applicant to discuss
the submittal requirements for a Variance of the front yard setback
07/17/17
requirements for an existing front yard porch/carport addition which
was erected without obtaining building permits.

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

Field Check
A field check conducted by staff observed the existing front yard
porch/carport addition that encroaches into the required 20-foot front
yard setback area of the subject site. In addition, staff noted that the
08/03/17 existing front yard porch/carport addition and a metal storage structure
attached to the home in the rear yard also encroaches into the
required five-foot setback areas located on the eastern perimeter of
the subject site.

Details of Application Request


Site Area
Net Acres 0.17

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family, L (Low Density R-1(Single Family
Property Detached Residential) Residential)
Single Family, L (Low Density R-1(Single Family
North
Detached Residential) Residential)

JB
VAR-71322 [PRJ-71193]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Single Family, L (Low Density R-1(Single Family
South
Detached Residential) Residential)
Single Family, L (Low Density R-1(Single Family
East
Detached Residential) Residential)
Single Family, L (Low Density R-1(Single Family
West
Detached Residential) Residential)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District (175 Feet) Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Pursuant to Title 19.06.070, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size 6,500 SF 7,405 SF Y
Min. Lot Width 60 Feet 66 Feet Y
Min. Setbacks
Front 20 Feet 8 Feet N
Side 5 Feet 5 Feet Y

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Heron Avenue Local Street Title 13 47 Feet Y

JB
VAR-71322



VAR-71322

VAR-71322

VAR-71322

VAR-71322

VAR-71322

VAR-71322
VAR-71322 [PRJ-71193] - VARIANCE - APPLICANT/OWNER: PLACIDO BUSTOS
5708 HERON AVENUE

08/03/2017
VAR-71322 [PRJ-71193] - VARIANCE - APPLICANT/OWNER: PLACIDO BUSTOS
5708 HERON AVENUE

08/03/2017
VAR-71322 [PRJ-71193] - VARIANCE - APPLICANT/OWNER: PLACIDO BUSTOS
5708 HERON AVENUE

08/03/2017
VAR-71322 [PRJ-71193] - VARIANCE - APPLICANT/OWNER: PLACIDO BUSTOS
5708 HERON AVENUE

08/03/2017
VAR-71322 [PRJ-71193] - VARIANCE - APPLICANT/OWNER: PLACIDO BUSTOS
5708 HERON AVENUE

08/03/2017

VAR-71322
September 7, 7A17 RFCE,VCD

sEP 1 207
Dept of Planning
Devetcpment Seryices Center
3:'l,::iti;r'
333 N Rancho Dr 3'd Ftoor
Las Vegas NV 89106

Re: VAR-71322

Dear Sir or Madam:

As it appea this front porchlcarpo addition was erected without


proper permits I feet it should be torn down. Then the parties should re-
appty for a variance and get the proper permits pror to erecting it again.

A year or twa ago I did an addition to my home. I paid ptenty for the
permits and each step was approved by the city. How do we know the
structure on 5708 Heron Ave was put up n accordance with regutations.
I wanted to put up a carport and was totd that I could not as it would not
compty with city requirements.

Thank you for reading this and taking this into advice when making your
determination.

Sincerety

Hedda Abbott
5524ldle Ave
Las Vegas NV 89107

- "^.rmitted after flnalagenl;,

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vlr.-71322 vARraNcD F[iSLrc HEARTNc


APPLICANT/O\ryNRp.,.PIAeIDO BUSTOS - For possible acrion
on a request for a AN UCHT-FOOT FRONT
YARD IS REQUIRED FOR AN
EXISTJNG RT ADDITION
at 5708 Heron A 315-016), R-1 (Single Family
.. R.esidnt ial) zone, wffimrraman) '[ru-zt t91.

d tlrhtL t .6fr itt


The proposed project may not pertain to the entire highlighted
project site.

Public Hearing Information


Meeting: Planning Commission
Date: September 12,2017
Time: ;00 P.M.
Location: *city Council Chambers
495 South Main Street, 2nd Floor
Las V Nevada 89101
Any and all interested persons may appeil person or representative and object to or express approval of this request; or may, prior to this meeting, frle a

6301 (TTY 7- |-I ) or go to http://www.lasvegasnevadagov.

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Agenda Item No.: 42.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - SUP-71214 - SPECIAL USE PERMIT - PUBLIC HEARING -
APPLICANT/OWNER: ALON ELIAS - For possible action on a request for a Special Use
Permit FOR A PROPOSED SHORT-TERM RESIDENTIAL RENTAL USE WITH A WAIVER
TO ALLOW A 235-FOOT DISTANCE SEPARATION FROM A SIMILAR USE WHERE 660
FEET IS REQUIRED at 4000 San Joaquin Avenue (APN 162-07-515-005), R-1 (Single Family
Residential) Zone, Ward 1 (Tarkanian) [PRJ-71151]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 9 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Comment Form and Support Postcards
7. Protest Postcards, Telephone Log and Comment Forms
SUP-71214 [PRJ-71151]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: ALON ELIAS

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71214 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 27

NOTICES MAILED 672

PROTESTS 9

APPROVALS 0

CS
SUP-71214 [PRJ-71151]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71214 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. A Waiver from Title 19.12 is hereby approved, to allow a Short-Term Residential


Rental use to be 235 feet from an existing Short-Term Residential Rental use
where 660 feet is required.

4. The use shall not include the rental or occupancy of an accessory structure (Class
I or II), a tent, a trailer or a mobile unit.

5. Prior to the issuance of a Short-Term Residential Rental business license, the


Department of Planning - Code Enforcement Division must approve an inspection
of the subject property.

6. All necessary business licenses shall be obtained in compliance with Title 6 prior to
any rental activities.

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

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

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

CS
SUP-71214 [PRJ-71151]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to operate a Short-Term Residential Rental use within the
existing single-family dwelling at 4000 San Joaquin Avenue.

ISSUES

Pursuant to Title 19.12, a Short-Term Residential Rental use is permitted in the R-1
(Single Family Residential) zoning district as a Conditional Use.
The applicant will not comply with the owner occupied requirements of the
conditional use regulations and therefore per Title 19.12.040 a Special Use Permit is
required.
A Waiver has been requested to allow the use to be 235 feet from an existing Short-
Term Residential Rental use, where 660 feet is required. Staff does not support this
waiver request.
The applicant failed an inspection through the Department of Planning - Code
Enforcement Division on 05/23/17. The inspection must be approved prior to the
issuance of the business license.

ANALYSIS

The subject property contains a single-family dwelling, is zoned R-1 (Single Family
Residential) and is subject to Title 19 requirements. The dwelling contains four
bedrooms per the Clark County Assessors records. The Short-Term Residential Rental
definition specifically prohibits the rental or occupancy of an accessory structure (Class I
or II), a tent, a trailer or a mobile unit. Staff has included a recommended condition that
includes that restriction.

A Short-Term Residential Rental use is permitted in the R-1 (Single Family Residential)
zoning district as a Conditional Use. The proposed use would not meet the Conditional
Use Regulations requiring it to be owner occupied during each period the unit is rented
and to be 660 feet from any other Short-Term Residential Rental use; therefore, per
Title 19.12.040 a Special Use Permit is required.

CS
SUP-71214 [PRJ-71151]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

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 entire dwelling
unit or one or more individual rooms within 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. For purposes of this Title, this
use does not include the rental or occupancy of an accessory structure (Class I or II), a
tent, a trailer or a mobile unit. In the case of a single parcel containing more than one
dwelling unit, each dwelling unit constitutes a separate short-term residential rental
use. Per the applicants justification letter date stamped on 07/18/17, the applicant
meets this definition as they intend to rent out their single family dwelling on a short
term basis. Additionally, the following analysis is required:

The Minimum Special Use Permit Requirements for this use include: (The requirements
marked with an asterisk cannot be waived.)

*1. The operator must obtain a business license to operate the use.

If this Special Use Permit is approved, the applicant will be required to obtain a
business license prior to operating.

*2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*3. The use must comply with the Citys noise regulations as they apply to residential
uses, as well as any applicable provisions of the Municipal Code that may pertain
to odor nuisances.

The Code Enforcement Division will investigate noise and odor nuisance
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or
access to other properties in the area.

CS
SUP-71214 [PRJ-71151]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

The Code Enforcement Division will investigate traffic and access obstruction
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*5. In addition to and independent of any enforcement authority or remedy described


in this Title, the failure to comply with a Minimum Special Use Permit
Requirement or other condition of approval associated with this use may be
enforced as in the case of a violation of Title 6 by means of a civil proceeding
pursuant to LVMC 6.02.400 to 6.02.460, inclusive.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*6. The use is allowed in the P-O, O, C-1, C-2 and C-PB Zoning Districts only in
connection with the residential component of a mixed-use development or in a
dwelling unit permitted as a legal nonconforming use.

This condition does not apply, as the subject site is not zoned P-O, O, C-1, C-2
or C-PB.

*7. The maximum occupancy of the residential dwelling unit shall not exceed the
limits provided for in LVMC 6.75.090.

The Code Enforcement Division will investigate maximum occupancy allegations


and take enforcement action when appropriate. Reports of violations will be
forwarded to the Business Licensing Division for action when appropriate.

8. The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).

The applicant has requested a waiver of this requirement to allow the proposed
Short-Term Residential Rental to be 235 feet from the nearest existing Short-
Term Residential Rental use, where 660 feet is required. Staff does not support
the waiver request.

Additional parking for a Short-Term Residential Rental is only required if the unit has
more than five bedrooms, at which point one additional space shall be required for
every two additional bedrooms or fractional portion thereof. The proposed Short-Term
Residential Rental has four bedrooms and therefore is not required to provide additional
parking.

CS
SUP-71214 [PRJ-71151]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

The proposed Short-Term Residential Rental use will not be compatible with the
surrounding residential uses due to the existing Short-Term Rental use that is currently
licensed approximately 235 feet from the subject site. Code requirements are intended
to discourage the saturation of Short-Term Residential Rental uses within residential
areas. The minimum special use permit requirements specify that the distance between
similar uses shall be at least 660 feet; therefore, staff recommends denial. If this
application is approved, it is subject to conditions.

FINDINGS (SUP-71248)

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

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


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

The proposed Short-Term Residential Rental use cannot be conducted in a


manner that is harmonious and compatible with the existing surrounding land
uses. The subject property is located 235 feet from an existing Short-Term
Residential Rental use, where 660 feet is required.

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

The subject site is physically suitable for the use as a Short-Term Residential
Rental.

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


adequate in size to meet the requirements of the proposed use.

The proposed Short-Term Residential Rental use will be accessed from San
Joaquin Avenue and Arenas Street, both 50-foot wide local streets, which will
provide adequate access for the proposed use.

4. Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.

The approval of the Special Use Permit on this subject property will be subject to
conditions of approval, business license approval, and compliance inspections to
ensure it will not compromise the public health safety and welfare.

CS
SUP-71214 [PRJ-71151]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Short-Term Residential Rental use complies with all of the Special
Use Permit requirements listed in Title 19.12 with the exception of the distance
separation from a similar, existing use. The applicant has requested a waiver to
allow a 235-foot separation, where 660 feet is required. Staff does not support
this waiver request.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


Code Enforcement issued Case #154403 for high weeds and
05/06/15
vegetation. The case was resolved on 05/29/15.
Code Enforcement issued Case #170417 for unpermitted remodel
09/07/16
work. The case was resolved on 10/11/16.
The Department of Planning Code Enforcement Division inspected
the subject site for the purpose of a Short-Term Residential Rental
05/23/17
business license. Case #179029 was issued for unpermitted AC/water
heater replacement without a permit.
The Planning Department denied a Conditional Use Verification (CUV-
06/26/17 70466) for a proposed Short-Term Residential Rental at 4000 San
Joaquin Avenue.
The Planning Commission voted (7-0) to hold SUP-71214 [PRJ-71151]
09/12/17
in abeyance to the October 10, 2017 Planning Commission meeting.

Most Recent Change of Ownership


04/14/17 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no related building permits or licenses on file.

Pre-Application Meeting
A pre-application meeting was held with the applicant where the
07/10/17
submittal requirements and deadlines were reviewed.

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

CS
SUP-71214 [PRJ-71151]
Staff Report Page Six
October 10, 2017 - Planning Commission Meeting

Field Check
Staff conducted a routine field check and found a well maintained single-
08/03/17
family dwelling. There were no signs of trash or debris.

Details of Application Request


Site Area
Net Acres 0.20

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family, L (Low Density R-1 (Single Family
Property Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
North
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
South
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
East
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
West
Detached Residential) Residential)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

CS
SUP-71214 [PRJ-71151]
Staff Report Page Seven
October 10, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
San Joaquin
Local Street Title 13 50 FT Y
Avenue
Arenas Street Local Street Title 13 50 FT Y

Waivers
Requirement Request Staff Recommendation
A Short-Term Residential To allow a Short-
Rental use may not be Term Residential
located closer than 660 feet Rental use to be 235
to any other Short-Term feet from an existing Denial
Residential Rental use Short-Term
(measured property line to Residential Rental
property line). use.

CS
SUP-71214



CLV Planning - Application Form
Application Number: PRJ-71151

Application/Petition For: PRJ-71151 - SUP

ProjectAddress (Location): 4000 SAN JOAQUIN AVE

Project Name A-Z RENTALS

Assessors Parcel #(s): 16207515005

Ward #: WARD 1 (LOIS TARKANIAN)

Is the Application Information Yes


Correct:
If no, ...change what

General Plan Designation: Proposed: Select

Zoning District: Proposed: Select

Gross Acres:

Lots/Units:

Additional Information:

Applicant First Name: Alon

Applicant Last Name: Elias

Applicant Address: 115 N Sycamore ave

Applicant City: Los Angeles

Applicant State: CA

Applicant Zip: 90036

Applicant Phone: 3107033524

Applicant Fax:

Applicant Email: alon.elias@hp.com

Rep First Name: Alon

Rep Last Name: Elias

Rep Address: 115 N Sycamore ave

Rep City: Los Angeles

Rep State: CA

Rep Zip: 90036

Rep Phone: 3107033524

Rep Fax:

Rep Email: alon.elias@hp.com

SUP-71214

8/1/2017 3:49:56 PM Page 1 of 2


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

If no, ...change what

Owner(s) ADDR1 ADDR2


ELIAS ALON 115 N SYCAMORE AVE LOS ANGELES, CA 90036

CLVEPLAN Applicant Company Title Email


alon elias .. mr alon.elias@hp.com

SUP-71214

8/1/2017 3:49:56 PM Page 2 of 2



SUP-71214

SUP-71214
SUP-71214 [PRJ-71151] - SPECIAL USE PERMIT - APPLICANT/OWNER: ALON ELIAS
4000 SAN JOAQUIN AVENUE
08/03/2017
SUP-71214 [PRJ-71151] - SPECIAL USE PERMIT - APPLICANT/OWNER: ALON ELIAS
4000 SAN JOAQUIN AVENUE
08/03/2017
7

7 77 7

7 77A 7
7 7 777 7 7A7 7 7 7 77 7 7 7
7 7* 7 7 7 7 77 7 77 7 77 7
77 7 7 7 7 7 77 7 77 7 7 7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 77 7 *7 7
7 7 7 7 7 7 7 7 7 77 77 7 7 7 7
*7 77 7

b 7 7 7 7

7A* 7 7
7 7

A 7 7

SUP-71214
Agenda Item No.: 43.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
GPA-71401 - GENERAL PLAN AMENDMENT - PUBLIC HEARING -
APPLICANT/OWNER: ALVERSON J BRUCE TRUST, ET AL - For possible action on a
request for a General Plan Amendment FROM: O (OFFICE) TO: SC (SERVICE
COMMERCIAL) on 2.20 acres located on the south side of Charleston Boulevard,
approximately 160 feet west of Tenaya Way (APN 163-03-101-014), Ward 1 (Tarkanian) [PRJ-
71386]. Staff recommends DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 4 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - GPA-71401, ZON-71402, VAR-71404, VAR-71405, SUP-
71403 and SDR-71406 [PRJ-71386]
3. Supporting Documentation - GPA-71401, ZON-71402, VAR-71404, VAR-71405, SUP-
71403 and SDR-71406 [PRJ-71386]
4. Photo(s) - GPA-71401, ZON-71402, VAR-71404, VAR-71405, SUP-71403 and SDR-71406
[PRJ-71386]
5. Justification Letter - GPA-71401, ZON-71402, VAR-71404, VAR-71405, SUP-71403 and
SDR-71406 [PRJ-71386]
6. Protest/Support Postcards for GPA-71401 and ZON-71402 [PRJ-71386]
GPA-71401, ZON-71402, VAR-71404, VAR-71405, SUP-71403 and SDR-71406 [PRJ-
71386]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: ALVERSON J BRUCE TRUST, ET AL

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
GPA-71401 Staff recommends DENIAL.

ZON-71402 Staff recommends DENIAL. GPA-71401

VAR-71404 Staff recommends DENIAL, if approved subject to GPA-71401


conditions: ZON-71402

VAR-71405 Staff recommends DENIAL, if approved subject to GPA-71401


conditions: ZON-71402
VAR-71404
SUP-71403 Staff recommends DENIAL, if approved subject to GPA-71401
conditions: ZON-71402
VAR-71404
VAR-71405
SDR-71406 Staff recommends DENIAL, if approved subject to GPA-71401
conditions: ZON-71402
VAR-71404
VAR-71405
SUP-71403

FS
GPA-71401, ZON-71402, VAR-71404, VAR-71405, SUP-71403 and SDR-71406 [PRJ-
71386]
Notification Page One
October 10, 2017 - Planning Commission Meeting

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 26

NOTICES MAILED 255 - GPA-71401 and ZON-71402


255 - VAR-71404 and VAR-71405
255 - SUP-71403 and SDR-71406

PROTESTS 4 - GPA-71401 and ZON-71402


4 - VAR-71404 and VAR-71405
4 - SUP-71403 and SDR-71406

APPROVALS 1 - GPA-71401 and ZON-71402


1 - VAR-71404 and VAR-71405
1 - SUP-71403 and SDR-71406

FS
GPA-71401, ZON-71402, VAR-71404, VAR-71405, SUP-71403 and SDR-71406 [PRJ-
71386]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71404 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Variance (VAR-


71405), Special Use Permit (SUP-71403), and Site Development Plan Review
(SDR-71406) shall be required, if approved.

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

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

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

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

VAR-71405 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Variance (VAR-


71404), Special Use Permit (SUP-71403), and Site Development Plan Review
(SDR-71406) 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.

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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-71403 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Mini-
Storage Facility use.

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

3. Approval of and conformance to the Conditions of Approval for Variances (VAR-


71404 and VAR-71405), and Site Development Plan Review (SDR-71406) shall be
required, if approved.

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

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

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

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

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SDR-71406 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Variances (VAR-


71404, VAR-71405) and Special Use Permit (SUP-71403) shall be required, if
approved.

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

3. All development shall be in conformance with the site plan, landscape plan, and
building elevations, date stamped 08/24/17, except as amended by conditions
herein.

4. A Waiver from Title 19.08 is hereby approved to allow no perimeter landscape


buffer along a portion of the east property line where eight feet is required.

5. All perimeter landscape trees shall be spaced at a minimum of 20 feet on-center.

6. Utility installations, mechanical equipment, and trash enclosures shall be screened


per the provisions of Title 19.08.

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

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

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

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Public Works

11. In accordance with code requirements of Title 13.56, remove all substandard
offsite improvements, if any, and replace with new improvements meeting current
City standards concurrent with development of this site. All existing paving
damaged or removed by this development shall be restored at its original location
and to its original width concurrent with development of this site.

12. Obtain an Occupancy Permit from the Nevada Department of Transportation


(NDOT) for all driveways or other private improvements, if any, in the Charleston
Boulevard public right-of-way adjacent to this site prior to constructing any
improvements within NDOT jurisdiction.

13. 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, if allowed by the City Engineer.

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** STAFF REPORT **

PROJECT DESCRIPTION

The request is for a 477-unit Mini-storage Facility located on the south side of
Charleston Boulevard, approximately 160 feet west of Tenaya Way.

ISSUES

The applicant is requesting a General Plan Amendment from O (Office) to SC


(Service Commercial). Staff recommends denial of this request.
The applicant is requesting a Rezoning from P-O (Professional Office) to C-1
(Limited Commercial). Staff recommends denial of the request.
A Special Use Permit is required to allow a Mini-storage Facility use within the
proposed C-1 (Limited Commercial) zoning district. Staff recommends denial of
the request.
Variances are being requested to allow a zero-foot side-yard setback along the
east property line, to allow 11 parking spaces where 15 are required, and to allow
all parking to be located on the exterior side of the security gate where they are
required to be located throughout the site. Staff recommends denial of all
requests.
A landscape buffer waiver to allow no perimeter buffer along a portion of the east
property line where eight feet is required has been requested. Staff recommends
denial of the request.

ANALYSIS

The request is for a 477-unit Mini-storage Facility located on the south side of
Charleston Avenue, approximately 140 feet west of Tenaya Way. Adjacent land uses to
the site include a multifamily property to the west, an office complex to the east, and
large lot single family residential to the south. Across Charleston Boulevard to the north
is a low density single family residential subdivision.

The subject site is located within the Southwest Sector of the 2020 Master plan with an
O (Office) land use designation, which allows for small lot office conversions as a
transition along primary and secondary streets from residential and commercial uses,
and for large planned office areas. The proposed SC (Service Commercial) designation
is intended to allow low to medium intensity retail, office, or other commercial uses that
serve primarily local area patrons, and that do not include more intense general

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commercial characteristics. Examples include neighborhood shopping centers, theaters,


and other places of public assembly and public and semi-public uses. This category
also includes offices either singly or grouped as office centers with professional and
business services. The Service Commercial category may also allow mixed-use
development with a residential component where appropriate.

The subject site is currently zoned P-O (Professional Office), which allows for lower
intensity professional office uses. The request is to rezone the property to C-1 (Limited
Commercial), which is intended to provide for most retail shopping and personal
services. This district should be located on the periphery of residential neighborhoods,
and should be confined to the intersections of primary and secondary thoroughfares
along major retail corridors. The C-1 District is consistent with the proposed Service
Commercial category of the General Plan.

The Mini-Storage Facility use is permitted in the C-1 (Limited Commercial) zoning
district with the approval of a Special Use Permit. A Mini-Storage Facility is defined as
A facility with enclosed storage space, divided into separate compartments no larger
than 500 square feet in size, which is provided for use by individuals to store personal
items or by businesses to store materials for operation of a business establishment.
The proposed use meets the definition of a Mini-Storage Facility.

The Minimum Special Use Permit Requirements for this use include:

1. No more than one managers security residence shall be permitted

There is no managers security residence proposed with this request.

2. All storage shall be within an enclosed building except for the storage of
recreational vehicles, which shall be completely screened from view from
surrounding properties and abutting streets

All storage will be within enclosed units, and no RV storage is being proposed
with this request.

3. The following activities are prohibited on or from the premises of a mini-storage


facility:
a. The conducting of a business (other than the mini-storage business itself
and permitted accessory uses);
b. The retail sale of stored items;
c. The commercial repair of motor vehicles, boats, trailers and other like
vehicles;
d. The operation of spray-painting equipment, power tools, welding
equipment or other similar equipment;

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e. The production, fabrication or assembly of products.

No prohibited activities are being proposed with this request, and the site will be
subject to periodic licensing inspections.

4. The rental of single unit trucks and small utility trailers shall be permitted as an
accessory use to a mini-storage facility, provided the business is conducted out
of the same office as that of the mini-storage facility. No trucks or trailers shall be
displayed in public view, and the combined total of all trucks and trailers stored
on site shall not exceed a ratio of 2 trucks or trailers for each 100 storage units.

Truck and utility trailer rental has not been proposed with this request.

5. Truck and trailer storage shall be screened from streets and adjacent properties.

Truck and trailer storage has not been proposed with this request.

6. When adjacent to a residential use, the exterior wall of the mini-storage shall be
constructed of decorative block.

The exterior of the mini-storage will be screened by existing block walls along the
west and south property lines.

The site plan indicates a 477-unit Mini-storage Facility consisting of one two-story
building at the center of the site, and two one-story buildings along the east and south
portions of the site. The site will receive access from Charleston Boulevard, and the on-
site circulation pattern dictates that customer traffic will be one-way in and one-way out
within the secure areas of the site. A zero-foot side-yard setback has been proposed
along the east property line where 10 feet is required. The applicant has requested a
Variance to provide relief from this requirement.

Eleven onsite parking spaces have been proposed where 15 are required, and all
parking has been located on the exterior side of the security gate where Title 19
requires them to be dispersed throughout the development. A Variance has been
requested to provide relief from Title 19 parking requirements.

Along Charleston Boulevard, the landscape plan depicts the required 15-foot landscape
buffer area planted with 24-inch box trees 20 feet on-center. Along the west property
line, a 20-foot landscape buffer is being provided where eight feet is required. Along a
portion of the west property line, the landscape buffer area has been reduced to eight
feet to accommodate for the installation of three parallel parking spaces. Along the
southern property line, a 20-foot landscape buffer area is being provided where eight

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feet is required. Both the west and south property lines are planted with the required
24-inch box trees every 20 feet on-center. Along the east property line, a landscape
buffer area is not required for the area occupied by the proposed building if the related

setback Variance for a zero-foot setback is approved; however, the required landscape
buffer is still required along the northern portion of the east property line where the
building ends. The applicant has not included a buffer area in this area in order to
accommodate for additional parking, and a waiver is required to provide relief from this
requirement. Staff recommends denial of the waiver request. Tree species include
Shoestring Acacias, Chitalpas, and assorted shrubs and ground covers.

The building elevations indicate a two-story main storage building, and two smaller one-
story storage buildings. The two-story building has a maximum height of 35 feet at the
site office, with the remainder of the building having a flat 28-foot tall roofline. Both
single-story buildings are 14.8 feet in height. The external style of the buildings is
typical of a storage facility, with roll-up doors and siding consisting of metal panels
painted in desert earth tones.

The site is subject to Residential Adjacency standards along the south property line as it
is adjacent to R-E (Residence Estates) zoned parcels. Title 19.08 requires that
commercial uses maintain a 3 to 1 proximity slope when adjacent to parcels used or
zoned for single family residential. The 28-foot tall portion of the building nearest to the
south property line requires an 84-foot setback from the property line of the adjacent
protected use. The building is set back 120 feet, which is in compliance with the
setback requirement. The one-story buildings along the south and east property lines
are 15 feet tall or less, therefore proximity slope requirements do not apply. The
proposed trash enclosure is in excess of 50 feet from the nearest protected use, and is
in compliance with the required adjacency standards.

The floor plans indicate seven different sizes of storage units ranging in size from 5x5
to 10x30. There are a total 477 units with 59,650 square feet of total storage area. A
managers security residence is not being proposed with this development.

The existing land use designations and zoning districts in the immediate area are
predominantly intended for professional office and low to medium density residential.
An amendment of the land use plan to the SC (Service Commercial) designation and a
rezoning to C-1 (Limited Commercial) district would allow for more intense commercial
uses that are not compatible with the existing professional office and residential
development in the area. A rezoning to C-1 (Limited Commercial) would be spot zoning
considering that there are no similar commercial districts adjacent to the site, and the
proposed rezoning would create commercial island in an area that is predominantly
designated for professional office and residential. The preservation of the existing office

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land use designation and zoning district would allow for the site to continue act as buffer
between the existing residential neighborhoods and more intense commercial uses.
The site is not physically suitable for the proposed use and is being overbuilt, which is
evidenced by the multiple Variances being requested. Staff recommends denial of all
submitted applications.

FINDINGS (GPA-71401)

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

1. The density and intensity of the proposed General Plan Amendment is


compatible with the existing adjacent land use designations,

The surrounding area has land use designations that are predominantly intended
for residential or low intensity office uses. An amendment to the SC (Service
Commercial) designation would allow for the introduction of commercial land uses
that are not appropriate for this location.

2. The zoning designations allowed by the proposed amendment will be


compatible with the existing adjacent land uses or zoning districts,

The zoning districts allowed by the proposed amendment to SC (Service


Commercial) designation would allow for commercial uses that would be too
intense for this location and for the surrounding area. The preservation of the
existing O (Office) designation would allow the site to continue to serve as a
buffer, and thus limiting the encroachment of commercial uses into the
surrounding area.

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


accommodate the uses and densities permitted by the proposed General
Plan Amendment; and

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


accommodate the uses and densities permitted by the proposed General Plan
Amendment.

4. The proposed amendment conforms to other applicable adopted plans and


policies.

The proposed amendment conforms to other applicable plans and policies.

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FINDINGS (ZON-71402)

In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning


Commission or City Council must affirm the following:

1. The proposal conforms to the General Plan.

With the approval of the related General Plan Amendment (GPA-71401) to the SC
(Service Commercial) land use designation, the proposal will be in conformance
with 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.

The uses which would be allowed in the proposed C-1 (Limited Commercial)
zoning district would not be compatible with surrounding land uses and zoning
districts. The surrounding area is predominately utilized for residential or
professional office, and the uses associated with the C-1 (Limited Commercial)
zoning district allow for more intense commercial uses which are not appropriate
for this location. The elimination of the existing P-O (Processional Office) also
removes a buffer between more intense commercial uses and the residential to
the west and south of the subject property.

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

The surrounding area is predominantly utilized for residential or professional


office. The rezoning is not appropriate as the commercial uses associated with
the C-1 (Limited Commercial) zoning district are not compatible with the existing
uses in the surrounding area.

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


adequate in size to meet the requirements of the proposed zoning district.

The site receives access from Charleston Boulevard, a 100-foot right-of-way,


which is adequate in size to meet the requirements of the proposed use.

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FINDINGS (VAR-71404)

In accordance with the provisions of Title 19.16.140(B), Planning Commission and City
Council, in considering the merits of a Variance request, shall not grant a Variance in
order to:

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


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

Additionally, Title 19.16.140(L) states:

Where by reason of exceptional narrowness, shallowness, or shape of a


specific piece of property at the time of enactment of the regulation, or by reason
of exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by overbuilding the site. Alternative
design with a reduction of building area would allow conformance to the Title 19 parking
requirements. The lack of parking spread throughout the site as required by Title 19
results in a storage facility with no designated parking spaces for patrons in the secure
areas of the site. This could possibly lead to queuing and circulation issues if patrons
park in the drive aisle to unload their vehicles. In view of the absence of any hardships
imposed by the sites physical characteristics, it is concluded that the applicants
hardship is preferential in nature, and it is thereby outside the realm of NRS Chapter
278 for granting of Variances.

FINDINGS (VAR-71405)

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:

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by overbuilding the site. Alternative
design with a reduction of building area would allow conformance to the Title 19 setback
requirements. The building along the east property line will also essentially create a
blank, expressionless, 15-foot tall wall along this property line. In view of the absence
of any hardships imposed by the sites physical characteristics, it is concluded that the
applicants hardship is preferential in nature, and it is thereby outside the realm of NRS
Chapter 278 for granting of Variances.

FINDINGS (SUP-71403)

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

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


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

The proposed Mini-storage Facility is a commercial use that is not compatible with
the lower intensity office and residential units in the surrounding area.

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

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The site is not physically suitable for the proposed use as evidenced by the two
related Variance applications that are being requested to provide relief from Title
19 parking and setback requirements.

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


adequate in size to meet the requirements of the proposed use.

The site receives access from Charleston Boulevard, a 100-foot right-of-way,


which is adequate in size to meet the requirements of the proposed use.

4. Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.

The subject site will be subject to licensing and regular inspection and therefore
will not compromise the public health, safety or welfare.

5. The use meets all of the applicable conditions per Title 19.12.

The subject site meets all applicable conditions per Title 19.12.

FINDINGS (SDR-71406)

In order to approve a Site Development Plan Review application, per Title 19.16.100(E)
the Planning Commission and/or City Council must affirm the following:

1. The proposed development is compatible with adjacent development and


development in the area;

The proposed Mini-storage Facility is a commercial use that is not compatible with
the lower intensity office and residential units in the surrounding area.

2. The proposed development is consistent with the General Plan, this Title,
and other duly-adopted city plans, policies and standards;

With the approval of the related General Plan Amendment, Rezoning, two
Variances, and Special Use Permit, the proposed development will be consistent
with the General Plan, Title 19 and other duly-adopted city plans policies and
standards.

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3. Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;

The site receives access from Charleston Boulevard, a 100-foot right-of-way,


which is adequate in size to meet the requirements of the proposed use.

4. Building and landscape materials are appropriate for the area and for the
City;

The building and landscape materials are appropriate for the area and for the City.

5. Building elevations, design characteristics and other architectural and


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

The building elevations are not unsightly or obnoxious in appearance; however,


the proposed use is not harmonious and compatible with development in the area.

6. Appropriate measures are taken to secure and protect the public health,
safety and general welfare.

The subject site will be subject to licensing and regular inspection and therefore
will not compromise the public health, safety or welfare.

BACKGROUND INFORMATION

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


The City Council approved an Annexation (A-0009-85) for 1,509 acres
03/19/86 of land, including the subject site. The effective date of the annexation
was 03/28/86.
The City Council approved a Rezoning (Z-0127-94) from N-U (Non-
Urban) to P-R (Professional Office and Parking) zone on a parcel
12/07/94 located on the southwest corner of West Charleston Boulevard and
Tenaya Way. The Planning Commission and staff recommended
approval.

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


The City Council approved an Extension of Time [Z-127-94(1)]
Rezoning from N-U (Non-Urban) to P-R (Professional Office and
02/07/96 Parking) zone on a parcel located on the southwest corner of West
Charleston Boulevard and Tenaya Way. Staff recommended
approval.
Code Enforcement issued a notice (#23970) for a large sign on a
11/24/04 vacant lot west of 7401 W. Charleston Boulevard. The case was
closed on 11/29/04.
The City Council approved a General Plan Amendment (GPA-62296)
from: O (Office) to: M (Medium Density Residential) on 2.22 acres on
the south side of Charleston Boulevard, 160 feet west of Tenaya Way.
The Planning Commission and staff recommended approval.
02/17/16 The City Council approved a Rezoning (ZON-62297) from: P-R
(Professional Office and Parking) to: R-TH (Single Family Attached) on
2.22 acres on the south side of Charleston Boulevard, 160 feet west of
Tenaya Way. The Planning Commission and staff recommended
approval.
The City Council approved a General Plan Amendment (GPA-64764)
from: M (Medium Density Residential) to O (Office) on 2.22 acres on
the south side of Charleston Boulevard, 160 feet west of Tenaya Way.
Staff had recommended approval and the Planning Commission
recommended denial due to the lack of a supermajority vote.
09/17/16
The City Council approved a Rezoning (ZON-64765) from R-TH
(Single Family Attached) to P-O (Professional Office) on 2.22 acres on
the south side of Charleston Boulevard, 160 feet west of Tenaya Way.
Staff had recommended approval and the Planning Commission
recommended denial due to the lack of a supermajority vote.

Most Recent Change of Ownership


08/27/96 A deed was recorded for a change in ownership.

Pre-Application Meeting
A pre-application meeting was held and issues discussed included the
08/09/17 proposed parking on the site, the need for residential adjacency
compliance, and other site related issues.

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Neighborhood Meeting
A neighborhood meeting was held at the West Charleston Library at
5:30pm to discuss the proposal

There was one representative from the applicant, two Council Ward 1
Liaisons, and three members of the public. Concerns were raised
regarding the following matters:
09/11/17
While not opposed to the project, one person felt that there was
an oversaturation of mini-storage facilities in the area.
Another person stated that the encroachment of this use into
residential areas was not appropriate, and felt that a mini
storage was not desirable for this location.

Field Check
08/31/17 A field check was conducted and the site is undeveloped.

Details of Application Request


Site Area
Net Acres 2.20

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject P-O (Professional
Undeveloped O (Office)
Property Office)
Single Family, L (Low Density R-1 (Single Family
North
Detached Residential) Residential)
Single Family, DR (Desert Rural R-E (Residence
South
Detached Density Residential) Estates)
P-R (Professional
East Office O (Office)
Office and Parking)
R-PD14 (Residential
Multi Family, M (Medium Density
West Planned Development
Attached Residential)
14 Units per Acre)

FS
GPA-71401, ZON-71402, VAR-71404, VAR-71405, SUP-71403 and SDR-71406 [PRJ-
71386]
Staff Report Page Thirteen
October 10, 2017 - Planning Commission Meeting

Master and Neighborhood Plan Areas Compliance


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

DEVELOPMENT STANDARDS

Pursuant to Title 19.08, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Width 100 Feet 150 Feet Y
Min. Setbacks
Front 10 Feet 50 Feet Y
Side 10 Feet 0 Feet N
Rear 20 Feet 68 Feet Y
Max. Lot Coverage 50 % 43 % Y
Max. Building Height 150 Feet 35 Feet Y
Screened,
Gated, w/ a
Trash Enclosure Y
Screened, Gated, w/ a Roof or
Roof or Trellis Trellis
Mech. Equipment Screened Screened Y

Residential Adjacency Standards Required/Allowed Provided Compliance


3:1 proximity slope 84 Feet 118 Feet Y
Adjacent development matching
setback 35 Feet 118 Feet Y
Trash Enclosure 50 Feet 70 Feet Y

FS
GPA-71401, ZON-71402, VAR-71404, VAR-71405, SUP-71403 and SDR-71406 [PRJ-
71386]
Staff Report Page Fourteen
October 10, 2017 - Planning Commission Meeting

Pursuant to Title 19.08, the following standards apply:


Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees
Buffer Trees:
North 1 Tree / 20 Linear Feet 6 Trees 6 Trees Y
South 1 Tree / 20 Linear Feet 8 Trees 8 Trees Y
East 1 Tree / 20 Linear Feet 2 Trees 0 N
West 1 Tree / 20 Linear Feet 33 Trees 33 Trees Y
TOTAL PERIMETER TREES 49 Trees 47 Trees N
1 Tree / 6 Uncovered
Parking Area Spaces, plus 1 tree at the
0 Trees 0 Trees Y
Trees end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North 15 Feet 15 Feet Y
South 8 Feet 20 Feet Y
East 8 Feet 0 Feet N
West 8 Feet 20 Feet Y
Wall Height 6 to 8 Feet Adjacent to Residential 6 Y

Street Name Functional Governing Actual Street Compliance with


Classification Document Width (Feet) Street Section
of Street
Charleston Blvd Primary Arterial Planned 100 Y
Streets and
Highways Map

FS
GPA-71401, ZON-71402, VAR-71404, VAR-71405, SUP-71403 and SDR-71406 [PRJ-
71386]
Staff Report Page Fifteen
October 10, 2017 - Planning Commission Meeting

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Required Provided Compliance
Floor Parking Parking
Use Area or
Number Parking Ratio Handi- Handi-
Regular Regular
of Units capped capped
1 per 50 units
spread
throughout
the
development
Mini-storage 477
plus a 15
Facility units
minimum of 5
spaces on
the exterior
side of the
security fence

TOTAL SPACES REQUIRED 15 11 N


Regular and Handicap Spaces Required 14 1 10 1 N
Percent Deviation 26% N

Waivers
Requirement Request Staff Recommendation
Zero-foot Perimeter
An Eight-foot Perimeter Landscape Buffer
Landscape Buffer Area along Area along a portion Denial
the east property line of the east property
line

FS
GPA-71401

GPA-71401
GPA-71401



GPA-71401

ANTELOPE WAY
ASTRONAUT AVE

JAMES LOVELL ST
PF
ML

PALMHURST DR

W CHARLESTON BLVD

SUBJECT
PROPERTY O SC
M

ROW
S MO NTE CRIS

S TE NAYA W A

DR

BELCASTRO ST
TO WAY

DEL REY AVE

OAK GROVE AVE

FROM O TO SC
General Plan Amendment
RNP - Rural Neighborhood MLA - Medium - Low Attached GTC - Tourist Commercial PF-CC Public Facility 1000' Buffer
Preservation Clark County
LVMD - Las Vegas Medical
M - Medium
RE - Rural Estates District TC - Town Center City Limits
H - High LI/R - Light Industrial / Research
DR - Desert Rural RC - Resource Conservation
PCD - Planned Community Not City GIS maps are normally produced
R - Rural O - Office C - Downtown - Commercial only to meet the needs of the City.
Development
Due to c ontinuous dev elopment activity
SC - Service Commercial PR-OS - Park/Recreation/ Subject Property this map is for reference only .
L - Low MXU - Downtown - Mixed Use Geographic Information System
Open Space Planning & Development Dept.
ML - Medium - Low GC - General Commercial TND - Tradional Neighborhood 702-229-6301
PF - Public Facility
Development Date: Tuesday, September 05, 2017

GPA-71401, ZON-71402, VAR-71404, VAR-71405, SUP-71403 and SDR-71406



GPA-71401, ZON-71402, VAR-71404, VAR-71405, SUP-71403 and SDR-71406



GPA-71401, ZON-71402, VAR-71404, VAR-71405, SUP-71403 and SDR-71406



GPA-71401, ZON-71402, VAR-71404, VAR-71405, SUP-71403 and SDR-71406



GPA-71401, ZON-71402, VAR-71404, VAR-71405, SUP-71403 and SDR-71406



GPA-71401, ZON-71402, VAR-71404, VAR-71405, SUP-71403 and SDR-71406



GPA-71401, ZON-71402, VAR-71404, VAR-71405, SUP-71403 and SDR-71406



GPA-71401, ZON-71402, VAR-71404, VAR-71405, SUP-71403 and SDR-71406



GPA-71401, ZON-71402, VAR-71404, VAR-71405, SUP-71403 and SDR-71406



GPA-71401, ZON-71402, VAR-71404, VAR-71405, SUP-71403 and SDR-71406


GPA-71401 [PRJ-71386] - GENERAL PLAN AMENDMENT RELATED TO ZON-71402, VAR-71404, VAR-71405, SUP-
71403 AND SDR-71406 - APPLICANT/OWNER: ALVERSON J BRUCE TRUST, ET AL
SOUTH SIDE OF CHARLESTON BOULEVARD, WEST OF TENAYA WAY
08/31/2017
GPA-71401 [PRJ-71386] - GENERAL PLAN AMENDMENT RELATED TO ZON-71402, VAR-71404, VAR-71405, SUP-
71403 AND SDR-71406 - APPLICANT/OWNER: ALVERSON J BRUCE TRUST, ET AL
SOUTH SIDE OF CHARLESTON BOULEVARD, WEST OF TENAYA WAY
08/31/2017

GPA-71401, ZON-71402, VAR-71404, VAR-71405, SUP-71403 and SDR-71406



GPA-71401, ZON-71402, VAR-71404, VAR-71405, SUP-71403 and SDR-71406


Agenda Item No.: 44.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ZON-71402 - REZONING RELATED TO GPA-71401 - PUBLIC HEARING -
APPLICANT/OWNER: ALVERSON J BRUCE TRUST, ET AL - For possible action on a
request for a Rezoning FROM: P-O (PROFESSIONAL OFFICE) TO: C-1 (LIMITED
COMMERCIAL) on 2.20 acres located on the south side of Charleston Boulevard,
approximately 160 feet west of Tenaya Way (APN 163-03-101-014), Ward 1 (Tarkanian) [PRJ-
71386]. Staff recommends DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 4 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps - ZON-71402, VAR-71404, VAR-71405, SUP-71403 and SDR-
71406 [PRJ-71386]
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-71402

ZON-71402
ZON-71402


ZON-71402

R-1

ANTELOPE WAY
ASTRONAUT AVE

JAMES LOVELL ST
C-V

PALMHURST DR
R-CL

W CHARLESTON BLVD

SUBJECT
R-PD19
PROPERTY P-O P-R C-1
R-3

R-PD14
S MO NTE CRIS

S TE NAYA W A

BELCASTRO ST
R-E
TO WAY

DEL REY AVE


R-PD2

OAK GROVE AVE

Zoning FROM P-O TO C-1


U - (GPA Designation) R-2 - Medium-Low P-O - Professional Office C-M - Commercial/Industrial
Undeveloped Density Residential
R-3 - Medium Density N-S - Neighborhood Service M - Industrial
R-A - Ranch Acres 1000' Buffer
Residential
O - Office C-V - Civic
R-E - Residential Estates R-4 - High Density
City Limits
R-D - Single-Family Residential C-D - Designed Commercial P-C - Planned Community
Residential-Restricted R-5 - Apartment
R-PD - Residential C-1 - Limited Commercial T-D - Traditional Development Not City GIS maps are normally produced
R-MH - Mobile/Manufactured only to meet the needs of the City.
Planned Development Home Residence Due to c ontinuous dev elopment activity
C-2 - General Commercial PD - Planned Development Subject Property this map is for reference only .
R-1 - Single Family
R-MHP - Residential Mobile/ C-PB - Planned Business
Geographic Information System
Residential T-C - Town Center Planning & Development Dept.
Manufactured Home Park Park 702-229-6301
R-CL - Single-Family
Compact-Lot P-R - Professional Offices Date: Tuesday, September 05, 2017
and Parking
Agenda Item No.: 45.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71404 - VARIANCE RELATED TO GPA-71401 AND ZON-71402 - PUBLIC
HEARING - APPLICANT/OWNER: ALVERSON J BRUCE TRUST, ET AL - For possible
action on a request for a Variance TO ALLOW 11 PARKING SPACES WHERE 15 ARE
REQUIRED, AND TO ALLOW ALL AVAILABLE PARKING ON THE EXTERIOR SIDE
OF THE SECURITY FENCE WHERE SUCH IS NOT ALLOWED on 2.20 acres located on the
south side of Charleston Boulevard, approximately 160 feet west of Tenaya Way (APN 163-03-
101-014), P-O (Professional Office) Zone [PROPOSED: C-1 (Limited Commercial)], Ward 1
(Tarkanian) [PRJ-71386]. Staff recommends DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 4 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest/Support Postcards for VAR-71404 and VAR-71405 [PRJ-71386]
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-71404

VAR-71404
VAR-71404



Agenda Item No.: 46.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71405 - VARIANCE RELATED TO GPA-71401, ZON-71402 AND VAR-71404 -
PUBLIC HEARING - APPLICANT/OWNER: ALVERSON J BRUCE TRUST, ET AL - For
possible action on a request for a Variance TO ALLOW A ZERO-FOOT SIDE YARD
SETBACK WHERE 10 FEET IS THE MINIMUM REQUIRED on 2.20 acres located on the
south side of Charleston Boulevard, approximately 160 feet west of Tenaya Way (APN 163-03-
101-014), P-O (Professional Office) Zone [PROPOSED: C-1 (Limited Commercial)], Ward 1
(Tarkanian) [PRJ-71386]. Staff recommends DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 4 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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-71405

VAR-71405
VAR-71405



Agenda Item No.: 47.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71403 - SPECIAL USE PERMIT RELATED TO GPA-71401, ZON-71402, VAR-71404
AND VAR-71405 - PUBLIC HEARING - APPLICANT/OWNER: ALVERSON J BRUCE
TRUST, ET AL - For possible action on a request for a Special Use Permit FOR A MINI-
STORAGE FACILITY USE on the south side of Charleston Boulevard, approximately 160 feet
west of Tenaya Way (APN 163-03-101-014), P-O (Professional Office) Zone [PROPOSED: C-1
(Limited Commercial)], Ward 1 (Tarkanian) [PRJ-71386]. Staff recommends DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 4 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest/Support Postcards for SUP-71403 and SDR-71406 [PRJ-71386]
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-71403

SUP-71403
SUP-71403



Agenda Item No.: 48.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SDR-71406 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-71401, ZON-
71402, VAR-71404, VAR-71405 AND SUP-71403 - PUBLIC HEARING -
APPLICANT/OWNER: ALVERSON J BRUCE TRUST, ET AL - For possible action on a
request for a Site Development Plan Review FOR A PROPOSED 477-UNIT MINI-STORAGE
FACILITY WITH A WAIVER TO ALLOW A ZERO-FOOT LANDSCAPE BUFFER ALONG
A PORTION OF THE EAST PROPERTY LINE WHERE EIGHT FEET IS REQUIRED on
2.20 acres located on the south side of Charleston Boulevard, approximately 160 feet west of
Tenaya Way (APN 163-03-101-014), P-O (Professional Office) Zone [PROPOSED: C-1
(Limited Commercial)], Ward 1 (Tarkanian) [PRJ-71386]. Staff recommends DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 4 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Traffic Notes from City of Las Vegas Department of Public Works
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-71406

SDR-71406
SDR-71406



SDR 71406
Alverson J. Bruce Trust, et al

SS Charleston Boulevard, W of Tenaya Way


Proposed 477 unit mini-warehouse facility.

Proposed Use

Average Daily Traffic (ADT) 0.25 119


AM Peak Hour MINI-WAREHOUSE [UNITS] 477 0.02 10
PM Peak Hour 0.02 10

Existing traffic on nearby streets:


Charleston Boulevard
Average Daily Traffic (ADT) 33,635
PM Peak Hour (heaviest 60 minutes) 2,691

Tenaya Way
Average Daily Traffic (ADT) 5,854
PM Peak Hour (heaviest 60 minutes) 468

Antelope Way
Average Daily Traffic (ADT) 3,328
PM Peak Hour (heaviest 60 minutes) 266

Traffic Capacity of adjacent streets:


Adjacent Street ADT Capacity
Charleston Boulevard 50,900
Tenaya Way 16,380
Antelope Way 16,380

This project will add approximately 119 trips per day on Charleston Blvd., Tenaya Wy. and Antelope Wy. Currently,
Charleston is at about 66 percent of capacity, Tenaya is at about 36 percent of capacity and Antelope is at about 20
percent of capacity. With this project, Charleston and Tenaya are expected to remain unchanged and Antelope is expected
to be at about 21 percent of capacity.

Based on Peak Hour use, this development will add into the area roughly 10 additional cars, or about one every six
minutes.

Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 49.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
GPA-71428 - GENERAL PLAN AMENDMENT - PUBLIC HEARING -
APPLICANT/OWNER: FIRST PRESBYTERIAN CHURCH LV NV - For possible action on a
request for a General Plan Amendment FROM: O (OFFICE) TO: SC (SERVICE
COMMERCIAL) on 4.55 acres at the southwest corner of Martin L. King Boulevard and
Charleston Boulevard (APNs Multiple), Ward 1 (Tarkanian) [PRJ-71426]. Staff recommends
DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - GPA-71428, ZON-71429 and SUP-71431 [PRJ-71426]
3. Supporting Documentation - GPA-71428, ZON-71429 and SUP-71431 [PRJ-71426]
4. Photo(s) - GPA-71428, ZON-71429 and SUP-71431 [PRJ-71426]
5. Justification Letter - GPA-71428, ZON-71429 and SUP-71431 [PRJ-71426]
GPA-71428, ZON-71429 and SUP-71431 [PRJ-71426]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: FIRST PRESBYTERIAN CHURCH LV
NV

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
GPA-71428 Staff recommends DENIAL.
ZON-71429 Staff recommends DENIAL. GPA-71428

SUP-71432 Staff recommends DENIAL, if approved subject to GPA-71428


conditions: ZON-71429

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 31

NOTICES MAILED 100 - GPA-71428 and ZON-71429


86 - SUP-71431

PROTESTS 0 - GPA-71428 and ZON-71429


0 - SUP-71431

APPROVALS 0 - GPA-71428 and ZON-71429


0 - SUP-71431

FS
GPA-71428, ZON-71429 and SUP-71431 [PRJ-71426]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71431 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for an Off-
Premise Sign use.

2. Approval of General Plan Amendment (GPA-71428) and Rezoning (ZON-71429)


shall be required.

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

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

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

6. This Special Use Permit shall be reviewed in three (3) years, at which time the City
Council may require the Off-Premise Sign be removed. The applicant shall be
responsible for notification costs of the review. Failure to pay the City for these
costs may result in a requirement that the Off-Premise Sign be removed.

7. The Off-Premise Sign and its supporting structure shall be properly maintained and
kept free of graffiti at all times. Failure to perform the required maintenance may
result in fines and/or removal of the Off-Premise Sign.

8. The property owner shall keep the property properly maintained and graffiti-free at
all times. Failure to perform required maintenance may result in fines and/or
removal of the Off-Premise Sign.

9. Only one advertising sign is permitted per sign face.

FS
GPA-71428, ZON-71429 and SUP-71431 [PRJ-71426]
Conditions Page Two
October 10, 2017 - Planning Commission Meeting

10. If the existing Off-Premise Sign is voluntarily demolished, this Special Use Permit
shall be expunged and a new Off-Premise Sign shall not be permitted in the same
location unless a Special Use Permit is approved for the new structure by the City
Council.

11. The Off-Premise Sign supporting structure shall include finish materials that
complement the existing on-site building. The entire face-area of both sides of the
Off-Premise Sign shall be signage area or its border framework; none of the
supporting structure shall be visible aside from the support pole.

12. Bird deterrent devices shall be installed on the sign.

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

Public Works

14. The off-premise sign shall be located a minimum 20 feet south of the southern
Charleston Boulevard right-of-way line and a minimum 10 feet west of the western
Martin L. King Boulevard right-of-way line.

FS
GPA-71428, ZON-71429 and SUP-71431 [PRJ-71426]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The request is for a General Plan Amendment to the SC (Service Commercial) land use
designation, a Rezoning to C-1 (Limited Commercial) district, and a Special Use Permit
for a 56-foot tall Off-Premise Sign at the southwest corner of Martin L. King Boulevard
and Charleston Boulevard.

ISSUES

A General Plan Amendment is being requested to amend the General Plan from
O (Office) to SC (Service Commercial). The parcel at 1619 Charleston
Boulevard (APN 162-04-510-002) is currently zoned C-1, and an amendment to
the SC (Service Commercial) designation would be appropriate for this parcel
only. Staff recommends denial of the remainder of the request.
A Rezoning is being requested from O (Office) to C-1 (Limited Commercial).
Staff recommends denial of the request.
A Special Use Permit is required for the proposed 56-foot tall Off-Premise Sign
within the requested C-1 (Limited Commercial) zoning district. Staff recommends
denial of the request.
A 56-foot Off-Premise Sign height is permitted due to the subject sites proximity
to an elevated roadway.

ANALYSIS

The General Plan Amendment request is from O (Office) to SC (Service Commercial)


for the subject site. The SC (Service Commercial) designation allows low to medium
intensity retail, office, or other commercial uses that serve primarily the local area
patrons and do not include more intense general commercial characteristics. Examples
include neighborhood shopping centers, theaters, bowling alleys and other places of
public assembly and public and semi-public uses. This category also includes offices
either individually or grouped as office centers with professional and business services.

The rezoning request is from the O (Office) district to the C-1 (Limited Commercial)
district. The C-1 (Limited Commercial) district is intended to provide most retail
shopping and personal services, and may be appropriate for mixed-use developments.
This district should be located on the periphery of residential neighborhoods and should

FS
GPA-71428, ZON-71429 and SUP-71431 [PRJ-71426]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

be confined to the intersections of primary and secondary thoroughfares along major


retail corridors. The C-1 District is consistent with the Service Commercial category of
the General Plan.

The subject site is within Study Area 1B of the Rancho Charleston Land Use Study &
Strategic Plan and is currently designated as O (Office). Area 1B was designated as O
(Office) to ensure that there was a consistent land use buffer between the commercial
uses north of Charleston Boulevard and the residential to the south. One of the goals
stated by the Strategic Plan is, to ensure that low-density residential land uses within
mature neighborhoods can exist in close proximity to higher density residential, mixed-
use, or non-residential land uses by mitigating adverse impacts where feasible.
Maintaining the O (Office) designation would permit continued compliance with the
stated goal.

The proposed SC (Service Commercial) land use designation and uses that are
permitted by the C-1 (Limited Commercial) zoning district are not compatible with the
existing R-1 (Single Family Residential) zoning of the neighborhood to the south of the
subject site. The requested General Plan Amendment and Rezoning requests are not
consistent with the intent of the Charleston/Rancho Land Use Study, the Las Vegas
2020 Master Plan, and is not compatible with the adjacent residential development to
the south. Staff recommends denial of both requests.

It should be noted that 1619 Charleston Boulevard (APN 162-04-510-002) is currently


zoned C-1, and an amendment to the SC (Service Commercial) designation would be
appropriate for this parcel only. This is only necessary as a clean up of the underlying
land use for this parcel.

The applicant is requesting a Special Use Permit for a proposed 56-foot tall Off-Premise
Sign. The Off-Premise Sign use is defined as Any sign advertising or announcing any
place, product, goods, services, idea or statement whose subject is available or located
at or on the lot, same site, or within the same Master Sign Plan area where the sign is
erected or placed. The proposed use meets the definition of an Off-Premise Sign.

The Minimum Special Use Permit Requirements for this use include:

1. No off-premise signs shall be erected in the public right-of-way.

The proposed sign is not located in the public right-of-way.

2. No off-premise sign certificate of any kind shall be issued for an existing or


proposed sign unless the sign is consistent with all requirements of this Title
(including those protecting existing signs).

The proposed sign meets all minimum requirements for an Off-Premise Sign.

FS
GPA-71428, ZON-71429 and SUP-71431 [PRJ-71426]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

3. Except as provided in Paragraph (12) below, off premise signs are permitted in
the C-1, C-2, C-M and M Zoning Districts only.

With the approval of the proposed rezoning to the C-1 (Limited Commercial)
district, the Off-Premise Sign is permitted with approval of a Special Use
Permit.

4. No off-premise sign shall have a surface area greater than 672 square feet,
except that an embellishment of not to exceed five feet above the regular
rectangular surface of the sign may be added if the additional area contains no
more than 128 square feet. Any embellishment may include lettering, text,
numerals or images, but only to the extent that such items do not exceed fifty
percent of any linear side of the sign.

The proposed sign is 672 square feet, with no additional embellishment.

5. Off-premise signs which are within 660 feet of the right-of-way and which can
be read from Interstate 15, US 95 from the north city limits to the Oran K.
Gragson Highway, the Oran K. Gragson Highway or Interstate 515 shall be no
closer than 750 feet (measured along the highway frontage) to any other off-
premise sign along the same frontage. Each side of the highway shall be
considered a separate frontage. The sign and all other off-premise signs not
oriented toward the same highway shall be no closer than 300 feet in any
direction to any other off premise sign, wherever located, including an off
premise sign that is situated outside the corporate boundaries of the City.

The proposed sign is located within 660 feet of Interstate 15, US 95 or


Interstate 515. The closest Off-Premise Sign is more than 2,000 feet to the
north of the proposed sign. The proposed sign meets all distance separation
criteria.

6. An off-premise sign within 150 feet of the right-of-way line of an elevated


freeway or highway to which it is oriented may be erected 30 feet above
the elevation of the elevated roadway surface nearest the sign.

The proposed sign is adjacent to the newly constructed Martin L. King


overpass, which is within the existing I-15 right-of-way. The portion of elevated
roadway that is nearest to the sign is 26 feet tall, which allows for a sign 56 feet
in height. The proposed sign complies with this requirement.

7. Off-premise signs shall not be located closer than 10 feet to the right-of-way line
of a freeway nor closer than 50 feet to the intersection of the present or future
rights-of-way of any two public roads, streets or highways.

FS
GPA-71428, ZON-71429 and SUP-71431 [PRJ-71426]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

The proposed sign will be located at least 10 feet to the right-of-way line of a
freeway nor closer than 50 feet to the intersection. As the Martin L. King
overpass does not intersect Charleston at grade, the intersection condition is
met.

8. No off-premise sign shall be erected or maintained within 660 feet of the


nearest travel lanes of the Summerlin Parkway from Station 499 + 78 to Station
601 + 30.

The proposed sign is more than 660 feet from the nearest travel lane of
Summerlin Parkway.

9. No off-premise sign shall be allowed within 300 feet from the nearest property
line of a lot in the U zoning district or any R zoning district.

The nearest R zoned property is located 600 feet to the south of the proposed
Off-Premise Sign. There are no properties with a U zoning district in the
vicinity of the proposed sign.

The applicant is applying for a Special Use Permit to install a 56-foot tall Off-Premise
Sign at 1515 Charleston Boulevard. While 40 feet is typically the maximum height for
such signs, the subject parcel is adjacent to 26-foot tall elevated portion of Martin L.
King Boulevard. Title 19 states that signs adjacent to an elevated roadway may
increase sign height to 30 feet over the elevated roadway which would permit a sign
height of 56 feet.

The proposed Off-Premise Sign adheres to all minimum code requirements; however,
the proposed sign is located at a prominent downtown intersection that serves as a
gateway between the Las Vegas Medical District and the Downtown Core. This high
profile intersection is not an appropriate location for the installation of a billboard sign.
In addition, there is an existing residential neighborhood located to the south subject
site, and the proposal to install an LED Off-Premise Sign in close proximity to these low
density residential neighborhoods fails to comply with Objective 2.4 of the Las Vegas
2020 Master Plan, which is to ensure that the quality of existing residential
neighborhoods is maintained and enhanced.

The proposal will add visual clutter to an important gateway between the Medical
District and Downtown Las Vegas, and will infringe on the quality of the existing
residential development to the south. The proposed sign is not compatible or
appropriate for this location, and staff recommends denial of the request.

FS
GPA-71428, ZON-71429 and SUP-71431 [PRJ-71426]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

FINDINGS (GPA-71428)

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

1. The density and intensity of the proposed General Plan Amendment is


compatible with the existing adjacent land use designations,

The requested General Plan Amendment to the SC (Service Commercial)


designation is not compatible with the adjacent O (Office) and L (Low Density
Residential) designations.

2. The zoning designations allowed by the proposed amendment will be


compatible with the existing adjacent land uses or zoning districts,

The commercial zoning districts allowed by the SC (Service Commercial)


designation are not compatible with the adjacent low intensity office and single-
family residential uses.

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


accommodate the uses and densities permitted by the proposed General
Plan Amendment; and

There are adequate facilities to accommodate the land uses permitted by the
proposed General Plan Amendment to the SC (Service Commercial)
designation.

4. The proposed amendment conforms to other applicable adopted plans and


policies.

The requested General Plan Amendment to SC (Service Commercial) designation


is not consistent with the intent of the Charleston/Rancho Land Use Study and the
Neighborhood Revitalization area of the Las Vegas 2020 Master Plan.

FINDINGS (ZON-71429)

In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning


Commission or City Council must affirm the following:

1. The proposal conforms to the General Plan.

FS
GPA-71428, ZON-71429 and SUP-71431 [PRJ-71426]
Staff Report Page Six
October 10, 2017 - Planning Commission Meeting

With approval of the related General Plan Amendment (GPA-71428) to the SC


(Service Commercial) land use designation, the site will conform to the General
Plan.

2. The uses which would be allowed on the subject property by approving the
rezoning will be compatible with the surrounding land uses and zoning
districts.

The uses allowed by the C-1 (Limited Commercial) zoning district are too intense
and are not compatible with the adjacent low intensity office and single-family
residential uses.

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

The proposed rezoning contradicts the intent of the Charleston/Rancho Land Use
Study and is not appropriate for the area.

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


adequate in size to meet the requirements of the proposed zoning district.

The site receives access from Charleston Boulevard which is adequate in size to
meet the requirements of the proposed zoning district.

FINDINGS (SUP-71431)

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

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


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

The proposed Off-premise Sign will add visual clutter to an important gateway
between the Medical District and Downtown Las Vegas, and will infringe on the
existing residential development to the south. The proposed sign is not
compatible or appropriate with existing and future land uses as identified by the
2020 and the 2045 Downtown Master Plan.

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

FS
GPA-71428, ZON-71429 and SUP-71431 [PRJ-71426]
Staff Report Page Seven
October 10, 2017 - Planning Commission Meeting

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

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


adequate in size to meet the requirements of the proposed use.

The proposed Off-Premise sign will not generate any additional site traffic.

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 sign will be required to be reviewed for building code compliance
and therefore will not compromise the public health, safety, and welfare or the
overall objectives of the General Plan.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed sign meets all of the applicable conditions per Title 19.12.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc


The Board of Zoning Adjustment approved (final action) a request for a
10/24/91 Special Use Permit (U-0261-91) for a child care facility at 1608 Ellis
Avenue
The Board of Zoning Adjustment approved (Final action) a request for
05/24/94 a Special Use Permit (U-0108-94) for the expansion of church facilities
for a school (grades K through 6).
The Planning Commission approved a request by the applicant to
withdraw without prejudice a request for a General Plan Amendment
(GPA-13372) to amend a portion of the Southeast sector of the
10/19/06 General Plan from O (Office) to SC (Service Commercial), a Rezoning
(ZON-13491) from R-E (Residence Estates) to C-1 (Limited
Commercial) and two Special Use Permits (SUP-13394 and SUP-
13395) for an Off-Premise Sign. Staff had recommended denial.
The City Council approved a Rezoning (ZON-32740) from R-E
04/15/09 (Residence Estates) to O (Office) on a portion of the subject site. Staff
and the Planning Commission had recommended approval.

FS
GPA-71428, ZON-71429 and SUP-71431 [PRJ-71426]
Staff Report Page Eight
October 10, 2017 - Planning Commission Meeting

Most Recent Change of Ownership


05/23/88 A deed was recorded for a change in ownership.

Pre-Application Meeting
A pre-application meeting was held and general submittal
8/15/17
requirements were discussed.

Neighborhood Meeting
A neighborhood meeting was held by the applicant at 5:30 PM at the
Grace Presbyterian Church. There were five members of the
development team, five staff members, and 36 members of the public
in attendance. The concerns raised included the following:

An LED billboard is not appropriate for the area


The proposed C-1 zoning would remove the buffer from the
08/27/17 neighborhood and more intense commercial uses.
It was acknowledged that there was previous denial for a
billboard at this location.
The parking lot is currently used as a cut-through to the
residential neighborhood.
Residents requested that access to Ellis Road be blocked off.

Field Check
A field check was conducted and the site is developed with an
08/31/17
operating Church and associated parking areas.

Details of Application Request


Site Area
Net Acres 4.55

FS
GPA-71428, ZON-71429 and SUP-71431 [PRJ-71426]
Staff Report Page Nine
October 10, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
C-1 (Limited
Subject Church/House of
O (Office) Commercial) and O
Property Worship
(Office)
College,
LVMD (Las Vegas PD (Planned
North University,
Medical District) Development)
Seminary
Single Family L (Low Density R-1 (Single Family
South
Residential Residential) Residential)
East I-15 ROW N/A N/A
C-1 (Limited
West Medical Office O (Office)
Commercial

Master and Neighborhood Plan Areas Compliance


Rancho Charleston Corridor Study Area N
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Pursuant to note the applicable code section here (19.06, 19.08, etc.), the
following standards apply:
Standard Required/Allowed Provided Compliance
Min. Lot Width 100 Feet 160 Feet Y
Min. Setbacks
Front 10 Feet 25 Feet Y
Side 10 Feet 10 Feet Y
Corner 10 Feet 10 Feet Y
Rear 20 Feet 40 Feet Y
Max. Building Height N/A 40 Feet Y

FS
GPA-71428, ZON-71429 and SUP-71431 [PRJ-71426]
Staff Report Page Ten
October 10, 2017 - Planning Commission Meeting

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Planned Streets and
Charleston
Primary Arterial Highways Map 100 Y
Boulevard

Standards Code Requirements Provided Compliance


Location No Off-Premise Sign may The sign is not in public
be located within public right-of-way, nor is it in
Y
right-of-way the Off-Premise
Exclusionary Sign Zone.
Zoning Off-Premise Signs are The proposed zoning for
permitted in C-1. C-2, C-M, this site is C-1. Y
and M zoning districts only
Area No Off-Premise Sign shall The sign surface area is
have a surface area 672 square feet and the
greater than 672 square elevations do not indicate
feet, except that an any added
embellishment of not to embellishments.
exceed five feet above the Y
regular rectangular surface
of the sign may be added if
the additional area
contains no more than 128
square feet.
Height An off-premise sign within The subject site is
150 feet of the right-of-way adjacent to an elevated
line of an elevated freeway freeway frontage road
or highway to which it is (MLK), which is 26 feet
oriented may be erected 30 tall. This permits an Y
feet above the elevation of overall sign height of 56
the feet.
elevated roadway surface
nearest the sign.
Screening All structural elements of All structural elements of
an Off-Premise Sign to the sign are screened
which the display panels from public view. Y
are attached shall be
screened from view.

FS
GPA-71428, ZON-71429 and SUP-71431 [PRJ-71426]
Staff Report Page Eleven
October 10, 2017 - Planning Commission Meeting

Standards Code Requirements Provided Compliance


Distance At least 750 feet to another The sign is approximately
Separation Off-Premise Sign along 2,000 feet from another
US-95 or at least 300 feet Off-Premise Sign on the Y
to another Off-premise same street frontage.
Sign (if not along US-95)
Protected At least 300 feet to the The sign is approximately
Uses nearest property line of a 600 feet from a property
Y
lot in any R or U zoned line zoned either R or
districts. U.
Other All Off-Premise Signs shall Sign is permanently
be detached and attached to the ground
permanently secured to the and is located on a site
Y
ground and shall not be used for commercial
located on property used purposes only.
for residential purposes.

FS
GPA-71428



GPA-71428



GPA-71428

GOLDRING AVE

DESERT LN
WILLOW ST

MXU

RA L PKWY
LVMD ROW

S GRAND CENT
W CHARLESTON BLVD
SHADOW LN

SC

SUBJECT
PROPERTY O
VD

ELLIS AVE
CHARMA ST LN

BL

WESTERN AVE
ING
LK

WA
LL S
T
TIN

L
AR

DR
SM
ORMSBY ST

WALDMAN AVE
RR
UP


WESTWOOD DR

R
IAL

PF C LI/R
TR
US

FROM O TO SC
General Plan Amendment
RNP - Rural Neighborhood MLA - Medium - Low Attached GTC - Tourist Commercial PF-CC Public Facility 1000' Buffer
Preservation Clark County
LVMD - Las Vegas Medical
M - Medium
RE - Rural Estates District TC - Town Center City Limits
H - High LI/R - Light Industrial / Research
DR - Desert Rural RC - Resource Conservation
PCD - Planned Community Not City GIS maps are normally produced
R - Rural O - Office C - Downtown - Commercial only to meet the needs of the City.
Development
Due to c ontinuous dev elopment activity
SC - Service Commercial PR-OS - Park/Recreation/ Subject Property this map is for reference only .
L - Low MXU - Downtown - Mixed Use Geographic Information System
Open Space Planning & Development Dept.
ML - Medium - Low GC - General Commercial TND - Tradional Neighborhood 702-229-6301
PF - Public Facility
Development Date: Tuesday, September 05, 2017

GPA-71428, ZON-71429 and SUP-71431



GPA-71428, ZON-71429 and SUP-71431



GPA-71428, ZON-71429 and SUP-71421 - REVISED


GPA-71428 [PRJ-71426] - GENERAL PLAN AMENDMENT RELATED TO ZON-71429 AND SUP-71431 -
APPLICANT/OWNER: FIRST PRESBYTERIAN CHURCH LV NV
SOUTHWEST CORNER OF MARTIN L. KING BOULEVARD AND CHARLESTON BOULEVARD
08/31/2017
GPA-71428 [PRJ-71426] - GENERAL PLAN AMENDMENT RELATED TO ZON-71429 AND SUP-71431 -
APPLICANT/OWNER: FIRST PRESBYTERIAN CHURCH LV NV
SOUTHWEST CORNER OF MARTIN L. KING BOULEVARD AND CHARLESTON BOULEVARD
08/31/2017
GPA-71428 [PRJ-71426] - GENERAL PLAN AMENDMENT RELATED TO ZON-71429 AND SUP-71431 -
APPLICANT/OWNER: FIRST PRESBYTERIAN CHURCH LV NV
SOUTHWEST CORNER OF MARTIN L. KING BOULEVARD AND CHARLESTON BOULEVARD
08/31/2017
GPA-71428 [PRJ-71426] - GENERAL PLAN AMENDMENT RELATED TO ZON-71429 AND SUP-71431 -
APPLICANT/OWNER: FIRST PRESBYTERIAN CHURCH LV NV
SOUTHWEST CORNER OF MARTIN L. KING BOULEVARD AND CHARLESTON BOULEVARD
08/31/2017

GPA-71428, ZON-71429 and SUP-71431



GPA-71428, ZON-71429 and SUP-71431 - REVISED


Agenda Item No.: 50.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ZON-71429 - REZONING RELATED TO GPA-71428 - PUBLIC HEARING -
APPLICANT/OWNER: FIRST PRESBYTERIAN CHURCH - For possible action on a request
for a Rezoning FROM: O (OFFICE) TO: C-1 (LIMITED COMMERCIAL) on 3.62 acres at the
southwest corner of Martin L. King Boulevard and Charleston Boulevard (APNs Multiple),
Ward 1 (Tarkanian) [PRJ-71426]. Staff recommends DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps - ZON-71429 and SUP-71431 [PRJ-71426]
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-71429



ZON-71429


ZON-71429

GOLDRING AVE

DESERT LN
WILLOW ST

S MARTIN L KING BLVD

RA L PKWY
PD

S GRAND CENT
W CHARLESTON BLVD
SHADOW LN

SUBJECT C-1

PROPERTY
P-R
O
VD

ELLIS AVE
CHARMA ST LN

BL

WESTERN AVE
ING
LK

WA
LL S
T
TIN
AR

R-1
SM
ORMSBY ST

WALDMAN AVE
RR
UP


WESTWOOD DR

R-E
M
R

C-V
IAL
TR
US

Zoning
U - (GPA Designation) R-2 - Medium-Low
FROM O TO C-1
P-O - Professional Office C-M - Commercial/Industrial
Undeveloped Density Residential
R-3 - Medium Density N-S - Neighborhood Service M - Industrial
R-A - Ranch Acres
Residential 1000' Buffer
O - Office C-V - Civic
R-E - Residential Estates R-4 - High Density
Residential City Limits
R-D - Single-Family C-D - Designed Commercial P-C - Planned Community
Residential-Restricted R-5 - Apartment
R-PD - Residential C-1 - Limited Commercial T-D - Traditional Development Not City
R-MH - Mobile/Manufactured GIS maps are normally produced
Planned Development Home Residence
only to meet the needs of the City.
C-2 - General Commercial PD - Planned Development Subject Property Due to c ontinuous dev elopment activity
R-1 - Single Family this map is for reference only .
R-MHP - Residential Mobile/ C-PB - Planned Business Geographic Information System
Residential T-C - Town Center
Manufactured Home Park Park
Planning & Development Dept.
R-CL - Single-Family 702-229-6301

Compact-Lot P-R - Professional Offices


and Parking Date: Tuesday, September 05, 2017
Agenda Item No.: 51.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71431 - SPECIAL USE PERMIT RELATED TO GPA-71428 AND ZON-71429- PUBLIC
HEARING - APPLICANT/OWNER: FIRST PRESBYTERIAN CHURCH - For possible action
on a request for a Special Use Permit FOR A 56-FOOT TALL, 14-FOOT BY 48-FOOT, 672
SQUARE-FOOT OFF-PREMISE SIGN USE at 1515 West Charleston Boulevard (APN 162-04-
510-004), O (Office) Zone [PROPOSED: C-1 (Limited Commercial)], Ward 1 (Tarkanian) [PRJ-
71426]. Staff recommends DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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-71431



SUP-71431


Agenda Item No.: 52.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
GPA-71525 - GENERAL PLAN AMENDMENT - PUBLIC HEARING -
APPLICANT/OWNER: MATLOCK HOLDINGS IV, LLC - For possible action on a request for
a General Plan Amendment FROM: R (RURAL DENSITY RESIDENTIAL) TO: ML
(MEDIUM LOW DENSITY RESIDENTIAL) on 2.49 acres at 5097 Roberta Lane (APN 138-
13-801-002), Ward 5 (Barlow) [PRJ-71479]. Staff recommends DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - GPA-71525, ZON-71527, VAR-71607 and TMP-71528 [PRJ-
71479]
3. Supporting Documentation - GPA-71525, ZON-71527, VAR-71607 and TMP-71528 [PRJ-
71479]
4. Photo(s) - GPA-71525, ZON-71527, VAR-71607 and TMP-71528 [PRJ-71479]
5. Justification Letter - GPA-71525, ZON-71527, VAR-71607 and TMP-71528 [PRJ-71479]
6. Comments from Clark County Department of Aviation - GPA-71525, ZON-71527 and TMP-
71528 [PRJ-71479]
7. Comments from Clark County School District - GPA-71525, ZON-71527 and TMP-71528
[PRJ-71479]
GPA-71525, ZON-71527, VAR-71607 and TMP-71528 [PRJ-71479]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: MATLOCK HOLDINGS IV, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
GPA-71525 Staff recommends DENIAL.
ZON-71527 Staff recommends DENIAL. GPA-71525

VAR-71607 Staff recommends DENIAL, if approved subject to GPA-71525


conditions: ZON-71527

TMP-71528 Staff recommends DENIAL, if approved subject to GPA-71525


conditions: ZON-71527
VAR-71607

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 11

NOTICES MAILED 353 - GPA-71525 and ZON-71527


353 - VAR-71607 and TMP-71528

PROTESTS 0 - GPA-71525 and ZON-71527


0 - VAR-71607 and TMP-71528

APPROVALS 0 - GPA-71525 and ZON-71527


0 - VAR-71607 and TMP-71528

FS
GPA-71525, ZON-71527, VAR-71607 and TMP-71528 [PRJ-71479]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71607 CONDITIONS

Planning

1. Approval of a General Plan Amendment (GPA-71525) and Rezoning (ZON-71527).

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

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

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

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

Public Works

6. The interior public street identified as Avenue B on TMP-71528 shall be permitted


to terminate in a dead-end stub instead of a circular cul-de-sac.

TMP-71528 CONDITIONS

Planning

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

2. Approval of a General Plan Amendment (GPA-71525) and Rezoning (ZON-71527)


and approval of and conformance to the Conditions of Approval for Variance (VAR-
71607).

FS
GPA-71525, ZON-71527, VAR-71607 and TMP-71528 [PRJ-71479]
Conditions Page Two
October 10, 2017 - Planning Commission Meeting

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

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

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


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

6. Applicant is required to file a valid FAA Form 7460-1, "Notice of Proposed


Construction or Alteration" with the FAA, in accordance with 14 CFR Part 77, or
submit to the Clark County Director of Aviation a Property Owners Shielding
Determination Statement and request written concurrence from the Clark County
Department of Aviation.

7. No Building Permit or other construction permit shall be issued for any structure
greater than 35 feet above the surface of land that, based upon the FAAs 7460
airspace determination (the outcome of filing the FAA Form 7460-1), would (a)
constitute a hazard to air navigation, (b) would result in an increase to minimum
flight altitudes during any phase of flight (unless approved by the Department of
Aviation), or (c) would otherwise be determined to pose a significant adverse
impact on airport or aircraft operations.

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October 10, 2017 - Planning Commission Meeting

Public Works

8. Dedicate 30 feet of right-of-way adjacent to this site for Roberta Lane and dedicate
a 15-foot radius on the southeast corner of Roberta Lane and Apricot Lane. The
proposed termination of Avenue B shall be replaced with a knuckle or a circular
cul-de-sac meeting current City standards unless VAR-71607 is approved.

9. Construct half-street improvements including appropriate over paving on Roberta


Lane and Apricot Lane adjacent to this site concurrent with development of this
site. Extend all required underground utilities, such as electrical, telephone, etc.,
located within public rights-of-way, past the boundaries of this site prior to
construction of hard surfacing (asphalt or concrete).

10. A minimum of two lanes of asphalt pavement on the major access street (Roberta
Lane) adjacent to this site, and a working sanitary sewer connection shall be in
place prior to final inspection of any units within this development. All off-site
improvements adjacent to this site, including all required landscaped areas
between the perimeter walls and adjacent public streets, shall be constructed and
accepted prior to issuance of building permits beyond 75%. The above thresholds
notwithstanding, all required improvements shall be constructed within 24 months
of approval of construction drawings. No partial bond releases will be allowed until
all perimeter roadway improvements are in place.

11. Extend public sewer in Apricot Lane from Roberta Lane to the southern edge of
this site at a size, depth and location acceptable to the Collection System Planning
section of the Department of Public Works.

12. 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.

13. 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, if allowed by the City Engineer.

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October 10, 2017 - Planning Commission Meeting

14. The approval of all Public Works related improvements shown on this Site
Development Plan Review is in concept only. Specific design and construction
details relating to size, type and/or alignment of public improvements, including but
not limited to street, sewer and drainage improvements, shall be resolved prior to
submittal of a construction drawings. We note that the plan view shows a
conventional 60-foot street while the cross section depicts a narrow 60-foot street.
Due to existing improvements and the availability of existing rights-of-way, the
conventional 60-foot street must be used for this site.

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October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The request is for a 19-lot single-family residential subdivision on approximately 2.49


acres located at 5097 Roberta Lane.

ISSUES

The applicant has proposed to amend the General Plan land use designation of the
property from R (Rural Density Residential) to ML (Medium-Low Density
Residential). Staff does not support this request.
The applicant has proposed to rezone the property from U (Undeveloped) [R (Rural
Density Residential)] to R-CL (Residential Compact-Lot). Staff does not support this
request.
A Variance has been requested to allow an interior street to terminate in a dead-end
stub instead of a circular cul-de-sac. Staff does not support this request.
A 19-lot Tentative Map request has been proposed for the subject site. Staff does
not support this request.

ANALYSIS

The applicant is proposing a 19-lot single-family residential development on


approximately 2.49 acres located at 5097 Roberta Lane. Adjacent land uses include
rural density single family residential to the south, east and west of the subject property
within Clark County. Across Roberta Lane to the north is a low density single family
residential subdivision within the City of Las Vegas.

The subject site is located within the Southwest Sector of the 2020 Master plan with an
R (Rural Density Residential) land use designation, which allows for a semi-rural
environment with a maximum density of 3.59 units per acre. The proposed ML (Medium
Low Density Residential) designation is intended to allow single-family detached homes,
including compact lots and zero lot lines, mobile home parks and two-family dwellings
with a maximum density of 8.49 units per acre.

The subject site is currently zoned U (Undeveloped), which is an interim zoning district
that can either be utilized as a holdover zoning district, or developed with single-family
residential with a minimum lot size of 20,000 square feet. The request is to rezone the

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October 10, 2017 - Planning Commission Meeting

property to R-CL (Residential Compact-Lot), which is intended to provide for single-


family units and other customary residential uses with a minimum lot size of 3,000
square feet. The R-CL District is consistent with the proposed ML (Medium Low Density
Residential) category of the General Plan.

The submitted plan depicts 19 lots with a minimum lot size of 3,712, and a maximum lot
size of 4,095 square feet, which results in an overall density of 7.63 units per acre. The
subdivision receives access from both Apricot and Roberta Lanes. The residential units
facing west along Roberta Lane will have direct driveway access to the street. The
subdivision is served by internal 47-foot wide public streets, which include sidewalks
and one tree per lot as required for narrow lot residential streets. The site has a
connectively ratio of 1.50 were 1.30 is the minimum required, and the plans indicate
perimeter, interior, and retaining wall heights within the maximums allowed by Title 19.

This project will add approximately 181 trips per day on Roberta Lane, Apricot Lane,
Decatur Boulevard, and Smoke Ranch Road. Currently, Decatur Boulevard is at about
59 percent of capacity and Smoke Ranch is at about 39 percent of capacity. With this
project, these capacities are expected to remain unchanged. Counts are not available
for Roberta Lane or Apricot Lane in this area, but they are believed to be under
capacity. Based on Peak Hour use, this development will add into the area roughly 19
additional cars, or about one every three minutes.

The internal street identified as Avenue B terminates in a dead-end stub instead of a


circular cul-de-sac as required by Title 19.04. The proposed public street does not meet
the minimum Title 19 requirements, and a companion Variance has been requested to
provide relief from this requirement.

Apricot and Roberta Lanes are both 60-foot wide minor collector streets, which exempts
the site from the standard residential perimeter landscaping requirements. The plan
indicates a six-foot perimeter buffer area located along the entirety of the north property
line, and along a portion of the west property line, which exceeds the minimum required
for the site. The perimeter landscape areas are planted with palm trees, and no height
was specified on the plan. All perimeter landscaping is within one of the three common
lots on the site. Interior to the site, 24-inch box African Sumac shade trees have been
included at a ratio of one tree per lot as required by Title 19.04.

The existing land use designations and zoning districts in the immediate area are
predominantly intended for either rural or low density residential. An amendment of the
land use plan to the ML (Medium Low Density Residential) designation would allow for a
higher density that is not compatible with the existing rural and low density residential
development nature of the area. The allowable lot sizes permitted by the R-CL

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October 10, 2017 - Planning Commission Meeting

(Residential Compact Lot) will not be consistent or compatible with the surrounding
development. In addition, a Variance is required as the site is designed with a dead-
end stub instead of a circular cul-de-sac as required by Title 19.04. Staff recommends
denial of all requests.

CLARK COUNTY DEPARTMENT OF AVIATION

Comments received from the Clark County Department of Aviation included the
following:

Federal Aviation Regulations (Title 14, Part 77) require that the Federal Aviation
Administration (FAA) be notified before the construction or alteration of any
building or structure greater than 200 feet in height ( 77.13(a)(1)) or that will
exceed a slope of 100:1 for a distance of 20,000 feet from the nearest point of
any airport runway greater than 3,200 feet in length ( 77.13 (a)(2)(i)). Such
notification allows the FAA to determine what impact, if any, the proposed
development will have upon navigable airspace, and allows the FAA to determine
whether the development requires obstruction marking or lighting.

The proposed development will exceed the 100:1 notice requirement for the
North Las Vegas Airport (VGT). Therefore, as required by 14 CFR Part 77, the
FAA must be notified of the proposed construction or alteration.

The applicant is required to file a valid FAA Form 7460-1, "Notice of Proposed
Construction or Alteration" with the FAA, in accordance with 14 CFR Part 77, or
submit to the Clark County Director of Aviation a Property Owners Shielding
Determination Statement and request written concurrence from the Clark County
Department of Aviation.

No Building Permit or other construction permit shall be issued for any structure
greater than 35 feet above the surface of land that, based upon the FAAs 7460
airspace determination (the outcome of filing the FAA Form 7460-1), would (a)
constitute a hazard to air navigation, (b) would result in an increase to minimum
flight altitudes during any phase of flight (unless approved by the Department of
Aviation), or (c) would otherwise be determined to pose a significant adverse
impact on airport or aircraft operations.

The applicant is advised that FAAs airspace determinations are dependent on


petitions by any interested party and the height that will not present a hazard as
determined by the FAA may change based on these comments.

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The applicant is advised that the FAAs airspace determinations include


expiration dates and that the separate airspace determinations will be needed for
construction cranes or other temporary equipment.

The applicant is advised that issuing a stand-alone noise disclosure statement to


the purchaser or renter of each unit in the proposed development and to forward
the completed and recorded noise disclosure statements to the Department of
Aviation's Noise Office is strongly encouraged. Additionally, the Federal Aviation
Administration will no longer approve remedial noise mitigation measures for
incompatible development impacted by aircraft operations which was constructed
after October 1, 1998, and funds will not be available in the future should the
residents wish to have their buildings purchased or soundproofed.

Conditions of approval have been added to ensure compliance with the requirements
identified by the Clark County Department of Aviation.

FINDINGS (GPA-71525)

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

1. The density and intensity of the proposed General Plan Amendment is


compatible with the existing adjacent land use designations,

The proposed densities and intensity allowed by the proposed General Plan
Amendment to the ML (Medium Low Density Residential) designation is not
consistent or compatible with the rural and low density designations in the
surrounding area.

2. The zoning designations allowed by the proposed amendment will be


compatible with the existing adjacent land uses or zoning districts,

The zoning districts allowed by the proposed amendment allow for residential
products and lot sizes that are not consistent with the larger lot rural and low
density single-family residential zoning districts in the surrounding area.

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


accommodate the uses and densities permitted by the proposed General
Plan Amendment; and

There are adequate facilities to accommodate the uses and densities permitted by
the proposed amendment.

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October 10, 2017 - Planning Commission Meeting

4. The proposed amendment conforms to other applicable adopted plans and


policies.

The proposed amendment conforms to other applicable adopted plans and


policies.

FINDINGS (ZON-71527)

In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning


Commission or City Council must affirm the following:

1. The proposal conforms to the General Plan.

With the approval of the related amendment to the ML (Medium Low Density
Residential), the proposed rezoning will conform to the General Plan

2. The uses which would be allowed on the subject property by approving the
rezoning will be compatible with the surrounding land uses and zoning
districts.

The rezoning will allow for residential products and densities that are not
compatible with the larger lot rural and low density residential uses and zoning
districts adjacent to the subject site.

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

There are no development factors in the immediate vicinity of the subject site that
indicates a need for a rezoning to the R-CL (Residential Compact Lot) district.
Moreover, the rezoning would allow for lot sizes and residential products that are
not compatible with the rural and low density nature of the area.

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


adequate in size to meet the requirements of the proposed zoning district.

The site will receive access from Roberta and Apricot Lane, both 60-foot
secondary collectors. The street facilities are adequate in size to meet the
requirements of the proposed zoning district.

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October 10, 2017 - Planning Commission Meeting

FINDINGS (VAR-71537)

In accordance with the provisions of Title 19.16.140(B), Planning Commission and City
Council, in considering the merits of a Variance request, shall not grant a Variance in
order to:

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by designing the residential development
with an interior street that terminates in a dead-end stub instead of a circular cul-de-sac.
Alternative site design would allow conformance to the Title 19 requirements. In view of
the absence of any hardships imposed by the sites physical characteristics, it is
concluded that the applicants hardship is preferential in nature, and it is thereby outside
the realm of NRS Chapter 278 for granting of Variances.

BACKGROUND INFORMATION

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


The City Council approved a request for a Petition of Annexation
(ANX-10579) of property located at the southeast corner of Roberta
04/05/06 Lane and Apricot Lane, containing approximately 2.5 acres. The
Planning Commission and Staff recommended approval of the
request.

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October 10, 2017 - Planning Commission Meeting

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


The Planning Commission withdrew without prejudice a request for a
Site Development Plan Review (SDR-16849) for a proposed 11,590
square-foot Church/House of Worship and a Waiver of the perimeter
landscape buffering standard for 4.5 feet along the southern perimeter
where six feet is required located on the south side of Roberta Drive,
approximately 1280 feet west of Decatur Boulevard. Staff
12/07/06
recommended approval of the request.
The Planning Commission withdrew without prejudice a request for a
Special Use Permit (SUP-16850) for a proposed Church/House of
Worship located on the south side of Roberta Drive, approximately
1280 feet west of Decatur Boulevard. Staff recommended approval of
the request.
The Planning Commission tabled a request for a General Plan
Amendment (GPA-22587) from R (Rural Density Residential) to ML
(Medium Low Density Residential) on 2.49 acres at the southeast
corner of Roberta Lane and Apricot Lane. Note: This application has
been amended to the L (Low Density Residential) general plan
designation. Staff recommended denial of the request.
The Planning Commission tabled a request for a Rezoning (ZON-
23373) from U (Undeveloped) [R (Rural Density Residential) General
Plan Designation] to R-PD4 (Residential Planned Development - 4
Units per Acre) on 2.49 acres at the southeast corner of Roberta Lane
02/14/08
and Apricot Lane. Staff recommended denial of the request.
The Planning Commission tabled a request for a Variance (VAR-
23661) to allow an R-PD development to be 2.49 acres where five
acres is the minimum required on 2.49 acres at the southeast corner of
Roberta Lane and Apricot Lane. Staff recommended denial of the
request.
The Planning Commission tabled a request for a Site Development
Plan Review (SDR-23377) for a proposed 11-lot single-family
residential development at the southeast corner of Roberta Lane and
Apricot Lane. Staff recommended denial of the request.
The Applicant withdrew a request for a General Plan Amendment
(GPA-68781) from R (Rural Density Residential) to M (Medium Density
Residential). Staff had recommended denial of the application.
The Applicant withdrew a request for a Rezoning (ZON-68782) from U
06/13/17 (Undeveloped) [Rural Density Residential)] to R-3 (Medium Density
Residential). Staff had recommended denial of the application.
The Applicant withdrew a request for a Variance (VAR-78783) to allow
a six-foot tall wall in the front yard area where five feet was the
maximum allowed. Staff had recommended denial of the application.

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October 10, 2017 - Planning Commission Meeting

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


The Applicant withdrew a request for a Site Development Plan Review
(SDR-68576) for a 40-unit multi-family development. Staff had
recommended denial of the application.

Most Recent Change of Ownership


05/13/16 A deed was recorded for a change in ownership.

Pre-Application Meeting
A pre-application meeting was held and general application submittal
08/21/17
requirements were discussed.

Neighborhood Meeting
A neighborhood meeting was held at Doris Reed Elementary School at
5:30 PM. There were four representatives from the applicant, 26
members of the public, and one staff member in attendance. The
following issues were discussed:

1. Concerns were raised about an increase in the volume of daily


traffic in the area.
2. Concerns were raised about a possible increase in crime
associated with the increase in density.
3. Concerns were raised regarding the proposed density of the
development and that the site should comply with the existing
density maximum of 3.49 units per acre.
09/21/17
4. Residents stated that the proposed development is not
appropriate for this location.
5. Concerns were raised about changing the rural characteristics
of the neighborhood.
6. Concerns were raised about this development lowering the
property values of the homes in the area.
7. A realtor, who was not an area resident, discussed the need for
additional affordable housing in Las Vegas and supported the
project.
8. One resident stated that the development could increase
property values and was in support of the project.

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October 10, 2017 - Planning Commission Meeting

Field Check
Staff conducted a routine site visit and found the subject site to be a
08/31/17
well maintained undeveloped parcel of land free from trash and debris.

Details of Application Request


Site Area
Gross Acres 2.49

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
U(R) Undeveloped [R
Subject R (Rural Density
Undeveloped (Rural Density
Property Residential)
Residential)]
R-PD6 (Residential
Single-Family R (Rural Density
North Planned Development
Residential Residential)
6 units per acre)
RN (Rural
Neighborhood) R-E (Rural Estates
Single-Family
South Clark County Lone Residential) Clark
Residential
Mountain Land Use County
2 units per acre
RN (Rural
Neighborhood) R-E (Rural Estates
Single-Family
East Clark County Lone Residential) Clark
Residential
Mountain Land Use County
2 units per acre
Single-Family RN (Rural
Residential Neighborhood) R-E (Rural Estates
West Clark County Lone Residential) Clark
Undeveloped Mountain Land Use County
2 units per acre

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Purpose and Overlay Districts Compliance
A-O (Airport Overlay) District (35 Feet) Y

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October 10, 2017 - Planning Commission Meeting

Other Plans or Special Requirements Compliance


Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Pursuant to 19.06.110, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size 3,000 SF 3,712 SF Y
Min. Setbacks
Front (garage) 18 Feet 18 Feet Y
Side (combined) 10 Feet 10 Feet Y
Corner 10 Feet 10 Feet Y
Rear 10 Feet 15 Feet Y
2 Stories/
Max. Building Height 2 Stories/ 35 Feet 26 Feet Y

Existing Zoning Permitted Density Units Allowed


U (Undeveloped ) 3.59 DUA* 8
Proposed Zoning Permitted Density Units Allowed
R-CL (Residential Compact
8.49 DUA* 21
Lot)
General Plan Permitted Density Units Allowed
R (Rural Density
Up to 3.59 DUA 8
Residential)
Proposed General Plan Permitted Density Units Allowed
ML (Medium Low Density) Up to 8.49 DUA 21
* Maximum dwelling units per acre (DUA) is determined by the underlying General Plan
Designation and may not exceed the density permitted under said designation. The
applicant has proposed a to amend the General Plan Designation from R (Rural Density
Residential) to ML (Medium Low Density), which allows up to 8.49 DUA.

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October 10, 2017 - Planning Commission Meeting

Pursuant to note the applicable code section here Title 19.06 the following
standards apply:
Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees
Buffer Trees:
North N/A 0 Trees 21 Trees Y
South N/A 0 Trees 0 Trees Y
East N/A 0 Trees 0 Trees Y
West N/A 0 Trees 9 Trees Y
TOTAL PERIMETER TREES 0 Trees 30 Trees Y
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North N/A 6 Feet Y
South N/A 0 Feet Y
East N/A 0 Feet Y
West N/A 0 Feet Y
Wall Height 6 to 8 Feet Adjacent to Residential 6 feet Y

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Roberta Lane Local Street Title 13 60 Y
Apricot Lane Local Street Title 13 60 Y

19.04.040 Connectivity
Transportation Network Element # Links # Nodes
Internal Street 3 0
Intersection Internal 0 1
Intersection External Street or Stub Terminus 0 1
Total
Required Provided

Connectivity Ratio (Links / Nodes): 1.30 1.50

FS
GPA-71525



GPA-71525


GPA-71525

ML

ROW

LA CRESTA ST
MADRE MESA DR

SC
PF M

ROBERTA LN
CHARTO LN

SUBJECT BEVVIE DR

PROPERTY
TAPPI ST

MLA
N M IC HA

SONNY HARRIS LN
TRETTER
EL W AY
W AY

APRICOT LN

SMOKE RANCH RD

FROM R TO ML
General Plan Amendment
RNP - Rural Neighborhood MLA - Medium - Low Attached GTC - Tourist Commercial PF-CC Public Facility
Preservation Clark County
1000' Buffer
LVMD - Las Vegas Medical
M - Medium
RE - Rural Estates District TC - Town Center City Limits
H - High LI/R - Light Industrial / Research
DR - Desert Rural RC - Resource Conservation
PCD - Planned Community Not City GIS maps are normally produced
R - Rural O - Office
Development C - Downtown - Commercial only to meet the needs of the City.
Due to c ontinuous dev elopment activity
SC - Service Commercial PR-OS - Park/Recreation/ Subject Property this map is for reference only .
L - Low MXU - Downtown - Mixed Use Geographic Information System
Open Space Planning & Development Dept.
ML - Medium - Low GC - General Commercial TND - Tradional Neighborhood 702-229-6301
PF - Public Facility
Development Date: Tuesday, September 05, 2017
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GPA-71525 [PRJ-71479] - GENERAL PLAN AMENDMENT RELATED TO ZON-71527, VAR-71607 AND TMP-71528 -
APPLICANT/OWNER: MATLOCK HOLDINGS IV, LLC
5097 ROBERTA LANE
08/31/2017
GPA-71525 [PRJ-71479] - GENERAL PLAN AMENDMENT RELATED TO ZON-71527, VAR-71607 AND TMP-71528 -
APPLICANT/OWNER: MATLOCK HOLDINGS IV, LLC
5097 ROBERTA LANE
08/31/2017
GPA-71525 [PRJ-71479] - GENERAL PLAN AMENDMENT RELATED TO ZON-71527, VAR-71607 AND TMP-71528 -
APPLICANT/OWNER: MATLOCK HOLDINGS IV, LLC
5097 ROBERTA LANE
08/31/2017
GPA-71525 [PRJ-71479] - GENERAL PLAN AMENDMENT RELATED TO ZON-71527, VAR-71607 AND TMP-71528 -
APPLICANT/OWNER: MATLOCK HOLDINGS IV, LLC
5097 ROBERTA LANE
08/31/2017
GPA-71525 [PRJ-71479] - GENERAL PLAN AMENDMENT RELATED TO ZON-71527, VAR-71607 AND TMP-71528 -
APPLICANT/OWNER: MATLOCK HOLDINGS IV, LLC
5097 ROBERTA LANE
08/31/2017
GPA-71525 [PRJ-71479] - GENERAL PLAN AMENDMENT RELATED TO ZON-71527, VAR-71607 AND TMP-71528 -
APPLICANT/OWNER: MATLOCK HOLDINGS IV, LLC
5097 ROBERTA LANE
08/31/2017
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GPA-71525, ZON-71527, VAR-71607 and TMP-71528


CITY OF LAS VEGAS
PLANNING COMMISSION AND CITY COUNCIL
RECOMMENDATIONS / COMMENTS

FROM: CLARK COUNTY DEPARTMENT OF AVIATION

APPLICATION NUMBERS: GPA-71525, ZON 71527, TMP-71528

PROJECT: BROOKS SINGLE-FAMILY RESIDENCES

LOCATION: 138-13-801-002

MEETING DATES: OCTOBER 10, 2017 PLANNING COMMISSION &


NOVEMBER 15, 2017, CITY COUNCIL

COMMENTS:

Federal Aviation Regulations (Title 14, Part 77) require that the Federal Aviation Administration
(FAA) be notified before the construction or alteration of any building or structure greater than
200 feet in height ( 77.13(a)(1)) or that will exceed a slope of 100:1 for a distance of 20,000
feet from the nearest point of any airport runway greater than 3,200 feet in length ( 77.13
(a)(2)(i)). Such notification allows the FAA to determine what impact, if any, the proposed
development will have upon navigable airspace, and allows the FAA to determine whether the
development requires obstruction marking or lighting.

The proposed development will exceed the 100:1 notice requirement for the North Las Vegas
Airport (VGT). Therefore, as required by 14 CFR Part 77, the FAA must be notified of the
proposed construction or alteration. The CCDOA requests that the City of Las Vegas impose
the conditions listed below for the project:

Applicant is required to file a valid FAA Form 7460-1, "Notice of Proposed Construction
or Alteration" with the FAA, in accordance with 14 CFR Part 77, or submit to the Clark
County Director of Aviation a Property Owners Shielding Determination Statement
and request written concurrence from the Clark County Department of Aviation;
No Building Permit or other construction permit shall be issued for any structure greater
than 35 feet above the surface of land that, based upon the FAAs 7460 airspace
determination (the outcome of filing the FAA Form 7460-1), would (a) constitute a
hazard to air navigation, (b) would result in an increase to minimum flight altitudes
during any phase of flight (unless approved by the Department of Aviation), or (c) would
otherwise be determined to pose a significant adverse impact on airport or aircraft
operations.
Applicant is advised that FAAs airspace determinations are dependent on petitions by
any interested party and the height that will not present a hazard as determined by the
FAA may change based on these comments.
Applicant is advised that the FAAs airspace determinations include expiration dates and
that the separate airspace determinations will be needed for construction cranes or other
temporary equipment.
Additionally, the proposed development lies just outside the 2015 AE-60 (60-65 DNL) noise
contour for North Las Vegas Airport (VGT), and is subject to significant aircraft noise and
continuing over-flights. Future demand for air travel and airport operations is expected to
increase significantly. Clark County intends to continue to upgrade VGT to meet future air
traffic demand, and nighttime operations may and will continue to occur at VGT.

Applicant is advised that issuing a stand-alone noise disclosure statement to the purchaser
or renter of each unit in the proposed development and to forward the completed and
recorded noise disclosure statements to the Department of Aviation's Noise Office is
strongly encouraged. Additionally, the Federal Aviation Administration will no longer
approve remedial noise mitigation measures for incompatible development impacted by
aircraft operations which was constructed after October 1, 1998, and funds will not be
available in the future should the residents wish to have their buildings purchased or
soundproofed.
Real Property Management School Development Tracking Form
1180 Military Tribute Place
Henderson, Nv. 89074 http://ccsd.net/departments/real-property

Date Filed Application Number Entity


Company Name
Contact Name
Contact Mailing Address
City State Zip Code
Phone Mobile Fax Email

Project Name

Project Description

APN's

Student Yield Elementary School Middle School High School


Single-Family Units (1) x 0.196 = x 0.101 = x 0.137 =
Multi-Family Units (2) x 0.140 = x 0.058 = x 0.064 =
Resort Condo Units (3)
Total

(1) Single Family unit is defined as single family detached home, mobile home, and town homes.
(2) Multi-Family unit is defined as apartment, multiplexes, and condominiums.
(3) Resort Condominium units for tracking purposes only.
* To be completed by CCSD

Schools Serving the Area*


Name Address Grade Capacity Enrollment Site Date

* CCSD Comments

Approved Disapproved
Agenda Item No.: 53.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ZON-71527 - REZONING RELATED TO GPA-71525 - PUBLIC HEARING -
APPLICANT/OWNER: MATLOCK HOLDINGS IV, LLC - For possible action on a request for
a Rezoning FROM: U (UNDEVELOPED) [R (RURAL DENSITY RESIDENTIAL) GENERAL
PLAN DESIGNATION] TO: R-CL (SINGLE FAMILY COMPACT-LOT) on 2.49 acres at
5097 Roberta Lane (APN 138-13-801-002), Ward 5 (Barlow) [PRJ-71479]. Staff recommends
DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps - ZON-71527 and TMP-71528 [PRJ-71479]
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-71527



ZON-71527


ZON-71527

R-PD20
R-PD5
MADRE MESA DR R-PD12

C-1
C-V R-3

ROBERTA LN
CHARTO LN

U(R)

U(M)

SUBJECT BEVVIE DR

PROPERTY
TAPPI ST

R-PD6
N M IC HA

SONNY HARRIS LN
TRETTER
EL W AY
W AY

APRICOT LN

R-D R-E
SMOKE RANCH RD

Zoning FROM U(R) TO R-CL


U - (GPA Designation) R-2 - Medium-Low P-O - Professional Office C-M - Commercial/Industrial
Undeveloped Density Residential
R-3 - Medium Density N-S - Neighborhood Service M - Industrial 1000' Buffer
R-A - Ranch Acres
Residential
O - Office C-V - Civic
R-E - Residential Estates R-4 - High Density City Limits
R-D - Single-Family Residential C-D - Designed Commercial P-C - Planned Community
Residential-Restricted R-5 - Apartment Not City
R-PD - Residential C-1 - Limited Commercial T-D - Traditional Development GIS maps are normally produced
R-MH - Mobile/Manufactured only to meet the needs of the City.
Planned Development Home Residence Subject Property Due to c ontinuous dev elopment activity
C-2 - General Commercial PD - Planned Development this map is for reference only .
R-1 - Single Family Geographic Information System
R-MHP - Residential Mobile/ C-PB - Planned Business
Residential T-C - Town Center
Planning & Development Dept.
Manufactured Home Park Park 702-229-6301
R-CL - Single-Family
Compact-Lot P-R - Professional Offices Date: Tuesday, September 05, 2017
and Parking
Agenda Item No.: 54.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71607 - VARIANCE RELATED TO GPA-71525 AND ZON-71527 - ROBERTA &
APRICOT RESIDENTIAL SUBDIVISION - PUBLIC HEARING - APPLICANT/OWNER:
MATLOCK HOLDINGS IV, LLC - For possible action on a request for a Variance TO ALLOW
A STUB STREET TERMINATION WHERE A CUL-DE-SAC IS REQUIRED on 2.49 acres at
5097 Roberta Lane (APN 138-13-801-002), Ward 5 (Barlow) [PRJ-71479]. Staff recommends
DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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-71607



VAR-71607


Agenda Item No.: 55.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
TMP-71528 - TENTATIVE MAP RELATED TO GPA-71525, ZON-71527 AND VAR-71607 -
ROBERTA & APRICOT RESIDENTIAL SUBDIVISION - PUBLIC HEARING -
APPLICANT/OWNER: MATLOCK HOLDINGS IV, LLC - For possible action on a request for
a Tentative Map FOR A PROPOSED 19-LOT SINGLE FAMILY RESIDENTIAL
SUBDIVISION on 2.49 acres at 5097 Roberta Lane (APN 138-13-801-002), Ward 5 (Barlow)
[PRJ-71479]. Staff recommends DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Traffic Notes from City of Las Vegas Department of Public Works
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
TMP-71528



TMP-71528

TMP-71528

TMP-71528 - REVISED
TMP 71528
Matlock Holdings IV, LLC

5097 Roberta Lane


Proposed 19 unit single family residential development.

Proposed Use

Average Daily Traffic (ADT) 9.52 181


AM Peak Hour SINGLE FAMILY DETACHED [DWELL] 19 0.75 14
PM Peak Hour 1.00 19

Existing traffic on nearby streets:


Decatur Boulevard
Average Daily Traffic (ADT) 29,948
PM Peak Hour (heaviest 60 minutes) 2,396

Smoke Ranch Road


Average Daily Traffic (ADT) 13,825
PM Peak Hour (heaviest 60 minutes) 1,106

Traffic Capacity of adjacent streets:


Adjacent Street ADT Capacity
Decatur Boulevard 50,900
Smoke Ranch Road 35,490

This project will add approximately 181 trips per day on Roberta Ln, Apricot Ln., Decatur Blvd., and Smoke Ranch Rd.
Currently, Decatur is at about 59 percent of capacity and Smoke Ranch is at about 39 percent of capacity. With this
project, these capacities are expected to remain unchanged. Counts are not available for Roberta or Apricot in this area,
but they are believed to be under capacity.

Based on Peak Hour use, this development will add into the area roughly 19 additional cars, or about one every three
minutes.

Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 56.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
GPA-71555 - GENERAL PLAN AMENDMENT - PUBLIC HEARING -
APPLICANT/OWNER: FOSTER DAY I, LLC - For possible action on a request for a General
Plan Amendment FROM: ML (MEDIUM LOW DENSITY RESIDENTIAL) TO: SC
(SERVICE COMMERCIAL) on 2.50 acres at the northwest corner of Cheyenne Avenue and
Dapple Gray Road (APN 138-08-401-013), Ward 4 (Anthony) [PRJ-71408]. Staff recommends
APPROVAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - GPA-71555, ZON-71556, SUP-71557, SUP-71558 and SDR-
71599 [PRJ-71408]
3. Supporting Documentation - GPA-71555, ZON-71556, SUP-71557, SUP-71558 and SDR-
71599 [PRJ-71408]
4. Photo(s) - GPA-71555, ZON-71556, SUP-71557, SUP-71558 and SDR-71599 [PRJ-71408]
5. Justification Letter - GPA-71555, ZON-71556, SUP-71557, SUP-71558 and SDR-71599
[PRJ-71408]
6. Support Postcard for GPA-71555 and ZON-71556 [PRJ-71408]
GPA-71555, ZON-71556, SUP-71557 and SDR-71559 [PRJ-71408]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: FOSTER DAY I, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
GPA-71555 Staff recommends APPROVAL.
ZON-71556 Staff recommends APPROVAL. GPA-71555
Staff recommends APPROVAL, subject to conditions: GPA-71555
SUP-71557
ZON-71556
GPA-71555
SDR-71559 Staff recommends APPROVAL, subject to conditions: ZON-71556
SUP-71557

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 32

NOTICES MAILED 449 - GPA-71555 and ZON-71556


449 - SUP-71557 and SDR-71559

PROTESTS 0 - GPA-71555 and ZON-71556


0 - SUP-71557 and SDR-71559

APPROVALS 1 - GPA-71555 and ZON-71556


1 - SUP-71557 and SDR-71559

SS
GPA-71555, ZON-71556, SUP-71557 and SDR-71559 [PRJ-71408]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71557 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Mini-
Storage Facility use.

2. Approval of a General Plan Amendment (GPA-71555) and Rezoning (ZON-71556)


and approval of and conformance to the Conditions of Approval for a Site
Development Plan Review (SDR-71559) shall be required.

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

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

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

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

SDR-71559 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-71557) shall be required, if approved.

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

3. All development shall be in conformance with the site plan and landscape plan,
date stamped 09/26/17 and building elevations, date stamped 08/28/17, except as
amended by conditions herein.

4. A Waiver from LVMC Title 19.08.040(B)(6) is hereby approved, to allow the


proposed building to be set back from minimum setback lines and oriented away
from the corner and street frontages where such is required.

5. An Exception from LVMC Title 19.08.040(F) is hereby approved, to allow no trees


within the required eight-foot perimeter landscape buffer along the north property
line where 13 trees are required.

6. An Exception from LVMC Title 19.08.110 is hereby approved, to allow five parking
lot trees where nine trees are required.

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

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

9. A technical landscape plan, signed and sealed by a Registered Architect,


Landscape Architect, Residential Designer or Civil Engineer, must be submitted
prior to or at the same time application is made for a building permit. A permanent
underground sprinkler system is required, and shall be permanently maintained in
a satisfactory manner; the landscape plan shall include irrigation specifications.
Installed landscaping shall not impede visibility of any traffic control device. The
technical landscape plan shall include the following change from the conceptual
landscape plan: provide at least 13 24-inch box trees spaced no more than 20 feet
on center within the landscape buffer along the south property line.

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

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Public Works

11. Dedicate 50-feet of right-of-way on Cheyenne Avenue and 30-feet of right-of-way


on Dapple Gray Road adjacent to this site and dedicate a 30-foot radius on the
northwest corner of Cheyenne Avenue and Dapple Gray Road prior to issuance of
permits for this site.

12. Construct half-street improvements on Dapple Gray Road concurrent with


development of this site.

13. In accordance with code requirements of Title 13.56, remove all substandard
offsite improvements on Cheyenne Avenue, if any, and replace with new
improvements meeting Current City Standards concurrent with development of this
site. All existing paving damaged or removed by this development shall be
restored at its original location and to its original width concurrent with
development of this site.

14. Landscape and maintain all unimproved rights-of-way on Cheyenne Avenue and
Dapple Gray Road 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.

15. Grant a five-foot Public Sewer Easement adjacent to the existing 15-foot Public
Sewer Easement prior to the issuance of any permits. No structures and no trees
or vegetation taller than three feet shall be allowed within the Public Sewer
Easements.

16. Submit a License Agreement for landscaping and private improvements in the
Cheyenne Avenue and Dapple Gray Road 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 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 (702-229-4836).

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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, if allowed by the City Engineer.

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** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is requesting to construct a three-story, 659-unit, 102,480 square-foot


Mini-Storage Facility with accessory truck rental at the northwest corner of Cheyenne
Avenue and Dapple Gray Road. The site would also include a covered area for storage
of up to 19 recreational vehicles along the west property line.

ISSUES

A General Plan Amendment is required to amend the land use designation on this
site from ML (Medium Low Density Residential) to SC (Service Commercial).
A Rezoning is required to amend the zoning designation on this site from U
(Undeveloped) [ML (Medium Low Density Residential) General Plan Designation] to
C-1 (Limited Commercial).
A Mini-Storage Facility use is permitted in the C-1 (Limited Commercial) zoning
district with the approval of a Special Use Permit.
A Waiver of commercial development standards is requested to allow the proposed
building to be placed on the interior of the site where Title 19.08 requires the building
to be placed at the corner and street frontages. Staff recommends approval of the
waiver.
An Exception is requested to allow no trees within the required eight-foot perimeter
landscape buffer along the north property line due to an existing sewer easement.
Staff approves the Exception.
An Exception is required to allow five parking lot trees where nine trees are required.
Staff approves the Exception.
An additional five-foot Public Sewer Easement must be granted adjacent to the
existing 15-foot easement along the north property line for a total of 20 feet.

ANALYSIS

The site is currently undeveloped except for an existing Wireless Communications


Facility (slimline tower) in the northwest corner. It slopes downward from west to east.
The site is located on a primary arterial route (Cheyenne Avenue) adjacent to an
existing corner retail area to the west that is zoned C-1 (Limited Commercial). It is
currently designated ML (Medium Low Density Residential), along with the adjacent
retail area. The site has access to Dapple Gray Road, a local street that also provides
access to a Las Vegas Valley Water District utility installation to the north, which is
designated PF (Public Facilities). A Health Club and medical offices are situated further

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east along Cheyenne Avenue to Campbell Road; these are zoned O (Office) and the
General Plan is also O (Office). The nearest residential development is to the northeast
of the site across the Dapple Gray road cul-de-sac bulb. Per Title 19.18, the residential
development is technically adjacent to this site, even though the two sites do not share
a property line.

Per Title 19.16.010 approval of all Rezonings, Special Use Permits and Site
Development Plan Reviews must be consistent with the spirit and intent of the General
Plan. The subject property is an appropriate location for an amendment of the General
Plan to SC (Service Commercial) and Rezoning to C-1 (Limited Commercial). The
Service Commercial designation allows low to medium intensity retail, office or other
commercial uses serving primarily local area patrons, which is suitable for locations next
to major arterials and intersections of major streets. The site does not abut any lands
planned for low density residential uses. Likewise, the uses that would be allowed in
the C-1 (Limited Commercial) zoning district are appropriate in this location that is
adjacent to land zoned C-1 at intersection of two primary arterials. Access between this
site and the adjacent retail development is restricted by a six-foot solid block wall;
however, the site is large enough to accommodate driveways from either Cheyenne
Avenue, Dapple Gray Road, or both.

The Mini-Storage building is situated on the interior of the site to allow circulation
around the entire property. The requested Waiver to allow the building to be set back
from the corner and street frontages is supported by staff, as the area between the
building and the south perimeter buffer would be restricted to an access aisle only,
rather than a parking area visible from Cheyenne Avenue. Access to the site would be
from Dapple Gray Road, which will have less of an impact on westbound traffic on
Cheyenne Avenue. The lot is gated on the east and south sides of the building to
protect patrons and stored vehicles. Ten parking spaces are situated outside of the
gate; five spaces inside the gate are reserved for rental trucks, which is considered an
accessory use to the Mini-Storage Facility.

Perimeter landscaping is provided in 15-foot wide buffers along Cheyenne Avenue and
Dapple Gray Road and eight-foot buffers along the north and west property lines. A
dense planting of Raywood Ash trees is proposed adjacent to the existing six-foot wall
on the west property line for maximum screening of stored recreational vehicles. As the
north 20 feet of the property is reserved as a public sewer easement, no vegetation over
three feet in height is permitted. Therefore, staff supports an Exception to allow no
trees in the north perimeter buffer. An Exception is also warranted to allow five parking
area trees where nine trees are required, as additional trees are proposed in the
adjacent perimeter buffer, and some of the trees are not able to be provided due to the
aforementioned public sewer easement. Trees in the buffer along Cheyenne Avenue
are spaced at about 25 feet where 20 feet is required; therefore, a condition has been
added to reduce the spacing to allow for at least three additional trees.

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Aesthetically, the building contains variations in color and materials, and the buildings
bulk is broken up by changes in wall plane near the main building entrance. Materials
include smooth EIFS panels, cement fiber board panels and metal roll-up doors. The
doors will not be visible from the south. Large storefront windows create an attractive
space at the main entrance. All storage units are interior to the building. A total of 659
units of various sizes are proposed.

The Mini-Storage Facility use is defined as a facility with enclosed storage space,
divided into separate compartments no larger than 500 square feet in size, which is
provided for use by individuals to store personal items or by businesses to store
materials for operation of a business establishment. A three-story enclosed building is
proposed that contains 659 units for storage purposes. As part of the use, up to five
cargo trucks will be available for rental, and 19 covered spaces will be made available
for storage of recreational vehicles.

The Minimum Special Use Permit Requirements for this use include:

1. No more than one managers security residence shall be permitted.

The proposed use meets this requirement, as one managers office is provided.

2. All storage shall be within an enclosed building except for the storage of recreational
vehicles, which shall be completely screened from view from surrounding properties
and abutting streets.

The proposed use meets this requirement, as regular storage will occur in units
enclosed within a single 102,523 square-foot building. Recreational vehicles will be
stored under covered parking canopies and will be screened from Cheyenne Avenue
by a new eight-foot solid wall on the south side and both an existing six-foot solid wall
and 24-inch box deciduous trees on the west side. Furthermore, the site is at a lower
grade than the property to the west.

3. The following activities are prohibited on or from the premises of a mini-storage


facility:
a. The conducting of a business (other than the mini-storage business itself and
permitted accessory uses);
b. The retail sale of stored items;
c. The commercial repair of motor vehicles, boats, trailers and other like vehicles;
d. The operation of spray-painting equipment, power tools, welding equipment or
other similar equipment;
e. The production, fabrication or assembly of products.

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The proposed use meets this requirement, as none of the above-listed activities are
proposed. The business license will be subject to periodic inspection for
conformance with all applicable code requirements.

4. The rental of single unit trucks and small utility trailers shall be permitted as an
accessory use to a mini-storage facility, provided the business is conducted out of the
same office as that of the mini-storage facility. No trucks or trailers shall be displayed
in public view, and the combined total of all trucks and trailers stored on site shall not
exceed a ratio of 2 trucks or trailers for each 100 storage units.

The proposed use meets this requirement, as five (5) rental trucks will be offered
from an onsite office as an accessory use. The trucks will be screened from public
view by a new eight-foot tall solid wall. The ratio of rental trucks to storage units is
0.76 per 100, where two (2) percent is the maximum ratio.

5. Truck and trailer storage shall be screened from streets and adjacent properties.

The proposed use meets this requirement, as rental trucks will be screened from
Dapple Gray Road by a new eight-foot tall solid wall.

6. When adjacent to a residential use, the exterior wall of the mini-storage shall be
constructed of decorative block.

The proposed use meets this requirement. The proposed use is across the cul-de-
sac bulb of Dapple Gray Road and therefore considered adjacent per Title 19. The
proposed exterior wall would be constructed of decorative block.

Site development generally is in conformance with Title 19 requirements. The


requested waiver and exceptions are warranted and supported by staff. The three-story
building is appropriate on this site, as it is located along a major thoroughfare away from
residential uses and the land is graded such that the top of the building will be similar to
the elevation of the adjacent tavern. The Minimum Special Use Permit requirements for
the Mini-Storage Facility can be met without a waiver, and the nearest residential
properties will be adequately buffered by walls and landscaping. Staff therefore
recommends approval of the Special Use Permit and Site Development Plan Review
with conditions.

FINDINGS (GPA-71555)

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:

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1. The density and intensity of the proposed General Plan Amendment is


compatible with the existing adjacent land use designations,

The proposed SC (Service Commercial) land use designation is compatible


with the adjacent O (Office) designation on parcels to the east and with the PF
(Public Facility) designation on the parcel to the north. The parcels to the west
designated ML (Medium Low Density Residential) are not congruent with the
commercial zoning and retail uses on those parcels and would normally be
designated SC.

2. The zoning designations allowed by the proposed amendment will be


compatible with the existing adjacent land uses or zoning districts,

The SC (Service Commercial) land use designation allows for the C-1 (Limited
Commercial), O (Office) and P-O (Professional Office) zoning districts. Each of
these districts would be compatible with the existing land uses on adjacent
parcels.

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


accommodate the uses and densities permitted by the proposed General
Plan Amendment; and

Cheyenne Avenue, a 100-foot Primary Arterial as depicted on the Master Plan


of Streets and Highways, provides adequate access for any use allowed by the
proposed SC designation. Utilities are available in the area as well as other
retail services.

4. The proposed amendment conforms to other applicable adopted plans and


policies that include approved neighborhood plans.

There are no neighborhood plans in this area and no specific policies


addressed by the proposed amendment.

FINDINGS (ZON-71556)

In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning


Commission or City Council must affirm the following:

1. The proposal conforms to the General Plan.

The C-1 (Limited Commercial) zoning district is consistent with the description
of the SC (Service Commercial) General Plan category.

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2. The uses which would be allowed on the subject property by approving the
rezoning will be compatible with the surrounding land uses and zoning
districts.

The range of uses allowed by the C-1 zoning district would be compatible with
the existing retail, tavern, office and public facility uses on adjacent parcels.
Special Use Permits would be required for more intense or controversial uses.

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

The parcel is located along a major thoroughfare near the intersection of two
primary arterials, and is adjacent to other developed parcels zoned C-1.
Impacts to nearby residential development would be minimal.

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


adequate in size to meet the requirements of the proposed zoning district.

Access to the property is provided by Cheyenne Avenue, a 100-foot wide


Primary Arterial as designated by the Master Plan of Streets and Highways,
and by Dapple Gray Road, a 60-foot right-of-way. Together these streets will
have adequate capacity to serve the uses that would be allowed in the C-1
zoning district.

FINDINGS (SUP-71557)

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

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


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

The proposed Mini-Storage Facility is adequately screened from adjacent uses


and is intended to be a low intensity development. Its design and location indicate
that the use can be conducted in a harmonious and compatible manner with the
adjacent land uses.

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

Parking facilities, security, building access and circulation can all be


accommodated by the subject site.

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


adequate in size to meet the requirements of the proposed use.

Access to the property is provided by Cheyenne Avenue, a 100-foot wide Primary


Arterial as designated by the Master Plan of Streets and Highways, and by
Dapple Gray Road, a 60-foot right-of-way. Together these streets will have
adequate capacity to meet the requirements of the Mini-Storage 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.

Business operations will be subject to licensing review and inspection, thereby


protecting the public health, safety and general welfare.

5. The use meets all of the applicable conditions per Title 19.12.

All minimum Special Use Permit requirements of the Mini-Storage use are met by
this proposal.

FINDINGS (SDR-71559)

In order to approve a Site Development Plan Review application, per Title 19.16.100(E)
the Planning Commission and/or City Council must affirm the following:

1. The proposed development is compatible with adjacent development and


development in the area;

The three-story building is appropriate on this site, as it is located along a major


thoroughfare away from residential uses and the land is graded such that the top
of the building will be similar to the elevation of the adjacent tavern. Rental truck
and stored recreational vehicles will be adequately screened from view from the
adjacent properties.

2. The proposed development is consistent with the General Plan, this Title,
and other duly-adopted city plans, policies and standards;

The proposed Mini-Storage Facility development requires a Waiver to allow the


building to be placed on the interior of the property, which staff supports. Some
perimeter and parking lot trees are not being provided with sufficient justification.
All minimum Special Use Permit use requirements are being met by the proposal.

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3. Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;

Site access is from Dapple Gray Road, a 60-foot right-of-way currently providing
access to nearby offices and a Las Vegas Valley Water District facility to the north.
This single access is adequate to serve the development and should not disrupt
the flow of traffic along Cheyenne Avenue. Based on Peak Hour use, this
development will add into the area roughly 13 additional cars, or about one every
four minutes.

4. Building and landscape materials are appropriate for the area and for the
City;

The building and landscape materials provided are appropriate for this area of the
city.

5. Building elevations, design characteristics and other architectural and


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

The building elevations provided indicate variation in roofline, materials, colors,


textures and wall plane to provide visual interest and break up the massing of the
building. The views from each side create an aesthetically pleasing environment
that would be compatible with other development along the north side of
Cheyenne Avenue.

6. Appropriate measures are taken to secure and protect the public health,
safety and general welfare.

Site development will be subject to building permit review and inspection, thereby
protecting the public health, safety and general welfare.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The City Council approved the Annexation (A-0015-00) of 2.68 acres
of land generally located on the north side of Cheyenne Avenue
01/17/01 approximately 330 feet east of Fort Apache Road into the City of Las
Vegas. The Planning Commission and staff recommended approval.
The annexation became effective 01/26/01.

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Related Relevant City Actions by Planning, Fire, Bldg., etc.


The City Council approved a General Plan Amendment (GPA-0011-
02) from ML (Medium Low Density Residential) to O (Office) on 10.00
acres on the northwest and northeast corners of Cheyenne Avenue
and Campbell Road. The Planning Commission and staff
08/21/02 recommended approval.
The City Council approved a Rezoning (Z-0063-02) from U
(Undeveloped) [ML (Medium Low Density Residential) General Plan
Designation] to O (Office) on 5.00 acres at the northwest corner of
Cheyenne Avenue and Campbell Road.
The City Council adopted Ordinance #5589 as Bill 2003-29, which
allowed the uses Recreational Vehicle and Boat Storage and Mini-
04/16/03
Warehouse by means of Special Use Permit in the N-S (Neighborhood
Service) zoning district.
The City Council approved a General Plan Amendment (GPA-1016)
from O (Office) to SC (Service Commercial) on 2.50 acres on the north
side of Cheyenne Avenue, approximately 340 feet east of Fort Apache
Road. The Planning Commission and staff recommended approval.
The City Council approved a Rezoning (ZON-1017) from U
(Undeveloped) [O (Office) General Plan Designation] under Resolution
05/21/03
of Intent to O (Office) to N-S (Neighborhood Service) on 2.5 acres on
the north side of Cheyenne Avenue, approximately 340 feet east of
Fort Apache Road. The Planning Commission and staff
recommended approval. The City Council amended the original
request from C-1 (Limited Commercial). The Resolution of Intent
expired 05/21/05.
The City Council approved a request for a Special Use Permit (SUP-
1018) for a proposed Mini-Warehouse development on the north side
of Cheyenne Avenue, approximately 340 feet east of Fort Apache
Road. The Planning Commission recommended approval; staff
recommended denial. The approval expired 05/21/05.
11/05/03 The City Council approved a request for a Special Use Permit (SUP-
1454) for a proposed Recreational Vehicle and Boat Storage use with
a Waiver to allow storage within a required setback/buffer area on the
north side of Cheyenne Avenue, approximately 340 feet east of Fort
Apache Road. The Planning Commission recommended approval;
staff recommended denial. The approval expired 05/21/05.

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Related Relevant City Actions by Planning, Fire, Bldg., etc.


The City Council approved a request for a Site Development Plan
Review (SDR-2871) for a proposed Mini-Warehouse development with
Recreational Vehicle and Boat Storage and Waivers of rear and side
yard setback requirements, perimeter and parking lot landscaping
requirements on 2.50 acres adjacent to the north side of Cheyenne
Avenue, approximately 340 feet east of Fort Apache Road. The
Planning Commission and staff recommended approval. The approval
expired 05/21/05.
Department of Planning staff administratively approved a Site
Development Plan Review (later recorded as SDR-19798) for a
05/06/04
proposed Wireless Communications Facility, Stealth Design (Slim Line
tower) at 9176 West Cheyenne Boulevard.
The City Council approved a General Plan Amendment (GPA-10763)
from SC (Service Commercial) and O (Office) to ML (Medium Low
Density Residential) on 7.80 acres at the northwest corner of
Cheyenne Avenue and Campbell Road. The Planning Commission
and staff recommended approval.
The City Council approved a Rezoning (ZON-10766) from U
(Undeveloped) [O (Office) General Plan Designation] under Resolution
of Intent to O (Office) and U (Undeveloped) [SC (Service Commercial)
General Plan Designation] under Resolution of Intent to N-S
(Neighborhood Service) to R-PD7 (Residential Planned Development
7 Units per Acre) on 7.80 acres at the northwest corner of Cheyenne
Avenue and Campbell Road. The Planning Commission and staff
03/01/06
recommended approval. The Resolution of Intent expired 03/01/08.
The City Council approved a request for a Variance (VAR-10765) to
allow 21,864 square feet of open space where 40,364 square feet is
the minimum required for a proposed single-family residential
development on 7.80 acres at the northwest corner of Cheyenne
Avenue and Campbell Road. The Planning Commission and staff
recommended denial. The approval expired 03/01/08.
The City Council approved a request for a Site Development Plan
Review (SDR-10769) for a proposed 56-lot single family residential
development on 7.80 acres at the northwest corner of Cheyenne
Avenue and Campbell Road. The Planning Commission and staff
recommended denial. The approval expired 03/01/08.
The Planning Commission approved a Tentative Map (TMP-11664) for
a 55-lot single family residential subdivision on 7.80 acres at the
03/23/06
northwest corner of Cheyenne Avenue and Campbell Road. Staff
recommended denial. The approval expired 03/23/08.

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Related Relevant City Actions by Planning, Fire, Bldg., etc.


Department of Planning staff administratively approved a Site
Development Plan Review (SDR-27426) for the proposed collocation
05/08/08 of five antennas on an existing 63-foot tall Wireless Communications
Facility, Stealth Design (Slim Line tower) at 9176 West Cheyenne
Boulevard.
Department of Planning staff administratively approved a Site
Development Plan Review (SDR-34569) for the proposed collocation
06/12/09 of three antennas and three microwave dish antennas at the 53-foot
centerline of an existing 63-foot tall Wireless Communications Facility,
Stealth Design (Slim Line tower) at 9176 West Cheyenne Boulevard.
Department of Planning staff administratively denied a Site
Development Plan Review (SDR-39366) for the removal of three
antennas and installation of six new Argus panel antennas and six
02/17/11 DAP Heads at the 55-foot centerline of an existing 63-foot tall Wireless
Communications Facility, Stealth Design (Slim Line tower) in addition
to installation of one GPA antenna near the base of the facility at 9176
West Cheyenne Boulevard.

Most Recent Change of Ownership


01/26/12 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#04019515) was issued for a wireless
09/03/04
communications monopole at 9176 West Cheyenne Avenue.
A building permit (142406) was issued for antenna collocation on an
08/27/09 existing wireless communications monopole at 9176 West Cheyenne
Avenue. A final inspection was completed 10/19/10.
A building permit (226594) was issued for an antenna and transceiver
01/17/13 collocation on an existing wireless communications monopole at 9176
West Cheyenne Avenue. A final inspection has not been completed.
A building permit (257205) was issued for an antenna collocation and
cabinet addition on an existing wireless communications monopole at
05/08/14
9176 West Cheyenne Avenue. A final inspection was completed
02/26/15.

SS
GPA-71555, ZON-71556, SUP-71557 and SDR-71599 [PRJ-71408]
Staff Report Page Twelve
October 10, 2017 - Planning Commission Meeting

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
submittal requirements pertaining to a proposed Mini-Storage
08/10/17
development. A Recreational Vehicle and Boat Storage Special Use
Permit had been requested at this time.

Neighborhood Meeting
A neighborhood meeting was held at the Durango Hills Community
Center YMCA located at 3521 North Durango Drive in Las Vegas, with
five members of the public, three members of the development team,
one member of the Ward 4 Council office and one Department of
Planning staff member in attendance.

The property owner/developer conducted the meeting. The developer


has owned this property for over 20 years and had received approval for
a mini-storage facility with recreational vehicle parking at this location in
2003, but for economic reasons did not construct it, and the entitlement
expired. The owner has experience developing other mini-storage and
car wash businesses in the Las Vegas Valley, and believes the time is
now right for this project. According to the owner, the building design is
sensitive to aesthetics and security and meets nearly all code
requirements. Business hours are intended to be daylight only. Traffic
09/21/17 impact is expected to be minimal, and the waiver request to move the
building off of the corner was designed to eliminate the need for access
from Cheyenne Avenue.

Neighbor concerns included the following:

The three-story building height will block views of the


mountains. The owner responded that the site will be graded
such that the tallest part of the building will be level with the bell
tower on the Timbers tavern to the west.
The height should be lowered to two stories.
How long would construction take? Approximately 12-14 months
due to labor shortage.

Those in attendance appeared to favor the project, although they would


like to see a shorter building.

SS
GPA-71555, ZON-71556, SUP-71557 and SDR-71599 [PRJ-71408]
Staff Report Page Thirteen
October 10, 2017 - Planning Commission Meeting

Field Check
The site is undeveloped and free of debris except for a slimline
08/31/17 Wireless Communications Facility at the northwest corner of the
property.

Details of Application Request


Site Area
Gross Acres 2.50

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Undeveloped
Wireless
Subject ML (Medium Low
Communications U (Undeveloped)
Property Density Residential)
Facility, Stealth
Design
North Utility Installation PF (Public Facilities) U (Undeveloped)
ML (Medium Low
Single Family, P-C (Planned
South Density Residential)
Detached Community)
Sun City Summerlin
Health Club
East Office, Medical or O (Office) O (Office)
Dental
ML (Medium Low C-1 (Limited
West Shopping Center
Density Residential) Commercial)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
No Applicable Special Area or Overlay Districts N/A
Other Plans or Special Requirements Compliance
Trails (Pedestrian Path existing) Y
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification
N/A
Assessment)
Project of Regional Significance N/A

SS
GPA-71555, ZON-71556, SUP-71557 and SDR-71599 [PRJ-71408]
Staff Report Page Fourteen
October 10, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to Title 19.08, the following standards apply:


Standard Required/Allowed Provided Compliance
89,924 SF (after
Min. Lot Size N/A N/A
dedication)
295 Feet (after
Min. Lot Width 100 Feet Y
dedication)
Min. Setbacks
Front 10 Feet 71 Feet Y
Side 10 Feet 36 Feet Y
Corner 10 Feet 46 Feet Y
Rear 20 Feet 72 Feet Y
Max. Lot Coverage 50 % 46 % Y
42 Feet as limited by
42 Feet Y
Max. Building Height residential adjacency
Screened, Gated, w/ a Screened, Gated, w/
Trash Enclosure Y
Roof or Trellis a Roof or Trellis
Mech. Equipment Screened Parapet screened Y

Review the following from Title 19.08.040 for compliance


Residential Adjacency Standards Required/Allowed Provided Compliance
3:1 proximity slope 108 Feet 129 Feet Y
Adjacent development matching
10 Feet 129 Feet Y
setback
Trash Enclosure 50 Feet 257 Feet Y

Existing Zoning Permitted Density Units Allowed


U (Undeveloped) 2.18 du/ac 5
Proposed Zoning Permitted Density Units Allowed
C-1 (Limited Commercial) N/A N/A
Existing General Plan Permitted Density Units Allowed
ML (Medium Low Density
8.49 du/ac 21
Residential)
Proposed General Plan Permitted Density Units Allowed
SC (Service Commercial) N/A N/A

SS
GPA-71555, ZON-71556, SUP-71557 and SDR-71599 [PRJ-71408]
Staff Report Page Fifteen
October 10, 2017 - Planning Commission Meeting

Pursuant to Title 19.08, the following standards apply:


Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees
Buffer Trees:
North 1 Tree / 20 Linear Feet 13 Trees 0 Trees N*
South 1 Tree / 20 Linear Feet 13 Trees 10 Trees By Condition
East 1 Tree / 30 Linear Feet 6 Trees 10 Trees Y
West 1 Tree / 30 Linear Feet 7 Trees 12 Trees Y
TOTAL PERIMETER TREES 39 Trees 32 Trees N
1 Tree / 6 Uncovered
Parking Area Spaces, plus 1 tree at the
10 Trees 5 Trees N*
Trees end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North 8 Feet 8 Feet Y
South 15 Feet 15 Feet Y
East 15 Feet 15 Feet Y
West 8 Feet 8 Feet Y
8 wall
Wall Height 6 to 8 Feet Adjacent to Residential adjacent to Y
residential
*Staff approves Exceptions of Title 19 for a reduction of trees in the perimeter landscape buffer
as well as the parking lot.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Cheyenne Ave Primary Arterial Streets and 100 Y
Highways
Dapple Gray Rd Minor Collector Title 13 55 N

SS
GPA-71555, ZON-71556, SUP-71557 and SDR-71599 [PRJ-71408]
Staff Report Page Sixteen
October 10, 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-
Units Ratio Regular Regular
capped capped
1 space
per 50
storage
units on
Mini-Storage 659 storage
interior, 19
Facility units
plus 5
spaces
for cust-
omers
1 space
Accessory
5 trucks per rental 5
Truck Rental
truck
TOTAL SPACES REQUIRED 24 25 Y
Regular and Handicap Spaces Required 23 1 24 1 Y

Waivers
Requirement Request Staff Recommendation
Buildings on corner lots
should be oriented to the
corner and to the street
To allow the proposed building
fronts. Buildings for
to be set back from minimum
standalone projects or
setback lines and oriented away Approval
individual pad developments
from the corner and street
associated with a larger
frontages
commercial center should be
located at the front of the site
at the minimum setback line

SS
GPA-71555, ZON-71556, SUP-71557 and SDR-71599 [PRJ-71408]
Staff Report Page Seventeen
October 10, 2017 - Planning Commission Meeting

Exceptions
Requirement Request Staff Recommendation
Perimeter trees shall be
spaced 20 feet apart unless To allow zero trees in the
adjacent to commercial lots perimeter buffer along the north Approval
or right-of-way classified as a property line
freeway (13 trees required)
Trees in parking lots shall be
provided every six uncovered
To allow 5 shade trees in the
spaces and at end of each Approval
parking area
parking row (9 trees
required)

SS
GPA-71555



GPA-71555



GPA-71555
LEAPING LILLY AVE HOLLOW GREEN DR GREEN JADE DR

BUCKSKIN AVE

N FORT APACHE RD

SABINO CANYON ST
URIBE ST

N CAMPBELL RD
PF
MT SIERRA ST

VALADOR AVE

N DAPPLE GRAY RD
MLA
O ML

W CHEYENNE AVE
SUBJECT
PROPERTY
M

VI LL
A RI D
GE
D R

PR-OS

JANUARY
DR

FROM ML TO SC
General Plan Amendment
RNP - Rural Neighborhood MLA - Medium - Low Attached GTC - Tourist Commercial PF-CC Public Facility
Preservation Clark County
1000' Buffer
LVMD - Las Vegas Medical
M - Medium
RE - Rural Estates District TC - Town Center City Limits
H - High LI/R - Light Industrial / Research
DR - Desert Rural RC - Resource Conservation
PCD - Planned Community Not City GIS maps are normally produced
R - Rural O - Office
Development C - Downtown - Commercial only to meet the needs of the City.
Due to c ontinuous dev elopment activity
SC - Service Commercial PR-OS - Park/Recreation/ Subject Property this map is for reference only .
L - Low MXU - Downtown - Mixed Use Geographic Information System
Open Space Planning & Development Dept.
ML - Medium - Low GC - General Commercial TND - Tradional Neighborhood 702-229-6301
PF - Public Facility
Development Date: Tuesday, September 05, 2017
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GPA-71555, ZON-71556, SUP-71557 and SDR-71559 - REVISED



GPA-71555, ZON-71556, SUP-71557 and SDR-71559 - REVISED


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GPA-71555, ZON-71556, SUP-71557, SUP-71558 and SDR-71559



GPA-71555, ZON-71556, SUP-71557, SUP-71558 and SDR-71559


GPA-71555 [PRJ-71408] - GENERAL PLAN AMENDMENT RELATED TO ZON-71556, SUP-71557 AND SDR-71559 -
APPLICANT/OWNER: FOSTER DAY I, LLC
NORTHWEST CORNER OF CHEYENNE AVENUE AND DAPPLE GRAY ROAD
08/31/2017
GPA-71555 [PRJ-71408] - GENERAL PLAN AMENDMENT RELATED TO ZON-71556, SUP-71557 AND SDR-71559 -
APPLICANT/OWNER: FOSTER DAY I, LLC
NORTHWEST CORNER OF CHEYENNE AVENUE AND DAPPLE GRAY ROAD
08/31/2017
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GPA-71555, ZON-71556, SUP-71557, SUP-71558 and SDR-71559


Agenda Item No.: 57.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ZON-71556 - REZONING RELATED TO GPA-71555 - PUBLIC HEARING -
APPLICANT/OWNER: FOSTER DAY I, LLC - For possible action on a request for a Rezoning
FROM: U (UNDEVELOPED) [ML (MEDIUM LOW DENSITY RESIDENTIAL) GENERAL
PLAN DESIGNATION] TO: C-1 (LIMITED COMMERCIAL) on 2.50 acres at the northwest
corner of Cheyenne Avenue and Dapple Gray Road (APN 138-08-401-013), Ward 4 (Anthony)
[PRJ-71408]. Staff recommends APPROVAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps - ZON-71556, SUP-71557 and SDR-71599 [PRJ-71408]
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-71556



ZON-71556


ZON-71556
LEAPING LILLY AVE HOLLOW GREEN DR GREEN JADE DR

R-PD10
BUCKSKIN AVE

N FORT APACHE RD

SABINO CANYON ST
R-CL

URIBE ST

N CAMPBELL RD
U(PF)
MT SIERRA ST

VALADOR AVE

N DAPPLE GRAY RD
R-PD8
C-1
U(ML)
P-R

W CHEYENNE AVE
SUBJECT
PROPERTY

VI LL
A RI D
GE
D R

P-C

JANUARY
DR

Zoning FROM U(ML) TO C-1


U - (GPA Designation) R-2 - Medium-Low P-O - Professional Office C-M - Commercial/Industrial
Undeveloped Density Residential
R-3 - Medium Density N-S - Neighborhood Service M - Industrial 1000' Buffer
R-A - Ranch Acres
Residential
O - Office C-V - Civic
R-E - Residential Estates R-4 - High Density City Limits
R-D - Single-Family Residential C-D - Designed Commercial P-C - Planned Community
Residential-Restricted R-5 - Apartment Not City GIS maps are normally produced
R-PD - Residential C-1 - Limited Commercial T-D - Traditional Development only to meet the needs of the City.
R-MH - Mobile/Manufactured
Planned Development Home Residence Subject Property Due to c ontinuous dev elopment activity
C-2 - General Commercial PD - Planned Development this map is for reference only .
R-1 - Single Family Geographic Information System
R-MHP - Residential Mobile/ C-PB - Planned Business Planning & Development Dept.
Residential T-C - Town Center
Manufactured Home Park Park
702-229-6301
R-CL - Single-Family
Compact-Lot P-R - Professional Offices Date: Tuesday, September 05, 2017
and Parking
Agenda Item No.: 58.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71557 - SPECIAL USE PERMIT RELATED TO GPA-71555 AND ZON-71556 -
PUBLIC HEARING - APPLICANT/OWNER: FOSTER DAY I, LLC - For possible action on a
request for a Special Use Permit FOR A MINI-STORAGE FACILITY USE at the northwest
corner of Cheyenne Avenue and Dapple Gray Road (APN 138-08-401-013), U (Undeveloped)
Zone [ML (Medium Low Density Residential) General Plan Designation] [PROPOSED: C-1
(Limited Commercial)], Ward 4 (Anthony) [PRJ-71408]. Staff recommends APPROVAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Support Postcard for SUP-71557 and SDR-71559 [PRJ-71408]
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-71557



SUP-71557


Agenda Item No.: 59.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SDR-71559 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-71555, ZON-
71556 AND SUP-71557 - PUBLIC HEARING - APPLICANT/OWNER: FOSTER DAY I, LLC
- For possible action on a request for a Site Development Plan Review FOR A PROPOSED
THREE STORY, 659-UNIT MINI-STORAGE FACILITY WITH A WAIVER TO ALLOW
THE BUILDING TO NOT BE ORIENTED TO THE CORNER AND STREET FRONTAGE
WHERE SUCH IS REQUIRED on 2.50 acres at the northwest corner of Cheyenne Avenue and
Dapple Gray Road (APN 138-08-401-013), U (Undeveloped) Zone [ML (Medium Low Density
Residential) General Plan Designation] [PROPOSED: C-1 (Limited Commercial)], Ward 4
(Anthony) [PRJ-71408]. Staff recommends APPROVAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Traffic Notes from City of Las Vegas Department of Public Works
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-71559



SDR-71559


SDR 71559
Foster Day I, LLC

NWC Cheyenne Avenue and Dapple Gray Road


Proposed 659 unit mini-warehouse development.

Proposed Use

Average Daily Traffic (ADT) 0.25 165


AM Peak Hour MINI-WAREHOUSE [UNITS] 659 0.02 13
PM Peak Hour 0.02 13

Existing traffic on nearby streets:


Cheyenne Avenue
Average Daily Traffic (ADT) 29,338
PM Peak Hour (heaviest 60 minutes) 2,347

Fort Apache Road


Average Daily Traffic (ADT) 3,238
PM Peak Hour (heaviest 60 minutes) 259

Traffic Capacity of adjacent streets:


Adjacent Street ADT Capacity
Cheyenne Avenue 50,900
Fort Apache Road 35,490

This project will add approximately 165 trips per day on Dapple Gray Rd., Cheyenne Ave. and Fort Apache Rd. Currently,
Cheyenne is at about 58 percent of capacity and Fort Apache is at about 9 percent of capacity. With this project,
Cheyenne is expected to remain unchanged and Fort Apache to be at about 10 percent of capacity. Counts are not
available for Dapple Gray, but it is believed to be under capacity.

Based on Peak Hour use, this development will add into the area roughly 13 additional cars, or about one every four
minutes.

Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 60.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
GPA-71561 - GENERAL PLAN AMENDMENT - PUBLIC HEARING -
APPLICANT/OWNER: CHARLESTON LAND, LLC - For possible action on a request for a
General Plan Amendment FROM: O (OFFICE) TO: SC (SERVICE COMMERCIAL) on 0.69
acres at the southwest corner of Charleston Boulevard and Westwood Drive (APN Multiple),
Ward 1 (Tarkanian) [PRJ-71491]. Staff recommends DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Abeyance Request Letter - GPA-71561 and ZON-71562 [PRJ-71491]
2. Location and Aerial Maps
3. Staff Report - GPA-71561 and ZON-71562 [PRJ-71491]
4. Supporting Documentation - GPA-71561 and ZON-71562 [PRJ-71491]
5. Photo(s) - GPA-71561 and ZON-71562 [PRJ-71491]
6. Justification Letter GPA-71561 and ZON-71562 [PRJ-71491]
Sept. 28 2017

GPA-71561 and ZON-71562


GPA-71561 and ZON-71562 [PRJ-71491]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CHARLESTON LAND, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
GPA-71561 Staff recommends DENIAL.
ZON-71562 Staff recommends DENIAL. GPA-71561

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 28

NOTICES MAILED 117 - GPA-71561 and ZON-71562

PROTESTS 0 - GPA-71561 and ZON-71562

APPROVALS 0 - GPA-71561 and ZON-71562

NE
GPA-71561 and ZON-71562 [PRJ-71491]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request to amend the General Plan Designation and Rezone three separate
parcels generally located on the south side of Charleston Boulevard, between Pahor
Drive and Westwood Drive. The addresses are 2001 West Charleston Boulevard (APN
162-04-110-017), 1105 Pahor Drive (APN 162-04-110-016), and 1106 Westwood Drive
(APN 162-04-111-001).

ISSUES

A General Plan Amendment is requested from O (Office) to SC (Service


Commercial) for all three subject sites. Staff does not support this request.
Rezoning from P-R (Professional Office and Parking) to C-1 (Limited
Commercial) is requested for two of the subject parcels as the subject parcel
adjacent to Charleston Boulevard is currently zoned C-1 (Limited Commercial).
Staff does not support this request.

ANALYSIS

All three of the subject sites are currently designated O (Office) which provides for small
lot office conversions as a transition along primary and secondary streets from
residential and commercial uses, and for large planned office areas. The proposed SC
(Service Commercial) allows low to medium intensity retail, office, or other commercial
uses that serve primarily local area patrons and that do not include more intense
general commercial characteristics. Examples of development for this land use
designation include shopping centers, theaters, and other places of public assembly.
The Service Commercial land use designation may also allow mixed-use development
with a residential component.

The current zoning district of the two parcels adjacent to residentially zoned property is
P-R (Professional Office and Parking). This zoning designation provides the existing
single family residences to the south a buffer from the more intense commercial uses
that currently exist adjacent to Charleston Boulevard.

Amending the General Plan and Rezoning these subject sites would allow for the
development of medium intensity commercial buildings and uses directly adjacent to
existing low intensity residential uses without a low intensity office buffer between the
two uses.

NE
GPA-71561 and ZON-71562 [PRJ-71491]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

In addition, the Rancho Charleston Land Use Study and Strategic Plan specified five
goals for the area:
1. Protect the existing residential neighborhoods from any additional encroachment
by commercial and/or office uses.
2. Buffer existing residential neighborhoods from more intense uses that currently
exist.
3. Eliminate residential blight by establishing specific minimum maintenance
standards and enforcement practices, particularly along streets that are
witnessing high traffic counts, in order to discourage speculative investment for
potential non-residential uses.
4. Minimize the impact of traffic on the residential neighborhoods within the study
area.
5. Discourage and minimize the nuisance of obtrusive lighting, noise, odor, signs,
etc. near residential neighborhoods.

The subject properties were specifically designated O (Office) in accordance with the
Rancho Charleston Land Use Study and Strategic Plan which supported the pattern of
office uses that developed over the years within the Charleston Boulevard corridor and
would also provide a buffer to the existing residential neighborhoods that exist on the
south side of Charleston Boulevard.

Staff finds the proposed General Plan Amendment and Rezoning request do not
support the goals specified by the Rancho Charleston Land Use Study and Strategic
Plan, nor are they compatible with the existing surrounding area; therefore, staff is
recommending denial of both requests.

In the future when development is proposed, the subject parcels are currently served by
the Las Vegas Valley Water District (LVVWD) but two of the three parcels do not have
the required backflow prevention per NAC 445A.67195. Civil and plumbing plans will
need to be submitted to LVVWD for domestic meter sizing, fire flow availability and
backflow retrofit. Proof of parcel lot consolidation will also be required before civil plan
approval.

FINDINGS (GPA-71561)

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

1. The density and intensity of the proposed General Plan Amendment is


compatible with the existing adjacent land use designations,

NE
GPA-71561 and ZON-71562 [PRJ-71491]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

The subject sites share a southern property line with existing single family
residences with a land use designation L (Low Density Residential). Amending the
land use designation to SC (Service Commercial) which would allow medium
intensity commercial uses directly adjacent to low density single family residential
uses is not compatible.

2. The zoning designations allowed by the proposed amendment will be


compatible with the existing adjacent land uses or zoning districts,

The requested C-1 (Limited Commercial) zoning designation is too intense for
residential adjacency and is not compatible.

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


accommodate the uses and densities permitted by the proposed General
Plan Amendment; and

Adequate transportation, utility, and other facilities are able to accommodate the
proposed SC (Service Commercial) General Plan designation.

4. The proposed amendment conforms to other applicable adopted plans and


policies.

The proposed amendment does not conform to the Rancho Charleston Land Use
Study and Strategic Plan which specifically recommended the subject sites for an
O (Office) land use designation in order to provide an adequate buffer to the area
residents and prevent the further encroachment of more intense land uses into the
residential neighborhood.

FINDINGS (ZON-71562)

In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning


Commission or City Council must affirm the following:

1. The proposal conforms to the General Plan.

If approved, the proposed C-1 (Limited Commercial) zoning district would conform
to the proposed SC (Service Commercial) land use designation.

2. The uses which would be allowed on the subject property by approving the
rezoning will be compatible with the surrounding land uses and zoning
districts.

NE
GPA-71561 and ZON-71562 [PRJ-71491]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

Uses such as Clinics, General Retail, Health Clubs, Restaurants, and Wedding
Chapels are too intense for residential adjacency. The uses permitted in the C-1
(Limited Commercial) are not compatible with the surrounding residential land
uses and zoning districts.

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

Growth and development factors in the community do not indicate the need for
commercial uses to encroach upon the residential neighborhood.

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


adequate in size to meet the requirements of the proposed zoning district.

Charleston Boulevard is adequate in size to meet the requirements of the


proposed zoning district. Pahor Drive and Westwood Drive are predominantly
used for residential traffic.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The City Council approved a request for a Reclassification of Property
(Z-0046-86) located 65 feet south of Charleston Boulevard, between
08/06/86
Pahor Drive and Westwood Drive from R-1 (Single Family Residential)
to P-R (Professional Office and Parking) for a proposed parking lot.
The City Council approved a request for a Reinstatement and
Extension of Time (Z-0046-86) on property located at 1105 Pahor
10/19/88
Drive and 1106 Westwood Drive R-1 (Single Family Residential) zone,
under Resolution of Intent to P-R (Professional Office and Parking).
The City Council approved a request for a Reclassification of Property
(Z-0171-94) located at 1105 Pahor Drive and 1106 Westwood Drive
03/15/95 from R-1 (Single Family Residential) to P-R (Professional Office and
Parking) for a proposed parking lot. The Planning Commission
recommended denial, staff recommended approval.
The City Council approved a request for an Extension of Time [Z-
05/01/96 0171-94(1)] for a 30,000 square-foot parking lot located at 1105 Pahor
Drive and 1106 Westwood Drive.
Code Enforcement processed a complaint (#179319) for graffiti at
06/05/17
2001 West Charleston Boulevard. The case was closed on 06/20/17.

NE
GPA-71561 and ZON-71562 [PRJ-71491]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

Most Recent Change of Ownership


A deed was recorded for a change in ownership for all three subject
07/26/17
sites.

Related Building Permits/Business Licenses


A business license (P50-01397) was issued for a law office at 2001
12/08/05
West Charleston Boulevard. The license is active as of 09/28/17.
A building permit (#229617) was issued for a tenant improvement at
02/13/13 2001 West Charleston Boulevard. The permit received its final
inspection on 06/06/13.
A building permit (#232336) was issued for a wall sign at 2001 West
03/27/13 Charleston Boulevard. The permit received its final inspection on
07/31/13.

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
requirements for a General Plan Amendment, Rezoning, Variance,
08/23/17
Special Use Permit, and Site Development Plan Review were
discussed.

Neighborhood Meeting
A neighborhood meeting is scheduled for 7:00 p.m. at the First
09/27/17
Presbyterian Church at 1515 West Charleston Boulevard.

Field Check
During a routine field check staff observed the subjects sites. The
08/31/17 existing building and parking lot was well-maintained and free of trash
and debris.

Details of Application Request


Site Area
Net Acres 0.69

NE
GPA-71561 and ZON-71562 [PRJ-71491]
Staff Report Page Six
October 10, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
C-1 (Limited
Subject Office, Other Than Commercial)
O (Office)
Property Listed P-R (Professional
Office and Parking)
LVMD (Las Vegas PD (Planned
North Hospital
Medical District) Development)
Single Family, L (Low Density R-1 (Single Family
South
Detached Residential) Residential)
R-4 (High Density
O (Office)
Residential)
East Vacant
R-1 (Single Family
O (Office)
Residential)
General Retail
SC (Service C-1 (Limited
West Store, Other Than
Commercial) Commercial)
Listed

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District - 200 Feet Y
Other Plans or Special Requirements Compliance
Rancho Charleston Land Use Study N*
Trails N/A
Las Vegas Redevelopment Plan Area Redevelopment Area 2 Y**
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A
*See analysis.
** The subject sites are subject to the City of Las Vegas Redevelopment Plan for
Development Area 2 if and when development is proposed for the subject sites.

NE
GPA-71561 and ZON-71562 [PRJ-71491]
Staff Report Page Seven
October 10, 2017 - Planning Commission Meeting

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Charleston
Primary Arterial Streets and 100 Y
Boulevard
Highways
Pahor Drive Local Street Title 13 50 Y
Westwood Drive Local Street Title 13 60 Y

NE
GPA-71561
GPA-71561
GPA-71561

GOLDRING AVE

WILLOW ST
S TONOPAH DR

HOPE PL
R
A
N

HASTINGS AVE
C
H
O
LN

LVMD

SHADOW LN
W CHARLESTON BLVD

SC
SUBJECT
O
PROPERTY
WESTWOOD DR

ELLIS AVE

JAYLAR CIR
DR
PARK CIR

L
EDGEWOOD AVE


WESTWOOD DR

ORMSBY ST

WALDMAN AVE

General Plan Amendment


FROM O TO SC
RNP - Rural Neighborhood MLA - Medium - Low Attached GTC - Tourist Commercial PF-CC Public Facility
Preservation
LVMD - Las Vegas Medical
Clark County 1000' Buffer
M - Medium
RE - Rural Estates District TC - Town Center
City Limits
H - High LI/R - Light Industrial / Research
DR - Desert Rural RC - Resource Conservation
PCD - Planned Community
R - Rural O - Office Not City
Development C - Downtown - Commercial GIS maps are normally produced
only to meet the needs of the City.
SC - Service Commercial PR-OS - Park/Recreation/ Subject Property Due to c ontinuous dev elopment activity
L - Low MXU - Downtown - Mixed Use this map is for reference only .
Open Space Geographic Information System

ML - Medium - Low GC - General Commercial TND - Tradional Neighborhood Planning & Development Dept.
PF - Public Facility 702-229-6301
Development
Date: Tuesday, September 05, 2017

GPA-71561, ZON-71562, VAR-71563, SUP-71565 and SDR-71566




GPA-71561, ZON-71562, VAR-71563, SUP-71565 and SDR-71566


GPA-71561, ZON-71562, VAR-71563, SUP-71565 and SDR-71566
GPA-71561 [PRJ-71491] - GENERAL PLAN AMENDMENT RELATED TO ZON-71562 - APPLICANT/OWNER:
CHARLESTON LAND, LLC
SOUTHWEST CORNER OF CHARLESTON BOULEVARD AND WESTWOOD DRIVE
08/31/2017
GPA-71561 [PRJ-71491] - GENERAL PLAN AMENDMENT RELATED TO ZON-71562 - APPLICANT/OWNER:
CHARLESTON LAND, LLC
SOUTHWEST CORNER OF CHARLESTON BOULEVARD AND WESTWOOD DRIVE
08/31/2017
GPA-71561 [PRJ-71491] - GENERAL PLAN AMENDMENT RELATED TO ZON-71562 - APPLICANT/OWNER:
CHARLESTON LAND, LLC
SOUTHWEST CORNER OF CHARLESTON BOULEVARD AND WESTWOOD DRIVE
08/31/2017





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GPA-71561, ZON-71562, VAR-71563, SUP-71565 and SDR-71566


  





GPA-71561, ZON-71562, VAR-71563, SUP-71565 and SDR-71566


Agenda Item No.: 61.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ZON-71562 - REZONING RELATED TO GPA-71561 - PUBLIC HEARING -
APPLICANT/OWNER: CHARLESTON LAND, LLC - For possible action on a request for a
Rezoning FROM: P-R (PROFESSIONAL OFFICE AND PARKING) TO: C-1 (LIMITED
COMMERCIAL) on 0.35 acres at the southwest corner of Charleston Boulevard and Westwood
Drive (APNs 162-04-110-016 and 162-04-111-001), Ward 1 (Tarkanian) [PRJ-71491]. Staff
recommends DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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-71562
ZON-71562
ZON-71562

GOLDRING AVE

WILLOW ST
S TONOPAH DR

HOPE PL
R
A
N

HASTINGS AVE
C
H
O
LN

PD

SHADOW LN
W CHARLESTON BLVD
R-4

O SUBJECT C-1
PROPERTY
WESTWOOD DR

C-D

P-R

ELLIS AVE

JAYLAR CIR
R-E

PARK CIR

EDGEWOOD AVE R-1


WESTWOOD DR

ORMSBY ST

WALDMAN AVE

Zoning FROM P-R TO C-1


U - (GPA Designation) R-2 - Medium-Low P-O - Professional Office C-M - Commercial/Industrial
Undeveloped Density Residential
R-3 - Medium Density N-S - Neighborhood Service M - Industrial
R-A - Ranch Acres 1000' Buffer
Residential
O - Office C-V - Civic
R-E - Residential Estates R-4 - High Density
Residential City Limits
R-D - Single-Family C-D - Designed Commercial P-C - Planned Community
Residential-Restricted R-5 - Apartment
R-PD - Residential C-1 - Limited Commercial T-D - Traditional Development Not City GIS maps are normally produced
R-MH - Mobile/Manufactured only to meet the needs of the City .
Planned Development Home Residence Due to c ontinuous dev elopment activity
C-2 - General Commercial PD - Planned Development Subject Property
R-1 - Single Family this map is for reference only .
R-MHP - Residential Mobile/ C-PB - Planned Business Geographic Information System
Residential T-C - Town Center
Manufactured Home Park Park
Planning & Development Dept.
R-CL - Single-Family 702-229-6301

Compact-Lot P-R - Professional Offices


Date: Monday, September 11, 2017
and Parking
Agenda Item No.: 62.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
GPA-71568 - GENERAL PLAN AMENDMENT - PUBLIC HEARING -
APPLICANT/OWNER: SHADOW LAND, LLC - For possible action on a request for a
General Plan Amendment FROM: O (OFFICE) TO: SC (SERVICE COMMERCIAL) on 3.27
acres located at the southeast corner of Charleston Boulevard and Westwood Drive (APNs 162-
04-111-016 through 018 and 162-04-112-005), Ward 1 (Tarkanian) [PRJ-71531]. Staff
recommends DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 1 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Abeyance Request Letter - GPA-71568 and ZON-71569 [PRJ-71531]
2. Location and Aerial Maps
3. Staff Report - GPA-71568 and ZON-71569 [PRJ-71531]
4. Supporting Documentation - GPA-71568 and ZON-71569 [PRJ-71531]
5. Photo(s) - GPA-71568 and ZON-71569 [PRJ-71531]
6. Justification Letter - GPA-71568 and ZON-71569 [PRJ-71531]
7. Protest Postcard for GPA-71568 and ZON-71569 [PRJ-71531]
Sept. 28 2017

GPA-71568 and ZON-71569


GPA-71568 and ZON-71569 [PRJ-71531]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: SHADOW LAND, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
GPA-71568 Staff recommends DENIAL.
ZON-71569 Staff recommends DENIAL. GPA-71568

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 29

NOTICES MAILED 168 - GPA-71568 and ZON-71569

PROTESTS 1 - GPA-71568 and ZON-71569

APPROVALS 0 - GPA-71568 and ZON-71569

NE
GPA-71568 and ZON-71569 [PRJ-71531]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request to amend the General Plan Designation and Rezone four separate
parcels generally located on the south side of Charleston Boulevard, east of Westwood
Drive.

ISSUES

A General Plan Amendment is requested from O (Office) to SC (Service


Commercial). Staff does not support this request.
Rezoning from R-4 (High Density Residential), R-1 (Single Family Residential),
and R-E (Residence Estates) to C-1 (Limited Commercial) is requested for the
subject four parcels. Staff does not support this request.

ANALYSIS

All four of the subject sites are currently designated O (Office) which provides for small
lot office conversions as a transition along primary and secondary streets from
residential and commercial uses, and for large planned office areas. The proposed SC
(Service Commercial) allows low to medium intensity retail, office, or other commercial
uses that serve primarily local area patrons and that do not include more intense
general commercial characteristics. Examples of development for this land use
designation include shopping centers, theaters, and other places of public assembly.
The Service Commercial land use designation may also allow mixed-use development
with a residential component.

The current zoning districts of the four subject sites range from R-4 (High Density
Residential) which has no density limits (only height restrictions would limit density), to
R-E (Residence Estates) which is large lot (two per acre) residential home sites; but
they are all residential in nature. The underlying General Plan designation of O (Office)
would allow for these subject sites to seek a less intense office designation that would
provide a buffer to the remaining residential homes in the area from existing more
intense commercial uses along Charleston Boulevard.

The largest of the four sites, 1823 West Charleston Boulevard, has a single family
residential neighborhood directly adjacent to the western and southern parcel lines; and
the adjacent 1128 Shadow Lane has large lot single family residences to the south of its
property line as well. Amending the General Plan and Rezoning these subject sites

NE
GPA-71568 and ZON-71569 [PRJ-71531]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

would allow for the development of medium intensity commercial buildings and uses
directly adjacent to existing low intensity residential uses without a low intensity office
buffer between the two uses.

In addition, the Rancho Charleston Land Use Study and Strategic Plan specified five
goals for the area:
1. Protect the existing residential neighborhoods from any additional encroachment
by commercial and/or office uses.
2. Buffer existing residential neighborhoods from more intense uses that currently
exist.
3. Eliminate residential blight by establishing specific minimum maintenance
standards and enforcement practices, particularly along streets that are
witnessing high traffic counts, in order to discourage speculative investment for
potential non-residential uses.
4. Minimize the impact of traffic on the residential neighborhoods within the study
area.
5. Discourage and minimize the nuisance of obtrusive lighting, noise, odor, signs,
etc. near residential neighborhoods.
The subject properties were specifically designated O (Office) in accordance with the
Rancho Charleston Land Use Study and Strategic Plan which supported the pattern of
office uses that developed over the years within the Charleston Boulevard corridor and
would also provide a buffer to the existing residential neighborhoods that exist on the
south side of Charleston Boulevard.

Staff finds the proposed General Plan Amendment and Rezoning request do not
support the goals specified by the Rancho Charleston Land Use Study and Strategic
Plan, nor are they compatible with the existing surrounding area; therefore, staff is
recommending denial of both requests.

In the future when development is proposed, the subject parcels are currently served by
the Las Vegas Valley Water District (LVVWD) but do not have the required backflow
prevention per NAC 445A.67195. Civil and plumbing plans will need to be submitted to
LVVWD for domestic meter sizing, fire flow availability and backflow retrofit. Proof of
parcel lot consolidation will also be required before civil plan approval.

FINDINGS (GPA-71568)

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

1. The density and intensity of the proposed General Plan Amendment is


compatible with the existing adjacent land use designations,

NE
GPA-71568 and ZON-71569 [PRJ-71531]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

The subject sites share a western and southern property line with existing single
family residences with land use designations of either L (Low Density Residential)
or DR (Desert Rural Density Residential). Amending the land use designation to
SC (Service Commercial) which would allow medium intensity commercial uses
directly adjacent to low density single family residential uses is not compatible.

2. The zoning designations allowed by the proposed amendment will be


compatible with the existing adjacent land uses or zoning districts,

The requested C-1 (Limited Commercial) zoning designation is too intense for
residential adjacency and is not compatible.

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


accommodate the uses and densities permitted by the proposed General
Plan Amendment; and

Adequate transportation, utility, and other facilities are able to accommodate the
proposed SC (Service Commercial) General Plan designation.

4. The proposed amendment conforms to other applicable adopted plans and


policies.

The proposed amendment does not conform to the Rancho Charleston Land Use
Study and Strategic Plan which specifically recommended the subject sites for an
O (Office) land use designation in order to provide an adequate buffer to the area
residents and prevent the further encroachment of more intense land uses into
their residential neighborhood.

FINDINGS (ZON-71569)

In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning


Commission or City Council must affirm the following:

1. The proposal conforms to the General Plan.

If approved, the proposed C-1 (Limited Commercial) zoning district would conform
to the proposed SC (Service Commercial) land use designation.

2. The uses which would be allowed on the subject property by approving the
rezoning will be compatible with the surrounding land uses and zoning
districts.

NE
GPA-71568 and ZON-71569 [PRJ-71531]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

Uses such as Clinics, General Retail, Health Clubs, Restaurants, and Wedding
Chapels are too intense for residential adjacency. The uses permitted in the C-1
(Limited Commercial) are not compatible with the surrounding residential land
uses and zoning districts.

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

Growth and development factors in the community do not indicate the need for
commercial uses to encroach upon the residential neighborhood.

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


adequate in size to meet the requirements of the proposed zoning district.

Charleston Boulevard is adequate in size to meet the requirements of the


proposed zoning district. Shadow Lane south of Charleston Boulevard and
Westwood Drive are predominantly used for residential traffic.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The Historic Preservation Commission approved the consideration of a
Historic Preservation Commission Statement of Opposition (HPC-
08/26/09
35653) to the Las Vegas Planning Commission for the proposed
demolition of 1128 Shadow Lane.
An application was Withdrawn Without Prejudice for a Rezoning (ZON-
34775) from R-E (Residence Estates) to P-R (Professional Office and
Parking) at 1823 West Charleston Boulevard and 1128 Shadow Lane.
An application was Withdrawn Without Prejudice for a Special Use
Permit (SUP-34776) for a proposed Parking Lot, Commercial and a
Waiver to allow 24-hour parking where parking between the hours of
09/24/09
9:00 p.m. and 6:00 a.m. is not permitted at 1823 West Charleston
Boulevard and 1128 Shadow Lane.
An application was Withdrawn Without Prejudice for a Site
Development Plan Review (SDR-34777) for a proposed 272 space
Parking Lot, Commercial at 1823 West Charleston Boulevard and
1128 Shadow Lane.
A Conditional Use Verification (CUV-61045) was approved by staff for
08/27/15
a Community Residence at 1833 West Charleston Boulevard.

NE
GPA-71568 and ZON-71569 [PRJ-71531]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

Related Relevant City Actions by Planning, Fire, Bldg., etc.


Code Enforcement processed a complaint (#170167) for a possible
08/29/16 homeless encampment at 1823 West Charleston Boulevard. The case
was closed on 09/13/16.
Code Enforcement processed a complaint (#179880) for a possible
06/19/17 homeless encampment and trash at 1823 West Charleston Boulevard.
The case was closed on 08/09/17.
Code Enforcement processed a complaint (#180923) for a possible
07/19/17 homeless encampment at 1823 West Charleston Boulevard. The case
was closed on 07/19/17.
Code Enforcement processed a complaint (#181826) for a possible
08/21/17 homeless encampment 1833 West Charleston Boulevard. The case
remains open.
Code Enforcement processed a complaint (#182886) for a possible
09/26/17 homeless encampment at 1823 West Charleston Boulevard. The case
remains open.

1109 Westwood Drive (162-04-111-016) and


1833 West Charleston Boulevard (162-04-111-017)
Most Recent Change of Ownership
05/16/16 A deed was recorded for a change in ownership.

1128 Shadow Lane (162-04-112-005) and


1823 West Charleston Boulevard (162-04-111-018)
Most Recent Change of Ownership
05/13/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no building permits and/or business licenses related to this application.

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
requirements for a General Plan Amendment, Rezoning, and Site
08/24/17
Development Plan Review application were discussed via the
telephone.

NE
GPA-71568 and ZON-71569 [PRJ-71531]
Staff Report Page Six
October 10, 2017 - Planning Commission Meeting

Neighborhood Meeting
A neighborhood meeting is scheduled for 5:30 p.m. at the First
09/27/17
Presbyterian Church at 1515 West Charleston Boulevard.

Field Check
Staff performed a routine field check of the subject sites where nothing
09/27/17
of concern was noted by staff.

Details of Application Request


Site Area
Net Acres 3.27

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
R-4 (High Density
Vacant
Residential)
Subject R-E (Residence
Undeveloped O (Office)
Properties Estates)
Single Family, R-1 (Single Family
Detached Resdiential)
LVMD (Las Vegas PD (Planned
North Hospital
Medical District) Development)
South
Restaurant
General Retail C-1 (Limited
Store, Other Than Commercial)
East O (Office)
Listed
Office, Other Than P-R (Professional
Listed Office and Parking)
Single Family, L (Low Density R-1 (Single Family
Detached Residential) Residential)
P-R (Professional
West Parking Lot
Office and Parking)
O (Office)
Office, Other Than C-1 (Limited
Listed Commercial)

NE
GPA-71568 and ZON-71569 [PRJ-71531]
Staff Report Page Seven
October 10, 2017 - Planning Commission Meeting

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District - 200 Feet Y
Other Plans or Special Requirements Compliance
Rancho Charleston Land Use Study N*
Trails N/A
Las Vegas Redevelopment Plan Area Redevelopment Area 2 Y**
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A
*See analysis.
** The subject sites are subject to the City of Las Vegas Redevelopment Plan for
Development Area 2 if and when development is proposed for the subject sites.

1833 West Charleston Boulevard (162-04-111-017)


Existing Zoning Permitted Density Units Allowed
Unlimited (Depending on Unlimited (Depending on
R-4 (High Density
Height Limitations and Height Limitations and
Residential)
General Plan Designation). General Plan Designation).
Proposed Zoning Permitted Density Units Allowed
C-1 (Limited Commercial) N/A N/A
General Plan Permitted Density Units Allowed
O (Office) N/A N/A

1109 Westwood Drive (162-04-111-016)


Existing Zoning Permitted Density Units Allowed
R-1 (Single Family 6,500 SF
1
Residential) Minimum Lot Size
Proposed Zoning Permitted Density Units Allowed
C-1 (Limited Commercial) N/A N/A
General Plan Permitted Density Units Allowed
O (Office) N/A N/A

NE
GPA-71568 and ZON-71569 [PRJ-71531]
Staff Report Page Eight
October 10, 2017 - Planning Commission Meeting

1823 West Charleston Boulevard (162-04-111-018) and


1128 Shadow Lane (162-04-112-005)
Existing Zoning Permitted Density Units Allowed
20,000 SF
R-E (Residence Estates) 4
Minimum Lot Size
Proposed Zoning Permitted Density Units Allowed
C-1 (Limited Commercial) N/A N/A
General Plan Permitted Density Units Allowed
O (Office) N/A N/A

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Charleston
Primary Arterial Streets and 100 Y
Boulevard
Highways
Westwood Drive Local Street Title 13 60 Y
Shadow Lane Local Street Title 13 60 Y
Ellis Avenue Local Street Title 13 30 Y*
*Ellis Avenue is currently fronted by property designated for residential use, a
commercial development may require the dedication of right-of-way for curb, gutter, and
sidewalk.

NE
GPA-71568



GPA-71568



GPA-71568

GOLDRING AVE

DESERT LN
WILLOW ST
S TONOPAH DR

HOPE PL
HASTINGS AVE
LVMD

RA
NC
HO
LN

SHADOW LN
W CHARLESTON BLVD

SC
WESTWOOD DR

SUBJECT ELLIS AVE

CHARMA ST LN
PROPERTY
PARK CIR

L
EDGEWOOD AVE
DR
WESTWOOD DR

ORMSBY ST

VD
WALDMAN AVE
BL
NG


WESTWOOD DR

KI
L
BIRCH ST

IN
RT
MA

PF
S

BANNIE AVE
LI/R

General Plan Amendment


FROM O TO SC
RNP - Rural Neighborhood MLA - Medium - Low Attached GTC - Tourist Commercial PF-CC Public Facility
Preservation
LVMD - Las Vegas Medical
Clark County 1000' Buffer
M - Medium
RE - Rural Estates District TC - Town Center
City Limits
H - High LI/R - Light Industrial / Research
DR - Desert Rural RC - Resource Conservation
PCD - Planned Community
R - Rural O - Office Not City
Development C - Downtown - Commercial GIS maps are normally produced
only to meet the needs of the City.
SC - Service Commercial PR-OS - Park/Recreation/ Subject Property Due to c ontinuous dev elopment activity
L - Low MXU - Downtown - Mixed Use this map is for reference only .
Open Space Geographic Information System

ML - Medium - Low GC - General Commercial TND - Tradional Neighborhood Planning & Development Dept.
PF - Public Facility 702-229-6301
Development
Date: Tuesday, September 05, 2017

GPA-71568 and ZON-71569 - REVISED


GPA-71568 [PRJ-71531] - GENERAL PLAN AMENDMENT RELATED TO ZON-71569 - APPLICANT/OWNER:
SHADOW LAND, LLC
SOUTHEAST CORNER OF CHARLESTON BOULEVARD AND WESTWOOD DRIVE
09/27/2017
GPA-71568 [PRJ-71531] - GENERAL PLAN AMENDMENT RELATED TO ZON-71569 - APPLICANT/OWNER:
SHADOW LAND, LLC
SOUTHEAST CORNER OF CHARLESTON BOULEVARD AND WESTWOOD DRIVE
09/27/2017
GPA-71568 [PRJ-71531] - GENERAL PLAN AMENDMENT RELATED TO ZON-71569 - APPLICANT/OWNER:
SHADOW LAND, LLC
SOUTHEAST CORNER OF CHARLESTON BOULEVARD AND WESTWOOD DRIVE
09/27/2017
A77

b777777
777
777

777777777777
b7777

77b77777777
777777777777774777
777777777777b
777774777777777
7777b77777777

7
7
77

GPA-71568, ZON-71569 and SDR-71570


Agenda Item No.: 63.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ZON-71569 - ZONING RELATED TO GPA-71568 - PUBLIC HEARING -
APPLICANT/OWNER: SHADOW LAND, LLC - For possible action on a request for a
Rezoning FROM: R-4 (HIGH DENSITY RESIDENTIAL), R-1 (SINGLE FAMILY
RESIDENTIAL), AND R-E (RESIDENCE ESTATES) TO: C-1 (LIMITED COMMERCIAL)
on 3.27 acres located at the southeast corner of Charleston Boulevard and Westwood Drive
(APNs 162-04-111-016 through 018 and 162-04-112-005), Ward 1 (Tarkanian) [PRJ-71531].
Staff recommends DENIAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 1 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps - ZON-71569 and SDR-71570 [PRJ-71531]
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-71569



ZON-71569


ZON-71569

GOLDRING AVE

DESERT LN
WILLOW ST
S TONOPAH DR

HOPE PL
HASTINGS AVE

PD
RA
NC
HO
LN

SHADOW LN
W CHARLESTON BLVD
R-4
WESTWOOD DR

C-1
C-D
O
P-R
SUBJECT ELLIS AVE

CHARMA ST LN
PROPERTY
PARK CIR

EDGEWOOD AVE R-1


WESTWOOD DR

ORMSBY ST

VD
WALDMAN AVE
BL
NG


WESTWOOD DR

KI

R-E
L
BIRCH ST

IN
RT
MA

C-V
S

BANNIE AVE
M

Zoning FROM R-4, R-1 AND R-E TO C-1


U - (GPA Designation) R-2 - Medium-Low P-O - Professional Office C-M - Commercial/Industrial
Undeveloped Density Residential
R-3 - Medium Density N-S - Neighborhood Service M - Industrial
R-A - Ranch Acres 1000' Buffer
Residential
O - Office C-V - Civic
R-E - Residential Estates R-4 - High Density
Residential City Limits
R-D - Single-Family C-D - Designed Commercial P-C - Planned Community
Residential-Restricted R-5 - Apartment
R-PD - Residential C-1 - Limited Commercial T-D - Traditional Development Not City GIS maps are normally produced
R-MH - Mobile/Manufactured only to meet the needs of the City.
Planned Development Home Residence Due to c ontinuous dev elopment activity
C-2 - General Commercial PD - Planned Development Subject Property
R-1 - Single Family this map is for reference only .
R-MHP - Residential Mobile/ C-PB - Planned Business Geographic Information System
Residential T-C - Town Center
Manufactured Home Park Park
Planning & Development Dept.
R-CL - Single-Family 702-229-6301

Compact-Lot P-R - Professional Offices


Date: Tuesday, September 05, 2017
and Parking
Agenda Item No.: 64.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71548 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: STOCK HOUSE,
LLC - For possible action on a request for a Variance TO ALLOW A LOT SIZE OF 18,855
SQUARE FEET WHERE 20,000 SQUARE FEET IS REQUIRED ON LOT 3 OF A
PROPOSED FOUR-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION on 1.79 acres at
the southeast corner of Whispering Sands Drive and Jones Boulevard (APN 125-13-201-001), R-
E (Residence Estates) Zone, Ward 6 (Fiore) [PRJ-71448]. Staff recommends APPROVAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-71548 and VAR-71549 [PRJ-71448]
2. Conditions and Staff Report - VAR-71548 and VAR-71549 [PRJ-71448]
3. Supporting Documentation - VAR-71548 and VAR-71549 [PRJ-71448]
4. Photo(s) - VAR-71548 and VAR-71549 [PRJ-71448]
5. Justification Letter - VAR-71548 and VAR-71549 [PRJ-71448]
VAR-71548 and VAR-71549 [PRJ-71448]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: STOCK HOUSE, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71548 Staff recommends APPROVAL, subject to conditions:
VAR-71549 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 21

NOTICES MAILED 180 - VAR-71548 and VAR-71549

PROTESTS 0 - VAR-71548 and VAR-71549

APPROVALS 0 - VAR-71548 and VAR-71549

NE
VAR-71548 and VAR-71549 [PRJ-71448]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71548 CONDITIONS

Planning

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

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

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

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

VAR-71549 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.

NE
VAR-71548 and VAR-71549 [PRJ-71448]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Variance to allow a reduction of the lot size for two lots within a
proposed four-lot single family residential subdivision on the southeast corner of
Whispering Sands Drive and Jones Boulevard.

ISSUES

A Variance is required to allow a reduction in lot size from 20,000 square feet to
18,855 square feet on Lot 3, and a reduction in lot size from 20,000 square feet
to 18,854 square feet on Lot 4 in the R-E (Residence Estates) zoning district.

ANALYSIS

The applicant has proposed to subdivide and develop a 1.79 acre lot located on the
southeast corner of Whispering Sands Drive and Jones Boulevard into a four-lot single
family residential cul-de-sac. The proposed cul-de-sac mirrors the existing residential
development that surrounds the subject site to the east and south.

The subject site and surrounding properties are zoned R-E (Residence Estates) which
requires a minimum lot size of 20,000 square feet. In order to remain consistent with the
zoning and existing residential development in the surrounding area, the applicant is
requesting a Variance for Lots 3 and 4 to be reduced by approximately 1,145 square
feet to 18,855 square feet and 18,854 square feet, respectively.

The portion of Jones Boulevard adjacent to the subject has been dedicated and the
improvements constructed, including the sidewalk. Due to the existence of these
improvements, the Public Works department is Waiving the Complete Streets
requirement set forth by Title 19.04 for both Jones Boulevard and Whispering Sands
Drive. Waiving the Complete Streets requirement for Whispering Sands Drive allows the
proposed residential subdivision to be consistent with the existing surrounding
residential developments and keep the rural element to the existing neighborhood. In
addition, Public Works has waived the intersection offset requirement since this will be a
private cul-de-sac (easement) treated like a driveway with Whispering Sands Drive
addresses for the four lots once subdivided. Although the cul-de-sac will be a private
drive, the cul-de-sac will be constructed to public street standards per Title 19.

NE
VAR-71548 and VAR-71549 [PRJ-71448]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

Due to the dedication of right-of-way along Jones Boulevard, the subject site was
reduced in size preventing the subject site from being subdivided into four 20,000
square-foot lots. To account for the loss of square-footage, the applicant reduced the
size of the rear knuckle lots by approximately 1,145 square feet each. Staff finds this
deviation request for two of the four lots to be minimal in nature and is recommending
approval of both requests.

FINDINGS (VAR-71548 and VAR-71549)

In accordance with the provisions of Title 19.16.140(B), Planning Commission and City
Council, in considering the merits of a Variance request, shall not grant a Variance in
order to:

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

Evidence of a unique or extraordinary circumstance has been presented in the applicant


has incurred a hardship by the dedication of a portion of the western edge of the site for
right-of-way (Jones Boulevard). In view of this hardship imposed by the loss of property
due to the dedication of right-of-way, it is concluded that the applicants hardship is not
preferential in nature, and it is thereby within the realm of NRS Chapter 278 for granting
of Variances and staff is recommending approval of both Variance requests.

NE
VAR-71548 and VAR-71549 [PRJ-71448]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The City Council approved a request for a Special Use Permit (SUP-
4933) to allow a private street for a proposed three-lot single-family
residential development adjacent to the southeast corner of Jones
Boulevard and Whispering Sands Drive. The Planning Commission
and Staff recommended approval.
10/20/04 The City Council approved a request for a Variance (VAR-4934) to
allow a lot width of 99 feet where 100 feet is the minimum width
required for a proposed three-lot single-family residential development
on 1.79 acres adjacent to the southeast corner of Jones Boulevard
and Whispering Sands Drive. The Planning Commission and Staff
recommended approval.

Most Recent Change of Ownership


05/03/17 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#177506) was issued for a sign (tag #11917) at
12/08/10
7806 North Jones Boulevard. The permit is currently open.
A building permit (#211913) was issued for a sign (tag #12620) at
05/24/12
7806 North Jones Boulevard. The permit is currently open.

Pre-Application Meeting
Staff conduction a pre-application meeting where the development
08/16/17
requirements for a four-lot cul-de-sac were discussed.

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

Field Check
Staff observed the undeveloped site during a routine field check.
08/31/17
Nothing of concern was noted by staff.

NE
VAR-71548 and VAR-71549 [PRJ-71448]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres 1.79

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family, R (Rural Density R-E (Residence
Property Detached Residential) Estates)
R-PD3 (Residential
Single Family, R (Rural Density
North Planned Development
Detached Residential)
3 Units Per Acre)
Single Family, R (Rural Density R-E (Residence
South
Detached Residential) Estates)
Single Family, R (Rural Density R-E (Residence
East
Detached Residential) Estates)
DR (Desert Rural R-E (Residence
West Undeveloped
Density Residential) Estates)

Master and Neighborhood Plan Areas Compliance


Northwest Open Space Plan Y
Centennial Hills Sector Plan Y
Special Area and Overlay Districts Compliance
RP-O (Rural Preservation Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

NE
VAR-71548 and VAR-71549 [PRJ-71448]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to Title 19.06, the following standards apply:


Standard Required/Allowed Provided Compliance
Minimum Lot Size for Lot 1 20,000 SF 20,003 SF Y
Minimum Lot Size for Lot 2 20,000 SF 20,002 SF Y
Minimum Lot Size for Lot 3 20,000 SF 18,855 SF N*
Minimum Lot Size for Lot 4 20,000 SF 18,854 SF N*
Minimum Lot Width for Lot 1 100 Feet 148 Feet Y
Minimum Lot Width for Lot 2 100 Feet 148 Y
Minimum Lot Width for Lot 3 100 Feet 130 Y
Minimum Lot Width for Lot 4 100 Feet 132 Y
*The applicant is requesting a Variance to allow a reduction of the minimum lot size
required in the R-E (Residence Estates) zoning district.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Whispering
Local Title 13 32 Y
Sands Drive
Jones Master Plan of Streets
Primary Arterial 105 Y
Boulevard and Highways

NE
VAR-71548



VAR-71548

VAR-71548 and VAR-71549


VAR-71548 [PRJ-71448] - VARIANCE RELATED TO VAR-71549 - APPLICANT/OWNER: STOCK HOUSE, LLC
SOUTHEAST CORNER OF WHISPERING SANDS DRIVE AND JONES BOULEVARD
08/31/2017
VAR-71548 [PRJ-71448] - VARIANCE RELATED TO VAR-71549 - APPLICANT/OWNER: STOCK HOUSE, LLC
SOUTHEAST CORNER OF WHISPERING SANDS DRIVE AND JONES BOULEVARD
08/31/2017
VAR-71548 [PRJ-71448] - VARIANCE RELATED TO VAR-71549 - APPLICANT/OWNER: STOCK HOUSE, LLC
SOUTHEAST CORNER OF WHISPERING SANDS DRIVE AND JONES BOULEVARD
08/31/2017
VAR-71548 [PRJ-71448] - VARIANCE RELATED TO VAR-71549 - APPLICANT/OWNER: STOCK HOUSE, LLC
SOUTHEAST CORNER OF WHISPERING SANDS DRIVE AND JONES BOULEVARD
08/31/2017
VAR-71548 [PRJ-71448] - VARIANCE RELATED TO VAR-71549 - APPLICANT/OWNER: STOCK HOUSE, LLC
SOUTHEAST CORNER OF WHISPERING SANDS DRIVE AND JONES BOULEVARD
08/31/2017
VAR-71548 [PRJ-71448] - VARIANCE RELATED TO VAR-71549 - APPLICANT/OWNER: STOCK HOUSE, LLC
SOUTHEAST CORNER OF WHISPERING SANDS DRIVE AND JONES BOULEVARD
08/31/2017
77b7
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=7
77b7
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7A77=77b

VAR-71548 and VAR-71549


Agenda Item No.: 65.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71549 - VARIANCE RELATED TO VAR-71548 - PUBLIC HEARING -
APPLICANT/OWNER: STOCK HOUSE, LLC - For possible action on a request for a Variance
TO ALLOW A LOT SIZE OF 18,854 SQUARE FEET WHERE 20,000 SQUARE FEET IS
REQUIRED ON LOT 4 OF A PROPOSED FOUR-LOT SINGLE-FAMILY RESIDENTIAL
SUBDIVISION on 1.79 acres at the southeast corner of Whispering Sands Drive and Jones
Boulevard (APN 125-13-201-001), R-E (Residence Estates) Zone, Ward 6 (Fiore) [PRJ-71448].
Staff recommends APPROVAL.

C.C.: 11/15/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAR-71549



VAR-71549


Agenda Item No.: 66.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71504 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: GABRIEL CULP -
For possible action on a request for a Variance TO ALLOW A 10-FOOT TALL FENCE IN THE
FRONT YARD SETBACK WHERE FIVE FEET IS THE MAXIMUM ALLOWED AND TO
ALLOW A 10-FOOT TALL SOLID WALL ALONG THE SIDE AND REAR PROPERTY
LINES WHERE EIGHT FEET IS ALLOWED on 0.50 acres at 1300 C Street (APN 139-27-111-
066), C-2 (General Commercial) Zone, Ward 5 (Barlow) [PRJ-71456]. Staff recommends
DENIAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
VAR-71504 [PRJ-71456]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: GABRIEL CULP

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71504 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 12

NOTICES MAILED 207

PROTESTS 0

APPROVALS 0

NE
VAR-71504 [PRJ-71456]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71504 CONDITIONS

Planning

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

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

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

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

Public Works

5. The proposed wall shall not be constructed in the public right-of-way.

6. Submit a License Agreement for landscaping and private improvements in the C


Street and Monroe 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).

NE
VAR-71504 [PRJ-71456]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Variance to allow the construction of a 10-foot tall CMU (Concrete
Masonry Wall) along the north, south, and east perimeters where 8 feet is the maximum
height allowed; and a ten-foot tall wrought iron fence along the west perimeter where 5
feet is the maximum height allowed.

ISSUES

A Variance is required to allow 10-foot tall perimeter walls for the north, south,
and east perimeters where 8 feet is the maximum allowed in the C-2 (General
Commercial) zoning district.
A Variance is required to allow a 10-foot tall wrought iron fence for the west
perimeter (front) where 5 feet is the maximum height allowed in the C-2 (General
Commercial) zoning district.

ANALYSIS

Located on the northeast corner of Monroe Avenue and C Street, the subject site currently
contains a building in the southwest corner of the site. As mentioned in the justification
letter, the applicant intends to construct a new building on the site, but in the meantime
would like to secure the site with the proposed 10-foot tall CMU decorative wall along the
north, south, and east perimeters, with a 10-foot tall decorative wrought iron fence along
the east perimeter.

The CMU wall would contain 24-inch pilasters every 18 feet on center, with the top 24-
inches of the wall containing split face CMU for a decorative effect and to meet the 20
percent contrasting material set forth by Title 19 for CMU perimeter walls. The wrought
iron proposed for the east perimeter would contain an ornamental finial (top) every seven
feet with three rows of horizontal iron for structural stability. Entry to the site would be
provided by a pedestrian gate adjacent to C Street, or the front of the site, and a larger
gate along the north perimeter adjacent to the alley, to allow vehicular traffic onto the site.

Title 19 allows a maximum height of eight feet for perimeter walls and fences along the
side and rear property lines, and only five feet for the front property line. Since the subject
site is a corner lot, Title 19 defines the front property line of a corner lot as the side that
fronts on a street or drive and has the lesser dimension in width as the front of the lot. In
this instance, the frontage along C Street is the front.
NE
VAR-71504 [PRJ-71456]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

Title 19 also prohibits solid screen walls from being constructed in the front yard of a
commercial or industrial property. Alternatively, Title 19 allows a maximum height of 5
feet, with only the bottom 2 feet permitted to be solid and the remaining 3 feet to be 50
percent open. The applicant has proposed a ten-foot tall wrought iron decorative fence
for the front of the property. The proposed wrought iron fence would not contain the 2-
foot solid base and would be provide the 50 percent open component required by Title
19.

While it is not required as part of this request, the applicant has demonstrated on the
site plans landscape plantings along the west and south perimeter adjacent to the right-
of-way. As stated in the justification letter, the applicant intends on developing the site in
the future and would like to install the landscaping in conjunction with the perimeter
walls and fence. Required landscape buffers will be addressed when the applicant
proposes development for the subject site in the future.

Staff finds the requested Variance requests to be a self-imposed hardship and is


recommending denial of both requests.

FINDINGS (VAR-71504)

In accordance with the provisions of Title 19.16.140(B), Planning Commission and City
Council, in considering the merits of a Variance request, shall not grant a Variance in
order to:

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by proposing perimeter walls that exceed

NE
VAR-71504 [PRJ-71456]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

the maximum height allowed within the C-2 (General Commercial) zoning district.
Proposing a wall height that conforms to Title 19 requirements would allow conformance
and not require a Variance. In view of the absence of any hardships imposed by the
sites physical characteristics, it is concluded that the applicants hardship is preferential
in nature, and it is thereby outside the realm of NRS Chapter 278 for granting of
Variances.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


There are no relevant City actions for the subject site.

Most Recent Change of Ownership


07/19/17 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


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

Pre-Application Meeting
Staff conducted a pre-application meeting where the landscape buffer
08/17/17
standards and wall height limitations were discussed.

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

Field Check
During a routine field check performed by staff several storage
containers were noted on site. On top of one of the storage containers
was part of a large vehicle, and wooden pallets were observed
08/31/17 discarded on the site. Outdoor storage is permitted as an accessory
use in the C-2 (General Commercial) zoning district, and it must be
screened. The site has been reported to Code Enforcement for further
investigation.

NE
VAR-71504 [PRJ-71456]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres 0.50

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject C-2 (General
Vacant MXU (Mixed Use)
Property Commercial)
C-2 (General
North Multi-Family MXU (Mixed Use)
Commercial)
R-3 (Medium Density
South Multi-Family MXU (Mixed Use)
Residential)
R-4 (High Density
East Multi-Family MXU (Mixed Use)
Residential)
Single Family, C-2 (General
West MXU (Mixed Use)
Detached Commercial)

Master and Neighborhood Plan Areas Compliance


West Las Vegas Plan Y
West Las Vegas Walkable Community Plan Y
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District - 175 Feet Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Downtown Redevelopment Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

NE
VAR-71504 [PRJ-71456]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to Title 19.08, the following standards apply:


Wall Height
Maximum Proposed Compliance
Perimeter Material Height Height
Allowed
CMU
North 8 Feet 10 Feet N*
(Concrete Masonry Unit)
CMU
South 8 Feet 10 Feet N*
(Concrete Masonry Unit)
West Wrought Iron 5 Feet 10 Feet N*
CMU
East 8 Feet 10 Feet N*
(Concrete Masonry Unit)
*The applicant has proposed 10-foot tall perimeter walls for the north, south, and east
perimeters where 8 feet is the maximum allowed; and a 10-foot tall wrought iron fence for the
west perimeter where 5 feet is the maximum height allowed.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
C Street Local Street Title 13 52 Y
Monroe Avenue Local Street Title 13 52 Y

NE
VAR-71504



VAR-71504

VAR-71504

VAR-71504
VAR-71504 [PRJ-71456] - VARIANCE - APPLICANT/OWNER: GABRIEL CULP
1300 C STREET
08/31/2017
VAR-71504 [PRJ-71456] - VARIANCE - APPLICANT/OWNER: GABRIEL CULP
1300 C STREET
08/31/2017
VAR-71504 [PRJ-71456] - VARIANCE - APPLICANT/OWNER: GABRIEL CULP
1300 C STREET
08/31/2017
VAR-71504 [PRJ-71456] - VARIANCE - APPLICANT/OWNER: GABRIEL CULP
1300 C STREET
08/31/2017
VAR-71504 [PRJ-71456] - VARIANCE - APPLICANT/OWNER: GABRIEL CULP
1300 C STREET
08/31/2017
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VAR-71504
Agenda Item No.: 67.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71520 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: CHARLESTON
PLACE, LLC - For possible action on a request for a Variance TO ALLOW 44 PARKING
SPACES WHERE 60 SPACES ARE REQUIRED on 0.97 acres at 3300 and 3312 West
Charleston Boulevard (APN 139-32-402-007), C-D (Designed Commercial) Zone, Ward 1
(Tarkanian) [PRJ-71342]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 2 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcards
VAR-71520 [PRJ-71342]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CHARLESTON PLACE, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71520 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 22

NOTICES MAILED 169

PROTESTS 2

APPROVALS 0

JB
VAR-71520 [PRJ-71342]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71520 CONDITIONS

Planning

1. Conformance to the approved conditions for Plot Plan Review (Z-0094-76).

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

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

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

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

JB
VAR-71520 [PRJ-71342]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Variance to allow 44 parking spaces where 60 parking spaces
are required for a commercial development at 3300 and 3312 West Charleston
Boulevard.

ISSUES

A Variance is required to allow 44 parking spaces where 60 parking spaces are


required. Staff recommends denial of the request.

ANALYSIS

The 13,754 square-foot commercial development located at the subject site was
previously utilized as an Office other than listed land use. The applicant has proposed to
utilize the site with a combination of General Retail, Office other than listed and Medical
Office land uses.

Per the submitted site plan the subject site currently has two structures. Building A is a
total of 5,166 square feet; and will be comprised of a 1,976 square-foot retail pharmacy
and 3,190 square-foot Office other than listed land use. Building B is a total of 8,588
square feet; and will be comprised of a 4,934 square-foot Office other than listed and
3,654 square-foot Medical Office land use.

The conversion from Office other than listed to General Retail and Medical Office land
use intensifies the required parking on-site. If the application is denied, the 13,754
square-foot commercial development cannot be utilized as a General Retail and
Medical Office land use. Since the subject location can be utilized with a land use with a
less intense parking requirement, staff has determined that the proposed Variance is
self-imposed; therefore, staff recommends denial.

FINDINGS (VAR-66516)

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-71520 [PRJ-71342]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by proposing to add a land use which
requires additional parking on the subject site. A less intense land use would allow
conformance to the Title 19 requirements. In view of the absence of any hardships
imposed by the sites physical characteristics, it is concluded that the applicants
hardship is preferential in nature, and it is thereby outside the realm of NRS Chapter
278 for granting of Variances.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc


The Planning Commission approved a request for a Plot Plan Review
02/25/86 (Z-0094-76) to remodel existing office on property located at 3312
West Charleston Boulevard.
The City Council approved a request for a General Plan Amendment
(GPA-0047-01) to amend portions of the Southeast Sector map of the
General Plan in the general vicinity of the Charleston
Boulevard/Rancho Drive intersection from SC (Service Commercial) to
06/19/02 O (Office); from R (Rural Density Residential) to DR (Desert Rural
Density Residential); from O (Office) to DR (Desert Rural Density
Residential) and; from L (Low Density Residential) to DR (Desert Rural
Density Residential) in accordance with the recommendations of the
Rancho Charleston Land Use Study and Strategic Plan.

JB
VAR-71520 [PRJ-71342]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

Most Recent Change of Ownership


06/09/17 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A business license (#T07-00206) was issued for a Travel & Ticket
01/01/51 Agency (CSAA Travel Agency) located at 3312 West Charleston
Boulevard. The license is still active.
A business license (#I14-00129) was issued for an Insurance Agency
04/16/03 (American Automobile Association) located at 3312 West Charleston
Boulevard. The license is still active.
A Code Enforcement case (#108943) was processed for graffiti on
01/04/12 buildings and utility boxes at 3312 West Charleston Boulevard. The
case was resolved on 01/05/12.
A building permit (#214597) was processed for on-site improvements
06/28/12 (AAA Nor Cal Nevada & Utah) at 3312 West Charleston Boulevard.
The permit has not been issued.
A building permit (#214598) was issued for tenant improvements (AAA
08/09/12 Nor Cal Nevada & Utah) at 3312 West Charleston Boulevard. The
permit was finalized on 08/15/12.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the
submittal process for a parking Variance related to a proposed
08/02/17
General Retail, Office other than listed and Office, Medical or Dental
land uses.

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

Field Check
During a routine site inspection staff observed a well maintained
08/31/17
commercial development.

Details of Application Request


Site Area
Gross Acres 0.97

JB
VAR-71520 [PRJ-71342]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Office, Other than C-D (Designed
O (Office)
Property Listed Commercial)
Church/House of R-E (Residence
North O (Office)
Worship Estates)
C-D (Designed
South Medical Offices O (Office)
Commercial)
Social Service C-D (Designed
East O (Office)
Provider Commercial)
Church/House of R-E (Residence
West O (Office)
Worship Estates)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District (175 Feet) Y
CD-O (Designed Commercial Overlay) District Y
RP-O (Rural Preservation Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Y
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Charleston Planned Streets and
Primary Arterial 100 Feet Y
Boulevard Highways Map
Cashman Drive Local Street Title 13 60 Feet Y

JB
VAR-71520 [PRJ-71342]
Staff Report Page Five
October 10, 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
General
Retail 1,976 SF 1:175 12
(Building A)
Office, Other
than Listed 3,190 SF 1:300 11
(Building A)
Office, Other
than Listed 4,934 SF 1:300 17
(Building B)
1:200 up to
Office,
2,000 SF
Medical or
3,654 SF 1:175 20
Dental
gross
(Building B)
remaining
TOTAL SPACES REQUIRED 60 44 N*
Regular and Handicap Spaces Required 57 3 42 2 N*
Percent Deviation 27%

JB
VAR-71520



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VAR-71520
VAR-71520 [PRJ-71342] - VARIANCE - APPLICANT/OWNER:CHARLESTON PLACE, LLC
3312 WEST CHARLESTON BOULEVARD
08/31/2017
VAR-71520 [PRJ-71342] - VARIANCE - APPLICANT/OWNER:CHARLESTON PLACE, LLC
3312 WEST CHARLESTON BOULEVARD
08/31/2017
VAR-71520 [PRJ-71342] - VARIANCE - APPLICANT/OWNER:CHARLESTON PLACE, LLC
3312 WEST CHARLESTON BOULEVARD
08/31/2017
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VAR-71520
Agenda Item No.: 68.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71532 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: JAC LINDELL -
For possible action on a request for a Variance TO ALLOW A ZERO-FOOT REAR AND SIDE
YARD SETBACK WHERE THREE FEET IS REQUIRED; A TWO-FOOT SEPARATION
FROM THE PRINCIPAL DWELLING WHERE SIX FEET IS REQUIRED; A HEIGHT OF 14
FEET WHERE 11 FEET IS ALLOWED AND TO ALLOW THE STRUCTURE TO BE 1,080
SQUARE FEET WHERE 992 SQUARE FEET IS THE MAXIMUM ALLOWED FOR AN
EXISTING ACCESSORY STRUCTURE (CLASS II) [GARAGE] on 0.21 acres at 104 South
Mallard Street (APN 138-36-115-032), R-1 (Single Family Residential) Zone, Ward 1
(Tarkanian) [PRJ-71336]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
VAR-71532 [PRJ-71336]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: JAC LINDELL

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71532 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 24

NOTICES MAILED 303

PROTESTS 0

APPROVALS 0

CS
VAR-71532 [PRJ-71336]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71532 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-71532 [PRJ-71336]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is requesting a Variance for an existing garage that exceeds the
maximum size allowed and is located within required setback areas on property located
at 104 South Mallard Street.

ISSUES

The applicant is requesting a Variance to allow a two-foot distance separation


between the garage and the main building where six feet is required. Staff does
not support this request.
The applicant is requesting a Variance to allow a zero-foot rear and side yard
setback where three feet is required. Staff does not support this request.
The applicant is requesting a Variance to allow a 1,080 square-foot Accessory
Structure (Class II) where 992 square feet is the maximum size allowed. Staff
does not support this request.
The applicant is requesting a Variance to allow a 14-foot tall Accessory Structure
(Class II) where 11 feet is the maximum height allowed. Staff does not support
this request.
This application is a result of Code Enforcement Case #180586.

ANALYSIS

The subject site is located within a residential subdivision with a zoning designation of
R-1 (Single Family Residential). The lot is approximately 9,100 square feet in size and
has an irregular trapezoid shape. Code Enforcement issued Case #180586 on 07/11/17
for the subject Accessory Structure (Class II) being constructed without a building
permit. The applicant is requesting a Variance, as the existing structure does not meet
the following minimum Title 19 development standard requirements:
A rear and side yard setback of zero feet where three feet is required
A separation of two feet from the principal dwelling where six feet is required
A height of 14 feet where 11 feet is allowed
And the size of the structure to be 1,080 square feet where 992 square feet is the
maximum size allowed.

Per the submitted justification letter, the size of the structure is needed in for the storage
of classic vehicles and tools. On a routine field check, staff found the subject accessory
structure to be aesthetically compatible with the principal dwelling as both structures are
painted in a similar shade of green.
CS
VAR-71532 [PRJ-71336]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

While the subject accessory structure is located on a residentially zoned lot with an
irregular shape, it is too large and intense for the existing residential neighborhood as
evidenced by the number of variances requested; therefore, staff recommends denial.

FINDINGS (VAR-71532)

In accordance with the provisions of Title 19.16.140(B), Planning Commission and City
Council, in considering the merits of a Variance request, shall not grant a Variance in
order to:

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by constructing an Accessory Structure
(Class II) [garage] without a building permit. Obtaining a building permit prior to
construction may have led to compliance with Title 19 requirements. While the site does
have an odd shape, staff finds that the structure is too large and intense for the subject
property and the residential lot has been overbuilt as evidenced by the multiple
Variances requested. It is concluded that the applicants hardship is preferential in
nature, and it is thereby outside the realm of NRS Chapter 278 for granting of
Variances.

CS
VAR-71532 [PRJ-71336]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


Code Enforcement issued Case #169972 for excessive weeds and
08/23/16
dead grass. The case was resolved on 09/08/16.
Code Enforcement issued Case #180586 for the subject unpermitted
07/11/17 garage. The case remains open as the applicant goes through the
Variance process.

Most Recent Change of Ownership


06/09/17 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no related building permits/business licenses on file.

Pre-Application Meeting
Staff conducted a pre-application meeting with the applicant where the
08/02/17
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 existing garage on
the north side of the property. The structure was aesthetically
08/31/17
compatible to the principal dwelling and appeared to be large in
comparison to the other accessory structures in the neighborhood.

Details of Application Request


Site Area
Net Acres 0.21

CS
VAR-71532 [PRJ-71336]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family, L (Low Density R-1 (Single Family
Property Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
North
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
South
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
East
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
West
Detached Residential) Residential)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
A-O (Airport Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Pursuant to Title 19.06, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size 6,500 SF 9,147 SF Y
Min. Lot Width 60 Feet 89 Feet Y
Min. Setbacks for Accessory
Structures
Side 3 Feet 0 Feet N*
Rear 3 Feet 0 Feet N*
Min. Distance Between Buildings 6 Feet 2 Feet N*
Max. Lot Coverage 50 % 33 % Y

CS
VAR-71532 [PRJ-71336]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

Standard Required/Allowed Provided Compliance


Max. Accessory Structure Size
(50% of the floor area of the
principal dwelling unit) 992 SF 1,080 SF N*
Max. Building Height 11 Feet 14 Feet N*
*The applicant has requested Variances for the setbacks, size and height of the subject
accessory structure.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Title 19.04
Mallard Street Minor Collector Complete Streets 60 Feet Y

CS
VAR-71532



CLV Planning - Application Form
Application Number: PRJ-71336

Application/Petition For: PRJ- 71336 - VAR

ProjectAddress (Location): 104 S. MALLARD S

Project Name JACS LIFE GARAGE VARIANCE

Assessors Parcel #(s): 13836115032

Ward #: WARD 1 (LOIS TARKANIAN)

Is the Application Information Yes


Correct:
If no, ...change what

General Plan Designation: Proposed: Select

Zoning District: Proposed: Select

Gross Acres:

Lots/Units:

Additional Information:

Applicant First Name: jac

Applicant Last Name: lindell

Applicant Address: 104 south mallard st

Applicant City: las vegas

Applicant State: nv

Applicant Zip: 89107

Applicant Phone: 702-595-6937

Applicant Fax:

Applicant Email: jaclindell@aol.com

Rep First Name: jac

Rep Last Name: lindell

Rep Address: 104 south mallard st

Rep City: las vegas

Rep State: nv

Rep Zip: 89107

Rep Phone: 702-595-6937

Rep Fax:

Rep Email: jaclindell@aol.com

8/31/2017 2:08:23 PM VAR-71532 Page 1 of 2


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

If no, ...change what

Owner(s) ADDR1 ADDR2


LINDELL JAC 104 SOUTH MALLARD ST LAS VEGAS, NV 89107

CLVEPLAN Applicant Company Title Email


jac lindell retired mr jaclindell@aol.com

VAR-71532
8/31/2017 2:08:23 PM Page 2 of 2

VAR-71532
VAR-71532


VAR-71532


VAR-71532



VAR-71532
VAR-71532 [PRJ-71336] - VARIANCE - APPLICANT/OWNER: JAC LINDELL
104 SOUTH MALLARD STREET
08/31/2017
VAR-71532 [PRJ-71336] - VARIANCE - APPLICANT/OWNER: JAC LINDELL
104 SOUTH MALLARD STREET
08/31/2017
VAR-71532 [PRJ-71336] - VARIANCE - APPLICANT/OWNER: JAC LINDELL
104 SOUTH MALLARD STREET
08/31/2017

VAR-71532

VAR-71532

VAR-71532
Agenda Item No.: 69.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71552 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
DRAGON 7 HENDERSON PROPERTIES, LLC - For possible action on a request for a Special
Use Permit FOR A BEER/WINE/COOLER OFF-SALE ESTABLISHMENT USE at the
southwest corner of Washington Avenue and Martin L. King Boulevard (APN 139-28-313-001),
C-1 (Limited Commercial) Zone, Ward 5 (Barlow) [PRJ-71460]. Staff recommends
APPROVAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 1 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - SUP-71552 and SDR-71554 [PRJ-71460]
2. Special Map
3. Conditions and Staff Report - SUP-71552 and SDR-71554 [PRJ-71460]
4. Supporting Documentation - SUP-71552 and SDR-71554 [PRJ-71460]
5. Photo(s) - SUP-71552 and SDR-71554 [PRJ-71460]
6. Justification Letter - SUP-71552 and SDR-71554 [PRJ-71460]
7. Protest Postcard for SUP-71552 and SDR-71554 [PRJ-71460]
SUP-71552 and SDR-71554 [PRJ-71460]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: DRAGON 7 HENDERSON
PROPERTIES, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71552 Staff recommends APPROVAL, subject to conditions:

SDR-71554 Staff recommends APPROVAL, subject to conditions: SUP-71552

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 22

NOTICES MAILED 352 - SUP-71552 and SDR-71554

PROTESTS 1 - SUP-71552 and SDR-71554

APPROVALS 0 - SUP-71552 and SDR-71554

FS
SUP-71552 and SDR-71554 [PRJ-71460]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71552 CONDITIONS
Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Beer,
Wine, Cooler Off-Sale Establishment use.

2. Approval of and conformance to the Conditions of Approval for Site Development


Plan Review (SDR-71554) shall be required.

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

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

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

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

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

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

SDR-71554 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-71552) shall be required, if approved.

FS
SUP-71552 and SDR-71554 [PRJ-71460]
Conditions Page Two
October 10, 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 development shall be in conformance with the site plan, landscape plan, and
building elevations, date stamped 08/28/17 except as amended by conditions
herein.

4. A Waiver from Title 19.08 is hereby approved, to allow the buildings to not be
oriented to the corner and street frontage where such is required

5. An Exception from Title 19.08 parking lot landscaping standards is hereby


approved, to allow the parking area adjacent to the north side of the convenience
store building to not have a landscape island at the end of the parking row where
such is required.

6. All mechanical equipment, utility installations, and trash receptacles shall be


screened per Title 19.08 requirements.

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

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

9. A 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 order to provide continuity with adjacent improvements, a five-foot wide public
street light easement shall be granted along the property line adjacent to Sunny
Place. Street lights along Sunny Place are required.

FS
SUP-71552 and SDR-71554 [PRJ-71460]
Conditions Page Three
October 10, 2017 - Planning Commission Meeting

13. No sidewalk is required along Sunny Place although curb and gutter are required.
If a wall is installed at back of curb, a street light maintenance setback must be
provided in accordance to USD DWG NO. 320.1

14. Remove all unused driveways and 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 to the satisfaction of the City Engineer concurrent
with development of this site. All existing paving damaged or removed by this
development shall be restored at its original location and to its original width
concurrent with development of this site.

15. Landscape and maintain all unimproved right-of-way adjacent to this site on
Washington Avenue and Martin L. King Boulevard. 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.

16. Submit a License Agreement for landscaping and private improvements in the
Washington Ave and Martin L. King Blvd public right-of-ways 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 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).

17. Meet with City Engineers design section with regards the Washington Avenue
storm Drain - Martin L. King Boulevard to Rancho Drive.

18. 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.

FS
SUP-71552 and SDR-71554 [PRJ-71460]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The request is for a 5,775 square-foot retail development consisting of a 2,940 square-
foot convenience store with fuel pumps, and a 2,835 square foot retail building at the
southwest corner of Martin L. King Boulevard and Washington Avenue.

ISSUES

A Special Use Permit is required for a Beer, Wine, Cooler Off-Sale Establishment
use in the C-1 (Limited Commercial) zoning district. Staff recommends approval
of the request.
A Site Development Plan Review for a 5,775 square-foot retail development is
being requested. Staff recommends approval of the request.
A Waiver from Title 19.08 is being requested to allow the buildings to not be
oriented to the corner and street frontage where such is required. Staff
recommends approval of the request.
An Exception from Title 19.08 parking lot landscaping standards is being
requested to allow one fewer landscape island at the end of a parking row where
required by code. Staff recommends approval of the request.

ANALYSIS

The request is for a 5,775 square-foot retail development located at the southwest
corner of Martin L. King Boulevard and Washington Avenue. There are two buildings
on the site intended for use as a convenience store with fuel pumps and a retail
building. The convenience store totals 2,940 square feet of floor area, and the retail
building totals 2,835 square feet of floor area. The retail building includes a drive-
through that is properly screened and meets all Title 19.08 requirements. The site
receives access via a drive from Washington Avenue, and two drives from Martin L.
King Drive. Thirty-five onsite parking spaces are provided where 33 are required. The
applicant is requesting a Waiver from Title 19.12 development standards to allow the
building to not be oriented to the corner and street frontage where such is required. The
waiver request is justified as it will allow for better access and circulation for the
proposed convenience store and associated fuel canopies.

The landscape plan indicates landscaping that meets or exceeds Title 19.08 standards
along the perimeter of the development. The plan depicts a 15-foot landscape buffer
area along all street frontages as required, and a 15-foot buffer area along the south

FS
SUP-71552 and SDR-71554 [PRJ-71460]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

property line where eight feet is required. 25-foot Mexican Fan Palms are planted 20
feet on-center along the Martin L. King frontage, and 24-inch box Chinese Pastiche are
planted 20 feet on center along the remainder of the property. The required shrubs and
ground covers are indicated as required on the plan.

An Exception to Title 19.08 Parking Lot Landscape Standards has been requested to
allow one less landscape island than is required by code. A landscaped island planted
with a 24-inch box tree and four five-gallon shrubs is required at the end of the parking
row along the north side of the proposed convenience store building. This exception is
justified as the overall number of trees adjacent to the provided parking exceeds the
number required by code (8 required vs 12 provided), and the reduction of one parking
lot island at the end of the parking row will not have a detrimental effect on the
appearance of the overall development.

The building elevations indicate two buildings identified as a future convenience store
and a retail building. Both buildings are 22 feet tall and have a flat roof with a parapet to
screen rooftop equipment. The exteriors consist of stucco, stone veneer, and standard
storefront glazing.

To the north and west of the site are residential parcels zoned R-E (Residence Estates).
Per Title 19.08, Residential Adjacency Standards apply to both of the aforementioned
property lines. The site meets the 3 to 1 proximity slope requirements along both
property lines. The convenience store building is the nearest structure to the protected
property to the east and it meets the requirement with a setback of 66 feet where 66
feet is required. The fuel canopy is the nearest structure to the northern property line,
and it is setback 130 feet from the protected property to the north where 54 feet is the
minimum required. The nearest trash enclosure is 86 feet from the protected property
to the west where 50 feet is the minimum required.

A Special Use Permit is required for a Beer, Wine, Cooler Off-Sale Establishment use in
the C-1 (Limited Commercial) zoning district. The Beer, Wine, Cooler Off-sale
Establishment use is defined as An establishment whose license to sell alcoholic
beverages is limited to the sale of beer, wine and coolers to consumers only and not for
resale, in original sealed or corked containers, for consumption off the premises where
business is conducted, and is operated in connection with a grocery store, drugstore,
convenience store, restaurant or general retail store. The subject site meets all Title
19.12 requirements for a Beer, Wine, Cooler Off-Sale Establishment.

The Minimum Special Use Permit Requirements for this use include:

*1. Except as otherwise provided, no beer/wine/cooler off-sale establishment


(hereinafter establishment) shall be located within 400 feet of any church/house
of worship, school, individual care center licensed for more than 12 children, or
City park.

FS
SUP-71552 and SDR-71554 [PRJ-71460]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

The proposed use meets this requirement; there are no protected uses within 400 feet
of the proposed use. There is a community center (Boys and Girls Club) directly across
Martin L. King Boulevard to the east of the subject parcel; however, community centers
are not considered a protected use in regard to the Beer, Wine, Cooler Off-sale
Establishment use.

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


Requirement 1 shall be determined with reference to the shortest distance
between two property lines, one being the property line of the proposed
establishment which is closest to the existing use to which the measurement
pertains, and the other being the property line of that existing use which is closest
to the proposed establishment. The distance shall be measured in a straight line
without regard to intervening obstacles. For purposes of measurement, the term
property line refers to property lines of fee interest parcels and does not include
the property line of:

a. Any leasehold parcel; or


b. Any parcel which lacks access to a public street or has no area for
on-site parking and which has been created so as to avoid the
distance limitation described in Requirement 1.

This requirement is met, as the distance separation requirements were measured as


described.

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


acres in size, the minimum distances referred to in Requirement 1 shall be
measured in a straight line:

a. From the nearest property line of the existing use to the nearest
portion of the structure in which the establishment will be located,
without regard to intervening obstacles; or
b. In the case of a proposed establishment which will be located within
a shopping center or other multiple tenant structure, from the nearest
property line of the existing use to the nearest property line of a
leasehold or occupancy parcel in which the establishment will be
located, without regard to intervening obstacles.

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

FS
SUP-71552 and SDR-71554 [PRJ-71460]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

4. When considering a Special Use Permit application for an establishment which


also requires a waiver of the distance limitation in Requirement 1, the Planning
Commission shall take into consideration the distance policy and shall, as part of
its recommendation to the City Council, state whether the distance requirement
should be waived and the reasons in support of the decision.

This requirement does not apply to the proposed use, as no distance separation Waiver
is necessary.

5. The minimum distance requirements in Requirement 1 do not apply to: a. An


establishment which has a nonrestricted gaming license in connection with a
hotel having 200 or more guest rooms on or before July 1, 1992 or in connection
with a resort hotel having in excess of 200 guest rooms after July 1, 1992; or b. A
proposed establishment having more than 50,000 square feet of retail floor
space.

Neither of the above conditions apply to the proposed use.

*6. All businesses which sell alcoholic beverages shall conform to the provisions of
LVMC Chapter 6.50.

A condition of approval has been added to ensure this requirement is met.

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


otherwise nonwaivable under the provisions of LVMC 19.12.050(C), may be
waived:

a. In accordance with the provisions of LVMC 19.12.050(C) for any


establishment which is proposed to be located on a parcel within the
Downtown Casino Overlay District;
b. In accordance with the applicable provisions of the Town Center
Development Standards Manual for any establishment which is
proposed to be located within the T-C (Town Center) Zoning District
and which is designated MS- TC (Main Street Mixed Use) in the
Town Center Land Use Plan;
c. In connection with a proposed establishment having between 20,000
square feet and 50,000 square feet of retail floor space, if no more
than 10 percent of the retail floor space is regularly devoted to the
display or merchandising of alcoholic beverages; or
d. In connection with a retail establishment having less than 20,000
square feet of retail floor space, if the area to be used for the sale,
display or merchandising of alcoholic beverages and each use to be
protected are separated by a highway or a right of way with a width
of at least 100 feet.

FS
SUP-71552 and SDR-71554 [PRJ-71460]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

This requirement is met, as no waivers are requested for the proposed use.

8. No beer/wine/cooler off-sale establishment shall be permitted on or adjacent to


the Pedestrian Mall, as defined in LVMC Chapter 11.68.

This requirement is met, as the subject site is not located on or adjacent to the
Pedestrian Mall.

The subject site is located within the Neighborhood Revitalization Area of the Las Vegas
2020 Master Plan, the Las Vegas Redevelopment Area, and the West Las Vegas
Neighborhood Plan. One common goal throughout all three plans are for viable infill
projects that benefit the area and reduce the amount of vacant and/or blighted land.
The proposed project is located at a prominent corner of the West Las Vegas area that
has been vacant for many years, and this development will further revitalization efforts
in the area. The project meets or exceeds perimeter landscape requirements, and the
project as a whole is aesthetically pleasing. The site meets all requirements for the
approval of a Special Use Permit for a Beer, Wine, Cooler, Off-Premise Sale
Establishment, meets all residential adjacency setbacks, and is appropriate for a C-1
(Limited Commercial) zoned parcel at the intersection of a primary arterial and major
collector street. With the approval of the building orientation waiver and parking lot
landscape exception, the proposal is compliant with Title 19 requirements. Staff
recommends approval of all requests.

FINDINGS (SUP-71552)

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

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


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

The proposed Beer, Wine, Cooler Off-sale Establishment meets all Title 19.12
Special Use Permit requirements and is therefore compatible with existing land
uses and future land uses as projected by the General Plan. There is a
community center (Boys and Girls Club) directly across Martin L. King Boulevard
to the east of the subject parcel; however, community centers are not considered
a protected use in regard to the Beer, Wine, Cooler Off-sale Establishment use.

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

FS
SUP-71552 and SDR-71554 [PRJ-71460]
Staff Report Page Six
October 10, 2017 - Planning Commission Meeting

The site is physically suitable for the proposed Beer, Wine, Cooler Off-sale
Establishment,

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


adequate in size to meet the requirements of the proposed use.

The site receives access from both Martin L. King Boulevard and Washington
Avenue, which are adequate in size to meet the requirements of the proposed
Beer, Wine, Cooler Off-sale Establishment use.

4. Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.

The site will be subject to licensing and inspection and therefore will not
compromise the public health, safety and general welfare.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Beer, Wine, Cooler Off-sale Establishment use meets all
requirements of Title 19.12.

FINDINGS (SDR-71554)

In order to approve a Site Development Plan Review application, per Title 19.16.100(E)
the Planning Commission and/or City Council must affirm the following:

1. The proposed development is compatible with adjacent development and


development in the area;

The proposed retail uses are appropriate for a C-1 (Limited Commercial) zoned
parcel located at the intersection of a Primary Arterial and Major Collector street.
The site also meets all residential adjacent setback requirements from the
protected properties to the north and west of the site.

2. The proposed development is consistent with the General Plan, this Title,
and other duly-adopted city plans, policies and standards;

With approval of the requested Waiver and Exception, the site is consistent with
the General Plan, this Title, and other duly-adopted city plans, policies and
standards.

FS
SUP-71552 and SDR-71554 [PRJ-71460]
Staff Report Page Seven
October 10, 2017 - Planning Commission Meeting

3. Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;

Site access does not negatively impact adjacent roadways or neighborhood traffic.

4. Building and landscape materials are appropriate for the area and for the
City;

The building and landscape materials are appropriate for the area and for the City.

5. Building elevations, design characteristics and other architectural and


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

The building elevations are not unsightly or obnoxious in appearance and are
harmonious and compatible with development in the area.

6. Appropriate measures are taken to secure and protect the public health,
safety and general welfare.

The site will be subject to licensing and inspection and therefore will not
compromise the public health, safety and general welfare.

BACKGROUND INFORMATION

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


The City Council approved the Rezoning (Z-0090-87) from R-E
(Residence Estates) to C-1 (Limited Commercial) injunction with a
10/21/87
retail center. The Planning Commission recommended approval. Land
use entitlement expired.
The City Council approved Rezoning (Z-0095-90) from R-E
(Residence Estates) to C-1 (Limited Commercial) injunction with a
10/03/90
20,658 square-foot Shopping Center. The Planning Commission
recommended approval.
The City Council approved an Extension of Time (Z-0095-90) for
Resolution of Intent (Z-0095-90) to rezone the property from R-E
10/02/91 (Residence Estates) to C-1 (Limited Commercial) injunction with a
20,658 square-foot Shopping Center. The Planning Commission
recommended approval.

FS
SUP-71552 and SDR-71554 [PRJ-71460]
Staff Report Page Eight
October 10, 2017 - Planning Commission Meeting

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


The City Council approved an Extension of Time (Z-0095-90) for
Resolution of Intent (Z-0095-90) to rezone the property from R-E
10/03/92 (Residence Estates) to C-1 (Limited Commercial) injunction with a
20,658 square-foot Shopping Center. The Planning Commission
recommended approval.
The Planning Commission approved a Plot Plan Review (Z-0095-90)
12/17/92
for a bank on the northwest corner of the shopping center.
The City Council approved an Extension of Time (Z-0095-90) for
Resolution of Intent (Z-0095-90) to rezone the property from R-E
11/04/92 (Residence Estates) to C-1 (Limited Commercial) injunction with a
20,658 square-foot Shopping Center. The Planning Commission
recommended approval of this request.
The City Council approved a Resolution of Intent [Z-0095-90 (6)] to
rezone the property from R-E (Residence Estates) to C-1 (Limited
06/07/00
Commercial) injunction with a 20,658 square-foot Shopping Center.
The Planning Commission recommended approval of this request.
A complaint was filed with Code Enforcement for trailers in the right-of-
10/29/07
way and on the vacant lot. The complaint was resolved on 11/03/07.
The Planning Commission voted to table a Variance (VAR-49497)
request for a 100-foot residential adjacency setback where 220 feet
11/12/13
was required for a Stealth Wireless Communication Facility. Staff had
recommended denial.
The Planning Commission voted to table a Special Use Permit (SUP-
11/12/13 49639) request for a 75-foot tall Stealth Wireless Communication
Facility. Staff had recommended denial.

Most Recent Change of Ownership


02/07/13 A deed was recorded for a change in ownership.

Pre-Application Meeting
A pre-application meeting was held and general Special Use Permit
08/10/17 and Site Development Plan Review submittal requirements were
discussed.

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

FS
SUP-71552 and SDR-71554 [PRJ-71460]
Staff Report Page Nine
October 10, 2017 - Planning Commission Meeting

Field Check
08/31/17 A field check was performed and the site is undeveloped.

Details of Application Request


Site Area
Net Acres 1.5

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject C-1 (Limited
Undeveloped C (Commercial)
Property Commercial)
Single Family R (Rural Density R-E (Residence
North
Residential Residential) Estates)
C-1 (Limited
South Undeveloped C (Commercial)
Commercial)
East Community Center PF (Public Facility) C-V (Civic)
Single Family R-E (Residence
West MXU (Mixed Use)
Residential Estates)

Master and Neighborhood Plan Areas Compliance


West Las Vegas Neighborhood Plan Area Y
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Y
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

FS
SUP-71552 and SDR-71554 [PRJ-71460]
Staff Report Page Ten
October 10, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to Title 19.08 the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Width 100 Feet 150 Feet Y
Min. Setbacks
Front 10 Feet 48 Feet Y
Corner (Sunny Place) 10 Feet 26 Feet Y
Corner (MLK) 10 Feet 48 Feet Y
Rear 20 Feet 33 Feet Y
Max. Lot Coverage 50 % 13 % Y
Max. Building Height 150 Feet 22 Feet Y
Screened,
Gated, w/ a
Trash Enclosure Y
Screened, Gated, w/ a Roof or
Roof or Trellis Trellis
Mech. Equipment Screened Screened Y

Residential Adjacency Standards Required/Allowed Provided Compliance


3:1 proximity slope 66 Feet 66 Feet Y
Adjacent development matching
setback 35 Feet 66 Feet Y
Trash Enclosure 50 Feet 86 Feet Y

Pursuant to Title 19.08 the following standards apply:


Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees
Buffer Trees:
North 1 Tree / 20 Linear Feet 6 Trees 6 Trees Y
South 1 Tree / 20 Linear Feet 8 Trees 8 Trees Y
East 1 Tree / 20 Linear Feet 15 Trees 16 Trees Y
West 1 Tree / 20 Linear Feet 18 Trees 18 Trees Y
TOTAL PERIMETER TREES 47 Trees 48 Trees Y
1 Tree / 6 Uncovered
Parking Area Spaces, plus 1 tree at the
8 Trees 12 Trees Y
Trees end of each row of
spaces

FS
SUP-71552 and SDR-71554 [PRJ-71460]
Staff Report Page Eleven
October 10, 2017 - Planning Commission Meeting

Landscaping and Open Space Standards


Standards Required Provided Compliance
Ratio Trees
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North 15 Feet 15 Feet Y
South 8 Feet 15 Feet Y
East 15 Feet 15 Feet Y
West 15 Feet 15 Feet Y
Not Y
Wall Height 6 to 8 Feet Adjacent to Residential
Indicated

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Planned Streets and
Martin L. King
Primary Arterial Highways Map 120 Y
Blvd.
Washington Planned Streets and
Collector 80 Y
Ave. Highways Map
Sunny Place Local Street N/A 40 Y

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
1 space
Retail, other
5,775 sf per 175 33
than listed
gfa

TOTAL SPACES REQUIRED 33 35 Y


Regular and Handicap Spaces Required 31 2 31 4 Y
Loading
5,775 sf 1 2 Y
Spaces

FS
SUP-71552 and SDR-71554 [PRJ-71460]
Staff Report Page Twelve
October 10, 2017 - Planning Commission Meeting

Waivers
Requirement Request Staff Recommendation
To allow the building
The building shall be oriented to not be oriented to
to the corner and street the corner and street Approval
frontage on corner lots. frontage where such
is required.

Exception
Requirement Request Staff Recommendation
To install one less
parking lot landscape
One parking lot island per six island along the
parking spaces planted with parking area at the
Approval
one 24-inch box tree and four north portion of the
five-gallon shrubs. convenience store
than is required by
code.

FS
SUP-71552
SUP-71552
SUP-71552
SUP-71552
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SUP-71552 and SDR-71554


SUP-71552 [PRJ-71460] - SPECIAL USE PERMIT RELATED TO SDR-71554 - APPLICANT/OWNER: DRAGON 7
HENDERSON PROPERTIES, LLC
SOUTHWEST CORNER OF WASHINGTON AVENUE AND MARTIN L. KING BOULEVARD
08/31/2017
SUP-71552 [PRJ-71460] - SPECIAL USE PERMIT RELATED TO SDR-71554 - APPLICANT/OWNER: DRAGON 7
HENDERSON PROPERTIES, LLC
SOUTHWEST CORNER OF WASHINGTON AVENUE AND MARTIN L. KING BOULEVARD
08/31/2017
SUP-71552 [PRJ-71460] - SPECIAL USE PERMIT RELATED TO SDR-71554 - APPLICANT/OWNER: DRAGON 7
HENDERSON PROPERTIES, LLC
SOUTHWEST CORNER OF WASHINGTON AVENUE AND MARTIN L. KING BOULEVARD
08/31/2017
SUP-71552 [PRJ-71460] - SPECIAL USE PERMIT RELATED TO SDR-71554 - APPLICANT/OWNER: DRAGON 7
HENDERSON PROPERTIES, LLC
SOUTHWEST CORNER OF WASHINGTON AVENUE AND MARTIN L. KING BOULEVARD
08/31/2017
SUP-71552 [PRJ-71460] - SPECIAL USE PERMIT RELATED TO SDR-71554 - APPLICANT/OWNER: DRAGON 7
HENDERSON PROPERTIES, LLC
SOUTHWEST CORNER OF WASHINGTON AVENUE AND MARTIN L. KING BOULEVARD
08/31/2017
SUP-71552 [PRJ-71460] - SPECIAL USE PERMIT RELATED TO SDR-71554 - APPLICANT/OWNER: DRAGON 7
HENDERSON PROPERTIES, LLC
SOUTHWEST CORNER OF WASHINGTON AVENUE AND MARTIN L. KING BOULEVARD
08/31/2017
SUP-71552 and SDR-71554
SUP-71552 and SDR-71554
SUP-71552 and SDR-71554
SUP-71552 and SDR-71554
Agenda Item No.: 70.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SDR-71554 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-71552 - PUBLIC
HEARING -APPLICANT/OWNER: DRAGON 7 HENDERSON PROPERTIES, LLC - For
possible action on a request for a Site Development Plan Review FOR A PROPOSED 5,775
SQUARE-FOOT RETAIL DEVELOPMENT WITH A WAIVER TO ALLOW THE
BUILDING TO NOT BE ORIENTED TO THE CORNER AND STREET FRONTAGE
WHERE SUCH IS REQUIRED on 1.50 acres located at the southwest corner of Washington
Avenue and Martin L. King Boulevard (APN 139-28-313-001), C-1 (Limited Commercial)
Zone, Ward 5 (Barlow) [PRJ-71460]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 1 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Traffic Notes from City of Las Vegas Department of Public Works
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-71554
SDR-71554
SDR-71554
SDR-71554
SDR 71554
Dragon 7 Henderson Properties, LLC

SWC Washington Avenue and Martin L. King Boulevard


Proposed 5.775 thousand square foot retail development.

First Use

Average Daily Traffic (ADT) 845.60 2,486


CONVENIENCE MARKET W/GAS [1000
AM Peak Hour 2.94 40.92 120
SF]
PM Peak Hour 50.92 150

Second Use

Average Daily Traffic (ADT) 496.12 1,407


FAST-FOOD WITH DRIVE-THRU [1000
AM Peak Hour 2.835 45.42 129
SF]
PM Peak Hour 32.65 93

Total Use

Average Daily Traffic (ADT) 845.60 3,893


CONVENIENCE MARKET W/GAS [1000
AM Peak Hour 5.775 40.92 249
SF]
PM Peak Hour 50.92 243

Existing traffic on nearby streets:


Washington Avenue
Average Daily Traffic (ADT) 13,759
PM Peak Hour (heaviest 60 minutes) 1,101

Martin L. King Boulevard


Average Daily Traffic (ADT) 46,844
PM Peak Hour (heaviest 60 minutes) 3,748

Traffic Capacity of adjacent streets:


Adjacent Street ADT Capacity
Washington Avenue 34,645
Martin L. King Boulevard 53,445

This project will add approximately 3,893 trips per day on Washington Ave. and Martin L. King Blvd. Currently, Washington
is at about 40 percent of capacity and Martin L. King is at about 88 percent of capacity. With this project, Washington is
expected to be at about 51 percent of capacity and Martin L. King to be at about 95 percent of capacity.

Based on Peak Hour use, this development will add into the area roughly 249 additional cars, or about four every minute.

Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 71.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71375 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: FRANK RAPER
- OWNER: FLAG CIRCLE PROPERTIES, LLC - For possible action on a request for a Special
Use Permit FOR AN EXISTING SHORT-TERM RESIDENTIAL RENTAL USE at 1509 Flag
Circle (APN 162-06-214-007), R-1 (Single Family Residential) Zone, Ward 1 (Tarkanian) [PRJ-
71337]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 1 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcard
SUP-71375 [PRJ-71337]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: FRANK RAPER - OWNER: FLAG CIRCLE
PROPERTIES, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71375 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 20

NOTICES MAILED 250

PROTESTS 1

APPROVALS 0

CS
SUP-71375 [PRJ-71337]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71375 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. The use shall not include the rental or occupancy of an accessory structure (Class
I or II), a tent, a trailer or a mobile unit.

4. Prior to the issuance of a Short-Term Residential Rental business license, the


Department of Planning - Code Enforcement Division must approve an inspection
of the subject property.

5. Prior to the issuance of a Short-Term Residential Rental business license all


inspections required by the City of Las Vegas must be approved.

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

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

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

CS
SUP-71375 [PRJ-71337]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to operate a Short-Term Residential Rental use within the
existing single-family dwelling at 1509 Flag Circle.

The subject site has been operating as a Short-Term Residential Rental with a business
license issued on 12/01/16, but requires a Special Use Permit to continue operating
after 6/30/19 per Ordinance No. 6585.

ISSUES

Pursuant to Title 19.12, a Short-Term Residential Rental use is permitted in the R-1
(Single Family Residential) zoning district as a Conditional Use.
The applicant will not comply with the owner occupied requirements and bedroom
limitations of the conditional use regulations and therefore per Title 19.12.040 a
Special Use Permit is required.
The applicant has been operating a Short-Term Residential Rental at this site under
business license (#G64-07502) issued on 12/01/16. The applicant received
planning approval through a Conditional Use Verification (CUV-67776) issued on
11/16/16. The applicant began operations prior to the requirement of a Special Use
Permit for a Short-Term Residential Rental use.

ANALYSIS

The subject property contains a single-family dwelling, is zoned R-1 (Single Family
Residential) and is subject to Title 19 requirements. The dwelling contains four
bedrooms per the Clark County Assessors records. The Short-Term Residential Rental
definition specifically prohibits the rental or occupancy of an accessory structure (Class I
or II), a tent, a trailer or a mobile unit. Staff has included a recommended condition that
includes that restriction.

A Short-Term Residential Rental use is permitted in the R-1 (Single Family Residential)
zoning district as a Conditional Use. The proposed use would not meet the Conditional
Use Regulations requiring it to be owner occupied during each period the unit is rented
and is a home with more than three bedrooms; therefore, per Title 19.12.040 a Special
Use Permit is required.

CS
SUP-71375 [PRJ-71337]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

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 entire dwelling
unit or one or more individual rooms within 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. For purposes of this Title, this
use does not include the rental or occupancy of an accessory structure (Class I or II), a
tent, a trailer or a mobile unit. In the case of a single parcel containing more than one
dwelling unit, each dwelling unit constitutes a separate short-term residential rental
use. Per the applicants justification letter date stamped on 08/08/17, the applicant
meets this description as they propose to continue using their single-family dwelling as
a Short-Term Rental.

The Minimum Special Use Permit Requirements for this use include: (The requirements
marked with an asterisk cannot be waived.)

*1. The operator must obtain a business license to operate the use.

If this Special Use Permit is approved, the applicant will be required to obtain a
business license prior to operating.

*2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*3. The use must comply with the Citys noise regulations as they apply to residential
uses, as well as any applicable provisions of the Municipal Code that may pertain
to odor nuisances.

The Code Enforcement Division will investigate noise and odor nuisance
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or
access to other properties in the area.

CS
SUP-71375 [PRJ-71337]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

The Code Enforcement Division will investigate traffic and access obstruction
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*5. In addition to and independent of any enforcement authority or remedy described


in this Title, the failure to comply with a Minimum Special Use Permit
Requirement or other condition of approval associated with this use may be
enforced as in the case of a violation of Title 6 by means of a civil proceeding
pursuant to LVMC 6.02.400 to 6.02.460, inclusive.

The existing business license for this Short-Term Residential Rental will be
subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*6. The use is allowed in the P-O, O, C-1, C-2 and C-PB Zoning Districts only in
connection with the residential component of a mixed-use development or in a
dwelling unit permitted as a legal nonconforming use.

This condition does not apply, as the subject site is not zoned P-O, O, C-1, C-2
or C-PB.

*7. The maximum occupancy of the residential dwelling unit shall not exceed the
limits provided for in LVMC 6.75.090.

The Code Enforcement Division will investigate maximum occupancy allegations


and take enforcement action when appropriate. Reports of violations will be
forwarded to the Business Licensing Division for action when appropriate.

8. The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).

The proposed use meets this requirement, as the subject property is more than
660 feet from the nearest Short-Term Residential Rental use.

The applicant has been operating a Short-Term Residential Rental at this site under
business license (#G64-07502) issued on 12/01/16. The applicant received planning
approval through a Conditional Use Verification (CUV-67776) issued on 11/16/16. The
applicant began operations prior to the requirement of a Conditional Use Verification or
Special Use Permit for a Short-Term Residential Rental use.

CS
SUP-71375 [PRJ-71337]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

Additional parking for a Short-Term Residential Rental is only required if the unit has
more than five bedrooms, at which point one additional space shall be required for
every two additional bedrooms or fractional portion thereof. The proposed Short-Term
Residential Rental has four bedrooms and therefore is not required to provide additional
parking.

The subject Short-Term Residential Rental Use has operated without violation since
12/01/16. The site meets the distance separation requirements and the use will
continue to be conducted in a manner that is harmonious with the existing surrounding
land uses. Therefore, staff recommends approval subject to conditions.

FINDINGS (SUP-71375)

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

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


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

The proposed Short-Term Residential Rental use can be conducted in a manner


that is harmonious and compatible with the existing surrounding land uses. The
subject property is located more than 660 feet from another Short-Term
Residential Use.

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

The subject site is physically suitable for the use as a Short-Term Residential
Rental.

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


adequate in size to meet the requirements of the proposed use.

The proposed Short-Term Residential Rental use will be accessed from Flag
Circle, a 50-foot wide local street, which will provide adequate access for the
proposed use.

4. Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.

CS
SUP-71375 [PRJ-71337]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

The approval of the Special Use Permit on this subject property will be subject to
conditions of approval, business license approval, and compliance inspections to
assure it will not compromise the public health safety and welfare.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Short-Term Residential Rental use complies with all of the Special
Use Permit requirements listed in Title 19.12.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The Planning Department approved a Conditional Use Verification
11/16/16
(CUV-67776) for a Short-Term Residential Rental Use.
The Code Enforcement Department issued Violation (#172537) for
11/23/16 electrical code violations observed during the business license
inspection. The case was resolved on 12/01/16.

Most Recent Change of Ownership


01/27/17 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


Business License (#G64-07502) was issued for a Short-Term Residential
12/01/16
Rental Use.

Pre-Application Meeting
A pre-application meeting was held with the applicant where the
08/02/17
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 a well maintained
08/31/17
single family dwelling.

CS
SUP-71375 [PRJ-71337]
Staff Report Page Six
October 10, 2017 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres 0.19

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Single Family
Subject L (Low Density R-1 (Single Family
Residential,
Property Residential) Residential)
Detached
Single Family L (Low Density R-1 (Single Family
North Residential, Residential) Residential)
Detached
Single Family L (Low Density R-1 (Single Family
South Residential, Residential) Residential)
Detached
Single Family L (Low Density R-1 (Single Family
East Residential, Residential) Residential)
Detached
Single Family L (Low Density R-1 (Single Family
West Residential, Residential) Residential)
Detached

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

CS
SUP-71375 [PRJ-71337]
Staff Report Page Seven
October 10, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Flag Circle Local Street Title 13 50 Feet Y

CS
SUP-71375



CLV Planning - Application Form
Application Number: PRJ-71337

Application/Petition For: PRJ-71337 - SUP

ProjectAddress (Location): 1509 FLAG CIRCLE

Project Name SHORT TERM RENTAL - 1509 FLAG CIRCLE

Assessors Parcel #(s): 16206214007

Ward #: WARD 1 (LOIS TARKANIAN)

Is the Application Information Yes


Correct:
If no, ...change what

General Plan Designation: Proposed: Select

Zoning District: Proposed: Select

Gross Acres:

Lots/Units:

Additional Information:

Applicant First Name: Frank

Applicant Last Name: Raper

Applicant Address: 1717 Tangiers Drive

Applicant City: Henderson

Applicant State: NV

Applicant Zip: 89012

Applicant Phone: 916-213-3423

Applicant Fax:

Applicant Email: stephraper@me.com

Rep First Name: Frank

Rep Last Name: Raper

Rep Address: 1717 Tangiers Drive

Rep City: Henderson

Rep State: NV

Rep Zip: 89012

Rep Phone: 916-213-3423

Rep Fax:

Rep Email: stephraper@me.com

8/31/2017 2:54:14 PM
SUP-71375 Page 1 of 2
CLV Planning - Application Form
I certify that I am the applicant and Yes
that the information submitted with
this application is true and accurate
to the best of my knowledge and
belief. I understand that the City is
not responsible for inaccuracies in
information presented, and that
inaccuracies, false information or
incomplete application may cause
the application to be rejected. I
further certify that I am the owner
or purchaser (or option holder) of
the property involved in this
application, or the lessee or agent
fully authorized by the owner to
make this submission.
I Accept:
Is the Owner Information Correct: Yes

If no, ...change what

Owner(s) ADDR1 ADDR2


FLAG CIRCLE PROPERTIES L L C 1717 TANGIERS DR HENDERSON, NV 89012

CLVEPLAN Applicant Company Title Email


Frank Raper Flag Circle Properties, LLC Owner stephraper@me.com

SUP-71375
8/31/2017 2:54:14 PM Page 2 of 2

SUP-71375

SUP-71375
SUP-71375 [PRJ-71337] - SPECIAL USE PERMIT - APPLICANT: FRANK RAPER - OWNER: FLAG CIRCLE
PROPERTIES, LLC
1509 FLAG CIRCLE
08/31/2017

SUP-71375
Agenda Item No.: 72.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71414 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
RACHEL A. HOPPER - For possible action on a request for a Special Use Permit FOR A
PROPOSED SHORT-TERM RESIDENTIAL RENTAL USE at 821 Mar Jay Court (APN 139-
30-711-088), R-1 (Single Family Residential) Zone, Ward 5 (Barlow) [PRJ-71356]. Staff
recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 3 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Abeyance Request Letter
2. Location, Aerial and Special Maps
3. Conditions and Staff Report
4. Supporting Documentation
5. Photo(s)
6. Justification Letter
7. Protest Postcards
Sept. 19 2017




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SUP-71414

t&Z>sE
SUP-71414 [PRJ-71356]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: RACHEL A. HOPPER

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71414 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 16

NOTICES MAILED 290

PROTESTS 3

APPROVALS 0

FS
SUP-71414 [PRJ-71356]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

SUP-71414 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. The use shall not include the rental or occupancy of an accessory structure (Class
I or II), a tent, a trailer or a mobile unit.

4. Prior to the issuance of a Short-Term Residential Rental business license all


inspections required by the City of Las Vegas must be approved.

5. All necessary business licenses shall be obtained in compliance with Title 6 prior to
any rental activities.

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

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

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

FS
SUP-71414 [PRJ-71356]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

The applicant is proposing to operate a Short-Term Residential Rental use within the
existing single-family dwelling at 821 Mar Jay Court.

ISSUES

Pursuant to Title 19.12, a Short-Term Residential Rental use is permitted in the R-1
(Single Family Residential) zoning district as a Conditional Use.
The applicant will not comply with the owner occupied requirements and bedroom
limitations of the conditional use regulations and therefore per Title 19.12.040 a
Special Use Permit is required. Staff recommends approval of the request.
`An inspection through the Department of Planning - Code Enforcement Division
was held on 09/18/17 and several building code deficiencies where noted. The
applicant must repair or correct all deficiencies, and a follow-up inspection must be
passed prior to the issuance of the business license.

ANALYSIS

The subject property contains a single-family dwelling, is zoned R-1 (Single Family
Residential), and is subject to Title 19 requirements. The dwelling contains three
bedrooms per the Clark County Assessors records; however, the floor plan indicates a
four-bedroom home, and the code enforcement inspection also noted that the site is
developed with legally permitted garage conversion that is being used as a bedroom.
The Short-Term Residential Rental definition specifically prohibits the rental or
occupancy of an accessory structure (Class I or II), a tent, a trailer or a mobile unit.
Staff has included a recommended condition that includes that restriction.

A Code Enforcement inspection was completed 09/18/17 and several code violations
where identified for the owner to correct. The applicant must repair or correct all
deficiencies prior to the issuance of the business license. A follow-up inspection has
not been scheduled.

Additional parking for a Short-Term Residential Rental is only required if the unit has
more than five bedrooms, at which point one additional space shall be required for
every two additional bedrooms or fractional portion thereof. The proposed Short-Term
Residential Rental has four bedrooms and therefore is not required to provide additional
parking.

FS
SUP-71414 [PRJ-71356]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

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 entire dwelling
unit or one or more individual rooms within 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. For purposes of this Title, this
use does not include the rental or occupancy of an accessory structure (Class I or II), a
tent, a trailer or a mobile unit. In the case of a single parcel containing more than one
dwelling unit, each dwelling unit constitutes a separate short-term residential rental
use. Per the applicants justification letter date stamped on 08/27/17, the owner of the
dwelling frequently travels and would like to utilize the house a vacation rental.
Additionally, the following analysis is required:

The Minimum Special Use Permit Requirements for this use include: (The requirements
marked with an asterisk cannot be waived.)

*1. The operator must obtain a business license to operate the use.

If this Special Use Permit is approved, the applicant will be required to obtain a
business license prior to operating.

*2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*3. The use must comply with the Citys noise regulations as they apply to residential
uses, as well as any applicable provisions of the Municipal Code that may pertain
to odor nuisances.

The Code Enforcement Division will investigate noise and odor nuisance
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or
access to other properties in the area.

FS
SUP-71414 [PRJ-71356]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

The Code Enforcement Division will investigate traffic and access obstruction
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*5. In addition to and independent of any enforcement authority or remedy described


in this Title, the failure to comply with a Minimum Special Use Permit
Requirement or other condition of approval associated with this use may be
enforced as in the case of a violation of Title 6 by means of a civil proceeding
pursuant to LVMC 6.02.400 to 6.02.460, inclusive.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*6. The use is allowed in the P-O, O, C-1, C-2 and C-PB Zoning Districts only in
connection with the residential component of a mixed-use development or in a
dwelling unit permitted as a legal nonconforming use.

This condition does not apply, as the subject site is not zoned P-O, O, C-1, C-2
or C-PB.

*7. The maximum occupancy of the residential dwelling unit shall not exceed the
limits provided for in LVMC 6.75.090.

The Code Enforcement Division will investigate maximum occupancy allegations


and take enforcement action when appropriate. Reports of violations will be
forwarded to the Business Licensing Division for action when appropriate.

8. The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).

The proposed use meets this requirement, as the subject property is 945 feet
from the nearest Short-Term Residential Rental use.

The site meets R-1 lot standards and is approximately 945 feet from the nearest Short-
Term Residential Rental use, which exceeds the minimum distance separation
requirements from other short-term rental uses. Staff finds that the use can be
conducted in a manner that is harmonious with the existing surrounding land uses.
Therefore, staff recommends approval, subject to conditions.

FS
SUP-71414 [PRJ-71356]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

FINDINGS (SUP-71414)

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

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


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

The proposed Short-Term Residential Rental use can be conducted in a manner


that is harmonious and compatible with the existing surrounding land uses. The
subject property is located more than 660 feet from another Short-Term
Residential Use.

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

The subject site is physically suitable for the use as a Short-Term Residential
Rental.

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


adequate in size to meet the requirements of the proposed use.

The proposed Short-Term Residential Rental use will be accessed from Mar Jay
Court, an 80-foot wide local street, which will provide adequate access for the
proposed use.

4. Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.

The approval of the Special Use Permit on this subject property will be subject to
conditions of approval, business license approval, and compliance inspections to
assure it will not compromise the public health safety and welfare.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Short-Term Residential Rental use complies with all of the Special
Use Permit requirements listed in Title 19.12.

FS
SUP-71414 [PRJ-71356]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

Most Recent Change of Ownership


05/08/17 A deed was recorded for a change in ownership.

Pre-Application Meeting
A pre-application meeting was held and general Short Term
08/15/17
Residential standards and licensing requirements were discussed.

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

Field Check
A field check was conducted and the site consists of a single family
08/31/17
residential dwelling.

Details of Application Request


Site Area
Net Acres 0.22

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family L (Low Density R-1 (Single Family
Property Residential Residential) Residential)
Single Family L (Low Density R-1 (Single Family
North
Residential Residential) Residential)
Single Family L (Low Density R-1 (Single Family
South
Residential Residential) Residential)
Single Family L (Low Density R-1 (Single Family
East
Residential Residential) Residential)
Single Family L (Low Density R-1 (Single Family
West
Residential Residential) Residential)

FS
SUP-71414 [PRJ-71356]
Staff Report Page Six
October 10, 2017 - Planning Commission Meeting

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Mar Jay Court Local Street Title 13 80 ft. Y

FS
SUP-71414
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SUP-71414 [PRJ-71356] - SPECIAL USE PERMIT - APPLICANT/OWNER: RACHEL A. HOPPER
821 MAR JAY COURT
09/27/2017




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SUP-71414
Agenda Item No.: 73.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71424 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: THE
VALLE FAMILY TRUST - For possible action on a request for a Special Use Permit FOR A
PROPOSED SHORT-TERM RESIDENTIAL RENTAL USE at 150 North Las Vegas
Boulevard, Unit 2105 (APN 139-34-613-216), C-2 (General Commercial) Zone, Ward 3 (Coffin)
[PRJ-71210]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 2 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcards
SUP-71424 [PRJ-71210]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: THE VALLE FAMILY TRUST

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71424 Staff recommends APPROVAL, subject to conditions: N/A

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 32

NOTICES MAILED 448

PROTESTS 2

APPROVALS 0

NE
SUP-71424 [PRJ-71210]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71424 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. The use shall not include the rental or occupancy of an accessory structure (Class
I or II), a tent, a trailer or a mobile unit.

4. Prior to the issuance of a Short-Term Residential Rental business license, the


Department of Planning - Code Enforcement Division must approve an inspection
of the subject property.

5. All necessary business licenses shall be obtained in compliance with Title 6 prior to
any rental activities.

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

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

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

NE
SUP-71424 [PRJ-71210]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to operate a Short-Term Residential Rental use within the
residential component of a mixed-use development located at 150 North Las Vegas
Boulevard, Unit #2105.

ISSUES

Pursuant to Title 19.12, a Short-Term Residential Rental use is permitted in the C-2
(General Commercial) zoning district only in connection with the residential
component of a mixed-use development as a Conditional Use.
The applicant will not comply with the owner occupied requirement of the Conditional
Use Regulations and therefore per Title 19.12.040 a Special Use Permit is required.
The applicant is required to schedule an inspection through the Department of
Planning - Code Enforcement Division. The inspection must be approved prior to
the issuance of the business license.

ANALYSIS

The subject property contains a mixed-use development, is zoned C-2 (General


Commercial); and is subject to Title 19 requirements. The dwelling contains 3
bedrooms per the Clark County Assessors records. The Short-Term Residential Rental
definition specifically prohibits the rental or occupancy of an accessory structure (Class I
or II), a tent, a trailer or a mobile unit. Although the site was not developed with a
detached accessory structure, as a precaution staff has included a recommended
condition that includes that restriction.

A Short-Term Residential Rental use is permitted in the C-2 (General Commercial)


zoning district as a Conditional Use. The proposed use would not meet the Conditional
Use Regulations requiring it to be owner occupied during each period the unit is rented;
therefore, per Title 19.12.040 a Special Use Permit is required.

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 entire dwelling
unit or one or more individual rooms within 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

NE
SUP-71424 [PRJ-71210]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

dwelling units that is specifically defined in Chapter 19.18. For purposes of this Title, this
use does not include the rental or occupancy of an accessory structure (Class I or II), a
tent, a trailer or a mobile unit. In the case of a single parcel containing more than one
dwelling unit, each dwelling unit constitutes a separate short-term residential rental
use. Per the applicants justification letter date stamped on 08/29/17, the applicant is
proposing to offer their condominium as a short-term residential rental and will not
occupy the dwelling while the unit is being rented. Additionally, the following analysis is
required:

The Minimum Special Use Permit Requirements for this use include: (The requirements
marked with an asterisk cannot be waived.)

*1. The operator must obtain a business license to operate the use.

If this Special Use Permit is approved, the applicant will be required to obtain a
business license prior to operating.

*2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*3. The use must comply with the Citys noise regulations as they apply to residential
uses, as well as any applicable provisions of the Municipal Code that may pertain
to odor nuisances.

The Code Enforcement Division will investigate noise and odor nuisance
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or
access to other properties in the area.

The Code Enforcement Division will investigate traffic and access obstruction
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*5. In addition to and independent of any enforcement authority or remedy described


in this Title, the failure to comply with a Minimum Special Use Permit

NE
SUP-71424 [PRJ-71210]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

Requirement or other condition of approval associated with this use may be


enforced as in the case of a violation of Title 6 by means of a civil proceeding
pursuant to LVMC 6.02.400 to 6.02.460, inclusive.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*6. The use is allowed in the P-O, O, C-1, C-2 and C-PB Zoning Districts only in
connection with the residential component of a mixed-use development or in a
dwelling unit permitted as a legal nonconforming use.

The proposed Short-Term Residential Rental will be within the residential


component of a mixed-use development.

*7. The maximum occupancy of the residential dwelling unit shall not exceed the
limits provided for in LVMC 6.75.090.

The Code Enforcement Division will investigate maximum occupancy allegations


and take enforcement action when appropriate. Reports of violations will be
forwarded to the Business Licensing Division for action when appropriate.

8. The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).

The proposed use meets this requirement, as the subject property is


approximately 2,210 feet from the nearest Short-Term Residential Rental use.

Located within the Fremont East district of the Downtown Centennial Plan, the subject
site is a Mixed Use development that contains both residential and commercial land
uses. The proposed Short-Term Residential Rental is a1,847 square-foot unit on the
21st floor of a Mixed-Use Development with 3 bedrooms and two bathrooms.

Additional parking for a Short-Term Residential Rental is only required if the unit has
more than five bedrooms, at which point one additional space shall be required for
every two additional bedrooms or fractional portion thereof. The proposed Short-Term
Residential Rental has 3 bedrooms and therefore is not required to provide additional
parking.

The subject site has met the minimum distance separation requirement for Short-Term
Residential Rentals and does not have a history with Code Enforcement; therefore, staff
is recommending approval of this application. If the application is denied, the applicant
will not be able to operate a short-term residential rental from this location.

NE
SUP-71424 [PRJ-71210]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

FINDINGS (SUP-71248)

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

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


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

The proposed Short-Term Residential Rental use can be conducted in a manner


that is harmonious and compatible with the existing surrounding land uses. The
subject property is located more than 660 feet from another Short-Term
Residential Use.

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

The subject site is physically suitable for the use as a Short-Term Residential
Rental.

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


adequate in size to meet the requirements of the proposed use.

The proposed Short-Term Residential Rental use will be accessed Las Vegas
Boulevard and Ogden Avenue, an 85-foot and 60-foot wide primary arterial and
collector, respectively, which will provide adequate access for the proposed use.

4. Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.

The approval of the Special Use Permit on this subject property will be subject to
conditions of approval, business license approval, and compliance inspections to
assure it will not compromise the public health safety and welfare.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Short-Term Residential Rental use complies with all of the Special
Use Permit requirements listed in Title 19.12.

NE
SUP-71424 [PRJ-71210]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The City Council approved a request for a Resolution of Intent to
Reclassify Real Property (Z0100-64) from R-1 (Single Family
Residential), R-4 (High Density Residential), C-1 (Limited
Commercial), C-2 General Commercial), and C-V (Civic) to C-2
12/16/64
(General Commercial) for approximately 230 acres generally located
on property bounded by Main Street to the west, Bonanza Road on the
north, Las Vegas Boulevard on the east, and Charleston Boulevard on
the south. The Planning Commission recommended approval.
The City Council approved a request for a Special Use Permit (SUP-
5180) for a 22-story, 24,000 square-foot, Mixed Use development
adjacent to the southeast corner of Las Vegas Boulevard and Ogden
Avenue The Planning Commission and staff recommended approval.
The City Council approved a request for a Site Development Plan
11/17/04
Review (SDR-5180) for a 267-foot tall, 251 units, and 24,000 square
feet of commercial in a Mixed Use development with Waivers from the
Downtown Centennial Plan on 1.03 acres adjacent to the southeast
corner of Las Vegas Boulevard and Ogden Avenue. The Planning
Commission and staff recommended approval.
Staff administratively approved a request for an Administrative Site
Development Plan Review (SDR-10790) for a proposed 267-foot high,
08/10/06 Mixed-Use development consisting of 275 residential condominium
units and 24,000 square feet of commercial floor space on 1.03 acres
at the southeast corner of Las Vegas Boulevard and Ogden Avenue.
A Final Map (FMP-23474) recorded for a 276-unit Mixed-Use
01/29/08 development (Streamline Tower) on 1.03 acres at the southeast corner
of Las Vegas Boulevard and Ogden Avenue.

Most Recent Change of Ownership


04/21/17 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no building permits or business licenses related to the subject unit.

Pre-Application Meeting
Staff conducted a pre-application meeting with the applicant where the
07/24/17
submittal requirements for the Special Use Permit were discussed.

NE
SUP-71424 [PRJ-71210]
Staff Report Page Six
October 10, 2017 - Planning Commission Meeting

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

Field Check
During a routine field check, staff observed the subject Mixed Use
08/31/17
development. Nothing of concern was noted by staff.

Details of Application Request


Site Area
Net Acres 0.97

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject C-2 (General
Mixed-Use C (Commercial)
Property Commercial)
Undeveloped C-2 (General
North C (Commercial)
Parking Lot Commercial)
Pedestrian C-2 (General
South C (Commercial)
Walkway Commercial)
C-2 (General
East Hotel & Casino C (Commercial)
Commercial)
C-2 (General
West Parking Facility C (Commercial)
Commercial)

Master and Neighborhood Plan Areas Compliance


Downtown Centennial Plan Fremont East District Y
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District 200 Feet Y
DCP-O (Downtown Centennial Plan Overlay) District Y
DE-O (Downtown Entertainment Overlay) District Y
LW-O (Live/Work Overlay) District Y
SB-O (Las Vegas Boulevard Scenic Byway Overlay) District Y

NE
SUP-71424 [PRJ-71210]
Staff Report Page Seven
October 10, 2017 - Planning Commission Meeting

Other Plans or Special Requirements Compliance


Downtown Design Review Committee Area (DDRC) N/A
Trails Scenic Byway Y
Las Vegas Redevelopment Plan Area Downtown Redevelopment Area Y
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Las Vegas
Primary Arterial Streets and 85 Y
Boulevard
Highways
Master Plan of
Ogden Avenue Collector Streets and 60 Y
Highways

NE
SUP-71424



SUP-71424


SUP-71424


SUP-71424


SUP-71424 [PRJ-71210] - SPECIAL USE PERMIT - APPLICANT/OWNER: THE VALLE FAMILY TRUST
150 NORTH LAS VEGAS BOULEVARD, UNIT 2105
08/31/2017
SUP-71424 [PRJ-71210] - SPECIAL USE PERMIT - APPLICANT/OWNER: THE VALLE FAMILY TRUST
150 NORTH LAS VEGAS BOULEVARD, UNIT 2105
08/31/2017
SUP-71424 [PRJ-71210] - SPECIAL USE PERMIT - APPLICANT/OWNER: THE VALLE FAMILY TRUST
150 NORTH LAS VEGAS BOULEVARD, UNIT 2105
08/31/2017
7

7777777777777

777777777777

777

777

SUP-71424
Agenda Item No.: 74.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71493 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
MICHAEL T. CORNTHWAITE - For possible action on a request for a Special Use Permit FOR
AN EXISTING SHORT-TERM RESIDENTIAL RENTAL USE at 706 Bonita Avenue (APN
162-03-714-030), R-1 (Single Family Residential) Zone, Ward 3 (Coffin) [PRJ-71399]. Staff
recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 5 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcards
SUP-71493 [PRJ-71399]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: MICHAEL T. CORNTHWAITE

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71493 Staff recommends APPROVAL, subject to conditions: N/A

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 26

NOTICES MAILED 408

PROTESTS 5

APPROVALS 0

SS
SUP-71493 [PRJ-71399]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71493 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. The use shall not include the rental or occupancy of an accessory structure (Class
I or II), a tent, a trailer or a mobile unit.

4. All necessary business licenses shall be obtained in compliance with Title 6 prior to
any rental activities.

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.

SS
SUP-71493 [PRJ-71399]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to operate an existing Short-Term Residential Rental use


within a single-family dwelling at 706 Bonita Avenue.

The applicant has been operating a Short-Term Residential Rental at this site under a
business license (G64-07724) issued on 11/17/16. The applicant received planning
approval through a Conditional Use Verification (CUV-66554) issued on 08/30/16. The
applicant began operations prior to the requirement of a Special Use Permit for a Short-
Term Residential Rental use; however, per Ordinance No. 6585 a Special Use Permit
must be approved to continue operating after 6/30/19.

ISSUES

Pursuant to Title 19.12, a Short-Term Residential Rental use is permitted in the R-1
(Single Family Residential) zoning district as a Conditional Use.
The applicant does not comply with bedroom limitations of the conditional use
regulations and therefore per Title 19.12.040 a Special Use Permit is required.
The applicant has been operating a Short-Term Residential Rental at this site under
business license (G64-07724) issued on 11/17/16. The applicant received planning
approval through a Conditional Use Verification (CUV-66554) issued on 08/30/16.
The applicant began operations prior to the requirement of a Special Use Permit for
a Short-Term Residential Rental use.

ANALYSIS

The subject property contains a single-family dwelling, is zoned R-1 (Single Family
Residential) and is subject to Title 19 requirements. The dwelling contains four
bedrooms per the Clark County Assessors records. The Short-Term Residential Rental
definition specifically prohibits the rental or occupancy of an accessory structure (Class I
or II), a tent, a trailer or a mobile unit. Staff has included a recommended condition that
includes that restriction.

A Short-Term Residential Rental use is permitted in the R-1 (Single Family Residential)
zoning district as a Conditional Use. The proposed use does not meet the current
Conditional Use Regulations requiring the dwelling to contain three bedrooms or fewer;
therefore, per Title 19.12.040 a Special Use Permit is required.

SS
SUP-71493 [PRJ-71399]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

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 entire dwelling
unit or one or more individual rooms within 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. For purposes of this Title,
this use does not include the rental or occupancy of an accessory structure (Class I or
II), a tent, a trailer or a mobile unit. In the case of a single parcel containing more than
one dwelling unit, each dwelling unit constitutes a separate short-term residential rental
use. Per the applicants justification letter date stamped on 08/22/17, a license has
already been issued to rent rooms in the house on a short-term basis. The applicant
states that he has lived in the house at least 10 of the past 15 years. However, none of
the bedrooms are indicated as owner occupied.

The Minimum Special Use Permit Requirements for this use include: (The requirements
marked with an asterisk cannot be waived.)

*1. The operator must obtain a business license to operate the use.

A business license (G64-07724) for a Short-Term Residential Rental for four bedrooms
was issued on 11/17/16.

*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.

The business license is subject to license renewal and annual compliance review
to ensure that all regulatory requirements continue to be met.

*3. The use must comply with the Citys noise regulations as they apply to residential
uses, as well as any applicable provisions of the Municipal Code that may pertain
to odor nuisances.

The Code Enforcement Division will investigate noise and odor nuisance
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or
access to other properties in the area.

SS
SUP-71493 [PRJ-71399]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

The Code Enforcement Division will investigate traffic and access obstruction
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*5. In addition to and independent of any enforcement authority or remedy described


in this Title, the failure to comply with a Minimum Special Use Permit
Requirement or other condition of approval associated with this use may be
enforced as in the case of a violation of Title 6 by means of a civil proceeding
pursuant to LVMC 6.02.400 to 6.02.460, inclusive.

The business license is subject to license renewal and annual compliance review
to ensure that all regulatory requirements and any Special Use Permit conditions
of approval continue to be met.

*6. The use is allowed in the P-O, O, C-1, C-2 and C-PB Zoning Districts only in
connection with the residential component of a mixed-use development or in a
dwelling unit permitted as a legal nonconforming use.

This condition does not apply, as the subject site is not zoned P-O, O, C-1, C-2
or C-PB.

*7. The maximum occupancy of the residential dwelling unit shall not exceed the
limits provided for in LVMC 6.75.090.

The Code Enforcement Division will investigate maximum occupancy allegations


and take enforcement action when appropriate. Reports of violations will be
forwarded to the Business Licensing Division for action when appropriate.

8. The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).

The proposed use meets this requirement, as the subject property is 692 feet
from the nearest active Short-Term Residential Rental use.

The property is located within a single-family residential subdivision on a corner lot. The
floor plan indicates the dwelling contains one story, four bedrooms and 2,010 square
feet. The lot is approximately 690 feet from the nearest Short-Term Residential Rental
use.

The applicant has been operating a Short-Term Residential Rental at this site under
business license (G64-07724) issued on 11/17/16. The applicant received planning
approval through a Conditional Use Verification (CUV-66554) issued on 08/30/16. The

SS
SUP-71493 [PRJ-71399]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

applicant began operations prior to the requirement of a Special Use Permit for a Short-
Term Residential Rental use. A Code Enforcement inspection was completed 09/19/17
with several items for the owner to correct. A follow-up inspection has not been
scheduled.

Additional parking for a Short-Term Residential Rental is only required if the unit has
more than five bedrooms, at which point one additional space shall be required for
every two additional bedrooms or fractional portion thereof. The proposed Short-Term
Residential Rental has four bedrooms and therefore is not required to provide additional
parking.

The subject Short-Term Residential Rental Use has been in operation without a
neighborhood complaint since 11/17/16. The site meets R-1 lot standards and distance
separation requirements from other short-term rental uses. Staff finds that the use can
continue to be conducted in a manner that is harmonious with the existing surrounding
land uses. Therefore, staff recommends approval, subject to conditions.

FINDINGS (SUP-71248)

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

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


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

The proposed Short-Term Residential Rental use can be conducted in a manner


that is harmonious and compatible with the existing surrounding land uses. The
subject property is located more than 660 feet from another Short-Term
Residential Use.

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

The subject site is physically suitable for the use as a Short-Term Residential
Rental.

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


adequate in size to meet the requirements of the proposed use.

The proposed Short-Term Residential Rental use will be accessed from Bonita
Avenue, a 50-foot wide local street, which will provide adequate access for the
proposed use.

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SUP-71493 [PRJ-71399]
Staff Report Page Five
October 10, 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.

The approval of the Special Use Permit on this subject property will be subject to
conditions of approval, business license approval, and compliance inspections to
assure it will not compromise the public health safety and welfare.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Short-Term Residential Rental use complies with all of the Special
Use Permit requirements listed in Title 19.12.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


Business Licensing Enforcement inspected the residence at 706
03/06/15
Bonita Avenue for graffiti.
A Code Enforcement case (152759) was processed to investigate a
04/06/15 complaint about working on customer vehicles at residential location at
706 Bonita Avenue. The case was resolved on 04/07/15.
The Department of Planning approved a Conditional Use Verification
08/30/16 (CUV-66554) for a Short-Term Residential Rental use at 706 Bonita
Avenue.
A Code Enforcement case (172336) was processed for code violations
11/14/16 observed during the licensing inspection at 706 Bonita Avenue. The
case was resolved on 11/16/16.
The Department of Planning Code Enforcement Division completed
09/19/17 an inspection of the subject site for the purpose of a Short-Term
Residential Rental business license.

Most Recent Change of Ownership


11/20/14 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


The existing single-family dwelling at 706 Bonita Avenue was
1957
constructed.
A building permit (#32440) was issued for a patio enclosure to convert
02/04/66 into a family room at 706 Bonita Avenue. The permit was finalized on
03/11/66.

SS
SUP-71493 [PRJ-71399]
Staff Report Page Six
October 10, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


A business license (G62-01923) was issued for online sale of soccer
03/18/14 apparel and accessories at 706 Bonita Avenue. The license was
marked out of business by Business Licensing on 09/30/14.
A business license (G64-07724) was issued for a Short-Term
11/17/16 Residential Rental with four bedrooms at 706 Bonita Avenue. The
license is currently active.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
08/10/17 submittal requirements for a Special Use Permit for a Short-Term
Residential Rental use.

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

Field Check
08/31/17 The site contains a single-family residential dwelling in good condition.

Details of Application Request


Site Area
Net Acres 0.27

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family, L (Low Density R-1 (Single Family
Property Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
North
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
South
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
East
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
West
Detached Residential) Residential)

SS
SUP-71493 [PRJ-71399]
Staff Report Page Seven
October 10, 2017 - Planning Commission Meeting

Master and Neighborhood Plan Areas Compliance


Beverly Green/Southridge Neighborhood Plan Y
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District (200 Feet) Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification
N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Pursuant to Title 19.06, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size 6,000 SF 11,891 SF Y
Min. Lot Width 65 Feet 114 Feet Y
Max. Lot Coverage 50 % 19 % Y

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Bonita Avenue Local Street Title 13 50 N/A

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SUP-71493



SUP-71493


7

SUP-71493
7

SUP-71493
SUP-71493 [PRJ-71399] - SPECIAL USE PERMIT - APPLICANT/OWNER: MICHAEL T. CORNTHWAITE
706 BONITA AVENUE
08/31/2017
SUP-71493 [PRJ-71399] - SPECIAL USE PERMIT - APPLICANT/OWNER: MICHAEL T. CORNTHWAITE
706 BONITA AVENUE
08/31/2017
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SUP-71493
Agenda Item No.: 75.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71497 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
PAMELA A. MAHER - For possible action on a request for a Special Use Permit FOR A
PROPOSED SHORT-TERM RESIDENTIAL RENTAL USE at 718 Lacy Lane (APN 139-32-
301-013), R-E (Residence Estates) Zone, Ward 1 (Tarkanian) [PRJ-71407]. Staff recommends
APPROVAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 4 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcards
SUP-71497 [PRJ-71407]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: PAMELA A. MAHER

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71497 Staff recommends APPROVAL, subject to conditions: N/A

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 21

NOTICES MAILED 102

PROTESTS 4

APPROVALS 0

NE
SUP-71497 [PRJ-71407]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71497 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. The use shall not include the rental or occupancy of an accessory structure (Class
I or II), a tent, a trailer or a mobile unit.

4. Prior to the issuance of a Short-Term Residential Rental business license, the


Department of Planning - Code Enforcement Division must approve an inspection
of the subject property.

5. All necessary business licenses shall be obtained in compliance with Title 6 prior to
any rental activities.

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

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

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

NE
SUP-71497 [PRJ-71407]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to operate a Short-Term Residential Rental use within the
existing single-family dwelling at 718 Lacy Lane.

ISSUES

Pursuant to Title 19.12, a Short-Term Residential Rental use is permitted in the R-E
(Residence Estates) zoning district as a Conditional Use.
The subject residence does not comply with the bedroom limitation of three
bedrooms for an owner occupied rental of the Conditional Use Regulations. Per Title
19.12.040 a Special Use Permit is required.
The applicant is required to schedule an inspection through the Department of
Planning - Code Enforcement Division. The inspection must be approved prior to the
issuance of a business license.

ANALYSIS

The subject property contains a single-family dwelling, is zoned R-E (Residence


Estates); and is subject to Title 19 requirements. The dwelling contains four bedrooms
per the Clark County Assessors records. The Short-Term Residential Rental definition
specifically prohibits the rental or occupancy of an accessory structure (Class I or II), a
tent, a trailer or a mobile unit. Staff has included a recommended condition that
includes that restriction.

A Short-Term Residential Rental use is permitted in the R-E (Residence Estates) zoning
district as a Conditional Use. The proposed use does not meet Conditional Use
Regulation Number 7 which states, On any particular parcel, the use is limited to a
single residential dwelling unit that is occupied by its owner during each period the unit
is rented and that has no more than three bedrooms, with a maximum occupancy not to
exceed the limits set forth in LVMC 6.75.090, as the subject residence has four
bedrooms; therefore, per Title 19.12.040 a Special Use Permit is required.

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 entire dwelling
unit or one or more individual rooms within the unit for a period of less than 31
consecutive calendar days. This use does not include a Community Residence,

NE
SUP-71497 [PRJ-71407]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

Facility for Transitional Living for Released Offenders, or any other facility with
dwelling units that is specifically defined in Chapter 19.18. For purposes of this Title, this
use does not include the rental or occupancy of an accessory structure (Class I or II), a
tent, a trailer or a mobile unit. In the case of a single parcel containing more than one
dwelling unit, each dwelling unit constitutes a separate short-term residential rental
use. Per the applicants justification letter date stamped on 08/23/17, the applicant
wishes to rent the master bedroom and bathroom located on the east side of the
residence for one weekend per month in order to supplement her retirement income.
Additionally, the following analysis is required:

The Minimum Special Use Permit Requirements for this use include: (The requirements
marked with an asterisk cannot be waived.)

*1. The operator must obtain a business license to operate the use.

If this Special Use Permit is approved, the applicant will be required to obtain a
business license prior to operating.

*2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*3. The use must comply with the Citys noise regulations as they apply to residential
uses, as well as any applicable provisions of the Municipal Code that may pertain
to odor nuisances.

The Code Enforcement Division will investigate noise and odor nuisance
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or
access to other properties in the area.

The Code Enforcement Division will investigate traffic and access obstruction
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

NE
SUP-71497 [PRJ-71407]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

*5. In addition to and independent of any enforcement authority or remedy described


in this Title, the failure to comply with a Minimum Special Use Permit
Requirement or other condition of approval associated with this use may be
enforced as in the case of a violation of Title 6 by means of a civil proceeding
pursuant to LVMC 6.02.400 to 6.02.460, inclusive.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*6. The use is allowed in the P-O, O, C-1, C-2 and C-PB Zoning Districts only in
connection with the residential component of a mixed-use development or in a
dwelling unit permitted as a legal nonconforming use.

This condition does not apply, as the subject site is not zoned P-O, O, C-1, C-2
or C-PB.

*7. The maximum occupancy of the residential dwelling unit shall not exceed the
limits provided for in LVMC 6.75.090.

The Code Enforcement Division will investigate maximum occupancy allegations


and take enforcement action when appropriate. Reports of violations will be
forwarded to the Business Licensing Division for action when appropriate.

8. The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).

The proposed use meets this requirement, as the subject property is


approximately 820 feet from the nearest Short-Term Residential Rental use.

Additional parking for a Short-Term Residential Rental is only required if the unit has
more than five bedrooms, at which point one additional space shall be required for
every two additional bedrooms or fractional portion thereof. The proposed Short-Term
Residential Rental has 4 bedrooms and therefore is not required to provide additional
parking.

The property owner will reside in the home while renting the master bedroom to
guest(s). Staff finds the proposed use can be conducted in a manner that is harmonious
with the existing surrounding neighborhood and is recommending approval of this
request.

NE
SUP-71497 [PRJ-71407]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

FINDINGS (SUP-71248)

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

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


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

The proposed Short-Term Residential Rental use can be conducted in a manner


that is harmonious and compatible with the existing surrounding land uses. The
subject property is located more than 660 feet from another Short-Term
Residential Use.

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

The subject site is physically suitable for the use as a Short-Term Residential
Rental.

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


adequate in size to meet the requirements of the proposed use.

The proposed Short-Term Residential Rental use will be accessed from Lacy
Lane, a 60-foot wide local street, which will provide adequate access for the
proposed use.

4. Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.

The approval of the Special Use Permit on this subject property will be subject to
conditions of approval, business license approval, and compliance inspections to
assure it will not compromise the public health safety and welfare.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Short-Term Residential Rental use complies with all of the Special
Use Permit requirements listed in Title 19.12.

NE
SUP-71497 [PRJ-71407]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The City Council approved a request to amend portions of the
Southeast Sector map of the General Plan (GPA-0047-01) in the
general vicinity of the Charleston Boulevard/Rancho Drive intersection
from SC (Service Commercial) to O (Office); from R (Rural Density
Residential) to DR (Desert Rural Density Residential); from O (Office)
06/19/02 to DR (Desert Rural Density Residential); and from L (Low Density
Residential) to DR (Desert Rural Density Residential) in accordance
with the recommendations of the Rancho Charleston Land Use Study
and Strategic Plan. The Planning Commission was unable to obtain a
supermajority vote and the item was forwarded to City Council with a
recommendation of denial.

Most Recent Change of Ownership


03/05/14 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#31255) was issued for a single-family dwelling at
06/11/58
718 Lacy Lane. The permit received its final inspection on 09/19/58.
A building permit (#16036) was issued for a room addition at 718 Lacy
04/12/74
Lane. The permit received its final inspection on 11/26/74.
A building permit (#1653) was issued for a swimming pool at 718 Lacy
04/24/75
Lane. The permit received its final inspection on 06/13/75.
A building permit (#0390) was issued for an 886 square-foot room
01/19/79 addition at 718 Lacy Lane. The permit received its final inspection on
04/22/80.
A building permit (#298777) was issued for a roof mount solar system
09/16/15
at 718 Lacy Lane. The permit received its final inspection on 11/12/15.

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
08/10/17 requirements for an owner occupied Short-Term Residential Rental
Special Use Permit application were discussed.

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

NE
SUP-71497 [PRJ-71407]
Staff Report Page Six
October 10, 2017 - Planning Commission Meeting

Field Check
During a routine field check staff observed a well-manicured single
08/31/17
family residence.

Details of Application Request


Site Area
Net Acres 0.64

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family, DR (Desert Rural R-E (Residence
Property Detached Density Residential) Estates)
Single Family, DR (Desert Rural R-E (Residence
North
Detached Density Residential) Estates)
Single Family, DR (Desert Rural R-E (Residence
South
Detached Density Residential) Estates)
Single Family, DR (Desert Rural R-E (Residence
East
Detached Density Residential) Estates)
Government
West PF (Public Facilities) C-V (Civic)
Facility

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District Y
RP-O (Rural Preservation Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification
N/A
Assessment)
Project of Regional Significance N/A

NE
SUP-71497 [PRJ-71407]
Staff Report Page Seven
October 10, 2017 - Planning Commission Meeting

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Lacy Lane Local Street Title 13 60 Y

NE
SUP-71497



SUP-71497

7
A

7 7 7 b


7 7

7
7

7 7

SUP-71497
77 77 7

A
A

b727 A
7
7


77 7
A
7


7 7 7 7 7 7

b7

27

b7


7
7


7


7

7
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7

b72

7
7


7 7 7 7

7

7 7 7 7




77 77
7

77A7
77 77b7A
77772A7b
7777A772
7 7A77277Ab
77

SUP-71497
SUP-71497 [PRJ-71407] - SPECIAL USE PERMIT - APPLICANT/OWNER: PAMELA A. MAHER
718 LACY LANE
08/31/2017
SUP-71497 [PRJ-71407] - SPECIAL USE PERMIT - APPLICANT/OWNER: PAMELA A. MAHER
718 LACY LANE
08/31/2017
SUP-71497 [PRJ-71407] - SPECIAL USE PERMIT - APPLICANT/OWNER: PAMELA A. MAHER
718 LACY LANE
08/31/2017

SUP-71497
Agenda Item No.: 76.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71498 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
FLORIDA MARK, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED SHORT-TERM RESIDENTIAL RENTAL USE at 2000 Fontana Avenue (APN
139-33-110-043), R-1 (Single Family Residential) Zone, Ward 5 (Barlow) [PRJ-71208]. Staff
recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 6 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcards
SUP-71498 [PRJ-71208]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: FLORIDA MARK, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71498 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 23

NOTICES MAILED 411

PROTESTS 6

APPROVALS 0

CS
SUP-71498 [PRJ-71208]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71498 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. The use shall not include the rental or occupancy of an accessory structure (Class
I or II), a tent, a trailer or a mobile unit.

4. Prior to the issuance of a Short-Term Residential Rental business license, the


Department of Planning - Code Enforcement Division must approve an inspection
of the subject property.

5. Prior to the issuance of a Short-Term Residential Rental business license all


inspections required by the City of Las Vegas must be approved.

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

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

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

CS
SUP-71498 [PRJ-71208]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to operate a Short-Term Residential Rental use within the
existing single-family dwelling at 2000 Fontana Avenue.

ISSUES

Pursuant to Title 19.12, a Short-Term Residential Rental use is permitted in the R-1
(Single Family Residential) zoning district as a Conditional Use.
The applicant will not comply with the owner occupied requirement of the conditional
use regulations and therefore per Title 19.12.040 a Special Use Permit is required.
The applicant is required to schedule an inspection through the Department of
Planning - Code Enforcement Division. The inspection must be approved prior to the
issuance of the business license.

ANALYSIS

The subject property contains a single-family dwelling, is zoned R-1 (Single Family
Residential) and is subject to Title 19 requirements. The dwelling contains three
bedrooms per the Clark County Assessors records. The Short-Term Residential Rental
definition specifically prohibits the rental or occupancy of an accessory structure (Class I
or II), a tent, a trailer or a mobile unit. Staff has included a recommended condition that
includes that restriction.

A Short-Term Residential Rental use is permitted in the R-1 (Single Family Residential)
zoning district as a Conditional Use. The proposed use would not meet the Conditional
Use Regulation requiring it to be owner occupied during each period the unit is rented;
therefore, per Title 19.12.040 a Special Use Permit is required.

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 entire dwelling
unit or one or more individual rooms within 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. For purposes of this Title, this
use does not include the rental or occupancy of an accessory structure (Class I or II), a

CS
SUP-71498 [PRJ-71208]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

tent, a trailer or a mobile unit. In the case of a single parcel containing more than one
dwelling unit, each dwelling unit constitutes a separate short-term residential rental
use. Per the applicants justification letter date stamped on 08/23/17, the applicant
meets this definition, as they intend to rent out their single-family dwelling on a short-
term basis.

The Minimum Special Use Permit Requirements for this use include: (The requirements
marked with an asterisk cannot be waived.)

*1. The operator must obtain a business license to operate the use.

If this Special Use Permit is approved, the applicant will be required to obtain a
business license prior to operating.

*2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*3. The use must comply with the Citys noise regulations as they apply to residential
uses, as well as any applicable provisions of the Municipal Code that may pertain
to odor nuisances.

The Code Enforcement Division will investigate noise and odor nuisance
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or
access to other properties in the area.

The Code Enforcement Division will investigate traffic and access obstruction
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*5. In addition to and independent of any enforcement authority or remedy described


in this Title, the failure to comply with a Minimum Special Use Permit
Requirement or other condition of approval associated with this use may be
enforced as in the case of a violation of Title 6 by means of a civil proceeding
pursuant to LVMC 6.02.400 to 6.02.460, inclusive.

CS
SUP-71498 [PRJ-71208]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*6. The use is allowed in the P-O, O, C-1, C-2 and C-PB Zoning Districts only in
connection with the residential component of a mixed-use development or in a
dwelling unit permitted as a legal nonconforming use.

This condition does not apply, as the subject site is not zoned P-O, O, C-1, C-2
or C-PB.

*7. The maximum occupancy of the residential dwelling unit shall not exceed the
limits provided for in LVMC 6.75.090.

The Code Enforcement Division will investigate maximum occupancy allegations


and take enforcement action when appropriate. Reports of violations will be
forwarded to the Business Licensing Division for action when appropriate.

8. The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).

The proposed use meets this requirement, as the subject property is more than
660 feet from the nearest Short-Term Residential Rental use.

Additional parking for a Short-Term Residential Rental is only required if the unit has
more than five bedrooms, at which point one additional space shall be required for
every two additional bedrooms or fractional portion thereof. The proposed Short-Term
Residential Rental has three bedrooms and therefore is not required to provide
additional parking.

The subject property is located on the corner end of a cul-de-sac within a residential
subdivision. The site meets the distance separation requirements and the use can be
conducted in a manner that is harmonious with the existing surrounding land uses.
Therefore, staff recommends approval subject to conditions.

FINDINGS (SUP-71248)

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

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


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

CS
SUP-71498 [PRJ-71208]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

The proposed Short-Term Residential Rental use can be conducted in a manner


that is harmonious and compatible with the existing surrounding land uses. The
subject property is located more than 660 feet from another Short-Term
Residential Use.

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

The subject site is physically suitable for the use as a Short-Term Residential
Rental.

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


adequate in size to meet the requirements of the proposed use.

The proposed Short-Term Residential Rental use will be accessed from Fontana
Avenue and Montrose Street, both 50-foot wide local streets, which will provide
adequate access for the proposed use.

4. Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.

The approval of the Special Use Permit on this subject property will be subject to
conditions of approval, business license approval, and compliance inspections to
assure it will not compromise the public health safety and welfare.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Short-Term Residential Rental use complies with all of the Special
Use Permit requirements listed in Title 19.12.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The Planning Department denied a Conditional Use Verification (CUV-
06/26/17 71050) for a Short-Term Residential Use due to the owner occupied
requirement.

Most Recent Change of Ownership


06/20/17 A deed was recorded for a change in ownership.

CS
SUP-71498 [PRJ-71208]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


There are no related building permits/business licenses on file.

Pre-Application Meeting
A pre-application meeting was held with the applicant where the
07/19/17
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 a well maintained
08/31/17
single family dwelling.

Details of Application Request


Site Area
Net Acres 0.17

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family, L (Low Density R-1 (Single Family
Property Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
North
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
South
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
East
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
West
Detached Residential) Residential)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District Y

CS
SUP-71498 [PRJ-71208]
Staff Report Page Six
October 10, 2017 - Planning Commission Meeting

Other Plans or Special Requirements Compliance


Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Fontana Avenue Local Street Title 13 50 Feet Y
Montrose Street Local Street Title 13 50 Feet Y

CS
SUP-71498



CLV Planning - Application Form
Application Number: PRJ-71208

Application/Petition For: PRJ - 71208 - SUP

ProjectAddress (Location): 2000 FONTANA AVE

Project Name SHORT TERM RENTAL 2000 FONTANA AVE

Assessors Parcel #(s): 13933110043

Ward #: WARD 5 (RICKI Y. BARLOW)

Is the Application Information Yes


Correct:
If no, ...change what

General Plan Designation: Proposed: Select

Zoning District: Proposed: Select

Gross Acres:

Lots/Units:

Additional Information:

Applicant First Name: ron

Applicant Last Name: nir

Applicant Address: 8022 Rainbow Blvd #119

Applicant City: las vegas

Applicant State: NV

Applicant Zip: 89139

Applicant Phone: 310-500-7805

Applicant Fax: 702-974-1445

Applicant Email: ronnir@gmail.com

Rep First Name: ron

Rep Last Name: nir

Rep Address: 8022 Rainbow Blvd #119

Rep City: las vegas

Rep State: NV

Rep Zip: 89139

Rep Phone: 310-500-7805

Rep Fax: 702-974-1445

Rep Email: ronnir@gmail.com

8/31/2017 3:09:44 PM SUP-71498 Page 1 of 2


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

If no, ...change what

Owner(s) ADDR1 ADDR2


FLORIDA MARK L L C 8022 S RAINBOW BLVD #119 LAS VEGAS, NV 89139

CLVEPLAN Applicant Company Title Email


ron nir Florida Mark, LLC manager ronnir@gmail.com

8/31/2017 3:09:44 PM SUP-71498 Page 2 of 2



SUP-71498
SUP-71498


SUP-71498 [PRJ-71208] - SPECIAL USE PERMIT - APPLICANT/OWNER: FLORIDA MARK, LLC
2000 FONTANA AVENUE
08/31/2017

SUP-71498
Agenda Item No.: 77.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SDR-71507 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING - APPLICANT:
KAMRAN FOULADBAKHSH - OWNER: PROVIEW SERIES 32, LLC - For possible action
on a request for a Site Development Plan Review FOR PROPOSED FACADE
IMPROVEMENTS AND 8,275 SQUARE-FOOT ADDITION TO AN EXISTING 5,800
SQUARE-FOOT COMMERCIAL BUILDING WITH A 4,500 SQUARE-FOOT OUTDOOR
PATIO AREA on 0.48 acres located on the northeast corner of Imperial Avenue and Main Street
(APN 162-03-105-008), C-M (Commercial/Industrial) Zone, Ward 3 (Coffin) [PRJ-71398].
Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 11/15/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 4
City Council Meeting 0 City Council Meeting 0

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. Traffic Notes from City of Las Vegas Department of Public Works
7. Support Postcards
SDR-71507 [PRJ-71398]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: KAMRAN FOULADBAKHSH - OWNER:
PROVIEW SERIES 32, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SDR-71507 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 26

NOTICES MAILED 193

PROTESTS 0

APPROVALS 3

JB
SDR-71507 [PRJ-71398]
Conditions Page One
October 10, 2017 - Planning Commission Meeting

** CONDITIONS **

SDR-71507 CONDITIONS

Planning

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

2. All development shall be in conformance with the site plan and building elevations,
date stamped 08/24/17, 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. All utility or mechanical equipment shall comply with the provisions of the
Downtown Centennial Plan, unless approved by a separate Waiver.

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

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

Public Works

8. Dedicate an addition 5 feet of right-of-way adjacent to this site on Main Street prior
to issuance of permits for this site.

9. Remove all substandard public street improvements and unused driveway cuts
adjacent to this site and replace with new improvements meeting Current
Downtown standards concurrent with development of this site, except as amended
by conditions herein. All existing paving damaged or removed by this development
shall be restored at its original location and to its original width concurrent with
development of this site.

JB
SDR-71507 [PRJ-71398]
Conditions Page Two
October 10, 2017 - Planning Commission Meeting

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

11. Per Title 19.02.090, no privately maintained sewer grease, sand, or oil separator
cleanout may be constructed in the public right-of-way.

12. Contact the City Engineers Office at 702-229-6272 to coordinate the development
of this project with the Main Street One-way Couplet project and any other public
improvement projects adjacent to this site. Comply with the recommendations of
the City Engineer.

13. Prior to the approval of Construction drawings for this site, sign a Covenant
Running with Land agreement for the 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.

14. Submit a License Agreement for landscaping and private improvements in the
Main Street and Imperial 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).

15. A Traffic Impact Analysis must be submitted to and approved by the Department of
Public Works prior to the issuance of any building or grading permits, submittal of
any construction drawings or the recordation of a Map subdividing this site,
whichever may occur first. Comply with the recommendations of the approved
Traffic Impact Analysis prior to occupancy of the site. 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. Rideshare pick up
and drop off locations must be approved by the Department of Public Works and
such locations shall be shown on the approved construction drawings for this site.

JB
SDR-71507 [PRJ-71398]
Conditions Page Three
October 10, 2017 - Planning Commission Meeting

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, or the submittal of a map for this site, whichever may occur first. Provide
and improve all drainage ways as recommended.

JB
SDR-71507 [PRJ-71398]
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Site Development Plan Review for a proposed 8,275 square-foot
expansion to an existing 5,800 square-foot commercial building on 0.48 acres located
on the northeast corner of Imperial Avenue and Main Street.

ISSUES

Per the Downtown Centennial Plan Area Threshold requirements, the proposed
8,275 square-foot addition represents a modification to an existing structure resulting
in net floor area expansion exceeding 10% or 5,000 SF (whichever is less) of floor
area of the existing structure and requires a Major Site Development Plan review.
Staff recommends denial of the request.
There are no proposed alterations to the existing streetscape design; this proposal is
limited to the 8,275 square-foot expansion of the existing building.
The 8,275 square-foot addition includes a 4,500 square-foot patio area adjacent to
Main Street.

ANALYSIS

The proposed building addition will be located on the eastern perimeter of the existing
building adjacent to alleyway. The subject site is located in the Las Vegas Downtown
Centennial Plan Downtown South district, within the C-M (Commercial/Industrial)
zoning district. The subject site was previously utilized as an Auto Repair Garage, Major
use. However, the applicant has proposed to utilize this site as a shell building for future
retail uses which are permitted in the C-M (Commercial/Industrial) zoning district.

The proposed building elevations indicate that the west elevation of the building, which
faces Main Street, will be finished with corten steel panels, charcoal CMU block and
charcoal steel panels. The overall height of the structure will remain the same at 12 feet
in height when measured to the top of the roof parapet. All existing streetscape design
along Main Street and Imperial Avenue will not be affected by this proposal. Per the
Downtown Centennial Plan Area Threshold requirements, the subject site is considered
a partial block frontage, so any streetscape not implemented due to existing conditions
will require a Covenant Running with Land to obtain property owners consent for future
improvements. A condition has been added to address this concern

JB
SDR-71507 [PRJ-71398]
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

The submitted site plan indicates that no parking spaces will be provided for the site.
Projects located within the Las Vegas Downtown Centennial Plan area are not subject
to the automatic application of parking requirements, however 81 parking spaces is the
minimum required for a commercial development of this size. Staff has determined that
by providing no on-site parking to accommodate future land uses on the subject site will
have a negative impact, as on-street parking opportunities are limited within the
surrounding area. In addition, this project will add approximately 1,431 trips per day on
Imperial Avenue, Main Street and Wyoming Avenue. Currently, Main Street is at about
52 percent of capacity and Wyoming Avenue is at about 63 percent of capacity. With
this project, Main Street is expected to be at about 57 percent of capacity and Wyoming
to be at about 69 percent of capacity. Counts are not available for Imperial, but it is
believed to be under capacity. Based on Peak Hour use, this development will add into
the area roughly 139 additional cars, or about five every two minutes.

This parcel is currently served by Las Vegas Valley Water District (LVVWD) for
domestic only but the domestic services do not have the required backflow prevention
per NAC 445A.67195. Civil plans will need to be submitted to LVVWD for fire flow
availability and/or a fire service and backflow retrofit. It should be noted that the existing
services for this parcel are located on Imperial Ave., just east of the alley. The
development proposes a fire sprinkler system which will require a large above-ground
backflow preventer and the current site plan indicates that utilities will be installed on a
concrete pad within the building footprint adjacent to the alleyway. A condition has been
added that requires all utility or mechanical equipment to comply with the provisions of
the Downtown Centennial Plan for screening.

Since this project provides no on-site parking, where 81 parking spaces is the minimum
required for a commercial development of this size and will significantly impact parking
in the immediate area; staff recommend denial of this proposed development with
conditions.

FINDINGS (SDR-71507)

In order to approve a Site Development Plan Review application, per Title 19.16.100(E)
the Planning Commission and/or City Council must affirm the following:

1. The proposed development is compatible with adjacent development and


development in the area;

The proposed building addition and elevation changes are compatible with the
surrounding area and adjacent automotive repair, multi-family and general office
land uses. However, the subject provides zero parking spaces where 81 parking
spaces is the minimum required for a commercial development of this size if

JB
SDR-71507 [PRJ-71398]
Staff Report Page Three
October 10, 2017 - Planning Commission Meeting

outside the Downtown Centennial Plan Area. Since this development significantly
impacts available on-street parking in the immediate area staff recommends
denial of the proposed development.

2. The proposed development is consistent with the General Plan, this Title,
and other duly-adopted city plans, policies and standards;

The proposed commercial building and proposed retail uses continue to meet all
minimum city standards and remains a permissible land use in Las Vegas
Downtown Centennial Plan Downtown South District. The proposed building
addition and elevation changes are consistent with the all city plans, policies and
standards.

3. Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;

Site access is provided from Main Street a 100-foot Primary Arterial Street and
Imperial Avenue a 80-foot Major Collector Street. These streets are sufficient in
size to accommodate the needs of the proposed use.

4. Building and landscape materials are appropriate for the area and for the
City;

The proposed building addition will be finished to match the proposed front facade
which will be finished with corten steel panels, charcoal CMU block and charcoal
steel panels. The project design and style are appropriate for the subject location
and will be harmonious with buildings in the surrounding area.

5. Building elevations, design characteristics and other architectural and


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

The design characteristics of the proposed building elevations are not unsightly
and are compatible with development in the area. The applicant is seeking to
update the appearance of the existing office building and provide additional floor
area for a new tenant. The proposed materials provide a suitable update for the
surrounding commercial uses and the desert environment.

6. Appropriate measures are taken to secure and protect the public health,
safety and general welfare.

JB
SDR-71507 [PRJ-71398]
Staff Report Page Four
October 10, 2017 - Planning Commission Meeting

The proposed building addition and elevation changes to the existing commercial
building will be subject to inspections in order to protect the public health, safety
and general welfare by City staff.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc


The City Council approved a request for a Special Use Permit (U-
0171-89) to allow a 12-foot by 24-foot Off-Premise Advertising
12/20/89
(Billboard) Sign at 1323 South Main Street. The Board of Zoning
Adjustment recommended approval.
The City Council approved a five-year Required Review [U-0171-
89(1)] of an approved Special Use Permit (U-0171-89) which allowed a
01/18/95
12-foot by 24-foot Off-Premise Advertising (Billboard) Sign at 1323
South Main Street.
The City Council approved an appeal of the denial by the Planning
Commission of a five year Required Review [U-0171-89(2)] of an
04/05/00 approved Special Use Permit (U-0171-89) which allowed a 12-foot by
24-foot Off-Premise Advertising (Billboard) Sign at 1323 South Main
Street.
The City Council approved a two-year Required Review [U-0171-
89(3)] of an approved Special Use Permit (U-0171-89) which allowed a
06/05/02
12-foot by 24-foot Off-Premise Advertising (Billboard) Sign at 1323
South Main Street.
The City Council approved a two-year Required Review (RQR-4271)
of an approved Special Use Permit (U-0171-89) which allowed a 40-
07/07/04 foot tall, 12-foot by 24-foot Off-Premise Advertising (Billboard) Sign at
1323 South Main Street. The Planning Commission and staff
recommended approval.
The City Council approved a one-year Required Review (RQR-8821)
of an approved Special Use Permit (U-0171-89) which allowed a 40-
11/16/05 foot tall, 12-foot by 24-foot Off-Premise Advertising (Billboard) Sign at
1323 South Main Street. The Planning Commission recommended
approval, staff recommended denial.
The City Council approved a six-month Required Review (RQR-
12716) of an approved Special Use Permit (U-0171-89) which allowed
06/21/06 a 40-foot tall, 12-foot by 24-foot Off-Premise Advertising (Billboard)
Sign at 1323 South Main Street. The Planning Commission
recommended approval, staff recommended denial.
The City Council approved a two-year Required Review (RQR-30321)
of an approved Special Use Permit (U-0171-89) for a 40-foot tall, 12-
12/17/08 foot by 24-foot Off-Premise Sign (Billboard) at 1323 South Main Street.
The Planning Commission recommended approval, staff
recommended denial.
JB
SDR-71507 [PRJ-71398]
Staff Report Page Five
October 10, 2017 - Planning Commission Meeting

Related Relevant City Actions by Planning, Fire, Bldg., etc


The City Council approved a five-year Required Review (RQR-44084)
of an approved Special Use Permit (U-0171-89) for a 40-foot tall, 12-
03/21/12
foot by 24-foot Off-Premise Sign at 1323 South Main Street. The
Planning Commission and staff recommended approval.
A Final Map (FMP-67406) was recorded for reversion to acreage of
lots 6, 7 and 8 of the Boulder Addition to the City of Las Vegas on 0.48
12/28/16
acres at the southwest corner of South Main Street and Imperial
Street.
The City Council approved a five-year Required Review (RQR-68082)
of an approved Special Use Permit (U-0171-89) for a 40-foot tall, 12-
03/15/17
foot by 24-foot Off-Premise Sign at 1323 South Main Street. The
Planning Commission and staff recommended approval.

Most Recent Change of Ownership


10/06/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


Clark County Assessor records indicate the subject building was
Circa 1966
constructed in 1966.
A Code Enforcement Case (#171825) was issued for a homeless
10/31/16 encampment, trash and graffiti located at 1323 South Main Street. The
case was resolved on 11/29/16.
A Code Enforcement Case (#174448) was issued for an existing off-
02/06/17 premise (billboard) sign in disrepair located at 1323 South Main Street.
The case was resolved on 02/21/17.
A Code Enforcement Case (#176951) was issued for graffiti located at
04/03/17
1323 South Main Street. The case was resolved on 05/10/17.
A Code Enforcement Case (#177116) was issued for graffiti located at
1321 South Main Street. The case was resolved on 05/10/17.
04/06/17
A Code Enforcement Case (#177117) was issued for graffiti located at
1325 South Main Street. The case was resolved on 05/10/17.
A Code Enforcement Case (#181304) was issued for graffiti located at
08/03/17
1323 South Main Street. The case was resolved on 08/07/17.
A Code Enforcement Case (#181651) was issued for graffiti located at
08/15/17
1321 South Main Street. The case was resolved on 08/16/17.

JB
SDR-71507 [PRJ-71398]
Staff Report Page Six
October 10, 2017 - Planning Commission Meeting

Pre-Application Meeting
A meeting was held with the applicant to discuss the submittal process
08/10/17 and procedures for a Site Development Plan Review for a proposed
expansion of an existing commercial building.

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

Field Check
During a routine field check staff found a well maintained site free from
08/31/17
debris or litter.

Details of Application Request


Site Area
Gross Acres 0.48

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Proposed General C-M
C (Commercial)
Property Retail (Commercial/Industrial)
C-M
North General Retail C (Commercial)
(Commercial/Industrial)
Auto Repair C-M
South C (Commercial)
Garage, Minor (Commercial/Industrial)
Office, Other than C-1 (Limited
Listed Commercial)
East MXU (Mixed-Use)
Multi-Family R-4 (High Density
Residential Residential)
Auto Repair
C-M
West Garage, Major C (Commercial)
(Commercial/Industrial)
Undeveloped

Master and Neighborhood Plan Areas Compliance


Downtown Centennial Plan Downtown South Y

JB
SDR-71507 [PRJ-71398]
Staff Report Page Seven
October 10, 2017 - Planning Commission Meeting

Special Area and Overlay Districts Compliance


A-O (Airport Overlay) District (200 Feet) Y
DCP-O (Downtown Centennial Plan Overlay) District Y
LW-O (Live/Work Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Y
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Pursuant to Downtown Centennial Plan, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Setbacks
Front (Imperial Ave) 70% along Property Line 100% Y
Side (west) N/A 39 Feet Y
Side (east) N/A 0 Feet Y
Rear N/A 0 Feet Y
Screened,
Gated, w/
Trash Enclosure Y
Screened, Gated, w/ a Roof a Roof or
or Trellis Trellis
Mech. Equipment Screened Screened Y

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Imperial Avenue Major Collector Streets and 80 Feet Y
Highways
Master Plan of
Main Street Primary Arterial Streets and 100 Feet Y
Highways

JB
SDR-71507 [PRJ-71398]
Staff Report Page Eight
October 10, 2017 - Planning Commission Meeting

Streetscape Standards Required Provided Compliance


Five-foot wide amenity N*
Zero-foot
zone
10-foot wide sidewalk 15 Feet Y
36-inch box trees at 15
Downtown Centennial Plan
to 20 feet
0 Trees (existing)
intervals along Main Y
Street and Imperial
Avenue.
*A covenant running with the land will be required to obtain the property owners consent
for future improvements.

Parking Requirement - Downtown


Gross Floor Base Parking Requirement Provided Compliance
Area or Parking Parking
Use Parking
Number of Ratio Handi- Handi-
Regular Regular
Units capped capped
General
14,075 SF 1:175 81
Retail
TOTAL SPACES REQUIRED 81 0 N*
Regular and Handicap Spaces Required 77 4 0 0 N*
*Projects located within the Las Vegas Downtown Centennial Plan area are not subject to
the automatic application of parking requirements. However, the above table should be used
to illustrate the requirements of an analogous project in another location in the City.

JB
SDR-71507



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SDR-71507
SDR-71507 [PRJ-71398] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: KAMRAN FOULADBAKHSH -
OWNER: PROVIEW SERIES 32, LLC
NORTHEAST CORNER OF IMPERIAL AVENUE AND MAIN STREET
08/31/2017
SDR-71507 [PRJ-71398] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: KAMRAN FOULADBAKHSH -
OWNER: PROVIEW SERIES 32, LLC
NORTHEAST CORNER OF IMPERIAL AVENUE AND MAIN STREET
08/31/2017
SDR-71507 [PRJ-71398] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: KAMRAN FOULADBAKHSH -
OWNER: PROVIEW SERIES 32, LLC
NORTHEAST CORNER OF IMPERIAL AVENUE AND MAIN STREET
08/31/2017
SDR-71507 [PRJ-71398] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: KAMRAN FOULADBAKHSH -
OWNER: PROVIEW SERIES 32, LLC
NORTHEAST CORNER OF IMPERIAL AVENUE AND MAIN STREET
08/31/2017
SDR-71507 [PRJ-71398] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: KAMRAN FOULADBAKHSH -
OWNER: PROVIEW SERIES 32, LLC
NORTHEAST CORNER OF IMPERIAL AVENUE AND MAIN STREET
08/31/2017
SDR-71507 [PRJ-71398] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: KAMRAN FOULADBAKHSH -
OWNER: PROVIEW SERIES 32, LLC
NORTHEAST CORNER OF IMPERIAL AVENUE AND MAIN STREET
08/31/2017

SDR-71507
SDR 71507
Karman Fouladbakhsh

NEC Imperial Avenue and Main Street


Proposed 14.075 thousand square foot restaurant development.

Existing Use

Average Daily Traffic (ADT) 61.91 359


AM Peak Hour AUTOMOBILE PART SALES [1000SF] 5.8 2.21 13
PM Peak Hour 5.98 35

New Use with Expansion

Average Daily Traffic (ADT) 127.15 1,790


HIGH-TURNOVER (SIT-DWN)
AM Peak Hour 14.075 10.81 152
RESTAURANT [1000 SF]
PM Peak Hour 9.85 139

Net Change

Average Daily Traffic (ADT) 127.15 1,431


HIGH-TURNOVER (SIT-DWN)
AM Peak Hour 14.075 10.81 139
RESTAURANT [1000 SF]
PM Peak Hour 9.85 104

Existing traffic on nearby streets:


Main Street
Average Daily Traffic (ADT) 15,918
PM Peak Hour (heaviest 60 minutes) 1,273

Wyoming Avenue
Average Daily Traffic (ADT) 15,672
PM Peak Hour (heaviest 60 minutes) 1,254

Traffic Capacity of adjacent streets:


Adjacent Street ADT Capacity
Main Street 30,540
Wyoming Avenue 24,700

This project will add approximately 1,431 trips per day on Imperial Ave., Main St. and Wyoming Ave. Currently, Main is at
about 52 percent of capacity and Wyoming is at about 63 percent of capacity. With this project, Main is expected to be at
about 57 percent of capacity and Wyoming to be at about 69 percent of capacity. Counts are not available for Imperial, but
it is believed to be under capacity.

Based on Peak Hour use, this development will add into the area roughly 139 additional cars, or about five every two
minutes.

Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 78.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - TXT-66412 - TEXT AMENDMENT - PUBLIC HEARING -
APPLICANT/OWNER: CITY OF LAS VEGAS - For possible action on a request to remove
and replace the Downtown Centennial Plan with the Interim Downtown Las Vegas Urban Form
Standards and amend LVMC Title 19 as applicable, and to provide for other related matters.
Staff recommends APPROVAL.

THIS ITEM WILL BE FORWARDED TO CITY COUNCIL IN ORDINANCE FORM

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL

BACKUP DOCUMENTATION:
1. Proposed Amendments and Staff Report
2. Exhibit A - Figure 1 - Vision 2045 Downtown Las Vegas Masterplan Districts Map
3. Exhibit B - Interim Downtown Las Vegas Urban Form Standards
4. Exhibit C - Figure 2 - Areas within the Downtown Las Vegas Overlay
TXT-66412

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** SUMMARY**

TXT-66412 (LVMC Title 19 Remove and Replace the DCP-O


(Downtown Centennial Plan Overlay District) with the updated DTLV-O
(Downtown Las Vegas Overlay District) and provide for other related
matters
Code Requirement Existing Regulation Proposed Regulation
Title Outlines the Overlay districts Removes the DCP-O Downtown
19.00.100(B)(4) established by the Title. Centennial Plan Overlay and replaces
with the updated DTLV-O
Downtown Las Vegas Overlay.
Title 19.06.040(J) Contains language exempting the Replaces reference to the DCP-O
automatic application of the Downtown Centennial Plan Overlay
residential development with the updated DTLV-O
standards, including the Downtown Las Vegas Overlay.
Residential Adjacency Setback.
Title 19.08.040(I) Contains language exempting the Replaces reference to the DCP-O
automatic application of the Downtown Centennial Plan Overlay
commercial development with the updated DTLV-O
standards, including the Downtown Las Vegas Overlay.
Residential Adjacency Setback.
Title Contains language exempting the Replaces reference to the DCP-O
19.08.110(D)(2) automatic application of the on- Downtown Centennial Plan Overlay
site loading standards for uses with the updated DTLV-O
that receive and distribute Downtown Las Vegas Overlay.
materials or merchandise by truck
within the DCP-O Downtown
Centennial Plan Overlay.
Title References the DCP-O Downtown Replaces reference to the DCP-O
19.08.120(H)(1)(a) Centennial Plan Overlay District Downtown Centennial Plan Overlay
as the applicable boundaries for with the updated DTLV-O
Supergraphic Signage. Downtown Las Vegas Overlay.

MH
TXT-66412
Summary Page Two
October 10, 2017 - Planning Commission Meeting

Title States the requirement that three Replaces reference to the DCP-O
19.10.100(D)(d) business owners located within Downtown Centennial Plan Overlay
the DCP-O Downtown Centennial with the updated DTLV-O
Plan Overlay District, and as Downtown Las Vegas Overlay.
appointed by the Mayor, sit on the
Downtown Design Review
Committee (DDRC).
Title 19.10.110 Outlines the Intent, the Design Removes reference to the
Standards, and Special Provisions Downtown Centennial Plan and
for the DCP-O Downtown replaces it with the updated Interim
Centennial Plan Overlay District. Downtown Las Vegas Urban Form
Standards, which encapsulates the
revised Intent, Downtown Design
Standards, and Special Provisions
for the expanded downtown Las
Vegas Master Plan Area.
Title 19.10.110 Contains Maps outlining the Replaces references to the DCP-O
Figure 1 extent of the DCP-O Downtown Downtown Centennial Plan Overlay
Centennial Plan Overlay District. and related maps with the updated
DTLV-O Downtown Las Vegas
Overlay and related maps.
Title 19.10.110 Provides a reference to the Replaces references to the
Figure 2 Centennial Plan. Downtown Centennial Plan with the
updated Interim Downtown Las
Vegas Urban Form Standards.
Title Contains language regarding the Removes this paragraph, as the
19.10.160(C)(1)(b) standards for signage located proposed boundary expansion of the
outside of the DCP-O Downtown updated Downtown Las Vegas
Centennial Plan Overlay District, Overlay District covers the length of
DC-O Downtown Casino Overlay the SB-O Scenic Byway Overlay
District or the DE-O Downtown District and makes this a moot
Entertainment Overlay District. point.
Title 19.12.070 Provides the descriptions and Replaces all references to the DCP-
applicable use regulations for all O Downtown Centennial Plan
uses, particularly: Liquor Overlay, where applicable, with the
Establishment; Night Club; updated DTLV-O Downtown Las
Senior Citizen Apartments; Vegas Overlay, the Interim
Sexually Oriented Business; and Downtown Las Vegas Urban Form
Urban Lounge. Standards, and the updated
downtown district names and
boundaries.

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TXT-66412
Summary Page Three
October 10, 2017 - Planning Commission Meeting

Title Provides language for Master Replaces reference to the DCP-O


19.16.270(D)(2)(a) Sign Plan conformance, to Downtown Centennial Plan Overlay
include such sign plans located with the updated DTLV-O
within the DCP-O Downtown Downtown Las Vegas Overlay.
Centennial Plan Overlay District.
Title 19.18.020 Provides the definitions to Replaces reference to the DCP-O
various planning and land use Downtown Centennial Plan Overlay
terms, particularly: Urban Core with the updated DTLV-O
Area. Downtown Las Vegas Overlay.
Title 6.50.020 Contains language defining the Replaces reference to the Downtown
Downtown Centennial Plan Centennial Plan Overlay District
Overlay District and its boundary with the updated Downtown Las
within the context of liquor Vegas Overlay District.
control.
Title References the Downtown Replaces reference to the Downtown
6.50.250(A)(2) Centennial Plan Overlay District Centennial Plan Overlay District
as one of the applicable with the updated Area 1 of the
boundaries to consider for the Downtown Las Vegas Overlay
issuance of a tavern-limited District and the Symphony Park
license. District, as described in the Interim
Downtown Las Vegas Urban Form
Standards.
Title 6.50.255(A) References the boundaries of the Replaces the reference to the
Las Vegas Arts District as Downtown Centennial Plan with the
described in the Downtown Interim Downtown Las Vegas Urban
Centennial Plan within the Form Standards.
context of urban lounge licenses.
Title 11.53.010 Outlines the criteria to be used Replaces the reference to the
by the city for the installation, Downtown Centennial Plan with the
removal, and regulation of valet DTLV-O Downtown Las Vegas
parking in public rights-of-way Overlay.
within the boundaries of the
Downtown Centennial Plan.

MH
TXT-66412

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** STAFF RECOMMENDATION **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
TXT-66412 Staff RECOMMENDS APPROVAL.

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED N/A

NOTICES MAILED Newspaper Notification Only

APPROVALS 0

PROTESTS 0

MH
TXT-66412
Proposed Amendments Page One
October 10, 2017 - Planning Commission Meeting

**PROPOSED AMENDMENTS**

1. Title 19.00.100(B) Table 4, Official Zoning Map Establishment of Zones, is hereby


amended by adding thereto a new commercial zoning district as follows:

Abbreviated Zoning District District


Designation Name Purpose
A-O Airport Overlay 19.10.080
C-D Designed Commercial Overlay 19.10.090
DC-O Downtown Casino Overlay 19.10.100
DCP- DTLV-O Downtown Centennial Plan Overlay 19.10.110
Downtown Las Vegas Overlay
DE-O Downtown Entertainment Overlay 19.10.120
G-O Gaming Overlay 19.10.130
HS-O Hillside Development Overlay 19.10.140
HD-O Historic Designation Overlay 19.10.150
SB-O Scenic Byway Overlay 19.10.160
LW-O Live/Work Overlay 19.10.170
RP-O Rural Preservation Overlay 19.10.180

2. LVMC Chapter 19.06.040(J), [Residential] Development Standards, is hereby


amended as follows:

J. Downtown Centennial Plan Overlay District Downtown Las Vegas


Overlay District

Building Height, Setback and Lot Coverage. All structures located in the
Downtown Centennial Plan Overlay District Downtown Las Vegas Overlay District
are exempted from the automatic application of the building height, building
setback and lot coverage provisions of this Chapter, including the Residential Ad-
jacency Setback, provided, however, that this exemption does not prohibit the
City Council from imposing a building height, setback or lot coverage requirement
in connection with the approval of a Site Development Plan.

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TXT-66412
Proposed Amendments Page Two
October 10, 2017 - Planning Commission Meeting

3. LVMC Chapter 19.08.040(I), [Commercial] Development Standards, is hereby


amended as follows:

I. Downtown Centennial Plan Overlay District Downtown Las Vegas


Overlay District

All structures located in the Downtown Centennial Plan Overlay District Downtown
Las Vegas Overlay District are exempted from the automatic application of the
building height, building setback and lot coverage provisions of this Chapter,
including the Residential Adjacency Setback, provided, however, that this exemp-
tion does not prohibit the City Council from imposing a building height, setback or
lot coverage requirement in connection with the approval of a Site Development
Plan.

4. LVMC Chapter 19.08.110(D)(2) is hereby amended as follows:

2. Applicability

Except for the uses within the Downtown Centennial Plan Overlay District
Downtown Las Vegas Overlay District, every use that receives or distributes
materials or merchandise by truck shall provide and maintain on-site loading
spaces in accordance with the standards of this Section.

5. LVMC Chapter 19.08.120(H)(1)(a), is hereby amended as follows:

H. Supergraphic Signage

1. General Provisions.

a. Supergraphic signage is permitted within the City, but only within the
boundaries of the Downtown Centennial Plan Overlay District Downtown Las
Vegas Overlay District, as described in LVMC 19.10.110 and only in accordance
with this Subsection (H).

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TXT-66412
Proposed Amendments Page Three
October 10, 2017 - Planning Commission Meeting

6. LVMC Chapter 19.10.100(D)(d), is hereby amended as follows:

D. Special Sign Standards-Review and Approval Procedures

1. Downtown Design Review Committee. There is hereby created a


Downtown Design Review Committee (DDRC) for the review of signs
proposed to be located within the District. The DDRC shall be composed
of:

a. Two members of the Planning Commission appointed by the


Commission;

b. One representative of the Department designated by the Director;

c. One representative of the Citys Department of Economic and Urban


Development, designated by the its Director; and

d. Three owners of businesses located within the DCP-O Downtown


Centennial Plan Overlay District Downtown Las Vegas Overlay
District.

7. LVMC Chapter 19.10.110 is hereby amended as follows:

A. Intent

The intent of the Downtown Centennial Plan Overlay District Downtown Las
Vegas Overlay District is to establish special design standards for development
within the Citys established urban core. The boundaries of the District shall be
coterminous with the boundaries of the Las Vegas Downtown Centennial Plan
Interim Downtown Las Vegas Urban Form Standards (see Figure 2), as
adopted by ordinance, and as the boundaries may be amended from time to
time.

B. Downtown Design Development Standards

Development within the Downtown Centennial Plan Downtown Las Vegas Overlay
District shall conform to the Downtown Las Vegas Design Standards Interim
Downtown Las Vegas Urban Form Standards (the Design Development
Standards), which are included within the Las Vegas Downtown Centennial Plan
Interim Downtown Las Vegas Urban Form Standards document.

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Proposed Amendments Page Four
October 10, 2017 - Planning Commission Meeting

Those Design Development Standards are adopted and incorporated by this


reference. In addition, development within the boundaries of any sub-districts
within the Downtown Centennial Plan Overlay District Downtown Las Vegas
Overlay District shall conform to applicable Design Development Standards that
have been adopted for that sub-district. As and when such Design Development
Standards for sub-districts are adopted, they shall be deemed to be incorporated
into this Subsection by this reference. Copies of all Design Development
Standards adopted by the City Council (whether published separately or not) shall
be on file in the Office of the City Clerk and in the Department. The Downtown
Centennial Plan Downtown Las Vegas Overlay District Design Development
Standards are mandatory and shall apply to any property and zoning category
within the District, and any Design Development Standards adopted for any sub-
district are mandatory and shall apply to any property and zoning category within
the sub-district to which they pertain. Design Development Standards referred to
in this subsection may be amended from time to time by ordinance or by
resolution of the City Council. If the City Council adopts more restrictive design
development standards for one or more additional sub-districts within the
Downtown Centennial Plan Overlay District Downtown Las Vegas Overlay
District, those more restrictive standards shall apply to the sub-district to which
they pertain.

C. Special Provisions

In order to encourage the development of a complex, visually interesting and


urbane walkable mixed-use environment, and to encourage transit-oriented
development as future transit routes and stations develop within the Downtown
area, properties within the Downtown Centennial Plan Overlay District Downtown
Las Vegas Overlay District are exempt from the automatic application of the
mandatory maximum building height, required building setback, maximum lot
coverage, residential adjacency, standard landscaping requirements, and
standard parking requirements in this Title. 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. Site Development Plan
applications within the Downtown Centennial Plan Overlay District Downtown Las
Vegas Overlay District shall be evaluated on a case-by-case basis to determine
the extent to which those standards shall be required.

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TXT-66412
Proposed Amendments Page Five
October 10, 2017 - Planning Commission Meeting

8. LVMC Chapter 19.10.110 Figure 1, Downtown Centennial Plan Overlay District


Maps is hereby amended by removing the Downtown Centennial Plan Overlay
District Maps and their references and replacing them with the Downtown Las
Vegas Overlay district Maps and their references.

9. LVMC Chapter 19.10.110 Figure 2, Las Vegas Downtown Centennial Plan is


hereby amended by removing the Las Vegas Downtown Centennial Plan figure
and its references and replacing it with the Interim Downtown Urban Form
Standards figure and its references.

10. LVMC Chapter 19.10.160(C)(1)(b), is hereby amended as follows:

C. Sign Standards

Relationship to Other Provisions. Standards governing signs located


within the boundaries of the SB-O District are intended to be the most
restrictive. Except as otherwise modified, required or prohibited by this
Section, all signage within the Las Vegas Boulevard Scenic Byway
Overlay District shall be governed by and subject to:

a. All applicable standards and procedures in this Title; and


b. The review and approval procedures set forth in Subsection (D) of
LVMC 19.10.100, irrespective of where in the Las Vegas Boulevard
Scenic Byway Overlay District the signage will be located. The
provisions of LVMC 19.10.100(D)(8) shall apply to the supergraphic
signage within the SB-O District

For signage on properties that are not located within the boundaries of the
DCP-O Downtown Centennial Plan Overlay District, DC-O Downtown
Casino Overlay District or the DE-O Downtown Entertainment Overlay
District, the applicable sign standards will be set forth in LVMC 19.08.120,
as well as the standards set forth in Paragraphs (2) through (4) below.

11. LVMC Chapter 19.12.070, Permissible Uses Permissible Use Descriptions and
Applicable Conditions and Requirements, is hereby amended by amending the
minimum special use requirements for the Liquor Establishment (Tavern) entry
as follows:

Minimum Special Use Permit Requirements

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TXT-66412
Proposed Amendments Page Six
October 10, 2017 - Planning Commission Meeting

5. The distance separation requirement set forth in Requirement 1 may be


waived in accordance with the provisions of LVMC 19.12.050(C), but only
in connection with a proposed liquor establishment (tavern) that:

a. Will be located on a parcel within the C-V District, the Parkway


Center District Market Corridor and Symphony Park Districts within
the Downtown Centennial Plan as described in the Interim Downtown
Las Vegas Urban Form Standards, the Gaming Enterprise Overlay
District, or the Downtown Casino Overlay District;

12. LVMC Chapter 19.12.070, Permissible Uses Permissible Use Descriptions


and Applicable Conditions and Requirements, is hereby amended by amending
the minimum special use permit Requirements for the Night Club entry as
follows:

Minimum Special Use Permit Requirements

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 Market Corridor
and Symphony Park Districts within the Downtown Centennial Plan
Vision 2045 Downtown Las Vegas Masterplan Overlay District, the
Gaming Enterprise Overlay District, or the Downtown Casino Overlay
District;

13. LVMC Chapter 19.12.070, Permissible Uses Permissible Use Descriptions


and Applicable Conditions and Requirements, is hereby amended by amending
the on-site parking requirements for the Senior Citizen Apartments entry as
follows:

On-site Parking Requirement: .75 spaces per unit (.5 spaces per unit within the
Downtown Centennial Plan Overlay District Downtown Las Vegas Overlay District.

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TXT-66412
Proposed Amendments Page Seven
October 10, 2017 - Planning Commission Meeting

14. LVMC Chapter 19.12.070, Permissible Uses Permissible Use Descriptions and
Applicable Conditions and Requirements, is hereby amended by amending the
conditional use regulations for the Sexually Oriented Business entry as follows:

Conditional Use Regulations:

6. The provisions of Regulation 4 and the provisions of Chapter 19.14 that


prohibit the expansion, the enlargement or alteration of an existing use as
described in those provisions shall not apply to an existing nude show or
adult emporium located within Downtown Centennial Plan area Area 1 of
the Downtown Las Vegas Overlay District, as described in Ordinance No.
6051 the Interim Downtown Las Vegas Urban Form Standards and as
amended from time to time, but only if and to the extent that the following
conditions are met:

15. LVMC Chapter 19.12.070, Permissible Uses Permissible Use Descriptions and
Applicable Conditions and Requirements, is hereby amended by amending the
minimum special use requirement for the Urban Lounge entry as follows:

Minimum Special Use Permit Requirements:

1. The use is limited to the area located within the boundaries of the 18b Las
Vegas Arts District, as described in the Downtown Centennial Plan Interim
Downtown Las Vegas Urban Form Standards and as amended from time
to time.

16. LVMC Chapter 19.16.270(D)(2)(a) - Master Sign Plan Procedures is hereby


amended as follows:

2. Conditions of Approval

In approving a Master Sign Plan, the Planning Commission may impose such
conditions, restrictions or limitations as the Commission may determine to be
necessary to meet the general purpose and intent of this Title and to ensure that
the public health, safety and welfare are being maintained. Conditions of approval
may include a required review after a specified period to ensure that signage
actually constructed conforms to required standards and is maintained in
accordance with applicable requirements. All signs in the Master Sign Plan shall:

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TXT-66412
Proposed Amendments Page Eight
October 10, 2017 - Planning Commission Meeting

a. Either conform to all standards for the zoning district in which the sign will be
located, under this Title, or established sign requirements and limitations that
are more restrictive that those set forth in this Title and that are consistent
with the standards and criteria set forth in the following Subparagraphs (b)
through (g). Master Sign Plans may also be used to establish the
requirements and limitations for signs located in the Gaming and Downtown
Centennial Plan Overlay Downtown Las Vegas Overlay districts, and the
Planned Community and Planned Development Districts;

17. LVMC Chapter 19.18.020 Words and Terms Defined is hereby amended as
follows:

Urban Core Area. Means the area defined as the Downtown Centennial Plan
Overlay District Downtown Las Vegas Overlay District in LVMC 19.10.110.

18. LVMC Chapter 6.50.020 - Liquor Control, Definitions, is hereby amended as


follows:

"Downtown Centennial Plan overlay district" Downtown Las Vegas Overlay


District has the meaning and boundaries as described at LVMC 19.10.110.

19. LVMC Chapter 6.50.250(A)(2) Alcoholic beverage license Tavern-limited, is


hereby amended as follows:

May only be issued for premises located entirely within the Downtown Centennial
Plan overlay district Area 1 of the Downtown Las Vegas Overlay District, the
Symphony Park District as described in the Interim Downtown Las Vegas Urban
Form Standards or, in the case of a tavern-limited license issued under
Subsection (C) of this Section, may only be issued if an outdoor entertainment
district is entirely within the downtown entertainment overlay district.

20. LVMC Chapter 6.50.255 Alcoholic beverage license-Urban lounge, is hereby


amended as follows:

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TXT-66412
Proposed Amendments Page Nine
October 10, 2017 - Planning Commission Meeting

An urban lounge license authorizes the sale of alcoholic beverages for


consumption on the premises where the same are sold only, and the sale, to
consumers only and not for resale, of alcoholic beverages in original sealed or
corked containers from behind a bar or from a storeroom only, for consumption off
the premises where the same are sold. An urban lounge licensee may not display
or advertise such liquor for off-sale purchase by patrons, and any sales must be
incidental to the on-premise sale and consumption of alcoholic beverages. An
urban lounge license may be issued only at a location:

(A) Within the boundaries of the 18b Las Vegas Arts District, as described in the
Downtown Centennial Plan Interim Downtown Las Vegas Urban Form
Standards and as amended from time to time;

21. LVMC Chapter 11.53.010 Valet Parking, Purpose, is hereby amended as


follows:

The purpose of this Chapter is to set forth the criteria to be used by the City for the
installation, removal, and regulation of selected areas for valet parking in public
rights-of-way. This Chapter is enacted in response to the need to provide
additional parking space, and facilitate additional parking options, for patrons,
guests and residents of commercial and noncommercial locations in parking-
impacted areas within the boundaries of the Downtown Centennial Plan DTLV-O
Downtown Las Vegas Overlay.

MH
TXT-66412
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **
PROJECT SUMMARY

This text amendment request is for the discussion and possible action to amend the
LVMC Title 19, Unified Development Code (UDC) of the City of Las Vegas by removing
all references to the DCP-O Downtown Centennial Plan Overlay District and the
affiliated Downtown Centennial Plan and replacing those references with the newly
adopted Vision 2045 Downtown Las Vegas Masterplan and related DTLV-O Downtown
Las Vegas Overlay District.

ANALYSIS

The City of Las Vegas Downtown Centennial Plan was originally adopted by the City
Council on July 5th, 2000. In the 17 years since the plan adoption, many changes in
urban development trends have brought about the necessity for updating and
expanding the Las Vegas Downtown Centennial Plan. Through a substantial two year
planning effort, the new Vision 2045 Downtown Las Vegas Masterplan was recently
adopted by the City Council in June of 2016 with the goal of expanding the plan area
and updating the master plan to meet the growing urban demands for the next 30 years.

In 2011, the City Council adopted the Unified Development Code (UDC) for the city of
Las Vegas to consolidate the citys subdivision and zoning codes into one
comprehensive development code. In developing the new code, the inclusion of
Special Area and Overlay Districts that establish special zoning regulations to support
the unique character of those areas was formalized. It is this Chapter of the Municipal
Code, Title 19.10.110, that enables the Vision 2045 Downtown Las Vegas Masterplan
Area to maintain separate development standards that are aligned with the unique
urban nature of the area. This proposed amendment is the first step in creating the
formal path to implementing the 30-year vision laid out in the Vision 2045 Downtown
Las Vegas Masterplan.

FINDINGS

The proposed text amendment will achieve the following:

Remove the DCP-O Downtown Centennial Plan Overlay District from the UDC
and replace with the DTLV-O Downtown Las Vegas Overlay District.
Remove references to the Downtown Centennial Plan from the UDC and replace
with the Vision 2045 Downtown Las Vegas Master Plan and the Interim
Downtown Las Vegas Urban Form Standards, which are encapsulated within the
Implementing Regulations of the Master Plan.

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TXT-66412
Staff Report Page Two
October 10, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

Related Relevant City Actions by P&D


The Planning Commission recommended approval of the Downtown
04/27/00
Las Vegas Downtown Centennial Plan.
The City Council adopted Ordinance #5238, formally adopting the Las
06/05/00
Vegas Downtown Centennial Plan document.
The City Council adopted Bill 2011-7 as Ordinance 6135 to merge
Titles 18 (Subdivision Regulations) and 19 (Zoning Code) into one Title to
03/16/11 be known as the Unified Development Code (UDC) of the City of Las
Vegas. Planning Commission and staff recommended approval of the
amendment.
The Planning Commission recommended approval of the Vision 2045
05/10/16
Downtown Las Vegas Masterplan.
The City Council adopted Resolution R-05-2016, formally adopting the
Vision 2045 Downtown Las Vegas Masterplan, and directing staff to
06/15/16
propose revisions that implement the goals of the plan where
appropriate.
The Planning Commission voted (7-0) to hold TXT-66412 in abeyance
09/12/17
to the October 10, 2017 Planning Commission meeting.

MH
TXT-66412
Supplemental Material Page One
October 10, 2017 - Planning Commission Meeting

** SUPPLEMENTAL MATERIAL **

Proposed changes to LVMC Title 19 (Unified Development Code)

Exhibit A Figure 1 Vision 2045 Downtown Las Vegas Masterplan Districts Map
Exhibit B - Interim Downtown Las Vegas Urban Form Standards
Exhibit C Figure 2 - Areas within the Downtown Las Vegas Overlay

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TXT-66412
Interim Downtown Las Vegas Urban Form
Standards

TXT-66412
Table of Contents
I. Vision and Purpose
A. Vision
B. Purpose
C. Geographic Area
D. Phasing
E. Applicability
F. Relationship to other documents
G. Amendment process
H. Review process

II. Downtown Districts


A. General
B. Civic & Business
C. 18b Las Vegas Arts District
D. Historic Westside
E. Fremont East
F. Symphony Park
G. Founders
H. Design
I. Las Vegas Medical District
J. Resort & Casino
K. Cashman
L. Gateway
M. Market

III. Standards
A. General
B. Area 1
1. DTLV-O Area 1 Site Planning Standards
2. DTLV-O Area 1 Permitted Uses
3. DTLV-O Area 1 Parking and Related Standards
4. DTLV-O Area 1 Streetscape Standards
5. DTLV-O Area 1 Architectural Design Standards

1|Page
6. DTLV-O Area 1 Signage Standards
7. DTLV-O Area 1 Landscape Standards
8. DTLV-O Area 1 Construction standards
9. DTLV-O Area 1 Requirement Threshold Matrix
C. Area 2
1. DTLV-O Area 2 Standards
2. DTLV-O Area 2 Deviations
D. Area 3
1. DTLV-O Area 3 Standards
a. Las Vegas Medical District
b. Symphony Park
2. DTLV-O Area 3 Deviations

IV. Outdoor dining and entertainment standards


A. Objective and Intent
B. Standards
C. Encroachment Approval

2|Page
I. Vision and Purpose
A. Vision
The Vision 2045 Downtown Las Vegas Masterplan is the policy document that states the goals
and strategies set forth by the City of Las Vegas for the downtown region. The Vision 2045
Downtown Las Vegas Masterplan envisions and encourages downtown Las Vegas to achieve a
compact, vibrant, urban environment, with a focus on higher density mixed-use development
around transit hubs and activity nodes. This will deliver an energetic urban way of life and high-
quality physical environment for locals and visitors alike. This vision is implemented through the
Downtown Las Vegas Overlay (DTLV-O) as described in this document.

B. Purpose
On July 15, 2016 the Las Vegas City Council adopted the Vision 2045 Downtown Las Vegas
Masterplan by Resolution R-25-2016. To implement the Vision 2045 Downtown Las Vegas
Masterplan, this document supersedes and replaces the DCP-O Downtown Centennial Plan
Overlay, and establishes the DTLV-O Downtown Las Vegas Overlay.

C. Geographic Area
The DTLV-O Downtown Las Vegas Overlay shall apply in the area identified as Downtown in the
Vision 2045 Downtown Las Vegas Masterplan as adopted by City Council by Resolution R-25-2016
on July 15, 2016, and amended by TXT-66412 by the Planning Commission on September 13,
2016 (see Figure 1). See the official Zoning Map Atlas for the exact location of properties currently
under the Downtown Las Vegas Overlay.

D. Phasing
The DTLV-O encompasses the twelve Downtown Districts as identified in the Vision 2045
Downtown Las Vegas Masterplan and described in Chapter II of this document. Phased over time,
each of these twelve Districts will be administered by a distinct set of standards to be adopted as
either part of Urban Form Zoning Districts or Special Area Plans following the completion of a
context-based plan for land use and development. District-specific standards are categorized
within Area 3 of the DTLV-O Downtown Las Vegas Overlay, as defined in Section I.D of this
Chapter. In the absence of context-based district-specific standards, the Downtown standards
for Area 1 or Area 2, as defined in Section D of this Chapter, will apply, based on the site location
(see Figure 2).

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Figure 1. See the official Zoning Map Atlas for the exact location of properties currently under
the DTLV Overlay.

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The DTLV-O Downtown Las Vegas Overlay (Fig. 1) is divided amongst three distinct areas: Area 1,
Area 2, and Area 3 (Fig. 2).

Area 1. This Area has already been established as part of Downtown Las Vegas by the previous
document Downtown Centennial Plan and the DCP-O Downtown Centennial Plan Overlay.

Area 2. This Area has been identified as part of downtown following the adoption of the Vision
2045 Downtown Las Vegas Masterplan and the expansion of the previous Downtown Centennial
Plan boundary. Because of the peripheral location relative to Area 1, and the different existing
urban context, Area 2 is recognized as a distinct area.

Area 3. The downtown areas identified as Area 3 have specific context-based development
regulations that support the desired vision for future development, in the form of either Urban
Form Zoning Districts or Special Area Plans.

Within this Area are:

a. The Las Vegas Medical District, as defined in the Las Vegas Medical District Plan adopted
by City Council on June 19, 2002.

b. The Symphony Park District, as defined by the Symphony Park Design Standards adopted
by Ordinance No. 6311 by City Council on April 2, 2014.

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Figure 2. See the official Zoning Map Atlas for the exact location of properties currently under
the DTLV Overlay.

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E. Applicability
The DTLV-O Downtown Las Vegas Overlay conforms to the General Plan of the City of Las Vegas,
and is hereby incorporated into the City's Vision 2045 Downtown Las Vegas Master Plan by way
of Ordinance Ord. No. XX, adopted (date). The Interim Downtown Las Vegas Urban Form
Standards supersedes and replaces the Downtown Las Vegas Centennial Plan as adopted by
Ordinance by City Council on July 5, 2000.

F. Relationship to other documents


The DTLV-O Downtown Las Vegas Overlay is the primary regulating document for all
development and improvements within the DTLV-O boundaries. Other documents relating to the
physical development of properties that are referenced in the DTLV-O Downtown Las Vegas
Overlay include Title 19 of the Las Vegas Municipal Code, the Las Vegas Medical District Plan, and
the Symphony Park Design Standards.

The DTLV-O Downtown Las Vegas Overlay complements and coordinates with the
Redevelopment Plan for the Downtown Las Vegas Redevelopment Area, as adopted March 5,
1986, and amended thereafter.

All development plans within the DTLV-O area (Figure. 1) shall comply with the adopted DTLV-O
Downtown Las Vegas Overlay as well as all other applicable regulations in the city, county, state
and Federal jurisdictions. These standards are not intended to override or contradict the city of
Las Vegas codes or requirements. Where differences occur, the most stringent shall apply in all
cases.

G. Amendment Process
Amendment(s) to the Standards outlined within the DTLV-O Downtown Las Vegas Overlay may
be made via the Text Amendment process.

H. Review Process
The DTLV-O is composed of three (3) distinct areas. Each Area has a particular variety of land
uses, density, and urban characteristics demonstrated by the existing building fabric it contains
and the redevelopment opportunities it presents. The continuity of general design standards and
streetscape design will weave the unique neighborhoods together into a continuous downtown
urban experience. Goals have been identified for each district to reestablish Downtown Las Vegas
with a balance of cultural, residential, office, civic, retail and light industrial areas, consistent with
the Vision 2045 Downtown Las Vegas Masterplan. For the purpose of establishing the Area
boundaries, wherever the boundary of a district is identified as a particular street or other right-
of-way, the district shall extend to the centerline of that street or right-of-way, unless specifically
indicated otherwise.

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1. Except as otherwise provided in this subchapter, the review process of Planning
Applications is as set forth in Title 19.16 of the Las Vegas Municipal Code.

2. Waiver. Where specific development standards cannot be met, the applicant shall require
the approval of a Waiver.

a. Requirements
Waivers to the Design Standards contained within the DTLV-O Downtown Las Vegas Overlay may
only be granted in accordance with 19.16.100 with clear and convincing evidence of development
feasibility, or to further the City's goals as expressed in the Vision 2045 Downtown Masterplan.

b. Land Use
No waivers shall be granted to allow a land use that is not permitted within a particular zoning
district or urban form zone.

c. Decision and Appeal


A decision by the Planning Commission to deny a waiver application becomes final and effective
at the expiration of 10 days after the date of the decision unless, within that period, the applicant
appeals the decision to City Council by written request filed with the City Clerk.

8|Page
II. Downtown Las Vegas Districts

Figure 3. See the official Zoning Map Atlas for the exact location of properties currently under the DTLV Overlay.

9|Page
A. General
The Vision 2045 Downtown Las Vegas Masterplan establishes the vision and goals for each of the
twelve Districts (Figure 3). This Chapter provides a description of such vision and goals, and a
description of the key elements related to each District.

B. Non compatible Zoning Districts


For each Downtown District, a table of Non compatible Title 19 Zoning Districts is provided. These
tables are based on the vision, goals, and description of each district, and provides guidelines to
be utilized for rezoning applications within the DTLV-O Downtown Las Vegas Overlay. The intent
of these guidelines is to foster the development of a built environment that, in terms of mix of
uses, intensity, and density of development, reflects the vision established in the Vision 2045
Downtown Las Vegas Masterplan.

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C. District Guidelines
1. Civic & Business

Goal: A vibrant downtown core with more things to do and see


Description: The Civic and Business District is one of the primary employment centers of the
region. The courthouses, legal and other professional services that cluster in the core create a
significant critical mass of daytime activities. Undeveloped parcels and underutilized properties,
especially around the City Hall and the Bonneville Transit Center, provide great potential sites for
mixed-use buildings with affordable workforce housing, offices, and retail. Retail elements should
include a major downtown grocery store, restaurants, and other services that act as a magnet of
activity for all of Downtown. More connections will be important to the future transformation of
the district, and making the most out of the existing alley spaces could be a great addition for
downtown placemaking and mobility solutions. Completion of a high capacity transit system
providing additional options for travel throughout downtown will facilitate growth of multi-
modal mixed-use hubs. Linkages along and over the Union Pacific Railroad right-of-way will better
connect Symphony Park, and the planned multi-modal bridge will provide an iconic landmark. A
linear open space along 3rd Street is imagined as a green walkable corridor linking the Civic &
Business and the 18B Las Vegas Arts districts. The 3-acre vacant lot opposite the City Hall could
be transformed into a central civic space that can be made more flexible and programmable as a
community gathering place.

Non Compatible Title 19 Zoning Districts

Non Compatible Residential Zoning Districts


R-E R-D R-1 R-SL R-CL R-2 R-MH
Non Compatible Commercial and Industrial Zoning Districts
P-O C-M M C-PB

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2. 18b Las Vegas Arts District

Goal: A diverse community and regional showcase for the arts


Description: The 18b Las Vegas Arts District is the creative heart of the city. The local stores, art
galleries, and artists in residence are compelling and memorable elements of downtown.
Using the underutilized and raw land, especially along Casino Center Boulevard, 3rd Street and
Main Street, smart investments could promote walkability, safety, and sustainability. Reaching
a the next level of a critical mass of artists and art related services will amplify the artistic
brand of the district, while providing much needed affordable housing and services for the
community. Development protections and improved services could strengthen existing
corridors of creative uses, especially along Main and Charleston.
New clusters of development can create places that encourage makers of all interests
including artists, students, food producers, designers, and entrepreneurs. Mixtures of uses
around transit could include artist-oriented housing and creative spaces that adjoin it, a
university village that promotes study of the arts and humanities, a maker village that attracts
entrepreneurs, seniors, and veterans housing that cares for the community at large.

Non Compatible Title 19 Zoning Districts

Non Compatible Residential Zoning Districts


R-E R-D R-1 R-SL R-MH
Non Compatible Commercial and Industrial Zoning Districts
P-O M C-PB

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3. Historic Westside

Goal: A thriving neighborhood augmented with services and amenities


Description: The Historic Westsides assets are historically and culturally significant for the entire
valley. However, the District is dominated by sparse low-rise residential neighborhoods and
industrial zones. The area needs improved housing stock, development of vacant parcels, and
programming for the existing parks and amenities. Two of the Districts strengths are abundance
of open space and availability of parcels suitable for mid-to-large scale development easily
accessible by all modes of transportation. For long-term success, the Hundred Plan, a visioning
and strategic planning document prepared by the UNLV Downtown Design Center, recommends
the following: a) promotion of contextual neighborhood infill with multifamily housing and
appropriate amenities to stabilize the community; b) preservation of historic sites and resources;
c) development of programs focusing on job training, safety, and cleanliness of the district; and
d) enabling mixed-use developments in current industrial zones.

Non Compatible Title 19 Zoning Districts

Non Compatible Residential Zoning Districts


R-E R-D R-1 R-MH
Non Compatible Commercial and Industrial Zoning Districts
P-O M C-PB

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4. Fremont East

Goal: Improved affordability, safety and amenity.


Description: Fremont East has gained residents and shops through its popularity due to its
proximity to the Resort and Casino District, but is in need of a more pedestrian friendly
atmosphere for continued success and growth. Conservation of historic buildings is also
important in this area, as well as tools such as design standards and incentives for buildings
rehabilitation. Strategies for further improvement include: a) additional multi-family housing,
including live/work and midrise/highrise workforce housing; and b) addition of civic and
institutional spaces, such as clinics, senior centers, community centers, and educational facilities.

Non Compatible Title 19 Zoning Districts

Non Compatible Residential Zoning Districts


R-E R-D R-SL R-CL R-MH R-1
Non Compatible Commercial and Industrial Zoning Districts
P-O M C-M C-PB

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5. Symphony Park

Goal: A cultural and living district better connected to downtown.


Description: Symphony Park has had success in creating a brand for itself through the Smith
Center for the Performing Arts, the Discovery Childrens Museum, and the Lou Ruvo Center for
Brain Health. These developments, along with activity centers in the neighboring Market District,
would greatly benefit from a more pedestrian-oriented design and improved connectivity
between anchor uses. A repertory theater and 500-seat performance hall for chamber music,
small dance events, as well as a performing arts school for music and dance, could create a hub
for performance that complements the Smith Center, while amplifying its impact in the
community. Apartments and lofts oriented toward performers and artists, along with amenities
such as service retail, and a sculpture/art walk would fit within and enhance Symphony Parks
unique sense of place. A mixed-use neighborhood along the east side of Symphony Park, could
bring high-end housing, in both high and mid-rise formats, with ground floor fine dining and
service retail. Other key land use additions that would augment the district include a research
and learning hub near the Lou Ruvo center, and a hotel and conference center that could fill a
niche for business oriented activities and conferences that complement the World Market
Center, Civic and Business District, and other business activities throughout Downtown Las Vegas.
For further details, refer to the Symphony Park Design Standards.

Non Compatible Title 19 Zoning Districts

Detailed standards for zoning districts and land uses in Symphony Park have been established
through the adoption of the Symphony Park Design Standards, and therefore there is no table
for Non compatible Title 19 Zoning Districts. Instead, for the list of allowed and prohibited
land uses within Symphony Park refer to Chapter 4 of the Symphony Park Design Standards
Design Review Process.

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6. Founders

Goal: A historic neighborhood augmented with transit-oriented mixed-use.


Description: The Founders District is one of the most well preserved residential neighborhoods
in the region. The Huntridge Theater and Circle Park are remarkable examples of early Las Vegas
architecture and urban design. Many of the houses, streets, and landscape features of this area
are particularly notable examples of a classic inner ring American suburb. What is lacking are
catered standards that are needed to preserve the character of the area. The integration of high
capacity transit with a station at the northern portion of Huntridge Circle Park will catalyze a
mixed-use transit-oriented development hub. Along Maryland Parkway and Charleston
Boulevard many properties are underutilized and auto-oriented, presenting significant
opportunities for corridor redevelopment that include mixed use residential, creative office
space over ground floor retail, and community oriented amenity spaces. The type and character
of these developments will add a new dimension to the neighborhood, while improving
affordability, amenity, and overall quality of life for residents. Moderate density residential, both
for sale and rental, with ground floor amenities especially at key intersections could create an
attractive live/work/shop atmosphere. Pedestrian activity will be promoted through engagement
by ground-floor restaurants, cafes and live/work units oriented towards the street.

Non Compatible Title 19 Zoning Districts

Non Compatible Residential Zoning Districts


R-E R-D R-MH
Non Compatible Commercial and Industrial Zoning Districts
M C-M C-D C-PB

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7. Design

Goal: A creative corridor for film, fashion and design


Description: The Design District is characterized by a mix of commercial services, warehousing,
storage, and industrial uses, occupying utilitarian buildings concentrated along the Union Pacific
Railroad. Currently, the district serves as a significant employment hub, in close proximity to both
downtown core and the Las Vegas Strip, with many businesses serving the casino and
entertainment industry. Potential associated strategies for the District include the conversion of
declined warehouses or plants into accommodation for film, fashion, virtual gaming, green tech
and other creative-related industries. Vacant and underutilized properties could be used as
temporary open spaces for outdoor relaxation and social gathering.

Non Compatible Title 19 Zoning Districts

Non Compatible Residential Zoning Districts


R-E R-D R-SL R-MH R-1 R-2 R-CL
Non Compatible Commercial and Industrial Zoning Districts
P-O O C-D

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8. Las Vegas Medical District

Goal: The center of health, education, and research for Southern Nevada
Description: With proximity to the core as a significant employment node, the Las Vegas Medical
District (LVMD) shows great potential for driving the medical-oriented economy while
complementing other districts of Downtown. Several millions of square feet of development are
proposed, creating a mixed use, walkable, and healthy neighborhood through several
reinvestment strategies, including focusing mixed-use development along major streets,
reinforcing green linkages, and completion of a convenient transit line linking the LVMD to the
Civic & Business and Resort & Casino districts, as well as UNLV and McCarran International
Airport. The UNLV Medical School will function as the primary anchor for activity in this District.
For further details, refer to the Las Vegas Medical District Plan.

Non Compatible Title 19 Zoning Districts

Detailed standards for zoning districts and land uses in the Las Vegas Medical District have been
established through the adoption of the Las Vegas Medical district Plan, and therefore there is
no table for Non compatible Title 19 Zoning Districts. Instead, for the list of allowed and
prohibited land uses within the LVMD refer to Table 1 of the Las Vegas Medical District Plan
LVMD Permitted Uses.

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9. Resort & Casino

Goal: New complimentary anchors to the downtown gaming hub


Description: Identified as the Citys original gaming district and home to a number of classic Las
Vegas hotel-casinos, the Resort and Casino District serves as the activity and entertainment
anchor for downtown. Though this district acts as the most mature and intensely developed area,
some new opportunities to reinforce the districts identity may be implemented: a) A high-profile
site on the Main Street Station Casino surface parking lot for accommodating the growing needs
of hospitality; b) infilling the current site of Downtown Las Vegas Events Center for
accommodating new civic and/or office spaces; c) continuous improvement of the Fremont
Street Experience; d) placemaking; and e) implementation of the downtown Las Vegas
wayfinding system.

Non Compatible Title 19 Zoning Districts

Non Compatible Residential Zoning Districts


R-E R-D R-SL R-CL R-TH R-MH R-1 R-2 R-3
Non Compatible Commercial and Industrial Zoning Districts
P-O M C-M C-PB O C-D

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10. Cashman

Goal: A community of entrepreneurs anchored by sports and culture.


Description: The Cashman District has traditionally been the home of historical and cultural
assets of the city, the home of a minor league baseball club, and a significant hub of government
employment. However, its suffered from a lack of resident population and enough programming
to consistently interest the community at large. There is tremendous redevelopment potential
to create a new mixed community that provides a sports and entertainment core of activity,
including a new soccer stadium complex, and the 2018 expansion of the United Soccer League to
include a Las Vegas team represents a major step towards this objective. Connected to this facility
would be a number of mixed-use blocks that include workforce housing and creative and
incubator office space that caters to the high tech uses such as Zappos employees, Unmanned
Aerial Vehicle (UAV) researchers, and other creatives looking for cool, hip and affordable places
to live and work. A high capacity transit plaza, bike share, a town green and other support
amenities would provide a level of activity that acts as a gateway into the district from Las Vegas
Boulevard. Clustered around the plaza would be a portion of creative office and incubator spaces
for research and development. Ground floor bars and restaurants as well as service retail would
complement game-day activities and support a significant residential population.

Non Compatible Title 19 Zoning Districts

Non Compatible Residential Zoning Districts


R-E R-D R-SL R-MH R-1 R-2 R-CL
Non Compatible Commercial and Industrial Zoning Districts
P-O M C-M C-D

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11. Gateway

Goal: A stabilized neighborhood with improved affordability and safety


Description: Marked by the landmark Stratosphere Tower, the Gateway District establishes the
southern gateway to Downtown from the Strip. Currently, the district is primarily composed of
low-rise multi-family uses. Extending a high-capacity transit line (LRT/BRT) along Las Vegas
Boulevard and focusing higher density, transit-oriented development along the corridor could
strengthen it as a high activity spine. Upper story office, residential, institutional uses, with
ground floor retail and civic spaces would bring in more population to the area and stabilize the
neighborhood. An expansive pedestrian environment would provide residents and visitors access
to multiple travel modes, create an attractive outdoor environment, as well as increase safety
and reduce blight.

Non Compatible Title 19 Zoning Districts

Non Compatible Residential Zoning Districts


R-E R-D R-SL R-MH R-1 R-2 R-CL
Non Compatible Commercial and Industrial Zoning Districts
P-O M O C-D

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12. Market

Goal: An exciting place for shopping and events


Description: Located west of Symphony Park, and alongside Interstate 15, the Market District is
dominated by large scale users including the Las Vegas North Premium Outlets and the World
Market Center Las Vegas, which act as an international shopping hub in Downtown Las Vegas. In
its current configuration, this district is almost fully built out, but lacks an appealing pedestrian
experience, especially along Grand Central Parkway. Linkages to surrounding districts are also
lacking. Future development offers the opportunity to build potential synergies with Symphony
Park. Possible strategies for improving this area could include mixed-use developments north of
World Market Center, improvements to transit infrastructure and station-area beautification,
more emphasis on human scale the pedestrian realm and ground-floor use, and reinforced
connections to Symphony Park and the Clark County Government Center.

Non Compatible Title 19 Zoning Districts

Non Compatible Residential Zoning Districts


R-E R-D R-SL R-CL R-TH R-MH R-1 R-2
Non Compatible Commercial and Industrial Zoning Districts
P-O M C-M C-PB O C-D

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III. Standards
A. Area 1

Figure 4. DTLV-O Area 1

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1. DTLV-O Area 1 Site Planning Standards
a. Setbacks

Front: 70% of the first story faade shall align along the front property line; arcades, shade
structures, or civic amenities such as plazas and courtyards may satisfy up to 50% of this
requirement. Minor deviations from this requirement, not to exceed a distance of five (5) feet
from the property line, are allowed and will be reviewed by Staff on a case-by-case basis upon
verification of special and unique conditions applicable to a specific lot or structures.

Corner Side: 70% of the first story faade shall align along the front property line; arcades,
shade structures, or civic amenities such as plazas and courtyards may satisfy up to 50% of this
requirement. Minor deviations from this requirement, not to exceed a distance of five (5) feet
from the property line, are allowed and will be reviewed by Staff on a case-by-case basis upon
verification of special and unique conditions applicable to a specific lot or structures.

Side: No side yard setback is required.

Rear: No rear yard setback is required.

i. Special Setback Requirements

To permit the required 10-foot sidewalk and five foot amenity area all buildings shall be set
back five feet from the property line along:

a. Both sides of Casino Center Boulevard between Charleston Boulevard and Ogden
Avenue.
b. Both sides of Third Street between Charleston Boulevard and Imperial Avenue.

b. Lot Coverage

Lot coverage shall be limited only by setback requirements.

c. Height

Height limits are not automatically applied as called for in Title 19.08. Proposed building heights
located within the Residential Adjacency Setback as defined in Title 19.08.040(H) may require
additional design justification as part of the Site Development Review (SDR) process.

d. Service Area

Service areas and loading docks shall not be located at frontage lines. All auto-related facilities
(working bays, storage, trash enclosures, etc.) shall orient away and be screened from public
view.

e. Utilities

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Utility vaults shall be located underground for all new developments. Ideally, these will be
incorporated within the building footprint. In no case shall they be located along the street
frontage of the project. All power lines shall be located underground from the nearest street
access to the project site.

f. Alleys

Alleys that are not abandoned with a new development as defined by the Threshold Matrix
(Table 1) shall be redeveloped to conform to the standard alleyway treatment (Figure 5). For
certain specific projects, and where possible, the use of the Downtown Alley Design Guidebook
is encouraged in order to strengthen the components that make alleys a successful
environment.

Figure 5. Standard Alley Treatment

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g. Encroachments

No building encroachments are permitted, unless explicitly allowed through a license


agreement to encroach as approved by Public Works Staff. No vacations of the street right-of-
way shall be permitted for expanding the building footprint.

2. DTLV-O Area 1 Permitted Uses


Per Title 19.12.010 Land Use Table.

3. DTLV-O Area 1 Parking and Related Standards


Title 19.08 Parking standards are not automatically applied.

Handicapped Parking is required per Title 19.08.110(C)(3) and the Threshold Matrix (Table 1) as
contained in Section 9 of this Chapter.

a. Loading

Title 19.08.110(D) Loading Standards are not automatically applied.

b. Parking Screening
When parking lots face public streets, an ornamental screen and landscaping shall be
incorporated, as approved by Staff.

c. Parking Structures
Parking structures shall have ground level retail, office and/or restaurant space incorporated
into the design of the structure on all frontages. Such structures shall have no front or corner
side setback.

Exterior walls of all parking structures shall be designed as part of the architectural form of the
primary and/or the surrounding buildings and shall incorporate the same materials, finishes and
proportions of the primary building.

Where parking structures do not incorporate ground level retail, office and/or restaurant space
then a ten-foot landscaped setback is required. Said setback shall have sufficient enough
landscaping as to block the parking structure from view at the pedestrian level.

d. Special Event Parking Lot Development Standards


A special event parking lot is a parking lot that is used on an intermittent basis, operated only in
conjunction with special events, festivals, or similar uses of limited duration. The use of a
special event parking lot shall not exceed six times per month. On-site signage shall be posted
on the property in a visible location, prohibiting parking that exceeds the designated duration

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or use period. The lot may be paved or unpaved; unpaved lots shall be subject to applicable
requirements of the Clark County Department of Air Quality or its successor. Bumpers or tire
stops are not required. Landscape islands, perimeter landscape buffers and streetscape
amenities are not required. Applications for special event parking lots shall be processed as a
Temporary Commercial Permit under LVMC Title 19, except that the duration and use periods
normally applicable to a Temporary Commercial Permit shall not apply. A Temporary
Commercial Permit for a Special Event Parking Lot shall be valid for a period of one year from
the date of issuance.

e. Temporary Parking Lot Development Standards


A temporary parking lot is a parking lot that is developed as an interim use of land for a limited
time period, and is not intended to serve as required parking for a development. Approval for a
temporary parking lot may be for a period not to exceed three years. Any request to extend this
time period shall be by means of an Extension of Time application, as set forth in LVMC Title 19,
and shall be subject to review and approval by the City Council. The lot shall have a paved
surface and shall be striped. Bumpers or tire stops shall be provided for all parking spaces
directly abutting a sidewalk, landscape area, street, or alley. A minimum of two of the following
options must be provided to satisfy the landscaping and screening requirements for the parking
lot:

(a) Streetscape amenities in accordance with the applicable streetscape standards herein for
the street frontage(s) that immediately abut the site; or

(b) A 42-inch high ornamental screen fence installed along the street frontage line(s) in
conformance with the applicable parking screening standards herein; or

(c) A permanent artistic installation as approved by Staff for the street frontage(s) that
immediately abut the site, to be properly maintained through the duration of the temporary
parking lot interim use; or

(d) A five-foot wide perimeter landscape buffer provided along the front and comer side yard
setback lines, planted with a minimum of five-gallon shrubs so as to form a continuous hedge
along the frontage lines of the property; or

(e) A minimum of ten square feet of landscape area for each parking space, with a minimum of
one shade tree for every six parking spaces.

Applications for temporary parking lots shall be reviewed and processed in accordance with the
process and standards for a Minor Review of Site Development Plan under LVMC Title 19.

f. Permanent Parking Lot Development Standards


All permanent off-street surface parking lots shall be paved and include access aisles and
driveways. Surface treatments including paving and striping shall be maintained in good
condition at all times. Surface parking lots shall provide a minimum of one shade tree for every
six uncovered spaces in landscaped islands and/or on the perimeter of the lot. A minimum of
ten square feet of landscaped surface area must be provided for each parking space. Bumpers

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or tire stops shall be provided for all parking stalls heading into a sidewalk, landscaped area,
street, or alley. Each shall be installed at a minimum of two feet from the beginning of that
sidewalk, landscaped area, street, or alley. Applications for permanent parking lots shall be
reviewed and processed in accordance with the process and standards for a Major Review of
Site Development Plan under LVMC Title 19.

g. Parking Lot Access


When possible, adjacent parcels requiring access drives shall share a common centrally located
access drive. Wherever a driveway is abandoned, the owner shall remove all driveway
pavement and approach; re-install curb and gutter, and landscape the area to match the
adjacent landscaping/streetscape.

h. On-Street Valet Parking


On-Street Valet parking is permitted within the Downtown Las Vegas (DTLV-O) area. Requests for
an on-street valet parking permit must be made in writing and shall be accompanied by a filing
fee to the City Traffic Engineer. A right-of-way usage fee may also apply. The City Traffic Engineer
is solely responsible for issuing on-street valet permits with conditions that are in the best
interest of the City and the general safety of the public.

4. DTLV-O Area 1 Streetscape Standards

a. Right-of-Way Improvements

All streets shall have a five foot amenity zone and a 10-foot wide, unobstructed sidewalk
(Figure 6). The surface of the sidewalk should appear as a consistent pattern. At the corners,
the sidewalk must ramp down to provide for handicapped access and have stamped pattern
concrete. The entire 10-foot width of public right-of-way sidewalks shall not exceed a 2 percent
slope. All new developments shall provide and install light fixtures, benches, trash and recycling
receptacles and tree grates or wells filled with crushed granite or other material as approved by
Staff. Placement and spacing of light fixtures shall be as directed by Public Works. Supporting
landscape and streetscape improvements shall be incorporated into the streetscape design
including lighting, and other landscape elements such as freestanding planters, planter boxes
and hanging baskets. Streetlights and decorative pedestrian lights shall be incorporated into
any new streetscape improvements per district standards. Overhead lights must provide the
ambient light necessary for safety and traffic operations and must meet City of Las Vegas
Department of Public Works standards. Pedestrian lights should be placed in a clear geometric
pattern with regular spacing to add a sense of order to the street. Roadway lighting shall be
installed per the Public Works approved standards.

b. North-South Streets

Las Vegas Boulevard, Casino Center north of Charleston, Fourth Street and 3rd Street south of
Charleston shall be designed thematically with Deglet-Noor Date Palms or similar type palms as
the primary landscape element; said trees shall be 25 feet or greater in height and be spaced at
30-foot increments. All other north-south streets shall have drought-tolerant shade trees as

41 | P a g e
approved by staff and shall be 36-inch box trees at 20 feet intervals. Landscaped medians may
have either palm trees or shade trees.

c. East-West Streets

All east-west streets shall have drought-tolerant shade trees as approved by staff and shall be
36-inch box trees at 20 feet intervals. Landscaped medians may have either palm trees or shade
trees.

Figure 6. Typical DTLV-O Street Section - not to scale

d. Flood Control Development Standards

When the finished floor elevation of the ground floor of a building must be raised above the
grade of the adjacent public sidewalk due to flood control purposes, any stairs or ramps to the
new finished floor elevation must be accommodated on private property and not within the

42 | P a g e
public right-of-way in order to maintain a consistent 10 feet wide public sidewalk. Said stairs or
ramps should be accommodated within an exterior arcade or similar architectural feature.

Figure 7. Typical DTLV-O intersection

d. Bus Turnouts

Charter bus drop-off areas shall be provided in close proximity to the entrances of newly
constructed hotels. Parking for buses shall be accommodated off-site or in a remote, non-
obtrusive location so as not to interfere with the normal flow of traffic. As appropriate, public
bus turnouts shall be required to accommodate bus stops outside existing travel lanes as
required by Public Works.

43 | P a g e
5. DTLV-O Area 1 Architectural Design Standards
a. Roofs and rooftops shall be designed with consideration of minimization of the Urban Heat
Island effect. Light color paint or materials with albedo 0.50 or higher shall be used, as
approved by Staff. All mechanical equipment shall be screened from street level and
surrounding building views.

b. An articulated roofline and/or an articulated cornice shall be designed as a major feature at


or near the top of all new buildings and be continuous on all sides.

c. Extended, blank, expressionless walls at the street level shall be prohibited. The use of
expression lines and expression zones utilizing materials, colors, and/or relief shall be required
in the pedestrian zone to create visually interesting facades.

d. The use of arcades, awnings and canopies on the ground floor of a building is required unless
waived by City Council as part of a site development plan review. A license agreement to
encroach as approved by Public Works Staff is required.

e. The main entry of the building from the street shall be appropriately articulated in the
architectural design of the building. This shall be accomplished through change in materials,
colors, and/or the amount of detailing around the entry; having the entry slightly recessed or
protruding from the primary building line; and/or through the use of canopies or awnings, etc.

f. Reflective or tinted glass shall not exceed 60 percent of the overall exterior enclosure of any
building. Reflectivity of any glass shall not exceed 22 percent reflectivity index. Only non-
reflective clear glass or non-reflective tinted glass with a visible light transmittance of about 60
percent shall be used on ground floors in all pedestrian-oriented areas.

g. Architectural details shall be carried on all sides of a building.

6. DTLV-O Area 1 Signage Standards


a. The design, installation, and maintenance of all signs shall be in full conformance with Title
19.06.140 Residential Sign Standards and Title 19.08.120 Commercial Sign Standards, as revised
and amended.

b. Signage for parcels adjacent to Las Vegas Boulevard shall be in full conformance with Title
19.10.160, Las Vegas Boulevard Scenic Byway Overlay District. All signage is subject to the
Downtown Design Review Committee review and approval process.

7. DTLV-O Area 1 Landscape Standards


a. All landscape plans must comply with the City of Las Vegas Municipal Code Title 14.11
Drought Plan. Where landscape standards differ in the Interim Downtown Las Vegas Urban
Form Standards, Title 14.11 will prevail.

44 | P a g e
b. Landscape and irrigation plans may be combined on the same drawing with required Site
Development Plan when lot coverage allows for perimeter landscaping.

c. At Staffs direction, perimeter landscaping may be required depending on the design of the
project and its relationship to the lot and/or the surrounding area.

d. Where perimeter landscape is required, the minimum requirement will be one 24 box tree
every 20 feet on center with four (5) gallon shrubs per each required tree.

e. Ground covers shall be installed in all landscaped areas. Non-vegetative ground covers shall
include, but not be limited to, rocks and small stones, and crushed rock to a minimum depth of
two inches in all areas.

f. When a project is proposed with turf in its landscape design it will be limited to a maximum of
25% of total landscaped area for commercial and industrial projects and a maximum of 30% for
a multi-family project.

g. The clustering of plant material into groups of three or more plants is encouraged.

h. All landscape and irrigation plans shall be prepared and stamped by a registered Architect,
Landscape Architect, Residential Designer or Civil Engineer.

8. DTLV-O Area 1 Construction Standards


a. Noise. The entire Downtown Las Vegas Overlay Area 1 shall be considered a commercial use
district as related to the noise ordinance, per Title 9.16.

b. Construction Fences. Construction fences within Area 1 of the DTLV-O Downtown Las Vegas
Overlay shall be subject to the requirements listed in Title 19.16.160, Temporary Commercial
Permit. In addition to the requirements listed in Title 19.16.160, the following standards shall
also apply:

1. The construction fencing shall be no higher than 12 feet.

2. Plywood fencing with a canopy over the sidewalk providing a covered walkway shall be
required wherever multi-level construction is occurring adjacent to the sidewalk. These covered
walkways must be designed per International Building Code Chapter 33, Section 3306 and
permitted through the Building Department. Sidewalk closures with pedestrian detouring will
not be permitted in lieu of the walkway canopy unless authorized by the City Traffic Engineer.

c. Construction and Real Estate Signs. Permits for construction and real estate signs shall be
issued in accordance with Title 19.08.12and Title 19.16.200 In addition, the following standards
shall apply:

1. Construction signs shall be located on the same site as the approved development, or on the
same site as an approved construction yard for that specific development. Real estate signs

45 | P a g e
may be located on the same site as the approved development, or on the same site as an
approved Temporary Real Estate Sales Office where allowed.

2. Complimentary directional signage is permitted only for businesses that are directly affected
by the new project.

3. Construction and real estate signs may be located directly on construction fencing. In such
cases, the minimum setback requirements, maximum area requirements, minimum
clearance requirements, and maximum number requirements shall not be automatically
applied. Such signage shall be issued via the subdivision development sales signs, a
temporary sign permit for up to 24 months. Freestanding construction and real estate signs
shall be subject to the requirements listed in Title 19.08.120(G).

46 | P a g e
9. DTLV-O Area 1 Requirement Threshold Matrix Table 1

Civil
Approval Streetscape Parking
Definition Improvements /
Process Requirements Requirements
Utilities

Building
Modification to the
Permit
type of
business activity
Business
License
Faade
Civil Plans May be
improvement
Special Use required
Change of Permit (if if new use requires No additional
Interior remodel
use/ required) Streetscape No upgraded parking required;
(no Net Floor
interior utilities or Fire/Life upgrade handicap
Area expansion to
remodel/ Lot Landscaping Safety spaces to
existing
faade Encroachment No improvements federal standards
structure)
rehab Permit only
(if required) Utilities
Fire/Life Safety or
Fire Permit (if underground No
ADA
required)
accessibility
upgrades
DDRC
approval -
Signage
signage

Building
Civil Plans May be
Permit
Streetscape Not required
Business
required; if new use requires
License
Modification to an Covenant Running upgraded
Special Use
existing with Land utilities or fire/life
Permit (if
structure resulting agreement required safety
required) No additional
in Net Floor to obtain improvements
Building parking required;
Area expansion not property owners Utilities
Expansion Encroachment upgrade handicap
to exceed consent for underground Not
(TI): Permit spaces to
10% or 5,000 SF future streetscape required; Covenant
Category I (if required) federal standards
(whichever is improvements Running
Fire Permit (if only
less) of floor area of Lot landscaping with Land agreement
required)
the existing No required to
Flood Control
structure obtain property
Review finish
owners consent
floor elevation
for future
improvements

47 | P a g e
Approval Streetscape Civil Improvements Parking
Definition
Process Requirements / Utilities Requirements

Majority block
Modification Site Development Majority block
frontage (over
to an existing Plan Review frontage (over
50%) All
structure (SDR) per Title 50%) Underground
improvements
resulting in Net 19.16 utilities
required
Floor Building Permit required Refer to Interim
Partial block
Area Business License Partial block frontage Downtown Las
frontage (50% or
Building expansion Special Use (50% or Vegas Urban
less)
Expansion (TI): exceeding Permit (if required) less) Covenant Form Standards
Covenant
Category II 10% Encroachment Running with for parking
Running with
or 5,000 SF Permit Land agreement requirements
Land agreement
(whichever is (if required) required to
required to
less) Fire Permit obtain property
obtain property
of floor area of Flood Control owners consent
owners consent
the existing Review finish for future
for future
structure floor elevation improvements
improvements

Majority block
Majority block
frontage (over
frontage (over
50%) All
Site Development 50%) underground
improvements
Plan Review utilities
required
(SDR) per Title required
Partial block
19.16 Partial block frontage
frontage (50%
Modification Building Permit (50%
or less) any Refer to Interim
to the type Business License or less)
streetscape not Downtown Las
Development Special Use undergrounding not
implemented Vegas Urban
New Development of new Permit (if required) implemented due to
due to existing Form Standards
principal Encroachment existing
conditions for parking
structure on- Permit conditions will require
will require a requirements
site (if required) a
Covenant
Fire Permit Covenant Running
Running with
Flood Control with Land to
Land to obtain
Review finish obtain property
property owners
floor elevation owners consent
consent for
for future
future
improvements
improvements

48 | P a g e
B. Area 2

Figure 8. DTLV-O Area 2

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1. DTLV-O Area 2 Standards
All development occurring within Area 2 of the DTLV-O Vision 2045 Downtown Masterplan
Overlay (See Figure 8) shall conform to Title 19 of the Las Vegas Municipal Code.

2. DTLV-O Area 2 Deviations


Any deviation from Title 19 Development Standards that supports the Citys goals as expressed
in the Vision 2045 Downtown Las Vegas Masterplan and the districts goals and descriptions as
per Chapter II of this document may only be granted by the City Council when supported through
clear and convincing evidence, and shall require the approval of a Waiver per Section I.H.2 of this
document.

50 | P a g e
C. Area 3

Figure 9. DTLV-O Area 3

51 | P a g e
1. DTLV-O Area 3 Standards
All development occurring within Area 3 of the DTLV-O Downtown Las Vegas Overlay (See Figure
9) shall conform to the Special Area Plans and related standards as stated in the subsections
below.

a. Las Vegas Medical District


All development occurring within Area 3a of the DTLV-O Downtown Las Vegas Overlay shall
conform to the Las Vegas Medical District Plan, as adopted by the Las Vegas City Council on June
19, 2002 and amended through August 1, 2007.

b. Symphony Park
All development occurring within Area 3b of the DTLV-O Downtown Las Vegas Overlay shall
conform to the Symphony Park Design Standards, as adopted by Ordinance No. 6311 by the Las
Vegas City Council on April 2, 2014.

2. DTLV-O Area 3 Deviations


Any deviation from the Special Area Plans and related standards that supports the Citys goals as
expressed in the Vision 2045 Downtown Las Vegas Masterplan and the districts goals and
descriptions as per Chapter II of this document may only be granted by the City Council when
supported through clear and convincing evidence, and shall require the approval of a Waiver per
Section I.H.2 of this document.

52 | P a g e
IV. Outdoor dining and entertainment standards

A. Outdoor Dining and Entertainment Standards: Public Sidewalk Areas and


Private Property
The standards of this subsection apply to outdoor dining that occurs or is proposed to occur
within public sidewalk areas and on private property. For the purposes of this subsection, the
term outdoor dining and outdoor dining area refer to dining within the area of a public
sidewalk or similar pedestrian area, unless the context refers otherwise.

1. Objective and Intent


The objective of establishing the Outdoor Dining Standards is to promote pedestrian-friendly use
of public sidewalks and similar pedestrian areas in connection with providing economic
opportunities for ground floor food and/or beverage establishments. The Outdoor Dining
Standards have been developed to ensure that the space used for outdoor dining is consistent
with the general design of the public right-of-way and to allow for adequate pedestrian
circulation. The Outdoor Dining Standards are also intended to guide applicants with the design
of outdoor dining areas, establish or enhance an identifiable sense of place, create a comfortable
and interesting pedestrian environment, maintain a continuous and visible pedestrian activity
between nodes and building anchors, and provide minimum standards for beautification.

2. Requirements

a. Outdoor dining is only allowed within Area 1 of the DTLV-O Downtown Las Vegas Overlay
(Figure 4) in conjunction with a licensed food or beverage establishment permanently located at
the subject site. This section does not apply to open air vendors, food carts, and food trucks.

B. Standards
Outdoor dining otherwise permitted within the underlying zoning district may be permitted to
take place within a public sidewalk area, private property, or similar pedestrian area, but only in
accordance with the Outdoor Dining Standards. The location requirements as well as the barrier
requirements are set forth in section 1 and 2 of this subsection. Unless otherwise specified in this
Section, the following standards shall apply to outdoor dining in public sidewalk areas as well as
on private property.

1. Location

a. Public Sidewalks. Outdoor dining may occur only as an accessory use to a food or
beverage establishment and may be permitted only in the public sidewalk or similar pedestrian
area immediately adjacent to the front of the establishment. The dining area may not extend

53 | P a g e
beyond the boundaries of the abutting property and shall not be located in a manner that
interferes with the building egress and ingress as required by the International Building Code
(IBC). No outdoor dining area may be located within twenty feet of an intersection or within ten
feet of a driveway or alley. Where approved by the Department of Public Works, outdoor dining
in a public sidewalk or similar pedestrian area may occupy up to two thirds of the total width of
the sidewalk or available pedestrian area. In the case of a sidewalk or similar pedestrian area up
to 15 feet wide, there shall remain a minimum pedestrian clearance of five feet. For sidewalks or
similar pedestrian areas with a greater width, the minimum pedestrian clearance is eight feet.
This minimum clearance area must occur between any outdoor dining and a continuous line that
represents where sidewalk or pedestrian area obstructions are located. Such obstructions
include without limitation tree planters, landscape planters, street furniture, streetlight poles,
utility poles, fire hydrants, sign posts, and permitted news racks.

b. Private Property
Outdoor dining may occur only as an accessory use to a food or beverage establishment, and
shall only be permitted on private property, except as otherwise allowed under this section. The
outdoor dining or seating areas shall not extend onto adjacent properties or rights-of-way. The
outdoor dining or seating areas shall not be located in a manner that interferes with building
egress and ingress as required by the International Building Code (IBC).

2. Roofing
Will be addressed on a case-by-case basis.

3. Furniture
All furnishings within an outdoor dining area shall be movable and made of sturdy, durable and
commercial grade material. They shall be designed to complement the design theme of the
business. Ordinary plastic lawn chairs and tables and similar furniture are not acceptable.

4. Trash Enclosures

a. Public Sidewalks.
Trash receptacles are not permitted within the outdoor dining area or the adjacent public
sidewalk.

5. Lighting

a. Public Sidewalks.
Lighting, when provided, shall be shielded and of low wattage so as to illuminate only the outdoor
dining area and so as to avoid producing glare that has a negative impact on pedestrian traffic,
surrounding properties or rights-of-way. The design of the light fixtures shall be compatible with
the architectural theme of the building and business.

6. Maintenance

54 | P a g e
Outdoor dining and seating areas shall be kept in good state of repair and maintained in a clean,
safe and sanitary condition. Any item of furniture or equipment that is broken, rusting, degraded,
torn, or tattered shall be removed promptly. The outdoor dining area must be swept and mopped
every night after closing, and kept clean of food or other refuse.

7. Music and Live Entertainment


Music and Live Entertainment are permitted as an accessory amenity. Any music or
entertainment will comply with applicable noise ordinances and standards.

8. Alcoholic Beverage Service


Alcoholic beverage service in outdoor seating areas shall conform to LVMC Title 6.

C. Encroachment Approval
Any dining or entertainment to take place within the public right-of-way shall require approval
of a license agreement to encroach as approved by Public Works Staff or an agreement pursuant
to LVMC 13.32.065.

55 | P a g e
TXT-66412
Agenda Item No.: 79.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
TXT-71598 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For possible action on a request to amend LVMC 19.12.010 to allow the Tattoo
Parlor / Body Piercing Studio use in the C-1 zoning district with the approval of a Special Use
Permit, and to provide for other related matters. Staff recommends APPROVAL.

THIS ITEM WILL BE FORWARDED TO CITY COUNCIL IN ORDINANCE FORM

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL

BACKUP DOCUMENTATION:
1. Proposed Amendments and Staff Report
TXT-71598

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
TXT-71598 Staff recommends APPROVAL.

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED N/A

NOTICES MAILED Newspaper Notification Only

APPROVALS 0

PROTESTS 0

SG
TXT-71598
Proposed Amendments - Page One
October 10, 2017 - Planning Commission Meeting

** PROPOSED AMENDMENTS **

Title 19.12.010 Table 2 (Permitted Uses) is hereby amended by amending the


following entries:

R-MH

C-PB
R-CL
R-TH
R-SL

C-M
R-D

P-O

C-D
R-E

R-1

R-2
R-3
R-4

C-1
C-2

M
O
U

Tattoo Parlor /
Body Piercing S S P P
Studio

SG
TXT-71598
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request to amend LVMC Title 19.12.010 to allow a Tattoo Parlor / Body
Piercing Studio in the C-1 (Limited Commercial) zoning district with the approval of a
Special Use Permit.

ANALYSIS

Under current code requirements in the City of Las Vegas, a Tattoo Parlor / Body Piercing
Studio is permitted by right in the C-M (Commercial / Industrial) and M (Industrial)
zoning districts, and permitted in the C-2 (General Commercial) zoning district with the
approval of a Special Use Permit. This amendment would add an S under the C-1
(Limited Commercial) zoning district in the land use tables in LVMC Title 19.12.010 to
allow the use in that district with the approval of a Special Use Permit. The Special Use
Permit process would allow input by the general public regarding the impacts of the
proposed use on the surrounding adjacent uses, and provide the Planning Commission
and/or City Council the discretion to deny it, or approve it with conditions as needed to
mitigate any conflicts.

FINDINGS

This amendment will accomplish the following:

1. Add an S under the C-1 (Limited Commercial) zoning district in the land use
tables in LVMC Title 19.12.010 to allow the use in that district with the approval
of a Special Use Permit.

SG
Agenda Item No.: 80.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
TXT-71636 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For possible action on a request to amend LVMC Title 19.12 related to the
Marijuana Cultivation Facility, Marijuana Dispensary and Marijuana Production Facility uses,
and to provide for other related matters. Staff recommends APPROVAL.

THIS ITEM WILL BE FORWARDED TO CITY COUNCIL IN ORDINANCE FORM

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL

BACKUP DOCUMENTATION:
1. Proposed Amendments and Staff Report
TXT-71636

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
TXT-71636 Staff recommends APPROVAL.

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED N/A

NOTICES MAILED Newspaper Notification Only

APPROVALS 0

PROTESTS 0

SG
TXT-71636
Proposed Amendments Page One
October 10, 2017 - Planning Commission Meeting

** PROPOSED AMENDMENTS **

1. Title 19.12.070 is hereby amended by amending the description for the Marijuana
Cultivation Facility use as follows:

Marijuana Cultivation Facility


Description: An enclosed structure which cultivates, delivers, transfers,
transports, supplies, or sells marijuana to marijuana dispensaries or
marijuana production facilities. This use includes a cultivation facility, as
defined in NRS 453A.056 and a "marijuana cultivation facility" as defined
in NRS 453D.030.

Minimum Special Use Permit Requirements:


* 1. Pursuant to its general authority to regulate the cultivation, production,
dispensing, and sale of marijuana, 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 marijuana
cultivation facilities and certain other uses that should be protected from the
impacts associated with a marijuana cultivation facility. Therefore, except as
otherwise provided below, no marijuana cultivation facility may be located
within 1000 feet of any school. or within 300 feet of any of the following
uses:
a. City park;
b. Church/house of worship;
c. Individual care - family home, individual care - group home, or individual
care center (in each case licensed for the care of children);
d. Community recreational facility (public); or
e. Any use whose primary function is to provide recreational opportunities
to minors. Such uses include without limitation commercial
recreation/amusement (indoor or outdoor); library, art gallery or museum
(public); teen dance center; and martial arts studio that provides
instruction to minors.
* 2. The distance separation referred to in Requirement 1 shall be measured
with reference to the shortest distance between two property lines, one
being the property line of the proposed marijuana cultivation facility which is
closest to the existing use to which the measurement pertains, and the other
being the property line of that existing use which is closest to the proposed
marijuana cultivation facility. The distance shall be measured in a straight
line without regard to intervening obstacles.

SG
TXT-71636
Proposed Amendments Page Two
October 10, 2017 - Planning Commission Meeting

* 3. For the purpose of Requirement 2, and for that purpose only:


a. The property line of a protected use refers to the property line of a fee
interest parcel that has been created by an approved and recorded
parcel map or subdivision map, and does not include the property line of
a leasehold parcel; and
b. The property line of a marijuana cultivation facility refers to:
i. The property line of a parcel that has been created by an approved
and recorded parcel map or commercial subdivision map; or
ii. The property line of a parcel that is located within an approved and
recorded commercial subdivision and that has been created by a
record of survey or legal description, if:
A. Using the property line of that parcel for the purpose of measuring
the distance separation referred to in Requirement 1 would qualify
the parcel under the distance separation requirement; and
B. The proposed marijuana cultivation facility 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 marijuana cultivation facility
will be located.

* 4. When a marijuana cultivation facility authorized pursuant to NRS Chapter


453D (the "Chapter 453D facility") is proposed to be located within a
cultivation facility that is authorized pursuant to NRS Chapter 453A (the
"Chapter 453A facility"), and the Chapter 453A facility has obtained special
use permit approval as of July 1, 2017, the applicable distance separation
requirements under Requirement 1 for the proposed Chapter 453D facility
shall be those that were in effect at the time of special use permit
approval for the Chapter 453A facility. A Chapter 453D facility that has
received special use permit approval, either pursuant to a new special use
permit or by means of a review of conditions under an existing special
use permit, shall be deemed a conforming use for purposes of this Title.
* 5. The use shall conform to, and is subject to, the provisions of LVMC Title 6,
as they presently exist and may be hereafter amended.
* 6. No outside storage shall be permitted, including the use of shipping
containers for on-site storage.
* 7. An air filtration system to be designed by a Nevada licensed engineer shall
be provided prior to the issuance of a certificate of occupancy.

SG
TXT-71636
Proposed Amendments Page Three
October 10, 2017 - Planning Commission Meeting

8. Signage for the establishment shall be limited to one wall sign per street
frontage, the face of the sign not to exceed thirty square feet in area and not
to exceed two feet in height. Such a sign shall be internally illuminated, with
the use of neon prohibited.
* 9 8. The Special Use Permit shall be void without further action if the uses
ceases for a period exceeding 90 days.
* 10 9. A marijuana cultivation facility shall obtain all required approvals from
the State of Nevada to operate such a facility prior to the Special Use Permit
being exercised pursuant to LVMC 19.16.110.
11 10. The use may not be located under the same roof as another use, except
a marijuana cultivation facility, marijuana dispensary or marijuana
production facility.

2. Title 19.12.070 is hereby amended by amending the description for the Marijuana
Production Facility use as follows:

Marijuana Dispensary
Description: An establishment which acquires, possesses, delivers, transfers,
transports, supplies, sells or dispenses marijuana or related supplies and
educational materials. This use includes a medical marijuana dispensary,
as defined in NRS 453A.115 and a "retail marijuana store" as defined
in NRS 453D.030.
Minimum Special Use Permit Requirements:
* 1. Pursuant to its general authority to regulate the cultivation, production,
dispensing, and sale of marijuana, 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 marijuana
dispensary and certain other uses that should be protected from the impacts
associated with a marijuana dispensary. Therefore, except as otherwise
provided below, no marijuana dispensary may be located within 1000 feet of
any school, or within 300 feet of any of the following uses:
a. City park;
b. Church/house of worship;
c. Individual care - family home, individual care - group home, or individual
care center (in each case licensed for the care of children);
d. Community recreational facility (public); or

SG
TXT-71636
Proposed Amendments Page Four
October 10, 2017 - Planning Commission Meeting

e. Any use whose primary function is to provide recreational opportunities


to minors. Such uses include without limitation commercial
recreation/amusement (indoor or outdoor); library, art gallery or museum
(public); teen dance center; and martial arts studio that provides
instruction to minors.
* 2. The distance separation referred to in Requirement 1 shall be measured
with reference to the shortest distance between two property lines, one
being the property line of the proposed marijuana dispensary which is
closest to the existing use to which the measurement pertains, and the other
being the property line of that existing use which is closest to the proposed
marijuana dispensary. The distance shall be measured in a straight line
without regard to intervening obstacles.
* 3. For the purpose of Requirement 2, and for that purpose only:
a. The property line of a protected use refers to the property line of a fee
interest parcel that has been created by an approved and recorded
parcel map or subdivision map, and does not include the property line of
a leasehold parcel; and
b. The property line of a marijuana dispensary refers to:
i. The property line of a parcel that has been created by an approved
and recorded parcel map or commercial subdivision map; or
ii. The property line of a parcel that is located within an approved and
recorded commercial subdivision and that has been created by a
record of survey or legal description, if:
A. Using the property line of that parcel for the purpose of
measuring the distance separation referred to in Requirement 1
would qualify the parcel under the distance separation
requirement;
B. The proposed marijuana dispensary 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 marijuana
dispensary will be located;
C. All parking spaces required by this Section 19.12.070 for the
marijuana dispensary use will be located on the same parcel as
the use; and
D. The owners of all parcels within the commercial subdivision,
including the owner of agreement, satisfactory to the City
Attorney, that provides for perpetual, reciprocal cross-access,
ingress and egress throughout the commercial subdivision.

SG
TXT-71636
Proposed Amendments Page Five
October 10, 2017 - Planning Commission Meeting

* 4. When a retail marijuana store authorized pursuant to NRS Chapter


453D (the "Chapter 453D facility") is proposed to be located within a
medical marijuana dispensary that is authorized pursuant to NRS Chapter
453A (the "Chapter 453A facility"), and the Chapter 453A facility has
obtained special use permit approval as of July 1, 2017, the applicable
distance separation requirements under Requirement 1 for the proposed
Chapter 453D facility shall be those that were in effect at the time of special
use permit approval for the Chapter 453A facility. A Chapter 453D facility
that has received special use permit approval, either pursuant to a new
special use permit or by means of a review of conditions under an existing
special use permit, shall be deemed a conforming use for purposes of this
Title.
* 5. The use shall conform to, and is subject to, the provisions of LVMC Title 6,
as they presently exist and may be hereafter amended.
* 6. No outside storage shall be permitted, including the use of shipping
containers for on-site storage.
* 7. Subject to the requirements of applicable building and fire codes, public
access to the building shall be from one point of entry and exit, with no other
access to the interior of the building permitted.
* 8. No drive-through facilities shall be permitted in conjunction with a marijuana
dispensary.
9. Signage for the establishment shall be limited to one wall sign per street
frontage, the face of the sign not to exceed thirty square feet in area and not
to exceed two feet in height. Such a sign shall be internally illuminated, with
the use of neon prohibited.
* 10 9. The Special Use Permit shall be void without further action if the uses
ceases for a period exceeding 90 days.
* 11 10. A marijuana dispensary shall obtain all required approvals from the
State of Nevada to operate such a facility prior to the Special Use Permit
being exercised pursuant to LVMC 19.16.110.
* 12 11. No marijuana dispensary shall be located on any property which abuts
Fremont Street west of 8th Street.
* 13 12. No accessory uses are permitted in association with a marijuana
dispensary unless such a use relates to providing education regarding the
use of marijuana.

SG
TXT-71636
Proposed Amendments Page Six
October 10, 2017 - Planning Commission Meeting

3. Title 19.12.070 is hereby amended by amending the description for the Marijuana
Production Facility use as follows:

Marijuana Production Facility


Description: An enclosed structure which acquires, possesses, manufactures,
delivers, transfers, transports, supplies, or sells edible marijuana products or
marijuana-infused products to marijuana dispensaries. This use includes a
facility for the production of edible marijuana products or marijuana-infused
products, as defined in NRS 453A.105 and a "marijuana product
manufacturing facility" as defined in NRS 453D.030.
Minimum Special Use Permit Requirements:
* 1. Pursuant to its general authority to regulate the cultivation, production,
dispensing, and sale of marijuana, 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 marijuana
production facility and certain other uses that should be protected from the
impacts associated with a marijuana production facility. Therefore, except
as otherwise provided below, no marijuana production facility may be
located within 1000 feet of any school, or within 300 feet of any of the
following uses:
a. City park;
b. Church/house of worship;
c. Individual care - family home, individual care - group home, or individual
care center (in each case licensed for the care of children);
d. Community recreational facility (public); or
e. Any use whose primary function is to provide recreational opportunities
to minors. Such uses include without limitation commercial
recreation/amusement (indoor or outdoor); library, art gallery or museum
(public); teen dance center; and martial arts studio that provides
instruction to minors.
* 2. The distance separation referred to in Requirement 1 shall be measured
with reference to the shortest distance between two property lines, one
being the property line of the proposed marijuana production facility which is
closest to the existing use to which the measurement pertains, and the other
being the property line of that existing use which is closest to the proposed
marijuana production facility. The distance shall be measured in a straight
line without regard to intervening obstacles.

SG
TXT-71636
Proposed Amendments Page Seven
October 10, 2017 - Planning Commission Meeting

* 3. For the purpose of Requirement 2, and for that purpose only:


a. The property line of a protected use refers to the property line of a fee
interest parcel that has been created by an approved and recorded
parcel map or subdivision map, and does not include the property line of
a leasehold parcel; and
b. The property line of a marijuana production facility refers to:
i. The property line of a parcel that has been created by an approved
and recorded parcel map or commercial subdivision map; or
ii. The property line of a parcel that is located within an approved and
recorded commercial subdivision and that has been created by a
record of survey or legal description, if:
A. Using the property line of that parcel for the purpose of
measuring the distance separation referred to in Requirement 1
would qualify the parcel under the distance separation
requirement;
B. The proposed marijuana production facility 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
marijuana production facility will be located;
* 4. When a marijuana product manufacturing facility authorized pursuant
to NRS Chapter 453D (the "Chapter 453D facility") is proposed to be
located within a medical marijuana production facility that is authorized
pursuant to NRS Chapter 453A (the "Chapter 453A facility"), and the
Chapter 453A facility has obtained special use permit approval as of July 1,
2017, the applicable distance separation requirements under Requirement 1
for the proposed Chapter 453D facility shall be those that were in effect at
the time of special use permit approval for the Chapter 453A facility. A
Chapter 453D facility that has received special use permit approval, either
pursuant to a new special use permit or by means of a review of conditions
under an existing special use permit, shall be deemed a conforming use for
purposes of this Title.
* 5. The use shall conform to, and is subject to, the provisions of LVMC Title 6,
as they presently exist and may be hereafter amended.
* 6. No outside storage shall be permitted, including the use of shipping
containers for on-site storage.
* 7. An air filtration system to be designed by a Nevada licensed engineer shall
be provided prior to the issuance of a certificate of occupancy.

SG
TXT-71636
Proposed Amendments Page Eight
October 10, 2017 - Planning Commission Meeting

* 8. Distillation or extraction by combustible solvent is prohibited.


9. Signage for the establishment shall be limited to one wall sign per street
frontage, the face of the sign not to exceed thirty square feet in area and not
to exceed two feet in height. Such a sign shall be internally illuminated, with
the use of neon prohibited.
* 10 9. The Special Use Permit shall be void without further action if the uses
ceases for a period exceeding 90 days.
* 11 10. A marijuana production facility shall obtain all required approvals from
the State of Nevada to operate such a facility prior to the Special Use Permit
being exercised pursuant to LVMC 19.16.110.
12 11. The use may not be located under the same roof as another use, except
a marijuana cultivation facility, marijuana dispensary or marijuana
production facility.

SG
TXT-71636
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request to amend LVMC Title 19.12.070 by amending the Minimum Special
Use Permit Requirement regarding signage restrictions for the Marijuana Cultivation
Facility, Marijuana Dispensary and Marijuana Production Facility uses.

ANALYSIS

Under current code requirements in the City of Las Vegas, on-site signage for marijuana
uses are restricted to one wall sign per street frontage, the face of the sign not to exceed
thirty square feet in area and not to exceed two feet in height. Signage is also limited to
internal illumination, and the use of neon is prohibited. A previous Text Amendment
(TXT-64173) that allowed these restrictions to be waived was adopted as Ordinance
6545 on 08/03/16. This amendment would remove the restrictions entirely, and allow
signage at sites occupied by marijuana uses to simply comply with the standard zoning
requirements of Title 19 and any applicable Special Area Master Plan.

FINDINGS

This amendment will accomplish the following:

1. Delete the on-site signage restrictions that limit marijuana uses to one wall sign per
street frontage, the face of the sign not to exceed thirty square feet in area and not
to exceed two feet in height. Signage is also limited to internal illumination, and the
use of neon is prohibited.
2. On-site signage would be subject to the standard zoning requirements of Title 19
and any applicable Special Area Master Plan.

SG
Agenda Item No.: 81.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
TXT-71668 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For possible action on a request to amend LVMC Title 19.18.020 and LVMC
Title 6.50.020 related to the definition of a Convenience Store, and to provide for other related
matters. Staff recommends APPROVAL.

THIS ITEM WILL BE FORWARDED TO CITY COUNCIL IN ORDINANCE FORM

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL

BACKUP DOCUMENTATION:
1. Proposed Amendments and Staff Report
TXT-71668

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
TXT-71663 Staff recommends APPROVAL.

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED N/A

NOTICES MAILED Newspaper Notification Only

APPROVALS 0

PROTESTS 0

SG
TXT-71668
Proposed Amendments Page One
October 10, 2017 - Planning Commission Meeting

** PROPOSED AMENDMENTS **

1. LVMC Title 19.18.020 is hereby amended by amending the definition for the
Convenience Store use as follows:

Convenience Store. A facility designed to have a minimum size of 1200


square feet of gross floor area and no more than 5000 square feet of floor
space, exclusive of warehouse and office area, devoted to the display of
merchandise, that is primarily used for the retail sale to the public of
merchandise for off-site consumption, including prepackaged food products,
sundries, household items and similar consumer items. A convenience store
that is located within a mixed-use development may contain less than one
thousand two hundred square feet of gross floor area. The term does not
include a retail business licensed as a drugstore pursuant to LVMC Title 6.

2. LVMC Title 6.50.020 is hereby amended by amending the definition for the
Convenience Store use as follows:

"Convenience store" means a retail establishment other than a drugstore,


which:
(1) Offers for sale prepackaged food products, household items and other
goods commonly associated with those products and items, and maintains
more than fifty-one percent of its gross retail floor area dedicated to such
products and items, provided that not more than ten percent of its gross
retail floor area is devoted to the sale of beer, wine and coolers; and
(2) Contains not less than one thousand two hundred square feet of gross
floor area, nor more than five thousand square feet of floor space devoted
to retail sales display, exclusive of warehouse and office areas. A
convenience store that is located within a mixed-use development may
contain less than one thousand two hundred square feet of gross floor
area.

SG
TXT-71668
Staff Report Page One
October 10, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request to amend LVMC Title 19.18.020 and LVMC Title 6.50.020 by
amending the definition in both for a Convenience Store to allow a convenience store
located within a mixed-use development to contain less than 1,200 of gross floor area.

ANALYSIS

Under current code requirements in the City of Las Vegas, a Convenience Store is
defined as having a minimum gross floor area of 1,200 square feet. This amendment
would allow a convenience store located within a mixed-use development to have less
than 1,200 square feet. Convenience stores located within mixed-use developments
are generally smaller than average due to the high density, urban environment that they
are located in. In addition, although they are open to the public, they mainly service the
tenants and residents of the mixed-use development in which they are located.
Allowing a convenience store with a smaller footprint in these locations is beneficial in
keeping these neighborhoods walkable, and allows them to carry a full range of
products, including beer and wine/wine coolers with the approval of a Special Use
Permit. It would not allow a convenience store to operate as a full liquor store offering
off-sale package liquor sales.

FINDINGS

This amendment will accomplish the following:

1. It will amend the definition of Convenience Store in both LVMC Title 19.18.020
and LVMC Title 6.50.020 to allow a convenience store located within a mixed-
use development to contain less than 1,200 of gross floor area.

SG
Agenda Item No.: 82.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
DIR-71649 - DIRECTORS BUSINESS - PUBLIC HEARING - APPLICANT/OWNER: CITY
OF LAS VEGAS - For possible action on a request to approve the 2018 Planning Commission
Meeting Schedule. Staff recommends APPROVAL.

P.C.: FINAL ACTION

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL

BACKUP DOCUMENTATION:
1. 2018 DRAFT Planning Commission Meeting Schedule
DEPARTMENT OF PLANNING

2018
PLANNING COMMISSION MEETING SCHEDULE
[A Pre-Application Conference shall take place before the Application Closing Day]

Application Planning Commission


Closing Day Meeting Date
NOVEMBER 22, 2017 JANUARY 9, 2018*

DECEMBER 28, 2017 FEBRUARY 13, 2018

JANUARY 25, 2018 MARCH 13, 2018

FEBRUARY 22, 2018 APRIL 10, 2018*

MARCH 22, 2018 MAY 8, 2018

APRIL 26, 2018 JUNE 12, 2018

MAY 24, 2018 JULY 10, 2018*

JUNE 28, 2018 AUGUST 14, 2018

JULY 26, 2018 SEPTEMBER 11, 2018

AUGUST 23, 2018 OCTOBER 9, 2018*

SEPTEMBER 27, 2018 NOVEMBER 13, 2018

OCTOBER 25, 2018 DECEMBER 11, 2018

NOVEMBER 21, 2018 JANUARY 8, 2019*

Applications MUST BE submitted by 4:00 P.M. on CLOSING DAYS


Applications WILL BE accepted until 5:00 P.M. on NON-CLOSING DAYS
Call (702) 229-6301 for additional information

* GPA CYCLES
TO BE REVIEWD BY P.C.: 10/10/2017
Agenda Item No.: 83.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 10, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING

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

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