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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 Steven D. Ross, (Ward 6) Sam Cherry, Vice Chair
Councilwoman Lois Tarkanian, (Ward 1) Vicki Quinn
Councilman Ricki Y. Barlow (Ward 5) Todd L. Moody
Councilman Stavros S. Anthony, (Ward 4) Glenn Trowbridge
Councilman Bob Coffin, (Ward 3) Cedric Crear
Councilman Bob Beers, (Ward 2) Donna Toussaint
City Manager Elizabeth N. Fretwell

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.

April 11, 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 April 11, 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 MARCH 14, 2017.

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

Planning Commission April 11, 2017 - Page 2


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

7. TMP-69211 - TENTATIVE MAP - EASTERN/HINKLE (A COMMERCIAL SUBDIVISION) -


APPLICANT/OWNER: 1411 EASTERN, LLC - For possible action on a request for a Tentative Map FOR A ONE-
LOT COMMERCIAL SUBDIVISION on 2.84 acres at 1409 and 1411 North Eastern Avenue (APN 139-26-508-006), C-2
(General Commercial) Zone, Ward 3 (Coffin) [PRJ-69136]. Staff recommends APPROVAL.

8. TMP-69228 - TENTATIVE MAP - SKYE CANYON PARCEL 2.23B - APPLICANT: NINETY FIVE
MANAGEMENT, LLC - OWNER: SECTION 12, LLC - For possible action on a request for a Tentative Map FOR A
102-LOT SINGLE-FAMILY SUBDIVISION on 18.90 acres on the southeast corner of Eagle Canyon Avenue and
Shaumber Road (APNs 126-12-410-002 and 003), T-D (Traditional Development) Zone [Kyle R-CL Single Family
Compact Lot District (Medium-Low Density) Skye Canyon Special Land Use Designation], Ward 6 (Ross) [PRJ-69155].
Staff recommends APPROVAL.

9. EOT-68795 - EXTENSION OF TIME - SPECIAL USE PERMIT - APPLICANT: JURY ROOM BAR - OWNER:
OAK BROOK REALTY INVESTMENTS II, LLC - For possible action on a request for an Extension of Time of an
approved Special Use Permit (SUP-57034) FOR A PROPOSED 614 SQUARE-FOOT TAVERN-LIMITED
ESTABLISHMENT USE within a portion of 321 South Casino Center Boulevard (APN 139-34-201-020), C-2 (General
Commercial) Zone, Ward 3 (Coffin). Staff recommends APPROVAL.

ONE MOTION - ONE VOTE


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

10. GPA-68787 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT: CLARK COUNTY
SCHOOL DISTRICT - OWNER: USA - For possible action on a request for a General Plan Amendment FROM: PR-
OS (PARKS/RECREATION/OPEN SPACE) TO: PF (PUBLIC FACILITIES) on 14.92 acres at the northwest corner of
Farm Road and Jensen Street (APN 125-18-201-015), Ward 6 (Ross) [PRJ-68779]. Staff recommends APPROVAL.

11. ZON-68788 - REZONING RELATED TO GPA-68787 - PUBLIC HEARING - APPLICANT: CLARK COUNTY
SCHOOL DISTRICT - OWNER: USA - For possible action on a request for a Rezoning FROM: U (UNDEVELOPED)
[PR-OS (PARKS/RECREATION/OPEN SPACE) GENERAL PLAN DESIGNATION] TO: C-V (CIVIC) on 14.92 acres
at the northwest corner of Farm Road and Jensen Street (APN 125-18-201-015), Ward 6 (Ross) [PRJ-68779]. Staff
recommends APPROVAL.

12. SDR-68790 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-68787 AND ZON-68788 - PUBLIC
HEARING - APPLICANT: CLARK COUNTY SCHOOL DISTRICT - OWNER: USA - For possible action on a
request for a Site Development Plan Review FOR A 93,473 SQUARE-FOOT PUBLIC OR PRIVATE SCHOOL,
PRIMARY WITH A WAIVER TO ALLOW A 10-FOOT LANDSCAPE BUFFER ALONG A PORTION OF THE EAST
PROPERTY LINE WHERE 15 FEET IS REQUIRED on 14.92 acres at the northwest corner of Farm Road and Jensen
Street (APN 125-18-201-015), U (Undeveloped) Zone [PR-OS (Parks/Recreation/Open Space) General Plan Designation]
[PROPOSED: C-V (Civic)], Ward 6 (Ross) [PRJ-68779]. Staff recommends APPROVAL.

13. GPA-69188 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: OAK HOLLOW,
LLC - For possible action on a request for a General Plan Amendment FROM: L (LOW DENSITY RESIDENTIAL) TO:
MXU (MIXED USE) on 0.08 acres on the north side of Providence Lane at the terminus of Portsmouth Way (APN 139-
31-210-001), Ward 1 (Tarkanian) [PRJ-69152]. Staff recommends APPROVAL.

Planning Commission April 11, 2017 - Page 3


14. TMP-69190 - TENTATIVE MAP RELATED TO GPA-69188 - OAK HOLLOW (A COMMERCIAL
SUBDIVISION) - PUBLIC HEARING - APPLICANT: OAK HOLLOW, LLC - OWNER: OAK HOLLOW, LLC,
ET AL - For possible action on a request for a Tentative Map FOR A ONE-LOT COMMERCIAL SUBDIVISION on
3.66 acres at the southeast corner of Meadows Lane and Decatur Boulevard (APNs 139-31-201-001, 002, 003, 004 and
006; and 139-31-210-001), C-2 (General Commercial) Zone, Ward 1 (Tarkanian) [PRJ-69152]. Staff recommends
APPROVAL.

15. SUP-69230 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: STAR LOAN CENTERS - OWNER:
432 E. SAHARA LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED 2,312 SQUARE-
FOOT AUTO TITLE LOAN USE WITH WAIVERS TO ALLOW A ZERO-FOOT DISTANCE SEPARATION FROM
A RESIDENTIAL USE WHERE 200 FEET IS REQUIRED AND TO ALLOW A 959-FOOT DISTANCE
SEPARATION FROM A SIMILAR USE WHERE 1,000 FEET IS REQUIRED at 432 East Sahara Avenue (APN 162-03-
416-023), C-1 (Limited Commercial) Zone, Ward 3 (Coffin) [PRJ-69016]. Staff recommends APPROVAL.

16. VAC-69194 - VACATION - PUBLIC HEARING - APPLICANT/OWNER: HV APTS, LLC - For possible action on
a request for a Petition to Vacate 20-foot wide public alleys south of Alta Drive, between Desert Lane and Martin L King
Boulevard, Ward 1 (Tarkanian) [PRJ-68254]. Staff recommends APPROVAL.

PUBLIC HEARING ITEMS


17. GPA-68781 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT: BRITIM
CONSTRUCTION - OWNER: MATLOCK HOLDINGS IV, LLC - For possible action on a request for a General
Plan Amendment FROM: R (RURAL DENSITY RESIDENTIAL) TO: M (MEDIUM DENSITY RESIDENTIAL) on
2.49 acres at 5097 Roberta Lane (APN 138-13-801-002), Ward 5 (Barlow) [PRJ-68576]. Staff recommends DENIAL.

18. ZON-68782 - REZONING RELATED TO GPA-68781 - PUBLIC HEARING - APPLICANT: BRITIM


CONSTRUCTION - 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-3
(MEDIUM DENSITY RESIDENTIAL) on 2.49 acres at 5097 Roberta Lane (APN 138-13-801-002), Ward 5 (Barlow)
[PRJ-68576]. Staff recommends DENIAL.

19. SDR-68784 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-68781 AND ZON-68782 - PUBLIC
HEARING - APPLICANT: BRITIM CONSTRUCTION - OWNER: MATLOCK HOLDINGS IV, LLC - For
possible action on a request for a Site Development Plan Review FOR A PROPOSED 40-UNIT MULTI-FAMILY
RESIDENTIAL DEVELOPMENT on 2.49 acres at 5097 Roberta Lane (APN 138-13-801-002), U (Undeveloped) Zone
[R (Rural Density Residential) General Plan Designation] [PROPOSED: R-3 (Medium Density Residential)], Ward 5
(Barlow) [PRJ-68576]. Staff recommends DENIAL.

20. GPA-68886 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: FDD


INVESTMENTS, LLC - For possible action on a request for a General Plan Amendment FROM: M (MEDIUM
DENSITY RESIDENTIAL) TO: H (HIGH DENSITY RESIDENTIAL) on 0.89 acres on the northwest corner of
Charleston Boulevard and Shiloah Drive (APNs 140-31-401-038 through 040), Ward 3 (Coffin) [PRJ-68884]. Staff
recommends DENIAL.

21. ZON-68887 - REZONING RELATED TO GPA-68886 - PUBLIC HEARING - APPLICANT/OWNER: FDD


INVESTMENTS, LLC - For possible action on a request for a Rezoning FROM: R-2 (MEDIUM-LOW DENSITY
RESIDENTIAL) TO: R-3 (MEDIUM DENSITY RESIDENTIAL) on 0.89 acres on the northwest corner of Charleston
Boulevard and Shiloah Drive (APNs 140-31-401-038 through 040), Ward 3 (Coffin) [PRJ-68884]. Staff recommends
DENIAL.

22. 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.

23. 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.
Planning Commission April 11, 2017 - Page 4
24. 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
(Ross) [PRJ-69151]. Staff recommends DENIAL.

25. 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 (Ross) [PRJ-69151]. Staff
recommends DENIAL.

26. GPA-69221 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: YING LUO - For
possible action on a request for a General Plan Amendment FROM: O (OFFICE) TO: SC (SERVICE COMMERCIAL) on
0.18 acres at 607 South Decatur Boulevard (APN 139-31-310-051), Ward 1 (Tarkanian) [PRJ-69185]. Staff recommends
DENIAL.

27. ZON-69222 - REZONING RELATED TO GPA-69221 - PUBLIC HEARING - APPLICANT/OWNER: YING


LUO - For possible action on a request for a Rezoning FROM: P-R (PROFESSIONAL OFFICE AND PARKING) TO: C-
1 (LIMITED COMMERCIAL) on 0.18 acres at 607 South Decatur Boulevard (APN 139-31-310-051), Ward 1
(Tarkanian) [PRJ-69185]. Staff recommends DENIAL.

28. VAR-69223 - VARIANCE RELATED TO GPA-69221 AND ZON-69222 - PUBLIC HEARING -


APPLICANT/OWNER: YING LUO - For possible action on a request for a Variance TO ALLOW A 78-FOOT LOT
WIDTH WHERE 100 FEET IS REQUIRED AND TO ALLOW A 14-FOOT REAR YARD SETBACK WHERE 20
FEET IS REQUIRED on 0.18 acres at 607 South Decatur Boulevard (APN 139-31-310-051), P-R (Professional Office
and Parking) Zone [PROPOSED: C-1 (Limited Commercial)], Ward 1 (Tarkanian) [PRJ-69185]. Staff recommends
DENIAL.

29. WVR-69171 - WAIVER - PUBLIC HEARING - APPLICANT/OWNER: D.R. HORTON, INC. - For possible action
on a request for a Waiver TO ALLOW NO INTERIOR STREETLIGHTS WHERE SUCH ARE REQUIRED FOR A
PROPOSED RESIDENTIAL SUBDIVISION on 10.36 acres located at the northwest corner of El Campo Grande Avenue
and Alpine Ridge Way (APNs 126-25-301-004 and 005), R-D (Single Family Residential-Restricted) Zone, Ward 6 (Ross)
[PRJ-69090]. Staff recommends DENIAL.

30. WVR-69172 - WAIVER RELATED TO WVR-69171 - PUBLIC HEARING - APPLICANT/OWNER: D.R.


HORTON, INC. - 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 10.36 acres located at the northwest corner of
El Campo Grande Avenue and Alpine Ridge Way (APNs 126-25-301-004 and 005), R-D (Single Family Residential-
Restricted) Zone, Ward 6 (Ross) [PRJ-69090]. Staff recommends DENIAL.

31. VAR-69170 - VARIANCE RELATED TO WVR-69171 AND WVR-69172 - PUBLIC HEARING -


APPLICANT/OWNER: D.R. HORTON, INC. - For possible action on a request for a Variance TO ALLOW A
CONNECTIVITY RATIO OF 1.0 WHERE 1.3 IS REQUIRED AND TO ALLOW NO AMENITY ZONE WHERE
SUCH IS REQUIRED FOR A PROPOSED RESIDENTIAL SUBDIVISION on 10.36 acres located at the northwest
corner of El Campo Grande Avenue and Alpine Ridge Way (APNs 126-25-301-004 and 005), R-D (Single Family
Residential-Restricted) Zone, Ward 6 (Ross) [PRJ-69090]. Staff recommends DENIAL.

32. VAC-69173 - VACATION RELATED TO WVR-69171, WVR-69172 AND VAR-69170 - PUBLIC HEARING -
APPLICANT/OWNER: D.R. HORTON, INC. - For possible action on a request for a Petition to Vacate U.S.
Government Patent Easements on property located at the northwest corner of El Campo Grande Avenue and Alpine Ridge
Way (APNs 126-25-301-004 and 005), Ward 6 (Ross) [PRJ-69090]. Staff recommends APPROVAL.

33. TMP-69174 - TENTATIVE MAP RELATED WVR-69171, WVR-69172, VAR-69170 AND VAC-69173 - SUMMIT
RIDGE II - PUBLIC HEARING - APPLICANT/OWNER: D.R. HORTON, INC. - For possible action on a request
for a Tentative Map FOR A 29-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION on 10.36 acres located at the
northwest corner of El Campo Grande Avenue and Alpine Ridge Way (APNs 126-25-301-004 and 005), R-D (Single
Family Residential-Restricted) Zone, Ward 6 (Ross) [PRJ-69090]. Staff recommends DENIAL.

Planning Commission April 11, 2017 - Page 5


34. VAR-69410 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: DAVID HUNTINGTON - For possible
action on a request for a Variance TO ALLOW NINE PARKING SPACES WHERE 30 SPACES ARE REQUIRED on
0.31 acres at 517 South Tonopah Drive (APN 139-33-302-001), PD (Planned Development) Zone [MD-1 (Medical
Support) Las Vegas Medical District Special Land Use Designation], Ward 1 (Tarkanian) [PRJ-69213]. Staff
recommends DENIAL.

35. SDR-69411 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-69410 - PUBLIC HEARING -
APPLICANT/OWNER: DAVID HUNTINGTON - For possible action on a request for a Site Development Plan
Review FOR THE CONVERSION OF A SINGLE-FAMILY RESIDENCE TO A 5,461 SQUARE-FOOT OFFICE,
MEDICAL OR DENTAL BUILDING WITH WAIVERS OF THE LAS VEGAS MEDICAL DISTRICT PARKING LOT
SCREENING AND STREETSCAPE REQUIREMENTS; AND TO ALLOW A ZERO-FOOT PERIMETER
LANDSCAPE BUFFER ON A PORTION OF THE SOUTH AND EAST PROPERTY LINES WHERE EIGHT FEET IS
REQUIRED on 0.31 acres at 517 South Tonopah Drive (APN 139-33-302-001), PD (Planned Development) Zone [MD-1
(Medical Support) Las Vegas Medical District Special Land Use Designation], Ward 1 (Tarkanian) [PRJ-69213]. Staff
recommends DENIAL.

36. VAR-68235 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: KATRINA NICOSIA - For possible
action on a request for a Variance TO ALLOW A ZERO-FOOT SIDE AND REAR YARD SETBACK WHERE THREE
FEET IS REQUIRED FOR AN EXISTING ACCESSORY STRUCTURE (CLASS II) [GAZEBO] on 0.17 acres at 6229
Markleham Avenue (APN 125-26-511-012), R-PD3 (Residential Planned Development - 3 Units per Acre) Zone, Ward 6
(Ross) [PRJ-67071]. Staff recommends DENIAL.

37. VAR-69126 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: CHRISTOPHER ALBERTI - For


possible action on a request for a Variance TO ALLOW A SEVEN-FOOT SIDE YARD SETBACK WHERE 10 FEET IS
REQUIRED FOR AN EXISTING ACCESSORY STRUCTURE (CLASS II) [DETACHED PATIO COVER] on 0.35
acres located at 4686 Dream Catcher Avenue (APN 138-04-510-042), R-E (Residence Estates) Zone, Ward 4 (Anthony)
[PRJ-69083]. Staff recommends DENIAL.

38. VAR-69167 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: ANGEL ATILIO & KARA SANCHEZ
- For possible action on a request for a Variance TO ALLOW A ONE-FOOT SIDE YARD SETBACK WHERE FIVE
FEET IS REQUIRED AND A TWO-FOOT REAR YARD SETBACK WHERE 15 FEET IS REQUIRED FOR AN
EXISTING ADDITION TO A SINGLE-FAMILY DWELLING on 0.17 acres located at 6104 Kimberly Circle (APN 138-
35-812-035), R-1 (Single Family Residential) Zone, Ward 1 (Tarkanian) [PRJ-68793]. Staff recommends DENIAL.

39. VAR-69168 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: LAVERT AND VINCENT POMPEI-
BENEFIELD REVOCABLE LIVING TRUST - For possible action on a request for a Variance TO ALLOW A
SEVEN-FOOT TALL WALL/FENCE IN THE FRONT YARD AREA WHERE A MAXIMUM OF FIVE FEET WITH
A TWO-FOOT SOLID BASE IS ALLOWED on 0.27 acres at 1720 Villa de Conde Way (APN 162-05-712-022), R-1
(Single Family Residential) Zone, Ward 1 (Tarkanian) [PRJ-69078]. Staff recommends DENIAL.

40. VAR-69204 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: MAJORIE A POLLY LIVING TRUST
- For possible action on a request for a Variance TO ALLOW A 40-FOOT FRONT YARD SETBACK WHERE 50 FEET
IS REQUIRED FOR A PROPOSED ADDITION TO AN EXISTING SINGLE-FAMILY DWELLING on 0.75 acres
located at 3210 Ashby Avenue (APN 162-05-112-013), R-E (Residence Estates) Zone, Ward 1 (Tarkanian) [PRJ-69141].
Staff recommends DENIAL.

41. VAR-69215 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: THE ARNOLD FAMILY


REVOCABLE LIVING TRUST - For possible action on a request for a Variance TO ALLOW A FIVE-FOOT SIDE
YARD SETBACK ON THE WEST AND NORTH PROPERTY LINES AND A ZERO-FOOT REAR YARD SETBACK
WHERE 10 FEET IS REQUIRED FOR A PROPOSED ACCESSORY STRUCTURE (CLASS II) [CASITA] on 0.46
acres at 7641 North Jones Boulevard (APN 125-14-607-021), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-68940].
Staff recommends DENIAL.

42. VAR-69229 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: NATHANIEL LEAVITT - For possible
action on a request for a Variance TO ALLOW A THREE-FOOT SIDE YARD SETBACK WHERE FIVE FEET IS
REQUIRED AND A 13-FOOT REAR YARD SETBACK WHERE 15 FEET IS REQUIRED FOR AN EXISTING
ADDITION TO A SINGLE-FAMILY DWELLING on 0.21 acres located at 3004 Burton Avenue (APN 162-05-214-005),
R-1 (Single Family Residential) Zone, Ward 1 (Tarkanian) [PRJ-68653]. Staff recommends DENIAL.

Planning Commission April 11, 2017 - Page 6


43. SUP-69217 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: PACIFIC HEALTHCARE
III, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED MINI-STORAGE FACILITY
WITH A WAIVER TO ALLOW STORAGE FACILITIES ON THE FIRST FLOOR WHERE SUCH IS NOT
ALLOWED AND TO ALLOW THE NORTH, EAST, AND SOUTH BUILDING FACADES TO NOT APPEAR AS AN
OFFICE OR RETAIL FACILITY WHERE SUCH IS REQUIRED on the east side of Riley Street, approximately 290 feet
south of Rome Boulevard (APN 125-20-803-002), T-C (Town Center) Zone [MS-TC (Main Street Mixed Use - Town
Center) Special Land Use Designation], Ward 6 (Ross) [PRJ-69125]. Staff recommends APPROVAL.

44. SUP-69218 - SPECIAL USE PERMIT RELATED TO SUP-69217 - PUBLIC HEARING - APPLICANT/OWNER:
PACIFIC HEALTHCARE III, LLC - For possible action on a request for a Special Use Permit FOR A 63-FOOT TALL
WIRELESS COMMUNICATION FACILITY (MONOPALM) on the east side of Riley Street, approximately 290 feet
south of Rome Boulevard (APN 125-20-803-002), T-C (Town Center) Zone [MS-TC (Main Street Mixed Use - Town
Center) Special Land Use Designation], Ward 6 (Ross) [PRJ-69125]. Staff recommends APPROVAL.

45. SDR-69219 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-69217 AND SUP-69218 - PUBLIC
HEARING - APPLICANT/OWNER: PACIFIC HEALTHCARE III, LLC - For possible action on a request for a Site
Development Plan Review FOR A PROPOSED 278-UNIT, 72,851 SQUARE-FOOT MINI-STORAGE FACILITY AND
A 63-FOOT TALL WIRELESS COMMUNICATION FACILITY (MONOPALM) WITH WAIVERS OF THE TOWN
CENTER DEVELOPMENT STANDARDS TO ALLOW NONE OF THE BUILDING TO BE BUILT TO THE FRONT
SETBACK LINE WHERE A MINIMUM OF 80 PERCENT IS REQUIRED, TO ALLOW A ZERO-FOOT SIDE YARD
SETBACK WHERE 10 FEET IS REQUIRED, AND TO ALLOW A SEVEN-FOOT REAR SETBACK WHERE 20
FEET IS REQUIRED on 1.98 acres on the east side of Riley Street, approximately 290 feet south of Rome Boulevard
(APN 125-20-803-002), T-C (Town Center) Zone [MS-TC (Main Street Mixed Use - Town Center) Special Land Use
Designation], Ward 6 (Ross) [PRJ-69125]. Staff recommends APPROVAL.

46. SUP-69210 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: CANOPI CANNABIS
DISPENSARY - OWNER: 2113 INVESTORS, LLC - For possible action on a request for a Major Amendment to an
approved Special Use Permit (SUP-55264) FOR A WAIVER TO ALLOW TWO PROPOSED WALL SIGNS ON ONE
STREET FRONTAGE, WHICH EXCEED THE 30 SQUARE-FOOT MAXIMUM ALLOWED at 1324 South 3rd Street
(APN 162-03-105-007), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-69017]. Staff recommends DENIAL.

47. SUP-69259 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: AMERICANA LV, LLC - OWNER:
WFT NV, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED 5,783 SQUARE-FOOT
RESTAURANT WITH ALCOHOL USE WITH A 3,590 SQUARE-FOOT OUTDOOR SEATING AREA WITH A
WAIVER TO ALLOW A ZERO-FOOT DISTANCE SEPARATION FROM A CHURCH/HOUSE OF WORSHIP
WHERE 400 FEET IS REQUIRED at 2620 Regatta Drive, Suite #118 (APN 138-16-820-003), C-1 (Limited Commercial)
Zone, Ward 4 (Anthony) [PRJ-69206]. Staff recommends DENIAL.

48. SUP-69331 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: THE MOB MUSEUM - OWNER:
CITY OF LAS VEGAS - For possible action on a request for a Special Use Permit FOR A 2,600 SQUARE-FOOT
LIQUOR ESTABLISHMENT (TAVERN) USE WITH A WAIVER TO ALLOW A DISTANCE SEPARATION OF 80
FEET FROM A SIMILAR USE WHERE 1,500 FEET IS REQUIRED at 300 Stewart Avenue (APN 139-34-501-007), C-
V (Civic) Zone, Ward 5 (Barlow) [PRJ-68945]. Staff recommends APPROVAL.

49. SDR-68686 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING - APPLICANT/OWNER: MARKET
STREET SUMMERLIN RE, LLC - For possible action on a request for a Site Development Plan Review FOR A
PROPOSED 60-BED CONVALESCENT CARE FACILITY/NURSING HOME WITH A WAIVER TO ALLOW A
ZERO-FOOT PERIMETER LANDSCAPE BUFFER WHERE EIGHT FEET IS REQUIRED ON THE NORTH
PROPERTY LINE, A TWO-FOOT PERIMETER LANDSCAPE BUFFER WHERE EIGHT FEET IS REQUIRED ON A
PORTION OF THE WEST PROPERTY LINE, A SIX-FOOT PERIMETER LANDSCAPE BUFFER WHERE EIGHT
FEET IS REQUIRED ON THE EAST PROPERTY LINE, AND A 10-FOOT PERIMETER LANDSCAPE BUFFER
WHERE 15 FEET IS REQUIRED ON A PORTION OF THE SOUTH PROPERTY LINE on 2.22 acres at 7540 Smoke
Ranch Road (APN 138-15-402-002), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ-68685]. Staff
recommends DENIAL.

Planning Commission April 11, 2017 - Page 7


50. SDR-69225 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING - APPLICANT/OWNER: AVANTE
LV 6TH ST, LLC - For possible action on a request for a Site Development Plan Review FOR A PROPOSED 20-
STORY MIXED-USE DEVELOPMENT CONTAINING 295 MULTI-FAMILY RESIDENTIAL UNITS AND 24,800
SQUARE FEET OF COMMERCIAL SPACE WITH A WAIVER OF DOWNTOWN CENTENNIAL PLAN
ARCHITECTURAL DESIGN STANDARDS on 0.48 acres at the northwest corner of Hoover Avenue and 6th Street
(APN 139-34-410-199), C-1 (Limited Commercial) Zone, Ward 3 (Coffin) [PRJ-69165]. Staff recommends DENIAL.

DIRECTOR'S BUSINESS:
51. TXT-69603 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS - For
possible action on a request to amend LVMC Title 19.12 Permissible Uses and 19.18 Definitions & Measures to amend
Marijuana Establishments (Medical Marijuana Dispensary, Medical Marijuana Production Facility and Medical Marijuana
Cultivation Facility) to allow dual medical marijuana and marijuana and to provide for other related matters. Staff has NO
RECOMMENDATION.

CITIZENS PARTICIPATION:
52. 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 April 11, 2017 - Page 8


Agenda Item No.: 1.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO

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

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO

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

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO

SUBJECT:
ROLL CALL
Agenda Item No.: 4.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO

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

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO

SUBJECT:
FOR POSSIBLE ACTION TO APPROVE THE FINAL MINUTES FOR THE PLANNING
COMMISSION MEETING OF MARCH 14, 2017.
Agenda Item No.: 6.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

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

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
TMP-69211 - TENTATIVE MAP - EASTERN/HINKLE (A COMMERCIAL SUBDIVISION) -
APPLICANT/OWNER: 1411 EASTERN, LLC - For possible action on a request for a Tentative
Map FOR A ONE-LOT COMMERCIAL SUBDIVISION on 2.84 acres at 1409 and 1411 North
Eastern Avenue (APN 139-26-508-006), C-2 (General Commercial) Zone, Ward 3 (Coffin)
[PRJ-69136]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 5/17/2017


OR MAY BE FINAL ACTION (Unless Appealed Within Seven 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-69211 [PRJ-69136]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: 1411 EASTERN, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
TMP-69211 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 17

NOTICES MAILED N/A

PROTESTS 0

APPROVALS 0

CS
TMP-69211 [PRJ-69136]
Conditions Page One
April 11, 2017 - Planning Commission Meeting

** CONDITIONS **

TMP-69211 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. 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.

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

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


Subdivision Statutes.

Public Works

5. Construct all half-street improvements on Hinkle Drive adjacent to this site and
correct all American's with Disabilities Act (ADA) deficiencies on the sidewalks on
Eastern Avenue 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.

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

7. The onsite sewer shall be private and per Title 19.16.060.W. 2, sewer service for
this commercial subdivision shall be shown in accordance with one of the following
two alternatives, and the appropriate note shall appear on the face of the recorded
Final Map:

CS
TMP-69211 [PRJ-69136]
Conditions Page Two
April 11, 2017 - Planning Commission Meeting

I. Onsite sewers are a common element privately owned and


maintained per the Conditions, Covenants, and Restrictions
(CC&Rs) of this commercial subdivision.
II. Onsite sewers are a common element privately owned and
maintained per the Joint Use Agreement of this commercial
subdivision.

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

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

10. 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.

CS
TMP-69211 [PRJ-69136]
Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

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


subdivision on 2.84 acres located at 1409 and 1411 North Eastern Avenue.

ISSUES

The subject site is partially developed; there are no proposed changes or additions
to the site at this time.
The site was found to have Code Enforcement issues involving illegal signs, graffiti,
cars for sale and homeless persons using the site for refuge.

ANALYSIS

The subject site is home to an Auto Repair Garage, Minor use and an Open Air Vending
use. The existing uses are allowed per the Title 19 requirements for the C-2 (General
Commercial) zoning district. The applicant stated in the submitted justification letter that
parcels may be separated for future development via Record of Survey. During the field
check conducted on 3/2/17, staff found the site to have the following Code Enforcement
issues: unpermitted signs; graffiti; cars listed for sale and homeless individuals using the
site for refuge. These have been referred to Code Enforcement for further action.

Access to the site is provided from Eastern Avenue and Hinkle Drive. As the site is
partially developed and there are no planned changes at this time, grading and drainage
will not be an issue. Site circulation will be unaffected by the proposed mapping.
Parking and access is 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.

CS
TMP-69211 [PRJ-69136]
Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

FINDINGS (TMP-69211)

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.

BACKGROUND INFORMATION

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


The City Council withdrew without prejudice Site Development Plan
Review (SDR-25443) for a proposed 1,360 square-foot car wash, full
service with waivers to allow no landscape buffer along a 434-foot
portion of the southern perimeter, no landscape buffer along a 214-foot
portion of the norther perimeter, and no landscape buffer along a 230-
03/19/08 foot portion of the western perimeter where eight feet are required and
to allow no landscape buffer along a 195-foot portion of the northern
perimeter and to allow a five-foot wide landscape buffer along the
eastern perimeter where 15 feet are required on 2.84 acres at 1411
North Eastern Avenue. The Planning Commission and Planning
Department both recommended denial on the project.

Most Recent Change of Ownership


12/09/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A Business License (#C02-00435) was issued for a Car Wash use.
01/14/09
The next required renewal is 12/01/17.
A Business License (#A55-00234) was issued for an Auto Repair
01/14/09
Garage, Minor use. The next required renewal is 06/01/17.
A Business License (#O07-00060) was issued for an Open Air
07/18/11
Vending Use (Taco Cart). The next required renewal is 06/01/17.
Code Enforcement issued Complaint #150534 for unlicensed auto
02/10/15
sales of at least 8 cars on site. The Complaint was closed 03/02/16.
A Temporary Sign Permit (#59384) was issued to allow four banners
two in the landscape strip along Eastern Ave and two on the building
05/21/15
with pennants located around the building from June 1, 2015 through
July 30, 2015.

CS
TMP-69211 [PRJ-69136]
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

Pre-Application Meeting
Staff conducted a pre-application meeting with the applicant where the
02/21/17
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 active auto repair
shop and taco cart in operation. The site was found to have illegal
03/02/17
signage, parked cars listed for sale, graffiti along fences and homeless
individuals taking refuge.

Details of Application Request


Site Area
Net Acres 2.84

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Auto Repair
Garage, Minor
Subject SC (Service C-2 (General
Car Wash, Full
Property Commercial) Commercial)
Service or Auto
Detailing
SC (Service R-3 (Medium Density
Undeveloped
Commercial) Residential)
North Restaurant M (Medium Density
C-1 (Limited
Residential) (up to
Single Family Commercial)
25.49 du/ac)
Residential
SC (Service C-2 (General
Undeveloped
Commercial) Commercial)
South M (Medium Density
R-3 (Medium Density
Auto Parts, Retail Residential) (up to
Residential)
25.49 du/ac)

CS
TMP-69211 [PRJ-69136]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Office, Medical
SC (Service C-2 (General
East Office, Other than
Commercial) Commercial)
listed
M (Medium Density
R-3 (Medium Density
Undeveloped Residential) (up to
Residential)
West 25.49 du/ac)
Single Family SC (Service R-1 (Single Family
Residential Commercial) Residential)

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
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
Eastern Avenue Primary Arterial Streets and 100 Y
Highways
Hinkle Drive Minor Street Title 13 60 Y

CS
TMP-69211



TMP-69211

TMP-69211
7 7 7 7

TMP-69211

TMP-69211

TMP-69211
TMP-69211 [PRJ-69136] - TENTATIVE MAP - APPLICANT/OWNER: 1411 EASTERN, LLC
1409 AND 1411 NORTH EASTERN AVENUE
03/02/17
TMP-69211 [PRJ-69136] - TENTATIVE MAP - APPLICANT/OWNER: 1411 EASTERN, LLC
1409 AND 1411 NORTH EASTERN AVENUE
03/02/17
TMP-69211 [PRJ-69136] - TENTATIVE MAP - APPLICANT/OWNER: 1411 EASTERN, LLC
1409 AND 1411 NORTH EASTERN AVENUE
03/02/17
TMP-69211 [PRJ-69136] - TENTATIVE MAP - APPLICANT/OWNER: 1411 EASTERN, LLC
1409 AND 1411 NORTH EASTERN AVENUE
03/02/17
TMP-69211 [PRJ-69136] - TENTATIVE MAP - APPLICANT/OWNER: 1411 EASTERN, LLC
1409 AND 1411 NORTH EASTERN AVENUE
03/02/17
TMP-69211 [PRJ-69136] - TENTATIVE MAP - APPLICANT/OWNER: 1411 EASTERN, LLC
1409 AND 1411 NORTH EASTERN AVENUE
03/02/17
TMP-69211 [PRJ-69136] - TENTATIVE MAP - APPLICANT/OWNER: 1411 EASTERN, LLC
1409 AND 1411 NORTH EASTERN AVENUE
03/02/17
TMP-69211 [PRJ-69136] - TENTATIVE MAP - APPLICANT/OWNER: 1411 EASTERN, LLC
1409 AND 1411 NORTH EASTERN AVENUE
03/02/17
TMP-69211 [PRJ-69136] - TENTATIVE MAP - APPLICANT/OWNER: 1411 EASTERN, LLC
1409 AND 1411 NORTH EASTERN AVENUE
03/02/17
TMP-69211 [PRJ-69136] - TENTATIVE MAP - APPLICANT/OWNER: 1411 EASTERN, LLC
1409 AND 1411 NORTH EASTERN AVENUE
03/02/17
TMP-69211 [PRJ-69136] - TENTATIVE MAP - APPLICANT/OWNER: 1411 EASTERN, LLC
1409 AND 1411 NORTH EASTERN AVENUE
03/02/17
TMP-69211 [PRJ-69136] - TENTATIVE MAP - APPLICANT/OWNER: 1411 EASTERN, LLC
1409 AND 1411 NORTH EASTERN AVENUE
03/02/17
7
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77 7b77777777 7
7777777

77

A77

77777777777b777A7

77777

77777A777777
7 7 7 7 7 7 7 7 7 7 7 7 A7 7 7 7 7
b7b777777b

7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
777777777777777
77777777777777777
7777777777

7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 7 7 7 7 7 7
777777777777b777

7 7 7 7 7
7777777777777777777 7777 7 7
7777777777777777777 7777 7 77 77
7777777777777777777 7777 7 7 7A7
7777777777777777777 7777 7 7 7777A

77 777 7 7 77
777 7777 777 77
7777777777777777777 777777777 7 7A77 77
77b7777777777
77777777777777777777777777777777777777777777777777777
b77777

TMP-69211
Agenda Item No.: 8.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
TMP-69228 - TENTATIVE MAP - SKYE CANYON PARCEL 2.23B - APPLICANT: NINETY
FIVE MANAGEMENT, LLC - OWNER: SECTION 12, LLC - For possible action on a request
for a Tentative Map FOR A 102-LOT SINGLE-FAMILY SUBDIVISION on 18.90 acres on the
southeast corner of Eagle Canyon Avenue and Shaumber Road (APNs 126-12-410-002 and 003),
T-D (Traditional Development) Zone [Kyle R-CL Single Family Compact Lot District (Medium-
Low Density) Skye Canyon Special Land Use Designation], Ward 6 (Ross) [PRJ-69155]. Staff
recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 5/17/2017


OR MAY BE FINAL ACTION (Unless Appealed Within Seven 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-69228 [PRJ-69155]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: NINETY FIVE MANAGEMENT, LLC - OWNER:
SECTION 12, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
TMP-69228 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 18

NOTICES MAILED N/A

PROTESTS 0

APPROVALS 0

NE
TMP-69228 [PRJ-69155]
Conditions Page One
April 11, 2017 - Planning Commission Meeting

** CONDITIONS **

TMP-69228 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. Tentative Map (TMP-65808) is expunged, effective final approval date of this


application.

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

4. All proposed perimeter and interior walls shall comply with the Kyle R-CL Single
Family Compact Lot district wall standards.

5. All proposed street sections shall comply with the Kyle Canyon Development
Standards and Architectural Design Guidelines.

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. 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.

NE
TMP-69228 [PRJ-69155]
Conditions Page Two
April 11, 2017 - Planning Commission Meeting

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


Subdivision Statutes.

Public Works

9. 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.

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

11. Per Condition of Approval #14 of the Skye Canyon II Parent Tentative Map (TMP-
65803), grant Pedestrian Access Easements for all sidewalks located outside of
the public street right of way by adding a note within the Owners Certificate on
each Final Map to read, A minimum 5-foot wide pedestrian walkway easement is
hereby granted overlying all sidewalks located in common areas abutting public
streets, where such sidewalks are not located within public street right of way,
together with the right of ingress thereto and egress therefrom these easements.

12. All landscaping and private improvements installed with this project shall be
situated and maintained so as to not create sight visibility obstructions for vehicular
traffic at all development access drives and abutting street intersections. Per
Condition of Approval # 19 of the Skye Canyon II Parent Tentative Map (TMP-
65803), landscaping within calculated Site Visibility Restriction Zones (SVRZs) will
be limited in height by the City Traffic Engineer.

13. No structures, and no trees or vegetation taller than three feet, shall be allowed
within any Public Sewer Easements. The public sewer line adjacent to lot 99 must
be in a common lot if part of this subdivision and maintained by the Homeowners
Association (HOA). Construct and maintain a 12-foot wide paved path to access
this sewer line must be provided for and maintained by the Master HOA

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Conditions Page Three
April 11, 2017 - Planning Commission Meeting

14. 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. No parking is allowed on one side of
stub streets where the curb to curb width is 32 feet unless allowed by the Fire
Code.

15. Prior to the release of a Final Map for recordation on this site, the property owner
must contact the Special Improvement District Section of the Department of Public
Works (702-229-2136) and sign a notarized affidavit acknowledging and agreeing
to a per lot assessment of all lots that will be created through a Final Map for this
site. The City shall prepare an apportionment report following recordation of the
Final Map and this apportionment report must be signed by the property owner
prior to the release of any building permits for this site.

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

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.

18. 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

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Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

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.
We note that curved sewers are not allowed and do not comply with City
Standards.

19. Comply with all applicable conditions of approval for the Skye Canyon II Parent
Tentative Map (TMP-65803) and any other site related actions.

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Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The request is for a 102-lot single family residential subdivision on 18.9 acres within the
Skye Canyon Master Plan Area. The map is intended to replace a previously approved
Tentative Map (TMP-65808) that had a substantially different lot configuration.

ISSUES

The Skye Canyon II parent Tentative Map (TMP-65803) was approved on 09/13/16
by the Planning Commission.
This is a 102-lot residential development to be built to Kyle R-CL Single Family
Compact Lot District standards in accordance with the approved Kyle Canyon
Development Standards and Architectural Design Guidelines revised on July 20,
2016. Staff recommends approval of this map request.

ANALYSIS

The subject property is part of the Skye Canyon Master Plan Area, which is governed
by a Development Agreement between the Master Developer and the City of Las
Vegas, as well as the Kyle Canyon Development Standards and Architectural Design
Guidelines originally adopted on October 21, 2011.

The subject site was previously approved for Tentative Map (TMP-65808) on
September 13, 2016, but when the Final Map was submitted for review on January 10,
2017, some of the street configurations had changed and Parcel 2.23C had been added
to the Final Map. This application has been submitted in order for the Tentative Map to
be in conformance with the Final Map submitted for review in January.

The Skye Canyon Land Use Plan designates the subject property as ML (Medium-Low
Density Residential), which allows up to 15 residential units per gross acre with an
average of 8.49 units per acre. The proposed density of 5.40 dwelling units per unit falls
within the maximum allowed. The dwelling units will be constructed to the Skye Canyon
R-CL (Single Family Compact Lot) standard, which calls for a single family detached
product with a minimum lot size of 2,000 square feet. All proposed lot sizes are greater
than 3,900 square feet, which is almost double the district minimums. As this site is part
of a master plan with its own improvement standards, it is not subject to Title 19.04

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Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

street section requirements; however, it must comply with the applicable Skye Canyon
street sections. A Condition of Approval has been added to ensure the correct street
sections are included on the map in accordance with the Skye Canyon Village Street
and Trail Exhibit.

The submitted east/west cross section depicts maximum natural grade greater than two
percent across the site. Per the Skye Canyon Development Standards, retaining walls
with a maximum height of six feet are allowed along the perimeter of the site. Eight-foot
retaining walls are shown on the east/west perimeter sections. A condition of approval
has been added to ensure compliance with the applicable Skye Canyon R-CL (Single
Family Compact Lot) wall standards, including wall step backs if necessary.

A letter dated March 3, 2017 received by the Planning Department from the United
States Postal Service, stated that the United States Postal Service had reviewed the
proposed Tentative Map and had no objections. In addition, the proposed street names
(Skye Quarry Street, Skye Glen Street, Skye Chalet Street, Skye Sweep Street, Berry
Skye Avenue, and Scorched Skye Avenue) were all acceptable.

The perimeter walls proposed do not conform to the approved Skye Canyon
Development Agreement and the approved Kyle Canyon Development Standards and
Architectural Guidelines. If the perimeter walls are not able to comply, a Variance will be
needed.

FINDINGS (TMP-69228)

The proposed Tentative Map conforms to the approved Skye Canyon Development
Agreement, the approved Kyle Canyon Development Standards and Architectural
Guidelines, as well as the minimum requirements set forth by Title 19 for Tentative
Maps. Therefore, staff recommends approval of this application with conditions.

BACKGROUND INFORMATION

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


The City Council approved a Resolution (R-176-2004) adopting
12/01/04
guidelines for development within the Kyle Canyon Gateway area
The City Council approved a request (GPA-9167) to amend a portion
of the Centennial Hills Sector Plan of the General Plan to change land
use designations from PCD (Planned Community Development), SC
01/18/06 (Service Commercial) and PF (Public Facilities) to TND (Traditional
Neighborhood Development) on 1,712 acres generally located north of
Grand Teton Drive, between Puli Road and Fort Apache Road. The
Planning Commission and staff recommended approval.

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Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

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


The City Council approved a request to amend the Master Plan of
Streets and Highways (MSH-21013) to select the Northern Alternative
Freeway/Expressway Alignment for Sheep Mountain Parkway and to
05/16/07
remove the Southern Alternative Freeway/Expressway Alignment from
the Master Plan of Streets and Highways. The Planning Commission
and staff recommended approval.
The City Council approved a Development Agreement (DIR-21605)
between Kyle Acquisition Group, LLC and the city of Las Vegas on
1,712 acres at the southwest corner of Fort Apache Road and
Moccasin Road for the development of the Kyle Canyon Master Plan.
05/16/07
The Planning Commission and staff recommended approval. In a
related item, the City Council voted to approve a Parks Agreement
between Kyle Acquisition Group, LLC and the city of Las Vegas. Staff
recommended approval.
The City Council approved a request for a Rezoning (ZON-20543)
from U (Undeveloped) [TND (Traditional Neighborhood Development)
General Plan Designation] and R-E (Residence Estates) to T-D
(Traditional Development) on 1,712 acres at the southwest corner of
05/16/07
Fort Apache Road and Moccasin Road. The Kyle Canyon
Development Standards and Design Guidelines were approved as part
of this action. The Planning Commission and staff recommended
approval.
The City Council adopted Ordinance No. 5910, thereby adopting the
05/16/07 Development Agreement between Kyle Acquisition Group, LLC and
the city of Las Vegas.
The Development Agreement between Kyle Acquisition Group, LLC
and the City of Las Vegas was recorded in the Office of the County
06/20/07 Recorder. The approved Parks Agreement was recorded together with
the Development Agreement. This is the effective date of the
Development Agreement.
The City Council approved a Major Modification (MOD-22589) of the
Kyle Canyon Development Standards and Design Guidelines to
08/08/07 realign Iron Mountain Road between Hualapai and Grand Canyon
Drive, and to add street cross sections. The Planning Commission and
staff recommended approval
The City Council approved a Petition to Annex (ANX-21949) 15.56
acres generally located on the south side of Kyle Canyon Road,
approximately 1,030 feet east of Shaumber Road; and a Petition to
09/05/07 Annex (ANX-21950) 5.15 acres generally located on the south side of
Kyle Canyon Road, east of Alpine Ridge Way. The Planning
Commission and staff recommended approval. The effective date of
the annexations was 09/14/07.

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TMP-69228 [PRJ-69155]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

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


The City Council approved a request (GPA-20469) to amend the
Centennial Hills Sector Plan of the General Plan to change land use
designations from PCD (Planned Community Development) and SC
(Service Commercial) to TND (Traditional Neighborhood
Development) on 7.27 acres on the west side of Oso Blanca Road,
approximately 2,190 feet south of Kyle Canyon Road. The City Council
09/19/07 also approved a Rezoning (ZON-22351) from U (Undeveloped) [PCD
(Planned Community Development) General Plan Designation], C-1
(Limited Commercial) and C-2 (General Commercial) to TD
(Traditional Development) on the same 7.27 acres. This action also
updated the Kyle Canyon Development Standards and Design
Guidelines. The Planning Commission and staff recommended
approval.
The City Council approved a request (ZON-20475) to establish a
Gaming Enterprise Overlay District on 51.38 acres at the southeast
corner of Hualapai Way and Oso Blanca Road. The City Council also
09/19/07
approved a Special Use Permit (SUP-20478) for a Non-Restricted
Gaming use on this site. The Planning Commission and staff
recommended approval.
The City Council approved a request (MSH-25695) to amend the
Master Plan of Streets and Highways to rename Horse Drive west of
Grand Canyon Drive to Kyle Heights Parkway; to realign a portion of
the Iron Mountain Road alignment between Horse Drive and the
Northern Beltway; to reclassify various streets as identified by the
special design designations adopted as part of the Kyle Canyon
Development Standards and Design Guidelines; and to add or remove
02/06/08 various roadway segments. The Planning Commission and staff
recommended approval. The City Council also approved a Major
Modification (MOD-25875) of the Kyle Canyon Development
Standards and Design Guidelines to amend various street names and
to clarify street cross section drawings within the Community. A
subsequent Street Name Change application will be required prior to
issuance of the first residential permit in the Community. The Planning
Commission and staff recommended approval.
The City Council tabled a Petition to Vacate a BLM right-of-way grant
generally located north of Grand Teton Drive, south of Moccasin Road,
between Puli Road and Fort Apache Road (VAC-23811). The area to
be vacated was the original alignment of Sheep Mountain Parkway.
02/06/08 The Planning Commission and staff had recommended approval. The
Petition cannot record until Section 1 Land, Providence Land, and
On-Property Land are dedicated to the city for creation of the right-of-
way for the northern alignment of Sheep Mountain Parkway, pursuant
to Subsection 7.05(a)(v) of the Development Agreement.

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Staff Report Page Five
April 11, 2017 - Planning Commission Meeting

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


The City Council approved a required review (DIR-28767) of a
development report pursuant to Subsection 9.01 of the Kyle Canyon
08/06/08
Development Agreement. Staff recommended approval. A condition of
approval required a follow-up review on 10/01/08.
Wachovia Bank, National Association, acting as the managing creditor
of 41 creditors, foreclosed on the Kyle Canyon property. A new entity
09/23/08
called KAG Property, LLC was formed to assume ownership of the
Kyle Canyon property.
The City Council approved a follow-up required review (DIR-29916) of
a development report pursuant to Subsection 9.01 of the Kyle Canyon
12/03/08 Development Agreement between the city of Las Vegas and Kyle
Acquisition Group, LLC (abeyed from 10/01/08). Staff recommended
approval.
Notice of Noncompliance and Opportunity to Cure was sent to KAG
02/02/09 Property, LLC for failure to commence construction of Indian Hills Park
prior to 09/13/08.
The City Council approved the required review (DIR-34955) of a
08/05/09 development report pursuant to Subsection 9.01 of the Kyle Canyon
Development Agreement. Staff recommended approval.
The City Council approved an Extension of Time (EOT-35315) of a
previously approved Special Use Permit (SUP-20478) for a proposed
09/02/09
Non-Restricted Gaming Facility at the southwest corner of Oso Blanca
Road and Hualapai Way alignment. Staff recommended approval.
The Master Developer presented to the city a summary report from
Hart Howerton Strategic Planning Consultants outlining a strategic
10/02/09
plan and recommendations for development of the Kyle Canyon
property.
The City Council approved a required review (DIR-38680) of a
08/04/10 development report pursuant to Subsection 9.01 of the Kyle Canyon
Development Agreement. Staff recommended approval.
The City Council approved a request or possible action on a request
for required review (DIR-42369) of a development report as required
08/17/11 by Subsection 9.01 of that certain Development Agreement between
the city of Las Vegas and Kyle Acquisition Group, LLC dated August 8,
2007. Staff recommended approval.
The City Council approved an Extension of Time (EOT-43127) of a
previously approved Special Use Permit (SUP-20478) for a proposed
10/19/11
Non-Restricted Gaming Facility at the southwest corner of Oso Blanca
Road and Hualapai Way alignment. Staff recommended approval.

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TMP-69228 [PRJ-69155]
Staff Report Page Six
April 11, 2017 - Planning Commission Meeting

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


The City Council approved a request to Amend the Master Plan of
Streets and Highways (GPA-41958) to realign Sheep Mountain
11/16/11 Parkway between Grand Teton Drive and Fort Apache Road and
delete master planned roadways within the Kyle Canyon master plan
area. Planning Commission and staff recommended approval.
The City Council approved a request for a Petition to Vacate (VAC-
11/16/11 42250) portions of the Sheep Mountain Parkway right-of-way grant.
Planning Commission and staff recommended approval.
The City Council approved a request regarding the amending of the
Development Agreement (DIR-42266) for the Kyle Canyon
Development on approximately 1,662 acres at the southwest corner of
11/16/11
Fort Apache Road and Moccasin Road. Planning Commission and
staff recommended approval. The Development Agreement (Doc.
#201206260000001) was recorded on 06/26/12.
The Planning Commission approved a Tentative Map (TMP-53058) for
a 45- lot subdivision (Parent Tentative Map) on 1,661.8 acres
04/08/14
approximately 1,800 feet north of Horse Drive on the west side of Oso
Blanca Road. Staff recommended approval.
City staff issued an action letter for a Final Map Technical Review
(FMP- 53700) for a proposed four-pod residential subdivision (Skye
05/08/14
Canyon Phase 1 Parent Map) on 163.65 acres at the northwest corner
of Grand Teton Drive and Grand Canyon Drive.
The Planning Commission approved a Petition to Vacate (VAC-53843)
Bureau of Land Management Right-of-Way Grant Easement generally
06/10/14
located north of the northern alignment of Grand Teton Drive between
Hualapai Way and Grand Canyon Drive. Staff recommended approval.
The Planning Commission approved a Tentative Map (TMP-53895) for
a 173-lot single-family subdivision (Skye Canyon Parcel 1.2) on 37.99
06/10/14
acres on the southwest corner of Horse Drive and Grand Canyon
Drive. Staff recommended approval.
The Planning Commission approved a Tentative Map (TMP-53908) for
a 209-lot single-family subdivision (Skye Canyon Parcel 1.3) on 40.90
06/10/14
acres on the northeast corner of Grand Teton Drive and Hualapai
Way. Staff recommended approval.
The Planning Commission approved a Tentative Map (TMP-53911) for
a 204-lot single-family subdivision (Skye Canyon Parcel 1.4) on 33.61
06/10/14
acres on the northwest corner of Grand Teton Drive and Grand
Canyon Drive. Staff recommended approval.
The Planning Commission approved a Tentative Map (TMP-53897) for
a 157-lot single-family subdivision (Skye Canyon Parcel 1.1) on 35.28
07/08/14
acres on the southeast corner of Horse Drive and Hualapai Way. Staff
recommended approval.

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Staff Report Page Seven
April 11, 2017 - Planning Commission Meeting

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


The City Council approved a request or possible action on a request
for required review (DIR-54776) of a development report as required
08/06/14 by Subsection 9.01 of that certain Development Agreement between
the city of Las Vegas and Kyle Acquisition Group, LLC dated August 8,
2007. Staff recommended approval.
The City Council approved an Extension of Time (EOT-55920) of a
previously approved Special Use Permit (SUP-20478) for a proposed
11/05/14
Non-Restricted Gaming Facility at the southwest corner of Oso Blanca
Road and Hualapai Way alignment. Staff recommended approval.
The Planning Commission approve a Petition to Vacate (VAC-56656)
a four-foot wide pedestrian access easement generally located
12/09/14
approximately 1,461 feet east of the intersection of Hualapai Way and
Eagle Canyon Avenue. Staff recommended approval.
City staff issued an action letter for a Final Map Technical Review
(FMP- 56855) for a 125-lot single-family residential subdivision (Skye
12/10/14 Canyon Parcel 1.3 Phase 1) on 25.49 acres on the north side of
Grand Teton Drive, approximately 1,210 feet west of Grand Canyon
Drive. The map recorded on 02/11/15 (Book 148, Page 67).
City staff issued an action letter for a Final Map Technical Review
(FMP- 56863) for a 94-lot single-family residential subdivision (Skye
12/10/14 Canyon Parcel 1.1 Phase 1) on 19.85 acres at the southwest corner
of Horse Drive and Skye Park Drive. The map recorded on 02/11/15
(Book 148, Page 65).
City staff issued an action letter for a Final Map Technical Review
(FMP- 57264) for an 84-lot single-family residential subdivision (Skye
01/06/15
Canyon Parcel 1.3 Phase 2) on 15.41 acres at the northeast corner
of Grand Teton Drive and Hualapai Way. The map has yet to record.
City staff issued an action letter for a Final Map Technical Review
(FMP- 57265) for a 71-lot single-family residential subdivision (Skye
01/07/15
Canyon Parcel 1.1 Phase 2) on 15.43 acres at the southeast corner
of Horse Drive and Hualapai Way. The map recorded on 8/17/15
The City Council approved a Variance (VAR-55892) to allow
deviations from the Street Naming Guidelines and Street Naming
Configuration sections of the City of Las Vegas Street Naming and
Addressing Assignment Regulations, 2009 Edition on Horse Drive
01/21/15
between the US 95 and Iron Mountain Road, Fort Apache Road
between the US 95 and Moccasin Road, as well as on Hualapai Way
from Grand Teton Drive to Moccasin Road, respectively. The Planning
Commission and staff recommended approval.

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Staff Report Page Eight
April 11, 2017 - Planning Commission Meeting

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


The City Council approved a request a Street Name Change (SNC-
55060) from Horse Drive tot: W Skye Canyon Park Dr (between the
US 95 and Iron Mountain Road); from Fort Apache Road to N Skye
01/21/15 Canyon Park Dr (between the US 95 and Moccasin Road); and from
Hualapai Way to Skye Village Road (between Grand Teton Drive and
Moccasin Road). The Planning Commission and staff recommended
approval.
City staff issued an action letter for a Final Map Technical Review
(FMP- 57784) for a 204-lot single-family residential subdivision (Skye
02/18/15 Canyon Parcel 1.4 Phase 2) on 33.61 acres on the northwest corner
of Grand Teton Drive and Grand Canyon Drive. The map recorded on
06/02/15.
The City Council approved a General Plan Amendment (GPA- 56951)
to amend the Public Facilities & Building Element of the Las Vegas
03/18/15 2020 Master Plan. This amendment eliminates e the Nevada Energy
Substation and associate corridor within the Kyle Canyon Master
Planned Community
The City Council approved a Directors Business Item (DIR-57816) for
04/15/15 the 2nd amendment to the Kyle Canyon Development agreement. The
Planning Commission and Staff recommended approval on 03/10/15.
Department of Planning staff approved an administrative site plan
05/04/15 (SDR-58930) for a conceptual review of Skye Canyon parks 1.5, 1.6,
and 2.13.
The Planning Commission approved a Parent Tentative Map (TMP-
58560) for a proposed 66-lot mixed use subdivision at the northeast
05/12/15
corner of Grand Teton Drive and Puli Drive. Staff had recommended
approval.
The City Council approved a Directors Business Item (DIR-59826)
regarding the adoption of a parks agreement accompanying the 2 nd
07/15/15
amendment to the Sky Canyon development agreement. Staff and the
Planning Commission had recommend approval.
The Planning Commission approved a Special Use Permit (SUP-
60399) to allow a Liquor Establishment (Tavern) within a community
09/08/15
recreational facility at the southwest corner of West Skye Canyon Park
Dr. and Skye Village Road. Staff had recommend approval.
The City Council approved a Major Modification (MOD-62679) to the
Kyle Canyon Development Standards to amend the Blended Use
03/16/16
Design Guidelines. Staff and the Planning Commission had
recommended approval.

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Staff Report Page Nine
April 11, 2017 - Planning Commission Meeting

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


The Planning Commission approved a Site Development Plan review
for a 265,108 square-foot shopping center at the northeast corner of
05/10/16
Skye Park Drive and West Skye Canyon Park Drive. Staff had
recommended approval.
The City Council approved a Directors Business Item (DIR-63962) for
07/20/16 the 3rd amendment to the Kyle Canyon Development agreement. The
Planning Commission and Staff recommended approval on 06/14/16.
The City Council approved a Directors Business Item (DIR-65021)
regarding the adoption of a parks agreement accompanying the 3 rd
07/20/16
amendment to the Sky Canyon development agreement. Staff had
recommend approval.
The Planning Commission approved a request for a Tentative Map
(TMP-65803) for an 86-lot Mixed Use subdivision on 1,502 acres at
the northeast corner of Grand Teton Drive and Puli Drive.
09/13/16
The Planning Commission approved a request for a Tentative Map
(TMP-65808) for a 102-lot single family subdivision on 16.81 acres on
the southeast corner of Eagle Canyon Avenue and Shaumber Road.

Most Recent Change of Ownership


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

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
02/21/17
requirements for a Tentative Map were discussed.

Field Check
Staff conducted a routine field check where the subject site was
03/02/17 observed. This is an undeveloped portion of the Skye Canyon Master
Plan.

Details of Application Request


Site Area
Gross Acres 18.9

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Staff Report Page Ten
April 11, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
TND (Traditional
Subject T-D (Traditional
Undeveloped Neighborhood
Property Development)
Development)
TND (Traditional
T-D (Traditional
North Undeveloped Neighborhood
Development)
Development)
TND (Traditional
T-D (Traditional
South Undeveloped Neighborhood
Development)
Development)
TND (Traditional
T-D (Traditional
East Undeveloped Neighborhood
Development)
Development)
TND (Traditional
T-D (Traditional
West Undeveloped Neighborhood
Development)
Development)

Master Plan Areas Compliance


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

Connectivity
Kyle Canyon Development Standards
# Links # Nodes
and Architectural Design Guidelines
Internal Street 11 9
Intersection Internal N/A
Cul-de-sac Terminus 2 2
Intersection External Street or Stub Terminus N/A
Intersection Stub Terminus w/ Temporary Turn Around
N/A
Easements
Non-Vehicular Path - Unrestricted N/A
Total 13 11
Provided
Connectivity Ratio (Links / Nodes): 1.18

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TMP-69228



TMP-69228

TMP-69228

TMP-69228

TMP-69228

TMP-69228

TMP-69228

TMP-69228

TMP-69228

TMP-69228

TMP-69228

TMP-69228
TMP-69228 [PRJ-69155] - TENTATIVE MAP - APPLICANT: NINETY FIVE MANAGEMENT, LLC - OWNER: SECTION
12, LLC
SOUTHEAST CORNER OF EAGLE CANYON AVENUE AND SHAUMBER ROAD
03/02/17
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TMP-69228
Agenda Item No.: 9.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
EOT-68795 - EXTENSION OF TIME - SPECIAL USE PERMIT - APPLICANT: JURY ROOM
BAR - OWNER: OAK BROOK REALTY INVESTMENTS II, LLC - For possible action on a
request for an Extension of Time of an approved Special Use Permit (SUP-57034) FOR A
PROPOSED 614 SQUARE-FOOT TAVERN-LIMITED ESTABLISHMENT USE within a
portion of 321 South Casino Center Boulevard (APN 139-34-201-020), C-2 (General
Commercial) Zone, Ward 3 (Coffin). Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 5/17/2017


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. Planning Commission Action Letter for SUP-57034 [PRJ-56959]
EOT-68795

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: JURY ROOM BAR - OWNER: OAK BROOK
REALTY INVESTMENTS II, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
EOT-68795 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 28

NOTICES MAILED N/A

APPROVALS

PROTESTS

** CONDITIONS **

EOT-68795 CONDITIONS
Planning

1. This Special Use Permit (SUP-57034) shall expire on February 10, 2019 unless
another Extension of Time is approved by the Planning Commission.

2. Conformance to the conditions of approval of the Special Use Permit (SUP-57034)


and all other site related actions as required by the Department of Planning and
Department of Public Works.

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EOT-68795
Staff Report Page One
April 11, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a two-year Extension of Time of an approved Special Use Permit
(SUP-57034) for a proposed 614 square-foot Tavern-Limited Establishment use at 321
South Casino Center Boulevard.

ISSUES

This is the first request for an Extension of Time for Special Use Permit (SUP-
57034).
An application for an Extension of Time was received on January 30, 2017.
The subject site is zoned C-2 (General Commercial) and is located within the Office
Core District of the Downtown Centennial Plan.

ANALYSIS

On February 10, 2015 the Planning Commission approved Special Use Permit (SUP-
57034) for a proposed Tavern-Limited Establishment use at 321 South Casino Center
Boulevard. Condition of Approval Number Two (2) states, 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. Special Use Permit (SUP-57034) will expire on February 10, 2017.

Title 19.16.110 of the Unified Development Code deems a Special Use Permit
exercised upon the issuance of a business license. A business license was not issued
prior to February 10, 2017 and the Special Use Permit will expire on February 10, 2017
unless extended by approval of this request.

The purpose of an Extension of Time is to provide a mechanism for extending the


approval period of an approved application with time limitations imposed by the City
Council or Planning Commission. The application for an extension shall be made to the
Planning Commission or City Council, whichever body took final action to approve the
Special Use Permit. In this instance, the Planning Commission took final action, and set
a time limitation of two years.

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EOT-68795
Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

As stated in the justification letter, the applicant delayed construction of the proposed
project until there were more occupied businesses in the building and Downtown area to
ensure a successful on-going business. The applicant is ready to submit a building
permit application and is requesting an additional two years in order to do so.

FINDINGS (EOT-64112)

The Special Use Permit (SUP-53471) has not been exercised in accordance with the
requirements of Title 19.16, as a business license has not been issued for the Tavern-
Limited Establishment use. Staff is recommending approval of this Extension of Time
request with a two-year time limit, as the Tavern-Limited Establishment use can still
actively contribute to the pedestrian interest sought after in the Downtown Centennial
Plan.

BACKGROUND INFORMATION

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


The Board of City Commissioners approved a request for Rezoning (Z-
0159-62) from C-1 (Limited Commercial) to C-2 (General Commercial)
01/24/63
of property generally located on the east side of 2nd Street between
Bridger Avenue and Lewis Avenue.
The City Council approved a request for a Site Development Plan
Review (SDR-1298) and a Waiver of the Downtown Centennial Plans
building setback standards for a proposed eight-level parking garage
02/19/03
with ground level retail (17,959 square feet) on 0.56 acres adjacent to
the northeast corner of Lewis Avenue and Casino Center Boulevard.
The Planning Commission and staff recommended approval.
The City Council approved a request for an Extension of Time (EOT-
5631) of a previously approved Site Development Plan Review (SDR-
01/05/05 1298) for a proposed eight-level parking garage with ground level retail
(17,959 square feet) on 0.56 acres adjacent to the northeast corner of
Lewis Avenue and Casino Center Boulevard.
The City Council approved a request for a Special Use Permit (SUP-
18695) for a proposed Bailbond Service at the northeast corner of
02/21/07
Casino Center Boulevard and Lewis Avenue. The Planning
Commission and staff recommended approval.
The City Council approved a request for a Special Use Permit (SUP-
03/21/07 19105) for a Bailbond Service at 321 South Casino Center Boulevard.
The Planning Commission and staff recommended approval.

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EOT-68795
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

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


The City Council approved a request for an Extension of Time (EOT-
27576) of a previously approved Special Use Permit (SUP-19105) for
05/07/08
a Bailbond Service at 321 South Casino Center Boulevard. Staff
recommended approval.
The City Council approved a request for a Special Use Permit (SUP-
36551) for a proposed 1,079 square-foot Bailbond Service at 321
South Casino Center Boulevard, Suite #105. The Planning
Commission and staff recommended approval.
01/20/10
The City Council approved a request for a Special Use Permit (SUP-
36552) for a proposed 1,624 square-foot Bailbond Service at 321
South Casino Center Boulevard, Suites #110 and #115. The Planning
Commission and staff recommended approval.
The City Council approved a request for an Extension of Time (EOT-
40578) of a previously approved Special Use Permit (SUP-36552) for
a proposed 1,624 square-foot Bailbond Service at 321 South Casino
Center Boulevard, Suites #110 and #115. Staff recommended
02/02/11 approval.
The City Council approved a request for an Extension of Time (EOT-
40580) of a previously approved Special Use permit (SUP-36551) for a
proposed 1,079 square-foot Bailbond Service at 321 South Casino
Center Boulevard, Suite #105. Staff recommended approval.
The City Council approved a request for an Extension of Time (EOT-
44384) of a previously approved Special Use Permit (SUP-36552) for
a proposed 1,624 square-foot Bailbond Service at 321 South Casino
Center Boulevard, Suites #110 and #115. Staff recommended
03/07/12 approval.
The City Council approved a request for an Extension of Time (EOT-
44386) of a previously approved Special Use permit (SUP-36551) for a
proposed 1,079 square-foot Bailbond Service at 321 South Casino
Center Boulevard, Suite #105. Staff recommended approval.
The City Council approved a request for a Variance (VAR-43723) to
allow ten 210 square-foot projecting signs on an existing building
03/21/12 where eight signs with a maximum area of 32 square feet per sign are
allowed at 321 South Casino Center Boulevard. The Planning
Commission and staff recommended denial.
The City Council approved a request for an Extension of Time (EOT-
48078) of a previously approved Special Use permit (SUP-36551) for a
03/06/13
proposed 1,079 square-foot Bailbond Service at 321 South Casino
Center Boulevard, Suite #105. Staff recommended approval.

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EOT-68795
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

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


The City Council approved a request for an Extension of Time (EOT-
48079) of a previously approved Special Use permit (SUP-36552) for a
proposed 1,624 square-foot Bailbond Service at 321 South Casino
Center Boulevard, Suite #110 & #115. Staff recommended approval.
The Planning Commission approved a request for a Special Use
07/08/14 Permit (SUP-54000) for a proposed Bailbond Service use at 321 South
Casino Center Boulevard, Suite #115. Staff recommended approval.
The Planning Commission approved a request for a Special Use
Permit (SUP-57034) for a proposed Tavern-Limited Establishment use
02/10/15
within a portion of 321 South Casino Center Boulevard. Staff
recommended approval.

Most Recent Change of Ownership


01/24/08 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#5002805) was issued for on-sites and hardscapes
at 312 South Casino Center Boulevard. The permit expired on
08/18/07.
05/03/05
A building permit (#5002804) was issued for a parking structure at 312
South Casino Center Boulevard. The permit received its final
inspection on 07/10/07.
A building permit (#137768) was issued for a tenant improvement for a
common corridor and restroom at 321 South Casino Center Boulevard.
The permit expired on 11/23/11.
10/09/09
A building permit (#145897) was issued for a tenant improvement for
exterior handicap access and a balcony at 321 South Casino Center
Boulevard, Suite 125. The permit expired on 04/09/10.
A building permit (#162660) was issued for flatwork to meet
05/26/10 accessibility requirements at 321 South Casino Center Boulevard. The
permit received its final inspection on 07/28/11.
A Plan Check review (#38915) was approved for a tenant
07/29/10 improvement of the common area at 321 South Casino Center
Boulevard. The permit remains open.
Code Enforcement processed a complaint (#97640) for a water leak at
01/27/11 321 South Casino Center Boulevard. The case was resolved on
02/07/11.

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EOT-68795
Staff Report Page Five
April 11, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


A building permit (#167725) was issued for a tenant improvement
02/08/11 build-out of the common areas at 321 South Casino Center Boulevard.
The permit remains open.
A building permit (#229570) was issued to rebuild a masonry wall that
06/03/13 was demolished in order to install a grease interceptor at 321 South
Casino Center Boulevard. The permit expired on 09/19/14.
Business Licensing Enforcement (#132207) processed a claim for an
unlicensed management company at 321 South Casino Center
08/15/13
Boulevard. A business license application was received on 09/12/13
and the case was closed.
Code Enforcement processed a complaint (#136379) for an A-Frame
12/22/13 sign at 321 South Casino Center Boulevard, Suite #105. The case was
resolved on 01/13/14.
Code Enforcement processed a complaint (#136423) for a non-
permitted temporary sign at 321 South Casino Center Boulevard, Suite
#100. The case was resolved on 01/13/14.
Code Enforcement processed a complaint (#136424) for a non-
12/23/13 permitted temporary sign at 321 South Casino Center Boulevard. The
case was resolved on 01/13/14.
Code Enforcement processed a complaint (#136425) for a non-
permitted temporary sign at 321 South Casino Center Boulevard. The
case was resolved on 01/13/14.
Code Enforcement processed a complaint (#162911) for a non-
permitted temporary sign at 321 South Casino Center Boulevard, Suite
#117. The case was resolved on 02/16/16.
Code Enforcement processed a complaint (#162913) for a non-
permitted temporary sign at 321 South Casino Center Boulevard, Suite
#120. The case was resolved on 02/16/16.
01/27/16
Code Enforcement processed a complaint (#162912) for a non-
permitted temporary sign at 321 South Casino Center Boulevard, Suite
#125. The case was resolved on 02/16/16.
Code Enforcement processed a complaint (#162913) for a non-
permitted temporary sign at 321 South Casino Center Boulevard. The
case was resolved on 02/16/16.
Code Enforcement processed a complaint (#164472) for exposed
03/16/16 rebar at 321 South Casino Center Boulevard. The case was resolved
on 03/29/16.
Code Enforcement processed a complaint (#165321) for construction
04/07/16 occurring without a permit at 321 South Casino Center Boulevard. The
case was resolved on 03/29/16.

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EOT-68795
Staff Report Page Six
April 11, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


Code Enforcement processed a complaint (#174598) for unsecured
02/09/17 trash at 321 South Casino Center Boulevard. The case was resolved
on 03/01/17.

Pre-Application Meeting
A pre-application meeting is not required, nor was one held.

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

Field Check
During a routine field check, staff observed the subject site. Nothing of
03/02/17
concern was noted by staff.

Details of Application Request


Site Area
Net Acres 0.56

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Bailbond Service
Parking Facility
Subject C-2 (General
Restaurant C (Commercial)
Property Commercial)
Office, Other than
Listed
Church/ House of C-2 (General
North C (Commercial)
Worship Commercial)
Government
South PF (Public Facilities) C-V (Civic)
Facility
Office, Other than
Listed C-2 (General
East C (Commercial)
Wedding Chapel Commercial)
Restaurant
Government
West PF (Public Facilities) C-V (Civic)
Facility

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EOT-68795
Staff Report Page Seven
April 11, 2017 - Planning Commission Meeting

Master Plan Areas Compliance


Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay District (Office Core) Y
A-O (Airport Overlay) District (200 Feet) Y
Live/Work Overlay District Y
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

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Casino Center
Major Collector Street and 80 Feet Y
Boulevard
Highways
Master Plan of
Lewis Avenue Local Street Street and 80 Feet Y
Highways

NE
EOT-68795 - EXTENSION OF TIME - SPECIAL USE PERMIT - APPLICANT: JURY ROOM BAR - OWNER: OAK
BROOK REALTY INVESTMENTS II, LLC
321 SOUTH CASINO CENTER BOULEVARD
03/02/17
EOT-68795 - EXTENSION OF TIME - SPECIAL USE PERMIT - APPLICANT: JURY ROOM BAR - OWNER: OAK
BROOK REALTY INVESTMENTS II, LLC
321 SOUTH CASINO CENTER BOULEVARD
03/02/17
EOT-68795 - EXTENSION OF TIME - SPECIAL USE PERMIT - APPLICANT: JURY ROOM BAR - OWNER: OAK
BROOK REALTY INVESTMENTS II, LLC
321 SOUTH CASINO CENTER BOULEVARD
03/02/17
EOT-68795 - EXTENSION OF TIME - SPECIAL USE PERMIT - APPLICANT: JURY ROOM BAR - OWNER: OAK
BROOK REALTY INVESTMENTS II, LLC
321 SOUTH CASINO CENTER BOULEVARD
03/02/17
EOT-68795 - EXTENSION OF TIME - SPECIAL USE PERMIT - APPLICANT: JURY ROOM BAR - OWNER: OAK
BROOK REALTY INVESTMENTS II, LLC
321 SOUTH CASINO CENTER BOULEVARD
03/02/17
EOT-68795 - EXTENSION OF TIME - SPECIAL USE PERMIT - APPLICANT: JURY ROOM BAR - OWNER: OAK
BROOK REALTY INVESTMENTS II, LLC
321 SOUTH CASINO CENTER BOULEVARD
03/02/17
EOT-68795 - EXTENSION OF TIME - SPECIAL USE PERMIT - APPLICANT: JURY ROOM BAR - OWNER: OAK
BROOK REALTY INVESTMENTS II, LLC
321 SOUTH CASINO CENTER BOULEVARD
03/02/17
Agenda Item No.: 10.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
GPA-68787 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT:
CLARK COUNTY SCHOOL DISTRICT - OWNER: USA - For possible action on a request for
a General Plan Amendment FROM: PR-OS (PARKS/RECREATION/OPEN SPACE) TO: PF
(PUBLIC FACILITIES) on 14.92 acres at the northwest corner of Farm Road and Jensen Street
(APN 125-18-201-015), Ward 6 (Ross) [PRJ-68779]. Staff recommends APPROVAL.

C.C.: 5/17/2017

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-68787, ZPM-68788 and SDR-68790 [PRJ-68779]
3. Supporting Documentation - GPA-68787, ZPM-68788 and SDR-68790 [PRJ-68779]
4. Photo(s) - GPA-68787, ZPM-68788 and SDR-68790 [PRJ-68779]
5. Justification Letter - GPA-68787, ZPM-68788 and SDR-68790 [PRJ-68779]
GPA-68787, ZON-68788 and SDR-68790 [PRJ-68779]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: CLARK COUNTY SCHOOL DISTRICT -
OWNER: USA

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
GPA-68787 Staff recommends APPROVAL.
ZON-68788 Staff recommends APPROVAL. GPA-68787
SDR-68790 Staff recommends APPROVAL, subject to conditions: GPA-68787
ZON-68788

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 53

NOTICES MAILED 596 - GPA-68787 and ZON-68788


596 - SDR-68790

PROTESTS 0 - GPA-68787 and ZON-68788


0 - SDR-68790

APPROVALS 0 - GPA-68787 and ZON-68788


0 - SDR-68790

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GPA-68787, ZON-68788 and SDR-68790 [PRJ-68779]
Conditions Page One
April 11, 2017 - Planning Commission Meeting

** CONDITIONS **

SDR-68790 CONDITIONS

Planning

1. Approval of General Plan Amendment (GPA-68787) and Rezoning (ZON-68788)


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 02/16/17, except as amended by conditions
herein.

4. Trash enclosures shall be constructed in accordance with Title 19.08 and shall be
located a minimum of 50 feet from any property line of a protected property.

5. Handicap parking stalls shall be installed in accordance with Title 19.08 for
Handicapped Parking Design Standards.

6. Mechanical Equipment shall be screened in accordance with Title 19.08.040(E)(4).

7. A Waiver from Title 19.08 is hereby approved, to allow a 10-foot landscape buffer
along a portion of the east property line where 15 feet is required.

8. An Exception from Title 19.08 is hereby approved, to allow three parking lot trees
where 47 are required.

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

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

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GPA-68787, ZON-68788 and SDR-68790 [PRJ-68779]
Conditions Page Two
April 11, 2017 - Planning Commission Meeting

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


Landscape Architect, Residential Designer or Civil Engineer, must be submitted
prior to or at the same time application is made for a building permit. A permanent
underground sprinkler system is required, and shall be permanently maintained in
a satisfactory manner; the landscape plan shall include irrigation specifications.
Installed landscaping shall not impede visibility of any traffic control device. The
technical landscape plan shall include the following changes from the conceptual
landscape plan: Landscape materials shall be in accordance with the Grand Teton
Village Plant Palette.

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

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

Public Works

14. Construct all incomplete half-street improvements on Farm Road, Jensen Street,
Donald Nelson Avenue and Topaz Creek Street meeting current City Standards
adjacent to this site concurrent with development of this site.

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

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

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GPA-68787, ZON-68788 and SDR-68790 [PRJ-68779]
Conditions Page Three
April 11, 2017 - Planning Commission Meeting

18. A Traffic Impact Analysis must be submitted to and approved by the Department of
Public Works prior to the issuance of any building or grading permits, submittal of
any construction drawings or the recordation of a Map subdividing this site,
whichever may occur first. Comply with the recommendations of the approved
Traffic Impact Analysis prior to occupancy of the site. The Traffic Impact Analysis
shall also include a section addressing Standard Drawings #234.1 #234.2 and
#234.3 to determine additional right-of-way requirements for bus turnouts adjacent
to this site, if any; dedicate all areas recommended by the approved Traffic Impact
Analysis. All additional rights of way required by Standard Drawing #201.1 for
exclusive right turn lanes and dual left turn lanes shall be dedicated prior to or
concurrent with the commencement of on site development activities unless
specifically noted as not required in the approved Traffic Impact Analysis. Phased
compliance will be allowed if recommended by the approved Traffic Impact
Analysis. No recommendation of the approved Traffic Impact Analysis, nor
compliance therewith, shall be deemed to modify or eliminate any condition of
approval imposed by the Planning Commission or the City Council on the
development of this site.

19. A Drainage Plan and Technical Drainage Study must be submitted to and
approved by the Department of Public Works prior to the issuance of any building
or grading permits, 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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GPA-68787, ZON-68788 and SDR-68790 [PRJ-68779]
Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Site Development Plan Review for a proposed 93,473 square-
foot, two-story Elementary School on 14.92 acres at the northwest corner of Farm Road
and Jensen Street.

ISSUES

The applicant has requested to amend a portion of the Centennial Hills Sector Plan
of the General Plan from PR-OS (Parks/Recreation/Open Space) to PF (Public
Facilities).
A Rezoning has been requested request from U (Undeveloped) [PR-OS
(Parks/Recreation/Open Space) General Plan Designation] to C-V (Civic).
The proposed General Plan Amendment request must be approved in order for the
requested Rezoning and Site Development Plan Review to be approved.
The U (Undeveloped) zoning district is a temporary classification and is used as a
holding zone until property is ready for development.
The subject site is located within the Master Plan area of Grand Teton Village.
Chain link fencing is proposed in lieu of a solid block wall or wrought iron fencing.
An Exception is requested for a reduction in the number of required parking lot trees.
Staff supports this request.
A Waiver is requested for a reduction of a portion of the eastern landscape buffer.
Staff supports this request.
The proposed buildings are not at the minimum setback line.

ANALYSIS

The subject site is currently designated PR-OS (Parks/Recreation/Open Space), which


allows large public parks and recreation areas. In order to bring the subject site into
compliance with the Grand Teton Village Master Development Plan, the applicant has
requested a General Plan Amendment to amend a portion of the Northwest Sector Plan
of the General Plan from PR-OS (Parks/Recreation/Open Space) to PF (Public
Facilities) as required by the Grand Teton Village Master Development Plan. Staff
supports this request.

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GPA-68787, ZON-68788 and SDR-68790 [PRJ-68779]
Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

Currently, the subject site is zoned U (Undeveloped) [PR-OS (Parks/Recreation/Open


Space) General Plan Designation]. The U (Undeveloped) zoning district functions as a
temporary classification to be used until property is ready for development. In
accordance with the proposed PF (Public Facilities) General Plan Designation
proposed, the applicant is proposing to rezone the subject site to C-V (Civic). The
purpose of the C-V District is to provide for the continuation of existing public and quasi-
public uses and for the development of new schools, libraries, public parks, public flood
control facilities, police, fire, electrical transmission facilities, Water District and other
public utility facilities.
The C-V (Civic) zoning district allows the minimum development standards to be
established by the developer through a Site Development Plan Review. If approved, this
Site Development Plan Review will establish the minimum development requirements
for the proposed elementary school.

The applicant has proposed a new elementary school prototype for this site. This new
prototype includes classrooms designed for all-day kindergarten, an outdoor classroom
area to educate children on the benefits of solar power and how their school building
harnesses that energy, and expanded drop-off and pick-up lanes for both parents and
school buses, as well as a larger parking lot to provide adequate parking spaces for
both employees and parents to park.

The elementary school campus consists of two buildings, one single-story, and a two-
story structure. The single story structure directly adjacent to the front parking lot area
will house the administrative offices, a multipurpose room, kitchen, and classrooms for
the Pre-K and Kindergarten school age children. This allows parents the ability to park
in the parking lot and escort their children to and from their classrooms. The two-story
structure, directly south of the single-story structure, is primarily classrooms which are
connected to the single-story structure by an outdoor courtyard area that will also serve
as an educational area for the students.

The proposed elementary school has a total of 93,473 square feet that accommodates
59 classrooms. Due to the unpredictability of student enrollment from year-to-year, the
site plan has provided space for four portable classrooms in the southwest corner of the
site if enrollment exceeds available classrooms space.

The outdoor play areas consist of a dedicated Pre-K and Kindergarten turf play area
and playground with equipment to the east of the site. There is a second playground
with equipment and basketball courts in the southeast corner of the site adjacent to a
large turf play area with a dugout for baseball. Various shade structures are proposed
throughout the site to shade the play equipment and children from the sun.

NE
GPA-68787, ZON-68788 and SDR-68790 [PRJ-68779]
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

The applicant is proposing chain link fencing in lieu of wrought iron and/or solid block
walls. As explained to Planning staff by the applicant, elementary school age children
have a tendency to run into the fencing especially around the playground areas as a
stopping mechanism. Using chain link around the playground areas is safer than
wrought iron for the students. Additionally, the applicant intentionally avoids using solid
block walls for security reasons. Chain link fencing allows the School District Police to
monitor and patrol the campuses within the Clark County School District, and if there is
an incident, chain link fencing provides much needed visibility. To soften the
appearance of the chain link fencing the applicant has proposed trees and shrubs
along the perimeters where the chain link fencing will be installed. Staff supports this
request.

The proposed parking lot is deficient approximately 44 trees within the parking lot area.
This is in direct response to the street parking and invasion of vehicular traffic onto
neighborhood streets due to insufficient parking for parents that pickup and dropoff their
children at other elementary schools within the School District. In addition to being the
first prototype for all-day Kindergarten, this school campus is also one of the first to
provide excess parking to address and prevent the congestion of traffic that typically
occurs on adjacent roadways during peak drop-off and pick-up hours of the day. Staff
supports this Exception request.

The applicant is also requesting a Waiver to allow a portion of the eastern property line
to have a 10-foot landscape buffer where fifteen feet is required. This reduced section
of the landscape buffer accommodates a play area for the Pre-K and Kindergarten age
children. Since this age group is not able to safely play with the second through fifth
grade students and requires a separate play area, staff supports this request.

Title 19.10 stipulates, Buildings and plazas within the C-V District shall be located at
the front of the site at the minimum setback line established by the approved site
development plan and should make a strong tie to the building lines of each street
unless the applicant can demonstrate by substantial and convincing evidence that to do
so would be infeasible. The site plan depicts both buildings centrally located within the
site with a fire lane encompassing the structure. Due to the nature of the building, and
the young students it will house, it is not feasible for the applicant to design an
elementary campus that would meet this requirement while satisfying the needs of the
Fire Department and the surrounding community.

Staff finds the proposed development to be compatible and harmonious with the
existing surrounding residential neighborhood and recommends approval of the General
Plan Amendment, the Rezoning request, and the development standards proposed
through the Site Development Plan Review.

NE
GPA-68787, ZON-68788 and SDR-68790 [PRJ-68779]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

FINDINGS (GPA-68787)

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 density and intensity of the proposed PF (Public Facilities) General Plan
designation is compatible with the existing surrounding PCD (Planned Community
Development) and R (Rural Density Residential) General Plan Designations.

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


compatible with the existing adjacent land uses or zoning districts,

The proposed PF (Public Facilities) General Plan Designation allows the


proposed C-V (Civic) zoning district, which allows the development of public and
quasi-public land uses such as schools, libraries, and public parks. The proposed
C-V (Civic) zoning district is compatible with the existing surrounding residentially
zoned properties.

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 the final undeveloped lot within Grand Teton Village. The
utilities, transportation, and recreation are in place and are adequate for the
proposed elementary school.

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


policies that include approved neighborhood plans.

The subject site was designated for Public Facility/Open Space and Recreation
(PF) within the Master Plan area of Grand Teton Village and is intended for public
land uses such as the proposed elementary school.

FINDINGS (ZON-68788)

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


Commission or City Council must affirm the following:

NE
GPA-68787, ZON-68788 and SDR-68790 [PRJ-68779]
Staff Report Page Five
April 11, 2017 - Planning Commission Meeting

1. The proposal conforms to the General Plan.

If approved, the proposed C-V (Civic) zoning district would conform to the
proposed PF (Public Facilities) 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 land uses permitted in the proposed C-V (Civic) zoning district include any
use operated or controlled by the City, County, State, or Federal Government; any
public or quasi-public use operated or controlled by a recognized religious,
fraternal, veteran, civic or service organization; and utility company facilities which
are compatible land uses for the existing surrounding residential neighborhood.

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

Grand Teton Village has been fully developed except for the subject site, which is
designated for Public Facility/Open Space and Recreation (PF) by the Master
Development Plan for Grand Teton Village. Growth and development in the area
has prompted the need for the subject site to be rezoned from the holding
category U (Undeveloped) to C-V (Civic) for the proposed elementary 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.

The proposed C-V (Civic) zoning district supports public uses such as the
proposed elementary school. School bus pick-up and drop-off is accessed by
Farm Road, a Major Collector street as classified by the Master Plan of Streets
and Highways. Parental pick-up and drop-off is accessed from Donald Nelson
Avenue, a Local Street defined by Title 13 as a street designed to carry a
combination of light commercial and residential traffic between minor collectors,
major collectors, and primary arterials. Both Farm Road and Donald Nelson
Avenue are adequate in size to provide access for the proposed elementary
school.

FINDINGS (SDR-68790)

In order to approve a Site Development Plan Review application, per Title 19.16.100(E)
the Planning Commission and/or City Council must affirm the following:

NE
GPA-68787, ZON-68788 and SDR-68790 [PRJ-68779]
Staff Report Page Six
April 11, 2017 - Planning Commission Meeting

1. The proposed development is compatible with adjacent development and


development in the area;

The proposed elementary school is compatible with the existing surrounding


residential neighborhood.

2. The proposed development is consistent with the General Plan, this Title,
the Design Standards Manual, the Landscape, Wall and Buffer Standards,
and other duly-adopted city plans, policies and standards;

The proposed development is consistent with the proposed General Plan, Zoning
district, and Title 19.10. Additionally, the proposed development completes the
Master Plan Area of Grand Teton Village by developing the subject site that was
earmarked by the plan for a public facility.

3. Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;

The school bus drop-off and pick-up lanes have been positioned adjacent to Farm
Road to not disturb neighborhood traffic or interfere with employees arriving and
departing from school, as well as parents picking up and dropping off students.
Employees and parents will be directed to the parking lot area adjacent to Donald
Nelson Avenue which provides a dedicated drop-off and pick-up lane for parents
and an oversized parking lot in order to not disturb or disrupt neighborhood traffic.

4. Building and landscape materials are appropriate for the area and for the
City;

While the proposed landscape materials are appropriate for a desert climate, with
the subject site being located within the Grand Teton Village Master Plan Area, a
Condition of Approval has been added for the landscape materials to be chosen
from the Grand Teton Village Plant Palette, which will only change a few of the
plant species depicted on the landscape plan.

The structures will be constructed of both smooth and accent CMU (Concrete
Masonry Units) finished and painted with contrasting colors. Aluminum shade
louvers and metal panels are used on the building facades to add contrast. These
are appropriate materials for an educational campus in a desert climate.

5. Building elevations, design characteristics and other architectural and


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

NE
GPA-68787, ZON-68788 and SDR-68790 [PRJ-68779]
Staff Report Page Seven
April 11, 2017 - Planning Commission Meeting

The building elevations and design characteristics are typical of an educational


campus and are not unsightly or obnoxious in appearance. The proposed
elementary school is compatible with the existing surrounding residential
neighborhoods.

6. Appropriate measures are taken to secure and protect the public health,
safety and general welfare.

The proposed elementary school will be subject to plan check review during the
permitting process and regular inspections during construction protecting the
public health, safety and general welfare. Additionally, once the elementary school
is in operation the Clark County School District Police Department will perform
regular patrols to ensure the site is secure.

BACKGROUND INFORMATION

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


The City Council approved a Petition to Annex [A-0008-02(A)] property
generally located southeast of the intersection of Grand Teton Drive
08/21/02
and Hualapai Way, containing approximately 113.23 acres. The
annexation was effective on 08/30/02.
The City Council approved a request for a Major Modification to the
Grand Teton Village Master Plan to revise the standards regarding
landscaping, trails, setbacks, parking and open space on 160 acres
04/02/03
adjacent to the south side of Grand Teton Drive, between Hualapai
Way and Grand Canyon Drive. The Planning Commission and staff
recommended approval.
The City Council approved a request for a General Plan Amendment
(GPA-1983) to amend Map Number 2 of the Interlocal Agreement Joint
Parks and Trails Plan; Map Number 2 of the Master Plan
05/21/03 Transportation Trails Element; and Map Number 2 of the Recreation
Trails Element to realign minor sections of trails along Hualapai Way
and Grand Teton Drive. The Planning Commission recommended
approval.
The City Council approved a request for a Major Modification to the
Grand Teton Village Master Plan to change the land use designation
from P (Public Facility) to L (Low Density Residential); to amend Table
1 (Section 2.2) to reflect changes to the land use categories and
11/03/04 number of residential units; Figures 2 and 3; and Sections 2.3.5, 5.3.2,
and 6.1 regarding common open space on 10.32 acres adjacent to the
south side of Gilcrease Avenue, approximately 660 feet east of
Hualapai Way. The Planning Commission and staff recommended
approval.

NE
GPA-68787, ZON-68788 and SDR-68790 [PRJ-68779]
Staff Report Page Eight
April 11, 2017 - Planning Commission Meeting

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


Code Enforcement processed a complaint (#171533) for dumping
activity occurring on an undeveloped lot adjacent to Topaz Creek
10/18/16
Street and Donald Nelson Avenue. The case was resolved on
10/25/16.

Most Recent Change of Ownership


Ownership has never been changed from the Federal Government (USA) Bureau of
Land Management (BLM).

Related Building Permits/Business Licenses


There are no related building permits or business licenses.

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
01/30/17 requirements for a General Plan Amendment, Rezoning, and Site
Development Plan Review application(s) were discussed.

Neighborhood Meeting
Meeting Start Time: 6:00 p.m.
Meeting End Time: 7:00 p.m.

Attendance: 1 representative from the Planning Department;


1 representative from Ward 6 Mayor Pro Tem Ross;
6 representatives for the applicant;
and approximately 11 members of the public (neighbors).

03/01/17 The meeting opened with a presentation of the proposed project by the
applicants architect followed by a question and answer session. Some
of the questions and concerns expressed by the neighbors included:
The school being 2 stories: the project representatives
explained the majority school of the school is 34 feet tall and
only architectural features including the parapet reach a height
of 44 feet. Title 19 allows 2-story homes to be 35 feet tall, and
the school structure has met and exceeded residential
adjacency standards for those portions that exceed 35 feet.

NE
GPA-68787, ZON-68788 and SDR-68790 [PRJ-68779]
Staff Report Page Nine
April 11, 2017 - Planning Commission Meeting

Neighborhood Meeting
Street parking along Jensen (east): the school district will
request for the City to restrict on-street parking along Jensen
Street since the site has provided more on-site parking than
they have in the past to avoid on-street parking.
Noise: The playground was strategically positioned adjacent to
Farm Road to minimize noise impacts on the neighbors with the
parking lot being positioned adjacent to Donald Nelson to
provide a noise buffer to the neighbors from the noise of the
playground. The School District has also proposed more
landscape materials (trees) along the buffer areas to also help
buffer the noise.
Security and Intrusive light: The school will have security
cameras that are only focused on the school property and will
not film the neighbors residences. The cameras are also
streamed to school police, with the site lighting having motion
sensors that also alert school police when motion is detected
after school hours.
Chain link fencing: The school district prefers chain link fencing
for security reasons. School Police and Metro are able to drive
along the perimeters and patrol; solid walls do not promote
safety for the students.
Construction dust: Signs will be posted with emergency contact
telephone numbers for neighbors to contact if dust or noises
exceed what is allowed.

The architect further explained how this school is the first prototype for
all day kindergarten, which includes more parking available for parents
to park on-site and walk the kindergarten age children to and from their
classrooms. The drop-off and pick-up lanes are not adjacent to the
main road (Farm Road) to keep school traffic from congesting traffic
along Farm Road. The school has also been positioned to maximize
solar power, which will make the school building itself an educational
tool for the kids.

Field Check
Staff conducted a routine field check where the subject undeveloped
03/02/17 site was observed. Nothing of concern was noted by staff during the
site visit.

NE
GPA-68787, ZON-68788 and SDR-68790 [PRJ-68779]
Staff Report Page Ten
April 11, 2017 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres 14.92

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
PR-OS (Public U (Undeveloped) [PR-
Subject
Undeveloped Recreation Open OS (Public Recreation
Property
Space) Open Space)]
PCD (Planned
Single Family, PD (Planned
North Community
Detached Development)
Development)
R-E (Residence
Undeveloped
Estates)
R (Rural Density
South Single Family, R-PD4 (Residential
Residential)
Detached (Under Planned Development
Construction) 4 Units Per Acre)
PCD (Planned
Single Family, PD (Planned
East Community
Detached Development)
Development)
PCD (Planned
Single Family, PD (Planned
West Community
Detached Development)
Development)

Master and Neighborhood Plan Areas Compliance


Grand Teton Village Y
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 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
GPA-68787, ZON-68788 and SDR-68790 [PRJ-68779]
Staff Report Page Eleven
April 11, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to 19.10, the following standards are proposed:


Standard Provided
Lot Size 566,280 SF
Lot Coverage 12.3 Percent
Setbacks
Front 212 Feet
Side 85 Feet
Rear 233 Feet
Building Height 40 Feet
Trash Enclosure By Condition
Mech. Equipment By Condition

Residential Adjacency Standards Required/Allowed Provided Compliance


3:1 proximity slope 120 Feet 157 Feet Y
Trash Enclosure 50 Feet By Condition

Pursuant to Title 19.08040(f), the following standards apply:


Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees

Buffer Trees:
North 1 Tree / 20 Linear Feet 28 Trees 28 Trees Y
South 1 Tree / 20 Linear Feet 32 Trees 32 Trees Y
East 1 Tree / 20 Linear Feet 14 Trees 14 Trees N*
West 1 Tree / 20 Linear Feet 27 Trees 27 Trees Y
TOTAL PERIMETER TREES 101 Trees 101 Trees Y
1 Tree / 6 Uncovered
Parking Area Spaces, plus 1 tree at the
47 Trees 3 Trees N*
Trees end of each row of
spaces
Interior Trees 18 Trees
TOTAL TREES 122 Trees

NE
GPA-68787, ZON-68788 and SDR-68790 [PRJ-68779]
Staff Report Page Twelve
April 11, 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 15 Feet 15 Feet Y
East 15 Feet 10 Feet N*
West 15 Feet 15 Feet Y
*The Waiver request for a reduced landscape impacted the number of trees provided.
**An Exception is required for the reduction of parking area trees and trees along the
eastern property line.
***A Waiver is necessary to allow a 10-foot landscape buffer along a portion of the east
property line.

Functional Actual Compliance


Governing
Street Name Classification of Street Width with Street
Document
Street(s) (Feet) Section
Master Plan of
Farm Road Major Collector Streets and 40 N*
Highways
Topaz Creek Street Local Street Title 13 35 N*
Donald Nelson
Local Street Title 13 30 N*
Avenue
Jensen Street Local Street Title 13 30 N*
*Half street improvements are required as part of this proposed development on all four
adjacent roadways.

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
Public or
3 Spaces
Private 59
Per 177
School, Classrooms
Classroom
Primary
TOTAL SPACES REQUIRED 177 200 Y
Regular and Handicap Spaces Required 171 6 194 6 Y

NE
GPA-68787, ZON-68788 and SDR-68790 [PRJ-68779]
Staff Report Page Thirteen
April 11, 2017 - Planning Commission Meeting

Waiver
Requirement Request Staff Recommendation
10-foot landscape
15-foot landscape buffer
buffer along a portion
adjacent to public right-of- Approval
of the east property
way.
line.

Exception
Requirement Request Staff Recommendation
1 Tree / 6 Uncovered
Spaces, plus 1 Tree at the
To provide 3 Trees Approval
end of each row of spaces
(47 Trees).
One tree every 20 linear feet To provide no trees
in the landscape buffer along a portion of the Approval
areas. east property line.

NE
GPA-68787



GPA-68787

GPA-68787

GPA-68787

GPA-68787
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GPA-68787
ARTISTIC WALK AVE PCD

PRONGHORN CT

SOLID HORN CT
REGENCY PARK ST

GARDEN ROCK ST
QUITMAN AVE

MARBLEDOE ST
TONYVILLE AVE

TERRITORIAL ST
VILLAGE WALK AVE

ELLENDALE ST
ML

BLESBOK CT
MADISON WALK AVE WILDHERD AVE
GIBBON AVE

GILCREASE AVE

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SIENNA VALLEY AVE
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NATIVE WINDS CT
SANDY TURTLE AVE

TINY TORTOISE ST
TURTLE WALK AVE

DONALD NELSON AVE

N GRAND CANYON DR
SHARP RIDGE AVE
N HUALAPAI WAY

DUET SPRINGS ST

MARBLE MESA CT
TOPAZ CREEK ST

RIVA RIDGE ST

LANI DAWN ST
N JENSEN ST
PR-OS
CENTRAL VALLEY AVE

FARM RD FARM RD FARM RD

R
SUBJECT
PROPERTY
RAMON VALLEY AVE

UNIVERSITY RIDGE AVE


LASSEN PEAK CIR

CATHEDRAL PINES AVE ROYAL CRYSTAL ST


DORAVILLE AVE

RNP

L
SEVERENCE LN
AMADOR RANCH AVE

FROM PR-OS TO PF
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
M - Medium
RE - Rural Estates District TC - Town Center
Not City
DR - Desert Rural H - High LI/R - Light Industrial / Research
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.
SC - Service Com mercial PR-OS - Park/Recreation/ Geographic Inform ation System
L - Low 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
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GPA-68787, ZON-68788 and SDR-68790


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GPA-68787, ZON-68788 and SDR-68790


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GPA-68787, ZON-68788 and SDR-68790


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GPA-68787, ZON-68788 and SDR-68790


GPA-68787 [PRJ-68779] - GENERAL PLAN AMENDMENT RELATED TO ZON-68788 AND SDR-68790 - APPLICANT:
CLARK COUNTY SCHOOL DISTRICT - OWNER: USA
NORTHWEST CORNER OF FARM ROAD AND JENSEN STREET
03/02/17
GPA-68787 [PRJ-68779] - GENERAL PLAN AMENDMENT RELATED TO ZON-68788 AND SDR-68790 - APPLICANT:
CLARK COUNTY SCHOOL DISTRICT - OWNER: USA
NORTHWEST CORNER OF FARM ROAD AND JENSEN STREET
03/02/17
GPA-68787 [PRJ-68779] - GENERAL PLAN AMENDMENT RELATED TO ZON-68788 AND SDR-68790 - APPLICANT:
CLARK COUNTY SCHOOL DISTRICT - OWNER: USA
NORTHWEST CORNER OF FARM ROAD AND JENSEN STREET
03/02/17

GPA-68787, ZON-68788 and SDR-68790


Agenda Item No.: 11.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
ZON-68788 - REZONING RELATED TO GPA-68787 - PUBLIC HEARING - APPLICANT:
CLARK COUNTY SCHOOL DISTRICT - OWNER: USA - For possible action on a request for
a Rezoning FROM: U (UNDEVELOPED) [PR-OS (PARKS/RECREATION/OPEN SPACE)
GENERAL PLAN DESIGNATION] TO: C-V (CIVIC) on 14.92 acres at the northwest corner of
Farm Road and Jensen Street (APN 125-18-201-015), Ward 6 (Ross) [PRJ-68779]. Staff
recommends APPROVAL.

C.C.: 5/17/2017

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-68788 and SDR-68790 [PRJ-68779]
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-68788



ZON-68788


ZON-68788
ARTISTIC WALK AVE
R-PD8

PRONGHORN CT

SOLID HORN CT
REGENCY PARK ST

GARDEN ROCK ST
QUITMAN AVE

MARBLEDOE ST
TONYVILLE AVE

TERRITORIAL ST
VILLAGE WALK AVE

ELLENDALE ST
BLESBOK CT
MADISON WALK AVE WILDHERD AVE
GIBBON AVE

GILCREASE AVE

TORTOISE GREENS ST
SIENNA VALLEY AVE
TWIN TAILS ST

C-V

NATIVE WINDS CT
SANDY TURTLE AVE

TINY TORTOISE ST
TURTLE WALK AVE

DONALD NELSON AVE


PD

N GRAND CANYON DR
SHARP RIDGE AVE
N HUALAPAI WAY

DUET SPRINGS ST

MARBLE MESA CT
TOPAZ CREEK ST

RIVA RIDGE ST

LANI DAWN ST
N JENSEN ST
U(PROS
CENTRAL VALLEY AVE

FARM RD
R-PD6

SUBJECT
FARM RD FARM RD

PROPERTY RAMON VALLEY AVE

R-E
R-PD4
UNIVERSITY RIDGE AVE
LASSEN PEAK CIR

ROYAL CRYSTAL ST
R-PD3
CATHEDRAL PINES AVE
DORAVILLE AVE

R-1
SEVERENCE LN
AMADOR RANCH AVE

Zoning FROM U(PR-OS TO C-V (CIVIC)


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 this map is for reference only.
R-1 - Single Family Geographic Inform ation 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: Wednesday, March 01, 2017
and Parking
Agenda Item No.: 12.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
SDR-68790 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-68787 AND ZON-
68788 - PUBLIC HEARING - APPLICANT: CLARK COUNTY SCHOOL DISTRICT -
OWNER: USA - For possible action on a request for a Site Development Plan Review FOR A
93,473 SQUARE-FOOT PUBLIC OR PRIVATE SCHOOL, PRIMARY WITH A WAIVER TO
ALLOW A 10-FOOT LANDSCAPE BUFFER ALONG A PORTION OF THE EAST
PROPERTY LINE WHERE 15 FEET IS REQUIRED on 14.92 acres at the northwest corner of
Farm Road and Jensen Street (APN 125-18-201-015), U (Undeveloped) Zone [PR-OS
(Parks/Recreation/Open Space) General Plan Designation] [PROPOSED: C-V (Civic)], Ward 6
(Ross) [PRJ-68779]. Staff recommends APPROVAL.

C.C.: 5/17/2017

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.
SDR-68790



SDR-68790


Agenda Item No.: 13.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
GPA-69188 - GENERAL PLAN AMENDMENT - PUBLIC HEARING -
APPLICANT/OWNER: OAK HOLLOW, LLC - For possible action on a request for a General
Plan Amendment FROM: L (LOW DENSITY RESIDENTIAL) TO: MXU (MIXED USE) on
0.08 acres on the north side of Providence Lane at the terminus of Portsmouth Way (APN 139-
31-210-001), Ward 1 (Tarkanian) [PRJ-69152]. Staff recommends APPROVAL.

C.C.: 5/17/2017

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-69188 and TMP-69190 [PRJ-69152]
3. Supporting Documentation - GPA-69188 and TMP-69190 [PRJ-69152]
4. Photo(s) - GPA-69188 and TMP-69190 [PRJ-69152]
5. Justification Letter - GPA-69188 and TMP-69190 [PRJ-69152]
6. Support Postcard
GPA-69188 and TMP-69190 [PRJ-69152]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: OAK HOLLOW, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
GPA-69188 Staff recommends APPROVAL.
TMP-69190 Staff recommends APPROVAL, subject to conditions: GPA-69188

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 22 - GPA-69188


23 - TMP-69190

NOTICES MAILED 154 - GPA-69188


208 - TMP-69190

PROTESTS 0- GPA-69188
0 - TMP-69190

APPROVALS 1 - GPA-69188
1 - TMP-69190

SS
GPA-69188 and TMP-69190 [PRJ-69152]
Conditions Page One
April 11, 2017 - Planning Commission Meeting

** CONDITIONS **

TMP-69190 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-69188) shall be required, if


approved.

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

4. 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.

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

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


Subdivision Statutes.

SS
GPA-69188 and TMP-69190 [PRJ-69152]
Conditions Page Two
April 11, 2017 - Planning Commission Meeting

Public Works

7. 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 Meadows Lane adjacent to this site.

8. Correct all Americans with Disabilities Act (ADA) deficiencies on the sidewalks on
Meadows Lane and 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.

9. 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.

10. The onsite sewer shall be private and per Title 19.16.060.W.2, sewer service for
this commercial subdivision shall be shown in accordance with one of the following
two alternatives, and the appropriate note shall appear on the face of the recorded
Final Map:
I. On-site sewers are a common element privately owned and maintained per
the Conditions, Covenants, and Restrictions (CC&Rs) of this commercial
subdivision.
II. On-site sewers are a common element privately owned and maintained per
the Joint Use Agreement of this commercial subdivision.

11. 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.

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

SS
GPA-69188 and TMP-69190 [PRJ-69152]
Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is requesting to map six parcels of land under common ownership into a
single lot. One of the parcels is designated L (Low Density Residential) by the General
Plan and must be amended to match the MXU (Mixed Use) designation on the
remaining parcels in order to be combined. The site is already developed with
commercial uses.

ISSUES

A General Plan Amendment is needed to change the land use designation on a


0.08-acre parcel of land (APN 139-21-210-001) from L (Low Density Residential) to
MXU (Mixed Use). The Amendment would allow this parcel to be combined with the
adjacent parcels to the west designated MXU.
A Tentative Map is requested to remap six contiguous parcels into a one-lot
commercial subdivision.
Prior to final approval of a General Plan Amendment over this site, such as GPA-
69188, APN 139-21-210-001 must be added into Redevelopment Area 2 of the city
of Las Vegas.
Public Works has added a condition of approval requiring a Bus Shelter Pad
easement to be granted to the Regional Transportation Commission of Southern
Nevada (RTC) for the existing bus shelter adjacent to this site on Meadows Lane.
The proposed tentative map shows a 10-foot by 25-foot easement per RTC standard
drawing for this purpose.
No development is proposed at this time; however, in the future, a Review of
Condition would be needed to change the use of APN 139-21-210-001 to anything
other than parking, as was mandated through a condition of approval of Z-0058-87.

ANALYSIS

Any development within this site is subject to the requirements of Title 19.08 for C-2
(General Commercial) zoned properties. Tentative Map requirements are contained in
Title 19.16. No site development is needed or requested at this time. Some existing
development on this site is nonconforming with respect to the current Unified
Development Code, but combining the current parcels will not affect the nonconforming
status. No waivers or variances are needed as part of this request.

SS
GPA-69188 and TMP-69190 [PRJ-69152]
Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

While the main intent of a one-lot commercial subdivision is to allow for the ability to
reparcel multiple areas of the site for sale, allowing for development to occur on a single
legal lot ensures that buildings, landscaping and utilities will conform to code
requirements.

APN 139-31-210-001 is a 30-foot wide remnant parcel created from the vacation of a
portion of the Portsmouth Way right-of-way in 1981. As the east half of the street was
vacated, it became part of the adjacent single family residential development and
remained zoned R-1 (Single Family Residential) until 1987, when it was rezoned C-2
and effectively became part of the commercial development located at the southeast
corner of Meadows Lane and Decatur Boulevard. A condition of the zoning and plot
plan approval (Z-0058-87) limited use of the property to parking, with landscaping and
walls on the perimeter. When the City established Redevelopment Area 2 in 2012, this
parcel was not included and therefore not redesignated MXU (Mixed Use). In order to
include this parcel with the other existing parcels in this Tentative Map request, a
General Plan Amendment from L (Low Density Residential) to MXU (Mixed Use) is
required. In addition, the parcel must be added into Redevelopment Area 2, which can
be done administratively for a small parcel such as this if determined to be appropriate
by the Redevelopment Agency.

Staff notes that north/south and east/west cross sections are shown with this Tentative
Map submittal. Since this property and all surrounding property is developed or graded,
no new retaining walls are shown or anticipated. An eight-foot screen wall is located
along the east property line, and a six-foot retaining wall is located on the perimeter
adjacent to APN 139-31-210-001. Additional chain link fencing has been added behind
the walls on the interior of the property.

The proposed General Plan Amendment is a clean up measure to make the General
Plan match the current use and zoning of the property. APN 139-31-210-001 is
presently zoned C-2 (General Commercial) and functions as part of the adjacent C-2
zoned commercial development. The property is adequately screened from adjacent
single family residential development and has been shown to be compatible with the
uses on the adjacent parcels. Amendment of the General Plan to MXU would make the
current zoning consistent with land use, would be compatible with the adjacent parcels
and would allow for the parcel to be included within the Citys Redevelopment Area 2.
Staff therefore recommends approval to of both requests.

FINDINGS (GPA-69188)

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:

SS
GPA-69188 and TMP-69190 [PRJ-69152]
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

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


compatible with the existing adjacent land use designations,

The intensity and possible future residential density of the proposed General Plan
Amendment matches the existing General Plan designation (MXU) of the adjacent
commercial parcels to the west.

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


compatible with the existing adjacent land uses or zoning districts,

The proposed MXU (Mixed Use) designation allows for a variety of land uses and
zoning districts, including the existing C-2 (General Commercial) District. The
parcels adjacent to this site to the west are already zoned C-2.

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


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

Transportation and utility facilities are fully improved adjacent to this site, and are
adequate to accommodate the potential uses permitted by the proposed General
Plan Amendment.

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


policies that include approved neighborhood plans.

APN 139-31-210-001 is no longer compatible with the adjacent residential


neighborhood and is proposed to be added to Redevelopment Area 2, within
which incentives may be available for rehabilitation of blighted properties
pursuant to NRS.

FINDINGS (TMP-69190)

The proposed Tentative Map is in conformance with all Title 19 and NRS requirements
for tentative maps and is not in conflict with any Title 19 zoning or development
standards. Staff therefore recommends approval, subject to conditions.

SS
GPA-69188 and TMP-69190 [PRJ-69152]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

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


The Board of City Commissioners approved the Final Map of
Charleston Heights Tract #14-C (a 30-lot single-family residential
subdivision) on approximately 6.29 acres north and south of
01/04/61
Providence Lane, between Portsmouth Way and Essex Drive. The
Planning Commission recommended approval. The map was
recorded 02/06/61.
The Board of City Commissioners approved a Rezoning (Z-0038-68)
from R-1 (Single Family Residential) to C-2 (General Commercial) on
01/15/69 0.46 acres on the east side of Decatur Boulevard, north of Mayflower
Lane. The Planning Commission and staff recommended approval.
The property was hard zoned 07/15/70.
The Board of City Commissioners approved a Rezoning (Z-0065-78)
from R-1 (Single Family Residential) to C-2 (General Commercial) on
08/02/78 3.07 acres at the southeast corner of Meadows Lane and Decatur
Boulevard. The Planning Commission and staff recommended
approval.
The City Council approved a Petition to Vacate (VAC-0012-79) the
east half of Portsmouth Way between Providence Lane and Meadows
08/15/79
Lane. The Planning Commission and staff recommended approval.
The Order of Vacation was recorded 03/05/81.
The City Council denied a Rezoning and Plot Plan Review (Z-0022-81)
from R-1 (Single Family Residential) to C-2 (General Commercial) for
05/06/81 an office building on the south side of Meadows Lane, 450 feet east of
Decatur Boulevard. The Planning Commission and staff
recommended denial.
The City Council approved a Plot Plan Review (Z-0065-78) to allow an
emergency access gate to Portsmouth Way where a block wall with no
03/04/87
access was previously required on property located at 4701 Meadows
Lane. The Planning Commission and staff recommended approval.
The City Council approved a Rezoning and Plot Plan Review (Z-0058-
87) from R-1 (Single Family Residential) to C-2 (General Commercial)
on 0.08 acres on the south side of Meadows Lane, 450 feet east of
Decatur Boulevard. By condition, the use of the property was to be
08/05/87 limited to parking (nine spaces were added, as well as landscaping).
Six-foot block walls were required along the east property line and 10
feet from the south property line in order to provide a perimeter
landscape planter. The Planning Commission and staff recommended
approval.

SS
GPA-69188 and TMP-69190 [PRJ-69152]
Staff Report Page Five
April 11, 2017 - Planning Commission Meeting

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


Planning Department staff administratively approved a Minor Site
Development Plan Review (SDR-37577) for proposed landscaping and
04/22/10 faade renovations of a one-story, 6,000 square-foot commercial
building (Pawn Shop) at 307 South Decatur Boulevard. The height of
the building was raised from 22 to 27 feet.
The City Council approved a Special Use Permit (SUP-37576) for a
Pawn Shop with Waivers to allow a 154-foot distance separation from
a residentially zoned property and a 250-foot distance separation from
a Financial Institution, Specified where 200 feet and 1000 feet,
06/16/10
respectively, are required at 307 South Decatur Boulevard. The
Planning Commission recommended approval; staff recommended
denial, with a one-year administrative review after issuance of a
business license.
The City Council approved a General Plan Amendment (GPA-43991)
to establish Redevelopment Area 2 and change the future land use
04/18/12 designation on various parcels within the Redevelopment Area to
Commercial or Mixed Use. The Planning Commission and staff
recommended approval.

Most Recent Change of Ownership


A deed was recorded for a change in ownership on APN 139-31-201-
05/25/07
004.
A deed was recorded for a change in ownership on APN 139-31-201-
03/30/12
001, 002 and 003.
A deed was recorded for a change in ownership on APN 139-31-201-
02/25/13
006 and 139-31-210-001.

Related Building Permits/Business Licenses


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

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
submittal requirements for a Tentative Map. In order to combine all of
the parcels requested, a General Plan Amendment would be
02/16/17 necessary from L (Low Density Residential) to MXU (Mixed Use) on
APN 139-31-210-001). In addition, the parcel would need to be added
to the Citys Redevelopment Area 2, which could be done through an
administrative process.

SS
GPA-69188 and TMP-69190 [PRJ-69152]
Staff Report Page Six
April 11, 2017 - Planning Commission Meeting

Neighborhood Meeting
A neighborhood meeting was held in the Alta Decatur Shopping
Center at 439 South Decatur Boulevard. There were three members
of the public, one applicant representative, two members of the Ward 1
Council Office and one Department of Planning staff member in
attendance. A display was provided to explain the requests. No
formal presentation was given.

Concerns included the following:


03/21/17
What type of development is possible or may be proposed on
this site? Commercial development is probable; however, there
is no imminent development at this time.
The owner should take action to remove graffiti from the rear
wall/fence.
Would the parcel that is the subject of the GPA request change
in development at this time? No, the requested change is a
clean-up measure that would allow the various parcels making
up the project area to be combined into a single lot.

Field Check
The site contains four existing buildings that include two restaurants, a
pawn shop and an auto repair garage with tire sales. The restaurant
03/02/17 with drive through on the south side of the site is not in operation. The
parcel requested for a General Plan Amendment contains a driveway,
asphalt paving for striped parking, landscaping and retaining walls.

Details of Application Request


Site Area
Net Acres 0.08 (GPA only)
3.66 (Tentative Map)

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Pawn Shop
Subject Restaurant C-2 (General
MXU (Mixed Use)
Property Auto Repair Commercial)
Garage, Minor

SS
GPA-69188 and TMP-69190 [PRJ-69152]
Staff Report Page Seven
April 11, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Parking lot
(ancillary to Auto L (Low Density
Repair Garage, Residential)
Minor)
C-1 (Limited
North Shopping Center MXU (Mixed Use)
Commercial)
Auto Repair
Garage, Minor C-2 (General
South MXU (Mixed Use)
General Retail Commercial)
Store
Single Family, L (Low Density R-1 (Single Family
East
Detached Residential) Residential)
C-2 (General
West Shopping Center MXU (Mixed Use)
Commercial)

Master and Neighborhood Plan Areas Compliance


Meadows Walkable Community Plan N/A
Special Purpose and Overlay Districts Compliance
A-O (Airport Overlay) District (140 Feet) Y
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

SS
GPA-69188 and TMP-69190 [PRJ-69152]
Staff Report Page Eight
April 11, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to Title 19.08, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size N/A 159,430 SF N/A
Min. Lot Width 100 Feet 416 Feet Y
Min. Setbacks
Front 10 Feet 12 Feet Y
Side 10 Feet 30 Feet Y
Corner 10 Feet 6 Feet N*
Rear 20 Feet 72 Feet Y
Max. Lot Coverage 50 % 7% Y
*The existing Auto Repair, Minor building is legally nonconforming with respect to the
corner side yard setback.

Existing General Plan Permitted Density Units Allowed


L (Low Density Residential) 5.49 du/ac None
MXU (Mixed Use) Unlimited Unlimited
Proposed General Plan Permitted Density Units Allowed
MXU (Mixed Use) Unlimited Unlimited

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Meadows Lane Minor Street Title 13.12 100-120 N/A
Planned Streets and
Decatur Blvd Primary Arterial 120 Y
Highways Map

SS
GPA-69188



GPA-69188



GPA-69188



GPA-69188

HARMONY AVE

S YALE ST
CHURCHILL AVE
O

S DECATUR BLVD

MEADOWS LN SC
L
PROVIDENCE LN

PF

SUBJECT
case

MXU

PROPERTY
AMHERST LN

ESSEX DR
PORTSMOUTH WAY

zcase
MAYFLOWER LN

case

NOLAN LN

ALTA DR

FROM L TO MXU
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
M - Medium
RE - Rural Estates District TC - Town Center
Not City
DR - Desert Rural H - High LI/R - Light Industrial / Research
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.
SC - Service Com mercial PR-OS - Park/Recreation/ Geographic Inform ation System
L - Low 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-69188 [PRJ-69152] - GENERAL PLAN AMENDMENT RELATED TO TMP-69190 - APPLICANT/OWNER: OAK
HOLLOW, LLC
NORTH SIDE OF PROVIDENCE LANE AT THE TERMINUS OF PORTSMOUTH WAY
03/02/17 & 03/16/17
GPA-69188 [PRJ-69152] - GENERAL PLAN AMENDMENT RELATED TO TMP-69190 - APPLICANT/OWNER: OAK
HOLLOW, LLC
NORTH SIDE OF PROVIDENCE LANE AT THE TERMINUS OF PORTSMOUTH WAY
03/02/17 & 03/16/17
GPA-69188 [PRJ-69152] - GENERAL PLAN AMENDMENT RELATED TO TMP-69190 - APPLICANT/OWNER: OAK
HOLLOW, LLC
NORTH SIDE OF PROVIDENCE LANE AT THE TERMINUS OF PORTSMOUTH WAY
03/02/17 & 03/16/17
GPA-69188 [PRJ-69152] - GENERAL PLAN AMENDMENT RELATED TO TMP-69190 - APPLICANT/OWNER: OAK
HOLLOW, LLC
NORTH SIDE OF PROVIDENCE LANE AT THE TERMINUS OF PORTSMOUTH WAY
03/02/17 & 03/16/17
GPA-69188 [PRJ-69152] - GENERAL PLAN AMENDMENT RELATED TO TMP-69190 - APPLICANT/OWNER: OAK
HOLLOW, LLC
NORTH SIDE OF PROVIDENCE LANE AT THE TERMINUS OF PORTSMOUTH WAY
03/02/17 & 03/16/17
GPA-69188 [PRJ-69152] - GENERAL PLAN AMENDMENT RELATED TO TMP-69190 - APPLICANT/OWNER: OAK
HOLLOW, LLC
NORTH SIDE OF PROVIDENCE LANE AT THE TERMINUS OF PORTSMOUTH WAY
03/02/17 & 03/16/17
GPA-69188 [PRJ-69152] - GENERAL PLAN AMENDMENT RELATED TO TMP-69190 - APPLICANT/OWNER: OAK
HOLLOW, LLC
NORTH SIDE OF PROVIDENCE LANE AT THE TERMINUS OF PORTSMOUTH WAY
03/02/17 & 03/16/17
GPA-69188 [PRJ-69152] - GENERAL PLAN AMENDMENT RELATED TO TMP-69190 - APPLICANT/OWNER: OAK
HOLLOW, LLC
NORTH SIDE OF PROVIDENCE LANE AT THE TERMINUS OF PORTSMOUTH WAY
03/02/17 & 03/16/17

GPA-69188 and TMP-69190
Agenda Item No.: 14.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
TMP-69190 - TENTATIVE MAP RELATED TO GPA-69188 - OAK HOLLOW (A
COMMERCIAL SUBDIVISION) - PUBLIC HEARING - APPLICANT: OAK HOLLOW, LLC
- OWNER: OAK HOLLOW, LLC, ET AL - For possible action on a request for a Tentative Map
FOR A ONE-LOT COMMERCIAL SUBDIVISION on 3.66 acres at the southeast corner of
Meadows Lane and Decatur Boulevard (APNs 139-31-201-001, 002, 003, 004 and 006; and 139-
31-210-001), C-2 (General Commercial) Zone, Ward 1 (Tarkanian) [PRJ-69152]. Staff
recommends APPROVAL.

C.C.: 5/17/2017

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. Location and Aerial Maps
3. Supporting Documentation
4. 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.
TMP-69190



TMP-69190



TMP-69190



TMP-69190

TMP-69190 - REVISED

TMP-69190

TMP-69190
Agenda Item No.: 15.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
SUP-69230 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: STAR LOAN
CENTERS - OWNER: 432 E. SAHARA LLC - For possible action on a request for a Special
Use Permit FOR A PROPOSED 2,312 SQUARE-FOOT AUTO TITLE LOAN USE WITH
WAIVERS TO ALLOW A ZERO-FOOT DISTANCE SEPARATION FROM A
RESIDENTIAL USE WHERE 200 FEET IS REQUIRED AND TO ALLOW A 959-FOOT
DISTANCE SEPARATION FROM A SIMILAR USE WHERE 1,000 FEET IS REQUIRED at
432 East Sahara Avenue (APN 162-03-416-023), C-1 (Limited Commercial) Zone, Ward 3
(Coffin) [PRJ-69016]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 5/17/2017


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 6 Planning Commission Mtg. 6
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. Protest/Support Postcards
SUP-69230 [PRJ-69016]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: STAR LOAN CENTERS - OWNER: 432 E.
SAHARA LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-69230 Staff recommends APPROVAL, subject to conditions: N/A

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 19

NOTICES MAILED 897

PROTESTS 6

APPROVALS 6

RG
SUP-69230 [PRJ-69016]
Conditions Page One
April 11, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-69230 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for an Auto
Title Loan use.

2. Conformance to the approved conditions for Reclassification of Property (Z-0010-


67).

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 zero-foot distance


separation from a residential use.

5. A Waiver from Title 19.12 is hereby approved, to allow a 959-foot distance


separation from a similar use.

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.

RG
SUP-69230 [PRJ-69016]
Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant operates a Financial Institution, Specified at 432 East Sahara Avenue and
is seeking to add Auto Title Loan as a service provided to customers.

ISSUES

An Auto Title Loan is a permitted use in the C-1 (Limited Commercial) zoning district
with the approval of a Special Use Permit.
Waivers from Title 19.12 are required to allow a zero-foot distance separation from a
residential use where 200 feet is required and to allow a 959-foot distance
separation from a similar use where 1000 feet is required. Staff supports these
requests.

ANALYSIS

This is a request for a Special Use Permit for a proposed Auto Title Loan use. The
subject property is developed with an existing nonconforming 2,312 square-foot
Financial Institution, Specified. The subject propertys current zoning is C-1 (Limited
Commercial); it is located within an Airport Overlay, Beverly Green/Southridge
Neighborhood and the Las Vegas Redevelopment Area.

An Auto Title Loan is a permitted use in the C-1 (Limited Commercial) zoning district
with the approval of a Special Use Permit. The proposed use is considered as a Project
Regional Significance and no comments have been received at the time of this writing.

The Auto Title Loan use is defined as A business whose primary function is to lend
money on the security of the title to a motor vehicle rather than on the security of the
vehicle itself. The proposed use meets the definition as the submitted justification
letter, date stamped 02/27/17, clearly states that they will hold auto titles as collateral
and the client keeps the vehicle in their possession. They cannot store any vehicles on
premise including repossessed vehicles, as outside storage is not permitted in the C-1
district. Instead, repossessed vehicles will be stored by the repossession company.

The Minimum Special Use Permit Requirements for this use include:

*1. The use shall comply with all applicable requirements of LVMC Title 6.

RG
SUP-69230 [PRJ-69016]
Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

The proposed use will meet this required, as the proposed use is subject to
licensing requirements and inspection.

*2. The building design and color scheme shall be subject to review by the
Department to ensure that it will be harmonious and compatible with the
surrounding area.

The proposed use meets this standard as the use will be located in an
existing Financial Institution, Specified use that is aesthetically compatible
with remaining general retail uses located in the building.

3. No temporary signs (as described in LVMC 19.08.120(G)) such as balloons,


inflated devices, searchlights, pennants, portable billboards, portable signs,
streamers, trucks parked for signage purposes, or other similar devices are
permitted, except that banners announcing a grand opening or that a
business is coming soon may be approved administratively for a period not
to exceed 30 days.

The existing Financial Institution, Specified use where the proposed use will
be located is code compliant, and the applicant has not stated any intent to
alter the existing signage.

4. Window signs shall not:

a. Cover more than 20 percent of the area of all exterior windows;


b. Include flashing lights or neon lighting; or
c. Include any text other than text that indicates the hours of operation and
whether the business is open or closed.

The existing Financial Institution, Specified use where the use will be located
is code compliant, and the applicant has not stated any intent to alter or add
to the existing signage.

5. The hours of operation shall not extend beyond the hours of 8:00 a.m. to
11:00 p.m.

The applicants justification letter states that they will operate the use at the
same time as the existing Financial Institution, Specified use, which is open
from 10:00 a.m. to 6:00 p.m. Monday through Friday; 10:00 a.m. to 2:00 p.m.
on Saturdays; and is closed on Sundays.

RG
SUP-69230 [PRJ-69016]
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

6. The building or portion thereof that is dedicated to the use shall have a
minimum size of 1500 square feet, and shall be designed to have sufficient
interior space to provide for adequate customer waiting areas, customer
queuing, and transaction space (such as teller windows or desks).

The existing Financial Institution, Specified use occupies 2,293 square feet
of floor area, and the proposed use will operate in the same space.

7. No auto title loan use may be located closer than 200 feet from any parcel
used or zoned for residential use. In addition, no auto title loan use may be
located closer than 1000 feet from any other auto title loan use, auto pawn
use or specified financial institution use. For purposes of this Requirement 7,
distances shall be measured in a straight line from property line to property
line, without regard to intervening obstacles. The term property line refers to
property lines of fee interest parcels and not leasehold parcels.

The proposed site is zero feet away from a residentially zoned parcel where
200 feet is required and 959 feet from a similar uses where 1,000 feet is
required. The applicant has requested a Waiver to address these distance
requirement. The proposed use will be located within an existing Financial
Institution, Specified use, which has the same distance separation
requirements under the current Title 19.12 standards, and that has been
operating at this location for many years; therefore, staff supports the waiver
request as the proposed addition of the Auto Title Loan use will not negatively
affect the surrounding adjacent uses.

The applicant proposes to add the Auto Title Loan use to an existing Financial
Institution, Specified use at 432 East Sahara Avenue. The Financial Institution,
Specified use has been operating at this location since 2009 when the business license
was issued as a continuing use. The subject site is classified as a legal nonconforming
use, which was established prior to the need for Special Use Permit outlined by Title
19.12 for the C-1 (Limited Commercial) zoning district. The Financial Institution,
Specified use currently operates from 10:00 a.m. to at 6:00 p.m. during weekdays,
10:00 a.m. to 2:00 on Saturdays; and is closed on Sundays. The proposed use adheres
to the operating hours listed in Title 19.12 for the Auto Title Loan use of 8:00 a.m. to
11:00 p.m.

The existing use is located zero feet from a residentially zoned property to the north
where a 200-foot minimum distance separation is required and 959 feet from a similar
use where 1,000-foot minimum distance separation is required. Although these issues
do not affect the existing Financial Institution, Specified use, the proposed Auto Title

RG
SUP-69230 [PRJ-69016]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

Loan use will require Waivers of the Minimum Special Use Permit requirements prior to
being added to the existing Financial Institution, Specified use. Staff supports the
requested waivers, as the impact from the addition of an Auto Title Loan use to an
existing Financial Institution, Specified use will be negligible to the surrounding land
uses.

The proposed Auto Title Loan use will share floor area occupied by the existing
Financial Institution, Specified use and does not require any additional parking beyond
that which is existing on-site. Pursuant to Title 19.18.030(D), the subject property is a
parking impaired site. The applicants justification letter states that no outside storage of
vehicles will be permitted on-site, nor does the C-1 zoning district allow outside storage.
Therefore staff recommends approval of the request with conditions.

FINDINGS (SUP-69230)

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 Auto Title Loan use is compatible with the SC (Service
Commercial) General Plan land use designation and is located within an existing
Financial Institution, Specified use. The proposed use can be conducted in a
manner that is harmonious and compatible with the surrounding uses.

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

The proposed use will be located within an established commercial building and
will be operating within an existing Financial Institution, Specified use. There is no
evidence of a physical constraint to the proposed use on the subject site.

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


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

Primary site access is from Sahara Avenue, a 100-foot wide Primary Arterial. The
right-of-way provides adequate capacity to serve the proposed use.

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

RG
SUP-69230 [PRJ-69016]
Staff Report Page Five
April 11, 2017 - Planning Commission Meeting

The proposed Auto Title Loan use will be subject to regular inspections for
business licensing and will therefore not compromise the publics health, safety or
general welfare, or the overall objectives of the General Plan.

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

Although the use does not comply with all of the conditions per Title 19.12, the
applicant has requested a Waiver of distance separation from a residential
property and from a similar use. Staff supports the applicants request, as the
addition of the proposed Auto Title Loan use will not alter or intensify the existing
use on the site.

BACKGROUND INFORMATION

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


The Board of City Commissioners approved a request for
Reclassification of Property [Z-0010-67] from R-2 to C-1, generally
07/05/67 located on the north side of Sahara Avenue between Santa Rita Drive
and Santa Rosa Drive. The Planning Commission recommended
approval.
A Code Enforcement case (#175438) was processed for a sign without
03/06/17
a permit at 430 East Sahara Avenue. The case is currently active.

Most Recent Change of Ownership


03/01/13 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


1952 The building located at 432 East Sahara Avenue was constructed.
A business license (N02-00152) for a non-depository lender was
12/02/09
issued at 432 East Sahara Avenue. The license is currently active.
A business license (G50-09048) for custom home furnishings at 430
06/02/13
East Sahara Avenue. The license is currently active.
A business license (P62-00279) for secondhand dealer at 430 East
01/22/15
Sahara Avenue. The license is currently active.

RG
SUP-69230 [PRJ-69016]
Staff Report Page Six
April 11, 2017 - Planning Commission Meeting

Pre-Application Meeting
A pre-application meeting was conducted by staff with the applicant,
discussing the Special Use Permit application submittal process for an
02/09/17
Auto Title Loan use with Waivers of the distance separation from
residential and similar uses.

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

Field Check
A field check was conducted by staff of the subject property and staff
03/02/17 observed a wall sign at 430 East Sahara Avenue and graffiti located at
the rear of the property.

Details of Application Request


Site Area
Net Acres 0.16

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Financial
Subject SC (Service C-1 (Limited
Institution,
Property Commercial) Commercial)
Specified
Single Family, ML (Medium Low R-2 (Medium-Low
North
Detached Density Residential) Density Residential)
CT (Commercial H-1 (Limited Resort and
Multi-Family
South Tourist) - Clark Apartment) Clark
Residential
County County
Office, Other than SC (Service C-1 (Limited
East
Listed Commercial) Commercial)
General Retail
SC (Service C-1 (Limited
West Store, Other Than
Commercial) Commercial)
Listed

RG
SUP-69230 [PRJ-69016]
Staff Report Page Seven
April 11, 2017 - Planning Commission Meeting

Master Plan Areas Compliance


No Applicable Master Plan Area N/A
Beverly Green / Southridge Neighborhood Y
Special Purpose 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
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance Y

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Planned Streets and
Sahara Avenue Primary Arterial 100 Y
Highways Map

Waivers
Requirement Request Staff Recommendation
A 200-foot distance
Zero-foot distance
separation from residential Approval
separation
use.
A 1,000-foot distance
959-foot distance
separation from a similar Approval
separation
use.

RG
SUP-69230



SUP-69230

SUP-69230 - REVISED

SUP-69230 - REVISED
SUP-69230 [PRJ-69016] - SPECIAL USE PERMIT - APPLICANT: STAR LOAN CENTERS - OWNER: 432 E. SAHARA
LLC
432 EAST SAHARA AVENUE
03/02/17
SUP-69230 [PRJ-69016] - SPECIAL USE PERMIT - APPLICANT: STAR LOAN CENTERS - OWNER: 432 E. SAHARA
LLC
432 EAST SAHARA AVENUE
03/02/17
SUP-69230 [PRJ-69016] - SPECIAL USE PERMIT - APPLICANT: STAR LOAN CENTERS - OWNER: 432 E. SAHARA
LLC
432 EAST SAHARA AVENUE
03/02/17
SUP-69230 [PRJ-69016] - SPECIAL USE PERMIT - APPLICANT: STAR LOAN CENTERS - OWNER: 432 E. SAHARA
LLC
432 EAST SAHARA AVENUE
03/02/17
SUP-69230 [PRJ-69016] - SPECIAL USE PERMIT - APPLICANT: STAR LOAN CENTERS - OWNER: 432 E. SAHARA
LLC
432 EAST SAHARA AVENUE
03/02/17

SUP-69230
Agenda Item No.: 16.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
VAC-69194 - VACATION - PUBLIC HEARING - APPLICANT/OWNER: HV APTS, LLC -
For possible action on a request for a Petition to Vacate 20-foot wide public alleys south of Alta
Drive, between Desert Lane and Martin L King Boulevard, Ward 1 (Tarkanian) [PRJ-68254].
Staff recommends APPROVAL.

C.C.: 5/17/2017

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
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
VAC-69194 [PRJ-68254]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: HV APTS, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAC-69194 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 31

NOTICES MAILED 10

PROTESTS 0

APPROVALS 0

CS
VAC-69194 [PRJ-68254]
Conditions Page One
April 11, 2017 - Planning Commission Meeting

** CONDITIONS **

VAC-69194 CONDITIONS

Planning

1. The limits of this Petition of vacation shall be the east-west public alley and that
portion of the north-south alley between Martin L. King Boulevard and Desert Lane
south of Alta Drive Street, north of Assessors Parcel # 139-33-307-001, excluding
those portions lying within the future Project Neon limits of Martin Luther King
Boulevard.

2. Prior to recordation of an Order of Vacation, the applicant shall enter into an


agreement with the City, as approved by the City Attorneys Office, that waives any
Project Neon eminent domain claims as they relate to Owners property and
business operations.

3. Provide a plan prepared by a licensed Professional Land Surveyor showing how


the right-of-way proposed to be vacated will be incorporated into the abutting
properties, including those properties not controlled by the applicant, so that an un-
maintained "no-man's land" area is not produced by this action. The required plan
shall identify exactly who is responsible to reclaim each portion of right of way and
exactly how the right-of-way will be reclaimed, and shall provide a schedule of
when such reclamation will occur. Such plan, including the formal Waiver of
Reversionary Rights by the Nevada Department of Transportation (NDOT) shall be
approved in writing by NDOT prior to the recordation of the Order of Vacation.

4. Grant Public Utility Access and Emergency Access easements for the radius at the
southeast corner that follows the existing paved area of the site to facilitate utility or
emergency vehicle turning movements in this portion of the alley.

5. Fire lane access must be maintained through the existing alley. Alterations or
changes to fire access must be approved by the Fire Department.

6. A Public Drainage Easement to be privately maintained, acceptable to the Flood


Control Section of the Department of Public Works, shall be reserved through the
Order of Vacation. Alternatively, provide a technical Drainage Study to justify that
a reservation for a Public Drainage Easement is not warranted.

CS
VAC-69194 [PRJ-68254]
Conditions Page Two
April 11, 2017 - Planning Commission Meeting

7. 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. Existing public streetlights, if any, shall be
removed and returned to the City yard. Alternatively, the streetlights may remain if
the applicant disconnects them from public electrical service and installs a new
private electrical service to energize the lights. Such reassignment of streetlights
shall be coordinated with the Traffic Electrical Field Operations (TEFO) section of
the Department of Public Works.

8. 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.

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


standards of all City Departments. 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.

10. 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.

CS
VAC-69194 [PRJ-68254]
Conditions Page Three
April 11, 2017 - Planning Commission Meeting

11. This vacation application shall record no sooner than 6 months after NDOTs
construction acceptance of Martin Luther King Boulevard or July 1, 2018,
whichever occurs first.

12. If the Order of Vacation is 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.

CS
VAC-69194 [PRJ-68254]
Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request to vacate two public alleys located south of Alta Drive, between Desert
Lane and Martin L King Boulevard.

ANALYSIS

The subject public alleys which are proposed to be vacated are adjacent to the Highland
Villas Apartment Complex. Per the submitted justification letter, the applicant has been
encouraged to pursue a vacation of the public alleys by NDOT (Nevada Department of
Transportation). Currently, Highland Villas shares the subject public alleys with adjacent
commercial uses to the east. However, due to Project Neon, these commercial uses
will be demolished in order to allow a realignment of Martin L King Boulevard.
Therefore, the alleys will no longer be needed and staff recommends approval of the
Vacation request.

This proposed vacation was submitted to various City Departments for comment. The
Fire Department has commented that fire lane access must be maintained in place of
the existing allies. Any alterations or changes will require Fire Department approval
through revised civil drawings.

FINDINGS (VAC-69194)

The Department of Public Works presents the following information concerning this
Requested Vacation:

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


N/A as the Petition of Vacation will completely eliminate the rights-of-way for the
alley between Martin L. King Boulevard and Desert Lane south of Alta Drive.
B. From a traffic handling viewpoint will this vacation request result in a reduced
traffic handling capability? No.
C. Does it appear that the vacation request involves only excess right-of-way? No,
it is to eliminate an alley between an apartment complex and the new alignment
of Martin L. King Boulevard.
D. Does this vacation request coincide with development plans of the adjacent
parcels? The owner of Highland Villas would like to secure the alley as a part of
their parking lot, but we are not aware of an official development plan submittal.

CS
VAC-69194 [PRJ-68254]
Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

E. Does this vacation request eliminate public street access to any abutting parcel?
No. All Parcels have the same access to existing public streets.
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? Public Works has some concerns over the applicants assertion of
grounds for potential litigation referenced in the Justification Letter. However, if
the recommended Conditions of Approval are imposed, in particular the
agreement with the City Attorney, Public Works does not object to the petition of
vacation.

LEGAL DESCRTIPTION

PUBLIC RIGHT-OF-WAY VACATION

A PORTION OF THE NORTHEAST QUARTER (NE1/4) OF THE SOUTHWEST


QUARTER (SW1/4) OF SECTION 33, TOWNSHIP 20 SOUTH, RANGE 61 EAST,
M.D.M., CITY OF LAS VEGAS, CLARK COUNTY, NEVADA.

COMMENCING AT THE NORTHEAST (NE) CORNER OF THE NORTHEAST


QUARTER (NE1/4) OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 33 AS
SHOWN IN FILE 120 OF PARCEL MAPS, PAGE 81, CLARK COUNTY, NEVADA
OFFICIAL RECORDS; THENCE NORTH 894618 WEST, A DISTANCE OF 150.71
FEET TO THE POINT OF BEGINNING; THENCE SOUTH 002344 WEST A
DISTANCE OF 280.05 FEET; THENCE SOUTH 112755 WEST, A DISTANCE OF
50.93 FEET; THENCE NORTH 894618 WEST, A DISTANCE OF 140.12 FEET TO
THE EASTERLY RIGHT-OF-WAY LINE OF DESERT LANE (60 FT. PUBLICLY
DEDICATED); THENCE NORTH 002243 EAST, A DISTANCE OF 310.00 FEET TO
THE SOUTHERLY RIGHT-OF-WAY OF ALTA DRIVE (WIDTH VARIES, PUBLICLY
DEDICATED); THENCE SOUTH 894618 EAST ALONG SAID LINE, A DISTANCE
OF 20.00 FEET TO THE POINT OF BEGINNING.

THIS DESCRIPTION CONTAINS 8,965 SQUARE FEET, MORE OR LESS.

BASIS OF BEARING: NORTH 894618 WEST, BEING THE NORTH LINE OF THE
NE1/4 OF THE SW1/4 OF SECTION 33, TOWNSHIP 20 SOUTH, RANGE 61 EAST,
M.D.M. PER FILE 120 OF PARCEL MAPS, PAGE 81, CLARK COUNTY, NEVADA
OFFICIAL RECORDS.

CS
VAC-69194 [PRJ-68254]
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

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


The City Council approved a request for a Rezoning (Z-20-97) for
properties located between Alta Drive and Charleston Boulevard and
05/27/97 martin L. King Boulevard and Rancho Drive-from: R-1, R-3, R-4, R-5, R-
E, P-R, C-1, C-2, and C-V to PD (Planned Development Size: 171
Acres).
The City Council approved a request for a Major Modification (Z-0020-
97(33) to the Las Vegas Medical District Neighborhood Plan to update
and revise the Plan document, as part of the City's General Plan for the
06/19/02
area bounded by Alta Drive to the north, Charleston Boulevard to the
south, Martin L. King Boulevard to the east and Rancho Drive to the
west.
The City Council approved General Plan Amendment (GPA-55281) on a
request to relocate electrical transmission lines generally along Martin L
10/15/14 King Boulevard North of Alta Drive, Desert Lane between Alta Drive and
Hastings Avenue, and east of Interstate 15 North and South of
Charleston Boulevard (APNs Multiple).

Most Recent Change of Ownership


08/11/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


Code Enforcement issued Case #176004 for a complaint about
03/14/17
asbestos abatement in apartments. The case remains open.
Building Permit #337932 was issued to allow reroof work on an
03/15/17
apartment complex. The permit remains open.

Pre-Application Meeting
Staff conducted a pre-application meeting with the applicant where the
12/10/16
submittal requirements and deadlines were reviewed.

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

CS
VAC-69194 [PRJ-68254]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

Field Check
Staff conducted a routine site visit and found a multi-family building
03/02/17 currently undergoing renovations. There were no signs of trash or
debris.

Details of Application Request


Site Area
Net Acres 0.21

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Multi-Family LVMD (Las Vegas P-D (Planned
Property Residential Medical District) Development)
Office, Other than C-1 (Limited
North MXU (Mixed Use)
listed Commercial)
Multi-Family LVMD (Las Vegas P-D (Planned
South
Residential Medical District) Development)
Future extension LVMD (Las Vegas P-D (Planned
East
of MLK Boulevard Medical District) Development)
Individual Care
LVMD (Las Vegas P-D (Planned
West Center (Child
Medical District) Development)
Care)

Master and Neighborhood Plan Areas Compliance


Las Vegas Medical District Y
Special Purpose and Overlay Districts Compliance
Live/Work Overlay District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Y
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

CS
VAC-69194



VAC-69194

VAC-69194

VAC-69194

VAC-69194

VAC-69194

VAC-69194
VAC-69194

VAC-69194

VAC-69194

VAC-69194

VAC-69194

VAC-69194

VAC-69194

VAC-69194
VAC-69194 [PRJ-68254] - VACATION - APPLICANT/OWNER: HV APTS, LLC
SOUTH OF ALTA DRIVE, BETWEEN DESERT LANE AND MARTIN L KING BOULEVARD
03/02/17
VAC-69194 [PRJ-68254] - VACATION - APPLICANT/OWNER: HV APTS, LLC
SOUTH OF ALTA DRIVE, BETWEEN DESERT LANE AND MARTIN L KING BOULEVARD
03/02/17
VAC-69194 [PRJ-68254] - VACATION - APPLICANT/OWNER: HV APTS, LLC
SOUTH OF ALTA DRIVE, BETWEEN DESERT LANE AND MARTIN L KING BOULEVARD
03/02/17
VAC-69194 [PRJ-68254] - VACATION - APPLICANT/OWNER: HV APTS, LLC
SOUTH OF ALTA DRIVE, BETWEEN DESERT LANE AND MARTIN L KING BOULEVARD
03/02/17
VAC-69194 [PRJ-68254] - VACATION - APPLICANT/OWNER: HV APTS, LLC
SOUTH OF ALTA DRIVE, BETWEEN DESERT LANE AND MARTIN L KING BOULEVARD
03/02/17
VAC-69194 [PRJ-68254] - VACATION - APPLICANT/OWNER: HV APTS, LLC
SOUTH OF ALTA DRIVE, BETWEEN DESERT LANE AND MARTIN L KING BOULEVARD
03/02/17
VAC-69194 [PRJ-68254] - VACATION - APPLICANT/OWNER: HV APTS, LLC
SOUTH OF ALTA DRIVE, BETWEEN DESERT LANE AND MARTIN L KING BOULEVARD
03/02/17
VAC-69194 [PRJ-68254] - VACATION - APPLICANT/OWNER: HV APTS, LLC
SOUTH OF ALTA DRIVE, BETWEEN DESERT LANE AND MARTIN L KING BOULEVARD
03/02/17

VAC-69194

VAC-69194
Agenda Item No.: 17.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
GPA-68781 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT:
BRITIM CONSTRUCTION - OWNER: MATLOCK HOLDINGS IV, LLC - For possible action
on a request for a General Plan Amendment FROM: R (RURAL DENSITY RESIDENTIAL)
TO: M (MEDIUM DENSITY RESIDENTIAL) on 2.49 acres at 5097 Roberta Lane (APN 138-
13-801-002), Ward 5 (Barlow) [PRJ-68576]. Staff recommends DENIAL.

C.C.: 5/17/2017

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-68781, ZON-68782 and SDR-68784 [PRJ-68576]
2. Location and Aerial Maps
3. Conditions and Staff Report - GPA-68781, ZON-68782 and SDR-68784 [PRJ-68576]
4. Supporting Documentation - GPA-68781, ZON-68782 and SDR-68784 [PRJ-68576]
5. Photo(s) - GPA-68781, ZON-68782 and SDR-68784 [PRJ-68576]
6. Justification Letter - GPA-68781, ZON-68782 and SDR-68784 [PRJ-68576]
7. Clark County School District Development Tracking Form - GPA-68781, ZON-68782 and
SDR-68784 [PRJ-68576]
8. Clark County Department of Aviation Comments - GPA-68781, ZON-68782 and SDR-68784
[PRJ-68576]
9. Protest Postcard for GPA-68781 and ZON-68782 [PRJ-68576]
Nora Lares

From: Steve Gebeke


Sent: Monday, April 03, 2017 3:01 PM
To: Nora Lares; Carman Burney April 3 2017
Cc: Jonathan Boyles; Peter Lowenstein
Subject: FW: Brooks Apartment Complex PRJ68576 - Abeyance Request

Follow Up Flag: Follow up


Flag Status: Flagged

Seerequestforabeyancebelow,from04/11to05/09PC.Thanks.



SteveGebeke,AICP|PlanningSupervisor
DepartmentofPlanning
DevelopmentServicesCenter
333N.RanchoDrive,3rdFloor
7022295410Office|7024747463Fax

lasvegasnevada.gov




From: Melvin Green [mailto:melvin@kmearchitects.com]
Sent: Monday, April 03, 2017 11:57 AM
To: Jonathan Boyles
Cc: 'Tim Brooks'; 'Tim'
Subject: Brooks Apartment Complex PRJ68576

Jonathan,

IjustreceiveddirectionfromtheownertoremovetheabovereferencedprojectfortheApril11,2017Planning
Commissionmeetingtogiveusmoretimetoworkwiththesurroundinghomeowners.HewouldletitmovedtotheMay
09,2017PlanningCommissionMeetingdate.PleaseletmeknowwhatIneedtosubmit.Thanks.

Regards,

MelvinGreen
NCARB,APEC,NOMA
Principal



GPA-68781, ZON-68782 and SDR-68784


1


KMELasVegas KMEAtlanta KMEGuam
5588S.FortApache 200PeachtreeSt. 770SunsetBoulevard
Suite#110 Suite#206 Suite231
LasVegas,NV89148 Atlanta,GA30303 Tiyan,Guam96913
o.702.888.2088
f.702.888.2089


architecture~sustainabledesign~masterplanning


GPA-68781, ZON-68782 and SDR-68784


2
GPA-68781, ZON-68782 and SDR-68784 [PRJ-68576]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: BRITIM CONSTRUCTION - OWNER: MATLOCK
HOLDINGS IV, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
GPA-68781 Staff recommends DENIAL.
ZON-68782 Staff recommends DENIAL. GPA-68781
SDR-68784 Staff recommends DENIAL, if approved subject to GPA-68781
conditions: ZON-68782

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 11

NOTICES MAILED 353 - GPA-68781 and ZON-68782


353 - SDR-68784

PROTESTS 1 - GPA-68781 and ZON-68782


1 - SDR-68784

APPROVALS 0 - GPA-68781 and ZON-68782


0 - SDR-68784

JB
GPA-68781, ZON-68782 and SDR-68784 [PRJ-68576]
Conditions Page One
April 11, 2017 - Planning Commission Meeting

** CONDITIONS **

SDR-68784 CONDITIONS
Planning

1. Approval of General Plan Amendment (GPA-68781) and Rezoning (ZON-68782)


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 01/30/17, except as amended by conditions
herein.

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

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

6. The minimum distance between buildings shall be 10 feet.

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


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

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

9. Prior to the submittal of a building permit application, the applicant shall meet with
Department of Planning staff to develop a comprehensive address plan for the
subject site. A copy of the approved address plan shall be submitted with any
future building permit applications related to the site

JB
GPA-68781, ZON-68782 and SDR-68784 [PRJ-68576]
Conditions Page Two
April 11, 2017 - Planning Commission Meeting

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

Public Works

11. 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.

12. 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).

13. 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.

14. 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.

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

16. 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

JB
GPA-68781, ZON-68782 and SDR-68784 [PRJ-68576]
Conditions Page Three
April 11, 2017 - Planning Commission Meeting

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.

17. 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.

JB
GPA-68781, ZON-68782 and SDR-68784 [PRJ-68576]
Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to construct a two-story, 40-unit apartment complex, 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 M (Medium 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-3 (Medium Density Residential). Staff does not support this
request.
The Multi-Family Residential use is permitted in the proposed R-3 (Medium Density
Residential) zoning district, but requires a Site Development Plan Review.

ANALYSIS

This is a request for a General Plan Amendment (GPA-68781) from R (Rural Density
Residential) to M (Medium Density Residential) and Rezoning (ZON-68782) from U
(Undeveloped) [R (Rural Density Residential) to R-3 (Medium Density Residential) on
approximately 2.49 acres located at 5097 Roberta Lane. The applicant has proposed to
develop the subject site into a two-story multi-family residential development containing
16 one-bedroom units and 24 two-bedroom units, which requires an associated Site
Development Plan Review (SDR-68784).

The subject site is located within Southwest Sector Plan area. The proposed M
(Medium Density Residential) general plan designation is compatible with the proposed
R-3 (Medium Density Residential) zoning district, which will allow the proposed multi-
family residential development as a permitted land use. However, the proposed
changes to the subject sites general plan and zoning designation will allow a dwelling
unit density of 25.49, which is incompatible with the existing rural density single-family
residences in the area.

The proposed building is 33 feet in height measured to the top of the flat roof line, and
will cover approximately 26% of the 2.49 acre site. The submitted building elevations
indicate the building faades will have a light brown and dark brown stucco finish, with
tile roofing, which is incorporated along all sides of the building.

JB
GPA-68781, ZON-68782 and SDR-68784 [PRJ-68576]
Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

The on-site parking areas are located along the eastern and southern perimeters of the
subject site. The site will provide 69 total parking spaces, including three handicapped
parking spaces, which complies with the 69 parking spaces required by Title 19.12.010
for a Multi-Family Residential development with 16 one-bedroom units and 24 two-
bedroom units. The submitted site plans indicates 20 of the 69 proposed parking spaces
(approximately 29%), will be designed as compact parking spaces. Per Title 19.08
minimum of seventy percent of the parking spaces shall be standard size and up to
thirty percent of the required on-site parking spaces may be designated as compact
parking spaces.

The trash enclosure is located in the southeastern corner of the site and is designed to
comply with Title 19.08 standards, which requires it to be screened, gated and covered.
The primary tree species being utilized are 24 box African Sumac, 24 box Desert
Willow, and Date Palm trees, which are consistent with the Southern Nevada Regional
Plan Coalition Regional Plant List. In addition, the applicant has proposed to install a
six-foot tall wrought iron wall/fence at the required 10-foot building setback on Roberta
Lane and 15 feet from Apricot Lane; with existing screen walls located on the southern
and eastern perimeter of the property.

As the development is inconsistent with the surrounding single-family developments,


staff recommends denial of the associated General Plan Amendment, Rezoning and
Site Development Plan Review requests, with conditions.

FINDINGS (GPA-68781)

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 M (Medium Density Residential) General Plan designation will


allow a dwelling unit density of 25.49, which is inconsistent with the adjacent
rural density single-family residential land uses surrounding the subject site.

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


compatible with the existing adjacent land uses or zoning districts,

The applicant has proposed a Rezoning (ZON-68782) from U (Undeveloped) [R


(Rural Density Residential) to R-3 (Medium Density Residential) on the subject
site, which is consistent with the proposed M (Medium Density Residential)
General Plan designation.

JB
GPA-68781, ZON-68782 and SDR-68784 [PRJ-68576]
Staff Report Page Three
April 11, 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 subject site is approximately 1,000 feet from Smoke Ranch Road and
Decatur Boulevard, which are both Primary Arterials and provide access to
transportation and recreational facilities to accommodate the proposed multi-
family use.

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


policies that include approved neighborhood plans.

All applicable plans and policies are met with the proposed amendment.

FINDINGS (ZON-68782)

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 from U (Undeveloped) [R (Rural Density Residential) to


R-3 (Medium Density Residential) is in conformance with the proposed M
(Medium Density Residential) designation under the Southwest Sector Plan of the
General Plan. However, staff is recommending denial of the proposed General
Plan Amendment (GPA-68781).

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 purpose of the R-3 District is to provide for the development of a variety of
multi-family units such as duplexes, townhouses and medium density
apartments. The applicant has proposed to develop the site with a 40-unit Multi-
Family Residential development, which is incompatible with the surrounding
rural density single-family residential development.

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

The proposed R-3 (Medium Density Residential) is not an appropriate zoning


designation for the area, as it is incompatible with the surrounding rural density
single-family residential development.

JB
GPA-68781, ZON-68782 and SDR-68784 [PRJ-68576]
Staff Report Page Four
April 11, 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.

Primary site access is from Roberta Lane and Apricot Lane both are classified
as 60-foot Local Streets, which provide adequate capacity to serve the
proposed use.

FINDINGS (SDR-68784)

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 40-unit Multi-Family Residential development is incompatible with


the adjacent rural density single-family residential developments in the area. In
addition, the proposed 33-foot tall structures are contextually inappropriate with
other buildings in the area. However, staff is recommending denial of the
proposed General Plan Amendment (GPA-68781).

2. The proposed development is consistent with the General Plan, this Title,
the Design Standards Manual, the Landscape, Wall and Buffer Standards,
and other duly-adopted city plans, policies and standards;

The proposed 40-unit Multi-Family Residential development is consistent with the


proposed M (Medium Density Residential) General Plan designation and complies
with all Title 19 development standards with sufficient landscaping.

3. Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;

Primary site access is from Roberta Lane and Apricot Lane both are classified as
60-foot Local Streets, which provide adequate capacity to serve the proposed use.
The submitted site plan indicates the required 60-foot Minor Collector Street half
street improvements will be completed adjacent to the subject site.

4. Building and landscape materials are appropriate for the area and for the
City;

The project design and style are inappropriate for the subject location and will not
be harmonious with the rural density single-family residential in the surrounding
area.

JB
GPA-68781, ZON-68782 and SDR-68784 [PRJ-68576]
Staff Report Page Five
April 11, 2017 - Planning Commission Meeting

5. Building elevations, design characteristics and other architectural and


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

The design characteristics of the proposed building elevations are not compatible
with the rural density single-family residential development in the area.

6. Appropriate measures are taken to secure and protect the public health,
safety and general welfare.

The proposed Multi-Family Residential development will be subject to inspections


in order to protect the public health, safety and general welfare by City staff.

BACKGROUND INFORMATION

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


The 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.
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
02/14/08
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.

JB
GPA-68781, ZON-68782 and SDR-68784 [PRJ-68576]
Staff Report Page Six
April 11, 2017 - Planning Commission Meeting

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


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
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.

Most Recent Change of Ownership


05/13/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#93572) was issued for a wall/fence located at 5097
07/11/07
Roberta Lane. The permit has not been finalized

Pre-Application Meeting
A pre-application meeting was conducted with the applicant to go over
the application materials and submittal requirements for a Site
01/12/17
Development Plan Review, General Plan Amendment and Rezoning
for a proposed 40-unit multi-family development.

Neighborhood Meeting
A neighborhood meeting was held at Doris Reed Elementary School at
2501 Winwood Street at 5:30pm to discuss the proposed General Plan
Amendment, Rezoning and Site Development Plan Review for a
proposed 40-unit multi-family residential development at 5097 Roberta
03/22/17 Lane, Assessors Parcel 138-13-801-002.

The meeting was attended by one staff member; there were twenty-
four (24) members of the public at the meeting which raised the
following concerns to the proposed development.

JB
GPA-68781, ZON-68782 and SDR-68784 [PRJ-68576]
Staff Report Page Seven
April 11, 2017 - Planning Commission Meeting

Neighborhood Meeting
Issues
1. Concerns were raised about the proposed height of the
structures.
a. The applicant indicated the structures would be two
stories in height.
2. Concerns were raised about an increase in the volume of daily
traffic in the area.
3. Concerns were raised regarding the proposed density of the
development.
a. The applicant indicated that the proposed project is
providing 40 units, on-site parking that meets code
requirements and dense landscaping to screen the
development.
4. Very strong concerns were raised about changing the rural
characteristics of the neighborhood. Neighbors were adamant
about keeping the existing R (Rural Density Residential)
general plan designation of the property. Neighbors indicated
they had paid a premium to live in a rural neighborhood.
5. Concerns were raised regarding site security and increase
crime in the area.
6. Concerns were raised about if this development will accept
Section 8.
a. The applicant indicated this project is not intended to be
utilized as affordable housing, and that it intended to
attract high-end tenants.
7. Concerns were raised about this development lowering the
property values of the homes in the area.
8. Concerns were raised about the impact this development would
have to the occupancy rates of the existing schools in the area.
9. Concerns were raised about smells from existing animals on the
rural properties and how they will affect the development.
10. Neighbors suggested an alternative site for the proposed
development on Smoke Ranch road and Michael Way.
Ultimately neighbors indicated they would not support any
development which does not align with the existing R (Rural Density
Residential) general plan designation of the property.

Field Check
Staff conducted a routine site visit and found the subject site to be a
well maintained undeveloped parcel of land free from trash and debris.
03/02/17
However, there was abandoned vehicle located on the south western
perimeter of the property.

JB
GPA-68781, ZON-68782 and SDR-68784 [PRJ-68576]
Staff Report Page Eight
April 11, 2017 - Planning Commission Meeting

Details of Application Request


Site Area
Net 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 R-E (Rural Estates
Single-Family
South Neighborhood) Residential) Clark
Residential
Clark County County
RN (Rural R-E (Rural Estates
Single-Family
East Neighborhood) Residential) Clark
Residential
Clark County County
Single-Family RN (Rural R-E (Rural Estates
West Residential Neighborhood) Residential) Clark
Undeveloped Clark County County

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
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

JB
GPA-68781, ZON-68782 and SDR-68784 [PRJ-68576]
Staff Report Page Nine
April 11, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to 19.06.110, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size 6,500 SF 108,464 SF Y
Min. Setbacks
Front 10 Feet 20 Feet Y
Side 5 Feet 77 Feet Y
Corner 5 Feet 20 Feet Y
Rear 20 Feet 62 Feet Y
Min. Distance Between Buildings 10 Feet 10 Feet Y
Max. Building Height 55 Feet 33 Feet Y
Screened,
Gated, w/ a
Trash Enclosure Y
Screened, Gated, w/ a Roof or
Roof or Trellis Trellis
Not
Mech. Equipment Screened Indicated Not Indicated

Existing Zoning Permitted Density Units Allowed


U (Undeveloped) [R (Rural
Density Residential) 1 du/ac 1
General Plan Designation]
Proposed Zoning Permitted Density Units Allowed
R-3 (Medium Density
25.49 du/ac * 63
Residential)
Existing General Plan Permitted Density Units Allowed
R (Rural Density
3.59 8
Residential)
Proposed General Plan Permitted Density Units Allowed
M (Medium Density
25.49 du/ac 63
Residential)
* 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 M (Medium Density Residential), which allows up to 25.49 DUA.

JB
GPA-68781, ZON-68782 and SDR-68784 [PRJ-68576]
Staff Report Page Ten
April 11, 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 22 Trees Y
South 1 Tree / 20 Linear Feet 16 Trees 19 Trees Y
East 1 Tree / 20 Linear Feet 18 Trees 20 Trees Y
West 1 Tree / 20 Linear Feet 16 Trees 23 Trees Y
TOTAL PERIMETER TREES 63 Trees 84 Trees Y
1 Tree / 6 Uncovered
Parking Area Spaces, plus 1 tree at the
17 Trees 17 Trees Y
Trees end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North 10 Feet 10 Feet Y
South 6 Feet 6 Feet Y
East 6 Feet 6 Feet Y
West 10 Feet 15 Feet Y
Wall Height 6 to 8 Feet Adjacent to Residential 6 Foot Y

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Apricot Lane Local Street Title 13 0 N
Roberta Lane Local Street Title 13 30 N

JB
GPA-68781, ZON-68782 and SDR-68784 [PRJ-68576]
Staff Report Page Eleven
April 11, 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
16 (One-
Bedroom 1:1.25 20
Units)
24 (Two-
Bedroom 1:1.75 42
40 Unit
Units)
Multi-Family
Plus one
Residential
additional
Guest parking
7
Parking space for
every six
units
TOTAL SPACES REQUIRED 69 69 Y
Regular and Handicap Spaces Required 66 3 66 3 Y

JB
GPA-68781



GPA-68781



GPA-68781

ML

ROW

LA CRESTA ST
MADRE MESA DR

SC
PF M

ROBERTA LN
CHARTO LN

SUBJECT BEVVIE DR

PROPERTY
TAPPI ST

PR-OS
MLA
N MICHA

SONNY HARRIS LN
TRETTER
E
W AY
L WAY

APRICOT LN

SMOKE RANC H RD

FROM R TO M
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
M - Medium
RE - Rural Estates District TC - Town Center
Not City
DR - Desert Rural H - High LI/R - Light Industrial / Research
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.
SC - Service Com mercial PR-OS - Park/Recreation/ Geographic Inform ation System
L - Low 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

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GPA-68781, ZON-68782 and SDR-68784 [PRJ-68576]


GPA-68781 [PRJ-68576] - GENERAL PLAN AMENDMENT RELATED TO ZON-68782 AND SDR-68784 - APPLICANT:
BRITIM CONSTRUCTION - OWNER: MATLOCK HOLDINGS IV, LLC
5097 ROBERTA LANE
03/02/17
GPA-68781 [PRJ-68576] - GENERAL PLAN AMENDMENT RELATED TO ZON-68782 AND SDR-68784 - APPLICANT:
BRITIM CONSTRUCTION - OWNER: MATLOCK HOLDINGS IV, LLC
5097 ROBERTA LANE
03/02/17
GPA-68781 [PRJ-68576] - GENERAL PLAN AMENDMENT RELATED TO ZON-68782 AND SDR-68784 - APPLICANT:
BRITIM CONSTRUCTION - OWNER: MATLOCK HOLDINGS IV, LLC
5097 ROBERTA LANE
03/02/17
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GPA-68781, ZON-68782 and SDR-68784 - REVISED


GPA-68781, ZON-68782 and SDR-68784
CITY OF LAS VEGAS
PLANNING COMMISSION AND CITY COUNCIL
RECOMMENDATIONS / COMMENTS

FROM: CLARK COUNTY DEPARTMENT OF AVIATION

APPLICATION NUMBERS: GPA-68781 / ZON-68782 / SDR-68784

PROJECT: BROOKS APARTMENTS

LOCATION: 138-13-801-002

MEETING DATES: APRIL 11, 2017 PLANNING COMMISSION & MAY


17, 2017, CITY COUNCIL

COMMENTS:

Federal Aviation Regulations (Title 14, Part 77) require that the Federal Aviation Administration
(FAA) be notified before the construction or alteration of any building or structure greater than
200 feet in height ( 77.13(a)(1)) or that will exceed a slope of 100:1 for a distance of 20,000
feet from the nearest point of any airport runway greater than 3,200 feet in length ( 77.13
(a)(2)(i)). Such notification allows the FAA to determine what impact, if any, the proposed
development will have upon navigable airspace, and allows the FAA to determine whether the
development requires obstruction marking or lighting.

The proposed development will exceed the 100:1 notice requirement for McCarran International
Airport (LAS). Therefore, as required by 14 CFR Part 77, the FAA must be notified of the
proposed construction or alteration. The CCDOA requests that the City of Las Vegas impose
the conditions listed below for the project:

Applicant is required to file a valid FAA Form 7460-1, "Notice of Proposed Construction
or Alteration" with the FAA, in accordance with 14 CFR Part 77, or submit to the Clark
County Director of Aviation a Property Owners Shielding Determination Statement
and request written concurrence from the Clark County Department of Aviation;
No Building Permit or other construction permit shall be issued for any structure greater
than 35 feet above the surface of land that, based upon the FAAs 7460 airspace
determination (the outcome of filing the FAA Form 7460-1), would (a) constitute a
hazard to air navigation, (b) would result in an increase to minimum flight altitudes
during any phase of flight (unless approved by the Department of Aviation), or (c) would
otherwise be determined to pose a significant adverse impact on airport or aircraft
operations.
Applicant is advised that FAAs airspace determinations are dependent on petitions by
any interested party and the height that will not present a hazard as determined by the
FAA may change based on these comments.
Applicant is advised that the FAAs airspace determinations include expiration dates and
that the separate airspace determinations will be needed for construction cranes or other
temporary equipment.
Agenda Item No.: 18.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
ZON-68782 - REZONING RELATED TO GPA-68781 - PUBLIC HEARING - APPLICANT:
BRITIM CONSTRUCTION - 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-3 (MEDIUM DENSITY
RESIDENTIAL) on 2.49 acres at 5097 Roberta Lane (APN 138-13-801-002), Ward 5 (Barlow)
[PRJ-68576]. Staff recommends DENIAL.

C.C.: 5/17/2017

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-68782 and SDR-68784 [PRJ-68576]
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-68782



ZON-68782


ZON-68782

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

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N MICHA

SONNY HARRIS LN
TRETTER
E
W AY
L WAY

APRICOT LN

R-D R-E
SMOKE RANC H RD

Zoning FROM U(R) TO R-3


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 this map is for reference only.
R-1 - Single Family Geographic Inform ation 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: Wednesday, March 01, 2017
and Parking
7

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Agenda Item No.: 19.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
SDR-68784 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-68781 AND ZON-
68782 - PUBLIC HEARING - APPLICANT: BRITIM CONSTRUCTION - OWNER:
MATLOCK HOLDINGS IV, LLC - For possible action on a request for a Site Development
Plan Review FOR A PROPOSED 40-UNIT MULTI-FAMILY RESIDENTIAL
DEVELOPMENT on 2.49 acres at 5097 Roberta Lane (APN 138-13-801-002), U (Undeveloped)
Zone [R (Rural Density Residential) General Plan Designation] [PROPOSED: R-3 (Medium
Density Residential)], Ward 5 (Barlow) [PRJ-68576]. Staff recommends DENIAL.

C.C.: 5/17/2017

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, 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.
SDR-68784



SDR-68784



Agenda Item No.: 20.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
GPA-68886 - GENERAL PLAN AMENDMENT - PUBLIC HEARING -
APPLICANT/OWNER: FDD INVESTMENTS, LLC - For possible action on a request for a
General Plan Amendment FROM: M (MEDIUM DENSITY RESIDENTIAL) TO: H (HIGH
DENSITY RESIDENTIAL) on 0.89 acres on the northwest corner of Charleston Boulevard and
Shiloah Drive (APNs 140-31-401-038 through 040), Ward 3 (Coffin) [PRJ-68884]. Staff
recommends DENIAL.

C.C.: 5/17/2017

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. Staff Report - GPA-68886 and ZON-68887 [PRJ-68884]
3. Supporting Documentation - GPA-68886 and ZON-68887 [PRJ-68884]
4. Photo(s) - GPA-68886 and ZON-68887 [PRJ-68884]
5. Justification Letter - GPA-68886 and ZON-68887 [PRJ-68884]
6. Clark County School District Development Tracking Form - GPA-68886 and ZON-68887
[PRJ-68884]
GPA-68886 and ZON-68887 [PRJ-68884]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: FDD INVESTMENTS, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
GPA-68886 Staff recommends APPROVAL.

ZON-68887 Staff recommends APPROVAL. GPA-68886

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 23

NOTICES MAILED 251

PROTESTS 0

APPROVALS 0

PB
GPA-68886 and ZON-68887 [PRJ-68884]
Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to amend the General Plan land use designation to H (High
Density Residential) and the zoning designation to R-3 (Medium Density Residential) on
three parcels to allow the parcels to be combined for a future apartment development
opportunity.

ISSUES

The applicant has submitted a Site Development Plan Review (SDR-68888) for a
44-unit apartment building, but that item wont be on the agenda until the May 9,
2017 Planning Commission meeting.
The applicant has therefore asked for an abeyance of the General Plan
Amendment (GPA-68886) and Rezoning (ZON-68887) to the May 9, 2017
meeting to be heard concurrent with the Site Development Plan Review
(SDR-68888).

ANALYSIS

This is a request for a General Plan Amendment (GPA-68886) from M (Medium Density
Residential) to H (High Density Residential) and Rezoning (ZON-68887) from R-2
(Medium-Low Density Residential) to R-3 (Medium Density Residential) three parcels
totaling approximately 0.89 acres located on the northwest corner of Charleston
Boulevard and Shiloah Drive.

The subject site is located within Southeast Sector Plan area. The proposed H (High
Density Residential) general plan designation is compatible with the proposed R-3
(Medium Density Residential) zoning district, which will allow future use of the site as a
multi-family residential development as a permitted land use. The proposed changes to
the subject sites general plan and zoning designation, will not limit the density proposed
for the site in the future. If the zoning was changed but the general plan designation
was not, the density on the site would be limited to 22 units.

The applicant has submitted a Site Development Plan Review (SDR-68888) for a 44-
unit apartment building, but that item wont be on an agenda until the May 9, 2017
Planning Commission meeting. The applicant has therefore asked for an abeyance of
the General Plan Amendment (GPA-68886) and Rezoning (ZON-68887) to the May 9,
2017 meeting to be heard concurrent with the Site Development Plan Review (SDR-
68888). Staff supports this request.
PB
GPA-68886 and ZON-68887 [PRJ-68884]
Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

FINDINGS (GPA-68886)

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 designation would allow residential development without a


restrictions on density. The subject site is surrounded by a 65-unit multi-family
development, a trade school, a mini storage facility and across Charleston
Boulevard a single family residential development in Clark County.

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


compatible with the existing adjacent land uses or zoning districts,

The subject site is flanked by C-1 (Limited Commercial) zoned properties on the
west and east, R-1 (Single Family Residential zoned property to the north, and
across Charleston Boulevard the property is in Clark County and is zoned R-1
(Single Family Residential).

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


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

Charleston Boulevard is a Primary Arterial and Shiloah Drive is a local street.


Charleston Boulevard will provide adequate access to facilities for the uses and
densities permitted in the H (High Density Residential) general plan designation.

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


policies that include approved neighborhood plans.

Uses allowed under the H (High Density Residential) general plan designation
could easily conform with the citys adopted plans and policies.

FINDINGS (ZON-68887)

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.

PB
GPA-68886 and ZON-68887 [PRJ-68884]
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

If the companion application for a General Plan Amendment (GPA-68886) to H


(High Density Residential) land use designation is approved, the proposed
rezoning to R-3 (Medium Density Residential) 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 proposed R-3 (Medium Density Residential) zoning would be compatible with
the surrounding sites land use and zoning districts which are SC (Service
Commercial) and C-1 (Limited Commercial) on the east and the west; M (Medium
Density Residential) and R-1 (Single Family Residential) to the north, and across
the 100-foot wide Primary Arterial, Charleston Boulevard, a single family
development in Clark County.

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

The subject site is located directly on Charleston Boulevard, a Primary Arterial,


with excellent access to public transportation, services, jobs, schools, and parks.
The majority of the site is currently developed with multi-family residential and the
proposed rezoning would allow that use to continue at a higher density.

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 is located directly on Charleston Boulevard, a Primary Arterial,


with excellent access to public transportation, services, jobs, schools, and parks.

BACKGROUND INFORMATION

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


There are no relevant city actions on the site.

Most Recent Change of Ownership


02/01/13 A deed was recorded for a change in ownership.

PB
GPA-68886 and ZON-68887 [PRJ-68884]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


The apartment building at 3839 East Charleston Boulevard was
1955
constructed.
A demolition permit (#336420) was issued to demolish the home at
01/22/17
106 Shiloah Drive.

Pre-Application Meeting
A preapplication conference with the applicant was held by staff with
02/02/17
the focus being the submittal requirements for the applications.

Neighborhood Meeting
A neighborhood meeting was held at the CLV East Las Vegas
Community Center at 250 N. Eastern Avenue.

Meeting Start Time: 6:00 p.m.


Meeting End Time: 6:35 p.m.
03/22/17 Two (2) representative from the applicant
Zero (0) members of the public were in attendance
One (1) member of the Planning Department in attendance.

There were no members of the public that was present for this
meeting.

Field Check
Staff completed a routine site visit, noting a multi-family development
03/02/17 and a single family dwelling that has been boarded up to prevent
squatters. The dwelling has since been demolished.

Details of Application Request


Site Area
Net Acres 0.89

PB
GPA-68886 and ZON-68887 [PRJ-68884]
Staff Report Page Five
April 11, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
M (Medium Density
Subject Apartment / Residential) R-2 (Medium-Low
Property Vacant Proposed: H (High Density Residential)
Density Residential)
M (Medium Density R-1 (Single Family
North Trade School
Residential) Residential)
Single Family
South Clark County Clark County
Dwelling
Mini-Storage SC (Service C-1 (Limited
East
Facility Commercial) Commercial)
SC (Service C-1 (Limited
West Apartments
Commercial) Commercial)

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
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

Existing Zoning Permitted Density Units Allowed


R-2 (Medium-Low Density
12.49 - 25.49 11 - 22
Residential)
Proposed Zoning Permitted Density Units Allowed
R-3 (Medium Density
25.49 - Unlimited 22 - Unlimited
Residential)
Existing General Plan Permitted Density Units Allowed
M (Medium Density
25.49 22
Residential)
Proposed General Plan Permitted Density Units Allowed
H (High Density
Unlimited Unlimited
Residential)

PB
GPA-68886 and ZON-68887 [PRJ-68884]
Staff Report Page Six
April 11, 2017 - Planning Commission Meeting

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Charleston Planned Streets and
Primary Arterial 100 Y
Boulevard Highways Map
Shiloah Drive Local Street Title 13 60 Y

PB
GPA-68886



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GPA-68886
ML
SUNRISE AVE R-MHP

MAYA ST
R-1
L

N HONOLULU ST
N PEARL ST

M
R-3
PECO S ST

JOHNSON AVE

LI/R SC

SHILOAH DR
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SUBJECT
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FROM M TO H
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

DR - Desert Rural
H - High LI/R - Light Industrial / Research
RC - Resource Conservation
Not City
PCD - Planned Community
R - Rural O - Office Subject Property GIS maps are normally produced
Development C - Downtown - Com mercial only to meet the needs of the City.
Due to continuous development activity
SC - Service Com mercial PR-OS - Park/Recreation/
L - Low MXU - Downtown - Mixed Use
this map is for reference only.
Open Space Geographic Inform ation System
Planning & Development Dept.
ML - Medium - Low GC - General Commercial TND - Tradional Neighborhood 702-229-6301
PF - Public Facility
Development
Date: Wednesday, March 01, 2017

7

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GPA-68886 and ZON-68887 - REVISED


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GPA-68886 and ZON-68887 - REVISED


GPA-68886 and ZON-68887 - REVISED




4

GPA-68886 and ZON-68887 - REVISED


GPA-68886 [PRJ-68884] - GENERAL PLAN AMENDMENT RELATED TO ZON-68887 - APPLICANT/OWNER: FDD
INVESTMENTS, LLC
NORTHWEST CORNER OF CHARLESTON BOULEVARD AND SHILOAH DRIVE
03/02/17
GPA-68886 [PRJ-68884] - GENERAL PLAN AMENDMENT RELATED TO ZON-68887 - APPLICANT/OWNER: FDD
INVESTMENTS, LLC
NORTHWEST CORNER OF CHARLESTON BOULEVARD AND SHILOAH DRIVE
03/02/17
GPA-68886 [PRJ-68884] - GENERAL PLAN AMENDMENT RELATED TO ZON-68887 - APPLICANT/OWNER: FDD
INVESTMENTS, LLC
NORTHWEST CORNER OF CHARLESTON BOULEVARD AND SHILOAH DRIVE
03/02/17
GPA-68886 [PRJ-68884] - GENERAL PLAN AMENDMENT RELATED TO ZON-68887 - APPLICANT/OWNER: FDD
INVESTMENTS, LLC
NORTHWEST CORNER OF CHARLESTON BOULEVARD AND SHILOAH DRIVE
03/02/17

GPA-68886 and ZON-68887


GPA-68886 and ZON-68887
Agenda Item No.: 21.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
ZON-68887 - REZONING RELATED TO GPA-68886 - PUBLIC HEARING -
APPLICANT/OWNER: FDD INVESTMENTS, LLC - For possible action on a request for a
Rezoning FROM: R-2 (MEDIUM-LOW DENSITY RESIDENTIAL) TO: R-3 (MEDIUM
DENSITY RESIDENTIAL) on 0.89 acres on the northwest corner of Charleston Boulevard and
Shiloah Drive (APNs 140-31-401-038 through 040), Ward 3 (Coffin) [PRJ-68884]. Staff
recommends DENIAL.

C.C.: 5/17/2017

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-68887



ZON-68887

SUNRISE AVE R-MHP

MAYA ST
R-1

N HONOLULU ST
N PEARL ST

R-3
PECO S ST

JOHNSON AVE

SHILOAH DR
C-1

C-M R-2

SUBJECT
E CHARLESTON BLVD

PROPERTY HILO AVE

HAWAII AVE
SS
AND
PEARL AVE
MAY AVE

MAUI ST

S HONOLULU ST

HIL

CENTER DR
LR

WAIKIKI AVE
D


OAHU ST

LANAI AVE

Zoning FROM R-2 TO R-3


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 this map is for reference only.
R-1 - Single Family Geographic Inform ation 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: Wednesday, March 01, 2017
and Parking
Agenda Item No.: 22.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
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.: 5/17/2017

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-69192 and ZON-69193 [PRJ-69087]
2. Location and Aerial Maps
3. Staff Report - GPA-69192 and ZON-69193 [PRJ-69087]
4. Supporting Documentation - GPA-69192 and ZON-69193 [PRJ-69087]
5. Photo(s) - GPA-69192 and ZON-69193 [PRJ-69087]
6. Justification Letter - GPA-69192 and ZON-69193 [PRJ-69087]
7. Protest Letter - GPA-69192 and ZON-69193 [PRJ-69087]
April 4 2017

April4,2017
From:SteveDimoulaspropertyowner
of4801RickyRoadLasVegasNV.89130

To:CoureyStewartDepartmentofPlanning
Mr.Stewart,
 I wouldliketopostponeApril11thGPA69192andRezoningcase(ZON69193)meeting,
TheneighborhoodassociationNorthwestAreaResidentsAssociation(NARA)hasscheduleda
secondmeetingformetopresentdesignrenderings/plansofmyproposedprojecttobeheld
onApril18th2017attheirmonthlymeetingwhichwillbeheldatParsonElementarySchool
4100ThomBlvd,LasVegas,NV89130at7:00pmonApril18th2017.
If possible to would like to be postponed to the next available GPA cycle, which is July
11thinordertoresolveanyrezoningconcernsNARAAssociationandCouncilmanBarlowoffice
Ward5mayhave.

PlanningCommissionscheduledposting:
GPA69192APPLICANT/OWNER:STEVEDIMOULASForpossible
actiononarequestforaGeneralPlanAmendmentFROM:DR
(DESERTRURALDENSITYRESIDENTIAL)TO:SC(SERVICE
COMMERCIAL)on0.59acresat4801RickyRoad(APN13812
710092),Ward5(Barlow)[PRJ69087]ZON69193Forpossible
actiononarequestforaRezoningFROM:RE(RESIDENCE
ESTATES)TO:C1(LIMITEDCOMMERCIAL)

ThankYouforyourcooperation,
SteveDimoulasPropertyOwner
Steve89130@gmail.com
Cell:7023543351


GPA-69192 and ZON-69193


GPA-69192 And ZON-69193 [PRJ-69087]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 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

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 11

NOTICES MAILED 528

PROTESTS 1

APPROVALS 0

CS
GPA-69192 And ZON-69193 [PRJ-69087]
Conditions Page One
April 11, 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) and a Rezoning from R-E (Residence Estates)
to C-1 (Limited Commercial). The subject site is located at 4801 Ricky Road. At this
time, there are no proposed development projects associated with the requested
changes.

ISSUES

The proposed General Plan Amendment and Rezoning does not adhere to the intent
of the RP-O (Rural Preservation Overlay) District.

ANALYSIS

The subject site is undeveloped and approximately 0.59 acres. It is a corner lot,
surrounded by residential uses. 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 is separated by Decatur Boulevard, zoned PUD (Planned Unit
Development) and under the City of North Las Vegas jurisdiction. It is composed of
multi-family dwellings and single family dwellings. 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 in the C-1 (Limited Commercial)
zoning district. In addition, there are other more intense uses that would require a
Conditional Use Verification or Special Use Permit in the C-1 zoning district.

At this time, no development has been proposed for the subject site. Possible restaurant
uses and tire shop uses were mentioned at the pre-application meeting. The owner
also discussed these uses at the neighborhood meeting held on 03/20/17. The majority
of the public present at the meeting were opposed to supporting the proposed General
Plan Amendment and Rezoning without knowing the exact use of the site.

The site is surrounded by residential uses and is located within a large-lot residential
development. The proposed land use designation and zoning would allow uses that are
too intense for the surrounding adjacent uses. Staff recommends denial of the request.

CS
GPA-69192 And ZON-69193 [PRJ-69087]
Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

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
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 all residentially zoned properties.
The proposed rezoning would not be compatible with the existing surrounding
land uses, as it would allow commercial uses that are too intense.

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.

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:

CS
GPA-69192 And ZON-69193 [PRJ-69087]
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

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 other 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 100-foot wide
primary arterial and Ricky Road, a 60-foot wide minor street. Decatur Boulevard
is adequate in size to meet the requirements of the proposed zoning district.

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.

Most Recent Change of Ownership


09/29/16 A deed was recorded for a change in ownership.

CS
GPA-69192 And ZON-69193 [PRJ-69087]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

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.

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
03/20/17
Public Comments/Concerns
Question of parcel size was posed
Concern was raised about setting precedent and more
properties in the area converting to commercial
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

CS
GPA-69192 And ZON-69193 [PRJ-69087]
Staff Report Page Five
April 11, 2017 - Planning Commission Meeting

Neighborhood Meeting
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
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.

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)

CS
GPA-69192 And ZON-69193 [PRJ-69087]
Staff Report Page Six
April 11, 2017 - Planning Commission Meeting

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Purpose and Overlay Districts Compliance
A-O (Airport Overlay) District Y
Rural Preservation Overlay District N
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 129 Feet Y

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Decatur
Primary Arterial Streets and 100 Y
Boulevard
Highways
Ricky Road Minor Street Title 13 60 Y

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 [PRJ-69087] - GENERAL PLAN AMENDMENT RELATED TO ZON-69193 - APPLICANT/OWNER: STEVE
DIMOULAS
4801 RICKY ROAD
03/02/17
GPA-69192 [PRJ-69087] - GENERAL PLAN AMENDMENT RELATED TO ZON-69193 - APPLICANT/OWNER: STEVE
DIMOULAS
4801 RICKY ROAD
03/02/17
GPA-69192 [PRJ-69087] - GENERAL PLAN AMENDMENT RELATED TO ZON-69193 - APPLICANT/OWNER: STEVE
DIMOULAS
4801 RICKY ROAD
03/02/17

GPA-69192 and ZON-69193


Agenda Item No.: 23.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
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.: 5/17/2017

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. 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.: 24.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
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
(Ross) [PRJ-69151]. Staff recommends DENIAL.

C.C.: 5/17/2017

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-69220 and ZON-69224 [PRJ-69151]
2. Location and Aerial Maps
3. Staff Report - GPA-69220 and ZON-69224 [PRJ-69151]
4. Supporting Documentation - GPA-69220 and ZON-69224 [PRJ-69151]
5. Photo(s) - GPA-69220 and ZON-69224 [PRJ-69151]
6. Justification Letter - GPA-69220 and ZON-69224 [PRJ-69151]
7. Clark County School District Development Tracking Form - GPA-69220 and ZON-69224
[PRJ-69151]
8. Protest Postcard for GPA-69220 and ZON-69224 [PRJ-69151]




March 23, 2017



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GPA-69220 and ZON-69224 [PRJ-69151]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 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

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 11

NOTICES MAILED 110

PROTESTS 1

APPROVALS 0

NE
GPA-69220 and ZON-69224 [PRJ-69151]
Staff Report Page One
April 11, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

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).

ISSUES

In accordance with Title 19.16, a public hearing is required for both the General Plan
Amendment application and the Rezoning application.

ANALYSIS

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 Groass 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.

An abeyance has been requested by the applicant in order to allow time for the
submittal of a Petition to Vacate Homestead Road and a Tentative Map application that
will demonstrate an overall neighborhood layout that would include the five acre parcel
to the west of the subject sites. Staff will reevaluate the proposed development once a
Petition to Vacate and Tentative Map are submitted.

NE
GPA-69220 and ZON-69224 [PRJ-69151]
Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

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.

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


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

If approved, half street improvements would be required with any future


development to provide adequate roadways for the subject sites.

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

NE
GPA-69220 and ZON-69224 [PRJ-69151]
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

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.

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.

If developed, the property owner would be required to install half-street


improvements adjacent to the subject sites in order to provide adequate access
the site.

NE
GPA-69220 and ZON-69224 [PRJ-69151]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

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.

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.

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.

Neighborhood Meeting
Meeting Start Time: 6:00 p.m.
Meeting End Time: 7:15 p.m.

Attendance: 1 Representative from the Planning Department;


03/22/17 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).

NE
GPA-69220 and ZON-69224 [PRJ-69151]
Staff Report Page Five
April 11, 2017 - Planning Commission Meeting

Neighborhood Meeting
The meeting opened with a presentation of the proposed project by the
applicants engineer followed by a question and answer session. Some
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.
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.

NE
GPA-69220 and ZON-69224 [PRJ-69151]
Staff Report Page Six
April 11, 2017 - Planning Commission Meeting

Neighborhood Meeting
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.

Field Check
During a routine field check, staff observed the undeveloped site.
03/02/17
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]
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)

NE
GPA-69220 and ZON-69224 [PRJ-69151]
Staff Report Page Seven
April 11, 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 would be
required adjacent to Moccasin Road when the subject sites are developed.

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) 26
Minimum Size Lot
Proposed Zoning Permitted Density Units Allowed
R-D (Single Family 10,000 SF
52
Residential-Restricted) Minimum Size Lot

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 and Trails End Avenue have not been installed. As part of an approved
development, the subject sites would be required to construct the half-street improvements
adjacent to the subject sites.
NE
GPA-69220 77

7777

777

77



GPA-69220


GPA-69220

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 and ZON-69224


GPA-69220 [PRJ-69151] - GENERAL PLAN AMENDMENT RELATED TO ZON-69224 - APPLICANT: VALLEY BANK
OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS
NORTHEAST CORNER OF TRAILS END AVENUE AND HOMESTEAD ROAD
03/02/17
GPA-69220 [PRJ-69151] - GENERAL PLAN AMENDMENT RELATED TO ZON-69224 - APPLICANT: VALLEY BANK
OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS
NORTHEAST CORNER OF TRAILS END AVENUE AND HOMESTEAD ROAD
03/02/17
GPA-69220 [PRJ-69151] - GENERAL PLAN AMENDMENT RELATED TO ZON-69224 - APPLICANT: VALLEY BANK
OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS
NORTHEAST CORNER OF TRAILS END AVENUE AND HOMESTEAD ROAD
03/02/17
GPA-69220 [PRJ-69151] - GENERAL PLAN AMENDMENT RELATED TO ZON-69224 - APPLICANT: VALLEY BANK
OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS
NORTHEAST CORNER OF TRAILS END AVENUE AND HOMESTEAD ROAD
03/02/17

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GPA-69220 and ZON-69224


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GPA-69220 and ZON-69224


GPA-69220 and ZON-69224
Agenda Item No.: 25.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
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 (Ross) [PRJ-69151].
Staff recommends DENIAL.

C.C.: 5/17/2017

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
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 77

7777

777

77



ZON-69224


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.: 26.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
GPA-69221 - GENERAL PLAN AMENDMENT - PUBLIC HEARING -
APPLICANT/OWNER: YING LUO - For possible action on a request for a General Plan
Amendment FROM: O (OFFICE) TO: SC (SERVICE COMMERCIAL) on 0.18 acres at 607
South Decatur Boulevard (APN 139-31-310-051), Ward 1 (Tarkanian) [PRJ-69185]. Staff
recommends DENIAL.

C.C.: 5/17/2017

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

BACKUP DOCUMENTATION:
1. Abeyance Request Letter - GPA-69221, ZON-69222 and VAR-69223 [PRJ-69185]
2. Location and Aerial Maps
3. Conditions and Staff Report - GPA-69221, ZON-69198 and VAR-69223 [PRJ-69185]
4. Supporting Documentation - GPA-69221, ZON-69198 and VAR-69223 [PRJ-69185]
5. Photo(s) - GPA-69221, ZON-69198 and VAR-69223 [PRJ-69185]
6. Justification Letter - GPA-69221, ZON-69198 and VAR-69223 [PRJ-69185]
7. Support Postcard for GPA-69221 and ZON-69222 [PRJ-69185]
MAR 23 2017





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GPA-69221, ZON-69222 and SDR-69224


t&Z>sE
GPA-69221, ZON-69198 and VAR-69223 [PRJ-69185]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: YING LUO

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
GPA-69221 Staff recommends DENIAL. N/A
ZON-69222 Staff recommends DENIAL. GPA-69221
VAR-69223 Staff recommends DENIAL, if approved subject to GPA-69221
conditions: ZON-69222

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 23

NOTICES MAILED 226 - GPA-69221 and ZON-69222


226 - VAR-69223

PROTESTS 0 - GPA-69221 and ZON-69222


0 - VAR-69223

APPROVALS 1 - GPA-69221 and ZON-69222


1 - VAR-69223

RG
GPA-69221, ZON-69198 and VAR-69223 [PRJ-69185]
Conditions Page One
April 11, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-69223 CONDITIONS

Planning

1. Conformance to the approved conditions for Reclassification of Property (Z-0028-


84).

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

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

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

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

RG
GPA-69221, ZON-69198 and VAR-69223 [PRJ-69185]
Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to open a wedding chapel in the existing building at 607
South Decatur Boulevard. In order to do so, the applicant is proposing to amend the
General Plan land use designation to SC (Service Commercial) and rezone the property
to C-1 (Limited Commercial). In addition, this change in zoning will require a Variance
because the lot does not meet the lot width requirements and the existing building does
not meet the setback requirements for the C-1 (Limited Commercial) zoning district.

ISSUES

A General Plan Amendment is requested to change the land use designations from
O (Office) to SC (Service Commercial). Staff recommends denial.
A Rezoning is requested to change the zoning designation from P-R (Professional
Office and Parking) to C-1 (Limited Commercial). Staff recommends denial.
A Variance of Title 19.08 is required to allow a 78-fot lot width where 100 feet is
required and to allow a 14-foot rear yard setback where 20 feet is required in a C-1
(Limited Commercial) zoning district. Staff recommends denial.

ANALYSIS

The applicant is requesting to amend a portion of the Southeast Sector of the Las
Vegas 2020 Master Plan from O (Office) to SC (Service Commercial) and to rezone the
subject site from P-R (Professional Office and Parking) to C-1 (Limited Commercial).
The subject site is currently developed with a commercial office building. The subject
site is located within the Airport Overlay District and Redevelopment Area #2.

The SC (Service Commercial) category 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 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.

RG
GPA-69221, ZON-69198 and VAR-69223 [PRJ-69185]
Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

The proposed General Plan Amendment and Rezoning would result in the existing lot
and structure not meeting the minimum Title 19.08 development standards for lot width
and rear setback. Pursuant to Title 19.08, in the C-1 (Limited Commercial) zoning
district, the minimum requirement for lot width is 100 feet and the required minimum
rear yard setback is 20 feet. The applicant is requesting a Variance to allow 78-foot lot
width and a 14-foot rear yard setback for an existing non-residential building.

The proposed SC (Service Commercial) General Plan designation and C-1 (Limited
Commercial) zoning designation are not compatible with the existing single-family
residential uses located immediately adjacent to the subject site. In addition, the applicant
has created a self-imposed hardship by proposing to rezone the subject property such
that it will not meet the minimum Title 19.08 development standards. Staff recommends
denial of these requests.

FINDINGS (GPA-69221)

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 single-family residential uses located adjacent to the
subject site.

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 P-R (Professional Office and Parking) to C-1 (Limited
Commercial). The subject site is adjacent to residentially zoned properties. The
proposed zoning would not be compatible with the existing surrounding land uses,
as it would allow commercial uses that are too intense.

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 adjacent to a primary arterial and a local street. There is
access to adequate transportation, recreation, and utility facilities to accommodate
the proposed General Plan Amendment.

RG
GPA-69221, ZON-69198 and VAR-69223 [PRJ-69185]
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

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


policies that include approved neighborhood plans.

The proposed amendment does not conform to the adopted plans and policies
of the City. The existing property does not meet the requirements of the
proposed C-1 (Limited Commercial) zoning for lot width and rear setback. An
application for a Variance (VAR-69223) is required, to allow for the 78-foot lot
width and 14-foot rear yard setback.

FINDINGS (ZON-69222)

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


Commission or City Council must affirm the following:

1. The proposal conforms to the General Plan.

If the companion application for a General Plan Amendment (GPA-69221) to SC


(Service Commercial) land use designation is approved, the proposed Rezoning
to C-1 (Limited Commercial) would conform to the General Plan. Staff is
recommending denial of GPA-69221.

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 C-1 zoning would not be compatible with the existing surrounding
single family residential land uses, as it would allow commercial uses that are too
intense.

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

The subject property is directly adjacent to single-family residences. It would be


more appropriate to develop the property in accordance with the current General
Plan designation and allow the Office corridor already established along the east
side of Decatur Boulevard to continue.

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


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

RG
GPA-69221, ZON-69198 and VAR-69223 [PRJ-69185]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

Decatur Boulevard is designated a primary arterial. Garden Place is a local street


designed to carry a combination of light commercial and residential traffic between
minor collectors, major collectors, and primary arterials. Both may be adequate to
handle land uses permitted in the C-1 (Limited Commercial) zoning district.

FINDINGS (VAR-69223)

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 to rezone the subject
property such that it will not meet the minimum Title 19.08 development standards. 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.

RG
GPA-69221, ZON-69198 and VAR-69223 [PRJ-69185]
Staff Report Page Five
April 11, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

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


The City Council approved a reclassification of property (Z-0020-84)
located on the northeast corner of Decatur Boulevard and Garden
04/18/84 Place (607 South Decatur Boulevard), from R-1 (Single Family
Residence) to P-R (Professional Offices and Parking). The Planning
Commission and staff recommended approval.
The City Council approved a General Plan Amendment (GPA-43991)
to establish Redevelopment Area 2 and change the future land use
04/18/12 designation on various parcels within the Redevelopment Area to
Commercial or Mixed Use. The Planning Commission and staff
recommended approval.
A Code Enforcement case (#175444) for an unpermitted wall sign
03/06/17 located at 607 South Decatur Boulevard. The case is has been
resolved on 03/20/17.

Most Recent Change of Ownership


08/29/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


1955 The existing building was constructed.
A building permit (#5043) was issued for an interior and exterior
10/23/81 remodel at 607 South Decatur Boulevard. The permit was finalized on
03/26/83.
A building permit (#1444) was issued for a monument sign at 607
06/14/88
South Decatur Boulevard. The permit was finalized on 06/29/88.
A business license (G64-06384) was issued for tourist services at 607
09/01/16
South Decatur Boulevard. The license is currently active.

Pre-Application Meeting
At a pre-application meeting staff discussed the application process
and submittal requirements to amend the existing General Plan and
Zoning designations. Also, the applicant has been informed that a
02/22/17
Variance application is also required, because the existing site
condition does not meet the development requirements of the
proposed C-1 (Limited Commercial) development standards.

RG
GPA-69221, ZON-69198 and VAR-69223 [PRJ-69185]
Staff Report Page Six
April 11, 2017 - Planning Commission Meeting

Neighborhood Meeting
A neighborhood meeting was held at the Mirabelli Community Center
at 6200 Hargrove Drive.

Meeting Start Time: 5:30 p.m.


Meeting End Time: 6:00 p.m.

Three (3) representative from the applicant


03/23/17
One (1) representative present from the Office of the City
Council
Zero (0) members of the public were in attendance
One (1) member of the Planning Department in attendance.

There were no members of the public that was present for this
meeting.

Field Check
A field check was conducted by staff and observed that the subject
03/02/17 property has an unpermitted wall sign on the south elevation of the
building.
A field check was conducted by staff and observed that the
03/27/17
unpermitted wall sign has been removed.

Details of Application Request


Site Area
Net Acres 0.18

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Office, Other than
O (Office) P-R (Professional
Property Listed Office and Parking
Single Family R-1 (Single Family
North O (Office)
Detached Residential)
Office, Other than P-R (Professional
South O (Office)
Listed Office and Parking

RG
GPA-69221, ZON-69198 and VAR-69223 [PRJ-69185]
Staff Report Page Seven
April 11, 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
ast
Detached Residential) Residential)
Hotel and Gaming
C-2 (General
West Establishment, C (Commercial)
Commercial)
Restricted

Master Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Purpose 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 Y
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 78 Feet N
Min. Setbacks
Front 10 Feet 29 Feet Y
Side 10 Feet 23 Feet Y
Corner 10 Feet 26 Feet Y
Rear 20 Feet 14 Feet N

Existing Zoning Permitted Density Units Allowed


P-R (Professional Office
N/A N/A
and Parking)
Proposed Zoning Permitted Density Units Allowed
C-1 (Limited Commercial) N/A N/A

RG
GPA-69221, ZON-69198 and VAR-69223 [PRJ-69185]
Staff Report Page Eight
April 11, 2017 - Planning Commission Meeting

Existing General Plan Permitted Density Units Allowed


O (Office) N/A N/A
Proposed General Plan Permitted Density Units Allowed
SC (Service Commercial) N/A N/A

Actual Complian
Functional
Governing Street ce with
Street Name Classification of
Document Width Street
Street(s)
(Feet) Section
Planned Streets and
Decatur Boulevard Primary Arterial 100 Y
Highways Map
Garden Place Local Street Title 13 51 Y

RG
GPA-69221



GPA-69221



GPA-69221

ALTA DR
SC GC
LORNA PL

ESSEX WEST DR
L
KAY PL

MXU S DECATUR BLVD


HAYES PL

GARDEN PL

SUBJECT
PF
PROPERTY

R
CI
EX
FULTON PL

S
ES
EVERGREEN AVE

PR-OS

EVERGREEN PL

DOVER PL

M
CORY PL

FROM O 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
M - Medium
RE - Rural Estates District TC - Town Center
Not City
DR - Desert Rural H - High LI/R - Light Industrial / Research
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.
SC - Service Com mercial PR-OS - Park/Recreation/ Geographic Inform ation System
L - Low 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
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GPA-69221, ZON-69222 and VAR-69223


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GPA-69221, ZON-69222 and VAR-69223




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GPA-69221 [PRJ-69185] - GENERAL PLAN AMENDMENT RELATED TO ZON-69222 AND VAR-69223 -
APPLICANT/OWNER: YING LUO
607 SOUTH DECATUR BOULEVARD
03/02/17
GPA-69221 [PRJ-69185] - GENERAL PLAN AMENDMENT RELATED TO ZON-69222 AND VAR-69223 -
APPLICANT/OWNER: YING LUO
607 SOUTH DECATUR BOULEVARD
03/02/17
GPA-69221 [PRJ-69185] - GENERAL PLAN AMENDMENT RELATED TO ZON-69222 AND VAR-69223 -
APPLICANT/OWNER: YING LUO
607 SOUTH DECATUR BOULEVARD
03/02/17
GPA-69221 [PRJ-69185] - GENERAL PLAN AMENDMENT RELATED TO ZON-69222 AND VAR-69223 -
APPLICANT/OWNER: YING LUO
607 SOUTH DECATUR BOULEVARD
03/28/17
GPA-69221 [PRJ-69185] - GENERAL PLAN AMENDMENT RELATED TO ZON-69222 AND VAR-69223 -
APPLICANT/OWNER: YING LUO
607 SOUTH DECATUR BOULEVARD
03/28/17
77

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GPA-69221, ZON-69222 and VAR-69223


Agenda Item No.: 27.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
ZON-69222 - REZONING RELATED TO GPA-69221 - PUBLIC HEARING -
APPLICANT/OWNER: YING LUO - For possible action on a request for a Rezoning FROM: P-
R (PROFESSIONAL OFFICE AND PARKING) TO: C-1 (LIMITED COMMERCIAL) on 0.18
acres at 607 South Decatur Boulevard (APN 139-31-310-051), Ward 1 (Tarkanian) [PRJ-69185].
Staff recommends DENIAL.

C.C.: 5/17/2017

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps - ZON-69222 and VAR-69223 [PRJ-69185]
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-69222



ZON-69222


ZON-69222

R-5

ALTA DR
LORNA PL

ESSEX WEST DR
C-D KAY PL

P-R
S DECATUR BLVD
HAYES PL
C-1 C-2

GARDEN PL

SUBJECT R-1

PROPERTY FULTON PL

C IR
EVERGREEN AVE

X
ESSE
C-V

EVERGREEN PL

DOVER PL

R-3 CORY PL

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 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 this map is for reference only.
R-1 - Single Family Geographic Inform ation 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: Wednesday, March 01, 2017
and Parking
Agenda Item No.: 28.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
VAR-69223 - VARIANCE RELATED TO GPA-69221 AND ZON-69222 - PUBLIC
HEARING - APPLICANT/OWNER: YING LUO - For possible action on a request for a
Variance TO ALLOW A 78-FOOT LOT WIDTH WHERE 100 FEET IS REQUIRED AND TO
ALLOW A 14-FOOT REAR YARD SETBACK WHERE 20 FEET IS REQUIRED on 0.18
acres at 607 South Decatur Boulevard (APN 139-31-310-051), P-R (Professional Office and
Parking) Zone [PROPOSED: C-1 (Limited Commercial)], Ward 1 (Tarkanian) [PRJ-69185].
Staff recommends DENIAL.

C.C.: 5/17/2017

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.
VAR-69223



VAR-69223


Agenda Item No.: 29.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
WVR-69171 - WAIVER - PUBLIC HEARING - APPLICANT/OWNER: D.R. HORTON, INC.
- For possible action on a request for a Waiver TO ALLOW NO INTERIOR STREETLIGHTS
WHERE SUCH ARE REQUIRED FOR A PROPOSED RESIDENTIAL SUBDIVISION on
10.36 acres located at the northwest corner of El Campo Grande Avenue and Alpine Ridge Way
(APNs 126-25-301-004 and 005), R-D (Single Family Residential-Restricted) Zone, Ward 6
(Ross) [PRJ-69090]. Staff recommends DENIAL.

C.C.: 5/17/2017

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. Location and Aerial Maps - WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-
69174 [PRJ-69090]
2. Conditions and Staff Report - WVR-69171, WVR-69172, VAR-69170, VAC-69173 and
TMP-69174 [PRJ-69090]
3. Supporting Documentation - WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-
69174 [PRJ-69090]
4. Photo(s) - WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174 [PRJ-
69090]
5. Justification Letter - WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174
[PRJ-69090]
6. Clark County School District Development Tracking Form - WVR-69171, WVR-69172 and
TMP-69174 [PRJ-69090]
7. Support Comment Form for WVR-69171 and WVR-69172 [PRJ-69090]
WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174 [PRJ-69090]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: D.R. HORTON, INC.

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
WVR-69171 Staff recommends DENIAL, if approved subject to
conditions:
WVR-69172 Staff recommends DENIAL, if approved subject to
WVR-69171
conditions:
VAR-69170 Staff recommends DENIAL, if approved subject to WVR-69171
conditions: WVR-69172
VAC-69173 Staff recommends APPROVAL, subject to conditions: WVR-69171
WVR-69172
VAR-69170
SDR-69174 Staff recommends DENIAL, if approved subject to WVR-69171
conditions: WVR-69172
VAR-69170
VAC-69173

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED 5

NOTICES MAILED 76 - WVR-69171 and WVR-69172


76 - VAR-69170 and TMP-69174
10 - VAC-69173

PROTESTS 0 - WVR-69171 and WVR-69172


0 - VAR-69170 and TMP-69174
0 - VAC-69173

APPROVALS 1 - WVR-69171 and WVR-69172


1 - VAR-69170 and TMP-69174
0 - VAC-69173

JB
WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174 [PRJ-69090]
Conditions Page One
April 11, 2017 - Planning Commission Meeting

** CONDITIONS **

WVR-69171 CONDITIONS
Planning

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

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

3. A Waiver of Title 19.02.240 is hereby approved, to allow no interior streetlights


where such are 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.

WVR-69171 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 19.04.070 is hereby approved, to allow private streets to not meet
the minimum construction standards as public streets behind a gate, where such is
required.

JB
WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174 [PRJ-69090]
Conditions Page Two
April 11, 2017 - Planning Commission Meeting

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

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

VAR-69170 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.

VAC-69173 CONDITIONS
Planning

1. The limits of this Petition of Vacation shall be the U.S. Government Patent
Easements located adjacent to Assessor Parcel Numbers 126-25-301-004 and
126-25-301-005 as shown on the submitted exhibit for property generally located
on the north side of El Campo Grande Avenue and west of Alpine Ridge Way.

2. The Order of Relinquishment shall record immediately prior to (concurrent with) the
recordation of a Final Map associated with TMP-69174, and shall not record
without the associated Final Map.

JB
WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174 [PRJ-69090]
Conditions Page Three
April 11, 2017 - Planning Commission Meeting

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 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 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-69174 CONDITIONS
Planning

1. Approval of and conformance to the Conditions of Approval for Waiver (WVR-


69171), Waiver (WVR-69172), Variance (VAR-69170) and Vacation (VAC-69173)
shall be required, if approved.

2. If approved, the following previously approved entitlements shall be expunged:


Variance (VAR-66469), Waiver (WVR-66470), Waiver (WVR-66471), Vacation
(VAC-66473) and Tentative Map (TMP-66472).

3. 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.

JB
WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174 [PRJ-69090]
Conditions Page Four
April 11, 2017 - Planning Commission Meeting

4. Street names must be provided in accordance with the Citys Street Naming
Regulations and United States Post Office.

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-69173, shall record immediately prior to


(concurrent with) the recordation of a Final Map for this site to eliminate U.S.
Government Patent Easements.

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

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

JB
WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174 [PRJ-69090]
Conditions Page Five
April 11, 2017 - Planning Commission Meeting

11. Construct half street improvements on Alpine Ridge Way as shown on the
approved site plan 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.

12. Meet with the Sanitary Sewer Planning Section of the Department of Public Works
to modify the proposed public sewer alignment in the proposed Antique Ridge
Street prior to submittal of construction drawings.

13. One or more segments of the downstream sewer system that will serve this project
has not been completed and/or accepted for maintenance by the City of Las
Vegas. Any work done on this project prior to the completion and/or acceptance of
the downstream sewer system(s) shall be done at the developer's own risk. The
City of Las Vegas reserves the right to prevent the physical connection of this
project into the downstream sewer system until all segments have been completed
and accepted for maintenance, or until such time as they are deemed available for
service.

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

15. 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.

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

JB
WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174 [PRJ-69090]
Conditions Page Six
April 11, 2017 - Planning Commission Meeting

17. Submit a License Agreement for landscaping and private improvements in the
Alpine Ridge Way public right-of-way, if any, prior to the issuance of permits for
these improvements. The applicant must carry an insurance policy for the term of
the License Agreement and add the City of Las Vegas as an additionally insured
entity on this insurance policy. If requested by the City, the applicant shall remove
property 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).

18. 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.

19. 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.

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

JB
WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174 [PRJ-69090]
Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to construct a 29-lot single-family residential subdivision on a


10.36-acre undeveloped property located on the northwest corner of El Campo Grande
Avenue and Alpine Ridge Way. In addition, to the standard Tentative Map and
easement Vacation, the applicant is requesting Variances and Waivers for this type of
project.

ISSUES

A Variance (VAR-69170) of Title 19.04 to allow a Connectivity Ratio of 1.0 where 1.3
is required and to allow no amenity zone where such is required for a proposed
residential subdivision. Staff does not support this request.
A Waiver (WVR-69171) of Title 19.02.240 to allow no interior streetlights where such
are required for a proposed residential subdivision. Staff does not support this
request.
A Waiver (WVR-69172) of Title 19.04.070 to allow private streets to not be
developed to public street standards behind a gate. Staff does not support this
request.
A Vacation (VAC-69173) has been requested to vacate the U.S. Government Patent
Easements for a proposed residential subdivision. Staff supports this request.

ANALYSIS

The applicant is proposing a Tentative Map (TMP-69174) for a 29-lot single family
residential subdivision with lot sizes ranging from 10,000 square feet to 13,877 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 37 units on this 10.36 acre parcel.

The applicant has requested a Variance (VAR-69170) of Title 19.04, Complete Street
standards to allow a connectivity ratio of 1.0 where 1.3 is required, and to allow no
amenity zone where such is required for a proposed residential subdivision. The
applicant has proposed to install no amenity zone along Alpine Ridge Way, which is
classified as a 80-foot Local Street and requires the installation of a 5-foot sidewalk and
three-foot amenity zone. The applicant has requested a Waiver (WVR-69171) of Title
19.02.240 to allow no streetlights along the proposed interior private streets where such
are required. Also, Waiver (WVR-69172) of Title 19.04.070 to allow private streets to be

JB
WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174 [PRJ-69090]
Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

developed to non-public street standards behind a gate has been requested. The
applicant has proposed to install the 37-foot wide private streets with L-curb gutters and
no sidewalk where a 47-foot wide private street with a five-foot sidewalk is the minimum
required. Lastly, a Vacation (VAC-69173) has been requested to Vacate U.S.
Government Patent Easements on property located on the east side of Alpine Ridge
Way. 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 4.5-foot
maximum retaining is shown on the east property line and a 1.5-foot maximum retaining
is shown on the west property line.

The submitted north/south cross section depicts maximum natural grade less than 2%
across this site. Per the Tables in Subdivision Code 19.06.050 a development with
natural slope less than 2%, is allowed a maximum 4-foot retaining wall. A 4-foot
maximum retaining wall is shown on the south property line and an existing 6-foot
retaining wall is shown on the north property line.

The Clark County School District projects that approximately 13 primary and secondary
school students would be generated by the proposed development on this site. Of the
three schools serving the area (Marshall Darnell Elementary School, Edmundo
Escobedo Middle School and Centennial High School), the District notes that Marshall
Darnell Elementary School and Centennial High School are over capacity for the 2016-
17 school year, and no new schools are planned in this area at this time.

The Department of Public Works has provided the Average Daily Traffic (ADT) for the
proposed 29-lot residential subdivision and approximately 276 trips per day on El
Campo Grande Avenue and Alpine Ridge Way are anticipated. There are no counts
available for any of these streets in this vicinity, but they are all believed to be under
capacity. Based on Peak Hour use, this development will add roughly 29 additional
cars into the area or about one every two minutes.

In summary, staff supports the requested Vacation as it is appropriate for the area.
However, staff promotes the positive impact that Complete Streets, including street
lights have on residential development, and does not support the Variance, two Waivers
and Tentative Map; therefore, staff recommends denial of these applications.

JB
WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174 [PRJ-69090]
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

FINDINGS (VAR-69170)

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 a project that does not meet
the required Connectivity Ratio and does not have an amenity zone where such is
required. There is enough area within the right-of-way to install the required
improvements, and additional links could be added to the interior street network to allow
conformance with Title 19 requirements. In view of the absence of any hardships
imposed by the sites physical characteristics, it is concluded that the applicants
hardship is preferential in nature, and it is thereby outside the realm of NRS Chapter
278 for granting of Variances.

FINDINGS (WVR-69171)

No substantial evidence has been presented to warrant the requested Waivers of Title
19.02.240 to allow no interior streetlights where such are required; therefore, staff
recommends denial. If this request is approved, it is subject to conditions.

JB
WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174 [PRJ-69090]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

FINDINGS (WVR-69172)

No substantial evidence has been presented to warrant the requested Waiver of Title
19.04.070 to allow private streets to be developed to non-public street standards behind a
gate; therefore, staff recommends denial. If this request is approved, it is subject to
conditions.

FINDINGS (VAC-69173)

This vacation application is a request to relinquish the Citys interests in U.S. Government
Patent Reservations generally located on the north side of El Campo Grande Avenue,
west of Alpine Ridge 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 companys interests will need to be addressed with each
respective utility company and will not be affected by the City relinquishing its interest.

FINDINGS (TMP-69174)

The proposed Tentative Map conforms to Nevada Revised Statutes. However, the
project requires a Variance and two Waivers from Title 19 Development Standards.
Staff does not support these requests and therefore recommends denial of the
Tentative Map. If this request is approved, it will be subject to conditions.

BACKGROUND INFORMATION

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


The City Council approved a Petition for Annexation (ANX-59694) to
09/02/15 Annex 52.47 acres generally located north of Ann Road and east of
Shaumber Road.
The City Council approved a Petition for Annexation (ANX-64021) to
07/20/16 Annex 5.10 acres located on the north side of West El Campo Grande
Avenue, 340 feet west of North Alpine Ridge Way.
The City Council approved a request for a General Plan Amendment
(GPA-66467) from RNP (Rural Neighborhood Preservation) to R
(Rural Density Residential) on 10.36 acres located at the northwest
11/16/16
corner of El Campo Grande Avenue and Alpine Ridge Way. The
Planning Commission and Staff recommended approval of the
request.

JB
WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174 [PRJ-69090]
Staff Report Page Five
April 11, 2017 - Planning Commission Meeting

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


The City Council approved a request for a Rezoning (ZON-66468)
from R-E (Residence Estates) to R-D (Single Family Residential-
Restricted) on 10.36 acres located at the northwest corner of El
Campo Grande Avenue and Alpine Ridge Way. The Planning
Commission and Staff recommended approval of the request.
The City Council approved a request for a Variance (VAR-66469) to
allow a connectivity ratio of 1.0 where 1.3 is required and to allow no
amenity zone where such is required for a proposed residential
subdivision located at the northwest corner of El Campo Grande
Avenue and Alpine Ridge Way. The Planning Commission
recommended approval and Staff recommended denial of the request.
The City Council approved a request for a Waiver (WVR-66470) to
allow no interior streetlights where such are required for a proposed
residential subdivision located at the northwest corner El Campo
Grande Avenue and Alpine Ridge Way. The Planning Commission
recommended approval and Staff recommended denial of the request.
The City Council approved a request for a Waiver (WVR-66471) to
allow private streets to not be developed to public street standards
behind a gate located at the northwest corner of El Campo Grande
Avenue and Alpine Ridge Way. The Planning Commission
recommended approval and Staff recommended denial of the request.
The City Council approved a request for a Tentative Map (TMP-66472)
for a 29-lot single-family residential subdivision located at the
northwest corner of El Campo Grande Avenue and Alpine Ridge Way.
The Planning Commission recommended approval and Staff
recommended denial of the request.
The City Council approved a request for a Petition to Vacate (VAC-
66473) U.S. Government Patent Easements on property located at the
northwest corner of El Campo Grande Avenue and Alpine Ridge Way.
The Planning Commission and Staff recommended approval of the
request.

Most Recent Change of Ownership


A deed was recorded for a change in ownership for APN (126-25-301-
004)
01/05/17
A deed was recorded for a change in ownership for APN (126-25-301-
005)

Related Building Permits/Business Licenses


There are no related Building Permits/Business Licenses for the subject property.

JB
WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174 [PRJ-69090]
Staff Report Page Six
April 11, 2017 - Planning Commission Meeting

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the
02/15/17 submittal requirements for a Variance, Waivers, Vacation, and
Tentative Map for a proposed 29-lot residential subdivision.

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

Field Check
A field check by staff observed that the subject site is undeveloped
03/02/17
with natural vegetation throughout the site.

Details of Application Request


Site Area
Net Acres 10.36

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject R (Rural Density R-D (Single-Family
Undeveloped
Property Residential) Residential-Restricted)
L (Low Density R-D (Single-Family
North Undeveloped
Residential) Residential-Restricted)
RNP (Rural
R-E (Residence
South Undeveloped Neighborhood
Estates)
Preservation)
Single Family, RNP (Rural R-E (Rural Estates
East Detached Neighborhood Residential District)
subdivision Preservation) Clark County
L (Low Density R-E (Residence
West Undeveloped
Residential) Estates)

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

JB
WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174 [PRJ-69090]
Staff Report Page Seven
April 11, 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

DEVELOPMENT STANDARDS

Pursuant to Title 19.06, the following standards apply:


Standard Required/Allowed Provided Compliance
10,000
Min. Lot Size 10,000 SF SF Y
Min. Lot Width 80 Feet 80 Feet Y
Min. Setbacks
Front 25 Feet 25 Feet Y
Side 5 Feet 5 Feet Y
Corner 15 Feet 15 Feet Y
Rear 30 Feet 30 Feet Y
Max. Lot Coverage 35 % N/A N/A
Max. Building Height 35 Feet N/A N/A

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Alpine Ridge
Local Street Title 13 80 Y
Way

19.04.040 Connectivity
Transportation Network Element # Links # Nodes
Internal Street 6 -
Intersection Internal - 2
Cul-de-sac Terminus - 4
Intersection External Street or Stub Terminus - -
Intersection Stub Terminus w/ Temporary Turn Around
- -
Easements
Non-Vehicular Path - Unrestricted - -
Total 6 6

JB
WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174 [PRJ-69090]
Staff Report Page Eight
April 11, 2017 - Planning Commission Meeting

Required Provided
Connectivity Ratio (Links / Nodes): 1.30 1.00
* Variance (VAR-69170) has been requested a 1.00 connectivity ratio, where 1.30 is
required.

Streetscape Standards Required Provided Compliance


Three-foot amenity
Five-foot wide
area and a five-foot
Alpine Ridge Way sidewalk with N*
wide sidewalk and
streetlights
streetlights
47-foot wide right-of- 37-foot wide right-of-
way, including amenity way, no amenity
Private Streets N*
zone, sidewalk and zone, sidewalk and
streetlights street lights
*The applicant has a requested a Variance (VAR-69170), Waiver (WVR-69171) and
Waiver (WVR-69172) to waive all Title 19.02 improvement requirements and 19.04
complete streets development standards associated with the insufficient right-of-way
width, no sidewalk and streetlight improvements along he proposed private streets and
existing Alpine Ridge Way right-of-way adjacent to the subject site.

JB
WVR-69171



WVR-69171

WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174



WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174



WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174 - REVISED



WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174



WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174



WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174


WVR-69171 [PRJ-69090] - WAIVER RELATED TO WVR-69172, VAR-69170, VAC-69173 AND TMP-69174 -
APPLICANT/OWNER: D.R. HORTON, INC.
NORTHWEST CORNER OF EL CAMPO GRANDE AVENUE AND ALPINE RIDGE WAY
03/02/17

WVR-69171, WVR-69172, VAR-69170, VAC-69173 and TMP-69174


WVR-69171, WVR-69172 and TMP-69174
Agenda Item No.: 30.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
WVR-69172 - WAIVER RELATED TO WVR-69171 - PUBLIC HEARING -
APPLICANT/OWNER: D.R. HORTON, INC. - 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 10.36 acres located at the northwest corner of El Campo
Grande Avenue and Alpine Ridge Way (APNs 126-25-301-004 and 005), R-D (Single Family
Residential-Restricted) Zone, Ward 6 (Ross) [PRJ-69090]. Staff recommends DENIAL.

C.C.: 5/17/2017

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
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-69172



WVR-69172


Agenda Item No.: 31.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
VAR-69170 - VARIANCE RELATED TO WVR-69171 AND WVR-69172 - PUBLIC
HEARING - APPLICANT/OWNER: D.R. HORTON, INC. - For possible action on a request
for a Variance TO ALLOW A CONNECTIVITY RATIO OF 1.0 WHERE 1.3 IS REQUIRED
AND TO ALLOW NO AMENITY ZONE WHERE SUCH IS REQUIRED FOR A PROPOSED
RESIDENTIAL SUBDIVISION on 10.36 acres located at the northwest corner of El Campo
Grande Avenue and Alpine Ridge Way (APNs 126-25-301-004 and 005), R-D (Single Family
Residential-Restricted) Zone, Ward 6 (Ross) [PRJ-69090]. Staff recommends DENIAL.

C.C.: 5/17/2017

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 Comment Form for VAR-69170 and TMP-69174 [PRJ-69090]
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-69170



VAR-69170


Agenda Item No.: 32.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
VAC-69173 - VACATION RELATED TO WVR-69171, WVR-69172 AND VAR-69170 -
PUBLIC HEARING - APPLICANT/OWNER: D.R. HORTON, INC. - For possible action on a
request for a Petition to Vacate U.S. Government Patent Easements on property located at the
northwest corner of El Campo Grande Avenue and Alpine Ridge Way (APNs 126-25-301-004
and 005), Ward 6 (Ross) [PRJ-69090]. Staff recommends APPROVAL.

C.C.: 5/17/2017

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.
VAC-69173



VAC-69173

VAC-69173
Agenda Item No.: 33.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
TMP-69174 - TENTATIVE MAP RELATED WVR-69171, WVR-69172, VAR-69170 AND
VAC-69173 - SUMMIT RIDGE II - PUBLIC HEARING - APPLICANT/OWNER: D.R.
HORTON, INC. - For possible action on a request for a Tentative Map FOR A 29-LOT
SINGLE-FAMILY RESIDENTIAL SUBDIVISION on 10.36 acres located at the northwest
corner of El Campo Grande Avenue and Alpine Ridge Way (APNs 126-25-301-004 and 005), R-
D (Single Family Residential-Restricted) Zone, Ward 6 (Ross) [PRJ-69090]. Staff recommends
DENIAL.

C.C.: 5/17/2017

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
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-69174



TMP-69174

TMP-69174

TMP-69174

TMP-69174 - REVISED

TMP-69174

TMP-69174

TMP-69174

TMP-69174

TMP-69174

TMP-69174
Agenda Item No.: 34.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
VAR-69410 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: DAVID
HUNTINGTON - For possible action on a request for a Variance TO ALLOW NINE PARKING
SPACES WHERE 30 SPACES ARE REQUIRED on 0.31 acres at 517 South Tonopah Drive
(APN 139-33-302-001), PD (Planned Development) Zone [MD-1 (Medical Support) Las Vegas
Medical District Special Land Use Designation], Ward 1 (Tarkanian) [PRJ-69213]. Staff
recommends DENIAL.

MAY GO TO CITY COUNCIL ON 5/17/2017


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

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. Location and Aerial Maps - VAR-69410 and SDR-69411 [PRJ-69213]
2. Conditions and Staff Report - VAR-69410 and SDR-69411 [PRJ-69213]
3. Supporting Documentation - VAR-69410 and SDR-69411 [PRJ-69213]
4. Photo(s) - VAR-69410 and SDR-69411 [PRJ-69213]
5. Justification Letter - VAR-69410 and SDR-69411 [PRJ-69213]
6. Protest/Support Postcards for VAR-69410 and SDR-69411 [PRJ-69213]
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VAR-69410 and SDR-69411


VAR-69410 and SDR-69411 [PRJ-69213]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: DAVID HUNTINGTON

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
Staff recommends DENIAL, if approved subject to
VAR-69410
conditions:
Staff recommends DENIAL, if approved subject to
SDR-69411 VAR-69410
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 21

NOTICES MAILED 298

PROTESTS 2

APPROVALS 2

PB
VAR-69410 and SDR-69411 [PRJ-69213]
Conditions Page One
April 11, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-69410 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Site Development


Plan Review (SDR-69411) shall be required.

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

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

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

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

SDR-69411 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Variance (VAR-


69410) shall be required.

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

3. All development shall be in conformance with the site plan, date stamped 03/07/17;
and the building elevations and landscape plan, date stamped 03/06/17, except as
amended by conditions herein.

PB
VAR-69410 and SDR-69411 [PRJ-69213]
Conditions Page Two
April 11, 2017 - Planning Commission Meeting

4. A Waiver from the Las Vegas Medical District streetscape standard is hereby
approved, to allow a one-foot wide landscape buffer at back of sidewalk where a
15 feet is required on Hamilton Lane and an eleven-foot wide amenity zone at back
of sidewalk where 15 feet is required on Tonopah Drive. Dedication of the required
15-foot radius at the intersection of Tonopah Drive and Hamilton Lane may reduce
the amenity zone further.

5. A Waiver from the Las Vegas medical District parking lot screening standard is
hereby approved, to allow a one-foot landscape buffer at back of sidewalk with a
three-foot high block wall, where a 6-foot landscape buffer and three-foot high
block wall is required.

6. A Waiver from the Title 19.08 perimeter landscape standard is hereby approved, to
allow a zero-foot landscape buffer on a portion of the east and south property lines
where eight feet is required in accordance with the approved landscape plan.

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 revised site plan shall be submitted to and approved by the Department of


Planning Department, prior to the time application is made for a building permit, to
reflect the changes herein.

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

PB
VAR-69410 and SDR-69411 [PRJ-69213]
Conditions Page Three
April 11, 2017 - Planning Commission Meeting

Public Works

13. Per the Medical District Standards, dedicate 5 feet of right-of-way adjacent to this
site for Hamilton Lane along with a 15-foot radius at the southeast corner of
Hamilton Lane and Tonopah Drive. Additionally, per the Medical District
Standards, grant a 5-foot Pedestrian Access Easement adjacent the existing
Tonopah right-of-way and the required Hamilton Lane right-of-way prior to the
issuance of permits for this site.

14. Construct all incomplete half-street improvements on Hamilton Lane and Tonopah
Drive meeting current City of Las Vegas Medical District Standards adjacent to this
site concurrent with development of this site.

15. Contact the Transportation Engineering Section of the Department of Public Works
at 702-229-6327 to coordinate the development of this project with the Sidewalk
Infill Medical District project and any other public improvement projects adjacent to
this site. Comply with the recommendations of the Transportation Engineering
Section.

16. 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.

17. Submit a License Agreement for landscaping and private improvements in the
Tonopah Drive and Hamilton Lane 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 (702-229-4836).

PB
VAR-69410 and SDR-69411 [PRJ-69213]
Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to convert an existing single family home and detached
garage into a 5,461 square foot medical office. The conversion includes a 469 square
foot addition to the second floor of the house and a surface parking lot.

ISSUES

The 5,461 square foot office would require 30 parking spaces for a Medical Office
use per Title 19.12. The site plan indicates 14 parking spaces, but 5 of those
spaces are tandem spaces that require moving a vehicle before they are accessible;
these spaces cannot be counted towards satisfying Title 19.12. Therefore, the
applicant has requested a Variance (VAR-69410) to allow 9 spaces where 30
spaces are required. Staff recommends denial of the variance.
The applicant has requested a waiver to the Streetscape standards included in the
Las Vegas Medical District master plan. They are proposing a 10-foot sidewalk at
back of curb, with only 1 foot of the 15 feet of required landscaping on Hamilton
Lane and 11 feet of the 15 feet of required landscaping on Tonopah Drive. Staff
recommends denial of the waiver with the exception of the width of the amenity zone
on Tonopah Drive because of the location of the existing dwelling.
The applicant has requested a waiver to the parking lot landscaping standards
included in the Las Vegas Medical District master plan. They are proposing a one-
foot landscape buffer and three-foot high block wall at the edge of the right of way,
where a six-foot landscape buffer and three-foot high block wall is required. Staff
recommends denial of the waiver.
The applicant has requested a waiver to the perimeter landscape buffer standards of
Title 19.08, included by reference in the Las Vegas Medical District master plan.
They are proposing a zero-foot landscape buffer on portions of the south and east
property lines where 8 feet is required. Staff recommends denial of this waiver.

ANALYSIS

The applicant is proposing to reuse an existing single family dwelling and detached
garage as a medical office building. They are proposing a 469 square foot second floor
addition to the main dwelling and a parking lot between the two structures.

The subject site is zoned PD (Planned Development) and is within the boundaries of the
Las Vegas Medical District (LVMD) master plan. As such it is required to comply with
the LVMD master plan, which also includes requirements from the UDC by way of
PB
VAR-69410 and SDR-69411 [PRJ-69213]
Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

reference. The LVMD guides the parcel for MD1 (Medical Support) which is intended to
allow less intense development within the LVMD including medical, medically-related,
office, and professional uses. The proposed medical office use is considered a
permitted use with in the MD1 (Medical Support) district.

The surrounding properties are a mix of medical offices and single family residences.
The requirements of the LVMD master plan were specifically designed to allow the
adaptive reuse of homes into offices in a manner that is compatible with the single
family residences that remain. The applicant has requested a parking variance and
waivers to a number of the LVMD master plan requirements. Staff does not support the
parking variance or the majority of the waiver requests because of the incompatibility it
would create with the residential properties in the surrounding area.

Hamilton Lane is considered by the LVMD master plan to be a Type B street which
requires a 10-foot sidewalk at back of curb (with street trees) and a fifteen-foot amenity
zone. The Department of Public Works has informed the applicant that an additional
five feet must be dedicated for Hamilton Lane, and has included a condition requiring
compliance. The submitted plans do not show that dedication and the applicant has
requested a waiver to the LVMD streetscape standards to allow a reduced right of way
width, ten feet of sidewalk at back of curb with street trees, and a one-foot wide amenity
zone. A one-foot amenity zone does not allow any significant vegetation to be planted
and providing irrigation to these areas will be problematic. Staff is recommending denial
of this waiver request as it will set a precedent for the streetscape on Hamilton Lane.

Tonopah Drive is considered by the LVMD master plan to be a Type A street which
requires a 10-foot sidewalk at back of curb (with street trees) and a fifteen-foot amenity
zone. The Department of Public Works has informed the applicant that a 15-foot radius
is required to be dedicated at the intersection of Tonopah Drive and Hamilton Lane, and
has included a condition requiring compliance. The submitted plans do not depict
conformance with this dedication requirement, and only 11 feet of distance exists
between the existing structure and the back of sidewalk. A waiver of the streetscape
standards was requested by the applicant, and is supported by staff based on the
location of the existing structure which doesnt allow full compliance with the 15-foot
amenity zone requirement. A condition of approval specifies that only the reduction of
the amenity zone width is approved on the Tonopah Drive, all other streetscape
requirements must be met.

The site plan depicts a single driveway from Hamilton Lane, with a parking lot between
the main dwelling and the detached garage. Parking for an office, medical or dental use
is required at a rate of 1 space for every 200 square feet for the first 2,000 square feet
and then 1 space for every 175 square feet of the remaining area. Therefore, a 5,461
square foot medical office would require 30 parking spaces per the UDC. The parking
lot includes three compact parking spaces and a van-accessible handicapped space
that comply with the requirements of the UDC; and five parking spaces that are depicted

PB
VAR-69410 and SDR-69411 [PRJ-69213]
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

as tandem parking spaces. Tandem spaces require other vehicles to be moved to allow
ingress and egress to both spaces. For the purposes of parking calculations, the UDC
does not count tandem parking spaces towards the provision of required parking for a
use. As such, the applicant has requested a Variance (VAR-69410) to allow 9 parking
spaces where 30 spaces are required. Staff finds that there this is a self-imposed
hardship and is recommending denial of the variance. Additionally, if the Department of
Public Works condition requiring dedication of an additional five feet of right of way
along Hamilton Lane is required, the parking provided on the site will be reduced by two
tandem spaces (two parking spaces for the calculation of required parking) which
means the site would no longer be able to provide the parking proposed as part of this
request.

The LVMD master plan requires perimeter landscaping in accordance with the UDC
requirements. The perimeter landscaping requirements for the street frontages are
covered in the streetscape standards (above), while eight-foot wide landscape buffers
are required on the internal property lines. The submitted landscape plan depicts a
zero-foot landscape buffer on portions of the east and south property lines. The
applicant has requested a waiver to allow these buffer widths. While portions of the
existing structures do not allow the full eight feet of landscaping, the applicant has
designed the site to provide even less landscape buffer between the structures and next
to the proposed parking lot on the east property line. Therefore, staff does not support
the waiver requests as they are a sign of overbuilding the site and would create an
incompatibility with the surrounding residential properties.

The LVMD master plan also requires parking lot screening along Hamilton Lane of
either a ten-foot wide landscape buffer at back of sidewalk or a six-foot wide buffer at
back of sidewalk with a three-foot high screen wall. The submitted landscape plan
depicts, and the applicant has requested a waiver to allow a one-foot wide landscape
buffer at back of sidewalk with a three-foot high screen wall. Staff does not support this
waiver request as this is a sign of overbuilding the site. Additionally, if the Department of
Public Works condition requiring dedication of five feet of right of way is enforced, the
landscape buffer may be able to be brought closer to conformance.

The building elevations submitted by the applicant depict a sensitive reuse of the
existing structures. The only exterior work that is proposed is a 469 square foot addition
to the main dwelling, which does not expand the building footprint and will be done with
stucco to match the rest of the structure.

Due to the lack of full dedication for Hamilton Lane, the number of waivers requested to
the LVMD master plan, and the parking variance the applicant has requested; staff is
recommending denial of the Site Development Plan Review (SDR-69411). Staff has
recommended conditions of approval if approved.

PB
VAR-69410 and SDR-69411 [PRJ-69213]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

FINDINGS (VAR-69410)

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 redeveloping the site with a use that
requires a greater level of parking than can be physically provided on the site.
Alternative uses would allow a greater level of conformance to the Title 19
requirements. In view of the absence of any hardships imposed by the sites physical
characteristics, it is concluded that the applicants hardship is preferential in nature, and
it is thereby outside the realm of NRS Chapter 278 for granting of Variances.

FINDINGS (SDR-69411)

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 surrounding area includes single family dwellings, some of which have been
converted to office uses, some which have not. In addition, there are many
standard medical office buildings. The proposed development would be
compatible with adjacent development if it was meeting all requirements of the

PB
VAR-69410 and SDR-69411 [PRJ-69213]
Staff Report Page Five
April 11, 2017 - Planning Commission Meeting

Las Vegas Medical District master plan. As is proposed though, it fails to meet
those standards and will be incompatible with development in the area.

2. The proposed development is consistent with the General Plan, this Title,
the Design Standards Manual, the Landscape, Wall and Buffer Standards,
and other duly-adopted city plans, policies and standards;

The proposed project includes a Variance request for reduced parking and Waiver
requests for relief from the streetscape standards, parking lot screening standards
and perimeter landscape standards that are required by the Las Vegas Medical
District master plan. Therefore, the proposed development is inconsistent with
city standards.

3. Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;

The proposed project does not dedicate the appropriate amount of right of way for
the streetscape required on Hamilton Lane. In the future if Hamilton Lane is
developed to the full standard, the parking area will require drivers to back into
Hamilton Lane from the site, which will negatively impact Hamilton Avenue and
neighborhood traffic.

4. Building and landscape materials are appropriate for the area and for the
City;

The landscape and building materials indicated on the submitted plans are
appropriate for the Las Vegas Medical District 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 submitted depict a sensitive reuse of an existing single


family dwelling and detached garage and would therefore be harmonious and
compatible with development in the area which includes other single family
dwellings and office conversions.

6. Appropriate measures are taken to secure and protect the public health,
safety and general welfare.

The proposal would be subject to building permits and business licensing, which
will continue to protect the public health, safety and general welfare of the city.

PB
VAR-69410 and SDR-69411 [PRJ-69213]
Staff Report Page Six
April 11, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

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


A Rezoning (Z-0020-97) of the Las Vegas Medical District area from
various zoning districts to PD (Planned Development) was approved
05/27/97
by the City Council. The Planning Commission and staff recommended
approval.
A Major Modification [Z-0020-97(33)] to the Las Vegas Medical District
06/19/02 was approved by the City Council. The Planning Commission and staff
recommended approval.

Most Recent Change of Ownership


08/01/08 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


1975 The single family dwelling on the site was constructed

Pre-Application Meeting
A preapplication conference with the applicant focused on the
requirements of the Las Vegas Medical District master plan. The
02/22/17 plans submitted for the preapplication failed to meet many of the
requirements and staff informed the applicant of their options to
proceed.
A follow-up preapplication meeting was held, and the applicant had
revised plans that eliminated some waivers and provided more parking
03/01/17 by no longer contemplating connection of the dwelling and the garage
with office space. The applicant informed staff they intended to pursue
the waivers included in this report.

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

Field Check
Staff completed a routine site visit and found a well maintained single
03/02/17
family home site.

PB
VAR-69410 and SDR-69411 [PRJ-69213]
Staff Report Page Seven
April 11, 2017 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres 0.31

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family LVMD (Las Vegas PD (Planned
Property Dwelling Medical District) Development)
LVMD (Las Vegas PD (Planned
North Vacant
Medical District) Development)
Single Family LVMD (Las Vegas PD (Planned
South
Dwelling Medical District) Development)
Single Family LVMD (Las Vegas PD (Planned
East
Dwelling Medical District) Development)
LVMD (Las Vegas PD (Planned
West Office
Medical District) Development)

Master and Neighborhood Plan Areas Compliance


Las Vegas Medical District *N
Special Purpose and Overlay Districts Compliance
PD (Planned Development) District *N
A-O (Airport Overlay) District Y
Live/Work Overlay District Y
Other Plans or Special Requirements Compliance
Las Vegas Redevelopment Plan Area Y
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A
*The applicant has sought a Variance to the Parking requirements of Title 19.12 and the
Perimeter Landscape requirements of Title 19.08, included by reference in the Las
Vegas Medical District master plan; and waivers to the Streetscape and Parking Lot
Screening requirements of the Las Vegas Medical District master plan. Staff
recommends denial of all those requests.

PB
VAR-69410 and SDR-69411 [PRJ-69213]
Staff Report Page Eight
April 11, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to the Las Vegas Medical District master plan, the following standards
apply:
Standard Required/Allowed Provided Compliance
Min. Lot Size N/A 13,503 SF Y
Min. Lot Width N/A 80 Feet Y
Min. Setbacks
Front 5 Feet 11 Feet Y
Side 10 Feet 2 Feet *N
Corner 15 Feet 25 Feet Y
Rear 15 Feet 82 Feet Y
Min. Distance Between Buildings N/A 44 Feet Y
Max. Lot Coverage 50% 40 % Y
Max. Building Height 45 Feet 17 Feet Y
Screened, Gated, w/ a Screened, Gated
Trash Enclosure Y
Roof or Trellis w/a Roof
Mech. Equipment Screened Screened/Internal Y
* The existing structure is setback two feet, and was constructed before the adoption of
the LVMD master plan.

Pursuant to the Las Vegas Medical District master plan, the following standards
apply:
Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees
Buffer Trees:
North 1 Tree / 20 Linear Feet 8 Trees 4 Trees *N
South 1 Tree / 20 Linear Feet 8 Trees 0 Trees *N
East 1 Tree / 20 Linear Feet 4 Trees 0 Trees *N
West 1 Tree / 20 Linear Feet 4 Trees 4 Trees Y
TOTAL PERIMETER TREES 24 Trees 8 Trees *N
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North 15 Feet 2 Feet *N
South 8 Feet 0 Feet *N
East 8 Feet 0 Feet *N
West 15 Feet 11 Feet *N
Wall Height 5 foot Adjacent to Residential 5 feet Y
*The applicant has requested a waiver to allow reduced perimeter landscaping buffers,
staff does not support the majority of the waiver requests.

PB
VAR-69410 and SDR-69411 [PRJ-69213]
Staff Report Page Nine
April 11, 2017 - Planning Commission Meeting

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Las Vegas Medical
Type A 60 foot District Master Plan

Tonopah Drive (Proposed to (Proposed to be 55 *N


be a Collector added to the
Street) Planned Streets and
Highways Map)
Las Vegas Medical
Hamilton Lane Type B 50 foot 40 *N
District Master Plan
*The applicant is has requested a waiver to the streetscape standards of the Las Vegas
Medical District master plan for Hamilton Lane and provides the required dedication for
Tonopah Drive.

Streetscape Required Provided Compliance


Standards
60 foot right of way with 10
10 foot sidewalk with
Tonopah Drive foot sidewalk with street tree
street trees and an *N
Type A (LVMD) grates (5 feet in right of way)
11 foot amenity zone
and 5-15 foot amenity zone.
50-60 foot right of way with 10
10 foot sidewalk with
Hamilton Lane foot sidewalk with street tree
street trees and a 1 *N
Type B (LVMD) grates (5 feet in right of way)
foot amenity zone
and 5-15 foot amenity zone.
*Applicant has requested a waiver; staff does not support the waiver request for
Hamilton Lane but does support the waiver as it relates to the amenity zoned width on
Tonopah Drive.

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
Number of Parking Ratio Handi- Handi-
Regular Regular
Units capped capped
1 per 200 (first
Office, Medical 5,461 s.f.
2,000 s.f.)
10
1 per 175,
thereafter
20
TOTAL SPACES REQUIRED 30 9 N
Regular and Handicap Spaces Required 28 2 8 1 N

PB
VAR-69410 and SDR-69411 [PRJ-69213]
Staff Report Page Ten
April 11, 2017 - Planning Commission Meeting

Parking Requirement
Gross Floor Required Provided Compliance
Area or Parking Parking
Use
Number of Parking Ratio Handi- Handi-
Regular Regular
Units capped capped
Loading
0 0 Y
Spaces
Percent Deviation 70%

Waivers
Requirement Request Staff Recommendation

Hamilton Lane is considered Reduced right of way


by the LVMD master plan to width, ten feet of
be a Type B street which sidewalk at back of
Denial
requires a 10-foot sidewalk at curb with street trees,
back of curb (with street and a one-foot wide
trees) and a fifteen-foot amenity zone.
amenity zone

Tonopah Drive is considered


Ten feet of sidewalk
by the LVMD master plan to
at back of curb with
be a Type A street which Approval (only of the reduced
street trees, and an
requires a 10-foot sidewalk at amenity zone width)
eleven-foot wide
back of curb (with street
amenity zone.
trees) and a fifteen-foot
amenity zone.

The LVMD master plan also


requires parking lot A one-foot wide
screening of either a ten-foot landscape buffer at
wide landscape buffer at back of sidewalk with Denial
back of sidewalk or a six-foot a three-foot high
wide buffer at back of screen wall.
sidewalk with a three-foot
high screen wall

PB
VAR-69410 and SDR-69411 [PRJ-69213]
Staff Report Page Eleven
April 11, 2017 - Planning Commission Meeting

Waivers
Requirement Request Staff Recommendation

A zero-foot
Eight-foot wide landscape
landscape buffer on
buffers are required on the Denial
portions of the east
internal property lines.
and south property
lines.

PB
VAR-69410 [PRJ-69213] - VARIANCE RELATED TO SDR-69411 - OWNER/APPLICANT: DAVID HUNTINGTON
517 SOUTH TONOPAH DRIVE
03/02/17
VAR-69410 [PRJ-69213] - VARIANCE RELATED TO SDR-69411 - OWNER/APPLICANT: DAVID HUNTINGTON
517 SOUTH TONOPAH DRIVE
03/02/17
7 7 7
7
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7777777777

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777 A77 777 77 7 7 7 7*7 7 7
777777A77777777
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7 A7 7 7 7 7 7 7 7 7 7 7 b7 7 7
7 7 7 7 7 7 *7 7 7 b7
7 7 777 77 77 77
7 7 7 7 7 7 7 7 7 7 7 A7
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7b7*777777777 77777
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A7 7 7 7 7 77777777777
777777777*77777

7 7777777777777777777777777777*777*777
7 7
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7 7 7 7 7 7 7 7 7 7 7 77777777777

77777777777777777777777777777777777777 7 7 77777777777777777777777777
7777777777777777
77777777777 777777777777 7"7 7 7 7 7 7777777777777777

7777777777777

VAR-69410 and SDR-69411 - REVISED


77

A777777*77*7777AA7*7777
777777777777777 77 7 *7
77777777*7777777777
77777777777777
7777777777777A777
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*777777

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7 7 7 7 7 7 7 7 7 7 7 7777777777777

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777777777777777777
77777777777 77777777777 7"7 7 7 7 7 7777777777777777

777777777777777
7

VAR-69410 and SDR-69411 - REVISED


Agenda Item No.: 35.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
SDR-69411 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-69410 - PUBLIC
HEARING - APPLICANT/OWNER: DAVID HUNTINGTON - For possible action on a request
for a Site Development Plan Review FOR THE CONVERSION OF A SINGLE-FAMILY
RESIDENCE TO A 5,461 SQUARE-FOOT OFFICE, MEDICAL OR DENTAL BUILDING
WITH WAIVERS OF THE LAS VEGAS MEDICAL DISTRICT PARKING LOT
SCREENING AND STREETSCAPE REQUIREMENTS; AND TO ALLOW A ZERO-FOOT
PERIMETER LANDSCAPE BUFFER ON A PORTION OF THE SOUTH AND EAST
PROPERTY LINES WHERE EIGHT FEET IS REQUIRED on 0.31 acres at 517 South Tonopah
Drive (APN 139-33-302-001), PD (Planned Development) Zone [MD-1 (Medical Support) Las
Vegas Medical District Special Land Use Designation], Ward 1 (Tarkanian) [PRJ-69213]. Staff
recommends DENIAL.

MAY GO TO CITY COUNCIL ON 5/17/2017


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

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
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-69411



77

SDR-69411



Agenda Item No.: 36.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
VAR-68235 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: KATRINA
NICOSIA - For possible action on a request for a Variance TO ALLOW A ZERO-FOOT SIDE
AND REAR YARD SETBACK WHERE THREE FEET IS REQUIRED FOR AN EXISTING
ACCESSORY STRUCTURE (CLASS II) [GAZEBO] on 0.17 acres at 6229 Markleham Avenue
(APN 125-26-511-012), R-PD3 (Residential Planned Development - 3 Units per Acre) Zone,
Ward 6 (Ross) [PRJ-67071]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 5/17/2017


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-68235 [PRJ-67071]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: KATRINA NICOSIA

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-68235 Staff recommends DENIAL, if approved subject to N/A
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 25

NOTICES MAILED 237

PROTESTS 0

APPROVALS 0

RG
VAR-68235 [PRJ-67071]
Conditions Page One
April 11, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-68235 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. All necessary building permits shall be obtained within 90 days of final approval.

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

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

RG
VAR-68235 [PRJ-67071]
Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant built a detached gazebo and barbeque islands without first obtaining a
building permit. Code Enforcement issued a citation for building without a permit and
for encroaching into the required side and rear setback areas at 6229 Markleham
Avenue.

ISSUES

The Variance request is to allow a zero-foot side and rear yard setback for an
Accessory Structure (Class II) [Gazebo] with a barbecue island, where three feet is
required pursuant to Title 19.06. Staff does not support this request.
The Variance application is a result of an open Code Enforcement case (#169722).

ANALYSIS

The subject property is located in an R-PD3 (Residential Planned Development 3


Units per Acre) zoning district and is subject to the requirements of Rezoning (Z-0188-
96) and Title 19.06 development standards.

The Accessory Structure (Class II) [Gazebo] with a barbecue island was installed within
the rear yard of the property, and is located zero feet from the side and rear property
lines. They were installed without a building permit, which resulted in a Code
Enforcement case (#169722). If this application is approved, a condition of approval
has been added to require the applicant to obtain a building permit within 90 days of
final approval.

The existing accessory structure and barbecue island does not meet the setback
requirements pursuant to Title 19. The applicant has created a self-imposed hardship
by not constructing the accessory structure to meet Title 19 development standards,
and by not first obtaining a building permit. Therefore, staff recommends denial of this
request. If the application is denied, the structure will be required to be removed or
modified to meet the requirements of Title 19 and the building code.

FINDINGS (VAR-68235)

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

RG
VAR-68235 [PRJ-67071]
Staff Report Page Two
April 11, 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 not inquiring the Title 19 development
standards, which resulted with an unpermitted structure that does meet city codes. 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 General Plan Amendment (GPA-0051-
96) on property located on the south side of Centennial Parkway
(proposed Beltway), between Jones Boulevard and Torrey Pines
11/24/97
Drive, From: DR (Desert Rural Density Residential) To: R (Rural
Density Residential). The Planning Commission recommended denial,
whereas staff recommended approval.
The City Council approved a Rezoning (Z-0118-96) on property
located on the west side of Jones Boulevard and the south side of
11/24/97 Centennial Parkway, from: R-E (Residence Estates) to: R-PD3
(Residential Planned Development 3 Units Per Acre). The Planning
Commission recommended denial and staff objects.
A Code Enforcement citation (#169722) was issued for an unpermitted
08/16/16 shade structure encroaching into the setback at 6229 Markleham
Avenue

RG
VAR-68235 [PRJ-67071]
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

Most Recent Change of Ownership


04/09/10 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#02017411) was issued for a single family, dwelling
09/30/02
at 6229 Markleham Avenue. The permit was finalized on 03/21/03.
A building permit (#162062) was issued for a block wall at 6229
04/30/10
Markleham Avenue. The permit was finalized on 04/30/10.
A building permit (#332314) was issued for a two-foot fence addition
12/19/16 above of the existing block wall at 6229 Markleham Avenue. The
permit is currently active.

Pre-Application Meeting
At a pre-application meeting staff discussed the Variance application
process and submittal requirements for the setback a proposed
10/04/16
accessory structure with the applicant. The applicant was presented
with options to comply with Title 19 to avoid a Variance application.

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

Field Check
A field check was conducted by staff and observed a well maintained
03/02/17
single family residence.

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
R-PD3 (Residential
Subject Single Family, R (Rural Density
Planned Development
Property Detached Residential)
3 Units Per Acre)

RG
VAR-68235 [PRJ-67071]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
R-PD3 (Residential
Single Family, R (Rural Density
North Planned Development
Detached Residential)
3 Units Per Acre)
R-PD3 (Residential
Single Family, R (Rural Density
South Planned Development
Detached Residential)
3 Units Per Acre)
R-PD3 (Residential
Single Family, R (Rural Density
East Planned Development
Detached Residential)
3 Units Per Acre
R-PD3 (Residential
Single Family, R (Rural Density
West Planned Development
Detached Residential)
3 Units Per Acre) R-

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

DEVELOPMENT STANDARDS

Pursuant to Z-0118-96 and Title 19.06, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size 6,500 SF 7,515 SF Y
Min. Lot Width 60 Feet 71.57 Feet Y
Min. Setbacks [Accessory Structure
(Class II)]
Side 3 Feet 0 Feet N
Rear 3 Feet 0 Feet N
Min. Distance Between Buildings 6 Feet 7 Feet Y
Max. Coverage (Not to exceed floor
area of principal dwelling unit) 50 % 12 % Y
Max. Building Height 26 Feet 9 Feet Y

RG
VAR-68235 [PRJ-67071]
Staff Report Page Five
April 11, 2017 - Planning Commission Meeting

Functional Actual Compliance


Governing
Street Name Classification of Street Width with Street
Document
Street(s) (Feet) Section

Markleham
Local N/A 52 N/A
Avenue

RG
VAR-68235



b777A7
A77

A77 7777!77777777

A77 7AA7A

77 bA7b

A777

77 A7777

77A77
b
777

7777

777

7A

A7

A777

A777

A7A7 7!7A

A7b7 7

A77

A77

A77

A7

A77

777

777

7A7 7!7A

7b7 7

77

77

77

7

77

77A 7
VAR-68235 777
b777A7
77777777
7777
77777
77777!7
77777b7
7777
777
777
777
77777
777777
77777
7777
77777
77777
!77
7A
7777b7

777

7 A7 A
bA7AA7 7AA7A7 A7A77

bA7A7 b7 7
77 77 7

77A 7
VAR-68235 777

VAR-68235

VAR-68235
VAR-68235 [PRJ-67071] - VARIANCE - APPLICANT/OWNER: KATRINA NICOSIA
6229 MARKLEHAM AVENUE
03/02/17
VAR-68235 [PRJ-67071] - VARIANCE - APPLICANT/OWNER: KATRINA NICOSIA
6229 MARKLEHAM AVENUE
03/02/17

VAR-68235
Agenda Item No.: 37.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
VAR-69126 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: CHRISTOPHER
ALBERTI - For possible action on a request for a Variance TO ALLOW A SEVEN-FOOT
SIDE YARD SETBACK WHERE 10 FEET IS REQUIRED FOR AN EXISTING
ACCESSORY STRUCTURE (CLASS II) [DETACHED PATIO COVER] on 0.35 acres located
at 4686 Dream Catcher Avenue (APN 138-04-510-042), R-E (Residence Estates) Zone, Ward 4
(Anthony) [PRJ-69083]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 5/17/2017


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 DENIAL, if approved, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Support Postcard
VAR-69126 [PRJ-69083]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CHRISTOPHER ALBERTI

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-69126 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 23

NOTICES MAILED 121

PROTESTS 0

APPROVALS 1

CS
VAR-69126 [PRJ-69083]
Conditions Page One
April 11, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-69126 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-69126 [PRJ-69083]
Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request to keep an existing detached patio cover in a required side yard
setback area. The subject site is located at 4686 Dream Catcher Avenue.

ISSUES

The R-E (Residence Estates) zoning district requires accessory structures to have a
minimum side yard setback of 10 feet. The applicant is proposing a seven-foot side
yard setback for an existing detached patio cover. Staff recommends denial of this
request.

ANALYSIS

The subject site is located within the R-E (Residence Estates) zoning district, which
requires accessory structures to have a minimum side yard setback of 10 feet. The
applicant is requesting a Variance to keep an existing accessory structure (Class II)
[detached patio cover] in its current location with a seven-foot side yard setback. The
subject site is a corner lot adjacent to a single family dwelling and private park. Building
Permit #331958 was initially issued for the subject patio cover; however, upon
inspection it was found that the submitted site plan did not have the correct setbacks
listed.

Since this is a self-imposed hardship created by the owner, staff recommends denial of
the request. If approved, the applicant will be able to keep their existing detached patio
cover as constructed.

FINDINGS (VAR-69126)

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.

CS
VAR-69126 [PRJ-69083]
Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

Additionally, Title 19.16.140(L) states:


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

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by constructing an accessory structure
that does not meet Title 19 requirements. In view of the absence of any hardships
imposed by the sites physical characteristics, it is concluded that the applicants
hardship is preferential in nature, and it is thereby outside the realm of NRS Chapter
278 for granting of Variances.

BACKGROUND INFORMATION

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


The City Council approved Annexation (ANX-59599), which annexed
08/19/15 21.05 acres located on the northwest corner of Red Coach Avenue
and Conough Lane.

Most Recent Change of Ownership


04/11/12 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


12/14/16 Building Permit #331958 was issued for two patio covers.
A Building Permit Revision #333541 was finalized eliminating one of
01/11/17
the patio covers in Building Permit #331958.
A Building Permit Revision #333318 was finalized in which a revised
02/06/17 site plan was submitted to correctly reflect the setbacks in Building
Permit #331958.

CS
VAR-69126 [PRJ-69083]
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

Pre-Application Meeting
Staff conducted a pre-application meeting with the applicant where the
02/14/17
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
03/02/17
single family dwelling with two existing patio covers in the rear yard.

Details of Application Request


Site Area
Net Acres 0.35

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-E (Residence
Property Detached Residential) Estates)
Single Family, L (Low Density R-E (Residence
North
Detached Residential) Estates)
Single Family, L (Low Density R-E (Residence
South
Detached Residential) Estates)
L (Low Density R-E (Residence
East Private Park
Residential) Estates)
Single Family, L (Low Density R-E (Residence
West
Detached Residential) Estates)

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

CS
VAR-69126 [PRJ-69083]
Staff Report Page Four
April 11, 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

DEVELOPMENT STANDARDS

Standard Required/Allowed Provided Compliance


Min. Lot Size 20,000 SF 15,246 SF N
Min. Lot Width 100 Feet 104 Feet Y
Min. Setbacks (Accessory
Structures)
Side 10 Feet 7 Feet N
Corner 15 Feet NA NA
Rear 10 Feet 10 Feet Y
Min. Distance Between Buildings 6 Feet 9 Feet Y
Max. Lot Coverage 50 % 19% Y

CS
VAR-69126



CLV Planning - Application Form
Application Number: PRJ-69083

Application/Petition For: Alberti Patio Cover SETBACK VARIANCE

ProjectAddress (Location): 4686 DREAM CATCHER AVENUE

Project Name ALBERTI PATIO COVER SETBACK VARIANCE

Assessors Parcel #(s): 13804510042

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: 0.33

Lots/Units: 1

Additional Information: none

Applicant First Name: Christopher

Applicant Last Name: Alberti

Applicant Address: 4686 Dream Catcher Avenue

Applicant City: Las Vegas

Applicant State: Nevada

Applicant Zip: 89129

Applicant Phone: 9285812383

Applicant Fax:

Applicant Email: pumpjock@yahoo.com

Rep First Name: Christopher

Rep Last Name: Alberti

Rep Address: 4686 Dream Catcher Avenue

Rep City: Las Vegas

Rep State: Nevada

Rep Zip: 89129

Rep Phone: 9285812383

Rep Fax:

Rep Email: pumpjock@yahoo.com

3/1/2017 11:33:34 AM VAR-69126 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


ALBERTI CHRISTOPHER J REV TR 4686 DREAM CATCHER AVE LAS VEGAS, NV 89129

CLVEPLAN Applicant Company Title Email


Christopher Alberti Lakeview Patio Property Owner pumpjock@yahoo.com

3/1/2017 11:33:34 AM
VAR-69126 Page 2 of 2

VAR-69126 - REVISED

VAR-69126
VAR-69126 [PRJ-69083] - VARIANCE - APPLICANT/OWNER: CHRISTOPHER ALBERTI
4686 DREAM CATCHER AVENUE
03/02/17
VAR-69126 [PRJ-69083] - VARIANCE - APPLICANT/OWNER: CHRISTOPHER ALBERTI
4686 DREAM CATCHER AVENUE
03/02/17
VAR-69126 [PRJ-69083] - VARIANCE - APPLICANT/OWNER: CHRISTOPHER ALBERTI
4686 DREAM CATCHER AVENUE
03/02/17
VAR-69126 [PRJ-69083] - VARIANCE - APPLICANT/OWNER: CHRISTOPHER ALBERTI
4686 DREAM CATCHER AVENUE
03/02/17
VAR-69126 [PRJ-69083] - VARIANCE - APPLICANT/OWNER: CHRISTOPHER ALBERTI
4686 DREAM CATCHER AVENUE
03/02/17
777b77b7777

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VAR-69126
Agenda Item No.: 38.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
VAR-69167 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: ANGEL ATILIO &
KARA SANCHEZ - For possible action on a request for a Variance TO ALLOW A ONE-FOOT
SIDE YARD SETBACK WHERE FIVE FEET IS REQUIRED AND A TWO-FOOT REAR
YARD SETBACK WHERE 15 FEET IS REQUIRED FOR AN EXISTING ADDITION TO A
SINGLE-FAMILY DWELLING on 0.17 acres located at 6104 Kimberly Circle (APN 138-35-
812-035), R-1 (Single Family Residential) Zone, Ward 1 (Tarkanian) [PRJ-68793]. Staff
recommends DENIAL.

MAY GO TO CITY COUNCIL ON 5/17/2017


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. Support Letters
VAR-69167 [PRJ-68793]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: ANGEL ATILIO & KARA SANCHEZ

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-69167 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 21

NOTICES MAILED 531

PROTESTS 0

APPROVALS 4

PB
VAR-69167 [PRJ-68793]
Conditions Page One
April 11, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-69167 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. All necessary building permits shall be obtained within 90 days of final approval of
the Variance (VAR-69167).

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.

PB
VAR-69167 [PRJ-68793]
Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant began construction of a 568 square-foot, one-story addition to the existing
1,530 square-foot single family home at 6104 Kimberly Circle prior to obtaining building
permits. They received a citation from Code Enforcement for construction without a
permit and for the addition being within the five-foot side yard and 15-foot rear yard
setback areas. The applicant then submitted this variance request.

ISSUES

A citation (#172493) was issued for construction without a building permit, and for
encroachments into the side and rear yard setback areas. That citation is still open.
The addition has already been partially constructed and is one foot from the side
property line, where five feet is required; and two feet from the rear property line,
where 15 feet is required. Staff does not support this variance request.

ANALYSIS

The applicant began construction on a room addition prior to the issuance of permits
and located that addition within the side and rear setback areas. The addition is sided
with stucco and is roofed with asphalt shingles as is the existing dwelling. The addition
is below the maximum height and maximum lot coverage allowed in the R-1 (Single
Family Residential) zoning district per UDC 19.06.

The addition is one foot, ten inches from the eave to the side property line, and two foot,
ten inches from the eave to the rear property line. Typically, setbacks are measured to
the addition wall, and eaves are allowed to overhang up to two feet; however, the
addition in questions is within three feet of the property line so all setbacks are
measured to the eave as the leading edge of the addition. As such, the deviation
proposed is 80% for the side setback and 94% for the rear setback.

As the proposed deviations are extreme and there appears to be an absence of


hardship, staff is recommending denial of this request. Staff has included conditions if
approved.

PB
VAR-69167 [PRJ-68793]
Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

FINDINGS (VAR-69167)

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 electing to size the addition and locate
the addition inappropriately for the lot configuration. Alternative design or location on
the lot 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


A citation (#172493) was issued by Code Enforcement for construction
11/20/2016 without a permit and setback encroachments. The case is still open
pending the outcome of this request.

Most Recent Change of Ownership


08/01/01 A deed was recorded for a change in ownership.

PB
VAR-69167 [PRJ-68793]
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


1960 The existing Single Family Dwelling was constructed.

Pre-Application Meeting
A preapplication meeting was held with the applicant, where the
01/30/17
submittal requirements were discussed.

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

Field Check
Staff completed a routine site visit and found a typical single family
03/02/17
residential property, with a partially completed addition.

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
Subject Single Family L (Low Density R-1 (Single Family
Property Residential Residential) Residential)
Public Utility
North PF (Public Facility) C-V (Civic)
(LVVWD)
Single Family L (Low Density R-1 (Single Family
South
Residential Residential) Residential)
RPD-15 (Residential
Multi-Family M (Medium Density
East Planned Development
Residential Residential)
15 units per acre)
Single Family L (Low Density R-1 (Single Family
West
Residential Residential) Residential)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A

PB
VAR-69167 [PRJ-68793]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

Special Purpose 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 19.06, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size 6,500 SF 8,275 SF Y
Min. Lot Width 60 Feet 60 Feet Y
Min. Setbacks
Front 20 Feet 24 Feet Y
Side 5 Feet 1 Feet *N
Corner 15 Feet N/A Y
Rear 15 Feet 2 Feet *N
Min. Distance Between Buildings 6 Feet N/A Y
Max. Lot Coverage 50 % 26 % Y
Max. Building Height 35 Feet 30 Feet Y
*The applicant has requested a variance to allow the addition to be one foot from the
side property line and two feet from the rear property line.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Kimberly Circle Local Street Title 13 52 Y

PB
VAR-69167



VAR-69167


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VAR-69167
VAR-69167 [PRJ-68793] - VARIANCE - APPLICANT/OWNER: ANGEL ATILIO & KARA SANCHEZ
6104 KIMBERLY CIRCLE
03/02/17
VAR-69167 [PRJ-68793] - VARIANCE - APPLICANT/OWNER: ANGEL ATILIO & KARA SANCHEZ
6104 KIMBERLY CIRCLE
03/02/17
VAR-69167 [PRJ-68793] - VARIANCE - APPLICANT/OWNER: ANGEL ATILIO & KARA SANCHEZ
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03/02/17
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VAR-69167 - REVISED
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VAR-69167 - REVISED
Agenda Item No.: 39.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
VAR-69168 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: LAVERT AND
VINCENT POMPEI-BENEFIELD REVOCABLE LIVING TRUST - For possible action on a
request for a Variance TO ALLOW A SEVEN-FOOT TALL WALL/FENCE IN THE FRONT
YARD AREA WHERE A MAXIMUM OF FIVE FEET WITH A TWO-FOOT SOLID BASE
IS ALLOWED on 0.27 acres at 1720 Villa de Conde Way (APN 162-05-712-022), R-1 (Single
Family Residential) Zone, Ward 1 (Tarkanian) [PRJ-69078]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 5/17/2017


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 DENIAL, if approved, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcard
VAR-69168 [PRJ-69078]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: LAVERT AND VINCENT POMPEI-
BENEFIELD REVOCABLE LIVING TRUST

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-69168 Staff recommends DENIAL, if approved subject to N/A
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 27

NOTICES MAILED 288

PROTESTS 0

APPROVALS 0

RG
VAR-69168 [PRJ-69078]
Conditions Page One
April 11, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-69168 CONDITIONS

Planning

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

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

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

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

RG
VAR-69168 [PRJ-69078]
Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is requesting a Variance to allow a seven-foot tall wall/fence in the front
yard area at 1720 Villa De Conde Way.

ISSUES

The Variance request is to allow a seven-foot tall wall/fence in the front yard area
where a maximum of five feet with a two-foot solid base is allowed. Staff does not
support this request.

ANALYSIS

The subject property is located in an R-1 (Single Family Residential) zoning district and
is subject to Title 19.06 development standards. The proposed front yard wall will not
have an impact on the Airport Overlay District.

The applicant is requesting a Variance to allow a proposed seven-foot tall front yard
wall. Pursuant to Title 19.06, Front Yard Wall/Fence, a maximum height of five feet with
a two-foot solid wall base height is allowed. The proposed wall is composed of a solid
five-foot tall stucco base with two-foot tall decorative slatted openings between stucco
pilasters with an overall height of seven feet. The proposed wall/fence placement will
be setback at seven feet, five-inches from east property line and continues on the south
property line.

The proposed seven-foot tall front yard wall/fence exceeds the maximum height
requirement. Staff finds that the applicant is creating a self-imposed hardship, and
therefore recommends denial of this request. If the application is approved, it is subject
to conditions.

FINDINGS (VAR-69168)

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

RG
VAR-69168 [PRJ-69078]
Staff Report Page Two
April 11, 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 a seven-foot tall front yard
wall/fence. The applicant is creating a self-imposed hardship. In view of the absence of
any hardships imposed by the sites physical characteristics, staff finds 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.


There are no related city actions for this property.

Most Recent Change of Ownership


11/03/15 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#0331-35) was issued for a single family residence
01/06/79
at 1720 Villa de Conde Way. The permit was finalized on 09/17/79.
A building permit (#8200) was issued for a patio cover at 1720 Villa de
11/08/79
Conde Way. The permit was finalized on 08/24/81.
A building permit (#0223) was issued for a swimming pool at 1720 Villa
02/12/80
de Conde Way. The permit was finalized on 10/12/81.

RG
VAR-69168 [PRJ-69078]
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

Pre-Application Meeting
A pre-application meeting was conducted by staff with the applicant to
02/15/17 discuss the submittal requirements for a Variance application to allow
a seven-foot tall fence/wall within the front yard of the property.

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

Field Check
03/02/17 A field check conducted by staff revealed a neat and well maintained.

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)

Master Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Purpose and Overlay Districts Compliance
A-O (Airport Overlay) District Y

RG
VAR-69168 [PRJ-69078]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

Other Plans or Special Requirements Compliance


Trails N/A
Las Vegas Redevelopment Plan Area 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 11,761 SF Y
Min. Lot Width 60 Feet 87 Feet Y
Min. Fence/Wall Height
Front Yard 5 Feet 7 Feet N

Actual Complian
Functional
Governing Street ce with
Street Name Classification of
Document Width Street
Street(s)
(Feet) Section
Villa de Conde
Local Street Title 13 60 Y
Way

RG
VAR-69168



VAR-69168



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VAR-69168
VAR-69168 [PRJ-69078] - VARIANCE - APPLICANT/OWNER: LAVERT AND VINCENT POMPEI-BENEFIELD
REVOCABLE LIVING TRUST
1720 VILLA DE CONDE WAY
03/02/17
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VAR-69168
Agenda Item No.: 40.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
VAR-69204 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: MAJORIE A
POLLY LIVING TRUST - For possible action on a request for a Variance TO ALLOW A 40-
FOOT FRONT YARD SETBACK WHERE 50 FEET IS REQUIRED FOR A PROPOSED
ADDITION TO AN EXISTING SINGLE-FAMILY DWELLING on 0.75 acres located at 3210
Ashby Avenue (APN 162-05-112-013), R-E (Residence Estates) Zone, Ward 1 (Tarkanian)
[PRJ-69141]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 5/17/2017


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 DENIAL, if approved, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Support Postcards
VAR-69204 [PRJ-69141]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: MAJORIE A POLLY LIVING TRUST

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-69204 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 23

NOTICES MAILED 207

PROTESTS 0

APPROVALS 2

CS
VAR-69204 [PRJ-69141]
Conditions Page One
April 11, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-69204 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-69204 [PRJ-69141]
Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request to construct a house addition within a required front yard setback area.
The house is located at 3210 Ashby Avenue.

ISSUES

The R-E zoning district requires principal buildings to have a minimum front yard
setback of 50 feet. The applicant is proposing a 40-foot front yard setback for a
house addition. Staff recommends denial of this request.

ANALYSIS

The subject site is located within the R-E (Residence Estates) zoning district, which
requires principal buildings to have a minimum front yard setback of 50 feet. The
applicant is requesting a variance to construct a 253 square-foot addition on the
southwest corner of the existing house with a front yard setback of 40 feet. Per the
submitted justification letter, the additional space is needed in order to provide a secure
home for the owners vehicles. Originally, the existing house was built with a two car
garage. This garage was later converted into an entertainment room. The applicant
intends to convert this room back into a garage. Aesthetically, the garage will match the
exterior of the existing dwelling.

Since this is a self-imposed hardship created by the owner, staff recommends denial of
the request. If approved, the applicant will be able to construct a house addition with a
front yard setback of 40 feet. If denied, the applicant will have to redesign the proposed
addition in order to meet Title 19 requirements.

FINDINGS (VAR-69204)

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.

CS
VAR-69204 [PRJ-69141]
Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

Additionally, Title 19.16.140(L) states:


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

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by proposing to construct a house
addition that does not meet Title 19 requirements. In view of the absence of any
hardships imposed by the sites physical characteristics, Staff finds 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.


There are no related relevant city actions on file.

Most Recent Change of Ownership


08/22/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no related building permits or business licenses on file.

Pre-Application Meeting
Staff conducted a pre-application meeting with the applicant where the
02/22/17
submittal requirements and deadlines were reviewed.

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

CS
VAR-69204 [PRJ-69141]
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

Field Check
Staff conducted a routine field check and found a well maintained single
03/02/17
family residence.

Details of Application Request


Site Area
Net Acres 0.75

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)
Office, Medical or C-D (Designed
North O (Office)
Dental Commercial)
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)
Single Family, DR (Desert Rural R-E (Residence
West
Detached Density Residential) Estates)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Purpose and Overlay Districts Compliance
A-O (Airport Overlay) District Y
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

CS
VAR-69204 [PRJ-69141]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to Title 19.06, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size 20,000 SF 32,670 SF Y
Min. Lot Width 100 Feet 116 Feet Y
Min. Setbacks
Front 50 Feet 40 Feet N
Side 10 Feet 10 Feet Y
Max. Lot Coverage N/A N/A N/A
Max. Building Height 35 Feet 14 Feet Y

CS
VAR-69204



VAR-69204


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VAR-69204
VAR-69204 [PRJ-69141] - VARIANCE - APPLICANT/OWNER: MAJORIE A POLLY LIVING TRUST
3210 ASHBY AVENUE
03/02/17
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VAR-69204
Agenda Item No.: 41.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
VAR-69215 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: THE ARNOLD
FAMILY REVOCABLE LIVING TRUST - For possible action on a request for a Variance TO
ALLOW A FIVE-FOOT SIDE YARD SETBACK ON THE WEST AND NORTH PROPERTY
LINES AND A ZERO-FOOT REAR YARD SETBACK WHERE 10 FEET IS REQUIRED
FOR A PROPOSED ACCESSORY STRUCTURE (CLASS II) [CASITA] on 0.46 acres at 7641
North Jones Boulevard (APN 125-14-607-021), R-E (Residence Estates) Zone, Ward 6 (Ross)
[PRJ-68940]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 5/17/2017


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-69215 [PRJ-68940]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: THE ARNOLD FAMILY REVOCABLE
LIVING TRUST

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-69215 Staff recommends DENIAL, if approved subject to N/A
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 26

NOTICES MAILED 133

PROTESTS 0

APPROVALS 0

RG
VAR-69215 [PRJ-68940]
Conditions Page One
April 11, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-69215 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. Contact the Southern Nevada Health District (SNHD), Environmental Health


Division, to obtain written approval showing compliance with a temporary permit for
an individual sewage disposal system (ISDS or septic tank system), prior to the
issuance of any building permits. Alternatively, connect to public sewer and
abandon the ISDS according to SNHD regulations.

RG
VAR-69215 [PRJ-68940]
Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to construct a two bedroom, two-story accessory structure


with a two car garage and workshop. The structure is proposed in the northwest corner
of the lot at 7461 North Jones Boulevard, behind the existing single-family dwelling.

ISSUES

The Variance request is to allow a five-foot side yard setback along the west and
north property lines and a zero-foot rear yard setback where 10 feet is required for a
proposed detached Accessory Structure (Class II) [Casita]. Redesigning the garage
expansion to meet the minimum 10-foot setback from the side and rear is achievable
and no evidence of unique circumstances has been presented. Staff does not
support this request.

ANALYSIS

The property is located in an R-E (Residence Estates) zoning district and is subject to
the development standards included in Title 19.06. Pursuant to Title 19.06 R-E
(Residence Estates) standards, the accessory structure must be placed at least 10 feet
from the side and rear property lines. The proposed detached accessory structure will
be located at the northwest corner of the subject property with the side yard setbacks of
five feet and a zero-foot rear yard setback. The side yards consist of the west and north
property lines. The maximum height allowed for a detached accessory structure is not
to exceed two stories or 35 feet in height, whichever is less. The subject property
contains a single-family residence and is located within the Rural Preservation Overlay
District. The proposed detached Accessory Structure (Class II) [Casita] will not have an
impact on the Rural Preservation Overlay District.

Pursuant to Title 19.18.020, in the Words and Terms Defined, a Rear Lot Line is defined
as The property line opposite and most distant from the front property line. In the case
of a triangular or otherwise irregularly shaped lot, a line 10 feet in length entirely within
the lot, parallel to and at a maximum distance from the front property line. The subject
site is an irregularly shaped lot; therefore, the northwest corner of the lot would be the
rear lot line and the proposed structure has a rear yard setback of zero feet.

RG
VAR-69215 [PRJ-68940]
Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

The applicant is requesting a Variance to allow the proposed Accessory Structure


(Class II) [Casita] to be five feet from the side property lines and zero feet from the rear
setback area. The subject property has sufficient space to accommodate an accessory
structure that can meet Title 19 requirements. Unique or extraordinary circumstances
have not been presented with this Variance request; therefore, staff recommends denial
of this request. If this application is approved, it is subject to conditions.

FINDINGS (VAR-69215)

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 an accessory structure
encroaching into the required side and rear yard setbacks. The subject property has
sufficient space to accommodate an accessory structure that can meet Title 19
requirements. In view of the absence of any hardships imposed by the sites physical
characteristics, staff finds that the applicants hardship is preferential in nature, and it is
thereby outside the realm of NRS Chapter 278 for granting of Variances.

RG
VAR-69215 [PRJ-68940]
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

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


There are no related city actions found for this property.

Most Recent Change of Ownership


07/16/15 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#91111518) was issued for a single family residence
06/26/91
at 7641 North Jones Boulevard. The permit was finalized on 02/10/92.
A building permit (#93180159) was issued for an ornamental iron and
03/18/93 masonry wall at 7641 North Jones Boulevard. The permit was
finalized on 03/26/93.
A building permit (#93181209) was issued for a pool at 7641 North
03/29/93
Jones Boulevard. The permit was finalized on 03/29/93.
A building permit (#93181209) was issued for a lattice patio cover
03/30/93
7641 North Jones Boulevard. The permit was finalized 05/10/93.
A building permit (#03008161) was issued for tile patio cover at 7641
04/23/03
North Jones Boulevard. The permit was finalized on 06/24/03.

Pre-Application Meeting
At a pre-application meeting staff discussed the Variance application
process and submittal requirements for the setback a proposed
02/06/07 accessory structure with the applicant. The application has been
presented options to comply with Title 19 to avoid a Variance
application.

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

Field Check
A field check was conducted by staff and observed that the single-
03/02/17
family residence is well maintained.

RG
VAR-69215 [PRJ-68940]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

Details of Application Request


Site Area
Gross Acres 0.46

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)

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Single Family, DR (Desert Rural R-E (Residence
East
Detached Density Residential) Estates)
Single Family, DR (Desert Rural R-E (Residence
West
Detached Density Residential) Estates)

Master Plan Areas Compliance


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

RG
VAR-69215 [PRJ-68940]
Staff Report Page Five
April 11, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to Title 19.06, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size 20,000 SF 20,037 SF Y
Min. Setbacks Accessory Structure
(Class II) [Casita]

Side (North) 10 Feet 5 Feet N


Side (West) 10 Feet 5 Feet N
Rear 10 Feet 0 Feet N
Min. Distance Between Buildings 6 Feet 18 Feet Y
Rear Yard Size and Coverage 50 % 13 % Y
35 Feet or Two 20 Feet or
Max. Building Height Stories Two Stories Y

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Jones Planned Streets and
Primary Arterial 100 Y
Boulevard Highways Map

RG
VAR-69215



VAR-69215

VAR-69215 - REVISED
VAR-69215 - REVISED
VAR-69215


VAR-69215 [PRJ-68940] - VARIANCE - APPLICANT/OWNER: THE ARNOLD FAMILY REVOCABLE LIVING TRUST
7641 NORTH JONES BOULEVARD
03/02/17
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VAR-69215
Agenda Item No.: 42.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
VAR-69229 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: NATHANIEL
LEAVITT - For possible action on a request for a Variance TO ALLOW A THREE-FOOT
SIDE YARD SETBACK WHERE FIVE FEET IS REQUIRED AND A 13-FOOT REAR
YARD SETBACK WHERE 15 FEET IS REQUIRED FOR AN EXISTING ADDITION TO A
SINGLE-FAMILY DWELLING on 0.21 acres located at 3004 Burton Avenue (APN 162-05-
214-005), R-1 (Single Family Residential) Zone, Ward 1 (Tarkanian) [PRJ-68653]. Staff
recommends DENIAL.

MAY GO TO CITY COUNCIL ON 5/17/2017


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-69229 [PRJ-68653]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: NATHANIEL LEAVITT

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-69229 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 28

NOTICES MAILED 253

PROTESTS 2

APPROVALS 0

CS
VAR-69229 [PRJ-68653]
Conditions Page One
April 11, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-69229 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. Prior to final inspection, the eave overhang shall be removed along the east
property line as depicted in the site plan dated 03/01/17 and the elevation dated
03/16/17.

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

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

CS
VAR-69229 [PRJ-68653]
Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request to keep an existing house addition in a required rear and side yard
setback area. The subject site is located at 3004 Burton Avenue.

ISSUES

The R-1 (Single Family Residential) zoning district requires principal dwellings to
have a minimum side yard setback of five feet and a minimum rear yard setback of
15 feet. The applicant is proposing a three-foot side yard setback and a 13-foot rear
yard setback for an existing house addition. Staff recommends denial of the request.

ANALYSIS

The subject site is located within the R-1 (Single Family Residential) zoning district,
which requires principal dwellings to have a minimum five-foot side yard setback and a
minimum 15-foot rear yard setback. The applicant is requesting a Variance to keep an
existing house addition with a side yard setback of three feet and a rear yard setback of
13 feet. Per the submitted justification letter, the addition will be used for storage and
will match the exterior aesthetic of the principal dwelling. Code Enforcement issued
Case #173205 for unpermitted construction of the subject house addition. During a field
check conducted on 03/02/17, staff found that the subject addition had roof eaves that
protrude to the east property line. Per the submitted justification letter and elevation
plan, the eaves on the east side of the addition will be removed if the variance is
approved. A condition has been added to address this issue.

Since this is a self-imposed hardship created by the owner, staff recommends denial of
the request. If approved, the applicant will be able to keep his existing house addition
as constructed.

FINDINGS (VAR-69229)

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

CS
VAR-69229 [PRJ-68653]
Staff Report Page Two
April 11, 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 constructing an addition that does not
meet Title 19 requirements. In view of the absence of any hardships imposed by the
sites physical characteristics, it is concluded that the applicants hardship is preferential
in nature, and it is thereby outside the realm of NRS Chapter 278 for granting of
Variances.

BACKGROUND INFORMATION

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


Code Enforcement issued Case #173205 for possible unpermitted rear
12/20/16
structure. The case remains open.

Most Recent Change of Ownership


10/22/09 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
01/19/17
submittal requirements and deadlines were reviewed.

CS
VAR-69229 [PRJ-68653]
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

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

Field Check
Staff conducted a routine field check and found a nearly completed
03/02/17
house addition with eaves protruding onto the east property line.

Details of Application Request


Site Area
Net Acres 0.21

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 Purpose 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
VAR-69229 [PRJ-68653]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

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 78 Feet Y
Min. Setbacks
Side 5 Feet 3 Feet N
Rear 15 Feet 13 Feet N
Max. Lot Coverage 50 % 32 % Y
Max. Building Height 35 Feet 18 Feet Y

CS
VAR-69229



VAR-69229




VAR-69229

VAR-69229 - REVISED
VAR-69229


VAR-69229


VAR-69229 [PRJ-68653] - VARIANCE - APPLICANT/OWNER: NATHANIEL LEAVITT
3004 BURTON AVENUE
03/02/17
VAR-69229 [PRJ-68653] - VARIANCE - APPLICANT/OWNER: NATHANIEL LEAVITT
3004 BURTON AVENUE
03/02/17
VAR-69229 [PRJ-68653] - VARIANCE - APPLICANT/OWNER: NATHANIEL LEAVITT
3004 BURTON AVENUE
03/02/17
VAR-69229 [PRJ-68653] - VARIANCE - APPLICANT/OWNER: NATHANIEL LEAVITT
3004 BURTON AVENUE
03/02/17
b777777 7 7 7 7 7 77

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17

VAR-69229 - REVISED
Agenda Item No.: 43.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
SUP-69217 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
PACIFIC HEALTHCARE III, LLC - For possible action on a request for a Special Use Permit
FOR A PROPOSED MINI-STORAGE FACILITY WITH A WAIVER TO ALLOW STORAGE
FACILITIES ON THE FIRST FLOOR WHERE SUCH IS NOT ALLOWED AND TO ALLOW
THE NORTH, EAST, AND SOUTH BUILDING FACADES TO NOT APPEAR AS AN
OFFICE OR RETAIL FACILITY WHERE SUCH IS REQUIRED on the east side of Riley
Street, approximately 290 feet south of Rome Boulevard (APN 125-20-803-002), T-C (Town
Center) Zone [MS-TC (Main Street Mixed Use - Town Center) Special Land Use Designation],
Ward 6 (Ross) [PRJ-69125]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 5/17/2017


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 - SUP-69217, SUP69218 and SDR-69219 [PRJ-69125]
2. Conditions and Staff Report - SUP-69217, SUP69218 and SDR-69219 [PRJ-69125]
3. Supporting Documentation - SUP-69217, SUP69218 and SDR-69219 [PRJ-69125]
4. Photo(s) - SUP-69217, SUP69218 and SDR-69219 [PRJ-69125]
5. Justification Letter - SUP-69217, SUP69218 and SDR-69219 [PRJ-69125]
SUP-69217, SUP-69218 and SDR-69219 [PRJ-69125]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: PACIFIC HEALTHCARE III, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-69217 Staff recommends APPROVAL, subject to conditions: SUP-69218
SUP-69218 Staff recommends APPROVAL, subject to conditions: SUP-69217
SDR-69219 Staff recommends APPROVAL, subject to conditions: SUP-69217
SUP-69218

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 26

NOTICES MAILED 130 - SUP-69217 and SUP-69218


130 - SDR-69219

PROTESTS 0 - SUP-69217 and SUP-69218


0 - SDR-69219

APPROVALS 0 - SUP-69217 and SUP-69218


0 - SDR-69219

NE
SUP-69217, SUP-69218 and SDR-69219 [PRJ-69125]
Conditions Page One
April 11, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-69217 CONDITIONS

Planning

1. Conformance to all Minimum Requirements of the Town Center Development


Standards Manual for a Mini-Storage Facility use.

2. Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-69218) and Site Development Plan Review (SDR-69219) 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 storage facilities on the first
floor where such is not allowed.

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

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

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

SUP-69218 CONDITIONS

Planning

1. Conformance to all Minimum Requirements of the Town Center Development


Standards Manual for a Wireless Communication Facility use.

NE
SUP-69217, SUP-69218 and SDR-69219 [PRJ-69125]
Conditions Page Two
April 11, 2017 - Planning Commission Meeting

2. Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-69217) and Site Development Plan Review (SDR-69219) 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. The communications monopole and its associated equipment and facility shall be
properly maintained and kept free of graffiti at all times. Failure to perform the
required maintenance may result in fines and/or removal of the communications
monopole and its associated equipment and facility.

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

SDR-69219 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-69217) and Special Use Permit (SUP-69218) shall be required, if approved.

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

3. All development shall be in conformance with the site plan and landscape plan
date stamped 03/27/17; and building elevations date stamped 02/28/17 and
03/24/17, except as amended by conditions herein.

4. Mechanical and electrical equipment shall be screened from view per Section
B.5.E of the Town Center Development Standards manual.

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SUP-69217, SUP-69218 and SDR-69219 [PRJ-69125]
Conditions Page Three
April 11, 2017 - Planning Commission Meeting

5. The Trash Enclosure shall be screened in accordance with Title 19.08.040(E)(4).

6. A Waiver from the Town Center Development Standards Manual is hereby


approved, to allow none of the building to be built to the front setback line where a
minimum of 80 percent is required.

7. A Waiver from the Town Center Development Standards Manual is hereby


approved, to allow a zero-foot side yard setback where 10 feet is required, and to
allow a seven-foot rear setback where 20 feet is required.

8. A Waiver from the Town Center Development Standards Manual and Title 19.08 is
hereby approved, to allow a portion of the western landscape buffer to be 14 feet in
width where 15 feet is required; to allow a zero-foot landscape buffer along the
southern property line where eight feet is required; and to allow the eastern
landscape buffer to be seven feet where eight feet is required.

9. An Exception from the Town Center Development Standards Manual and Title
19.08 is hereby approved, to allow nine trees in the northern landscape buffer
where 14 are required, and to allow zero trees in the southern landscape buffer
where 15 are required.

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

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

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


Landscape Architect, Residential Designer or Civil Engineer, must be submitted
prior to or at the same time application is made for a building permit. A permanent
underground sprinkler system is required, and shall be permanently maintained in
a satisfactory manner; the landscape plan shall include irrigation specifications.
Installed landscaping shall not impede visibility of any traffic control device. The
technical landscape plan shall include the following changes from the conceptual
landscape plan:
Install one, 24-inch box tree within the parking lot landscape island located on
the corner of storage building number one.
Install one, Washingtonian Robusta (Fan Palm) with a minimum trunk height of
15 feet and root barrier, every 20 linear feet within the eastern landscape
buffer.

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SUP-69217, SUP-69218 and SDR-69219 [PRJ-69125]
Conditions Page Four
April 11, 2017 - Planning Commission Meeting

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

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

Public Works

15. A Parcel Map, such as PMP-65735, that dedicates the east half of the required cul-
de-sac bulb, shall record prior to the issuance of any construction permits for this
site.

16. Construct all incomplete half-street improvements and appropriate overpaving on


Riley Street meeting Town Center Development Standards adjacent to this site
concurrent with development of this site.

17. Connect to public sewer by extending public sewer in Riley Street from Rome
Boulevard, at a depth and location acceptable to the Sanitary Sewer Planning
Section of the Department of Public Works concurrent with on-site development
activities.

18. 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.

19. Submit a License Agreement for landscaping and private improvements in the
Riley Street public right-of-way, if any, prior to the issuance of permits for these
improvements. The applicant must carry an insurance policy for the term of the
License Agreement and add the City of Las Vegas as an additionally insured entity
on this insurance policy. If requested by the City, the applicant shall remove
property within the public right-of-way at the applicant's expense pursuant to the
terms of the City's License Agreement. The installation and maintenance of all
private improvements in the public right-of-way shall be the responsibility of the
applicant and any successors in interest to the property and assigns pursuant to
the terms of the License Agreement. Coordinate all requirements for the License
Agreement with the Land Development Section of the Department of Building and
Safety (229-4836).

20. 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.

NE
SUP-69217, SUP-69218 and SDR-69219 [PRJ-69125]
Conditions Page Five
April 11, 2017 - Planning Commission Meeting

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

NE
SUP-69217, SUP-69218 and SDR-69219 [PRJ-69125]
Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Site Development Plan Review for a proposed 72,851 square-
foot, 278-unit Mini-Storage Facility with a 63-foot tall Wireless Communication Facility
(Monopalm) on Riley Street, approximately 290 feet south of Rome Boulevard. The
subject site is within the Main Street Mixed Use district of Town Center.

ISSUES

A Waiver is required to allow none of the building to be built to the front setback line
(Riley Street) where a minimum of 80 percent is required. Staff supports this
request.
A Waiver is required to allow a zero-foot side yard setback where 10 feet is required.
Staff supports this request.
A Waiver is required to allow a seven-foot rear setback where 20 feet is required.
Staff supports this request.
A Waiver is required to allow a to allow a portion of the western landscape buffer to be
14 feet in width where 15 feet is required; to allow a zero-foot landscape buffer along
the southern property line where eight feet is required; and to allow the eastern
landscape buffer to be seven feet where eight feet is required. Staff supports this
request.
An Exception is required to allow nine trees in the northern landscape buffer where
14 are required, and to allow zero trees in the southern landscape buffer where 15
are required. Staff supports this request.
A Special Use Permit is required for a Mini-Storage Facility within the Main Street
Mixed Use District of Town Center. Staff recommends approval of this request.
A Special Use Permit is required for a Wireless Communication Facility (Monopalm)
in the Main Street Mixed Use District of Town Center. Staff recommends approval of
this request.
A Waiver is required to allow storage facilities on the first floor where such is not
allowed in the Main Street Mixed Use District of Town Center. Staff supports this
request.

NE
SUP-69217, SUP-69218 and SDR-69219 [PRJ-69125]
Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

ANALYSIS

The applicant has proposed to develop a three-story, 72,851 square-foot Mini-Storage


Facility with a 63-foot tall Wireless Communication Facility (Monopalm). The subject site
is located on Riley Street, approximately 290 feet south of Rome Boulevard within the
Main Street Mixed Use district of Town Center.

The purpose of the Main Street Mixed Use (MS-TC) district is to create a neighborhood
which generates a sense of place and a feeling of being in a unique small town
business district. Main Street Mixed Use is intended to encourage a cohesive mix of
inter-dependent uses, including leisure shopping and offices. The two-story restriction in
this district is not applicable, as the site is not adjacent to a Low Density Residential
District. Because of the location of the site, the Town Center Core Standards apply;
these standards allow building heights up to five stories with stepback and build-to
requirements. A three-story building is proposed, meeting height requirements.

The proposed site plan depicts two separate buildings and one equipment enclosure for
the proposed Wireless Communication Facility. Storage building number one as
depicted on the site plan is a three-story storage facility with the trash enclosure tucked
away along the southern faade of the first floor. Each of the three floors are 7,017
square feet with 27 storage units on each floor. Storage building number one is 21,051
square feet. Storage building number two is also three-stories with 64 storage units on
the first floor and 66 units on the second and third floors. The first floor of this building
also includes the office for the self-storage facility. The total area of building number two
is 51,800 square feet.

The Main Street Mixed Use district of Town Center requires all exterior walls of the
mini-warehouse facilities shall be constructed with a faade so as to appear as an office
or retail facility. To meet this requirement, the applicant has proposed faux window
treatment on the north, south, and east elevations. The western elevation adjacent to
Riley Street has a faade that steps back and gives the appearance of a retail
storefront. The signage depicted in the proposed elevations are not part of this review,
and will be reviewed separately through a building sign permit.

The portion of Riley Street the proposed development is adjacent to is not part of the
Town Center Street Hierarchy, but is subject to Title 19.04 for Complete Streets. The
Department of Public Works has granted the applicant a Waiver of Complete Streets
and has required the applicant to match the streetscape design currently under
construction to the north of the subject site. This Waiver provides consistency in the
street treatment along this eastern portion of Riley Street. The applicant has proposed a
detached sidewalk which is consistent with the Town Center streetscape design, with
tree species for the streetscape and overall site that are also in compliance with the
Town Center Development Standards.

NE
SUP-69217, SUP-69218 and SDR-69219 [PRJ-69125]
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

The subject site is located on the eastern side of Riley Street where Riley Street
terminates with a cul-de-sac at the Clark County 215 to the south. The subject site is
approximately 370 feet away from residential dwellings allowing for compliance with
both the Residential Adjacency Standards set forth by Title 19.08.040(H) and Chapter
B, Section 5, subsection E of the Town Center Development Standards for mechanical
and electrical equipment. The Wireless Communication Facility is a stealth design,
designed to resemble a palm tree. Faux palm prongs will camouflage the antennas, with
the equipment enclosure being constructed of the same materials as the Mini-Storage
Facility buildings. The applicant has also proposed landscape shrubbery lining the
exterior of the enclosure, and staff has added a Condition of Approval to include palm
trees along the eastern landscape buffer to aid in the camouflaging of the tower with the
area. Additionally, Washingtonian Robusta (Fan Palms) are able to reach heights of 60-
70 feet, with a 10-12-inch trunk diameter making this palm tree a viable choice for a
seven-foot wide landscape buffer adjacent to a 3-story, 42-foot tall building.

Given the location of the subject at the terminus of a cul-de-sac adjacent to the Clark
County 215, the applicant has requested a Waiver of the side setback for the southern
property line that is directly adjacent to the 215. The applicant has requested to place
the building on the property line and not provide a landscape buffer along the southern
property line. Additionally, the applicant has requested a Waiver of the rear setback to
allow seven feet where 20 feet is required, and to allow storage units on the first floor of
the facility where such is not allowed. With this portion of the Clark County 215 being
elevated, and Riley Street terminating at the 215t, staff finds this portion of Riley Street
to not be conducive to pedestrian traffic and supports the multiple Waiver requests.

The Main Street Mixed Use district of Town Center requires a Special Use Permit for
both the Mini-Storage Facility and the Wireless Communication Facility. Below are the
definitions of each use as defined by Title 19.12, and the minimum Special Use Permit
requirements set forth by the Town Center Development Standards manual.

The Mini-Storage Facility use is defined as a facility with enclosed storage space,
divided into separate compartments no larger than 500 square feet in size, which is
provided for use by individuals to store personal items or by businesses to store
materials for operation of a business establishment.

The Minimum Special Use Permit Requirements for this use include:

a. No more than one manager or security residence shall be permitted.

A manager residence has not been proposed as part of this development.

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SUP-69217, SUP-69218 and SDR-69219 [PRJ-69125]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

b. Within the Main Street District, all storage facilities shall be located above the
ground floor and no outdoor storage of any kind shall be permitted.

The proposed Mini-Storage Facility is located within the Main Street Mixed Use
District and has requested a Waiver to have storage facilities on the first floor.
Outdoor storage has not been proposed as part of this development.

c. No business shall be conducted from or within a mini-warehouse facility.

The Mini-Storage Facility will be subject to Business License review and


enforcement if necessary.

d. Retail sales of stored items on the premises is prohibited.

The subject site is subject to the Department of Planning Code Enforcement


division if code violations occur.

e. The commercial repair of motor vehicles, boats, trailers and other like vehicles
shall be prohibited.

The subject site is subject to the Department of Planning Code Enforcement


division if code violations occur.

f. The operation of spray painting equipment, power tools, welding equipment or


other similar equipment shall be prohibited.

The subject site is subject to the Department of Planning Code Enforcement


division if code violations occur.

g. The production, fabrication or assembly of products shall be prohibited.

The subject site is subject to the Department of Planning Code Enforcement


division if code violations occur.

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SUP-69217, SUP-69218 and SDR-69219 [PRJ-69125]
Staff Report Page Five
April 11, 2017 - Planning Commission Meeting

h. Within the Employment Center District, the rental of single-unit trucks and small
utility trailers shall be permitted as an accessory use to a mini-warehouse use,
provided the business is conducted out of the same office as that of the mini-
warehouse facility. No trucks or trailers shall be displayed in public view and the
combined total of all trucks and trailers stored on the site shall not exceed a ratio
of two trucks or trailers for each 100 storage units. On-site parking shall be
provided for each rental vehicle in excess of the number required for the mini-
warehouse complex.

No truck or trailer rental has been proposed as part of this development.

i. Within the Employment Center District, truck and trailer storage may be
permitted when screened from the street and adjacent property by exterior
walls.

Not applicable, as the subject site is located within the Main Street Mixed Use
District of Town Center.

j. 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 by exterior walls.

No outdoor storage is proposed as part of this development.

k. Within the Town Center, all exterior walls of the mini-warehouse facilities shall
be constructed with a faade so as to appear as an office or retail facility.

The proposed development has been designed to appear as an office building


with a commercial storefront.

The Wireless Communication Facility use is defined as, an antenna that transmits or
receives, or both transmits and receives, wireless communication signals. The term
does not include any device, such as a radio antenna, telephone antenna, television
antenna, satellite dish antenna or amateur radio antenna that is accessory or incidental
to a residential use and is employed by an ultimate user to receive radio, television or
other communication signals.

NE
SUP-69217, SUP-69218 and SDR-69219 [PRJ-69125]
Staff Report Page Six
April 11, 2017 - Planning Commission Meeting

The Minimum Special Use Permit Requirements for this use include:

a. A wireless communication facility is permitted if it utilizes stealth technology,


(made part of another structure and isnt visually discernable) and is not within
330 feet of any single-family detached dwelling. Otherwise, a Special Use Permit
is required.

The proposed Wireless Communication Facility will utilize stealth technology


(monopalm), and is approximately 373 feet away from a single-family detached
dwelling. A Special Use Permit is required for Wireless Communication Facilities
located within the Main Street Mixed Use District of Town Center.

b. Towers and mono-poles are subject to LVMC 19.08.040(H) and shall be in


conformance with Chapter B, Section 5, Subsection E (Mechanical and Electrical
Equipment) of this manual.

The proposed Wireless Communication Facility has met Residential Adjacency


Standards, and a condition of approval has been added to ensure compliance
with the screening requirements for mechanical and electrical equipment.

Staff finds the proposed development to be compatible and harmonious with the
surrounding area and is recommending approval of all three applications. If denied, the
applicant will not be able to build the proposed development.

FINDINGS (SUP-69217)

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 adjacent to the Clark County 215 to the
south, and is surrounded by property also designated Main Street Mixed Use
within the Town Center Master Plan area. The Main Street Mixed Use district
supports small town development that includes leisure shopping, offices, and high
density residential. The proposed Mini-Storage Facility can be conducted in a
manner that is harmonious and compatible with future surrounding land uses as it
will be located at the terminus of a cul-de-sac adjacent to the 215 which is not
ideal for residences, nor does it encourage pedestrian traffic for leisure shopping.

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Staff Report Page Seven
April 11, 2017 - Planning Commission Meeting

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

The proposed Mini-Storage Facility is adjacent to the Clark County 215 on the
south, and is surrounded by property designated Main Street Mixed Use within the
Town Center Master Plan area. The Main Street Mixed Use district supports small
town development that includes leisure shopping, offices, and high density
residential. The proposed Mini-Storage Facility can be conducted in a manner that
is harmonious and compatible with future surrounding land uses as it will be
located at the terminus of a cul-de-sac that does not encourage pedestrian traffic
for leisure shopping.

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.

Half street improvements (Riley Street) will be constructed in accordance with


Title 13 and the Town Center Development Standards as part of the proposed
development. Riley Street will be adequate in size to meet the requirements of the
proposed Mini-Storage Facility.

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 Mini-Storage Facility has met the minimum standards set forth by
the Town Center Development Standards except for Requirement b, which
requires storage units to be located on the second floor and above to allow for
retail and office use on the first floor. As indicated above, the subject site is not
conducive to pedestrian traffic and will not be inconsistent with the goals of the
Main Street Mixed use district of the Town Center Development Manual, nor will it
compromise the public health, safety, or welfare.

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

The proposed Mini-Storage Facility use has met all of the applicable conditions of
the Town Center Development Standards Manual except for Requirement b,
which restricts storage units from being located on the first floor. The applicant has
requested a Waiver of this request as the facility will be located at the terminus of
a cul-de-sac which will see little to no pedestrian traffic to support retail land uses
on the first floor.

NE
SUP-69217, SUP-69218 and SDR-69219 [PRJ-69125]
Staff Report Page Eight
April 11, 2017 - Planning Commission Meeting

FINDINGS (SUP-69218)

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 Wireless Communication Facility is adjacent to the Clark County


215 to the south, and has met Residential Adjacency Standards set forth by Title
19.08. The proposed Wireless Communication Facility is a stealth design
(monopalm), and will give the appearance of a palm tree. Palm trees are
proposed for the landscape buffer areas allowing for the proposed Wireless
Communication Facility to be camouflaged and conducted in a manner that is
harmonious and compatible with future surrounding land uses.

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

The subject site is on the east side of Riley Street, and the terminus point of the
cul-de-sac. The subject site terminates at the Clark County 215 and is
approximately 373 feet away from single family residential homes meeting
Residential Adjacency Standards set forth by Title 19.08. The subject site is
physically suited for the proposed Wireless Communication Facility.

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.

No additional traffic will be generated by the proposed Wireless Communication


Facility. Once constructed, Riley Street 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.

The proposed Wireless Communication Facility has met the minimum standards
set forth by the Town Center Development Standards and will be subject to
building permit inspections during construction. The proposed Wireless
Communication Facility will not compromise the public health, safety, or welfare.

NE
SUP-69217, SUP-69218 and SDR-69219 [PRJ-69125]
Staff Report Page Nine
April 11, 2017 - Planning Commission Meeting

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

The proposed Wireless Communication Facility use meets all applicable


conditions of the Town Center Development Standards Manual, as well as the
Residential Adjacency Standard set forth by Title 19.

FINDINGS (SDR-69219)

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 site is adjacent to the Clark County 215 to the south and vacant,
undeveloped land to the east and west. North of the proposed Mini-Storage
Facility is a Convalescent Care Facility/Nursing Home currently under
construction. The surrounding area is also within the Main Street Mixed Use
District of Town Center which supports a business district.

2. The proposed development is consistent with the General Plan, this Title,
the Design Standards Manual, the Landscape, Wall and Buffer Standards,
and other duly-adopted city plans, policies and standards;

The proposed development has met the intent of the Main Street Mixed Use
District of Town Center by proposing a building faade that mimics an office
building with a commercial storefront while operating as a Mini-Storage Facility.

3. Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;

The subject site is located at the terminus of a cul-de-sac and will not negatively
impact adjacent roadways or neighborhood traffic.

4. Building and landscape materials are appropriate for the area and for the
City;

The proposed landscape materials are in accordance with the materials


recommended by the Town Center Development Standards manual for buffer
areas, and include the Mexican Fan Palm and the Rio Grande Ash tree. Building
materials include painted stucco with metal coping and canopies with clear
anodized aluminum and duel pane low-e glass in green for the storefront faade.

NE
SUP-69217, SUP-69218 and SDR-69219 [PRJ-69125]
Staff Report Page Ten
April 11, 2017 - Planning Commission Meeting

The proposed building and landscape materials are appropriate for Town Center
and the City.

5. Building elevations, design characteristics and other architectural and


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

Town Center requires all exterior walls of a Mini-Storage Facility to be constructed


in a manner to appear as an office or retail facility. The proposed Mini-Storage
Facility has met this criteria by proposing a building that appears to be an office
building with a commercial storefront facing the public right-of-way.

6. Appropriate measures are taken to secure and protect the public health,
safety and general welfare.

The proposed development will be subject to construction document review during


the permitting process, and will be inspected on a regular basis during
construction protecting the public health, safety and general welfare.

NE
SUP-69217, SUP-69218 and SDR-69219 [PRJ-69125]
Staff Report Page Eleven
April 11, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

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


The City Council approved a request for a Major Modification (MOD-
44703) of the Montecito Town Center Development Agreement to add
1.99 acres to the overall plan under the Mixed Use Commercial
Special Land Use Designation at the northeast corner of Riley Street
and Clark County 215. The Planning Commission and staff
recommended approval.
The City Council approved a request for a Special Use Permit (SUP-
44701) for a Congregate Care Facility at the southeast corner of Riley
Street and Rome Boulevard. The Planning Commission recommended
approval, staff recommended denial.
The City Council approved a request for a Site Development Plan
06/06/12
Review (SDR-44700) for a proposed single-story, 70,539 square-foot
Congregate Care Facility with 60 convalescent care beds and 34
assisted living units with Waivers of the Town Center Development
Standards to allow none of the building to be built to the front setback
line where a minimum of 80 percent is required and a zero-foot corner
side setback where 15 feet is required; a Waiver of Montecito Town
Center Development Standards to allow a service area to be located
within public view and without screening where such is not allowed;
and a corresponding request for encroachment into the Rome
Boulevard and Riley Street public rights-of-way. The Planning
Commission recommended approval, staff recommended denial.
The City Council approved an appeal of the approval by Planning
Commission for a Special Use Permit (SUP-63115) for a proposed
Congregate Care Facility at the southeast corner of Riley Street and
Rome Boulevard. Staff had recommended approval.
The City Council approved an appeal of the approval by Planning
04/20/16 Commission for a Site Development Plan Review (SDR-63116) for a
proposed 41,756 square-foot, 72-bed Congregate Care Facility with a
Waiver of the Town Center Development Standards to allow none of
the building to be built to the front setback line where a minimum of 80
percent is required on 3.98 acres at the southeast corner of Riley
Street and Rome Boulevard. Staff had recommended approval.
A Parcel Map (PMP-65735) was submitted for a Technical Review of a
07/19/16 two-lot parcel map on 3.97 acres at the southeast corner of Riley
Street and Rome Boulevard. The parcel map has yet to record.
The City Council approved a request for a Petition to Vacate (VAC-
66109) the excess public right-of-way commonly known as the east
11/16/16
side of Riley Street approximately 500 feet south of Rome Boulevard.
The Planning Commission and staff recommended approval.

NE
SUP-69217, SUP-69218 and SDR-69219 [PRJ-69125]
Staff Report Page Twelve
April 11, 2017 - Planning Commission Meeting

Most Recent Change of Ownership


06/30/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


Plan check (#65905) was submitted for a skilled nursing home facility
07/27/16 with on-sites at 8565 West Rome Boulevard. The building set is still
under review.
A building permit (#323031) was issued for fire protection report
11/10/16 related to building permit (#322930) and plan check (#65905) at 8565
West Rome Boulevard. The permit is open.

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
02/16/17 requirements for a Site Development Plan Review for property within
the Town Center Master Plan Area were discussed.

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

Field Check
During a routine field check, staff observed the undeveloped subject
03/02/17
site. Nothing of concern was noted by staff.

Details of Application Request


Site Area
Net Acres 1.98

Surrounding Existing Land Use Planned or Special Existing Zoning


Property Per Title 19.12 Land Use Designation District
Subject
Undeveloped TC (Town Center) T-C (Town Center)
Property
Convalescent Care
North Facility/Nursing Home TC (Town Center) T-C (Town Center)
(Under Construction)

NE
SUP-69217, SUP-69218 and SDR-69219 [PRJ-69125]
Staff Report Page Thirteen
April 11, 2017 - Planning Commission Meeting

Surrounding Existing Land Use Planned or Special Existing Zoning


Property Per Title 19.12 Land Use Designation District
South 215 Beltway Right-of-Way Right-of-Way
East Undeveloped TC (Town Center) T-C (Town Center)
West Undeveloped TC (Town Center) T-C (Town Center)

Master and Neighborhood Plan Areas Compliance


Town Center Master Plan Y
Special Purpose and Overlay Districts Compliance
T-C (Town Center) District Y
Other Plans or Special Requirements Compliance
Centennial Hills Sector Plan Y
Northwest Open Space Plan 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

DEVELOPMENT STANDARDS

Pursuant to Town Center Development Standards Manual, the following


standards apply:
Standard Required/Allowed Provided Compliance
Min. Lot Size N/A N/A N/A
Min. Lot Width N/A N/A N/A
Min. Setbacks
Front 0 Feet 14 Feet N*
Side 10 Feet 0 Feet N**
Corner 15 Feet N/A Feet N/A
Rear 20 Feet 7 Feet N***
Max. Lot Coverage N/A N/A N/A
3 Stories,
2 Stories or 35 feet, Y
Max. Building Height 42 Feet
whichever is less***
Wireless Communication Facility 63 Feet Y
Screened, Gated, w/ a
Trash Enclosure By Condition
Roof or Trellis
Mech. Equipment Screened By Condition
*The applicant has requested a Waiver to allow none of the building to be built to the front
setback line where 80 percent is required.

NE
SUP-69217, SUP-69218 and SDR-69219 [PRJ-69125]
Staff Report Page Fourteen
April 11, 2017 - Planning Commission Meeting

**The applicant has requested a Waiver to allow a zero-foot side setback where 10 feet is
required.
***The applicant has requested a Waiver to allow a seven-foot rear setback where 20 feet
is required.
****Because of the intensive pedestrian orientation of the Main Street Mixed-Use
designation, buildings in this district are required to be a maximum of two stories or 35 feet
in height, whichever is less, in those areas that are across from or adjacent to Low Density
Residential. The subject site is not located adjacent to or across from Low Density
Residential and meets Residential Adjacency Standards for both the building and the
Wireless Communication Facility.

Residential Adjacency Standards Required/Allowed Provided Compliance


3:1 proximity slope - Building 126 Feet 373 Feet Y
3:1 proximity slope
189 Feet 373 Feet Y
Wireless Communication Facility
Adjacent development matching
setback 0 Feet 14 Feet Y*
Trash Enclosure 50 Feet 419 Feet Y
*To the north of the subject site is a Convalescent Care Facility/Nursing Home that is
currently under construction. The applicant has requested a Waiver to allow a 14-foot front
setback where 80 percent of the building is required to be built to the front setback line,
which is the property line (zero-feet). The proposed 14-foot front setback would match the
development to the north currently under construction.

Pursuant to Title 19.08 and the Town Center Development Standards, the
following standards apply:
Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees
Buffer Trees:
North 1 Tree / 20 Linear Feet 14 Trees 9 Trees N*
South 1 Tree / 20 Linear Feet 15 Trees 0 Trees N*
East 1 Tree / 20 Linear Feet 9 Trees 1 Trees N*
West 1 Tree / 20 Linear Feet 6 Trees 6 Trees Y
TOTAL PERIMETER TREES 44 Trees 16 Trees N*
1 Tree / 6 Uncovered
Parking Area Spaces, plus 1 tree at the
7 Trees 5 Trees N*
Trees end of each row of
spaces

NE
SUP-69217, SUP-69218 and SDR-69219 [PRJ-69125]
Staff Report Page Fifteen
April 11, 2017 - Planning Commission Meeting

Landscaping and Open Space Standards


Standards Required Provided Compliance
Ratio Trees
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North 8 Feet 10 Feet Y
South 8 Feet 0 Feet N*
East 8 Feet 7 Feet N*
West 0 Feet 14 Feet Y
*The applicant has requested a Waiver to allow reductions in the required setbacks.
Subsequently, the applicant will require a Waiver for the required landscape buffer widths.
Staff has added a Condition of Approval to address the missing trees.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Riley Street Local Street Title 13 0 N*
*Riley Street is currently not constructed. Half street improvements are required as part
of the proposed development.

Town Center Required Provided Compliance


Streetscape Standards
The portion of Riley Street
adjacent to the subject site The streetscape has been
is not subject to the Town N/A designed to match the Y
Center Streetscape development to the north.
Standards.

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Required Provided Compliance
Floor Area Parking Parking
Use Parking
or Number Ratio Handi- Handi-
Regular Regular
of Units capped capped

1 for every 6
Mini-Storage 50 units,
278
Facility plus 5 for
customers 5

NE
SUP-69217, SUP-69218 and SDR-69219 [PRJ-69125]
Staff Report Page Sixteen
April 11, 2017 - Planning Commission Meeting

Parking Requirement
Gross Required Provided Compliance
Floor Area Parking Parking
Use Parking
or Number Ratio Handi- Handi-
Regular Regular
of Units capped capped
Wireless
Communication No additional parking required.
Faciltiy
TOTAL SPACES REQUIRED 11 Y
Regular and Handicap Spaces Required 10 1 14 1 Y
Loading Zone 5

Waivers
Requirement Request Staff Recommendation
80 percent of the proposed Zero percent of the proposed
building to be built to the building built to the front Approval
front setback line. setback line.
10-foot side setback Zero-foot side setback Approval
20-foot rear setback Seven-foot rear setback Approval
15-foot landscape buffer
A portion of the landscape
adjacent to the public right- Approval
buffer to be 14 feet.
of-way.
Eight-foot landscape buffer Seven-foot landscape buffer
along the east property along a portion of the east Approval
line. property line.

Exceptions
Requirement Request Staff Recommendation
Seven trees within the Five trees within the parking
Approval
parking lot area. lot area.
14 trees within the northern Nine trees within the
Approval
landscape buffer. northern landscape buffer.
Nine trees within the One tree within the eastern
Approval
eastern landscape buffer. landscape buffer.

NE
SUP-69217



SUP-69217

SUP-69217, SUP-69218 and SDR-69219 - REVISED



SUP-69217, SUP-69218 and SDR-69219 - REVISED



SUP-69217, SUP-69218 and SDR-69219 - REVISED



SUP-69217, SUP-69218 and SDR-69219 - REVISED



SUP-69217, SUP-69218 and SDR-69219 - REVISED



SUP-69217, SUP-69218 and SDR-69219



SUP-69217, SUP-69218 and SDR-69219


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SUP-69217, SUP-69218 and SDR-69219



SUP-69217, SUP-69218 and SDR-69219


SUP-69217 [PRJ-69125] - VARIANCE RELATED TO SUP-69218 AND SDR-69219 - APPLICANT/OWNER: PACIFIC
HEALTHCARE III, LLC
EAST SIDE OF RILEY STREET, APPROXIMATELY 290 FEET SOUTH OF ROME BOULEVARD
03/02/17
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SUP-69217, SUP-69218 and SDR-69219


b7
Agenda Item No.: 44.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
SUP-69218 - SPECIAL USE PERMIT RELATED TO SUP-69217 - PUBLIC HEARING -
APPLICANT/OWNER: PACIFIC HEALTHCARE III, LLC - For possible action on a request
for a Special Use Permit FOR A 63-FOOT TALL WIRELESS COMMUNICATION FACILITY
(MONOPALM) on the east side of Riley Street, approximately 290 feet south of Rome
Boulevard (APN 125-20-803-002), T-C (Town Center) Zone [MS-TC (Main Street Mixed Use -
Town Center) Special Land Use Designation], Ward 6 (Ross) [PRJ-69125]. Staff recommends
APPROVAL.

MAY GO TO CITY COUNCIL ON 5/17/2017


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. 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-69218



SUP-69218


Agenda Item No.: 45.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
SDR-69219 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-69217 AND SUP-
69218 - PUBLIC HEARING - APPLICANT/OWNER: PACIFIC HEALTHCARE III, LLC -
For possible action on a request for a Site Development Plan Review FOR A PROPOSED 278-
UNIT, 72,851 SQUARE-FOOT MINI-STORAGE FACILITY AND A 63-FOOT TALL
WIRELESS COMMUNICATION FACILITY (MONOPALM) WITH WAIVERS OF THE
TOWN CENTER DEVELOPMENT STANDARDS TO ALLOW NONE OF THE BUILDING
TO BE BUILT TO THE FRONT SETBACK LINE WHERE A MINIMUM OF 80 PERCENT
IS REQUIRED, TO ALLOW A ZERO-FOOT SIDE YARD SETBACK WHERE 10 FEET IS
REQUIRED, AND TO ALLOW A SEVEN-FOOT REAR SETBACK WHERE 20 FEET IS
REQUIRED on 1.98 acres on the east side of Riley Street, approximately 290 feet south of Rome
Boulevard (APN 125-20-803-002), T-C (Town Center) Zone [MS-TC (Main Street Mixed Use -
Town Center) Special Land Use Designation], Ward 6 (Ross) [PRJ-69125]. Staff recommends
APPROVAL.

MAY GO TO CITY COUNCIL ON 5/17/2017


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. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
SDR-69219



SDR-69219


Agenda Item No.: 46.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
SUP-69210 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: CANOPI
CANNABIS DISPENSARY - OWNER: 2113 INVESTORS, LLC - For possible action on a
request for a Major Amendment to an approved Special Use Permit (SUP-55264) FOR A
WAIVER TO ALLOW TWO PROPOSED WALL SIGNS ON ONE STREET FRONTAGE,
WHICH EXCEED THE 30 SQUARE-FOOT MAXIMUM ALLOWED at 1324 South 3rd Street
(APN 162-03-105-007), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-69017]. Staff
recommends DENIAL.

MAY GO TO CITY COUNCIL ON 5/17/2017


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 5 Planning Commission Mtg. 6
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/Support Postcards
SUP-69210 [PRJ-69017]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: CANOPI CANNABIS DISPENSARY - OWNER:
2113 INVESTORS, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-69210 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 28

NOTICES MAILED 417

PROTESTS 5

APPROVALS 6

JB
SUP-69210 [PRJ-69017]
Conditions Page One
April 11, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-69210 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Medical
Marijuana Dispensary use, except herein.

2. Conformance to the approved conditions for Special Use Permit (SUP-55264),


except as amended herein.

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

4. A Waiver from Title 19.12 is hereby approved, to allow two proposed wall signs on
one street frontage, which exceed the 30 square-foot maximum allowed.

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

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

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

JB
SUP-69210 [PRJ-69017]
Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to install two 47.2 square-foot wall signs on the north and
east walls of an existing Medical Marijuana Dispensary at 1324 South 3rd Street, with
both signs oriented towards 3rd Street.

ISSUES

The applicant has proposed a Major Amendment (SUP-69210) to an approved


Special Use Permit (SUP-55264) with a Waiver to utilize the two proposed 47.2
square-foot wall signs located on the north and east elevation of the existing
building. Staff recommends denial of this request.
On March 21th, 2017 the Downtown Design Review Committee (DDRC) reviewed
the proposed signage elevation design and appropriateness per Architectural Design
Review (ARC-66332). The DDRC recommended denial of the request, as the sign
was deemed inappropriate for the subject site and associated land use.

ANALYSIS

The Medical 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 to the holder of a valid registry identification
card. This use includes a medical marijuana dispensary, as defined in NRS 453A.115.

The Minimum Special Use Permit Requirements for this use were reviewed for
compliance and approved as Special Use Permit (SUP-55264). This request would
amend Requirements 8 and 11 in the following manner:

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.

The applicant has requested a Waiver of this condition to utilize two proposed
47.2 square-foot wall signs on one street frontage located on the north and east
elevation of the proposed building in conjunction with an existing Medical
Marijuana Dispensary. Staff does not support this request, as the proposed signs
do not conform to Title 19.12 signage standards associated with a Medical
Marijuana Dispensary use and have a larger sign area and height, which is not
compatible with the adjacent land uses.
JB
SUP-69210 [PRJ-69017]
Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

*11. Elevations and signage must first be reviewed by the Downtown Design
Review Committee established pursuant to LVMC 19.10.100(D)(1) prior to any
public hearing for a Special Use Permit. The review will be performed in
accordance with the procedures set forth in LVMC 19.10.100(D), as in the case
of reviews normally performed by that Committee, but measuring compliance
instead with the substantive standards for elevations and signage pertaining to
dispensaries that are set forth in this Title or that have been established
administratively by the Director.

The previously approved building elevations and signage were reviewed and
approved subject to conditions by the Downtown Design Review Committee
(DDRC) on August 19th, 2014. The newly proposed wall sign elevations and
signage were reviewed on March 21st, 2017 by the Downtown Design Review
Committee (DDRC) per Architectural Design Review (ARC-69209). The DDRC
recommended denial of the request as the sign was deemed inappropriate for
the subject site and associated land use.

The subject site provides the required parking for the proposed use. Other than the
Minimum Special Use Permit Requirements found within Title 19.12, there are no
special development requirements pertaining to the site. However, staff does not
support the requested Waiver to allow two proposed 47.2 square-foot wall signs on one
street frontage located on the north and east elevation of the proposed building, as the
proposed wall signs do not conform to Title 19.12 signage standards associated with a
Medical Marijuana Dispensary use. Staff has determined use of the proposed larger
sign area and height is not compatible with the adjacent land uses. Additionally, this will
also set a negative precedent for other Medical Marijuana establishments which will
also seek waivers to amend their previously approved signage, therefore, staff
recommends denial with conditions.

FINDINGS (SUP-69210)

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 Medical Marijuana Dispensary 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.

JB
SUP-69210 [PRJ-69017]
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

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

The site contains a 3,340 square-foot commercial building and adequate parking
for all uses. The proposed use does not generate the need for any additional
parking spaces beyond what has been provided onsite.

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 Medical Marijuana Dispensary can be accessed from 3rd Street, a
80-foot Major Collector, as depicted on the Master Plan of Streets and Highway
that has adequate capacity to serve the proposed development.

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

The proposed Medical 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 Medical Marijuana Dispensary use meets all distance separation
requirements per Title 19.12. However, the use does not comply with Condition
#8, which states that 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 allow two proposed 47.2 square-foot wall signs on one
street frontage, which exceed 30 square feet in conjunction with an existing
Medical Marijuana Dispensary.

BACKGROUND INFORMATION

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


The City Council approved Rezoning (Z-0050-75) to reclassify the
property generally located on the west side of 4th Street between
12/03/75 Colorado Street and Imperial Street from R-4 (High Density
Residential) to C-2 (General Commercial). The Planning Commission
and staff recommended approval.

JB
SUP-69210 [PRJ-69017]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

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


The Downtown Design Review Committee approved the building
08/26/14 elevations for a proposed Medical Marijuana Dispensary (SUP-55264)
at 1324 South 3rd Street. Staff recommended approval.
The City Council approved requests for a Special Use Permit (SUP-
55264) for a 2,800 square-foot Medical Marijuana Dispensary at 1324
South 3rd Street. The Planning Commission and staff recommended
approval.
Site Development Plan Review (SDR-55265) for a 2,800 square-foot
10/29/14
Medical Marijuana Dispensary with a Waiver of the Downtown
Centennial Plan Development Standards to allow a building to have a
zero percent alignment along the front property line where 70 percent
is required on 0.33 acres at 1324 South 3rd Street. The Planning
Commission and staff recommended approval.
The Downtown Design Review Committee (ARC-62816) approved a
Major Amendment of an approved Building and Sign Elevation Review
01/19/16 (SUP-55264) for changes to exterior elevations only in association with
a proposed 3,440 square-foot Medical Marijuana Dispensary at 1324
South 3rd Street. Staff recommended approval.
Department of Planning staff administratively approved a Minor
Amendment (SUP-62974) of an approved Special Use Permit (SUP-
55264) for a 640 square-foot expansion of an approved 2,800 square-
foot Medical Marijuana Dispensary at 1324 South 3rd Street.
Department of Planning staff administratively approved a Minor Site
02/01/16 Development Plan Review (SDR-62795) for a proposed 3,440 square-
foot Medical Marijuana Dispensary on 0.33 acres at 1324 South 3rd
Street. The previous Site Development Plan Review approval (SDR-
55265) for a 2,800 square-foot dispensary on this site was expunged.
SDR-62795 shall expire 02/01/18 unless exercised or another
extension is approved.
The Department of Planning administratively approved an Extension of
Time (EOT-64056) of an approved Minor Amendment (SUP-62794) of
04/26/16 an approved Special Use Permit (SUP-55264) for a proposed 640
square-foot expansion to a previously approved 2,800 square-foot
Medical Marijuana Dispensary at 1324 South 3rd Street.
The City Council approved a request for an Extension of Time (EOT-
64057) of an approved Special Use Permit (SUP-55264) for a
05/18/16
proposed 2,800 square-foot Medical Marijuana Dispensary at 1324
South 3rd Street. Staff recommended approval of the request.

Most Recent Change of Ownership


02/27/15 A deed was recorded for a change in ownership.

JB
SUP-69210 [PRJ-69017]
Staff Report Page Five
April 11, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


A Code Enforcement case (#160403) was opened for refuse and
10/19/15 waste in alleyway from a demolished building at 1324 South 3rd Street.
The case was resolved by Code Enforcement on 02/23/16.
A building permit (#297599) was issued for a new building (Nuveda)
located at 1324 South 3rd Street. The permit was finalized on
08/09/16.
02/08/16
A building permit (#298761) was issued for on-site improvements
(Nuveda) located at 1324 South 3rd Street. The permit has not been
finalized.
A business license (#G64-04895) was issued for a General Retail
07/05/16 Sales (Canopi) located at 1324 South 3rd Street. The license is still
active.
A business license (#M62-00012) was issued for a Medical Marijuana
Dispensary (Canopi) located at 1324 South 3rd Street. The license is
still active.
12/19/16
A business license (#M64-00013) was issued for a Medical Marijuana
Dispensary (Canopi) located at 1324 South 3rd Street. The license is
still active.

Pre-Application Meeting
A pre-application meeting was conducted with the applicant to go over
the application materials and submittal requirements for a Major
Amendment to approved Special Use Permit (SUP-55264) for a
02/09/17
proposed Medical Marijuana Dispensary with a Waiver to allow a two
wall signs which do not meet Title 19.12 special use permit
requirements.

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

Field Check
Staff conducted a field check of the subject site and noted a well
maintained commercial building. However, staff noted there were two
03/02/17
banners signs located on the north and east elevation of the building
that do not have a temporary sign permit.

JB
SUP-69210 [PRJ-69017]
Staff Report Page Six
April 11, 2017 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres 0.32

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Medical Marijuana C-2 (General
MXU (Mixed Use)
Property Dispensary Commercial)
General Retail C-2 (General
North MXU (Mixed Use)
Store Commercial)
C-2 (General
South Vacant MXU (Mixed Use)
Commercial)
General Retail C-2 (General
East C (Commercial)
Store Commercial)
Multi-Family
R-4 (High Density
West Residential MXU (Mixed Use)
Residential)
Undeveloped

Master and Neighborhood Plan Areas Compliance


Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay District (Downtown South) Y
A-O (Airport Overlay) District (200 Feet) Y
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

JB
SUP-69210 [PRJ-69017]
Staff Report Page Seven
April 11, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Secondary
3rd Street Streets and 80 Y
Collector
Highways Map

Parking Requirement - Downtown


Base Parking
Requirement Provided Compliance
Gross Floor Parking Parking
Use Area or Parking Handi- Handi-
Number of Ratio Regular cappe Regular cappe
Units d d
Medical
Marijuana 3,440 SF 1:175 SF 20
Dispensary
TOTAL SPACES REQUIRED 20 22 Y
Regular and Handicap Spaces Y
19 1 21 1
Required
Loading Spaces 1 1 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 19.12, the following standards apply


Wall Signs 3rd Street Frontage
Standards Allowed Proposed Compliance
Maximum Number One Two Signs N
Maximum Area 30 SF 47.2 each N
Maximum Height 2 Feet 3.33 Feet N
Illumination Internal Internal LED Y

JB
SUP-69210 [PRJ-69017]
Staff Report Page Eight
April 11, 2017 - Planning Commission Meeting

Waivers
Requirement Request Staff Recommendation
Signage for the
establishment shall be limited
to one wall sign per street
Two proposed wall signs
frontage, the face of the sign
on one street frontage
not to exceed thirty square
that are 47.2 square feet Denial
feet in area and not to
in size and 3.33 feet in
exceed two feet in height.
height.
Such a sign shall be
internally illuminated, with the
use of neon prohibited

JB
SUP-69210



SUP-69210


SUP-69210


SUP-69210


SUP-69210 [PRJ-69017] - SPECIAL USE PERMIT - APPLICANT: CANOPI CANNABIS DISPENSARY - OWNER: 2113
INVESTORS, LLC
1324 SOUTH 3RD STREET
03/02/17
SUP-69210 [PRJ-69017] - SPECIAL USE PERMIT - APPLICANT: CANOPI CANNABIS DISPENSARY - OWNER: 2113
INVESTORS, LLC
1324 SOUTH 3RD STREET
03/02/17
SUP-69210 [PRJ-69017] - SPECIAL USE PERMIT - APPLICANT: CANOPI CANNABIS DISPENSARY - OWNER: 2113
INVESTORS, LLC
1324 SOUTH 3RD STREET
03/02/17

SUP-69210
Agenda Item No.: 47.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
SUP-69259 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: AMERICANA
LV, LLC - OWNER: WFT NV, LLC - For possible action on a request for a Special Use Permit
FOR A PROPOSED 5,783 SQUARE-FOOT RESTAURANT WITH ALCOHOL USE WITH A
3,590 SQUARE-FOOT OUTDOOR SEATING AREA WITH A WAIVER TO ALLOW A
ZERO-FOOT DISTANCE SEPARATION FROM A CHURCH/HOUSE OF WORSHIP
WHERE 400 FEET IS REQUIRED at 2620 Regatta Drive, Suite #118 (APN 138-16-820-003),
C-1 (Limited Commercial) Zone, Ward 4 (Anthony) [PRJ-69206]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 5/17/2017


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 DENIAL, if approved, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest/Support Postcards
SUP-69259 [PRJ-69206]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: AMERICANA LV, LLC - OWNER: WFT NV, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-69259 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 29

NOTICES MAILED 820

PROTESTS 4

APPROVALS 3

JB
SUP-69259 [PRJ-69206]
Conditions Page One
April 11, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-69259 CONDITIONS

Planning

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


Restaurant with Alcohol use.

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

3. 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 zero-foot distance


separation from a church/house of worship where 400 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.

JB
SUP-69259 [PRJ-69206]
Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is requesting to replace an existing Restaurant with Service Bar use with
a Restaurant with Alcohol use at 2620 Regatta Drive, Suite #118 located within an
existing shopping center in Desert Shores. The proposed establishment will occupy
5,783 square feet of interior space in addition to 3,590 square feet of outdoor patio
space.

ISSUES

A Special Use Permit is required for a Restaurant with Alcohol use in a C-1 (Limited
Commercial) district. Staff does not support this request.
A Waiver is required to allow a Restaurant with Alcohol to have a zero-foot distance
separation from a Synagogue, where a minimum of 400 feet is required. Staff does
not support this request.
A similar request for a Supper Club was submitted for this location in 2013. Staff
recommended denial, and Planning Commissions denied the request on 05/14/13.
No significant changes have occurred in the area to justify a change in staffs
recommendation.

ANALYSIS

The applicant is proposing to establish a Restaurant with Alcohol use within an existing
shopping center within the same lease space currently occupied by a Restaurant with
Service Bar use. The subject site is located with the C-1 (Limited Commercial) zoning
district, within Desert Shores. The submitted plans indicate the proposed establishment
will utilize 5,783 square feet of space with a 3,590 square-foot outdoor patio with
approximately 224 seats for dining.

The subject site is located in an existing 69,904 square-foot shopping center. The
existing commercial subdivision provides shared 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:

JB
SUP-69259 [PRJ-69206]
Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

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.

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 applicant has applied for a Waiver to allow a Restaurant with Alcohol use to
be zero-feet from a synagogue.

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 Center


Book 107, Page 97.

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:

JB
SUP-69259 [PRJ-69206]
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

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 condition is not applicable, the subject site is not located on a parcel of at
least 80 acres of 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 applicant has applied for a Waiver to allow a restaurant with alcohol to be
zero-feet from a synagogue.

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. The subject site is located with an existing
shopping center with 69,904 square feet of retail floor space, which is located
zero feet from an existing Synagogue where 400 feet is required. However, the
subject site is not located within an establishment which has a non-restricted
gaming license in connection with a hotel having 200 or more guest rooms.

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.

JB
SUP-69259 [PRJ-69206]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

Although the applicant has operated a Restaurant with Service Bar for several years at
this location, the Restaurant with Alcohol use would intensify the overall liquor use at
the site. The distance separation of 400 feet was established to protect the Synagogue
use located in the same shopping center. Staff does not support this request due to the
Waiver required.

FINDINGS (SUP-69259)

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 Restaurant with Alcohol use cannot be conducted in a manner that is


compatible with the existing surrounding land uses and with future surrounding
land uses as projected by the General Plan due to the required distance
separation Waiver.

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

The subject site is physically suitable for the proposed use within the existing
shopping center.

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


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

The site is accessed from Regatta and Breakwater Drives, both are 55-foot
streets. The site access and circulation do not impact the adjacent roadways or
neighborhood traffic and it is part of the existing shopping center.

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

Approval of the Special Use Permit at this location for a Restaurant with Alcohol
use as indicated on the site plan will not compromise the public health, safety, or
general welfare of the public. However, the overall objectives of the General Plan
will not be met, due to the required distance separation Waiver.

JB
SUP-69259 [PRJ-69206]
Staff Report Page Five
April 11, 2017 - Planning Commission Meeting

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

The proposed use does not meet Title 19.12, Minimum Special Use Permit
Requirement 1 for a Restaurant with Alcohol use to be located a minimum 400
feet away from a Synagogue.

BACKGROUND INFORMATION

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


The City Council approved a Reclassification of Property (Z-0121-87)
01/06/88 on the subject site as part of a larger request for a proposed residential
and commercial development.
The Board of Zoning Adjustment approved a Variance (V-0154-88) to
01/26/89 allow 315 parking spaces where 394 are required in conjunction with a
proposed commercial shopping center.
The City Council approved a Special Use Permit (U-0311-91) for the
02/19/92 sale of packaged liquor in conjunction with a market on the subject
site. The Board of Zoning Adjustment recommended approval.
The City Council approved a Special Use Permit (U-0169-00) for a
12/06/00 restaurant service bar in conjunction with a market/deli on the subject
site. The Planning Commission recommended approval.
The City Council approved a Site Development Plan Review [Z-0121-
87(1)] for a proposed 8,325 square-foot synagogue and a Variance (V-
12/19/01 0073-01) to allow 315 parking spaces where 405 are required on the
subject site. The Planning Commission recommended approval of
both applications.
The City Council approved a Special Use Permit (SUP-17307) for a
Restaurant with Service Bar Use at 2620 Regatta Drive, Suite 118.
01/03/07
The Planning Commission recommended approval and staff
recommended denial.
The City Council approved an Extension of Time (EOT-26119) of an
approved Special Use Permit (SUP-17307) for a proposed restaurant
02/06/08 service bar and a waiver of the 400-foot distance separation
requirement from an existing religious establishment at 2620 Regatta
Drive, Suite #118. Staff recommended approval.
The City Council approved an Extension of Time (EOT-31990) of an
approved Special Use Permit (SUP-17307) for a proposed restaurant
01/07/09 service bar and a waiver of the 400-foot distance separation
requirement from an existing religious establishment at 2620 Regatta
Drive, Suite #118. Staff recommended approval.

JB
SUP-69259 [PRJ-69206]
Staff Report Page Six
April 11, 2017 - Planning Commission Meeting

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


The Planning Commission denied a request for a Special Use Permit
(SUP-48184) for a proposed 10,086 square-foot Supper Club with a
Waiver to allow a zero-foot distance separation from a Church/House
of Worship where 400 feet is required at 2620 Regatta Drive, Suite
05/14/13 #118. Staff recommended denial of the request.
The Planning Commission approved a request for a Site Development
Plan Review (SDR-48185) for a 2,607 square-foot addition to an
existing Shopping Center at 2620 Regatta Drive. Staff recommended
approval of the request.

Most Recent Change of Ownership


12/03/14 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A Code Enforcement case (#130900) was processed for a restaurant
07/15/13 operating as a bar at 2620 Regatta Drive, Suite #118. The case was
resolved on 07/15/13.
A building permit (#323452) was issued for restaurant tenant
08/23/16 improvements (Americana) at 2620 Regatta Drive, Suite #118. The
permit was finalized on 10/19/16.
A building permit (#326048) was issued for a wall sign (Americana) at
09/13/16
2620 Regatta Drive, Suite #118. The permit has not been finalized.
A business license (#P64-00245) was issued for a Restaurant with
Service Bar (Americana) located at 2620 Regatta Drive, Suite #118.
The license is still active.
A business license (#G64-07144) was issued for a Restaurant with
10/19/16 144 seats (Americana) located at 2620 Regatta Drive, Suite #118. The
license is still active.
A business license (#L65-00020) was issued for a Restaurant with
Service Bar (Americana) located at 2620 Regatta Drive, Suite #118.
The license is still active.

Pre-Application Meeting
A pre-application meeting was conducted with the applicant to go over
02/23/17 the application materials and submittal requirements for a Special Use
Permit for a proposed Restaurant with Alcohol use.

JB
SUP-69259 [PRJ-69206]
Staff Report Page Seven
April 11, 2017 - Planning Commission Meeting

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

Field Check
The site contains an existing general retail shopping center. During a
03/02/17 routine site inspection staff observed a well maintained commercial
site free of trash and debris.

Details of Application Request


Site Area
Net Acres 0.47

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject SC (Service C-1 (Limited
Shopping Center
Property Commercial) Commercial)
R-PD5 (Residential
Single-Family L (Low Density
North Planned Development
Residential Residential)
5 Units Per Acre)
PR-OS (Parks R-PD5 (Residential
Club House
South Recreation/Open Planned Development
(Private)
Space) 5 Units Per Acre)
PR-OS (Parks R-PD5 (Residential
East Lake Recreation/Open Planned Development
Space) 5 Units Per Acre)
R-PD5 (Residential
Single-Family L (Low Density
West Planned Development
Residential Residential)
5 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 (200 Feet) Y

JB
SUP-69259 [PRJ-69206]
Staff Report Page Eight
April 11, 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
Regatta Drive Local Street Title 13 55 Y
Breakwater
Local Street Title 13 55 Y
Drive

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
69,904 SF 1/250 SF 280
Center
TOTAL SPACES REQUIRED 280 315 Y
Regular and Handicap Spaces Required 273 7 307 8 Y

Waivers
Requirement Request Staff Recommendation
To maintain a minimum 400-
To allow a zero-foot
foot distance separation
distance separation
between a Restaurant with
between a
Alcohol and a church/house Denial
Restaurant with
of worship, school, individual
Alcohol and a
care center licensed for more
Synagogue.
than 12 children, or City park.

JB
SUP-69259




SUP-69259

77b
b
SUP-69259

77b
b

SUP-69259

77b
b
SUP-69259



SUP-69259

SUP-69259

SUP-69259

SUP-69259

SUP-69259

SUP-69259 - REVISED
SUP-69259 [PRJ-69206] - SPECIAL USE PERMIT - APPLICANT: AMERICANA LV, LLC - OWNER: WFT NV, LLC
2620 REGATTA DRIVE, SUITE #118
03/02/17
SUP-69259 [PRJ-69206] - SPECIAL USE PERMIT - APPLICANT: AMERICANA LV, LLC - OWNER: WFT NV, LLC
2620 REGATTA DRIVE, SUITE #118
03/02/17
SUP-69259 [PRJ-69206] - SPECIAL USE PERMIT - APPLICANT: AMERICANA LV, LLC - OWNER: WFT NV, LLC
2620 REGATTA DRIVE, SUITE #118
03/02/17
SUP-69259 [PRJ-69206] - SPECIAL USE PERMIT - APPLICANT: AMERICANA LV, LLC - OWNER: WFT NV, LLC
2620 REGATTA DRIVE, SUITE #118
03/02/17
SUP-69259 [PRJ-69206] - SPECIAL USE PERMIT - APPLICANT: AMERICANA LV, LLC - OWNER: WFT NV, LLC
2620 REGATTA DRIVE, SUITE #118
03/02/17
7 7

b777777
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SUP-69259
Agenda Item No.: 48.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
SUP-69331 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: THE MOB
MUSEUM - OWNER: CITY OF LAS VEGAS - For possible action on a request for a Special
Use Permit FOR A 2,600 SQUARE-FOOT LIQUOR ESTABLISHMENT (TAVERN) USE
WITH A WAIVER TO ALLOW A DISTANCE SEPARATION OF 80 FEET FROM A
SIMILAR USE WHERE 1,500 FEET IS REQUIRED at 300 Stewart Avenue (APN 139-34-501-
007), C-V (Civic) Zone, Ward 5 (Barlow) [PRJ-68945]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 5/17/2017


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
SUP-69331 [PRJ-68945]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: THE MOB MUSEUM - OWNER: CITY OF LAS
VEGAS

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-69331 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 31

NOTICES MAILED 581

PROTESTS 0

APPROVALS 0

SS
SUP-69331 [PRJ-68945]
Conditions Page One
April 11, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-69331 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Liquor
Establishment (Tavern) use, except as amended herein.

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

3. A Waiver from Title 19.12 is hereby approved, to allow an 80-foot distance


separation from another Liquor Establishment (Tavern) where 1,500 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.

SS
SUP-69331 [PRJ-68945]
Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant requests to utilize approximately 2,600 square feet of space in the
basement of the existing 38,359 square-foot Mob Museum for an ancillary brewpub and
accessory liquor manufacturing (craft distillery) use. The bar and seating area would be
approximately 1,656 square feet, while the microbrewing area would occupy
approximately 934 square feet. The brewpub area would be integrated into the
museum tours as a Prohibition era speakeasy, while the manufacturing component
would be represented as a distillery for production of moonshine and beer. No gaming
is proposed.

ISSUES

The manufacture and sale of alcoholic beverages as proposed through this request
falls under the Liquor Establishment (Tavern) category. Per Title 19.10.020, the
Liquor Establishment (Tavern) use is permitted in the C-V (Civic) zoning district with
the approval of a Special Use Permit. The craft distillery is ancillary to the Liquor
Establishment (Tavern) use at this location.
A Waiver of the 1,500-foot distance separation requirement from an existing Liquor
Establishment (Tavern) use is necessary for approval of the Special Use Permit.
This provision is waivable per Requirement 5 of the Special Use Permit as listed in
Title 19.12. Staff supports this Waiver request.

ANALYSIS

A Liquor Establishment (Tavern) use is described in Title 19.12 as: A facility which sells
alcoholic beverages for consumption on the premises where the same are sold and
authorizes the sale, to consumers only and not for resale, of alcoholic beverages in
original sealed or corked containers, for consumption off the premises where the same
are sold.

The proposed use meets the definition, as the Museum proposes to offer alcoholic
beverages for sale and consumption on the premises and off the premises in sealed
containers. Although an associated Tavern license allows for restricted gaming within
establishments containing this use, no gaming is proposed at this location.

SS
SUP-69331 [PRJ-68945]
Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

The Minimum Special Use Permit Requirements for this use include (an asterisk
indicates that the requirement is nonwaivable):

* 1. Pursuant to its general authority to regulate the sale of alcoholic beverages, the
City Council declares that the public health, safety and general welfare of the City
are best promoted and protected by generally requiring both a minimum
separation between liquor establishments (tavern), and a minimum separation
between a liquor establishment (tavern) and certain other uses that should be
protected from the impacts associated with a liquor establishment (tavern).
Therefore, except as otherwise provided below, no liquor establishment (tavern)
may be located within 1500 feet of any other liquor establishment (tavern),
church/house of worship, school, individual care center licensed for more than 12
children, or City park.

The proposed Liquor Establishment (Tavern) use requires a Waiver to allow a


distance separation of 80 feet from a similar use where 1,500 feet is required.
Staff supports the requested Waiver of distance separation requirements
because the proposed use would be part of an interactive educational display at
a museum.

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


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

All applicable distance separations have been measured from property line to
property 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 liquor establishment (tavern) refers to:


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

SS
SUP-69331 [PRJ-68945]
Staff Report Page Three
April 11, 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 liquor establishment (tavern) will have direct access
(both ingress and egress) from a street having a minimum right-of-way
width of 100 feet. The required access may be shared with a larger
development but must be located within the property lines of the
parcel on which the proposed liquor establishment (tavern) will be
located;
C. All parking spaces required by this Subchapter 19.12.070 for the
liquor establishment (tavern) use will be located on the same parcel
as the use; and
D. The owners of all parcels within the commercial subdivision, including
the owner of agreement, satisfactory to the City Attorney, that
provides for perpetual, reciprocal cross-access, ingress and egress
throughout the commercial subdivision.

For informational purposes, Subparagraph (a) above applies with regard to the
distance separation requirement. The protected use is situated on Lot 1 of Lady
Luck (A Commercial Subdivision).

4. The distance separation requirement set forth in Requirement 1 does not apply to
an establishment which has a non-restricted gaming license in connection with a
hotel having 200 or more guest rooms on or before July 1, 1992, or in connection
with a resort hotel having in excess of 200 guest rooms after July 1, 1992.

This requirement is not applicable, as the proposed use would not be located
within an existing hotel or resort hotel.

5. The distance separation requirement set forth in Requirement 1 may be waived


in accordance with the provisions of LVMC 19.12.050(C), but only in connection
with a proposed liquor establishment (tavern) that:

a. Will be located on a parcel within the C-V District, the Parkway Center District
within the Downtown Centennial Plan, the Gaming Enterprise Overlay District,
or the Downtown Casino Overlay District;
b. Will be located on a parcel or within a building that, pursuant to State law or
City ordinance, has been designated as an historic property, historic building,
or landmark;
c. Will be located within a regional mall; or
d. Will be located within a mixed-use development
i. That has been approved by means of Special Use Permit pursuant to
LVMC Chapters 19.12 and 19.16;

SS
SUP-69331 [PRJ-68945]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

ii. That has a minimum net site area of 15 acres; and


iii. Whose gross floor area of nonresidential space is a minimum of 250,000
square feet; or
e. Will be separated from the existing use by a street or highway with a
minimum right-of-way width of 100 feet.

The proposed use meets this requirement. Pursuant to Subparagraph (a) above,
the site is located on a parcel zoned C-V (Civic). Pursuant to Subparagraph (b)
above, the existing building where the use is to be located has been designated
as an historic property by local, state and federal agencies. These conditions
allow the applicant to request a waiver of the 1,500-foot distance separation
requirement between similar uses.

* 6. The use shall conform to, and is subject to, the provisions of LVMC Chapters
6.40 and 6.50.

The proposed use will be required to continuously meet this requirement as a


condition of approval of a Special Use Permit.

LVMC Title 19.10.020(D) permits a Liquor Establishment (Tavern) use in the C-V (Civic)
District with approval of a Special Use Permit, as long as the parcel or use is operated
or controlled by an agency or subdivision of local, state or federal government. In this
case, the parcel is owned by the City of Las Vegas. There are several taverns within
1,500 feet of the subject property. However, per Title 19.12.070, the distance
separation requirement may be waived for taverns that are proposed to be located on a
parcel within the C-V District with adequate justification from the applicant. The nearest
taverns are located in the hotel/casinos south of Stewart Avenue, an 80-foot right-of-
way. Additional exterior improvements, including a loading dock ramp and vestibule at
the external stairwell are proposed under separate application.

The proposed tavern area occupies only a portion of the basement of the museum. The
use would be situated adjacent to an existing kitchen for maintenance and for catering
special events. Entry is proposed from the interior near the restrooms or from an
exterior stairwell on the east side of the building. Both the bar/lounge area and distillery
would be part of an interactive museum exhibit. Patron access to the distillery is limited
to the display exhibit only. Regular hours of operation are expected to coincide with
tours of the museum, from 9:00 a.m. to 12:00 midnight Sunday through Thursday and
from 9:00 a.m. to 2:00 a.m. Fridays and Saturdays. These times may be extended for
special events. According to the applicant, minors would be allowed access to the
exhibits until 5:00 p.m., but only under parental and staff supervision and with
wristbands identifying that they are under 21 years of age.

SS
SUP-69331 [PRJ-68945]
Staff Report Page Five
April 11, 2017 - Planning Commission Meeting

The Tavern license allows off-premise sales of package liquor, but sales cannot be
advertised. The retail area must be located behind the bar or a counter. The applicant
plans limited sales of sealed containers and merchandise as souvenirs.

The distance separation waiver request is appropriate, as the location of the Liquor
Establishment (Tavern) is in the basement level of a building without direct
advertisement on the exterior. As such, it would have no effect on the saturation of
similar uses in this area. Moreover, access to the bar area is limited and strictly
supervised by museum staff. The integration of a tavern and distillery into the
programmatic activities of the museum not only provides an interactive historical
educational display for visitors, but affords community space for patrons during and
after tours. Staff therefore recommends approval of the Special Use Permit with
conditions if approved.

FINDINGS (SUP-69331)

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

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


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

The proposed Liquor Establishment (Tavern) would be located within the


basement of a building primarily used as a museum, and would therefore not be
visible from street level, nor would there be permanent advertisement of this use
on the exterior of the building as is typical of other taverns. The proposed use is
therefore harmonious and compatible with existing and proposed land uses on
surrounding parcels. These other uses include hotel/casinos, general retail stores
and restaurants.

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

The primary use of the site is for a Museum. The site has adequate access and
parking to accommodate this use. Approval of a Special Use Permit for a Liquor
Establishment (Tavern) use would not increase the demand for parking on this
site.

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


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

SS
SUP-69331 [PRJ-68945]
Staff Report Page Six
April 11, 2017 - Planning Commission Meeting

Access to the site is provided by Stewart Avenue, an 80-foot wide Major Collector
as denoted on the Master Plan of Streets and Highways. The existing driveways
are adequate to accommodate the proposed Liquor Establishment (Tavern) use at
this location.

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

The proposed Liquor Establishment (Tavern) use will be subject to building permit
and licensing review and periodic inspection, and therefore will not compromise
the health, safety or welfare of the public.

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

The proposed use fails to meet Special Use Requirement Number 1, which
requires a 1,500-foot distance separation from the property line of the parcel
where the use is located to the property line of a protected use (in this case
another tavern). As the property is zoned C-V and is controlled by a local
governmental agency, this requirement may be waived for sufficient cause. Staff
supports the waiver request in this instance.

BACKGROUND INFORMATION

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


Department of Planning staff administratively approved a Minor Site
Development Plan Review (SDR-27014) for a proposed mechanical
03/25/08
room addition and onsite improvements at the Las Vegas Museum on
2.00 acres at 300 Stewart Avenue.
The Planning Commission approved a Master Sign Plan (MSP-44034)
01/10/12 for a museum on 1.98 acres at 300 Stewart Avenue. Staff
recommended approval.
The Planning Commission approved a request for a Special Use
Permit (SUP-47222) for a Beer/Wine/Cooler Cultural Establishment
with a Waiver to allow the use outside of 18b The Las Vegas Arts
12/11/12 District at 300 Stewart Avenue. Staff recommended approval.
The Planning Commission approved a request for a Site Development
Plan Review (SDR-47221) to convert a parking lot into a plaza on 2.00
acres at 300 Stewart Avenue. Staff recommended approval.

SS
SUP-69331 [PRJ-68945]
Staff Report Page Seven
April 11, 2017 - Planning Commission Meeting

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


The City Council approved a request for a Special Use Permit (SUP-
51788) for a Liquor Establishment (Tavern) with a Waiver to allow an
80-foot distance separation from a similar use where 1,500 feet is
01/22/14
required at 300 Stewart Avenue (entire site). The Planning
Commission and staff recommended approval. The approval expired
01/22/16.

Related Building Permits/Business Licenses


1932 The existing building at 300 Stewart Avenue was constructed.
A building permit (119565) was issued for a tenant improvement for
rehabilitation of an historic post office into a museum at 300 Stewart
Avenue. A final inspection was completed 02/08/12.
A building permit (119566) was issued for a trash enclosure at 300
07/28/09
Stewart Avenue. A final inspection was not completed.
A building permit (119567) was issued for a chiller/transformer
structure at 300 Stewart Avenue. A final inspection was not
completed.
A building permit (145158) was issued for interior demolition of the
09/22/09
building at 300 Stewart Avenue. A final inspection was not completed.
A building permit (196273) was issued for a tenant improvement for a
11/30/11 general retail store at 300 Stewart Avenue. A final inspection was not
completed.
A business license (N31-00336) was issued for a nonprofit museum at
01/26/12
300 Stewart Avenue. The license is active.
A building permit (203888) was issued for a wall sign at 300 Stewart
02/02/12
Avenue. A final inspection was completed on 02/10/12.
A business license (G50-00054) was issued for a museum gift shop at
02/09/12
300 Stewart Avenue. The license is active.
A business license (B23-00075) was issued for a banquet facility with
02/13/12
photo booth at 300 Stewart Avenue. The license is active.
A business license (P02-01075) was issued for a parking lot at 300
08/30/12
Stewart Avenue. The license is active.
A business license (L62-00016, previously classed as L09-92168) was
12/27/12 issued for beer/wine/cooler on-sale at a concession stand at 300
Stewart Avenue. The license remains active.
A business license (R10-01354) was issued for an indoor mobile food
05/13/13
cart at 300 Stewart Avenue. The license is active.
A business license (W01-00132) was issued for a wedding chapel at
05/29/13
300 Stewart Avenue. The license is active.

SS
SUP-69331 [PRJ-68945]
Staff Report Page Eight
April 11, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


A building permit (242776) was issued for an interior remodel of the
08/15/13 3rd Floor board room at 300 Stewart Avenue. A final inspection has
not been completed.
A building permit (263564) was issued for onsite improvements and
hardscapes at 300 Stewart Avenue. A final inspection has not been
completed.
07/28/14
A building permit (263565) was issued for assembly tenant
improvement for the Mob Museum at 300 Stewart Avenue. A final
inspection has not been completed.
A Code Enforcement Case (149437) was processed for graffiti on the
01/07/15
building at 300 Stewart Avenue. The case was closed on 01/08/15.
A business license (G63-08739) was issued for an automated teller
12/01/15
operator at 300 Stewart Avenue. The license is active.
A business license (P63-00379) was issued for a banquet facility at
01/05/16
300 Stewart Avenue. The license is active.
A business license (L64-00002) was issued for a banquet facility at
01/05/16
300 Stewart Avenue. The license is active.

Most Recent Change of Ownership


05/14/02 A deed was recorded for a change in ownership.

Pre-Application Meeting
A pre-application meeting was held to discuss submittal requirements
for a Special Use Permit application. It was determined that the craft
distillery would be an accessory use to the Liquor Establishment
02/06/17 (Tavern), which in itself would be accessory to the primary Museum
use on the property. Business licensing staff was on hand to explain
the allowances and restrictions of the various licenses necessary for
the operation of the establishment as proposed.

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

Field Check
The site contains an existing Museum building with parking and
03/02/17
loading areas in the side and rear.

SS
SUP-69331 [PRJ-68945]
Staff Report Page Nine
April 11, 2017 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres 2.00

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Museum, Art
Subject
Display or Art PF (Public Facilities) C-V (Civic)
Property
Sales (Private)
Transit Passenger
C-2 (General
North Facility MXU (Mixed Use)
Commercial)
(nonoperational)
C-2 (General
South Hotel/Casino C (Commercial)
Commercial)
C-2 (General
East Undeveloped MXU (Mixed Use)
Commercial)
Transit Passenger
C-2 (General
West Facility MXU (Mixed Use)
Commercial)
(nonoperational)

Master and Neighborhood Plan Areas Compliance


Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay District (Downtown Gateway
Y
District)
A-O (Airport Overlay) District Y
H (Historic Designation) Y
Live/Work Overlay District N/A
Other Plans or Special Requirements Compliance
Trails (Cultural Corridor 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-69331 [PRJ-68945]
Staff Report Page Ten
April 11, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Stewart Avenue Major Collector Streets and 80 Y
Highways Map

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 Ratio Handi- Handi-
Regular Regular
Units capped capped
Museum, Art 1 space
Display or Art 35,769 SF per 300 120
Sales (Private) SF GFA
1 space
per 50
1453 SF
SF
seating
Liquor seating +
and waiting
Establishment 1 space 35
(Tavern) per 200
1137 SF
SF
BOH
remain-
ing GFA
TOTAL SPACES REQUIRED 155 48 N
Regular and Handicap Spaces Required 149 6 44 4 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.

Waivers
Requirement Request Staff Recommendation
Minimum 1,500-foot distance To allow an 80-foot distance
separation from an existing separation from an existing
Approval
Liquor Establishment Liquor Establishment (Tavern)
(Tavern) use located inside a Hotel/Casino

SS
A 7 7 A

A 7 7 A b A 7

b 7 7 SUP-69331 A 7 777

77 7

77A 7 7 7

77 7 7b

77777/ 777 777 777b 7b 7


7b 77777777777 7
7 7777 77777 77
777777 77

7 7
77777 777b 7b 77 7b 7 7
7777 777777 7 77b 7 7
77A 77A 7 7 7777 777
777 777

b 7 7 A

7 A 7 A

A 7 A

77 7

7 7 7 7

77 77

7
7 =
777 7

7 77777b 7


7

A 7 7 A
A b A 77 7
A 7 7 7
7A 7 7 7A

7== 7 7 7 77

A 7 7 7 77
7

7 77 7 7 A 777b
b 7 7 77 7A 7 A
7A 7 77 7 A 7 7 A
A 7 77 777777 7A 7 7 7
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7 7 b 7777
A 77 7 7 777 7 ==777
b 7 7 7 7 7 7
7A 77 7 7 7 77

A b A 77 7 7 b 77
A 7 7 7A 7 777==7 A

7 7 7
7A 7

A 7 7b b 7b 7
A 77 7 7 7 7 =777 7 7
b 7 7 7 7 7
7 A 7b /

7 7 7 A 7 7
A
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7 7 7 7 SUP-69331
7
77 77
7
77 7
7

7 77777b 7
7 A 7 77 777 77 7
7 7 77 7 777 7 7
7
7 777 7
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7
SUP-69331


SUP-69331


SUP-69331


SUP-69331


SUP-69331


SUP-69331


SUP-69331 [PRJ-68945] - SPECIAL USE PERMIT - APPLICANT: THE MOB MUSEUM - OWNER: CITY OF LAS
VEGAS
300 STEWART AVENUE
03/02/17
SUP-69331 [PRJ-68945] - SPECIAL USE PERMIT - APPLICANT: THE MOB MUSEUM - OWNER: CITY OF LAS
VEGAS
300 STEWART AVENUE
03/02/17

SUP-69331 - REVISED

SUP-69331 - REVISED
Agenda Item No.: 49.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
SDR-68686 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING -
APPLICANT/OWNER: MARKET STREET SUMMERLIN RE, LLC - For possible action on a
request for a Site Development Plan Review FOR A PROPOSED 60-BED CONVALESCENT
CARE FACILITY/NURSING HOME WITH A WAIVER TO ALLOW A ZERO-FOOT
PERIMETER LANDSCAPE BUFFER WHERE EIGHT FEET IS REQUIRED ON THE
NORTH PROPERTY LINE, A TWO-FOOT PERIMETER LANDSCAPE BUFFER WHERE
EIGHT FEET IS REQUIRED ON A PORTION OF THE WEST PROPERTY LINE, A SIX-
FOOT PERIMETER LANDSCAPE BUFFER WHERE EIGHT FEET IS REQUIRED ON THE
EAST PROPERTY LINE, AND A 10-FOOT PERIMETER LANDSCAPE BUFFER WHERE
15 FEET IS REQUIRED ON A PORTION OF THE SOUTH PROPERTY LINE on 2.22 acres
at 7540 Smoke Ranch Road (APN 138-15-402-002), C-1 (Limited Commercial) Zone, Ward 1
(Tarkanian) [PRJ-68685]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 5/17/2017


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 DENIAL, if approved, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcard
SDR-68686 [PRJ-68685]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: MARKET STREET SUMMERLIN RE,
LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SDR-68686 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 23

NOTICES MAILED 202

PROTESTS 1

APPROVALS 0

PB
SDR-68686 [PRJ-68685]
Conditions Page One
April 11, 2017 - Planning Commission Meeting

** CONDITIONS **

SDR-68686 CONDITIONS

Planning

1. Conformance to the Conditions of Approval for Rezoning (ZON-60372) 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. A Waiver from Title 19.08 is hereby approved, to allow a zero-foot wide landscape
buffer with no perimeter landscaping on the north property line, a six-foot wide
landscape buffer on the east property line, a two-foot wide landscape buffer on
portions of the west property line, and a 10-foot wide landscape buffer on portions
of the south property line in accordance with the landscape plan.

4. All development shall be in conformance with the site plan and landscape plan
date stamped 03/08/17; and building elevations date stamped 02/23/17, except as
amended by conditions herein.

5. A perpetual access easement/agreement to allow access to the cul-de-sac on the


property to the north must be obtained and submitted for review prior to the
issuance of building permits for this facility.

6. The building elevations shall be revised to include a stone veneer base on all four
elevations to at least the height of the window trim.

7. All fences on the property shall be decorative wrought iron with stucco columns.

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.

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SDR-68686 [PRJ-68685]
Conditions Page Two
April 11, 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. All City Code requirements and design standards of all City Departments must be
satisfied, except as modified herein.

Public Works

13. Remove all substandard public street improvements and unused driveway cuts on
Smoke Ranch Road adjacent to this site, if any, and replace with new
improvements meeting Current City Standards concurrent with development of this
site.

14. The proposed driveways on Smoke Ranch Road shall meet the approval of the
City Traffic Engineer. The western driveway shall have right-in/right-out access
only. Extend the existing median in Smoke Ranch Road to a length and location
acceptable to the City Traffic Engineer to prohibit left turns into the proposed
western driveway.

15. Obtain a private sewer easement for this site on Assessors Parcel Number
#138-15-410-032 to provide public sewer service to this site. Alternatively, this site
must construct and connect to a public sewer line in Smoke Ranch Road that is
designed at a depth and location acceptable to the Sanitary Sewer Planning
Section of the Department of Public Works.

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

PB
SDR-68686 [PRJ-68685]
Conditions Page Three
April 11, 2017 - Planning Commission Meeting

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

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

PB
SDR-68686 [PRJ-68685]
Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to build a 37,156 square-foot, 60-bed convalescent care


facility/nursing home on a vacant lot at 8504 Smoke Ranch Road. In October of 2015
this site was previously approved for an 80 bed convalescent care facility/nursing home,
but it was never built.

ISSUES

Waivers have been requested to allow a zero-foot wide landscape buffer with no
perimeter landscaping on the north property line; a six-foot wide landscape buffer on
the east property line; a two-foot wide landscape buffer on a portion of the west
property line; and a 10-foot wide landscape buffer on a portion of the south property
line. Staff does not support the waiver requests.

ANALYSIS

The subject site (8504 Smoke Ranch Road) is located on the north side of Smoke
Ranch Road approximately 315 feet east of Buffalo Drive and is a 2.22 acre vacant lot.
The site was rezoned from U (Undeveloped) to C-1 (Limited Commercial) by the City
council on 10/21/15, and an 80-bed Convalescent Care Facilty/Nursing Home was also
approved on the same date. No waivers were required at the time, and staff
recommended approval of that project. That facility was never constructed.

The Convalescent Care Facility / Nursing Home use is defined as A building or


structure designed, used, or intended to be used to house and provide care for persons
who have a chronic physical or mental illness or infirmity, but who do not need medical,
surgical or other specialized treatment normally provided by a hospital. This use
includes a rest home and nursing home, as well as a use that would qualify as a
Community Residence except for the limitation on the number of residents, but does not
include an assisted living apartment, hospital or other medical facility that is
specifically defined in LVMC Chapter 19.18. A Convalescent Care Facility / Nursing
Home is a permitted use in the C-1 (Limited Commercial) zoning district.

After submittal of their application, the applicant submitted revised site plan and
landscape plan drawings dated 03/08/17 to provide the appropriate side setbacks, and
now is in conformance with all setback requirements for the C-1 (Limited Commercial)
zoning district.

PB
SDR-68686 [PRJ-68685]
Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

The proposed facility will have 27 parking spaces, where 23 are required by the UDC.
Access to the site will be from two driveways off of Smoke Ranch Road, and the
majority of parking is provided in front of the facility. A 25-foot wide access drive allows
access to the rear of the facility along the east and then north property lines. The
Department of Fire and Rescue requires a turnaround or secondary egress from the
site. The current proposal doesnt provide enough room for a turnaround, so the
applicant is proposing to have access to the cul-de-sac bulb on the property to the
north. Staff is including a condition of approval that a perpetual access
easement/agreement be submitted prior to the issuance of building permits for the
facility to protect the health and safety of future residents.

The proposed facility would be composed of stucco walls, a tiled gabled roof structure,
and have vinyl windows. The existing medical offices on the north and east, and the
retail center on the west are all flat roofed structures with parapets. The only gabled
roof structures in the immediate vicinity are the single family homes on the south side of
Smoke Ranch Road which are on 41-foot wide lots. The proposed facility includes a
gabled roof structure that spans nearly the full length of the 295-foot wide facility. While
the use proposed is quasi-residential, the adjacent non-residential structures in the Las
Vegas Technology Center are the overwhelming aesthetic and therefore the proposed
gabled roof structure is incompatible with the surrounding development.

To make the proposed elevations more compatible with the surrounding development,
to give the sense of a base to the architectural design and to provide some visual
interest along the nearly 300-foot front faade, staff is recommending a condition that a
stone veneer be added to all elevations at a level just below the window trim.
Additionally, the submitted elevations appear to depict a chain link fence on the south
faade, which would be aesthetically incompatible with the surrounding developments.
Staff is recommending a condition of approval that requires all fencing on the site to be
decorative wrought iron with stucco columns.

The landscape plan submitted by the applicant reflects the waivers that they are
requesting for the proposal. On the north property line, where an eight-foot wide
landscape buffer is required, the applicant is proposing to have no landscape buffer or
landscape materials. On the east property line, where an eight-foot wide landscape
buffer is required, the applicant is proposing to have a six-foot wide landscape buffer.
On the south property line, where a 15-foot wide landscape buffer is required, the
applicant is proposing that portions of that buffer be 10 feet in width. Finally, on the
west property line, where an eight-foot wide landscape buffer is required, the applicant
is proposing that portions of that buffer be 2 feet in width. Staff finds that these requests
are indicative of a proposal that overbuilds the subject site and therefore does not
support the waivers.

PB
SDR-68686 [PRJ-68685]
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

The rest of the landscape plan is in accordance with the requirements of the UDC for
the number and species of landscape materials proposed, including the provision of
parking lot landscaping.

Staff finds that the use is appropriate for the site, but this proposal will overbuild the site,
hence the necessity to request landscape waivers for every property line, and therefore
recommends denial. Recommended conditions have been included should the
proposal be approved.

FINDINGS (SDR-68686)

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 existing developments fronting on Smoke Ranch Road on either side of the
subject site provide landscape buffer widths in accordance with the UDC and flat
rooves with parapets instead of a gabled roof forms. Therefore, the proposal is
incompatible with adjacent development.

2. The proposed development is consistent with the General Plan, this Title,
the Design Standards Manual, the Landscape, Wall and Buffer Standards,
and other duly-adopted city plans, policies and standards;

The proposal includes several landscape waivers which means the development
is not consistent with the UDC and the Wall and Buffer Standards.

3. Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;

The proposal includes two driveways off of Smoke Ranch, a Primary Arterial,
which is sufficient to handle the traffic associated with this use.

4. Building and landscape materials are appropriate for the area and for the
City;

Stucco, tile roofing and vinyl windows are typical building materials in the city, and
the landscape materials are appropriate for the region.

PB
SDR-68686 [PRJ-68685]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

5. Building elevations, design characteristics and other architectural and


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

While not unsightly, the choice to use a gabled roof form adjacent to several
existing medical offices and a retail center that all have flat rooves with parapets is
incompatible with development in the area. Additionally, the lack of a distinct base
material to the architectural design and the inclusion of chain link fencing would
create an aesthetically displeasing development.

6. Appropriate measures are taken to secure and protect the public health,
safety and general welfare.

If approved, the project will be subject to building permit review and business
licensing requirements and ongoing inspection to assure it continues to operate
respective of public health, safety and welfare.

BACKGROUND INFORMATION

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


The City Council approved a Petition to Annex (A-0015-84)
approximately 1,000 acres of property generally located east of Buffalo
Drive, west of Lorenzi Boulevard, between Cheyenne Avenue on the
09/05/84
north and Washington Avenue on the south. The Planning
Commission and staff recommended approval. The annexation
became effective on 12/06/84.
The City Council accepted the applicants request to withdraw without
prejudice a Special Use Permit (U-0010-99) for a Beer/Wine/Cooler
Off-Sale use in conjunction with a proposed general retail and car
wash building on property located at the northeast corner of Buffalo
Drive and Smoke Ranch Road. The Planning Commission and staff
recommended denial.
05/10/99
The City Council accepted the applicants request to withdraw without
prejudice a Special Use Permit (U-0011-99) for an Auto Repair
Garage, Minor use in conjunction with a proposed general retail and
car wash building on property located at the northeast corner of
Buffalo Drive and Smoke Ranch Road. The Planning Commission and
staff recommended denial.

PB
SDR-68686 [PRJ-68685]
Staff Report Page Five
April 11, 2017 - Planning Commission Meeting

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


A Rezoning (ZON-60372) from U(Undeveloped) to C-1 (Limited
Commercial) was approved by the City Council. The Planning
Commission and staff recommended approval.
10/21/15 A Site Development Plan Review (SDR-60374) for an 80-bed
convalescent care facility/nursing home was approved by the City
Council. The Planning Commission and staff recommended approval.
This entitlement was never exercised.

Most Recent Change of Ownership


03/01/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


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

Pre-Application Meeting
A preapplication meeting was held with the applicant with staff going
01/23/17
over the submittal requirements for a Site Development Plan Review.

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

Field Check
Staff completed a routine site visit, the site is vacant and free of debris,
03/02/17
with several temporary, political signs.

Details of Application Request


Site Area
Net Acres 2.22

PB
SDR-68686 [PRJ-68685]
Staff Report Page Seven
April 11, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject SC (Service C-1 (Limited
Vacant
Property Commercial) Commercial)
LI/R (Light C-PB (Planned
North Medical Office
Industrial/Research) Business Park)
Single Family ML (Medium Low R-CL (Single-Family
South
Dwellings Density Residential) Compact Lot)
LI/R (Light C-PB (Planned
East Medical Office
Industrial/Research) Business Park)
SC (Service C-1 (Limited
West Retail
Commercial) Commercial)

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
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 19.08, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size N/A 96,703 SF Y
Min. Lot Width 100 Feet 336 Feet Y
Min. Setbacks
Front 10 Feet 80 Feet Y
Side 10 Feet 10 Feet Y
Corner 10 Feet N/A Y
Rear 20 Feet 26 Feet Y
Min. Distance Between Buildings N/A N/A Y

PB
SDR-68686 [PRJ-68685]
Staff Report Page Eight
April 11, 2017 - Planning Commission Meeting

Standard Required/Allowed Provided Compliance


Max. Lot Coverage 50 % 20 % Y
Max. Building Height N/A 24 Feet Y
Screened,
Trash Enclosure Screened, Gated, w/ a Gated w/a Y
Roof or Trellis Roof/Trellis
Mech. Equipment Screened Screened Y

Residential Adjacency Standards Required/Allowed Provided Compliance


3:1 proximity slope 72 Feet 180 Feet Y
Adjacent development matching
setback N/A 80 Feet Y
Trash Enclosure N/A 0 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 17 Trees 1 Trees *N
South 1 Tree / 20 Linear Feet 12 Trees 12 Trees Y
East 1 Tree / 20 Linear Feet 14 Trees 14 Trees Y
West 1 Tree / 20 Linear Feet 14 Trees 14 Trees Y
TOTAL PERIMETER TREES 57 Trees 41 Trees *N
1 Tree / 6 Uncovered
Parking Area Spaces, plus 1 tree at the
10 Trees 10 Trees Y
Trees end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North 8 Feet 0 Feet *N
South 15 Feet 5 Feet *N
East 8 Feet 8 Feet Y
West 8 Feet 2 Feet *N
Wall Height 6 to 8 Feet Adjacent to Residential N/A Y
*The applicant has requested a waiver to the perimeter landscape standards, the
request is detailed below.

PB
SDR-68686 [PRJ-68685]
Staff Report Page Nine
April 11, 2017 - Planning Commission Meeting

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Planned Streets and
Smoke Ranch
Primary Arterial Highways 100 Y
Road

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
Convalescent
Care Facility / 60 beds 1 to 10 beds 10
Nursing Home
1 per
Employees 10 employees employee 10
Medical 3 medical 3 for medical
Professionals professionals professionals 3
TOTAL SPACES REQUIRED 23 27 Y
Regular and Handicap Spaces Required 22 1 25 2 Y
Loading
1 2 Y
Spaces

Waivers
Requirement Request Staff Recommendation
An eight-foot wide landscape A zero-foot wide
buffer with trees spaced 20 landscape buffer with no
Denial
foot on center on the north trees on the north
property line property line.
A 15-foot wide landscape A 10-foot wide landscape
buffer on the south property buffer on portions of the Denial
line south property line.
An eight-foot wide
landscape buffer with a
An eight-foot wide landscape parallel sidewalk that
buffer on the west property reduces the width for a Denial
line portion of the buffer to 2
feet on the west property
line.

PB
SDR-68686 [PRJ-68685]
Staff Report Page Nine
April 11, 2017 - Planning Commission Meeting

Waivers
Requirement Request Staff Recommendation
An eight-foot wide landscape A six-foot wide landscape
buffer on the east property buffer on the east Denial
line property line

PB
SDR-68686



SDR-68686


SDR-68686

SDR-68686 - REVISED


SDR-68686 - REVISED






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SDR-68686
SDR-68686 [PRJ-68685] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: MARKET STREET
SUMMERLIN RE, LLC
7540 SMOKE RANCH ROAD
03/02/17
SDR-68686 [PRJ-68685] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: MARKET STREET
SUMMERLIN RE, LLC
7540 SMOKE RANCH ROAD
03/02/17
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SDR-68686 - REVISED
Agenda Item No.: 50.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
SDR-69225 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING -
APPLICANT/OWNER: AVANTE LV 6TH ST, LLC - For possible action on a request for a Site
Development Plan Review FOR A PROPOSED 20-STORY MIXED-USE DEVELOPMENT
CONTAINING 295 MULTI-FAMILY RESIDENTIAL UNITS AND 24,800 SQUARE FEET
OF COMMERCIAL SPACE WITH A WAIVER OF DOWNTOWN CENTENNIAL PLAN
ARCHITECTURAL DESIGN STANDARDS on 0.48 acres at the northwest corner of Hoover
Avenue and 6th Street (APN 139-34-410-199), C-1 (Limited Commercial) Zone, Ward 3
(Coffin) [PRJ-69165]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 5/17/2017


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 1 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. Clark County School District Tracking Form
7. Clark County Department of Aviation Comments
8. Protest/Support Postcards
SDR-69225 [PRJ-69165]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: AVANTE LV 6TH ST, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
Staff recommends DENIAL, if approved subject to
SDR-69225
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 34

NOTICES MAILED 327

PROTESTS 1

APPROVALS 1

SS
SDR-69225 [PRJ-69165]
Conditions Page One
April 11, 2017 - Planning Commission Meeting

** CONDITIONS **

SDR-69225 CONDITIONS

Planning

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

2. All development shall be in conformance with the site plan date stamped 03/29/17,
landscape plan date stamped 02/23/17, and building elevations date stamped
02/23/17 and 03/15/17, 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. The applicant shall coordinate with the City Surveyor and other city staff to
determine the most appropriate mapping action necessary to consolidate the
existing lots. The mapping action shall be completed and recorded prior to the
issuance of any building permits.

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


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

7. 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.

SS
SDR-69225 [PRJ-69165]
Conditions Page Two
April 11, 2017 - Planning Commission Meeting

8. A Comprehensive Construction Staging Plan shall be submitted to the Department


of Planning for review and approval prior to the issuance of any building permits.
The Construction Staging Plan shall include the following information: Design and
location of construction trailer(s); design and location of construction fencing; all
proposed temporary construction signage; location of materials staging area; and
the location and design of parking for all construction workers.

9. 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.

10. Prospective buyers shall be informed that views may be obscured by future
adjacent development and this information shall be included in project CC&Rs.

11. 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.

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

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SDR-69225 [PRJ-69165]
Conditions Page Three
April 11, 2017 - Planning Commission Meeting

Public Works

13. Dedicate a 10-foot radius on the northwest corner of Hoover Avenue and 6th
Street. Any portion of the proposed building encroaching into the dedication of the
radius shall be a minimum of 40-feet above the ground level. The applicant shall
obtain a perpetual aerial easement for the portion of the building that encroaches
into the dedicated radius.

14. Remove all substandard public street improvements and unused driveway cuts
adjacent to this site, if any, and replace with new improvements meeting
Downtown Centennial Plan Standards concurrent with development of this site,
except as amended by conditions herein. Improvements associated with the
proposed Loading Space on Hoover Avenue shall comply with current
Americans with Disabilities Act (ADA) standards. 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. Concurrent with construction, replace the existing 6-inch sewer line with an 8-inch
sewer line from the manhole in Hoover Avenue north to where it intersects with the
existing 8-inch sewer line.

16. 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.

17. Coordinate with both the Parking and Enforcement Division (702-229-6432) of the
Department of Economic Urban Development and the Traffic Division of the
Department of Public Works (702-229-6327) to determine requirements for
removing public parking stalls along Hoover Avenue, if any, prior to the issuance of
permits for this site. Comply with the recommendations of the Parking and
Enforcement Division and the Traffic Division.

18. Prior to the approval of Construction drawings for this site, sign a Covenant
Running with Land agreement for the possible future installation of any off-site
improvements per requirements of the Downtown Centennial Plan, if any, that are
deferred by this action including undergrounding of all existing overhead utility lines
adjacent to this site not placed underground with this development. The Covenant
agreement must be recorded with the County Recorder and a copy of the recorded
document must be provided to the City prior to the issuance of building permits for
this site.

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SDR-69225 [PRJ-69165]
Conditions Page Four
April 11, 2017 - Planning Commission Meeting

19. Submit a License Agreement for landscaping and private improvements in the 6th
Street and Hoover 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 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 (702-229-4836).

20. A Traffic Impact Analysis must be submitted to and approved by the Department of
Public Works prior to the issuance of any building or grading permits, submittal of
any construction drawings or the recordation of a Map subdividing this site,
whichever may occur first. Comply with the recommendations of the approved
Traffic Impact Analysis prior to occupancy of the site. The Traffic Impact Analysis
shall also include a section addressing Standard Drawings #234.1 #234.2 and
#234.3 to determine additional right-of-way requirements for bus turnouts adjacent
to this site, if any; dedicate all areas recommended by the approved Traffic Impact
Analysis. All additional rights of way required by Standard Drawing #201.1 for
exclusive right turn lanes and dual left turn lanes shall be dedicated prior to or
concurrent with the commencement of on site development activities unless
specifically noted as not required in the approved Traffic Impact Analysis. Phased
compliance will be allowed if recommended by the approved Traffic Impact
Analysis. No recommendation of the approved Traffic Impact Analysis, nor
compliance therewith, shall be deemed to modify or eliminate any condition of
approval imposed by the Planning Commission or the City Council on the
development of this site.

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

SS
SDR-69225 [PRJ-69165]
Staff Report Page One
April 11, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is requesting to develop a vacant parcel at the northwest corner of


Hoover Avenue and 6th Street with a proposed mixed use development. The
development would contain one 20-story, 250-foot tall building with approximately
14,800 square feet of retail, restaurant and art gallery uses as well as administrative
uses on the ground floor, five levels of covered parking, approximately 10,000 square
feet of office space, and 295 for-rent multi-family units (on Levels 8-19) with amenities
for residents. Ingress to the site is from the abutting public alley to the west. The multi-
family residential lobby will be accessed from Hoover, and the commercial will take
access from either Hoover Avenue or 6th Street. Most of the rental units are studio/one
bedroom microunits containing a minimum of 260 square feet.

ISSUES

A Waiver of Downtown Centennial Plan Architectural Design Standards is required


to allow the primary building design elements not to be carried around all four sides
of the building and to allow extended blank walls on the north elevation. Staff
recommends denial of the waiver.
If approved, prior to issuance of building permits, a mapping action must be
recorded that consolidates the underlying platted lots.
A condition of approval requires the applicant to file a Notice of Proposed
Construction or Alteration with the Federal Aviation Administration, as the building
exceeds the threshold requirements for notification.

ANALYSIS

Development is subject to the requirements of the Downtown Centennial Plan


(Downtown South District) and Title 19 where applicable. This site is within the
Live/Work Overlay, but not the Airport Overlay. No Live/Work units are proposed at this
time. The proposal meets all Title 19.12 conditional use requirements for the Mixed Use
use; therefore, no Special Use Permit is needed. Pursuant to Title 19.04.010, Public
Works has waived implementation of Complete Streets standards for the rights-of-way
adjacent to the proposed mixed-use development. Along Hoover Avenue, the sidewalk
is nine feet, four inches where 10 feet is required by the Downtown Centennial Plan.
However, requiring conformance with the Downtown Centennial Plan would create a
non-uniform curbline at midblock, which is not recommended for safety reasons.

SS
SDR-69225 [PRJ-69165]
Staff Report Page Two
April 11, 2017 - Planning Commission Meeting

The building is designed to occupy the entire parcel, with building edges at the property
lines and slight aerial encroachments into the public right-of-way. Per Section VII.C of
the Downtown Centennial Plan, architectural features must be carried around all sides
of the building, and extended, blank, expressionless walls at the street levels are
prohibited, unless a waiver is approved. While the elevations facing public rights-of-way
contain storefront windows, awnings and canopies, the north elevation is proposed to
contain flat, windowless walls with slight recesses and changes in paint color, and the
west elevation is to contain openings for a service area and metallic meshing at the
parking garage levels. The applicant states that because the north elevation does not
directly face the right-of-way and the intent of the Downtown Centennial Plan is to
provide features within the pedestrian zone along rights-of-way, using the same
architectural features along the north elevation is not necessary and a waiver of this
standard is warranted. The changes in paint color that have been provided align with
window patterns on upper floors. However, staff contends that the adjacent building to
the north is one story only and is separated from the property line by a driveway, which
allows the full faade of the building to be revealed and visible from 6th Street. The
proposed color bands and recesses are not adequate to meet the intent of the
Downtown Centennial Plan to provide continuity of design from the upper floors as well
as the architecture displayed along Hoover Avenue and 6th Street. Staff therefore
recommends denial of the waiver.

Title 19 parking standards are not automatically applied within the Downtown
Centennial Plan Overlay District. The applicant is proposing 180 parking spaces within
five levels in the building, a 71 percent reduction from Title 19 requirements outside of
Downtown. This accounts for about 0.61 spaces per proposed unit or one space per
138 square feet of commercial space. The applicant assumes the parking areas will be
occupied at staggered peak hours for different uses. A majority of the units proposed
are microunits, and many of the renters are expected to use ride sharing and walk to
jobs and services in the area, which will reduce the need for onsite parking.

Two spaces for drop-off and pick-up of patrons are proposed along Hoover Avenue.
These spaces are approximately 10 feet wide by 20 feet long, which do not meet
standards for parallel parking or loading spaces. These spaces are currently metered;
additional municipal code requirements must be met addressing the use of these
spaces.

The streetscape provided is in conformance with Downtown Centennial Plan


requirements, with the exception noted above. As the site occupies less than 50
percent frontage on this block, these standards are not strictly enforced at this time, but
a Covenant Running with Land for any future improvements to meet the Downtown
Centennial Plan requirements will be necessary. This will include streetlights, trash
receptacles and benches within the public right-of-way as specified in the Plan.

SS
SDR-69225 [PRJ-69165]
Staff Report Page Three
April 11, 2017 - Planning Commission Meeting

The Clark County Department of Aviation has determined that the proposed building will
exceed 200 feet in height and the 100:1 slope threshold for notification to the Federal
Aviation Administration and has provided conditions of approval to ensure conformance
with federal aviation regulations and the protection of navigable airspace and airport
operations.

The Clark County School District projects that approximately 75 additional primary and
secondary school students would be generated by the proposed development on this
site. Helen Smith Elementary School and Walter Johnson Middle School are near or
over capacity for the 2016-2017 school year. In particular, Helen Smith Elementary
School is at 125 percent of program capacity.

Many of the objectives of the Downtown Centennial Plan are incorporated into the
design of the proposed mixed-use development, and the featuring of microunits will fill a
niche for this area of the city. However, staff cannot support the design of the north
elevation, which leaves large visible areas of wall space that do not integrate with the
overall design. Staff therefore recommends denial, with conditions if approved. If
denied, the development could not be constructed as proposed.

FINDINGS (SDR-69225)

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 mixed-development is appropriate in this area of the Downtown.


However, the design calls for large areas of flat, expressionless wall on the north
elevation and does not carry the main architectural design around to all sides of
the building. This design is aesthetically incompatible with adjacent development
in the area.

2. The proposed development is consistent with the General Plan, this Title,
the Design Standards Manual, the Landscape, Wall and Buffer Standards,
and other duly-adopted city plans, policies and standards;

The proposed mixed-use development is consistent with the General Plan and
conforms to most requirements of the Downtown South District of the Downtown
Centennial Plan; however, a waiver is required from the Architectural Design
Standards contained within the Plan, which staff cannot support.

SS
SDR-69225 [PRJ-69165]
Staff Report Page Four
April 11, 2017 - Planning Commission Meeting

3. Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;

Access to the site would be from a public alley with a two-way driveway from
Hoover Avenue between Las Vegas Boulevard and 6th Street. Circulation
through the site is limited to the enclosed parking garage. The proposed access
is not expected to negatively affect traffic in the area.

4. Building and landscape materials are appropriate for the area and for the
City;

Building materials include painted EIFS and tilt-up concrete, colored glazing and a
metallic mesh at the parking levels. These materials are acceptable for this area.
Landscape materials include drought-tolerant 36-inch box Goldenrain shade
trees, which are labeled as bulletproof by the Southern Nevada Regional
Planning Coalition Regional Plant List and are appropriate for the Downtown 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 proposed building elevations do not meet the Downtown Centennial Plan
architectural standard requiring features to be carried on all sides of the building,
and the north elevation provides only flat, windowless, painted walls at the parking
levels with little design continuity with upper levels. Aesthetically, the elevations
are therefore not harmonious and compatible with surrounding development.

6. Appropriate measures are taken to secure and protect the public health,
safety and general welfare.

Development of the site will be subject to building permit and business licensing
review and inspection, thereby protecting the health, safety and welfare of the
public.

BACKGROUND INFORMATION

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


Curbing near driveways adjacent to 824 South 6th Street was painted
08/11/13 red in response to a Code Enforcement Case (127850). The case was
resolved 08/11/13.

SS
SDR-69225 [PRJ-69165]
Staff Report Page Five
April 11, 2017 - Planning Commission Meeting

Most Recent Change of Ownership


01/04/17 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#02011367) was issued for a dirt stockpile at 824
06/24/02 South 6th Street. A final inspection was not approved, and the permit
expired 12/21/02.
A building permit (#02011368) was issued for a nine-foot tall
temporary chain link fence around the perimeter of 824 South 6th
06/24/02
Street. A final inspection was not approved, and the permit expired
12/21/02.
A building permit (#03027341) was issued for a six-foot tall temporary
12/29/03 chain link fence at 824 South 6th Street. A final inspection was not
approved, and the permit expired 06/26/04.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
submittal requirements for a Site Development Plan Review
02/21/17 application. After discussion, it was determined that a waiver for a
non-standard sidewalk along Hoover Avenue would not be needed in
order to maintain the same curb alignment throughout the block.

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

Field Check
03/02/17 The site is undeveloped and enclosed by a temporary chain link fence.

Details of Application Request


Site Area
Net Acres 0.48

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject C-1 (Limited
Undeveloped MXU (Mixed Use)
Property Commercial)

SS
SDR-69225 [PRJ-69165]
Staff Report Page Six
April 11, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Office, Other Than C-1 (Limited
North MXU (Mixed Use)
Listed Commercial)
C-1 (Limited
South Parking Facility MXU (Mixed Use)
Commercial)
Office, Other Than C-1 (Limited
East C (Commercial)
Listed Commercial)
Wedding Chapel C-2 (General
West MXU (Mixed Use)
Banquet Facility Commercial)

Master and Neighborhood Plan Areas Compliance


Downtown Centennial Plan N
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay (Downtown South District) N
Live/Work Overlay District 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 and 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 Size N/A 21,000 SF N/A
Min. Lot Width N/A 140 Feet N/A
Min. Setbacks:
Front 70% of first story faade
100% aligned along
to align along property Y
Hoover Ave
line
Side N/A 0 Feet N/A
Corner 70% of first story faade
100% aligned along
to align along property
6th Street
line, including plazas
Rear N/A 0 Feet N/A

SS
SDR-69225 [PRJ-69165]
Staff Report Page Seven
April 11, 2017 - Planning Commission Meeting

Standard Required/Allowed Provided Compliance


Max. Lot Coverage Limited by setbacks 100 % Y
Max. Building Height N/A 250 Feet N/A
Screened, Gated, w/ a Enclosed trash area
Trash Enclosure Y
Roof or Trellis on ground floor
Enclosed within
Mech. Equipment Y
Screened building footprint

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Hoover Avenue Minor Street Title 13.12 80 Y
6th Street Minor Street Title 13.12 80 Y

Pursuant to the Downtown Centennial Plan, the following standards apply:


Streetscape Standards Required Provided Compliance
10 along Hoover Ave 94 N*
Min. sidewalk width
10 along 6th St 10 Y
5 along Hoover Ave 5 Y
Min. amenity zone width
5 along 6th St 5 Y
Shade trees (36 box)
6 36 box Golden
at 15-20 intervals
North-south streets (minor) Rain trees along 6th Y
along 6th St
St
(6 trees required)
Shade trees(36 box)
7 36 box Golden
at 15-20 intervals
East-west streets Rain trees along Y
along Hoover Ave
Hoover Ave
(7 trees required)
Light fixtures, trash5 tree wells, corner
Right-of-way improvements receptacles, benches, and alley pavement By condition
tree wells markings
Power lines along
Utilities Underground utilities N*
Hoover Ave;
*The site has less than 50 percent block frontage; per the Downtown Centennial Plan
Threshold Document, a Covenant Running With Land Agreement is necessary for future
improvements still needed to meet Downtown Centennial Plan streetscape requirements.

SS
SDR-69225 [PRJ-69165]
Staff Report Page Eight
April 11, 2017 - Planning Commission Meeting

Pursuant to Title 19.08, 19.12 and 19.18, 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
Multi-Family
1.25
Residential
245 units spaces 307
(Studio/1
per unit
BR)
Multi-Family 1.75
Residential 49 units spaces 86
(2 BR) per unit
Multi-Family 2.00
Residential 1 unit spaces 2
(3 BR) per unit
1 space
Guest
295 units per 6 49
spaces
units
1 space
General
2,626 sf per 175 16
Retail Store
sf GFA
1 space
Office, Other
10,008 sf per 300 34
Than Listed
sf GFA
1 space
per 50 sf
4,327 sf
seating +
seating +
1 space
Restaurant 2,884 sf 101
per 200
back of
sf
house
remain-
ing GFA
Library, Art 1 space
Gallery or 4,955 sf per 300 17
Museum sf GFA
TOTAL SPACES REQUIRED 612 180 N*
Regular and Handicap Spaces Required 599 13 174 6 N
Less than
Loading
9,837 sf 10,000 sf 1 0 N*
Spaces
GFA = 1

SS
SDR-69225 [PRJ-69165]
Staff Report Page Nine
April 11, 2017 - Planning Commission Meeting

*Projects located within the Las Vegas Downtown Centennial Plan area are not subject to
the automatic application of parking requirements, including loading standards. However,
the above table should be used to illustrate the requirements of an analogous project in
another location in the City. The applicant has the option of using the Mixed-Use
Development Alternative Parking Requirement found in Table 2 of Title 19.18.030(D). As
illustrated by the table below, fewer spaces are required using the alternative requirement
than with standard Title 19.12 requirements.

Mixed Use Mid- Mid- 7am- 7am- 6pm- 6pm-


Alternative Parking Ratio 7am 7am 6pm 6pm Mid Mid
Office & 1 space per 300 sf
5% 2 100% 34 5% 2
Professional GFA
Retail &
Per base
Personal 0% 0 100% 33 80% 27
requirements above
Services
Per base
Residential 100% 444 55% 245 85% 378
requirements above
1 space per 50 sf
Restaurant seating + 1 space per 50% 51 70% 71 100% 101
200 sf BOH
Hotel 1 space per unit 100% 65% 90%
1 space per 200 SF
Entertainment 0% 70% 100%
GFA
WEEKDAY 497 383 508
Office & 1 space per 300 SF
0% 0 60% 21 10% 4
Professional GFA
Retail &
Per base
Personal 0% 0 100% 33 60% 20
requirements above
Services
Per base
Residential 100% 444 65% 289 75% 333
requirements above
1 space per 50 sf
Restaurant seating + 1 space per 45% 46 70% 71 100% 101
200 sf BOH
Hotel 1 space per unit 100% 65% 80%
1 space per 200 SF
Entertainment 5% 70% 100%
GFA
WEEKEND 490 414 458

SS
SDR-69225 [PRJ-69165]
Staff Report Page Ten
April 11, 2017 - Planning Commission Meeting

Except for handicapped parking, Title 19 parking requirements are not automatically
applied within the boundaries of the Downtown Centennial Plan Overlay District, but are
subject to conditions imposed by the City Council if needed. The applicant is providing
approximately 0.61 spaces per residential unit and no additional spaces for commercial
uses, with the expectation that many commercial patrons and visitors will use modes of
transportation other than automobiles. Metered on-street parking is also available in
this area. Six handicap-accessible parking spaces must be provided to full City
standards, accounting for two percent of the multi-family units. The floor plans indicate
that six spaces will be provided, including two van-accessible spaces as required by
Title 19.18.

Exceptions
Requirement Request Staff Recommendation
Extended, blank,
expressionless walls at the To allow the north building
street level shall be prohibited; elevation to contain only
Denial
architectural details shall be reveals, small recesses and
carried on all sides of the changes in paint color
building

SS
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SDR-69225
SDR-69225 [PRJ-69165] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: AVANTE LV 6TH ST, LLC
NORTHWEST CORNER OF HOOVER AVENUE AND 6TH STREET
03/02/17
SDR-69225 [PRJ-69165] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: AVANTE LV 6TH ST, LLC
NORTHWEST CORNER OF HOOVER AVENUE AND 6TH STREET
03/02/17
SDR-69225 [PRJ-69165] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: AVANTE LV 6TH ST, LLC
NORTHWEST CORNER OF HOOVER AVENUE AND 6TH STREET
03/02/17
SDR-69225 [PRJ-69165] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: AVANTE LV 6TH ST, LLC
NORTHWEST CORNER OF HOOVER AVENUE AND 6TH STREET
03/02/17
SDR-69225 [PRJ-69165] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: AVANTE LV 6TH ST, LLC
NORTHWEST CORNER OF HOOVER AVENUE AND 6TH STREET
03/02/17
SDR-69225 [PRJ-69165] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: AVANTE LV 6TH ST, LLC
NORTHWEST CORNER OF HOOVER AVENUE AND 6TH STREET
03/02/17
SDR-69225 [PRJ-69165] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: AVANTE LV 6TH ST, LLC
NORTHWEST CORNER OF HOOVER AVENUE AND 6TH STREET
03/02/17
SDR-69225 [PRJ-69165] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: AVANTE LV 6TH ST, LLC
NORTHWEST CORNER OF HOOVER AVENUE AND 6TH STREET
03/02/17
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SDR-69225 - REVISED
SDR-69225
CITY OF LAS VEGAS
PLANNING COMMISSION AND CITY COUNCIL
RECOMMENDATIONS / COMMENTS

FROM: CLARK COUNTY DEPARTMENT OF AVIATION

APPLICATION NUMBERS: SDR-69225

PROJECT: AVANTE LOFTS

LOCATION: 139-34-410-199

MEETING DATES: APRIL 11, 2017 PLANNING COMMISSION & MAY


17, 2017, CITY COUNCIL

COMMENTS:

Federal Aviation Regulations (Title 14, Part 77) require that the Federal Aviation Administration
(FAA) be notified before the construction or alteration of any building or structure greater than
200 feet in height ( 77.13(a)(1)) or that will exceed a slope of 100:1 for a distance of 20,000
feet from the nearest point of any airport runway greater than 3,200 feet in length ( 77.13
(a)(2)(i)). Such notification allows the FAA to determine what impact, if any, the proposed
development will have upon navigable airspace, and allows the FAA to determine whether the
development requires obstruction marking or lighting.

The proposed development will exceed the 100:1 notice requirement for McCarran International
Airport (LAS). Therefore, as required by 14 CFR Part 77, the FAA must be notified of the
proposed construction or alteration. The CCDOA requests that the City of Las Vegas impose
the conditions listed below for the project:

Applicant is required to file a valid FAA Form 7460-1, "Notice of Proposed Construction
or Alteration" with the FAA, in accordance with 14 CFR Part 77, or submit to the Clark
County Director of Aviation a Property Owners Shielding Determination Statement
and request written concurrence from the Clark County Department of Aviation;
No Building Permit or other construction permit shall be issued for any structure greater
than 35 feet above the surface of land that, based upon the FAAs 7460 airspace
determination (the outcome of filing the FAA Form 7460-1), would (a) constitute a
hazard to air navigation, (b) would result in an increase to minimum flight altitudes
during any phase of flight (unless approved by the Department of Aviation), or (c) would
otherwise be determined to pose a significant adverse impact on airport or aircraft
operations.
Applicant is advised that FAAs airspace determinations are dependent on petitions by
any interested party and the height that will not present a hazard as determined by the
FAA may change based on these comments.
Applicant is advised that the FAAs airspace determinations include expiration dates and
that the separate airspace determinations will be needed for construction cranes or other
temporary equipment.
Agenda Item No.: 51.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO Consent Discussion

SUBJECT:
TXT-69603 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For possible action on a request to amend LVMC Title 19.12 Permissible Uses
and 19.18 Definitions & Measures to amend Marijuana Establishments (Medical Marijuana
Dispensary, Medical Marijuana Production Facility and Medical Marijuana Cultivation Facility)
to allow dual medical marijuana and marijuana and to provide for other related matters. Staff
has NO RECOMMENDATION.

THIS ITEM WILL BE FORWARDED TO CITY COUNCIL IN ORDINANCE FORM

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


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

RECOMMENDATION:
Staff has NO RECOMMENDATION

BACKUP DOCUMENTATION:
1. Proposed Amendments and Staff Report
TXT-69603

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: APRIL 11, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
TXT-69603 Staff has NO RECOMMENDATION

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED N/A

NOTICES MAILED N/A

PROTESTS 0

APPROVALS 0

PL
TXT-69603
Proposed Amendments Page One
April 11, 2017 - Planning Commission Meeting

** PROPOSED AMENDMENTS **
1. Title 19.12.010 Table 2 (Permitted Uses) is hereby amended by amending the
following entries:

Additional

U
R-E
R-D
R-1
R-SL
R-CL
R-TH
R-2
R-3
R-4
R-MH
P-O
O
C-1
C-2
C-PB
C-M
M
Information

Medical Marijuana
S S page 359
Cultivation Facility
Medical Marijuana
S S S S page 360
Dispensary
Medical Marijuana
S S page 361
Production Facility

2. Title 19.12.070 is hereby amended by amending the title and description for the
Medical Marijuana Cultivation Facility use as follows:

Medical Marijuana Cultivation Facility

Description: An enclosed structure which cultivates, delivers, transfers, transports,


supplies, or sells marijuana to medical marijuana dispensaries or medical marijuana
production facilities. The term includes a cultivation facility, as defined in NRS
453A.056 and marijuana cultivation facility as defined by NRS 453D.030.

Minimum Special Use Permit Requirements:


* 1. Pursuant to its general authority to regulate the cultivation, production,
dispensing, and sale of medical 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
medical marijuana cultivation facilities and certain other uses that should be
protected from the impacts associated with a medical marijuana cultivation
facility. Therefore, except as otherwise provided below, no medical
marijuana cultivation facility may be located within 1000 feet of any school;
or within 300 feet of any individual care center use licensed for more than
12 children, community recreational facility (public), City park, a center or
facility the primary purpose of which is to provide recreational opportunities
or services to children or adolescents [Including, but not limited to
Commercial Recreation/Amusement (Indoor), Commercial
Recreation/Amusement (Outdoor), General Personal Service, Martial Arts
Studio, Museum and/or Teen Dance Center] or church/house of worship.

PL
TXT-69603
Proposed Amendments Page Two
April 11, 2017 - Planning Commission Meeting

* 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 medical marijuana cultivation facility. 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 medical 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;
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 medical
marijuana cultivation facility will be located;
* 4. The use shall conform to, and is subject to, the provisions of LVMC Title 6,
as they presently exist and may be hereafter amended.
* 5. No outside storage shall be permitted, including the use of shipping
containers for on-site storage.
* 6. An air filtration system to be designed by a Nevada licensed engineer shall
be provided prior to the issuance of a certificate of occupancy.
7. 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.
* 8. The Special Use Permit shall be void without further action if the uses
ceases for a period exceeding 90 days.
* 9. 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.

PL
TXT-69603
Proposed Amendments Page Three
April 11, 2017 - Planning Commission Meeting

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

3. Title 19.12.070 is hereby amended by amending the title and description for the
Medical Marijuana Dispensary use as follows:

Medical Marijuana Dispensary

Description: An establishment which acquires, possesses, delivers, transfers,


transports, supplies, sells or dispenses marijuana or related supplies and
educational materials to the holder of a valid registry identification card. The term
includes a medical marijuana dispensary, as defined in NRS 453A.115 and retail
marijuana store as defined by NRS 453D.030.

Minimum Special Use Permit Requirements:


* 1. Pursuant to its general authority to regulate the cultivation, production,
dispensing, and sale of medical 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 medical
marijuana dispensary and certain other uses that should be protected from
the impacts associated with a medical marijuana dispensary. Therefore,
except as otherwise provided below, no medical marijuana dispensary may
be located within 1000 feet of any school; or within 300 feet of any individual
care center use licensed for more than 12 children, community recreational
facility (public), City park, a center or facility the primary purpose of which is to
provide recreational opportunities or services to children or adolescents
[Including, but not limited to Commercial Recreation/Amusement (Indoor),
Commercial Recreation/Amusement (Outdoor), General Personal Service,
Martial Arts Studio, Museum and/or Teen Dance Center] or church/house of
worship.
* 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 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 medical
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 medical marijuana dispensary refers to:

PL
TXT-69603
Proposed Amendments Page Four
April 11, 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 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 medical
marijuana dispensary will be located;
C. All parking spaces required by this Section 19.12.070 for the
medical 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.
* 4. The use shall conform to, and is subject to, the provisions of LVMC Title 6,
as they presently exist and may be hereafter amended.
* 5. No outside storage shall be permitted, including the use of shipping
containers for on-site storage.
* 6. 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.
* 7. No drive-through facilities shall be permitted in conjunction with a medical
marijuana dispensary.
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. The Special Use Permit shall be void without further action if the uses
ceases for a period exceeding 90 days.
* 10. A medical 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.
* 11. Elevations and signage must first be reviewed by the Downtown Design
Review Committee established pursuant to LVMC 19.10.1009D)(1) prior to
any public hearing for a Special Use Permit. The review will be performed in
accordance with the procedures set forth in LVMC 19.10.100(D), as in the
case of reviews
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normally performed by that Committee, but measuring compliance instead with


the substantive standards for elevations and signage pertaining to dispensaries
that are set forth in this Title or that have been established administratively by
the Director.
* 112. No medical marijuana dispensary shall be located on any property which abuts
Fremont Street west of 8th Street.
* 123. No accessory uses unrelated to the education regarding the use of marijuana
are permitted in association with a medical marijuana dispensary.

4. Title 19.12.070 is hereby amended by amending the title and description for the
Medical Marijuana Production Facility use as follows:

Medical 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 medical marijuana dispensaries. The term includes a
facility for the production of edible marijuana products or marijuana-infused
products, as defined in NRS 453A.105 and marijuana product manufacturing
facility as defined by NRS 453D.030.

Minimum Special Use Permit Requirements:

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


dispensing, and sale of medical 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 medical
marijuana production facility and certain other uses that should be protected
from the impacts associated with a medical marijuana production facility.
Therefore, except as otherwise provided below, no medical marijuana
production facility may be located within 1000 feet of any school; or within 300
feet of any individual care center use licensed for more than 12 children,
community recreational facility (public), City park, a center or facility the primary
purpose of which is to provide recreational opportunities or services to children
or adolescents [Including, but not limited to Commercial
Recreation/Amusement (Indoor), Commercial Recreation/Amusement
(Outdoor), General Personal Service, Martial Arts Studio, Museum and/or Teen
Dance Center] or church/house of worship.
* 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 production facility which is
closest to the existing use to which the measurement pertains, and the other

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April 11, 2017 - Planning Commission Meeting

being the property line of that existing use which is closest to the proposed
medical marijuana production facility. 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 medical 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 medical 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 medical marijuana
production facility will be located;
* 4. The use shall conform to, and is subject to, the provisions of LVMC Title 6, as
they presently exist and may be hereafter amended.
* 5. No outside storage shall be permitted, including the use of shipping containers
for on-site storage.
* 6. An air filtration system to be designed by a Nevada licensed engineer shall be
provided prior to the issuance of a certificate of occupancy.
* 7. Distillation or extraction by combustible solvent is prohibited.
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. The Special Use Permit shall be void without further action if the uses ceases
for a period exceeding 90 days.
* 10. A medical 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.

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April 11, 2017 - Planning Commission Meeting

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

5. Title 19.18.020 is hereby amended by amending the term and definition for the
Medical Marijuana Cultivation Facility use as follows:

Medical Marijuana Cultivation Facility. An enclosed structure which cultivates,


delivers, transfers, transports, supplies, or sells marijuana to medical marijuana
dispensaries or medical marijuana production facilities. The term includes a
cultivation facility, as defined in NRS 453.A.056 and marijuana cultivation facility
as defined by NRS 453D.030.

6. Title 19.18.020 020 is hereby amended by amending the term and definition for the
Medical Marijuana Dispensary use as follows:

Medical Marijuana Dispensary. An establishment which acquires, possesses,


delivers, transfers, transports, supplies, sells or dispenses marijuana or related
supplies and educational materials to the holder of a valid registry identification
card. The term includes a medical marijuana dispensary, as defined in NRS
453A.115 and retail marijuana store as defined by NRS 453D.030.

7. Title 19.18.020 020 is hereby amended by amending the term and definition for the
Medical Marijuana Production Facility use as follows:

Medical Marijuana Production Facility. An enclosed structure which acquires,


possesses, manufactures, delivers, transfers, transports, supplies or sells edible
marijuana products or marijuana-infused products to medical marijuana
dispensaries. The term includes a facility for the production of edible marijuana
products or marijuana-infused products, as defined in NRS 453A.105 and
marijuana product manufacturing facility as defined by NRS 453D.030.

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** STAFF REPORT **

PROJECT DESCRIPTION

This is a request to amend Las Vegas Municipal Code (LVMC) Title 19.12.070 and
19.18.020 for the Medical Marijuana Cultivation Facility, Medical Marijuana
Dispensary and Medical Marijuana Production Facility use.

ANALYSIS

Nevada voters approved Question 2 in the general election of 2016. Question 2 took
effect on January 1, 2017. Viewed broadly, Question 2 accomplishes two purposes: (1)
it legalizes the adult recreational use of marijuana; and (2) it creates a regulatory
structure within the Nevada Department of Taxation so that marijuana can be cultivated,
manufactured, distributed, and sold in retail outlets. Question 2 has now been codified
at Nevada Revised Statutes (NRS) Chapter 453D.

The Nevada Department of Taxation is in the process of adopting temporary regulations


allowing currently licensed medical marijuana establishments to obtain marijuana
establishment temporary licenses. The Department of Taxation intends to accept
applications for these temporary licenses after May 31, 2017 so that retail marijuana
establishments can be open by July 1, 2017.

According to the Department of Taxations proposed temporary regulations, an


applicant for a temporary marijuana establishment license must provide an attestation
that the applicant is properly zoned in accordance with local zoning and land use laws.

The City of Las Vegas Title 19 has permissible use categories for Medical Marijuana
Cultivation Facility, Medical Marijuana Dispensary, and Medical Marijuana
Production Facility. Title 19 does not provide land use categories for the retail
marijuana establishments expected to open according to the Department of Taxations
timelines.

This text amendment is a proactive measure to provide permissible use categories for
marijuana establishments that will cultivate, manufacture or produce, or sell
recreational marijuana in accordance with NRS 453D and the Department of
Taxations temporary regulations. Marijuana distributors are not addressed in this
change and will be addressed by a subsequent amendment to the LVMC.

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April 11, 2017 - Planning Commission Meeting

Secondary impacts of this proposed ordinance includes the potential for making existing
marijuana uses legal nonconforming, by way of adopting the States more restrictive
distance separation requirements. The number of entitled or established marijuana
establishments impacted by this proposed ordinance would include the 12 medical
marijuana dispensaries, two cultivation, and two production facilities. As a result, Title
19.14 of the Unified Development Code (UDC) would apply to these sites if indeed a
protected use, as listed by the State exists within the required distance separation.

FINDINGS (TXT-69603)

This amendment will accomplish the following:

Creates one permissible use category for both medical and recreational/retail
marijuana land uses.
Encapsulate the current State regulations on marijuana within the LVMC to the
best of our abilities.
Eliminate the need for an aesthetic review by the Downtown Design Review
Committee (DDRC).

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Agenda Item No.: 52.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: APRIL 11, 2017
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO

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

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