04.14.15 PC Packet Items36-68

Agenda Item No.: 36.
AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: APRIL 14, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
VAR-58121 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: HAND
PROPERTY HOLDING COMPANY - For possible action on a request for a Variance TO
ALLOW 404 PARKING SPACES WHERE 473 SPACES ARE REQUIRED FOR A
PROPOSED 228-UNIT MULTI-FAMILY RESIDENTIAL DEVELOPMENT at 501 North
Lamb Boulevard (APN 140-31-501-021), R-3 (Medium Density Residential) Zone, Ward 3
(Coffin) [PRJ-58035]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 5/20/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
APPROVALS RECEIVED BEFORE:
Planning Commission Mtg.
City Council Meeting
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ58035]
2. Conditions and Staff Report - VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ58035]
3. Supporting Documentation - VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ58035]
4. Photo(s) - VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]
5. Justification Letter - VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]
6. Protest Postcard - VAR-58121 and VAR-58122 [PRJ-58035]
VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]
AGENDA MEMO - PLANNING

PLANNING COMMISSION MEETING DATE: APRIL 14, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: HAND PROPERTY HOLDING
COMPANY
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-58121
VAR-58122
VAR-58123
SDR-58124
RECOMMENDATION
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:
REQUIRED FOR
APPROVAL
DENIAL, if approved subject to

VAR-58121
VAR-58122
VAR-58123
** CONDITIONS **
VAR-58121 CONDITIONS
Planning
1.
Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-58124) shall be required, if approved.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
4.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
5.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
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Conditions Page Two
April 14, 2015 - Planning Commission Meeting
Planning
1.
2.
3.
Safety.
4.
5.
Planning
1.
2.
3.
Safety.
4.
5.
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Conditions Page Three
SDR-58124 CONDITIONS
Planning
1.
Approval of and conformance to the Conditions of Approval for Variances (VAR-58121,

VAR-58122 and VAR-58123) shall be required, if approved.
2.
3.
All development shall be in conformance with the site plan, date stamped 03/17/15,
landscape plan, date stamped 03/19/15 and floor plans and building elevations, date
stamped 02/25/15 & 03/17/15.
4.
A Waiver from Title 19.06.110 is hereby approved, to allow a five-foot wide perimeter
landscape buffer width along the west, north and south perimeters, where a minimum of six
feet is required.
5.
An Exception from Title 19.06.040 is hereby approved, to allow 59 perimeter shade trees,
where 153 are required.
6.
An Exception from Title 19.08.110 is hereby approved, to allow 19 parking lot shade trees,
where 38 are required.
7.
Safety.
8.
9.
The minimum distance between buildings shall be 10 feet.
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.
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Conditions Page Four
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.
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.
13.
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.
14.
All City Code requirements and design standards of all City Departments must be satisfied,
Public Works
15.
In accordance with code requirements of Title 13.56, remove all substandard offsite
improvements and unused driveway cuts, if any, and replace with new improvements
meeting Current City Standards concurrent with development of this site.
16.
Provide a copy of a recorded Joint Access Agreement or Emergency Access easement

between this parcel and Assessor's Parcel Number #140-31-501-017 for the proposed crash
gate on the north side of this site prior to the issuance of any permits.
17.
Contact the City Engineers Office at 702-229-6272 to coordinate the development of this
project with the Cedar Avenue Storm Drain Channel project and any other public
improvement projects adjacent to this site. Comply with the recommendations of the City
Engineer.
18.
Extend the existing median/left turn pocket in Lamb Boulevard to create a right-in right-out
driveway to this site unless left-turn movements are specifically allowed by the City Traffic
Engineer in the approved Traffic Impact Analysis.
19.
Landscape and maintain all unimproved right-of-way adjacent to this site. All landscaping
and private improvements installed with this project shall be situated and maintained so as
to not create sight visibility obstructions for vehicular traffic at all development access
drives and abutting street intersections.
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Conditions Page Five
20.
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.
21.
A Traffic Impact Analysis must be submitted to and approved by the Department of Public
Works prior to the issuance of any building or grading permits, submittal of any
construction drawings or the recordation of a Map subdividing this site, whichever may
occur first. Comply with the recommendations of the approved Traffic Impact Analysis
prior to occupancy of the site. The Traffic Impact Analysis shall also include a section
addressing Standard Drawings #234.1 #234.2 and #234.3 to determine additional right-ofway requirements for bus turnouts adjacent to this site, if any; dedicate all areas
recommended by the approved Traffic Impact Analysis. All additional rights-of-way
required by Standard Drawing #201.1 for exclusive right turn lanes and dual left turn lanes
shall be dedicated prior to or concurrent with the commencement of on-site development
activities unless specifically noted as not required in the approved Traffic Impact Analysis.
Phased compliance will be allowed if recommended by the approved Traffic Impact
Analysis. No recommendation of the approved Traffic Impact Analysis, nor compliance
therewith, shall be deemed to modify or eliminate any condition of approval imposed by
the Planning Commission or the City Council on the development of this site.
22.
A Drainage Plan and Technical Drainage Study must be submitted to and approved by the
Department of Public Works prior to the issuance of any building or grading permits or
submittal of any construction drawings, whichever may occur first. Provide and improve
all drainageways recommended in the approved drainage plan/study. The developer of this
site shall be responsible to construct such neighborhood or local drainage facility
improvements as are recommended by the City of Las Vegas Neighborhood Drainage
Studies and approved Drainage Plan/Study concurrent with development of this site.
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Staff Report Page One
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is proposing a 228-unit multi-family apartment development for low-income
residents on a 12.59 acre site at 501 North Lamb Boulevard. The use is appropriate for the area
and could be designed to meet all City of Las Vegas development requirements. However, the
applicant is choosing not to develop the project to code. This is reflected in the numerous
Variances, Waivers and Exceptions that the applicant is requesting. All of these are self-imposed
hardships and are not necessary for this project to be successfully completed to code. Staff
recommends denial of these applications and of the project as a whole, since the applicant has
the code permitted flexibility to design the project at the proposed density to meet all code
requirements. If denied, no permits would be issued for the project until an approved Site
Development Plan Review was approved.
ISSUES
A Variance is required to allow 404 parking spaces, where 473 spaces are required for a
proposed multi-family residential development. Staff does not support this request.
A Variance is required to allow a seven-foot tall front yard fence, where five feet is the
maximum allowed for a proposed multi-family residential development. Staff does not
support this request.
A Variance is required to allow no wheel stops in the parking lot where such are required
when adjacent to a sidewalk less than seven feet in width. Staff does not support this
request.
A Waiver is required to allow a five-foot wide landscape buffer where six feet is required
along the west, north and south perimeters. Staff does not support this request.
An Exception is required to provide 59 perimeter landscape buffer trees, where 153 are
required. Staff does not support the request.
An Exception is required to provide 19 parking lot landscape trees, where 38 are required.
Staff does not support the request.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Board of Commissioners approved a request for Rezoning (Z-0140-63)
11/20/63
from R-E (Residence Estates) to C-1 (Limited Commercial) on this site.
The City Council approved a Site Development Plan Review [Z-0140-63(1)]
for a proposed 43,055 square-foot office building on this site. The Planning
07/05/00
Commission recommended approval on 05/25/2000. The City Councils
approval expired July 5, 2002.
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Staff Report Page Two

A Minor Site Development Plan Review (SDR-2809) was approved by staff
08/15/03
for two Modular Office Buildings at 501 North Lamb Boulevard.
The property owner was cited by Code Enforcement (Case #94274) for
violation of Condition #1 of Site Development Plan Review (SDR-2809),
09/09/10
which required that a new Site Development Plan Review be submitted after
two years from final date of approval.
The Planning Commission approved a Site Development Plan Review (SDR40119) for two existing 1,400 square-foot modular office buildings with a
12/16/10
waiver to allow a perimeter landscape buffer width of zero feet along a
portion of the north perimeter where eight feet is required on 12.59 acres at
501 North Lamb Boulevard. Staff recommended denial.
The City Council approved a General Plan Amendment (GPA-57254) from
SC (Service Commercial) to M (Medium Density Residential) on 12.59 acres
located at 501 North Lamb Boulevard. The Planning Commission and staff
recommended approval.
02/18/15
The City Council approved a Rezoning (ZON-57255) from C-1 (Limited
Commercial) to R-3 (Medium Density Residential) on 12.59 acres located at
501 North Lamb Boulevard.
The Planning Commission and staff
Most Recent Change of Ownership

10/17/07
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses

cc. 1965
A Union Hall structure was completed.
Pre-Application Meeting
Staff met with the applicant twice in order to work with them to design a
project within City of Las Vegas Code requirements. Staff provided the
02/10/15 &
applicant with design alternatives that would allow the number of units
02/19/15
requested to be developed meeting all code requirements. The applicant is
choosing to voluntarily not comply with code requirements. Staff strongly
encouraged the applicant to reconsider their development strategy.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
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Staff Report Page Three
Field Check
03/05/15
Staff visited the site and found a vacant Union Hall on the site. The property
was clean and secured.
Details of Application Request

Site Area
Net Acres
12.59
Surrounding
Property
Subject Property
North
South
East
West
Existing Land Use

Per Title 19.12
Private Club, Lodge
or Fraternal
Organization
Multi-Family
Residential
School
Church/House of
Worship
Private Club, Lodge
or Fraternal
Organization
Planned or Special
Land Use Designation
Existing Zoning District
SC (Service
Commercial)
C-1 (Limited
Commercial)
M (Medium Density
Residential)
SC (Service
Commercial)
ML (Medium Low
Density Residential)
R-3 (Medium Density

Residential)
C-1 (Limited
Commercial)
R-E (Residence Estates)
SC (Service
Commercial)
C-1 (Limited
Commercial)
Master Plan Areas

No Applicable Master Plan Area
Special Purpose and Overlay Districts
No Applicable Special Purpose or Overlay Districts
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance
Compliance
N/A
Compliance
N/A
Compliance
Y
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to Title 19.06.110, the following standards apply:
Standard
Required/Allowed
Min. Lot Size
6,500 SF
Provided
548,420 SF
Compliance
Y
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Staff Report Page Four
Standard
Min. Setbacks
Front
Side
Corner
Rear
Min. Distance Between
Buildings
Max. Building Height
Trash Enclosure
Mech. Equipment
Required/Allowed
Provided
Compliance
10 Feet
5 Feet
5 Feet
20 Feet
20 Feet
20 Feet
N/A
21 Feet
Y
Y
N/A
Y
10 Feet
55 Feet
Screened, Gated, w/ a
Roof or Trellis
Screened
15 Feet
31 Feet
Roof or Trellis
Screened
Y
Y

Landscaping and Open Space Standards
Required
Standards
Ratio
Trees
Buffer Trees:
North
1 Tree / 20 Linear Feet
62 Trees
South
65 Trees
East
11 Trees
15 Trees
West
TOTAL PERIMETER TREES
153 Trees
1 Tree / 6 Uncovered
Parking Area Trees
Spaces, plus 1 tree at the
38 Trees
end of each row of spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
6 Feet
South
6 Feet
East
15 Feet
6 Feet
West
Wall Height
6 to 8 Feet Adjacent to Residential
*Variance is required for the front yard fence to exceed 5 feet in height.
Y
Y
Provided
Compliance
2 Trees
32 Trees
6 Trees
6 Trees
46 Trees
N
N
N
N
N
32 Trees
5 Feet
6 Feet
20 Feet
6 Feet
7 Feet
N
Y
Y
Y
Y*
Street Name
Functional
Classification of
Street(s)
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Lamb Boulevard
Primary Arterial
Planned Streets and

Highways Map
100
YK

Streetscape
Standards
Required
Provided
Compliance
Three-foot wide amenity zone

Zero-foot wide amenity zone
N*
Five-foot wide sidewalk
Five-foot wide sidewalk
Y
*The applicant is not meeting Complete Street standards for a Primary Arterial Street. However,
the Director of Public Works is authorized to allow for deviations to match existing, adjacent
streetscape standards and has done so in this case.
Title 19.04
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Multi-Family,
Attached 21/1.75 Per
84 Units
147
Bedroom
Unit
Units
Multi-Family,
Attached 3 &
1/2.00 Per
144 Units
288
4 - Bedroom
Unit
Units
1/6 Per
Guest Parking
38
Units
473
404
N
TOTAL SPACES REQUIRED
464
9
393
11
N
Regular and Handicap Spaces Required
Percent Deviation Variance
14.5%
N
Waivers
Requirement
To provide a six-foot wide
landscape perimeter buffer
along the north, west and south
perimeters.
Request
To allow a five-foot wide
landscape buffer where six-foot is
required along the north, west and
south perimeters.
Exceptions
Requirement
To provide a total of 153 perimeter
landscape buffer trees.
To provide 38 parking lot landscape
trees.
Request
To provide 59 perimeter
landscape buffer trees.
To provide 19 parking lot
landscape trees.
Staff Recommendation
Denial
Denial
Denial
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Staff Report Page Six
ANALYSIS
The M (Medium Density Residential) land use designation of the Las Vegas Master Plan allows
for a variety of multi-family units such as plexes, townhouses, and low-density apartments up to
25.49 units per acre. At 18-units per acre, this project falls well within this requirement and the
corresponding R-3 (Medium Density Residential) zoning and is an appropriate density for the
site.
However, this project does not support the City of Las Vegas 2020 Master Plan Neighborhood
Revitalization Goal 2: Mature neighborhoods will be sustained and improved through
appropriate and selective high quality redevelopment and preservation. Specifically, Objective
2.1: To focus residential reinvestment on transitional sites within the central city area at densities
that support mass transit usage; Policy 2.1.2: That development on vacant or underutilized lots
within existing residential neighborhoods be sensitive in use and design to surrounding
development. As well as, Objective 2.2: To ensure that low density residential land uses within
mature neighborhoods can exist in close proximity to higher density residential, mixed-use, or
non-residential land uses by mitigating adverse impacts where feasible; via Policy 2.2.1: That
any higher density or mixed-use redevelopment, which is adjacent to lower density residential
development incorporate appropriate design, transition, or buffering elements, which will
mitigate adverse visual, audible, aesthetic and traffic impacts.
The reduction of the perimeter landscape buffer width and substantially reduced number of trees
and shrubs do not contribute to appropriate design, transition or buffering elements required for
this type of development in a redevelopment area where single-family residential neighborhoods
are nearby. These reductions are reflected in the requested Waiver and Exceptions applied for.
In addition, the Variance requested to allow a seven-foot high fence along the front yard will
contribute to a fort-like environment, as opposed to an inviting residential community
environment, if approved. Staff does not support this request since it is self-imposed and will not
contribute to an appropriate design transition for the area.
The development code allows for an applicant to not install required parking lot wheel stops as
long as a seven-foot wide side walk is provided when adjacent to parking lots. The applicant is
requesting a Variance to not install the parking lot wheel stops. As proposed, request is selfimposed and can create a negative impact within the pedestrian realm, which may result in
Public Safety issues. Staff does not support this request. The seven-foot wide side walk is for
safety purposes to allow for larger vehicles to overhang the sidewalk and still provide adequate
sidewalk width to allow for safe pedestrian travel along the sidewalk without being impeded by
such vehicle overhangs if wheel stops are not provided.
The third Variance requested is to allow for a 14.5 percent reduction in the number of parking
spaces required for a 228-unit multi-family development. The applicants justification is that the
low income residents being targeted with this development cannot afford to own private vehicles
and therefore, the applicant should not need to provide the code required number of parking
spaces. Staff does not concur with this reasoning and does not support this request.
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Staff Report Page Seven
The development offers future residents a 6,900 square-foot recreation building, swimming pool,
small turf area and large dog run to utilize. There is also a multi-use non-equestrian trail
adjacent to the development on the south for residence use. However, the project offers no direct
connective to the trail. Residents will be required to walk out to Lamb Boulevard in order to
access this public recreational amenity. Staff recommended the applicant provide a direct
connection to the trail, but the applicant declined citing security concerns. This paved trail is
fully developed and follows the Las Vegas Wash footprint.
Although the applicant could build up to five-story buildings, they are choosing to keep the
height to three-stories. This is primarily due to the need to install elevators if they go higher than
three-stories. The elevation of the buildings reflects a contemporary stucco aesthetic. The
primary color pallet is Desert Gray, Center Ridge and Sand Dollar for the stucco areas of the
buildings with the fascia being Black Walnut and the doors being Buffalo Herd tints. The roof
will have Newport Sun colored tiles to complete the aesthetic. Six of the ten residential
buildings will have handicap accessible units.
This project was submitted to outside agencies for comment. The Las Vegas Valley Water
District (LVVWD) responded as follows: This parcel is currently served by LVVWD but does
not have the required backflow prevention per NAC 445A.67195. Civil and plumbing plans will
need to be submitted to LVVWD for meter sizing, available fire flow, and installation of
required backflow prevention.
This project is expected to add about 1,596 trips per day on to Lamb Boulevard. Currently,
Lamb Boulevard is at 65 percent of capacity. Completion of this project will raise the capacity
to 68 percent. Based on peak hour use, this project will add about 149 trips or five trips every
two minutes. No adverse traffic impacts are expected with completion of this development.
The site is laid out with one ingress/egress drive aisle directly off of Lamb Boulevard. A 220foot long driveway with seventeen parking spaces divided on either side is provided before a
controlled entry gate for residence is encountered. This allows for adequate stacking at the gate
and for visits to arrive and park without impeding the traffic flow into and out of the
development. A crash gate is located along the north perimeter for a secondary emergency
access use. An emergency cross access agreement is conditioned to be recorded with the
adjacent property owner to the north. Parking is provided evenly throughout the development
off a circular driveway and connecting aisles. A majority of the provided parking spaces are
covered with a little over 12 percent comprising compact parking spaces in size.
Although developing additional housing opportunities for low income residents is a much needed
option in the East Las Vegas community, developing below the minimum code standards is not
appropriate. Staff worked with the applicant by proposing several alternatives to the design that
would allow the development to maintain the density required and to meet all code requirements
without the need for any Variances, Waivers or Exceptions. The applicant thanked staff for the
suggestions, but are choosing to move forward with a development that doesnt meet minimum
code standards. Staff is recommending denial of all applications as the proposed development
fails to meet code requirements that could otherwise be met through alternative site design.
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Staff Report Page Eight
FINDINGS (VAR-58121)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council,
in considering the merits of a Variance request, shall not grant a Variance in order to:
1.
2.
3.
Permit a use in a zoning district in which the use is not allowed;

Vary any minimum spacing requirement between uses;
Relieve a hardship which is solely personal, self-created or financial in nature.
Additionally, Title 19.16.140(L) states:

Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
as to relieve the difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected natural resources
and without substantially impairing the intent and purpose of any ordinance or
resolution.
No evidence of a unique or extraordinary circumstance has been presented, in that the applicant
has created a self-imposed hardship by proposing to provide fewer parking spaces than code
requirements. An alternative is to provide all the required parking spaces that 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.
1.
2.
3.


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Staff Report Page Nine
resolution.
has created a self-imposed hardship by proposing a seven-foot tall front yard fence. An
alternative would be to provide a code allowed five-foot tall fence that 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.
1.
2.
3.


resolution.
has created a self-imposed hardship by not installing required parking lot wheel stops and only
installing a six-foot wide adjacent sidewalk. An alternative would be to provide the seven-foot
sidewalk that 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.
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Staff Report Page Ten
FINDINGS (SDR-58124)
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;
This project is not compatible with adjacent developments or the area as evidenced by the
numerous Variances, Waivers and Exceptions being requested.
2.
The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other dulyadopted city plans, policies and standards;
As proposed, this development doesnt support three of the goals, objectives and policies
(Goal 2, Objective 2:1 and 2.2 and Policy 2.2.1) found in the 2020 Las Vegas Master Plan
Redevelopment Area. The proposed landscaping has been greatly reduced from that of
minimum code requirements, as well as a large reduction in the number of required
parking spaces is being provided.
3.
Site access and circulation do not negatively impact adjacent roadways or

neighborhood traffic;
The expected number of trips generated will be able to be handled with on Lamb
Boulevard with the build-out of this project, if approved.
4.
Building and landscape materials are appropriate for the area and for the City;
The building materials are appropriate for this area and multi-family projects throughout
the City. However, the greatly reduced number of landscape trees and shrubs, and the
reduction of the perimeter landscape buffer widths are not appropriate for the area.
5.
Building elevations, design characteristics and other architectural and aesthetic

features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;
The contemporary aesthetic being presented is harmonious and compatible with the area
and will not create an unsightly or obnoxious appearance.
6.
Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
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Staff Report Page Eleven
The proposed multi-family residential development will be subject to City inspections

during construction of the buildings as well as routine business license inspections to
protect the public health, safety and welfare.
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
32
NOTICES MAILED
433 - VAR-58121 and VAR-58122

433 - VAR-58123 and SDR-58124
APPROVALS
0 - VAR-58121 and VAR-58122

0 - VAR-58123 and SDR-58124
PROTESTS
1 - VAR-58121 and VAR-58122

1 - VAR-58123 and SDR-58124
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777
7
77
b7
7777
777
7
7A74
7
7A77
77 b7
VAR-58121
A7777777777777777777
77777777777*7
77 7
777777
7777777777
777777b777
77777777
7
7
7
7
7
7
7777777
7777

A 1
A
A71A7
VAR-58121, VAR-58122, VAR-58123 and SDR-58124 - REVISED
7A7
777
A7A77
A7A7A7
7A7
bAb7A7
bb774 4 77
AA7bA74 A47
7A74 AA47
A7bA74 AA47
A7bA74 bA747
A7b74 A47
7A7
7A7
7A7
7A7
7A7
7A7
7A7
A777
A77A7A7
b7A7
A7
b7bAA7
AbA7A7
77AAA7
7A7AAA7
AAA774 747
AAA77
A77
A7AbAbA7
7AA74 A47
b7A7
AbAbA774 7bA4 77
A77bbA7
AbA7A7
A7AA74 A4 77
77
A77
77AA7
777AA7
AA7AbA7
bAAA7bA7
b7A7
AbA7A7
77
7A7
7A7
7A7
7A7
7A7
7A7
7A7
7A7
7A7
7Abb7A77b777A77AbbAb7
A77
7b7
b7
Abb7
7AbA7
A7A7b77
7
7
7
7
777
A77
b7A77
7*777
A77
A77
7
7
777
7
777
77
77
bA
b7A7
A7A7
A77
7AA74 747
bAAA774 A7A4 77
A7A7A7
A7bA7
AbA7A7
b7Ab7
7A7
b77
77
Abb77
AbA7b7
b7A7
AbA7A7
A7b7
7AbA77A77b
77A7
bbA
AbA
A
7b7A77A7A
7bA777A
A777A
b77777
7AbA7Abb
A77777777
7A77A77b
7777
77AbA7Abb
77
b87
VAR-58121, VAR-58122, VAR-58123 and SDR-58124
VAR-58121 [PRJ-58035] - VARIANCE RELATED TO VAR-58122, VAR-58123 AND SDR-58124 APPLICANT/OWNER: HAND PROPERTY HOLDING COMPANY
501 NORTH LAMB BOULEVARD
03/05/15

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
VAR-58122 - VARIANCE RELATED TO VAR-58121 - PUBLIC HEARING APPLICANT/OWNER: HAND PROPERTY HOLDING COMPANY - For possible action on a
request for a Variance TO ALLOW A SEVEN-FOOT TALL FRONT YARD FENCE WHERE
FIVE-FOOT IS THE MAXIMUM ALLOWED at 501 North Lamb Boulevard (APN 140-31501-021), R-3 (Medium Density Residential) Zone, Ward 3 (Coffin) [PRJ-58035]. Staff
recommends DENIAL.
RECOMMENDATION:
1. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys

sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAR-58122
7777777A77A
AbA777
A777
7A777777
77 7
777 7
A777
7777 77b
7777
777
b7777
7A777
77777
777
7A7
77
A77
A777b b777*7
77777
7
77
A77777777
77
7777
7
b777
7777
77
7
7A7
7
AbA77A77
b777*7
7
A77777777
7777
777
7
b777
7777
77
7
7
7A7
7
777
A7
77b7477
7
77
A7777777
77
777
7
77
b7
7777
777
7
7A74
7
7A77
77 b7
VAR-58122
A7777777777777777777
77777777777*7
77 7
777777
7777777777
777777b777
77777777
7
7
7
7
7
7
7777777
7777

A 1
A
A71A7

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
VAR-58123 - VARIANCE RELATED TO VAR-58121 AND VAR-58122 - PUBLIC
HEARING - APPLICANT/OWNER: HAND PROPERTY HOLDING COMPANY - For
possible action on a request for a Variance TO ALLOW NO WHEEL STOPS WHERE
REQUIRED ADJACENT TO A SIDEWALK LESS THAN SEVEN FEET WIDE at 501 North
Lamb Boulevard (APN 140-31-501-021), R-3 (Medium Density Residential) Zone, Ward 3
(Coffin) [PRJ-58035]. Staff recommends DENIAL.
RECOMMENDATION:
3. Protest Postcard - VAR-58123 and SDR-58124 [PRJ-58035]

paper use, backup
VAR-58123
7777777A77A
AbA777
A777
7A777777
77 7
777 7
A777
7777 77b
7777
777
b7777
7A777
77777
777
7A7
77
A77
A777b b777*7
77777
7
77
A77777777
77
7777
7
b777
7777
77
7
7A7
7
AbA77A77
b777*7
7
A77777777
7777
777
7
b777
7777
77
7
7
7A7
7
777
A7
77b7477
7
77
A7777777
77
777
7
77
b7
7777
777
7
7A74
7
7A77
77 b7
VAR-58123
A7777777777777777777
77777777777*7
77 7
777777
7777777777
777777b777
77777777
7
7
7
7
7
7
7777777
7777

A 1
A
A71A7

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
SDR-58124 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-58121, VAR58122 AND VAR-58123 - PUBLIC HEARING - APPLICANT/OWNER: HAND PROPERTY
HOLDING COMPANY - For possible action on a request for a Site Development Plan Review
FOR A PROPOSED 228-UNIT MULTI-FAMILY RESIDENTIAL DEVELOPMENT WITH A
WAIVER TO ALLOW A FIVE-FOOT WIDE LANDSCAPE BUFFER WHERE SIX FEET IS
REQUIRED ALONG THE WEST, NORTH AND SOUTH PERIMETERS on 12.65 acres at
501 North Lamb Boulevard (APN 140-31-501-021), R-3 (Medium Density Residential) Zone,
Ward 3 (Coffin) [PRJ-58035]. Staff recommends DENIAL.
RECOMMENDATION:

paper use, backup
SDR-58124
7777777A77A
AbA777
A777777
7A777777
77 7
777 7
A777
7777 77b
7777
777
b7777
7A777
77777
777
7A7
77
A77
A777b b777*7
77777
7
77
A77777777
77
7777
7
b777
7777
77
7
7A7
7
AbA77A77
b777*7
7
A77777777
7777
777
7
b777
7777
77
7
7
7A7
7
777
A7
77b7577
7
77
A7777777
77
777
7
77
b7
7777
777
7
7A75
7
7A77
77 b7 SDR-58124
A7777777777777777777
77777777777*7
77 7
777777
7777777777
777777b777
77777777
7
7
7
7
7
7
7777777
7777

A 1
A
A71A7
SDR 58124
Hand Property Holding Company
501 N. Lamb Boulevard

Proposed 240 unit multi-family development.
Traffic produced by proposed development:
Proposed Use
DESCRIPTION
#UNIT
Average Daily Traffic (ADT)

AM Peak Hour
6.65
APARTMENT [DWELL]
PM Peak Hour
240
0.51
0.62
Existing traffic on all nearby streets:

Lamb Boulevard
PM Peak Hour (heaviest 60 minutes)
33,588
2,687
Bonanza Road
21,675
1,734
Stewart Avenue
18,425
1,474
Lamb Boulevard
Bonanza Road
Stewart Avenue
RATE/#
UNIT
TOTAL
1,596
122
149
Adjacent Street ADT Capacity

51,800
51,800
34,500
This project is expected to add about 1,596 trips per day on Lamb Blvd., Bonanza Rd. & Stewart Ave. Currently, Lamb is
at about 65 percent of capacity, Bonanza is at about 42 percent of capacity and Stewart is at about 53 percent of capacity.
With this project, Lamb is expected to be at about 68 percent of capacity, Bonanza to be at about 45 percent of capacity
and Stewart to be at about 58 percent of capacity.
Based on Peak Hour use, this project will add about 149 trips in the peak hour, or about five every two minutes.
Note that this report assumes all traffic from this development uses all named streets.

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
VAR-58024 - VARIANCE - PUBLIC HEARING - APPLICANT/ OWNER: RYLAND
HOMES NEVADA, LLC - For possible action on a request for a Variance TO ALLOW A 9.5FOOT REAR YARD SETBACK WHERE 15 FEET IS REQUIRED on 0.07 acres at 7856
Pyramid Peak Street (APN 126-13-113-010), PD (Planned Development) Zone [ML (Medium
Low Density Residential) Cliff''s Edge Special Land Use Designation], Ward 6 (Ross) [PRJ57818]. Staff recommends DENIAL.
RECOMMENDATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - VAR-58024, VAR-58025, VAR-58026, VAR-58027, VAR58028, VAR-58029, VAR-58030, VAR-58031, VAR-58032, VAR-58033 and VAR-58034
[PRJ-57818]
3. Supporting Documentation - VAR-58024, VAR-58025, VAR-58026, VAR-58027, VAR58028, VAR-58029, VAR-58030, VAR-58031, VAR-58032, VAR-58033 and VAR-58034
[PRJ-57818]
4. Photo(s) - VAR-58024, VAR-58025, VAR-58026, VAR-58027, VAR-58028, VAR-58029,
VAR-58030, VAR-58031, VAR-58032, VAR-58033 and VAR-58034 [PRJ-57818]
5. Justification Letter - VAR-58024, VAR-58025, VAR-58026, VAR-58027, VAR-58028,
VAR-58029, VAR-58030, VAR-58031, VAR-58032, VAR-58033 and VAR-58034 [PRJ-57818]
6. Approval Letter from Cliff's Design Review Committee - VAR-58024, VAR-58025, VAR58026, VAR-58027, VAR-58028, VAR-58029, VAR-58030, VAR-58031, VAR-58032, VAR58033 and VAR-58034 [PRJ-57818]
VAR-58024, VAR-58025, VAR-58026, VAR-58027, VAR-58028, VAR-58029, VAR-58030,

VAR-58031, VAR-58032, VAR-58033 and VAR-58034 [PRJ-57818]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/ OWNER: RYLAND HOMES NEVADA, LLC
CASE
NUMBER
VAR-58024
VAR-58025
VAR-58026
VAR-58027
VAR-58028
VAR-58029
VAR-58030
VAR-58031
VAR-58032
VAR-58033
VAR-58034
RECOMMENDATION
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:
REQUIRED FOR
APPROVAL
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
MR

Conditions Page One
** CONDITIONS **
Planning
1.
Conformance to the approved conditions of approval for Tentative Map (TMP-4706).
2.
3.
Safety.
4.
5.
Planning
1.
2.
3.
Safety.
4.
5.
MR

Conditions Page Two
Planning
1.
2.
3.
Safety.
4.
5.
Planning
1.
2.
3.
Safety.
4.
5.
MR

Planning
1.
2.
3.
Safety.
4.
5.
Planning
1.
2.
3.
Safety.
4.
5.
MR

Planning
1.
2.
3.
Safety.
4.
5.
Planning
1.
2.
3.
Safety.
4.
5.
MR

Planning
1.
2.
3.
Safety.
4.
5.
Planning
1.
2.
3.
Safety.
4.
5.
MR

Conditions Page Six
Planning
1.
2.
3.
Safety.
4.
5.
MR

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Variance to allow a 9.5-foot rear yard setback where 15 feet is required for
11 lots within an existing single-family residential development. The site is located within a PD
(Planned Development) zoning district in the ML (Medium Low Density Residential) Cliff's
Edge Special Land Use designation. All 11 lots are within the Northern Terrace at Providence
Unit 4 subdivision. The original lot configurations were approved in 2004. The applicant wants
to provide home buyers the option to purchase larger homes than the lots were originally
designed to accommodate. One of the four model homes offered for sale within this development
fails to meet the minimum rear yard setback. Substantial evidence has not been presented to
warrant the requested variances. As such, the hardship is self-imposed and therefore, staff
recommends denial of all 11 Variance requests. If denied, all proposed structures will have to
meet current setback requirements or no building permits will be issued.
ISSUES
A 9.5-foot rear yard setback Variance is required for all 11-lots of an approved singlefamily residential subdivision. Staff does not support this request.
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved an Annexation (A-0035-02) request of 1,187 acres
of land generally located between Grand Teton Drive to the north, Hualapai to
02/05/03
the east, Puli Road to the west and Centennial Hills Parkway and the 215
Beltway to the south with an effective date of 02/14/03.
The City Council approved a request for a Rezoning (ZON-2184) from U
(Undeveloped) [PCD (Planned Community Development) General Plan
02/18/04
Designation] to PD (Planned Development) on 704 acres generally located
adjacent to the south side of Grand Teton Drive between Hualapai Way and
Puli Road. Planning Commission and staff recommended approval.
The Planning Commission approved a Tentative Map (TMP-4706) request for
a 930-lot single-family residential subdivision on 148 acres adjacent to the
09/23/04
northeast corner of Shaumber Road and Farm Road. Staff recommended
approval.
MR


A Final Map (FMP-9610) was recorded for a 134-lot single-family residential
07/26/05
subdivision on 15.05 acres adjacent to the east side of Shaumber Road and
north of Farm Road.
The Planning Commission approved a Variance (VAR-32152) request to
allow a patio cover setback of five-foot where 10 feet is required on 85 lots
01/08/09
within the Northern Terrace single-family subdivision. All 11 lots were part
of that request. Staff recommended denial.

09/12/14

Civil Improvement Plans (#9684) were approved for 48-lots of a 930-lot
05/31/06
single-family residential subdivision. All 11-lots were included in this plan.
The project was completed on 09/02/09.
A pre-application meeting was held with the applicants designated
02/03/15
representative to discuss the submittal requirements for 11 rear yard setback
Variances.
A neighborhood meeting is not required for this type of request, nor was one held.
Field Check
03/05/15
A field inspection was conducted on the subject site is a mix of single-family

residential homes and dirt residential pads.

Site Area
Net Acres
0.77
MR

Surrounding
Property
Existing Land Use

Per Title 19.12
Subject Property
Undeveloped
North
Undeveloped
South
Single-Family,
Detached
East
Undeveloped
West
Undeveloped
Planned or Special
ML (Medium Low
ML (Medium Low
ML (Medium Low
ML (Medium Low
ML (Medium Low

PD (Planned
Development)
PD (Planned
Development)
PD (Planned
Development)
PD (Planned
Development)
PD (Planned
Development)
Master Plan Areas

Cliffs Edge
PD (Planned Development) District
Trails
Compliance
N
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
Pursuant to Cliffs Edge Development Plan and Design Guidelines, the following standards
apply:
Standard
Required/Allowed
Provided
Compliance
Min. Setbacks
Rear (interior lots)
15 feet, except 10 feet for up to

50% of product width
9.5 Feet
ANALYSIS
Per the applicants justification letter, four home models will be offered for sale in this subdivision;
however, 11-lots fail to accommodate one of the four models offered for sale. The applicant is
MR

proposing to offer home buyer the option to buy a two-story residential dwelling (approximately
2,311 square feet) 6.5 feet inside the required rear setback of 15 feet. All 11 Variance
applications are for interior regular shaped lots. The proposed model home is bigger than the lots
were designed to accommodate, and as such cannot be constructed in a manner that is
harmonious with the sounding area.
Pursuant to Cliffs Edge Master Development Plan and Design Guidelines Section 9.2, The Master
Developer has the sole responsibility to enforce the Design Guidelines for Low Density
Residential, Medium Low Density Residential and Residential Small Lot developments. The
Master Developer shall review those developments and report to the City of Las Vegas prior to
the City processing any building permit or subdivision map applications. The Master Developer
was notified of the requested setback deviation, and a Master Developer approval letter for the
reduced setback was received.
The Cliffs Edge Master Development Plan and Design Guidelines Section 3.2.5 (for Medium Low
and Low Density Residential) set the rear setback for an interior lot to be 15 feet, except that a
setback of 10 feet is allowed for up to 50 percent of the product width. All of the lots are not unique
in shape or size and they do not have exceptional topographic conditions or other extraordinary
and exceptional situation. This proposed housing model fails to meet the minimum setback
requirement; therefore, staff recommends denial. If denied, all proposed structures will have to
meet current setback requirements or no building permits will be issued.
1.
2.
3.


resolution.
MR

Staff Report Page Five
The lot is not unique in shape and no evidence of a rare or extraordinary circumstance has been
presented, in that the applicant has created a self-imposed hardship by proposing to construct a
residential dwelling that is bigger than the lot was designed to accommodate. Alternatively the
applicant can offer for sale the three smaller approved residential models or propose additional
home models that are conformance to the Cliffs Edge Master Development Plan and Design
Guidelines 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.
1.
2.
3.


resolution.
MR

1.
2.
3.


resolution.
1.
2.
3.


MR

resolution.
1.
2.
3.


resolution.
MR

1.
2.
3.


resolution.
1.
2.
3.


MR

resolution.
1.
2.
3.


resolution.
MR

1.
2.
3.


resolution.
1.
2.
3.

MR


resolution.
1.
2.
3.


resolution.
MR

Staff Report Page Twelve
NOTICES MAILED
611
APPROVALS
PROTESTS
24
MR
VAR-58024
VAR-58024
VAR-58024, VAR-58025, AR-58026, VAR-58027, VAR-58028, VAR-58029,

VAR-58030, VAR-58031, VAR-58032, VAR-58033, VAR-58034 - REVISED
VAR-58024, VAR-58025, AR-58026, VAR-58027, VAR-58028, VAR-58029,

VAR-58030, VAR-58031, VAR-58032, VAR-58033, VAR-58034 - REVISED

VAR-58031, VAR-58032, VAR-58033 and VAR-58034







VAR-58024 [PRJ-57818] - VARIANCE - APPLICANT/ OWNER: RYLAND HOMES NEVADA, LLC

7856 PYRAMID PEAK STREET
03/05/15

03/05/15

03/05/15

03/05/15
7
7
7
7
7
7
7
7
7
7
77
7 7 7
7
7 7 7
7
7
7
7
7#

7 7 7 7
b 777
7
7 7 7
7 7 77
777 7 7 7 77
7
A 77 7 7 7 7 7 7 7 7 77 7
7
7
7 77 7 7 777 77 77 7 7
7 777 77 77 7 7 7 777
7b 7 77 7 77 7 7 77 7777
77A 7 7 7 7 7 7 7 7 7 77 7
77 7 7777 7 77 7 7b 77
7
7
7 77 77 77 7 777<7 7 7 7 7
7 777 7
7 7 77 77 7 7 77 7 7< 7777
77
7
7
7
7
7
7
7
7
7
7
7
<7 7
7 7 7
7 7 7
7 7 7
7 7 7
7 7 7
7 7 7
7 7 7
7 7 7
7 7 7
7 7 7
7 7 7
A 77 7
7
7
7
7
7
7
7
7
7
7
7
7
A
7 7<7
7 7<7
7 7<7<7
7 7<7
7 7<7
7 7<7
7 7<7
7 7<7
7 7<7
7 7<7
7 7<7 7
7 7 77 7 7<7 7 77 77
7

7 7 777 7 77 777 7 7<7

77
< 7

7
77 77 777 77 7 77 7 7
7 7
777<77 77 7 77 77 7 7<77
7
7 77
7 77 7

VAR-58031, VAR-58032, VAR-58032, VAR-58033 and VAR-58034 - REVISED
77
77
7
7 <7 7 7 77 7 7 7 7 7 7 77 7
77 7 7 7 7 7 7 77 77
7
7
7
7
7
7
7
7
7
7
7A
7
7
7
7
7
7
7
7
7
7
7
7
7A
7 7 7b

b77b
7b7777
7777
7 7
,7 7
77
7
7
777
7
7777
777777777777777777
7
7 b7 7 7 b7 b7 7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 A7 7 7
773777777773777777777
73777b7777
b7
b7777b
777
VAR-58024, VAR-58025, VAR-58026, VAR-58027, VAR-58028, VAR-58029,


DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
Pyramid Peak Street (APN 126-13-113-011), PD (Planned Development) Zone [ML (Medium
RECOMMENDATION:

paper use, backup
VAR-58025
VAR-58025

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
HOMES NEVADA, LLC - For possible action on a request for a Variance TO ALLOW A 9.5FOOT REAR YARD SETBACK WHERE 15 FEET IS REQUIRED on 0.07 acres at 7853 Blue
Lake Peak Street (APN 126-13-113-020), PD (Planned Development) Zone [ML (Medium Low
Density Residential) Cliff''s Edge Special Land Use Designation], Ward 6 (Ross) [PRJ-57818].
Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON
RECOMMENDATION:

paper use, backup
VAR-58026
VAR-58026

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
Forum Peak Lane (APN 126-13-113-063), PD (Planned Development) Zone [ML (Medium Low
RECOMMENDATION:

paper use, backup
VAR-58027
VAR-58027

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
RECOMMENDATION:

paper use, backup
VAR-58028
VAR-58028

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
RECOMMENDATION:

paper use, backup
VAR-58029
VAR-58029

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
RECOMMENDATION:

paper use, backup
VAR-58030
VAR-58030

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
RECOMMENDATION:

paper use, backup
VAR-58031
VAR-58031

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
VAR-58032- VARIANCE - PUBLIC HEARING - APPLICANT/ OWNER: RYLAND HOMES
NEVADA, LLC - For possible action on a request for a Variance TO ALLOW A 9.5-FOOT
REAR YARD SETBACK WHERE 15 FEET IS REQUIRED on 0.07 acres at 10621 Forum
Peak Lane (APN 126-13-113-076), PD (Planned Development) Zone [ML (Medium Low
RECOMMENDATION:

paper use, backup
VAR-58032
VAR-58032

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
RECOMMENDATION:

paper use, backup
VAR-58033
VAR-58033

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
Kennedy Peak Lane (APN 126-13-113-094), PD (Planned Development) Zone [ML (Medium
RECOMMENDATION:

paper use, backup
VAR-58034
VAR-58034

PLANNING COMMISSION MEETING OF: MARCH 10, 2015
DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
VAR-57690 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: ZARBOD
ZANGANEH - For possible action on a request for a Variance TO ALLOW A ZERO-FOOT
SIDE YARD SETBACK WHERE 15 FEET IS REQUIRED AND A ZERO-FOOT DISTANCE
SEPARATION FROM THE MAIN DWELLING WHERE SIX FEET IS REQUIRED FOR AN
EXISTING ACCESSORY STRUCTURE (CLASS II) [SHED I]; AND A ZERO-FOOT SIDE
YARD SETBACK FOR AN EXISTING CARPORT WHERE 15 FEET IS REQUIRED; A
ZERO-FOOT SIDE YARD SETBACK FOR AN EXISTING ACCESSORY STRUCTURE
(CLASS II) [SHED II] AND AN EIGHT-FOOT SIDE YARD SETBACK FOR AN EXISTING
ACCESSORY STRUCTURE (CLASS II) [SHED III] WHERE TEN FEET IS REQUIRED at
520 Campbell Drive (APN 139-32-311-015), R-E (Residence Estates) Zone, Ward 1 (Tarkanian)
[PRJ-57148]. Staff recommends DENIAL.
RECOMMENDATION:
2. Conditions and Staff Report
4. Photo(s)
5. Justification Letter
VAR-57690 [PRJ-57148]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: ZARBOD ZANGANEH
CASE
NUMBER
VAR-57690
RECOMMENDATION
REQUIRED FOR
APPROVAL
Staff recommends DENIAL, if approved subject to

conditions:
** CONDITIONS **
Planning
1.
2.
The applicant shall remove the wrought iron fencing that encloses the north elevation of the
existing carport.
3.
Safety.
4.
5.
GK
VAR-57690 [PRJ-57148]
** STAFF REPORT **
PROJECT DESCRIPTION
The 0.54-acre subject site consists of an existing 3,685 square-foot single-family residence at
520 Campbell Drive. The applicant is requesting a Variance to allow an existing Accessory
Structure (Class II) to encroach into the side yard setback and be located zero feet from the main
dwelling unit where six feet is the minimum distance separation required. In addition, the
applicant is requesting to allow an existing carport and two additional Accessory Structures
(Class II) to encroach into the side yard setback. The request is the result of a code enforcement
citation (#145210) for three illegal storage sheds and carport. The proposed Variance is selfimposed and does not meet the minimum standards for the zoning district; therefore, staff
recommends denial. If the application is denied, the existing structures will have to be removed
or altered to meet the minimum R-E (Residence Estates) Zoning District standards.
ISSUES
A Variance is required to allow an existing carport to be zero feet from the side property
line where fifteen feet is required.
A Variance is required to allow an existing Accessory Structure (Class II), delineated as
A on the submitted site plan, to be zero feet from the north property line where ten feet
is the minimum required and zero feet from the main dwelling unit where six feet is the
minimum required.
B on the submitted site plan, to be zero feet from the north side property line where ten
feet is the minimum required.
C on the submitted site plan, to be eight feet from the south side property line where
ten feet is the minimum required.
The City Council approved a General Plan Amendment (GPA-0047-01) to
amend portions of the Southeast Sector map of the General Plan in the general
vicinity of the Charleston Boulevard/Rancho Drive intersection from SC
(Service Commercial) to O (Office), from R (Rural Density Residential), L
06/19/02
(Low Density Residential) and O (Office) to DR (Desert Rural Density
Residential) in accordance with the recommendations of the Rancho
Charleston Land Use Study and Strategic Plan. The Planning Commission
was unable to obtain a supermajority vote. Staff recommended approval.
GK
VAR-57690 [PRJ-57148]

A code enforcement citation (#145210) was issued for an illegal carport and
09/03/14
storage sheds at 520 Campbell Drive. The citation remains unresolved.

06/30/14

c. 1974
The existing 3,685 square-foot single-family residence was constructed.
A pre-application meeting was held with the applicant and the submittal
10/28/14
requirements for a Variance to allow a carport and three Accessory Structures
(Class II) within the side yard setback area were discussed with the applicant.
A neighborhood meeting is not required for this application, nor was one held.
Field Check
01/29/15
03/24/15
Staff conducted a routine field check of the subject property and noted a
residential property with a carport in the driveway, an Accessory Structure
(Class II) that extended to the concrete block wall and a second Accessory
Structure (Class II) that was located within the ten-foot side yard setback.
Staff conducted a second field check to ensure the submitted site plan
accurately reflected the site conditions. Staff noted an additional Accessory
Structure (Class II) adjacent to the existing carport.

Site Area
Gross Acres
0.54
Surrounding
Property
Subject Property
Existing Land Use

Per Title 19.12
Single-Family
Residential
Planned or Special
DR (Desert Rural

GK
VAR-57690 [PRJ-57148]
Surrounding
Property
North
South
East
West
Existing Land Use

Per Title 19.12
Single-Family
Residential
Single-Family
Residential
Single-Family
Residential
Single-Family
Residential
Planned or Special
DR (Desert Rural
DR (Desert Rural
DR (Desert Rural
DR (Desert Rural

R-A (Ranch Acres)
Master Plan Areas

A-O (Airport Overlay) District 175 Feet
Trails
Compliance
N/A
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
Pursuant to Title 19.06, the following standards apply:
Standard
Required/Allowed
Carport Min. Setbacks
Front
50 Feet
15 Feet
North Side
Accessory Structure A Min. Setbacks
10 Feet
North Side
6 Feet
Distance to Main Dwelling Unit
Provided
Compliance
52 Feet
0 Feet
Y
N
0 Feet
0 Feet
N
N
Accessory Structure B Min. Setbacks

North Side
Rear
10 Feet
10 Feet
0 Feet
33 Feet
N
Y
Accessory Structure C Min. Setbacks

South Side
Rear
10 Feet
10 Feet
8 Feet
58 Feet
N
Y
GK
VAR-57690 [PRJ-57148]
Street Name
Functional
Classification of
Street(s)
Campbell Drive
Collector Street
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Master Plan of Streets

and Highways
60
ANALYSIS
The 0.54-acre subject site consists of an existing 3,685 square-foot single-family residence at
520 Campbell Drive. This property is located within the A-O (Airport Overlay) District and is in
compliance with the standards of the district. There are four instances on the site that require a
Variance from the R-E (Residence Estates) zoning district setback standards. The request is the
result of a code enforcement citation (#145210) for three illegal storage sheds and a carport.
The existing carport structure, delineated as A on the submitted site plan, date stamped
01/22/15, is located zero feet from the north property line where 15 feet is the minimum setback
required. In addition, the existing carport contains a wrought iron fence that encloses the north
elevation. According to Title 19.06.060, perimeter wall heights cannot exceed 8 feet in height. A
condition of approval has been added requiring the removal of the wrought iron fence enclosing
the car port. In lieu of removal, the applicant must submit for a Variance to keep the wrought
iron fence.
The subject site contains two Accessory Structures (Class II) in the rear yard that do not adhere
to the minimum requirements as outlined by Title 19.06.060. Specifically, the first Accessory
Structure (Class II), delineated as B on the site plan, is located zero feet from the north
property line where ten feet is required. The second Accessory Structure (Class II), delineated as
C on the site plan is located eight feet from the south property line where ten feet is required.
In addition, there is a third Accessory Structure (Class II) that is not illustrated on the submitted
site plan. Staff conducted a field check on 03/24/15 and noted the illegal accessory structure to
be zero feet from the main dwelling unit where six feet is required and zero feet from the side
yard setback where ten feet is required. The photographs, date stamped 03/24/15, illustrate the
illegal third Accessory Structure (Class II). The submitted site plan delineates this accessory
structure as part of the carport, marked as A, which is not accurate. The site plan should
illustrate exhibit A as both a carport and Accessory Structure (Class II).
According to the submitted justification letter, the applicant purchased the house in 2014 and was
unaware of the illegal structures on the subject site at the time of purchase. The applicant has
inherited the problems of the previous owner and is seeking the Variance approval to alleviate
outstanding code enforcement citations. The intent of the R-E (Residence Estates) zoning district is
to provide for low density residential units located on large lots and conveying a rural environment.
GK
VAR-57690 [PRJ-57148]
The proposed setback Variances are inconsistent with the rural environment characteristics found
within R-E communities. In addition, the requests are self-imposed hardships; therefore, staff
recommends denial.
1.
2.
3.


resolution.
has created a self-imposed hardship by constructing structures that do not meet the R-E
(Residence Estates) Zoning District standards. Removal or modification to the structures 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.
NOTICES MAILED
119
APPROVALS
PROTESTS
23
GK
VAR-57690
PRJ-57148
01/22/15
VAR-57690
PRJ-57148
01/22/15
PRJ-57148
01/22/15
VAR-57690
VAR-57690
PRJ-57148
01/22/15
VAR-57690
PRJ-57148
01/22/15
VAR-57690
PRJ-57148
01/22/15
VAR-57690 [PRJ-57148] - VARIANCE - APPLICANT/OWNER: ZARBOD ZANGANEH

520 CAMPBELL DRIVE
03/05/15

520 CAMPBELL DRIVE
03/05/15

520 CAMPBELL DRIVE
03/05/15

520 CAMPBELL DRIVE
03/05/15

520 CAMPBELL DRIVE
03/05/15
Justification Letter
To whom it may concern,
In May of year I purchased a home which dates back to the 1970's in the Las Vegas
historical district. I've looked for homes in this neighborhood and I've saved money for
years in order to get a home that I truly loved. I finally found it at 520 Campbell. The
home has been recently renovated and it was offered turnkey, the previous owner made
all the cosmetic renovations and prior to that the home had been remodeled and
extended in the 80's and again in the 90's from what I have learned. All the work
appears to have been done with permits and the proper approvals.
After purchasing the home, the property passed all home inspections and I moved in. A
few weeks later I was notified by city officials about one neighbor had complained
about the existing carport. I was told I would need a special variance for a carport that
has been there since 1998 or earlier because it doesn't have a proper setback. The
carport was never an issue for next door neighbor during the time the two previous
Owners of 520 Campbell Drive owned the house and they had the same neighbor.
Tearing the carport down will cost me a significant amount of money since the
roof/roofline is the same and it will give the house a different look than the look its had
for the past 18 plus years.
I purchased the home knowing it's older and therefore it was lacking garage space, the
carport is an important part of the home for me and I would very much like to keep it as
is. The carport matches the roofline of the house, it is painted the same color as the
house and it has the same trim and tile as the rest of the home. I believe it is a beautiful
carport which I use often and has passed inspections for quality.
Without this carport my car will be in the sun and on the public street the majority of the
time. I would ask you to please consider the variance requested as it is very important
to me and it is a part of my home which I use every day.
Thank you for your time and attention,
Zar Zanganeh
01.19.2015
VAR-57690
PRJ-57148
01/22/15

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
VAR-58157 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: LEVY-WOLF
FAMILY TRUST - For possible action on a request for a Variance TO ALLOW A 42-FOOT
FRONT YARD SETBACK WHERE 50 FEET IS REQUIRED FOR A PROPOSED ADDITION
TO A RESIDENCE at 2045 South Tenaya Way (APN 163-03-306-007), R-E (Residence
Estates) Zone, Ward 1 (Tarkanian) [PRJ-58018]. Staff recommends DENIAL.
RECOMMENDATION:
4. Photo(s)
VAR-58157 [PRJ-58018]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: LEVY-WOLF FAMILY TRUST
CASE
NUMBER
VAR-58157
RECOMMENDATION
REQUIRED FOR
APPROVAL

conditions:
** CONDITIONS **
Planning
1.
2.
compliance with Title 19 and all codes as required by the Department of Building and Safety.
3.
A front yard setback is hereby approved at 42 feet.
4.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted for
building permit.
5.
YK
VAR-58157 [PRJ-58018]
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting a Variance to allow a 42-foot front yard setback for a room addition,
where 50-foot is the required setback for an R-E (Residence Estates) zoned property at 2045
South Tenaya Way. This property has an existing Variance to allow for a 4-foot side yard
setback for a carport, where 10 feet is required. This is a self-imposed hardship and therefore,
does not meet the requirements for approval. There is no unique shape or conditions on the
parcel that warrants an approval. Approval would contribute to the over building of this parcel.
Staff recommends denial. If denied, any addition would have to adhere to existing code required
setbacks.
ISSUES
A Variance is required to allow a front yard setback of 42 feet, where the minimum
allowed is 50 feet for an R-E (Residence Estates) zoned property. Staff does not support
the request.
The Board of Zoning Adjustment approved a Variance (V-0026-91) to allow
03/28/91
a four-foot side yard setback for a carport, where 10 feet is the minimum
required at 2045 South Tenaya Way. Staff recommended denial.
02/01/08
A building permit (#278130) for a room addition was applied for at 2045
01/22/15
South Tenaya Way. The permit is on hold pending result of front yard
setback Variance request.
Staff met with the applicant and reviewed the request for a front yard
Variance. The applicant was informed that this property already has a
02/19/15
Variance for a side yard setback and that the request would further
overdevelop this property. In addition, the hardship is self-imposed.
YK
VAR-58157 [PRJ-58018]
Staff Report Page tWO
Field Check
03/05/15
Staff visited the site and found a single-family, detached residence. The
property was maintained and free of trash and debris. The carport with a
previously approved Variance for a four-foot side yard setback is still present.

Site Area
Net Acres
.45
Surrounding
Property
Subject Property
North
South
East
West
Existing Land Use

Per Title 19.12
Single Family,
Detached
Single Family,
Detached
Single Family,
Detached
Single Family,
Detached
Single Family,
Detached
Planned or Special
DR (Desert Rural
DR (Desert Rural
DR (Desert Rural
DR (Desert Rural
DR (Desert Rural

Master Plan Areas

Rural Preservation Overlay District
Trails
Compliance
N/A
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
YK
VAR-58157 [PRJ-58018]
Staff Report Page tHREE
Standard
Required/Allowed
Min. Lot Size
20,000 SF
Min. Lot Width
100 Feet
Min. Setbacks
Front
50 Feet
Side
10 Feet
Corner
15 Feet
Rear
35 Feet
Min. Distance Between Buildings
6 Feet
35 Feet
Screened, Gated, w/
Trash Enclosure
a Roof or Trellis
Mech. Equipment
Screened
*Approved Variance (V-0026-91)
Street Name
Tenaya Way
Functional
Classification of
Street(s)
Secondary
Collector
Provided
20,000 SF
105 Feet
Compliance
Y
Y
42 Feet
4 Feet
N/A
56 Feet
26 Feet
12 Feet
N
Y*
N/A
Y
Y
Y
N/A
N/A
Screened
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Planned Streets and

Highways Map
80
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Single Family,
1 Unit
2
2
Detached
2
3
Y
2
0
3
0
Y
ANALYSIS
The applicant is requesting a Variance to allow a 42-foot front yard setback for a room addition,
where a 50-foot setback is required for an R-E (Residence Estates) zoned property. This
property has a previously approved Variance to allow a four-foot side yard setback, where 10
YK
VAR-58157 [PRJ-58018]
feet is required for a side yard. This request will add to the over development of this residential
parcel and is a self-imposed hardship. There are no unique characteristics existing on the parcel
that would necessitate the need for a Variance. Additional square-footage can be added to this
home without the need for a Variance.
Since the owner has the option of increasing the square-footage of the home within code
requirements elsewhere on the property, a Variance is not the only option available for
expansion. There is no hardship on the owner and there are available options to increase the
square-footage of this home without the need for a Variance. This, coupled with the fact that an
existing Variance has already been approved for this property, leads staff to find the site will be
over built and therefore, recommends denial.
1.
2.
3.


resolution.
has created a self-imposed hardship by proposing an addition that does not meet the minimum
front yard setback requirements. An alternative is to have all proposed additions meet
established code setbacks that 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.
YK
VAR-58157 [PRJ-58018]
NOTICES MAILED
129
APPROVALS
PROTESTS
22
YK
VAR-58157
VAR-58157
VAR-58157
VAR-58157
VAR-58157
VAR-58157 [PRJ-58018] - VARIANCE - APPLICANT/OWNER: LEVY-WOLF FAMILY TRUST

2045 SOUTH TENAYA WAY
03/05/15
VAR-58157 [PRJ-58018] - VARIANCE - APPLICANT/OWNER: LEVY-WOLF FAMILY TRUST

2045 SOUTH TENAYA WAY
03/05/15
VAR-58157

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
SUP-58125 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
REMINGTON COMMERCIAL VIII, LLC - For possible action on a request for a Special Use
Permit FOR A PROPOSED RESTAURANT (WITH DRIVE-THROUGH) located on the
northwest corner of Oso Blanco Road and Durango Drive (APN 125-17-301-012), T-C (Town
Center) Zone [GC-TC (General Commercial-Town Center) Special Land Use Designation],
Ward 6 (Ross) [PRJ-58098]. Staff recommends APPROVAL.
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
1. Location and Aerial Maps - SUP-58125, SUP-58126, SUP-58127 and SDR-58128 [PRJ58098]
2. Conditions and Staff Report - SUP-58125, SUP-58126, SUP-58127 and SDR-58128 [PRJ58098]
3. Supporting Documentation - SUP-58125, SUP-58126, SUP-58127 and SDR-58128 [PRJ58098]
4. Photo(s) - SUP-58125, SUP-58126, SUP-58127 and SDR-58128 [PRJ-58098]
5. Justification Letter - SUP-58125, SUP-58126, SUP-58127 and SDR-58128 [PRJ-58098]
SUP-58125, SUP-58126, SUP-58127 and SDR-58128 [PRJ-58098]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: REMINGTON COMMERCIAL VIII, LLC
CASE
NUMBER
SUP-58125
SUP-58126
SUP-58127
SDR-58128
RECOMMENDATION
REQUIRED FOR
APPROVAL
SUP-58125
SUP-58126
SUP-58127
** CONDITIONS **
SUP-58125 CONDITIONS
Planning
1.
Review (SDR-58128) shall be required.
2.
3.
4.
building permit, as well as submitted as part of any business license application.
5.
YK

Conditions Page Two
Planning
1.
2.
3.
4.
5.
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Convenience
Store (With Fuel Pumps) use in Town Center.
2.
3.
4.
A Waiver from Title 19.12 is hereby approved, to allow a distance separation of 245 feet from
a single-family detached dwelling, where the minimum required is 330 feet.
5.
YK

6.
7.
Planning
1.
2.
All development shall be in conformance with the site plan date stamped 03/16/15; landscape
plan date stamped 03/23/15; and building elevations, date stamped 02/26/15, except as
amended by conditions herein.
3.
A Waiver from Title 19.08 is hereby approved, to allow a six-foot wide landscape buffer
along the east perimeter, where a minimum of eight feet is required.
4.
An Exception from Title 19.08 is hereby approved, to allow zero trees along the east
landscape perimeter, where a minimum of 26 trees are required.
5.
6.
building permit.
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. All required amenity zone landscaping and hardscape treatments shall
conform to Town Center Frontage Road Streetscape standards.
8.
YK

9.
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.
10.
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
11.
Public Works
12.
Per Condition #12 of SDR-52440, construct all incomplete half-street improvements meeting
Town Center Development Standards on Oso Blanca Road adjacent to this site concurrent
with development of this site as required by the Department of Public Works. All existing
paving damaged or removed by this development shall be restored at its original location and
to its original width concurrent with development of this site. Additionally, construct curb,
gutter, sidewalk and landscaping improvements meeting Town Center Development
Standards on the north half of Oso Blanca Road to connect off-site improvements adjacent to
this site with existing improvements at the intersection of Durango Drive and Oso Blanca
Road. Required landscaping along Oso Blanca Road may be administratively modified to
accommodate required Site Visibility Restriction Zones (SVRZs).
13.
Per Condition #13 of SDR-52440, obtain an Occupancy Permit from the Nevada Department
of Transportation (NDOT) for all driveways or other private improvements in the Oso Blanca
Road public right-of-way adjacent to this site prior to constructing any improvements within
NDOT jurisdiction. Comply with all NDOT requirements.
14.
Unless otherwise allowed by the City Engineer, construct sidewalk on at least one side of all
access drives connecting this site to the adjacent public streets concurrent with development of
this site. The connecting sidewalk shall extend from the sidewalk on the public street to the
first intersection of the on-site roadway network and shall be terminated on-site with a
handicap ramp.
15.
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.
YK

16.
Submit an Encroachment Agreement for landscaping and private improvements in the Oso
Blanca Road public right-of-way and the area of Assessors Parcel Number 125-17-401-006
(Bureau of Land Management grant to the City) prior to the issuance of permits for these
improvements. The applicant must carry an insurance policy for the term of the
Encroachment Agreement and add the City of Las Vegas as an additionally insured entity on
this insurance policy. If requested by the City, the applicant shall remove property
encroaching in the public right- of way at the applicant's expense pursuant to the terms of the
City's Encroachment Agreement.
The installation and maintenance of all private
improvements in the public right of way shall be the responsibility of the adjacent property
owner(s) and shall be transferred with the sale of the property for the entire term of the
Encroachment Agreement. Coordinate all requirements for the Encroachment Agreement with
the Land Development Section of the Department of Building and Safety (229-4836).
17.
An update to the previously approved 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 or the submittal of any construction drawings, whichever may occur first. Comply
with the recommendations of the approved update to the Traffic Impact Analysis prior to
occupancy of the site. Phased compliance will be allowed if recommended by the approved
Traffic Impact Analysis. No recommendation of the approved Traffic Impact Analysis, nor
compliance therewith, shall be deemed to modify or eliminate any condition of approval
imposed by the Planning Commission or the City Council on the development of this site.
18.
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.
19.
Site development to comply with all applicable conditions of approval for SDR-52440, and all
other applicable site-related actions.
YK

** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is proposing a 37,220 square-foot commercial shopping center that will include
two restaurants with drives-through, a convenience store with fuel pumps, a financial institution
with drive-through and in-line general retail space on the northwest corner of Oso Blanca Road
and Durango Drive. This project is designed to meet code requirements of both Town Center
and Title 19 with only two Waivers requested. The first Waiver is required due to the fuel
pumps being located within 330 feet of a single-family dwelling. This is somewhat misleading
in that the fuel pumps are located on the north side of the project and the single-family dwellings
are located to the southwest of the project. However, due to measurement standards, the Waiver
is required. The second Waiver is requested to reduce the required east perimeter landscape
buffer width by two feet. Staff supports these Waivers.
This project is well designed given the constraints of the unique shape, location and elevations of
the site. Staff recommends approval of all applications associated with this project. If denied,
no building permits would be issued for the site.
ISSUES
A Special Use Permit is required to allow a Convenience Store (With Fuel Pumps) to be
located in Town Center. Staff supports this request.
Two Special Use Permits are required to allow two restaurants with drives-through to be
located in Town Center. Staff supports these requests.
A Waiver is required to allow a Convenience Store (With Fuel Pumps) to be located 245
feet away from a single-family dwelling, where the minimum requirement is 330 feet.
Staff supports this request.
A Waiver is required to allow a six-foot wide landscape buffer along the east perimeter,
where a minimum of eight feet is required. Staff supports this request.
An Exception is required to allow zero trees along the east landscape perimeter, where a
minimum of 26 trees are required. Staff supports this request.
The City Council approved a Rezoning (Z-0076-98) of 1,468 acres to the T-C
12/07/98
(Town Center) zoning district. The subject site was included in this Rezoning
request. The Planning Commission and staff recommended approval.
YK


10/01/14
No related permits on file.
Staff met with the applicant and reviewed plans for a shopping center. It was
determined that three Special Use Permits would be required for the
restaurants with drive-through and the fuel pumps. In addition, a Waiver is
02/24/15
required for the fuel pumps to be located within 330 feet of a single-family
residential property. A neighborhood meeting is required for the distance
Waiver.
The applicant held a required neighborhood meeting. The meeting started at
6 p.m. and ended at 6:25 p.m.
03/19/15
Attendees: 4 Applicants, 2 CLV staff and 3 Members of the Public

All supported the overall project. However, the public would like to see a
right turn lane at the south entrance. No other issues were raised.
Field Check
03/05/15
Staff visited the site and found an undeveloped parcel clean and free of trash
and debis.

Site Area
Net Acres
6.49
Surrounding
Property
Subject Property
Existing Land Use

Per Title 19.12
Undeveloped
Planned or Special
GC-TC [(General
Commercial Town
Center) Special Land
Use Designation]
T-C (Town Center)
YK

Surrounding
Property
Existing Land Use

Per Title 19.12
North
Undeveloped
South
Undeveloped
East
Undeveloped
West
Multi Family,
Attached
Planned or Special
GC-TC [(General
Commercial Town
Use Designation]
PF-TC [(Public
Facilities Town
Use Designation]
SC-TC [(Service
Commercial Town
Use Designation]
SX-TC [(Suburban
Mixed Use Town
Use Designation]
T-C (Town Center)
T-C (Town Center)
T-C (Town Center)
T-C (Town Center)
Master Plan Areas

Compliance
Town Center Master Plan
Y
Compliance
T-C (Town Center) District
N*
Compliance
Trails
Y
N/A
N/A
N/A
*A Waiver is required from distance separation requirements for the related convenience store
with fuel pumps use.
Pursuant to Town Center Development Standards Manual, the following standards apply:
Standard
Required/Allowed
Provided
Compliance
Min. Setbacks
Front
15 Feet
15 Feet
Y
Side
10 Feet
65 Feet
Y
Corner
15 Feet
N/A
N/A
20 Feet
36 Feet
Y
Rear
YK

Standard
Max. Lot Coverage
Trash Enclosure
Mech. Equipment
Required/Allowed
N/A
Two stories
Roof or Trellis
Screened
Provided
15.2 %
One story
Roof or Trellis
Screened
Compliance
Y
Y
Y
Y
Pursuant to Town Center Development Standards and Title 19.08, the following standards
apply:
Required
Provided
Compliance
Standards
Ratio
Trees
Buffer Trees:
North
0 Trees
0 Trees
Y
South
7 Trees
7 Trees
Y
East
26 Trees
0 Trees
N*
West
37 Trees
37 Trees
Y
70 Trees
44 Trees
N
Parking Area Trees
83 Trees
83 Trees
Y
Min. Zone Width
North
0 Feet
0 Feet
Y
South
15 Feet
15 Feet
Y
East
8 Feet
6 Feet
N
15 Feet
15 Feet
Y
West
*An Exception has been requested.
Street Name
Oso Blanco Road
Streetscape Standards
Town Center Frontage
Road
Functional
Classification of
Street(s)
Town Center
Frontage Road
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Town Center
Development Standards
Manual
90
Required
A four-foot amenity zone
with single alternating palm
trees at intervals of 35 feeton-center.
A five-foot wide sidewalk
Provided
A four-foot amenity zone
with single alternating
palm trees at intervals of
35 feet-on-center.
A five-foot wide sidewalk
Compliance
Y
Y
YK

Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Shopping
37,220 SF
1/250 SF
149
Center
149
304
Y
144
5
291
13
Y
Loading Spaces
5
5
Y
Waivers
Requirement
For a Convenience Store (With
Fuel Pumps) to be located 330
feet away from a single-family
residentially zoned parcel.
Provide an eight-foot wide
landscape buffer along the east
perimeter.
Exceptions
Requirement
To install a 24-inch box tree every
30 feet on center along the east
perimeter landscape buffer.
Request
To allow a Convenience Store
(With Fuel Pumps) to be located
245 feet away from a singlefamily residentially zoned parcel.
To provide a six-foot wide
landscape buffer along the east
perimeter.
Request
To install zero trees along the
east perimeter landscape
buffer.
Approval
Approval
Approval
ANALYSIS
The GC-TC [(General Commercial Town Center) Special Land Use Designation] was
established to encourage intense commercial development such as the proposed shopping center
with this request. Although restaurants with drives-through are appropriate, Town Center
Development Standards require a Special Use Permit be obtain in order to insure the proper
vehicle stacking is designed to minimize any traffic congestion issues that may result from the
use. The drives-through with this project have been vetted and meet all code requirements and
are located on the site to minimize any negative traffic impacts.
YK

An additional Special Use Permit is required as a result of the Convenience Store (With Fuel
Pumps) use. This application is required as a result of the shopping center being within 330 feet
of a single-family zoning district. The southwest property line of the shopping center is only 245
feet from this protected use and therefore, a Waiver is required. Staff supports this request since
the actual Convenience Store (With Fuel Pumps) use is located on the north side of the shopping
center, effectively 700 feet away from the protected single-family zoning district. This meets the
intent of the code.
Projects located in the GC-TC [(General Commercial Town Center) Special Land Use
Designation] are required to have a minimum of 20% open space. This project exceeds this
requirement with a total of 27.13% of open space. This includes all landscaping, outside patios
and plazas in the design of the shopping center. The perimeter landscape buffer Waiver affects
the east perimeter, adjacent to both the US-95 and Durango Road rights-of-way. The applicant is
requesting to reduce the required width from eight feet to six feet and to not install any trees.
There are four trees located within the east landscape perimeter buffer, but staff has counted
these toward the parking lot required number of trees and as such are not counted toward the
perimeter requirement. Since the east perimeter is adjacent to public rights-of-way and these
rights-of-ways are located at substantially higher elevations than the project, no negative effects
will result in allowing this deviation from code. Staff supports this request.
The commercial shopping center is designed to have the primary ingress/egress located directly
across from where Severence Lane intersects with Oso Blanco Road. A secondary ingress/egress
driveway is located on the north side of the site also off Oso Blanco Road. Internal circulation is
provided by two drive aisles. The first drive aisle almost bi-sects the project from southwest in a
half-moon shape to the northwest emptying out into the convenience store parking area. The
second drive aisle circles the project along the perimeters, both allowing for easy traffic
circulation on the site.
Due to the sharp curve along Oso Blanco Road and the elevation change up to the Durango
Drive intersection, sight visibility issues may become a concern with the required landscape
within the right-of-way. It is believed that the spacing of the trees will allow for adequate
visibility and therefore, no waivers are being quested along the west frontage. In addition, the
applicant is installing the required streetscape improvements all the way to the Durango Drive
intersection along Oso Blanco Road. This is a result of the City of Las Vegas accepting a
remnant portion of Bureau of Land Management parcel that has become right-of-way adjacent to
the applicants project.
This project is expected to add about 6,874 trips per day on Oso Blanca Road. Currently, Oso
Blanca Road is at 31 percent of capacity and is expected to reach 65 percent of capacity with
completion of this project. Based on peak hour use, the project will add 592 trips, or about ten
trips every minute.
YK

This project was submitted to outside agencies for comment. The Las Vegas Valley Water
District responded as follows: This parcel is not currently served by LVVWD. Civil and
plumbing plans will need to be submitted to LVVWD for domestic meter sizing and fire flow
availability.
The project has a modern aesthetic and is similar in design and appearance to other commercial
shopping centers located in nearby areas of Town Center. The landscape materials used are
within the Town Center Development Standards guidelines and will provide a compatible
aesthetic with the existing landscape along Oso Blanco and adjacent developments.
Overall, staff finds that this is an appropriate development for the location. The design layout,
materials and landscape combined to make this project compatible with the surrounding
developments and will provide additional commercial amenities to residents in the Town Center
area. Staff recommends approval of the project and associated applications.
FINDINGS (SUP-58125)
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 restaurant with drive-through is compatible within the proposed shopping
center and will provide a needed amenity to the surrounding area.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The proposed drive-through use is located within a proposed shopping center that is
suitable for this type of use.
3.
Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
The site is accessed via two drive aisles leading from Oso Blanco Road into the shopping
center. This Town Center Frontage Road will meet the needs of the proposed use.
4.
Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
YK

This approval will not compromise the public health, safety, or welfare since permits and
inspections by staff will ensure compliance.
5.
The use meets all of the applicable conditions per Title 19.12.
Stacking for six vehicles is being provided; therefore, all conditions are met.
1.
The proposed restaurant with drive-through is compatible within the proposed shopping
center and will provide a needed amenity to the surrounding area.
2.
The proposed drive-through use is located within a proposed shopping center that is
suitable for this type of use.
3.
The site is accessed via two drive aisles leading from Oso Blanco Road into the shopping
center. This Town Center Frontage Road will meet the needs of the proposed use.
4.
General Plan.
5.
Stacking for six vehicles is being provided; therefore, all conditions are met.
YK

1.
The proposed Convenience Store (With Fuel Pumps) is compatible within the proposed
shopping center and will provide a needed amenity to the surrounding area.
2.
The proposed use is located within a proposed shopping center that is suitable for this type
of use.
3.
The site is accessed via two drive aisles leading from Oso Blanco Road into the
commercial shopping center. This Town Center Frontage Road will meet the needs of the
proposed use.
4.
General Plan.
5.
A Waiver is required to allow the use to be located within 330 feet of a single-family
residential property. Staff supports the request since the Convenience Store (With Fuel
Pumps) is located on the north end of the 6.49 acre shopping center, away from the
protected use.
YK

1.

The proposed commercial shopping center development will be compatible with existing
and proposed developments in the area.
2.
Other than the one requested Waiver and Exception, this project meets all development
standards of Town Center and Title 19 for a commercial shopping center.
3.

The site is accessed via two drive aisles leading from Oso Blanco Road into the
commercial shopping center. This Town Center Frontage Road will meet the needs of the
proposed use.
4.
The proposed structures and landscape materials are within the context of the surrounding
neighborhood. Additionally, the landscape materials meet the types required for the Town
Center area.
5.

The proposed commercial shopping center development will provide retail and restaurant
opportunities for residents in the northwest area of Las Vegas. The design emphasizes easy
vehicle access by arranging the buildings around a central drive aisle. The proposed
shopping center is harmonious and in context with the suburban aesthetic of the
surrounding area.
6.
general welfare.
inspections by staff will ensure compliance to all code requirements.
YK

58
NOTICES MAILED
253 - SUP-58125 and SUP-58126

253 - SUP-58127 and SDR-58128
APPROVALS
PROTESTS
YK
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SUP-58125
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SUP-58125 [PRJ-58098] - SPECIAL USE PERMIT RELATED TO SUP-58126, SUP-58127 AND SDR-58128
- APPLICANT/OWNER: REMINGTON COMMERCIAL VIII, LLC
NORTHWEST CORNER OF OSO BLANCO ROAD AND DURANGO DRIVE
03/05/15
03/05/15
03/05/15
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DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
SUP-58126 - SPECIAL USE PERMIT RELATED TO SUP-58125 - PUBLIC HEARING APPLICANT/OWNER: REMINGTON COMMERCIAL VIII, LLC - For possible action on a
request for a Special Use Permit FOR A PROPOSED RESTAURANT (WITH DRIVETHROUGH) located on the northwest corner of Oso Blanco Road and Durango Drive (APN
125-17-301-012), T-C (Town Center) Zone [GC-TC (General Commercial-Town Center)
Special Land Use Designation], Ward 6 (Ross) [PRJ-58098]. Staff recommends APPROVAL.
RECOMMENDATION:

paper use, backup
SUP-58126
SUP-58126

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
SUP-58127 - SPECIAL USE PERMIT RELATED TO SUP-58125 AND SUP-58126 - PUBLIC
HEARING - APPLICANT/OWNER: REMINGTON COMMERCIAL VIII, LLC - For possible
action on a request for a Special Use Permit FOR A PROPOSED CONVENIENCE STORE
(WITH FUEL PUMPS) WITH A WAIVER TO ALLOW A 250-FOOT DISTANCE
SEPARATION FROM A SINGLE-FAMILY, DETACHED PROPERTY WHERE 330 FEET IS
REQUIRED located on the northwest corner of Oso Blanco Road and Durango Drive (APN 12517-301-012), T-C (Town Center) Zone [GC-TC (General Commercial-Town Center) Special
Land Use Designation], Ward 6 (Ross) [PRJ-58098]. Staff recommends APPROVAL.
RECOMMENDATION:

paper use, backup
SUP-58127
SUP-58127

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
SDR-58128 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-58125, SUP-58126
AND SUP-58127 - PUBLIC HEARING - APPLICANT/OWNER: REMINGTON
COMMERCIAL VIII, LLC - For possible action on a request for a Site Development Plan
Review FOR A PROPOSED 37,220 SQUARE-FOOT SHOPPING CENTER WITH A
WAIVER TO ALLOW A SIX-FOOT WIDE LANDSCAPE BUFFER ALONG THE EAST
PERIMETER WHERE A MINIMUM OF EIGHT-FOOT IS REQUIRED located on 6.49 acres
at the northwest corner of Oso Blanco Road and Durango Drive (APN 125-17-301-012), T-C
(Town Center) Zone [GC-TC (General Commercial-Town Center) Special Land Use
Designation], Ward 6 (Ross) [PRJ-58098]. Staff recommends APPROVAL.
RECOMMENDATION:

paper use, backup
SDR-58128
SDR-58128
SDR 58128
Remington Commercial VIII, LLC
NWC Oso Blanca Road & Durango Drive

Proposed 34,620 square foot retail development.
First Proposed Use
DESCRIPTION
#UNIT

AM Peak Hour
6.02
DESCRIPTION
#UNIT

AM Peak Hour
4.2
PM Peak Hour
Third Proposed Use
DESCRIPTION
#UNIT

AM Peak Hour
16
DESCRIPTION
#UNIT

AM Peak Hour
19.2
DESCRIPTION
#UNIT

AM Peak Hour
PM Peak Hour
TOTAL
24.30
622
51
102
RATE/#
UNIT
TOTAL
12.08
13.86
2,445
189
222
RATE/#
UNIT
TOTAL
11.84
3.71
820
18
71
RATE/#
UNIT
TOTAL
42.70
SHOPPING CENTER/GENERAL RETAIL
[1000 SF]
PM Peak Hour
Total Proposed Use
RATE/#
UNIT
152.84
GAS/SERVICE W/MARKET & CAR WASH
[FUELING POSITIONS]
PM Peak Hour
Fourth Proposed Use
32.65
45.42
148.15
DRIVE-IN BANK [1000 SF]
0.96
42.70
SHOPPING CENTER/GENERAL RETAIL
[1000 SF]
34.62
TOTAL
2,987
273
197
496.12
FAST-FOOD WITH DRIVE-THRU [1000
SF]
PM Peak Hour
Second Proposed Use
RATE/#
UNIT
0.96
3.71
6,874
531
592

Oso Blanca Road
10,688
855
Durango Drive
33,900
2,712
Oso Blanca Road

Durango Drive

34,500
51,800
This project is expected to add about 6,874 trips per day on Oso Blanca Rd. & Durango Dr. Currently, Oso Blanca is at
about 31 percent of capacity and Durango is at about 65 percent of capacity. With this project, Oso Blanca is expected to
be at about 65 percent of capacity and Durango to be at about 79 percent of capacity.
Based on Peak Hour use, this project will add about 592 trips in the peak hour, or about ten every minute.

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
SUP-58148 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
CHARLOTTE LEE - For possible action on a request for a Special Use Permit FOR A
PROPOSED HORSE CORRAL OR STABLE (COMMERCIAL) USE at 5771 West Rosada
Way (APN 125-36-302-004), R-E (Residence Estates) Zone, Ward 6 (Ross). Staff recommends
APPROVAL.
RECOMMENDATION:
1. Location and Aerial Maps - SUP-58148 and SUP-58149
2. Conditions and Staff Report - SUP-58148 and SUP-58149
3. Supporting Documentation - SUP-58148 and SUP-58149
4. Photo(s) - SUP-58148 and SUP-58149
5. Justification Letter - SUP-58148 and SUP-58149
SUP-58148 and SUP-58149

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CHARLOTTE LEE
CASE
NUMBER
SUP-58148
SUP-58149
RECOMMENDATION
REQUIRED FOR
APPROVAL

** CONDITIONS **
Planning
1.
Conformance to the Conditions of Approval of Special Use Permit (SUP-58149), if approved.
2.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Horse Corral or
Stable (Commercial) use.
3.
4.
Prior to issuance of a business license 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.
All parking areas shall be surfaced (paved, striped and marked) to clearly define parking
spaces and handicapped parking spaces in accordance with Title 19.06.040(G)(3) and Title
19.08.110(C)(8).
6.
7.
GK
SUP-58148 and SUP-58149

Conditions Page Two
Public Works
8.
Provide written proof that the Southern Nevada Health District (SNHD), Environmental
Health Division, has approved this site for a commercial Individual Septic Disposal System
(ISDS) prior to the issuance of any building permits. Alternatively, connect to the public
sewer and abandon the existing ISDS according to SNHD regulations.
Planning
1.
Conformance to the Conditions of Approval of Special Use Permit (SUP-58148), if approved.
2.
Conformance to all Minimum Requirements under LVMC Title 19.12 for an Animal Keeping
& Husbandry use.
3.
The Animal Keeping & Husbandry use shall be limited to a maximum of 40 horses and 20
cattle.
4.
5.
Prior to issuance of a business license 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.
7.
Public Works
8.
Contact the Southern Nevada Health District (SNHD), Environmental Health Division, to
obtain written approval for a commercial Individual Septic Disposal System (ISDS) prior to
the issuance of any building permits. Alternatively, connect to the public sewer and abandon
the existing ISDS according to SNHD regulations.
GK
SUP-58148 and SUP-58149

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit for a Horse Corral or Stable (Commercial) use at 5771
West Rosada Way. This request is the result of a code enforcement citation (#141730) for an
illegal commercial horse boarding and training business. Currently, the 4.44-acre site consists of
a 910 square-foot single-family residence, three riding arenas, two hay sheds, horse stalls, and
cattle stalls. The applicant is proposing the commercial horse corral to house up to 40 horses at
maximum capacity. The applicant is also requesting to house 20 cattle. The cattle would be
accessory to the proposed Horse Corral or Stable (Commercial) use, as they would be utilized for
roping purposes. An Animal Keeping and Husbandry (domestic animals) use is a conditional use
in the R-E (Residence Estates) zoning district. The requested use fails to meet the minimum
Conditional Use Requirements as outlined by Title 19.12 for an Animal Keeping and Husbandry
use. According to Title 19.12, no more than one cow or horse is permitted for every 7,500 square
feet of lot area. The 193,406 square-foot lot area limits the total number of cows and horses to
25. The applicant is proposing 20 cows and 40 horses at maximum capacity, which exceeds the
maximum allowed. The existing neighborhood is rural in nature with horses and cows commonly
found throughout the area. Staff finds the subject site is physically suitable for the type and
intensity of land use and recommends approval of both requests for Special Use Permits.
ISSUES
A Horse Corral or Stable (Commercial) use is permissible in the R-E (Residence Estates)
zoning district with approval of a Special Use Permit.
According to Title 19.12, no more than one cow or horse is permitted for every 7,500
square feet of lot area. The 193,406 square-foot lot area limits the total number of cows
and horses to 25. The applicant is proposing 20 cows and 40 horses at maximum
capacity, which exceeds the maximum allowed. A Special Use Permit is required for an
Animal Keeping and Husbandry use that does not adhere to the minimum Conditional
Use Requirements.
The City Council approved a Petition to Annex (A-0063-64) from C-2
(General Commercial) to R-E (Residence Estates) approximately 10,365 acres
05/20/64
generally located north of Lone Mountain Road, south of Ann Road, west of
Decatur Boulevard, and east of Tenaya Way. Planning Commission and staff
GK
SUP-58148 and SUP-58149


The Planning Commission approved a Tentative Map (TMP-27005) for a
nine-lot single-family residential subdivision on 4.54 acres located adjacent to
04/10/08
the southwest corner of Leon Avenue and Rosada Way. Staff recommended
approval.

12/29/06

A building permit (#23990) was issued for a single-family residence at 5771
11/02/07
West Rosada Way. The permit was finalized on 11/07/07.
A code enforcement citation (#100793) was issued for people living in trailers
04/20/11
at 5771 West Rosada Way. The case was resolved on 05/11/11.
A code enforcement citation (#123029) was issued for illegal commercial
12/06/12
horse boarding at 5771 West Rosada Way. The case was resolved on
12/20/12.
A code enforcement citation (#141730) was issued for illegal commercial
05/27/14
horse boarding at 5771 West Rosada Way. The case is still active.
Staff conducted a pre-application meeting with the owner to discuss an
outstanding code enforcement citation (#141730) for an illegal commercial
horse corral at 5771 West Rosada Way. Staff determined that a Special Use
01/20/15
Permit would be required to operate a commercial corral. In addition, a
second Special Use Permit for Animal Keeping and Husbandry would be
required for requested cows. The submittal requirements for the Special Use
Permits were discussed.
A neighborhood meeting is not required, nor was one held.
Field Check
03/05/15
Staff conducted a routine field check and noted an operating commercial

horse corral business.
GK
SUP-58148 and SUP-58149


Site Area
Gross Acres
4.44
Surrounding
Property
Existing Land Use

Per Title 19.12
Single-Family
Residence
Horse Corral or
Stable (Commercial)
Horse Corral or
Stable (Commercial)
Planned or Special
R (Rural Density
Residential)
R (Rural Density
Residential)
R (Rural Density
Residential)
East
Single-Family
Residence
ML (Medium Low
R-PD9 (Residential
Planned Development 9
Units per Acre)
West
Single-Family
Residence
R (Rural Density
Residential)
Subject Property
North
South

Master Plan Areas

A-O (Airport Overlay) District 175 Feet
Rural Preservation Overlay District
Trails
Compliance
N/A
Compliance
Y
Y
Compliance
N/A
N/A
N/A
N/A
Street Name
Functional
Classification of
Street(s)
Leon Avenue
Collector Street
Rosada Way
Collector Street
Governing Document
and Highways
and Highways
Actual
Street Width
(Feet)
Compliance
with Street
Section
60 Feet
60 Feet
GK
SUP-58148 and SUP-58149

Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Horse Corral
1 per 5
or Stable
40 Horses
8
Horses
(Commercial)
8
14
Y
7
1
13
1
Y
ANALYSIS
Currently, the 4.44-acre site consists of a 910 square-foot single-family residence, three riding
arenas, two hay sheds, a tack room, horse stalls, and cow stalls at 5771 West Rosada Way. The
applicant would like to operate a commercial horse boarding and horse training facility on the
subject site. This request is the result of a code enforcement citation (#141730) for an illegal
commercial horse boarding and training business. A Horse Corral or Stable (Commercial) use is
permissible in the R-E (Residence Estates) zoning district with approval of a Special Use Permit.
Title 19.12 defines a Horse Corral or Stable (Commercial) use as a structure for the keeping of
horses, mules or ponies which are boarded for compensation or for use in providing instructional
or recreational activities for persons other than occupants of the premises. The proposed use
meets the definition noted above, as the applicant has indicated in the submitted justification
letter, date stamped 03/16/15, to lease stalls and training areas to individuals for profit. The
applicant is proposing the commercial horse corral to house up to 40 horses at maximum
capacity. There are no Minimum Special Use Permit Requirements associated with the Horse
Corral or Stable (Commercial) use.
In addition to the horses, the applicant is proposing to house 20 heads of cattle on the subject
site. The Animal Keeping and Husbandry use is defined by Title 19.12 as the raising, keeping
and breeding of domestic or nondomestic animals. The use must be ancillary to the principal use,
but may be conducted for commercial purposes. The use includes the keeping of animals for the
development of animal products such as meat, fur or eggs, but does not include the keeping of
animals as household pets. The proposed use meets the definition noted above, as the applicant
is requesting to house cows as an ancillary use to a proposed Horse Corral or Stable
(Commercial) use. The cows would be utilized for roping purposes.
The minimum Conditional Use Requirements include:
1. With respect to domestic animals:
GK
SUP-58148 and SUP-58149

a. The applicant must submit to the Department, for administrative review and approval,
a site plan with notes indicating the number and types of animals to be kept or reproduced
on the premises.
The applicant has submitted a site plan and a justification letter, which details a request
to house 40 horses and 20 heads of cattle at maximum capacity.
b. No more than 3 sheep or goats may be kept for each 20,000 square feet of land
included in the building site.
The applicant is not proposing to house any sheep or goats on the subject site.
c. All operations and activities shall be in accordance with LVMC Title 7.
A condition of approval has been added requiring compliance with LVMC Title 7.
d. No more than one horse or cow is permitted for each 7,500 square feet of lot area.
The 193,406 square-foot subject site is permitted a total of 25 cows and horses. The
applicant is requesting 40 horses and 20 cows at maximum capacity. The proposal does
not adhere to this requirement; as such a Special Use Permit is required.
e. In the R-D Zoning District, no more than 2 horses may be stabled on building site, and
the site must have a minimum net lot size of 18,000 square feet.
This requirement is not applicable, as the subject site has a zoning designation of R-E
(Residence Estates).
f. No horse or cattle may be kept at any location south of Cheyenne Avenue.
The subject site at 5771 West Rosada Way is north of Cheyenne Avenue.
The proposed Animal Keeping and Husbandry use does not meet condition 1d of the minimum
Conditional Use Requirements. The zoning code accommodates for the keeping of domestic
animals but places a maximum number of horses or cows to one per 7,500 square feet of lot area.
The 193,406 square-foot subject site is permitted a total of 25 cows and horses. As proposed, the
applicant is requesting 40 horses and 20 cows at maximum capacity, which exceeds the
maximum allowed. As a result a Special Use Permit is required.
According to the submitted site plan date stamped 03/04/15, the existing facility is a 4.44-acre
fenced property consisting of a 910 square-foot residence, two large horse stalls capable of
housing up to 40 horses, a cow stall, and two hay sheds. A large main arena for riding is located
at the center of the property with two smaller arenas located on the eastern portion of the site.
Visitor parking is illustrated to the west of the large riding arena.
GK
SUP-58148 and SUP-58149

Surrounding the site to the north and south are existing commercial horse corrals. In addition,
large lot residential properties are adjacent to the west, many of which are developed with barns
and arenas. Finally, an existing Animal Hospital is located approximately 300 feet to the west of
the subject site. The existing neighborhood is rural in nature with horses and cows commonly
found throughout the area. Staff finds the subject site is physically suitable for the type and
intensity of land use and recommends approval of both requests for Special Use Permits.
FINDINGS (SUP-58148) Horse Corral

1.
The proposed Horse Corral or Stable (Commercial) Use is appropriate and harmonious
with the surrounding area. Most of the adjacent residential parcels to the west have large
horse-related structures and facilities, and the subject site is adjacent to two existing horse
corrals to the north and south.
2.
The subject site is physically suitable for the type and intensity of the land use.
3.
The subject site has direct access to Rosada Way and Leon Avenue, both of which are 60foot wide Collector Streets, as classified by the Master Plan of Streets and Highways. The
streets provide adequate capacity to accommodate the use.
4.
General Plan.
Approval of this Special Use Permit will not compromise the public health safety and
general welfare of the public. The use will be subject to regular inspections and is subject
to licensing restrictions.
5.
GK
SUP-58148 and SUP-58149

The proposed Horse Corral or Stable (Commercial) use adheres to all Title 19
requirements.
FINDINGS (SUP-58149) Animal

1.
The surrounding residential community is rural in nature with horses and cows commonly
found throughout the area. The proposed Animal Keeping and Husbandry use would be
ancillary to a proposed Horse Corral or Stable (Commercial) use. As a result, the use can
be conducted in a manner that is harmonious with the surrounding land uses.
2.
The 4.44-acre subject site is an R-E (Residence Estates) zoned property and is suitable for
the proposed use.
3.
The subject site has direct access to Rosada Way and Leon Avenue, both of which are 60foot wide Collector Streets, as classified by the Master Plan of Streets and Highways. The
streets provide adequate capacity to accommodate the use.
4.
General Plan.
5.
The proposed Animal Keeping and Husbandry use does not adhere to the minimum
Conditional Use Requirements as outlined by Title 19.12. As a result, the applicant must
pursue a Special Use Permit. The proposed use complies with all other Title 19
requirements.
GK
SUP-58148 and SUP-58149

NOTICES MAILED
260
APPROVALS
PROTESTS
23
GK
SUP-58148 - SPECIAL USE PERMIT RELATED TO SUP-58149 - APPLICANT/OWNER: CHARLOTTE LEE

5771 WEST ROSADA WAY
03/05/15

03/05/15

03/05/15

03/05/15

03/05/15

03/05/15

03/05/15

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
SUP-58149 - SPECIAL USE PERMIT RELATED TO SUP-58148 - PUBLIC HEARING APPLICANT/OWNER: CHARLOTTE LEE - For possible action on a request for a Special Use
Permit FOR A PROPOSED ANIMAL KEEPING & HUSBANDRY USE TO ALLOW 60
DOMESTIC ANIMALS (HORSES AND CATTLE) WHERE A MAXIMUM OF 25
DOMESTIC ANIMALS ARE ALLOWED at 5771 West Rosada Way (APN 125-36-302-004),
R-E (Residence Estates) Zone, Ward 6 (Ross). Staff recommends APPROVAL.
RECOMMENDATION:

paper use, backup

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
SUP-58165 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: THREE
TWENTY TWO, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED 6,562 SQUARE-FOOT TAVERN-LIMITED ESTABLISHMENT at 322 Fremont
Street (APN 139-34-510-026), C-2 (General Commercial) Zone, Ward 5 (Barlow) [PRJ-57868].
Staff recommends APPROVAL.
RECOMMENDATION:
1. Location and Aerial Maps - SUP-58165 and SDR-58166 [PRJ-57868]
2. Special Map
3. Conditions and Staff Report - SUP-58165 and SDR-58166 [PRJ-57868]
4. Supporting Documentation - SUP-58165 and SDR-58166 [PRJ-57868]
5. Photo(s) - SUP-58165 and SDR-58166 [PRJ-57868]
6. Justification Letter - SUP-58165 and SDR-58166 [PRJ-57868]
SUP-58165 and SDR-58166 [PRJ-57868]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: THREE TWENTY TWO, LLC
CASE
NUMBER
SUP-58165
SDR-58166
RECOMMENDATION
Staff recommends APPROVAL, subject to conditions
REQUIRED FOR
APPROVAL
SUP-58165
** CONDITIONS **
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Tavern-Limited
Establishment use.
2.
3.
4.
5.
Minors shall only be permitted in such areas wherein spirituous, malt or fermented liquors or
wines are served only in conjunction with regular meals and where dining tables or booths are
provided separate from the bar in conformance with Title 6.50.
6.
Approval of this Special Use Permit does not constitute approval of a liquor license.
JB
SUP-58165 and SDR-58166 [PRJ-57868]

Conditions Page Two
7.
This business shall operate in conformance to Chapter 6.50 of the City of Las Vegas
Municipal Code.
8.
Planning
1.
Approval of and conformance to the Conditions of Approval for Special Use Permit (SUP58165) shall be required, if approved.
2.
3.
All development shall be in conformance with the site plan and building elevations, date
stamped 02/26/15, except as amended by conditions herein.
4.
5.
building permit.
6.
7.
8.
JB
SUP-58165 and SDR-58166 [PRJ-57868]

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Site Development Plan Review and Special Use Permit for a proposed
Tavern-Limited Establishment use within a commercial space located at 322 Fremont Street. The
proposed Tavern-Limited Establishment is 6,562 square feet in size with seating for 141 people.
The applicant has proposed a 3,600 square-foot building addition to create a second floor rooftop deck which represents a 55% increase in floor area, which requires a Major, Site
Development Plan Review. The applicant has indicated that the proposed establishment will
provide live entertainment at least two nights per week. Staff has determined that the proposed
use can be conducted in a compatible and harmonious manner with the existing surrounding land
uses; therefore, staff recommends approval of this application. If denied, the applicant will not be
allowed to conduct the Tavern-Limited Establishment use at this location.
ISSUES
The Tavern-Limited Establishment use is permitted in the C-2 (General Commercial) zoning
district with the approval of a Special Use Permit.
The City Council approved Rezoning (Z-0100-64) from R-1 (Single Family
Residential), R-4 (High Density Residential), C-1 (Limited Commercial), C-2
(General Commercial) and C-V (Civic) to C-2 (General Commercial) for
12/16/64
approximately 230 Acres generally located on property bounded by Main
Street to the west, Bonanza Road on the north, Las Vegas Boulevard on the
east, and Charleston Boulevard on the south, Wards 1 and 3. The Planning
Commission recommended approval on 12/10/64.
The applicant withdrew without prejudice a request for a Special Use Permit
(SUP-55682) for a proposed 2,467 square-foot Liquor Establishment (Tavern)
with a Waiver to allow a 130-foot distance separation from a Liquor
03/10/15
Establishment (Tavern) and a 1,200-foot distance separation from a
Church/House of Worship where 1,500 feet is the minimum distance
separation required at 322 Fremont Street. The item was held in abeyance at
the 01/13/15 Planning Commission Meeting.
JB
SUP-58165 and SDR-58166 [PRJ-57868]


10/19/07

A business license (L15-00073) was issued for Package Liquor at 322
Fremont Street. The license is still active.
A business license (C05-01555) was issued for Tobacco Dealer at 322
12/13/91
A business license (G50-03258) was issued for General Retail Sales at 322
A business license (R10-00699) was issued for a Restaurant at 322 Fremont
10/30/97
Street. The license is still active.
A building permit (#55057) was issued for a re-roofing consisting of the 11/29/05
removal and replacement of the roof membrane only. The permit has not been
finalized.
A code enforcement case (#143111) was processed for a broken plexiglass
sign above this location that poses a hazard if it was to break loose and fall to
07/01/14
the ground. This sign has been broken for the past 2 years and needs to be
replaced. The case was resolved on 08/05/14.
A pre-application meeting was held with the applicant to discuss the submittal
02/10/15
process for the Site Development Plan Review and Special Use Permit for a
proposed Tavern-Limited Establishment use.
Field Check
03/05/15
A field inspection was conducted by staff which revealed a well maintained

commercial site located under the Fremont Street Experience canopy.

Site Area
Net Acres
0.14
JB
SUP-58165 and SDR-58166 [PRJ-57868]

Surrounding
Property
Existing Land Use

Per Title 19.12
Planned or Special
Subject Property
General Retail
C (Commercial)
North
General Retail
C (Commercial)
South
Right-of-Way
ROW (Right-Of-Way)
East
General Retail
C (Commercial)
West
General Retail
C (Commercial)

C-2 (General
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)
Master Plan Areas

Downtown Centennial Plan
Downtown Centennial Plan Overlay District (Central Casino Core)
A-O (Airport Overlay) District (200 Feet)
Downtown Casino Overlay District
Live/Work Overlay District
Trails
Compliance
Y
Compliance
Y
Y
Y
Y
Compliance
N/A
Y
N/A
N/A
Pursuant to Downtown Centennial Plan, the following standards apply:
Standard
Required/Allowed
Provided
Compliance
Min. Setbacks
Front
70% along Property Line
100%
Y
Side
N/A
0 Feet
Y
Corner
70% along Property Line
N/A
Y
N/A
0 Feet
Y
Rear
Dumpster
Trash Enclosure
N*
Roof or Trellis
in Alley
Mech. Equipment
Screened
Screened
Y
*On-site trash pick-up will remain at its existing location in the adjacent alley way to the north,
which has an existing container for trash.
JB
SUP-58165 and SDR-58166 [PRJ-57868]

Street Name
Functional
Classification of
Street(s)
Fremont Street
Pedestrian Plaza
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Planned Streets and

Highways Map
80 Feet
Parking Requirement - Downtown
Base Parking Requirement
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
1:50 SF of
6,562 SF
seating
Liquor
(3,440 SF
area plus
Establishment seating area
85
1:200 of
(Tavern)
3,122 SF back
remaining
of house)
floor area
85
0
N*
81
4
0
0
N*
*Projects located within the Las Vegas Downtown Centennial Plan area are not subject to the
automatic application of parking requirements. However, the above table should be used to illustrate
the requirements of an analogous project in another location in the City.
ANALYSIS
A Tavern-Limited Establishment is described in Title 19.12 as: An establishment that is
licensed with a tavern-limited license in accordance with LVMC Chapter 6.50. There are no
Minimum Special Use Permit Requirements for this use. This use is permitted in the C-2
(General Commercial) zoning district with an approved Special Use Permit.
This project is located in the Las Vegas Downtown Centennial Plan Central Casino Core in the
pedestrian mall controlled and operated by the Fremont Street Experience. The applicant has
proposes to construct a second story 3,600 square-foot rooftop deck addition to an existing
building, which represents a 55% increase in floor area triggering the requirement for a Major,
Site Development Plan Review. The new rooftop deck area is intended to operate in conjunction
with a 2,962 square-foot tenant space located on the first floor for a proposed Tavern-Limited
Establishment at 322 Fremont Street. The existing commercial development provides shared
access and parking throughout the subject site, through the utilization of existing parking lots in
the area.
JB
SUP-58165 and SDR-58166 [PRJ-57868]

The applicant has indicated that the proposed establishment will host a live DJ at least two nights
per week. The applicant has indicated there will be a modern dcor throughout the venue with
the rooftop deck providing a bar with televisions for watching sporting and other events. In
addition, patrons will also be able to watch the Pedestrian Malls light show. The downstairs area
will provide another bar, along with gourmet baked goods and snacks. The submitted floor plan
indicates the first floor function as a restaurant and bar, with the second floor utilized as a
rooftop bar. There is elevator access to the second floor.
The subject site currently has an existing general retail and restaurant land use. The proposed
second story 3,600 square-foot rooftop deck addition development is oriented directly above the
existing storefronts. The submitted building elevations indicate the proposed building will be 44
feet in height to the top of the parapet, and will be accented with a colorful brick and metal
facade and new area for signage to avoid expressionless walls. All rooftop mechanical equipment
has been shielded from view by the use of parapet walls with a canopy on the ground floor of a
building. The proposed use and design of this proposal will make a positive contribution to the
urban design for the residents in the immediate area and of the community at large. Staff
recommends approval of the requested Special Use Permit to allow a Tavern-Limited
Establishment use and the Site Development Plan Review for the proposed second story addition
to the existing structure.
1.
The proposed Tavern Limited Establishment is located in the Downtown Centennial
Plan overlay and will serve as an establishment which provides live entertainment
through the use of a DJ at least two times per week, which is complimentary to the other
restaurants and taverns in the neighborhood and is the type of use that is encouraged in
the Downtown Overlay District. It can be conducted in a manner that is harmonious and
compatible with the surrounding land uses, and with the future surrounding land uses.
2.
The subject site can physically accommodate the proposed Tavern-Limited
Establishment use and is in close proximity other similar land uses in the area.
JB
SUP-58165 and SDR-58166 [PRJ-57868]

3.
Access to the site will not change. There is no vehicle access to the subject site. The site is
accessed by pedestrian mall under the canopy controlled by the Fremont Street
Experience. Fremont Street is an 80-foot Major Collector, as classified by the Master Plan
of Streets and Highways. This street is sufficient in size to accommodate the needs of the
proposed use. The parking standards of Title 19 are not automatically applied for proposals
within the Downtown Centennial Plan; however, the applicant anticipates utilizing nearby
public parking-lots and on-street parking meters to satisfy the developments parking
demand. Staff finds that a sufficient amount of available parking is located within a oneblock radius of this proposal.
4.
General Plan.
Approval of this proposed Special Use Permit will not compromise the public health,
safety and general welfare of the public. The use will be subject to regular inspections
and is subject to licensing restrictions.
5.
The proposed use meets all applicable conditions for a Tavern-Limited Establishment
per Title 19.12.
1.

The proposed Tavern-Limited Establishment is located in the Downtown Centennial
Plan overlay and will serve as a as an establishment which provides live entertainment
through the use of a DJ at least two times per week, which is complimentary to the other
restaurants and taverns in the neighborhood and is the type of use that is encouraged in
the Downtown Overlay District.
JB
SUP-58165 and SDR-58166 [PRJ-57868]

2.
This project is consistent with the General Plan and the uses allowed in the Downtown
Centennial Plan Overlay District.
3.

Access to the site will not change. There is no vehicle access to the subject site. The site
is accessed by pedestrian mall under the canopy controlled by the Fremont Street
Experience. Fremont Street is an 80-foot Major Collector, as classified by the Master
Plan of Streets and Highways. This street is sufficient in size to accommodate the needs
of the proposed use. The parking standards of Title 19 are not automatically applied for
proposals within the Downtown Centennial Plan; however, the applicant anticipates
utilizing nearby public parking-lots and on-street parking meters to satisfy the
developments parking demand. Staff finds that a sufficient amount of available parking
is located within a one-block radius of this proposal.
4.
The building will be constructed with a colorful brick and metal panel faade accented
with articulated roof lines and ground level canopy, which is appropriate for this area of
the city.
5.

The proposed building elevations have been designed with articulated roof lines and
materials to prevent blank and expressionless walls and a canopy on the ground floor of
a building. All roof mounted mechanical equipment has been screened from view using
parapet walls to meet architectural design standards.
6.
general welfare.
The proposed development is subject to permit review and inspection; therefore,
appropriate measures will be taken to protect the health, safety and general welfare.
JB
SUP-58165 and SDR-58166 [PRJ-57868]

NOTICES MAILED
195
APPROVALS
PROTESTS
36
JB
SUP-58165
SUP-58165
SUP-58165 and SDR-58166
SUP-58165 and SDR-58166
SUP-58165 and SDR-58166
SUP-58165 and SDR-58166
SUP-58165 and SDR-58166
SUP-58165 and SDR-58166
SUP-58165 and SDR-58166
SUP-58165 [PRJ-57868] - SPECIAL USE PERMIT RELATED TO SDR-58166 - APPLICANT/OWNER: THREE

TWENTY TWO, LLC
322 FREMONT STREET
03/05/15
SUP-58165 and SDR-58166

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
SDR-58166 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-58165 - PUBLIC
HEARING - APPLICANT/OWNER: THREE TWENTY TWO, LLC - For possible action on a
request for a Site Development Plan Review TO ADD 3,600 SQUARE FEET OF FLOOR
AREA TO AN EXISTING 6,300 SQUARE-FOOT COMMERCIAL SPACE WITH FACADE
IMPROVEMENTS at 322 Fremont Street (APN 139-34-510-026), C-2 (General Commercial)
Zone, Ward 5 (Barlow) [PRJ-57868]. Staff recommends APPROVAL.
RECOMMENDATION:
1. Consolidated Back up

paper use, backup
SDR-58166
SDR-58166

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
SUP-58161 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: MARKET &
SMOKES - OWNER: PATRICIA WONG - For possible action on a request for a Special Use
Permit FOR A PROPOSED RETAIL ESTABLISHMENT WITH ACCESSORY PACKAGE
LIQUOR OFF-SALE USE WITHIN A PROPOSED 5,300 SQUARE-FOOT GENERAL
RETAIL STORE at 5900 West Cheyenne Avenue (APN 138-12-416-007), C-1 (Limited
Commercial) Zone, Ward 5 (Barlow) [PRJ-58053]. Staff recommends APPROVAL.
RECOMMENDATION:
1. Location, Aerial and Special Maps
4. Photo(s)
6. Protest and Support Postcards
SUP-58161 [PRJ-58053]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: MARKET & SMOKES - OWNER: PATRICIA
WONG
CASE
NUMBER
SUP-58161
RECOMMENDATION
REQUIRED FOR
APPROVAL
** CONDITIONS **
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Retail
Establishment with Accessory Package Liquor Off-Sale use.
2.
3.
4.
5.
6.
Municipal Code.
7.
JB
SUP-58161 [PRJ-58053]
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit for a proposed Retail Establishment with Accessory
Package Liquor Off-Sale use within an a proposed general retail use at 5900 West Cheyenne
Avenue. The proposed general retail store is 5,300 square feet in size with 257 square-feet of
space used for the display of alcoholic beverages. The Retail Establishment with Accessory
Package Liquor Off-Sale use will be ancillary to the proposed general retail store. As this request
meets all the minimum Special Use Permit requirements and can be conducted in a compatible
and harmonious manner within the proposed general retail use, staff recommends approval of
this application. If denied, the applicant will not be allowed to conduct the Retail Establishment
with Accessory Package Liquor Off-Sale use at this location.
ISSUES
The Retail Establishment with Accessory Package Liquor Off-Sale use is permitted in the C1 (Limited Commercial) zoning district with the approval of a Special Use Permit.
The City Council approved a Rezoning (Z-0120-78) for a reclassification of
property from R-1 (Single Family Residential) to C-1 (Limited Commercial)
02/21/79
on property located on the northeast corner of Jones Boulevard and Cheyenne
Avenue.
The City Council approved a Plot Plan and Building Elevation Review [Z09/22/87
0120-78(1)] for the commercial retail center located on the northeast corner of
Jones Boulevard and Cheyenne Avenue.
The Planning Commission approved a request for a Plot Plan Review [Z0120-78(2)] for a proposed 5,500 square-foot retail store on property located
08/12/99
on the north side of Cheyenne Avenue, approximately 650 feet east of Jones
Boulevard.

12/01/00
JB
SUP-58161 [PRJ-58053]

A Code Enforcement Case (#2259) was processed for tree branches hanging
08/09/03
in the right-of-way at 5900 West Cheyenne Avenue. The case was resolved
on 08/25/03.
A Code Enforcement Case (#81288) was processed for graffiti on the top of
08/27/09
the building at 5900 West Cheyenne Avenue. The case was resolved on
09/16/09.
A Code Enforcement Case (#83094) was processed for bright orange graffiti
10/14/09
on the building at 5900 West Cheyenne Avenue. The case was resolved on
10/20/09.
A Code Enforcement Case (#83774) was processed for graffiti on the building
11/04/09
at 5900 West Cheyenne Avenue. The case was resolved on 11/17/09.
12/07/09
02/23/10
A Code Enforcement Case (#88888) was processed for graffiti on the top of
04/12/10
the building at 5900 West Cheyenne Avenue. The case was resolved on
05/27/10.
A Code Enforcement Case (#92746) was processed for graffiti on the bottom
of the building and block wall by the same area facing Cheyenne Avenue in
07/14/10
big 3-foot letters at 5900 West Cheyenne Avenue. The case was resolved on
07/16/10.
A Code Enforcement Case (#107352) was processed for a church operating
10/31/11
without a certificate of occupancy at 5900 West Cheyenne Avenue. The case
was resolved on 12/10/12.
A Code Enforcement Case (#107922) was processed for banners on the
11/21/11
building at 5900 West Cheyenne Avenue. The case was resolved on 12/14/11.
A Code Enforcement Case (#126559) was processed for high weeds and grass
03/20/13
A Code Enforcement Case (#150373) was processed for graffiti at 5900 West
02/05/15
Cheyenne Avenue. The case was resolved on 02/22/15.
A pre-application meeting was conducted with the applicant to go over the
application materials and submittal requirements for a Special Use Permit for
02/23/15
a proposed Retail Establishment with Accessory Package Liquor Off-Sale
use.
JB
SUP-58161 [PRJ-58053]
A neighborhood meeting was held at the location of 3150 North Buffalo
Drive at 5:30pm to discuss the proposed Special Use Permit for a proposed
Retail Establishment with Accessory Package Liquor Off-Sale use within a
proposed 5,300 square-foot general retail store at 5900 West Cheyenne Ave,
Assessors Parcel 138-12-416-007. There were 15 members of the public that
attended the meeting.
03/05/15
During the meeting the following concerns were raised:

Concerns were raised over the potential increase in traffic to the
subject site.
o The applicant explained that the subject tenant space was part
of a larger shopping center and that traffic to the site would be
similar to other retail uses which have been within the
shopping center. He also indicated that the majority of the
shopping center was currently vacant.
Concerns were raised regarding a potential over-saturation of alcohol
uses in the area, because of other businesses in the area which offer
similar services.
o The applicant indicated alcohol will be a small part of the
overall services and items provided at the site. He stressed the
fact that they are limited to 10% of the retail floor area by Title
19 requirements.
Concerns were raised over whether or not there would be security
guards provided on-site. Also, constituents were concerned about what
steps the applicant will take to prevent the subject property from being
vandalized in the future, because that was an issue in the past at that
subject location.
o The applicant explained that the subject tenant space would
continue to be monitored by the existing security provided by
the Shopping Center.
o The applicant also indicated that he would be installing 24
security cameras to the subject tenant space. In addition, he
would also paint over any new graffiti the day it happens to
help deter further vandalism of the property.
One constituent asked what the proposed hours of operation would be.
o The applicant indicated that no hours of operation have been
set at this time.
One constituent asked if gas pumps were associated with this request.
o The applicant indicated that no gas pumps were associated
with this request.
Many constituents voiced concerns about wanting another big-box
retailer in the Shopping Center since it has been vacant for so long.
JB
SUP-58161 [PRJ-58053]
Field Check
03/05/15
A routine field check was conducted by staff found a bag of trash and dead
vegetation in the landscape buffer area around the subject tenant space. There
was also a building address number missing from the building frontage facing
Cheyenne Avenue.

Site Area
Net Acres
0.49
Surrounding
Property
Subject Property
North
South
East
West
Existing Land Use

Per Title 19.12
Shopping Center
Single-Family
Residential
Single-Family
Residential
General Retail
Planned or Special
SC (Service
Commercial)
L (Low Density
Residential)
R (Rural Density
Residential)
SC (Service
Commercial)
Multi-Family
Residential
M (Medium Density
Residential)
Single-Family
Residential
Financial Institution,
General
Auto Repair Garage,
Minor
Mini Storage
Facility
L (Low Density
Residential)
SC (Service
Commercial)
SC (Service
Commercial)
SC (Service
Commercial)

C-1 (Limited
Commercial)
R-1 (Single Family
Residential)
C-1 (Limited
Commercial)
R-PD25 (Residential
Planned Development
25 Units per Acre)
R-1 (Single Family
Residential)
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)
Master Plan Areas

Compliance
N/A
Compliance
Y
Compliance
Trails
N/A
N/A
N/A
Y*
*The subject site is located approximately 125 feet away from the Citys boundary with the Clark
County.
JB
SUP-58161 [PRJ-58053]
Street Name
Cheyenne Avenue
Jones Boulevard
Functional
Classification of
Street(s)
Expressway
Major Collector
Governing Document
Planned Streets and
Highways Map
Planned Streets and
Highways Map
Actual
Street Width
(Feet)
Compliance
with Street
Section
100 Feet
80 Feet
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Shopping
83,161 SF
1:250 SF
333
Center
333
479
Y
325
8
467
12
Y
ANALYSIS
This is a request for a Special Use Permit for a proposed Retail Establishment with Accessory
Package Liquor Off-Sale use within an a proposed general retail use at 5900 West Cheyenne
Avenue. The proposed general retail store is 5,300 square feet in size with 257 square-feet of
space used for the display of alcoholic beverages. The submitted floor plan indicates that
package liquor will be displayed behind the sales register, with additional space dedicated to beer
and wine on the retail sales floor area. The Retail Establishment with Accessory Package Liquor
Off-Sale use will be ancillary to the proposed general retail store.
The subject tenant space is located within an existing 83,161 square-foot shopping center, which
provides shared access and 479 parking spaces throughout the subject site. This proposal adheres
to all minimum parking requirements.
A Retail Establishment with Accessory Package Liquor Off-Sale is described in Title 19.12 as:
A retail establishment:
1. Whose license to sell alcoholic beverages authorizes their sale to consumers only and
not for resale, in original sealed or corked containers, for consumption off the premises
where the same are sold; and
JB
SUP-58161 [PRJ-58053]
2. In which the sale of alcoholic beverages is ancillary to the retail use, and in which no
more than 10 percent of the retail floor space is regularly devoted to the display or
merchandising of alcoholic beverages. This use includes an establishment that provides
on-premises wine, cordial and liqueur tasting if the licensee also holds a wine, cordial and
liqueur tasting license for that location.
Minimum Special Use Permit Requirements:
* 1. Except as otherwise provided, no retail establishment with accessory package liquor off-sale
(hereinafter establishment) shall be located within 400 feet of any church/house of worship,
school, individual care center licensed for more than 12 children, or City park.
The subject site is not located within 400 feet of any church/house of worship, school, individual
care center licensed for more than 12 children, or City park.
* 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.
Not applicable, as there is no church/house of worship, school, individual care center licensed
for more than 12 children, or City park within 400 feet of the subject property.
* 3. In the case of an establishment proposed to be located on a parcel of at least 80 acres in size,
the minimum distances referred to in Requirement 1 shall be measured in a straight line:
a. From the nearest property line of the existing use to the nearest portion of the structure
in which the establishment will be located, without regard to intervening obstacles; or
b. In the case of a proposed establishment which will be located within a shopping center
or other multiple tenant structure, from the nearest property line of the existing use to the
nearest property line of a leasehold or occupancy parcel in which the establishment will
be located, without regard to intervening obstacles.
Not applicable, as the subject site is located in a 8.38 acre commercial subdivision.
JB
SUP-58161 [PRJ-58053]
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.
Not applicable, as there are no waivers of distance separation from protected uses required with
this proposal.
5. The minimum distance requirements in Requirement 1 do not apply to:
a. 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; or
b. A proposed establishment having more than 50,000 square-feet of retail floor space.
This condition is not applicable as the subject site is not located within a an establishment which
has a non-restricted gaming license in connection with a hotel having 200 or more guest rooms
or a proposed establishment having more than 50,000 square feet of retail floor space.
* 6. 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.
7. The minimum distance requirements set forth in Requirement 1, which are otherwise nonwaivable under the provisions of LVMC 19.12.050(C), may be waived:
a. In accordance with the provisions of LVMC 19.12.050(C) for any establishment which
is proposed to be located on a parcel within the Downtown Casino Overlay District;
b. In accordance with the applicable provisions of the Town Center Development
Standards Manual for any establishment which is proposed to be located within the TC
(Town Center) Zoning District and which is designated MS TC (Main Street Mixed Use)
in the Town Center Land Use Plan;
c. In connection with a proposed establishment having between 20,000 square feet and
50,000 square feet of retail floor space; or
d. In connection with a retail establishment having less than 20,000 square feet of retail
floor space, if the area to be used for the sale, display or merchandising of alcoholic
beverages
Not applicable, as there are no waivers of distance separation from protected uses required with
this proposal.
JB
SUP-58161 [PRJ-58053]
According to the justification letter and floor plan, the proposed use meets the definition outlined
above. The proposed Retail Establishment with Accessory Package Liquor Off-Sale use adheres
to all minimum special use permit requirements as outlined by Title 19.12. The subject site is not
located within 400 feet of any church/house of worship, school, individual care center licensed
for more than twelve children, or City Park. In addition, staff has added a condition of approval
requiring the business conform to all provisions of LVMC Chapter 6.50 with regards to running
a Retail Establishment with Accessory Package Liquor Off-Sale use. It has been determined that
the proposed Retail Establishment with Accessory Package Liquor Off-Sale use can be
conducted in a manner that is compatible with the surrounding land uses, therefore, staff is
recommending approval, as the use is considered appropriate for the surrounding area.
1.
The proposed Retail Establishment with Accessory Package Liquor Off-Sale use will be
ancillary to the proposed general retail store at the subject site. The proposed use is
compatible with the surrounding land uses and can be conducted in a manner that is
harmonious with surrounding land uses.
2.
The subject site will operate as a general retail use and is located within an existing
commercial building that is physically suitable for the intensity of the proposed land use.
3.
Access to the site will not change. Vehicles may enter the property from Cheyenne
Avenue, a 100-foot Expressway, and Jones Boulevard, a 80-foot Major Collector as
classified by the Master Plan of Streets and Highways.
4.
General Plan.
JB
SUP-58161 [PRJ-58053]
5.
The proposed use meets all applicable conditions of approval for a Retail Establishment
with Accessory Package Liquor Off-Sale use per Title 19.12.
NOTICES MAILED
674
APPROVALS
PROTESTS
15
JB
SUP-58161
SUP-58161
SUP-58161
SUP-58161
SUP-58161
SUP-58161
SUP-58161
SUP-58161 [PRJ-58053] - SPECIAL USE PERMIT - APPLICANT: MARKET & SMOKES - OWNER:
PATRICIA WONG
5900 WEST CHEYENNE AVENUE
03/05/15
SUP-58161 [PRJ-58053] - SPECIAL USE PERMIT - APPLICANT: MARKET & SMOKES - OWNER:
PATRICIA WONG
5900 WEST CHEYENNE AVENUE
03/05/15
7
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SUP-58161
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7
SUP-58161

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
SUP-58162 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: SMART
CLEANING SOLUTIONS, LLC - OWNER: 2834 EAST CHARLESTON SUB-SER, LLC - For
possible action on a request for a Special Use Permit FOR A 1,155 SQUARE-FOOT
BUILDING MAINTENANCE SERVICE AND SALES USE at 2834 East Charleston Boulevard
(APN 139-36-402-013), C-1 (Limited Commercial) Zone, Ward 3 (Coffin) [PRJ-58048]. Staff
recommends APPROVAL.
RECOMMENDATION:
4. Photo(s)
SUP-58162 [PRJ-58048]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: SMART CLEANING SOLUTIONS, LLC OWNER: 2834 EAST CHARLESTON SUB-SER, LLC
CASE
NUMBER
SUP-58162
RECOMMENDATION
REQUIRED FOR
APPROVAL
** CONDITIONS **
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Building
Maintenance Services and Sales use.
2.
3.
A revised landscape plan shall be submitted to and approved by the Department of Planning
Department prior to the time application is made for a Business License, to reflect
enhancements to the existing landscape buffer area adjacent to Charleston Boulevard which
incorporate the use of shrubs and trees.
4.
Prior to the issuance of a business license, all Title 19.08.040(E)(4)(e) outdoor storage area
screening requirements must be fulfilled and all walls must be brought into compliance with
Title 19.08 development standards prior to any area being utilized for outdoor storage on the
subject property. In addition, the existing razor wire must be removed from all wall and
fences.
5.
JB
SUP-58162 [PRJ-58048]
Conditions Page Two
6.
7.
Municipal Code.
8.
JB
SUP-58162 [PRJ-58048]
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit to establish a 1,155 square-foot Building Maintenance
Services and Sales use within an existing commercial building at 2834 East Charleston
Boulevard. The subject site is located with the C-1 (Limited Commercial) zoning district. As this
request meets all the minimum Special Use requirements and can be conducted in a compatible
and harmonious manner within the existing commercial building, staff recommends approval of
this application. If denied, the applicant will not be allowed to conduct the Building Maintenance
Services and Sales use at this location.
ISSUES
The Building Maintenance Services and Sales use is permitted in the C-1 (Limited
Commercial) zoning district with the approval of a Special Use Permit.
The City Council approved a request for a Rezoning and Plot Plan Review (Z0028-89) from R-1 (Single Family Residential) to C-1 (Limited Commercial)
05/03/89
for a proposed parking use on property located on the north side of Charleston
Boulevard, between 28th Street and 30th Street.
The Planning Commission voted to Table a request for a Site Development
Plan Review [Z-0074-02(1)] and a Waiver of the On-Site Landscape
10/10/02
Requirements for a 1,800 square-foot commercial building on 0.52 acres
located at 2834 East Charleston Boulevard
The City Council accepted the request to withdraw without prejudice a
request for a Rezoning (Z-0074-02) from C-1 (Limited Commercial) to C-2
(General Commercial) on approximately 0.52 acres located at 2834 East
Charleston Boulevard.
11/20/02
The City Council accepted the request to withdraw without prejudice a
request for a General Plan Amendment (GPA-0031-02) to amend a portion of
Southeast Sector Plan from SC (Service Commercial) to GC (General
Commercial) on approximately 0.52 acres located at 2834 East Charleston
Boulevard.
JB
SUP-58162 [PRJ-58048]

12/13/13

A building permit (#89049491) was issued for a tenant improvement remodel
12/11/89
(Southern Nevada State Savings) at 2834 East Charleston Boulevard. The
permit was finalized 09/02/90.
A building permit (#90054075) was issued for a masonry wall (Southern
01/23/90
Nevada Credit Union) at 2834 East Charleston Boulevard. The permit was
finalized 01/25/90.
A Code Enforcement case (#10022) was processed for an illegal vendor at
02/17/04
2834 East Charleston Boulevard. The case was resolved on 02/18/04.
A business license (#C25-00313) was issued for a contractor (Panelized
01/25/05
Structures Inc.) at 2834 East Charleston Boulevard. The license is still active.
A Code Enforcement case (#63310) was processed for an illegal temporary
and window signage at 2834 East Charleston Boulevard. The case was
resolved on 04/08/08.
03/11/08
A Code Enforcement case (#63311) was processed for an illegal temporary
and window signage at 2834 East Charleston Boulevard. The case was
A business license (#B20-02210) was issued for business support services
(The Professional Multiservices) at 2834 East Charleston Boulevard. The
license was marked inactive on 12/08/14.
12/26/13
A business license (#A23-02634) was issued for a business support service
(The Professional Multiservices) at 2834 East Charleston Boulevard. The
license was marked inactive on 12/09/14.
A business license (#G62-10199) was issued for a Repair and Maintenance
use (Smart Cleaning Solutions) at 2834 East Charleston Boulevard. The
12/16/14
application for the license indicates the license was for office use only. The
license is still active.
A pre-application meeting was conducted with the applicant to go over the
02/19/15
application materials and submittal requirements for a Special Use Permit for
a proposed Building Maintenance Services and Sales use.
A neighborhood meeting is not required, nor was one conducted.
JB
SUP-58162 [PRJ-58048]
Field Check
03/05/15
A routine field check was conducted by staff and found that the rear yard area
of the subject site was being utilized for outdoor storage and that the current
screening walls on-site do not meet 19.08.040(E)(4)(e) outdoor storage area
screening requirements. Also, in the front yard area there is an existing chain
link fence which does not meet current Title 19.08 development standards for
size and placement. In addition, the existing wall and fence on-site has razor
wire along the top of it, which is not a permitted wall material.

Site Area
Net Acres
0.52
Surrounding
Property
Existing Land Use

Per Title 19.12
Building
Maintenance
Services and Sales
Planned or Special
SC (Service
Commercial)
C-1 (Limited
Commercial)
North
Multi-Family
Residential
H (High Density
Residential)
South
General Retail
East
General Retail
West
Restaurant w/ Drive
Through
Subject Property
CT (Commercial
Tourist) Clark County
Designation
SC (Service
Commercial)
SC (Service
Commercial)
R-PD34 (Residential
Planned Development
34 Units per Acre)
C-2 (General
Commercial) - Clark
County Designation
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)
Master Plan Areas

No Applicable Special Purpose or Overlay Districts
Trails
Compliance
N/A
Compliance
N/A
Compliance
N/A
N/A
N/A
N/A
JB
SUP-58162 [PRJ-58048]
Street Name
Functional
Classification of
Street(s)
Charleston
Boulevard
Primary Arterial
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Planned Streets and

Highways Map
100 Feet
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Building
Maintenance
1,155 SF
1:300
4
Services and
Sales
4
4
Y*
4
0
4
0
Y*
*The subject sites parking area was approved in its current configuration with no handicapped
parking spaces per Rezoning and Plot Plan Review (Z-0028-89).
ANALYSIS
The applicant is proposing to establish a 1,155 square-foot Building Maintenance Services and
Sales use within an existing commercial building at 2834 East Charleston Boulevard. The subject
site is located with the C-1 (Limited Commercial) zoning district, which requires a Special Use
Permit for the proposed use.
A Building Maintenance Services and Sales use is described in Tile 19.12 as: A facility or area
for contracting services such as building repair and maintenance, the installation of plumbing,
electrical, air conditioning and heating equipment, janitorial services, and exterminating services.
The retail sale of supplies is permitted as an accessory use.
*1. Accessory outdoor storage must meet all requirements of LVMC 19.08.040(E)(4)(e),
irrespective of whether or not for purposes of LVMC 19.08.040(E)(4)(e) a Variance from its
requirements is granted pursuant to that provision and LVMC 19.16.140.
JB
SUP-58162 [PRJ-58048]
The applicant has proposed a 400 square-foot area dedicated to outdoor storage, located in the
rear yard area located behind the building and is screened from view from the public street by
an existing eight-foot tall fence with plastic meshing. The proposed outdoor storage area is also
not located within any required setback areas, landscaping buffer yards or other required
landscape areas, or parking spaces to meet minimum parking requirements. The subject property
has an existing five-foot wall that runs the western and northern perimeters of the property,
except for an approximately 55-foot portion of the eastern property line located in the rear yard
area. The applicant has proposed to install an eight-foot tall wall around the property, so as to
bring it into conformance with all Title 19.08.040(E)(4)(e) requirements. All Title
19.08.040(E)(4)(e) outdoor storage area screening requirements must be fulfilled prior to any
area being utilized for outdoor storage on the subject property.
*2. Accessory outdoor storage shall be limited to no more than 10% of the total lot area.
The proposed 400 square-foot Outdoor Storage area is approximately 1.8% of the total 22,651
square-foot lot, which is under the 10% maximum allowed.
According to the submitted justification letter and floor plan, the proposed use meets the
definition outlined above. The proposed Building Maintenance Services and Sales use adheres to
all minimum special use permit requirements as outlined by Title 19.12. It has been determined
that the proposed Building Maintenance Services and Sales use can be conducted in a manner
that is compatible with the surrounding land uses, therefore, staff is recommending approval, as
the use is considered appropriate for the surrounding area.
1.
The subject tenant space was previously approved to operate as a general office use. The
proposed Building Maintenance Services and Sales use is compatible with the surrounding
land uses and can be conducted in a manner that is harmonious with surrounding land uses.
2.
The subject site currently is an existing 1,155 square-foot commercial building that is
physically suitable for the intensity of the proposed land use.
JB
SUP-58162 [PRJ-58048]
3.
Access to the site will not change. Vehicles may enter the property from Charleston
Boulevard a 100-foot Primary Arterial as classified by the Master Plan of Streets and
Highways.
4.
General Plan.
5.
The proposed use meets all applicable conditions of approval for a Building
Maintenance Services and Sales use per Title 19.12. In addition, all Title
19.08.040(E)(4)(e) outdoor storage area screening requirements must be fulfilled prior
to any area being utilized for outdoor storage on the subject property.
NOTICES MAILED
112
APPROVALS
PROTESTS
37
JB
SUP-58162
SUP-58162
SUP-58162 - REVISED
SUP-58162 - REVISED
SUP-58162
SUP-58162
SUP-58162 [PRJ-58048] - SPECIAL USE PERMIT - APPLICANT: SMART CLEANING SOLUTIONS, LLC OWNER: 2834 EAST CHARLESTON SUB-SER, LLC
2834 EAST CHARLESTON BOULEVARD
03/05/15
03/05/15
03/05/15
03/05/15
03/05/15
03/05/15
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SUP-58162 - REVISED
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SUP-58162 - REVISED

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
SUP-58169 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: DESIGN TIME,
INC - OWNER: CENTENNIAL PHD, LLC - For possible action on a request for a Special Use
Permit FOR A PROPOSED BEER/WINE/COOLER ON-SALE ESTABLISHMENT USE
WITHIN A PROPOSED 1,121 SQUARE-FOOT GENERAL PERSONAL SERVICE USE
[ART STUDIO] WITH A WAIVER TO ALLOW A ZERO-FOOT DISTANCE SEPARATION
FROM AN INDIVIDUAL CARE CENTER USE WHERE 400 FEET IS REQUIRED at 6535
North Buffalo Drive, Suite #130 (APN 125-21-711-004), T-C (Town Center) Zone [SX-TC
(Suburban Mixed Use - Town Center) Special Land Use Designation], Ward 6 (Ross) [PRJ58089]. Staff recommends DENIAL.
RECOMMENDATION:
4. Photo(s)
SUP-58169 [PRJ-58089]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: DESIGN TIME, INC - OWNER: CENTENNIAL
PHD, LLC
CASE
NUMBER
SUP-58169
RECOMMENDATION
REQUIRED FOR
APPROVAL

conditions:
N/A
** CONDITIONS **
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Beer/Wine/Cooler
On-Sale Establishment use.
2.
3.
4.
building permit and business license.
5.
A Waiver from Title 19.12 is hereby approved, to allow a zero-foot distance separation from
a child care facility where 400 feet is required.
6.
7.
Municipal Code.
8.
MR
SUP-58169 [PRJ-58089]
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting approval of a Special Use Permit to serve beer, wine and wine
coolers in a proposed 1,121 square-foot General Personal Service use (an art and instruction
studio) located within an existing retail center at 6535 North Buffalo Drive, Suite #130. The site
is located within the T-C (Town Center) zoning district within the SX-TC (Suburban Mixed Use
- Town Center) Special Land Use designation. A distance separation Waiver accompanies this
application to allow a zero-foot distance separation from an Individual Care Center (a child care
facility) where 400 feet is required. The required Waiver reinforces the unsuitability of the
Beer/Wine/Cooler On-Sale use at this location. This use is not compatible with the other uses in
the surrounding neighborhood. For these reasons, staff recommends denial of the requested
Special Use Permit; however, if approved subject to conditions.
ISSUES
A Beer/Wine/Cooler On-Sale Establishment use is permitted in the SX-TC (Suburban

Mixed Use - Town Center) Special Land Use designation zoning district with the
approval of a Special Use Permit.
A Waiver to allow a zero-foot distance separation from an Individual Care Center use
where 400 feet is the minimum required. Staff does not support this Waiver, as there is
not an adequate buffer to mitigate the secondary impacts that may be caused ty the
proposed use and the protected use.
The City Council approved a Special Use Permit (U-0052-99) for the OffPremise Sale of Beer and Wine in conjunction with a proposed 3,783 square06/14/99
foot with a Waiver of the 400-foot distance separation from a City park. The
Planning Commission and staff recommended approval.
The City Council approved a Rezoning (Z-0074-99) request from U
(Undeveloped) Zone [T C (Town Center) General Plan Designation] to TC
03/01/00
(Town Center) with the proposed use of a 51,679 square-foot commercial
center on the northwest corner of Rome Boulevard and Sky Pointe Drive.
The Planning Commission and staff recommended approval.
MR
SUP-58169 [PRJ-58089]

The City Council approved a Site Development Plan Review [Z-0074-99 (1)]
for a 51,679 square-foot commercial center on the northwest corner of Rome
04/05/00
Boulevard and Sky Pointe Drive. The Planning Commission and staff
The Planning Commission approved a Withdrawal Without Prejudice request
for General Plan Amendment (GPA-2046) of Map 4 of the Centennial Hills
01/22/04
Sector Plan from SX-TC (Suburban Mixed Use Town Center) to SC-TC
(Service Commercial-Town Center).
The City Council approved a Withdrawal Without Prejudice request for
General Plan Amendment (GPA-3439) of Map 4 of the Centennial Hills
02/18/04
Sector Plan from SX-TC (Suburban Mixed Use Town Center) to SC-TC
(Service Commercial-Town Center).
The City Council approved a Major Amendment (SDR-4726) request to Site
Development Plan Review [Z-0074-99 (1)] for two commercial pads totaling
09/15/04
16,000 square feet, where three pads totaling 10,754 square feet were
previously approved. The Planning Commission and staff recommended
approval.

02/18/05

A building permit (#5001688) was issued for the building shell at 6535 North
03/18/05
Buffalo Drive. The permit was finalized on 04/03/06.
A building permit (#5001689) was issued for on-site improvements at 6535
03/18/05
North Buffalo Drive. The permit expired on 09/17/05.
A building permit (#6002349) was issued for a tenant improvement at 6535
03/29/06
North Buffalo Drive, Suite #130. The permit expired on 03/03/07.
A business license (G50-09231) was issued for General Retail Sales at 6535
09/11/13
North Buffalo Drive, Suite #120. The license was marked inactive on
12/08/15.
A pre-application meeting was held with the applicant to discuss the Special
02/25/15
Use Permit submittal requirements for Beer/Wine/Cooler On-Sale
Establishment use.
MR
SUP-58169 [PRJ-58089]
Start Time: 6:00 pm
Finish Time: 6:18 pm
Attendance: Citizens: 0, City Staff: 1, Council Staff: 0, Representative: 4
03/25/15
No concerns were raised.
Field Check
03/05/15
A field check conducted on the subject property found the site clean and well
maintained.

Site Area
Net Acres
5.18
Surrounding
Property
Subject Property
North
South
East
West
Existing Land Use

Per Title 19.12
Shopping Center
Office other than
Listed
General Retail Store
Multi-Family
General Retail
Financial Institution,
Specified
Restaurant
Community
Recreational
Facility, Public
Individual Care
Center
U.S. 95
Master Plan Areas

Planned or Special
SX-TC [Suburban
Mixed Use (Town
Center)]

T-C (Town Center)
SX-TC [Suburban
Mixed Use (Town
Center)]
T-C (Town Center)
SX-TC [Suburban
Mixed Use (Town
Center)]
T-C (Town Center)
PF-TC [Public Facilities

(Town Center)]
T-C (Town Center)
Right-of-Way
N/A
Compliance
Y
MR
SUP-58169 [PRJ-58089]

Trails
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Shopping
58,339 SF
1:250 SF
234
Center
234
255
Y
226
8
245
10
Y
Waivers
Requirement
The Beer/Wine/Cooler use
requires a distance separation of
400 feet from an Individual
Care Center.
Request
To allow a zero-foot
distance separation
from an Individual
Care Center where 400
feet is the minimum
required.
Staff recommends denial of this
distance separation Waiver, as there is
not an adequate buffer between the
proposed use and the protected use.
ANALYSIS
The proposed use is located within the Town Center Master Plan area. The property is zoned SXTC (Suburban Mixed Use Town Center), which can be characterized as being similar to the
Service Commercial district with the addition of medium density residential being a permitted
use and is intended to enable development with imaginative adjacency standards. The proposed
Beer/Wine/Cooler On-Sale use is permissible in the SX-TC (Suburban Mixed Use Town
Center) Special Land Use designation with the approval of a Special Use Permit.
MR
SUP-58169 [PRJ-58089]
The minimum requirements of the Beer/Wine/Cooler/On-Sale Establishment use within Town

Center are that the use shall comply with all minimum conditions, standards and requirements
applicable to the use Beer/Wine/Cooler/On-Sale Establishment, as that use is permitted by
means of a Special Use Permit under LVMC Chapter 19.12.
The Beer/Wine/Cooler On-Sale Establishment use is defined by Title 19.12 as an establishment
whose license to sell alcoholic beverages is limited to the sale of beer, wine and coolers only for
consumption on the premises where the same is sold.
The proposed use meets the definition outlined above, as the provided floor plan and justification
letter detail the intent to sell alcoholic beverages in conjunction with a proposed retail
establishment during art lessons, private parties and team building events that will be conducted
in a studio environment. Lessons where alcohol is served will be restricted to individuals 21 year
of age and older.
The minimum Special Use Permit requirements for this use include:
1.
Except as otherwise provided, no Beer/Wine/Cooler on-sale establishment (hereinafter

establishment) shall be located within 400 feet of any church, synagogue, school, child
care facility licensed for more than 12 children, or City park.
The proposed use does not meet this requirement, as there is a child care facility
located zero-feet from the proposed Beer/Wine/Cooler On-sale establishment use. A
distance separation Waiver accompanies this application.
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:
b. Any parcel which lacks access to a public street or has no area for on-site parking
and which has been created so as to avoid the distance limitation described in
Requirement 1.
The proposed use meets this requirement, as the measurement is taken from the existing
property line of Buffalo 95 (Davis) Lot 1 of Plat Book 140 Page 42, located at the
northwest corner of Buffalo Drive and Sky Pointe Drive.
MR
SUP-58169 [PRJ-58089]
3.
In the case of an establishment proposed to be located on a parcel of at least 80 acres in

size, the minimum distances referred to in Requirement 1 shall be measured in a straight
line:
a. From the nearest property line of the existing use to the nearest portion of the
structure in which the establishment will be located, without regard to
intervening obstacles; or
b. In the case of a proposed establishment which will be located within a shopping
center or other multiple tenant structure, from the nearest property line of the
existing use to the nearest property line of a leasehold or occupancy parcel in
which the establishment will be located, without regard to intervening obstacles.
This requirement does not apply to the proposed use, as the parcel on which it is
proposed is less than 80 acres in size.
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.
These are instructions for the Planning Commission. They will have to determine if the
requested Waiver for a distance separation of zero feet from a child care facility should
be granted.
5.
The minimum distance requirements in Requirement 1 do not apply to:

a. An establishment which has a nonrestricted gaming license in connection with a
hotel having 200 or more guest rooms on or before July 1, 1992 or in connection
with a resort hotel having in excess of 200 guest rooms after July 1, 1992; or
b. A proposed establishment having more than 50,000 square feet of retail floor space.
Neither condition applies to this application.
6.
All businesses which sell alcoholic beverages shall conform to the provisions of LVMC
Chapter 6.50. (Nonwaivable)
The proposed use will be required to meet this requirement, as it is a condition of
approval of the Special Use Permit.
The applicant is requesting a Beer/Wine/Cooler On-Sale use within an existing 1,121 square-foot
general retail space at 6535 North Buffalo Drive, Suite #130.
MR
SUP-58169 [PRJ-58089]
The proposed Beer/Wine/cooler Off-Sale use would be located within an established Shopping
Center with retail and restaurant uses located throughout the site. The existing retail center
provides cross-access and shared parking throughout the entire commercial shopping center. No
additional parking is required for the proposed use, as the parking requirements were addressed
during the original development of the site.
The shopping center property line abuts a child care facility (an Individual Care Facility use for
more than 12 children) to the north. As the minimum distance separation is measured from
property line to property line, the proposed use fails to meet the required 400-foot distance
separation from an Individual Care Facility use. Staff cannot support this Waiver request, as the
intent of Title 19 is to protect the public welfare and ensure that a proposed use (an alcohol use)
does not adversely affect the less intense use (a child care facility). The secondary impacts
associated with the consumption of alcohol and the proximity (a zero-foot distance separation)
from the child care facility reinforces the unsuitability of the Beer/Wine/Cooler On-Sale
Establishment use with the surrounding neighborhood and existing land uses. For these reasons
staff recommends denial of this application; however, if approved subject to conditions.
1.
The proposed Beer/Wine/Cooler On-Sale use is not compatible with the surrounding land
uses. Title 19.12 requires that the propose use be located more than 400 feet from a Child
Care Facility licensed for more than 12 children to maintain adequate separation between
proposed use (a Beer/Wine/Cooler On-Sale Establishment) and the protected use (an
Individual Care Facility). The proposed use would be located zero feet from the protected
property to the north, thereby illustrating that the proposed use is incompatible with the
existing neighborhood and surrounding land uses.
2.
The proposed Beer/Wine/Cooler On-Sale Establishment use will operate within an
existing Shopping Center with shared access and parking throughout the commercial
development. The existing site is physically suitable for the proposed use.
3.
MR
SUP-58169 [PRJ-58089]
Access to the subject site is provided by Buffalo Drive, a 120-foot wide Parkway and Sky
Pointe Drive, a 90-foot wide Frontage Road as designated by the Town Center
Development Standards. Both streets provide adequate access for the proposed
Beer/Wine/Cooler On-Sale use.
4.
General Plan.
Approval of a Special Use Permit for the Beer/Wine/Cooler On-Sale Use will compromise
the public health, safety, or general welfare, as there is not sufficient distance from a
protected use (a child care facility).
5.
The proposed use does not meet all of the conditions per Title 19.12, as the applicant has
requested a Waiver to allow a zero-foot distance separation from a protected use (a child
care facility) where a 400-foot distance separation is required. Staff does not support the
requested distance separation Waiver.
NOTICES MAILED
166
APPROVALS
PROTESTS
29
MR
SUP-58169
SUP-58169
SUP-58169
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7
SUP-58169 [PRJ-58089] - SPECIAL USE PERMIT - APPLICANT: DESIGN TIME, INC - OWNER:
CENTENNIAL PHD, LLC
6535 NORTH BUFFALO DRIVE, SUITE #130
03/05/15
7
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SUP-58169

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
SUP-58173 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: HOLIDAY
HOUSE WINE AND SPIRITS - OWNER: RAINBOW COMMERCIAL, LLC - For possible
action on a request for a Special Use Permit FOR A PROPOSED 2,029 SQUARE-FOOT
PACKAGE LIQUOR OFF-SALE ESTABLISHMENT USE at 2300 North Rainbow Boulevard,
Suite #101 (APN 138-23-110-041), C-1 (Limited Commercial) Zone, Ward 5 (Barlow) [PRJ58088]. Staff recommends APPROVAL.
RECOMMENDATION:
4. Photo(s)
6. Protest Postcards
SUP-58173 [PRJ-58088]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: HOLIDAY HOUSE WINE AND SPIRITS OWNER: RAINBOW COMMERCIAL, LLC
CASE
NUMBER
SUP-58173
RECOMMENDATION
REQUIRED FOR
APPROVAL
N/A
** CONDITIONS **
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Package Liquor
Off-Sale Establishment use.
2.
3.
Safety.
4.
for building permit, as well as submitted as part of any business license application.
5.
6.
Municipal Code.
7.
MR
SUP-58173 [PRJ-58088]
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit for a proposed 2,029 square-foot Package Liquor OffSale Establishment located at 2300 North Rainbow Boulevard, Suite #101. The subject site is an
existing shopping center, which provides cross-access and shared parking throughout the entire
commercial center. The proposed use is not within 400 feet of any protected use and meets the
minimum Special Use Permit requirements for the Package Liquor Off-Sale Establishment use.
The proposed use can be conducted in a compatible and harmonious manner with the existing
shopping center and surrounding neighborhood. Staff recommends approval of this application.
ISSUES
A Package Liquor Off-Sale Establishment use is permitted in the C-1 (Limited

Commercial) zoning district with the approval of a Special Use Permit.
The City Council approved Rezoning (Z-0146-89) from N-U (Non-Urban) to
C-1 (Limited Commercial) on the property generally located east of Rainbow
02/07/90
Boulevard and south of Smoke Ranch Road. The Planning Commission and
staff recommended approval.
06/19/97
10/06/98
08/20/14
The Department of Planning administratively approved a Site Development

Plan Review [Z-0146-89(7)] for a 26,000 square-foot retail center on property
generally located east of Rainbow Boulevard and south of Smoke Ranch
Road.
The Board of Zoning Adjustment approved Variance (V-0064-98) request to
allow a 20-foot rear yard setback where 53 feet is required and to allow a
zero-foot side yard setback on the south property line where 10 feet is
required on the property generally located east of Rainbow Boulevard and
south of Smoke Ranch Road. Staff recommended approval.
The City Council approved a Special Use Permit (SUP-54292) request for a
Bee/Wine/Cooler On-Sale Establishment within an existing Restaurant at
2300 North Rainbow Boulevard, Suite #108. The Planning Commission and
staff recommended approval.
MR
SUP-58173 [PRJ-58088]

08/09/12

04/16/99
10/19/99
03/16/09
A building permit (#99006471) was issued for a building shell at 2300

North Rainbow Boulevard. The permit was finalized on 03/15/00.
A building permit (#99020215) was issued for a tenant improvement at
2300 North Rainbow Boulevard, Suite #108. The permit was finalized on
04/10/00.
A business license (G50-03136) was issued for General Retail Sales at
2300 North Rainbow Boulevard, Suite #101. The license was marked
inactive on 10/19/11.
A pre-application meeting was held with the applicants designated
representative to discuss the submittal requirements for a Special Use Permit
02/24/15
for a Package Liquor Off-Sale Establishment use at 2300 North Rainbow
Boulevard, Suite #101.
Field Check
03/05/15
A field check found that the subject property is clean and well maintained.

Site Area
Net Acres
2.63
Surrounding
Property
Subject Property
Existing Land Use

Per Title 19.12
Shopping Center
Planned or Special
SC (Service
Commercial)

C-1 (Limited
Commercial)
MR
SUP-58173 [PRJ-58088]
Surrounding
Property
North
South
East
West
Existing Land Use

Per Title 19.12
General Retail Store,
Other Than Listed
Liquor
Establishment
(Tavern)
Single Family,
Detached
Shopping Center
Planned or Special
SC (Service
Commercial)

C-1 (Limited
Commercial)
SC (Service
Commercial)
C-1 (Limited
Commercial)
ML (Medium Low
SC (Service
Commercial)
R-CL (Single Family

Compact-Lot)
C-1 (Limited
Commercial)
Master Plan Areas

Trails
Compliance
N/A
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Shopping
26,000 SF
1/250 SF
104
Center
104
140
Y
99
5
132
8
Y
ANALYSIS
The proposed Packaged Liquor Off-Sale Establishment use will be located in a C-1 (Service
Commercial) zoning district, in a commercial suite within an established Shopping Center. This
application is for a standalone liquor store that does not affect the parking requirements for the
MR
SUP-58173 [PRJ-58088]
Shopping Center use. There five businesses within a three blocks area that have a license to sell
beer, wine and wine cooler and there are three taverns that have the ability to sell package liquor;
however, there is not a package liquor store. The floor illustrates a number of slot machines that
are not part of this application and are subject to Title 6.40.
A Package Liquor Off-Sale Establishment use is described in Title 19.12 as: An establishment,
other than a retail establishment with package liquor off-sale, whose license to sell alcoholic
beverages authorizes their sale to consumers only and not for resale, in original sealed or corked
containers, for consumption off the premises where the same are sold. This use includes an
establishment that provides on-premises wine, cordial and liqueur tasting if the licensee also
holds a wine, cordial and liqueur tasting license for that location.
* 1. Except as otherwise provided, no package liquor off-sale establishment (hereinafter
establishment) shall be located within 400 feet of any church/house of worship, school,
individual care center licensed for more than 12 children, or City park.
The subject site is not located within 400 feet of any church/house of worship, school, individual
care center licensed for more than 12 children, or City park.
* 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:
b. Any parcel which lacks access to a public street or has no area for on-site parking and
which has been created so as to avoid the distance limitation described in Requirement 1.
The proposed use meets this requirement, as the measurement is taken from the existing property
line located approximately 176 feet south of the southeast corner of Smoke Ranch Road and
Rainbow Boulevard.
* 3. In the case of an establishment proposed to be located on a parcel of at least 80 acres in size,
the minimum distances referred to in Requirement 1 shall be measured in a straight line:
a. From the nearest property line of the existing use to the nearest portion of the structure
in which the establishment will be located, without regard to intervening obstacles; or
MR
SUP-58173 [PRJ-58088]
b. In the case of a proposed establishment which will be located within a shopping center
or other multiple tenant structure, from the nearest property line of the existing use to the
nearest property line of a leasehold or occupancy parcel in which the establishment will
be located, without regard to intervening obstacles.
This requirement does not apply to the proposed use, as the parcel on which it is proposed is less
than 80 acres in size.
4. The minimum distance requirements in Requirement 1 do not apply to:
a. 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; or
b. A proposed establishment having more than 50,000 square-feet of retail floor space.
Neither condition applies to the proposed use.
* 5. 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.
According to the submitted justification letter and floor plan, the proposed use meets the
definition outlined above. The subject site is not located within 400 feet of any protected use and
adheres to all minimum Special Use Permit requirements for the Package Liquor Off-Sale
Establishment use as detailed by Title 19.12. The proposed use can be conducted in a manner
that is compatible with the surrounding land uses. For these reasons staff recommends approval.
1.
The subject location consists of a proposed Package Liquor Off-Sale Establishment
located within an established Shopping Center along with other similar and compatible
uses. There are no protected uses within 400 feet of this property. The proposed use can be
conducted in a compatible and harmonious manner with the existing and future
neighborhood and land uses.
MR
SUP-58173 [PRJ-58088]
2.
The 26,000 square-foot Shopping Center is designed to accommodate a variety of retail,
restaurant and office uses. This site has adequate parking for all uses, and the proposed
use does not generate the need for any additional parking spaces.
3.
The proposed Package Liquor Off-Sale Establishment can be accessed from Rainbow
Boulevard, a 100-foot Primary Arterials that has adequate capacity to serve the proposed
development.
4.
General Plan.
The proposed Package Liquor Off-Sale Establishment use will be subject to regular
inspections for licensing and will therefore not compromise the public health, safety, and
general welfare or any objective of the General Plan.
5.
The proposed Package Liquor Off-Sale Establishment use meets all distance separation
requirements per Title 19.12. Conditions of approval will ensure conformance with all
other minimum requirements for this use.
NOTICES MAILED
811
APPROVALS
PROTESTS
16
MR
SUP-58173
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SUP-58173
SUP-58173
SUP-58173 - REVISED
SUP-58173 [PRJ-58088] - SPECIAL USE PERMIT - APPLICANT: HOLIDAY HOUSE WINE AND SPIRITS OWNER: RAINBOW COMMERCIAL, LLC
2300 NORTH RAINBOW BOULEVARD, SUITE #101
03/05/15
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SUP-58173

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
SDR-58164 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING - APPLICANT:
BLUE MARBLE DEVELOPMENT - OWNER: SHIRON DEVELOPMENT, LLC - For
possible action on a request for a Site Development Plan Review FOR A PROPOSED 261-UNIT
MULTI-FAMILY RESIDENTIAL DEVELOPMENT CONSISTING OF SIX, 35-FOOT TALL,
THREE-STORY BUILDINGS AND ACCESSORY CLUBHOUSE WITH A WAIVER TO
ALLOW NO SINGLE-STORY STRUCTURES ACTING AS A BUFFER TO THE SINGLEFAMILY RESIDENTIAL USES TO THE NORTH on a 10.56-acre portion of a 30.25-acre
parcel at the northwest corner of Centennial Parkway and Tenaya Way (APN 125-22-401-014),
T-C (Town Center) Zone [SX-TC (Suburban Mixed Use - Town Center) Special Land Use
Designation], Ward 6 (Ross) [PRJ-58104]. Staff recommends APPROVAL.
RECOMMENDATION:
4. Photo(s)
6. Protest Postcards
SDR-58164 [PRJ-58104]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: BLUE MARBLE DEVELOPMENT - OWNER:
SHIRON DEVELOPMENT, LLC
CASE
NUMBER
SDR-58164
RECOMMENDATION
REQUIRED FOR
APPROVAL
** CONDITIONS **
Planning
1.
Conformance to the Conditions of Approval of Rezonings (Z-0043-00 and ZON-9908).
2.
3.
All development shall be in conformance with the site plan and landscape plan date stamped
03/19/15 and building elevations, date stamped 02/26/15 and 03/12/15, except as amended by
conditions herein.
4.
A Waiver from the Town Center Development Standards Manual Section C.1.C.2 is hereby
approved, to allow three-story buildings adjacent to a low density residential use with no
intervening single-story structure, where such is required in the SX-TC District.
SS
SDR-58164 [PRJ-58104]
Conditions Page Two
5.
6.
building permit.
7.
A perimeter wall detail shall be submitted to and approved by the Department of Planning
Department, prior to the time application is made for a building permit, to indicate perimeter
walls that conform to Town Center Development Standards Manual Figure 10. Plans shall
include an elevation view that indicates materials, textures, color and height.
8.
A technical landscape plan, signed and sealed by a Registered Architect, Landscape Architect,
Residential Designer or Civil Engineer, must be submitted prior to or at the same time
application is made for a building permit. A permanent underground sprinkler system is
required, and shall be permanently maintained in a satisfactory manner; the landscape plan
shall include irrigation specifications. Installed landscaping shall not impede visibility of any
traffic control device. The technical landscape plan shall include the following changes from
the conceptual landscape plan:
a.
b.
c.
d.
In the median on Centennial Parkway, provide 20-foot brown trunk height Mexican
Fan Palms;
In the amenity zone along Centennial Parkway, provide 25-foot brown trunk height
Mexican Fan Palms;
In the landscape setback area along Centennial Parkway, provide one additional
Mexican Fan Palm tree cluster west of the proposed gated entry.
Trees in the landscape setback along Tenaya Way shall be spaced at 20-foot intervals
for a total provision of at least eight trees.
9.
10.
11.
SS
SDR-58164 [PRJ-58104]
Public Works
12.
Construct all incomplete half-street improvements on Centennial Parkway and John

Herbert Boulevard per Town Center Development Standards, including the required MultiUse Non-Equestrian Trail adjacent to this site concurrent with onsite development
activities.
13.
Construct half-street improvements on Darling Road adjacent to this site concurrent with
onsite development activities.
14.
Concurrent with development of this site, provide a public sewer stub to Darling Road at a
size and location acceptable to the Sanitary Sewer Section of the Department of Public
Works. Provide public sewer easements for all public sewer located within the boundaries
of this site. Future development phases of this parcel may require the construction of a
sewer relief project in Bilpar Road to the east.
15.
Construct a bus shelter pad, as directed by the City Traffic Engineer, on the south side of
Centennial Boulevard concurrent with onsite development activities.
16.
If this site creates condominiums, the Special Improvement District section of the
Department of Public Works must be contacted and appropriate written agreements (if
necessary) must be executed by the property owner(s) of record prior to the recordation of
a Final Map or the issuance of any building permits, whichever may occur first. The
written agreements (if applicable) will allow the recalculation and/or the redistribution of
all assessments of record on this site.
17.
Landscape and maintain the median island on Centennial Parkway. All private
improvements and landscaping installed with this project shall be situated and maintained
so as to not create sight visibility obstructions for vehicular traffic at all development
access drives and abutting street intersections.
18.
Submit an Encroachment Agreement for any landscaping and private improvements in the
Centennial Parkway and John Herbert Boulevard public rights-of-way, including the
median islands, prior to the issuance of permits for these improvements. The applicant
must carry an insurance policy for the term of the Encroachment Agreement and add the
City of Las Vegas as an additionally insured entity on this insurance policy. If requested
by the City, the applicant shall remove property encroaching in the public right- of way at
the applicant's expense pursuant to the terms of the Citys Encroachment Agreement. The
installation and maintenance of all private improvements in the public right of way shall be
the responsibility of the adjacent property owner(s) and shall be transferred with the sale of
the property for the entire term of the Encroachment Agreement. Coordinate all
requirements for the Encroachment Agreement with the Land Development Section of the
Department of Building and Safety (702-229-4836).
SS
SDR-58164 [PRJ-58104]
19.
A Traffic Impact Analysis must be submitted to and approved by the Department of Public
Works prior to the issuance of any building or grading permits, submittal of any
construction drawings or the recordation of a Map subdividing this site, whichever may
occur first. Comply with the recommendations of the approved Traffic Impact Analysis
prior to occupancy of the site. The Traffic Impact Analysis shall also include a section
addressing Standard Drawings #234.1, #234.2 and #234.3 to determine additional right-ofway requirements for bus turnouts adjacent to this site, if any; dedicate all areas
recommended by the approved Traffic Impact Analysis. All additional rights-of-way
required by Standard Drawing #201.1 for exclusive right turn lanes and dual left turn lanes
shall be dedicated prior to or concurrent with the commencement of on site development
activities unless specifically noted as not required in the approved Traffic Impact Analysis.
Phased compliance will be allowed if recommended by the approved Traffic Impact
Analysis. No recommendation of the approved Traffic Impact Analysis, nor compliance
therewith, shall be deemed to modify or eliminate any condition of approval imposed by
the Planning Commission or the City Council on the development of this site.
20.
An Update to the previously approved Drainage Plan and Technical Drainage Study must
be submitted to and approved by the Department of Public Works prior to the issuance of
any grading or building permits, submittal of construction drawings or the submittal of a
Final Map for this site, whichever may occur first. Provide and improve all drainageways
as recommended in the approved drainage plan/study.
21.
Site development to comply with all applicable conditions of approval for SDR-49175,
and all other applicable site-related actions.
SS
SDR-58164 [PRJ-58104]
** STAFF REPORT **
PROJECT DESCRIPTION
The property at the northwest corner of Centennial Parkway and Tenaya Way currently consists
of an undeveloped 30.25-acre parcel. The applicant is requesting to construct 261 multi-family
dwellings in six buildings on 10.56 acres as the second phase of a larger planned multi-family
residential development. The applicant has already obtained approval to develop 111 multifamily units on a 5.11-acre portion of the overall site in the first phase, and the two phases will
be connected. The applicant has also requested a waiver of the Town Center Development
Standards Manual to allow three-story buildings adjacent to low density residential uses without
an intervening single-story structure. The perimeter of the site along Darling Road will contain
improvements that include a landscape buffer that exceeds standards for this use and will
adequately screen the development from the neighboring single-family properties. The
apartment buildings are architecturally similar to those approved in Phase 1, and landscaping and
circulation are appropriate for the development. Staff therefore supports the waiver and
recommends approval of the proposed development, with conditions. If denied, the property
could not be developed as proposed.
ISSUES
A Waiver of the Town Center Development Standards Manual Section C.1.C.2 is required to
allow three-story buildings adjacent to a low density residential use with no intervening
single-story structure, where such is required in the SX-TC (Suburban Mixed Use Town
Center) District. Staff recommends approval of the waiver.
Several parking spaces from Phase 1 will be eliminated to provide access to Phase 2.
Parking will be added in Phase 2 to compensate for this loss. Overall, the site meets required
parking.
Previous approvals for the mixed-use development on this site have expired. However,
conditions of the 2002 and 2006 Town Center Rezoning approvals are still in effect and
require improvements to be made to Centennial Parkway and Darling Road adjacent to this
development.
The City Council approved a Rezoning (Z-0043-00) from U (Undeveloped)
[TC (Town Center) General Plan designation] to T-C (Town Center) on 9.50
09/02/02
acres at the northwest corner of Centennial Parkway and Tenaya Way. The
Planning Commission and staff recommended approval.
SS
SDR-58164 [PRJ-58104]
The City Council approved a General Plan Amendment (GPA-9146) to
amend the Centennial Hills Sector Plan to allow four-story buildings within
the SX-TC (Suburban Mixed Use Town Center) special land use
designation, under certain conditions.
The Planning Commission
recommended denial. Staff recommended approval.
The City Council approved a Rezoning (ZON-9908) from U (Undeveloped)
[TC (Town Center) General Plan designation to T-C (Town Center) on 20.12
acres at the northwest corner of Centennial Parkway and Monte Cristo Way.
The Planning Commission and staff recommended approval.
The City Council approved a Major Modification (MOD-9918) of the Town
Center Development Standards to allow four stories in SX-TC (Suburban
Mixed Use Town Center) where two stories was the maximum height
allowed, under certain conditions. The Planning Commission and staff
The City Council approved a Special Use Permit (SUP-9921) for a proposed
Mixed-Use Development at the northwest corner of Centennial Parkway and
Monte Cristo Way. The Planning Commission and staff recommended
approval. The approval expired 01/18/10.
The City Council approved a Petition to Vacate (VAC-9923) a portion of a
60-foot right-of-way (Darling Road) between John Herbert Boulevard and
Tenaya Way. The Planning Commission recommended denial. Staff
recommended approval. The approval expired 01/18/08.
01/18/06
The City Council approved a Petition to Vacate (VAC-9922) a portion of the
north half of Centennial Pkwy extending west approximately 1,605 feet and a
portion of the east half of John Herbert Blvd north of the Centennial Pkwy
alignment. The Planning Commission and staff recommended approval. The
approval expired 01/18/08.
The City Council approved a Waiver (WVR-10082) of Title 18.12.130 to
allow 230-foot long private streets where 150 feet is required; Title 18.12.105
to allow an 18-foot wide private drive where 24-feet is required; Title
18.12.100 to allow a 24-foot private street where 37 feet is required; and Title
18.12.160 to allow a 180-foot intersection offset where 220 feet is required at
the northwest corner of Centennial Parkway and Monte Cristo Way. The
Planning Commission and staff recommended approval. The approval
expired 01/18/10.
The City Council approved a Site Development Plan Review (SDR-9913) for
a proposed four-story mixed use development with 725 condominium units,
65 townhomes, 35,700 square feet of commercial space, 58,000 square feet of
office space and 15,000 square feet of restaurant space, with waivers of the
Town Center Development Standards for building placement, perimeter,
building foundation and parking lot landscaping on 35.70 acres on the north
side of Centennial Parkway between Tenaya Way and John Herbert
Boulevard. The Planning Commission and staff recommended approval. The
approval expired 01/18/10.
SS
SDR-58164 [PRJ-58104]

The Planning Commission approved a Tentative Map (TMP-10725) for a
02/09/06
mixed use residential subdivision on 35.30 acres at the northwest corner of
Centennial Parkway and Tenaya Way. Staff recommended approval.
A Final Map (FMP-21718) was recorded for a 22-lot single family residential
12/18/07
subdivision (townhomes) on 30.26 acres at the northwest corner of Centennial
Parkway and Tenaya Way.
The City Council approved a Petition to Vacate (VAC-36135) existing public
sewer and drainage easements generally located on the south side of Darling
12/16/09
Road, approximately 600 feet west of Tenaya Way. The Order of Vacation
was recorded 02/17/10.
A Reversionary Final Map (FMP-36246) was recorded to revert 22
12/29/09
subdivided lots to acreage on 30.26 acres at the northwest corner of
Centennial Parkway and Tenaya Way.
The Planning Commission approved a Special Use Permit (SUP-49176) for a
proposed private street for a 102-unit multi-family residential development on
5.11 acres at the northwest corner of Tenaya Way and Centennial Parkway.
Staff recommended approval. The approval expires 07/09/15.
The Planning Commission approved a Site Development Plan Review (SDR07/09/13
49175) for a proposed 102-unit multi-family residential development
consisting of six, 35-foot tall, three-story buildings with a waiver to allow no
structures acting as buffering to the residential uses to the north on 5.11 acres
at the northwest corner of Tenaya Way and Centennial Parkway. Staff
recommended approval. The approval expires 01/08/17.
Department of Planning staff approved a Minor Amendment (SDR-57245) of
an approved Site Development Plan Review (SDR-49175) for a proposed
111-unit multi-family residential development consisting of three, 35-foot tall,
01/08/15
three-story buildings on a 5.11-acre portion of a 30.25-acre parcel at the
northwest corner of Centennial Parkway and Tenaya Way. The approval
expires 01/08/17.

08/21/08

There are no relevant building permits or business licenses that pertain to this request.
SS
SDR-58164 [PRJ-58104]
Submittal requirements for a Site Development Plan Review for the second
phase of construction were discussed. The same waiver as was approved for
Phase 1 would also need approval for Phase 2, as the phases were proposed as
separate projects and not part of an overall site development plan review. The
applicant stated that the phases would be connected, and that any parking
spaces lost as a result of reconfiguring Phase 1 would be made up in Phase 2.
02/24/15
Staff determined that a special use permit for private streets would not be
needed (as had been approved for Phase 1), as this is exclusively a multifamily development with private drives rather than a single-family
development with private streets as originally envisioned. Public Works
stated that half-street improvements would need to be completed along
Darling Road and Centennial Parkway as part of this phase.
A neighborhood meeting is not required, nor was one held.
Field Check
03/05/15
The subject site is undeveloped and cleared of trash, weeds and debris. The
perimeter is bermed and lined with boulders for flood control purposes.

Site Area
Gross Acres
10.56
Net Acres
10.56
Surrounding
Property
Subject Property
Existing Land Use

Per Title 19.12
Undeveloped
Planned or Special
SX-TC (Suburban
Mixed Use - Town
Center)
North
Single-Family,
Detached
DR (Desert Rural
South
CC 215 Freeway
ROW (Right-of-Way)
O (Office)
R (Rural Density
Residential)
SX-TC (Suburban
Mixed Use - Town
Center)
East
Undeveloped
West
Undeveloped

T-C (Town Center)
R-E (Rural Estates
Residential) Clark
County Designation
ROW (Right-of-Way)
O (Office)
U (Undeveloped)
T-C (Town Center)
SS
SDR-58164 [PRJ-58104]
Master Plan Areas

Trails (Beltway Trail)
Compliance
N
Compliance
Y
Compliance
Y
N/A
N/A
N/A
Pursuant to the Town Center Development Standards and Title 19, the following standards
apply:
Standard
Required/Allowed
Provided
Compliance
Max. Number of Residential Units
264
261
Y
(based on area)
Max. Density (Phases 1 and 2)
25.0 du/ac
23.7 du/ac
Y
Min. Lot Size
N/A
459,993 SF
N/A
Min. Lot Width
N/A
561 Feet
N/A
Min. Setbacks
Front
15 Feet
24 Feet
Y
Side
100 Feet*
100 Feet
Y
Corner
15 Feet
18 Feet
Y
Rear
20 Feet
660 Feet
Y
Min. Distance Between Buildings
N/A
42 Feet
N/A
Max. Lot Coverage
N/A
29.2 %
Y
3 Stories/35 Feet
without singleMax. Building Height
4 Stories
N
story buffer from
SF residential
Screened, Gated,
Trash Enclosure
w/ a Roof or
Y
Roof or Trellis
Trellis
Mech. Equipment
Screened
Screened
Y
*Per Town Center Development Standards Manual C.1.C.2.d, a minimum 100-foot setback from
low density residential uses is required when buildings in excess of two stories are proposed on a
project of 25 acres or more in the SX-TC District.
SS
SDR-58164 [PRJ-58104]
Pursuant to Title 19.08, the following standards apply:

Residential Adjacency Standards
Required/Allowed Provided
Compliance
3:1 proximity slope
105 Feet
100 Feet
Y*
Adjacent development matching setback
20 Feet
100 Feet
Y
Trash Enclosure
50 Feet
81 Feet
Y
*The special Town Center standard of a 100-foot setback adjacent to low density residential
uses, which is met by this project, takes precedence over the Title 19 residential adjacency
standard in this instance.
Pursuant to Title 19.08 and the Town Center Development Standards

standards apply:
Required
Standards
Ratio
Trees
Buffer Trees:
North
29 Trees
South
36 Trees
East
8 Trees
N/A
N/A
West
73 Trees
Parking Area Trees
45 Trees
Min. Zone Width
North
15 Feet
South
15 Feet
East
15 Feet
0 Feet
West
Wall Height
6 to 8 Feet Adjacent to Residential
Total
Acreage
459,993 SF
(10.56 ac)
Density
N/A
Manual, the following
Provided
Compliance
29 Trees
37 Trees
7 Trees
0 Trees
73 Trees
Y
Y
N
N/A
Y
45 Trees
18 Feet
15 Feet
15 Feet
0 Feet
6 Feet
Y
Y
Y
Y
Y
Open Space Town Center

Provided
Provided
Percent
Area
Percent
Area
20%
91,999 SF
23.9 %
Compliance
110,000 SF
SS
SDR-58164 [PRJ-58104]
Street Name
Functional
Classification of
Street(s)
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section

and Highways Map /
Tenaya Way
Major Collector
80
Y*
Town Center
Frontage Road
and Highways Map /
Centennial Pkwy
80
N
Loop Road
Town Center
Darling Road
Minor Collector
Title 13
44
N
*Tenaya Way was constructed to standards in effect at the time and prior to rezoning of the
adjacent parcel to T-C (Town Center). This is reflected in the Town Center Development
Standards Manual as an 80 Standard Section.
Streetscape Standards
Loop Road
(Centennial Parkway)
Special Design*
Required
5-10 sidewalk
(narrows near/at bus
stop)
5 amenity zone: 25
BTH Mexican Fan Palms
every 35 on center;
concrete hardscape areas
every 3 palm trees
15 landscape setback:
12-25 BTH Mexican
Fan Palms in clusters of
2 or 3 to alternate with
palms in amenity zone
Provided
Compliance
5-10
5 amenity zone: 1225 BTH Mexican Fan

Palms
15 landscape: 12-25
BTH Mexican Fan
Palms in clusters of 2
Y
or 3 to alternate with
palms in amenity zone
15 median: 12-25
15 median: 20 BTH
BTH Mexican Fan
Mexican Fan palms at 35
palms at 35 feet on
N
feet on center with
center with
groundcover
groundcover
*This design, which incorporated the Beltway Trail, was established and approved through Civil
Improvement Plans (#107Y4961)
SS
SDR-58164 [PRJ-58104]
Pursuant to the Town Center

standards apply:
Parking Requirement
Gross Floor
Area or
Use
Number of
Units
Multi-Family
Residential
119 Units
1 Bedroom
Multi-Family
Residential
142 Units
2 Bedroom
Guest Spaces
261 Units
Development Standards Manual, the following parking
Required
Provided
Compliance
Parking
Parking
Parking
HandiHandiRatio
Regular
Regular
capped
capped
1.25 per
unit
148.75
1.75 per
unit
248.5
1 per 6
units
43.5
Phase 1
Spaces
N/A
N/A
Removed
Compact Spaces Allowed (30%)
Waivers
Requirement
TCDS C.1.C.2.d:
On projects of 25 acres or larger,
where structures greater than 2
stories are proposed, intervening
single-story buildings shall be
constructed between the proposed
buildings and existing low density
residential properties
5
446
437
9
133
447
438
Y
Y
Y
9
131
Request
To allow no intervening singlestory structures between the 3-story

multi-family buildings and existing
single-family properties to the north
Approval
ANALYSIS
The proposed 261 units in the second phase of the development would bring the total number of
units to 372 on 15.67 acres of the overall parcel for a proposed density of 23.7 dwelling units per
acre. This falls within the maximum density of 25 dwelling units per acre allowed in the SX-TC
(Suburban Mixed Use Town Center) land use designation.
SS
SDR-58164 [PRJ-58104]
Development of the site is subject to the requirements of the Town Center Development
Standards Manual (Manual). Unless otherwise stated by the Manual, deviations from the
Manual may be requested through a waiver that accompanies a Site Development Plan Review.
Where the Manual is silent, Title 19 controls. The project meets the SX-TC requirements for
setbacks, height, open space and design. The residential adjacency setback standard from the
multi-family buildings to the property line of the single-family properties is 100 feet, per Section
C.1.C.2.d of the Manual; the site plan indicates that the 100-foot setback requirement is met.
In SX-TC where projects of at least 25 acres are adjacent to low density residential uses,
proposed building heights over two stories are required to maintain an intervening one-story
buffer between the taller buildings and the neighboring properties. This requirement was waived
for the first phase of the project. For the second phase, the applicant proposes to place carports
between the multi-family buildings and the single-family homes to the north, which does not
meet the standard and will require a similar waiver. The proposed 18-foot landscape buffer from
Darling Road with 24-inch box Shoestring Acacia trees is acceptable in lieu of a single-story
building. As is required by Title 19, a six-foot wall will separate the single-family properties
from this development. Staff therefore supports the waiver.
Access to Phase 2 would be from a gated entrance at Centennial Parkway and from the west and
south sides of Phase 1. Circulation would be by means of 25-foot wide private drives with
primarily covered parking on both sides.
Parking must be met for Phase 2 separately and for both Phases 1 and 2 collectively. Five
additional spaces were added to Phase 2 to make up for the spaces lost in Phase 1 as a result of
providing access. A similar issue will arise with future phases. In this instance, three spaces
labeled as eight-foot wide compact spaces will be part of Phase 3 and are not counted as a part of
Phase 2. The 652 total spaces provided meet the parking requirements for the overall project to
date.
Unfinished streetscape on Centennial Parkway and landscaping along Darling Road and Tenaya
Way will be required to be completed as part of this phase of development. Because the 20-foot
wide Beltway Trail was integrated into the Loop Road standards for Centennial Parkway as a
condition of rezoning of the property, a 10-foot sidewalk and five-foot amenity zone are
provided in lieu of the standard five-foot sidewalk and four-foot amenity zone. The plantings are
generally in conformance with the Town Center Development Standards Manual; however, a
condition of approval will ensure that the proper number and size of palm trees is provided. In
addition, the tree spacing interval along Tenaya will be required to be 20 feet instead of 30 feet;
20 feet was also required for Phase 1.
The proposed buildings will have the same architectural features as provided in Phase 1 for
continuity. The Mediterranean-styled buildings will contain variations in roofline, popouts,
columns and balconies, and will have the same tuck-under garages provided for buildings in
Phase 1. Materials include earth-tone painted stucco exteriors, wrought-iron railings and colored
SS
SDR-58164 [PRJ-58104]
concrete tile for roofing. Five one and two-bedroom floor plans will be provided, ranging in size
from 707 square feet to 1,307 square feet. The 4,613 square-foot single-story club house will
contain a gym, locker room, club room, theater and offices.
1.

The proposed project will use extensive screening and landscaping along the north
property line to mitigate any negative impacts of the planned three-story buildings to lowdensity residential properties. Otherwise, the proposed development is compatible with
the adjacent development and land uses.
2.
The proposed Phase 2 development is consistent with the goals and intent of the Town
Center Development Standards Manual. Staff supports a waiver to the special SX-TC
(Suburban Mixed Use Town Center) building height requirements that apply to this site,
since additional landscaping and screening will be provided on the northern perimeter.
Conditions of approval will ensure that the appropriate Town Center streetscape planting
design and perimeter wall design are applied.
3.

Access to the site is provided externally from Centennial Parkway, a 90-foot Town Center
Loop Road as planned by the Town Center Development Standards Manual and the
Master Plan of Streets and Highways Map. Interior access will be provided from the south
and west sides of the first phase of project development. The gated entry will meet
Uniform Standard Drawing requirements.
4.
The applicant is proposing to use a variety of building materials that all fit within a
Mediterranean theme. The amended elevations retain the same architectural style as
approved for Phase 1. Landscape materials are drought-tolerant and appropriate for use in
Town Center.
SS
SDR-58164 [PRJ-58104]
5.

The mass and scale of the proposed buildings are well detailed with the use of balconies,
pop-outs, and variations in the roofline. The varieties of colors and material finishes all
follow a Mediterranean theme and have been thoughtfully designed. The elevations create
an aesthetically pleasing environment, which is harmonious with development in the area.
6.
general welfare.
The project will be subject to permit review and inspections; therefore, appropriate
measures will be taken to protect the public health, safety, and general welfare.
NOTICES MAILED
137
APPROVALS
PROTESTS
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SDR 58164
Blue Marble Development
NWC Centennial Pkwy & Tenaya Way

Proposed 261 unit multi-family development.
Proposed Use
DESCRIPTION
#UNIT

AM Peak Hour
6.65
APARTMENT [DWELL]
PM Peak Hour
261
0.51
0.62

Centennial Parkway
3,000
240
Tenaya Way
17,113
1,369
John Herbert Boulevard

3,013
241
Centennial Parkway
Tenaya Way
John Herbert Boulevard
RATE/#
UNIT
TOTAL
1,736
133
162

34,500
34,500
34,500
This project is expected to add about 1,736 trips per day on Centennial Pkwy, Tenaya Way & John Herbert Blvd..
Currently, Centennial is at about 9 percent of capacity, Tenaya is at about 50 percent of capacity and John Herbert is at
about 9 percent of capacity. With this project, Centennial is expected to be at about 14 percent of capacity, Tenaya to be
at about 55 percent of capacity and John Herbert to be at about 14 percent of capacity.
Based on Peak Hour use, this project will add about 162 trips in the peak hour, or about five every two minutes.
SDR-58164 [PRJ-58104] - SITE DEVELOPMENT PLAN REVIEW

DEVELOPMENT - OWNER: SHIRON DEVELOPMENT, LLC
NORTHWEST CORNER OF CENTENNIAL PARKWAY AND TENAYA WAY
APPLICANT:
BLUE
03/05/15
MARBLE

APPLICANT:
BLUE
03/05/15
MARBLE

APPLICANT:
BLUE
03/05/15
MARBLE

APPLICANT:
BLUE
03/05/15
MARBLE

APPLICANT:
BLUE
03/05/15
MARBLE

APPLICANT:
BLUE
03/05/15
MARBLE

APPLICANT:
BLUE
03/05/15
MARBLE

APPLICANT:
BLUE
03/05/15
MARBLE

APPLICANT:
BLUE
03/05/15
MARBLE

APPLICANT:
BLUE
03/05/15
MARBLE

APPLICANT:
BLUE
03/05/15
MARBLE
SDR-58164 - REVISED

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
VAC-58163 - VACATION - PUBLIC HEARING - APPLICANT/OWNER: DIAMOND ZING,
LLC - For possible action on a request for a Petition to Vacate the public right-of-way commonly
known as Lewis Avenue on the south side of property located on the northeast corner of Lewis
Avenue and 10th Street, Ward 3 (Coffin) [PRJ-57806]. Staff recommends DENIAL.
RECOMMENDATION:
1. Abeyance Request Submitted by Kaempfer Crowell
5. Photo(s)
RECEIVED 03.31.15
VAC-58163 [PRJ-57806]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: DIAMOND ZING, LLC
CASE
NUMBER
VAC-58163
RECOMMENDATION
REQUIRED FOR
APPROVAL

conditions:
** CONDITIONS **
VAC-58163 CONDITIONS
Planning
1.
The limits of this Petition of Vacation shall be the northern 10-feet of right-of-way along
the northern side of Lewis Avenue between 10th Street and the alley adjacent to the east
side of the lot. The remaining right-of-way on Lewis Avenue shall not be less than 30-feet.
Additionally, a 10-foot radius at the northeast corner of Lewis Street and 10th Street shall
be reserved.
2.
Department of Public Works prior to the recordation of the Order of Vacation for this
application. Appropriate drainage easements shall be reserved if recommended by the
approved Drainage Plan/Study. Alternatively, the entire area requested to be vacated may
be reserved as a Public Drainage Easement.
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.
JB
VAC-58163 [PRJ-57806]
Conditions Page Two
4.
The Order of Vacation shall not be recorded until all of the conditions of approval have
been met provided, however, that conditions requiring modification of public
improvements may be fulfilled for purposes of recordation by providing sufficient security
for the performance thereof in accordance with the Subdivision Ordinance of the City of
Las Vegas. City Staff is empowered to modify this application if necessary because of
technical concerns or because of other related review actions as long as current City
right-of-way requirements are still complied with and the intent of the vacation application
is not changed. If applicable, a five foot wide easement for public streetlight and fire
hydrant purposes shall be retained on all vacation actions abutting public street corridors
that will remain dedicated and available for public use. Also, if applicable and where
needed, public easement corridors and sight visibility or other easements that would/should
cross any right-of-way or easement being vacated must be retained.
5.
Reservation of easements for the facilities of the various utility companies together with
reasonable ingress thereto and egress there from shall be provided if required.
6.
All development shall be in conformance with code requirements and design standards of
all City Departments.
7.
If the Order of Vacation (or Order of Relinquishment of Interest if a Patent Reservation) is

not recorded within one (1) year after approval by the City of Las Vegas or an Extension of
Time is not granted by the Planning Director, then approval will terminate and a new
petition must be submitted. This condition should always be the last condition.
JB
VAC-58163 [PRJ-57806]
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting to vacate a City of Las Vegas public right-of-way generally known as
Lewis Avenue located on the south side of property located on the northeast corner of Lewis
Avenue and 10th Street. The right-of-way area to be vacated is approximately 140 feet long and
10 feet wide; and is bounded on the east by an existing alleyway and west by the 10th Street
alignment. Staff has determined it is in the best interest for the Citys revitalization efforts to
maintain the current traffic flow on Lewis Avenue without interruption, which is why staff
recommends denial of the request to vacate the south side of property located on the northeast
corner of Lewis Avenue and 10th Street.
ISSUES
The applicant has requested the Vacation of the Lewis Avenue street alignment to facilitate
future development on the existing multi-family residential building located at 1001 Lewis
Avenue.
N/A
N/A

12/17/14

A Code Enforcement case (#1759 and #1882) was processed for ceiling
08/05/03
repairs, water coming out near outlets and switches and toilet leaks on
property located at 1001 Lewis Avenue. The case was resolved on 01/02/04.
A Code Enforcement case (#22799) was processed for mold in the apartment
10/13/04
building located at 1001 Lewis Avenue. The case was resolved on 12/03/04.
A Code Enforcement case (#22802) was processed for no heat or hot water in
12/29/04
apartment #2 in the apartment building located at 1001 Lewis Avenue. The
case was resolved on 12/29/04.
JB
VAC-58163 [PRJ-57806]

A Code Enforcement case (#22810) was processed for roof leaks and no heat
or hot water in apartment #6 in the apartment building located at 1001 Lewis
Avenue. The case was resolved on 12/29/04.
A Code Enforcement case (#33875) was processed for a pile of sand in the
08/23/05
street for months at property located at 1001 Lewis Avenue. The case was
A Code Enforcement case (#45522) was processed for junk vehicles at
08/16/06
property located at 1001 Lewis Avenue. The case was resolved on 08/17/06.
02/05/07
A Code Enforcement case (#60791) was processed for an abandoned building
12/21/07
being vandalized at property located at 1001 Lewis Avenue. The case was
A Code Enforcement case (#60933) was processed for an abandoned building
01/02/08
being vandalized at property located at 1001 Lewis Avenue. The case was
A building permit (#7001706) was issued to replace a balcony at an existing
05/21/07
apartment building located at 1001 Lewis Avenue. The permit was expired on
12/01/07.
A building permit (#4059) was issued for fire repair at an existing apartment
03/08/00
building located at 1001 Lewis Avenue. The permit was expired on 10/14/00.
A Code Enforcement case (#102044) was processed for an abandoned
05/17/11
building, dead vegetation, trash and debris at property located at 1001 Lewis
Avenue. The case was resolved on 08/30/11.
A Code Enforcement case (#132255) was processed for trash in the alleyway
08/17/13
at property located at 1001 Lewis Avenue. The case was resolved on
11/18/13.
A Code Enforcement case (#145113) was processed for an abandoned
09/02/14
building, dead vegetation, trash and debris at property located at 1001 Lewis
Avenue. The case was resolved on 10/06/14
A Code Enforcement case (#146635) was processed for stray cats at property
10/08/14
located at 1001 Lewis Avenue. The case was resolved on 10/09/14
A Pre-Application meeting was conducted with the applicant to go over the
02/03/15
application materials and submittal requirements for a Vacation of public
right-of-way to facilitate the redevelopment of an existing apartment building.
JB
VAC-58163 [PRJ-57806]
Field Check
03/05/15
During a routine site visit staff noted that the subject section of right-of-way
was currently has a three-foot tall white wooden fence enclosing a portion of
the area and is utilized as the side yard area of the existing multi-family
structure on-site.

Site Area
Net Acres
0.03
Surrounding
Property
Subject Property
North
South
East
West
Existing Land Use

Per Title 19.12
R.O.W (Right-ofWay)
Multi-Family
Residential
R.O.W (Right-ofWay)
R.O.W (Right-ofWay)
R.O.W (Right-ofWay)
Planned or Special
R.O.W (Right-of-Way)
MXU (Mixed Use)
R-4 (High Density

Residential)
Master Plan Areas

Live/Work Overlay District
Trails
Compliance
N/A
Compliance
Y
Compliance
N/A
Y
N/A
N/A
JB
VAC-58163 [PRJ-57806]
LEGAL DESCRIPTION
Being a portion of the North Half (N) of the Southeast Quarter (SE 114) of Section 34,
Township 20 South, Range 61 east, M.D.M., City of Las Vegas, Clark County, Nevada, also a
portion of the northerly right of way of Lewis Avenue.
Beginning at the most northwesterly corner of Lot 16, Block 11. of Pioneer Heights Addition to
Las Vegas, Nevada, as shown by map recorded in Book 1, Page 35 of plats; thence south
6215'00" east along the southwesterly line of said lot 16, a distance of 140.00 feet to the most
southwesterly corner of said lot 16; thence south 27'45'00" west a distance of 10.00 feet; thence
north 6215'00" west a distance of 129.93 feet to a point of curvature; thence northwesterly along
a curve 15.71 feet being concave northeast with a radius of 10.00 feet having a central angle of
9000'00" to the point of beginning. Containing 1,377.88 square feet.
ANALYSIS
This Vacation application proposes to vacate existing Public Right-of-Ways. Public Works offers
the following comments:
A. Does this vacation request result in uniform or non-uniform right-of-way widths? It
would result in a non-uniform right-of-way width as it is only proposing to vacate half
of a block of an entire street.
B. From a traffic handling viewpoint will this vacation request result in a reduced
traffic handling capability? Not at this time. Depending on future development,
should Lewis Street be widened or developed per Complete Street Standards, there
could be traffic handling issues.
C. Does it appear that the vacation request involves only excess right-of-way? No. It is
to vacate a portion of Lewis Street to be used for adjacent private improvements.
D. Does this vacation request coincide with development plans of the adjacent parcels?
The applicant is proposing to remodel the adjacent property, assessor parcel #139-34712-055, and use the vacated right-of-way for onsite beautification purposes.
E. Does this vacation request eliminate public street access to any abutting parcel? No.
F. Does this vacation request result in a conflict with any existing City requirements?
Potentially; vacation of the subject right-of-way could limit the ability to construct
Complete Street improvements if this portion of Lewis Avenue is ever upgraded.
JB
VAC-58163 [PRJ-57806]
G. Does the Department of Public Works have an objection to this vacation request?
Yes. We have been improving streets near the downtown area and turning them into
Complete Streets. Vacation of this right-of-way reduces the capacity for widened
sidewalks and Complete Street improvements.
The Department of Public Works is opposed to the Vacation application request generally known
Lewis Avenue located on the south side of property located on the northeast corner of Lewis
Avenue and 10th Street.
FINDINGS (VAC-58163)
The Department of Public Works and Department of Planning are opposed to this Petition of
Vacation since the proposed vacation of public right-of-way would limit the future ability to
construct Lewis Avenue to Complete Street Standards and result in an irregular right-of-way width.
Therefore, Staff recommends denial with conditions.
NOTICES MAILED
APPROVALS
PROTESTS
40
JB
VAC-58163
VAC-58163
VAC-58163
VAC-58163 [PRJ-57806] - VACATION - APPLICANT/OWNER: DIAMOND ZING, LLC

NORTHEAST CORNER OF LEWIS AVENUE AND 10TH STREET
03/05/15
VAC-58163 [PRJ-57806] - VACATION - APPLICANT/OWNER: DIAMOND ZING, LLC

NORTHEAST CORNER OF LEWIS AVENUE AND 10TH STREET
03/05/15
VAC-58163

DIRECTOR:
TOM PERRIGO, ACTING
Consent
Discussion
SUBJECT:
DIR-58403 - DIRECTOR''S BUSINESS - PUBLIC HEARING - APPLICANT/OWNER: CITY
OF LAS VEGAS - For discussion and possible action on the appointment of new members to the
Downtown Design Review Committee. Staff has NO RECOMMENDATION.
P.C.: Final Action
RECOMMENDATION:
Staff has NO RECOMMENDATION.
None

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

04.14.15 PC Packet Items36-68

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Agenda Item No.: 36.

AGENDA SUMMARY PAGE - PLANNING

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]

AGENDA MEMO - PLANNING

DENIAL, if approved subject to

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]

Approval of and conformance to the Conditions of Approval for Variances (VAR-58121,

The minimum distance between buildings shall be 10 feet.

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

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]

A Comprehensive Construction Staging Plan shall be submitted to the Department of

Provide a copy of a recorded Joint Access Agreement or Emergency Access easement

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]

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

Most Recent Change of Ownership

Related Building Permits/Business Licenses

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]

Details of Application Request

Existing Land Use

Existing Zoning District

R-3 (Medium Density

Master Plan Areas

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]

Pursuant to Title 19.06.110, the following standards apply:

Planned Streets and

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]

Three-foot wide amenity zone

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]

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

Additionally, Title 19.16.140(L) states:

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

Additionally, Title 19.16.140(L) states:

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]

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

Additionally, Title 19.16.140(L) states:

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]

The proposed development is compatible with adjacent development and

Site access and circulation do not negatively impact adjacent roadways or

Building elevations, design characteristics and other architectural and aesthetic

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]

The proposed multi-family residential development will be subject to City inspections

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

433 - VAR-58121 and VAR-58122

0 - VAR-58121 and VAR-58122

1 - VAR-58121 and VAR-58122

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 - REVISED

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 - REVISED

VAR-58121, VAR-58122, VAR-58123 and SDR-58124

VAR-58121, VAR-58122, VAR-58123 and SDR-58124

VAR-58121, VAR-58122, VAR-58123 and SDR-58124

VAR-58121, VAR-58122, VAR-58123 and SDR-58124 - REVISED

VAR-58121, VAR-58122, VAR-58123 and SDR-58124

VAR-58121, VAR-58122, VAR-58123 and SDR-58124