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COMMISSIONERS
Facilities are provided throughout City Hall for convenience of persons with disabilities. For meetings held in the
Council Chambers, sound equipment is available for persons with hearing impairments. If you need an accommodation
to attend and participate in this meeting, please call the DEPARTMENT DESIGNEE at (702) 229-6301 and advise of
your need at least 48 hours in advance of the meeting. Dial 7-1-1 for Relay Nevada.
December 8, 2015
6:00 PM
ITEMS MAY BE TAKEN OUT OF THE ORDER PRESENTED AT THE DISCRETION OF THE CHAIRPERSON. TWO OR
MORE AGENDA ITEMS FOR CONSIDERATION MAY BE COMBINED; AND ANY ITEM ON THE AGENDA MAY BE
REMOVED OR RELATED DISCUSSION MAY BE DELAYED AT ANY TIME. BACKUP MATERIAL FOR THIS AGENDA
MAY BE OBTAINED FROM CHRYSTAL JACOBS, DEPARTMENT OF PLANNING, 333 NORTH RANCHO DRIVE, 3 RD
FLOOR, (702)-229-6301 OR ON THE CITYS WEBPAGE AT www.lasvegasnevada.gov.
NOTICE:
This meeting has been properly noticed and posted at the following locations:
City Hall, 495 South Main Street, 1st Floor
Clark County Government Center, 500 South Grand Central Parkway
Grant Sawyer Building, 555 East Washington Avenue
City of Las Vegas Development Services Center, 333 North Rancho Drive
ACTIONS:
ALL ACTIONS EXCEPT GENERAL PLAN AMENDMENTS, REZONINGS AND RELATED CASES
THERETO ARE FINAL UNLESS AN APPEAL IS FILED BY THE APPLICANT OR AN
AGGRIEVED PERSON, OR A REVIEW IS REQUESTED BY A MEMBER OF THE CITY
COUNCIL WITHIN TEN DAYS AND PAYMENT OF THOSE COSTS SHALL BE MADE UPON
FILING OF THE APPLICATION.
ANY ITEM LISTED IN THIS AGENDA MAY BE TAKEN OUT OF ORDER IF SO REQUESTED
BY THE APPLICANT, STAFF, OR A MEMBER OF THE PLANNING COMMISSION AND
AGREED TO BY THE PLANNING COMMISSION. THE PLANNING COMMISSION MAY
IMPOSE TIME LIMITATIONS, AS NECESSARY, ON THOSE PERSONS WISHING TO BE
HEARD ON ANY AGENDAED ITEM.
Planning Commission December 8, 2015 - Page 1
Staff will present each item to the Commission in order as shown on the agenda, along with a recommendation and
suggested conditions of approval, if appropriate.
2.
The applicant is asked to be at the public microphone during the staff presentation. When the staff presentation is
complete, the applicant should state his name and address, and indicate whether or not he accepts staffs conditions of
approval.
3.
If areas of concern are known in advance, or if the applicant does not accept staffs condition, the applicant or his
representative is invited to make a brief presentation of his item with emphasis on any items of concern.
4.
Persons other than the applicant who support the request are invited to make brief statements after the applicant. If
more than one supporter is present, comments should not be repetitive. A representative is welcome to speak and
indicate that he speaks for others in the audience who share his view.
5.
Objectors to the item will be heard after the applicant and any other supporters. All who wish to speak will be heard,
but in the interest of time it is suggested that representatives be selected who can summarize the views of any groups
of interested parties.
6.
After all objectors input has been received; the applicant will be invited to respond to any new issues raised.
7.
Following the applicants response, the public hearing will be closed; Commissioners will discuss the item amongst
themselves, ask any questions they feel are appropriate, and proceed to a motion and decision on the matter.
8.
Letters, petitions, photographs and other submissions to the Commission will be retained for the record. Large maps,
models and other materials may be displayed to the Commission from the microphone area, but need not be handed in
for the record unless requested by the Commission.
As a courtesy, we would ask those not speaking to be seated and not interrupt the speaker or the Commission. We appreciate
your courtesy and hope you will help us make your visit with the Commission a good and fair experience.
BUSINESS ITEMS:
1.
CALL TO ORDER
2.
3.
ROLL CALL
4.
PUBLIC COMMENT DURING THIS PORTION OF THE AGENDA MUST BE LIMITED TO MATTERS ON THE
AGENDA FOR ACTION. IF YOU WISH TO BE HEARD, COME TO THE PODIUM AND GIVE YOUR NAME FOR
THE RECORD. THE AMOUNT OF DISCUSSION, AS WELL AS THE AMOUNT OF TIME ANY SINGLE
SPEAKER IS ALLOWED, MAY BE LIMITED
5.
FOR POSSIBLE ACTION TO APPROVE THE FINAL MINUTES FOR THE PLANNING COMMISSION MEETING
OF NOVEMBER 3, 2015.
6.
FOR POSSIBLE ACTION - Any Items from the Planning Commission, staff and/or the applicant wish to be stricken or
held in abeyance to a future meeting may be brought forward and acted upon at this time.
CONSENT ITEMS:
CONSENT ITEMS ARE CONSIDERED ROUTINE BY THE PLANNING COMMISSION AND MAY BE ENACTED BY ONE
MOTION. HOWEVER, ANY ITEM MAY BE DISCUSSED IF A COMMISSION MEMBER OR APPLICANT SO DESIRES.
8.
ZON-61842 - REZONING - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS - For possible
action on a request for a Rezoning FROM: R-1 (SINGLE FAMILY RESIDENTIAL) TO: C-2 (GENERAL
COMMERCIAL) on 1.06 acres at the southeast corner of Washington Avenue and Veterans Memorial Drive (APN 13927-708-001), Ward 5 (Barlow) [PRJ-61813]. Staff recommends APPROVAL.
9.
ZON-61843 - REZONING - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS - For possible
action on a request for a Rezoning FROM: R-1 (SINGLE FAMILY RESIDENTIAL) TO: C-2 (GENERAL
COMMERCIAL) on 2.61 acres at 925 North Las Vegas Boulevard (APN 139-27-708-003), Ward 5 (Barlow) [PRJ61813]. Staff recommends APPROVAL.
10.
11.
DIR-62068 - DIRECTOR'S BUSINESS - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS For discussion and possible action on a presentation regarding the City of Las Vegas Downtown Alley Design Guidebook.
Staff has NO RECOMMENDATION.
13.
14.
15.
16.
SUP-61698 - SPECIAL USE PERMIT RELATED TO GPA-59270 AND ZON-59271 - PUBLIC HEARING APPLICANT: POSITIVELY KIDS - OWNER: SWAN FOUNDATION, LLC - For possible action on a request for a
Special Use Permit FOR A PROPOSED 37-BED CONVALESCENT CARE FACILITY/NURSING HOME at 2496 West
Charleston Boulevard (APN 139-32-802-036), C-D (Commercial-Development) Zone [PROPOSED: C-1 (Limited
Commercial)], Ward 1 (Tarkanian) [PRJ-58502]. Staff recommends APPROVAL.
17.
ABEYANCE - RENOTIFICATION - SDR-59272 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA59270, ZON-59271 AND SUP-61698 - PUBLIC HEARING - APPLICANT: POSITIVELY KIDS - OWNER:
SWAN FOUNDATION, LLC - For possible action on a request for a Site Development Plan Review FOR A
PROPOSED 37-BED CONVALESCENT CARE FACILITY/NURSING HOME on 1.82 acres at 2496 West Charleston
Boulevard (APN 139-32-802-036), C-D (Commercial-Development) Zone [PROPOSED: C-1 (Limited Commercial)],
Ward 1 (Tarkanian) [PRJ-58502]. Staff recommends APPROVAL.
18.
19.
ABEYANCE - ZON-60978 - REZONING RELATED TO GPA-60977 - PUBLIC HEARING APPLICANT/OWNER: RAINBOW ANN (I), LLC - For possible action on a request for a Rezoning FROM: R-E
(RESIDENCE ESTATES) TO: C-1 (LIMITED COMMERCIAL) on 1.64 acres on the southeast corner of Ann Road and
Rainbow Boulevard (APNs 125-35-101-001 and 002), Ward 4 (Anthony) [PRJ-60825]. Staff recommends APPROVAL.
20.
ABEYANCE - SUP-60980 - SPECIAL USE PERMIT RELATED TO GPA-60977 AND ZON-60978 - PUBLIC
HEARING - APPLICANT/OWNER: RAINBOW ANN (I), LLC - For possible action on a request for a Special Use
Permit FOR A PROPOSED CAR WASH, FULL SERVICE OR AUTO DETAILING USE on 1.64 acres on the southeast
corner of Ann Road and Rainbow Boulevard (APNs 125-35-101-001 and 002), R-E (Residence Estates) [PROPOSED: C1 (Service Commercial)] Zone, Ward 4 (Anthony) [PRJ-60825]. Staff recommends DENIAL.
21.
ABEYANCE - SUP-60982 - SPECIAL USE PERMIT RELATED TO GPA-60977, ZON-60978 AND SUP-60980 PUBLIC HEARING - APPLICANT/OWNER: RAINBOW ANN (I), LLC - For possible action on a request for a
Special Use Permit FOR A BEER/WINE/COOLER OFF-SALE ESTABLISHMENT on 1.64 acres on the southeast corner
of Ann Road and Rainbow Boulevard (APNs 125-35-101-001 and 002), R-E (Residence Estates) [PROPOSED: C-1
(Service Commercial)] Zone, Ward 4 (Anthony) [PRJ-60825]. Staff recommends DENIAL.
22.
23.
VAR-61938 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: LAS VEGAS BIBLE CHURCH - For
possible action on a request for a Variance TO ALLOW NO ADDITIONAL OFFSITE IMPROVEMENTS WHERE
COMPLETE STREETS STANDARDS REQUIRE A FIVE-FOOT WIDE SIDEWALK, A FIVE-FOOT WIDE
AMENITY ZONE, AND OTHER AMENITIES ARE REQUIRED FOR 60-FOOT MINOR COLLECTORS on 1.00 acres
at the northwest corner of Donald Nelson Avenue and Jones Boulevard (APN 125-14-604-005), R-E (Residence Estates)
Zone, Ward 6 (Ross) [PRJ-60315]. Staff recommends DENIAL.
24.
25.
ABEYANCE - RENOTIFICATION - SDR-60379 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR61938 AND SUP-60378 - PUBLIC HEARING - APPLICANT/OWNER: LAS VEGAS BIBLE CHURCH - For
possible action on a request for a Site Development Plan Review FOR A PROPOSED 3,344 SQUARE-FOOT
CHURCH/HOUSE OF WORSHIP WITH A WAIVER TO ALLOW A BUILDING NOT TO BE ORIENTED TO THE
CORNER AND THE STREET FRONTS WHERE SUCH IS REQUIRED on 1.00 acre located at the northwest corner of
Donald Nelson Avenue and Jones Boulevard (APN 125-14-604-005), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ60315]. Staff recommends DENIAL.
26.
ABEYANCE - SUP-61299 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: MARCUS SGRIZZI OWNER: DURANGO SAHARA, LLC - For possible action on a request for a Special Use Permit FOR A
BEER/WINE/COOLER ON-SALE ESTABLISHMENT WITHIN A PROPOSED 2,537 SQUARE-FOOT
RESTAURANT WITH 800 SQUARE FEET OF OUTDOOR SEATING AREA AND A WAIVER TO ALLOW A
ZERO-FOOT DISTANCE SEPARATION FROM AN INDIVIDUAL CARE CENTER LICENSED FOR MORE THAN
12 CHILDREN WHERE 400 FEET IS REQUIRED at 8615 West Sahara Avenue (APN 163-08-510-009), C-1 (Limited
Commercial) Zone, Ward 2 (Beers) [PRJ-61176]. Staff recommends APPROVAL.
27.
28.
29.
VAR-61046 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: KIM J LECLAIR - For possible action
on a request for a Variance TO ALLOW AN EXISTING DETACHED ACCESSORY STRUCTURES (CLASS II)
[HORSE CORRALS] TO BE LOCATED IN THE FRONT YARD WHERE SUCH IS NOT PERMITTED, TO ALLOW
A ONE-FOOT DISTANCE SEPARATION FROM THE MAIN DWELLING FOR AN EXISTING DETACHED
ACCESSORY STRUCTURES (CLASS II) [SHADE STRUCTURE] WHERE SIX FEET IS REQUIRED, TO ALLOW A
ONE-FOOT SIDE YARD SETBACK FOR EXISTING ACCESSORY STRUCTURES (CLASS II) [A 192 SQUAREFOOT HAY BARN AND A 48 SQUARE-FOOT WELL HOUSE] WHERE 10 FEET IS REQUIRED, TO ALLOW AN
EIGHT-FOOT REAR YARD SETBACK FOR AN ACCESSORY STRUCTURE CLASS II [ANIMAL SHADE
STRUCTURE] WHERE 10 FEET IS REQUIRED, AND TO ALLOW A 12-FOOT CORNER SIDE YARD SETBACK
FOR ACCESSORY STRUCTURES [ANIMAL SHADE STRUCTURE AND TACK ROOM] WHERE 15 FEET IS
REQUIRED on 1.29 acres at 5525 West Rome Boulevard (APN 125-24-403-001), R-E (Residence Estates) Zone, Ward 6
(Ross) [PRJ-59862]. Staff recommends DENIAL.
30.
31.
SUP-61183 - SPECIAL USE PERMIT RELATED TO VAR-61046 AND SUP-61047 - PUBLIC HEARING APPLICANT/OWNER: KIM J LECLAIR - For possible action on a request for a Special Use Permit FOR A
PROPOSED HORSE CORRAL OR STABLE (COMMERCIAL) USE TO PROVIDE INSTRUCTIONAL OR
RECREATIONAL ACTIVITIES FOR OTHER THAN OCCUPANTS OF THE PREMISES at 5525 West Rome
Boulevard (APN 125-24-403-001), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-59862]. Staff recommends
DENIAL.
32.
33.
34.
35.
36.
VAR-61859 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: DR HORTON INC. - For possible action
on a request for a Variance TO ALLOW NO OFFSITE IMPROVEMENTS WHERE COMPLETE STREET
STANDARDS REQUIRE A FIVE-FOOT WIDE SIDEWALK, A FIVE-FOOT WIDE AMENITY ZONE AND OTHER
AMENITIES FOR 60-FOOT WIDE MINOR COLLECTOR STREETS on 10.0 acres on the west side of Eula Street north
and south of Azure Drive (APNs 125-30-101-008 and 125-30-201-002 ), R-E (Residence Estates) Zone, Ward 6 (Ross)
[PRJ-61793]. Staff recommends DENIAL.
37.
38.
WVR-61858 - WAIVER RELATED TO VAR-61859 AND WVR-61857 - PUBLIC HEARING APPLICANT/OWNER: DR HORTON INC. - For possible action on a request for a Waiver TO ALLOW A GATED
37-FOOT WIDE PRIVATE RESIDENTIAL STREET WITH NO SIDEWALK OR AMENITY ZONE WHERE A
GATED 47-FOOT WIDE RESIDENTIAL STREET WITH A THREE-FOOT WIDE AMENITY ZONE AND
SIDEWALK, AND OTHER AMENITIES ARE REQUIRED on 5.0 acres on the southwest corner of Azure Drive and
Eula Street (APN 125-30-201-002), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-61793]. Staff recommends
DENIAL.
39.
40.
SDR-61862 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-61860 - PUBLIC HEARING APPLICANT/OWNER: AZURE DEVELOPMENT, LLC - For possible action on a request for a Site Development
Plan Review FOR A 31,050 SQUARE-FOOT COMMERCIAL RECREATION/AMUSEMENT (INDOOR) FACILITY
(GAME COURTS) WITH WAIVERS OF TOWN CENTER PARKING LOT LANDSCAPING AND BUILDING
FACADE REQUIREMENTS on 1.43 acres on the south side of Azure Drive, approximately 455 feet west of Tenaya Way
(APN 125-27-222-014), T-C (Town Center) Zone [GC-TC (General Commercial - Town Center) Special Land Use
Designation], Ward 6 (Ross) [PRJ-61836]. Staff recommends DENIAL.
41.
VAR-62029 - VARIANCE - PUBLIC HEARING - APPLICANT: HELLFIRE MEDIA, LLC - OWNER: STATE
BAR OF NEVADA - For possible action on a request for a Variance TO ALLOW 33 PARKING SPACES WHERE 35
PARKING SPACES ARE REQUIRED FOR A PROPOSED 10,248 SQUARE-FOOT MUSEUM, ART DISPLAY, OR
ART SALES (PRIVATE) on 0.78 acres at 600 East Charleston Boulevard (APN 162-03-501-001), P-R (Professional
Office and Parking) Zone, Ward 3 (Coffin) [PRJ-61465]. Staff recommends DENIAL.
Planning Commission December 8, 2015 - Page 6
42.
43.
VAR-61411 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: 320 S 11TH, LLC - For possible action
on a request for a Variance TO ALLOW A FRONT LOADED GARAGE IN FRONT OF THE PRIMARY STRUCTURE
WHERE SUCH IS NOT PERMITTED, TO ALLOW ACCESSORY STRUCTURES THAT ARE NOT
AESTHETICALLY COMPATIBLE WITH THE PRINCIPAL DWELLING, TO ALLOW A SEVEN-FOOT FRONT
YARD SETBACK WHERE 10 FEET IS REQUIRED, TO ALLOW A ZERO-FOOT SIDE YARD SETBACK WHERE
THREE FEET IS REQUIRED, TO ALLOW A ZERO-FOOT REAR YARD SETBACK WHERE THREE FEET IS
REQUIRED AND TO ALLOW BUILDING SEPARATIONS OF ZERO FEET AND FOUR-FOOT WHERE SIX FEET
IS THE MINIMUM REQUIRED FOR TWO EXISTING ACCESSORY STRUCTURES (CLASS II) [GARAGES]
TOTALING 1,931 SQUARE FEET on 0.17 acres at 320 South 11th Street (APN 139-34-712-095), R-4 (High Density
Residential) Zone, Ward 3 (Coffin) [PRJ-61288]. Staff recommends DENIAL.
44.
VAR-61754 - VARIANCE - PUBLIC HEARING - APPLICANT: PRACHATOUCH THONGUTHAISIRI OWNER: THREE J'S - For possible action on a request for a Variance TO ALLOW 41 PARKING SPACES WHERE
63 PARKING SPACES ARE REQUIRED FOR AN EXISTING RESTAURANT on 0.28 acres at 3839 West Sahara
Avenue, Suite #9 (APN 162-07-512-002), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ-61576]. Staff
recommends DENIAL.
45.
46.
SUP-61781 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: MURPHY OIL, USA - OWNER:
PARRIS ROBINSON EASTERN, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED
1,400 SQUARE-FOOT BEER/WINE/COOLER OFF-SALE ESTABLISHMENT at the southwest corner of Craig Road
and Jones Boulevard (portion of APN 138-02-702-001), C-2 (General Commercial) Zone, Ward 4 (Anthony) [PRJ61694]. Staff recommends DENIAL.
47.
SDR-61785 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-61781 - PUBLIC HEARING APPLICANT: MURPHY OIL, USA - OWNER: PARRIS ROBINSON EASTERN, LLC - For possible action on a
request for a Site Development Plan Review FOR A PROPOSED 1,400 SQUARE-FOOT GENERAL RETAIL STORE
(CONVENIENCE STORE WITH FUEL PUMPS) WITH A WAIVER TO NOT ORIENT THE BUILDING TO THE
CORNER WHERE SUCH IS REQUIRED on a 1.06-acre portion of a 24.06-acre parcel at the southwest corner of Craig
Road and Jones Boulevard (portion of APN 138-02-702-001), C-2 (General Commercial) Zone, Ward 4 (Anthony) [PRJ61694]. Staff recommends DENIAL.
48.
SUP-61789 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: RED HOOK CAPITAL PARTNERS
II, LLC - OWNER: WELLS FARGO BANK, N.A. TRUST - For possible action on a request for a Special Use Permit
FOR A PROPOSED PUBLIC OR PRIVATE SCHOOL, PRIMARY at 7951 West Deer Springs Way (APN 125-21-710008), T-C (Town Center) Zone [SX-TC (Suburban Mixed Use - Town Center) Special Land Use Designation], Ward 6
(Ross) [PRJ-61708]. Staff recommends APPROVAL.
49.
SDR-61790 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-61789 - PUBLIC HEARING APPLICANT: RED HOOK CAPITAL PARTNERS II, LLC - OWNER: WELLS FARGO BANK, N.A. TRUST For possible action on a request for a Site Development Plan Review FOR A 36,205 SQUARE-FOOT PUBLIC SCHOOL,
PRIMARY WITHIN AN EXISTING BUILDING AND AN OUTDOOR PLAYGROUND on 2.22 acres at 7951 West
Deer Springs Way (APN 125-21-710-008), T-C (Town Center) Zone [SX-TC (Suburban Mixed Use - Town Center)
Special Land Use Designation], Ward 6 (Ross) [PRJ-61708]. Staff recommends APPROVAL.
50.
DIRECTOR'S BUSINESS:
51.
TXT-62304 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS - For
discussion and possible action on a request to amend LVMC 19.12.070 minimum Special Use Permit requirements related
to Motor Vehicle Sales (Used) to prohibit the use on Rancho Drive, between Vegas Drive and Craig Road, and to provide
for other related matters. Staff has NO RECOMMENDATION.
CITIZENS PARTICIPATION:
52.
CITIZENS PARTICIPATION: PUBLIC COMMENT DURING THIS PORTION OF THE AGENDA MUST BE
LIMITED TO MATTERS WITHIN THE JURISDICTION OF THE PLANNING COMMISSION. NO SUBJECT MAY
BE ACTED UPON BY THE PLANNING COMMISSION UNLESS THAT SUBJECT IS ON THE AGENDA AND IS
SCHEDULED FOR ACTION. IF YOU WISH TO BE HEARD, COME TO THE PODIUM AND GIVE YOUR NAME
FOR THE RECORD. THE AMOUNT OF DISCUSSION ON ANY SINGLE SUBJECT, AS WELL AS THE AMOUNT
OF TIME ANY SINGLE SPEAKER IS ALLOWED, MAY BE LIMITED
Discussion
SUBJECT:
TMP-61533 - TENTATIVE MAP - HOP (A COMMERCIAL SUBDIVISION) - APPLICANT:
DAVID MASON REALTY - OWNER: HOP, LLC - For possible action on a request for a
Tentative Map FOR A ONE-LOT COMMERCIAL SUBDIVISION on 0.48 acres on the west
side of 3rd Street, 100 feet south of Colorado Avenue (APN 162-03-105-004), C-2 (General
Commercial) Zone, Ward 3 (Coffin) [PRJ-61448]. Staff recommends APPROVAL
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within Seven Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
TMP-61533 [PRJ-61448]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
RECOMMENDATION
REQUIRED FOR
APPROVAL
TMP-61533
** CONDITIONS **
TMP-61533 CONDITIONS
Planning
1.
Approval of the Tentative Map shall be for no more than four (4) years. If a Final Map is
not recorded on all or a portion of the area embraced by the Tentative Map within four (4)
years of the approval of the Tentative Map, this action is void.
2.
The Final Map shall contain a note granting perpetual common access and parking across
the entire subdivision.
3.
All development is subject to the conditions of City Departments and State Subdivision
Statutes.
Public Works
4.
The onsite sewer shall be private and per Title 19.16.060.W.2, sewer service for this
commercial subdivision shall be shown in accordance with one of the following two
alternatives, and the appropriate note shall appear on the face of the recorded Final Map:
I.
II.
On-site sewers are a common element privately owned and maintained per the
Conditions, Covenants, and Restrictions (CC&Rs) of this commercial subdivision.
On-site sewers are a common element privately owned and maintained per the Joint
Use Agreement of this commercial subdivision.
SS
TMP-61533 [PRJ-61448]
Conditions Page Two
December 8, 2015 - Planning Commission Meeting
5.
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.
6.
Contact the City Engineers Office at 702-229-6272 to coordinate the development of this
project with the Las Vegas Boulevard Improvements project and any other public
improvement projects adjacent to this site. Comply with the recommendations of the City
Engineer.
7.
Meet with the Fire Protection Engineering Section of the Department of Fire Services to
discuss fire requirements for this Site Plan prior to submittal of construction drawings for
this site.
8.
Per Title 19.16.060.W.1, provide a note on the Final Map that states, All parcels created
through this map shall have perpetual unobstructed access to all driveways servicing the
overall subdivision unless incompatible uses can be demonstrated to the satisfaction of the
City Engineer.
9.
Per Title 19.16.060.W.3, provide a note on the Final Map that states, All subdivided lots
within this Final Map shall provide perpetual inter-lot drainage rights across all existing
and future parcel limits. This condition shall not be enforced if the Owner demonstrates
to the satisfaction of the Flood Control Section of Public Works that each lot can drain
independently to abutting public roadways.
10.
As per Unified Development Code (UDC) 19.16.060.G, all requirements must be complied
with or such future compliance must be guaranteed by an approved performance security
method in accordance with UDC Sections 19.02.130.C and 19.02.130.E.
11.
The approval of all Public Works related improvements shown on this Tentative Map is in
concept only. Specific design and construction details relating to size, type and/or
alignment of improvements, including but not limited to street, sewer and drainage
improvements, shall be resolved prior to approval of the construction plans by the City. No
deviations from adopted City Standards shall be allowed unless specific written approval
for such is received from the City Engineer prior to the recordation of a Final Map or the
approval of subdivision-related construction plans, whichever may occur first. Approval of
this Tentative Map does not constitute approval of any deviations. If such approval cannot
be obtained, a revised Tentative Map must be submitted showing elimination of such
deviations.
SS
TMP-61533 [PRJ-61448]
Staff Report Page One
December 8, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting a tentative map to remap the subject parcel as a one-lot commercial
subdivision. The parcel previously consisted of three lots platted in 1926. In June 2015 these
lots were reverted back to raw acreage in conjunction with a proposal for an urban lounge at
1310 South 3rd Street, as the existing building crossed the lot lines. The submitted tentative map
is in conformance with Title 19 standards and meets NRS requirements for tentative maps;
therefore, staff recommends approval. If denied, records of survey delineating multiple fee
interest parcels over the site cannot be recorded.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The Board of City Commissioners approved a Rezoning (Z-0013-66) from R4 to C-2 on 0.32 acres on the west side of 4th Street between Colorado
02/16/66
Avenue and Imperial Avenue (Lots 11-12 of Block 15 of Boulder Addition).
The Planning Commission recommended approval.
The Board of City Commissioners approved a Rezoning (Z-0047-66) from R4 to C-2 on 0.16 acres on the west side of 4th Street between Colorado
08/17/66
Avenue and Imperial Avenue (Lot 13 of Block 15 of Boulder Addition). The
Planning Commission recommended approval.
The Planning Commission approved a Special Use Permit (SUP-53471) for a
05/13/14
proposed 17,321 square-foot Urban Lounge with 970 square feet of outside
seating area at 1310 South 3rd Street. Staff recommended approval.
A Reversionary Final Map (FMP-58742) to revert three platted lots to acreage
05/22/15
on 0.48 acres on the west side of 3rd Street, 100 feet south of Colorado
Avenue, was recorded.
SS
TMP-61533 [PRJ-61448]
Staff Report Page Two
December 8, 2015 - Planning Commission Meeting
Pre-Application Meeting
Submittal requirements for a tentative map were discussed. Staff noted that
the previously recorded reversionary map did not change the boundary of the
09/28/15
Las Vegas Arts District, so development standards may differ for future
development.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
10/29/15
Surrounding
Property
Subject Property
North
South
East
West
Planned or Special
Land Use Designation
C-2 (General
Commercial)
C-1 (Limited
Commercial)
C-2 (General
Commercial)
ROW (Right-of-Way)
ROW (Right-of-Way)
C-2 (General
Commercial)
R-4 (High Density
Residential)
Compliance
Y
SS
TMP-61533 [PRJ-61448]
Staff Report Page Three
December 8, 2015 - Planning Commission Meeting
Compliance
Y
Y
Compliance
N/A
Y
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to the Downtown Centennial Plan and 19.08, the following standards apply:
Standard
Required/Allowed
Provided
Compliance
Min. Lot Size
N/A
21,022 SF
N/A
Min. Lot Width
100 Feet
150 Feet
Y
Max. Lot Coverage
N/A
43 %
N/A
Street Name
Functional
Classification of
Street(s)
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
3rd Street
Major Collector
80
ANALYSIS
Development within 18b The Las Vegas Arts District is subject to the requirements of the
Downtown Centennial Plan. Where the Downtown Centennial Plan is silent, Title 19 applies. In
this case, the requirements for tentative maps are covered under Title 19.16.050. The parcel and
adjacent street are completely developed and improved.
Mapping the site as a one-lot commercial subdivision would allow the subdivider to create
records of survey delineating property lines and eventually parcels that can be sold with a deed
and legal description.
Cross sections of the site were provided, although the site is already fully improved and no
grading is necessary. Since this property will be a commercial subdivision and is surrounded by
existing buildings, no retaining walls are shown or anticipated. An existing six-foot tall wrought
iron fence separates the site from the property to the south.
SS
TMP-61533 [PRJ-61448]
Staff Report Page Four
December 8, 2015 - Planning Commission Meeting
FINDINGS (TMP-61533)
The map is in conformance with Downtown Centennial Plan standards and with Title 19
requirements for Tentative Maps. Staff therefore recommends approval with conditions.
NOTICES MAILED
N/A
APPROVALS
PROTESTS
32
SS
TMP-61533
TMP-61533
TMP-61533
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TMP-61533 [PRJ-61448] - TENTATIVE MAP - APPLICANT: DAVID MASON REALTY - OWNER: HOP, LLC
WEST SIDE OF 3RD STREET, 100 FEET SOUTH OF COLORADO AVENUE
10/29/15
TMP-61533 [PRJ-61448] - TENTATIVE MAP - APPLICANT: DAVID MASON REALTY - OWNER: HOP, LLC
WEST SIDE OF 3RD STREET, 100 FEET SOUTH OF COLORADO AVENUE
10/29/15
Discussion
SUBJECT:
ZON-61842 - REZONING - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS
VEGAS - For possible action on a request for a Rezoning FROM: R-1 (SINGLE FAMILY
RESIDENTIAL) TO: C-2 (GENERAL COMMERCIAL) on 1.06 acres at the southeast corner of
Washington Avenue and Veterans Memorial Drive (APN 139-27-708-001), Ward 5 (Barlow)
[PRJ-61813]. Staff recommends APPROVAL.
C.C.: 1/20/2016
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Staff Report - ZON-61842 and ZON-61843 [PRJ-61813]
3. Supporting Documentation- ZON-61842 and ZON-61843 [PRJ-61813]
4. Photo(s) - ZON-61842 and ZON-61843 [PRJ-61813]
5. Justification Letter- ZON-61842 and ZON-61843 [PRJ-61813]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
ZON-61842
ZON-61843
RECOMMENDATION
REQUIRED FOR
APPROVAL
NE
** STAFF REPORT **
PROJECT DESCRIPTION
Rezoning application request (ZON-61842) is for Assessors Parcel Number 139-27-708-001, a
vacant, undeveloped lot located on the southeast corner of Washington Avenue and Veterans
Memorial Drive. Rezoning application request (ZON-61843) is for 925 North Las Vegas
Boulevard (Assessors Parcel Number 139-27-708-003), located at the southwest corner of
Washington Avenue and North Las Vegas Boulevard. This parcel has been developed and
currently operates as a mortuary/funeral chapel. Both requests have been initiated by the City of
Las Vegas in accordance with the Downtown North Master Plan and the purchase agreement
entered into by the current property owner and the City of Las Vegas on November 4, 2015. The
subject sites are currently zoned R-1 (Single Family Residential) and are not in conformance
with the Downtown Area Land Use Designation of C (Commercial). Rezoning both subject sites to
C-2 (General Commercial) will bring both properties into conformance with the existing Downtown
Area Land Use Designation of C (Commercial) for both sites, staff therefore recommends approval
of both applications.
ISSUES
This request is a City initiated zoning action to bring the subject sites into compliance with
the existing Downtown Area Land Use Designation of C (Commercial), in accordance with the
Downtown North Master Plan and the purchase agreement entered into by the current
property owner and the City of Las Vegas on November 4, 2015.
Any future development of Assessors Parcel Number 139-27-708-001 and any future
redevelopment of Assessors Parcel Number 139-27-708-003 would require the approval of a
Site Development Plan Review.
BACKGROUND INFORMATION
Parcel Number 139-27-708-001
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a Rezoning (ZON-6412) from: R-1 (Single
Family Residential to: C-2 (General Commercial); Variance (VAR-6413) to
allow a 38.66 foot setback where Residential Adjacency Standards require
936 feet for a proposed mixed-use development; Special Use Permit (SUP06/15/05
6414) for a proposed mixed-use development; and Site Development Plan
Review (SDR-6411) for a 312-foot tall, 1,300,455 square-foot, mixed-use
development on 2.8 acres adjacent to the southeast corner of Washington
Avenue and Veterans Memorial Drive.
NE
NE
Pre-Application Meeting
Since this is a City initiated zoning action to bring both subject properties into compliance with
the Downtown Area Land Use Designation of C (Commercial), a pre-application meeting was
not necessary, nor was one held.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
NE
Planned or Special
Land Use Designation
Undeveloped
C (Commercial)
Government Facility
Public Library
PF (Public Facilities)
PF (Public Facilities)
East
Undeveloped
PF (Public Facilities)
West
Public School
North
South
NE
Funeral Home
South
East
Convenience
Store/Real Estate
Office/Residence
Hotel/Medical
Facility/Tavern
Public Library
Museum
West
Undeveloped
North
Planned or Special
Land Use Designation
C (Commercial)
M (Medium) and GC
(General Commercial)
PF (Public Facilities)
PF (Public Facilities)
C (Commercial)
C-V (Civic)
C-V (Civic)
C-2 (General
Commercial)
NE
DEVELOPMENT STANDARDS
No new development projects have been proposed in association with these rezoning
applications. Thus, no development standards apply at this time.
NE
ANALYSIS
Rezoning application request (ZON-61842) proposes to bring the subject site in conformance
with the Downtown North Master Plan, which states as one of its implementation strategies that
the Planning & Development Department shall initiate rezoning of properties to bring into
compliance with land use categories shown in this plan. By rezoning the parcel from R-1
(Single Family Residential) to C-2 (General Commercial) in accordance with the parcels current
Downtown Area Land Use Designation of C (Commercial), the rezoning action also brings the
subject site into compliance with the Downtown North Master Plan. Rezoning this parcel also meets
the goals set forth by the Redevelopment Agencies for this site as part of the Las Vegas
Redevelopment Plan Area. The goals of the Redevelopment Agency include to re-plan, redesign
and develop areas which are stagnant or improperly used and to eliminate and prevent the
spread of blight and deterioration By rezoning the subject site and bringing the parcel into
compliance with the Downtown Area Land Use Designation of C (Commercial), this allows the
site to be readily developed in accordance with Title 19 requirements for the C-2 (General
Commercial) zoning district, thus allowing for the potential for a stagnant, blighted site to be
activated.
Rezoning application request (ZON-61843), is proposed on a site that has been developed, and
currently operates as a mortuary/funeral chapel in accordance with Title 19.14 as a Legal, Nonconforming Land Use. Rezoning the site will not only bring the subject site into conformance
with the Downtown North Master Plan and the Downtown Area Land Use Designation of C
(Commercial), it will also bring the current land use into conformance with Title 19.12 for
Permissible Uses, as a Mortuary or Funeral Chapel is a permissible use in the C-2 (General
Commercial) zoning district. In addition, this rezoning application request also meets the goals of
the Redevelopment Agency to retain existing businesses by means of redevelopment and
rehabilitation activities and by encouraging cooperation and participation of owners, businesses and
public agencies in the revitalization of the Redevelopment Area, and to re-plan, redesign and
develop areas which are stagnant or improperly used if the Mortuary/Funeral Home ever vacated
the subject site.
Both rezoning requests have also been submitted in accordance with the purchase agreement
entered into by the current property owner and the City of Las Vegas on November 4, 2015. The
subject sites are currently zoned R-1 (Single Family Residential) and are not in compliance with
the Downtown North Master Plan, or the Downtown Area Land Use Designation of C
(Commercial). Rezoning both subject sites to C-2 (General Commercial) will bring both properties
into compliance with the existing Downtown Area Land Use Designation of C (Commercial), and
the Downtown North Master Plan for both sites. Since both Rezoning applications propose to bring
the subject sites into compliance with the above mentioned master plan area and special land use
designations, staff is recommending approval of both applications.
NE
2.
The uses which would be allowed on the subject property by approving the rezoning
will be compatible with the surrounding land uses and zoning districts.
The proposed C-2 (General Commercial) zoning district is one of four zoning districts
allowed in the C (Commercial) Downtown Area Land Use Designation. The uses allowed
in the proposed C-2 (General Commercial) zoning district are compatible with the
surrounding land uses and zoning districts located within the Downtown North Land Use
Plan. In addition, all buildings, structures, and land uses shall be used in accordance with
the uses permitted in Title 19.12 and all other applicable requirements of Title 19 for the
C-2 (General Commercial) zoning district.
3.
Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
In 2003, when the Downtown North Land Use Plan was adopted, only 27 percent of the
total land area in the Downtown North area was commercial. Improvements to
commercial areas throughout the Downtown North area and the addition of commercial
uses to the Downtown North area are high priorities for the Downtown North Land Use
Plan. Bringing the two subject sites into compliance with the Downtown Area Land Use
Designation of C (Commercial) by rezoning both parcels from R-1 (Single Family
Residential) to C-2 (General Commercial) promotes this priority by providing two sites
that offer the potential for immediate commercial development on the southeast corner of
Washington Avenue and Veterans Memorial Drive; and the potential for future
redevelopment on the southwest corner of Las Vegas Boulevard and Washington Avenue
if the Funeral Home/Mortuary should ever vacate the site.
NE
4.
Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed zoning district.
Assessors Parcel Number 139-27-708-001, located at the southeast corner of Washington
Avenue and Veterans Memorial Drive, is a corner lot serviced by Washington Avenue, an
80-foot Major Collector Street, and Veterans Memorial Drive, a Local 65-foot Street as
defined by the Master Plan of Streets and Highways and Title 13 respectively. While no
development plans have been submitted in conjunction with this application, the permitted
uses as defined by Title 19.12 permitted for the C-2 (General Commercial) zoning district
can be adequately served by both Washington Avenue and Veterans Memorial Drive.
Assessors Parcel Number 139-27-708-003, located at 925 North Las Vegas Boulevard, is
also a corner lot currently being served by North Las Vegas Boulevard, a 100-foot Primary
Arterial, and Washington Avenue, an 80-foot Major Collector Street, as defined by the
Master Plan of Streets and Highways. The subject site currently has two driveways
accessing North Las Vegas Boulevard, and one driveway accessing Washington Avenue.
These existing driveways adequately serve the current land use for the subject site, and any
redevelopment of the site, or change of land use, would require the sites existing
driveways to be reevaluated by the Department of Public Works, Traffic Division.
NOTICES MAILED
109 - ZON-61842
74 - ZON-61843
APPROVALS
0 - ZON-61842
0 - ZON-61843
PROTESTS
0 - ZON-61842
0 - ZON-61843
20 - ZON-61842
23 - ZON-61843
NE
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Discussion
SUBJECT:
ZON-61843 - REZONING - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS
VEGAS - For possible action on a request for a Rezoning FROM: R-1 (SINGLE FAMILY
RESIDENTIAL) TO: C-2 (GENERAL COMMERCIAL) on 2.61 acres at 925 North Las Vegas
Boulevard (APN 139-27-708-003), Ward 5 (Barlow) [PRJ-61813]. Staff recommends
APPROVAL.
C.C.: 1/20/2016
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
77
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Discussion
SUBJECT:
SUP-61864 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: TALON
NV MANAGEMENT, LLC - For possible action on a request for a Special Use Permit TO
ALLOW A GUEST HOUSE/CASITA WITH THREE ROOMS AND A BATHROOM at 9732
Highridge Drive (APN 138-18-419-008), P-C (Planned Community) Zone, Ward 2 (Beers) [PRJ61856]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
SUP-61864 [PRJ-61856]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-61864
RECOMMENDATION
Staff recommends APPROVAL, subject to conditions:
REQUIRED FOR
APPROVAL
N/A
** CONDITIONS **
SUP-61864 CONDITIONS
Planning
1.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
The applicant shall receive an approval letter from Summerlin North for this project prior
to approval of a building permit.
4.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
6.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
MR
SUP-61864 [PRJ-61856]
Staff Report Page One
December 8, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit to allow a proposed 2,095 square-foot guest
house/casita to have three rooms and a bathroom. The subject site is located at 9732 Highridge
Drive, in a P-C (Planned Community) zoning district within the SF3 (Single Family Detached)
land use designation. The subject property site is adjacent to 17-foot wide common lot and a
100-foot Primary Arterial (Lake Mead Boulevard). No negative impacts to surrounding
development are anticipated with this proposal; therefore, staff recommends approval with
conditions.
ISSUES
Per Summerlin Development Standards, a Special Use Permit is required to allow a Guest
House/Casita with three rooms and a bathroom where one room and a bathroom is permitted
P-C (Planned Community) zoning district within the SF3 (Single Family Detached)
Summerlin land use designation.
Mountain Trails Community Association, a sub-community association of Summerlin North,
conditionally approved this request on 08/19/15.
On 10/07/15 Summerlin North denied this requires with a reason that a copy of the subassociation approval letter is required to review the submittal.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved an Annexation (A-0020-86) request of 5,637 acres
generally located on the south side of Cheyenne Avenue west of Buffalo
12/01/86
Drive with an effective date of 06/10/87. The subject property was part of that
request.
MR
SUP-61864 [PRJ-61856]
Staff Report Page Two
December 8, 2015 - Planning Commission Meeting
Pre-Application Meeting
Staff conducted an informal meeting with the owners representative and
10/26/15
discussed the Special Use Permit submittal requirements for a three room
Guest House/Casita in Summerlin.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
10/29/15
A field check was conducted on the subject property and revealed a well
maintained single-family residence, with the back yard under construction.
Surrounding
Property
Subject Property
North
South
East
West
Planned or Special
Land Use Designation
PC (Planned
Community)
PC (Planned
Community)
PC (Planned
Community)
PC (Planned
Community)
PC (Planned
Community)
MR
SUP-61864 [PRJ-61856]
Staff Report Page Three
December 8, 2015 - Planning Commission Meeting
Compliance
Y
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to the Summerlin Development Standards , the following standards apply:
Standard
Required/Allowed
Provided
Compliance
Min. Setbacks
Side
5 Feet
5 Feet
Y
5 Feet
9 Feet
Y
Rear
Min. Distance Between Buildings
6 Feet
6 Feet
Y
ANALYSIS
This application is for a Special Use Permit to allow a proposed 2,095 square-foot guest
house/casita to have three rooms and a bathroom where Summerlin allows one room and a
bathroom for a guest house/casita. The subject site is located at 9732 Highridge Drive within the
P-C (Planned Community) Summerlin SF3 (Single Family Detached), Special Land Use
designation.
The Summerlin Development standards defines a guest house casita as A dwelling located on
the same lot as the principal residential dwelling, and which may be attached or detached from
the principal dwelling, and which provides living quarters for occupants, or guests of occupants,
of the principal dwelling, their domestic employees or caregivers. A guest house/casita can be
located in the front, side or rear yard of the lot and may be above a garage. Direct access from
the principal dwelling is not required.
The proposed structure meets the definition outlined above, as the provided floor plan and
justification letter details three separate room (a garage, hobby room, and pool changing room)
and a bathroom.
The minimum Conditional Use Permit requirements for this use include:
MR
SUP-61864 [PRJ-61856]
Staff Report Page Four
December 8, 2015 - Planning Commission Meeting
Guest houses/Casitas are only permitted in the EQR, ER, SF1, SF2, and SF3 land use districts
and shall comply to the following standards:
a. Guest houses/casitas shall be an ancillary use located on the same lot or parcel as the principal
residential dwelling.
b. Guest houses/casitas shall be occupied only by the occupant of the principal dwelling, their
temporary guests, or domestic employees and shall not be rented.
c. Guest houses/casitas shall be no taller than the principal dwelling.
d. Guest houses/casitas shall consist of no more than one room, a bathroom, and a walk-in closet.
Stoves are not permitted.
e. A guest house/casita may be located in a front yard if it meets the required setbacks and:
(1.) Is architecturally designed to be integrated into the front elevation of the principal
dwelling, so that it incorporates the exterior colors, materials, features and style thereof
and does not resemble an accessory structure;
(2.) When viewed form the street, the guest house/casita does not dominate the faade of,
nor obstruct the view of the main entrance to, the principal dwelling.
(3.) Is located in relation to the principal dwelling so as to create an internal
courtyard;
(4.) Access to the guest house/casita is not visible from the street which the principal
dwelling fronts;
(5.) If the guest house/casita is above ground floor and access thereto is by stairwell, the
stairwell shall be enclosed, and its
access shall not be perpendicular to the street
f. A guest house/casita may be located in a rear or side yard that meets the required
setbacks and, if detached from the principal dwelling, it shall have a minimum separation
of six (6) feet from the principal dwelling and a minimum setback of five (5) feet from
side and rear property lines.
g. Guest houses/casitas may be attached or detached from the principal dwelling.
h. Guest houses/casitas are not required to have internal access to the principal dwelling.
i. If a guest house/casita is detached from the principal dwelling, it shall have a
minimum separation of 6 feet from the principal dwelling
The applicant is requesting a three room guest and pool house within the Summerlin planned
community. The proposed structure meets all the minimum conditional use requirements listed
above, except d (Guest houses/casitas shall consist of no more than one room, a bathroom, and a
walk-in closet). A Special Use Permit is required to allow a guest house to consist of a garage,
hobby room, pool changing room, and a bathroom. The applicant has received approval from
Mountain Trails Community Association, the applicant sub-homeowners association on
08/19/15. Summerlin North denied the request, as a copy of the sub-association approval is
required proper to reviewing the request. A condition of approval has been added that a
Summerlin North approval is required prior issuance of a building permit. No additional parking
is required for the proposed use, as the parking requirements were addressed during the original
development of the site. With the approval of this Special Use Permit all Summerlin
Development Standards for Guest houses/Casitas use are met; therefore, staff is recommending
approval.
MR
SUP-61864 [PRJ-61856]
Staff Report Page Five
December 8, 2015 - Planning Commission Meeting
FINDINGS (SUP-61864)
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 Guest houses/Casitas use is compatible with the surrounding land uses and
can be conducted in a manner that is harmonious with surrounding land uses.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The subject site is 0.64 acres and is physically suitable for the intensity of the proposed
land use.
3.
Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
Access to the site will not change. Vehicles may enter the property from Highridge Drive a
37-foot wide private residential street.
4.
Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
Approval of this Special Use Permit will not compromise the public health safety and
general welfare of the public. The use will be subject to regular inspections and is subject
to licensing restrictions.
5.
The use meets all of the applicable conditions per Title 19.12.
The proposed use meets all applicable conditions of approval for Guest houses/Casitas
use per the Summerlin Development Standards.
NOTICES MAILED
20
231
MR
SUP-61864 [PRJ-61856]
Staff Report Page Six
December 8, 2015 - Planning Commission Meeting
APPROVALS
PROTESTS
MR
SUP-61864
SUP-61864
SUP-61864 - REVISED
SUP-61864 - REVISED
Ab77777
Ab7777
Ab7777
Ab7777
SUP-61864 - REVISED
SUP-61864 - REVISED
SUP-61864
Discussion
SUBJECT:
SDR-61444 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING APPLICANT/OWNER: AMBER INVESTMENT COMPANY - For possible action on a request
for a Site Development Plan Review FOR THE CONVERSION OF AN EXISTING 40-FOOT
TALL, 14-FOOT BY 48-FOOT OFF-PREMISE SIGN TO A DIGITAL DISPLAY UNIT (LED)
on 0.55 acres at 336 West Sahara Avenue (162-04-807-002) C-1 (Limited Commercial) Zone,
Ward 3 (Coffin) [PRJ-61409]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
SDR-61444 [PRJ-61409]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SDR-61444
RECOMMENDATION
Staff recommends APPROVAL, subject to conditions:
REQUIRED FOR
APPROVAL
N/A
** CONDITIONS **
SDR-61444 CONDITIONS
Planning
1.
Conformance to the Conditions of Approval for Special Use Permit (U-0052-95) shall be
required, except as amended herein.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
All development shall be in conformance with the site plan, and sign elevations, date
stamped 09/28/15, except as amended by conditions herein.
4.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
6.
All City Code requirements and design standards of all City Departments must be satisfied,
except as modified herein.
MR
SDR-61444 [PRJ-61409]
Staff Report Page One
December 8, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This request is for a Site Development Plan Review to convert the west face of an existing 14foot by 48-foot Off-Premise Sign to a Digital Display Unit (LED). The billboard is located at
336 West Sahara Avenue within the C-1 (Limited Commercial) zoning district. Special Use
Permit (U-0052-95) approved the 14-foot by 48-foot Off-Premise Sign with two-static sign
faces. The sign is not within 660 feet of any highway classified by the state of Nevada as part of
the interstate or primary highway system; therefore, it must be approved by City Council. The
site is part of commercial property with retail stores and restaurants and taverns. The OffPremise Sign is located on the northwest side of the site within the existing parking lot. The
existing sign is within 75 feet of a residential zoning and 275 from another billboard; however,
the location was approved by City Council on 06/21/95. This proposal meets all other Title 19
requirements and therefore, staff recommends approval with conditions. If denied, the OffPremise Sign can remain; however, the west face cannot be a digital display unit (LED).
ISSUES
The digital conversion of the west face of the existing Off-Premise sign requires the approval
of a Site Development Plan Review.
The sign is not within 660 feet of any highway classified by the state of Nevada as part of the
interstate or primary highway system; therefore it cannot be approved by means of a Minor
Site Development Plan Review.
Per Title 19.12.120 (G) (4), the City Council must review this sign modification by means of
a public hearing.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a request for a Special Use Permit (U-0052-95)
06/21/95
for a 14-foot by 48-foot Off-Premise Sign at 336 West Sahara Avenue. The
Board of Zoning Adjustment recommended denial on 05/23/95.
The City Council approved a request for a Required Review [U-0052-95(1)]
of a previously approved Special Use Permit (U-0052-95) that allowed a 1408/16/00
foot by 48-foot Off-Premise Sign at 336 West Sahara Avenue. The Planning
Commission recommended approval on 06/22/00.
MR
SDR-61444 [PRJ-61409]
Staff Report Page Two
December 8, 2015 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was held with the applicants representative to
09/23/15
discuss the submittal requirements to change west face of an existing OffPremise Sign to a digital display unit (LED) at 336 West Sahara Avenue.
MR
SDR-61444 [PRJ-61409]
Staff Report Page Three
December 8, 2015 - Planning Commission Meeting
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held
Field Check
10/29/15
Staff conducted a field check of the subject site. The Off-Premise Sign and
property were found to be in good condition.
Surrounding
Property
Subject Property
Parking Facility
Off-Premise Sign
Multi-Family
Residential
Commercial
Recreation/Amusement
(Outdoor)
Liquor Establishment,
Tavern
General Retail Store,
Other Than Listed
Restaurant
North
South
East
West
General Retail
Planned or Special
Land Use
Designation
C (Commercial)
MXU (Mixed Use)
CT (Commercial Tourist)
- Clark County
C (Commercial)
C-1 (Limited
Commercial)
C (Commercial)
C-1 (Limited
Commercial)
Compliance
Y
Compliance
Y
Y
Compliance
N/A
Y
N/A
N/A
MR
SDR-61444 [PRJ-61409]
Staff Report Page Four
December 8, 2015 - Planning Commission Meeting
DEVELOPMENT STANDARDS
Standards
Location
Zoning
Area
Code Requirement
No Off-Premise Sign may be
located within public right-ofway.
Off-Premise Signs are permitted
in C-1, C-2, C-M, and M zoning
districts only.
Provided
Sign is not located in the
public right-of-way
The sign is located on
property with a C-1
(Limited Commercial)
zoning category
The sign is 672 square feet
in size; no embellishment
Compliance
Y
Y
Y
MR
SDR-61444 [PRJ-61409]
Staff Report Page Five
December 8, 2015 - Planning Commission Meeting
ANALYSIS
The modification of an existing Off-Premise Sign within 660 feet of any highway classified by
the state of Nevada as part of the interstate or primary highway system can be accomplished by
means of a Minor Site Development Plan Review. The existing sign is approximately 2,100 feet
east of Interstate 15 and 1,500 feet from Las Vegas Boulevard. Per Title 19.12.120 (G) (4), In
the case of an adjustment, relocation or modification that exceeds the scope of the Directors
authority under Paragraph (1) above, any approval by the City Council may not be conditioned
upon a required periodic review of the sign if a condition requiring a review was not imposed
when the sign was initially approved. Action by the City Council under this Paragraph (4) will be
pursuant to a Site Development Plan Review with a public hearing rather than by means of the
Special Use Permit process otherwise applicable. A sign approved by the City Council under this
Paragraph (4) shall maintain any nonconforming status it had immediately before such
approval. The City Council must therefore review this sign modification by means of a public
hearing. The sign is located within the C-1 (Service Commercial) zoning district at 336 West
Sahara Boulevard. The sign is not within the Off-Premise Sign Exclusionary Zone. The sign
meets the minimum development requirements, with the exception of the distance to a
residentially zoned property and proximity to another Off-Premise sign. The current location was
approved by the City Council on 06/21/95. The neighborhood has not changed over the past two
decades. The continued use of the billboard with the west face changed to a digital display unit
(LED) will not negatively affect the surrounding land uses. The sign is compatible with the
existing and future land uses. For the above reason, staff is recommending approval of this
request, subject to conditions.
FINDINGS (SDR-61444)
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.
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;
The proposed change to the west sign face conforms to the General Plan and the overall
site development plan for the development.
MR
SDR-61444 [PRJ-61409]
Staff Report Page Six
December 8, 2015 - Planning Commission Meeting
3.
4.
Building and landscape materials are appropriate for the area and for the City;
The proposed building materials are appropriate for the area and for the City. The
applicant has will change the west face of an existing static billboard to a digital display
unit (LED). The change is not unsightly or obnoxious and is appropriate for the existing
neighborhood.
5.
6.
Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
The project will be subject to building permit reviews and inspections during construction
and prior to operating the LED billboard. Therefore, appropriate measures will be taken to
protect public health, safety and general welfare.
NOTICES MAILED
400
APPROVALS
PROTESTS
24
MR
SDR-61444
SDR-61444
SDR-61444
SDR-61444
SDR-61444
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SDR-61444
SITE
DEVELOPMENT
PLAN
REVIEW
APPLICANT/OWNER:
10/29/15
AMBER
SITE
DEVELOPMENT
PLAN
REVIEW
APPLICANT/OWNER:
10/29/15
AMBER
SDR-61444
Discussion
SUBJECT:
DIR-62068 - DIRECTORS BUSINESS - PUBLIC HEARING - APPLICANT/OWNER: CITY
OF LAS VEGAS - For discussion and possible action on a presentation regarding the City of Las
Vegas Downtown Alley Design Guidebook. Staff has NO RECOMMENDATION.
NO ACTION
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff has NO RECOMMENDATION
BACKUP DOCUMENTATION:
1. Supporting Documentation
Discussion
SUBJECT:
ABEYANCE - RENOTIFICATION - SUP-61097 - SPECIAL USE PERMIT - PUBLIC
HEARING - APPLICANT: TODD KESSLER - OWNER: 100 10TH STREET, LLC - For
possible action on a request for a Special Use Permit FOR A PROPOSED 3,268 SQUAREFOOT TAVERN-LIMITED ESTABLISHMENT WITH 3,152 SQUARE FEET OF OUTDOOR
SEATING AREA at 927 Fremont Street (APN 139-34-612-076), C-2 (General Commercial)
Zone, Ward 3 (Coffin) [PRJ-60880]. Staff recommends APPROVAL.
C.C.: 1/20/2016
PROTESTS RECEIVED BEFORE:
51
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest/Support Postcards, Letter with Proposed Additional Condition, Copy of Conditions
SUP-61097 [PRJ-60880]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-61097
RECOMMENDATION
REQUIRED FOR
APPROVAL
** CONDITIONS **
SUP-61097 CONDITIONS
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a TavernLimited Establishment use.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
4.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit, as well as submitted as part of any business license application.
5.
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.
7.
This business shall operate in conformance to Chapter 6.50 of the City of Las Vegas
Municipal Code.
8.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
JB
SUP-61097 [PRJ-60880]
Staff Report Page One
December 8, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit for a proposed Tavern-Limited Establishment at 927
Fremont Street. The establishment is made up of approximately 3,237 square feet gross floor
area with 475 square feet of outdoor seating. The applicant has indicated that the proposed
establishment will have an Old Vegas theme. Staff recommends approval of this request as it
directly meets the objectives of the Las Vegas Downtown Centennial Plan by encouraging
commercial growth. If denied, the applicant will not be allowed to operate a Tavern-Limited
Establishment at this location.
Revised plans were received for this item dated stamped 10/27/15; which revised the proposed
square footage to 3,268 square feet gross floor area with 3,152 square feet of outdoor seating.
ISSUES
The Tavern-Limited use is permitted in the C-2 (General Commercial) zoning district with
the approval of a Special Use Permit.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a request for Rezoning (Z-0100-64) from R1(Single Family Residential), R-4 (High Density Residential), C-1 (Limited
Commercial), C-2 (General Commercial) and C-V (Civic) to C-2 (General
12/16/64
Commercial) for approximately 230 acres generally located on property
bounded by Main Street to the west, Bonanza Road to the north, Las Vegas
Boulevard to the east and Charleston Boulevard to the south. The Planning
Commission recommended approval.
The City Council approved a request for an Extension of Time (EOT-43931)
01/18/12
of a Non-Conforming Tavern at 917 Fremont Street. Staff recommended
approval of the request.
This item was held in abeyance by the Planning Commission and will be re10/13/15
heard on 12/08/15.
SUP-61097 [PRJ-60880]
Staff Report Page Two
December 8, 2015 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was conducted with the applicant to go over the
08/24/15
application materials and submittal requirements for a Special Use Permit for
a proposed Tavern-Limited Establishment use.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
09/03/15
Surrounding
Property
Subject Property
Planned or Special
Land Use Designation
C (Commercial)
C-2 (General
Commercial)
JB
SUP-61097 [PRJ-60880]
Staff Report Page Three
December 8, 2015 - Planning Commission Meeting
Surrounding
Property
Planned or Special
Land Use Designation
North
Parking Lot
C (Commercial)
South
Parking Lot
C (Commercial)
East
RV Park
C (Commercial)
West
General Retail
C (Commercial)
Compliance
Y
Compliance
Y
Y
Compliance
N/A
Y
N/A
N/A
DEVELOPMENT STANDARDS
Street Name
Functional
Classification of
Street(s)
Fremont Street
Major Collector
10th Street
Major Collector
Governing Document
Master Plan of Street
and Highways
Master Plan of Street
and Highways
Actual
Street Width
(Feet)
Compliance
with Street
Section
80 Feet
80 Feet
JB
SUP-61097 [PRJ-60880]
Staff Report Page Four
December 8, 2015 - Planning Commission Meeting
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.
JB
SUP-61097 [PRJ-60880]
Staff Report Page Five
December 8, 2015 - Planning Commission Meeting
The project was submitted to outside agencies for comment. The Las Vegas Valley Water
District responded as follows: The 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 domestic meter sizing and backflow retrofit.
This project is located within the Downtown Centennial Plan East Village District within a
proposed 3,268 square-foot tenant space with 3,152 square feet of outdoor seating located within
an interior courtyard. The applicant has indicated that the proposed establishment will have a
Old Vegas theme, with a menu providing specialty seasonal cocktails named after Old Vegas
themes. The interior decorations will also provide art work displaying depictions of Old Las
Vegas. In addition, live entertainment will also be provided two nights a week by live musical
performances or by a disc jockey.
This project is located on Fremont Street and 10th Street with ample parking for the proposed
use provided by nearby public parking lots within one block of the establishment and public
parking meters located on all surrounding streets. The project is located within the Downtown
Centennial Plan area which allows for no automatic application of standard parking
requirements.
Staff recommends approval of the proposed Special Use Permit, with conditions, as this
proposed development specifically meets the goals of Las Vegas Downtown Centennial PlanEast Village District by providing new opportunities for commercial ventures.
FINDINGS (SUP-61097)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
1.
The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
The proposed Tavern-Limited Establishment will be located within the East Village
District of the Downtown Centennial Plan. The proposed use can be conducted in a
harmonious and compatible manner with the existing and future development within the
surrounding area.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The subject site can physically accommodate the proposed Tavern-Limited
Establishment use and is in close proximity other commercial uses in the area.
3.
Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
JB
SUP-61097 [PRJ-60880]
Staff Report Page Six
December 8, 2015 - Planning Commission Meeting
The proposed Tavern-Limited Establishment use is located on Fremont Street and 10th
Street, both streets are classified as 80-foot Major Collector Streets, as defined by the
Master Plan of Streets and Highways.
4.
Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
The proposed Special Use Permit request will not be inconsistent with or compromise the
public health, safety, and welfare or overall objectives of the General Plan.
5.
The use meets all of the applicable conditions per Title 19.12.
The proposed Tavern-Limited Establishment use meets all of the applicable conditions per
Title 19.12.
NOTICES MAILED
374
APPROVALS
51
PROTESTS
39
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SUP-61097
REVISED
SUP-61097
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SUP-61097 [PRJ-60880] - SPECIAL USE PERMIT - APPLICANT: TODD KESSLER - OWNER: 100 10TH
STREET, LLC
927 FREMONT STREET
09/03/15
SUP-61097 [PRJ-60880] - SPECIAL USE PERMIT - APPLICANT: TODD KESSLER - OWNER: 100 10TH
STREET, LLC
927 FREMONT STREET
09/03/15
SUP-61097 - REVISED
SUP-61097 - REVISED
HP LRSERJET FRXSHIRLEY
page
702454+?47
If
you wish to hle your protest or support on this request, check the
appropriate box below and reurn this cad in an envelope with postage to the
Deparlnnt of Planning at the ddress listed above, fax this sicc ttii cad to
Q2) 464-7499 or make your cornments at www.lvegasnevada-gov, If you
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would like to contact your Council Rcprcscntativc, please call (702) 2296405.
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('lOZ) 464-'f 499 or make your commonts a www.lasvcgasnevada.gov. ll'you
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Case: SUP.61097
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Case: SUP6J097
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would like to contact your Council Represcntative, please call (102) 2?96405.
I OPPOSE
this Request
I SUPPORT
this Request
393461 2080
1OOOFREMONTLLC
P o Box t570
LAS VEGAS NV 89125
Case: SUP61097
suP-610e7 [PRJ-60880]
Planning Commission Meeting
1
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I OPPOSE
1 39346120r 1
230 8TH STREET LLC
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LAS VEGAS NV 89140
Case: SUP-61097
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suP-1097 IPRJ-60880]
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would likc to contact your Council Represcntative, please call (702) 2296405.
I OPPOSE
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1 39346 1 2037
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393461 2054
109 gTH S-IREET L L G
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I OPPOSE
this Request
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(702) 464-7499 or make your comments at www.lasvegasnevada.gov. lf yott
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(702) 464-7499 or make your commcnts at www.lasvegasnevada.gov. If you
would likc to contact your Council Representative, please call (102) 229-
393461 1 024
Caso: SUP1097
612CARSONLLC
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LAS VEGAS NV 89125
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this Request
suP-6toe7 IPRJ-60880]
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I OPPOSE
393461 1 025
210 BTH STREE'T L L C
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Case: SUP-610t17
this Request
suP.6loe7 IPRJ-60880]
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would like to contact your Council Reprcscntative, please call (702) 229-
1393531002.1
Case: SUP'1097
l2OOFREMONTLLC
P O BOX 1570
LAS VEGAS NV 89125
I OPPOSE
this Request
suP-610e7 [PRJ-60880]
Planning Commission Meeting of l0/13/2015
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would like to contact your Council Represenlative, please call (702) ?29I OPPOSE
this Rcquest
393451 2029
Case: SUP-61097
suP-61097 [PRJ-60880]
Planning Commission Meeting of l0/l 312015
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(702) 464-7499 or make your comnents at www.lasvegasnevada.gov. If you
woufd like to contacl your Council Representative, please call (702) 229-
Case: SUP-1097
393471 2020
P O BOX 1570
LAS VEGAS NV 89125
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this Request
suP-610e7 [PRJ-60880]
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Depanment of Planning at the address listed above, fax this side of this card to
(7OZ) 464-7499 or make your comments al www.lasvegasnevada.gov. lf you
would likc to conlacl your Council Representative, please call ('102) 229-
Caso: SUP1097
393471 2068
901 BRIDGERLLC
P o BoX 1570
LAS VEGAS NV 89125
6405.
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this Request
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(702) 464-7499 or makc your commcnts at www.lasvegasnevada.gov. lf you
would like to contacl your Council Representative, please call (702) 229'
1a9g47120g3
case: suP1097
2O2llTHSTREETLLC
405.
P O BOX 1570
LAS VEGAS NV 89125
I OPPOSE
this Request
suP-6r0e7 IPRJ-60880]
Planning Commission Meeting
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of l0/1312015
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Department of Planning at the address listed above, fax this sitlc of this card to
('102) 4&J1499 or mrke your commenls a[ www,lasvegasnevlda.gov. If you
rvould like to contrct your Council Reprcscntative. please call (702) 2296405.
Case: SUP6'1097
1393521rt21
lOO4OGDENLLC
P O BOX 1570
I OPPOSE
this Request
LAS VEGAS
NV 89125
suP-610e7 IPRJ-60880]
Planning Commission Meeting of l0/1312015
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(702) 464-7499 or make your comments at www.lasvegasnevada.gov. lf you
woultl like to contact your Council Rcprcsentative, please call (102) 229'
3934612029
Case: SUP-61097
SOOFREMONTLLC
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this Request
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(7O2) 4&-7499 or make your comments ol www.lasvegasnevada.gov. lf you
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case: suP-61097
6405.
P O BOX 1570
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this Requcst
this Request
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Planning Commission Meeting of
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(702) 464-1499 or makc your comrnents al www.lasvcgasnevada.gov. Il'you
would like to contrcl your Council Representativc. please call (702) 2296405.
I.SUPPORT
I OPPOSE
this Request
this Request
393461 2053
Case: SUP-61097
suP-610e7 [PRJ-60880]
Planning Commission Meeting of l0/1312015
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(102) 464-1499 or makc your commonls al www.lasvegasnevada,gov, Il you
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393471 0003
Case: SUP-61097
601 BRIDGERLLC
P O BOX-j570'
LAS VEGAS NV 89125
I OPPOSE
this Request
suP-61097 IPRJ-60880]
Plarrning Conrmission Meeting
1r{'g
of l0/l
312015
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would like lo contact your Council Representative, please call (1O2) 229'
u'o'lTI
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this Request
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case: suP'61097
suP-6r097 [PRJ-60880]
Planning Commisson Meeting of l0/1312015
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Departmcnt ol Planning at the addrcss listed above, fax this sidc ol'this card to
(702) 464-1499 or make your commcnts al www.lasvegasncvada.gov. lf you
would like to contrct your Council Representalive, plcase call (1Q2) 2296405.
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riris Rcsuest
this Request
'13935310029
Case: SUP-61097
130T FREMONT L LC
P O BOX 1570
LAS VEGAS NV 89125
suP-610e7 [PRJ-0880]
Planning Commission
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Deparlmcnt ol'Planning at the addre.ss listed above, fax this side ol this card to
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would likc to contact your Council Representative, pleaso call (702) 229I OPPOSE
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css: suP-61097
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suP-6r0e7 IPRJ-60880]
Planning Commission Meeting of l0ll3/2O15
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(702) 4-7499 or make your comments at www.lasvegasnevada.gov. lf you
rvould likc to contact your Council Representative, please call (702) 2296405.
I SUPPORT
I OPPOSE
thi.s Rcqucst
this Request
PI
1393461202g
case: suP10e7
S99FREMONTLLC
P O BOX 1570
LAS VEGAS NV 89.I25
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(702) 464-7499 or make your commcnts at www.lasvegasnevirda.gov. ll you
would like to contacl your Council Represenlative, pleasc call (7Q2) 229-
1393s31ooo8
case: suP-61097
12 MABYL,AND PKWY L L C
P O BOX 1s70
LAS VEGAS NV 89125
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I OPPOSE
this Rcqucst
suP-61097 IPRJ-60880]
Planning Commission Meeting of 1U1312015
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Dcparlment of Planning at the addrcss listctl abovc. f'ax this sidc of this card to
(102) 461-7499 or make your comments at wvw.lasvcgasnevada.gov. lf you
would like to contact your Council Representative, pleasc ctll (7O2) 229I OPPOSE
this Request
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case: suP1097
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333 North Rancho Drive, 3d Floor
Las Vegas, Nevada 89106
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If
you wish
to file your
protest
the
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Department of Planning at the address listed above, fax this side of this card to
(702) 464-7499 or make your comments at www.lasvegasnevada.gov. If you
please call (7O2) 229would like to contact your Council Representati
HAWAIIAN-I L L C
2716 BAYO CT
LAS VEGAS NV 89102-2018
6405.
I SUPPORT
this Request
this Request
Case: SUP-61097
393461 2063
OPPOSE
suP-61097 [PRJ-60880]
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Las Vegas, Nevada 89106
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If
you wish
to file your
protest
or
appropriate box below and return this card in an envelope with postage to the
Department of Planning at the address listed above, fax this side of this card to
(702) 464-7499 or make your comments at www .lasvegasnevada.gov. If you
would like to contact your Council
ve, please call (7O2) 2296405.
I SUPPORT
this Request
this Request
OPPOSE
13934612064
case: suP-61097
suP-610e7 [PRJ-60880]
Planning Commission Meeting of l0l13/2015
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REAUIRED FOR
APPROVAL
RECOiIMEI!DATION
o conditi:
Staffrecomds
suP-61097 CONDITIONS
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This ryproval shll be void two ycars fiom th d*e of finel 4p'sal, rmless sr(crcisd
p.^,rdrit to e pn'ovisions of LfMC Title 19.16. An rtension of Tme may be filed for
considerdimby th City ofl-as Vegas-
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Thse Condtios of
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or wipg5 ae serred "tv i" coqirMion wift ryular neals md wbe rlining tables or
boofrs areprovided setrate fromte btin conformcewiTie 6'f)'
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7.
This business shall operate in conform to Chaer 650 of lhe City of Is Vegas
Municipal Code-
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Discussion
SUBJECT:
ABEYANCE - GPA-59270 - GENERAL PLAN AMENDMENT - PUBLIC HEARING APPLICANT: POSITIVELY KIDS - OWNER: SWAN FOUNDATION, LLC - For possible
action on a request for a General Plan Amendment FROM: O (OFFICE) TO: SC (SERVICE
COMMERCIAL) on 1.82 acres at 2496 West Charleston Boulevard (APN 139-32-802-036),
Ward 1 (Tarkanian) [PRJ-58502]. Staff recommends APPROVAL.
C.C.: 1/20/2016
PROTESTS RECEIVED BEFORE:
35
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - GPA-59270, ZON-59271, SUP-61698 and SDR-59272 [PRJ58502]
3. Supporting Documentation - GPA-59270, ZON-59271, SUP-61698 and SDR-59272 [PRJ58502]
4. Photo(s) - GPA-59270, ZON-59271, SUP-61698 and SDR-59272 [PRJ-58502]
5. Justification Letter - GPA-59270, ZON-59271, SUP-61698 and SDR-59272 [PRJ-58502]
6. Protest E-mail, Protest Petition and Protest/Support Postcards/Letters - GPA-59270, ZON59271 and SDR-59272 [PRJ-58502]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
GPA-59270
ZON-59271
SUP-61698
SDR-59272
RECOMMENDATION
Staff recommends APPROVAL.
Staff recommends APPROVAL.
Staff recommends APPROVAL.
Staff recommends APPROVAL, subject to conditions:
REQUIRED FOR
APPROVAL
GPA-59270
GPA-59270
GPA-59270
ZON-59271
SUP-61698
** CONDITIONS **
SDR-59272 CONDITIONS
Planning
1.
Approval of and conformance to the Conditions of Approval for General Plan Amendment
(GPA-59270), Rezoning (ZON-59271) and Special Use Permit (SUP-61698) shall be
required, if approved.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
All development shall be in conformance with the site plan, landscape plan, and building
elevations, date stamped 06/01/15, except as amended by conditions herein.
4.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
YK
6.
7.
All City Code requirements and design standards of all City Departments must be satisfied,
except as modified herein.
Public Works
8.
Correct all Americans with Disabilities Act (ADA) deficiencies on the sidewalks adjacent
to this site on Charleston Boulevard in accordance with code requirements of Title
13.56.040, if any, to the satisfaction of the City Engineer concurrent with development of
this site.
9.
Landscape and maintain all unimproved rights-of-way, if any, adjacent to this site. All
landscaping and private improvements installed with this project shall be situated and
maintained so as to not create sight visibility obstructions for vehicular traffic at all
development access drives and abutting street intersections.
10.
Obtain an Occupancy Permit from the Nevada Department of Transportation (NDOT) for
all private improvements in the Charleston Boulevard public right-of-way, if any, adjacent
to this site prior to constructing any improvements within NDOT jurisdiction.
11.
An update to the previously approved Drainage Plan and Technical Drainage Study must
be submitted to and approved by the Department of Public Works prior to submittal of any
construction drawings or the issuance of any building or grading permits, whichever may
occur first. Provide and improve all drainageways recommended in the approved drainage
study update.
YK
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting to convert an existing medical office building into a Convalescent
Care Facility/Nursing Home for children with life-threatening illnesses. The faade of the
building will remain but the interior of the building will be completely gutted and redesigned for
the proposed use. The site is over parked and the applicant is proposing to remove 12 parking
spaces in the rear of the property and create a green space for the children to enjoy during their
stay. In order to allow for the Convalescent Care Facility/Nursing Home use, a Rezoning and a
Site Development Plan Review application are required. Staff supports the requests, as the
project is located on a Primary Arterial street, near the medical district and has no direct access
to the residential neighborhood to the north.
ISSUES
Title 19 has been amended since this application was submitted to allow for a
Convalescent Care Facility/Nursing Home in the O (Office) district. Therefore, the
General Plan Amendment (GPA-59270) is no longer required.
As a result of the Title 19 amendment, the Rezoning application has been revised as
follows: from C-D (Commercial-Development) to O (Office) to allow for a Convalescent
Care Facility/Nursing Home. Staff supports this request.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
10/15/01
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)
to: DR (Desert Rural Density Residential); from: O (Office) to: DR (Desert
Rural Density Residential) and; from: L (Low Density Residential) to: DR
(Desert Rural Density Residential) in accordance with the recommendations
of the Rancho Charleston Land Use Study and Strategic Plan. The Planning
Commission and staff recommended approval.
03/15/06
The City Council approved a request for a Site Development Plan Review
(SDR-10519) for a proposed 40,385 square-foot professional office building,
with Waivers of the foundation landscaping requirement and of the
Commercial District Development Standards to allow a two story 34-foot
high building where a one-story, 20-foot building is the maximum allowed on
1.82 acres at 2496 West Charleston Boulevard. The Planning Commission
and staff recommended approval.
YK
Pre-Application Meeting
Staff met with the applicant and reviewed the applicants required to allow a
Convalescent Care Facility/Nursing Home at 2496 West Charleston
03/24/15
Boulevard. It was determined that a General Plan, Zoning and Site
Development Plan Review would be required. No other issues were noted.
Neighborhood Meeting
Meeting was held at Wasden Elementary School, 2831 Palomino Lane at 5:30
p.m. and ended at 6:00 p.m.
Attendance: 5 Applicants, 1 CLV Staff , 6 Residents
06/10/15
Two main concerns of residents: (1) Rezoning this property to C-1 would
start a domino-effect leading to other properties along Charleston being
rezoned from C-D to C-1; and (2) Other uses allowed in C-1 which could
occur should the convalescent care facility move or close.
YK
Field Check
06/04/15
Staff visited the site and found a well maintained vacant office building.
There was a lot of mature landscaping around the building and a very well
maintained parking lot and drive aisle. The inside of the building was never
built-out and is incomplete.
Surrounding
Property
Planned or Special
Land Use Designation
Office
O (Office)
C-D (CommercialDevelopment)
South
Single-Family,
Detached
Medical Office
DR (Desert Rural
Density Residential)
O (Office)
East
Medical Office
O (Office)
West
Office
Single-Family,
Detached
O (Office)
DR (Desert Rural
Density Residential)
Subject Property
North
R-PD2
P-O (Professional Office)
C-D (CommercialDevelopment)
R-E (Residence Estates)
Compliance
N/A
Compliance
Y
Y
Compliance
N/A
Y
N/A
N/A
YK
DEVELOPMENT STANDARDS
Pursuant to Title 19.08.070, the following standards apply:
Standard
Required/Allowed
Min. Lot Width
100 Feet
Min. Setbacks
Front
10 Feet
Side
10 Feet
20 Feet
Rear
Max. Lot Coverage
50 %
Max. Building Height
20 Feet
Trash Enclosure
Mech. Equipment
Screened, Gated, w/
a Roof or Trellis
Screened
Provided
165 Feet
Compliance
Y
25 Feet
10 Feet
25 Feet
28 %
20 Feet
Screened,
Gated, w/
a Roof or
Trellis
Screened
Y
Y
Y
Y
Y
Y
Y
Provided
Compliance
9 Trees
6 Trees
24 Trees
16 Trees
55 Trees
Y
Y
Y
Y
Y
12 Trees
8 Feet
21 Feet
8 Feet
8 Feet
6-Foot
Y
Y
Y
Y
Y
YK
Street Name
Functional
Classification of
Street(s)
Charleston
Boulevard
Primary Arterial
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
100
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
36-Beds
6 Per Bed
6
Convalescent
251 Per
Care
25
Employees
Employee
Facility/Nursing
3-Medical
Home
3
3
Personal
34
52
Y
TOTAL SPACES REQUIRED
32
2
49
3
Y
Regular and Handicap Spaces Required
ANALYSIS
The applicant is proposing to locate a Convalescent Care Facility/Nursing Home at 2496 West
Charleston Boulevard. A 21,726 square-foot office building was approved for the site in 2006
and construction began in 2008. However, the building was never completed. The applicant
would like to convert this unfinished building into a Convalescent Care Facility/Nursing Home.
Although all the exterior hardscape was completed, the applicant is proposing to remove 12 of
the 18 excess parking spaces on the site and install a landscaped play area for young patients of
the proposed facility. This area is located in the rear of the building. Other than this change, the
only other visible change to the site would be replacing any dead vegetation, if any, on the site.
The remainder of the changes will take place on the interior of the shell building under a tenant
improvement permit.
The project is located with the Las Vegas 2020 Master Plan Revitalization Area between
Valley View Boulevard and Rancho Boulevard and is consistent with the purpose and intent of
the plan. Moreover, this project is located within the Airport Overlay District (A-O) for North
Las Vegas Airport. The highest point on the office building is 20 feet from elevation where 175
feet is the maximum permitted. As such, the existing building conforms to the guidelines for the
A-O (Airport Overlay) District.
YK
The project parcel shares property lines with existing adjacent residentially zoned homes at the
north and west boundaries. The existing building exceeds the required setbacks from existing
homes to the north and west. Therefore the building conforms to the Residential Adjacency
requirements.
This parcel is currently served by Las Vegas Valley Water District (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.
The property currently has an O (Office) General Plan Land Use designation and an outdated CD (Designed Commercial) zoning designation. A Convalescent Care Facility/Nursing Home is
not permitted in such areas. Therefore, the applicant is requesting that zoning be changed to O
(Office) to allow the proposed use on the site. The property is located on Charleston Boulevard,
a Primary Arterial street that is a major east/west connection for the valley. No other access is
available to the site and thus aides in protecting the adjacent residential properties to the north
from any additional traffic this use would generate.
This proposal furthers the Citys established Objective 2.6 of the Neighborhood Revitalization
Section of the Las Vegas 2020 Master Plan, which states: To improve the amount and quality
of infill development on vacant and underutilized lands with established areas of the city.
There was a concern raised by area residents that although a Convalescent Care Facility/Nursing
Home may be a compatible use, once the property has been rezoned to C-1 (Limited
Commercial), other uses allowed in the zoning district may not be in the future. As a result, the
applicant worked with staff and elected officials to amend Title 19 to allow a Convalescent Care
Facility/Nursing Home use in the O (Office) district. This negates the need for a General Plan
Amendment for the parcel and a reduced rezoning request to O (Office) rather than the C-1
(Limited Commercial) district.
This appears to be an ideal location for such a Convalescent Care Facility/Nursing Home use. It
furthers established City objectives of developing underutilized and vacant parcels in the urban
core, is located on a Primary Arterial street and is an adaptive re-use of an office building. For
these reasons, and the overall compatibility with surrounding commercial uses along Charleston
Boulevard, staff recommends approval of the applications, as amended.
FINDINGS (ZON-59271)
In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning
Commission or City Council must affirm the following:
1.
YK
The proposed O (Office) zoning is allowed under the current General Plan O (Office) land
use designation and will be in conformance.
2.
The uses which would be allowed on the subject property by approving the rezoning
will be compatible with the surrounding land uses and zoning districts.
The uses allowed in an O (Office) district are intended to provide low impact commercial
office uses and are encouraged to be located on the periphery of residential neighborhoods
as this project is.
3.
Growth and development factors in the community indicate the need for the
appropriateness of the rezoning.
As indicated in the Las Vegas 2020 Master Plan, underutilized and vacant property in the
urban core are to be developed for useful purposes. This project furthers this objective.
4.
Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed zoning district.
The project is located on Charleston Boulevard, a Primary Arterial Street as designed on
the Master Plan of Streets and Highways Map. Vehicular access and circulation will
not adversely affect movements on Charleston Boulevard or neighborhood traffic.
FINDINGS (SDR-59272)
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.
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;
The proposal conforms to the guidelines of the General Plan and the requested Rezoning
application; the goals and intent of the Las Vegas 2020 Master Plan Revitalization Area;
Title 19; Residential Adjacency Standards; and Airport Overlay District requirements.
YK
3.
4.
Building and landscape materials are appropriate for the area and for the City;
The exterior of the existing building and landscape materials will not be affected by this
request and are appropriate for the area.
5.
6.
Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
No detrimental effects to human health and public safety will result with this proposal.
24
NOTICES MAILED
APPROVALS
PROTESTS
YK
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August 6, 2015
Via Facsmile, Email and U.S. Mail
City of Las Vegas Planning Commission
495 South Main Street
LasVegas, NV89101
Re:
GPA-s9270
zoN-59271
sDR-s9272
Overwhelmingly, the unit owners of Palomino Gardens voted in strong opposition to the
above items, which included any potential compromise to "work around" or modify
the City's current Unified Development Code to accommodate the proposed use- which
would be tantamount to "spot-zoning." Fundamentally, Palomino Gardens is vehemently
opposed to the proposed use due to the business hours, density of vehicle and foot,
traffic, increase in noise, and most importantly, because it is not in accordance with
existing law that was enacted to protect and preserve compatible uses that abut our
longstanding neighborhood.
Enclosed please find five pages with signatures from Palomino Gardens residents as
well as signatures from residents on Shetland Road that either adjoin or are in very
close proximity to the applicant's proposed site that stand in firm opposition to the
applicant's desired use at this location. Although we understand that three or four
individuals previously appeared at the July 14th meeting to express support for a
legislative compromise, these persons are not representative of our community, nor do
they even represent the voice of the communities in which they live. Instead, we are
informed that these isolated proponents reside further away and are considerably
insulated from the direct negative impacts of the project. Palomino Gardens' principal
reasons for opposition have been stated by Mr. Arte Nathan and Mr. Mario Garcia in
letters previously submitted to you and are intended to be incorporated herein by
reference.
We strongly urge you to deny the applicant's request in conformity with the existing
zoning laws that govern our community, and to represent your constituents that live in
the adjoining and nearby neighborhoods.
Sincerely,
The
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GPA-s9270
zoN-59271
sDR-59272
We the undersigned, as residents of the Palomino Gardens Homeowners Association, do hereby
register our opposition to the items referenced above 49] oppose any "work around" or modification of
the current City of Las Vegas Unified Development Code that would enable the applicant's proposed
use of the property located a|2496 West Charleston.
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GPA-s9270
zoN-59271
sDR-59272
We the undersigned, as residents of the Palomino Gardens Homeowners Association, do hereby
register our opposition to the items referenced above 49] oppose any "work around" or modification of
the current City of Las Vegas Unified Development Code that would enable the applicant's proposed
use of the property located a|2496 West Charleston.
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GPA-s9270
zoN-59271
sDR-59272
lA/e the undersigned, do hereby register our opposition to the items referenced above and oppose any
"work around" or modification of the current City of Las Vegas Unified Development Code that would
enable the applicant's proposed use of the property located at2496 West Charleston.
NAME
ADDRESS
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GPA-59270
zoN-59271
sDR-59272
lAlVe the undersigned, do hereby register our opposition to the items referenced above and oppose any
"work around" or modification of the current City of Las Vegas Unified Development Code that would
enable the applicant's proposed use of the property located a|2496 West Charleston.
NAME
ADDRESS
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SIGNATURE
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GPA-59270
zoN-59271
sDR-59272
lA/Ve the undersigned, do hereby register our opposition to the items referenced above and oppose any
"work around" or modification of the current City of Las Vegas Unified Development C-ode that would
enable the applicant's proposed use of the property located al24g6 West Charleston.
NAME
ADDRESS
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IGNATU
GPA-59270
zoN-59271
sDR-59272
l/l/t/e the undersigned, do hereby register our opposition to the items referenced above and oppose any
"work around" or modification of the current City of Las Vegas Unified Development Code that would
enable the applicant's proposed use of the property located at2496 West Charleston.
ADDRESS
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Discussion
SUBJECT:
ABEYANCE - ZON-59271 - REZONING RELATED TO GPA-59270 - PUBLIC HEARING APPLICANT: POSITIVELY KIDS - OWNER: SWAN FOUNDATION, LLC - For possible
action on a request for Rezoning FROM: C-D (DESIGNED COMMERCIAL) TO: C-1
(LIMITED COMMERCIAL) on 1.82 acres at 2496 West Charleston Boulevard (APN 139-32802-036), Ward 1 (Tarkanian) [PRJ-58502]. Staff recommends APPROVAL.
C.C.: 1/20/2016
PROTESTS RECEIVED BEFORE:
35
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps - ZON-59271, SUP-61698 and SDR-59272 [PRJ-58502]
3. Supporting Documentation
ZON-59271
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Discussion
SUBJECT:
SUP-61698 - SPECIAL USE PERMIT RELATED TO GPA-59270 AND ZON-59271 PUBLIC HEARING - APPLICANT: POSITIVELY KIDS - OWNER: SWAN FOUNDATION,
LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED 37-BED
CONVALESCENT CARE FACILITY/NURSING HOME at 2496 West Charleston Boulevard
(APN 139-32-802-036), C-D (Commercial-Development) Zone [PROPOSED: C-1 (Limited
Commercial)], Ward 1 (Tarkanian) [PRJ-58502]. Staff recommends APPROVAL.
C.C.: 1/20/2016
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
SUP-61698
SUP-61698
Discussion
SUBJECT:
ABEYANCE - RENOTIFICATION - SDR-59272 - SITE DEVELOPMENT PLAN REVIEW
RELATED TO GPA-59270, ZON-59271 AND SUP-61698 - PUBLIC HEARING APPLICANT: POSITIVELY KIDS - OWNER: SWAN FOUNDATION, LLC - For possible
action on a request for a Site Development Plan Review FOR A PROPOSED 37-BED
CONVALESCENT CARE FACILITY/NURSING HOME on 1.82 acres at 2496 West
Charleston Boulevard (APN 139-32-802-036), C-D (Commercial-Development) Zone
[PROPOSED: C-1 (Limited Commercial)], Ward 1 (Tarkanian) [PRJ-58502]. Staff recommends
APPROVAL.
C.C.: 1/20/2016
PROTESTS RECEIVED BEFORE:
32
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
4. Protest/Support Postcards
SDR-59272
SDR-59272
Discussion
SUBJECT:
ABEYANCE - GPA-60977 - GENERAL PLAN AMENDMENT - PUBLIC HEARING APPLICANT/OWNER: RAINBOW ANN (I), LLC - For possible action on a request for a
General Plan Amendment FROM: DR (DESERT RURAL DENSITY RESIDENTIAL) TO: SC
(SERVICE COMMERCIAL) on 1.64 acres on the southeast corner of Ann Road and Rainbow
Boulevard (APNs 125-35-101-001 and 002), Ward 4 (Anthony) [PRJ-60825]. Staff recommends
APPROVAL.
C.C.: 1/20/2016
PROTESTS RECEIVED BEFORE:
18
20
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR60983 [PRJ-60825]
3. Supporting Documentation - GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR60983 [PRJ-60825]
4. Photo(s) - GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 [PRJ-60825]
5. Justification Letter
6. Parking Analysis - GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 [PRJ60825]
7. Protest/Support Postcards - GPA-60977 and ZON-60978 [PRJ-60825], Meeting Notification
Letter, Area Map and Support Petition for GPA-60977, ZON-60978, SUP-60980, SUP-60982
and SDR-60983 [PRJ-60825]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
GPA-60977
ZON-60978
SUP-60980
SUP-60982
SDR-60983
RECOMMENDATION
Staff recommends APPROVAL.
Staff recommends APPROVAL.
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:
REQUIRED FOR
APPROVAL
GPA-60977
GPA-60977
ZON-60978
GPA-60977
ZON-60978
SUP-60980
GPA-60977
ZON-60978
SUP-60980
SUP-60982
** CONDITIONS **
SUP-60980 CONDITIONS
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Car Wash, Full
Service or Auto Detailing use.
2.
All signage shall be permitted and meet minimum code requirements within 30 days of
final approval.
3.
Approval of and conformance to General Plan Amendment (GPA-60977), Rezoning (ZON60978) and Site Development Plan Review (SDR-60983) shall be required.
4.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
YK
5.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
6.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit, as well as submitted as part of any business license application.
7.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
SUP-60982 CONDITIONS
Planning
1.
2.
All signage shall be permitted and meet minimum code requirements within 30 days of
final approval.
3.
Approval of and conformance to General Plan Amendment (GPA-60977), Rezoning (ZON60978) and Site Development Plan Review (SDR-60983) shall be required.
4.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
5.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
6.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit, as well as submitted as part of any business license application.
7.
Approval of this Special Use Permit does not constitute approval of a liquor license.
8.
This business shall operate in conformance to Chapter 6.50 of the City of Las Vegas
Municipal Code.
9.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
YK
SDR-60983 CONDITIONS
Planning
1.
Approval of and conformance to the Conditions of Approval for General Plan Amendment
(GPA-60977) and Rezoning (ZON-60978) shall be required, if approved.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
All development shall be in conformance with the site plan and landscape plans and
building elevations, date stamped 11/12/15, except as amended by conditions herein.
4.
A Waiver is hereby approved, to allow a service or wash bay to face a public right-of-way,
where such is not permitted.
5.
An Exception from Title 19.08.110 is hereby approved, to allow seven uncovered parking
spaces before a landscaped island are installed, where only six uncovered parking spaces is
the maximum required.
6.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
7.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
8.
The applicant shall coordinate with the City Surveyor and other city staff to determine the
most appropriate mapping action necessary to consolidate the existing lots. The mapping
action shall be completed and recorded prior to the issuance of any building permits.
9.
10.
A fully operational fire protection system, including fire apparatus roads, fire hydrants and
water supply, shall be installed and shall be functioning prior to construction of any
combustible structures.
YK
11.
All City Code requirements and design standards of all City Departments must be satisfied,
except as modified herein.
Public Works
12.
Grant a 5-foot Pedestrian Access Easement on Ann Road and Rainbow Boulevard adjacent
to this site prior to the issuance of permits for this site.
13.
Remove all substandard public street improvements and unused driveway cuts adjacent to
this site, and replace with new improvements meeting current City Standards concurrent
with development of this site. All existing paving damaged or removed by this
development shall be restored at its original location and to its original width concurrent
with development of this site.
14.
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.
15.
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.
16.
Meet with the Fire Protection Engineering Section of the Department of Fire Services to
discuss fire requirements for the proposed use of this facility.
17.
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.
YK
18.
A Drainage Plan and Technical Drainage Study must be submitted to and approved by the
Department of Public Works prior to the issuance of any building or grading permits or
submittal of any construction drawings, whichever may occur first. Provide and improve
all drainageways recommended in the approved drainage plan/study. The developer of this
site shall be responsible to construct such neighborhood or local drainage facility
improvements as are recommended by the City of Las Vegas Neighborhood Drainage
Studies and approved Drainage Plan/Study concurrent with development of this site.
YK
** STAFF REPORT **
PROJECT DESCRIPTION
The 1.64-acre site is located at the southeast corner of Rainbow Boulevard and Ann Road and is
currently undeveloped. The applicant is requesting to construct two commercial buildings totally
6,100 square feet, 1,905 square-foot self-service car wash, and a 3,972 square-foot fuel pump
canopy. As proposed, the proposed car wash requires a Waiver to allow a service or wash bay to
face a public right-of-way. Included with this proposal is a General Plan Amendment (GPA60977) from the DR (Desert Rural Density Residential) Land Use designation to the SC (Service
Commercial) Land Use designation and a Rezoning (ZON-60978) to the C-1 (Limited
Commercial) zoning district.
Due to the recent build-out of both Ann Road and Rainbow Boulevards, staff believes
commercial development on this corner is appropriate and recommends approval of the General
Plan Amendment and the Rezoning applications. The Las Vegas 2020 Master Plans Newly
Developing Areas chapter supports this position. Specifically, policy 3.1.5 states: That urban
hubs at the intersections of primary roads, containing a mix of high density residential,
commercial and office uses, and containing pedestrian linkages, be supported. Policy 3.1.2,
which states: That new residential neighborhoods emphasize pedestrian linkages within the
neighborhood, ready access to transit routes, linkages to schools, integration of local service
commercial activities within a neighborhood center that is within walking distance of homes in
the neighborhood also supports this position.
If denied, the subject site would retain the General Plan Land Use designation of DR (Desert
Rural Density Residential) and the zoning designation would remain R-E (Residence Estates).
However, staff does not recommend approval of the Site Development Plan Review due to the
required Waiver and Exceptions and the non-compatibility of an automated car wash and drive
aisle, as well as a fast food restaurant drive-through, adjacent to a single-family residential
neighborhood.
Staff does not support the two Special Use Permits associated with this project. The denial
recommendations are due to the overall non-compatible design of the site plan as well as the
negative impact the proposed automated car wash will have on the adjacent residential
properties.
In summary, staff recommends approval of the General Plan Amendment and the Rezoning
application, but recommends denial of the two Special Use Permits and the Site Development
Plan Review applications.
YK
ISSUES
A General Plan Amendment is requested to change the land use designation on the
subject site from DR (Desert Rural Density Residential) to SC (Service Commercial).
Staff supports this request.
A Rezoning is requested to change the zoning designation on the subject site from R-E
(Residence Estates) to C-1 (Limited Commercial). Staff supports this request.
A Special Use Permit (SUP-60980) is required to allow a Car Wash, Full Service or Auto
Detailing use. Staff does not support this request.
A Special Use Permit (SUP-60982) is required to allow a Beer/Wine/Cooler Off-Sale
Establishment. Staff does not support this request.
A Waiver is required to allow a service or wash bay to face a public right-of-way. Staff
does not support this request.
An Exception is required to allow seven uncovered parking spaces before a landscaped
island are installed, where only six uncovered parking spaces is the maximum required.
Staff does not support this request.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved annexation (A-0003-64) that included this site as
05/12/64
part of a larger request.
The Planning Commission approved a request by the applicant to hold GPA10/13/15
60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 in abeyance
until the December 08, 2015 agenda. Staff supported the request.
Pre-Application Meeting
Staff met with the applicant and reviewed the applications required for the
proposed development. Several issues were raised with the intensity of the
08/10/15
proposed commercial development, site ingress and egress, site circulation,
compatibility of proposed uses. The applicant was informed that the proposal
appears to be an over development of the site.
YK
Neighborhood Meeting
Meeting Start Date: 5:30 pm
Attendance:
09/10/15
6:30 pm
Field Check
09/03/15
Staff visited the site and found it to be undeveloped and vacant. No issues
were noted.
Surrounding
Property
Subject Property
North
South
East
Planned or Special
Land Use Designation
DR (Desert Rural
Density Residential)
SC (Service
Commercial)
DR (Desert Rural
Density Residential)
Single-Family,
Detached
L (Low Density
Residential)
Undeveloped
YK
Surrounding
Property
West
Planned or Special
Land Use Designation
ML (Medium-Low
Density Residential)
Compliance
N/A
Compliance
Y
Compliance
Y*
N/A
Y
Y
DEVELOPMENT STANDARDS
Pursuant to Title 19.08.070, the following standards apply:
Standard
Required/Allowed
Min. Lot Width
100 Feet
Min. Setbacks
Front
10 Feet
Side
10 Feet
Corner
10 Feet
20 Feet
Rear
Min. Distance Between Buildings
N/A
Max. Lot Coverage
50 %
Max. Building Height
N/A
Screened, Gated,
Trash Enclosure
w/ a Roof or
Trellis
Mech. Equipment
Screened
Required/Allowed
15 Feet
50 Feet
Provided
230 Feet
Compliance
Y
15 Feet
65 Feet
15 Feet
20 Feet
98 Feet
16.7 %
23 Feet
Screened,
Gated, w/ a
Roof or Trellis
Screened
Y
Y
Y
Y
Y
Y
Y
Provided
15 Feet
55 Feet
Y
Y
Compliance
Y
Y
YK
Street Name
Functional
Classification of
Street(s)
Ann Road
Primary Arterial
Rainbow Boulevard
Primary Arterial
Governing Document
Planned Streets and
Highways Map
Planned Streets and
Highways Map
Compliance
Y
Y
Y
Y
Y
N*
Y
Y
Y
Y
Y
Actual
Street Width
(Feet)
Compliance
with Street
Section
100
100
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
General
1 Per 175
Retail, Other
3,500 SF
20
SF
Than Listed
1 per 50
Restaurant
1,100 SF
22
SF
YK
Parking Requirement
Gross Floor
Area or
Use
Number of
Units
Required
Provided
Compliance
Parking
Parking
Parking
HandiHandiRatio
Regular
Regular
capped
capped
1 per 200
1,500 SF
8
SF
50
51
Y
TOTAL SPACES REQUIRED
46
4
47
4
Y
Regular and Handicap Spaces Required
Loading
1 Per
6,100 SF
1
1
Y
Spaces
10,000 SF
Waivers
Requirement
To face service or wash
bays away from public
rights-of-way.
Exceptions
Requirement
To provide six uncovered
parking spaces before a
landscaped island is installed
with 24-inch box trees
Request
To allow a service or wash bay to
face a public right-of-way.
Request
To allow seven uncovered
parking spaces before a
landscaped island is
installed with 24-inch box
trees
Staff Recommendation
Denial
Staff Recommendation
Denial
ANALYSIS
The proposed C-1 (Limited Commercial) zoning district will provide congruent development
standards with the existing and proposed commercial developments on the northeast and
northwest corners of Ann Road and Rainbow Boulevard that will function well within the
proposed SC (Service Commercial) land use designation. The proposed development adheres to
the minimum requirements as outlined by Title 19 in regards to lot coverage, setbacks, parking,
perimeter trees, and residential adjacency. The proposed land use and zoning are appropriate for
this location and will be complimentary to the commercial development located on the northwest
corner of Ann Road and Rainbow Boulevard. The General Plan Amendment and the Rezoning
requests are in alignment with the Las Vegas 2020 Master Plan policies 3.1.2 and 3.1.5 that
encourages commercial development at intersections of primary arterial roads and the location of
commercial offerings within walking distance of residential areas.
YK
This commercial project consists of two buildings. The building on the south side is designed
for a restaurant with a drive-through use and the building on the north side is designed for a
standard general retail business with a drive-through car wash and fuel pumps. The drivesthrough are designed to code standards and include stacking for six vehicles. However, a Waiver
is requested to allow a service or wash bay to face a public right-of-way, where such is not
allowed. Staff does not support this request.
The buildings have a modern design aesthetic with three feature elements of cultured stone
around and over the entry points to the building. These features continue up and past the roofline
culminating into parapets that screen the mechanical equipment located on the roof. Pursuant to
Title 19.08.040(E)4c Mechanical and Electrical Equipment, such parapets are appropriate
screening. At fifteen feet high, each building meets the residential adjacency standards of code.
There are two ingress/egress driveways, one each adjacent to the primary arterial roads on the
west and north side of the site. This allows for congestion-free traffic movement throughout the
site. The project meets the minimum parking and loading zone requirements.
This project is expected to add about 7,801 trips per day on Ann Road and Rainbow Boulevard.
Currently, Ann Road is at 93 percent of capacity and Rainbow Boulevard is at 17 percent of
capacity. With completion of this project, Ann Road is expected to be over capacity and
Rainbow Boulevard will be 29 percent of capacity. Based on peak hour use, this project will add
about 327 trips, or about 11 every two minutes.
The City of Las Vegas has completed the build out of both Ann Road and Rainbow Boulevards.
There is a Multi-Use, Non-Equestrian Trail that is designated along the west perimeter of this
site and was not installed when Rainbow Boulevard was completed. As allowed by the Las
Vegas 2020 Master Plan, a request for an exemption from the design standards for technical or
physical barriers that produce an undue hardship on the entity developing the trail may be
submitted for review to the Director of Planning for consideration. The Director concurred with
the existing hardship and has approved a five-foot amenity area and a five-foot wide sidewalk
design for this section of the trail.
Although the applicant is providing an intense landscape buffer in addition to the existing sixfoot high screening wall on the east perimeter, staff does not believe that will negate the negative
impact the commercial uses will create on the adjacent residential neighborhood. The location of
the proposed car wash on the site is not compatible with the adjacent residential properties. The
applicant is also requesting a Waiver to allow the exit bay opening to face a public right-of-way.
For these reasons, staff does not support the use or requested Waiver.
The Car Wash, Full Service or Auto Detailing use is defined as an establishment that provides
for the washing, cleaning, waxing or detailing of passenger vehicles, either by means of
employees or by means of automated or semi-automated methods of cleaning, or by a
combination thereof. The proposed use meets the definition as it is shown on the site plan as an
automated cleaning car wash.
YK
The Minimum Special Use Permit Requirements for this use include:
1. Each wash bay shall have a stacking lane that will accommodate at least six cars.
The proposed use meets this requirement as stacking for six cars is shown on the site
plan.
The Beer/Wine/Cooler Off-Sale Establishment is defined as an establishment whose license to
sell alcoholic beverages is limited to the sale of beer, wine and coolers to consumers only and not
for resale, in original sealed or corked containers, for consumption off the premises where
business is conducted, and is operated in connection with a grocery store, drug store,
convenience store, restaurant or general retail store. The proposed use meets the definition as it
is shown on the site plan as a convenience store.
The Minimum Special Use Permit Requirements for this use include:
1. Shall not be located with 400 feet of any church/house of worship, school, individual care
center licensed for more than 12 children, or a City park.
The proposed use meets this requirement as no protected uses are within 400 feet of the
site.
6. All businesses which sell alcoholic beverages shall conform to the provisions of LVMC
Chapter 650.
The proposed business will be required to obtain a business license and will be subject to
inspections for conformance to LVMC Chapter 650 provisions.
Conditions 2 through 5 and conditions 7 and 8 do not apply to this case.
The project was submitted to outside agencies for comment. The Las Vegas Valley Water
District responded as follows: The parcels are not currently served by LVVWD. Civil and
plumbing plans will need to be submitted to LVVWD and proof of parcel lot consolidation will
be required prior to LVVWD approval. No other comments were received.
As reflected in the Waiver and Exceptions associated with this proposed development and the
inclusion of the Car Wash, Full Service or Auto Detailing use on the site, staff recommends
denial of the Site Development Plan Review application and two related Special Use Permit
requests. The requested General Plan Amendment and Rezoning application to allow for limited
commercial development of the site is supported by staff.
YK
FINDINGS (GPA-60977)
Section 19.16.030(I) of the Las Vegas Zoning Code requires that the following conditions be met
in order to justify a General Plan Amendment:
1.
The density and intensity of the proposed General Plan Amendment is compatible
with the existing adjacent land use designations,
The proposed amendment is compatible with the existing adjacent residential land uses
and the PCD (Planned Community Development) land use across the street on the west
for low to medium intensity commercial development. The Las Vegas 2020 Master
Plans Newly Developing Areas chapter supports this position. Specifically, policy 3.1.5
states: That urban hubs at the intersections of primary roads, containing a mix of high
density residential, commercial and office uses, and containing pedestrian linkages, be
supported. Policy 3.1.2, which states: That new residential neighborhoods
emphasize pedestrian linkages within the neighborhood, ready access to transit routes,
linkages to schools, integration of local service commercial activities within a
neighborhood center that is within walking distance of homes in the neighborhood
also supports this position.
2.
The zoning designations allowed by the proposed amendment will be compatible with
the existing adjacent land uses or zoning districts,
The zoning designations allowed by the proposed amendment are compatible with the
existing land use and zoning designations on the northwest and northeast corners of
Rainbow Boulevard and Ann Road.
3.
4.
The proposed amendment conforms to other applicable adopted plans and policies
that include approved neighborhood plans.
All applicable plans and policies are met with the proposed amendment.
YK
FINDINGS (ZON-60978)
In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning
Commission or City Council must affirm the following:
1. The proposal conforms to the General Plan.
The proposed C-1 (Limited Commercial) zoning district is consistent with the proposed
SC (Service Commercial) General Plan designation on this site.
2.
The uses which would be allowed on the subject property by approving the rezoning
will be compatible with the surrounding land uses and zoning districts.
The uses allowed by the C-1 (Limited Commercial) zoning district are compatible with
the surrounding land uses and zoning district.
3.
Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
The subject site is underdeveloped and located on the corner of two major arterial
roadways and is appropriate for commercial development. The Las Vegas 2020 Master
Plans Newly Developing Areas chapter supports this position. Specifically, policy 3.1.5
states: That urban hubs at the intersections of primary roads, containing a mix of high
density residential, commercial and office uses, and containing pedestrian linkages, be
supported.
4.
Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed zoning district.
The site is accessed by Rainbow Boulevard and Ann Road both are 100-foot Primary
Arterial, as designated by the Master Plan of Streets and Highways and are adequate for
the proposed development.
FINDINGS (SUP-60980)
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.
YK
Staff has determined that the inclusion of the car wash use and the proposed Waiver is not
compatible and will have a negative impact to the surrounding commercial and residential
developments in the area.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The proposed commercial development is consistent with the General Plan and complies
with all Title 19 development standards; with the exception of the requested Waiver and
Exception. Staff has determined the proposed Waiver is not compatible and with the
surrounding commercial and residential development in the area. Therefore, the site is not
suitable for the proposed Car Wash, Full Service or Auto Detailing 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 by Rainbow Boulevard and Ann Road both are 100-foot Primary
Arterial, as designated by the Master Plan of Streets and Highways and are adequate for
the proposed development.
4.
Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
The proposed commercial development will be subject to inspections in order to protect
the public health, safety and general welfare by City staff.
5.
The use meets all of the applicable conditions per Title 19.12.
The condition requiring stacking for six vehicles is being met. However, the design
standard to orient wash bays away from rights-of-way is not being met.
FINDINGS (SUP-60982)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
1.
The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
The proposed Beer/Wine/Cooler Off-Sale Establishment can be conducted in a
harmonious and compatible manner with the surrounding residential neighborhoods.
YK
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The use is suitable for the location; however, the Site Plan for the site reflects an overdeveloped site that would have a negative impact on the surrounding area.
3.
Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
The site is accessed by Rainbow Boulevard and Ann Road both are 100-foot Primary
Arterial, as designated by the Master Plan of Streets and Highways and are adequate for
the proposed development.
4.
Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
The proposed Beer/Wine/Cooler Off-Sale Establishment will be subject to regular
inspections by regulatory agencies for business licensing and will therefore not
compromise the public health, safety and welfare, or the overall objectives of the General
Plan.
5.
The use meets all of the applicable conditions per Title 19.12.
The proposed use meets all the minimum Special Use Permit requirements detailed in Title
19.12.
FINDINGS (SDR-60983)
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.
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;
YK
This project requires a Waiver and an Exception for approval. These are inconsistent with
Title 19 design standards for commercial development in a C-1 (Limited Commercial)
zone.
3.
4.
Building and landscape materials are appropriate for the area and for the City;
The modern building materials and desert landscaping are appropriate for the location.
5.
6.
Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
The proposed commercial development will be subject to inspections in order to protect
the public health, safety and general welfare by City staff.
30
NOTICES MAILED
APPROVALS
PROTESTS
YK
GPA-60977
GPA-60977
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GPA-60977 [PRJ-60825] - GENERAL PLAN AMENDMENT RELATED TO ZON-60978, SUP-60980, SUP60980, SUP-60982 AND SDR-60983 - APPLICANT/OWNER: RAINBOW ANN (I), LLC
SOUTHEAST CORNER OF ANN ROAD AND RAINBOW BOULEVARD
09/03/15
GPA-60977 [PRJ-60825] - GENERAL PLAN AMENDMENT RELATED TO ZON-60978, SUP-60980, SUP60980, SUP-60982 AND SDR-60983 - APPLICANT/OWNER: RAINBOW ANN (I), LLC
SOUTHEAST CORNER OF ANN ROAD AND RAINBOW BOULEVARD
09/03/15
GPA-60977 [PRJ-60825] - GENERAL PLAN AMENDMENT RELATED TO ZON-60978, SUP-60980, SUP60980, SUP-60982 AND SDR-60983 - APPLICANT/OWNER: RAINBOW ANN (I), LLC
SOUTHEAST CORNER OF ANN ROAD AND RAINBOW BOULEVARD
09/03/15
GPA-60977 [PRJ-60825] - GENERAL PLAN AMENDMENT RELATED TO ZON-60978, SUP-60980, SUP60980, SUP-60982 AND SDR-60983 - APPLICANT/OWNER: RAINBOW ANN (I), LLC
SOUTHEAST CORNER OF ANN ROAD AND RAINBOW BOULEVARD
09/03/15
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If
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appropriatc box below and return lhis card in an envelope with postagu to the
Depanmcnt of Planning ut the address listed above, f'ax this sde ol this cartl to
('702) 464-7499 or make your conmcnts at www.lasvcgasnevada.gov. ll'you
woulcl like (o contact your Council Representativc, please call (702) 229'
6405.
I SUPPORT
ths Request
125351 1 1056
FAU JAMES A SR
Case: GPA{0977
DERMODY JUDITH A
6517 SAND BENCH AVE
LAS VEGAS NV 89130-4BOO
I OPPOSE
this Request
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I SUPPORT
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P&JKLIMEKTRUST
KLIMK PHILLIP A JODIE LYNN TRS
6705 FRUIT FLOWEB AVE
LAS VEGAS NV 89130.3849
I OPPOSE
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BARCLAY DONALD L JR & ANNETTE M
5412 ROSE THICKET ST
LAS VEGAS NV 89130.1674
this Request
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LAS VEGAS
CITY COUNCIL
RE:
CAROLYN G. GOODMAN
IVAYOR
STEVEN D. ROSS
MAYOR PRO TEM
Dear Applicant:
LOIS TARKANIAN
RICKIY BARLOW
Ocf.&e.r 13.3{,}15 as
BOB COFFIN
BOB BEERS
held at 6:00 P. M,
ELIZABETH N. FRETWELI
CITY IVANAGER
STAVROS S. ANTHONY
r.
Andrew P. Reed, AICP
Planning Supervisor
Case Planning Division
CITY OF LAS VEGAS
DEPARTMENT OF PLANNING
DEVELOPIENT SERVICES CENTER
333 NORTH RANCHO DRIVE
3RD FLOOR
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Discussion
SUBJECT:
ZON-60978 - REZONING RELATED TO GPA-60977 - PUBLIC HEARING APPLICANT/OWNER: RAINBOW ANN (I), LLC - For possible action on a request for a
Rezoning FROM: R-E (RESIDENCE ESTATES) TO: C-1 (LIMITED COMMERCIAL) on 1.64
acres on the southeast corner of Ann Road and Rainbow Boulevard (APNs 125-35-101-001 and
002), Ward 4 (Anthony) [PRJ-60825]. Staff recommends APPROVAL.
C.C.: 1/20/2016
PROTESTS RECEIVED BEFORE:
18
20
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps - ZON-60978, SUP-60980, SUP-60982 and SDR-60983 [PRJ60825]
3. Supporting Documentation
4. Justification Letter
ZON-60978
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Discussion
SUBJECT:
ABEYANCE - SUP-60980 - SPECIAL USE PERMIT RELATED TO GPA-60977 AND ZON60978 - PUBLIC HEARING - APPLICANT/OWNER: RAINBOW ANN (I), LLC - For
possible action on a request for a Special Use Permit FOR A PROPOSED CAR WASH, FULL
SERVICE OR AUTO DETAILING USE on 1.64 acres on the southeast corner of Ann Road and
Rainbow Boulevard (APNs 125-35-101-001 and 002), R-E (Residence Estates) [PROPOSED: C1 (Service Commercial)] Zone, Ward 4 (Anthony) [PRJ-60825]. Staff recommends DENIAL.
C.C.: 1/20/2016
PROTESTS RECEIVED BEFORE:
20
17
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Justification Letter
4. Protest/Support Postcards - SUP-60980 and SUP-60982 [PRJ-60825]
SUP-60980
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PAGE
Department of Planning
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3ls Nrth R^f,rtcho Dive, 3d Floor
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(702) 464-1499 or nlakc your c0mments at www.lasvegasnevada.g<lv. Il'you
would like to contrct your Council Represcntalive, plcase call (7O2) 2296405.
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would like to contacl your Council Representarivc. please call (702) 229'
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I SUPPORT
I OPPOSE
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this Request
Case: SUP0980
253451 4004
P&JKLIMEKTRUST
KLIMEK PHILLIP & JODIE LYNN TFS
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LAS VEGAS NV 89130-3849
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031
Cas: SUP-60980
INCHAUSTI DANIEL C
5530 MOONLTGHT GAHDEN ST
LAS VEGAS NV 89130-4998
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rv<lukl tike to contact your Council Representative. pl*nse call (702) 2296+05.
12835101007
cse: suP$0980
GOLDLTRELLCf6
S159 W FLAMINGO RD f1O2
LAS VGAS NV 9147.6454
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Page 3 of 3
1011?/201513:11:58 PDT
lii;l;',.'x.
it-v of Las Vegas
epartmet ofPlanning
evelopmenl Services Center
13 North Rancho Drivi, 3'd Floor
:s Vegas, Nevada 89106
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333 North Rnche Drive, 3d Floor
I-as Vgns, N+voda 89106
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Ill you wrh to file your prolcst or suppoTt on this reque,tr, check the
appropritte hox below and rctun thjs carul n nn envelope with pstge to the
cpartrctf oli Planning at th'J ddress listed nhove, fax this sidc of tl:is carcl (:o
(117) 464-7499 or make your ctm ments at wwlv.lasvego.sncvada.gov. Jli you
would like to Lntct yrrut Courrcil ReflsentfrLi,ve, plase ctll (702) 229(i405,
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:ment oI I'lanning at the adtlrcss lisfed above, fax this side of ths card to
If you
likc to contlrct your Council Reprcsefttative, please call QO2) 229-
I OPPOSE
12sg4512ogs
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Discussion
SUBJECT:
ABEYANCE - SUP-60982 - SPECIAL USE PERMIT RELATED TO GPA-60977, ZON-60978
AND SUP-60980 - PUBLIC HEARING - APPLICANT/OWNER: RAINBOW ANN (I), LLC For possible action on a request for a Special Use Permit FOR A BEER/WINE/COOLER OFFSALE ESTABLISHMENT on 1.64 acres on the southeast corner of Ann Road and Rainbow
Boulevard (APNs 125-35-101-001 and 002), R-E (Residence Estates) [PROPOSED: C-1
(Service Commercial)] Zone, Ward 4 (Anthony) [PRJ-60825]. Staff recommends DENIAL.
C.C.: 1/20/2016
PROTESTS RECEIVED BEFORE:
20
17
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Special Map
3. Supporting Documentation
4. Justification Letter
SUP-60982
SUP-60982
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SUP-60982
Discussion
SUBJECT:
ABEYANCE - SDR-60983 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA60977, ZON-60978, SUP-60980 AND SUP-60982 - PUBLIC HEARING APPLICANT/OWNER: RAINBOW ANN (I), LLC - For possible action on a request for a Site
Development Plan Review FOR A PROPOSED 2,600 SQUARE-FOOT RESTAURANT WITH
DRIVE THROUGH, A 3,675 SQUARE-FOOT GENERAL RETAIL AND A 1,905 SQUAREFOOT CAR WASH, FULL SERVICE OR AUTO DETAILING USE DEVELOPMENT WITH
A WAIVER OF THE CORNER LOT BUILDING ORIENTATION AND TO ALLOW A
SERVICE OR WASH BAY TO FACE A PUBLIC RIGHT-OF-WAY on 1.64 acres on the
southeast corner of Ann Road and Rainbow Boulevard (APNs 125-35-101-001 and 002), R-E
(Residence Estates) [PROPOSED: C-1 (Service Commercial)] Zone, Ward 4 (Anthony) [PRJ60825]. Staff recommends DENIAL.
C.C.: 1/20/2016
PROTESTS RECEIVED BEFORE:
17
17
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Justification Letter
4. Protest/Support Postcards
SDR-60983
SDR-60983
SDR 60983
Rainbow/Ann (I), LLC
AM Peak Hour
12
PM Peak Hour
16.57
19.07
6,511
199
229
Second Use
496.12
2.6
PM Peak Hour
49.35
33.84
1,290
128
88
Total Use
Average Daily Traffic (ADT)
AM Peak Hour
42.94
SHOPPING CENTER [1000 SF]
PM Peak Hour
8.18
1.00
3.73
7,801
327
317
32,050
2,564
Rainbow Blvd.
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)
8,750
700
This project will add approximately 7,801 trips per day on Ann Rd. and Rainbow Blvd. Ann is currently at about 93 percent
of capacity and Rainbow is at about 17 percent of capacity. After this project, Ann is expected to be over capacity and
Rainbow to be at about 29 percent of capacity.
Based on Peak Hour use, this development will add into the area roughly 327 additional cars, or eleven every two
minutes.
Note that this report assumes all traffic from this development uses all named streets.
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SDR-60983
U.S.
Department of Planning
Dcvelopment Services Center
333 North Rancho Drive. 3d Floor
Las Vcgas, Ncvada 89106
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(102) 4&-7499 or make your conmenls at www.lasvegasncvada.gov. ll you
rvould like to contact your Council Represcntalivc, pleasc call (702) 229'
6405.
I OPPOSE
this Request
I SUPPORT
this Request
12s351
1056
Cs: SDR-60983
BAU JAMES A SR
DERMODY JUDITH A
6517 SAND BENCH AVE
LAS VEGAS NV 89130.4800
sDR-60983 [PRJ-60825]
Planning Commission Meeting
of l0l13/2015
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(702) 464-7499 or makc your corlments rt www.lasvcgasnevada'gov. If you
'I
('702)1229-
640.5.
this l{equest
Caso: SDR-60983
I OPPOSE
this Request
I SUPPORT
2534514004
P&JKLIMEKTRUST
sDR.60983
[PRJ-60825]
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sDR.6oe83 [PRI-60825]
PJanning Commission Meeting of 10/t3/2015
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rppropriate box belolv and return this card in ar envelope with postage to the
)eprurent of l'lanning t the acldcss listed above, ['.rx this side rl this card to
102) 464-7 499 or nake. your comrnents at wwrv,la.svegasrtevada.gov. If you
vould like to ccrntnct your Council Rspresenltvc, plcaso call (.7O2) 229-
1253511 1034
:405.
I SUPPOR'
this l{equest
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Case: SDR-60983
DUKE CRAIG D
5521 PORCUPINE RIM S T
LAS VEGAS NV 89130-4803
OP,POSE
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Depnnnrnt ofPlanning
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l?02) 464-7499 or mrkc your comment$ at www.lsvugnsnevadl,gttv' If you
;voultl like to cntact yottr Council Reprolcnkrtive, plearo call (702) 229-
ff
caee:gDn'Bootrl
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BAIRD HICK E SANORA
5II LOKAI AVE
L,{S VEOAS NV B130.160
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City of Las
PAGE
725715865
Vega-s
U.S, POSfAGE
ET
Defiaftment of Planning
Dcvcloprncnt Scrvi cr Ccrttcr
,1,33 North Rsncho Drive,3n Floor
f-rrr Vegus. Nevado 891 06
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0001398173OCT 01 20r5
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If
you wislr to lile yaur Protelt or support on this reque$L check the
appropriatc box below and reh:rn this card in an cnvelpe with pogtgc to th(:
Dspartment of Planning t thc addrcas listcd abovc, fux this sidc of this cnrd to
l7O2] 464-7499 or make your comtnents 0f www.rsvegmnevadagov. .f.l you
worfd like to contacl: your Council Representative, please czll (7(12) 229'
lzs35l
I OPPOSE
ca: stl"Eoesg
this Request
this Request
Plea*qe
1067
605.
I SUPPOR
sDR-60983 IPRJ-608251
Ptarrning Cornmission Meeng
of
l0/1"3/201-5
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If you wish fo file your Pr-otest or support on this reguest, check the
appropriute box bclow atld retrrrn thiS car<] in on envclopc with postagc to the
Dcpaitmcnt ofPlanning at lhe address listecl abovc, fax this side of this card to
y-ou
QdD 464-'.4g9 or make your commcttls at www.lasvegnsncvadagov' lf
*oui.l tike to L{rntacl your Council Represenntive, plcase call (7OZ) 229-
Cass: SDR-0983
2534sf 2035
BARCLAY DONALD L JR & ANNETT,
5412 ROSE THICKET ST
LAS VEGAS NV 89130-174
1
6405.
I OPPOSE
I SUPPOKI
this Requcst
Requcst
sDR-60e83 [PRJ-60825]
Plannirrg Commission Meeting
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of l0ll3l20l5
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Discussion
SUBJECT:
VAR-61938 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: LAS VEGAS
BIBLE CHURCH - For possible action on a request for a Variance TO ALLOW NO
ADDITIONAL OFFSITE IMPROVEMENTS WHERE COMPLETE STREETS STANDARDS
REQUIRE A FIVE-FOOT WIDE SIDEWALK, A FIVE-FOOT WIDE AMENITY ZONE, AND
OTHER AMENITIES ARE REQUIRED FOR 60-FOOT MINOR COLLECTORS on 1.00 acres
at the northwest corner of Donald Nelson Avenue and Jones Boulevard (APN 125-14-604-005),
R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-60315]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-61938, SUP-60378 and SDR-60379 [PRJ-60315]
2. Conditions and Staff Report - VAR-61938, SUP-60378 and SDR-60379 [PRJ-60315]
3. Supporting Documentation - VAR-61938, SUP-60378 and SDR-60379 [PRJ-60315]
4. Photo(s) - VAR-61938, SUP-60378 and SDR-60379 [PRJ-60315]
5. Justification Letter - VAR-61938, SUP-60378 and SDR-60379 [PRJ-60315]
6. Support E-mail - VAR-61938, SUP-60378 and SDR-60379 [PRJ-60315]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-61938
SUP-60378
SDR-60379
RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:
REQUIRED FOR
APPROVAL
VAR-61938
VAR-61938
SUP-60378
** CONDITIONS **
VAR-61938 CONDITIONS
Planning
1.
Approval of and conformance to the Conditions of Special Use Permit (SUP-60378) and
Site Development Plan Review (SDR-60379) 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.
GK/MR
Public Works
6.
Sign a Covenant Running with Land agreement for the possible future installation of halfstreet improvements per City Standards (including curb and gutter, sidewalks, permanent
paving and possibly fire hydrants and sewers) on Donald Nelson Avenue adjacent to this
site. The Covenant agreement must be recorded with the County Recorder and a copy of
the recorded document must be provided to the prior to the issuance of a certificate of
occupancy for this site.
SUP-60378 CONDITIONS
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Church/House
of Worship use.
2.
3.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
4.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit, as well as submitted as part of any business license application.
6.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
SDR-60379 CONDITIONS
Planning
1.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
All development shall be in conformance with site plan, landscape plan, floor plan, and
building elevations, date stamped 11/03/15 except as amended by conditions herein.
4.
A Waiver from Title 19.08.040 is hereby approved, to allow a building on a corner lot not
to be located on lot front or oriented to the corner.
5.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
6.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
7.
8.
A fully operational fire protection system, including fire apparatus roads, fire hydrants and
water supply, shall be installed and shall be functioning prior to construction of any
combustible structures.
9.
All City Code requirements and design standards of all City Departments must be satisfied,
except as modified herein.
Public Works
10.
11.
Extend public sewer in Donald Nelson Avenue to the western edge of this site at a size,
depth and location acceptable to the Collection System Planning section of the Department
of Public Works concurrent with on-site development activities.
GK/MR
12.
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.
13.
Meet with the Flood Control Section of the Department of Public Works for assistance with
establishing finished floor elevations and drainage paths for this site prior to submittal of
construction plans or the issuance of any building or grading permits, whichever may occur
first. Provide and improve all drainage ways as recommended.
GK/MR
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting a Special Use Permit and Site Development Plan Review to construct
a 3,344 square-foot, single-story church with ancillary services that will include religious
educational classes, wedding ceremonies and special events at the northwest corner of Donald
Nelson Avenue and Jones Boulevard. A Waiver and Variance accompany this application. The
Waiver is to not orient the building to the front and corner of the lot and the Variance is to notprovide street improvement along Donald Nelson Avenue. The 1.00-acre subject site is currently
undeveloped, except for a five-foot wide sidewalk adjacent to Jones Boulevard. The proposed
use and building is in substantial compliance with Title 19; however, the required Waiver and
Variance illustrate the proposed use cannot be conducted in compatible manner with the existing
surrounding land uses. For the above reasons, staff is recommending denial of all requests;
however, if approved subjected to conditions.
ISSUES
Per Title 19.12, a Church/House of Worship use is permissible in the R-E (Residence
Estates) zone with approval of a Special Use Permit.
A Site Development Plan Review is required to construct a 3,334 square-foot building on
an undeveloped site. A Waiver from Title 19.08.040(B)(6)(a) is required to allow a
building on a corner lot not to be located on the front and corner of the lot. Staff does not
support this request.
A Variance is required to deviate from Title 19.04 Complete Street Standards to allow no
sidewalk, amenity zone, or curb and gutters along Donald Nelson Avenue. Staff does not
support this request.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Board of Commissioners approved a Petition to Annex (A-0006-64)
approximately 60 acres generally located west of Decatur Boulevard and
07/15/64
north of Craig Road. The Planning Commission and staff recommended
approval. The subject site was part of this request.
The Planning Commission voted to hold Special Use Permit (SUP-60378) and
Site Development Plan Review (SDR-60379) in abeyance to allow the
09/08/15
applicant the opportunity to hold a neighborhood meeting. The items were
abeyed to the 10/13 Planning Commission meeting.
GK/MR
Pre-Application Meeting
A pre application meeting was held with staff and the applicant to discuss the
submittal requirements for a Special Use Permit and Site Development Plan
07/21/15
Review for a proposed 3,200 square-foot church. Staff advised the applicant
to locate the building closer to the corner of Jones Boulevard and Donald
Nelson Avenue.
An additional meeting was held with staff and the applicant to discuss the
proposed revisions to the site. It was determined the size of the building
increased to 3,344 square feet, that a Variance was required to not provide
10/28/15
street improvements along Donald Nelson Avenue, a Waiver is required to
locate the building away from the front and corner of the site and Special Use
Permit (SUP-60378) and Site Development Plan Review (SDR-60379) would
need to be re-notified.
Neighborhood Meeting
Meeting Start Time: 6:30 p.m.
Meeting Ed Time: 7:35 p.m.
09/30/15
GK/MR
Neighborhood Meeting
No one from the Public was in favor of a church;
Building does not look like a home;
Concerns about future expansion/school and/or day care with a
church;
Increased traffic on Donald Nelson Avenue/want parking lot entrance
09/30/15
off Jones;
Overflow parking concerns raised;
There was nothing the applicant can do to win favor with those
present.
Applicant indicated that the church has 40 members who live in North Las
Vegas and near the proposed location.
A second neighborhood meeting was held from 6:35 p.m. to 7:37 p.m. at the
Centennial Hills YMCA, 6601 North Buffalo Drive, Las Vegas, Nevada
89131. There were 26 members of the public, four members of the
development team, one Planning staff member and one representative of the
Ward Six Councilmans office present.
Mako Winston and Landon Christopherson presented the project.
The questions below were asked.
11/30/15
GK/MR
Neighborhood Meeting
What is the traffic flow going to be like?
Applicant: It should be the same with the current members and may be
addressed through a traffic study if required by the building permit
process.
What is the traffic flow going to be like?
Applicant: It should be the same with the current members and may be
addressed through a traffic study if required by the building permit
process.
Making a left on Jones is difficult now how is this going to be
addressed?
Applicant: If problems occur a traffic study can be conducted to
determine possible solutions.
What types of events are expected?
Church events, weddings for members, and baptisms.
When will the church be utilized?
Sunday service, and Wednesday nights, and few hours a day for the
pastor to do office work.
Will the church offer child care?
Applicant: The church does not offer child care at this time and does
not plan on offering it in the future.
How will the church be secured when it not in use?
Applicant: Normal measures that secure a building, locks and steel
framed doors and windows.
The applicant stated that ample landscape has been proposed along
Jones Boulevard to buffer the church.
Citizen: The dirt lot to the north is a buffer.
Residents in attendance were opposed the project.
Field Check
07/30/15
Staff performed a routine field check and noted an undeveloped lot free of
any trash or debris.
Surrounding
Property
Subject Property
Undeveloped
North
Undeveloped
South
East
West
Single-Family
Residence
Single-Family
Residence
Single-Family
Residence
Planned or Special
Land Use Designation
DR (Desert Rural
Density Residential)
DR (Desert Rural
Density Residential)
DR (Desert Rural
Density Residential)
DR (Desert Rural
Density Residential)
R (Rural Density
Residential)
Compliance
N/A
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to Title 19.06, the following standards apply:
Standard
Required/Allowed
Min. Lot Size
20,000 SF
Min. Lot Width
100 Feet
Min. Setbacks
Front
50 Feet
Side
10 Feet
Corner
10 Feet
35 Feet
Rear
Max. Building Height
35 Feet
Trash Enclosure
Mech. Equipment
Provided
43,560 SF
125 Feet
171 Feet
25 Feet
67 Feet
35 Feet
16.66 Feet
Screened,
Gated, w/
Screened, Gated, w/ a Roof or
a Roof or Trellis
Trellis
Screened
Screened
Compliance
Y
Y
Y
Y
Y
Y
Y
Y
Y
GK/MR
Required/Allowed
Provided
Compliance
35 Feet
35 Feet
10 Feet
50 Feet
25 Feet
65 Feet
Y
Y
Standards
Min. Zone Width
North
South
East
West
Wall Height
Street Name
Functional
Classification
of Street(s)
Collector Street
Jones Boulevard
Primary Arterial
Governing Document
Master Plan of Streets
and Highways
Master Plan of Streets
and Highways
Provided
Compliance
7 Trees
7Trees
11 Trees
27 Trees
40 Trees
Y
Y
Y
Y
Y
7 Trees
Provided
Compliance
10 Feet
84 Feet
17 Feet
25 Feet
6 Feet
Y
Y
Y
Y
Y
Actual
Street Width
(Feet)
Compliance
with Street
Section
60 Feet
100 Feet
GK/MR
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
1:100 SF
Church/House
1,263 SF
of seating
13
of Worship
area
13
20
Y
TOTAL SPACES REQUIRED
12
1
19
1
Y
Regular and Handicap Spaces Required
ANALYSIS
The applicant is proposing to construct a new 3,344 square-foot Church/House of Worship on a
1.00-acre site located at the northwest corner of Donald Nelson Avenue and Jones Boulevard.
The Church/House of Worship use is defined as Any building used for religious worship
services, religious education and fellowship activities and programs of a religious organization.
This use includes the use of the building and premises for other related activities, such as child
care facilities, formal educational programs, preschool classes and recreational activities, but
only when those activities are ancillary to the religious use and only after those uses have been
approved by means of a use review or other procedure under LVMC Chapter 19.16. This use
does not include any class of child care center, general education classroom or facility, thrift
shop, homeless shelter or commercial activity.
The proposed use meets the definition, as described in the provided justification letter religious
worship is the primary use of the site.
The Minimum Special Use Permit Requirements for this use include:
1. The Special Use Permit approval may include such activities as religious services,
religious instruction, church club activities and similar activities.
The proposed use meets this requirement. According to the applicants justification letter
date stamped 11/10/15, religious worship is the primary use of the site.
2. The Special Use Permit approval may also include accessory functions, such as child care
facilities, formal educational programs, preschool classes and similar related activities, if:
a. The uses are specifically proposed in the application; and
b. The Director finds that each such use is ancillary to the primary use.
GK/MR
The proposed use meets this requirement, as the applicant has specifically requested that
religious educational classes, wedding ceremonies and special events be included as
accessory functions.
3. Following approval of a Special Use Permit, if any additional uses not specifically
covered by that Special Use Permit are proposed, an additional public hearing process
shall be required to add the uses.
This condition does not apply at this time, as the specific uses covered by the Special Use
Permit are only now being established through this proposal.
4. In residential districts, related uses such as thrift ships, homeless shelters and other
similar activities may not be conducted and are not eligible for approval as part of a
Special Use Permit. Such uses may be conducted only in the zoning districts such uses
are permitted as primary uses, and must receive specific approval to operate. The
proposed use meets this requirement, as the applicant has not stated any intent to operate
such uses that are prohibited in the residentially-zoned districts.
The proposed use meets this requirement, as the applicant has not proposed any thrift
shops, homeless shelters and other similar activities under this request.
5. Churches on sites larger than 5 acres shall not be permitted in the U District or a district
with an R prefix.
This requirement does not apply to the proposed use, as it would occur on a site of less
than five acres (1.00 acres), which is allowed in residential districts.
The proposed church will consist of a single-story, 3,334 square-foot building. The new
proposed building tallest point 17-foot two-inches tall; however, Title 19.18 measures a pitched
roof at the midpoint. The midpoint of the pitched roof is 12.58 feet tall. Residential adjacency
affects single story buildings in a residential zone that are 15 feet tall. The building walls will be
finished in dry earth stucco with deep walnut metal seam roofing. The site development is
proposed within the context of an R-E (Residence Estates) zoned property; however, the
Church/House of Worship use is non-residential use in regards to the application of landscaping
standards and must provide adequate screening and buffering of the use. The proposed
development adheres to the minimum Title 19.06 residential development standards with regards
to height, lot coverage and setbacks.
The development adheres to or exceeded the minimum Title 19.08 commercial development
standards with regards to parking, landscape buffers, and perimeter landscaping; however, it
does not building placement.
GK/MR
Title 19.08.040 requires buildings on corner lots to be placed to the front of the lot in a manner
that creates a strong visual connection to the corner. The building is sited to the rear and center
of the lot. Staff does not support the placement Wavier.
At the request of the neighbors, the applicant is proposing no off-site improvements along
Donald Nelson Avenue, a 60-foot wide Collector Street as classified by the Master Plan of
Streets and Highways. A Variance is required not to installation curb and gutters, a five-foot
wide detached sidewalk and five-foot landscaped amenity zone and other underground
improvements at back of curb. The applicant does not require a Waiver or Variance for not
proposing any off-site improvements along Jones Boulevard, as an attached five-foot wide
sidewalk exists.
Public Works noted that; the applicant is requesting a Variance for offsite improvements. The
first request is for relief of the required sewer extension in Donald Nelson Avenue to the west
edge of the site. Public Works requires developers to extend sewer beyond their site to allow
adjacent owners the ability to tie into the public sewer system without the added expense of
having to construct sewer adjacent to other property owners.
The second request is for the relief of building half-street improvements along Donald Nelson
Avenue. When a site develops in the City of Las Vegas, it is standard practice to require the
installation of all incomplete or damaged improvements surrounding the site so they match what
exists in the surrounding area.
Although half-street improvements are scarce in this area, the City is currently working on
building complete streets throughout the City. Since Jones Boulevard is fully improved adjacent
to this site, the Department of Public Works believes this sets the precedent for requiring
complete half street improvements adjacent to this site.
As proposed the development conforms to most Title 19 requirements; however, the Variance
form Completes Street requirements along Donald Nelson Avenue and accompanied building
placement Waiver are not compatible with the existing surrounding land uses, staff is
recommending denial of all four requests; however if approved subject to conditions.
FINDINGS (VAR-61938)
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.
GK/MR
FINDINGS (SUP-60378)
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 3,334 square-foot Church/House of Worship use cannot be conducted in a
manner that is harmonious and compatible with the surrounding land uses, as illustrated by
the required Variance and Waiver that accompany this application.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
As proposed, the 1.00 acre site cannot physically accommodate the new proposed 3,334
square-foot Church/House of Worship use, as illustrated by the required Waiver and
Variance.
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.
GK/MR
Site access is provided from Jones Boulevard, a 100-foot wide Primary Arterial as
designated by the Master Plan of Streets and Highways. This street is sufficient in size to
accommodate the needs of the proposed use and will not negatively impact adjacent
roadways.
4.
Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
The proposed Church/House of Worship will be subject to building plan review and
permitting inspections and will not compromise the public health, safety and welfare.
5.
The use meets all of the applicable conditions per Title 19.12.
The proposed use is consistent with all of the minimum requirements for a Church/House
of Worship; however, the location structure and failure to provide improvements along
Donald Nelson Avenue reinforce the unsuitability of this use at this location.
FINDINGS (SDR-60379)
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.
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;
The proposal does not comply with all the minimum Title 19.04 and Title 19.08
development standards, as illustrated by the required Complete Streets Variance and
building placement Wavier.
GK/MR
3.
4.
Building and landscape materials are appropriate for the area and for the City;
The proposed building and landscape materials are appropriate for the desert environment
and the neighborhood. The proposed building will be finished in dry earth stucco with
deep walnut brown style metal seam roofing. The submitted landscaping plan illustrates an
appropriate amount of trees within the north, west, east and south perimeter landscape
buffers.
5.
6.
Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
The proposed project will not impact the public health, safety or general welfare as the site
is subject to City inspections during construction, as well as routine business license
inspections for any commercial activity.
NOTICES MAILED
24
GK/MR
APPROVALS
1 - VAR-61938
1 - SUP-60378 and SDR-60379
PROTESTS
0 - VAR-61938
11 - SUP-60378 and SDR-60379
GK/MR
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Subject:
Mark,
Hereistheemailfromtheneighborgivinghersupport.
Iwouldliketoaddmynameinsupportoftheworshipcenterbeingbuiltinmyneighborhood.Ithinkitwillbe
goodimprovementforourneighborhood.Imovedhereandhavewatchedtheareagrowforthepast25
years.Alittletrafficforaboutsixhoursaweekisnotabigdeal.EspeciallyonSundays.
James&CarolynDavison
7740CowboyTrail
LasVegas,NV89131
SentfromWindowsMail
Discussion
SUBJECT:
ABEYANCE - RENOTIFICATION - SUP-60378 - SPECIAL USE PERMIT RELATED TO
VAR-61938 - PUBLIC HEARING - APPLICANT/OWNER: LAS VEGAS BIBLE CHURCH For possible action on a request for a Special Use Permit FOR A PROPOSED 3,344 SQUAREFOOT CHURCH/HOUSE OF WORSHIP USE at the northwest corner of Donald Nelson
Avenue and Jones Boulevard (APN 125-14-604-005), R-E (Residence Estates) Zone, Ward 6
(Ross) [PRJ-60315]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
10
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest Postcards for SUP-60378 and SDR-60379 [PRJ-60315]
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>>(lOZ) 464-7499 ur make your cmments t www.lasvegasnevatla.gov. If you
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appropriate box beJorv ad refurn rhis card in an envelope rvth postage to the
Departnreat of Planuing al tfe address listed above. tbx this ride of this card to
t70ll 464-7499 or mke your commems at rvrvw.lasvgsnevada,gov. [f you
would tike to crrtacf your Council Representive plc*se call (7021 129tr-,
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would like to contact your Council Representative, please call (702) 229-
this Request
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LAS VEGAS NV 89131-2165
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(702) 464-7499 or make your comments at www.lasvegasnevada.gov. If you
would like [o contact your Council Representative, please call (702) 2296405.
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Discussion
SUBJECT:
ABEYANCE - RENOTIFICATION - SDR-60379 - SITE DEVELOPMENT PLAN REVIEW
RELATED TO VAR-61938 AND SUP-60378 - PUBLIC HEARING - APPLICANT/OWNER:
LAS VEGAS BIBLE CHURCH - For possible action on a request for a Site Development Plan
Review FOR A PROPOSED 3,344 SQUARE-FOOT CHURCH/HOUSE OF WORSHIP WITH
A WAIVER TO ALLOW A BUILDING NOT TO BE ORIENTED TO THE CORNER AND
THE STREET FRONTS WHERE SUCH IS REQUIRED on 1.00 acre located at the northwest
corner of Donald Nelson Avenue and Jones Boulevard (APN 125-14-604-005), R-E (Residence
Estates) Zone, Ward 6 (Ross) [PRJ-60315]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
10
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
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SDR 60379
Las Vegas Bible Church
DESCRIPTION
#UNIT
RATE/#
UNIT
9.11
3.2
0.55
11.76
TOTAL
29
2
38
11,450
916
Farm Road
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)
Jones Boulevard
Farm Road
5,725
458
Adjacent Street ADT Capacity
34,500
25,400
On weekdays, this project is expected to add about 29 trips per day on Donald Nelson Ave., Jones Blvd. & Farm Rd.
Currently, Jones is at about 33 percent of capacity and Farm is at about 23 percent of capacity. With this project, these
capacities are expected to remain unchanged. Counts are not available for Donald Nelson, but it is believed to be under
capacity.
On Sundays, this project is expected to add about 38 trips in the peak hour, or about three every two minutes.
Based on Peak Hour use, this project will add about 2 trips in the peak hour on weekdays, or about one every thirty
minutes.
Note that this report assumes all traffic from this development uses all named streets.
Discussion
SUBJECT:
ABEYANCE - SUP-61299 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT:
MARCUS SGRIZZI - OWNER: DURANGO SAHARA, LLC - For possible action on a request
for a Special Use Permit FOR A BEER/WINE/COOLER ON-SALE ESTABLISHMENT
WITHIN A PROPOSED 2,537 SQUARE-FOOT RESTAURANT WITH 800 SQUARE FEET
OF OUTDOOR SEATING AREA AND A WAIVER TO ALLOW A ZERO-FOOT DISTANCE
SEPARATION FROM AN INDIVIDUAL CARE CENTER LICENSED FOR MORE THAN 12
CHILDREN WHERE 400 FEET IS REQUIRED at 8615 West Sahara Avenue (APN 163-08510-009), C-1 (Limited Commercial) Zone, Ward 2 (Beers) [PRJ-61176]. Staff recommends
APPROVAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest/Support Postcards
SUP-61299 [PRJ-61176]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-61299
RECOMMENDATION
REQUIRED FOR
APPROVAL
** CONDITIONS **
SUP-61299 CONDITIONS
Planning
1.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
A Waiver from Title 19.12 is hereby approved, to allow a zero-foot distance separation
from an individual care center licensed for more than 12 children where 400 feet is the
minimum required.
4.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit, as well as submitted as part of any business license application.
6.
Approval of this Special Use Permit does not constitute approval of a liquor license.
7.
This business shall operate in conformance to Chapter 6.50 of the City of Las Vegas
Municipal Code.
8.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
GK
SUP-61299 [PRJ-61176]
Staff Report Page One
December 8, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit for a Beer/Wine/Cooler On-Sale Establishment within
a proposed 2,537 square-foot restaurant with 800 square feet of outdoor dining area at 8615 West
Sahara Avenue. The proposed restaurant would locate within an existing 30,548 square-foot
shopping center. The Beer/Wine/Cooler On-Sale use will be ancillary to the proposed restaurant.
As this request can be conducted in a compatible and harmonious manner within the existing
shopping center, staff recommends approval of this application. If denied, the restaurant use
would not be allowed to serve alcohol on the premises.
ISSUES
The Beer/Wine/Cooler On-Sale use is permitted in the C-1 (Limited Commercial) zoning
district with the approval of a Special Use Permit.
A distance separation Waiver is required to allow the Beer/Wine/Cooler On-Sale use zero
feet from an Individual Care Center (licensed for more than 12 children) where 400 feet is
the minimum required. Staff supports the Waiver as the proposed use is located within an
established shopping center designed to accommodate a variety of uses and will not
negatively impact the existing Individual Care Center (licensed for more than 12 children).
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved the Reclassification (Z-0054-84) of property
generally bounded by Sahara Avenue on the north, Durango Drive on east,
Desert Inn Road on the south and Fort Apache Way on the west, from N-U
(Non-Urban) to R-1 (Single Family Residence), R-PD3 (Residential Planned
08/15/84
Development), R-PD4 (Residential planned Development) R-PD7
(Residential Planned Development), R-PD23 (Residential Planned
Development), P-R (Professional Offices and Parking), C-1 (Limited
Commercial) and C-V (Civic). The Planning Commission and staff
recommended approval.
The Planning Commission approved a request for a Plot Plan Review
[Z-0054-84(3)] for a proposed shopping center on 15 acres on the south side
06/12/86
of Sahara Avenue, between Durango Drive and Lake Sahara Drive. Staff
recommended approval.
GK
SUP-61299 [PRJ-61176]
Staff Report Page Two
December 8, 2015 - Planning Commission Meeting
SUP-61299 [PRJ-61176]
Staff Report Page Three
December 8, 2015 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was conducted with the applicant to go over the
09/08/15
application materials and submittal requirements for a Special Use Permit for
a proposed Beer/Wine/Cooler On-Sale establishment use.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
09/24/15
Staff performed a routine field check and noted a well maintained shopping
center free of trash or debris.
Surrounding
Property
Subject Property
Shopping Center
North
South
Multi-Family
Residential
East
General Retail
West
Financial Institution,
Specified
Planned or Special
Land Use Designation
SC (Service
Commercial)
PR-OS
(Park/Recreation/Open
Space)
MLA (Medium-Low
Attached Residential)
CG (Commercial
General Clark County)
SC (Service
Commercial)
Compliance
N/A
Compliance
N/A
GK
SUP-61299 [PRJ-61176]
Staff Report Page Four
December 8, 2015 - Planning Commission Meeting
Compliance
N/A
N/A
N/A
Y
DEVELOPMENT STANDARDS
Street Name
Functional
Classification of
Street(s)
Durango Drive
Primary Arterial
Sahara Avenue
Primary Arterial
Governing Document
Planned Streets and
Highways Map
Planned Streets and
Highways Map
Actual
Street Width
(Feet)
Compliance
with Street
Section
100
150
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
Shopping
30,548 SF
1:250 SF
123
Center
123
319
Y
TOTAL SPACES REQUIRED
118
5
313
6
Y
Regular and Handicap Spaces Required
Waivers
Requirement
400 feet from an Individual
Care Center (licensed for more
than 12 children)
Request
Staff Recommendation
Zero Feet
Approval
ANALYSIS
The applicant is proposing to establish a Beer/Wine/Cooler On-Sale use within a proposed
restaurant at 8615 West Sahara Avenue. The subject site is located with the C-1 (Limited
GK
SUP-61299 [PRJ-61176]
Staff Report Page Five
December 8, 2015 - Planning Commission Meeting
Commercial) zoning district, which intends to encourage low to medium intensity retail, office or
other commercial uses. The proposed Beer/Wine/Cooler On-Sale use is permissible in the C-1
(Limited Commercial) zone with the approval of a Special Use Permit. The 2,537 square-foot
tenant space with 800 square feet of outdoor seating area to be utilized for the use is located
within an existing 30,548 square-foot shopping center. The existing shopping center provides
shared access and parking throughout the subject site. The proposal adheres to all minimum
parking requirements.
A Beer/Wine/Cooler On-Sale use is described in Tile 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.
Minimum Special Use Permit Requirements:
1. Except as otherwise provided, no beer/wine/cooler on-sale establishment (hereinafter
establishment) shall be located within 400 feet of any church/house of worship, school,
individual care center licensed for more than 12 children, or City park.
The proposed use does not meet this requirement, as the proposed site is located zero feet away
from an individual care center (licensed for more than 12 children), which is located to the south
of the subject shopping center. The applicant has requested a Waiver to this distance separation
requirement. Staff supports the Waiver as the proposed use is located within an established
shopping center designed to accommodate a variety of uses and will not negatively impact the
existing Individual Care Center (licensed for more than 12 children), which is located more than
2,000 feet away measured door to door. In addition, the subject tenant space was previously
entitled for a restaurant with service bar, which allows the sales of spirits in addition to beer and
wine. The current proposal would only allow the sale of beer and wine and is a less intense use.
2. Except as otherwise provided in Requirement 3 below, the distances referred to in
Requirement 1 shall be determined with reference to the shortest distance between two property
lines, one being the property line of the proposed establishment which is closest to the existing
use to which the measurement pertains, and the other being the property line of that existing use
which is closest to the proposed establishment. The distance shall be measured in a straight line
without regard to intervening obstacles. For purposes of measurement, the term property line
refers to property lines of fee interest parcels and does not include the property line of:
a. Any leasehold parcel; or
b. Any parcel which lacks access to a public street or has no area for on-site parking and which
has been created so as to avoid the distance limitation described in Requirement 1.
Distances have been measured from Lakeside Plaza Plat Book 38, Page 9.
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
GK
SUP-61299 [PRJ-61176]
Staff Report Page Six
December 8, 2015 - Planning Commission Meeting
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, the subject site is not located on a parcel of at least 80 acres of size, the assessor
list the subject property at 13.84 acres.
4. When considering a Special Use Permit application for an establishment which also requires a
waiver of the distance limitation in Requirement 1, the Planning Commission shall take into
consideration the distance policy and shall, as part of its recommendation to the City Council,
state whether the distance requirement should be waived and the reasons in support of the
decision.
The proposed site is located zero feet away from an individual care center (licensed for more
than 12 children) where 400 feet is required, which represents a 100% reduction from code
requirements. Staff has determined that the proposed use is complementary to the variety of
commercial uses existing within the Lakeside Plaza Shopping Center, therefore is recommending
approval of the requested Waiver.
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 that
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.
The proposed use is located zero feet from an Individual Care Center (licensed for more than 12
children), located to the south of shopping center, where a 400-foot minimum distance separation
is required. The proposed location of this use fails to comply with the minimum distance
separation requirements for a Special Use Permit. The requested Waiver to allow a zero-foot
distance separation represents a 100% reduction from the required 400-foot distance separation
mandated by Title 19. However, the subject property is an established shopping center designed
to accommodate a variety of uses. Staff has added a condition of approval requiring the business
GK
SUP-61299 [PRJ-61176]
Staff Report Page Seven
December 8, 2015 - Planning Commission Meeting
conform to all provisions of LVMC Chapter 6.50 with regards to running a restaurant and
alcohol license. It has been determined that the proposed Beer/Wine/Cooler On-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.
FINDINGS (SUP-61299)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
1.
The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
The proposed Beer/Wine/Cooler On-Sale use will be ancillary to the proposed restaurant
use at the subject site. The proposed use is compatible with the surrounding land uses and
can be conducted in a manner that is harmonious with surrounding land uses.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The subject site is located within an existing commercial shopping center that is physically
suitable for the intensity of the proposed land use.
3.
Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
Access to the site will not change. The property is accessed by Durango Drive and Sahara
Avenue, both roads are designated as Primary Arterials as classified by the Master Plan of
Streets and Highways.
4.
Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
Approval of this Special Use Permit will not compromise the public health safety and
general welfare of the public. The use will be subject to regular inspections and is subject
to licensing restrictions.
5.
The use meets all of the applicable conditions per Title 19.12.
GK
SUP-61299 [PRJ-61176]
Staff Report Page Eight
December 8, 2015 - Planning Commission Meeting
The proposed use meets all applicable conditions of approval for a Beer/Wine/Cooler
On-Sale use per Title 19.12; except for the requested distance separation Waiver from
an existing Individual Care Center (licensed for more than 12 children). However, the
subject property is an established shopping center designed to accommodate a variety of
uses. Staff has determined that the proposed use is complementary to the variety of
commercial uses existing within the Lakeside Plaza Shopping Center, therefore is
recommending approval of the requested Waiver.
NOTICES MAILED
1023
APPROVALS
PROTESTS
20
GK
SUP-61299
PRJ-61176
Application/Petition For:
ProjectAddress (Location):
Project Name
16308510009
Ward #:
Yes
Select
Gross Acres:
Lots/Units:
Additional Information:
Applicant First Name:
marcus
sgrizzi
Applicant Address:
8224 cassis ct
Applicant City:
las vegas
Applicant State:
nevada
Applicant Zip:
89117
Applicant Phone:
702-498-9786
Applicant Fax:
Applicant Email:
mtr@cox.net
marcus
sgrizzi
Rep Address:
8224 cassis ct
Rep City:
las vegas
Rep State:
nevada
Rep Zip:
89117
Rep Phone:
702-498-9786
Rep Fax:
Rep Email:
mtr@cox.net
SUP-61299
9/22/2015 2:58:37 PM
Page 1 of 2
Yes
Yes
Owner(s)
ADDR1
ADDR2
DURANGO SAHARA L L C
CLVEPLAN Applicant
Company
Title
Marcus Sgrizzi
Chef Marc's
Chef
mtr@cox.net
SUP-61299
9/22/2015 2:58:37 PM
Page 2 of 2
SUP-61299
77
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7
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SUP-61299 - REVISED
SUP-61299 [PRJ-61176] - SPECIAL USE PERMIT - APPLICANT: MARCUS SGRIZZI - OWNER: DURANGO
SAHARA, LLC
8615 WEST SAHARA AVENUE
09/24/15
SUP-61299 [PRJ-61176] - SPECIAL USE PERMIT - APPLICANT: MARCUS SGRIZZI - OWNER: DURANGO
SAHARA, LLC
8615 WEST SAHARA AVENUE
09/24/15
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SUP-61299
r/27/2L3
PAGE 2/2
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Discussion
SUBJECT:
ZON-61483 - REZONING - PUBLIC HEARING - APPLICANT: EFREN CALDERON OWNER: THOMAS AND ARLENE CALDERON - For possible action on a request for a
Rezoning FROM: R-1 (SINGLE FAMILY RESIDENTIAL) TO: R-2 (MEDIUM LOW
DENSITY RESIDENTIAL) on 0.47 acres at 804 Dike Lane (APN 139-29-705-002), Ward 5
(Barlow) [PRJ-61393]. Staff recommends APPROVAL.
C.C.: 1/20/2016
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
ZON-61483 [PRJ-61393]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
ZON-61483
RECOMMENDATION
REQUIRED FOR
APPROVAL
JB
ZON-61483 [PRJ-61393]
Staff Report Page One
December 8, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting to rezone 0.47 acres from a R-1 (Single Family Residential) zoning
district to a R-2 (Medium-Low Density Residential) zoning district, on property located at 804
Dike Lane. Staff recommends approval, as the requested change to the R-2 (Medium-Low
Density Residential) zoning district conforms to the existing ML (Medium Low Density
Residential) General Plan Designation and the surrounding properties. If denied, the property
would remain zoned R-1 (Single Family Residential).
ISSUES
There are no proposed development plans submitted with this request at this time.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Planning Commission approved a request for a Variance (VAR-12658) to
allow a 13-foot and a 12-foot rear yard setback where 15 feet is required on a
05/11/06
proposed two-lot single family residential subdivision at 804 Dike Lane. Staff
recommended denial of the request.
The Planning Commission approved a request for a Variance (VAR-29025) to
allow a 12-foot and a 13-foot rear yard setback where 15 feet is required on a
08/28/08
proposed two-lot single family residential development at 804 Dike Lane.
Staff recommended denial of the request.
JB
ZON-61483 [PRJ-61393]
Staff Report Page Two
December 8, 2015 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was conducted with the applicant to go over the
09/22/15
application materials and submittal requirements for a Rezoning on property
located at 804 Dike Lane.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
10/29/15
During a routine site visit staff observed a residential development, free from
trash and debris.
Surrounding
Property
Planned or Special
Land Use Designation
ML (Medium Low
Density Residential)
ML (Medium Low
Density Residential)
South
Multi-Family
Residential
ML (Medium Low
Density Residential)
East
Single-Family
Residence
West
Undeveloped
ML (Medium Low
Density Residential)
ML (Medium Low
Density Residential)
Subject Property
North
Compliance
Y
Compliance
Y
JB
ZON-61483 [PRJ-61393]
Staff Report Page Three
December 8, 2015 - Planning Commission Meeting
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Existing Zoning
R-1 (Single Family
Residential)
Proposed Zoning
R-2 (Medium-Low Density
Residential)
General Plan
ML (Medium-Low Density
Residential)
Street Name
Dike Lane
Permitted Density
Units Allowed
One
Permitted Density
Units Allowed
Three
Permitted Density
Units Allowed
Three
Functional
Classification of
Street(s)
Local Street
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
60 Feet
ANALYSIS
The applicant is requesting to rezone 0.47 acres from a R-1 (Single Family Residential) zoning
district to a R-2 (Medium-Low Density Residential) zoning district on property located at 804
Dike Lane. The existing ML (Medium Low Density Residential) land use category allows 8.49
units per acre and has six allowable zoning districts: R-2 (Medium-Low Density Residential), RCL (Single Family Compact-Lot), R-1 (Single Family Residential), R-MH
(Mobile/Manufactured Home), U (Undeveloped) and R-E (Residence Estates).
Currently, the subject site is currently developed with two single family residences, which were
constructed in 1950. The applicant has not proposed development plans for the subject property
at this time. According to Title 19.06.100, any property with an R-2 (Medium-Low Density
Residential) zoning designation must be at least 6,500 square feet in size. The subject site is 0.47
acres or 20,473 square feet and adheres to this minimum requirement. Title 19.06.100 does not
have a minimum lot width requirement. All other minimum requirements are development
standards and do not apply until the applicant proposes to build.
JB
ZON-61483 [PRJ-61393]
Staff Report Page Four
December 8, 2015 - Planning Commission Meeting
Staff recommends approval, as the requested change to the R-2 (Medium-Low Density
Residential) zoning district conforms to the existing ML (Medium Low Density Residential) and
surrounding properties. If denied, the property would remain zoned R-1 (Single Family
Residential).
FINDINGS (ZON-61483)
In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning
Commission or City Council must affirm the following:
1.
2.
The uses which would be allowed on the subject property by approving the rezoning
will be compatible with the surrounding land uses and zoning districts.
The uses allowed in the proposed R-2 (Medium-Low Density Residential) zoning
district is compatible with the surrounding land uses and zoning districts located within
the West Las Vegas Plan area.
3.
Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
The proposed R-2 (Medium-Low Density Residential) is an appropriate zoning
designation, which will allow conformance with the existing ML (Medium Low Density
Residential) designation under the Southeast Sector Plan of the General Plan.
4.
Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed zoning district.
Access to the subject site will remain unchanged. The property is located on Dike Lane,
which is classified as a 60-foot Local Street, as defined by the Master Plan of Streets
and Highways.
JB
ZON-61483 [PRJ-61393]
Staff Report Page Five
December 8, 2015 - Planning Commission Meeting
NOTICES MAILED
250
APPROVALS
PROTESTS
21
JB
ZON-61483
ZON-61483
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ZON-61483
Discussion
SUBJECT:
ZON-61791 - REZONING - PUBLIC HEARING - APPLICANT: PRECEDENT PROPERTIES,
LLC - OWNER: RMH TRUST - For possible action on a request for a Rezoning FROM: R-E
(RESIDENCE ESTATES) TO: R-1 (SINGLE FAMILY RESIDENTIAL) on 1.89 acres at the
northwest corner of Dorrell Lane and Decatur Boulevard (APN 125-24-503-020), Ward 6 (Ross)
[PRJ-61304]. Staff recommends APPROVAL.
C.C.: 1/20/2016
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
ZON-61791 [PRJ-61304]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
ZON-61791
RECOMMENDATION
Staff recommends APPROVAL.
REQUIRED FOR
APPROVAL
N/A
MR
ZON-61791 [PRJ-61304]
Staff Report Page One
December 8, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting to change the zoning from R-E (Residence Estates) to R-1 (Single
Family Residential) for a future single-family, detached residential subdivision on 1.89 acres of
undeveloped land located on the northwest corner of Dorrell Lane and Decatur Boulevard. Staff
supports this request, as it is compatible with the existing and surrounding developments within
the area. If denied, the land use will remain unchanged and only residential development that
meets the R-E (Residence Estates) zoning district standards could be developed on the site.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Board of City Commissioners approved an Annexation (A-0003-64)
05/12/64
request of 5,000 acres generally located north of Lone Mountain Road and west
of Decatur Boulevard with an effective date of 05/20/64.
Most Recent Change of Ownership
06/21/05
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
The subject site has no related permits on file at this time.
Pre-Application Meeting
A pre-application meeting was held with the applicants designated
representative to discuss the submittal requirements for rezoning the subject
09/17/15
property from R-E (Residence Estates) to R-2 (Medium Low Density
Residential) or R-1 (Single-Family Residential).
Neighborhood Meeting
A neighborhood meeting was held from 6:00 p.m. to 6:17 p.m. at the
Centennial Hills YMCA, 6601 North Buffalo Drive, Las Vegas, Nevada
89131. The meeting was attended by one member of the development team,
one Planning staff member and one representative of the Ward Six
11/24/15
Councilmans office.
No member of the general public attended the meeting.
MR
ZON-61791 [PRJ-61304]
Staff Report Page Two
December 8, 2015 - Planning Commission Meeting
Field Check
10/29/15
A field check was conducted of the property that revealed that the subject
property is an undeveloped dirt lot.
Surrounding
Property
North
Single-Family,
Residential
Planned or Special
Land Use Designation
ML (Medium Low
Density Residential)
ML (Medium Low
Density Residential)
South
Single-Family,
Residential
ML (Medium Low
Density Residential)
Subject Property
Undeveloped
East
West
Single-Family,
Residential
Single-Family,
Residential
Compliance
N/A
Compliance
N/A
Compliance
N/A
N/A
N/A
Y
MR
ZON-61791 [PRJ-61304]
Staff Report Page Three
December 8, 2015 - Planning Commission Meeting
DEVELOPMENT STANDARDS
Pursuant to Title 19.06.060, the following standards apply:
Standard
Required/Allowed
Min. Lot Size
6,500 SF
Min. Lot Width
60 Feet
Existing Zoning
R-E (Residence Estates)
Proposed Zoning
R-1(Single Family
Residential)
General Plan
ML (Medium Low Density
Residential)
Provided
82,328 SF
261 Feet
Compliance
Y
Y
Permitted Density
8.49
Permitted Density
Units Allowed
4
Units Allowed
8.49
12
Permitted Density
Units Allowed
8.49
16
ANALYSIS
The applicant is requesting to change the zoning of a 1.89-acre parcel of land located on the
northwest corner of Dorrell Lane and Decatur Boulevard from R-E (Residence Estates) to R-1
(Single Family Residential). The ML (Medium Low Density Residential) land use category
generally permits single-family detached homes, including compact lots and zero lot lines,
mobile home parks and two-family dwellings. Local supporting uses such as parks, other
recreation facilities, schools and churches are allowed in this category. This category allows up
to 8.49 dwelling units per acre. This rezoning request to R-1 (Single Family Residential) is
allowed in the ML (Medium Low Density Residential) land use designation and is consistent
with the residential development in the surrounding community.
This zoning is within one-half mile of a city boundary and therefore, a Project of Regional
Significance. The application was properly noticed and no comments were returned.
For the above reason staff recommend approval of this rezoning request.
FINDINGS (ZON-61791)
In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning
Commission or City Council must affirm the following:
MR
ZON-61791 [PRJ-61304]
Staff Report Page Four
December 8, 2015 - Planning Commission Meeting
1.
2.
The uses which would be allowed on the subject property by approving the rezoning
will be compatible with the surrounding land uses and zoning districts.
The detached single-family residential use planned on the subject property is at an
appropriate density with the surrounding area and is therefore, compatible with the
residential uses and zoning designations of the surrounding community.
3.
Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
The density and size of the lots proposed for the property to be rezoned will resemble the
development pattern of surrounding area. The proposed Rezoning is therefore appropriate.
4.
Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed zoning district.
Access to the property is provided by Decatur Boulevard, a 120-foot Parkway Arterial, and
Dorrell Lane, a 60-foot Minor Collector. Both roadways are adequate to meet the traffic
demands of the proposed single-family residential development
NOTICES MAILED
274
APPROVALS
PROTESTS
22
MR
ZON-61791
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ZON-61791
Discussion
SUBJECT:
VAR-61046 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: KIM J LECLAIR For possible action on a request for a Variance TO ALLOW AN EXISTING DETACHED
ACCESSORY STRUCTURES (CLASS II) [HORSE CORRALS] TO BE LOCATED IN THE
FRONT YARD WHERE SUCH IS NOT PERMITTED, TO ALLOW A ONE-FOOT
DISTANCE
SEPARATION FROM THE MAIN DWELLING FOR AN EXISTING
DETACHED ACCESSORY STRUCTURES (CLASS II) [SHADE STRUCTURE] WHERE
SIX FEET IS REQUIRED, TO ALLOW A ONE-FOOT SIDE YARD SETBACK FOR
EXISTING ACCESSORY STRUCTURES (CLASS II) [A 192 SQUARE-FOOT HAY BARN
AND A 48 SQUARE-FOOT WELL HOUSE] WHERE 10 FEET IS REQUIRED, TO ALLOW
AN EIGHT-FOOT REAR YARD SETBACK FOR AN ACCESSORY STRUCTURE CLASS II
[ANIMAL SHADE STRUCTURE] WHERE 10 FEET IS REQUIRED, AND TO ALLOW A
12-FOOT CORNER SIDE YARD SETBACK FOR ACCESSORY STRUCTURES [ANIMAL
SHADE STRUCTURE AND TACK ROOM] WHERE 15 FEET IS REQUIRED on 1.29 acres
at 5525 West Rome Boulevard (APN 125-24-403-001), R-E (Residence Estates) Zone, Ward 6
(Ross) [PRJ-59862]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-61046, SUP-61047 and SUP-61183 [PRJ-59862]
2. Conditions and Staff Report - VAR-61046, SUP-61047 and SUP-61183 [PRJ-59862]
3. Supporting Documentation - VAR-61046, SUP-61047 and SUP-61183 [PRJ-59862]
4. Photo(s) - VAR-61046, SUP-61047 and SUP-61183 [PRJ-59862]
5. Justification Letter - VAR-61046, SUP-61047 and SUP-61183 [PRJ-59862]
6. Support Letters - VAR-61046, SUP-61047 and SUP-61183 [PRJ-59862]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-61046
SUP-61047
SUP-61183
RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:
REQUIRED FOR
APPROVAL
VAR-41046
VAR-41046
SUP-61183
** CONDITIONS **
VAR-61046 CONDITIONS
Planning
1.
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.
MR
5.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
Public Works
6.
Connect to public sewer and extend public sewer in Rome Boulevard from Bradley Road to
Helen Avenue, and abandon the temporary Individual Sewage Disposal System.
Alternatively, provide a written letter from the Southern Nevada Health District (SNHD)
Environmental Health Division stating that the proposed improvements are compatible
with the existing temporary Individual Sewage Disposal System.
SUP-61047 CONDITIONS
Planning
1.
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 22 horses, one
Alpaca, and 10 goats.
4.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
5.
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.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit, as well as submitted as part of any business license application.
7.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
MR
SUP-61183 CONDITIONS
Planning
1.
2.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Horse Corral or
Stable (Commercial) use.
3.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
4.
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.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit, as well as submitted as part of any business license application.
7.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
MR
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for two Special Use Permits [one for Animal Keeping and Husbandry (domestic
animals and the other for Horse Corral or Stable (Commercial)] and eight Accessory structure
setback Variances at 5525 West Rome Boulevard. This request is the result of a code
enforcement citation (#145077) for too many animals on the property. Currently, the 1.29-acre
site consists of a 2,300 square-foot single-family residence, a riding arena, an animal exercise
pen, well house, hay shed, horse stalls, goat pen, pig pen and a chicken coop. 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
and three sheep or goats maybe kept for every 20,000 square feet of lot area. The 56,192 squarefoot lot area limits the total number of horses or cows to seven and sheep or goats to seven. The
applicant is requesting to keep up to 22 horses, 10 miniature pygmy goats, and one alpaca, which
exceeds the maximum allowed. Additionally, the applicant provides riding lessons for up to three
students at a time. Per the definition of Horse Corral or Stable use a special use permit is
required to provide instructional or recreational actives for other than occupants of the premise.
The majority of setback variances associated with this request is to provide shade for or house
animals on site. The existing neighborhood is rural in nature with horses and livestock
commonly found throughout the area; however, the number of variances requested illustrate that
there are too many animals on site. Staff finds the subject site is not physically suitable for
intensity of land use and therefore, recommends denial of all three applications.
ISSUES
MR
A setback Variance is required to allow Accessory Structures Class II [an animal shade
structure and a tack room] to be located 12-foot from the corner side yard property line
where 15 feet is required.
An Animal Keeping & Husbandry use is Conditional use in the R-E (Residence Estates)
zoning district. One horse or cow is permitted for each 7,500 square feet of lot area. The
lot is 1.29-acres, which would allow seven horses or cows and seven sheep or goats. The
applicant is requesting 22 horses, one alpaca, and 10 goats. A Special Use Permit is
required to allow the requested number of animals.
A Special Use Permit for a Horse Corral or Stable (Commercial) use in the R-E
(Residence Estates) zoning district is required to allow instructional or recreational
activities for other than occupants of the premises.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved an Annexation (A-0003-64) of 5,000 acres generally
05/20/64
located north of Lone Mountain Road and west of Decatur Boulevard with an
effective date of 05/20/64. This site was part of that request.
A complaint (#25841) was filed with Code Enforcement for the number of horse
02/09/05
on the property. The complaint was resolved on 02/11/05.
A complaint (#36955) was filed with Code Enforcement for the number of horse
12/14/05
on the property and operating a business out of the home. The complaint was
resolved on 12/15/05.
A complaint (#38049) was filed with Code Enforcement for the number of horse
02/02/06
on the property. The complaint was resolved on 10/02/06.
A complaint (#145077) was filed with Code Enforcement for the Animal Control
08/28/14
asking for help with adoption of horses throughout Clark County. The complaint
was resolved on 09/02/14.
A complaint (#150240) was filed with Code Enforcement for the too many animals
02/04/15
on the property. The complaint has not been resolved as of 11/10/15.
MR
Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the submittal
06/22/15
requirements for setback variances and special use permits to allow the
existing animals and structures on site to remain.
A pre-application meeting was held with the applicant to discuss the submittal
08/26/15
requirements for setback variances and special use permits to allow the
existing animals and structures on site to remain
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
10/29/15
Surrounding
Property
Subject Property
North
South
East
West
Single Family,
Detached
Single Family,
Detached
Single Family,
Detached
Planned or Special
Land Use Designation
L (Low Density
Residential)
L (Low Density
Residential)
L (Low Density
Residential)
L (Low Density
Residential)
L (Low Density
Residential)
L (Low Density
Residential)
MR
Compliance
N/A
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to Title 19.06.060 , the following standards apply for Accessory Structures:
Standard
Required/Allowed
Provided
Compliance
Min. Setbacks
Front
Not allowed
65 Feet
N
Side
10 Feet
1 Feet
N
Corner
15 Feet
12 Feet
N
15 Feet
8 Feet
N
Rear
Min. Distance Between Main Dwelling
6 Feet
1 Feet
N
50 %*
19 %
Y
Max. Lot Coverage
*Not to exceed 50% of the rear and side yard areas
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
2 per
Single Family
1
Residentia
2
Residential
l Dwelling
Animal
No
Keeping &
N/A
Additional
0
Husbandry
Parking
Horse Corral
1 per 5
0 Horses
or Stable
Horses
0
boarded
(Commercial)
Boarded
2
2
Y
TOTAL SPACES REQUIRED
2
0
2
0
Y
Regular and Handicap Spaces Required
MR
Active R-19 (Riding Horse Rental) Business licenses within Las Vegas
Address
5770 West Rosada
Way
6180 Donald
Nelson Avenue
5771 West Rosada
Way
Area
in
Acres
Distance from
Subject Site in
Miles
Issued
4.54
1.84
09/27/00
2.60
1.51
02/13/01
4.44
1.91
04/16/15
Use Permit
U-0096-00
ROC-5988
U-0155-00
SUP-58148
SUP-58149
Number
of
Horses/
Cattle
Animals
per Acre
58
7.8
12
4.6
42
9.4
ANALYSIS
The site consists of a 2,300 square-foot single-family residence, a riding arena, an animal
exercise pen, well house, hay shed, horse stalls, goat pen, pig pen and a chicken coop at 5525
West Rome Boulevard. Per the applicants justification letter she would like to keep all the
existing animals on site as they are a part of her family. The applicant also provides riding
lessons, to children, adults, individuals with special needs and individual with Post Traumatic
Stress Syndrome. Due to the number of animals on site and because instructional training or
recreational actives for other than occupants of the premise are offered, two Special Use Permits
[a SUP for Animal Keeping & Husbandry and a SUP Horse Corral or Stable (Commercial)] are
required. Eight accessory structures on site were constructed within the required setback area
and therefore, require setback Variances. These applications were the result of a Code
Enforcement citation (#150240) for too many animals on 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:
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.
MR
The applicant has submitted a site plan and a justification letter, which details a request
to house 22 horses, 10 sheep, one lama, two pot belly pigs, and 35 chickens.
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 does not meet this condition as the site is 56,192 square feet and there are
10 sheep. The proposal does not adhere to this requirement.
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 56,192 square-foot subject site is permitted a total of seven cows or horses. The
applicant is requesting 22 horses and one lama. 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 5525 West Rome Boulevard is north of Cheyenne Avenue.
The proposed Animal Keeping and Husbandry use does not meet conditions 1b and 1d of the
minimum Conditional Use Requirements. The zoning code accommodates for the keeping of
domestic animals but places a maximum number of animals at a ratio of three-goats per 20,000
square feet of land including the building site and one horse or cow per 7,500 square feet of lot
area. The 56,192 square-foot subject site is permitted a total of seven horses and seven goats. As
proposed, the applicant is requesting 22 horses, one lama and 10 miniature pygmy goats, which
exceeds the maximum allowed. As a result a Special Use Permit is required.
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 and letters of support the applicant provides instructional training and a horse summer
MR
camp. The applicant is proposing no commercial boarding at this time and therefore; no
additional parking spaces are required. There are no Minimum Special Use Permit Requirements
associated with the Horse Corral or Stable (Commercial) use.
According to the submitted site plan date, the existing facility is a 1.29-acre fenced property
consisting of a 2,300 square-foot residence, a well house, hay stack, an animal barn, a horse
corral (pasture), a row of large horse stalls, a tack room, a pot belly pig pen, a chicken coop and a
goat pen that house up to 22 horses, one alpaca, 10 miniature pygmy goats, 35 chickens, and two
pot belly pegs. There is a large main arena for riding is located at east end of the property
adjacent to adjacent to the eastern and southern neighbors arenas. The property has a horse turnout stall (or pasture) and a portion of two covered horse stalls in the front yard. There is a tack
room and the remaining portion of the covered stalls along the northern property (or corner
yard). There is an exercise pen north of the residential dwelling. The barn, hay structure, well
house, chicken coop, pig and goat pens are located along the southern portion of the property.
Per the provided justification letters no additional parking additional is required as property
owner is not boarding horses.
Seven of the eight requested Variances will allow existing non-permitted structures to be
permitted and to encroach into the front, side, corner side and rear yard setbacks. A majority of
the structures provide shade for the shade for the existing animals on site or shelter for animal
food stock. A Variance is required to will allow two horse corrals with a shade structures in the
front yard where such is not permitted. A Variance is required to allow an animal shade structure
and tack room three feet in the corner yard setback of 15 feet. A Variance is required to allow an
animal shade structure two feet within the rear yard setback of 10 feet. Four Variances are
required to allow a chicken coop and goat shade structure two feet from the side property line
and to allow a hay structure and well house one-foot from the side property line where 10 feet is
required for the four structures. Lastly, a Variance is required to allow a detached shade structure
to be located one-foot from the principal dwelling where six feet is required. The reduced
setback represents a 100 percent reduction in the front yard setback, a 20 percent reduction in the
corner yard and rear yard setbacks, a 90 percent reduction in the side yard setback and a 90
percent reduction in minimum distance separation from the principal dwelling. The lot does not
have an irregular shape, an exceptional topographic condition or other extraordinary and
exceptional situation that would warrant the requested Variances. The applicant has constructed
structures that fail to comply with code. In short, the required Variances reinforce that there are
too many animals on the property.
Notice of this request was sent to the Las Vegs Valley Water District, who returned the comment
below.
This parcel has an existing domestic well. Just as an FYI -- you will want to make the customer
provide proof from State of Nevada Division of Water Resources that this proposed commercial
use is permitted with this domestic well. LVVWD does not govern the well, but the customer
needs to get approval from Division of Water Resources.
MR
Surrounding the site to the south east and west are properties that have livestock, horse areas,
corrals and/or barns for personal use. Additionally there are large residential properties to the
north. The existing neighborhood is rural in nature with horses and livestock commonly found
throughout the area. However, the number of variances that accompany this application illustrate
the site is too small to accommodate the number of animals requested. The subject site is
physically unsuitable for proposed intensity of land use and recommends denial of all
applications; however, if approved it will be subject to conditions.
FINDINGS (VAR-61046)
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.
MR
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 surrounding residential community is rural in nature with horses and cows commonly
found throughout the area. The proposed Animal Keeping and Husbandry use is consistent
with the neighborhood; however, the number of setback variance required for the facilities
that house or store material for the animals on site reinforce the unsuitability of the
intensity of this use at this location. The use cannot be conducted in a manner that is
harmonious with the surrounding land uses.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The 1.29-acre subject site is an R-E (Residence Estates) zoned property and is suitable for
the proposed use; however, it is not suitable for the intensity of the proposed use as
illustrated by the number of setback variance required to proceed with this application.
3.
Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
The subject site has direct access to Helen Avenue, a 60-foot wide Minor Collector Street
that provides adequate capacity to accommodate the use.
4.
Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
Approval of this Special Use Permit will not compromise the public health safety and
general welfare of the public. The use will be subject to regular inspections and is subject
to licensing restrictions.
5.
The use meets all of the applicable conditions per Title 19.12.
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. A number of setback variance for Accessory
Structure Class II accompanies this application.
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 Horse Corral or Stable (Commercial) Use for providing instructional or
recreational actives for person other than the occupant of the premises is appropriate for
this area. The properties to the east, south and west have large horse-related structures and
facilities; however, the number of setback variances required for animal related structures
on site is over utilized and cannot be conducted in harmonious with the surrounding area.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The subject site is physically suitable for the type use; however, the site is over utilized as
illustrated by the number of variance that accompany this application.
3.
Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
The subject site has direct access to Helen Avenue, a 60-foot wide Minor Collector Street
that provides adequate capacity to accommodate the use.
4.
Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
Approval of this Special Use Permit will not compromise the public health safety and
general welfare of the public. The use will be subject to regular inspections and is subject
to licensing restrictions.
5.
The use meets all of the applicable conditions per Title 19.12.
The proposed Horse Corral or Stable (Commercial) use for providing instructional or
recreational actives for person other than the occupant of the premises adheres to all Title
19 requirements for the use; however, the number of Variances required for the care of the
animals illustrates the intensity of the use is inappropriate for the site.
NOTICES MAILED
30
126 - VAR-61046
126 - SUP-61047 and SUP-61183
MR
APPROVALS
0 - VAR-61046
0 - SUP-61047 and SUP-61183
PROTESTS
0 - VAR-61046
0 - SUP-61047 and SUP-61183
MR
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Discussion
SUBJECT:
SUP-61047 - SPECIAL USE PERMIT RELATED TO VAR-61046 - PUBLIC HEARING APPLICANT/OWNER: KIM J LECLAIR - For possible action on a request for a Special Use
Permit FOR AN EXISTING ANIMAL KEEPING & HUSBANDRY USE TO ALLOW 22
HORSES, ONE ALPACA AND 10 GOATS WHERE A MAXIMUM OF SEVEN HORSES
AND SEVEN GOATS ARE ALLOWED at 5525 West Rome Boulevard (APN 125-24-403001), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-59862]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
SUP-61047
Discussion
SUBJECT:
SUP-61183 - SPECIAL USE PERMIT RELATED TO VAR-61046 AND SUP-61047 - PUBLIC
HEARING - APPLICANT/OWNER: KIM J LECLAIR - For possible action on a request for a
Special Use Permit FOR A PROPOSED HORSE CORRAL OR STABLE (COMMERCIAL)
USE TO PROVIDE INSTRUCTIONAL OR RECREATIONAL ACTIVITIES FOR OTHER
THAN OCCUPANTS OF THE PREMISES at 5525 West Rome Boulevard (APN 125-24-403001), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-59862]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
SUP-61183
Discussion
SUBJECT:
VAR-61644 - VARIANCE - PUBLIC HEARING - APPLICANT: VERIZON WIRELESS OWNER: ALTA DECATUR SHOPPING CENTER, LLC - For possible action on a request for
a Variance TO ALLOW A RESIDENTIAL ADJACENCY SETBACK OF 172 FEET WHERE
A MINIMUM OF 240 FEET IS REQUIRED on 1.42 acres located on the northeast corner of
Alta Drive and Decatur Boulevard (APN 139-31-221-005), C-2 (General Commercial) Zone,
Ward 1 (Tarkanian) [PRJ-61587]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-61644 and SUP-61648 [PRJ-61587]
2. Conditions and Staff Report - VAR-61644 and SUP-61648 [PRJ-61587]
3. Supporting Documentation - VAR-61644 and SUP-61648 [PRJ-61587]
4. Photo(s) - VAR-61644 and SUP-61648 [PRJ-61587]
5. Justification Letter
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-61644
SUP-61648
RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:
REQUIRED FOR
APPROVAL
VAR-61644
** CONDITIONS **
VAR-61644 CONDITIONS
Planning
1.
Approval of and conformance to the Conditions of Approval for Special Use Permit (SUP61648) 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.
JB
SUP-61648 CONDITIONS
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Wireless
Communication Facility, Stealth Design (Concealment Panels) use.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
The communications concealment panels and its associated equipment and facility shall be
properly maintained and kept free of graffiti at all times. Failure to perform the required
maintenance may result in fines and/or removal of the communications concealment panels
and its associated equipment and facility.
4.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
5.
The concealment panels attached to this structure shall not be utilized as a sign to display
any color, form, graphic, illumination, symbol or writing to advertise, announce the
purpose of, or identify the purpose of a person or entity, or to communicate information of
any kind to the public.
6.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit, as well as submitted as part of any business license application.
7.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
JB
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit to establish a proposed 80-foot tall Wireless
Communication Facility, Stealth Design (Concealment Screen) within an existing Shopping
Center located on the northeast corner of Alta Drive and Decatur Boulevard. According to the
Unified Development Code Title 19, a new Wireless Communication Facility, Stealth Design
(Concealment Screen) is a conditional land use within the C-1 (Limited Commercial) zoning
district. However, the Department of Planning determined that this application could not be
approved administratively because the proposed development does not comply with residential
adjacency requirements. The applicant has requested a Variance to allow a residential adjacency
setback of 172 feet where a minimum of 240 feet is required as a result of the siting of the tower.
The subject site is located on a 1.42 acre portion of a 4.81 acre commercial subdivision, which is
currently developed as a Shopping Center. The applicant has proposed to install the proposed
Wireless Communication Facility within the interior of the subject site and will utilize three
parking spaces. No unique or extraordinary evidence has been presented to warrant the requested
Variance. As such, the hardship is self-imposed and; therefore, staff recommends denial of this
request.
ISSUES
A Variance is required to allow a residential adjacency setback of 172 feet where a minimum
of 240 feet is required from residential property located to the east.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Planning Commission approved a request for a Review of Condition [Z0080-65(2)] of a previously approved Site Development Plan Review [Z0080-65(1)] to delete conditions #5 and #8 and to condition #7 shall be
amended to read as follows: Construct the full width access drive on Decatur
06/10/99
Boulevard in accordance with Standard Drawing #222a concurrent with
development of this site as required by the Department of Public Works.
Provide proof of a Joint Access and Parking Agreement allowing intra-site
circulation between this site and the adjoining parcels prior to approval of
construction drawings. Staff recommended approval.
JB
JB
Pre-Application Meeting
A pre-application meeting was conducted with the applicant to go over the
application materials and submittal requirements for a Special Use Permit and
10/08/15
Variance for a proposed Wireless Communication Facility, Stealth Design
use.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one conducted.
Field Check
10/29/15
A routine field check was conducted by staff and found a well maintained
commercial development.
Surrounding
Property
Subject Property
Planned or Special
Land Use Designation
Shopping Center
C-2 (General
Commercial)
JB
Surrounding
Property
North
South
East
West
Planned or Special
Land Use Designation
General Retail
Single Family,
Detached
Single Family,
Detached
L (Low Density
Residential)
L (Low Density
Residential)
Undeveloped
Compliance
N/A
Compliance
Y
Compliance
N/A
Y
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to Title 19.08.040 for compliance, the following standards apply:
Residential Adjacency Standards
Required/Allowed Provided
Compliance
3:1 proximity slope
240 Feet
172 Feet
N*
*The applicant has requested a Variance (VAR-61644) to allow a residential adjacency setback
of 172 feet where a minimum of 240 feet is required.
Street Name
Functional
Classification of
Street(s)
Decatur Boulevard
Primary Arterial
Alta Drive
Major Collector
Mayflower Lane
Local Street
Governing Document
Master Plan of Streets
and Highways
Master Plan of Streets
and Highways
Master Plan of Streets
and Highways
Actual
Street Width
(Feet)
Compliance
with Street
Section
126 Feet
80 Feet
50 Feet
JB
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
Shopping
34,427 SF
1:250 SF
138
Center
1:50
Mini-Storage
Units, plus
504 Units
16
Facility
five
spaces
154
189
Y
TOTAL SPACES REQUIRED
148
6
177
12
Y
Regular and Handicap Spaces Required
ANALYSIS
The applicant is proposing to construct a new 80-foot tall Wireless Communication Facility,
Stealth Design (Concealment Screen) on property located on the northeast corner of Alta Drive
and Decatur Boulevard. The subject site is located within the C-1 (Limited Commercial) zoning
district. According to the Unified Development Code Title 19, a new Wireless Communication
Facility, Stealth Design is a conditional land use. However, the Department of Planning
determined that this application could not be approved administratively because the proposed
development does not comply with residential adjacency requirements. The applicant has
requested a Variance to allow a residential adjacency setback of 172 feet where a minimum of
240 feet is required as a result of the siting of the tower.
According to the applicants justification letter, the new 80-foot tall Wireless Communication
Facility, Stealth Design (Concealment Screen) is necessary to enhance the cellular and internet
coverage in the community.
A Wireless Communication Facility, Stealth Design is described in Title 19.12 as A wireless
communication facility that is designed to blend into the surrounding environment. Examples
include without limitation: antenna tower alternative structures; roof mounted antennas (with
architectural screening when appropriate); building mounted antennas painted to match the
existing structure; antennas integrated into architectural elements (such as steeples or cupolas);
antennas and antenna structures designed to look like light poles, flagpoles, or any other
camouflaging techniques available on the market; and a cable microcell network which utilizes
multiple low powered transmitters/receivers or repeaters attached to existing wireline systems,
such as conventional cable or telephone wires, or similar technology that does not require the use
of towers.
JB
The proposed development is designed to blend into the surrounding area through the
utilization of concealment panels.
4. Within an area designated as a Historic Preservation District, the proposed facility must
first be reviewed by the Historic Preservation Commission before the Director considers
granting approval as a conditional use.
The subject site is not located within a Historic Preservation District.
5. The design and location of the proposed facility must be deemed by the Director to be
compatible with surrounding uses, and the facility must include appropriate screening
and landscaping to ensure such compatibility.
The Department of Planning determined that this application could not be approved
administratively because the proposed development does not comply with residential
adjacency requirements. The applicant has requested a Variance to allow a residential
adjacency setback of 172 feet where a minimum of 240 feet is required as a result of the
siting of the tower.
6. The frequencies used by the communication provider shall be in conformance with
Federal Communication Commission standards, as certified by a competent professional
(such as a radio frequency engineer).
The proposed development will comply with all Federal Communication Commission
standards.
The subject site is a 1.42 portion of a 4.81 acre commercial subdivision, which is currently
developed with a Shopping Center land use. The subject site is currently developed as a
Shopping Center and Mini-Storage facility.
According to the submitted site plan, the proposed Wireless Communication Facility, Stealth
Design (Concealment Screen) development will be developed in three parking spaces located on
the interior of the subject site; leaving 189 parking spaces including 12 handicapped spaces
which exceed the minimum parking requirements outlined in Title 19.12.
The applicant has also requested a Variance to allow a residential adjacency setback of 172 feet
where a minimum of 240 feet is required. It has been determined that the proposed Wireless
Communication Facility use cannot be conducted in a manner that is compatible and harmonious
manner with the surrounding land uses, no unique or extraordinary evidence has been presented
to warrant the requested Variance. As such, the hardship is self-imposed and; therefore, staff
recommends denial of this request.
JB
FINDINGS (VAR-61644)
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.
FINDINGS (SUP-61648)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
1.
The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
JB
The proposed use requires a Variance to allow a residential adjacency setback of 172 feet
where a minimum of 240 feet is required. This reinforces the unsuitability of the proposed
design and location of the Wireless Communication Facility within the interior of the
subject site.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The subject site is located within an existing commercial development that is physically
suitable for the intensity of the proposed land use.
3.
Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
Access to the site will not change. Vehicles may enter the property from Decatur
Boulevard a 126-foot Primary Arterial, Alta Drive a 80-foot Major Collector and
Mayflower Lane a 50-foot Local Street as classified by the Master Plan of Streets and
Highways.
4.
Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
Approval of this Special Use Permit will not compromise the public health safety and
general welfare of the public. The use will be subject to regular inspections and is subject
to licensing restrictions.
5.
The use meets all of the applicable conditions per Title 19.12.
With the exception of the associated Variance to allow a residential adjacency setback of
172 feet where a minimum of 240 feet is required; the project meets the conditions of the
Title 19.12 Development Standards.
NOTICES MAILED
282
APPROVALS
PROTESTS
25
JB
VAR-61644
VAR-61644
VAR-61644 [PRJ-61587] - VARIANCE RELATED TO SUP-61648 - APPLICANT: VERIZON WIRELESS OWNER: ALTA DECATUR SHOPPING CENTER, LLC
NORTHEAST CORNER OF ALTA DRIVE AND DECATUR BOULEVARD
10/29/15
VAR-61644 [PRJ-61587] - VARIANCE RELATED TO SUP-61648 - APPLICANT: VERIZON WIRELESS OWNER: ALTA DECATUR SHOPPING CENTER, LLC
NORTHEAST CORNER OF ALTA DRIVE AND DECATUR BOULEVARD
10/29/15
VAR-61644
VAR-61644
VAR-61644
Discussion
SUBJECT:
SUP-61648 - SPECIAL USE PERMIT RELATED TO VAR-61644 - PUBLIC HEARING APPLICANT: VERIZON WIRELESS - OWNER: ALTA DECATUR SHOPPING CENTER,
LLC - For possible action on a request for a Special Use Permit TO INSTALL A NEW 80FOOT TALL WIRELESS COMMUNICATION FACILITY, STEALTH DESIGN
(CONCEALMENT SCREEN) USE located on the northeast corner of Alta Drive and Decatur
Boulevard (APN 139-31-221-005), C-2 (General Commercial) Zone, Ward 1 (Tarkanian) [PRJ61587]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Special Map
3. Supporting Documentation
4. Justification Letter
SUP-61648
SUP-61648
SUP-61648
Discussion
SUBJECT:
VAR-61777 - VARIANCE - PUBLIC HEARING - APPLICANT: LV LAND COMPANY, LLC
- OWNER: LV LAND COMPANY, LLC, ET AL - For possible action on a request for a
Variance TO ALLOW AN ALLEY TO TERMINATE IN A DEAD END DESIGN WHERE A
CUL-DE-SAC OR PERPETUAL VEHICULAR ACCESS THROUGH THE SITE IS
REQUIRED on 0.88 acres on the south side of Clark Avenue, 140 feet west of Las Vegas
Boulevard (APNs 139-34-303-002, 139-34-311-151 and 153), C-2 (General Commercial) Zone,
Ward 3 (Coffin) [PRJ-60669]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - VAR-61777 and VAC-61552 [PRJ-60669]
3. Supporting Documentation - VAR-61777 and VAC-61552 [PRJ-60669]
4. Photo(s) - VAR-61777 and VAC-61552 [PRJ-60669]
5. Justification Letter - VAR-61777 and VAC-61552 [PRJ-60669]
6. Court Order Appointing Receiver - VAR-61777 and VAC-61552 [PRJ-60669]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
RECOMMENDATION
VAR-61777
VAC-61552
REQUIRED FOR
APPROVAL
VAR-61777
** CONDITIONS **
VAR-61777 CONDITIONS
Planning
1.
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.
MR
VAC-61552 CONDITIONS
Planning
1.
The limits of this Petition of Vacation shall be the entire width of the alley from Clark
Avenue to approximately 175 feet south of Clark Avenue located between Fourth Street
and Las Vegas Boulevard.
2.
Provide a plan showing how the right-of-way proposed to be vacated will be incorporated
into the abutting properties, including those properties not controlled by the applicant, so
that an un-maintained no-mans land area is not produced by this action. The required
plan shall identify exactly who is responsible to reclaim each portion of right-of-way and
exactly how the right-of-way will be reclaimed, and shall provide a schedule of when such
reclamation will occur. Additionally, the plan shall detail traffic operations for public
traffic that needs to be rerouted through or around the vacated portion of the alley. Such
plan shall be approved by the City Traffic Engineer prior to the recordation of the Order of
Vacation or the submittal of any construction drawings adjacent to or overlying the area
requested for vacation, whichever may occur first.
3.
This Petition of Vacation shall be modified to reserve a public sewer easement over the
entire width of the alley. No structures of any kind or any landscaping over 3-feet tall shall
be allowed within the proposed sewer easement.
Alternatively, submit a sewer
abandonment and relocation plan acceptable to the Sanitary Sewer Planning Section of the
Department of Public Works. Retain a Public Sewer Easement in alley until the sewer
abandonment and relocation has been completed.
4.
5.
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.
MR
6.
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.
7.
All development shall be in conformance with code requirements and design standards of
all City Departments, except amended herein.
8.
If the Order of Vacation is not recorded within one (1) year after approval by the City of
Las Vegas or an Extension of Time is not granted by the Planning Director, then approval
will terminate and a new petition must be submitted.
MR
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is petitioning the City to relinquish its interest in a portion of a public alley that
would otherwise run adjacent to an approved state courthouse. According to the applicant,
vacation of the portion of the alley adjacent to APNs 139-34-303-002, 139-34-311-151 and 13934-311-153 will allow the applicant to restrict public access behind the courthouse, thereby
keeping the area safer. An accompanying Variance (VAR-6177) is required to allow a vacated
alley to terminate in a dead end design. The requested variance reinforces the unsuitability of the
requested Vacation and therefore staff recommends denial of both applications.
ISSUES
The area of the proposed Vacation request is to provide additional safety for the proposed
26,600 square-foot Federal Courthouse approved by Site Development Plan Review (SDR59956).
A Variance from Title 19.04.100 is required to allow a public right-of-way to terminate in a
dead end where a cul-de-sac or perpetual vehicular access through the site is required.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Board of City Commissioners approved a Rezoning (Z-0100-64) to C-2
12/16/64
(General Commercial) on this site as part of a larger request. The Planning
Commission and staff recommended approval.
The City Council approved a Site Development Plan Review [Z-010064(169)] for a proposed 97,235 square-foot office and retail building at the
11/03/99
southwest corner of Clark Avenue and 4th Street. The Planning Commission
recommended approval.
The Planning Commission approved a Reversionary Final Map (RM-001099) to revert seven lots (Lots 1-7, Block 39 of Book 1, Page 37 of Plats) to
11/04/99
acreage on 0.56 acres at the southeast corner of Clark Avenue and 4th Street.
The map was recorded 05/05/00 in Book 94, Page 44 of Plats.
The City Council approved a Site Development Plan Review Z-0100-64(180)
for a proposed 72,178 square foot four-story retail/office building, and
waivers of the Downtown Centennial Plan landscape requirement and the off05/01/02
street parking requirements on 0.56 acres adjacent to the southeast corner of
Fourth Street and Clark Avenue. The Planning Commission recommended
approval. Staff recommended approval. The approval expired 05/01/04.
MR
Pre-Application Meeting
A pre-application conference was held with the applicant to discuss the
vacation of the alley south of Clark Avenue. The need for provide perpetual
08/11/15
vehicular access through the site, provide a cul-de-sac or obtain a Variance to
allow a right-of-.way to terminate in a dead end design.
A meeting was held with the applicant to discuss the need for a Variance from
11/02/15
19.04 is required to allow a right-of-way (alley) to terminate in a dead or
provide unrestricted perpetual vehicular access through the subject site.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
10/29/15
A field check was conducted of the property that revealed that the subject
property is an existing alley adjacent to properties that are under construction.
MR
Surrounding
Property
Subject Property
North
South
Planned or Special
Land Use Designation
MXU (Mixed Use)
C (Commercial)
PF (Public Facilities)
C (Commercial)
East
Government Facility
C (Commercial)
West
C (Commercial)
Compliance
Y
Compliance
Y
Y
N/A
Compliance
N/A
Y
N/A
N/A
ANALYSIS
This request is to vacate approximately a 175-foot long portion of the public alley that abuts
Clark Avenue and runs south and parallel to Las Vegas Boulevard. A Variance accompanies the
application, because the entire alleyway is not being vacated, or a public outlet to a public street
or a cul-de-sac that meets code is not provided. The applicants reason for the vacation is to
provide additional security for the future Federal Courthouse.
MR
The Uniform Development Code, Section 19.04.100 states that: For public streets which
terminate other than at an intersection with another public street, and private streets that
terminate other than at an intersection with another private or public street, the termination shall
be provided by means of a circular cul-de-sac that shall be designed and installed in accordance
with City standards.
Staff has met and been in contact with the applicant and explained that traffic heading north in
the alley needs to either have a place to turn around (cul-de-sac) or a dedicated minimum 20-foot
wide public outlet to a public street. The I.C.E. (Immigration and Customs Enforcement)
building on the southeast corner of Las Vegas Boulevard and Clark Avenue is an example of
utilizing a 20-foot wide outlet to a public street. Failure to comply with this requirement will
result in a dead end public right-of- way that doesnt have a legal turnaround or an outlet to a
public street. Vehicles entering the alley will have no legal way of turning around and may be
forced to back up in the alley for approximately 250 feet.
It is noted that the applicant owns the properties to the east of the proposed vacation and staff has
a signed, notarized letter from owner of the parcels to the south (APN #139-34-311-158 and 159) stating they have no objection to the requested vacation and are aware of the affected
change in access.
In regard to recent vacation requests of alley vacations or partial alley vacations, the entire alley
was vacated or a public right was granted either by easement or dedication as an outlet to a
public street. If this Variance is approved, it will be one of a few alley vacations of its kind in
the City of Las Vegas and not be consistent with recent approvals of alley vacations.
The following information concerning this request to vacate certain public street ROW:
A. Does this vacation request result in uniform or non-uniform right-of-way widths?
N/A as the width of the alley isnt being reduced, only the length.
B. From a traffic handling viewpoint will this vacation request result in a reduced
traffic handling capability? No, since it is an alley that is currently not being used
very much, since the adjacent buildings are mostly vacant.
C. Does it appear that the vacation request involves only excess right-of-way? No, it is
to vacate an alley adjacent to a proposed courthouse for security purposes.
D. Does this vacation request coincide with development plans of the adjacent parcels?
Yes, the adjacent Nevada Supreme Court building, SDR-59556.
E. Does this vacation request eliminate public street access to any abutting parcel? No,
since all parcels are accessible from public streets.
F. Does this vacation request result in a conflict with any existing City requirements?
Yes, the proposed vacation terminates the alley without the benefit of a cul-de-sac or a
dedicated outlet to a public street.
MR
G. Does the Department of Public Works have an objection to this vacation request?
Yes, since the proposed vacation does not have a proposed dedicated cul-de-sac or
outlet.
FINDINGS (VAC-61552)
The proposed Petition of Vacation (VAC-61552) does not meet the requirements of Title
19.04.100 and the applicant has not presented a bona-fide hardship for the required Variance.
This Petition of Vacation proposes to end in a non-typical manner and requires the approval of a
variance that is preferential in nature and therefore staff recommends denial of this request.
FINDINGS (VAR-61777)
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.
MR
NOTICES MAILED
173 - VAR-61777
4 - VAC-61552
APPROVALS
0 - VAR-61777
0 - VAC-61552
PROTESTS
0 - VAR-61777
0 - VAC-61552
36
MR
VAR-61777
VAR-61777
VAR-61777
VAR-61777
VAR-61777
VAR-61777
VAR-61777
VAR-61777
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VAR-61777 [PRJ-60669] - VARIANCE RELATED TO VAC-61552 - APPLICANT: LV LAND COMPANY, LLC OWNER: LV LAND COMPANY, LLC, ET AL
SOUTH SIDE OF CLARK AVENUE, WEST OF LAS VEGAS BOULEVARD
10/29/15
VAR-61777 [PRJ-60669] - VARIANCE RELATED TO VAC-61552 - APPLICANT: LV LAND COMPANY, LLC OWNER: LV LAND COMPANY, LLC, ET AL
SOUTH SIDE OF CLARK AVENUE, WEST OF LAS VEGAS BOULEVARD
10/29/15
VAR-61777 [PRJ-60669] - VARIANCE RELATED TO VAC-61552 - APPLICANT: LV LAND COMPANY, LLC OWNER: LV LAND COMPANY, LLC, ET AL
SOUTH SIDE OF CLARK AVENUE, WEST OF LAS VEGAS BOULEVARD
10/29/15
VAC-61552
VAC-61552
VAC-61552
VAC-61552
VAC-61552
VAC-61552
VAC-61552
VAC-61552
VAC-61552
VAC-61552
VAC-61552
VAC-61552
VAC-61552
VAC-61552
VAC-61552
VAC-61552
VAC-61552
VAC-61552
VAC-61552
VAC-61552
VAC-61552
VAC-61552
Discussion
SUBJECT:
VAC-61552 - VACATION RELATED TO VAR-61777 - PUBLIC HEARING - APPLICANT:
LV LAND COMPANY, LLC - OWNER: LV LAND COMPANY, LLC, ET AL - For possible
action on a request for a Petition to Vacate a portion of a 20-foot wide public alley east of 4th
Street, between Clark Avenue and Bonneville Avenue, Ward 3 (Coffin) [PRJ-60669]. Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
4. Justification Letter
5. Court Order Appointing Receivier
VAC-61552
VAC-61552
VAC-61552
VAC-61552
VAC-61552
VAC-61552
VAC-61552
VAC-61552
Discussion
SUBJECT:
VAR-61859 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: DR HORTON INC.
- For possible action on a request for a Variance TO ALLOW NO OFFSITE IMPROVEMENTS
WHERE COMPLETE STREET STANDARDS REQUIRE A FIVE-FOOT WIDE SIDEWALK,
A FIVE-FOOT WIDE AMENITY ZONE AND OTHER AMENITIES FOR 60-FOOT WIDE
MINOR COLLECTOR STREETS on 10.0 acres on the west side of Eula Street north and south
of Azure Drive (APNs 125-30-101-008 and 125-30-201-002 ), R-E (Residence Estates) Zone,
Ward 6 (Ross) [PRJ-61793]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-61859, WVR-61857 and WVR-61858 [PRJ-61793]
2. Conditions and Staff Report - VAR-61859, WVR-61857 and WVR-61858 [PRJ-61793]
3. Supporting Documentation - VAR-61859, WVR-61857 and WVR-61858 [PRJ-61793]
4. Photo(s) - VAR-61859, WVR-61857 and WVR-61858 [PRJ-61793]
5. Justification Letter - VAR-61859, WVR-61857 and WVR-61858 [PRJ-61793]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-61859
WVR-61857
WVR-61858
RECOMMENDATION
REQUIRED FOR
APPROVAL
VAR-61859
VAR-61859
WVR-61858
** CONDITIONS **
VAR-61859 CONDITIONS
Planning
1.
Approval of and conformance to the Conditions of Approval for Waivers (WVR-61857 and
WVR-61858) 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.
MR
Public Works
6.
Enter into a Covenant Running with Land Agreement for the future installation of all halfstreet improvements per current City Standards for any improvements deferred through this
action. The Covenant agreement must be recorded with the County Recorder and a copy of
the recorded document must be provided to the prior to the issuance of permits.
7.
A Homeowners Association (HOA) must be created to maintain all unimproved rights-ofway and public easements within the limits of this site. Alternatively, each individual lot
owner must maintain the unimproved public right-of-way for the full frontage of the
associated lot and the each individual lot owner must maintain the public easements
associated with each lot.
8.
WVR-61857 CONDITIONS
Planning
1.
2.
This approval shall be void four years from the date of final approval, unless a building
permit has been issued for new construction. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
MR
Public Works
4.
The installation of streetlights shall be deferred provided that exterior street lighting shall
be stubbed out for later use, including all necessary underground improvements including
conduit and pull boxes at each future streetlight location, and the developer shall provide to
the City such streetlights for future installation. Alternatively, monies in lieu of such
deferred streetlights, including foundations, may be contributed to the City if allowed by
the Department of Public Works. The contributed amount shall be based on the Citys
current bond schedules for all streetlights and associated infrastructure deferred by this
action adjacent to this site.
WVR-61858 CONDITIONS
Planning
1.
2.
This approval shall be void four years from the date of final approval, unless a building
permit has been issued for new construction. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
MR
** STAFF REPORT **
PROJECT DESCRIPTION
The subject site consists of two parcels totaling 10.0 acres of land located on the west side of
Eula Street and north and south of Azure Drive. This application is for a Variance and two
Waivers for a 17-lot single family residential subdivision that was approved in Clark County,
and then annexed into the city. The requested Variance and Waivers are to not provide curb and
gutters, streetlights or sidewalks throughout the development, and to allow a private residential
street that does not meet Complete Streets standards. The requested Waivers and Variance are
inappropriate for this rural setting, prompting staff to recommend denial of all requests. If
denied, the current site cannot be developed as proposed; however, if approved subject to
conditions.
ISSUES
A Variance is required to deviate from Title 19.04 Complete Street Standards to allow no
sidewalk, amenity zone, or curb and gutters on a public street. Staff does not support this
request.
A Waiver is required to deviate from Title 19.02.240 to allow no street lights along all
existing and proposed streets. Staff does not support this request.
A Waiver is required to deviate from Title 19.04 Complete Street Standards to allow no
sidewalks, amenity zones, or curb and gutters on a private residential street where such is
required. Staff does not support this request.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The Clark County Board of County Commissioners approved requests for
Variance (VS-0051-15), Development Review (DR-0050-15) and Tentative
05/06/15
Map (TM-0014-15) for a 17-lot single family residential subdivision with 32foot wide urban street improvements along Regena Avenue, Azure Drive and
Bright Angle Way.
The City Council approved Annexation (ANX-59773) request of 5.0 on the
09/2/15
south side of Regena Avenue, 300 feet east of Haulapai Way with an effective
date of 9/11/15.
The City Council approved Annexation (ANX-59825) request of 5.0 on the
10/21/15
north side of Bright Angel Way, 300 feet east of Haulapai Way with an
effective date of 10/30/15.
MR
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
10/29/15
A field check was to the subject property, which revealed two vacant
undeveloped lots.
Planned or Special
Land Use Designation
RNP (Rural
Neighborhood
Preservation)
MR
Surrounding
Property
North
South
East
Single-Family
Detached
Undeveloped
West
Single-Family
Detached
Undeveloped
Planned or Special
Land Use Designation
RNP (Rural
Neighborhood
Preservation)
RNP (Rural
Neighborhood
Preservation) - Clark
County
RNP (Rural
Neighborhood
Preservation) - Clark
County
RNP (Rural
Neighborhood
Preservation) - Clark
County
Compliance
N/A
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Street Name
Functional
Classification of
Street(s)
Regena Avenue
Minor Collector
Azure Drive
Minor Collector
Eula Street
Minor Collector
Governing Document
Title 19.04 Complete
Streets
Title 19.04 Complete
Streets
Title 19.04 Complete
Streets
Actual
Street Width
(Feet)
Compliance
with Street
Section
60
60
28
MR
Street Name
Functional
Classification of
Street(s)
Minor Collector
Residential Street
Waivers
Requirement
To provide a five-foot wide
detached sidewalk on both sides of
the street with a five-foot wide
amenity zone, curb and gutters for
60-foot wide streets.
To provide a five-foot wide
detached sidewalk on both sides of
the street with a three-foot wide
amenity zone, and curb and gutters
for a private residential street
Provide appropriate levels of
lighting to create adequate
visibility and safety at night.
Governing Document
Title 19.04 Complete
Streets
Title 19.04 Complete
Streets
Actual
Street Width
(Feet)
Compliance
with Street
Section
29
37
Request
Staff Recommendation
Denial
Denial
Denial
ANALYSIS
The applicant is requesting not to provide curb and a gutters, streetlights, sidewalks, or amenity
zones consistent with the design requirements for Title 19.02 (Subdivision Design, Construction
and Improvement Requirements), and Title 19.04 (Complete Street Standards). The applicant is
requesting two Waivers and one Variance from these sections of the development code. The
10.0-acre site is located west side of Eula Street north and south of Azure Drive. This 17-lot
single-family residential development received land use entitlements for a Tentative Map in
Clark County prior to annexation into the city under the R-E (Residence Estates) zoning district.
The subdivision has one private residential street (Pebble Glen Court) and is adjacent to four
public streets (Regena Avenue, Azure Drive, Eula Street, and Bright Angle Way).
Title 19.04 (Completes Streets standards) requires curbs and gutters, sidewalks, and amenity
zones along public and private streets. The applicant has requested not to provide curb and
gutters, sidewalks and amenity zones to match the existing neighborhood and provide a
continuous and cohesive look. The applicant further states that by not providing street
MR
improvements the drainage issues in the area will not be exacerbated. The existing adjacent street
conditions range from no improvements to an asphalt road of varying width with no curb and
gutters, streetlights, sidewalks or amenity zones.
The provided plans illustrate the private street (Pebble Glen Court) without street improvement
of a five-foot sidewalk or a three-foot amenity zone as required by Title 19.04.210. Additionally,
provided plans illustrate the public streets (Regena Avenue, Azure Drive, Eula Street, and Bright
Angle Way) do not provide street improvements of a five-foot sidewalk, five-foot amenity zone
or curb and gutters as required by Title 19.04.200. Failure to provide street improvements along
a private gated street requires a Waiver and along public streets requires a Variance. Staff does
not support either request, as sidewalks, amenity zones, and curb and gutters could be provided
that conforms to code.
Title 19.02 requires street lights to provide appropriate levels of lighting to create adequate
visibility and safety at night. Failure to provide street lights at time of construction requires a
Waiver. There are no street lights in the area surrounding the subject site; however, not providing
proper street lighting or reducing night visibility and does not conform to the policies detailed in
the Crime Prevention Through Environmental Design (CPTED) section of the Community
Design Element of the Las Vegas 2020 Master Plan. Staff does not support the requested
Waiver.
Public Works notes that a Technical Drainage Study for this project is currently under review.
For the above reasons staff recommends denial of all three applications; however, if approved
subject to conditions.
FINDINGS (VAR-61859)
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.
MR
as to relieve the difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected natural resources
and without substantially impairing the intent and purpose of any ordinance or
resolution.
No evidence of a unique or extraordinary circumstance has been presented, in that the applicant
has created a self-imposed hardship by not providing curb and gutters, sidewalks, and amenity
zones along public streets in conformance with 19.04 standards. Alternatively street
improvements and landscaping could be provided in conformance to the Title 19 requirements.
In view of the absence of any hardships imposed by the sites physical characteristics, it is
concluded that the applicants hardship is preferential in nature, and it is thereby outside the
realm of NRS Chapter 278 for granting of Variances
FINDINGS (WVR-61857)
Not providing street lights along public and private streets is a community safety hazard. Staff
recommends denial of this Waiver, as low night visibility could be public safety hazard;
however, if approved subject to conditions.
FINDINGS (WVR-61858)
Failure to provide street improvement and a safe pedestrian path (a sidewalk) goes against basic
sustainable community design and therefore staff recommends denial of this request; however, if
approved subject to conditions.
17
NOTICES MAILED
APPROVALS
PROTESTS
MR
VAR-61859
VAR-61859
MODEL 3615
MODEL 3035
MODEL 3450
MODEL 3615
MODEL 3035
MODEL 3450
MODEL 4075
MODEL 4560
MODEL 5100
MODEL 5100
SITE PLAN
MODEL 3845
MODEL 4560
MODEL 4075
PRIVATE STREET
MODEL 3845
PUBLIC STREET
Trit n
77
7 !7
b 7 7
7 7 7b 7 !
7 7 7
77 77 77 77 7
7 7A 7 7 7 A 7 77 7
7 7
7 77 7 7 7b 777777777 77 7
7b 7 7 7 777 7 7
7777L777
Discussion
SUBJECT:
WVR-61857 - WAIVER RELATED TO VAR-61859 - PUBLIC HEARING APPLICANT/OWNER: DR HORTON INC. - For possible action on a request for a Waiver TO
ALLOW NO STREETLIGHTS WHERE SUCH ARE REQUIRED on 10.0 acres on the west
side of Eula Street north and south of Azure Drive (APNs 125-30-101-008 and 125-30-201-002),
R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-61793]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
WVR-61857
WVR-61857
Discussion
SUBJECT:
WVR-61858 - WAIVER RELATED TO VAR-61859 AND WVR-61857 - PUBLIC HEARING
- APPLICANT/OWNER: DR HORTON INC. - For possible action on a request for a Waiver TO
ALLOW A GATED 37-FOOT WIDE PRIVATE RESIDENTIAL STREET WITH NO
SIDEWALK OR AMENITY ZONE WHERE A GATED 47-FOOT WIDE RESIDENTIAL
STREET WITH A THREE-FOOT WIDE AMENITY ZONE AND SIDEWALK, AND OTHER
AMENITIES ARE REQUIRED on 5.0 acres on the southwest corner of Azure Drive and Eula
Street (APN 125-30-201-002), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-61793]. Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
WVR-61858
WVR-61858
Discussion
SUBJECT:
VAR-61860 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: AZURE
DEVELOPMENT, LLC - For possible action on a request for a Variance TO ALLOW A 44FOOT RESIDENTIAL ADJACENCY SETBACK WHERE 105 FEET IS THE MINIMUM
REQUIRED on 1.43 acres on the south side of Azure Drive, approximately 455 feet west of
Tenaya Way (APN 125-27-222-014), T-C (Town Center) Zone [GC-TC (General Commercial Town Center) Special Land Use Designation], Ward 6 (Ross) [PRJ-61836]. Staff recommends
DENIAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-61860 and SDR-61862 [PRJ-61836]
2. Conditions and Staff Report - VAR-61860 and SDR-61862 [PRJ-61836]
3. Supporting Documentation - VAR-61860 and SDR-61862 [PRJ-61836]
4. Photo(s) - VAR-61860 and SDR-61862 [PRJ-61836]
5. Justification Letter - VAR-61860 and SDR-61862 [PRJ-61836]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
RECOMMENDATION
VAR-61860
SDR-61862
REQUIRED FOR
APPROVAL
VAR-61860
** CONDITIONS **
VAR-61860 CONDITIONS
Planning
1.
Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-61862) shall be required, if approved.
2.
Conformance to the approved conditions for Rezoning (Z-0076-98) and Site Development
Plan Review [Z-0076-98(20)].
3.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
4.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
SS
6.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
SDR-61862 CONDITIONS
Planning
1.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
All development shall be in conformance with the site plan and landscape plan, date
stamped 10/26/15 and building elevations, date stamped 10/28/15, except as amended by
conditions herein.
4.
A Waiver from Town Center Development Standards Manual Sections C.1.A and C.1.D is
hereby approved, to allow no visually interesting patterns and materials at ground level of
the building where such is required and to allow no articulated roofline or cornice where
required.
5.
A Waiver from Town Center Development Standards Manual Section C.2.B is hereby
approved, to allow seven parking lot landscape planter islands where eight islands are
required.
6.
Trash enclosures shall be gated and roofed per Title 19.08 standards.
7.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
8.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
SS
9.
10.
All City Code requirements and design standards of all City Departments must be satisfied,
except as modified herein.
Public Works
11.
Grant a Multi-Use Non-Equestrian Trail Easement for all portions of the existing multi-use
non equestrian trail adjacent to this site that are located outside of the Tenaya Way public
right of way in accordance with Master Trails Plan concurrent with development of this
site.
12.
If not already constructed at the time of development, construct the driveway on Azure
Drive to the east of this site for access. Additionally, construct a minimum 20-foot wide
paved, access from this site to the driveway on the property located west of this site (APN
#125-27-222-012) concurrent with development.
13.
In accordance with code requirements of Title 13.56, remove all substandard offsite
improvements, if any, and replace with new improvements meeting Current City Standards
concurrent with development of this site. All existing paving damaged or removed by this
development shall be restored at its original location and to its original width concurrent
with development of this site.
14.
All private improvements and landscaping installed with this project shall be situated and
maintained so as to not create sight visibility obstructions for vehicular traffic at all
development access drives and abutting street intersections.
SS
15.
A Drainage Plan and Technical Drainage Study must be submitted to and approved by the
Department of Public Works prior to the issuance of any building or grading permits or
submittal of any construction drawings, whichever may occur first. Provide and improve
all drainageways recommended in the approved drainage plan/study. The developer of this
site shall be responsible to construct such neighborhood or local drainage facility
improvements as are recommended by the City of Las Vegas Neighborhood Drainage
Studies and approved Drainage Plan/Study concurrent with development of this site.
16.
Site development to comply with all applicable conditions of approval for TM-0014-01 and
all other applicable site-related actions.
SS
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting approval for the construction of a two-story, 31,050 square-foot
facility that will house two regulation game courts for basketball, volleyball and other indoor
activities, as well as an exercise room, yoga room and caf. The site is located on 1.43 acres of
vacant property that is part of a larger commercial subdivision south of Azure Drive. The
eastern 30 feet of the site was approved as part of a Liquor Establishment (Tavern); that
entitlement is still active. Parking and parking lot landscaping is designed to match that of the
prior approval for continuity. However, this arrangement will necessitate a waiver of Town
Center Development Standards that require landscaped islands after every six parking spaces.
Staff supports this portion of the request if approved. Similar to other buildings on this corridor,
the main entrance is in the rear. The building has included bright, primary color variations on all
sides and windows on the north and south sides at the second story. However, the building is
monolithic in design; it does not incorporate popouts or other articulation, is windowless on the
east and west sides and does not contain visually interesting patterns or materials at street level.
Staff does not support the requested waiver of this standard. The two-story building is L
shaped along its rear side, which affects the residential adjacency proximity slope from the
abutting residential development to the south. Approval of a Variance would therefore be
required to obtain relief from this standard.
As the building could be redesigned to meet residential adjacency standards, staff recommends
denial of the variance. The building design does not meet Town Center standards and is not
compatible with other structures along the south side of Azure Drive. Staff therefore also
recommends denial of the associated Site Development Plan Review, with conditions if
approved.
ISSUES
A Variance is required to allow a residential adjacency setback of 44 feet where 105 feet is
required for the proposed building.
A Waiver of Town Center Development Standards is required to allow seven parking lot
landscape finger islands where a total of eight islands are required. Staff supports this
waiver.
A Waiver of Town Center Development Standards is required to allow no variation in
materials in the ground level building facades where changes in material, color and/or relief
are required and to allow no articulated roofline or cornice where such is required.
A condition of approval addresses deficiencies in the provision of landscaping along Azure
Drive and in parking lot landscape planters.
SS
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a Rezoning (Z-0076-98) to T-C (Town Center) on
12/07/98
the subject property as part of a larger request.
The City Council approved requests for Special Use Permits (U-0006-01,
U-0007-01, U-0009-01, U-0010-01, U-0012-01, U-0013-01, U-0015-01,
U-0016-01, U-0019-01, U-0020-01, U-0022-01 and U-0023-01) for seven
Supper Clubs, one Restaurant with Drive-Through, two Restricted Gaming
locations, one Restaurant Service Bar and two requests for the sale of
Packaged Liquor, on the subject site. The Planning Commission and staff
04/04/01
recommended approval of the items on 02/22/01.
The City Council approved a request for a Site Development Plan Review [Z0076-98(20)] for the overall commercial development on this site. The
Planning Commission and staff recommended approval of the items on
02/22/01.
The City Council approved an Extension of Time (EOT-2152) of an approved
Site Development Plan Review [Z-0076-98(20)] for a proposed 138,000
square-foot commercial development on 14.16 acres located adjacent to the
northwest corner of the intersection of Tenaya Way and Azure Drive, and for
06/18/03
a proposed 110,000 square-foot commercial development on 16.66 acres
located adjacent to the south side of Azure Drive between Tenaya Way and
approximately 520 feet east of Rancho Drive/ US 95. The Planning
Commission and staff recommended approval on 05/22/03.
A Final Map (FMP-2063) for a four-lot commercial subdivision (Montecito
10/08/03
East) on 30.54 acres of the north and south sides of Azure Drive, west of
Tenaya Way was recorded.
The Planning Commission approved a request for Directors Business (DIR3572) for a Master Sign Plan for an approved retail center on 14.16 acres
01/08/04
adjacent to the northwest corner of Tenaya Way and Azure Drive, and on
16.66 acres on the south side of Azure Drive between Tenaya Way and
approximately 520 feet east of Rancho Drive/US 95.
The City Council approved a request for a Site Development Plan Review
(SDR-3648) and a Waiver of the perimeter and buffering landscaping
requirements for a 7,852 square-foot Auto Parts (New and Rebuilt)
03/17/04
(Accessory Sales and Service) store on a 0.92-acre portion of 7.24 acres
adjacent to the south side of Azure Drive, approximately 1,100 feet west of
Tenaya Way. The Planning Commission denied this item, and it was
appealed to City Council.
SS
SS
Pre-Application Meeting
A pre-application meeting was held with the applicant, where submittal
requirements for a Site Development Plan Review and a residential adjacency
10/08/15
waiver were discussed. It was also discussed how the site plan and building
as presented could be changed to avoid waivers and variances.
SS
Neighborhood Meeting
A neighborhood meeting is not required for this request. However, the
applicant held a voluntary neighborhood meeting at 5:30 p.m. at the Office
Squad, 7495 West Azure Drive, Las Vegas, to discuss the project. There was
one member of the development team, one member of the public and one
11/12/15
member of staff in attendance. There was a concern for how property owners
residing to the south of the subject property might be affected by the proposed
variance. However, the person in attendance was generally in support of the
project.
A second voluntary neighborhood meeting was held at 5:30 p.m. at the Office
Squad, 7495 West Azure Drive, Las Vegas, to discuss the project. There was
11/16/15
one member of the development team, two members of the public and one
member of Planning staff in attendance. The public was generally in support
of the project and had no concerns.
Field Check
10/29/15
The site is undeveloped except for an east-west oriented multi-use nonequestrian trail at the rear of the property. Azure Drive and associated
streetscape is fully improved adjacent to the site.
Surrounding
Property
Subject Property
North
South
Shopping Center
Single Family,
Detached
Planned or Special
Land Use Designation
GC-TC (General
Commercial Town
Center)
GC-TC (General
Commercial Town
Center)
ML (Medium Low
Density Residential)
R-PD7 (Residential
Planned Development 7
Units per Acre)
Clark County
Designation
SS
Surrounding
Property
East
Undeveloped
West
Undeveloped
Planned or Special
Land Use Designation
GC-TC (General
Commercial Town
Center)
GC-TC (General
Commercial Town
Center)
Compliance
Y
Compliance
N
Compliance
Y
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to Title 19.08 and the Town Center Development Standards Manual, the following
standards apply:
Standard
Required/Allowed
Provided
Compliance
Min. Lot Size*
N/A
7.24 acres
N/A
Min. Lot Width*
N/A
1,245 Feet
N/A
Min. Setbacks
Front
15 Feet
15 Feet
Y
Side
0 Feet
15 Feet
Y
Corner
N/A
N/A
N/A
20 Feet
44 Feet
Y
Rear
Max. Building Height
2 stories
2 stories/ 35 Feet
Y
Trash enclosure
Trash Enclosure
Screened, Gated, w/ a Roof or
shown, no details
By condition
Trellis
given
Mech. Equipment
Screened
Screened
Y
*Lot size and lot width are calculated on Lot 2 of the current commercial subdivision.
SS
Provided
44 Feet
44 Feet
80 Feet
Compliance
N
Y
Y
Provided
Compliance
7 Trees
16 Trees
0 Trees
4 Trees
28 Trees
N
Y
N/A
N/A
N
13 Trees
15 Feet
22 Feet
0 Feet
15 Feet
Existing 6-8
foot CMU
wall
Y
Y
Y
Y
Y
Required
Percent
Area
20%
12,458 SF
Provided
Percent
Area
24%
15,025 SF
Compliance
Y
Street Name
Functional
Classification of
Street(s)
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Azure Drive
Loop Road
Town Center
Development Standards
100
Y
SS
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
Commercial
Recreation/
31,050 SF / 2
3 spaces
6
Amusement
game courts
per court
(Indoor)
6
29
Y
TOTAL SPACES REQUIRED
5
1
28
1
Y
Regular and Handicap Spaces Required
Waivers
Requirement
TCDS C.2.B: Parking lot landscape
islands at intervals of six parking
spaces, with trees and shrubs in
each island (8 required)
TCDS C.1.A and C.1.D: Visually
interesting patterns and materials at
ground level of the building and
articulation in roofline or cornice.
Request
To allow seven parking lot
landscape islands
To allow flat wall planes of a single
color and material at ground level
and to allow no articulated roofline
Staff Recommendation
Approval
Denial
ANALYSIS
This development is subject to the requirements of the Town Center Development Standards
Manual. Where silent, Title 19 applies. The site is not located in any other special plan area.
A Site Development Plan Review (SDR-55201) for a 6,500 square-foot Liquor Establishment
(Tavern) was approved to the east of this site in October 2014. Through a later mapping action
in May 2015, the property line of that site shifted 30 feet to the east, leaving 30 feet of that
entitlement area (which includes portions of parking stalls and landscape islands) on the subject
site. As a result, the proposed parking lot landscape islands for this project have been situated so
as to line up with the approved site plan for the tavern. This arrangement of planters requires a
waiver to allow one fewer planter island, which staff supports if approved for uniformity of the
parking lot design. Although parking may be shared between individual developments on the
lot, the applicant has designed his portion of the land to be self-contained with respect to zoning
and landscape requirements. If the tavern development lapses and is not constructed, this
development will still meet parking and landscape requirements.
SS
SS
According to the Traffic Engineering Section of Public Works, this project will add
approximately 436 trips per day on Azure Drive and Tenaya Way. Azure Drive is currently at
about 32 percent of capacity and Tenaya Way is at about 41 percent of capacity. After this
project, Azure Drive is expected to be at about 33 percent of capacity and Tenaya Way to be at
about 42 percent of capacity. Based on peak hour use, this development will add into the area
roughly 33 additional cars, or about one every two minutes.
FINDINGS (VAR-61860)
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.
FINDINGS (SDR-61862)
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:
SS
1.
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;
This development will require a variance of the residential adjacency setback standard.
Waivers are needed for building design and parking lot landscaping inconsistencies with
the Town Center Development Standards Manual. If approved, conditions have been
added to address several deficiencies in perimeter and parking lot landscaping.
3.
4.
Building and landscape materials are appropriate for the area and for the City;
The proposed building will use steel construction, brick and plaster in bright blue and gold
colors. This design is not appropriate for the Town Center area. Existing streetscape
materials are located along the street edge, and the applicant has provided the appropriate
types of landscaping for this area.
5.
SS
6.
Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
The proposed development will be subject to building permit and business licensing
review and inspection, thereby protecting the health, safety and welfare of the public.
NOTICES MAILED
410
APPROVALS
PROTESTS
28
SS
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SDR-61862
APPLICANT/OWNER:
10/29/15
AZURE
SDR-61862
APPLICANT/OWNER:
10/29/15
AZURE
SDR-61862
APPLICANT/OWNER:
10/29/15
AZURE
SDR-61862
APPLICANT/OWNER:
10/29/15
AZURE
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Discussion
SUBJECT:
SDR-61862 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-61860 - PUBLIC
HEARING - APPLICANT/OWNER: AZURE DEVELOPMENT, LLC - For possible action on
a request for a Site Development Plan Review FOR A 31,050 SQUARE-FOOT COMMERCIAL
RECREATION/AMUSEMENT (INDOOR) FACILITY (GAME COURTS) WITH WAIVERS
OF TOWN CENTER PARKING LOT LANDSCAPING AND BUILDING FACADE
REQUIREMENTS on 1.43 acres on the south side of Azure Drive, approximately 455 feet west
of Tenaya Way (APN 125-27-222-014), T-C (Town Center) Zone [GC-TC (General Commercial
- Town Center) Special Land Use Designation], Ward 6 (Ross) [PRJ-61836]. Staff recommends
DENIAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
SDR-61862
Discussion
SUBJECT:
VAR-62029 - VARIANCE - PUBLIC HEARING - APPLICANT: HELLFIRE MEDIA, LLC OWNER: STATE BAR OF NEVADA - For possible action on a request for a Variance TO
ALLOW 33 PARKING SPACES WHERE 35 PARKING SPACES ARE REQUIRED FOR A
PROPOSED 10,248 SQUARE-FOOT MUSEUM, ART DISPLAY, OR ART SALES
(PRIVATE) on 0.78 acres at 600 East Charleston Boulevard (APN 162-03-501-001), P-R
(Professional Office and Parking) Zone, Ward 3 (Coffin) [PRJ-61465]. Staff recommends
DENIAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-62029 and SUP-61802 [PRJ-61465]
2. Conditions and Staff Report - VAR-62029 and SUP-61802 [PRJ-61465]
3. Supporting Documentation - VAR-62029 and SUP-61802 [PRJ-61465]
4. Photo(s) - VAR-62029 and SUP-61802 [PRJ-61465]
5. Justification Letter - VAR-62029 and SUP-61802 [PRJ-61465]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-62029
SUP-61802
RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:
REQUIRED FOR
APPROVAL
VAR-62029
** CONDITIONS **
VAR-62029 CONDITIONS
Planning
1.
Approval of and conformance to the Conditions of Special Use Permit (SUP-61802) 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.
NE
SUP-61802 CONDITIONS
Planning
1.
2.
This Special Use Permit shall be reviewed one year from the date of issuance of a business
license, at which time the Planning Commission may revoke the Special Use Permit. The
applicant shall be responsible for notification cost of the review. Failure to pay the City for
these costs may result in the revocation of the Special Use Permit.
3.
All proposed signage is subject to building permit review and must comply with Title
19.08.120 for Commercial and Industrial District Sign Standards.
4.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
5.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
6.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit, as well as submitted as part of any business license application.
7.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
NE
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting the approval of a Special Use Permit in order to operate a Museum,
Art Display, or Art Sales (Private) at 600 East Charleston Boulevard. The applicant is proposing
to open the first floor of the building immediately to the public where privately owned artifacts
will be displayed with the second floor being retrofitted at a later date for public assembly space.
A Parking Variance application accompanies this application requesting to allow 33 parking
spaces where 35 are required.
While the proposed use of a Museum, Art Display, or Art Sales (Private) is permissible in the PR (Professional Office and Parking) zoning district with an approved Special Use Permit, the
companion application for a Parking Variance demonstrates the use proposed for the subject site
is too intense for the immediate area and cannot be conducted in a harmonious and compatible
manner with the existing surrounding land uses. For this reason, staff is recommending denial of
both requests; however, if approved, subject to conditions.
ISSUES
A Parking Variance is required to allow 33 parking spaces where 35 are required, which
represents a six percent deviation from Title 19 requirements.
Per Title 19.12, a Museum, Art Display, or Art Sales (Private) land use is permissible in the
P-R (Professional Office and Parking) zoning district with an approved Special Use Permit.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Commission approved a request for Reclassification of Property (Z0047-72) from R-1 (Single Family Residential) to P-R (Professional Office
10/18/72
and Parking) for a proposed office generally located on the southeast corner
of Charleston Boulevard and South 6th Street.
The City Commission approved a request for Reclassification of Property and
Plot Plan Review (Z-0010-74) from R-1 (Single Family Residential) to P-R
04/17/74
(Professional Office and Parking) for a proposed five-story office building,
bank building and existing office building on property located at 600 and 622
East Charleston Boulevard.
NE
NE
Pre-Application Meeting
Staff conducted a pre-application meeting with the applicants representative
where the submittal requirements for a Parking Variance and a Special Use
09/29/15
Permit for the Museum, Art Display, or Art Sales (Private) land use
entitlement were discussed.
Neighborhood Meeting
Staff recommended to the applicant that a neighborhood meeting be held since the proposed use
has the potential of negatively impacting the adjacent residential neighborhood with increased
vehicular and foot traffic.
The applicant indicates a neighborhood meeting will be held on December 3rd at The Center at
401 South Maryland Parkway.
Field Check
10/29/15
Surrounding
Property
Subject Property
C (Commercial)
Surrounding
Property
North
South
East
West
C (Commercial)
DEVELOPMENT STANDARDS
Functional
Street Name
Classification of
Street(s)
Charleston
Boulevard
6th Street
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Primary Arterial
100
Local Street
Title 13
50
NE
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
Museum, Art
Display, or
10, 248 SF
1:300
35
Art Sales
(Private)
35
33
N
TOTAL SPACES REQUIRED
33
2
31
2
N
Regular and Handicap Spaces Required
6%
Percent Deviation
ANALYSIS
The applicant has proposed to operate a Museum, Art Display, or Art Sales (Private) defined by
Title 19 as, a privately-operated facility or area for the acquisition, preservation, study,
exhibition or sales of works of artistic, historic or scientific value. The proposed use meets the
definition by proposing to display privately owned artifacts as stated by the applicant in the
justification letter.
The subject site was once a single family residence that has been converted into an office
building. The exterior of the building has maintained its residential feel over the years, and no
alterations to the exterior of the existing structure have been proposed with this application. The
applicant has proposed minor tenant improvements to the interior of the structure to
accommodate the proposed artifact displays and public assembly areas on the first and second
floors, respectively. Currently, the basement houses HVAC equipment, and the applicant does
not intend to use this space at this time. The applicant wishes to maintain the historic character of
the building and has submitted an application (HPC-62223) to the Historic Preservation
Commission to request the site be designated as a historic landmark on the City of Las Vegas
Historic Property Register. Also known as the Wengert House, the original residential structure
was constructed in 1938, and at the time of its construction was a pre-World War II Tudor
Revival style meant to replicate modest country homes found in Europe at the time with its
steeply pitched roof and pillared front porch. Although the interior of the structure has been
altered over the years to accommodate commercial offices and several exterior additions have
been constructed over the years, the structure is still eligible for historic designation.
Per Title 19.18.030, the subject site is a parking impaired site. With the change of the land use
requiring a Special Use Permit, and a change in the occupancy rating by converting the existing
structure from an office (304.1 Business Group B) to a museum (303.4 Assembly Group A-3) in
NE
accordance with the 2012 International Building Code, the subject site now requires a parking
Variance. While staff realizes the proposed land use has the same parking requirements as the
existing office use (one parking space for every 300 square feet of gross floor area), this
particular land use proposed by applicant is anticipating enough visitors to require the need for
shuttle buses in addition to visitors arriving by private vehicles and public transportation. This
amount of visitors is substantially more than the amount of visitors a traditional, office building
would generate during normal operating hours. With the subject site already being parking
impaired, coupled with the increased visitor count anticipated by the applicant, staff finds the
proposed use to be too intense for the subject site and is recommending denial of the Parking
Variance and the companion Special Use Permit.
The subject site is part of the John S. Park Neighborhood Plan, and is adjacent to the historically
designated John S. Park residential neighborhood located just south of the site. On March 14,
2000, the John S. Park planning process began with community meetings in order to preserve the
character, and residential nature of their neighborhood through the creation of a neighborhood
plan. One of the goals of the neighborhood plan was to resist the pressure felt by the
homeowners to convert their residential properties into commercial properties, and to maintain
the single family residential nature of the neighborhood by providing City leaders and developers
a guide to refer to when reviewing proposed projects for the John S. Park neighborhood. The
John S. Park Neighborhood Plan estimates commercially zoned property within the plan area to
be less than ten percent. During these community meetings, residents expressed concern in
regards to commercial encroachment into their residential neighborhood. While the proposed
project is not requesting to physically expand into the residential neighborhood, the use of shuttle
buses to bring visitors to the site, and the need for a Parking Variance indicates to staff that the
proposed use is too intense for the subject site and would negatively impact the existing
surrounding commercial and residential land uses by creating a substantial increase in vehicular
and foot traffic that would encroach into surrounding areas. The proposed use cannot operate in a
harmonious and compatible manner with the surrounding land uses; for this reason, staff is
recommending denial of both applications.
If the proposed project is approved, staff has added a condition for a one-year required review
from the date of issuance for a business license to re-visit the issues raised by the need of a
parking Variance in order to operate a Museum, Art Display, or Art Sales (Private) land use at
that location and to reevaluate whether or not the Museum, Art Display, or Art Sales (Private)
land use is able to be conducted in a harmonious and compatible manner with the existing
surrounding commercial uses, and the historically designated single family residences to the
south of the subject site.
FINDINGS (VAR-62029)
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:
NE
1.
2.
3.
FINDINGS (SUP-61802)
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.
South of the proposed project is a historically designated residential neighborhood. The
applicant has requested a parking Variance demonstrating the proposed use is too intense
for the subject site. The proposed project will increase vehicular traffic along 6th Street, a
50-foot Local Street that is adjacent to John S. Park historic residential neighborhood. The
proposed project cannot be conducted in a manner that is harmonious and compatible with
the existing surrounding land uses that consist of office buildings, single family residences,
and a church.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
NE
A Special Use Permit is a specific approval for a use which has been determined to be
more intense or to have a potentially greater impact than a permitted or conditional use
within the same zoning district. Staff finds the proposed project to be too intensive for the
site, and the subject site to be not physically suited for the proposed land use as
demonstrated by the need for a Parking Variance.
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.
While Charleston Boulevard, a 100-foot Primary Arterial as defined by the Master Plan of
Streets and Highways, is sufficient to serve vehicular traffic. The proposed parking
facilities will not be sufficient for the employees, shuttle buses, and visitors as
demonstrated by the need for a parking Variance; thus, creating overflow vehicular and
pedestrian traffic along 6th Street, a 50-foot local street as defined by Title 13, which would
negatively impact the single family residential homes that are part of the John S. Park
Historic District to the south of the proposed project.
4.
Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
The proposed Museum, Art Display, or Art Sales (Private) facility would be subject to
regular inspections by regulatory agencies such as the City of Las Vegas Business
Licensing and would not compromise the public health, safety and welfare.
5.
The use meets all of the applicable conditions per Title 19.12.
There are no minimum Special Use Permit requirements for a Museum, Art Display, or
Art Sales (Private) land use application; applications are considered individually on a caseby-case basis.
NOTICES MAILED
324
APPROVALS
PROTESTS
38
NE
VAR-62029
VAR-62029
VAR-62029 [PRJ-61465] - VARIANCE RELATED TO SUP-61802 - APPLICANT: HELLFIRE MEDIA, LLC OWNER: STATE BAR OF NEVADA
600 EAST CHARLESTON BOULEVARD
10/29/15
VAR-62029 [PRJ-61465] - VARIANCE RELATED TO SUP-61802 - APPLICANT: HELLFIRE MEDIA, LLC OWNER: STATE BAR OF NEVADA
600 EAST CHARLESTON BOULEVARD
10/29/15
VAR-62029 [PRJ-61465] - VARIANCE RELATED TO SUP-61802 - APPLICANT: HELLFIRE MEDIA, LLC OWNER: STATE BAR OF NEVADA
600 EAST CHARLESTON BOULEVARD
10/29/15
VAR-62029 [PRJ-61465] - VARIANCE RELATED TO SUP-61802 - APPLICANT: HELLFIRE MEDIA, LLC OWNER: STATE BAR OF NEVADA
600 EAST CHARLESTON BOULEVARD
10/29/15
VAR-62029 [PRJ-61465] - VARIANCE RELATED TO SUP-61802 - APPLICANT: HELLFIRE MEDIA, LLC OWNER: STATE BAR OF NEVADA
600 EAST CHARLESTON BOULEVARD
10/29/15
VAR-62029 [PRJ-61465] - VARIANCE RELATED TO SUP-61802 - APPLICANT: HELLFIRE MEDIA, LLC OWNER: STATE BAR OF NEVADA
600 EAST CHARLESTON BOULEVARD
10/29/15
VAR-62029 [PRJ-61465] - VARIANCE RELATED TO SUP-61802 - APPLICANT: HELLFIRE MEDIA, LLC OWNER: STATE BAR OF NEVADA
600 EAST CHARLESTON BOULEVARD
10/29/15
Discussion
SUBJECT:
SUP-61802 - SPECIAL USE PERMIT REALATED TO VAR-62029 - PUBLIC HEARING APPLICANT: HELLFIRE MEDIA, LLC - OWNER: STATE BAR OF NEVADA - For possible
action on a request for a Special Use Permit FOR A PROPOSED 10,248 SQUARE-FOOT
MUSEUM, ART DISPLAY, OR ART SALES (PRIVATE) on 0.78 acres at 600 East Charleston
Boulevard (APN 162-03-501-001), P-R (Professional Office and Parking) Zone, Ward 3 (Coffin)
[PRJ-61465]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
SUP-61802
SUP-61802
Discussion
SUBJECT:
VAR-61411 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: 320 S 11TH, LLC For possible action on a request for a Variance TO ALLOW A FRONT LOADED GARAGE IN
FRONT OF THE PRIMARY STRUCTURE WHERE SUCH IS NOT PERMITTED, TO
ALLOW ACCESSORY STRUCTURES THAT ARE NOT AESTHETICALLY COMPATIBLE
WITH THE PRINCIPAL DWELLING, TO ALLOW A SEVEN-FOOT FRONT YARD
SETBACK WHERE 10 FEET IS REQUIRED, TO ALLOW A ZERO-FOOT SIDE YARD
SETBACK WHERE THREE FEET IS REQUIRED, TO ALLOW A ZERO-FOOT REAR
YARD SETBACK WHERE THREE FEET IS REQUIRED AND TO ALLOW BUILDING
SEPARATIONS OF ZERO FEET AND FOUR-FOOT WHERE SIX FEET IS THE MINIMUM
REQUIRED FOR TWO EXISTING ACCESSORY STRUCTURES (CLASS II) [GARAGES]
TOTALING 1,931 SQUARE FEET on 0.17 acres at 320 South 11th Street (APN 139-34-712095), R-4 (High Density Residential) Zone, Ward 3 (Coffin) [PRJ-61288]. Staff recommends
DENIAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
VAR-61411 [PRJ-61288]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-61411
RECOMMENDATION
REQUIRED FOR
APPROVAL
** CONDITIONS **
VAR-61411 CONDITIONS
Planning
1.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
2.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
3.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
4.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
JB
VAR-61411 [PRJ-61288]
Staff Report Page One
December 8, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Variance to allow an accessory structure that is not a side loaded garage in
front of the primary structure where such is not permitted; to allow accessory structures that is
not aesthetically compatible with the principal dwelling; to allow a seven-foot front yard setback
where 10-feet is required; to allow a zero-foot side yard setback where three feet is required; to
allow a zero-foot rear yard setback where three feet is required and to allow building separations
of zero feet and four-foot six-inches where six feet is the minimum required for two existing
Accessory Structures (Class II) [garages] totaling 1,931 square feet. The site is located at 320
South 11th Street, in an R-4 (High Density Residential) zoning district. No unique or
extraordinary evidence has been presented to warrant the requested Variance. As such, the
hardship is self-imposed and; therefore, staff recommends denial of this request.
ISSUES
The property owner has installed two Accessory Structures (class II) (garages) in the front
and rear of the existing multi-family building on the subject property which were constructed
without building permits.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Board of City Commissioners approved a request for a reclassification of
property (Z-0007-53) from R-1 (Single Family Residential), R-2 (Medium03/04/53
Low Density Residential) and R-3 (Medium Density Residential) to R-4
(High Density Residential) on property generally located between 9th and
14th Streets extending south from Fremont Street to Bonneville Avenue.
JB
VAR-61411 [PRJ-61288]
Staff Report Page Two
December 8, 2015 - Planning Commission Meeting
JB
VAR-61411 [PRJ-61288]
Staff Report Page Three
December 8, 2015 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was conducted with the applicant to go over the
09/15/15
application materials and submittal requirements for a setback Variance for
existing structures.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one conducted.
Field Check
10/29/15
A routine field check was conducted by staff and found a well maintained
residential development with existing structures (Garages) on the subject site
which was constructed without building permits.
Surrounding
Property
Planned or Special
Land Use Designation
Duplex
East
Multi-Family
Residential
West
Duplex
Subject Property
North
South
Compliance
N/A
Compliance
Y
JB
VAR-61411 [PRJ-61288]
Staff Report Page Four
December 8, 2015 - Planning Commission Meeting
Compliance
N/A
Y
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to Title 19.06.120, the following standards apply:
Standard
Required/Allowed
Min. Setbacks (Accessory Structure)
Front
10 Feet
Side (north)
3 Feet
Side (south)
3 Feet
Rear
3 Feet
Min. Distance Between Buildings
6 Feet
Max. Lot Coverage (Accessory Structure)
50 %
Max. Building Height (Accessory Structure)
35 Feet
Provided
Compliance
7 Feet
0 Feet
0 Feet
0 Feet
0 Feet
40 %
12 Feet
N
N
N
N
N
Y
Y
Street Name
Functional
Classification of
Street(s)
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
11th Street
Major Collector
70 Feet
ANALYSIS
This is a request for a Variance to allow a two existing Accessory Structure (Class II) [garages]
totaling 1,931 square feet to remain in the front and rear yard area of an existing multi-family
building located at 320 South 11th Street, which do not comply with Title 19.06 developments
standards. The property owner has installed the two Accessory Structures (Class II) [garages] on
the subject property without building permits. The subject property is located within the R-4
(High Density Residential) zoning district.
The applicant has requested a Variance to allow an accessory structure that is not a side loaded
garage in front of the primary structure where such is not permitted; to allow accessory structures
that are not aesthetically compatible with the principal dwelling; to allow a seven-foot front yard
setback where 10-feet is required; to allow a zero-foot side yard setback where three feet is
JB
VAR-61411 [PRJ-61288]
Staff Report Page Five
December 8, 2015 - Planning Commission Meeting
required; to allow a zero-foot rear yard setback where three feet is required and to allow building
separations of zero feet and four-foot six-inches where six feet is the minimum required for the
two existing Accessory Structures (Class II) [garages]. No substantial evidence has been
presented to warrant the requested Variance. As such, the hardship is self-imposed and;
therefore, staff recommends denial of this request.
FINDINGS (VAR-61411)
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.
151
APPROVALS
PROTESTS
40
JB
Discussion
SUBJECT:
VAR-61754 - VARIANCE - PUBLIC HEARING - APPLICANT: PRACHATOUCH
THONGUTHAISIRI - OWNER: THREE J''S - For possible action on a request for a Variance
TO ALLOW 41 PARKING SPACES WHERE 63 PARKING SPACES ARE REQUIRED FOR
AN EXISTING RESTAURANT on 0.28 acres at 3839 West Sahara Avenue, Suite #9 (APN
162-07-512-002), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ-61576]. Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Action Letter for VAR-6538
VAR-61754 [PRJ-61576]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-61754
RECOMMENDATION
REQUIRED FOR
APPROVAL
** CONDITIONS **
VAR-61754 CONDITIONS
Planning
1.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
2.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
3.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
4.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
NE
VAR-61754 [PRJ-61576]
Staff Report Page One
December 8, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting a Variance to allow 41 parking spaces where 63 parking spaces are
required for the expansion of an existing 1,541 square-foot restaurant at 3839 West Sahara
Avenue, Suite #9 for a total of 2,926 square feet. Currently, the 8,640 square-foot commercial
building is parking impaired and consists of a mixture of retail, general personal services, and
this restaurant use. The applicant is requesting the Parking Variance in order to complete
expansion plans to provide for a more spacious, comfortable restaurant for both the back-ofhouse, and customers.
No circumstance related to the physical characteristics of the site provides any grounds for a
Variance; therefore, staff is recommending denial.
ISSUES
A Variance is required to allow 41 parking spaces where 63 parking spaces are required.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City County approved the Reclassification of Property (Z-19-86) from R04/16/86
3 (Limited Multiple Residence to C-1 (Limited Commercial) for a proposed
retail store.
The City Council approved a Reinstatement and Extension of Time (Z-19-86)
06/17/87
for Reclassification of Property from R-3 (Limited Multiple Residence to C-1
(Limited Commercial) for a proposed retail store.
The City Council approved an Extension of Time (Z-19-86) for
09/07/88
Reclassification of Property from R-3 (Limited Multiple Residence to C-1
(Limited Commercial) for a proposed retail store.
The Board of Zoning Adjustment approved Variance (V-68-92) to allow 26
05/26/92
parking spaces where the use requires 34 spaces.
The City Council approved a request for a Special Use Permit (U-80-92) to
06/17/92
allow the sale of beer and wine within an existing restaurant.
The Board of Zoning Adjustment approved a one year required review of a
05/25/93
Parking Variance (V-68-92) which allowed for 26 parking spaces where the
use requires 34.
NE
VAR-61754 [PRJ-61576]
Staff Report Page Two
December 8, 2015 - Planning Commission Meeting
NE
VAR-61754 [PRJ-61576]
Staff Report Page Three
December 8, 2015 - Planning Commission Meeting
Pre-Application Meeting
A routine pre-application meeting was held between staff and the applicant
10/07/15
where the submittal requirements for a Major Modification to an Existing
Special Use Permit and a Parking Variance were explained.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
10/29/15
NE
VAR-61754 [PRJ-61576]
Staff Report Page Four
December 8, 2015 - Planning Commission Meeting
Surrounding
Property
Subject Property
North
South
East
West
Planned or Special
Land Use Designation
C (Commercial)
C (Commercial)
L (Low Density
Residential)
C (Commercial)
C (Commercial)
NE
VAR-61754 [PRJ-61576]
Staff Report Page Five
December 8, 2015 - Planning Commission Meeting
DEVELOPMENT STANDARDS
Street Name
Functional
Classification of
Street(s)
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Primary Arterial
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Gross Floor
Parking
Parking
Area or
Use
Parking Ratio
HandiHandiNumber of
Regular
Regular
capped
capped
Units
1:50 Public
Area
Restaurant 2,925 SF
30
1:200
Remaining
Retail
5,715 SF
1:175
33
63
41
TOTAL SPACES REQUIRED
60
3
40
1
Regular and Handicap Spaces Required
35%
Percent Deviation (for VAR only)
Y*
Compliance
N
N
ANALYSIS
In 1986, the subject site was approved by the City Council for a Reclassification of Property (Z19-86) for a retail store with the condition that parking and driveway plans be approved by the
Citys traffic engineer. No parking standard was established during this initial land entitlement
process. Since this original approval, the subject site has consisted of a mixture of retail, general
personal service, and restaurant uses. Per Title 19.18.030, the subject site is a parking impaired
development.
Due to increased business demands, the restaurant owners submitted for a building permit on
August 3, 2015 to expand their existing restaurant at 3839 West Sahara Avenue, Suite #9. During
the permit review process it was noted that a Major Amendment to the existing Special Use
Permit (SUP-6393) for a Restaurant with Service Bar would be required in addition to a Parking
Variance for the expanded restaurant land use. After the applications were submitted, Bill 2015-
NE
VAR-61754 [PRJ-61576]
Staff Report Page Six
December 8, 2015 - Planning Commission Meeting
75 was approved by City Council making a Restaurant with Service Bar a conditional use in the
C-1 Zone. Since the restaurant met all applicable conditions, the Special Use Permit application
was canceled and the fees were returned. The applicant is currently licensed (L09-00323) as a
Beer/Wine/Cooler On-Sale Establishment, which is less intensive than the Restaurant with
Service Bar and also a conditional use in the C-1 Zone with the passage of Bill 2015-75.
The original land entitlement (Z-19-86) approved a general retail use for the subject site. By
current standards, a General Retail Store, Other Than Listed of less than 25,000 square feet is
parked at one space for every 175 square feet of gross floor area. The total square footage for the
subject site is 8,640 square feet. When parking is calculated at todays standards per Title 19.12,
the site is required to have 50 parking spaces for a General Retail Store, Other Than Listed land
use leaving the subject site a parking impaired development per Title 19.18.030.
The applicants were granted a Parking Variance (VAR-6538) on July 6, 2005 to allow for 41
Parking Spaces where 47 were required. Now that the restaurant is expanding into the adjacent
suite, a new Parking Variance is required. The applicants are proposing to expand their existing
restaurant by an additional 1,385 square feet for a total of 2,926 square feet. The applicants are
using the additional space to give staff and customers a more spacious restaurant to work and
dine in. No complaints have been filed with the Department of Code Enforcement in regards to
parking. Since no circumstance related to the physical characteristics of the site provides any
grounds for a Variance; staff is recommending denial.
FINDINGS (VAR-61754)
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.
NE
VAR-61754 [PRJ-61576]
Staff Report Page Seven
December 8, 2015 - Planning Commission Meeting
Staff was unable to make a finding in support of this application since it did not meet the
minimum requirements set forth by Title 19.12 for parking; therefore, staff is recommending
denial of the application.
NOTICES MAILED
1026
APPROVALS
PROTESTS
31
NE
VAR-61754
VAR-61754
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VAR-61754
Discussion
SUBJECT:
VAR-61788 - VARIANCE - PUBLIC HEARING - APPLICANT: RUBI SANCHEZ - OWNER:
CHARLESTON BLVD TRUST - For possible action on a request for a Variance TO ALLOW
NO ADDITIONAL PARKING SPACES WHERE 12 ADDITIONAL SPACES ARE
REQUIRED FOR A PROPOSED EXPANSION TO A GENERAL PERSONAL SERVICE
(BEAUTY SALON) USE on 0.32 acres at 3031 East Charleston Boulevard, Suite A (APN 13936-812-010), M (Industrial) Zone, Ward 3 (Coffin) [PRJ-61334]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
VAR-61788 [PRJ-61334]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-61788
RECOMMENDATION
REQUIRED FOR
APPROVAL
** CONDITIONS **
VAR-61788 CONDITIONS
Planning
1.
Conformance to the approved conditions for Plot Plan Review [Z-0066-64 (13)].
2.
All signage shall be permitted and meet minimum code requirements within 30 days of
final approval.
3.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
4.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
6.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
MR
VAR-61788 [PRJ-61334]
Staff Report Page One
December 8, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a parking Variance to allow for an expansion of an existing 1,089 squarefoot General Personal Service (Beauty Shop) use within an existing retail center at 3031 East
Charleston Boulevard, Suite A. The site is parking impaired and the existing beauty shop was
approved with two beautician stations; however, the applicant has installed six chairs (or
beautician stations). As the site is parking impaired the additional four chairs require 12
additional parking spaces. The existing retail center is partially vacant; however, the addition of
the four chairs is too intense for this site and cannot be conducted in a harmonious and
compatible manner. Staff is recommending denial of this Variance application. If denied, the
applicant will have to remove four of the six existing beautician stations.
ISSUES
A parking Variance is required to allow zero additional parking spaces where 12 additional
parking spaces are required with the approval of this use.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Planning Commission approved Rezoning (Z-0156-62) from R-E
01/10/63
(Residence Estates) and R-2 (Two Family Residence) to C-1 (Limited
Commercial) as part of a larger request. This site was included in the area.
The Board of Commissioner approved Rezoning (Z-066-64) from C-1
06/21/67
(Limited Commercial) to M (Industrial) as part of a larger request. This site
was included in the area. The Planning Commission recommended approval.
The Planning Commission approved Plot Plan Review [Z-0066-64 (13)] for
04/13/72
two retail buildings for the property located at 3021 and 0321 East Charleston
Boulevard.
MR
VAR-61788 [PRJ-61334]
Staff Report Page Two
December 8, 2015 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the submittal
08/12/15
requirements for a Variance to expansion to an existing General Personal
Service (Beauty Salon) use at 3031 East Charleston Boulevard, Suite A.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
10/29/15
A field inspection was conducted on the subject site and showed the site was
the site has a number of non-permitted temporary sign. A condition of
approval has been added to permit all non-permitted signage within 30-days.
Surrounding
Property
Subject Property
North
South
Planned or Special
Land Use Designation
LI/R (Light
Industry/Research)
M (Industrial)
LI/R (Light
Industry/Research)
H (High Density
Residential)
M (Industrial)
R-4 (High Density
Residential)
MR
VAR-61788 [PRJ-61334]
Staff Report Page Three
December 8, 2015 - Planning Commission Meeting
Surrounding
Property
East
West
Planned or Special
Land Use Designation
LI/R (Light
Industry/Research)
LI/R (Light
Industry/Research)
M (Industrial)
Compliance
N/A
Compliance
N/A
Compliance
N/A
N/A
N/A
N/A
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
General
3 SP Per
Personal
2 Chairs
6
Chair
Services
Proposed
General
3 SP Per
4 Chairs
12*
Personal
Chair
Services
18
6
N
TOTAL SPACES REQUIRED
17
1
4
1
N
Regular and Handicap Spaces Required
Percent Deviation
120%
*Pursuant to Title 19.18.030(D), the site is parking impaired. The site provides 10 spaces overall;
however, the number of required spaces contributed by 3031 East Charleston Boulevard, Suite A is
now 12 more than for the existing General Personal Service Use and thus 22 spaces would need to
be provided to meet Title 19.18.030.
MR
VAR-61788 [PRJ-61334]
Staff Report Page Four
December 8, 2015 - Planning Commission Meeting
ANALYSIS
This is a request for a Variance to allow a General Personal Service use to legalize four
additional beautician chairs within an existing strip mall zoned M (Industrial). The subject site
was initially entitled as a retail center; however, over time various uses have come and gone with
different land use intensities. Now, the number and intensity of uses have exceeded the original
land entitlement use capacity and parking requirements. The site is parking impaired with
existing use of a beauty shop with two chairs and the expansion of four beautician chairs requires
a parking Variance. The site is over its built capacity and the intensified use of four additional
chairs represents a 120 percent reduction in the required parking. Said lack of adequate parking
highlights the overutilization of the site. As such, the proposed use is not compatible with the
existing site and cannot be in conducted in a harmonious manner with the surrounding area.
Staff recommends denial of this Variance request.
FINDINGS (VAR-61788)
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.
MR
VAR-61788 [PRJ-61334]
Staff Report Page Five
December 8, 2015 - Planning Commission Meeting
NOTICES MAILED
79
APPROVALS
PROTESTS
33
MR
VAR-61788
VAR-61788
VAR-61788
VAR-61788
Discussion
SUBJECT:
SUP-61781 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: MURPHY OIL,
USA - OWNER: PARRIS ROBINSON EASTERN, LLC - For possible action on a request for a
Special Use Permit FOR A PROPOSED 1,400 SQUARE-FOOT BEER/WINE/COOLER OFFSALE ESTABLISHMENT at the southwest corner of Craig Road and Jones Boulevard (portion
of APN 138-02-702-001), C-2 (General Commercial) Zone, Ward 4 (Anthony) [PRJ-61694].
Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - SUP-61781 and SDR-61785 [PRJ-61694]
2. Special Map
3. Conditions and Staff Report - SUP-61781 and SDR-61785 [PRJ-61694]
4. Supporting Documentation - SUP-61781 and SDR-61785 [PRJ-61694]
5. Photo(s) - SUP-61781 and SDR-61785 [PRJ-61694]
6. Justification Letter - SUP-61781 and SDR-61785 [PRJ-61694]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-61781
SDR-61785
RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:
REQUIRED FOR
APPROVAL
SUP-61781
** CONDITIONS **
SUP-61781 CONDITIONS
Planning
1.
2.
Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-61785) shall be required.
3.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
4.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit, as well as submitted as part of any business license application.
6.
Approval of this Special Use Permit does not constitute approval of a liquor license.
SS
7.
This business shall operate in conformance to Chapter 6.50 of the City of Las Vegas
Municipal Code.
8.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
SDR-61785 CONDITIONS
Planning
1.
Approval of and conformance to the Conditions of Approval for Special Use Permit (SUP61781) shall be required, if approved.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
All development shall be in conformance with the site plan, landscape plan, and building
elevations, date stamped 10/21/15, except as amended by conditions herein.
4.
A Waiver from Title 19.08.040 is hereby approved, to allow the proposed convenience
store to be placed away from the front and corner setback lines where placement at the
corner is required.
5.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
6.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
7.
SS
8.
A fully operational fire protection system, including fire apparatus roads, fire hydrants and
water supply, shall be installed and shall be functioning prior to construction of any
combustible structures.
9.
All City Code requirements and design standards of all City Departments must be satisfied,
except as modified herein.
Public Works
10.
11.
Per the approved Phasing Plan for TMP-60902, a minimum five-foot wide asphalt path
along the entire length of Rancho Drive must be constructed or guaranteed prior to the
issuance of permits for this site. If this temporary path is outside the public right-of-way,
an appropriate public Pedestrian Access Easement must be granted for this path prior to
issuance of permits for this site. An exception to the approved Phasing Plan for TMP60902 is hereby granted and no construction of the second northbound left turn lane on
Jones Boulevard at Craig Road is required with this project.
12.
In accordance with code requirements of Title 13.56, remove all substandard offsite
improvements and unused driveways and replace with new improvements meeting current
City Standards concurrent with development of this site. Correct all Americans with
Disabilities Act (ADA) deficiencies on the sidewalks, if any, on Jones Boulevard and Craig
Road adjacent to this site concurrent with on-site development activities. All existing
paving damaged or removed by this development shall be restored at its original location
and to its original width concurrent with development of this site.
13.
Contact the City Engineers Office at 702-229-6272 to coordinate the development of this
project with the Rancho CIP project and any other public improvement projects adjacent
to this site. Comply with the recommendations of the City Engineer.
14.
All private improvements and landscaping installed with this project shall be situated and
maintained so as to not create sight visibility obstructions for vehicular traffic at all
development access drives and abutting street intersections.
15.
Obtain an Occupancy Permit from the Nevada Department of Transportation (NDOT) for
the construction of improvements in the Craig Road and Rancho Drive public rights-ofway adjacent to this site prior to constructing any improvements within NDOT jurisdiction.
SS
16.
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.
17.
A Drainage Plan and Technical Drainage Study must be submitted to and approved by the
Department of Public Works prior to the issuance of any building or grading permits or
submittal of any construction drawings, whichever may occur first. Provide and improve
all drainageways recommended in the approved drainage plan/study. The developer of this
site shall be responsible to construct such neighborhood or local drainage facility
improvements as are recommended by the City of Las Vegas Neighborhood Drainage
Studies and approved Drainage Plan/Study concurrent with development of this site.
18.
Site development to comply with all applicable conditions of approval for the
Rancho/Craig Tentative Map (TMP-60902), and all other applicable site-related actions.
SS
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is proposing to construct a 1,400 square-foot convenience store with eight fuel
stations on a portion of 24.06 acres of vacant land at the southwest corner of Craig Road and
Jones Boulevard. The site is part of a larger planned project on 51.21 acres that has not yet been
submitted for entitlement review. The applicant also requests off-premise sales of beer and wine
in conjunction with the convenience store, which will require approval of a Special Use Permit.
Title 19.08.040(B)(6) requires buildings on corners to be oriented to the setback lines to form a
street edge. The proposed convenience store is designed to be located away from the corner,
with fuel canopies extending west and east from the building. Traffic circulation would be twoway around the perimeter of the building and canopies, with parking situated on the south side of
the parcel. The applicant requests that a waiver allowing this design be approved for purposes of
safety and visibility. This design is not compatible with existing development at the northwest
corner of Craig Road and Jones Boulevard, which meets the building placement requirements of
Title 19. Furthermore, as this is the first development in what is expected to be a large
commercial center on vacant land, it sets a precedent for a similar pattern of future development
along Jones Boulevard, Craig Road and Rancho Drive. As there are no extraordinary
circumstances with the land that would preclude the building from being situated at the corner,
staff recommends that the waiver be denied, as well as the request for the Site Development Plan
Review, with conditions if approved.
All minimum special use permit requirements are met for the proposed Beer/Wine/Cooler OffSale Special Use Permit request, and the use is compatible with uses on adjacent properties;
however, as the request is tied to approval of the accompanying Site Development Plan Review,
staff also recommends denial of the Special Use Permit.
ISSUES
SS
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a Rezoning (ZON-1257) from: R-E (Residence
Estates) and C-2 (General Commercial) to: C-1 (Limited Commercial) on
01/22/03
51.21 acres on the southeast corner of Craig Road and Rancho Drive. The
Planning Commission and staff recommended approval. The Resolution of
Intent expired 01/22/05.
Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss submittal
requirements for a proposed convenience store development. The applicant
10/14/15
had originally considered locating large propane tanks along Jones Boulevard
for which a special use permit would have been required; however, the tanks
were determined to be less than 288 gallons and moved to a different location
SS
Pre-Application Meeting
on the site. The applicant explained that a phasing plan for offsite
improvements on the overall was being worked out with Public Works. Per
Title 19.04, Public Works has the authority to determine the extent to which
Complete Streets Standards may be implemented for development adjacent to
the existing street improvements. An inadequate amount of parking was
shown on the site plan. Although the applicant is in process of mapping the
overall site as a commercial subdivision, a map has not been recorded, which
affects the parking and landscaping requirements.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
10/29/15
The site is undeveloped and nearly flat with some natural vegetation.
Sidewalks adjacent to Jones Boulevard and Craig Road are both attached with
no streetscaping.
North
Shopping Center
South
Undeveloped
East
Shopping Center
West
Liquor
Establishment
(Tavern)
Financial Institution,
General
General Retail Store
Planned or Special
Land Use Designation
GC (General
Commercial)
SC (Service
Commercial)
GC (General
Commercial)
SC (Service
Commercial)
SC (Service
Commercial)
C-2 (General
Commercial)
SS
Compliance
N/A
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to Title 19.08, the following standards apply:
Standard
Required/Allowed
Min. Lot Size
N/A
Min. Lot Width
100 Feet
Min. Setbacks
Front
10 Feet
Side
10 Feet
Corner
10 Feet
20 Feet
Rear
Max. Lot Coverage
50 %
Max. Building Height
N/A
Screened, Gated, w/ a Roof or
Trash Enclosure
Trellis
Mech. Equipment
Screened
Provided
24.06 acres
602 Feet
Compliance
N/A
Y
117 Feet
506 Feet
46 Feet
1,332 Feet
0.78 %
23 Feet
Screened, Gated, w/ a
Roof or Trellis
Screened
Y
Y
Y
Y
Y
N/A
Y
Y
Provided
Compliance
12 Trees
1 Tree
9 Trees
4 Trees
26 Trees
Y
N/A
Y
N/A
Y
SS
Street Name
Functional
Classification of
Street(s)
Jones Boulevard
Primary Arterial
Craig Road
Parkway Arterial
Governing Document
Master Plan of Streets
and Highways Map
Master Plan of Streets
and Highways Map
Provided
Compliance
3 Trees
15 Feet
10 Feet
32 Feet
15 Feet
No walls
Y
Y
Y
Y
N/A
Actual
Street Width
(Feet)
Compliance
with Street
Section
106
140
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
Number of
HandiHandiRatio
Regular
Regular
Units
capped
capped
1 space
General Retail
1,400 SF
per 175
8
Store
SF GFA
8
8
Y
TOTAL SPACES REQUIRED
7
1
7
1
Y
Regular and Handicap Spaces Required
Loading
Less than
1,400 SF
1
1
Y
Spaces
10,000 SF
SS
Waivers
Requirement
19.08.040(B)(6): Buildings on
corner lots to be oriented to the
corner and street fronts, with
parking and curb cuts away from
corners
Request
Staff Recommendation
Denial
ANALYSIS
The proposed development is subject to Title 19 requirements for zoning and design. It is not
part of any special plan area. The site falls within the 140-foot radius of the Airport Overlay
District; maximum height of the gasoline canopy is proposed to be 23 feet, well within the height
limitation. The development is in conformance with the requirements of the C-2 (General
Commercial) zoning district, which allows general retail uses such as the proposed convenience
store.
Title 19.08.040(B)(6) requires buildings on corners to be oriented to the setback lines to form a
street edge, with parking located to the side or rear of the buildings. The proposed convenience
store is designed in the middle of what is intended to be a future corner parcel, with fuel canopies
extending west and east from the building. Two-way traffic would circulate around the
perimeter of the building and canopies, and parking would be situated on the south side of the
parcel. The applicant claims that the building must be situated away from the setback lines to
ameliorate safety and visibility concerns and therefore requests a waiver. As the site is currently
undeveloped with no extraordinary physical characteristics of the land, staff recommends that the
waiver be denied and that the building be oriented to the street fronts with the canopy facing the
site interior. It is noted that the commercial development at the northwest corner of Craig Road
and Jones Boulevard contain buildings that are oriented to the street frontages at the setback
lines.
Although a shopping center is being planned on the larger commercial subdivision by another
applicant, an overall site plan for a shopping center has not been submitted or approved. Until
that time, this project must be treated as a standalone general retail store. The submitted plan
shows conformance to the retail parking standard, and a loading space is made available for
deliveries to the convenience store.
A tentative map for integration of this site into a larger one-lot commercial subdivision has been
approved; however, a final map has not yet been recorded. As this site is part of a larger 24-acre
parcel, perimeter buffers on the south and west sides of the expected 1.06-acre parcel are not
required. The applicant has provided the required perimeter buffers in case of future mapping
that would separate the site from the remainder of the planned shopping center. Landscaping
includes the use of 24-inch box Chinese Pistache and California Fan Palm trees on the perimeter
SS
and 24-inch box African Sumac trees in the parking area. On the technical landscape plan to be
submitted for building permit, the palm trees must be indicated at 15-foot brown trunk height (12
feet is indicated on the conceptual landscape plan); this is reiterated in an if-approved
condition.
A plan for the phased development of the future overall shopping center site was submitted to
Public Works staff as part of the approved tentative map (TMP-60902) for the commercial
subdivision. This plan was agreeable to Public Works. The first phase includes the subject site
and additional land west and south. Craig Road and Jones Boulevard currently are improved
with attached sidewalks. Per Title 19.04.010(B), Public Works has the authority to determine the
extent to which Complete Streets Standards may be implemented for development adjacent to
existing improvements. Detached sidewalks will not be required with this submittal. The site
plan shows the existing attached sidewalks along the two streets.
Traffic Engineering estimates that this project will add approximately 2,604 trips per day on
Craig Road, Jones Boulevard and Rancho Drive. Craig Road is currently at about 65 percent of
capacity, Jones Boulevard is at about 41 percent of capacity and Rancho Drive is at about 47
percent of capacity. After this project, Craig Road is expected to be at about 70 percent of
capacity, Jones Boulevard to be at about 47 percent of capacity and Rancho Drive to be at about
48 percent of capacity. Based on peak hour use, this development will add into the area roughly
214 additional cars, or about seven every two minutes. The proposed access will not negatively
affect traffic in this area.
The convenience store elevations utilize a light sandstone brick veneer on all sides, with a lighter
colored brick for accent near the base and a red painted popout for visual interest. The building
is approximately 14 feet tall with a white painted metal cornice and a flat roof. The fuel canopy
is 22 feet 6 inches in height and contains the same brick veneer design on the columns. The roof
consists of a mansard with terra cotta concrete tiles and painted aluminum fascia on all sides.
Faux windows would be placed on the north elevation to give character to the faade. This
design is compatible with the convenience store design and with commercial development on
parcels in the area.
The Beer/Wine/Cooler Off-Sale Establishment use is defined by Title 19.18 as the following:
An establishment whose license to sell alcoholic beverages is limited to the sale of beer, wine
and coolers to consumers only and not for resale, in original sealed or corked containers, for
consumption off the premises where the same are sold, and is operated in connection with a
grocery store, drugstore, convenience store or specialty merchandise store.
The proposed use meets the definition, as only beer, wine and wine coolers are proposed to be
sold in connection with a convenience store in their original sealed containers for off-premises
consumption. The floor plan indicates that beer, wine and wine coolers would be located within
a bank of coolers and endcap shelves near the store entrance.
SS
The Minimum Special Use Permit Requirements for this use include:
1. Except as otherwise provided, no beer/wine/cooler off-sale establishment (hereinafter
establishment) shall be located within 400 feet of any church/house of worship, school,
individual care center licensed for more than 12 children, or City park. (nonwaivable)
The proposed use meets this requirement, as there are no protected uses within 400 feet
of the subject site.
2. Except as otherwise provided in Requirement 3 below, the distances referred to in
Requirement 1 shall be determined with reference to the shortest distance between two
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. (nonwaivable)
Measurement is taken from the boundaries of the existing 24-acre parcel.
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.
(nonwaivable)
This requirement does not apply, as the parcel is less than 80 acres in size.
4. When considering a Special Use Permit application for an establishment which also
requires a waiver of the distance limitation in Requirement 1, the Planning Commission
shall take into consideration the distance policy and shall, as part of its recommendation
to the City Council, state whether the distance requirement should be waived and the
reasons in support of the decision.
SS
SS
The Beer/Wine/Cooler Off-Sale Establishment use is appropriate at this location. The proposed
convenience store would be located along two major thoroughfares in Craig Road and Jones
Boulevard. Commercial development is also located at the other three corners of this
intersection. There are no protected uses within 400 feet of not only the southwest corner, but
also the entire 24-acre parcel on which the proposed development currently is situated.
However, as staff is recommending denial of the associated Site Development Plan Review, it
must also recommend denial of the proposed Special Use Permit.
FINDINGS (SUP-61781)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
1.
The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
The proposed Beer/Wine/Cooler Off-Sale Establishment would be operated within a
proposed convenience store in a predominately commercial area along two major
thoroughfares. It can be conducted in a manner that is harmonious and compatible with
surrounding land uses; however, as staff recommends denial of the companion Site
Development Plan Review application, staff also recommends that the Special Use Permit
request be denied.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The present site covers 24 acres and has access on three sides. Sufficient parking is
provided to meet the needs of the building apart from the fuel stations.
3.
Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
Craig Road is classified as a Parkway Arterial and Jones Boulevard is a Primary Arterial.
Both roadways are adequate in size to meet the needs of the proposed Beer/Wine/Cooler
Off-Sale Establishment use.
4.
Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
The proposed alcohol use will be subject to routine inspection for compliance, thereby
safeguarding the public health, safety and welfare.
SS
5.
The use meets all of the applicable conditions per Title 19.12.
No protected uses are located within 400 feet of the subject property. Other requirements
either do not apply or are enforced through conditions of approval.
FINDINGS (SDR-61785)
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.
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;
The proposed development requires a waiver of building placement standards to allow the
convenience store to be set back from the corner street edges. The development otherwise
is in conformance with Title 19 requirements for commercial projects.
3.
4.
Building and landscape materials are appropriate for the area and for the City;
SS
Building materials consist of wood, metal and stucco, with a brick veneer for the facades
and concrete tile for the canopy roof. These materials are appropriate for the area.
Drought-tolerant landscaping is used in sufficient quantities and in the appropriate areas
for shading and aesthetics.
5.
6.
Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
The proposed development will be subject to permit review and inspection, thereby
protecting the public health, safety and general welfare.
NOTICES MAILED
654
APPROVALS
PROTESTS
24
SS
SUP-61781
SUP-61781
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SUP-61781 [PRJ-61694] - SPECIAL USE PERMIT RELATED TO SDR-61785 - APPLICANT: MURPHY OIL,
USA - OWNER: PARRIS ROBINSON EASTERN, LLC
SOUTHWEST CORNER OF CRAIG ROAD AND JONES BOULEVARD
10/29/15
SUP-61781 [PRJ-61694] - SPECIAL USE PERMIT RELATED TO SDR-61785 - APPLICANT: MURPHY OIL,
USA - OWNER: PARRIS ROBINSON EASTERN, LLC
SOUTHWEST CORNER OF CRAIG ROAD AND JONES BOULEVARD
10/29/15
SUP-61781 [PRJ-61694] - SPECIAL USE PERMIT RELATED TO SDR-61785 - APPLICANT: MURPHY OIL,
USA - OWNER: PARRIS ROBINSON EASTERN, LLC
SOUTHWEST CORNER OF CRAIG ROAD AND JONES BOULEVARD
10/29/15
Discussion
SUBJECT:
SDR-61785 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-61781 - PUBLIC
HEARING - APPLICANT: MURPHY OIL, USA - OWNER: PARRIS ROBINSON EASTERN,
LLC - For possible action on a request for a Site Development Plan Review FOR A PROPOSED
1,400 SQUARE-FOOT GENERAL RETAIL STORE (CONVENIENCE STORE WITH FUEL
PUMPS) WITH A WAIVER TO NOT ORIENT THE BUILDING TO THE CORNER WHERE
SUCH IS REQUIRED on a 1.06-acre portion of a 24.06-acre parcel at the southwest corner of
Craig Road and Jones Boulevard (portion of APN 138-02-702-001), C-2 (General Commercial)
Zone, Ward 4 (Anthony) [PRJ-61694]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
SDR-61785
Discussion
SUBJECT:
SUP-61789 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: RED HOOK
CAPITAL PARTNERS II, LLC - OWNER: WELLS FARGO BANK, N.A. TRUST - For
possible action on a request for a Special Use Permit FOR A PROPOSED PUBLIC OR
PRIVATE SCHOOL, PRIMARY at 7951 West Deer Springs Way (APN 125-21-710-008), T-C
(Town Center) Zone [SX-TC (Suburban Mixed Use - Town Center) Special Land Use
Designation], Ward 6 (Ross) [PRJ-61708]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - SUP-61789 and SDR-61790 [PRJ-61708]
2. Conditions and Staff Report - SUP-61789 and SDR-61790 [PRJ-61708]
3. Supporting Documentation - SUP-61789 and SDR-61790 [PRJ-61708]
4. Photo(s) - SUP-61789 and SDR-61790 [PRJ-61708]
5. Justification Letter - SUP-61789 and SDR-61790 [PRJ-61708]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-61789
SDR-61790
RECOMMENDATION
Staff recommends APPROVAL, subject to conditions:
Staff recommends APPROVAL, subject to conditions:
REQUIRED FOR
APPROVAL
SUP-61789
** CONDITIONS **
SUP-61789 CONDITIONS
Planning
1.
There shall be a Required Review of the Special Use Permit at a public hearing to be
scheduled one year from the issuance of a business license for the school, or from the
issuance of a Certificate of Occupancy if no business license is issued.
2.
3.
Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-61790) shall be required.
4.
Conformance to the approved conditions for Rezoning (Z-0076-98) and Site Development
Plan Review (SDR-2310), except as amended by conditions herein.
5.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
6.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
SS
7.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit, as well as submitted as part of any business license application.
8.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
Public Works
9.
A pick-up and drop-off and site circulation plan detailing school operations shall be
submitted to and approved by the City Traffic Engineer. All construction to designate the
surrounding area as a school zone required in the approved traffic plan shall be installed
and operational prior to operating as a school.
10.
Prior to operating as a school, construct school zone flashers on Deer Springs Way meeting
the approval of the City Traffic Engineer unless specifically not required in the approved
Traffic Impact Analysis.
11.
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.
12.
There shall be an administrative review 60 days after the school has opened to ensure
compliance with the approved Traffic Impact Analysis as it relates to the school pick-up
and drop-off plan and the overall school traffic operations. Corrections for any noncompliance must be completed by the applicant within 60 days of written notice from the
City.
SS
SDR-61790 CONDITIONS
Planning
1.
Approval of and conformance to the Conditions of Approval for Special Use Permit (SUP61789) shall be required, if approved.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
All development shall be in conformance with the site plan, landscape plan, and building
elevations, date stamped 10/21/15, except as amended by conditions herein.
4.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
6.
7.
All City Code requirements and design standards of all City Departments must be satisfied,
except as modified herein.
Public Works
8.
Correct all Americans with Disabilities Act (ADA) deficiencies on the sidewalk ramps
accessing this site on Sky Pointe Drive and on the sidewalk ramps and the sidewalk
adjacent to this site on Deer Springs Road in accordance with code requirements of Title
13.56.040 to the satisfaction of the City Engineer concurrent with development of this site.
All existing paving damaged or removed by this development shall be restored at its
original location and to its original width concurrent with development of this site.
SS
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is proposing to locate a public charter school in a closed campus setting on a
developed 2.22-acre parcel within an existing commercial subdivision. The existing 36,205
square-foot building is two stories in height and contains classrooms, offices, a library,
auditorium and activity areas. The expected number of students is 624 in grades K-5 within 30
classrooms. The building was previously used as a College/University (University of Phoenix).
No new building faade work is proposed. Access to the site is provided from Deer Springs
Way, which is fully improved and classified as a Town Center Arterial.
Pick up and drop off times will be staggered in the morning and afternoon. Vehicles would enter
the site from Deer Springs Way and exit either to Deer Springs Way or Sky Pointe Drive using
the routes indicated on the provided circulation plan.
A new play area of approximately 6,500 square feet is proposed at the rear of the existing
building, to be enclosed by a six-foot wrought iron fence. A portion of the play area interior will
be covered by synthetic turf. Asphalt and parking spaces (14 in total) would be removed to
accommodate the play area. Vehicular access is still possible to the rear, although there would
be rolling gates to restrict access. The access would be separated from the play area by a six-foot
wrought iron fence and three-foot planter area.
In its current configuration, there are still undeveloped pad sites adjacent to the proposed school
site. At this time the only valid entitlement that remains in these vacant areas is for the original
buildings on the perimeter and parking lot on the interior. Development of the proposed school
must be sensitive to this future development due to possible negative effects from onsite traffic
and noise from the play area. Additional screening and a more specific traffic analysis may be
needed to ensure the school can operate in a harmonious and compatible manner with the
adjacent commercial and office uses. The removal of rear parking spaces to provide for the
proposed plan area will not cause the commercial subdivision to be underparked. Staff therefore
recommends approval of the Special Use Permit and Site Development Plan Review requests
with conditions.
ISSUES
A Public or Private School, Primary use is permitted in the SX-TC (Suburban Mixed Use
Town Center) district with the approval of a Special Use Permit.
A traffic impact analysis is required prior to issuance of permits related to the school. A
follow-up administrative review will be required 60 days after the school opens to assess
implementation of the traffic study.
SS
A required review of the Special Use Permit will be required as a condition of approval to
assess the impacts of the school. The review shall be held at a public hearing no later than
one year following the issuance of a business license for the school, or the issuance of a
certificate of occupancy if no business license is issued.
The proposed play area may impact adjacent portions of the commercial subdivision in terms
of unwanted noise. The proposed wrought iron fence and landscaping may not adequately
address this issue as future development is introduced on adjacent parcels.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a Rezoning (Z-0036-98) to PD (Planned
Development) on 32.68 acres on the south side of Deer Springs Way, west of
09/09/98
the Conough Lane alignment. The approval included a master development
plan and development standards for the Cimarron Springs Mixed Use
Development. The Planning Commission and staff recommended denial.
The City Council approved a Rezoning (Z-0076-98) from PD (Planned
Development) to T-C (Town Center) on the subject site as part of a larger
12/07/98
request. The subject site was designated SX-TC (Suburban Mixed Use
Town Center) by this plan.
The Planning Commission and staff
recommended approval.
The City Council approved a Site Development Plan Review [Z-0076-98(2)]
for a proposed 272-unit apartment complex on 13.89 acres on the south side
of Deer Springs Way, approximately 1,280 feet east of Cimarron Road. The
Planning Commission and staff recommended approval.
02/22/99
The City Council approved a Site Development Plan Review [Z-0076-98(3)]
for a proposed 149,455 square-foot commercial retail center on 15.20 acres on
the south side of Deer Springs Way, east of Sky Pointe Drive. The Planning
Commission and staff recommended approval.
A Final Map (FM-0085-99) for a one-lot commercial subdivision on 12.11
03/13/00
acres at the southeast corner of Deer Springs Way and Cimarron Road was
recorded.
The City Council approved a request for a Site Development Plan Review
(SDR-2310) for a proposed two-story, 47,075 square-foot educational
08/06/03
building on 4.64 acres adjacent to the east side of Cimarron Road,
approximately 150 feet north of Sky Pointe Drive. The Planning Commission
recommended approval; staff recommended denial.
The Planning Commission approved request for a Site Development Plan
Review (SDR-2675) for a proposed 30,376 square-foot office building at the
08/28/03
southeast corner of Cimarron Road and Deer Springs Way.
Staff
recommended approval.
SS
SS
Pre-Application Meeting
Submittal requirements for a Special Use Permit and Site Development Plan
Review applications were discussed. No new facade work is proposed; only
the playground area and associated rear landscaping. Public Works indicated
10/15/15
that a traffic study would be required prior to the opening of the school that
addresses pick-up and drop-off circulation and the need for flashers along
Deer Springs Way.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
10/29/15
The site contains an existing office building within a larger commercial area
in good condition. The rear contains standard parking spaces and landscape
islands adjacent to an asphalted driveway. There is no separation between the
driveway and vacant land to the south.
Surrounding
Property
Subject Property
College, University
or Seminary
North
South
East
West
Planned or Special
Land Use Designation
SX-TC (Suburban
Mixed Use Town
Center)
SX-TC (Suburban
Mixed Use Town
Center)
SX-TC (Suburban
Mixed Use Town
Center)
SX-TC (Suburban
Mixed Use Town
Center)
SX-TC (Suburban
Mixed Use Town
Center)
SS
Compliance
Y
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Street Name
Functional
Classification of
Street(s)
Major Collector
Town Center
Arterial (Special
Design Roadway)
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
84
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
Public or
3 spaces
Private
30 classrooms
per
90
School,
classroom
Primary
90
140
Y
TOTAL SPACES REQUIRED
86
4
136
4
Y
Regular and Handicap Spaces Required
Loading
30-50,000
36,205 SF
3
7
Y
Spaces
SF
* These standards apply only to the record of survey parcel containing the proposed school and
not the overall commercial subdivision.
SS
ANALYSIS
The standards contained in the Town Center Development Standards Manual apply to this
request. Regulations not covered by the Town Center Development Standards Manual revert to
LVMC Title 19 unless otherwise stated. There are no additional overlay regulations that apply to
this site.
The Public or Private School, Primary use is defined by Title 19.18 as, An institution that
provides kindergarten through 8th grade education and is supported by a public, religious or
private organization. The proposed use meets the definition, as a private organization is
supporting a public charter school offering educational classes for students in kindergarten
through 5th grade. Approximately 625 students are expected to occupy the building, along with
35 faculty and staff members.
The Town Center Development Standards Manual provides the following minimum
requirements for Special Use Permit:
1. May not locate adjacent to, nor have direct access/egress to [a] Main Street, Parkway or
Primary Arterial in the Town Center.
The proposed use meets this requirement, as access would be taken from Deer Springs
Way, an 84-foot wide Town Center Arterial. Egress is planned to Sky Pointe Drive, a 90foot wide Town Center Loop Road.
2. Requires a Site Development Plan Review by the Planning Commission.
The proposed use meets this requirement, as the applicant has submitted for a Site
Development Plan Review for the school and its accompanying play area.
The use is located within a 12-acre commercial subdivision that lies south of Deer Springs Way,
east of Cimarron Road and northeast of Sky Pointe Drive in Town Center. This development
features a convenience store and other retail uses along Sky Pointe and office uses along Deer
Springs Way and adjacent to a multi-family residential development. Areas of the development
to the west and south of the proposed school remain vacant. Property to the west was entitled for
an office building in 2005 but has since expired. The vacant area to the south was to contain
additional parking according to the original site approval; no new buildings have been proposed
on this site since the original approval. The school lies on its own parcel that is interior to the
site and without street frontage. Additional parking is available to the north of the school parcel,
but the applicant intends to keep the parcel self-parked as it (the parcel) historically has been on
this site. At the time the commercial subdivision map was recorded, the City did not require
notes regarding intersite access, shared parking and drainage rights as is required by code today.
Because it was recorded as a one-lot commercial subdivision, the intent should be maintained;
however, it is noted that legal shared access, parking and drainage rights in this property are not
defined by the map and may be privately stated.
SS
Although the parcel is located within a commercial subdivision, a school is not within the scope
of a shopping center use, which typically includes retail, restaurant and office uses. The Title 19
primary school parking requirement of three spaces per classroom will be applied, for a total of
90 required spaces. The addition of the play area will require removal of 14 existing parking
spaces. Even with a reduced number of spaces, the school site provides a surplus of parking.
For reference, the entire commercial subdivision currently provides 561 spaces; the number of
spaces would be reduced to 547 with this request. Currently, there is an excess of 197 spaces in
the development. The vacant areas are no longer entitled for specific uses other than speculative
retail suites. The original approved commercial center required a total of 598 parking spaces,
based on one space per 250 square feet of general retail uses. A total of 644 spaces was
proposed to be provided at total buildout.
149,455 SF
Parking
Ratio
1 space
per 250
SF GFA
Required
Parking
HandiRegular
capped
Provided
Parking
HandiRegular
capped
598
598
586
12
644
625
19
Parking Requirements of existing uses (does not use Shopping Center parking ratio)
Required
Provided
Gross Floor
Parking
Parking
Area or
Use
Parking
Number of
HandiHandiRatio
Regular
Regular
Units
capped
capped
Convenience
1 space
Store (Parcel
3,778 SF
per 250
16
14
A)
SF GFA
College/
1 space
36,205 SF
University
per 4
87
154
(347 students)
(Parcel B)
students
Office, Other
1 space
Than Listed
31,010 SF
per 300
104
153
(Parcel C)
SF GFA
1 space
General Retail
10,199 SF
per 250
41
43
(Parcel D)
SF GFA
SS
Parking Requirements of existing uses (does not use Shopping Center parking ratio)
Required
Provided
Gross Floor
Parking
Parking
Area or
Use
Parking
Number of
HandiHandiRatio
Regular
Regular
Units
capped
capped
Undeveloped
1 space
Parcels (E, F,
--per 250
--197
G)
SF GFA
248
561
TOTAL SPACES REQUIRED
241
7
547
14
Regular and Handicap Spaces Required
All site and parking lot landscaping is existing, and no new landscaping is required as a result of
this request. Deer Springs Way adjacent to the site is completely improved to Town Center
Standards. The applicant is requesting to add a three-foot curbed landscape planter between the
proposed wrought iron fence and play area, to include shrubs and vines for screening. Many of
the existing shade trees and shrubs will be moved from the displaced parking planters in the rear
to the planter area in front of the fence. The new landscaping will add minimally to the interior
open space provided throughout the development. Notwithstanding the proposed vines, there is
a concern that noise from the play area would not be attenuated by the open fencing (wrought
iron) and may negatively affect nearby office and retail developments within the commercial
subdivision. A block wall would be more effective at screening sound coming from the school
property.
Per Town Center Development Standards Section B.4.B(40), minimum Special Use Permit
requirements for Public and Private School uses require a Site Development Plan Review to be
heard by the Planning Commission. The school may not locate adjacent to or have direct access
to a Primary, Parkway or Main Street Arterial. The proposed school meets this condition, as
Deer Springs Way is classified as a major collector street (Town Center Arterial) by the Town
Center Development Standards Manual. No pedestrian access is planned to the school site from
the adjacent multi-family residential development to the east.
A site circulation plan was submitted that includes drop-off and pick-up areas on the school
parcel. During staggered morning and afternoon periods, traffic would enter from the
easternmost driveway on Deer Springs Way and circulate through the parcel to the north to
arrive at two pick-up and drop-off zones to the east of the school building, or to a zone located in
front of the building. Traffic may then exit onto Deer Springs Way to the north or to Sky Pointe
Drive to the south. It is unclear from the exhibit how traffic flow would be restricted to one-way
movements throughout the development so as to eliminate conflicts. Staggering the drop-off and
pick-up times will reduce the amount of traffic entering and exiting the site; however, there will
be greater impact to the site once the parcels that are currently vacant become developed.
SS
A traffic study is required prior to the opening of the school. The results of the study may
prompt the need for school flashers on Deer Springs Way. If not already, driveways from Deer
Springs Way must be brought up to code. An administrative review of the traffic study will be
required 60 days after opening to verify whether the study is being properly implemented.
This project will add approximately 1,548 trips per day on Deer Springs Way, Cimarron Road
and Sky Pointe Drive. Deer Springs Way is currently at about 14 percent of capacity, Cimarron
Road is at about eight percent of capacity and Sky Pointe Drive is at about 32 percent of
capacity. After this project, Deer Springs Way is expected to be at about 19 percent of capacity,
Cimarron Road to be at about 13 percent of capacity and Sky Pointe Drive to be at about 32
percent of capacity. Based on peak hour use, this development will add into the area roughly
562 additional cars, or about nine every minute.
The proposed school can be operated in a harmonious and compatible manner with the adjacent
commercial and office uses if onsite traffic can adequately be managed and sound impacts from
the play area are mitigated. With proper implementation of the plans, drop-off and pick-up will
not adversely affect site circulation or traffic on the adjacent streets. Staff therefore recommends
approval of the Special Use Permit and Site Development Plan Review requests with conditions
that include a one-year required review at a public hearing to discuss the appropriateness of the
Special Use Permit.
FINDINGS (SUP-61789)
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 school would be located within an existing commercial center that contains
retail, restaurant and office uses. Most activity would be contained within an existing
building, but a new play area is proposed behind the building that could have noise
impacts on existing and future development. If traffic related to student pick-up and dropoff is mismanaged, it could also create congestion, which would negatively affect the
existing development.
2.The subject site is physically suitable for the type and intensity of land use proposed.
SS
The subject site can accommodate the existing building and sufficient parking to meet the
projected number of classrooms for the school. The applicant has provided ample drop-off
and pick-up areas near the building and a site circulation plan to address traffic; however,
the circulation plan must be more specific and sensitive to future buildout of the existing
commercial center. A review of the Special Use Permit will be required no more than one
year after issuance of a business license for the school or a certificate of occupancy if no
license is issued.
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.
Deer Springs Way, an 84-foot Town Center Arterial, provides primary access to the site.
Secondary access is provided from other parts of the commercial subdivision by way of
Cimarron Road and Sky Pointe Drive. These roadways are sufficient in size to meet the
requirements of the proposed school. A traffic study will determine the need for school
flashers on Deer Springs Way; the study will be assessed in a review 60 days after the
school opens, if approved.
4.
Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
The school will be subject to local permit reviews and inspections and state licensing
regulations; therefore, the public health, safety and welfare will be protected.
5.
The use meets all of the applicable conditions per the Town Center Development
Standards Manual.
A Site Development Plan Review is required to be heard by the Planning Commission.
This request satisfies the condition. In addition, the proposed school will be located along
a Town Center Arterial, a Town Center Loop Road and a Town Center Collector, all of
which are permissible by this use.
FINDINGS (SDR-61790)
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.
SS
The proposed school would be located within an existing building that was previously
approved for a College. The site contains ample parking to accommodate the use. There
are concerns about a school, which has its own needs in terms of traffic circulation and
safety, sharing the same area as retail and office uses. With adequate screening of the play
area and a specific onsite traffic management plan with staggered pick-up and drop-off
times, the proposed development can be compatible with the adjacent development.
2.
The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other dulyadopted city plans, policies and standards;
The proposed development meets all relevant Title 19 and Town Center Development
Standards. No waivers of standards are necessary.
3.
4.
Building and landscape materials are appropriate for the area and for the City;
The only new building materials proposed will be wrought iron fencing and a new planter
for transplanted landscaping, both at the rear of the existing building. A solid block wall is
recommended along the south side of the play area to attenuate noise throughout the
commercial center but especially to development on the adjacent vacant parcels.
5.
SS
6.
Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
The new play area will be subject to permit review and inspection, thereby protecting the
health, safety and welfare of the public.
NOTICES MAILED
528
APPROVALS
PROTESTS
30
SS
SUP-61789
SUP-61789
SUP-61789
SUP-61789 [PRJ-61708] - SPECIAL USE PERMIT RELATED TO SDR-61790 - APPLICANT: RED HOOK
CAPITAL PARTNERS II, LLC - OWNER: WELLS FARGO BANK, N.A. TRUST
7951 WEST DEER SPRINGS WAY
10/29/15
SUP-61789 [PRJ-61708] - SPECIAL USE PERMIT RELATED TO SDR-61790 - APPLICANT: RED HOOK
CAPITAL PARTNERS II, LLC - OWNER: WELLS FARGO BANK, N.A. TRUST
7951 WEST DEER SPRINGS WAY
10/29/15
SUP-61789 [PRJ-61708] - SPECIAL USE PERMIT RELATED TO SDR-61790 - APPLICANT: RED HOOK
CAPITAL PARTNERS II, LLC - OWNER: WELLS FARGO BANK, N.A. TRUST
7951 WEST DEER SPRINGS WAY
10/29/15
Discussion
SUBJECT:
SDR-61790 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-61789 - PUBLIC
HEARING - APPLICANT: RED HOOK CAPITAL PARTNERS II, LLC - OWNER: WELLS
FARGO BANK, N.A. TRUST - For possible action on a request for a Site Development Plan
Review FOR A 36,205 SQUARE-FOOT PUBLIC SCHOOL, PRIMARY WITHIN AN
EXISTING BUILDING AND AN OUTDOOR PLAYGROUND on 2.22 acres at 7951 West
Deer Springs Way (APN 125-21-710-008), T-C (Town Center) Zone [SX-TC (Suburban Mixed
Use - Town Center) Special Land Use Designation], Ward 6 (Ross) [PRJ-61708]. Staff
recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
SDR-61790
SDR-61790
SDR-61790
Discussion
SUBJECT:
SDR-61799 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING - APPLICANT:
DESERT GYMCATS - OWNER: THE LAKES LUTHERAN CHURCH - For possible action
on a request for a Site Development Plan Review FOR A PROPOSED 18,100 SQUARE-FOOT
COMMERCIAL RECREATION/AMUSEMENT (INDOOR) [GYM] FACILITY WITH A
WAIVER TO ALLOW A SIX-FOOT LANDSCAPE BUFFER ON A PORTION OF THE
WEST PERIMETER WHERE EIGHT FEET IS REQUIRED on 3.88 acres at 8200 West Sahara
Avenue (APN: 163-04-408-003), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ60218]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 1/20/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
SDR-61799 [PRJ-60218]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SDR-61799
RECOMMENDATION
REQUIRED FOR
APPROVAL
** CONDITIONS **
SDR-61799 CONDITIONS
Planning
1.
2.
Conformance to the approved conditions for Site Development Plan Review (SDR-1968),
except as amended within.
3.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
4.
All development shall be in conformance with the site plan, landscape plan, and building
elevations, date stamped 10/22/15, except as amended by conditions herein.
5.
A Waiver from Title 19.08.070 is hereby approved, to allow a six-foot landscape buffer a
portion of the western perimeter where an eight-foot landscape buffer is the minimum
required.
6.
SDR-61799 [PRJ-60218]
Conditions Page Two
December 8, 2015 - Planning Commission Meeting
7.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
8.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
9.
10.
A fully operational fire protection system, including fire apparatus roads, fire hydrants and
water supply, shall be installed and shall be functioning prior to construction of any
combustible structures.
11.
All City Code requirements and design standards of all City Departments must be satisfied,
except as modified herein.
Public Works
12.
Remove all substandard public street improvements and unused driveway cuts adjacent to
this site, if any, and replace with new improvements meeting current City Standards
concurrent with development of this site. There shall be no sidewalk installed on the south
side of Via Olivero Avenue.
13.
Landscape and maintain all unimproved rights-of-way on Cimarron Road and Via Olivero
Avenue adjacent to this site. All landscaping and private improvements installed with this
project shall be situated and maintained so as to not create sight visibility obstructions for
vehicular traffic at all development access drives and abutting street intersections.
14.
SDR-61799 [PRJ-60218]
Conditions Page Three
December 8, 2015 - Planning Commission Meeting
15.
A Drainage Plan and Technical Drainage Study must be submitted to and approved by the
Department of Public Works prior to the issuance of any building or grading permits,
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.
JB
SDR-61799 [PRJ-60218]
Staff Report Page One
December 8, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Site Development Plan Review for a proposed Commercial
Recreation/Amusement (Indoor) [Gym] totaling 18,100 square feet on 3.88 acres at 8200 West
Sahara Avenue. The applicant has requested a Waiver to allow a six-foot wide landscape buffer
along the west perimeter of the subject site where eight feet is the minimum required. Staff has
determined the proposed project is compatible with surrounding development in the area, and the
requested landscaping Waiver will have a minimal negative impact to the residential
development to the north, and commercial developments to the west, east and south. Therefore,
staff is recommends approval of this project with conditions.
ISSUES
A Waiver of Title 19.08.070 landscaping requirements have been requested to allow a sixfoot wide landscape buffer along the west perimeter of the subject site where eight feet is the
minimum required.
The applicant has requested an Exception of interior parking lot materials to allow parkinglot islands between every seven spaces along the western perimeter of the subject site, where
islands are required between every six parking spaces.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a request for a Reclassification of Property (Z0043-93) from N-U (Non-Urban) to C-V (Civic) and Plot Plan Review for a
07/07/93
proposed church located at the northwest corner of Sahara Avenue and
Cimarron Road. The Planning Commission recommended approval of the
request.
The Planning Commission approved a request for a Site Development Plan
04/24/03
Review (SDR-1968) for a 4,840 square-foot addition to an existing church at
8200 West Sahara Avenue. Staff recommended approval of the request.
The City Council approved a request to Amend a portion of the Southwest
Sector Plan of the General Plan (GPA-34600) from R (Rural Density
08/05/09
Residential) to SC (Service Commercial) on 1.12 acres at 8200 West Sahara
Avenue. The Planning Commission and staff recommended approval of the
request.
JB
SDR-61799 [PRJ-60218]
Staff Report Page Two
December 8, 2015 - Planning Commission Meeting
SDR-61799 [PRJ-60218]
Staff Report Page Three
December 8, 2015 - Planning Commission Meeting
JB
SDR-61799 [PRJ-60218]
Staff Report Page Four
December 8, 2015 - Planning Commission Meeting
Pre-Application Meeting
Staff met with the applicant to review the requirements submittal procedures
for a Site Development Plan Review for a proposed 18,100 square-foot
07/15/15
commercial development with waivers of the required landscape buffer
widths.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
11/26/15
During a routine site inspection staff noticed the subject site is partially
developed with one existing structure which operates as a Church/House of
Worship, which was well maintained free from trash and debris.
JB
SDR-61799 [PRJ-60218]
Staff Report Page Five
December 8, 2015 - Planning Commission Meeting
Surrounding
Property
Planned or Special
Land Use
Designation
Subject Property
Church/House of
Worship
Commercial
Recreation/Amusement
(Indoor) [Gym]
SC (Service
Commercial)
C-1 (Limited
Commercial)
North
Single-Family
Residential
DR (Desert Rural
Density Residential)
R-PD2 (Residential
Planned Development 2
Units per Acre)
South
CN (Commercial
Neighborhood)
Clark County
East
West
Financial
Establishment, General
Office, Other than
Listed
Office, Other than
Listed
Office, Other than
Listed
Office, Medical or
Dental
SC (Service
Commercial)
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)
O (Office)
SC (Service
Commercial)
C-1 (Limited
Commercial)
Compliance
N/A
Compliance
N/A
Compliance
N/A
N/A
N/A
N/A
JB
SDR-61799 [PRJ-60218]
Staff Report Page Six
December 8, 2015 - Planning Commission Meeting
DEVELOPMENT STANDARDS
Pursuant to 19.08.070, the following standards apply:
Standard
Required/Allowed
Min. Lot Width
100 Feet
Min. Setbacks
Front
10 Feet
Side
10 Feet
Corner
10 Feet
20 Feet
Rear
Max. Lot Coverage
50 %
Max. Building Height
58 Feet
Provided
240 Feet
Compliance
Y
330 Feet
Y
84 Feet
Y
78 Feet
Y
81 Feet
Y
19 %
Y
35 Feet
Y*
Screened,
Gated, w/
Trash Enclosure
Y
Screened, Gated, w/ a Roof or
a Roof or Trellis
Trellis
Mech. Equipment
Screened
Screened
Y
*Building height is affected by residential adjacency standards set forth in LVMC 19.08.040(H),
there are single-family residential properties which are zoned R-E (Residence Estates) located
176 feet to the northwest of the subject site.
Provided
Compliance
9 Trees
8 Trees
17 Trees
Y
Y
Y
12 Trees
N*
JB
SDR-61799 [PRJ-60218]
Staff Report Page Seven
December 8, 2015 - Planning Commission Meeting
Street Name
Functional
Classification of
Street(s)
Sahara Avenue
Primary Arterial
Cimarron Road
Major Collector
Governing Document
Master Plan of Streets
and Highways
Master Plan of Streets
and Highways
Actual
Street Width
(Feet)
Compliance
with Street
Section
150
80
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
13,702 SF
1:100 of
(4, 200 SF of non-fixed
Church/House non-fixed
seating
42
of Worship
seating
area in the
gathering
gathering
space)
room
Commercial
Recreation/A
musement
18,100 SF
1:200 SF
91
(Indoor)
[Gym]
JB
SDR-61799 [PRJ-60218]
Staff Report Page Eight
December 8, 2015 - Planning Commission Meeting
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
133
174
Y
TOTAL SPACES REQUIRED
128
5
165
9
Y
Regular and Handicap Spaces Required
Loading
31,802 SF
0
2
Y
Spaces
Waivers
Requirement
An eight-foot landscape buffer
is required along all interior lot
lines.
Exceptions
Requirement
Parking-lot islands are required
between every six parking
spaces
Request
to allow a six-foot
landscape buffer along
the west perimeter of
the subject site where
an eight-foot landscape
buffer is required
Staff Recommendation
Request
To allow parking-lot
islands between every
seven spaces
Staff Recommendation
Approval
Approval
ANALYSIS
The subject site is located in the C-1 (Limited Commercial) zoning district, which allows for
retail and commercial uses of a medium-to-low intensity character. The subject site is partially
developed with one existing 13,702 square-foot structure which operates as a Church/House of
Worship land use. The applicant has proposed to develop an undeveloped portion of the 3.88
acre subject site, with a proposed Commercial Recreation/Amusement (Indoor) [Gym] totaling
18,100 square feet at 8200 West Sahara Avenue.
The proposed site design complies with all applicable Title19.08.070 site design requirements
pertaining to building setbacks, which requires a 20-foot front yard setback and 10-foot distance
separation from the side, corner and rear property lines. The proposed building will increase the
JB
SDR-61799 [PRJ-60218]
Staff Report Page Nine
December 8, 2015 - Planning Commission Meeting
lot coverage on-site to approximately 19% of the 3.88 acres site, which is below the 50% lot
coverage maximum allowed by code. The proposed building is 35 feet in height measured to the
top of the parapet. The submitted building elevations indicate the building faades will have a bicolor Granite Cliff and Weathered White plaster finish with a decorative Boral Cultured
Stone stacked veneer accents.
The site will provide 174 total parking spaces with nine handicapped parking spaces, which
exceeds the 133 spaces required by Title 19.12.010 for a Church/House of Worship with 4,200
square feet of non-fixed seating gathering space and an 18,100 square-foot Commercial
Recreation/Amusement (Indoor) [Gym] land use. The parking area also provides space for two
loading zones and two trash enclosures, which have been designed to comply with Title 19.08
standards.
The parcel is currently served by Las Vegas Valley Water District (LVVWD), but the fire line
does not have backflow prevention. Civil and plumbing plans will need to be submitted to
LVVWD for domestic meter sizing, fire flow availability and backflow retrofit.
All interior parking lot landscaping and landscape buffer planting materials have been designed
to comply with code requirements for spacing and quantities. However, the applicant has
requested Waiver of Title 19.08.070 landscaping requirements to allow a six-foot wide landscape
buffer along the west perimeter of the subject site where eight feet is the minimum required,
which will match the existing six-foot landscape buffer on the developed portion of the site
associated with the existing Church/House of Worship. Also, the applicant has also requested an
Exception of interior parking-lot planting materials to allow parking-lot islands between every
seven spaces along the western perimeter of the subject site, where islands are required between
every six parking spaces. The primary tree species being utilized are the 24 box Green Palo
Verde, 24 box Bradford Pear, 24 box Purple Leaf Plum and 24 box Chilean Mesquite. Staff
has determined the proposed project is compatible with surrounding development in the area;
and the requested landscaping Waiver and Exception will have a minimal negative impact to the
residential development to the north and commercial developments to the west, east and south.
Therefore, staff is recommends approval of this project with conditions.
FINDINGS (SDR-61799)
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.
JB
SDR-61799 [PRJ-60218]
Staff Report Page Ten
December 8, 2015 - Planning Commission Meeting
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;
The proposed Commercial Recreation/Amusement (Indoor) [Gym] development is
consistent with the General Plan and complies with all Title 19 development standards;
with the exception of the requested Waiver to allow a six-foot wide landscape buffer along
the west perimeter of the subject site where eight feet is the minimum required and
Exception of interior parking lot materials to allow parking-lot islands between every
seven spaces along the western perimeter of the subject site, where islands are required
between every six parking spaces. Staff has determined the requested landscaping Waiver
and Exception will have a minimal negative impact to the overall commercial
development.
3.
4.
Building and landscape materials are appropriate for the area and for the City;
The project design and style are appropriate for the subject location and will be
harmonious with buildings in the surrounding area. The submitted building elevations
indicate the building faades will have a bi-color Granite Cliff and Weathered White
plaster finish with a decorative Boral Cultured Stone stacked veneer accents. The
primary tree species being utilized are the 24 box Green Palo Verde, 24 box Bradford
Pear, 24 box Purple Leaf Plum and 24 box Chilean Mesquite, which are consistent with
the Southern Nevada Regional Plan Coalition Regional Plant List.
JB
SDR-61799 [PRJ-60218]
Staff Report Page Eleven
December 8, 2015 - Planning Commission Meeting
5.
6.
Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
The proposed commercial development will be subject to inspections in order to protect
the public health, safety and general welfare by City staff.
NOTICES MAILED
245
APPROVALS
PROTEST
26
JB
SDR-61799
SDR-61799
SDR-61799
SDR-61799
SDR-61799
SDR-61799
SDR-61799
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SDR-61799
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SDR-61799
SDR 61799
Desert Gymcats
14.03
RACQUET/TENNIS CLUB [1000 SF]
PM Peak Hour
18.1
0.00
1.06
254
0
19
31,206
2,496
Cimarron Drive
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)
4,842
387
This project will add approximately 254 trips per day on Sahara Ave. and Cimarron Dr. Sahara is currently at about 60
percent of capacity and Cimarron is at about 20 percent of capacity. After this project, Sahara is expected to be at about
61 percent of capacity and Cimarron to be at about 21 percent of capacity.
Based on Peak Hour use, this development will add into the area roughly 19 additional cars, or about one every three
minutes.
Note that this report assumes all traffic from this development uses all named streets.
SDR-61799 [PRJ-60218] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: DESERT GYMCATS OWNER: THE LAKES LUTHERAN CHURCH
8200 WEST SAHARA AVENUE
10/29/15
SDR-61799 [PRJ-60218] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: DESERT GYMCATS OWNER: THE LAKES LUTHERAN CHURCH
8200 WEST SAHARA AVENUE
10/29/15
SDR-61799 [PRJ-60218] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: DESERT GYMCATS OWNER: THE LAKES LUTHERAN CHURCH
8200 WEST SAHARA AVENUE
10/29/15
SDR-61799 [PRJ-60218] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: DESERT GYMCATS OWNER: THE LAKES LUTHERAN CHURCH
8200 WEST SAHARA AVENUE
10/29/15
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Discussion
SUBJECT:
TXT-62304 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For discussion and possible action on a request to amend LVMC 19.12.070
minimum Special Use Permit requirements related to Motor Vehicle Sales (Used) to prohibit the
use on Rancho Drive, between Vegas Drive and Craig Road, and to provide for other related
matters. Staff has NO RECOMMENDATION.
THIS ITEM WILL BE FORWARDED TO CITY COUNCIL IN ORDINANCE FORM
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff has NO RECOMMENDATION.
BACKUP DOCUMENTATION:
1. Proposed Amendments and Staff Report
TXT-62304
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
RECOMMENDATION
TXT-62304
REQUIRED FOR
APPROVAL
** PROPOSED AMENDMENT **
1.
Title 19.12.070 is hereby amended by amending the entry for Motor Vehicle Sales
(Used) to read as follows:
Motor Vehicle Sales (Used)
Description: A facility or area, other than an auto sales showroom, used primarily for the
display and sale or leasing of used automobiles, motorcycles and motor scooters, but
excluding mopeds. This use includes service bays and auto body shops which are
incidental and accessory to the sales use.
Conditional Use Regulations:
1. The installation and use of an outside public address or bell system is prohibited.
2. All exterior lighting shall be screened or otherwise designed so as not to shine
directly onto any adjacent parcel of land.
3. Accessory automobile rental is permitted.
Minimum Special Use Permit Requirements:
1. The minimum site area designated for this use shall be 25,000 square feet.
2. The installation and use of an outside public address or bell system is prohibited.
3. All exterior lighting shall be screened or otherwise designed so as not to shine
directly onto any adjacent parcel of land.
SS
TXT-62304
Proposed Amendment Page Two
December 8, 2015 - Planning Commission Meeting
SS
TXT-62304
Staff Report Page One
December 8, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This a request by City Council to amend Chapter 19.12 regarding the Motor Vehicle Sales
(Used) use to not allow such sales to occur on Rancho Drive from Vegas Drive to Craig Road as
part of any Special Use Permit, and to provide for other matters.
ANALYSIS
The City Council has made a request to amend Chapter 19.12 to prohibit Motor Vehicle Sales
(Used) on Rancho Drive from Vegas Drive to Craig Road.
Rancho Drive zoning along the corridor from Vegas Drive to Craig Road is predominately zoned
C-2 (General Commercial) with some C-1(Limited Commercial) and some multi-family zoning.
Motor Vehicle Sales (Used) are permitted in the C-2 zoning district by means of a special use
permit. This text amendment would add a nonwaivable condition to the special use permit
requirements to prohibit such uses on Rancho Drive between Vegas Drive and Craig Road.
Staff has no recommendation on this request.
NOTICES MAILED
RJ notification only
APPROVALS
PROTESTS
SS