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PLANNING COMMISSION AGENDA

COUNCIL CHAMBERS 495 SOUTH MAIN STREET PHONE 229-6011


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

COMMISSIONERS

Mayor Carolyn G. Goodman, (At-Large)


Mayor Pro-Tem Steven D. Ross, (Ward 6)
Councilwoman Lois Tarkanian, (Ward 1)
Councilman Ricki Y. Barlow (Ward 5)
Councilman Stavros S. Anthony, (Ward 4)
Councilman Bob Coffin, (Ward 3)
Councilman Bob Beers, (Ward 2)
City Manager Elizabeth N. Fretwell

Todd L. Moody, Chair


Trinity Haven Schlottman, Vice Chair
Vicki Quinn
Gus W. Flangas
Glen Trowbridge
Cedric Crear
Sam Cherry

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

PLANNING COMMISSION MEETING RULES OF CONDUCT:


1.

Staff will present each item to the Commission in order as shown on the agenda, along with a recommendation and
suggested conditions of approval, if appropriate.

2.

The applicant is asked to be at the public microphone during the staff presentation. When the staff presentation is
complete, the applicant should state his name and address, and indicate whether or not he accepts staffs conditions of
approval.

3.

If areas of concern are known in advance, or if the applicant does not accept staffs condition, the applicant or his
representative is invited to make a brief presentation of his item with emphasis on any items of concern.

4.

Persons other than the applicant who support the request are invited to make brief statements after the applicant. If
more than one supporter is present, comments should not be repetitive. A representative is welcome to speak and
indicate that he speaks for others in the audience who share his view.

5.

Objectors to the item will be heard after the applicant and any other supporters. All who wish to speak will be heard,
but in the interest of time it is suggested that representatives be selected who can summarize the views of any groups
of interested parties.

6.

After all objectors input has been received; the applicant will be invited to respond to any new issues raised.

7.

Following the applicants response, the public hearing will be closed; Commissioners will discuss the item amongst
themselves, ask any questions they feel are appropriate, and proceed to a motion and decision on the matter.

8.

Letters, petitions, photographs and other submissions to the Commission will be retained for the record. Large maps,
models and other materials may be displayed to the Commission from the microphone area, but need not be handed in
for the record unless requested by the Commission.

As a courtesy, we would ask those not speaking to be seated and not interrupt the speaker or the Commission. We appreciate
your courtesy and hope you will help us make your visit with the Commission a good and fair experience.

BUSINESS ITEMS:
1.

CALL TO ORDER

2.

ANNOUNCEMENT: COMPLIANCE WITH OPEN MEETING LAW

3.

ROLL CALL

4.

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

5.

FOR POSSIBLE ACTION TO APPROVE THE FINAL MINUTES FOR THE PLANNING COMMISSION MEETING
OF 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.

Planning Commission December 8, 2015 - Page 2

ONE MOTION - ONE VOTE


THE FOLLOWING ARE ITEMS THAT MAY BE CONSIDERED IN ONE MOTION/ONE VOTE. THEY ARE CONSIDERED
ROUTINE NON-PUBLIC AND PUBLIC HEARING ITEMS. ALL PUBLIC HEARINGS AND NON-PUBLIC HEARINGS
WILL BE OPENED AT ONE TIME. ANY PERSON REPRESENTING AN APPLICATION OR A MEMBER OF THE PUBLIC
OR A MEMBER OF THE PLANNING COMMISSION NOT IN AGREEMENT WITH THE CONDITIONS AND ALL
STANDARD CONDITIONS FOR THE APPLICATION RECOMMENDED BY STAFF, SHOULD REQUEST TO HAVE
THAT ITEM REMOVED FROM THIS PART OF THE AGENDA.
7.

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.

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.

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) [PRJ-61856]. Staff recommends APPROVAL.

11.

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.

PUBLIC HEARING ITEMS


12.

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.

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 SQUARE-FOOT 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.

14.

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.

15.

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 139-32-802-036), Ward 1 (Tarkanian) [PRJ-58502]. Staff recommends APPROVAL.

Planning Commission December 8, 2015 - Page 3

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.

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.

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.

ABEYANCE - SDR-60983 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-60977, 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) [PRJ-60825]. Staff
recommends DENIAL.

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.

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 SQUARE-FOOT 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.
Planning Commission December 8, 2015 - Page 4

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.

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 139-29705-002), Ward 5 (Barlow) [PRJ-61393]. Staff recommends APPROVAL.

28.

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.

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.

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 125-24-403-001), R-E
(Residence Estates) Zone, Ward 6 (Ross) [PRJ-59862]. Staff recommends DENIAL.

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.

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.

Planning Commission December 8, 2015 - Page 5

33.

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 80-FOOT 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) [PRJ-61587]. Staff
recommends DENIAL.

34.

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) [PRJ60669]. Staff recommends DENIAL.

35.

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.

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.

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.

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.

VAR-61860 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: AZURE DEVELOPMENT, LLC - For


possible action on a request for a Variance TO ALLOW A 44-FOOT 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.

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.

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.

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.

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.

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.

Planning Commission December 8, 2015 - Page 7

50.

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.

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

Planning Commission December 8, 2015 - Page 8

Agenda Item No.: 1.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
SUBJECT:
CALL TO ORDER

Agenda Item No.: 2.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
SUBJECT:
ANNOUNCEMENT: COMPLIANCE WITH OPEN MEETING LAW

Agenda Item No.: 3.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
SUBJECT:
ROLL CALL

Agenda Item No.: 4.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
SUBJECT:
PUBLIC COMMENT DURING THIS PORTION OF THE AGENDA MUST BE LIMITED TO
MATTERS ON THE AGENDA FOR ACTION. IF YOU WISH TO BE HEARD, COME TO
THE PODIUM AND GIVE YOUR NAME FOR THE RECORD. THE AMOUNT OF
DISCUSSION, AS WELL AS THE AMOUNT OF TIME ANY SINGLE SPEAKER IS
ALLOWED, MAY BE LIMITED

Agenda Item No.: 5.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
SUBJECT:
FOR POSSIBLE ACTION TO APPROVE THE FINAL MINUTES FOR THE PLANNING
COMMISSION MEETING OF NOVEMBER 3, 2015.

Agenda Item No.: 6.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
FOR POSSIBLE ACTION - Any items from the Planning Commission, staff and/or the
applicant wish to be stricken or held in abeyance to a future meeting may be brought forward and
acted upon at this time.

Agenda Item No.: 7.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: DAVID MASON REALTY - OWNER: HOP, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL, subject to conditions:

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.

Most Recent Change of Ownership


03/24/15
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


An application for a business license (P62-00030) for an urban lounge was
02/19/14
submitted to the Business Licensing Division of the Department of Planning.
The application was withdrawn 01/26/15.

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

The site contains an existing L-shaped building under renovation. The


building is situated in part along the front, side and rear property lines. The
3rd Street right-of-way is fully improved adjacent to the property.

Details of Application Request


Site Area
Net Acres
0.48

Surrounding
Property
Subject Property

North
South
East

West

Existing Land Use


Per Title 19.12
Urban Lounge
(entitled)
General Retail Store
General Retail Store
(Antique/Collectible
Store)
Multi-Family
Residential
th
4 Street Right-ofWay
Laboratory, Medical
or Dental
Undeveloped

Master Plan Areas


Downtown Centennial Plan

Planned or Special
Land Use Designation

Existing Zoning District

MXU (Mixed Use)

C-2 (General
Commercial)

MXU (Mixed Use)

C-1 (Limited
Commercial)

MXU (Mixed Use)

C-2 (General
Commercial)

ROW (Right-of-Way)

ROW (Right-of-Way)

MXU (Mixed Use)

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

Special Purpose and Overlay Districts


Downtown Centennial Plan Overlay District
Live/Work Overlay District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

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

Master Plan of Streets


and Highways
Map/Title 13

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.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

N/A

APPROVALS

PROTESTS

32

SS

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

Agenda Item No.: 8.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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]

ZON-61842 and ZON-61843 [PRJ-61813]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
ZON-61842
ZON-61843

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL.


Staff recommends APPROVAL.

NE

ZON-61842 and ZON-61843 [PRJ-61813]


Staff Report Page One
December 8, 2015 - Planning Commission Meeting

** 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

ZON-61842 and ZON-61843 [PRJ-61813]


Staff Report Page Two
December 8, 2015 - Planning Commission Meeting

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


Code Enforcement processed a complaint (#33403) for large amounts of
08/09/05
trash. The case was resolved on 09/08/05.
The Planning Commission approved Tentative Map (TMP-9121) for a 41410/20/05
unit mixed-use development.
Code Enforcement processed a complaint (#37188) for cardboard, bags, and
12/27/05
blankets. The case was resolved on 01/24/06.
Code Enforcement processed a complaint (#43665) for trash consisting of
06/21/06
mattresses, toilets, boxes, and a couch being dumped on the lot. The case was
resolved on 07/31/06.
The City Council approved an Extension of Time (EOT-22659) for an
approved Rezoning (ZON-6412) from: R-1 (Single Family Residential to: C-2
(General Commercial); an Extension of Time (EOT-22660) for an approved
Variance (VAR-6413) to allow a 38.66 foot setback where Residential
Adjacency Standards require 936 feet for a proposed mixed-use development;
09/05/07
an Extension of Time (EOT-22661) for an approved Special Use Permit
(SUP-6414) for a proposed mixed-use development; and an Extension of
Time (EOT-22658) for an approved Site Development Plan Review (SDR6411) 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.
Code Enforcement processed a complaint (#57568) for a fence being installed
09/06/07
with a lock with several bed sites with cardboard, clothing, and other items
scattered throughout the lot still in place. The case was resolved on 09/12/07.
Code Enforcement processed a complaint (#156719) for overgrown weeds
07/07/15
and debris creating a public nuisance. The case is currently open.
Code Enforcement processed a complaint (#160274) for trash and weeds. The
10/13/15
case is currently open.

Parcel Number 139-27-708-003


Related Relevant City Actions by P&D, Fire, Bldg., etc
There are no related City actions for this parcel.

Parcel Number 139-27-708-001


Most Recent Change of Ownership
05/07/12
A deed was recorded for a change in ownership.
An Agreement For Sale and Purchase of Property was entered into by the
11/04/15
current property owner, Carriage Funeral Holdings, Inc. and the buyer, City
of Las Vegas.

NE

ZON-61842 and ZON-61843 [PRJ-61813]


Staff Report Page Three
December 8, 2015 - Planning Commission Meeting

Parcel Number 139-27-708-003


Most Recent Change of Ownership
01/12/01
A deed was recorded for a change in ownership.
An Agreement For Sale and Purchase of Property was entered into by the
11/04/15
current property owner, Carriage Funeral Holdings, Inc. and the buyer, City
of Las Vegas.

Parcel Number 139-27-708-001


Related Building Permits/Business Licenses
There are business licenses or building permits associated with this parcel.

Parcel Number 139-27-708-003


Related Building Permits/Business Licenses
A business license (F05-00002) was issued for a funeral home/cemetery at
Pre-1991
925 North Las Vegas Boulevard. The license is currently active and in good
standing.
A building permit (#94336494) was issued to remove existing air
06/17/94
conditioning units and replace with new ones at 925 North Las Vegas
Boulevard. The permit received a final inspection on 07/12/94.
A building permit (#94337524) was issued to remove existing air
06/24/94
conditioning units and replace with new ones at 925 North Las Vegas
Boulevard. The permit received a final inspection on 07/12/94.
A building permit (#96003785) was issued for a gas test and tag at 925 North
02/26/96
Las Vegas Boulevard. The permit received a final inspection on 02/29/96.
A business license (Q05-00021) was issued for an administrator at 925 North
05/27/06
Las Vegas Boulevard. The license is currently active and in good standing.

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

ZON-61842 and ZON-61843 [PRJ-61813]


Staff Report Page Four
December 8, 2015 - Planning Commission Meeting

Parcel Number 139-27-708-001


Field Check
Staff observed during a routine site visit a vacant lot enclosed by a chain link
10/29/15
fence with overgrown weeds intertwined in the chain link fencing.

Parcel Number 139-27-708-003


Field Check
Staff observed during a routine site visit an existing, well-maintained funeral
10/29/15
home.

Parcel Number 139-27-708-001


Details of Application Request
Site Area
Net Acres
1.11

Parcel Number 139-27-708-003


Details of Application Request
Site Area
Net Acres
2.61

Parcel Number 139-27-708-001


Surrounding
Existing Land Use
Property
Per Title 19.12
Subject Property

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

MXU (Mixed Use) and


PF (Public Facilities)

North
South

Existing Zoning District


R-1 (Single Family
Residential)
C-V (Civic)
C-V (Civic)
C-2 (General
Commercial)
R-4 (High Density
Residential) and C-V
(Civic)

NE

ZON-61842 and ZON-61843 [PRJ-61813]


Staff Report Page Five
December 8, 2015 - Planning Commission Meeting

Parcel Number 139-27-708-003


Surrounding
Existing Land Use
Property
Per Title 19.12
Subject Property

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

Existing Zoning District

C (Commercial)

R-1 (Single Family


Residential)

M (Medium) and GC
(General Commercial)

R-1 (Single Family


Residential) and C-2
(General Commercial)

PF (Public Facilities)
PF (Public Facilities)
C (Commercial)

C-V (Civic)
C-V (Civic)
C-2 (General
Commercial)

Parcel Number 139-27-708-001


Master Plan Areas
Compliance
Downtown North Plan
Y
Special Purpose and Overlay Districts
Compliance
A-O (Airport Overlay) District 200 Feet
N/A
Other Plans or Special Requirements
Compliance
Las Vegas Redevelopment Plan Area Downtown
Y
Downtown North Plan: Part of the implementation strategies set forth by the Downtown North
Land Use Plan list as one of the actions, the Planning & Development Department shall initiate
rezoning of properties to bring into compliance with land use categories shown in this plan.
This Rezoning application request if approved will bring the subject site into compliance with the
Downtown North Plan.
A-O (Airport Overlay) District: Buildings constructed within the Airport Overlay District are
required to stay within the assigned height limitations for the site. Any proposed projects for the
subject site that exceed the 200-foot height limitation would require a site review by the
Planning Commission.
Las Vegas Redevelopment Plan Area: The goals of the Redevelopment Agency include, to replan, redesign and develop areas which are stagnant or improperly used, and to eliminate and
prevent the spread of blight and deterioration Rezoning the subject site allows for this vacant
lot to be developed in accordance with Title 19 requirements for the C-2 (General Commercial)
zoning district, thus activating a stagnant site.

NE

ZON-61842 and ZON-61843 [PRJ-61813]


Staff Report Page Six
December 8, 2015 - Planning Commission Meeting

Parcel Number 139-27-708-003


Master Plan Areas
Compliance
Downtown North Plan
Y
Special Purpose and Overlay Districts
Compliance
A-O (Airport Overlay) District 200 Feet
N/A
Las Vegas Boulevard Scenic Byway Overlay District
N/A
DDRC (Downtown Design Review Committee)
N/A
Other Plans or Special Requirements
Compliance
Trails Pioneer Trail
Y
Las Vegas Redevelopment Plan Area Downtown
Y
Downtown North Plan: Part of the implementation strategies set forth by the Downtown North
Land Use Plan list as one of the actions, the Planning & Development Department shall initiate
rezoning of properties to bring into compliance with land use categories shown in this plan.
This Rezoning application request if approved will bring the subject site into compliance with the
Downtown North Plan.
A-O (Airport Overlay) District: Buildings constructed within the Airport Overlay District are
required to stay within the assigned height limitations for the site. Any proposed projects for the
subject site that exceed the 200-foot height limitation would require a site review by the
Planning Commission.
Las Vegas Boulevard Scenic Byway Overlay District (CMP): The goal of the CMP is to
preserve, promote and enhance the three intrinsic qualities (scenic, historic, and cultural) that
contribute to the scenic essence of the urban byway experience. Any future signage proposed
for the subject site would be required to comply with the standards established by the CMP.
DDRC (Downtown Design Review Committee): All future proposed sign permit applications
and land use applications related to Medical Marijuana are subject to review by the DDRC.
Trails: The Pioneer Trail is a recreation trail that is typically a five-foot wide sidewalk that
begins at the Las Vegas Springs Preserve and ends at the Old Mormon Fort. The Pioneer trail
passes through numerous sites that show the historical progression of settlement in the Las
Vegas valley, and is adjacent to the subject site along North Las Vegas Boulevard.
Las Vegas Redevelopment Plan Area: The goals of the Redevelopment Agency include, to replan, redesign and develop areas which are stagnant or improperly used, and to eliminate and
prevent the spread of blight and deterioration Rezoning the subject site allows for the
retention of an existing business through redevelopment and rehabilitation activities to meet the
needs of the Redevelopment Area, the City, and its residents.

DEVELOPMENT STANDARDS
No new development projects have been proposed in association with these rezoning
applications. Thus, no development standards apply at this time.

NE

ZON-61842 and ZON-61843 [PRJ-61813]


Staff Report Page Seven
December 8, 2015 - Planning Commission Meeting

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

ZON-61842 and ZON-61843 [PRJ-61813]


Staff Report Page Eight
December 8, 2015 - Planning Commission Meeting

FINDINGS (ZON-61842 and ZON-61843)


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 current Downtown Area Land Use Designation is C (Commercial), allows for four
zoning districts, O (Office), P-O (Professional Office and Parking), C-1 (Limited
Commercial), and the proposed C-2 (General Commercial). The proposed C-2 (General
Commercial) zoning district conforms to the existing General Plan Designation of C
(Commercial), and allows for a broad scope of compatible services for both the general
and traveling public. The C-2 (General Commercial) zoning district allows for retail,
service, automotive, wholesale, office, and other general business uses of an intense
character, as well as mixed-use developments.

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

ZON-61842 and ZON-61843 [PRJ-61813]


Staff Report Page Nine
December 8, 2015 - Planning Commission Meeting

4.

Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed zoning district.
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.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

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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ZON-61842 AND ZON-61843 [PRJ-61813] - REZONING - APPLICANT/OWNER: CITY OF LAS VEGAS


SOUTHEAST CORNER OF WASHINGTON AVENUE AND VETERANS MEMORIAL DRIVE
10/29/15

ZON-61842 AND ZON-61843 [PRJ-61813] - REZONING - APPLICANT/OWNER: CITY OF LAS VEGAS


SOUTHEAST CORNER OF WASHINGTON AVENUE AND VETERANS MEMORIAL DRIVE
10/29/15

ZON-61842 AND ZON-61843 [PRJ-61813] - REZONING - APPLICANT/OWNER: CITY OF LAS VEGAS


SOUTHEAST CORNER OF WASHINGTON AVENUE AND VETERANS MEMORIAL DRIVE
10/29/15

ZON-61842 AND ZON-61843 [PRJ-61813] - REZONING - APPLICANT/OWNER: CITY OF LAS VEGAS


SOUTHEAST CORNER OF WASHINGTON AVENUE AND VETERANS MEMORIAL DRIVE
10/29/15

ZON-61842 AND ZON-61843 [PRJ-61813] - REZONING - APPLICANT/OWNER: CITY OF LAS VEGAS


SOUTHEAST CORNER OF WASHINGTON AVENUE AND VETERANS MEMORIAL DRIVE
10/29/15

ZON-61842 AND ZON-61843 [PRJ-61813] - REZONING - APPLICANT/OWNER: CITY OF LAS VEGAS


SOUTHEAST CORNER OF WASHINGTON AVENUE AND VETERANS MEMORIAL DRIVE
10/29/15

ZON-61842 AND ZON-61843 [PRJ-61813] - REZONING - APPLICANT/OWNER: CITY OF LAS VEGAS


SOUTHEAST CORNER OF WASHINGTON AVENUE AND VETERANS MEMORIAL DRIVE
10/29/15

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Agenda Item No.: 9.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

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Agenda Item No.: 10.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: - APPLICANT/OWNER: TALON NV MANAGEMENT, LLC

** 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.

Conformance to the Summerlin Development Standards, 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.

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.

Most Recent Change of Ownership


01/30/15
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#97015732) was issued for a single family dwelling at
07/31/97
9732 Highridge Drive. The permit was finalized on 10/06/99.

MR

SUP-61864 [PRJ-61856]
Staff Report Page Two
December 8, 2015 - Planning Commission Meeting

Related Building Permits/Business Licenses


A building permit (#99000655) was issued for wall at 9732 Highridge Drive.
01/12/99
The permit was finalized on 04/25/00.
A building permit (#300304) for a pool was issued at 9732 Highridge Drive.
09/24/15
The permit has not been finalized, as of 11/17/15.
A building permit (#300250) for a pool house/garage was applied for at 9732
11/02/15
Highridge Drive; however, the permit has been issued, as of 11/17/15.

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.

Details of Application Request


Site Area
Net Acres
0.64

Surrounding
Property
Subject Property
North
South
East
West

Existing Land Use


Per Title 19.12
Single-Family,
Detached
Single-Family,
Detached
Single-Family,
Detached
Single-Family,
Detached
Single-Family,
Detached

Planned or Special
Land Use Designation
PC (Planned
Community)
PC (Planned
Community)
PC (Planned
Community)
PC (Planned
Community)
PC (Planned
Community)

Existing Zoning District


SF3 (Single Family
Detached)
Sun City Summerlin
SF3 (Single Family
Detached)
SF3 (Single Family
Detached)
SF3 (Single Family
Detached)

MR

SUP-61864 [PRJ-61856]
Staff Report Page Three
December 8, 2015 - Planning Commission Meeting

Master Plan Areas


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

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.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

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 [PRJ-61856] - SPECIAL USE PERMIT - APPLICANT/OWNER: TALON NV MANAGEMENT, LLC


9732 HIGHRIDGE DRIVE
10/29/15

SUP-61864 [PRJ-61856] - SPECIAL USE PERMIT - APPLICANT/OWNER: TALON NV MANAGEMENT, LLC


9732 HIGHRIDGE DRIVE
10/29/15

SUP-61864

Agenda Item No.: 11.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: AMBER INVESTMENT COMPANY

** 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

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


The City Council approved a request for a Required Review [U-0052-95(2)]
of a previously approved Special Use Permit (U-0052-95) that allowed a 1412/19/01
foot by 48-foot Off-Premise Sign at 336 West Sahara Avenue. The Planning
Commission recommended approval on 11/01/01.
The City Council approved a request for a Required Review (RQR-1222) of a
previously approved Special Use Permit (U-0052-95) that allowed a 14-foot
01/22/03
by 48-foot Off-Premise Sign at 336 West Sahara Avenue. The Planning
Commission recommended approval on 12/19/02. Staff recommended
approval.
The City Council approved a request for a Required Review (RQR-5767) of a
previously approved Special Use Permit (U-0052-95) that allowed a 14-foot
03/02/05
by 48-foot Off-Premise Sign at 336 West Sahara Avenue. The Planning
Commission recommended denial on 01/27/05. Staff recommended denial.
The City Council approved a request for a Required Review (RQR-18679) of
a previously approved Special Use Permit (U-0052-95) that allowed a 14-foot
06/20/07
by 48-foot Off-Premise Sign at 336 West Sahara Avenue. The Planning
Commission recommended approval on 04/12/07. Staff recommended denial.
The City Council approved a request for a Required Review (RQR-37772) of
a previously approved Special Use Permit (U-0052-95) that allowed a 14-foot
06/02/10
by 48-foot Off-Premise Sign at 336 West Sahara Avenue. Staff recommended
approval.
The City Council approved a request for a Required Review (RQR-37772) of
a previously approved Special Use Permit (U-0052-95) that allowed a 14-foot
07/24/13
by 48-foot Off-Premise Sign at 336 West Sahara Avenue. Staff recommended
approval.

Most Recent Change of Ownership


08/22/89
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#95875443) was issued for the installation of a billboard
07/26/95
sign at 336 West Sahara Avenue. The permit was finalized on 08/30/95.

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.

Details of Application Request


Site Area
Net Acres
0.55

Surrounding
Property

Existing Land Use Per


Title 19.12

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)

Existing Zoning District


C-1 (Limited
Commercial)
R-4 (High Density
Residential)

H-1 (Limited Resort


and Apartment)
Clark County

CT (Commercial Tourist)
- Clark County

C (Commercial)

C-1 (Limited
Commercial)

C (Commercial)

C-1 (Limited
Commercial)

Master Plan Areas


Downtown Centennial Plan
Special Purpose and Overlay Districts

Compliance
Y
Compliance

G-O (Gaming Enterprise Overlay) District


A-O (Airport Overlay) District (175 Feet)
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

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

No Off-Premise Sign shall have


a surface area greater than 672
square feet, except that of an
embellishment not to exceed
five feet above the regular
rectangular surface of the sign
and no more than 128 square
feet.
Height
40 Feet maximum
Sign is 40 feet tall
Screening
All structural elements of the
Structural elements of the
Off-Premise Sign to which the
sign are screened from
display panels are attached shall public view.
be screened from view.
Off-Premise Sign Off-Premise Sign must be
Sign is 275 feet from
(Billboard)
located at least 300 feet from
another Off-Premise Sign
another Off-Premise Sign (if
not along US-95)
Off-Premise Sign Off-Premise sign must be
Sign is 75 feet from a
(Billboard)
located at least 300 feet from
residentially zoned
the nearest residentially zoned
property to the north.
property.
Other
All Off-Premise Signs shall be
Sign is permanently
detached and permanently
secured to the ground and
secured to the ground and shall is located on commercially
not be located on property used zoned property.
for residential purposes.
*The sign does not meet the minimum separation requirements from residentially zoned
properties and other Off-Premise sings at outlined by Title 19.14.; however, the sign was
approved and constructed prior to the addition of the minimum distance separation.

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.

The proposed development is compatible with adjacent development and


development in the area;
The proposed Site Development Plan Review will change the west advertising face of an
existing billboard that was approved over two decades ago. The use will remain
compatible with adjacent development in the area.

2.

The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other 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.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
The site is accessed from Sahara Avenue, a 100-foot wide Primary Arterial. The site has
adequate access and circulation to meet the needs of the current use and the future use.

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.

Building elevations, design characteristics and other architectural and aesthetic


features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;
The Off-Premise sign is consisted in architectural design and aesthetic features with other
billboards throughout the Valley.

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.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

400

APPROVALS

PROTESTS

24

MR

SDR-61444

SDR-61444

SDR-61444

SDR-61444

SDR-61444

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SDR-61444

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SDR-61444

SDR-61444 [PRJ-61409] INVESTMENT COMPANY


336 WEST SAHARA AVENUE

SITE

DEVELOPMENT

PLAN

REVIEW

APPLICANT/OWNER:

10/29/15

AMBER

SDR-61444 [PRJ-61409] INVESTMENT COMPANY


336 WEST SAHARA AVENUE

SITE

DEVELOPMENT

PLAN

REVIEW

APPLICANT/OWNER:

10/29/15

AMBER

SDR-61444

Agenda Item No.: 12.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff has NO RECOMMENDATION
BACKUP DOCUMENTATION:
1. Supporting Documentation

Agenda Item No.: 13.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

51

City Council Meeting

City Council Meeting

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]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: TODD KESSLER - OWNER: 100 10TH STREET,
LLC

** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-61097

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL, subject to conditions:

** 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.

Most Recent Change of Ownership


07/17/14
A deed was recorded for a change in ownership.
JB

SUP-61097 [PRJ-60880]
Staff Report Page Two
December 8, 2015 - Planning Commission Meeting

Related Building Permits/Business Licenses


A business license (#L16-00053) was issued for a Tavern at 917 Fremont
01/01/51
Street. The license was reissued on 07/21/93 and became inactive on
01/19/11.
A Code Enforcement case (#75150) was processed for a person living inside a
03/04/09
commercial building at 927 Fremont Street. The case was resolved on
03/18/09.
A business license (#L16-00374) was issued for a Tavern (The Atomic) at
917 Fremont Street. The license is still active.
A business license (#G50-08720) was issued for a General Retail Sales (The
12/20/12
Atomic) at 917 Fremont Street. The license is still active.
A business license (#C05-02865) was issued for a Tobacco Sales (The
Atomic) at 917 Fremont Street. The license is still active.

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

During a routine site visit staff observed a well maintained commercial


building, free from trash and debris.

Details of Application Request


Site Area
Net Acres
0.32

Surrounding
Property
Subject Property

Existing Land Use


Per Title 19.12
Liquor
Establishment
(Tavern)

Planned or Special
Land Use Designation

Existing Zoning District

C (Commercial)

C-2 (General
Commercial)

JB

SUP-61097 [PRJ-60880]
Staff Report Page Three
December 8, 2015 - Planning Commission Meeting

Surrounding
Property

Existing Land Use


Per Title 19.12

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)

Existing Zoning District


C-2 (General
Commercial)
C-1 (Limited
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)

Master Plan Areas


Downtown Centennial Plan
Special Purpose and Overlay Districts
Downtown Centennial Plan Overlay District (East Village)
Live/Work Overlay District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

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

Parking Requirement - Downtown


Base Parking Requirement
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
6,420 SF
1:50 SF of
[5,048 SF
public
public seating
seating
(1,896 SF
and
Tavernindoors &
waiting
Limited
3,152 SF
area, plus
108
Establishment
outdoor
1:200 SF
(Proposed)
seating)] &
of the total
1,372 SF
remaining
remaining
gross floor
GFA)
area
1:50 SF of
4,500 SF
public
[1,360 SF
seating
indoors &
and
Liquor
1,500 SF
waiting
Establishment
outdoor
area, plus
67
Tavern
seating] &
1:200 SF
(Existing)
1,640 SF
of the total
remaining
remaining
GFA)
gross floor
area
175
4
N*
TOTAL SPACES REQUIRED
169
6
3
1
N*
Regular and Handicap Spaces Required
*Projects located within the Las Vegas Downtown Centennial Plan area are not subject to the
automatic application of parking requirements. However, the above table should be used to illustrate
the requirements of an analogous project in another location in the City.

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.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

374

APPROVALS

51

PROTESTS

39

JB

SUP-61097

REVISED

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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

Oct 07 2015 9:42PM

HP LRSERJET FRXSHIRLEY

page

702454+?47

City of Las Vegas


Department of ltling
fvelopmart Services Center
333 North Rancbo Drive, 3d Floor
Las Veg, Nevada 89106

Return Service Requested


Oflictal Notice of Pubtlc Hearing

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
would Iike to otast your Council
please call (7OZ) 22905.

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Las Vegas, Nevad 89106

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Planning Commission Meeting of'l 0/l 3/201 5

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luppropriate hox bclow and retum this card in an envelopc with postage to the
Depirtment of Planning at the addrcss listed above. fax this side of this card lo
(702) 464-7499 or make yorrr comments at www.lasvcgasnevada.gov. If you

woufd like lo contact your Council Representative, pleasc call ('102) 2296405

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333 Norrh Rancho Drive. 3d Floor
Lus Vcgas. Ncvada 891 06

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appropriate box below and retum this card in an envelopc with postcgc to the
Department of Planning at the address li.sted abol'c. fax this sidc of this card to
(7OZ) 464-7499 or make your comments it www.lasvcgcsncvada.gov. Il you
woul<J like to contct your Council Rcprcscntativc. plcase call (7O2) 229-

13935211027

Case: SUP-61097

l30l1THSTLLC
P O BOX 1570

I SUPPORT

I OPPOSE
tiis Requcst

this Request

LAS VEGAS NV 89125

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anning Commission Meeting

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l)epartment of Planning
Dcvelopment Serviccs Ccnter
333 North Rancho Drivc. 3d Floor
Las Vcgas, Nevada 89106

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you wish to file your protest or support on this request, check

tbe

appropriate box below and return this card in an envelope with postage to the
Department of Planning at thc ddrcss listed above. fax lhis side of this card to
(702) 4&-1499 or make your commenls t www.lasvegasnevada.gov. If you
would like to contact your Council Representative. please call (702) 229-

I SUPPORT

I OPPOSE

this Requcsl

this Request

1393461

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case: SUP'1097

DOWNTOWN CARSON L LC
P O BOX 1570
LAS VEGAS NV 89125

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333 North Rancho Drive. 3d Floor
Las Vegas. Ncvada 89106

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OfITcial Notice of Public Hearing

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lf

you wish to llc your protest or support on this rcqucst. check

the

appropriate box bclow and return this card in an envclopc with pos^tage to the
Department ol Planning at lhe address listed above. fax this side of this card ro
(702) 464-7499 or nrake your comments at w\rw.lasvegasncvada.gov. lf you
would like to cortacl your Council Rcpresenlalive, plcasc ctll (102) 229-

JS
Please

I OPPOSE
this Requcst

I SUPPORT

lhis Rcquest

393461 1 021

Cas: SUP1097

1287lHSTREETLLC
P o Box 1570

LAS VEGAS NV 89125

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suP-610e7 IPRJ-60880]
Planning Commission Meeting of 10/1312015

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City of Las Vegus


Departnrcnt of Planni ng

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333 North Rancho Drivc. 3d f"loor
Las Vcgas. Ncvada 89 | 06

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0001398173ocT. 01. 2015

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HAI.T

lf

you wish to lle your protcsl .or support on lhis requesl, check the
appropriate box below and rclum this clrd in an cnvclopc with postage to the
Departmcnt of Planning at thc .ddrcss listc<l ahovc, fax this side of this card to
(7O2) 46,4.-7499 or make your commcnls al www.lasvcgrrsnevada.gov. If you
would likc lo contct your Council Reprc.scntativc, please c'll (702) 229'

39346 1 2058

Caso: SUP.61097

9OlFREMONTLLC
P O BOX 1570
LAS VEGAS NV 89125

I OPPOSE
this lequest

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Planning Commission Meeting of l0/1312015

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l)evclopmcnt Scrviccs Ccnter
333 Nonh Runcho l)rivc. 3d Floor
Las Vcgus, Ncvada 89106

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appropriatc box bclow and relurn this card in an cnvclope with pt'rstage to the
Dcpartnrcnt ol'Planning at the address listed abovc, fax this sidc of this card to
QA\ a64-7499 or rnake your comments at www.lasvcgasncvada.gov. l you
woufd like t() contact your Council Replesenlative, plcasc call (102) 229-

Case: SUP-61097

3934612015

Tl3OGDENLLC

6405.

P O BOX 1570
LAS VEGAS NV 89125

I OPPOSE
this Requcst

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City ol'Las Vegas


l)cpirnmcnt of Planning

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000r398173ocT.01

OfTicial Notice of Public Hearing


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lf'you wish to tle your protest or support on this request, chcck the
lppropriatc box below and relurn this carcl in an unvelope with postage to the
Dcpartnrent ol Planning at the address listed above, lax this side of this card to
(702) 464-7499 or make your conment-s ir www.lasvegasnevada.gov. Il you
would like to contact your Council Representalivc, please call (702) 229-

1393461 1038

Cse: SUP-61097

6TH STREET L L C
P O BOX 1570
LAS VEGAS NV 89125

2OO

6405.

I SUPPORT
this Request

I OPPOSE
rhis Requesl

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SUP

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Planning Commission Meeting


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of l0/1312015

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l)cvclopmcnt Services Center


333 Nonh Rrncho Drive. 3d Floor
Las Vcgas. Ncvada 89106

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Official Notice of Public Hearing

r ?R'o' $ 000.471
0l 2015

o001398173oCT.

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HALL

Il' you wish' to file your prolcst or support on this request, chcck the
uppropriate box below and rcturn this card in an cnvelope with postagc ttl thc
Dcparlnent ol Planning at the adclress listed abovc, lix this side ol this canl to
(102') 4@-7499 or make your commcnts at www.lasvcgasnevada.gov' Il'you
rvould like to contact your Council Representative. please c'Il (702) 229'
6405.

se

case: suP-61097

P O BOX 1570
LAS VEGAS NV 89125

I OPPOSE
this Request

I SUPPORT
this Request

13934612073

2OSIOTHSTREETLLC.

blank space on card for your comments.

suP-61097 IPRJ-60880]
Planning Commission Meeting of l0/1312015

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City of Las Vegas


l)epanment of Planning
l)cvel opment Services Ccntcr
333 Nonh Rancho l)rivc. 3d Floor
Lns Vegas. Nevada 8910

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Oflicial Notice of Public Hearing

ril:Cr::!i:

,i

',

HALL

ll'you

rvish

to llc your

protcst

or support on this

request, chcck thc

appropriate box below and rcturn this card in an cnvelopc rvith postage to the
Dcpartment of Plannin-c rt the address listed above, fax this side of this card to
(702) 464-7499'or makc your commenls at www.lasvegasnevada.gov. lf you
would like to contct your Council Represcntative, pleasc call (1O2) 229-

this Requcst

Case: SUP-61o97

1322 FFEMONT LLC


P O BOX 1570
LAS VEGAS NV 89125

6405.

I SUPPORT

393531 0050

I OPPOSE
this lcquest

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Planning Commission Meeling of l0/1312015
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?fi'o' $l 0oo.47r
0f 2015

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lf you wish to lle

your protest or support on this requcst check

the

appropriatc box bclow and return this card in un envelope with Postage to the
Department of Planning at the addrcss listcti above, fax this sidc ol'lhis^ card to
(702) 464-7499 or mkc your conment.s al www.lasvegasnevada.gov. If you
woulrj like to corlct your Council Rcprcscntative, please c'll (702) 229-

393461 1 052
120 6TH STREET L L C
P O BOX 1570
LAS VEGAS NV 89125

Case: SUP-61097

I OPPOSE
this Request

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Planning Commission Meeting of l0/1312015

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U S- POSTAGE >> TNEY BowES

I)eveloprncnt,Scrviccs Center
333 Norh Rancho l)rive, 3d Floor
Las Vcgas. Ncvadir 8910

Return Service Requested


Official Notice of Public Hearing

1!-;L:rV.
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protest or suppon on this requcsl, check the


appropriaLe box below antl retum this card in an cnvclopc with postlge to the
Departnrent of Planning at the address listed abovc. fax this sidc of this card to
(702) 464-1499 or make your conrnents at www.ls\'egasncvada.gov. lf you
would like to contct your Council Represcntativc. pleasc call (702) 229I OPPOSE

i060

case: suP61o97

1393s2r
1.I 21 OGDEN STFEET L L C
P O BOX 1570
LAS VEGAS NV 89140

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suP-610e7 IPRJ-60880]
Planning Commission Meeting of

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312015

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l)cpartrnenl of Planning
l)evelopment Services Ccntcr
333 North Rancho l)rive. 3d Floor

U.S. POSTAGE

E-8

FEE

Las Vegas. Ncvada 89106

Return Service Requested


Oficial Notice of Public Hearing

)> HrNEY Bor,ves

tz@?ttP
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$ 000.47r
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appropriate box bolow arrd rctum this card in an cnvelopc with postage to the
Dcpanment ol'Planning at thc address listed above, I'ax this side of this card to
(702) 4U-7499 or nrakc your conments at www.lasvegasnevada.gov. If you
would fike to contact your Council Representative, please call (702) 229640s

I SUPPORT

I OPPOSE
this Request

this Request

Deni oi

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13934712037

Case: SUP.61097

306CABSONLLC
P O 80X 1570
LAS VEGAS NV 89125

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suP-610e7 IPRJ-60880]
Planning Commission Meeting

of l0/13/2015

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City of Las

Ve,uus

Dcprrtment

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333 North Rancho l)rive. 3d Floor
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Oficial Notice of Public Hearing

E5
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0001398173oCT 01 2015

HALL

Il' you wish to lile your protest or supporl on this requesl. check the
rppropriate box hclow and retum this card in an envelope with postagc to thc
Department of Planning at th addrcs.s listed above, J'ax this side of this card to
('lOZ) 464-'f 499 or make your commonts a www.lasvcgasnevada.gov. ll'you
wtrul<l like t<j conlact youi Council Rcpresentative, plcase call (702) 229-

1ilga461zo77

case: suP-61097

lOTH STFEET L L C
P O BOX 1570
LAS VEGAS NV 89125
1OO

I OPPOSE
this Rcqucst

space on card for your comments.

suP-610e7 IPRJ-60880]
Planning Commission Meeting

of l0/l

312015

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l)epartment ol' Planning

U.S. POSTAGE )> HrNEY BowEs

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333 North Rancho Drive. 3d Floor
Las Vcgas. Ncvada 89106

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Oficial Notice of Public Hearing

fl'o'

$ 000,471

0001398173oCT -01 20t5

A
HALL

ll you wish to file yorrr protcst or support on lhis requcst. check thc
uppropriate hox below nd rcturn this clrd in an envelope wtl postagc to thc
Departmcnt ol'Planning at thc addre.ss listed above, fax this sidc of this card to
\702) 46/.-7499 or make your conlments at www.lasvegasnevada.gor', Il'you
would likc to contact your Council Representitve, pleasc call (702) 229I SUPPORT

IOPPOSE

this Request

this Requcst

393461 201 4

1O

8IH STBEET

Case: SUP-61097
LLC

P O BOX 1570
LAS VEGAS NV 89125

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suP-610e7 [PRJ-60880]
Planning Commission Meetng of l0/1312015

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Oficial Notice of Public Hearing


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l[ you rvish to llc your

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luppropriatc box below and rcturn this card in atr cttvelope wilh postage to the
Dcpartment ol Planning t thc Iddrcss listed above, l-ax this side ol this card to
(702) 464-7499 or make your comments ilt www.lsvegasnevada.gov. If you
would like to contact your Council Rcpresentativc. please c'll (702) 229-

Case: SUP-61097

1393520r004

lO2sFREMONTLLC
P O BOX 1570

l OPPO.SE

tAS VEGAS NV 89125

this Request

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Planning Commission Meeting
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Oflicial Notice of Public Hearing

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0001398173oCT 01 2015

A
HALL

ll'you wish to file your protest or

suppon on this request. check the

appropriate box below and rturn this card in an envelopc with postage to Lhe
i -Dcpaflment of Planning at tho uddress listed above, lx this side of this card to
(702) 464-1499 or make your comrnents at rvww.lasvegasnevada.gov. Il'you
would like to contucl your Council Represerttalive, plcase cull (702) 229-

Case: SUP.61097

393460 1 007

TOTFREMONTLLC
P O BOX 1s70

I OPPOSE

LAS VEGAS

NV 89125-1570

this Request

space on card for your corrments.

suP-610e7 IPRJ-60880]
Planning Commssion Meeting of
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Depanment ol- Planning


I)cvclopmcnt Scrvices Ccn(cr
l33 North Rancho l)rive. 3d Floor
Las Vegas, Nevada 89106

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OfTicialNotice of Public Hearing

BomS

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YJr:
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0001398r73oCT 01 2015

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Il'you wish to file your

protest

or support on this requcsl. check

the

nppropriate box below ancl return this car'd in an cnvelope with postage to the
Doprtment ol'Planning at the address listed above. fax this side ol thi.s ccrd to
(702) 464.-7499 or makc your comncnts at www.lasvegasncvada.gov. ll'you
would like to contact your Council Rcpresentalive, plcasc call (702) 229-

toPPo.sE

case: SUP1097

1399471soor

1 1TH STREET TAVERN L L C


P O BOX 1570
LAS VEGAS NV 89125

this Rcquest

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suP-6roe7 [PRJ-60880]
Planning Commission Meeting of l0/13/2015

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l)evcl opment Scrvices Centcr


333 Nonh Rancho Drivc. 3'd Floor
Las Vegas. Ncvada 89106

PGIAGE

?fl'o' $ 000.471

0001398173oCT.

01 2015

Official Notice of Public Hearing


N

A
HALL

ll' you rvish to file your

profest

or support on this

rcqucsl, chcck the

appropriatc box below antl retum this card in an cnvclope rvith postage lo thc
Dcpartmcnt ol Planning at the address lisled above. lx this sidc of this card to
(702) 4@-7499 or make your comnents at www.lsve-easnevada.gov. lf you
would like to contact your Council Represcnlativc, please call (702) 229-

3935310001
1111 FREMONTLLC
P O BOX 1570

Case: SUP1097

I OPPOSE

LAS VEGAS NV 89125

this Rcquest

space on card for your comments

suP-6r097 IPRJ-60880]
Planning Commission Meeting of I0/1312015

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l)cvclopmcnt Services Centcr
333 Nonh Rancho l)rive.3n Floor
Las Vcgas. Nevada 89106

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0001398173oCT 0t. 2015

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Official Notice of Public I{earing
N

A
T{ALL

If you wish to fle your protest or -support

on this request, check the


with postage to the
an
cnvclope
card
in
return
this
box
below
and
appropriate
Dcpartnrent of Planning at the address listed above, fix this side ol this card to
(702) 4f/-7499 or make your comments at www.asvegasnevada-gov. lf you
would like to conlact your Council Representative, plcase call (702) 229-

393531 0023

Cs: SUP'6'1097

113 13TH STREET L L C


P O BOX 1570

LASVEGAS NV 89125

I OPPOSE
ths Request

space on card for your comments,

Planning Commission Meeting of

l0/l3l20l5

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Return Service Requested


Official Notice of Public Hearing
N

[i

L] i:: ii ;'-. r. '

IIALL

ll'you wish to llc your

prolcst or support on this request, check the

appropriatc box bclow and rcturn thi.s card in an envelope with postage to thc
Dcpartmcnt ol'Planning at thc addrcss listed ubove, fax this side ol this card to
(702) 464-'1499 or makc your conrmcnts al www.lasvegasnevada.gov. If you
woulrl like lo contact your Council Rcpresentative, please call (702) 229-

Case: SUP6J097

13934712029

215gTHSTLLC
P O BOX 1570
LAS VEGAS NV 89125

I OPPOSE
this Request

nk space on cilrd for your comments

suP-610e7 IPRJ-60880]
Planning Commission Meeting
J,

of l0/1312015

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Deprtment of Planning

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Ofnicial Notice of Public Hearing

nrxev eowes

4n':-

tt.

Developmen! Services Cenlcr


333 Nonh Rancho Drive. 3d Floor
Las Vegas. Nevada 89106

65

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0001398't73oCT 01 2015

REC F:VF D

il['f i

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f you wish to lle your protest or support

on this recluest, chcck the


appropriate box below and return this card in an envelope with postage to the
Departmcnt of Planning at lhe address listed above, lax this side of this card to
(1O2) 46/,-7499 or nrake your comments at www.lasvegasncvada.gov. lf you
would like to contact your Council Representative, please'call (702) 229I OPPOSE

139347120g6
.I

cs: suPslos7

16 lOTH STREET L L C
P O BOX 1570
LAS VEGAS NV 89125

this Request

space on card for your comments

suP-610e7 IPRJ-608801
Planning Commission Meeting of l0/l 312015

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Developmcnt Services Centcr
333 North Rancho Drive.3d Floor
Las Vegas. Nevada 89106

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o001398173oCT O1 20r5

Return Service Requested


Official Notice of Public Hearing
N

A
I-IALL

If

you wi,sh to fle your protest or support on this rcqucst, check

the

appropriatc box below and relurn this card in an envelopc with postage to the
Departnrent o[ Planning at the address listcd above, fax this side ol this card to
(702) 4&-7499 or make your comments rt www.asvegasncvada.gov. If you
would like to contact your Council Rcpresentative, pleasc call (702) 229-

OPPOSE

1393s2r1057
1

1OO

case: suPs1o97

FREMONT L L C

P O BoX 1570
LAS VEGAS NV 89140

this Request

space on card for your comments

suP-6loe7 IPRJ-60880]
Planning Commission Meeting o l0ll3/2O15

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Dcpartment of Planning

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333 Nonh Rancho Drivc. 3n Floor
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0001398'l73oCT O1. 2015

. Return Service Requested


Official Notice of Public Hearing
N

A
I.IALL

If' you wish to lile your

pfotest

or support on this

request, chcck thc

appropriate box below and rettrrn this card in an cnvelope rvith 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. lf you
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

available blank space on card for your comments,

suP-610e7 [PRJ-60880]
Planning Commission Meeting
1

of l0/13/2015

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Department of Planning
Development Servces Center
333 North Rancho Drive. 3d Floor
Las Vegas, Nevada 89106

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00013981730C1. 01. 20r5

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Official Notice of Public Hearing
N

A
HATL

lf

you wish to filc your protest or support on this request, check

the

appropriate box below and retum this card in an envelope with postage to the
Department ofPlanning at the address listed above, fax this side o[ Lhis card to
(102) 464-7499 or make your comments at www.lasvegasnevada.gov. Il you
your Council Representative, please call (102) 229',vould like to contct
I OPPOSE

1 39346120r 1
230 8TH STREET LLC
P O BOX 1570
LAS VEGAS NV 89140

Case: SUP-61097

this Request

space on card for your comments.

suP-1097 IPRJ-60880]
Planning Commisson Meeting of I0/1312015
1e'.1

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City ol Las Vcgas

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Depaflmcn! of Panning
Devclopmcnt Services Cenler
333 North Rancho Drive, 3'd Floor
Las Vegas, Nevada 89106

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61fi'o' $ 000.471

0001398173oCT 01.2015

Return Service Requested


OfTicial Notice of Public Hearing
N

A
II,ALL

Il' you wish to file your

prolest or support on this request, check

the

appropriate box below and rcturn this card in an envelope with postage to the
Depalment o[ Planning at thc address lislcd above, fax lhis side ol'this card to
(702) 4&-7499 or make your comn'ents at www.lasvegasnevada.gov. lf you
would likc to contact your Council Represcntative, please call (702) 2296405.
I OPPOSE
this Request

1 39346 1 2037
221 gf'-]' STREET L L C
P O BOX 1570
LAS VEGAS NV 89140

Case: SUPS1097

,,".,M"i:';{ti{r",. space on card for your comments,


suP-6oe7 [PRJ-60880]
Planning Commission Meeting of l0/13/2015

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l)cpartmcnt of Planning

U S, POSTAGE >> HTNEY BOWES

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l)cvclopment Services Center


:33 Nonh Rancho l)rivc, 3d Floor

EEE

Las Vegas, Ncvada 89106

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Return Service Requested


OfTicial Notice of Public Hearing

o001398f73oCT. 01 2015

A
HALI

lf you wish to file

your protest or support on this requesl. check

the

appropriate box below and rclum this card in an envclope with postage to the
Dcpartnrcnl ol'Planning at the address listed above. fax this side ofthis card to
(70?) 461-1499 or nrake your commenls at www.lasvegasnevada'gov. f you
u'rruld likc to conttct your Council Representative, please call (702) 229-

393461 2054
109 gTH S-IREET L L G

Cs: SUP-61097

POBOX1s70
LAS VEGAS NV 89125

I OPPOSE

this Request

space or card for your conments

suP-6roe7 IPRJ-60880]
Planning Commission Meeting
J.

of l0/l

312015

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City of Las Vcgas


l)cpartmcnl ol Planning
l)cveopment Scrviccs Cenler
333 Nonh Roncho Drivc, 3'd Floor

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Las Vcgas. Ncvada 89106

0001398173oCT. O1, 2015

Return Service Requested


Oflicial Notice of Public Hearing
N

A
FIALL

lf

you wish to filc your protcst or supPort on this reqresl, check thc
appropriate box bclor and return this card in an envelope with poslage to th
Departmcnt ol' Planning at the address li stec above, fax this side ol' this card to
(702) 464-7499 or make your comments at www.lasvegasnevada.gov. lf yott
would-, Iikc to contact your Council Representative, please call (702) 229'

*o'lVl

i,y,ilfi:i

393461 201 2

Case: SUP-61097

220 8TH STREET L L C


P O BOX 1s70
LAS VEGAS NV 89125

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Pleaset vailable blank s ace on card for your commenls.

suP-6r0e7 [PRJ-60880]
Planning Commission Meeting

of l0/13/2015

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Department of Planning

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333 North Rancho Drivc, 3d Floor
Las Vegus, Ncvada 89106

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000.471

0001398f73oCT 01 2015

Return Service Requested


Oficial Notice of Public Hearing
N

A
I.tALL

lf you wish to file your protest or support on ths request, check lhe
appropriate box below and return this card in an envelope wilh postage to lhe
Deparlrnent o[Planning at the address listed above, flax this side ofthis card to
(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
P O BOX 1570
LAS VEGAS NV 89125

I OPPOSE
this Request

space on card for your comments.

suP-6toe7 IPRJ-60880]
Planning Commission Meeting of l0/13/2015

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City ol'Las Vcgas


Dcpartmcnt of Planning
l)evelopmcnt Scrvices Cenler
333 North Rancho l)rive. 3d Floor

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Las Vegas. Ncvada 89106

Return Service Requested


Oflicial Notice of Public Hearing
N

ll'

you wish to f'ile your protest or suppor on this requcst, check

the

ilppropriate box hclow and return this card in an envclope with postage to the
Dcpartment ol'Planning at the address listed above, lax this side of rhis card to
(70 4f/.7499 or make your comments at www.lasvegasnevada.gov. If you
would likc to contacl your Council Rcpresentative, please call (702) 229-

I OPPOSE

393461 1 025
210 BTH STREE'T L L C
P O BOX 1s70

Case: SUP-610t17

LAS VEGAS NV 89125-1570

this Request

k space on card for your commenls

suP.6loe7 IPRJ-60880]
Planning Comnrission Meeting
1

of l0/l3l20l5

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Cty ol Las Vegas


Depatmenl of Planning
Dcvclopment Services Center
333 North Rancho Drive, 3d Floor

nffi-P/tE
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Las Vegas, Ncvada 89106

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trc,

000.47r

000r398173ocT. 01. 2015

Return Service Requested


Official Notice of Public Hearing
N

If

you wish to file your protcst or support on this requcsl, check

the

appropriate box helow and return this card in an envelope with postage to the
Deparlment ol'Planning at the addrcss listed above, fax this si<Je of this card to
(7OZ) 464-7 499 or make your commcnts ut www.lasvegasnevacla.gov. Il you
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

space on card for your comments.

suP-610e7 [PRJ-60880]
Planning Commission Meeting of l0/13/2015

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City of Las Vcgas


I)cpar1 ment

of Planning

Development Services Center


333 Nonh Rancho Drive, 3d Floor
Las Vegas, Nevada 89 I 06

FE
Eo

Return Service Requested


Official Notice of Public Hearing
N

A
HALL

lf you wish to file your

protesl or support on this request, check the

nppropriate box below and relurn this card in an envelope with postage to the
Depalmenl of Planning al the address listed above. lax this side o[this card to
(702\ 464-7499 or make your ommenls at www.lasvegasnevada.gov. Il'you
would like to contact your Council Represenlative, please call (702) ?29I OPPOSE
this Rcquest

393451 2029

Case: SUP-61097

209 7TH STBEET L L C


P O BOX 1570
LAS VEGAS NV 89125-I570

space on card for your comments.

suP-61097 [PRJ-60880]
Planning Commission Meeting of l0/l 312015

I 4.'{ l-iFfitr'.Jr'lF5 rl'i! 1..!

l,,,11,11,,lll,',,llll,.l'alll'tlltl','llllllll,ll

U.S. POSTAGE )> HTNEY BowES

E,s

City of Las Vegas


l)cpnnrnent of Planning
l)cvelopment Services Center
333 North Rancho Drive, 3il Floor

ftGL-/tlt.-r:
4l:-

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rfi'o'

tro

Las Vcgas. Nevada 89106

$ 000.471

00013981730C1 01 2015

Return Service Requested


Offrcial Notice of Public Hearing
N

A
HiqLL

lf you wish to flc

your protest or support on this rcquesl, check

the

appropriate box bclow and return this card in an envelope with postagc to the
Depaf mcnt ol'Planning at the address listed above. fax this side ol'lhis card to
(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

319 gIH SREET L L C

P O BOX 1570
LAS VEGAS NV 89125

I OPPOSE
this Request

space on card for your comments

suP-610e7 [PRJ-60880]
Pf

anning Commission Meeting of


1,:1

l0/l 3l20l5

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City oI Lrs Vegas


Dcpanrncnl ol Planning
Developmenl Sr:rviccs Ccntcr
333 North Rancho l)rivc,3d Floor
Las Vegas. Ncvada 89106

P{

TilEY BOWES

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6r ?fl'0, $ 000.471

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0001398173oCT. 0't. 2015

Return Service Requested


Oflicial Notice of Public Hearing
N

A
TIALL

If

you wish to lle your protest or support on this request, check thc
appropriate box below and retum this card in an envelope with postagc to the
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.

I OPPOSE
this Request

k space on card for your comments


suP-61097 IPRJ-60880]
Planning Commission Meeting of l0/l 3l20l5

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Depart ment

of Planning

l)cvclopment Scrvices Centcr


333 North Rancho l)rivc, 3d Floor

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Las Vcgas. Ncvada 89 I 06

Return Service Requested


O'icial Notice of Public Hearing
N

A
}IALL

lf you wish to le your protest or

supporl on this request, check the

appropriate box hclow und return this card in an envelope with postage to the
Depaf ment of Planning at the addrcss listcd above, fax this side of this card to
(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

k space on card for your comlnents.

suP-6r0e7 IPRJ-60880]
Planning Commission Meeting

l rll

of l0/1312015

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)epament of Planning
l)evelopment Serviccs Center
333 North Rancho Drive, 3d Ftoor

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0001398173oCT 01.20t5

tr(J

Las Vcgas. Nevaclu 8910

S. POS.AG E >> HTNEY BOWES

t:L-/t
[:t.
v1/:--r:

Return Service Requested


Oficial Notice of Public Hearing
N

A
HALL

ll' you rvish to llc your protest or support on this rcqucst, check thc
appropriate box bclow and retum this card in an envclopc wth postge to thc
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

space on card for your comments

suP-610e7 IPRJ-60880]
Planning Commission Meeting of l0/1312015

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City of Las Vegas


Department ol Planning

nffi-E/t

t.

Development Serviccs Center


333 North Rancho Dive, 3d Floor
Las Vegas. Ncvadu 89 I 06

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EE

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0't 20t5

io

0001398173 oCT.

Return Service Requested


Oficial Notice of Public Hearing
N

A
I.IALL

ll

you wish to file your prolest or support on this requcst, check

the

appropriate box bclow and retum this card in an envelope with postage to the
Depanment ol'Planning at the addrcss listed above, fax this side ol'this card to
(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
P

o Box

1570

LAS VEGAS NV 89125

I OPPOSE
this Request

space on card for your comments.

Planning Commission Meeting of l0/ I 3/2015


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Cty ol'Las Vcgas


Departnrcnt of Planni ng
Devclopment Serviccs Ccnler
333 Nonh Rancho f)rive, 3d Floor
Las Vegas. Nevada 89 I 06

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HTNEY BowEs

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Official Notice of Public Hearing
N

;'i

H/dLL

ll

you wish lo lle your protest or support on this rcquest, chcck thc
approprirtc box below an<J return this card in an envelopc with postagc to the
Deprrtmnt ol'Planning al the address listed above, [ax this side o[ this card to
(7O2) 4&-7499 or make your comments ol www.lasvegasnevada.gov. lf you
rvould like l contact your Council Representative, please call (702) 229-

r393sg1oo73

case: suP-61097

110 I3TH STREET L L C

6405.

P O BOX 1570

I SUPPORT

I OPPOSE

this Requcst

this Request

LAS VEGAS NV 89125

Please use availabe blank space on card for your comments.

suP-6loe7 [PRJ-60880]
Planning Commission Meeting of

l0/l3l20l5

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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.
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393461 2053

Case: SUP-61097

111 gTH STREET L L C


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Case: SUP-61097

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LAS VEGAS NV 89125

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Plarrning Conrmission Meeting

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Las Vegas. Nevada 89106

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case: suP'61097

820 FFEMONT STREET L L C


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LAS VEGAS NV 89125

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would like to contrct your Council Representalive, plcase call (1Q2) 2296405.

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Case: SUP-61097

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would likc to contact your Council Representative, pleaso call (702) 229I OPPOSE

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rvould likc to contact your Council Representative, please call (702) 2296405.
I SUPPORT
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1393461202g

case: suP10e7

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LAS VEGAS NV 89.I25

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case: suP-61097

12 MABYL,AND PKWY L L C
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LAS VEGAS NV 89125
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Planning Commission Meeting of 1U1312015
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(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

Please use available blank space on card for your comments.

suP-61097 [PRJ-60880]

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(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

DEMASSI DOUGH & HEATHER


2716 BAYO CT
LAS VEGAS NV 89102.2018

Please use available blank space on card for your comments.

suP-610e7 [PRJ-60880]
Planning Commission Meeting of l0l13/2015

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20 15

October L3,?ALS
To:

las Vegas City Planning Commission

From:

The Neighbors

Re

Item 8 on October L3,?OLS

The following is a condition to be placed on the Special Use Permit for


the property at 927 Fremont SEeet IAPN t39-34-6L2-076)' as
discussed at the Neighborhood Meeting on October L2,20L5.
To the attached list of conditions, one more should be added.

Thank you for your assistance in this matter.

iolrz[tf

" ri 6

suPsl7 [PRJ-608801

W4ltlVet,

AGEND

ilEHO - PLANN'TG

pLANt'||tG COUTilSSTON nEEnNG DATE: OCTOBER 14 t15

DEPNililENT:

PLANIII{G
rreu DESCRTPTKTN: APPLEAilT: TODD KESSLER - OWiIER: llXl OTH STREET'

IIG

:'J:i

!-f

CASE
IUTIEER

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REAUIRED FOR
APPROVAL

RECOiIMEI!DATION

o conditi:

Staffrecomds

suP-61097 CONDITIONS
Plannino

lr

LVMC Title 19.12 for a Tavern-

Confommce to atl Minimum Requirements


Limited Establishent use.

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-

J.

building pmits qhall be obtained and finl inspections shall be cory_leted in


All necessy-rio
riU 19 md all codes as required by the uepatment of Building d
oorylie
Safety.

4.

Thse Condtios of

for building pmit,


5.

Apmval sball be &ed b e cover et of my plan set smtd

* Gll

srbnined as pt of any business license qrylication

Mircrs all only be peaitfed in snrch ueas ufurein ryirituou+ malt m fermented liqpors
or wipg5 ae serred "tv i" coqirMion wift ryular neals md wbe rlining tables or
boofrs areprovided setrate fromte btin conformcewiTie 6'f)'

6-

ApeovalofthisspecislUsePermitfunotconstinteqlg.ovalofaliqrrorlicem.

7.

This business shall operate in conform to Chaer 650 of lhe City of Is Vegas
Municipal Code-

8.

All Cy Code requirms d

desigp

dads

of all City dptme mrst be sdisc4

except as modified hfieiaComrniesicn


Subrnlirrtr I i'tlrrninE

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Agenda Item No.: 14.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

35

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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]

GPA-59270, ZON-59271, SUP-61698 and SDR-59272 [PRJ-58502]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: POSITIVELY KIDS - OWNER: SWAN
FOUNDATION, LLC

** 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

GPA-59270, ZON-59271, SUP-61698 and SDR-59272 [PRJ-58502]


Conditions Page Two
December 8, 2015 - Planning Commission Meeting

6.

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


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

7.

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

GPA-59270, ZON-59271, SUP-61698 and SDR-59272 [PRJ-58502]


Staff Report Page One
December 8, 2015 - Planning Commission Meeting

** 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

GPA-59270, ZON-59271, SUP-61698 and SDR-59272 [PRJ-58502]


Staff Report Page Two
December 8, 2015 - Planning Commission Meeting

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


The City Council approved a request for Variance (VAR-10622) for a 70-foot
setback where residential adjacency standards require a 105-foot minimum
setback for a proposed professional office building located at 2496 West
Charleston Boulevard. The Planning Commission and staff recommended
approval.
11/15/06
The City Council approved a Site Development Plan Review (SDR-16542)
for a proposed 21,726 square- foot professional office building on 1.82 acres
at 2496 West Charleston Boulevard. The Planning Commission and staff
recommended approval.
10/13/15
The Planning Commission approved a request to hold GPA-59270, ZON59271, SUP-61698 and SDR-59272 in abeyance to the December 08, 2015
agenda. Staff supported this request.

Most Recent Change of Ownership


01/26/12
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A Building Permit (#26083) was issued for a shell building at 2496 West
09/30/08
Charleston Boulevard. This permit was not finalized and the building was
never occupied.

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

GPA-59270, ZON-59271, SUP-61698 and SDR-59272 [PRJ-58502]


Staff Report Page Three
December 8, 2015 - Planning Commission Meeting

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.

Details of Application Request


Site Area
Net Acres
1.82

Surrounding
Property

Existing Land Use


Per Title 19.12

Planned or Special
Land Use Designation

Existing Zoning District

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)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
A-O (Airport Overlay) District 175 - Feet
Rural Preservation Overlay District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
Compliance
Y
Y
Compliance
N/A
Y
N/A
N/A

YK

GPA-59270, ZON-59271, SUP-61698 and SDR-59272 [PRJ-58502]


Staff Report Page Four
December 8, 2015 - Planning Commission Meeting

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

Pursuant to Title 19.08.070, the following standards apply:


Landscaping and Open Space Standards
Required
Standards
Ratio
Trees
Buffer Trees:
North
1 Tree / 20 Linear Feet
9 Trees
South
1 Tree / 30 Linear Feet
6 Trees
East
1 Tree / 30 Linear Feet
24 Trees
1 Tree / 20 Linear Feet
16 Trees
West
TOTAL PERIMETER TREES
55 Trees
1 Tree / 6 Uncovered
Parking Area Trees
Spaces, plus 1 tree at the
12 Trees
end of each row of spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
8 Feet
South
15 Feet
East
8 Feet
8 Feet
West
Wall Height
6 to 8 Feet Adjacent to Residential

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

GPA-59270, ZON-59271, SUP-61698 and SDR-59272 [PRJ-58502]


Staff Report Page Five
December 8, 2015 - Planning Commission Meeting

Street Name

Functional
Classification of
Street(s)

Charleston
Boulevard

Primary Arterial

Governing Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Planned Streets and


Highways Map

100

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

GPA-59270, ZON-59271, SUP-61698 and SDR-59272 [PRJ-58502]


Staff Report Page Six
December 8, 2015 - Planning Commission Meeting

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.

The proposal conforms to the General Plan.

YK

GPA-59270, ZON-59271, SUP-61698 and SDR-59272 [PRJ-58502]


Staff Report Page Seven
December 8, 2015 - Planning Commission Meeting

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.

The proposed development is compatible with adjacent development and


development in the area;
The proposed Convalescent Care Facility/Nursing Home is compatible with existing
adjacent residential and commercial uses.

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

GPA-59270, ZON-59271, SUP-61698 and SDR-59272 [PRJ-58502]


Staff Report Page Eight
December 8, 2015 - Planning Commission Meeting

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
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.

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.

Building elevations, design characteristics and other architectural and aesthetic


features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;
The contemporary architectural design of the existing building is aesthetically compatible
with development in the area.

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.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

24

NOTICES MAILED

147 - GPA-59270 and ZON-59271


150 - SUP-61698 and SDR-59272

APPROVALS

3 - GPA-59270 and ZON-59271


0 - SUP-61698
3 - SDR-59272

PROTESTS

35 - GPA-59270 and ZON-59271


0 - SUP-61698
32 - SDR-59272

YK

GPA-59270

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GPA-59270 [PRJ-58502] - GENERAL PLAN AMENDMENT RELATED TO ZON-59271, SUP-61698 AND


SDR-59272 -APPLICANT: POSITIVELY KIDS - OWNER: SWAN FOUNDATION, LLC
2496 WEST CHARLESTON BOULEVARD
06/04/15

GPA-59270 [PRJ-58502] - GENERAL PLAN AMENDMENT RELATED TO ZON-59271, SUP-61698 AND


SDR-59272 -APPLICANT: POSITIVELY KIDS - OWNER: SWAN FOUNDATION, LLC
2496 WEST CHARLESTON BOULEVARD
06/04/15

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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

Dear Members of the Planning Commission

The Palomino Gardens Homeowners Association, a duly incorporated and licensed


homeowner association in the State of Nevada ( Palomino Gardens"), recently held a
vote of its members with respect to the above referenced items that were heard for
action at your meeting of July 14h and subsequently held in abeyance to your upcoming
meeting of August 11 , 2015.

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

cc:

Board Palomino Gardens Homeowners Association


-,,- i irlariinq Cornrlisslc'-,

Councilwoman Lois Tarkanian

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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.
NAME

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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.
NAME

(f,ri"l)

ADDRESS

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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

SIGNATURE

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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

@
81

IL

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

2z,u// zn.

//J7 alel//onn/2..(ar /e2a<r,, z1/tz frlaz

Agenda Item No.: 15.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

35

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

ZON-59271

ZON-59271

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A7

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A7

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77
7
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b77>
b

bAA7

A7A

A7

77
7
777

777

77A
77
7
777
775
777
75

777

b77b
b
b

777

77

7b77b

ZON-59271


777

b b
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b
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777

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Agenda Item No.: 16.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

SUP-61698

SUP-61698

Agenda Item No.: 17.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

32

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
4. Protest/Support Postcards

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

SDR-59272

SDR-59272

Agenda Item No.: 18.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

18

Planning Commission Mtg.

20

City Council Meeting

City Council Meeting

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]

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 [PRJ-60825]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: RAINBOW ANN (I), LLC

** 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

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 [PRJ-60825]


Conditions Page Two
December 8, 2015 - Planning Commission Meeting

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.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a


Beer/Wine/Cooler Off-Sale Establishment.

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

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 [PRJ-60825]


Conditions Page Three
December 8, 2015 - Planning Commission Meeting

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.

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


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

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

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 [PRJ-60825]


Conditions Page Four
December 8, 2015 - Planning Commission Meeting

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

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 [PRJ-60825]


Conditions Page Five
December 8, 2015 - Planning Commission Meeting

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

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 [PRJ-60825]


Staff Report Page One
December 8, 2015 - Planning Commission Meeting

** 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

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 [PRJ-60825]


Staff Report Page Two
December 8, 2015 - Planning Commission Meeting

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.

Most Recent Change of Ownership


07/06/15
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


No records on file at this time.

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

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 [PRJ-60825]


Staff Report Page Three
December 8, 2015 - Planning Commission Meeting

Neighborhood Meeting
Meeting Start Date: 5:30 pm
Attendance:

09/10/15

Meeting End Date:

6:30 pm

10 Members of the Public


2 Applicants
2 CLV Staff

Major issues raised included:


Over-saturation of car wash, alcohol and fast food in the area;
Homeless problem within nearby Albertsons shopping center could
spread to the subject site;
Noise and smells associated with gasoline sales, car wash and fast
food not compatible with adjacent residential;
Site should drain to Ann Road, and not through the subdivision to the
east;
Egress from this site could be difficult, due to high-speed traffic on
east-bound Ann Road.

Field Check
09/03/15

Staff visited the site and found it to be undeveloped and vacant. No issues
were noted.

Details of Application Request


Site Area
Net Acres
1.64

Surrounding
Property
Subject Property
North
South
East

Existing Land Use


Per Title 19.12

Vacant SingleFamily, Detached


Single-Family,
Detached

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

Existing Zoning District


R-E (Residence Estates)
C-1 (Limited
Commercial)
R-E (Residence Estates)
R-PD4 (Planned
Development Four Units
Per Acre)

YK

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 [PRJ-60825]


Staff Report Page Four
December 8, 2015 - Planning Commission Meeting

Surrounding
Property
West

Existing Land Use


Per Title 19.12
Single-Family,
Detached

Planned or Special
Land Use Designation
ML (Medium-Low
Density Residential)

Existing Zoning District


R-1 (Single-Family
Residential)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
Rural Preservation Overlay District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance
*The Planning Director approved a deviation from standards.

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

Residential Adjacency Standards


3:1 proximity slope
Trash Enclosure

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

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 [PRJ-60825]


Staff Report Page Five
December 8, 2015 - Planning Commission Meeting

Pursuant to Title 19.08, the following standards apply:


Landscaping and Open Space Standards
Required
Provided
Standards
Ratio
Trees
Buffer Trees:
North
1 Tree / 20 Linear Feet
9 Trees
10 Trees
South
1 Tree / 20 Linear Feet
14 Trees
24 Trees
East
1 Tree / 20 Linear Feet
14 Trees
26 Trees
West
1 Tree / 20 Linear Feet
11 Trees
13 Trees
TOTAL PERIMETER TREES
48 Trees
73 Trees
1 Tree / 6 Uncovered
Parking Area Trees
Spaces, plus 1 tree at the
15 Trees
17 Trees
end of each row of spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
15 Feet
15 Feet
South
8 Feet
10 Feet
East
8 Feet
15 Feet
15 Feet
15 Feet
West
Wall Height
6 to 8 Feet Adjacent to Residential
6 Feet
*An Exception has been requested as the distribution and spacing are not to code.

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

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 [PRJ-60825]


Staff Report Page Six
December 8, 2015 - Planning Commission Meeting

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

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 [PRJ-60825]


Staff Report Page Seven
December 8, 2015 - Planning Commission Meeting

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

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 [PRJ-60825]


Staff Report Page Eight
December 8, 2015 - Planning Commission Meeting

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

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 [PRJ-60825]


Staff Report Page Nine
December 8, 2015 - Planning Commission Meeting

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.

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


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

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

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 [PRJ-60825]


Staff Report Page Ten
December 8, 2015 - Planning Commission Meeting

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

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 [PRJ-60825]


Staff Report Page Eleven
December 8, 2015 - Planning Commission Meeting

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

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 [PRJ-60825]


Staff Report Page Twelve
December 8, 2015 - Planning Commission Meeting

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.

The proposed development is compatible with adjacent development and


development in the area;
This proposed development reflects an over-development of the site as reflected in the
Waiver and Exceptions that accompany the application. The car wash also is designed to
allow the wash bay to front onto the right-of-way and this location is not compatible with
the adjacent single-family dwellings.

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

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 [PRJ-60825]


Staff Report Page Thirteen
December 8, 2015 - Planning Commission Meeting

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.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
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.

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.

Building elevations, design characteristics and other architectural and aesthetic


features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;
The Waiver creates an undesirable and unsightly appearance from the street making the
entire project non-compatible with the adjacent residential areas.

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.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

30

NOTICES MAILED

622 - GPA-60977 and ZON-60978


622 - SUP-60980 and SUP-60982
622 - SDR-60983

APPROVALS

20 - GPA-60977 and ZON-60978


17 - SUP-60980 and SUP-60982
17 - SDR-60983

PROTESTS

18 - GPA-60977 and ZON-60978


20 - SUP-60980 and SUP-60982
17 - SDR-60983

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GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 - REVISED

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 - REVISED

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 - REVISED

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 - REVISED

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GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 - REVISED

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 - REVISED

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 - REVISED

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 - REVISED

GPA-60977, ZON-60978, SUP-60980, SUP-60982 and SDR-60983 - REVISED

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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GPA-60977, ZON-60978, SUP-60979, SUP-60980,


SUP-60981, SUP-60982 and SDR-60983

GPA-60977, ZON-60978, SUP-60979, SUP-60980,


SUP-60981, SUP-60982 and SDR-60983

GPA-60977, ZON-60978, SUP-60979, SUP-60980,


SUP-60981, SUP-60982 and SDR-60983

GPA-60977, ZON-60978, SUP-60979, SUP-60980,


SUP-60981, SUP-60982 and SDR-60983

GPA-60977, ZON-60978, SUP-60979, SUP-60980,


SUP-60981, SUP-60982 and SDR-60983

GPA-60977, ZON-60978, SUP-60979, SUP-60980,


SUP-60981, SUP-60982 and SDR-60983

GPA-60977, ZON-60978, SUP-60979, SUP-60980,


SUP-60981, SUP-60982 and SDR-60983

City of Las Vegas


Depariment of Plannng

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Official Notice of Public Hearing

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I SUPPORT
ths Request

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Case: GPA{0977

DERMODY JUDITH A
6517 SAND BENCH AVE
LAS VEGAS NV 89130-4BOO

I OPPOSE
this Request

Please use available blank space on card for your comments.

GpA-60e77 & ZON-60978 [PRJ-60825]


Planning Commission Meeting

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6705 FRUIT FLOWEB AVE
LAS VEGAS NV 89130.3849

I OPPOSE
this Rcquest

Please use available blank space on card for your comnrents.


GpA-60977 & ZON-60978 [PRi-60825]
Planning Commission Meeting of l0/13/2015

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GFA,6977 & ZON-6r1978 [PRI-608 25]


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appropriate trox below tnd return this carxl in an r:rvelope with posf*ge lo thc
Dcpartment of Planniing at thc ddrss listed above. fax this side of this card to
Qffi) 46+7499 or make your cofnrnnts rt wlwtv.lasveganeva(i.gov. Il you
would like to contct your Council Reprusentativc. please call (?Q2) 229-

1535111067

I SUPPORT
this Request

6qe: oPA.d977

KERFI STANLEY F JF & TAM,f/ L


55E2 POFCUPINE BIM S1
LAS VGAS NV 89130.4803

(;405.
OFPQSE
this Request
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Please use avatlable blank space on card for your cofnments.

cpA-tr0977 & 7"ON.fi097E [PRI-60825]


Planning Commission Meeting of l0i l-j/2015

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s Vcgas, Nevada 89106

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Cty of Las Vegas


DePt. of Planntng

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you 'wish ro file your Prctest or support or tlris fequest, cleck the
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appropriale box betow ad retum his cad in an envelope with pcstage to the
Departrnent of Planning at lle address listed tbove. lax this side of this card fo
('tU)) 46'l '1+99 or make you conents t ltww.lasvegsnevada-gov. If you
woulJ like to cotfct your Council Representttive, please cell (702, 229640.s.
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GPA-6097? & ZON-60978 [PR'-608251
Planning Cornmission Meeting of Ltrl3/2015

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:l:13 North Rancho Drive,3"'Floor
Las Vegus, Nevada 89106

Return Service Requested


Official Notice of lrbllc Hearing
N

RECEIVb.N

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2tl15

I-IALL

City of Las vegrrs


Deot. a Plattniitg

If

you wish to lle your protest or sttpport on this rcqucst, check tlrc
rppropriste box below anrt return this cad i envelope with postago to the
f)epartmeat ol Planning at thc address listcrJ above. fax this sidc of hi canl to
(102) 4U-1499 or make your conrner[t; irt www.lsvegnsncvadu.gov. If you
rvould likc to corrtrct your Council Representativc, plcase call (702) 229I OPPOSH

2o3s

case: GPA'60977

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1 2sg4s1
BARCLAY DONALD L JR & ANNETTE M
5412 ROSE THICKET ST
LAS VEGAS NV 89130.1674

this Request

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GPA-6oe?7 & ZON-60978 [PRJ-608251


Planning Commission Meeting of l0/13/2015
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Submitted atter final agenda

Datolt4-

q ft

LAS

{)eoter 1, 2015

Mr. Mike Montandon


Rainbow Ann (I) LLC
719 Oakbridge Court
North Las Vegas, Nevada 89032

LAS VEGAS

CITY COUNCIL

RE:

CAROLYN G. GOODMAN

GPA-60977 [PRJ-60825J - GENERAL PL.AN AMENDMENT RELATED TO


zoN-60978, SUP-60980, SUP-60980, SUP-60982 AND SDR-60983
PL./INNING COMMISSION MEETING OF {TO,BR 13, .3{},5

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

C of Las Vegas Planning Commission at its regular meeting on


referred to above, will consider your request. This meeting will be
at the Council Chambers of City Hall, 495 South Main Street,

Please be advised the

STAVROS S. ANTHONY

Las Vegas, Nevada.

copy of staffs recommendations, any conditions related to your application and


theJinal genda will available on-line on -''ednesr/el-yn Ocln*r 7, $/"t at
www, lasvegasnevada.gor'. If you do not have access to the Intemet and would prefer
receiving hard copies of the documentation, please call the Case Planning Division at
(702) 229-6301 or come into the Development Services Center at333 North Rancho
Drive, 3'd Floor, Las Vegas, Nevada 89106 to request your copies.
The Planning Commission requires that you or your representative be present at this
meeting.
S

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

AR:nl
cc:

LASVEGAS, NEVADA 89106

votc|702.229.6301
FX702.474.0352
TTY

7-.1-.1

www, lasvegasnevada. gov

ft u
/city of las vegas

Mr. Richard Gallegos


Pacific Design Concepts
6725-5 S. Eastern Avenue
Las Vegas, Nevada 89118
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2014 WINNER OF THE U.S. CONFERENCE OF MAYORS CLIMATE PBOTECTION AWARD

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lf you could please take the time, we would appreciate your feedback on the plan for the proposed Fast
Food, Convenience Store and Gas Station plan for the site at the southeast corner of Ann Road and
Rainbow Boulevard. Please complete and return to us by hand, mail, or fax.
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Agenda Item No.: 19.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

18

Planning Commission Mtg.

20

City Council Meeting

City Council Meeting

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

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

ZON-60978

ZON-60978

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Agenda Item No.: 20.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

20

Planning Commission Mtg.

17

City Council Meeting

City Council Meeting

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]

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

SUP-60980

SUP-60980

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PAGE

Department of Planning
Development $ewics Center
3ls Nrth R^f,rtcho Dive, 3d Floor
Lar Yeges, Nevada 89106

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Official Notice of Public Hearing
f{

2015,

RECEIVED

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Ciiy of Las V';gas


DePt. of Plannt;rg

cse: sup0980
t301
HICKS BRIAN C & BHENDA A
6s50 W HAMMER LN
L.A.S VEGAS NV 8913T.1707
.125351

6405.

I SIJFPOR

OFPOSE

thls Request

thil Request
on card for you comments.

Pjease use available bls-nk

suP,6o9Eo & suP-609s2 IPRJ-608251


Planning Commissio Meeting of 10/13/?015

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City of Las Vcgas

U,S. POSTAGE >> PITNEY BOWES

Department ol- Plarrni ng


Dcvclopmcnt Scrvices Center
3-13 North Rancho l)ri'r'e. 3d Floor
Las Vegas, Ncvada 89106

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Return Service Requested


Official Notice of Public Hearng

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0001398173oCT Of. 2015

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lf

you wish to t'ilc your protest or suppon on this requcst, chcck thc
uppropriate box bclow rnd rcturn f.his cartl in an cnvolopc with postagc to thc
Departnrcnl of Planning at the address listccl abovc, lax this side ol'this card to
(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.
f SUPPORT

I OPPOSE

this f{equest

this Request

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12s3sr'r 1
RAU JAMES A SR

sEfl1ile.j4+++

case: suP'6os8o

S4r-l g<l

6517 SAND EENCH AVE


LAS VEGAS NV 89130-4800

Please use available blank space on card for your comments.

sup-609E0 & sup-609E2 [PRJ-60825]


Planning Conrnrission Meeting

of l0/l

312015

F:- l.{l::l[If:i:f.{l,l,:;J

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City of Las Vegas

U.S. POSTAGE

Dcpartmcnt of Planning
Dcvclopment Services Center
333 Norrh Rancho Drive, 3d Floor

rruev sowes

E;E

Las Vcgas, Nevado 89 | 06

Return Service Requested


Offrcial Notice of Public Hearing

RECETVET}

t]tT

?r5

Cty of Las Vegi-:t


Dept. cf 'lilnninq

TIALL

tl' you wish to flc your protest or support on lhis rcqucst, chcck the
appropriatc box below and retum this card in an envelope with postage to the
Dcpatmcnt of'Planning at the address listed above, lax this side ol this card to
(702) 4&-7499 or make your comments at www.lasvegasnevada.gov. If you
would like to contacl your Council Representarivc. please call (702) 229'
6405

I SUPPORT

I OPPOSE

this Request

this Request

Case: SUP0980

253451 4004

P&JKLIMEKTRUST
KLIMEK PHILLIP & JODIE LYNN TFS
6705 FFUIT FLOWER AVE
LAS VEGAS NV 89130-3849

Please use available blank space on card for your comments.

sup-60e80 & suP-60982 [PRJ-60825]


Planning Commission Meeting of l0/13/2015

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Departrneat ofPlanning
Development Sevices Cff ter
333 Norrh Rqcho Drive, 3d Floor
tas Yegas, Nevada89106

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Return Service Requested


Offrcial Notice of Public llearing

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you wish to file your protest or suppont on ths requesf, check tle
apprpriate box below and re$rn this cud in an enrelope with posage to the
Depertffenl of Ptanning at the addess listed abovq lax tltis side of rhis cffd to
{7W} 464-7499 or make your comments at wtvw.lasvega.snevada-gov. ff you
would like [o onrct your Council Represefftivg please call Q02] 229-

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og0

tase: suP0960

HATH JEFFRY ALAN & MIS TELEI{


5512 GOLDBRUSH ST
LAS VEGAS
89f 3GI65

6405.

I SUPFORT
this Reguast

.t

I OPPOSE
this Request

'W

Please usa availble biank spac on card for your comments.

suP-6980 & SUp.609e2 [PRI.60825]


Plalning Commissian Meeting of I O/ I 3/20 I 5

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333 North Rancho Drive, 3d Floor
Las Vegas, Nevada 89106

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H you wish to file your Protest or support on this request, check

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to
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and
appropriate box
Up*trn"nt of Planning at the address listed above, fax this side of this cald to
If-YOu
QOZ) +-l+s9 or make your cotments a1 www.lasvegasnevada.gOv.
(702)
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125351

this Request

this Reest

031

Cas: SUP-60980

INCHAUSTI DANIEL C
5530 MOONLTGHT GAHDEN ST
LAS VEGAS NV 89130-4998

6405-

I SUPPORT

1 1

OPPOSE

Please use available blank space on card for your comments'

suP-60980 & SUP-60982 |PRJ-608251


Planning Commission Meeting ol lDll3l2Dl

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Devcl opmEnt Srvices Cnler

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-133 Norrh t{anoho Drive, 3d


Las vegas, NevacJt 89106

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Of-rcial Notice of Public Hearing

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Dcpanment of Irlanning at rhe addrcss listccl bove, lnx thi.s sidc ol lhis card to
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rv<lukl tike to contact your Council Representative. pl*nse call (702) 2296+05.

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AIHFI FICK & ANDf,A

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LS VEGAS NV 88130.43

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If you
likc to contlrct your Council Reprcsefttative, please call QO2) 229-

164-7499 or nrake your cornmcnts at www.lasvegasnevadA,gov.

I OPPOSE

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case:suP'6oe8o

BARCLAY DONALD L JR & NNETTE M


5412 ROSE THICKET ST
LAS VEGAS NV 89I30.1674

this Requcst

k space on card for your comments


0e80 & suP.60982 [PRJ-60825J
ing Commission Meeting of l0/13/2015

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Agenda Item No.: 21.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

20

Planning Commission Mtg.

17

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Special Map
3. Supporting Documentation
4. Justification Letter

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

SUP-60982

SUP-60982

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SUP-60982

Agenda Item No.: 22.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

17

Planning Commission Mtg.

17

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Justification Letter
4. Protest/Support Postcards

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

SDR-60983

SDR-60983

SDR 60983
Rainbow/Ann (I), LLC

SEC Ann Road & Rainbow Boulevard


Proposed 8.18 thousand square foot retail center.
First Use
542.60

Average Daily Traffic (ADT)


CONVENIENCE MARKET W/GAS
[FUELING POSITIONS]

AM Peak Hour

12

PM Peak Hour

16.57
19.07

6,511
199
229

Second Use
496.12

Average Daily Traffic (ADT)


AM Peak Hour

FAST-FOOD WITH DRIVE-THRU [1000


SF]

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

Existing traffic on all nearby streets:


Ann Rd.
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

32,050
2,564

Rainbow Blvd.
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

8,750
700

Traffic Capacity of adjacent streets:


Ann Rd.
Rainbow Blvd.

Adjacent Street ADT Capacity


34,500
51,800

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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City of Las Vcgas

U.S.

Department of Planning
Dcvelopment Services Center
333 North Rancho Drive. 3d Floor
Las Vcgas, Ncvada 89106

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Return Service Requested


Official Notice of Public Hearing

POSfAGE

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Depar"tmenr of Planning at the address lstcd abovc, f ax this side o this card to
(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

Plcase use available blank space

12s351

1056

Cs: SDR-60983

BAU JAMES A SR
DERMODY JUDITH A
6517 SAND BENCH AVE
LAS VEGAS NV 89130.4800

card for your comments

sDR-60983 [PRJ-60825]
Planning Commission Meeting

of l0l13/2015

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Il'you wish to llc your protcst or support on Ihis request'

check thc
appropriate box bclow and rcturn this canl in an cnvelopc with postage io thc
Dcparlnrcnt of Planning ut lhe ritldrcss listcd abovc, lhx this side of this card to
(702) 464-7499 or makc your corlments rt www.lasvcgasnevada'gov. If you

would likc to contact your Council Rcprcscntative, please call

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640.5.

this l{equest

Caso: SDR-60983

KLIMEK PHILLIP & JODIE LYNN TRS


6705 FRUIT FLOWEH AV
LAg VEGAS NV 89130.3849

I OPPOSE
this Request

I SUPPORT

2534514004

P&JKLIMEKTRUST

Please use available blank space on card for your comments'

sDR.60983

[PRJ-60825]

'

Planning Commission Meeting of l0/1312015

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6405.

STIPPRT

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NATH JEFFREYtAN & IIIAHISA TELEN

551S GOLDBFUSH ST
t-AsvEGs NV 891So-f 65

I OPFOSE

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sDR.6oe83 [PRI-60825]
PJanning Commission Meeting of 10/t3/2015

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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

this Requesl

Case: SDR-60983

DUKE CRAIG D
5521 PORCUPINE RIM S T
LAS VEGAS NV 89130-4803

OP,POSE

)lease use availab.le blank space on card for your comments.

iDR-60e83 IPRJ 60825]

)lanning Cornmission Nfeeting of I0/13/2015


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Depnnnrnt ofPlanning
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313 Noith Runcho Dlivo, 3rFloor

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Depltnt oflPlannng ot fho ddress lstd sbovc. fa this ido of this clril ro
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-

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laa41
BAIRD HICK E SANORA
5II LOKAI AVE
L,{S VEOAS NV B130.160

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6660 WAHN F
LAS vEgs Nv 813&1214

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Ple.se use available blark spa on card for your comments.

sl}lR.4esi:i [PRr-6E2sl
PIannng Cornmission Meering frf l113?Ol5
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Dcvcloprncnt Scrvi cr Ccrttcr
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Agenda Item No.: 23.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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]

VAR-61938, SUP-60378 and SDR-60379 [PRJ-60315]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: LAS VEGAS BIBLE CHURCH

** 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

VAR-61938, SUP-60378 and SDR-60379 [PRJ-60315]


Conditions Page Two
December 8, 2015 - Planning Commission Meeting

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.

Approval of and conformance to the Conditions of Variance (VAR-61938) and Site


Development Plan Review (SDR-60379) shall be required.

3.

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

4.

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

5.

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

6.

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

SDR-60379 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Variance (VAR-61938)


and Special Use Permit (SUP-60378) shall be required, if approved.
GK/MR

VAR-61938, SUP-60378 and SDR-60379 [PRJ-60315]


Conditions Page Three
December 8, 2015 - Planning Commission Meeting

2.

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

3.

All development shall be in conformance with 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.

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


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

8.

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

9.

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

10.

Construct all incomplete half-street improvements on Donald Nelson Avenue, including


appropriate transition paving, meeting Current City Standards adjacent to this site
concurrent with onsite 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. Improvements on Donald Nelson shall comply
with Americans with Disabilities Act (ADA) guidelines.

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

VAR-61938, SUP-60378 and SDR-60379 [PRJ-60315]


Conditions Page Four
December 8, 2015 - Planning Commission Meeting

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

VAR-61938, SUP-60378 and SDR-60379 [PRJ-60315]


Staff Report Page One
December 8, 2015 - Planning Commission Meeting

** 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

VAR-61938, SUP-60378 and SDR-60379 [PRJ-60315]


Staff Report Page Two
December 8, 2015 - Planning Commission Meeting

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


The Planning Commission approved an abeyance request to the 11/03/15
10/13/15
Planning Commission for Special Use Permit (SUP-603748) and Site
Development Plan Review (SDR-60379) at the request of the applicant.
The Planning Commission approved an abeyance request to the 12/08/15
Planning Commission for Special Use Permit (SUP-603748) and Site
11/03/15
Development Plan Review (SDR-60379) at the request of the applicant. The
abeyance request was approved for the re-notification of the project.

Most Recent Change of Ownership


05/08/15
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no related building permits or business licenses on the subject site.

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

Attendance: 31 Members of the Public


4 Applicants
2 CLV Staff
Issues/Concerns:

GK/MR

VAR-61938, SUP-60378 and SDR-60379 [PRJ-60315]


Staff Report Page Three
December 8, 2015 - Planning Commission Meeting

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

Why did you choose this location of the church?


Applicant: We liked the neighborhood and purchased the land.
Why are there so much architectural details, such as the cross, on the
north side of the building if it going to face a block wall?
Applicant: This is a planning requirement that the building must have
equal detailing.
Do you plan on expanding to the property to the north?
Applicant: If future expansion occurs the building and parking lot will
expand south.
How big is the existing church and how large do you expect to grow?
Applicant: The existing church is 11 families with about 40 members
and we would like to grow to 120 members. The church will run two
sessions.

GK/MR

VAR-61938, SUP-60378 and SDR-60379 [PRJ-60315]


Staff Report Page Four
December 8, 2015 - Planning Commission Meeting

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.

Details of Application Request


Site Area
Gross Acres
1.00
GK/MR

VAR-61938, SUP-60378 and SDR-60379 [PRJ-60315]


Staff Report Page Five
December 8, 2015 - Planning Commission Meeting

Surrounding
Property

Existing Land Use


Per Title 19.12

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)

Existing Zoning District


R-E (Residence Estates)
R-E (Residence Estates)
R-E (Residence Estates)
R-E (Residence Estates)
R-E (Residence Estates)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
Rural Preservation Overlay District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
Compliance
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

VAR-61938, SUP-60378 and SDR-60379 [PRJ-60315]


Staff Report Page Six
December 8, 2015 - Planning Commission Meeting

Residential Adjacency Standards


Adjacent development matching setback
rear
Adjacent development matching setback
side
Trash Enclosure

Required/Allowed

Provided

Compliance

35 Feet

35 Feet

10 Feet
50 Feet

25 Feet
65 Feet

Y
Y

Pursuant to Title 19.08, the following standards apply:


Landscaping and Open Space Standards
Required
Standards
Ratio
Trees
Buffer Trees:
North (124)
1 Tree / 20 Linear Feet
7 Trees
South (102)
1 Tree / 20 Linear Feet
7 Trees
East (271)
1 Tree / 20 Linear Feet
11 Trees
1 Tree / 20 Linear Feet
14 Trees
West (271)
TOTAL PERIMETER TREES
40 Trees
1 Tree / 6 Uncovered
Parking Area Trees
Spaces, plus 1 tree at the
7 Trees
end of each row of spaces
LANDSCAPE BUFFER WIDTHS

Standards
Min. Zone Width
North
South
East
West
Wall Height

Street Name

Landscaping and Open Space Standards


Required
Ratio
Trees
8 Feet
15 Feet
15 Feet
8 Feet
6 to 8 Feet Adjacent to Residential

Functional
Classification
of Street(s)

Donald Nelson Avenue

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

VAR-61938, SUP-60378 and SDR-60379 [PRJ-60315]


Staff Report Page Seven
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
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

VAR-61938, SUP-60378 and SDR-60379 [PRJ-60315]


Staff Report Page Eight
December 8, 2015 - Planning Commission Meeting

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

VAR-61938, SUP-60378 and SDR-60379 [PRJ-60315]


Staff Report Page Nine
December 8, 2015 - Planning Commission Meeting

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.

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


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

GK/MR

VAR-61938, SUP-60378 and SDR-60379 [PRJ-60315]


Staff Report Page Ten
December 8, 2015 - Planning Commission Meeting

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
as to relieve the difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected natural resources
and without substantially impairing the intent and purpose of any ordinance or
resolution.
No evidence of a unique or extraordinary circumstance has been presented, in that the applicant
has created a self-imposed hardship by not constructing improvements along Donald Nelson
Avenue. Alternatively, street improvements could be constructed along Donald Nelson Avenue
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 (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

VAR-61938, SUP-60378 and SDR-60379 [PRJ-60315]


Staff Report Page Eleven
December 8, 2015 - Planning Commission Meeting

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.

The proposed development is compatible with adjacent development and


development in the area;
The proposed single-story, 3,344 square-foot Church/House of Worship building is
compatible with the surrounding low-density residential land uses. The design incorporates
the use of stucco building material, which is commonly used for single-family residences
within the area and throughout the valley. The applicant has taken great care to ensure that
landscaping standards were exceeded to protect the adjacent single family homes and
future development; however, the building placement and required Variance not to provide
improvements along Donald Nelson Avenue are not compatible with adjacent
development or future development in the area.

2.

The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other 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

VAR-61938, SUP-60378 and SDR-60379 [PRJ-60315]


Staff Report Page Twelve
December 8, 2015 - Planning Commission Meeting

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
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.

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.

Building elevations, design characteristics and other architectural and aesthetic


features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;
The proposed 3,344 square-foot Church/House of Worship building is single-story and
composed of earth toned stucco. The design strikes a harmonious balance with the singlefamily residences within the surrounding neighborhood and additional landscaping has
been provided throughout the site. The proposed building is located in the rear and center
of the site without a strong connection to the corner away from the adjacent single-family
residences. The location of the building is not aesthetically pleasing or harmonious with
the existing neighborhood.

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.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

24

140 - VAR-61938 and SUP-60378


140 - SDR-60379

GK/MR

VAR-61938, SUP-60378 and SDR-60379 [PRJ-60315]


Staff Report Page Thirteen
December 8, 2015 - Planning Commission Meeting

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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VAR-61938, SUP-60378 and SDR-60379 - REVISED

VAR-61938, SUP-60378 and SDR-60379 - REVISED

VAR-61938, SUP-60378 and SDR-60379 - REVISED

VAR-61938, SUP-60378 and SDR-60379 - REVISED

VAR-61938, SUP-60378 and SDR-60379 - REVISED

VAR-61938, SUP-60378 and SDR-60379 - REVISED

VAR-61938, SUP-60378 and SDR-60379 - REVISED

VAR-61938 [PRJ-60315] - VARIANCE RELATED TO SUP-60378 AND SDR-60379 - APPLICANT/OWNER:


LAS VEGAS BIBLE CHURCH
NORTHWEST CORNER OF DONALD NELSON AVENUE AND JONES BOULEVARD
07/30/15

VAR-61938 [PRJ-60315] - VARIANCE RELATED TO SUP-60378 AND SDR-60379 - APPLICANT/OWNER:


LAS VEGAS BIBLE CHURCH
NORTHWEST CORNER OF DONALD NELSON AVENUE AND JONES BOULEVARD
07/30/15

77
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Nora Lares
Subject:

FW: Donald Nelson Ave/Jones VAR-61938, SUP-60378 and SDR-60379

From: Landon Christopherson [mailto:lchristopherson@novusvi.com]


Sent: Tuesday, December 01, 2015 10:05 AM
To: Mark Rex
Subject: FW: Donald Nelson Ave/Jones

Mark,

Hereistheemailfromtheneighborgivinghersupport.

From: Carolyn Davison [mailto:cjd454@live.com]


Sent: Wednesday, November 25, 2015 1:22 PM
To: lchristopherson@novusvi.com
Subject: Donald Nelson Ave/Jones

Iwouldliketoaddmynameinsupportoftheworshipcenterbeingbuiltinmyneighborhood.Ithinkitwillbe
goodimprovementforourneighborhood.Imovedhereandhavewatchedtheareagrowforthepast25
years.Alittletrafficforaboutsixhoursaweekisnotabigdeal.EspeciallyonSundays.

James&CarolynDavison
7740CowboyTrail
LasVegas,NV89131

SentfromWindowsMail

Agenda Item No.: 24.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

10

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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]

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

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Ciry ofl.us Vegas


Depunmcnt ofPlanning

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Return Servit:e Requested


Officirl Notice of Public flearing

RECEI\IEN

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City of l-as Vcgos


Dept. o Flanning

If

you rvish 1o file your protest or suppof on this requcst, check thc
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Dcprirt mcnt of Planning at the addruss listcd obovc,;x lhis sd of this card to
>>(lOZ) 464-7499 ur make your cmments t www.lasvegasnevatla.gov. If you
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12514603005

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HEACKLEY KATHLEEN D
6I41 WHISPERING SANDS
LASVEGASNV 89131-2I02

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this Request

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Please use a\'flilble blank space on card for your comments.

sul,-60378 & SDR.60379 [PRJ-60315]

Planntrg Cornrtrission Meeting of 918/2015

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333 Noatr Rcho Drive, 3dFloor
Las Vegas, Nevada 89106

Rehrrn Service Requested


Official Noticc of Public Ilearing
RECEIVET)

sFP

2015

eity of Las VeEau


Dept of Flannin1

If you wish to file your protest or support

on this requestr check the


appropiate box below ad turn this card in an envelope with pm.tage to the
epartent ofPlanning at the address listed abovc, fa this side of thjs card to
(l0Zl 4*7499 or male your corlrflrnts at www.lasvegasnevada.gov. If you
would like to contact your Corncil Roresentadvg please Il QOZ) ?296405.

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7681COWBOYTHL
LAS VEGAS frV 89131-?130

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suP-60378 & SDR.037e [PRf-603151


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City of Las Vegas

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LVHPD SPECIAL IilVESTIGATIOHS

Please deny this request. My wife and I


purchased our residence primarly due
to the R-E zoning with the understandng that
the community would consist of similar 1 acre
residential lots. We feel strongly that allowing nonReturn Service Requested
residentialconstruction in this area will bring down the
Oflicial Notice of Public Hearing
cF-l\/t) proprty values and overall appeal of the area. We are alsc
very concerned about increased traffc as we have small
children that play in the area. We do not have
:jE-t.- ? i-f"]i5 anything against a church, but this s not what this
rea was zoned for and we do not want a noniiv of n,, ysqaf
oi pj",,nlngestdential buitding right next door to our home,

Department of Planning
Development Services Center
333Noflh Rancho Drive, 3d Floor
Las Vegas, Nevada 89106

fi

If

you wish to hle your protest or support on this request, check tbe
appropria box below and rctum this card in an envelope with postage (o the
Department of Plarrning at the addess listed above, fax this side of this card to
G0 4e-7499 or make your commenls at w\4'w.lasvegasnevada,gov. If you
would like to contact

yor

'125146044

Council Representative, please cal| (702) 229-

cass: suP0378

I,/ICDER'OTT ANDBEW

6405_

M& KELLY A

6110 DONALD NELSON


LAS VEGAS NV 89131

I SUPPORT
this Request

thts Rqest

Please use available blank space ori cad for your co[rments.

srrp.60378 & sDR-60379 [PRI-603 15]


Planning Comrnission Meetin g

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las Vegas, Nevad 89106

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CASSON CHAHLS J & LOFENA G


76SI COWBOY IRL

LASVEGAS NV S131-213O

I OPPOSE
this Request

for your comments,


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City of Las Vegas


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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
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BROWH MAffKJ & AISEY I


766S H JONS BLVD
LAS VEGAS NV 8S13]-2113

I OPPSE
this Request

Please us+ available blank space on card for your comrnents.

suP-603?8

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Planning Commission lvle*ting of 9/8/2015


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6130 DONALD NELSON AVE
LAS VEGAS NV 89131-2165

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sup-60378 & sDR-60379 [pRJ-60315]


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would like [o contact your Council Representative, please call (702) 2296405.
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Please use available blank space on card for your comments.

suP-60378 & SDR-6037e [pRJ-60315]


Planning Commission Meeting of 9/8/2015

i"'i3".if.:;1.j,'.'i::i! ,:: i.

251 4607006

Case: SUP-60378

CARR SANDRA RUTH


7681 N JONES BLVD
LAS VEGAS NV 89131.2120

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Agenda Item No.: 25.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

10

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

A 7 7 A

A 7 7 A b A 7

b 7 SDR-60379
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SDR 60379
Las Vegas Bible Church

NWC Donald Nelson Avenue and Jones Boulevard


Proposed 3.2 thousand square foot church.
Traffic produced by proposed development:
Proposed Use

DESCRIPTION

#UNIT

Average Daily Traffic (ADT)


PM Peak Hour

RATE/#
UNIT
9.11

CHURCH [1000 SF]

Sunday Peak Hour

3.2

0.55
11.76

TOTAL

29
2
38

Existing traffic on all nearby streets:


Jones Boulevard
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

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.

Agenda Item No.: 26.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: MARCUS SGRIZZI OWNER: DURANGO
SAHARA, LLC

** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-61299

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL, subject to conditions:

** CONDITIONS **

SUP-61299 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a


Beer/Wine/Cooler On-Sale use.

2.

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

3.

A Waiver from Title 19.12 is hereby approved, to allow a 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

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


The Planning Commission approved a request for a Plot Plan Review
07/09/87
[Z-0054-84(5)] for a proposed restaurant and lounge at the southwest corner
of Sahara Avenue and Durango Drive. Staff recommended approval.
The Planning Commission approved a request for a Plot Plan Review [Z0054-84(7)] for the expansion of an approved retail commercial center at the
08/25/87
southeast corner of Sahara Avenue and Lake Sahara Drive.
Staff
recommended approval.
The City Council approved a Special Use Permit (U-0260-90) for a
Beer/Wine/Cooler On-Sale use in conjunction with an existing restaurant at
02/20/90
8605 West Sahara Avenue. The Board of Zoning Adjustment and staff
recommended approval.
The City Council approved a Special Use Permit (U-0047-91) for a
Beer/Wine/Cooler On-Sale use in conjunction with an existing restaurant at
04/17/91
8607 West Sahara Avenue. The Board of Zoning Adjustment and staff
recommended approval.
The City Council approved a Special Use Permit (U-0030-02) for a restaurant
06/05/02
service bar located at 8615 West Sahara Avenue. Planning Commission and
staff recommended approval.
The City Council approved a Special Use Permit (SUP-23331) for an Auto
Title Loan use within an existing Financial Institution, Specified with waivers
to allow a distance separation of zero feet from a residentially zoned parcel
where 200 feet is the minimum required, 100 feet from an existing Financial
10/17/07
Institution, Specified where 1,000 feet is required and to allow a 565 squarefoot establishment where 1,500 square feet is the minimum floor area required
at 8635 West Sahara Avenue. Planning Commission and staff recommended
denial.
The City Council approved a Special Use Permit (SUP-36905) for an Auto
03/03/10
Smog Check use at 2535 South Durango Drive. Planning Commission
recommended approval. Staff recommended denial.
This item was held in abeyance by the Planning Commission and will be re11/03/15
heard on 12/08/15.
Most Recent Change of Ownership
11/23/11
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
c. 1986
The existing 30,548 square-foot shopping center was constructed.
A business license (L19-99593) was issued for a restaurant service bar use at
01/15/14
8615 West Sahara Avenue. The license was marked non-operational on
10/01/14.
A business license (R09-01784) was issued for a restaurant at 8615 West
01/21/14
Sahara Avenue. The business license was marked out of business on
06/04/15.
GK

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.

Details of Application Request


Site Area
Net Acres
5.56 portion of a 13.56-acre commercial subdivision

Surrounding
Property

Existing Land Use


Per Title 19.12

Subject Property

Shopping Center

North

Private Golf Course

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)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
No Applicable Special Purpose or Overlay Districts

Existing Zoning District


C-1 (Limited Commercial)
R-PD4 (Residential
Planned Development 4
Units Per Acre)
R-PD12 (Residential
Planned Development 12
Units Per Acre)
C-2 (General Commercial Clark County)
C-1 (Limited Commercial)

Compliance
N/A
Compliance
N/A

GK

SUP-61299 [PRJ-61176]
Staff Report Page Four
December 8, 2015 - Planning Commission Meeting

Other Plans or Special Requirements


Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
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.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

1023

APPROVALS

PROTESTS

20

GK

SUP-61299

CLV Planning - Application Form


Application Number:

PRJ-61176

Application/Petition For:

SUP for Beer/Wine/Cooler On-Sale

ProjectAddress (Location):

8615 WEST SAHARA AVENUE

Project Name

BEER/WINE/COOLER ON-SALE SUP

Assessors Parcel #(s):

16308510009

Ward #:

WARD 2 (BOB BEERS)

Is the Application Information


Correct:

Yes

If no, ...change what


General Plan Designation: Proposed: Select
Zoning District: Proposed:

Select

Gross Acres:
Lots/Units:
Additional Information:
Applicant First Name:

marcus

Applicant Last Name:

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

Rep First Name:

marcus

Rep Last Name:

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

CLV Planning - Application Form


I certify that I am the applicant and
that the information submitted with
this application is true and accurate
to the best of my knowledge and
belief. I understand that the City is
not responsible for inaccuracies in
information presented, and that
inaccuracies, false information or
incomplete application may cause
the application to be rejected. I
further certify that I am the owner
or purchaser (or option holder) of
the property involved in this
application, or the lessee or agent
fully authorized by the owner to
make this submission.
I Accept:

Yes

Is the Owner Information Correct:

Yes

If no, ...change what

Owner(s)

ADDR1

ADDR2

DURANGO SAHARA L L C

50 S JONES BLVD #100

LAS VEGAS, NV 89107-2672

CLVEPLAN Applicant

Company

Title

Email

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

777A

777

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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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Agenda Item No.: 27.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: - APPLICANT: EFREN CALDERON - OWNER: THOMAS AND
ARLENE CALDERON

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
ZON-61483

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends 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.

Most Recent Change of Ownership


06/26/09
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


The existing 992 square-foot and 424 square-foot single-family residences
c. 1950
were constructed at 804 Dike Lane.
A building permit (#141165) was issued for a building investigation for a
06/08/09
home built in 1950 without permits. The permit was finalized on 07/31/09.

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.

Details of Application Request


Site Area
Net Acres
0.47

Surrounding
Property

Existing Land Use


Per Title 19.12
Single-Family
Residence
Multi-Family
Residential

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

Master Plan Areas


West Las Vegas Plan
Special Purpose and Overlay Districts
A-O (Airport Overlay) District (140 Feet)

Existing Zoning District


R-1 (Single-Family
Residential)
R-1 (Single-Family
Residential)
R-PD16 (Residential
Planned Development
16 Units per Acre)
R-1 (Single-Family
Residential)
R-1 (Single-Family
Residential)

Compliance
Y
Compliance
Y

JB

ZON-61483 [PRJ-61393]
Staff Report Page Three
December 8, 2015 - Planning Commission Meeting

Other Plans or Special Requirements


Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
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 Unit per Lot

One

Permitted Density

Units Allowed

6-12 Dwelling Units per Acre

Three

Permitted Density

Units Allowed

8.49 Units per Acre

Three

Functional
Classification of
Street(s)
Local Street

Governing Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Master Plan of Street


and Highways

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.

The proposal conforms to the General Plan.


The proposed R-2 (Medium-Low Density Residential) zoning district conforms to the
existing ML (Medium Low Density Residential) General Plan designation which allows
six zoning districts: R-2 (Medium-Low Density Residential), R-CL (Single Family
Compact-Lot), R-1 (Single Family Residential), R-MH (Mobile/Manufactured Home),
U (Undeveloped) and R-E (Residence Estates). In addition, the two residential
structures on site conform to the allowable density of the 0.47 acre 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 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

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

250

APPROVALS

PROTESTS

21

JB

ZON-61483

ZON-61483

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ZON-61483 [PRJ-61393] - REZONING - APPLICANT: EFREN CALDERON - OWNER: THOMAS AND


ARLENE CALDERON
804 DIKE LANE
10/29/15

ZON-61483 [PRJ-61393] - REZONING - APPLICANT: EFREN CALDERON - OWNER: THOMAS AND


ARLENE CALDERON
804 DIKE LANE
10/29/15

ZON-61483

Agenda Item No.: 28.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: PRECEDENT PROPERTIES, LLC - OWNER:
RMH TRUST

** 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.

Details of Application Request


Site Area
Net Acres
1.89

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

Existing Land Use


Per Title 19.12
Undeveloped

Undeveloped
East

West

Single-Family,
Residential
Single-Family,
Residential

O-L (Open Land) -North


Las Vegas
MPC (Master Planned
Community) North Las
Vegas
ML (Medium Low
Density Residential)

Existing Zoning District


R-E (Residence Estates)
R-E (Residence Estates)
R-PD6 (Residential
Planned Development 6
Units per Acre)
Residential O-L (Open
Land) -North Las Vegas
R-1 (Single Family Low
Density) North Las Vegas
R-E (Residence Estates)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
No Applicable Special Purpose or Overlay Districts
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
Compliance
N/A
Compliance
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.

The proposal conforms to the General Plan.


The proposed Rezoning to R-1 (Single Family Residential) designation conforms to the
density range allowed by the proposed L (Low Density Residential) General Plan
designation

2.

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

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

274

APPROVALS

PROTESTS

22

MR

ZON-61791

ZON-61791

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ZON-61791 [PRJ-61304] - REZONING - APPLICANT: PRECEDENT PROPERTIES, LLC - OWNER: RMH


TRUST
NORTHWEST CORNER OF DORRELL LANE AND DECATUR BOULEVARD
10/29/15

ZON-61791

Agenda Item No.: 29.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 13, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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]

VAR-61046, SUP-61047 and SUP-61183 [PRJ-59862]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: KIM J LECLAIR

** 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.

Conformance to the Conditions of Approval of Special Use Permits (SUP-61047) and


(SUP-61183) 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.

MR

VAR-61046, SUP-61047 and SUP-61183 [PRJ-59862]


Conditions Page Two
December 8, 2015 - Planning Commission Meeting

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.

Conformance to the Conditions of Approval of Variance (VAR-61046) and Special Use


Permit (SUP-61183), if approved.

2.

Conformance to all Minimum Requirements under LVMC Title 19.12 for an Animal
Keeping & Husbandry use.

3.

The Animal Keeping & Husbandry use shall be limited to a maximum of 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

VAR-61046, SUP-61047 and SUP-61183 [PRJ-59862]


Conditions Page Three
December 8, 2015 - Planning Commission Meeting

SUP-61183 CONDITIONS
Planning
1.

Conformance to the Conditions of Approval of Variance (VAR-61046) and Special Use


Permit (SUP-61047), if approved.

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

VAR-61046, SUP-61047 and SUP-61183 [PRJ-59862]


Staff Report Page One
December 8, 2015 - Planning Commission Meeting

** 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

A Variance is required to allow Accessory Structure Class II [Horse Corrals] to be


located in the front yard where such is not permitted.
A Variance is required to allow detach Accessory Structure Class II [Shade Structure] to
be located to be located one foot from the primary dwelling where six feet is required.
A setback Variance is required to allow Accessory Structure Class II [a horse shade
structure, to be located eight feet from the rear property line where 10 feet is required.
A setback Variance is required to allow a one-foot side yard setback where 10 feet is
required for a well house and hay barn.
A setback Variance is required to allow Accessory Structures Class II [a chicken coop
and shade structure] to be located two feet from the side property line where 10 feet is
required.

MR

VAR-61046, SUP-61047 and SUP-61183 [PRJ-59862]


Staff Report Page Two
December 8, 2015 - Planning Commission Meeting

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.

Most Recent Change of Ownership


05/21/02
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


1974
The principal dwelling was constructed.

MR

VAR-61046, SUP-61047 and SUP-61183 [PRJ-59862]


Staff Report Page Three
December 8, 2015 - Planning Commission Meeting

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

A field check conducted on the subject property revealed a well maintained


property with a number of animals on it. The property did not omit an
offensive odder and all animals were within a corral or confined area.

Details of Application Request


Site Area
Net Acres
1.29

Surrounding
Property
Subject Property

North

Existing Land Use


Per Title 19.12
Single Family,
Detached
Single Family,
Detached
Undeveloped

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)

Existing Zoning District


R-E (Residence Estates)
R-E (Residence Estates)
R-E (Residence Estates)
R-E (Residence Estates)
R-E (Residence Estates)
R-E (Residence Estates)

MR

VAR-61046, SUP-61047 and SUP-61183 [PRJ-59862]


Staff Report Page Four
December 8, 2015 - Planning Commission Meeting

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
Rural Preservation Overlay District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
Compliance
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

VAR-61046, SUP-61047 and SUP-61183 [PRJ-59862]


Staff Report Page Five
December 8, 2015 - Planning Commission Meeting

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

VAR-61046, SUP-61047 and SUP-61183 [PRJ-59862]


Staff Report Page Six
December 8, 2015 - Planning Commission Meeting

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

VAR-61046, SUP-61047 and SUP-61183 [PRJ-59862]


Staff Report Page Seven
December 8, 2015 - Planning Commission Meeting

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

VAR-61046, SUP-61047 and SUP-61183 [PRJ-59862]


Staff Report Page Eight
December 8, 2015 - Planning Commission Meeting

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.

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
as to relieve the difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected natural resources
and without substantially impairing the intent and purpose of any ordinance or
resolution.
No evidence of a unique or extraordinary circumstance has been presented, in that the applicant
has created a self-imposed hardship by constructing accessory structures without permits and that
fail to meet code requirements. Alternatively, the applicant could remove or reconfigure the
existing structures in conformance with Title 19 requirements. In view of the absence of any
hardships imposed by the sites physical characteristics, it is concluded that the applicants
hardship is preferential in nature, and it is thereby outside the realm of NRS Chapter 278 for
granting of Variances.

FINDINGS (SUP-61047) Animal Keeping and Husbandry


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:

MR

VAR-61046, SUP-61047 and SUP-61183 [PRJ-59862]


Staff Report Page Nine
December 8, 2015 - Planning Commission Meeting

1.

The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
The 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.

FINDINGS (SUP-61183) Horse Corral for providing instructional or recreational actives


for person other than the occupant of the premises
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:
MR

VAR-61046, SUP-61047 and SUP-61183 [PRJ-59862]


Staff Report Page Ten
December 8, 2015 - Planning Commission Meeting

1.

The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
The proposed 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.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

30

126 - VAR-61046
126 - SUP-61047 and SUP-61183

MR

VAR-61046, SUP-61047 and SUP-61183 [PRJ-59862]


Staff Report Page Eleven
December 8, 2015 - Planning Commission Meeting

APPROVALS

0 - VAR-61046
0 - SUP-61047 and SUP-61183

PROTESTS

0 - VAR-61046
0 - SUP-61047 and SUP-61183

MR

VAR-61046

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VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046, SUP-61047 and SUP-61183

VAR-61046 [PRJ-59862] - VARIANCE RELATED TO SUP-61047 AND SUP-61183 - APPLICANT/OWNER:


KIM J LECLAIR
5525 WEST ROME BOULEVARD
10/29/15

VAR-61046 [PRJ-59862] - VARIANCE RELATED TO SUP-61047 AND SUP-61183 - APPLICANT/OWNER:


KIM J LECLAIR
5525 WEST ROME BOULEVARD
10/29/15

VAR-61046 [PRJ-59862] - VARIANCE RELATED TO SUP-61047 AND SUP-61183 - APPLICANT/OWNER:


KIM J LECLAIR
5525 WEST ROME BOULEVARD
10/29/15

VAR-61046 [PRJ-59862] - VARIANCE RELATED TO SUP-61047 AND SUP-61183 - APPLICANT/OWNER:


KIM J LECLAIR
5525 WEST ROME BOULEVARD
10/29/15

VAR-61046 [PRJ-59862] - VARIANCE RELATED TO SUP-61047 AND SUP-61183 - APPLICANT/OWNER:


KIM J LECLAIR
5525 WEST ROME BOULEVARD
10/29/15

VAR-61046 [PRJ-59862] - VARIANCE RELATED TO SUP-61047 AND SUP-61183 - APPLICANT/OWNER:


KIM J LECLAIR
5525 WEST ROME BOULEVARD
10/29/15

VAR-61046, SUP-61047 and SUP-61183

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VAR-61046, SUP-61047 and SUP-61183

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VAR-61046, SUP-61047 and SUP-61183

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VAR-61046, SUP-61047 and SUP-61183

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Agenda Item No.: 30.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: OCTOBER 13, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

SUP-61047

Agenda Item No.: 31.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

SUP-61183

Agenda Item No.: 32.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

VAR-61644 and SUP-61648 [PRJ-61587]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: VERIZON WIRELESS - OWNER: ALTA
DECATUR SHOPPING CENTER, LLC

** 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

VAR-61644 and SUP-61648 [PRJ-61587]


Conditions Page Two
December 8, 2015 - Planning Commission Meeting

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

VAR-61644 and SUP-61648 [PRJ-61587]


Staff Report Page One
December 8, 2015 - Planning Commission Meeting

** 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

VAR-61644 and SUP-61648 [PRJ-61587]


Staff Report Page Two
December 8, 2015 - Planning Commission Meeting

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


The City Council approved a request for a Site Development Plan Review [Z0080-65(3)] for a proposed 48,116 square-foot Commercial Center and a
Waiver of the landscaping requirements to allow a reduction in the amount of
perimeter and parking lot landscaping on 4.74 acres located at the northeast
corner of South Decatur Boulevard and Alta Drive. The Planning
05/16/01
Commission recommended approval. Staff recommended denial.
The City Council approved a request for a Variance (V-0020-01) to allow 190
parking spaces where 320 spaces are the minimum required on the northeast
corner of Decatur Boulevard and Alta Drive. The Planning Commission
recommended approval. Staff recommended denial.
The City Council approved a request for a Required Review (RQR-5372) of a
previously approved Variance (V-0020-01) that allowed 190 parking spaces
12/15/04
where 320 spaces was the minimum required adjacent to the northeast corner
of Decatur Boulevard and Alta Drive.
The Planning Commission
recommended approval. Staff recommended denial.
The City Council approved the Appeal (DIR-20734) of the Department of
Plannings Interpretation of Title 19.16 regarding the discontinuance of a
05/02/07
nonconforming Liquor Establishment (Tavern) use located at 465 South
Decatur Boulevard.
The City Council adopted Bill 2010-40, Ordinance 6114 to authorize under
10/06/10
certain circumstances an Extension of Time regarding nonconforming uses.
The Planning Commission recommended approval.
The City Council approved a request for an Extension of Time (EOT-40307)
01/05/11
for a nonconforming Liquor Establishment (Tavern) at 465 South Decatur
Boulevard. Staff recommended approval.
The City Council approved a request for an Extension of Time (EOT-44089)
01/18/12
for a nonconforming Liquor Establishment (Tavern) at 465 South Decatur
Boulevard. Staff recommended approval.
The City Council approved General Plan Amendment (GPA-43991) to
establish the Redevelopment Area #2 and change future land use designation
04/18/12
on various parcels within the Redevelopment Area #2 to MXU (Mixed Use)
which includes the subject site.
The City Council approved a request for an Extension of Time (EOT-47454)
12/19/12
for a nonconforming Liquor Establishment (Tavern) at 465 South Decatur
Boulevard. Staff recommended approval.
The City Council approved a request for an Extension of Time (EOT-52076)
03/05/14
for a nonconforming Liquor Establishment (Tavern) at 465 South Decatur
Boulevard. Staff recommended denial.
The City Council approved a request for an Extension of Time (EOT-57111)
01/21/15
for a nonconforming Liquor Establishment (Tavern) at 465 South Decatur
Boulevard. Staff recommended approval.

JB

VAR-61644 and SUP-61648 [PRJ-61587]


Staff Report Page Three
December 8, 2015 - Planning Commission Meeting

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


The Department of Planning denied a request for a Minor Site Development
Plan Review (SDR-60753) to install a new 80-foot tall Wireless
08/25/15
Communication Facility, Stealth Design (Concealment Screen) located at 407
South Decatur Boulevard.

Most Recent Change of Ownership


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

Related Building Permits/Business Licenses


c. 1966
The building at 465 South Decatur Boulevard was constructed.

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.

Details of Application Request


Site Area
Net Acres
1.42 portion of a 4.81 acre commercial subdivision

Surrounding
Property
Subject Property

Existing Land Use


Per Title 19.12

Planned or Special
Land Use Designation

Existing Zoning District

Shopping Center

MXU (Mixed Use)

C-2 (General
Commercial)

JB

VAR-61644 and SUP-61648 [PRJ-61587]


Staff Report Page Four
December 8, 2015 - Planning Commission Meeting

Surrounding
Property
North

South
East
West

Existing Land Use


Per Title 19.12
Auto Repair Garage,
Minor

Planned or Special
Land Use Designation

General Retail

MXU (Mixed Use)

Single Family,
Detached
Single Family,
Detached

L (Low Density
Residential)
L (Low Density
Residential)

Undeveloped

MXU (Mixed Use)

MXU (Mixed Use)

Existing Zoning District


C-2 (General
Commercial)
C-2 (General
Commercial)
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
C-2 (General
Commercial)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
A-O (Airport Overlay) District (175 Feet)
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area 2
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

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

VAR-61644 and SUP-61648 [PRJ-61587]


Staff Report Page Five
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
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

VAR-61644 and SUP-61648 [PRJ-61587]


Staff Report Page Six
December 8, 2015 - Planning Commission Meeting

Conditional Use Permit Requirements:


1. The applicant must submit to the Department, for administrative review and approval, a
site plan and an elevation drawing. The Director shall review the documents to
determine the applicable treatment of the proposed facility under these Conditional Use
Regulations. If the Director, in his discretion:
a. Determines that the proposed facility is a collocation of new transmission
equipment, a removal of transmission equipment or a replacement of
transmission equipment that:
i. Does not increase the tower height by more than 10% or height of
additional antenna array plus 20 feet, whichever is greater,
ii. Does not add more than 4 new equipment cabinets or 1 new shelter, and
iii. Does not contain a protrusion of more than 20 feet or the width or the
tower, whichever is greater,
the Director shall approve the application as if permitted by right.
b. Determines that Paragraph (a) above does not apply and approves the proposed
facility to proceed as a conditional use, the Director shall provide written notice
of preliminary approval to the applicant, with a copy to the office of the City
Council. That preliminary approval becomes final within 10 days after the notice
has been mailed or delivered to the applicant, unless within that period a member
of the City Council files with the Director a written request for the Council to
review the approval. If such a request to review is filed, the application must first
be reviewed and approved by the Council.
c. Determines that Paragraph (a) above does not apply and that the proposed facility
does not conform to the conditions listed below, a Special Use Permit will be
required for the use. Any determination by the Director that a Special Use Permit
will be required is not subject to appeal.
The Department of Planning denied a request for a Minor Site Development Plan
Review (SDR-60753) to install a new 80-foot tall Wireless Communication Facility,
Stealth Design (Concealment Screen) located at 407 South Decatur Boulevard; because
a Variance application was required for residential adjacency from the single-family
residential land uses located to the east of the subject site.
2. No residential use may exist on the property.
There are no residential uses located on the subject property.
3. The design must conform to the definition of the term Wireless Communication
Facility, Stealth Design, as set forth in LVMC 19.18.020 and as determined by the
Director.
JB

VAR-61644 and SUP-61648 [PRJ-61587]


Staff Report Page Seven
December 8, 2015 - Planning Commission Meeting

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

VAR-61644 and SUP-61648 [PRJ-61587]


Staff Report Page Eight
December 8, 2015 - Planning Commission Meeting

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.

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
as to relieve the difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected natural resources
and without substantially impairing the intent and purpose of any ordinance or
resolution.
No evidence of a unique or extraordinary circumstance has been presented, in that the applicant
has created a self-imposed hardship by proposing to construct a 80-foot tall Wireless
Communication Facility, Stealth Design (Concealment Screen) to be located within the interior
of the existing shopping center; which requires a Variance to allow a residential adjacency
setback of 172 feet where a minimum of 240 feet is required. The proposed Wireless
Communication Facility could be placed within an alternative location or re-designed to allow
for conformance to 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 (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

VAR-61644 and SUP-61648 [PRJ-61587]


Staff Report Page Nine
December 8, 2015 - Planning Commission Meeting

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.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

282

APPROVALS

PROTESTS

25

JB

VAR-61644

VAR-61644

VAR-61644 and SUP-61648

VAR-61644 and SUP-61648

VAR-61644 and SUP-61648

VAR-61644 and SUP-61648

VAR-61644 and SUP-61648

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

Agenda Item No.: 33.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Special Map
3. Supporting Documentation
4. Justification Letter

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

SUP-61648

SUP-61648

SUP-61648

Agenda Item No.: 34.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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]

VAR-61777 and VAC-61552 [PRJ-60669]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: LV LAND COMPANY, LLC - OWNER: LV LAND
COMPANY, LLC, ET AL

** STAFF RECOMMENDATION(S) **
CASE
NUMBER

RECOMMENDATION

VAR-61777

Staff recommends DENIAL, if approved subject to


conditions:

VAC-61552

Staff recommends DENIAL, if approved subject to


conditions:

REQUIRED FOR
APPROVAL

VAR-61777

** CONDITIONS **

VAR-61777 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Vacation (VAC-61552) 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

VAR-61777 and VAC-61552 [PRJ-60669]


Conditions Page Two
December 8, 2015 - Planning Commission Meeting

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.

This Petition of Vacation shall be modified to retain a public drainage easement to be


privately maintained over the entire width of the alley. Alternatively, a Drainage Plan and
Technical Drainage Study must be submitted to and approved by the Department of Public
Works prior to the recordation of the Order of Vacation for this application. Appropriate
drainage easements shall be reserved if recommended by the approved Drainage
Plan/Study.

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

VAR-61777 and VAC-61552 [PRJ-60669]


Conditions Page Three
December 8, 2015 - Planning Commission Meeting

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

VAR-61777 and VAC-61552 [PRJ-60669]


Staff Report Page One
December 8, 2015 - Planning Commission Meeting

** 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

VAR-61777 and VAC-61552 [PRJ-60669]


Staff Report Page Two
December 8, 2015 - Planning Commission Meeting

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


The City Council will consider a Site Development Plan Review (SDR59556) for a proposed two-story, 26,600 square-foot Government Facility
(Courthouse) with Waivers of Downtown Centennial Plan build-to line,
08/19/15
parking lot screening and landscaping, and architectural design standards on
0.56 acres at the southeast corner of Clark Avenue and 4th Street. The
Planning Commission and staff recommended approval.

Most Recent Change of Ownership


10/22/15
A deed was recorded for a change in ownership for APN 139-34-303-002.
A deed was recorded for a change in ownership for APN 139-34-311-051.
10/20/15
A deed was recorded for a change in ownership for APN 139-34-311-153.

Related Building Permits/Business Licenses


A Plan Check (#60722) was approved for a Civic building at 408 East Clark
10/15/15
Avenue. The Plan Check is active as of 11/23/15.
A building permit (#297846) for a Civic building was issued; however, the
permit has not been finalized as of 11/23/15.
10/21/15
A building permit (#297847) for on-site improvements was issued; however,
the permit has not been finalized as of 11/23/15.

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

VAR-61777 and VAC-61552 [PRJ-60669]


Staff Report Page Three
December 8, 2015 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres
0.88

Surrounding
Property
Subject Property
North
South

Existing Land Use


Per Title 19.12
Undeveloped
Government Facility
Office, Other than
Listed

Planned or Special
Land Use Designation
MXU (Mixed Use)
C (Commercial)
PF (Public Facilities)
C (Commercial)

East

Government Facility

C (Commercial)

West

Office, Other than


Listed

C (Commercial)

Existing Zoning District


C-2 (General
Commercial)
C-V (Civic)
C-2 (General
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)

Master Plan Areas


Downtown Centennial Plan
Special Purpose and Overlay Districts
Downtown Centennial Plan Overlay District
Live/Work Overlay District
Las Vegas Boulevard Scenic Byway Overlay District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

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

VAR-61777 and VAC-61552 [PRJ-60669]


Staff Report Page Four
December 8, 2015 - Planning Commission Meeting

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

VAR-61777 and VAC-61552 [PRJ-60669]


Staff Report Page Five
December 8, 2015 - Planning Commission Meeting

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.

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
as to relieve the difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected natural resources
and without substantially impairing the intent and purpose of any ordinance or
resolution.
No evidence of a unique or extraordinary circumstance has been presented, in that the applicant
has created a self-imposed hardship by not vacating the entire alleyway, ending the partially
vacated alley without providing a cul-de-sac or providing a public outlet to a public street.
Alternatively, the applicant could vacate the entire alley, provide a turnaround that meets code or
provide a 20-foot wide outlet to a public street. 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.

MR

VAR-61777 and VAC-61552 [PRJ-60669]


Staff Report Page Six
December 8, 2015 - Planning Commission Meeting

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

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

A
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VAR-61777 and VAC-61552

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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

VAR-61777 and VAC-61552 - REVISED

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

Agenda Item No.: 35.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

VAC-61552

VAC-61552

VAC-61552

VAC-61552

VAC-61552

VAC-61552

VAC-61552

VAC-61552

Agenda Item No.: 36.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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]

VAR-61859, WVR-61857 and WVR-61858 [PRJ-61793]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: DR HORTON INC.

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-61859
WVR-61857

WVR-61858

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends DENIAL, if approved subject to


conditions:
Staff recommends DENIAL, if approved subject to
conditions:

VAR-61859

Staff recommends DENIAL, if approved subject to


conditions:

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

VAR-61859, WVR-61857 and WVR-61858 [PRJ-61793]


Conditions Page Two
December 8, 2015 - Planning Commission Meeting

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.

Submit an Encroachment Agreement for landscaping, private improvements, and


unimproved areas in the Regena Avenue, Eula Street, Azure Drive, and Bright Angel Way
public rights-of-way prior to this issuance of permits for these improvements. The applicant
must carry an insurance policy for the term of the Encroachment Agreement and add the
City of Las Vegas as an additionally insured entity on this insurance policy. If requested by
the City, the applicant shall remove property encroaching in the public right-of-way at the
applicant's expense pursuant to the terms of the City's Encroachment Agreement. The
installation and maintenance of all private improvements in the public right-of-way shall be
the responsibility of the applicant and any successors in interest to the property and assigns
pursuant to the terms of the Encroachment Agreement. Coordinate all requirements for the
Encroachment Agreement with the Land Development Section of the Department of
Building and Safety (229-4836).

WVR-61857 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Variance (VAR-61859)


and Waiver (WVR-61858) shall be required, if approved.

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

VAR-61859, WVR-61857 and WVR-61858 [PRJ-61793]


Conditions Page Three
December 8, 2015 - Planning Commission Meeting

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.

Approval of and conformance to the Conditions of Approval for Variance (VAR-61859)


and Waiver (WVR-61857) shall be required, if approved.

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

VAR-61859, WVR-61857 and WVR-61858 [PRJ-61793]


Staff Report Page One
December 8, 2015 - Planning Commission Meeting

** 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

VAR-61859, WVR-61857 and WVR-61858 [PRJ-61793]


Staff Report Page Two
December 8, 2015 - Planning Commission Meeting

Most Recent Change of Ownership


A deed was recorded for a change in ownership for APN 125-30-101-008.
10/07/15
A deed was recorded for a change in ownership for APN 125-30-201-002.
Related Building Permits/Business Licenses
A drainage study (DS4741) was submitted; however, as of 11/19/15 the study
11/09/15
has not been approved.
Pre-Application Meeting
A pre-application meeting was held with the applicants designated
representative and the points below were discussed.
1. The annexation of the southern parcel is not effective until 10/30/15.
2. The need for a Waiver to not provide streetlights.
3. The need for a Variance not to provide Complete Streets Standards
10/21/15
along 60-foot rights-of-way.
4. That the land use entitlements were approved in Clark County, but
the City does not have to accept them.
5. The applicants desire to move forward with the drainage study for
the subject site was discussed.

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.

Details of Application Request


Site Area
Gross Acres
10.00
Surrounding
Property
Subject Property

Existing Land Use


Per Title 19.12
Undeveloped

Planned or Special
Land Use Designation
RNP (Rural
Neighborhood
Preservation)

Existing Zoning District


R-E (Residence Estates)

MR

VAR-61859, WVR-61857 and WVR-61858 [PRJ-61793]


Staff Report Page Three
December 8, 2015 - Planning Commission Meeting

Surrounding
Property
North

South

Existing Land Use


Per Title 19.12
Undeveloped
Single-Family
Detached
Undeveloped

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

Existing Zoning District


R-1 (Single-Family
Residential)
R-E (Rural Estates
Residential) - Clark
County
R-E (Rural Estates
Residential) - Clark
County
R-E (Rural Estates
Residential) - Clark
County

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
Rural Preservation Overlay District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
Compliance
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

VAR-61859, WVR-61857 and WVR-61858 [PRJ-61793]


Staff Report Page Four
December 8, 2015 - Planning Commission Meeting

Street Name

Functional
Classification of
Street(s)

Bright Angle Way

Minor Collector

Pebble Glen Court

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

Provide no sidewalk, amenity


zone or curb and gutters along a
32-foot wide street.

Denial

Provide no sidewalks, amenity


zone or curb and gutters on
either side of a private
residential street.

Denial

Provide no street lights for the


entire development.

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

VAR-61859, WVR-61857 and WVR-61858 [PRJ-61793]


Staff Report Page Five
December 8, 2015 - Planning Commission Meeting

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.

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so

MR

VAR-61859, WVR-61857 and WVR-61858 [PRJ-61793]


Staff Report Page Six
December 8, 2015 - Planning Commission Meeting

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.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

17

NOTICES MAILED

109 - VAR-61859 and WVR-61857


109 - WVR-61858

APPROVALS

0 - VAR-61859 and WVR-61857


0 - WVR-61858

PROTESTS

0 - VAR-61859 and WVR-61857


0 - WVR-61858

MR

VAR-61859

VAR-61859

MODEL 3615

MODEL 3035

MODEL 3450

MODEL 3615

SMALL ESTATE MODELS

MODEL 3035

MODEL 3450

SMALL ESTATE MODELS

MODEL 4075
MODEL 4560

MODEL 5100

MODEL 5100

SITE PLAN

AZURE & EULA

WVR-61857, WVR-61858 and VAR-61859

MODEL 3845

MODEL 4560

LARGE ESTATE MODELS

MODEL 4075

PRIVATE STREET

MODEL 3845

LARGE ESTATE MODELS

PUBLIC STREET

Office: (702) 254-1480


Fax: (702) 254-3062
www.tritoneng.com
6757 W. Charleston Blvd.
Suite B
Las Vegas, Nevada 89146

Trit n

VAR-61859 [PRJ-61793] - VARIANCE RELATED TO WVR-61857 AND WVR-61858 - APPLICANT/OWNER:


DR HORTON INC.
WEST SIDE OF EULA STREET NORTH AND SOUTH OF AZURE DRIVE
10/29/15

VAR-61859 [PRJ-61793] - VARIANCE RELATED TO WVR-61857 AND WVR-61858 - APPLICANT/OWNER:


DR HORTON INC.
WEST SIDE OF EULA STREET NORTH AND SOUTH OF AZURE DRIVE
10/29/15

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7 7A 77 7 7 7777 7 7777b
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WVR-61857, WVR-61858 and VAR-61859

7b 7 7 7 777 7 7
7777L777

Agenda Item No.: 37.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

WVR-61857

WVR-61857

Agenda Item No.: 38.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

WVR-61858

WVR-61858

Agenda Item No.: 39.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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]

VAR-61860 and SDR-61862 [PRJ-61836]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: AZURE DEVELOPMENT, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

VAR-61860

Staff recommends DENIAL, if approved subject to


conditions:

SDR-61862

Staff recommends DENIAL, if approved subject to


conditions:

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

VAR-61860 and SDR-61862 [PRJ-61836]


Conditions Page Two
December 8, 2015 - Planning Commission Meeting

6.

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

SDR-61862 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Variance (VAR-61860)


shall be required, if approved.

2.

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

3.

All development shall be in conformance with the site plan and landscape plan, date
stamped 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

VAR-61860 and SDR-61862 [PRJ-61836]


Conditions Page Three
December 8, 2015 - Planning Commission Meeting

9.

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


Architect, Residential Designer or Civil Engineer, must be submitted prior to or at the same
time application is made for a building permit. A permanent underground sprinkler system
is required, and shall be permanently maintained in a satisfactory manner; the landscape
plan shall include irrigation specifications. Installed landscaping shall not impede visibility
of any traffic control device.
The technical landscape plan shall include the following changes from the conceptual
landscape plan:
a. Per Town Center Loop Road Standards, provide Mexican Fan palm trees in
alternating clusters of two and three trees of varying heights between 12 to 25-foot
brown trunk height in the 15-foot landscape buffer along the north property line.
The palms must be offset from the existing trees in the Azure Drive amenity zone.
Provide five-gallon shrubs as groundcover to Town Center Development Standards
Manual specifications for the Loop Road classification.
b. Per the Town Center Development Standards, provide two additional parking lot
trees at the ends of parking rows.
c. Per the Town Center Development Standards, provide five shrubs of five-gallon size
and five shrubs of one-gallon size per parking lot tree.

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

VAR-61860 and SDR-61862 [PRJ-61836]


Conditions Page Four
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 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

VAR-61860 and SDR-61862 [PRJ-61836]


Staff Report Page One
December 8, 2015 - Planning Commission Meeting

** 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

VAR-61860 and SDR-61862 [PRJ-61836]


Staff Report Page Two
December 8, 2015 - Planning Commission Meeting

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

VAR-61860 and SDR-61862 [PRJ-61836]


Staff Report Page Three
December 8, 2015 - Planning Commission Meeting

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


The City Council approved a request for a Special Use Permit (SUP-3650) for
an auto parts (new and rebuilt) (accessory sales and service) use 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
appealed to City Council.
The City Council approved a request for a Major Modification (MOD-3652)
to the Town Center Development Standards to allow auto parts (new and
rebuilt) (accessory sales and service) as a permitted use in the SX-TC
(Suburban Mixed Use - Town Center) district with the approval of a Special
Use Permit and Conditions of approval. The Planning Commission
recommended approval of the request
The City Council approved a request for a Review of Condition (ROC-6074)
for a Review of Condition Number 22 of an approved Site Development Plan
04/06/05
Review [Z-0076-98(20)], which prohibited certain uses, to eliminate the
condition entirely for an approved commercial development on property
located adjacent to the southwest corner of Tenaya Way and Azure Drive.
The City Council approved a request for a Site Development Plan Review
(SDR-5893) for a 3,500 square-foot convenience store with fuel pumps and
waivers of the 70% glazing restriction and a separation distance of zero feet
where a 330-foot separation distance from residential uses is required on 1.43
acres at the southwest corner of Tenaya Way and Azure Drive. The Planning
01/18/06
Commission and staff recommended approval.
The City Council approved a request for a Special Use Permit (SUP-5894) for
a proposed convenience store with fuel pumps at the southwest corner of
Tenaya Drive and Azure Way. The Planning Commission recommended
approval.
The Planning Commission approved a request for a Site Development Plan
Review (SDR-18372) for two 8,500 square-foot retail buildings, a waiver of
01/11/07
the build-to-line requirement and a waiver to reduce parking lot landscaping
on 2.33 acres on the south side of Azure Drive, approximately 330 feet west
of Tenaya Way. Staff recommended approval.
The City Council approved a request for a Modification (MOD-55204) to
change the land use from Suburban Mixed Use Town Center (SX-TC) to
General Commercial Town Center (GC-TC) on 2.33 acres on the south side
of Azure Drive, approximately 330 feet west of Tenaya Way. The Planning
Commission recommended approval; staff recommended denial.
10/15/14
The City Council approved a request for Variance (VAR-55205) to allow 74
parking spaces where 82 parking spaces are required on 2.33 acres on the
south side of Azure Drive, approximately 330 feet west of Tenaya Way. The
Planning Commission recommended approval; staff recommended denial.

SS

VAR-61860 and SDR-61862 [PRJ-61836]


Staff Report Page Four
December 8, 2015 - Planning Commission Meeting

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


The City Council approved a request for a Special Use Permit (SUP-55202)
for a 6,500 square-foot Liquor establishment (Tavern) with a Waiver to allow
a zero-foot distant separation from an existing school where 400 feet is
required on 2.33 acres on the south side of Azure Drive, approximately 330
feet west of Tenaya Way. The Planning Commission recommended approval;
staff recommended denial.
The City Council approved a request for a Special Use Permit (SUP-55204)
for a 6,500 square-foot Gaming Establishment, Restricted Use with a Waiver
to allow a zero-foot distance separation from a Single-Family Detached
Dwelling where 330 feet is required on 2.33 acres on the south side of Azure
Drive, approximately 330 feet west of Tenaya Way. The Planning
Commission recommended approval; staff recommended denial.
The City Council approved a request for a Site Development Plan Review
(SDR-55201) for a 6,500 square-foot Liquor Establishment (Tavern) on 2.33
acres on the south side of Azure Drive, approximately 330 feet west of
Tenaya Way. The Planning Commission recommended approval; staff
recommended denial.
A Record of Survey was recorded subdividing Lot 2 of the Montecito East
05/12/15
Commercial Subdivision into two fee interest parcels (Book 195 Page 42 of
Surveys).

Most Recent Change of Ownership


06/02/15
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


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

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

VAR-61860 and SDR-61862 [PRJ-61836]


Staff Report Page Five
December 8, 2015 - Planning Commission Meeting

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.

Details of Application Request


Site Area
Net Acres
1.43

Surrounding
Property
Subject Property

North

South

Existing Land Use


Per Title 19.12
Undeveloped

Shopping Center

Single Family,
Detached

Planned or Special
Land Use Designation
GC-TC (General
Commercial Town
Center)
GC-TC (General
Commercial Town
Center)

Existing Zoning District


T-C (Town Center)

T-C (Town Center)

ML (Medium Low
Density Residential)

R-PD7 (Residential
Planned Development 7
Units per Acre)

Clark County
Designation

Clark County Designation

SS

VAR-61860 and SDR-61862 [PRJ-61836]


Staff Report Page Six
December 8, 2015 - Planning Commission Meeting

Surrounding
Property

Existing Land Use


Per Title 19.12

East

Undeveloped

West

Undeveloped

Planned or Special
Land Use Designation
GC-TC (General
Commercial Town
Center)
GC-TC (General
Commercial Town
Center)

Existing Zoning District


T-C (Town Center)

T-C (Town Center)

Master Plan Areas


Town Center Master Plan
Special Purpose and Overlay Districts
T-C (Town Center) District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

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

VAR-61860 and SDR-61862 [PRJ-61836]


Staff Report Page Seven
December 8, 2015 - Planning Commission Meeting

Pursuant to Title 19.08.040, the following standards apply:


Residential Adjacency Standards
Required/Allowed
3:1 proximity slope
105 Feet
Adjacent development matching setback
10 Feet
Trash Enclosure
50 Feet

Provided
44 Feet
44 Feet
80 Feet

Pursuant to Title 19.08 and the Town Center Development Standards


standards apply:
Landscaping and Open Space Standards
Required
Standards
Ratio
Trees
Buffer Trees:
North
1 Tree / 20 Linear Feet
17 Palm trees
South
1 Tree / 20 Linear Feet
16 Trees
East
N/A
0 Trees
West
N/A
0 Trees
TOTAL PERIMETER TREES
27 Trees
1 Tree / 6 Uncovered
Parking Area Trees
Spaces, plus 1 tree at the
9 Trees
end of each row of spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
15 Feet
South
8 Feet
East
0 Feet
0 Feet
West
Wall Height

6 to 8 Feet Adjacent to Residential

Compliance
N
Y
Y

Manual, the following

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

Open Space Town Center


Total Site Acreage
1.43 acres

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

VAR-61860 and SDR-61862 [PRJ-61836]


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
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

VAR-61860 and SDR-61862 [PRJ-61836]


Staff Report Page Nine
December 8, 2015 - Planning Commission Meeting

Commercial Recreation/Amusement (Indoor) is a permitted use in the SX-TC (Suburban Mixed


Use Town Center) Special Land Use Designation. Title 19.18 defines this use as an enclosed
facility or area for sport, entertainment, games of skill, or recreation that is open to use by the
general public for a fee. This use includes without limitation bowling alleys, indoor miniature
golf courses, roller and ice skating rinks, game courts, swimming pools, walk-in movie theaters,
physical fitness centers, gyms, billiard parlors/pool halls, and video arcades. The building
includes two indoor sport courts, weight training, exercise and yoga rooms, a multipurpose
meeting room and a caf/snack area. The second floor allows for walkways around the upper
perimeter of the sport courts and an office.
In terms of exterior design, the Town Center Development Standards Manual emphasizes
uniformity of the streetwall created through the siting of buildings along the frontage setbacks.
Use of color can dramatically affect the scale and proportion of not just this building but all
existing and proposed buildings along the Azure Drive corridor. Large areas of windowless,
unarticulated or mono-colored building face should be avoided. Light, pastel, earth tone and
other colors common to the Las Vegas Valley and surroundings should be used as the main or
background color, with brighter colors as accents. In contrast to these suggestions, the proposed
building appearance calls attention to itself and separates itself from the other existing buildings
along Azure Drive, disrupting uniformity of design. A Waiver is required because the building
design is to incorporate patterns and materials that are visually interesting through a
combination of expression lines and areas and features of the faade that include changes in
material, color and/or relief. The applicant has attempted to address this issue through the
addition of color bands at the center and upper portion of the building mass; however, the faade
remains flat and blocky on all four sides, with a metal roof that does not include a cornice
element. As staff supports development through the Town Center design concepts, denial of this
Waiver is recommended.
The applicant is proposing to provide seven Mexican Fan palm trees in the 15-foot landscaped
setback. However, the trees need to alternate with the existing street trees in clusters of two and
three, and the planter area must contain five-gallon shrubs as specified in the Town Center
Development Standards Manual. Trees are already provided in the multi-use transportation trail
area adjacent to the property line wall. Parking lot landscaping consists of 36-inch box Rio
Grande Ash trees in single quantities or in pairs. Per the Town Center Development Standards
Manual, five shrubs each of five gallon and one gallon size are required per tree in the planter
islands and at the ends of parking rows. These deficiencies will be addressed in an if approved
condition.
Traffic can access the property through any of the several existing driveways on the mapped lot
south of Azure Drive. Vehicles may circulate around the east side of the building and access
other developments on the lot from a driveway located behind the building. If this project is
approved and built before the projects to the west and east are constructed, the applicant will be
required to provide a paved driveway to the curb cuts.

SS

VAR-61860 and SDR-61862 [PRJ-61836]


Staff Report Page Ten
December 8, 2015 - Planning Commission Meeting

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.

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
as to relieve the difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected natural resources
and without substantially impairing the intent and purpose of any ordinance or
resolution.
No evidence of a unique or extraordinary circumstance has been presented, in that the applicant
has created a self-imposed hardship by locating the building within the residential adjacency
setback. Redesigning the building to reduce the impact to adjacent residential development
(through stepbacks or curves) would allow conformance to the Title 19 requirements. In view of
the absence of any hardships imposed by the sites physical characteristics, it is concluded that
the applicants hardship is preferential in nature, and it is thereby outside the realm of NRS
Chapter 278 for granting of Variances.

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

VAR-61860 and SDR-61862 [PRJ-61836]


Staff Report Page Eleven
December 8, 2015 - Planning Commission Meeting

1.

The proposed development is compatible with adjacent development and


development in the area;
Through a lack of visually interesting faade elements, the proposed building would
disrupt the uniformity of design of buildings along the south side of Azure Drive, and
would therefore not be compatible with development in the area.

2.

The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other 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.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
Access to the site is provided from a number of existing driveways from Azure Drive into
the commercial subdivision of which this site is a part. The site has been designed to allow
interior access to any of the individually owned properties that comprise the subdivision.
Traffic demand to the site should not be excessive and no adverse impact to Azure Drive
or Tenaya Way is anticipated.

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.

Building elevations, design characteristics and other architectural and aesthetic


features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;
The proposed elevations feature large areas of flat wall surface with no articulation, are
windowless on the east and west sides and do not contain visually interesting patterns or
materials at street level. The bright primary colors chosen should only be used for accents
and not as the main background colors. As a result, the building design will clash with
existing development along the south side of Azure Drive.

SS

VAR-61860 and SDR-61862 [PRJ-61836]


Staff Report Page Twelve
December 8, 2015 - Planning Commission Meeting

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.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

410

APPROVALS

PROTESTS

28

SS

VAR-61860

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VAR-61860 and SDR-61862

VAR-61860 and SDR-61862 - REVISED

VAR-61860 and SDR-61862

VAR-61860 and SDR-61862 - REVISED

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VAR-61860 and SDR-61862 - REVISED

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VAR-61860 and SDR-61862 - REVISED

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VAR-61860 and SDR-61862 - REVISED

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VAR-61860 and SDR-61862 - REVISED

VAR-61860 and SDR-61862 - REVISED

VAR-61860 and SDR-61862 - REVISED

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VAR-61860 and SDR-61862 - REVISED

VAR-61860 and SDR-61862 - REVISED

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VAR-61860 [PRJ-61836] - VARIANCE RELATED TO


DEVELOPMENT, LLC
SOUTH SIDE OF AZURE DRIVE, WEST OF TENAYA WAY

SDR-61862

APPLICANT/OWNER:

10/29/15

AZURE

VAR-61860 [PRJ-61836] - VARIANCE RELATED TO


DEVELOPMENT, LLC
SOUTH SIDE OF AZURE DRIVE, WEST OF TENAYA WAY

SDR-61862

APPLICANT/OWNER:

10/29/15

AZURE

VAR-61860 [PRJ-61836] - VARIANCE RELATED TO


DEVELOPMENT, LLC
SOUTH SIDE OF AZURE DRIVE, WEST OF TENAYA WAY

SDR-61862

APPLICANT/OWNER:

10/29/15

AZURE

VAR-61860 [PRJ-61836] - VARIANCE RELATED TO


DEVELOPMENT, LLC
SOUTH SIDE OF AZURE DRIVE, WEST OF TENAYA WAY

SDR-61862

APPLICANT/OWNER:

10/29/15

AZURE

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7
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VAR-61860 and SDR-61862 - REVISED

Agenda Item No.: 40.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

SDR-61862

Agenda Item No.: 41.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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]

VAR-62029 and SUP-61802 [PRJ-61465]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: HELLFIRE MEDIA, LLC - OWNER: STATE BAR
OF NEVADA

** 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

VAR-62029 and SUP-61802 [PRJ-61465]


Conditions Page Two
December 8, 2015 - Planning Commission Meeting

SUP-61802 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Variance (VAR-62029)


shall be required.

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

VAR-62029 and SUP-61802 [PRJ-61465]


Staff Report Page One
December 8, 2015 - Planning Commission Meeting

** 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

VAR-62029 and SUP-61802 [PRJ-61465]


Staff Report Page Two
December 8, 2015 - Planning Commission Meeting

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


The Board of City Commissioners approved a request for Reclassification of
Property and Plot Plan Review (Z-0021-75) from R-1 (Single Family
08/06/75
Residential) to P-R (Professional Office and Parking) for a proposed office
building and bank building on property located at 1001 South 6th Street and
622 East Charleston Boulevard.
The City Commission approved a request for a six month Extension of Time
(Z-0021-75) for Reclassification of Property and Plot Plan Review (Z-002102/04/76
75) from R-1 (Single Family Residential) to P-R (Professional Office and
Parking) for a proposed office building and bank building on property located
at 1001 South 6th Street and 622 East Charleston Boulevard.
The City Planning Commission denied a request for a Plot Plan Review (Z10/14/76
0021-75) to allow a restaurant facility on property generally located on the
southeast corner of East Charleston Boulevard and South 6th Street.
The Board of City Commissioners approved a request for reclassification of
property (Z-0085-76) from P-R (Professional Office and Parking) to C-1
12/22/76
(Limited Commercial) and Plot Plan Review (Z-0021-75) for a proposed
restaurant with parking facilities on property located at 600 East Charleston
Boulevard.
The City Council approved a request for a Plot Plan Review (Z-0047-72) for a
09/16/87
proposed addition to an existing law office on property located at 600 East
Charleston Boulevard.
The Planning Commission approved a request for a Plot Plan Review (Z05/24/88
0047-72) regarding additional covered parking for a professional office
building on property located at 600 East Charleston Boulevard.
The Planning Commission approved a request for a Review of Condition (Z0047-72) requiring an eight-foot high block wall on property located at 600
02/28/89
East Charleston Boulevard. Condition was amended to install cap on the top
of the existing wall.
The Historic Preservation Commission will consider an application for
12/09/15
historic designation (Wengert House) as a Historic Landmark on the City of
Las Vegas Historic Property Register.

Most Recent Change of Ownership


09/30/97
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#95874607) was issued for wall pilasters, columns, and
07/10/95
wrought iron fencing with gates. The permit was expired on 01/06/96.

NE

VAR-62029 and SUP-61802 [PRJ-61465]


Staff Report Page Three
December 8, 2015 - Planning Commission Meeting

Related Building Permits/Business Licenses


A building permit (# 51268) was issued for the installation of a new roof. This
09/23/05
was expired on 09/06/06.
A building permit (#6007426) was issued for eleven parking spaces with 912/20/06
foot by 18-foot carports. The permit received its final inspection on 01/02/07.
A complaint (#63159) was received by Code Enforcement for temporary
03/11/08
window signs. The case was resolved on 03/13/08.
A building permit (#137746) was issued for a water heater. The permit
04/16/09
received its final inspection on 04/20/09.

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

During a routine site visit, staff observed a well-maintained single family


residence that had been converted into an office building with covered
parking located to the south of the main building. The site was secured with
wrought iron fencing and gates.

Details of Application Request


Site Area
Net Acres
0.78

Surrounding
Property
Subject Property

Existing Land Use Planned or Special Land


Per Title 19.12
Use Designation
Vacant (Office)

C (Commercial)

Existing Zoning District


P-R (Professional Office
and Parking)
NE

VAR-62029 and SUP-61802 [PRJ-61465]


Staff Report Page Four
December 8, 2015 - Planning Commission Meeting

Surrounding
Property
North
South
East
West

Existing Land Use Planned or Special Land


Per Title 19.12
Use Designation
Office
C (Commercial)
Single Family,
O (Office)
Detached
Church/House of
C (Commercial)
Worship
Office

C (Commercial)

Existing Zoning District


C-1 (Limited Commercial)
R-1 (Single Family
Residential)
P-R (Professional Office
and Parking)
P-R (Professional Office
and Parking)

Master Plan Areas


Compliance
No Applicable Master Plan Areas
N/A
Special Purpose and Overlay Districts
Compliance
No Applicable Special Purpose or Overlay Districts
N/A
Other Plans or Special Requirements
Compliance
John S. Park Neighborhood Plan
Y
John S. Park Neighborhood Plan: Less than ten percent of the properties located within the
plan area are zoned for commercial use, residents have expressed concern in the past in regards
to commercial encroachment in relation to this particular site as noted in the John S. Park
Neighborhood Plan, residents are also concerned about possible plans by the Nevada State Bar
to expand south along Sixth Street. Residents are committed to keeping the single-family
residential nature of the neighborhood intact.

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

Master Plan of Streets


and Highways

100

Local Street

Title 13

50

NE

VAR-62029 and SUP-61802 [PRJ-61465]


Staff Report Page Five
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
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

VAR-62029 and SUP-61802 [PRJ-61465]


Staff Report Page Six
December 8, 2015 - Planning Commission Meeting

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

VAR-62029 and SUP-61802 [PRJ-61465]


Staff Report Page Seven
December 8, 2015 - Planning Commission Meeting

1.
2.
3.

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
as to relieve the difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected natural resources
and without substantially impairing the intent and purpose of any ordinance or
resolution.
No evidence of a unique or extraordinary circumstance has been presented, in that the applicant
has created a self-imposed hardship by proposing a land use too intense for the subject site. In
view of the absence of any hardships imposed by the sites physical characteristics, it is
concluded that the applicants hardship is preferential in nature, and it is thereby outside the
realm of NRS Chapter 278 for granting of Variances.

FINDINGS (SUP-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

VAR-62029 and SUP-61802 [PRJ-61465]


Staff Report Page Eight
December 8, 2015 - Planning Commission Meeting

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.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

324

APPROVALS

PROTESTS

38

NE

VAR-62029

VAR-62029

VAR-62029 and SUP-61802

VAR-62029 and SUP-61802

VAR-62029 and SUP-61802

VAR-62029 and SUP-61802

VAR-62029 and SUP-61802

VAR-62029 and SUP-61802

VAR-62029 and SUP-61802

VAR-62029 and SUP-61802

VAR-62029 and SUP-61802

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

VAR-62029 and SUP-61802

Agenda Item No.: 42.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

SUP-61802

SUP-61802

Agenda Item No.: 43.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: 320 S 11TH, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-61411

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends DENIAL, if approved subject to


conditions:

** 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.

Most Recent Change of Ownership


09/23/14
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A Code Enforcement case (#8906) was processed for a vacant accessible
02/19/04
building with broken windows at 320 South 11th Street. The case was resolved
on 02/19/04.

JB

VAR-61411 [PRJ-61288]
Staff Report Page Two
December 8, 2015 - Planning Commission Meeting

Related Building Permits/Business Licenses


A Code Enforcement case (#29722) was processed for no power meter for
05/09/05
apartment (tenant can't get utilities turned on without meter) at 320 South 11th
Street. The case was resolved on 06/15/05.
A Code Enforcement case (#39630) was processed for building a room
03/28/06
addition next to unit #10 at 320 South 11th Street. The case was resolved on
04/18/06.
A Code Enforcement case (#40585) was processed for renovation in unit #9
04/25/06
without permits at 320 South 11th Street. The case was resolved on 12/04/06.
A Code Enforcement case (#44705) was processed to check for all code
violations for all apartments (unlicensed contractor doing whatever work is
being done, mold in bathrooms, water damage in bathrooms; tile in bathrooms
all leak, holes in ceiling; storage shed's roof was done illegally with no
07/20/06
permits - posts are pieced together; all electrical panels were put in with no
permits; uses tenants to do repair work; storage unit lights are just hanging; all
swamp coolers were put in without permits at 320 South 11th Street. The case
was resolved on 07/26/06.
A Code Enforcement case (#47764) was processed for a broken smoke
11/07/06
detector and heater inside unit #7 at 320 South 11th Street. The case was
resolved on 12/05/06.
A Code Enforcement case (#72114) was processed for no heater or hot water
11/20/08
inside unit #3 at 320 South 11th Street. The case was resolved on 12/01/08.
A Code Enforcement case (#99794) was processed for water leaking from
03/31/11
plumbing on the side of the apartment, which is attracting roaches, also bad
odor at 320 South 11th Street. The case was resolved on 04/18/11.
A Code Enforcement case (#126023) was processed for unit 8, 9 and 10
03/12/13
which were renovated without permits at 320 South 11th Street. The case was
resolved on 09/06/13.
A building permit (#232944) was issued for a tenant improvement to combine
09/05/13
units #8, #9 and #10 at 320 South 11th Street. The permit was finalized on
09/30/15.
A Code Enforcement case (#136288) was processed for a roof caving in at
12/18/13
320 South 11th Street. The case was resolved on 01/02/14.
A Code Enforcement case (#150086) was processed for construction of
01/28/15
garages without permits at 320 South 11th Street. The case has not been
resolved.
A Code Enforcement case (#160292) was processed for a sewer drain left
10/13/15
open at 320 South 11th Street. The case was resolved on 10/14/15.

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.

Details of Application Request


Site Area
Net Acres
0.18

Surrounding
Property

Existing Land Use


Per Title 19.12
Multi-Family
Residential
Church/House of
Worship

Planned or Special
Land Use Designation

Duplex

MXU (Mixed Use)

East

Multi-Family
Residential

MXU (Mixed Use)

West

Duplex

MXU (Mixed Use)

Subject Property
North
South

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
Live/Work Overlay District

MXU (Mixed Use)


MXU (Mixed Use)

Existing Zoning District


R-4 (High Density
Residential)
R-4 (High Density
Residential)
R-4 (High Density
Residential)
R-4 (High Density
Residential)
R-4 (High Density
Residential)

Compliance
N/A
Compliance
Y

JB

VAR-61411 [PRJ-61288]
Staff Report Page Four
December 8, 2015 - Planning Commission Meeting

Other Plans or Special Requirements


Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
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

Master Plan of Streets


and Highways

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.

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
as to relieve the difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected natural resources
and without substantially impairing the intent and purpose of any ordinance or
resolution.
No evidence of a unique or extraordinary circumstance has been presented, in that the applicant
has created a self-imposed hardship by constructing two Accessory Structures (Class II)
[garages] totaling 1,931 square feet, which do not comply with Title 19.06 developments
standards for location, aesthetic compatibility and setbacks. 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.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED


NOTICES MAILED

151

APPROVALS

PROTESTS

40

JB

VAR-61411 [PRJ-61288] - VARIANCE - APPLICANT/OWNER: 320 S 11TH, LLC


320 SOUTH 11TH STREET
10/29/15

VAR-61411 [PRJ-61288] - VARIANCE - APPLICANT/OWNER: 320 S 11TH, LLC


320 SOUTH 11TH STREET
10/29/15

VAR-61411 [PRJ-61288] - VARIANCE - APPLICANT/OWNER: 320 S 11TH, LLC


320 SOUTH 11TH STREET
10/29/15

VAR-61411 [PRJ-61288] - VARIANCE - APPLICANT/OWNER: 320 S 11TH, LLC


320 SOUTH 11TH STREET
10/29/15

VAR-61411 [PRJ-61288] - VARIANCE - APPLICANT/OWNER: 320 S 11TH, LLC


320 SOUTH 11TH STREET
10/29/15

VAR-61411 [PRJ-61288] - VARIANCE - APPLICANT/OWNER: 320 S 11TH, LLC


320 SOUTH 11TH STREET
10/29/15

Agenda Item No.: 44.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: PRACHATOUCH THONGUTHAISIRI - OWNER:
THREE J'S

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-61754

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends DENIAL, if approved subject to


conditions:

** 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

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


The City Council approved a Reinstatement and Extension of Time [U-8002/16/94
92(1)] of an approved Special Use Permit which allowed for the sale of beer
and wine within an existing restaurant.
The City Council approved a request for a Special Use Permit (U-109-97) for
12/08/97
the sale of beer and wine in conjunction with an existing restaurant.
The City Council approved a Variance (VAR-6538) to allow 41 parking
07/06/05
spaces where 47 parking spaces were required for a proposed Restaurant.
The City Council approved a Special Use Permit (SUP-6393) for a Restaurant
08/03/05
Service Bar and a Waiver of the 400 Foot Distance Separation Requirement
from an Existing School.
A complaint (#100104) was received by Code Enforcement for illegal signs,
04/06/11
flag, and vehicle. The case was closed on 04/26/11.
The City Council approved a request for a General Plan Amendment (GPA43991) to establish Redevelopment Area 2 and change the future land use
04/18/12
designation on various parcels within the Redevelopment Area to Commercial
or Mixed Use.
A complaint (#114186) was received by Code Enforcement in regards to the
tenant next door having a water issue, and the water running into Suite
05/10/12
number nine causing mushrooms to grow on the walls. The next door tenant
would not address the water issue. The case was closed on 06/19/12.

Most Recent Change of Ownership


12/30/91
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#89044707) was issued for a tenant improvement. The
11/01/89
permit received a final inspection on 11/17/89.
A building permit (#89044706) was issued for a tenant improvement. The
11/01/89
permit received a final inspection on 11/27/89.
A building permit (#89045118) was issued for a tenant improvement. The
11/03/89
permit received a final inspection on 11/22/89.
A building permit (#89046374) was issued for a remote refrigeration system.
11/14/89
The permit did not receive a final inspection and expired on 07/02/94.
A building permit (#89046623) was issued for two type two hoods. The
11/15/89
permit did not receive a final inspection and expired on 07/01/00.
A building permit (#89047492) was issued for a temporary power for an
11/21/89
equipment check. The permit did not receive a final inspection and expired on
07/02/94.

NE

VAR-61754 [PRJ-61576]
Staff Report Page Three
December 8, 2015 - Planning Commission Meeting

Related Building Permits/Business Licenses


A building permit (#92149969) was issued for a remodel. The permit received
06/22/92
a final inspection on 07/10/92.
A building permit (#92150012) was issued for a class one hood and swamp
06/23/92
cooler. The permit received a final inspection on 07/07/92.
A building permit (#92150025) was issued for a grease trap. The permit
06/23/92
received a final inspection on 07/08/92.
A building permit (#92150354) was issued for a gas line. The permit received
06/24/92
a final inspection on 06/29/92.
A building permit (#92151204) was issued for a fire suppression system. The
07/01/92
permit did not receive a final inspection and expired on 01/06/93.
A business license (R09-00418) was issued for a Restaurant. The license is
07/10/92
active.
A business license was issued for a Beer/Wine/Cooler On-Sale Establishment
11/18/10
(L09-00323). The license is active.
A building permit (#246544) was issued for the installation of a Type 2 Hood.
10/09/13
The permit did not receive a final inspection.
A building permit (#251214) was issued for a hood system modification in
12/23/13
reference to permit number 246544. The permit did not receive a final
inspection.
A permit application (#294959) was received for a tenant improvement
08/03/15
(restaurant expansion). The permit is pending this Variance application for
Parking.

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

Staff observed an existing restaurant within an established commercial center


with available parking during a routine site visit.

NE

VAR-61754 [PRJ-61576]
Staff Report Page Four
December 8, 2015 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres
0.22

Surrounding
Property
Subject Property
North
South
East
West

Existing Land Use


Per Title 19.12
Commercial
Commercial
Single Family,
Detached
Commercial
Commercial

Planned or Special
Land Use Designation
C (Commercial)
C (Commercial)
L (Low Density
Residential)
C (Commercial)
C (Commercial)

Existing Zoning District


C-1 (Limited Commercial)
C-1 (Limited Commercial)
R-1 (Single Family
Residential)
C-1 (Limited Commercial)
C-1 (Limited Commercial)

Master Plan Areas


Compliance
No Applicable Master Plan Area
N/A
Special Purpose and Overlay Districts
Compliance
A-O (Airport Overlay) District - 200 Feet
Y
Other Plans or Special Requirements
Compliance
Trails
N/A
Las Vegas Redevelopment Plan Area 2
Y
Project of Significant Impact (Development Impact Notification Assessment)
N/A
Project of Regional Significance
N/A
A-O (Airport Overlay) District: Buildings constructed within the Airport Overlay District are
required to stay within the assigned height limitations for the site. Any proposed projects for the
subject site that exceed the 200-foot height limitation would require a site review by the
Planning Commission. The subject site is a single story building with no exterior additions
proposed as part of the restaurant expansion.
Las Vegas Redevelopment Plan Area 2: One of the goals stated by the Redevelopment Plan is
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 Redevelopment Area 2.This Variance application is the result of the applicant
submitting an application for a building permit to expand and remodel their existing restaurant.

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

Master Plan of Streets


100
and Highways
* The proposed restaurant expansion is a tenant improvement only and does not impact the
existing buildings footprint and will continue to be sufficiently served by Sahara Avenue.
Sahara Avenue

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.

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


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

Additionally, Title 19.16.140(L) states:


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

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.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

1026

APPROVALS

PROTESTS

31

NE

VAR-61754

VAR-61754

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VAR-61754 [PRJ-61576] - VARIANCE - APPLICANT: PRACHATOUCH THONGUTHAISIRI - OWNER:


THREE J'S
3839 WEST SAHARA AVENUE, SUITE #9
10/29/15

VAR-61754 [PRJ-61576] - VARIANCE - APPLICANT: PRACHATOUCH THONGUTHAISIRI - OWNER:


THREE J'S
3839 WEST SAHARA AVENUE, SUITE #9
10/29/15

VAR-61754 [PRJ-61576] - VARIANCE - APPLICANT: PRACHATOUCH THONGUTHAISIRI - OWNER:


THREE J'S
3839 WEST SAHARA AVENUE, SUITE #9
10/29/15

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VAR-61754

Agenda Item No.: 45.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: RUBI SANCHEZ - OWNER: CHARLESTON
BLVD TRUST

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-61788

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends DENIAL, if approved subject to


conditions:

** 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.

Most Recent Change of Ownership


10/05/15
A deed was recorded for a change in ownership.

MR

VAR-61788 [PRJ-61334]
Staff Report Page Two
December 8, 2015 - Planning Commission Meeting

Related Building Permits/Business Licenses


1973
The building was constructed.
A business license (B05-03362) was issued for a Beauty Salon (two stations)
10/24/13
at 3031 East Charleston Boulevard, Suite #A. The license is active as of
A business license (G63-01809) was issued for a Travel Agency at 3031 East
04/08/15
Charleston Boulevard, Suite #D. The license is active as of 11/16/15.
A business license (G63-05698) was issued for General Retail at 3031 East
08/05/15
Charleston Boulevard, Suite #E. The license is active as of 11/16/15.

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.

Details of Application Request


Site Area
Net Acres
0.32

Surrounding
Property
Subject Property

North
South

Existing Land Use


Per Title 19.12
General Personal
Services
General Retail Store,
Other Than Listed
Auto Repair Garage,
Major
Multi-Family
Residential

Planned or Special
Land Use Designation

Existing Zoning District

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

Existing Land Use


Per Title 19.12
General Retail Store,
Other Than Listed
General Retail Store,
Other Than Listed
Liquor
Establishment,
Tavern

Planned or Special
Land Use Designation
LI/R (Light
Industry/Research)
LI/R (Light
Industry/Research)

Existing Zoning District


M (Industrial)

M (Industrial)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
No Applicable Special Purpose or Overlay Districts
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
Compliance
N/A
Compliance
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.

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
as to relieve the difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected natural resources
and without substantially impairing the intent and purpose of any ordinance or
resolution.
No evidence of a unique or extraordinary circumstance has been presented, in that the applicant
has created a self-imposed hardship by proposing a use that is of greater intensity than the site
was designed to accommodate. Alternatively, the applicant could choose a site that can
adequately accommodate the General Personal Service use and would be in conformance with all
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.

MR

VAR-61788 [PRJ-61334]
Staff Report Page Five
December 8, 2015 - Planning Commission Meeting

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

79

APPROVALS

PROTESTS

33

MR

VAR-61788

VAR-61788

VAR-61788

VAR-61788 [PRJ-61334] - VARIANCE - APPLICANT: RUBI SANCHEZ - OWNER: CHARLESTON BLVD


TRUST
3031 EAST CHARLESTON BOULEVARD, SUITE A
10/29/15

VAR-61788 [PRJ-61334] - VARIANCE - APPLICANT: RUBI SANCHEZ - OWNER: CHARLESTON BLVD


TRUST
3031 EAST CHARLESTON BOULEVARD, SUITE A
10/29/15

VAR-61788 [PRJ-61334] - VARIANCE - APPLICANT: RUBI SANCHEZ - OWNER: CHARLESTON BLVD


TRUST
3031 EAST CHARLESTON BOULEVARD, SUITE A
10/29/15

VAR-61788 [PRJ-61334] - VARIANCE - APPLICANT: RUBI SANCHEZ - OWNER: CHARLESTON BLVD


TRUST
3031 EAST CHARLESTON BOULEVARD, SUITE A
10/29/15

VAR-61788 [PRJ-61334] - VARIANCE - APPLICANT: RUBI SANCHEZ - OWNER: CHARLESTON BLVD


TRUST
3031 EAST CHARLESTON BOULEVARD, SUITE A
10/29/15

VAR-61788

Agenda Item No.: 46.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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]

SUP-61781 and SDR-61785 [PRJ-61694]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION:
APPLICANT: MURPHY OIL, USA - OWNER: PARRIS
ROBINSON EASTERN, LLC

** 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.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a


Beer/Wine/Cooler Off-Sale Establishment use.

2.

Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-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

SUP-61781 and SDR-61785 [PRJ-61694]


Conditions Page Two
December 8, 2015 - Planning Commission Meeting

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.

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


Architect, Residential Designer or Civil Engineer, must be submitted prior to or at the same
time application is made for a building permit. A permanent underground sprinkler system
is required, and shall be permanently maintained in a satisfactory manner; the landscape
plan shall include irrigation specifications. Installed landscaping shall not impede visibility
of any traffic control device. The technical landscape plan shall show the proposed
California Fan Palm trees with a minimum brown trunk height of 15 feet in conformance
with Title 19 landscape standards.

SS

SUP-61781 and SDR-61785 [PRJ-61694]


Conditions Page Three
December 8, 2015 - Planning Commission Meeting

8.

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

9.

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

Public Works
10.

All rights-of-way and easements required by Condition #5 of TMP-60902 must be


dedicated and granted prior to the issuance of permits for this site.

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

SUP-61781 and SDR-61785 [PRJ-61694]


Conditions Page Four
December 8, 2015 - Planning Commission Meeting

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

SUP-61781 and SDR-61785 [PRJ-61694]


Staff Report Page One
December 8, 2015 - Planning Commission Meeting

** 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

A Beer/Wine/Cooler Off-Sale Establishment use is permitted in the C-2 (Limited


Commercial) zoning district with the approval of a Special Use Permit.
A Waiver of Title 19.08.040(B)(6) is required to allow the proposed convenience store to be
placed away from the front and corner setback lines where placement at the corner is
required. Staff recommends denial of the waiver.

SS

SUP-61781 and SDR-61785 [PRJ-61694]


Staff Report Page Two
December 8, 2015 - Planning Commission Meeting

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.

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


Code Enforcement processed a Case (153742) requesting removal of political
04/27/15
signage at the corner of Rancho Drive and Craig Road. The case was
resolved 04/29/15.
The City Council approved a request for a General Plan Amendment (GPA60900) from SC (Service Commercial) to GC (General Commercial) on 51.21
acres at the southeast corner of Rancho Drive and Craig Road. The Planning
Commission and staff recommended approval.
The City Council approved a request for a Rezoning (GPA-60901) from R-E
(Residence Estates) and C-2 (General Commercial) to C-2 (General
11/18/15
Commercial) on 51.21 acres at the southeast corner of Rancho Drive and
Craig Road. The Planning Commission and staff recommended approval.
The City Council approved a request for a Tentative Map (TMP-60902) for a
one-lot commercial subdivision on 51.21 acres at the southeast corner of
Rancho Drive and Craig Road. The Planning Commission and staff
recommended approval.

Most Recent Change of Ownership


09/02/14
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no building permits or business licenses relevant to these requests.

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

SUP-61781 and SDR-61785 [PRJ-61694]


Staff Report Page Three
December 8, 2015 - Planning Commission Meeting

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.

Details of Application Request


Site Area
Net Acres
1.06-acre portion of a 24.06-acre parcel
Surrounding
Property
Subject Property

Existing Land Use


Per Title 19.12
Undeveloped

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)

Existing Zoning District


C-2 (General
Commercial)
C-1 (Limited
Commercial)
C-2 (General
Commercial)
C-1 (Limited
Commercial)

C-2 (General
Commercial)

SS

SUP-61781 and SDR-61785 [PRJ-61694]


Staff Report Page Four
December 8, 2015 - Planning Commission Meeting

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
A-O (Airport Overlay) District (140 Feet)
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
Compliance
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

Pursuant to Title 19.08, the following standards apply:


Landscaping and Open Space Standards
Required
Standards
Ratio
Trees
Buffer Trees:
North
1 Tree / 20 Linear Feet
10 Trees
South
N/A
N/A
East
1 Tree / 20 Linear Feet
6 Trees
N/A
N/A
West
TOTAL PERIMETER TREES
16 Trees

Y
Y

Provided

Compliance

12 Trees
1 Tree
9 Trees
4 Trees
26 Trees

Y
N/A
Y
N/A
Y

SS

SUP-61781 and SDR-61785 [PRJ-61694]


Staff Report Page Five
December 8, 2015 - Planning Commission Meeting

Landscaping and Open Space Standards


Required
Standards
Ratio
Trees
1 Tree / 6 Uncovered
Parking Area Trees
Spaces, plus 1 tree at the
3 Trees
end of each row of spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
15 Feet
South
N/A
East
15 Feet
N/A
West
Wall Height
6 to 8 Feet Adjacent to Residential

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

SUP-61781 and SDR-61785 [PRJ-61694]


Staff Report Page Six
December 8, 2015 - Planning Commission Meeting

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

Building and parking oriented


away from corner

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

SUP-61781 and SDR-61785 [PRJ-61694]


Staff Report Page Seven
December 8, 2015 - Planning Commission Meeting

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

SUP-61781 and SDR-61785 [PRJ-61694]


Staff Report Page Eight
December 8, 2015 - Planning Commission Meeting

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

SUP-61781 and SDR-61785 [PRJ-61694]


Staff Report Page Nine
December 8, 2015 - Planning Commission Meeting

This requirement does not apply, as no waiver of distance separation is necessary.


5. The minimum distance requirements in Requirement 1 do not apply to:
a. An establishment which has a nonrestricted gaming license in connection with a
hotel having 200 or more guest rooms n or before July 1, 1992 or in connection
with a resort hotel having in excess of 200 guest rooms after July 1, 1992; or
b. A proposed establishment having more than 50,000 square feet of retail floor
space.
Neither condition above applies to this request; therefore, the minimum distance
requirements apply.
6. All businesses which sell alcoholic beverages shall conform to the provisions of LVMC
Chapter 6.50. (nonwaivable)
The proposed use is required to comply with this requirement as a condition of approval.
7. The minimum distance requirements set forth in Requirement 1, which are otherwise
nonwaivable under the provisions of LVMC 19.12.050(C), may be waived:
a. In accordance with the provisions of LVMC 19.12.050(C) for any establishment
which is proposed to be located on a parcel within the Downtown Casino Overlay
District;
b. In accordance with the applicable provisions of the Town Center Development
Standards Manual for any establishment which is proposed to be located within
the T-C (Town Center) Zoning District and which is designated MS- TC (Main
Street Mixed Use) in the Town Center Land Use Plan;
c. In connection with a proposed establishment having between 20,000 square feet
and 50,000 square feet of retail floor space, if no more than 10 percent of the retail
floor space is regularly devoted to the display or merchandising of alcoholic
beverages; or
d. In connection with a retail establishment having less than 20,000 square feet of
retail floor space, if the area to be used for the sale, display or merchandising of
alcoholic beverages and each use to be protected are separated by a highway or a
right-of-way with a width of at least 100 feet.
This requirement does not apply, as no waiver of distance separation is necessary.
8. Except for a grocery store or drugstore as defined by LVMC 6.50.020 that contains not
less than twelve thousand square feet of gross internal floor area, no establishment shall
be permitted on or adjacent to the Pedestrian Mall, as defined in LVMC Chapter 11.68.
This requirement does not apply, as the proposed use would not be located on or
adjacent to the Pedestrian Mall.

SS

SUP-61781 and SDR-61785 [PRJ-61694]


Staff Report Page Ten
December 8, 2015 - Planning Commission Meeting

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

SUP-61781 and SDR-61785 [PRJ-61694]


Staff Report Page Eleven
December 8, 2015 - Planning Commission Meeting

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.

The proposed development is compatible with adjacent development and


development in the area;
This type of commercial development is appropriate for the area, as it is located at the
intersection of two major thoroughfares close to similar commercial development.
However, the proposed site design is not compatible with existing development at the
northwest corner of Craig Road and Jones Boulevard, and there is no physical
characteristic of this undeveloped property that would require the building to be designed
so that it is oriented away from the corner. As staff supports the design principles that
produce efficient, aesthetically pleasing and pedestrian-friendly development, it
recommends denial of this application.

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.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
Access to the site is proposed from Craig Road and Jones Boulevard with right-in, rightout capacity. Future driveways from these streets will provide additional access to the
convenience store from the site interior. The access design will ensure minimal traffic
delays and conflicts.

4.

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

SS

SUP-61781 and SDR-61785 [PRJ-61694]


Staff Report Page Twelve
December 8, 2015 - Planning Commission Meeting

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.

Building elevations, design characteristics and other architectural and aesthetic


features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;
The fuel canopy and convenience store building area are designed with similar materials
for a complementary look. Both provide visual interest through changes in color, wall
plane and materials.

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.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

654

APPROVALS

PROTESTS

24

SS

SUP-61781

SUP-61781

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SUP-61781 and SDR-61785

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SUP-61781 and SDR-61785

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SUP-61781 and SDR-61785

SUP-61781 and SDR-61785

SUP-61781 and SDR-61785

SUP-61781 and SDR-61785

SUP-61781 and SDR-61785

SUP-61781 and SDR-61785

SUP-61781 and SDR-61785

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SUP-61781 and SDR-61785

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

SUP-61781 and SDR-61785

SUP-61781 and SDR-61785

Agenda Item No.: 47.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

SDR-61785

Agenda Item No.: 48.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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]

SUP-61789 and SDR-61790 [PRJ-61708]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: RED HOOK CAPITAL PARTNERS II, LLC OWNER: WELLS FARGO BANK, N.A. TRUST

** 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.

Conformance to all Minimum Requirements under the Town Center Development


Standards Manual for a Public or Private, School, Primary use.

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

SUP-61789 and SDR-61790 [PRJ-61708]


Conditions Page Two
December 8, 2015 - Planning Commission Meeting

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

SUP-61789 and SDR-61790 [PRJ-61708]


Conditions Page Three
December 8, 2015 - Planning Commission Meeting

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.

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


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

7.

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

SUP-61789 and SDR-61790 [PRJ-61708]


Staff Report Page One
December 8, 2015 - Planning Commission Meeting

** 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

SUP-61789 and SDR-61790 [PRJ-61708]


Staff Report Page Two
December 8, 2015 - Planning Commission Meeting

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

SUP-61789 and SDR-61790 [PRJ-61708]


Staff Report Page Three
December 8, 2015 - Planning Commission Meeting

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


Department of Planning staff approved a Site Development Plan Review
(SDR-6906) for a proposed 38,883 square-foot office building on 2.92 acres
07/14/05
at the southeast corner of Deer Springs Way and Cimarron Road. The
approval expired 07/26/07.
The Planning Commission approved a request for a Site Development Plan
Review (SDR-8967) for two proposed retail buildings totaling 10,150 square
feet and waivers of building foundation and parking lot landscaping
01/12/06
requirements on 2.58 acres adjacent to the north side of Sky Pointe Drive,
approximately 650 feet east of Cimarron Road. Staff recommended approval.
Only the building on the eastern portion of the site was built.
The Planning Commission approved a request for a Site Development Plan
Review (SDR-12085) for a proposed 12,937 square-foot retail building on
05/11/06
1.59 acres adjacent to the north side of Sky Pointe Drive, approximately 210
feet east of Cimarron Road. Staff recommended approval. The approval
expired 05/11/08.

Most Recent Change of Ownership


04/09/15
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#00004000) was issued for a Certificate of Occupancy for
03/08/00
a convenience store at 6698 Sky Pointe Drive. A final inspection was
completed 08/03/00.
A building permit (#04008508) was issued for a college building at 7951
04/14/04
West Deer Springs Way, Suite #150. A final inspection was completed
12/16/04.
A building permit (#04016179) was issued for a Certificate of Completion for
06/25/04
an office shell building at 6628 Sky Pointe Drive. A final inspection was
completed 12/03/04.
A building permit (254016) was issued for a wall at 7951 West Deer Springs
07/28/04
Way. A final inspection was completed 09/14/04.
A building permit (#07002173) was issued for a Certificate of Completion for
a retail shell building (A) at 6620 Sky Pointe Drive. A final inspection was
completed 01/30/09.
07/09/07
A building permit (#07002174) was issued for a Certificate of Completion for
a retail shell building (B) at 6624 Sky Pointe Drive. A final inspection was
completed 01/30/09.

SS

SUP-61789 and SDR-61790 [PRJ-61708]


Staff Report Page Four
December 8, 2015 - Planning Commission Meeting

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.

Details of Application Request


Site Area
Net Acres
2.22

Surrounding
Property

Existing Land Use


Per Title 19.12

Subject Property

College, University
or Seminary

North

South

East

West

Office, Other Than


Listed (ancillary
parking)
Undeveloped
Office, Other Than
Listed
Multi-Family
Residential
(Apartments)
Undeveloped

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)

Existing Zoning District


T-C (Town Center)

T-C (Town Center)

T-C (Town Center)

T-C (Town Center)

T-C (Town Center)

SS

SUP-61789 and SDR-61790 [PRJ-61708]


Staff Report Page Five
December 8, 2015 - Planning Commission Meeting

Master Plan Areas


Town Center Master Plan
Special Purpose and Overlay Districts
T-C (Town Center) District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
Y
Compliance
Y
Compliance
N/A
N/A
N/A
N/A

DEVELOPMENT STANDARDS

Street Name

Functional
Classification of
Street(s)
Major Collector

Deer Springs Way

Town Center
Arterial (Special
Design Roadway)

Governing Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Master Plan of Streets


and Highways Map
Town Center
Development Standards
Manual

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

SUP-61789 and SDR-61790 [PRJ-61708]


Staff Report Page Six
December 8, 2015 - Planning Commission Meeting

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

SUP-61789 and SDR-61790 [PRJ-61708]


Staff Report Page Seven
December 8, 2015 - Planning Commission Meeting

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.

Original Parking Requirement


Gross Floor
Area or
Use
Number of
Units
General Retail

149,455 SF

Parking
Ratio
1 space
per 250
SF GFA

TOTAL SPACES REQUIRED


Regular and Handicap Spaces Required

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

SUP-61789 and SDR-61790 [PRJ-61708]


Staff Report Page Eight
December 8, 2015 - Planning Commission Meeting

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

SUP-61789 and SDR-61790 [PRJ-61708]


Staff Report Page Nine
December 8, 2015 - Planning Commission Meeting

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

SUP-61789 and SDR-61790 [PRJ-61708]


Staff Report Page Ten
December 8, 2015 - Planning Commission Meeting

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.

The proposed development is compatible with adjacent development and


development in the area;

SS

SUP-61789 and SDR-61790 [PRJ-61708]


Staff Report Page Eleven
December 8, 2015 - Planning Commission Meeting

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.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
The applicant has provided ample drop-off and pick-up areas near the building and a site
circulation plan to address traffic. Student pick-up and drop-off would be regulated by
staggering times in the morning and afternoon. It is unclear from the site circulation plan
how one-way traffic would be maintained as shown and cut-through traffic would be
mitigated. 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, which are classified as a Town Center
Collector and Town Center Loop Road, respectively.

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.

Building elevations, design characteristics and other architectural and aesthetic


features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;
Building elevations, which are harmonious with existing development, will remain
unaffected by the school proposal.

SS

SUP-61789 and SDR-61790 [PRJ-61708]


Staff Report Page Twelve
December 8, 2015 - Planning Commission Meeting

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.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

528

APPROVALS

PROTESTS

30

SS

SUP-61789

SUP-61789

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SUP-61789 and SDR-61790

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SUP-61789 and SDR-61790

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

SUP-61789 and SDR-61790

SUP-61789 and SDR-61790

SUP-61789 and SDR-61790

SUP-61789 and SDR-61790

SUP-61789 and SDR-61790

Agenda Item No.: 49.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation

Consistent with the Citys


sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.

SDR-61790

SDR-61790

SDR-61790

Agenda Item No.: 50.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: DESERT GYMCATS - OWNER: THE LAKES
LUTHERAN CHURCH

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SDR-61799

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL, subject to conditions:

** CONDITIONS **

SDR-61799 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Variance (VAR-61801)


shall be required, if approved.

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.

An Exception from Title 19.08.040 is hereby approved, to allow parking-lot islands


between every seven spaces, where parking-lot islands are required between every six
spaces.
JB

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.

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


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

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.

Submit an Encroachment Agreement for landscaping and private improvements in the


Cimarron Road and Via Olivero Avenue public rights-of-way prior to this issuance of
permits for these improvements. The applicant must carry an insurance policy for the term
of the Encroachment Agreement and add the City of Las Vegas as an additionally insured
entity on this insurance policy. If requested by the City, the applicant shall remove property
encroaching in the public right-of-way at the applicant's expense pursuant to the terms of
the City's Encroachment Agreement. The installation and maintenance of all private
improvements in the public right-of- way shall be the responsibility of the applicant and
any successors in interest to the property and assigns pursuant to the terms of the
Encroachment Agreement. Coordinate all requirements for the Encroachment Agreement
with the Land Development Section of the Department of Building and Safety (229-4836).
JB

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

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


The City Council approved a request for Rezoning (ZON-34601) from C-V
(Civic) to C-1 (Limited Commercial) on 3.88 acres at 8200 West Sahara
Avenue. The Planning Commission and staff recommended approval of the
request.
The City Council approved a request for a Site Development Plan Review
(SDR-34602) for a proposed 50-foot tall, four-story 33-unit Senior Citizen
Apartments; 41-unit assisted living apartments; 22-bed convalescent care
facility/nursing home; child care facility and expansion to an existing
Church/House of Worship at 8200 West Sahara Avenue. The Planning
Commission recommended approval of the request, staff recommended
denial.
The City Council approved a request for a Special Use Permit (SUP-34604)
for proposed Senior Citizen Apartments at 8200 West Sahara Avenue. The
Planning Commission and staff recommended approval of the request.
The City Council approved a related request for a Variance (VAR-34605) to
allow 160 parking spaces where 205 are required for a proposed
Church/House of Worship expansion; Senior Citizen Apartments; Assisted
Living Apartments; Convalescent Care Facility/Nursing Home; and a Child
Care Facility at 8200 West Sahara Avenue. The Planning Commission
recommended approval of the request, staff recommended denial.
The City Council approved a related request for a Special Use Permit (SUP34606) for a proposed Convalescent Care Facility/Nursing Home at 8200
West Sahara Avenue. The Planning Commission and staff recommended
approval of the request.
The City Council approved a related request for a Special Use Permit (SUP34608) for proposed Assisted Living Apartments at 8200 West Sahara
Avenue. The Planning Commission and staff recommended approval of the
request.
The City Council approved a request for an Extension of Time (EOT-42622)
of a previously approved Site Development Plan Review (SDR-34602) for a
proposed 50-foot tall, four-story 33-unit Senior Citizen Apartments; 41-unit
assisted living apartments; 22-bed convalescent care facility/nursing home;
child care facility and expansion to an existing Church/House of Worship at
8200 West Sahara Avenue. Staff recommended approval of the request.
The City Council approved a request for an Extension of Time (EOT-42623)
09/07/11
of a previously approved Special Use Permit (SUP-34608) for proposed
Assisted Living Apartments at 8200 West Sahara Avenue. Staff
recommended approval of the request.
The City Council approved a request for an Extension of Time (EOT-42624)
of a previously approved Special Use Permit (SUP-34606) for a proposed
Convalescent Care Facility/Nursing Home at 8200 West Sahara Avenue. Staff
recommended approval of the request.
JB

SDR-61799 [PRJ-60218]
Staff Report Page Three
December 8, 2015 - Planning Commission Meeting

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


The City Council approved a request for an Extension of Time (EOT-42625)
of a previously approved Special Use Permit (SUP-34604) for proposed
Senior Citizen Apartments at 8200 West Sahara Avenue. Staff recommended
approval of the request.
The City Council approved a request for an Extension of Time (EOT-42626)
of a previously approved Variance (VAR-34605) to allow 160 parking spaces
where 205 are required for a proposed Church/House of Worship expansion;
Senior Citizen Apartments; Assisted Living Apartments; Convalescent Care
Facility/Nursing Home; and a Child Care Facility at 8200 West Sahara
Avenue. Staff recommended approval of the request.
The City Council approved a request for an Extension of Time (EOT-50543)
of a previously approved Site Development Plan Review (SDR-34602) for a
proposed 50-foot tall, four-story 33-unit Senior Citizen Apartments; 41-unit
assisted living apartments; 22-bed convalescent care facility/nursing home;
child care facility and expansion to an existing Church/House of Worship at
8200 West Sahara Avenue. Staff recommended approval of the request.
The City Council approved a request for an Extension of Time (EOT-50544)
of a previously approved Special Use Permit (SUP-34604) for proposed
Senior Citizen Apartments at 8200 West Sahara Avenue. Staff recommended
approval of the request.
The City Council approved a request for an Extension of Time (EOT-50546)
of a previously approved Special Use Permit (SUP-34606) for a proposed
10/02/13
Convalescent Care Facility/Nursing Home at 8200 West Sahara Avenue. Staff
recommended approval of the request.
The City Council approved a request for an Extension of Time (EOT-50547)
of a previously approved Special Use Permit (SUP-34608) for proposed
Assisted Living Apartments at 8200 West Sahara Avenue. Staff
recommended approval of the request.
The City Council approved a request for an Extension of Time (EOT-50549)
of a previously approved Variance (VAR-34605) to allow 160 parking spaces
where 205 are required for a proposed Church/House of Worship expansion;
Senior Citizen Apartments; Assisted Living Apartments; Convalescent Care
Facility/Nursing Home; and a Child Care Facility at 8200 West Sahara
Avenue. Staff recommended approval of the request.

Most Recent Change of Ownership


01/14/94
A deed was recorded for a change in ownership.

JB

SDR-61799 [PRJ-60218]
Staff Report Page Four
December 8, 2015 - Planning Commission Meeting

Related Building Permits/Business Licenses


Building permits were issued for onsite improvements (#95373763) and a
04/17/95
new building (#95373764) at 8200 West Sahara Avenue. The permits were
finalized under building permit (#97007415) on 05/27/97.
A building permit (#95883523) was issued for a sign at 8200 West Sahara
12/01/95
Avenue. The permit expired 09/21/96 without receiving final approval.
A building permit (#95882928) was issued for a 50-foot long, six-foot high
11/22/95
block wall and a 275-foot long, two-foot high retaining wall. The permit
expired 09/21/96 without receiving final approval.
A building permit (#04009010) was issued for a 5,280 square-foot addition at
04/19/04
8200 West Sahara Avenue. The permit received final approval 08/24/04.
A Code Enforcement case (#49973) was processed for water running into the
01/31/07
street at 8200 West Sahara Avenue. The case was resolved on 02/01/07.
A Code Enforcement case (#102953) was processed for missing trees and
06/14/11
bushes from landscape buffers at 8200 West Sahara Avenue. The case was
resolved on 08/23/11.

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.

Details of Application Request


Site Area
Net Acres
3.88

JB

SDR-61799 [PRJ-60218]
Staff Report Page Five
December 8, 2015 - Planning Commission Meeting

Surrounding
Property

Existing Land Use Per


Title 19.12

Planned or Special
Land Use
Designation

Existing Zoning District

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

Office, Other than


Listed

CN (Commercial
Neighborhood)
Clark County

C-1 (Local Business) 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)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
No Applicable Special Purpose or Overlay Districts
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
N/A
Compliance
N/A
Compliance
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.

Residential Adjacency Standards


Required/Allowed Provided
Compliance
3:1 proximity slope
105 Feet
176 Feet
Y
Trash Enclosure
50 Feet
208 Feet
Y
*There are single-family residential properties which are zoned R-E (Residence Estates) located
approximately 176 feet to the northwest of the subject site.

Pursuant to Title 19.08, the following standards apply:


Landscaping and Open Space Standards
Required
Standards
Ratio
Trees
Buffer Trees:
North
1 Tree / 30 Linear Feet
8 Trees
1 Tree / 30 Linear Feet
8 Trees
West
TOTAL PERIMETER TREES
16 Trees
1 Tree / 6 Uncovered
Parking Area Trees
Spaces, plus 1 tree at the
14 Trees
end of each row of spaces

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

LANDSCAPE BUFFER WIDTHS


Min. Zone Width
North
15 Feet
17 Feet
Y
8 Feet
6 Feet
N**
West
Wall Height
6 to 8 Feet Adjacent to Residential
8 Feet
Y
Perimeter Retaining
Y
> 2% slope 4 Feet
4 Feet
Wall Height
*The applicant has requested an 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.
** The applicant has requested a Waiver of Title 19.08.070 landscape buffer requirement to
allow a six-foot landscape buffer along the west perimeter of the subject site where an eight-foot
landscape buffer is required.

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.

The proposed development is compatible with adjacent development and


development in the area;

JB

SDR-61799 [PRJ-60218]
Staff Report Page Ten
December 8, 2015 - Planning Commission Meeting

The proposed Commercial Recreation/Amusement (Indoor) [Gym] development is


compatible with adjacent commercial and residential development in the area. The
proposed 35-foot tall structure is contextually appropriate with other buildings in the area
and the applicant has provided the sufficient landscaping, creating an attractive
commercial 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 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.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
The site is accessed from Sahara Avenue, which is classified by the City of Las Vegas
Master Plan of Streets and Highways, as a 150-foot Primary Arterial and Cimarron Road a
80-foot Major Collector Street. This project will add approximately 254 trips per day on
Sahara Avenue and Cimarron Road. Sahara Avenue is currently at about 60 percent of
capacity and Cimarron Road is at about 20 percent of capacity. After this project, Sahara
Avenue is expected to be at about 61 percent of capacity and Cimarron Road 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.

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.

Building elevations, design characteristics and other architectural and aesthetic


features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;
The design characteristics of the proposed building elevations are not unsightly and are
compatible with development in the area. The proposed materials are suitable for the
surrounding commercial and residential uses and the desert environment.

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.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

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

SDR 61799
Desert Gymcats

8200 West Sahara Avenue


Proposed 18.1 thousand square foot commercial recreational facility.
Proposed Use
Average Daily Traffic (ADT)
AM Peak Hour

14.03
RACQUET/TENNIS CLUB [1000 SF]

PM Peak Hour

18.1

0.00
1.06

254
0
19

Existing traffic on all nearby streets:


Sahara Avenue
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

31,206
2,496

Cimarron Drive
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

4,842
387

Traffic Capacity of adjacent streets:


Sahara Avenue
Cimarron Drive

Adjacent Street ADT Capacity


51,800
24,538

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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7
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7 7 7 7 7 7 7 7 7 7 7 7 7 7
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7 77 7 7 7 7 7 7 7 7 7 7 7 7 7
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7 77 7 7 7 7 7 A7 7 7 7 7 7 7
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SDR-61799

777

Agenda Item No.: 51.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent

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:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff has NO RECOMMENDATION.
BACKUP DOCUMENTATION:
1. Proposed Amendments and Staff Report

TXT-62304

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2015
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

TXT-62304

REQUIRED FOR
APPROVAL

Staff has NO RECOMMENDATION.

** 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

4. Accessory automobile rental is permitted.


*5. No motor vehicle sales (used) may be located on Rancho Drive, between Vegas
Drive and Craig Road.
On-site Parking Requirement: One space for each 500 square feet of enclosed gross
floor area designated for this use. Vehicles that are on display or for sale may not be
parked or stored in parking spaces that are designated as off street parking necessary to
meet the minimum requirements. The parking and storage of such vehicles must occur
only in spaces that are in excess of the required minimum parking.

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.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

RJ notification only

APPROVALS

PROTESTS

SS

Agenda Item No.: 52.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: DECEMBER 8, 2015
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
SUBJECT:
CITIZENS PARTICIPATION: PUBLIC COMMENT DURING THIS PORTION OF THE
AGENDA MUST BE LIMITED TO MATTERS WITHIN THE JURISDICTION OF THE
PLANNING COMMISSION. NO SUBJECT MAY BE ACTED UPON BY THE PLANNING
COMMISSION UNLESS THAT SUBJECT IS ON THE AGENDA AND IS SCHEDULED
FOR ACTION. IF YOU WISH TO BE HEARD, COME TO THE PODIUM AND GIVE
YOUR NAME FOR THE RECORD. THE AMOUNT OF DISCUSSION ON ANY SINGLE
SUBJECT, AS WELL AS THE AMOUNT OF TIME ANY SINGLE SPEAKER IS
ALLOWED, MAY BE LIMITED

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