Professional Documents
Culture Documents
COMMISSIONERS
Facilities are provided throughout City Hall for convenience of persons with disabilities. For meetings held in the
Council Chambers, sound equipment is available for persons with hearing impairments. Reasonable efforts will be
made to assist and accommodate persons with disabilities or impairments. If you need an accommodation to
attend and participate in this meeting, please call the DEPARTMENT DESIGNEE at 702-229-6301 and
advise of your need at least 48 hours in advance of the meeting. Dial 7-1-1 for Relay Nevada.
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 January 10, 2017 - Page 1
Staff will present each item to the Commission in order as shown on the agenda, along with a recommendation and
suggested conditions of approval, if appropriate.
2.
The applicant is asked to be at the public microphone during the staff presentation. When the staff presentation is
complete, the applicant should state his name and address, and indicate whether or not he accepts staffs conditions of
approval.
3.
If areas of concern are known in advance, or if the applicant does not accept staffs condition, the applicant or his
representative is invited to make a brief presentation of his item with emphasis on any items of concern.
4.
Persons other than the applicant who support the request are invited to make brief statements after the applicant. If
more than one supporter is present, comments should not be repetitive. A representative is welcome to speak and
indicate that he speaks for others in the audience who share his view.
5.
Objectors to the item will be heard after the applicant and any other supporters. All who wish to speak will be heard,
but in the interest of time it is suggested that representatives be selected who can summarize the views of any groups
of interested parties.
6.
After all objectors input has been received; the applicant will be invited to respond to any new issues raised.
7.
Following the applicants response, the public hearing will be closed; Commissioners will discuss the item amongst
themselves, ask any questions they feel are appropriate, and proceed to a motion and decision on the matter.
8.
Letters, petitions, photographs and other submissions to the Commission will be retained for the record. Large maps,
models and other materials may be displayed to the Commission from the microphone area, but need not be handed in
for the record unless requested by the Commission.
As a courtesy, we would ask those not speaking to be seated and not interrupt the speaker or the Commission. We appreciate
your courtesy and hope you will help us make your visit with the Commission a good and fair experience.
BUSINESS ITEMS:
1.
CALL TO ORDER
2.
3.
ROLL CALL
4.
PUBLIC COMMENT DURING THIS PORTION OF THE AGENDA MUST BE LIMITED TO MATTERS ON THE
AGENDA FOR ACTION. IF YOU WISH TO BE HEARD, COME TO THE PODIUM AND GIVE YOUR NAME FOR
THE RECORD. THE AMOUNT OF DISCUSSION, AS WELL AS THE AMOUNT OF TIME ANY SINGLE
SPEAKER IS ALLOWED, MAY BE LIMITED
5.
FOR POSSIBLE ACTION TO APPROVE THE FINAL MINUTES FOR THE PLANNING COMMISSION MEETING
OF DECEMBER 13, 2016.
6.
FOR POSSIBLE ACTION - Any Items from the Planning Commission, staff and/or the applicant wish to be stricken or
held in abeyance to a future meeting may be brought forward and acted upon at this time.
CONSENT ITEMS:
CONSENT ITEMS ARE CONSIDERED ROUTINE BY THE PLANNING COMMISSION AND MAY BE ENACTED BY ONE
MOTION. HOWEVER, ANY ITEM MAY BE DISCUSSED IF A COMMISSION MEMBER OR APPLICANT SO DESIRES.
8.
ABEYANCE - TMP-67366 - TENTATIVE MAP RELATED TO WVR-67425 - SKYE CANYON PARCEL 2.28 PUBLIC HEARING - APPLICANT: NINETY FIVE MANAGEMENT, LLC - OWNER: SECTION 12, LLC - For
possible action on a request for a Tentative Map FOR A 100-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION on
22.60 acres at the northwest corner of Grand Teton Drive and Skye Village Road (APN portion of 126-12-000-001), T-D
(Traditional Development) Zone, [ML (Residential Medium-Low) Skye Canyon Special Land Use Designation], Ward 6
(Ross) [PRJ-67365]. Staff recommends APPROVAL.
9.
TMP-67889 - TENTATIVE MAP - EDMOND TOWN CENTER (A COMMERCIAL SUBDIVISION) APPLICANT/OWNER: DEVARIM 18, LLC AND UNITED CAPITAL INVESTMENTS, LLC - For possible action
on a request for a Tentative Map FOR A ONE-LOT COMMERCIAL SUBDIVISION on 21.77 acres located on the south
side of Owens Avenue, between H Street and J Street (APNs 139-28-503-014 and 025), C-1 (Limited Commercial) Zone,
Ward 5 (Barlow) [PRJ-67857]. Staff recommends APPROVAL.
10.
GPA-67898 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT: MURPHY OIL, USA OWNER: LVG #5, LLC - For possible action on a request for a General Plan Amendment FROM: SC (SERVICE
COMMERCIAL) TO: MXU (MIXED USE) on 0.13 acres on the south side of Charleston Boulevard, approximately 105
feet east of Jones Boulevard (APN 163-01-102-037), Ward 1 (Tarkanian) [PRJ-67307]. Staff recommends APPROVAL.
11.
12.
SDR-67899 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-67898 AND SUP-67953 - PUBLIC
HEARING - APPLICANT: MURPHY OIL, USA - OWNER: LVG #5, 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 ALLOW A BUILDING TO NOT BE
ORIENTED TO THE CORNER AND STREET FRONTAGES WHERE SUCH IS REQUIRED on a 0.79-acre portion of
a 2.55-acre site at the southeast corner of Charleston Boulevard and Jones Boulevard (APNs 163-01-102-001, 002, 007
and 037), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ-67307]. Staff recommends APPROVAL.
13.
VAC-68131 - VACATION RELATED TO GPA-67898, SUP-67953 AND SDR-67899 - PUBLIC HEARING APPLICANT: MURPHY OIL, USA - OWNER: LVG #5, LLC - For possible action on a request for a Petition to
Vacate a portion of a 10-foot wide public drainage easement on the south side of Charleston Boulevard, approximately
105 feet east of Jones Boulevard, Ward 1 (Tarkanian) [PRJ-67307]. Staff recommends APPROVAL.
14.
TMP-67900 - TENTATIVE MAP RELATED TO GPA-67898, SUP-67953, SDR-67899 AND VAC-68131 MURPHY EXPRESS (A COMMERCIAL SUBDIVISION) - PUBLIC HEARING - APPLICANT: MURPHY OIL,
USA - OWNER: LVG #5, LLC - For possible action on a request for a Tentative Map FOR A ONE-LOT
COMMERCIAL SUBDIVISION on 2.55 acres at the southeast corner of Charleston Boulevard and Jones Boulevard
(APNs 163-01-102-001, 002, 007 and 037), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ-67307]. Staff
recommends APPROVAL.
Planning Commission January 10, 2017 - Page 3
15.
GPA-67913 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: LAS VEGAS CLARK COUNTY LIBRARY DISTRICT - For possible action on a request for a General Plan Amendment FROM: M
(MEDIUM DENSITY RESIDENTIAL) TO: PF (PUBLIC FACILITIES) on 8.34 acres at the southeast corner of Bonanza
Road and 28th Street (APNs 139-36-110-031 and 032), Ward 3 (Coffin) [PRJ-67836]. Staff recommends APPROVAL.
16.
17.
SDR-67915 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-67913 AND ZON-67914 - PUBLIC
HEARING - APPLICANT/OWNER: LAS VEGAS - CLARK COUNTY LIBRARY DISTRICT - For possible action
on a request for a Site Development Plan Review FOR A PROPOSED 39,898 SQUARE-FOOT LIBRARY on a portion of
8.34 acres at the southeast corner of Bonanza Road and 28th Street (APNs 139-36-110-031 and 032), R-3 (Medium
Density Residential) Zone [PROPOSED: C-V (Civic)], Ward 3 (Coffin) [PRJ-67836]. Staff recommends APPROVAL.
18.
19.
20.
SDR-67802 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-67800 AND VAR-67801 - PUBLIC
HEARING - APPLICANT/OWNER: PLEASANT GROVE BAPTIST CHURCH - For possible action on a request
for a Site Development Plan Review FOR A PROPOSED 1,991 SQUARE-FOOT EXPANSION TO AN EXISTING
CHURCH/HOUSE OF WORSHIP WITH A WAIVER TO ALLOW A ONE-FOOT PERIMETER LANDSCAPE
BUFFER ALONG PORTIONS OF THE EAST AND WEST PROPERTY LINES at 1176 Hassell Avenue (APNs 139-21610-127), R-2 (Medium-Low Density Residential) Zone, Ward 5 (Barlow) [PRJ-67656]. Staff recommends APPROVAL.
21.
22.
23.
24.
SDR-67888 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-67886 - PUBLIC HEARING APPLICANT/OWNER: ROBIN CAMACHO GROUP, LLC - For possible action on a request for a Site Development
Plan Review FOR A PROPOSED CONVERSION OF A SINGLE FAMILY DWELLING AND COMMERCIAL
BUILDING INTO A 3,173 SQUARE-FOOT LIQUOR ESTABLISHMENT (TAVERN) WITH A 3,936 SQUARE-FOOT
OUTDOOR SEATING AREA on 0.17 acres at 710 and 712 South 1st Street (APNs 139-34-310-016 and 017), C-M
(Commercial/Industrial) Zone, Ward 3 (Coffin) [PRJ-67778]. Staff recommends APPROVAL.
Planning Commission January 10, 2017 - Page 4
25.
SUP-67897 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: LASVEGAS.NET HOTEL OWNER: SIMCHA 260, LLC - For possible action on a request for a Special Use Permit FOR A 3,151 SQUAREFOOT TAVERN-LIMITED ESTABLISHMENT USE WITH 4,063 SQUARE FEET OF OUTDOOR SEATING AREA
at 2601 Westwood Drive (APN 162-09-102-005), M (Industrial) Zone, Ward 1 (Tarkanian) [PRJ-67742]. Staff
recommends APPROVAL.
26.
SDR-67901 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-67897 - PUBLIC HEARING APPLICANT: LASVEGAS.NET HOTEL - OWNER: SIMCHA 260, LLC - For possible action on a request for a Site
Development Plan Review FOR A PROPOSED 3,151 SQUARE-FOOT EXPANSION AND RENOVATION OF AN
EXISTING HOTEL BUILDING on 1.27 acres at 2601 Westwood Drive (APN 162-09-102-005), M (Industrial) Zone,
Ward 1 (Tarkanian) [PRJ-67742]. Staff recommends APPROVAL.
27.
SUP-67890 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: WIRELESS DOCTOR, LLC OWNER: TENAYA VILLAGE, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED
1,200 SQUARE-FOOT SECONDHAND DEALER USE at 7260 West Azure Drive, Suite #150 (APN 125-27-113-007),
T-C (Town Center) Zone [GC-TC (General Commercial - Town Center) Special Land Use Designation], Ward 6 (Ross)
[PRJ-67361]. Staff recommends APPROVAL.
28.
SUP-67912 - 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 RESTAURANT WITH
SERVICE BAR USE WITHIN AN EXISTING 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-67876]. Staff
recommends APPROVAL.
29.
31.
ABEYANCE - ZON-66465 - REZONING RELATED TO GPA-66464 - PUBLIC HEARING APPLICANT/OWNER: ALEXANDER & ESTHER WHITE LIVING TRUST - For possible action on a request for a
Rezoning FROM: U (UNDEVELOPED) ZONE [ML (MEDIUM LOW DENSITY RESIDENTIAL) GENERAL PLAN
DESIGNATION] TO: C-1 (LIMITED COMMERCIAL) Zone on 1.83 acres at the northeast corner of Gowan Road and
Durango Drive (APN 138-09-201-020), Ward 4 (Anthony) [PRJ-66413]. Staff recommends DENIAL.
32.
33.
ABEYANCE - ZON-66475 - REZONING RELATED TO GPA-66474 - PUBLIC HEARING APPLICANT/OWNER: ALEXANDER & ESTHER WHITE LIVING TRUST - For possible action on a request for a
Rezoning FROM: U (UNDEVELOPED) ZONE [ML (MEDIUM LOW DENSITY RESIDENTIAL) GENERAL PLAN
DESIGATION] TO: C-1 (LIMITED COMMERCIAL) Zone on 1.83 acres at the southeast corner of Gowan Road and
Durango Drive (APN 138-09-301-001), Ward 4 (Anthony) [PRJ-66414]. Staff recommends DENIAL.
34.
ZON-67938 - REZONING - PUBLIC HEARING - APPLICANT/OWNER: DEER SPRINGS VILLAGE, LLC For possible action on a request for a Rezoning FROM: R-E (RESIDENCE ESTATES) TO: C-1 (LIMITED
COMMERCIAL) on 0.36 acres on the north side of Clark County 215, approximately 360 feet east of Hualapai Way
(APN 125-19-301-010), Ward 6 (Ross) [PRJ-66309]. Staff recommends APPROVAL.
35.
36.
37.
ABEYANCE - RENOTIFICATION - SUP-66445 - SPECIAL USE PERMIT RELATED TO ZON-67938, VAR66443 AND SUP-66444 - PUBLIC HEARING - APPLICANT/OWNER: DEER SPRINGS VILLAGE, LLC - For
possible action on a request for a Special Use Permit FOR A 4,000 SQUARE-FOOT LIQUOR ESTABLISHMENT
(TAVERN) WITH A WAIVER TO ALLOW A 339-FOOT DISTANCE SEPARATION FROM A SCHOOL WHERE
1,500 FEET IS REQUIRED at the southeast corner of Deer Springs Way and Hualapai Way (APNs 125-19-301-001, 002
and 010), C-1 (Limited Commercial) and R-E (Residence Estates) Zones [PROPOSED: C-1 (Limited Commercial)], Ward
6 (Ross) [PRJ-66309]. Staff recommends DENIAL.
38.
ABEYANCE - RENOTIFICATION - SUP-66446 - SPECIAL USE PERMIT RELATED TO ZON-67938, VAR66443, SUP-66444 AND SUP-66445 - PUBLIC HEARING - APPLICANT/OWNER: DEER SPRINGS VILLAGE,
LLC - For possible action on a request for a Special Use Permit FOR A BEER/WINE/COOLER OFF-SALE
ESTABLISHMENT USE WITH A WAIVER TO ALLOW A 339-FOOT DISTANCE SEPARATION FROM A
SCHOOL WHERE 400 FEET IS REQUIRED at the southeast corner of Deer Springs Way and Hualapai Way (APNs
125-19-301-001, 002 and 010), C-1 (Limited Commercial) and R-E (Residence Estates) Zones [PROPOSED: C-1
(Limited Commercial)], Ward 6 (Ross) [PRJ-66309]. Staff recommends DENIAL.
39.
ABEYANCE - RENOTIFICATION - SDR-66447 - SITE DEVELOPMENT PLAN REVIEW RELATED TO ZON67938, VAR-66443, SUP-66444, SUP-66445 and SUP-66446 - PUBLIC HEARING - APPLICANT/OWNER: DEER
SPRINGS VILLAGE, LLC - For possible action on a request for a Site Development Plan Review FOR A PROPOSED
98,759 SQUARE-FOOT SHOPPING CENTER WITH WAIVERS TO ALLOW BUILDINGS TO NOT BE ORIENTED
TO THE CORNER AND STREET FRONTAGE WHERE SUCH IS REQUIRED, TO ALLOW A ZERO-FOOT
PERIMETER LANDSCAPE BUFFER ALONG A PORTION OF THE SOUTH PROPERTY LINE WHERE 15 FEET IS
REQUIRED, TO ALLOW A ZERO-FOOT LANDSCAPE BUFFER ALONG A PORTION OF THE EAST PROPERTY
LINE WHERE EIGHT FEET IS REQUIRED, AND TO ALLOW A CAR WASH BAY TO FACE PUBLIC RIGHT-OFWAY WHERE SUCH IS NOT ALLOWED on 9.63 acres at the southeast corner of Deer Springs Way and Hualapai Way
(APNs 125-19-301-001, 002 and 010), C-1 (Limited Commercial) and R-E (Residence Estates) Zones [PROPOSED: C-1
(Limited Commercial)], Ward 6 (Ross) [PRJ-66309]. Staff recommends DENIAL.
40.
41.
42.
43.
44.
45.
46.
47.
48.
VAR-67920 - VARIANCE RELATED TO GPA-67918 AND VAR-67919 - PUBLIC HEARING APPLICANT/OWNER: THE CONRAD ROGERS GROUP, INC. - For possible action on a request for a Variance
TO ALLOW A ZERO-FOOT SIDE YARD SETBACK WHERE 10 FEET IS REQUIRED on 2.74 acres on the west side
of Main Street, approximately 610 feet south of Washington Avenue (APNs 139-27-702-009, 012, 013 and 015), M
(Industrial) Zone, Ward 5 (Barlow) [PRJ-67234]. Staff recommends DENIAL.
49.
SDR-67921 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-67918, VAR-67919 AND VAR-67920 PUBLIC HEARING - APPLICANT/OWNER: THE CONRAD ROGERS GROUP, INC. - For possible action on a
request for a Site Development Plan Review FOR A PROPOSED 69,500 SQUARE-FOOT OFFICE AND WAREHOUSE
COMPLEX WITH A WAIVER TO ALLOW A ZERO-FOOT PERIMETER LANDSCAPE BUFFER ON PORTIONS
OF THE WEST PROPERTY LINE WHERE EIGHT FEET IS REQUIRED on 2.74 acres on the west side of Main Street,
approximately 610 feet south of Washington Avenue (APNs 139-27-702-009, 012, 013 and 015), M (Industrial) Zone,
Ward 5 (Barlow) [PRJ-67234]. Staff recommends DENIAL.
50.
TMP-67922 - TENTATIVE MAP RELATED TO GPA-67918, VAR-67919, VAR-67920 AND SDR-67921 DOWNTOWN BUSINESS PARK - PUBLIC HEARING - APPLICANT/OWNER: THE CONRAD ROGERS
GROUP, INC. - For possible action on a request for a Tentative Map FOR A PROPOSED ONE-LOT COMMERCIAL
SUBDIVISION on 2.74 acres on the west side of Main Street, approximately 610 feet south of Washington Avenue
(APNs 139-27-702-009, 012, 013 and 015), M (Industrial) Zone, Ward 5 (Barlow) [PRJ-67234]. Staff recommends
APPROVAL.
51.
52.
53.
54.
SDR-67795 - SITE DEVELOPMENT PLAN REVIEW RELATED TO ZON-67798 AND SUP-67799 - PUBLIC
HEARING - APPLICANT/OWNER: ALEENE F. BECKER TRUST - For possible action on a request for a Site
Development Plan Review FOR A PROPOSED AUTO DEALER INVENTORY STORAGE USE WITH WAIVERS OF
THE LANDSCAPE BUFFER REQUIREMENT TO ALLOW A SEVEN-FOOT LANDSCAPE BUFFER ALONG THE
NORTH PERIMETER AND A SIX-FOOT LANDSCAPE BUFFER ALONG THE SOUTH PERIMETER WHERE
EIGHT FEET IS REQUIRED; TO ALLOW A 14-FOOT LANDSCAPE BUFFER ALONG THE EAST PERIMETER
AND A NINE-FOOT LANDSCAPE BUFFER ALONG THE WEST PERIMETER WHERE 15 FEET IS REQUIRED;
AND A WAIVER TO ALLOW THE USE TO BE LOCATED ON A 60-FOOT LOCAL STREET WHERE A 100-FOOT
PRIMARY OR SECONDARY THOROUGHFARE IS REQUIRED on 1.76 acres at 2353, 2363, 2383, and 2393 Potosi
Street (APNs 163-01-804-001 through 004), P-R (Professional Office and Parking) Zone [PROPOSED: C-1 (Limited
Commercial)], Ward 1 (Tarkanian) [PRJ-67396]. Staff recommends DENIAL.
55.
VAR-67606 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: MIHAI PAUN - For possible action on a
request for a Variance TO ALLOW A 11-FOOT FRONT YARD SETBACK WHERE 18 FEET IS REQUIRED FOR AN
EXISTING CARPORT at 4000 Red Pony Court (APN 140-31-511-009), R-CL (Single-Family Compact-Lot) Zone, Ward
3 (Coffin) [PRJ-65724]. Staff recommends DENIAL.
56.
VAR-67837 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: GARY L BOYTER LIVING TRUST For possible action on a request for a Variance TO ALLOW A ZERO-FOOT SIDE YARD SETBACK WHERE THREE
FEET IS REQUIRED; A FOUR-FOOT FRONT YARD SETBACK WHERE 20 FEET IS REQUIRED; A THREE-FOOT
DISTANCE SEPARATION FROM THE MAIN BUILDING WHERE SIX FEET IS REQUIRED; TO ALLOW AN
ACCESSORY STRUCTURE THAT IS NOT AESTHETICALLY COMPATIBLE WITH THE PRINCIPAL
DWELLING AND TO ALLOW AN ACCESSORY STRUCTURE IN FRONT OF THE PRIMARY STRUCTURE FOR
AN EXISTING 324 SQUARE-FOOT ACCESSORY STRUCTURE (CLASS II) [CARPORT] on 0.14 acres at 2725
Merritt Avenue (APN 162-08-511-055), R-1 (Single Family Residential) Zone, Ward 1 (Tarkanian) [PRJ-67651]. Staff
recommends DENIAL.
57.
SUP-67830 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: YVETTE CHAPPEL - OWNER:
5831 W CRAIG, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED 1,337 SQUAREFOOT MASSAGE ESTABLISHMENT WITH A WAIVER TO ALLOW A ZERO-FOOT DISTANCE SEPARATION
FROM A RESIDENTIALLY ZONED PARCEL WHERE 400 FEET IS THE MINIMUM DISTANCE REQUIRED at
5803 West Craig Road, Suite #101 (APN 138-01-312-002), C-1 (Limited Commercial) Zone, Ward 5 (Barlow) [PRJ67401]. Staff recommends DENIAL.
58.
SUP-67911 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: THORIN ROGERS - For
possible action on a request for a Special Use Permit FOR A PROPOSED SHORT-TERM RESIDENTIAL RENTAL
USE WITH A WAIVER TO ALLOW A ZERO-FOOT DISTANCE SEPARATION FROM A SIMILAR USE WHERE
660 FEET IS REQUIRED at 549 East St. Louis Avenue (APN 162-03-315-020), R-1 (Single Family Residential) Zone,
Ward 3 (Coffin) [PRJ-67840]. Staff recommends DENIAL.
59.
DIRECTOR'S BUSINESS:
60.
ABEYANCE - Discussion for possible action to receive a presentation regarding the development and implementation of
non-urban streetscape standards and provide direction to staff on matters related thereto.
61.
TXT-68157 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS - For
possible action on a request to update the Downtown Centennial Plan to replace the current permitted use table for the 18b
The Las Vegas Arts District with a reference to the permitted uses tables in LVMC Title 19 and provide for other related
matters. Staff has NO RECOMMENDATION.
62.
DIR-68364 - DIRECTOR'S BUSINESS - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS For discussion and possible action on a request for the appointment of new members to the Downtown Design Review
Committee. Staff has NO RECOMMENDATION.
CITIZENS PARTICIPATION:
63.
CITIZENS PARTICIPATION: PUBLIC COMMENT DURING THIS PORTION OF THE AGENDA MUST BE
LIMITED TO MATTERS WITHIN THE JURISDICTION OF THE PLANNING COMMISSION. NO SUBJECT MAY
BE ACTED UPON BY THE PLANNING COMMISSION UNLESS THAT SUBJECT IS ON THE AGENDA AND IS
SCHEDULED FOR ACTION. IF YOU WISH TO BE HEARD, COME TO THE PODIUM AND GIVE YOUR NAME
FOR THE RECORD. THE AMOUNT OF DISCUSSION ON ANY SINGLE SUBJECT, AS WELL AS THE AMOUNT
OF TIME ANY SINGLE SPEAKER IS ALLOWED, MAY BE LIMITED
Discussion
SUBJECT:
ABEYANCE - WVR-67425 - WAIVER - PUBLIC HEARING - APPLICANT: NINETY FIVE
MANAGEMENT, LLC - OWNER: SECTION 12, LLC - For possible action on a request for a
Waiver TO ALLOW AN 84-FOOT INTERNAL INTERSECTION OFFSET WHERE 125 FEET
IS THE MINIMUM REQUIRED on 22.60 acres at the northwest corner of Grand Teton Drive
and Skye Village Road (APN portion of 126-12-000-001), T-D (Traditional Development) Zone,
[ML (Residential Medium-Low) Skye Canyon Special Land Use Designation], Ward 6 (Ross)
[PRJ-67365]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 2/15/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - WVR-67425 and TMP-67366 [PRJ-67365]
2. Conditions and Staff Report - WVR-67425 and TMP-67366 [PRJ-67365]
3. Supporting Documentation - WVR-67425 and TMP-67366 [PRJ-67365]
4. Photo(s) - WVR-67425 and TMP-67366 [PRJ-67365]
5. Justification Letter - WVR-67425 and TMP-67366 [PRJ-67365]
6. Support Comments for WVR-67425 [PRJ-67365] and Protest/Support Postcards for WVR67425 and TMP-67366 [PRJ-67365]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
WVR-67425
TMP-67366
RECOMMENDATION
Staff recommends APPROVAL, subject to conditions:
.
Staff recommends APPROVAL, subject to conditions:
REQUIRED FOR
APPROVAL
WVR-67425
** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
NOTICES MAILED
813
APPROVALS
PROTESTS
35
FS
** CONDITIONS **
WVR-67425 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.
TMP-67366 CONDITIONS
Planning
1.
Approval of the Tentative Map shall be for no more than four (4) years. If a Final
Map is not recorded on all or a portion of the area embraced by the Tentative Map
within four (4) years of the approval of the Tentative Map, this action is void.
2.
Street names must be provided in accordance with the Citys Street Naming
Regulations.
3.
A fully operational fire protection system, including fire apparatus roads, fire
hydrants and water supply, shall be installed and shall be functioning prior to
construction of any combustible structures.
FS
4.
In conjunction with creation, declaration and recordation of the subject commoninterest community, and prior to recordation of the Covenants, Codes and
Restrictions (CC&R), or conveyance of any unit within the community, the
Developer is required to record a Declaration of Private Maintenance
Requirements (DPMR) as a covenant on all associated properties, and on behalf
of all current and future property owners. The DPMR is to include a listing of all
privately owned and/or maintained infrastructure improvements, along with
assignment of maintenance responsibility for each to the common interest
community or the respective individual property owners, and is to provide a brief
description of the required level of maintenance for privately maintained
components. The DPMR must be reviewed and approved by the City of Las Vegas
Department of Field Operations prior to recordation, and must include a statement
that all properties within the community are subject to assessment for all
associated costs should private maintenance obligations not be met, and the City
of Las Vegas be required to provide for said maintenance. Also, the CC&R are to
include a statement of obligation of compliance with the DPMR. Following
recordation, the Developer is to submit copies of the recorded DPMR and CC&R
documents to the City of Las Vegas Department of Field Operations.
5.
Public Works
6.
The Parent Phase Final Map for Skye Canyon Phase II, FMP-61563, shall record
prior to the recordation of the Final Map for this site to provide legal access.
7.
Private streets must be granted and labeled on the Final Map for this site as Public
Utility Easements (P.U.E.), Public Sewer Easements, and Public Drainage
Easements to be privately maintained by the Homeowner's Association.
8.
Per condition of approval #14 of the Skye Canyon II Parent Tentative Map (TMP65803), grant Pedestrian Access Easements for all sidewalks located outside of
the public street right of way by adding a note within the Owner's Certificate on
each Final Map to read, "A minimum 5-foot wide pedestrian walkway easement is
hereby granted overlying all sidewalks located in common areas abutting public
streets, where such sidewalks are not located within public street right of way,
together with the right of ingress thereto and egress therefrom these easements."
10. All landscaping and private improvements installed with this project shall be
situated and maintained so as to not create sight visibility obstructions for vehicular
traffic at all development access drives and abutting street intersections. Per
condition of approval # 19 of the Skye Canyon II Parent Tentative Map (TMP65803), landscaping within calculated Site Visibility Restriction Zones (SVRZs) will
be limited in height by the City Traffic Engineer.
11. Grant a 30-foot Public Sewer Easement on Common Lot O adjacent to Common
Element I. No structures, and no trees or vegetation taller than three feet, shall
be allowed within any Public Sewer Easements.
12. This site will be a part of Special Improvement District 609. Prior to the release of
a Final Map for recordation on this site, the property owner must contact the
Special Improvement District Section of the Department of Public Works (702229-2136) acknowledging a per lot assessment of all lots that will be created
through a Final Map for this site. The City shall prepare an apportionment report
following recordation of the Final Map.
13. A working sanitary sewer connection shall be in place prior to final inspection of
any units within this development. Full permanent improvements on all major
access streets, including all required landscaped areas between the perimeter wall
and adjacent public street, shall be constructed and accepted by the City prior to
issuance of any building permits beyond 50% of all units within this development.
All off-site improvements adjacent to this site, including all required landscaped
areas between the perimeter walls and adjacent public streets, shall be
constructed and accepted prior to issuance of building permits beyond 75%. The
above thresholds notwithstanding, all required improvements shall be constructed
in accordance with the approved Development Agreement.
14. 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
drainage ways 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.
FS
15. The approval of all Public Works related improvements shown on this Tentative
Map is in concept only. Specific design and construction details relating to size,
type and/or alignment of improvements, including but not limited to street, sewer
and drainage improvements, shall be resolved prior to approval of the construction
plans by the City. No deviations from adopted City Standards shall be allowed
unless specific written approval for such is received from the City Engineer prior to
the recordation of a Final Map or the approval of subdivision-related construction
plans, whichever may occur first. Approval of this Tentative Map does not
constitute approval of any deviations. If such approval cannot be obtained, a
revised Tentative Map must be submitted showing elimination of such deviations.
16. Comply with all applicable conditions of approval for the Sky Canyon II Parent
Tentative Map (TMP-65803) and any other site related actions
FS
** STAFF REPORT **
PROJECT DESCRIPTION
The request is for a 100-lot single family residential subdivision on 20.30 acres within
parcel 2.28 of the Skye Canyon Master Plan Area. A Waiver has been requested to
allow an internal intersection offset of 84 feet where is 125 feet is required.
ISSUES
The recordation of the Parent Final Map for Skye Canyon Phase II (FMP-61563) is
required prior to the recordation of any builder parcel final map.
This 100-lot residential development will be built to Skye Canyon R-1 (Single
Family Residential) standards in accordance with the approved Sky Canyon
Development Standards. Staff recommends approval of the Tentative Map request
ANALYSIS
The subject property is part of the Skye Canyon Master Plan Area, which is governed
by a Development Agreement between the Master Developer and the City of Las
Vegas, as well as the Skye Canyon Development Standards.
The Skye Canyon Land Use Plan designates the subject property as ML (Residential
Medium-Low), which allows up to 15 residential units per gross acre with an overall
average of 8.49 units per acre. The proposed density of 4.93 dwelling units per acre
falls within the maximum allowed. The dwelling units will be constructed to the Skye
Canyon R-1 (Single Family Residential) standard, which call for a single family
detached product with a minimum lot size of 4,500 square feet. All proposed lot sizes
are greater than 5,250 square feet, which exceeds the district minimum. As this site is
part of a master plan with its own improvement standards, it is not subject to Title 19.04
street section requirements; however, it must comply with the applicable Skye Canyon
street sections. The correct street sections have been depicted on the map in
accordance with the Skye Canyon Village Street and Trail Exhibit.
The submitted east/west cross section depicts maximum natural grade greater than two
percent across the site. Per the Skye Canyon Development Standards, retaining walls
with a maximum height of six feet (exterior) and eight feet (interior) are allowed along
the perimeter of the site. The cross sections are in compliance with these requirements.
FS
FINDINGS (WVR-67425)
The Department of Public Works has no objection to the proposed internal intersection
offset of 84 feet where 125 feet is required; therefore staff recommends approval of the
Waiver request.
FINDINGS (TMP-67366)
All Skye Canyon Development Standards and NRS 278 technical requirements
regarding tentative maps are satisfied. Therefore, staff recommends approval of the
subject tentative map with conditions.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a Resolution (R-176-2004) adopting
12/01/04
guidelines for development within the Kyle Canyon Gateway area
The City Council approved a request (GPA-9167) to amend a portion
of the Centennial Hills Sector Plan of the General Plan to change land
use designations from PCD (Planned Community Development), SC
01/18/06
(Service Commercial) and PF (Public Facilities) to TND (Traditional
Neighborhood Development) on 1,712 acres generally located north of
Grand Teton Drive, between Puli Road and Fort Apache Road. The
Planning Commission and staff recommended approval.
The City Council approved a request to amend the Master Plan of
Streets and Highways (MSH-21013) to select the Northern Alternative
Freeway/Expressway Alignment for Sheep Mountain Parkway and to
05/16/07
remove the Southern Alternative Freeway/Expressway Alignment from
the Master Plan of Streets and Highways. The Planning Commission
and staff recommended approval.
The City Council approved a Development Agreement (DIR-21605)
between Kyle Acquisition Group, LLC and the city of Las Vegas on
1,712 acres at the southwest corner of Fort Apache Road and
Moccasin Road for the development of the Kyle Canyon Master Plan.
05/16/07
The Planning Commission and staff recommended approval. In a
related item, the City Council voted to approve a Parks Agreement
between Kyle Acquisition Group, LLC and the city of Las Vegas. Staff
recommended approval.
FS
FS
FS
FS
FS
FS
Pre-Application Meeting
A pre-application meeting was held and general map submittal
10/13/16
requirements were discussed.
Field Check
10/31/16
Surrounding
Property
Existing Land
Use Per Title
19.12
Subject
Property
Undeveloped
North
Undeveloped
Planned or Special
Land Use
Designation
TND (Traditional
Neighborhood
Development)
TND (Traditional
Neighborhood
Development)
Existing Zoning
District
T-D (Traditional
Development)
T-D (Traditional
Development)
FS
Surrounding
Property
Existing Land
Use Per Title
19.12
South
Undeveloped
East
Undeveloped
West
Undeveloped
Planned or Special
Land Use
Designation
PCD (Planned
Community
Development)
TND (Traditional
Neighborhood
Development)
TND (Traditional
Neighborhood
Development)
Impact
Existing Zoning
District
PD (Planned
Development)
T-D (Traditional
Development)
T-D (Traditional
Development)
Compliance
Y
Compliance
Y
Compliance
Y
N/A
Notification N/A
N/A
19.04.040 Connectivity
Transportation Network Element
# Links
# Nodes
Internal Street
7
Intersection Internal
8
Cul-de-sac Terminus
2
Intersection External Street or Stub Terminus
1
Intersection Stub Terminus w/ Temporary Turn Around
1
Easements
Non-Vehicular Path - Unrestricted
0
Total
7.5
11
Required*
Provided
Connectivity Ratio (Links /
1.30
0.68
Nodes):
*The Skye Canyon Development Standards do not require compliance with Title 19.02
connectivity ratios; however, they are provided within this report as a comparison to
subdivisions within a standard zoning district.
FS
WVR-67425
WVR-67425
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Discussion
SUBJECT:
ABEYANCE - TMP-67366 - TENTATIVE MAP RELATED TO WVR-67425 - SKYE
CANYON PARCEL 2.28 - PUBLIC HEARING - APPLICANT: NINETY FIVE
MANAGEMENT, LLC - OWNER: SECTION 12, LLC - For possible action on a request for a
Tentative Map FOR A 100-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION on 22.60
acres at the northwest corner of Grand Teton Drive and Skye Village Road (APN portion of 12612-000-001), T-D (Traditional Development) Zone, [ML (Residential Medium-Low) Skye
Canyon Special Land Use Designation], Ward 6 (Ross) [PRJ-67365]. Staff recommends
APPROVAL.
MAY GO TO CITY COUNCIL ON 2/15/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 7 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Support Comments
TMP-67366
TMP-67366
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Discussion
SUBJECT:
TMP-67889 - TENTATIVE MAP - EDMOND TOWN CENTER (A COMMERCIAL
SUBDIVISION) - APPLICANT/OWNER: DEVARIM 18, LLC AND UNITED CAPITAL
INVESTMENTS, LLC - For possible action on a request for a Tentative Map FOR A ONE-LOT
COMMERCIAL SUBDIVISION on 21.77 acres located on the south side of Owens Avenue,
between H Street and J Street (APNs 139-28-503-014 and 025), C-1 (Limited Commercial)
Zone, Ward 5 (Barlow) [PRJ-67857]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 2/15/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
TMP-67889 [PRJ-67857]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
RECOMMENDATION
TMP-67889
REQUIRED FOR
APPROVAL
** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
NOTICES MAILED
N/A
APPROVALS
PROTESTS
N/A
JB
TMP-67889 [PRJ-67857]
Conditions Page One
January 10, 2017 - Planning Commission Meeting
** CONDITIONS **
TMP-67889 CONDITIONS
Planning
1.
Approval of the Tentative Map shall be for no more than four (4) years. If a Final
Map is not recorded on all or a portion of the area embraced by the Tentative Map
within four (4) years of the approval of the Tentative Map, this action is void.
2.
A note shall be added to the final map to provide perpetual common access and
parking to all driveways, drive aisles and parking spaces for all sites located within
the boundaries of the commercial subdivision.
3.
A fully operational fire protection system, including fire apparatus roads, fire
hydrants and water supply, shall be installed and shall be functioning prior to
construction of any combustible structures.
4.
Public Works
5.
Per Title 19.16.060.W.1, add a note to the Final Map stating All lots created by
this Final Map shall have perpetual, irrevocable common access rights to all
driveways servicing this overall site unless incompatible uses can be demonstrated
to the satisfaction of the City Engineer.
6.
The Final Map for this site shall include the commercial subdivision sewer note as
shown on this Tentative Map.
7.
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."
8.
The approval of all Public Works related improvements shown on this Tentative
Map is in concept only. Specific design and construction details relating to size,
type and/or alignment of improvements, including but not limited to street, sewer
and drainage improvements, shall be resolved prior to approval of the construction
plans by the City. No additional deviations from adopted City Standards shall be
allowed unless specific written approval for such is received from the City Engineer
prior to the recordation of a Final Map or the approval of subdivision related
construction plans, whichever may occur first. Approval of this Tentative Map does
not constitute approval of any deviations. If such approval cannot be obtained, a
revised Tentative Map must be submitted showing elimination of such deviations.
JB
TMP-67889 [PRJ-67857]
Staff Report Page One
January 10, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant requests approval of a Tentative Map for a one-lot commercial
subdivision on 21.77 acres located on the south side of Owens Avenue, between H
Street and J Street.
ISSUES
The subject site is developed; there are no proposed changes or additions to the
site.
The applicant has stated within the submitted justification letter that it intends to
create a one-lot commercial subdivision so that a record of survey can be done at a
later date to create separate ownership parcels on the site.
ANALYSIS
There is an existing 135,750 square-foot commercial development on the subject site.
All existing structures on the site meet the Title 19 requirements for the C-1 (Limited
Commercial) zoning district.
Access to the site is provided from one driveway off of Owens Avenue, J Street and H
Street. As the site is developed, all grading and drainage has already taken place and
will not be an issue. Site circulation is logical throughout the site and will be unaffected
by mapping. Parking and access is intended to be allowed across the site. A condition
of approval will require that common perpetual access and parking will be granted
across the entire proposed commercial subdivision.
Staff notes that north/south and east/west cross sections are not shown with this
Tentative Map submittal. However, since this property and all surrounding property is
developed or graded, no retaining walls are shown or anticipated as no changes are
proposed.
The map meets and complies with the Title 19 and NRS 278 requirements for a
Tentative Map; therefore, staff recommends approval with conditions. If denied, the
existing parcel would remain.
JB
TMP-67889 [PRJ-67857]
Staff Report Page Two
January 10, 2017 - Planning Commission Meeting
FINDINGS (TMP-67889)
All Title 19 zoning and NRS 278 and technical requirements regarding tentative maps
are satisfied. Therefore, staff recommends approval of the subject tentative map with
conditions.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a Rezoning (Z-0093-93) for reclassification
10/17/93
from R-3 (Medium Density Residential) to C-1 (Limited Commercial).
The Planning Commission recommended approval.
The Planning Commission approved a Building Elevation Review [Z04/28/94
0093-93(1)] for a proposed Commercial Shopping Center on this site
as part of a larger request. Staff recommended approval.
The Planning Commission approved a Site Development Plan Review
10/18/01
[Z-0093-93(2)] for a proposed 84,350 square-foot addition to an
existing retail center. Staff recommended approval.
The Planning Commission approved a Master Sign Plan (MSP-13599)
06/22/06
for a Commercial Shopping Center on 20.88 acres at 931 West Owens
Avenue. Staff recommended approval.
The Planning Department approved a request for a Minor Site
Development Plan Review (SDR-23782) to allow a proposed 80-foot
09/13/07
tall Wireless Communications Facility, Stealth at 921 West Owens
Avenue.
The City Council approved a Special Use Permit (SUP-29035) for a
proposed Beer/Wine/Cooler Off-Sale Establishment within a proposed
general retail store with Waivers to allow a 300-foot distance
09/03/08
separation where 400 feet is required from a church and to allow 150foot distance separation from a City Park where 400 foot is required at
1061 West Owens Avenue. The Planning Commission recommended
approval.
The City Council approved a Special Use Permit (SUP-29869) for a
proposed Retail establishment with Accessory Package Liquor OffSale and Waivers to allow a 300-foot distance separation where 400
11/05/08
feet is required from a Church and to allow a 150-foot distance
separation from a City Park where 400 feet is required at 1061 West
Owens Avenue. The Planning Commission and Staff recommended
approval.
JB
TMP-67889 [PRJ-67857]
Staff Report Page Three
January 10, 2017 - Planning Commission Meeting
Pre-Application Meeting
A pre-application conference was held with the applicant to discuss the
11/22/16
Tentative Map submittal requirements for a one-lot commercial
subdivision.
Neighborhood Meeting
A neighborhood meeting was not held, nor was one required.
Field Check
12/05/16
Staff conducted a routine field check and found the subject site to be a
well maintained commercial development.
JB
TMP-67889 [PRJ-67857]
Staff Report Page Four
January 10, 2017 - Planning Commission Meeting
Existing Land
Use Per Title
19.12
Planned or Special
Land Use
Designation
Subject
Property
Shopping Center
C (Commercial)
North
Shopping Center
C (Commercial)
Multi-Family
Residential
Multi-Family
Residential
Multi-Family
Residential
M (Medium Density
Residential)
H (High Density
Residential)
General Retail
C (Commercial)
Surrounding
Property
South
East
West
Single-Family
Residential
Undeveloped
L (Low Density
Residential) and C
(Commercial)
C (Commercial)
Existing Zoning
District
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)
R-3 (Medium Density
Residential)
R-5 (Apartments)
R-3 (Medium Density
Residential)
C-1 (Limited
Commercial)
R-1 (Single Family
Residential)
Compliance
Y
Compliance
Y
Compliance
N/A
Y
N/A
N/A
JB
TMP-67889 [PRJ-67857]
Staff Report Page Five
January 10, 2017 - Planning Commission Meeting
DEVELOPMENT STANDARDS
Street Name
Owens Avenue
Functional
Classification
of Street(s)
Primary Arterial
J Street
Local Street
H Street
Major Collector
Governing
Document
Master Plan of
Streets and
Highways
Title 13.12
Master Plan of
Streets and
Highways
Actual
Street Width
(Feet)
Compliance
with Street
Section
100
60
80
JB
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7777
7 77
A b A 77 7
A 7 77
7
7A 77
77 7 7b
A 7 777
7 7
b 7 7
7A 7b 7
77b
77
77b
7b
7A 7
A 7
7 7 77b
A 77 7 7
b 7
b 7 7
77 7
7A 74 7
b 7 7
A b A 7 77b
A 77 7 7
777 77
b 7
77
7A 7 4
A 77 7
b 7 7
777 77
b 777 7
A 7 7 77
7A 7 7
77 77?7?77 77 7 777777 7 77
77 7 777777
77777777777 777
77 77 4777 7b 77777
7 A 7 7
7 7
A 777 7777777
77 7 7 7
7 7 7
77 77
7 77
TMP-67889
b 7
7
7
7
77 7777 7 7
7 777 77
7 77
7 77
77
TMP-67889 - REVISED
A 7 7 b b A 7 b
b A 7 b 7 A A
bA7
A 7 A
A 7 7 7b7 7
7 7 A A 7 777b b A
AA7 7 7 b
7b77777
77b
7b77777
7b77777A
TMP-67889
bA7
AA7 7 7 b
A 7 A 7A b A 7b b
7 7 777 7 777 7
A 77 7b
7 7 7777
7 7777 77 77777
7 A 77 77777777777
77777
777777
77777777777777 77
7 777777777777777
7 7777777 7 7 7 47 77
7777
7 7 77777
7 7 777777 7 77777 777
74777 7777 77777 7
7 777777 7 77 777777
7
7 7777
77 77777777777
7
4777 77b 777
77 777777 7 7
7777 777777777 7
7 7
77 7
7 7
777 7 77777777 77
77777 7777777777
77 7 7777 7
7 7
7777747777
77777
77
TMP-67889
A 7 47 7b 4
7 7
7 7 7 7 77777 7 7 7 4777 7
7 77777 777 77
7A 77 7A 7 7 7A 7 77 7 77
b 7 7777 7b 7777777b 7
7 7 77A 7 A 77
7b
b 77 777
7A 777 7b 7
7 7A 77777777
7 77 777 7777 777 7777777
7 777 7 777 777777777
7777 77 777777777
7777 77777777 77 77
7 777 777 7777 77 77777
777777777 7 7 7 777
77
7A 7 77 77777
7 7777777777477
7
7 7 7 47
7 7
TMP-67889
A 7 47 7b 4
TMP-67889 [PRJ-67857] - TENTATIVE MAP - APPLICANT/OWNER: DEVARIM 18, LLC AND UNITED CAPITAL
INVESTMENTS, LLC
SOUTH SIDE OF OWENS AVENUE, BETWEEN H STREET AND J STREET
12/05/16
TMP-67889 [PRJ-67857] - TENTATIVE MAP - APPLICANT/OWNER: DEVARIM 18, LLC AND UNITED CAPITAL
INVESTMENTS, LLC
SOUTH SIDE OF OWENS AVENUE, BETWEEN H STREET AND J STREET
12/05/16
TMP-67889 [PRJ-67857] - TENTATIVE MAP - APPLICANT/OWNER: DEVARIM 18, LLC AND UNITED CAPITAL
INVESTMENTS, LLC
SOUTH SIDE OF OWENS AVENUE, BETWEEN H STREET AND J STREET
12/05/16
TMP-67889 [PRJ-67857] - TENTATIVE MAP - APPLICANT/OWNER: DEVARIM 18, LLC AND UNITED CAPITAL
INVESTMENTS, LLC
SOUTH SIDE OF OWENS AVENUE, BETWEEN H STREET AND J STREET
12/05/16
TMP-67889 [PRJ-67857] - TENTATIVE MAP - APPLICANT/OWNER: DEVARIM 18, LLC AND UNITED CAPITAL
INVESTMENTS, LLC
SOUTH SIDE OF OWENS AVENUE, BETWEEN H STREET AND J STREET
12/05/16
TMP-67889 [PRJ-67857] - TENTATIVE MAP - APPLICANT/OWNER: DEVARIM 18, LLC AND UNITED CAPITAL
INVESTMENTS, LLC
SOUTH SIDE OF OWENS AVENUE, BETWEEN H STREET AND J STREET
12/05/16
7 77
b 7 7 77
7 7 7
A 7 A 7 A A 777777
7 7A 7
.A 77
b 777
77
7 7 7
7 7 7
7 7 7b 7A 77
7 77 7b
77777777777777
77 77777777b 77
7 777777777777
7 7 77 7 77 77777
7777
777777777777
777777777777 777
7 77
TMP-67889
Discussion
SUBJECT:
GPA-67898 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT:
MURPHY OIL, USA - OWNER: LVG #5, LLC - For possible action on a request for a General
Plan Amendment FROM: SC (SERVICE COMMERCIAL) TO: MXU (MIXED USE) on 0.13
acres on the south side of Charleston Boulevard, approximately 105 feet east of Jones Boulevard
(APN 163-01-102-037), Ward 1 (Tarkanian) [PRJ-67307]. Staff recommends APPROVAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - GPA-67898, SUP-67953, SDR-67899, VAC-68131 and TMP67900 [PRJ-67307]
3. Supporting Documentation - GPA-67898, SUP-67953, SDR-67899, VAC-68131 and TMP67900 [PRJ-67307]
4. Photo(s) - GPA-67898, SUP-67953, SDR-67899, VAC-68131 and TMP-67900 [PRJ-67307]
5. Justification Letter - GPA-67898, SUP-67953, SDR-67899, VAC-68131 and TMP-67900
[PRJ-67307]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
RECOMMENDATION
GPA-67898
SUP-67953
SDR-67899
VAC-68131
TMP-67900
REQUIRED FOR
APPROVAL
GPA-67898
GPA-67898
SUP-67953
GPA-67898
SUP-67953
SDR-67899
GPA-67898
SUP-67953
SDR-67899
** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
NOTICES MAILED
377 - GPA-67898
395 - SUP-67953 and SDR-67899
5 - VAC-68131
395 - TMP-67900
APPROVALS
0 - GPA-67898
0 - SUP-67953 and SDR-67899
0 - VAC-68131
0 - TMP-67900
PROTESTS
0 - GPA-67898
0 - SUP-67953 and SDR-67899
0 - VAC-68131
1 - TMP-67900
SS
** CONDITIONS **
SUP-67953 CONDITIONS
Planning
1.
2.
3.
This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
4.
All necessary building permits shall be obtained and final inspections shall be
completed in compliance with Title 19 and all codes as required by the Department
of Building and Safety.
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit, as well as submitted as part of any business license
application.
6.
All City Code requirements and design standards of all City departments must be
satisfied, except as modified herein.
SDR-67899 CONDITIONS
Planning
1.
2.
This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
SS
3.
All development shall be in conformance with the site plan and landscape plan,
date stamped 12/13/16 and building elevations, date stamped 11/23/16, except as
amended by conditions herein.
4.
5.
An Exception from Title 19.08.110 is hereby approved, to allow two parking lot
trees where three parking lot trees are required.
6.
All necessary building permits shall be obtained and final inspections shall be
completed in compliance with Title 19 and all codes as required by the Department
of Building and Safety.
7.
These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit.
8.
The applicant shall coordinate with the City Surveyor and other city staff to
determine the most appropriate mapping action necessary to consolidate the
existing lots. The mapping action shall be completed and recorded prior to the
issuance of any building permits.
9.
10.
A fully operational fire protection system, including fire apparatus roads, fire
hydrants and water supply, shall be installed and shall be functioning prior to
construction of any combustible structures.
11.
All City Code requirements and design standards of all City Departments must be
satisfied, except as modified herein.
SS
Public Works
12. Correct all Americans with Disabilities Act (ADA) deficiencies on the sidewalks
adjacent to this site in accordance with code requirements of Title 13.56.040, if
any, to the satisfaction of the City Engineer concurrent with development of this
site.
13. Obtain an Occupancy Permit from the Nevada Department of Transportation
(NDOT) for all driveways or other private improvements, if any, in the Charleston
Boulevard and Jones Boulevard public rights-of-way adjacent to this site prior to
constructing any improvements within NDOT jurisdiction.
14. Unless otherwise allowed by the City Engineer, construct sidewalk on at least one
side of all access drives connecting this site to the adjacent public streets
concurrent with development of this site. The connecting sidewalk shall extend
from the sidewalk on the public street to the first intersection of the on-site roadway
network and shall be terminated on-site with a handicap ramp.
15. All private improvements and landscaping installed with this project shall be
situated and maintained so as to not create sight visibility obstructions for vehicular
traffic at all development access drives and abutting street intersections.
16. Contact the City Engineers Office at 702-229-6272 to coordinate the development
of this project with the West Charleston Bus Turnouts project, and any other
public improvement projects adjacent to this site.
Comply with the
recommendations of the City Engineer.
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-of-way requirements for bus turnouts adjacent
to this site, if any; dedicate all areas recommended by the approved Traffic Impact
Analysis. All additional rights of way required by Standard Drawing #201.1 for
exclusive right turn lanes and dual left turn lanes shall be dedicated prior to or
concurrent with the commencement of on site development activities unless
specifically noted as not required in the approved Traffic Impact Analysis. Phased
compliance will be allowed if recommended by the approved Traffic Impact
Analysis. No recommendation of the approved Traffic Impact Analysis, nor
compliance therewith, shall be deemed to modify or eliminate any condition of
approval imposed by the Planning Commission or the City Council on the
development of this site.
SS
18. A Drainage Plan and Technical Drainage Study must be submitted to and
approved by the Department of Public Works prior to the issuance of any building
or grading permits or submittal of any construction drawings, whichever may occur
first. Provide and improve all drainageways recommended in the approved
drainage plan/study. The developer of this site shall be responsible to construct
such neighborhood or local drainage facility improvements as are recommended
by the City of Las Vegas Neighborhood Drainage Studies and approved Drainage
Plan/Study concurrent with development of this site.
19. Comply with all applicable conditions of TMP-67900 and any other site related
actions.
VAC-68131 CONDITIONS
1.
The limits of this Petition of Vacation shall be the Public Drainage Easement
granted per Document #20031107:03839 and #20150504:02704.
2.
3.
All public improvements, if any, adjacent to and in conflict with this vacation
application are to be modified, as necessary, at the applicant's expense prior to the
recordation of an Order of Vacation.
4.
5.
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
SS
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 rightof-way or easement being vacated must be retained.
6.
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.
TMP-67900 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.
3.
The Final Map shall contain a note granting perpetual common access and parking
across the entire subdivision.
4.
A fully operational fire protection system, including fire apparatus roads, fire
hydrants and water supply, shall be installed and shall be functioning prior to
construction of any combustible structures.
5.
In conjunction with creation, declaration and recordation of the subject commoninterest community, and prior to recordation of the Covenants, Codes and
Restrictions (CC&R), or conveyance of any unit within the community, the
Developer is required to record a Declaration of Private Maintenance
Requirements (DPMR) as a covenant on all associated properties, and on behalf
of all current and future property owners. The DPMR is to include a listing of all
privately owned and/or maintained infrastructure improvements, along with
assignment of maintenance responsibility for each to the common interest
community or the respective individual property owners, and is to provide a brief
description of the required level of maintenance for privately maintained
components. The DPMR must be reviewed and approved by the City of Las Vegas
Department of Field Operations prior to recordation, and must include a statement
SS
that all properties within the community are subject to assessment for all
associated costs should private maintenance obligations not be met, and the City
of Las Vegas be required to provide for said maintenance. Also, the CC&R are to
include a statement of obligation of compliance with the DPMR. Following
recordation, the Developer is to submit copies of the recorded DPMR and CC&R
documents to the City of Las Vegas Department of Field Operations.
6.
7.
Per Title 19.16.060.W.1, add a note to the Final Map stating, All lots created by
this Final Map shall have perpetual, irrevocable common access rights to all
driveways servicing this overall site unless incompatible uses can be demonstrated
to the satisfaction of the City Engineer.
8.
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.
Onsite sewers are a common element privately owned and maintained per
the Conditions, Covenants, and Restrictions (CC&Rs) of this commercial
subdivision.
II. Onsite sewers are a common element privately owned and maintained per
the Joint Use Agreement of this commercial subdivision.
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."
10. Contact the City Engineers Office at 702-229-6272 to coordinate the development
of this project with the West Charleston Bus Turnouts Improvement project, and
any other public improvement projects adjacent to this site. Comply with the
recommendations of the City Engineer.
11. 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. The Drainage Study required
by SDR-67889 may be used to satisfy this condition.
SS
12. The approval of all Public Works related improvements shown on this Tentative
Map is in concept only. Specific design and construction details relating to size,
type and/or alignment of improvements, including but not limited to street, sewer
and drainage improvements, shall be resolved prior to approval of the construction
plans by the City. No additional deviations from adopted City Standards shall be
allowed unless specific written approval for such is received from the City Engineer
prior to the recordation of a Final Map or the approval of subdivision related
construction plans, whichever may occur first. Approval of this Tentative Map does
not constitute approval of any deviations. If such approval cannot be obtained, a
revised Tentative Map must be submitted showing elimination of such deviations.
13. Comply with all applicable conditions of approval for the Site Development Plan
Review SDR-67899 and any other site related actions.
SS
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting to combine the four existing parcels of land at the southeast
corner of Charleston and Jones into a commercial subdivision and construct a
convenience store with fuel pumps along the north property line. The existing business
school on the south portion of the site would remain.
ISSUES
ANALYSIS
All development is subject to the standards of LVMC Title 19. Tentative Maps are
subject to Title 19.16.050 and NRS requirements.
SS
The north side of this site contains an existing parking lot, which was created after a
building containing a Thriftshop and other retail uses was removed from that area. This
parking lot will be replaced by the proposed convenience store development. The
existing Business School on this site will remain. While this Site Development Plan
Review applies to the entire site, only the newly proposed development along the north
portion of the site is subject to current Unified Development Code requirements.
APN 163-01-102-037, which contains a paved drive aisle and public drainage
easement, is currently not a part of the Citys Redevelopment Area 2 (RDA2) and
therefore has a different General Plan Land Use designation (SC) than the other three
parcels associated with this site (MXU). Therefore, they cannot be mapped together
unless and until all parcels have the same General Plan designation and either APNs
163-01-102-001, 002 and 007 are removed from RDA2 or APN 163-01-102-037 is
added to RDA2. The applicant has opted to add APN 163-01-102-037 to RDA2 and
include it in the Site Development Plan Review and tentative map at this time.
According to the Citys Department of Economic and Urban Development, this can be
accomplished through an independent administrative process that may be authorized by
the Redevelopment Agency in January 2017. After the process is approved, staff will
be empowered to administratively determine whether the request to bring this parcel
into RDA2 is appropriate. If the parcel is added to RDA2, staff supports the request to
amend the General Plan to change the land use designation from SC (Service
Commercial) to MXU (Mixed Use), as these four parcels are part of the same
development and under the same ownership.
The public drainage easement on this same parcel (APN 163-01-102-037) is no longer
needed, as the parcel is expected to be combined with the adjacent three parcels to
form a commercial subdivision. Staff therefore recommends approval of the petition to
vacate the entire easement, rather than just the portion abutting the proposed retail
development. It is noted that no landscaping over three feet in height is allowed within a
public drainage easement. If the required drainage study determines that a new
easement is needed on all or a portion of this site, it will be required to be granted on
the future Final Map.
The proposed uses on this site are permitted in the C-1 (Limited Commercial) zoning
district. The Gaming Establishment, General Business Related use is permitted with
the approval of a Special Use Permit. A liquefied petroleum (LP) gas installation of 288
gallons or less is a conditional use in the C-1 District.
The Gaming Establishment, General Business Related use is defined by Title 19.18 as
A building or structure which is primarily used for some business other than gaming but
in which restricted gaming is permitted pursuant to Title 6. For purposes of the Special
Use Permit requirements of this Title, the term does not include a location that has
obtained and maintains current licensing and zoning approvals to sell alcoholic
beverages.
SS
The proposed use meets the definition, as the primary use of the proposed 1,400
square-foot building is as a General Retail Store, but will also house a number of slot
gaming machines. No alcoholic beverages can be sold at this location, as the use lies
within the nonwaivable separation distance from a protected use (Church/House of
Worship). Title 19.12 does not contain any Minimum Special Use Permit Requirements
pertaining to the Gaming Establishment, General Business-Related use.
The floor plan indicates that a total of six slot machines would be located just inside the
proposed entrance to the convenience store. The space is suitable for gaming
machines and the use is appropriate within a convenience store; however, Title 6.40
limits the number of gaming machines in this circumstance to four. The business
license for restricted gaming will specify this and any other limits to the operation.
The convenience store is proposed to be located on the interior of the lot. Title
19.08.040(B)(6) requires buildings on corner lots to be oriented to the corner and street
fronts. A waiver is requested to allow the building to be set back from the corner, which
would allow for two fuel canopies to be extended north and south of the building. Staff
recommends approval of the waiver, which would allow for vehicles to circulate around
the canopy, while the design allows for the canopy to be pushed as far to the street
frontages as it can while still allowing for perimeter access and parking in the rear.
A new eight-foot landscape buffer is proposed along the east property line. Trees within
the buffer are to be spaced no more than 20 feet apart. Six Chinese Pistache and
Chaste trees are proposed where eight trees are required. A condition of approval will
require two additional trees to be shown within this buffer on the technical landscape
plan. Likewise, one additional tree is required within the buffer along the north property
line outside of site visibility restriction zones in order to conform to UDC requirements.
Perimeter buffer widths are all in conformance with UDC requirements. One parking lot
landscape island and tree have been omitted to allow the convenience store portion of
the site to be self-parked. As the parking area is small (consisting of eight spaces) and
landscaping requirements in the east perimeter buffer will be met through conditions of
approval, staff supports the needed Exception.
The proposed tentative map is appropriate, as it will create a single legal lot with shared
access and parking throughout the subdivision. The convenience store site is intended
to be self-parked, providing eight parking spaces to correspond with the proposed 1,400
square-foot general retail building. The site will maintain conformance with Title 19, and
no variances are required as a result of parcel consolidation. Staff notes that northsouth and east-west cross sections are shown with this Tentative Map submittal.
However, since this property and all surrounding properties are graded or developed, no
retaining walls are shown or anticipated. An existing eight-foot CMU wall separates this
site from the adjacent multi-family residential development.
SS
FINDINGS (GPA-67898)
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.
2.
3.
4.
FINDINGS (SUP-67953)
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:
SS
1.
2.
The subject site is physically suitable for the type and intensity of land use
proposed.
The use will be restricted to an enclosed area as part of the primary General
Retail Store use on the site. No additional parking is generated by this use.
3.
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 Gaming Establishment, General Business Related use will be
subject to periodic business licensing review and inspections, thereby
safeguarding the public health, safety and welfare.
5.
The use meets all of the applicable conditions per Title 19.12.
The Gaming Establishment, General Business Related use does not have any
minimum Special Use Permit requirements per Title 19.12.
FINDINGS (SDR-67899)
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 consistent with the General Plan, this Title,
the Design Standards Manual, the Landscape, Wall and Buffer Standards,
and other duly-adopted city plans, policies and standards;
The proposed general retail development requires a waiver of building placement
and an exception of parking lot landscape requirements, both of which do not
affect the developments compatibility with adjacent development. Additional
trees need to be added along the north and east perimeter, which is addressed by
a condition of approval. Approval of a General Plan Amendment is contingent
upon APN 163-01-102-037 being added to Redevelopment Area 2, which staff
supports.
3.
4.
Building and landscape materials are appropriate for the area and for the
City;
Building materials include brick veneer exteriors with colored aluminum composite
panels for accents. Landscape materials include Chinese Pistache and Chaste
trees, with various drought-tolerant shrubs. These materials are appropriate for
this area of the city.
SS
5.
6.
Appropriate measures are taken to secure and protect the public health,
safety and general welfare.
Site development is subject to building permit review and inspections, thereby
protecting the public health, safety and welfare.
FINDINGS (VAC-68131)
The existing public drainage easement is no longer necessary, as the parcel on which it
is currently attached will be integrated into one commercial lot. Staff therefore
recommends approval. If the required drainage study determines that a new easement
is needed on all or a portion of this site, it will be required to be granted on the future
Final Map.
FINDINGS (TMP-67900)
The proposed Tentative Map is in conformance with all Title 19 and NRS requirements
for tentative maps and is not in conflict with any Title 19 zoning or development
standards. Staff therefore recommends approval, subject to conditions.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a request for a Rezoning (Z-0029-91) and
Plot Plan Review from R-E (Residence Estates), C-1 (Limited
Commercial) and C-2 (General Commercial) to C-1 (Limited
06/05/91
Commercial) for a proposed two-story office building located on the
southeast corner of Jones Boulevard and Charleston Boulevard. The
Planning Commission recommended approval of the request.
SS
Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
submittal requirements for a Site Development Plan Review for a
1,200 square-foot convenience store with LP gas installation and
07/27/16
Special Use Permit for a beer/wine/cooler off-sale establishment.
However, it was determined that the existence of a church within 400
feet of the site precluded a Special Use Permit (nonwaivable) from
being requested.
A pre-application meeting was held with the applicant to discuss
submittal requirements for a Site Development Plan Review and
Tentative Map. One of the subject parcels is not located within the
Redevelopment Area 2; the General Plan land use designation of this
10/13/16
parcel differs from the others. Remapping of the site into a single lot
will require a General Plan Amendment to ensure the land use
designation is uniform across all parcels. In addition, the citys
Redevelopment Agency would need to approve inclusion or exclusion
of parcels to or from Redevelopment Area 2.
A follow-up meeting was held to review the proposed Tentative Map
10/26/16
and discuss requirements for the General Plan Amendment on APN
163-01-102-037.
SS
Neighborhood Meeting
A neighborhood meeting was held at the West Charleston Library,
located at 6301 West Charleston Boulevard in Las Vegas. There were
two members of the public, five members of the development team
and one member each from the Department of Planning and the Ward
12/19/16
1 City Council office in attendance. No formal presentation was given.
The representatives answered general questions from neighbors as
they arrived and viewed the proposed plans. No one appeared to be
in opposition to the proposal.
Field Check
12/05/16
Surrounding
Property
Subject
Property
North
South
East
Existing Land
Use Per Title
19.12
Business School
Business School
(drive aisle)
General Retail
Store
Church/House of
Worship
General Retail
Store
Multi-Family
Residential
(Condominiums)
Planned or Special
Land Use
Designation
MXU (Mixed Use)
SC (Service
Commercial)
MXU (Mixed Use)
SC (Service
Commercial)
M (Medium Density
Residential)
Existing Zoning
District
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)
U (Undeveloped)
C-1 (Limited
Commercial)
R-3 (Medium Density
Residential)
SS
Surrounding
Property
West
Existing Land
Use Per Title
19.12
Restaurant
Outdoor Storage
General Retail
Store
Office, Other Than
Listed
Planned or Special
Land Use
Designation
Existing Zoning
District
SC (Service
Commercial)
C-1 (Limited
Commercial)
Compliance
N/A
Compliance
Y
Compliance
N/A
Y
N/A
Y
DEVELOPMENT STANDARDS
Pursuant to Title 19.08, the following standards apply:
Standard
Required/Allowed
Provided
Compliance
Min. Lot Size
N/A
112,820 SF
N/A
Min. Lot Width
100 Feet
210 Feet
Y
Min. Setbacks
Front
10 Feet
45 Feet
Y
Side
10 Feet
22 Feet
Y
Corner
10 Feet
24 Feet
Y
Rear
20 Feet
187 Feet
Y
Max. Lot Coverage
50 %
22 %
Y
Max. Building Height
N/A
19 Feet*
N/A
Screened, Gated, w/ a
Screened, Gated,
Trash Enclosure
Y
Roof or Trellis
Roofed
Mech. Equipment
Screened
Screened
Y
*Only pertains to the proposed structures. Existing business school is 30 feet in height.
SS
Existing Zoning
C-1 (Limited Commercial)
Proposed Zoning
no change proposed
General Plan
SC (Service Commercial)
MXU (Mixed Use)
Proposed General Plan
MXU (Mixed Use)
Permitted Density
N/A
Permitted Density
N/A
Permitted Density
N/A
Unlimited
Permitted Density
Unlimited
Units Allowed
N/A
Units Allowed
N/A
Units Allowed
N/A
Limited by area/height
Units Allowed
Limited by area/height
Compliance
By condition
N/A
By condition
Y
N
N
Y
N/A
Y
Y
Y
SS
Street Name
Functional
Classification
of Street(s)
Charleston Blvd
Primary Arterial
Jones Blvd
Primary Arterial
Governing
Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
104
100
Master Plan of
Streets and
Highways Map
Master Plan of
Streets and
Highways Map
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Use
General
Retail Store
Business
School
Gross Floor
Area or
Number of
Units
1,400 SF
15 staff
100 students
Required
Parking
Parking
HandiRatio
Regular
capped
1 space
per 175
SF GFA
1 space
per staff
member,
plus one
space
per 2
students
in class
at max
capacity
Loading
Spaces
1,400 SF
1 for less
than
10,000
SF GFA
Provided
Parking
HandiRegular
capped
Compliance
65
73
70
3
1
88
80
Y
Y
8
1
SS
Waivers
Requirement
Buildings on corner lots shall
be oriented to the corner and
street fronts
Request
To allow the proposed
convenience store to be set
back from the corner (fuel
canopy would occupy the
corner)
Exceptions
Requirement
Request
One 24 box shade tree per 6
uncovered parking spaces,
To allow 2 parking lot trees
plus one tree at the end of
where 3 are required
each parking row
Staff Recommendation
Approval
Staff Recommendation
Approval
SS
GPA-67898
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GPA-67898 [PRJ-67307] - GENERAL PLAN AMENDMENT RELATED TO SUP-67953, SDR-67899, VAC-68131 AND
TMP-67900 - APPLICANT: MURPHY OIL, USA - OWNER: LVG #5, LLC
SOUTHEAST CORNER OF CHARLESTON BOULEVARD AND JONES BOULEVARD
12/05/16
GPA-67898 [PRJ-67307] - GENERAL PLAN AMENDMENT RELATED TO SUP-67953, SDR-67899, VAC-68131 AND
TMP-67900 - APPLICANT: MURPHY OIL, USA - OWNER: LVG #5, LLC
SOUTHEAST CORNER OF CHARLESTON BOULEVARD AND JONES BOULEVARD
12/05/16
GPA-67898 [PRJ-67307] - GENERAL PLAN AMENDMENT RELATED TO SUP-67953, SDR-67899, VAC-68131 AND
TMP-67900 - APPLICANT: MURPHY OIL, USA - OWNER: LVG #5, LLC
SOUTHEAST CORNER OF CHARLESTON BOULEVARD AND JONES BOULEVARD
12/05/16
GPA-67898 [PRJ-67307] - GENERAL PLAN AMENDMENT RELATED TO SUP-67953, SDR-67899, VAC-68131 AND
TMP-67900 - APPLICANT: MURPHY OIL, USA - OWNER: LVG #5, LLC
SOUTHEAST CORNER OF CHARLESTON BOULEVARD AND JONES BOULEVARD
12/05/16
GPA-67898 [PRJ-67307] - GENERAL PLAN AMENDMENT RELATED TO SUP-67953, SDR-67899, VAC-68131 AND
TMP-67900 - APPLICANT: MURPHY OIL, USA - OWNER: LVG #5, LLC
SOUTHEAST CORNER OF CHARLESTON BOULEVARD AND JONES BOULEVARD
12/05/16
GPA-67898 [PRJ-67307] - GENERAL PLAN AMENDMENT RELATED TO SUP-67953, SDR-67899, VAC-68131 AND
TMP-67900 - APPLICANT: MURPHY OIL, USA - OWNER: LVG #5, LLC
SOUTHEAST CORNER OF CHARLESTON BOULEVARD AND JONES BOULEVARD
12/05/16
GPA-67898 [PRJ-67307] - GENERAL PLAN AMENDMENT RELATED TO SUP-67953, SDR-67899, VAC-68131 AND
TMP-67900 - APPLICANT: MURPHY OIL, USA - OWNER: LVG #5, LLC
SOUTHEAST CORNER OF CHARLESTON BOULEVARD AND JONES BOULEVARD
12/05/16
GPA-67898 [PRJ-67307] - GENERAL PLAN AMENDMENT RELATED TO SUP-67953, SDR-67899, VAC-68131 AND
TMP-67900 - APPLICANT: MURPHY OIL, USA - OWNER: LVG #5, LLC
SOUTHEAST CORNER OF CHARLESTON BOULEVARD AND JONES BOULEVARD
12/05/16
Discussion
SUBJECT:
SUP-67953 - SPECIAL USE PERMIT RELATED TO GPA-67898 - PUBLIC HEARING APPLICANT: MURPHY OIL, USA - OWNER: LVG #5, LLC - For possible action on a request
for a Special Use Permit FOR A GAMING ESTABLISHMENT, GENERAL BUSINESSRELATED USE at the southeast corner of Charleston Boulevard and Jones Boulevard (APNs
163-01-102-001, 002, 007 and 037), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ67307]. Staff recommends APPROVAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps - SUP-67953, SDR-67899 and TMP-67900 [PRJ-67307]
3. Supporting Documentation
SUP-67953
SUP-67953
Discussion
SUBJECT:
SDR-67899 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-67898 AND SUP67953 - PUBLIC HEARING - APPLICANT: MURPHY OIL, USA - OWNER: LVG #5, 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 ALLOW A BUILDING TO NOT BE ORIENTED TO THE
CORNER AND STREET FRONTAGES WHERE SUCH IS REQUIRED on a 0.79-acre portion
of a 2.55-acre site at the southeast corner of Charleston Boulevard and Jones Boulevard (APNs
163-01-102-001, 002, 007 and 037), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ67307]. Staff recommends APPROVAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
SDR-67899
SDR-67899
SDR 67899
Murphy Oil, USA
PM Peak Hour
162.78
16
10.16
13.51
2,604
163
216
36,778
2,942
Jones Boulevard
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)
32,760
2,621
This project will add approximately 2,604 trips per day on Charleston Blvd. and Jones Blvd. Currently, Charleston is at
about 70 percent of capacity and Jones is at about 74 percent of capacity. With this project, Charleston is expected to be
at about 75 percent of capacity and Jones to be at about 80 percent of capacity.
Based on Peak Hour use, this development will add into the area roughly 216 additional cars, or about seven every two
minutes.
Note that this report assumes all traffic from this development uses all named streets.
Discussion
SUBJECT:
VAC-68131 - VACATION RELATED TO GPA-67898, SUP-67953 AND SDR-67899 PUBLIC HEARING - APPLICANT: MURPHY OIL, USA - OWNER: LVG #5, LLC - For
possible action on a request for a Petition to Vacate a portion of a 10-foot wide public drainage
easement on the south side of Charleston Boulevard, approximately 105 feet east of Jones
Boulevard, Ward 1 (Tarkanian) [PRJ-67307]. Staff recommends APPROVAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
VAC-68131
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Discussion
SUBJECT:
TMP-67900 - TENTATIVE MAP RELATED TO GPA-67898, SUP-67953, SDR-67899 AND
VAC-68131 - MURPHY EXPRESS (A COMMERCIAL SUBDIVISION) - PUBLIC
HEARING - APPLICANT: MURPHY OIL, USA - OWNER: LVG #5, LLC - For possible
action on a request for a Tentative Map FOR A ONE-LOT COMMERCIAL SUBDIVISION on
2.55 acres at the southeast corner of Charleston Boulevard and Jones Boulevard (APNs 163-01102-001, 002, 007 and 037), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ-67307].
Staff recommends APPROVAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest Postcard
TMP-67900
TMP-67900
TMP-67900
TMP-67900 - REVISED
TMP-67900 - REVISED
TMP-67900
TMP-67900
Discussion
SUBJECT:
GPA-67913 - GENERAL PLAN AMENDMENT - PUBLIC HEARING APPLICANT/OWNER: LAS VEGAS - CLARK COUNTY LIBRARY DISTRICT - For
possible action on a request for a General Plan Amendment FROM: M (MEDIUM DENSITY
RESIDENTIAL) TO: PF (PUBLIC FACILITIES) on 8.34 acres at the southeast corner of
Bonanza Road and 28th Street (APNs 139-36-110-031 and 032), Ward 3 (Coffin) [PRJ-67836].
Staff recommends APPROVAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - GPA-67913, ZON-67914 and SDR-67915 [PRJ-67836]
3. Supporting Documentation - GPA-67913, ZON-67914 and SDR-67915 [PRJ-67836]
4. Photo(s) - GPA-67913, ZON-67914 and SDR-67915 [PRJ-67836]
5. Justification Letter - GPA-67913, ZON-67914 and SDR-67915 [PRJ-67836]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
RECOMMENDATION
GPA-67913
ZON-67914
SDR-67915
REQUIRED FOR
APPROVAL
GPA-67913
GPA-67913
ZON-67914
** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
42
NOTICES MAILED
APPROVALS
PROTESTS
NE
** CONDITIONS **
SDR-67915 CONDITIONS
Planning
1.
2.
This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
3.
All development shall be in conformance with the site plan, landscape plan, and
building elevations, date stamped 11/28/16, except as amended by conditions
herein.
4.
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.
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.
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.
10. All City Code requirements and design standards of all City Departments must be
satisfied, except as modified herein.
NE
Public Works
11. Dedicate a bus turn-out per Standard Drawing #234.1 and grant a Bus Shelter Pad
Easement to the Regional Transportation Commission per Standard Drawing
#234.2 prior to issuance of permits for this site. Construct the required bus turn-out
concurrent with on-site development activities.
12. Correct all American's with Disabilities Act (ADA) deficiencies on the sidewalks
adjacent to this site in accordance with code requirements of Title 13.56.040 to the
satisfaction of the City Engineer concurrent with development of this site.
13. 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.
14. A Traffic Impact Analysis or other information acceptable to the Traffic Engineering
Division must be submitted to and approved by the Department of Public Works
prior to the issuance of any building or grading permits.
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.
NE
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a General Plan Amendment, Rezoning, and a Site Development
Plan Review for a proposed 39,898 square-foot Library located on a portion of 8.34
acres on the southeast corner of Bonanza Road and 28th Street.
ISSUES
A General Plan Amendment is required to amend the Southeast Sector Plan from M
(Medium Density Residential) to PF (Public Facilities). Staff recommends approval of
this request.
A Rezoning application is required to change the zoning designation of the subject
site(s) from R-3 (Medium Density Residential) to C-V (Civic). Staff recommends
approval of this request.
A Site Development Plan Review is required to ensure compatibility of the
development with existing and planned development in the surrounding area. Staff
recommends approval of this application.
ANALYSIS
The subject site was a public housing project that has since been demolished, and
currently has a General Plan Designation of M (Medium Density Residential) and is
zoned R-3 (Medium Density Residential). The applicant has proposed to amend the
Southeast Sector of the General Plan from M (Medium Density Residential) to PF
(Public Facilities) with a zoning designation of C-V (Civic) in order to redevelop the site
into a public library. Staff supports this request as the proposed M (Medium Density
Residential) General Plan Designation and the C-V (Civic) zoning district are compatible
with the existing surrounding Multi-Family Residential and commercial land uses.
As described by Title 19.10, The purpose of the C-V District is to provide for the
continuation of existing public and quasi-public uses and for the development of new
schools, libraries, public parks, public flood control facilities, police, fire, electrical
transmission facilities, Water District and other public utility facilities. Proposed for the
subject site is a 39,898 square-foot public library that includes an outdoor plaza with
seating.
NE
The minimum development standards for property in the C-V (Civic) District shall be
established by the City Council in connection with the approval of a rezoning application
and shall be designed to ensure compatibility of the development with existing and
planned development in the surrounding area. These standards include:
1. Buildings and plazas within the C-V District shall be located at the front of the site
at the minimum setback line established by the approved site development plan
and should make a strong tie to the building lines of each street unless the
applicant can demonstrate by substantial and convincing evidence that to do so
would be infeasible.
The applicant has proposed the library building to be aligned along Bonanza
Road with a minimum setback of 24 feet. With the subject site essentially having
four street frontages, the applicant has proposed Bonanza Road as the primary
roadway for the building lines. Staff supports this request.
2. Pedestrian open spaces and plazas shall be integral to the overall design of the
proposed development and shall be located in areas of high pedestrian traffic in
such a manner to be convenient and readily accessible. Pedestrian open spaces
and plaza shall include without limitation benches, pergolas, landscape arbors,
artwork and landscape to sufficiently shade or soften the space.
The applicant has proposed a building that resembles the shape of the letter L,
allowing for the building to surround a plaza area adjacent to the main entrance.
The design of the plaza area includes pedestrian pathways that lead from the
bus stop adjacent to Bonanza Road, and 28 th Street. In addition, pedestrian
pathways also lead from the parking lot south of the library structure. The plaza
area includes outdoor seating with several benches and tables, and mature
shade trees.
3. Parking lots shall be located to the side or rear of buildings and away from the
street front and shall not be permitted on street corners unless the applicant can
demonstrate by substantial and convincing evidence that to do so would be
infeasible.
The subject site is fronted on four sides by roadways: Bonanza Road, 28th Street,
Walnut Avenue, and Wardelle Street making it impossible for the applicant to
NE
avoid having the parking lot on a street front. The primary parking lot is south of
the structure, with a small parking lot located on the east side of the library
structure.
In addition to the typical areas such as a computer lab and childrens and adult book
stacks that are often found in a library setting, the proposed floor plan depicts a multipurpose room, family activity space, and a multi-generational living room centrally
located amongst the adult, teen, and childrens book stacks. The proposed floor plan
provides appropriate and usable space for every generation.
The proposed elevations depict a white, modern building accented with grey cement
masonry units (CMUs), light grey metal doors, and dark grey columns and beams. For
added depth and dimension, brightly colored (purple, orange and blue) fabric canopy
covers have been provided for outdoor gathering areas and seating. The maximum
height of the proposed structure is 37 feet.
The applicant has proposed to preserve as many of the existing trees currently on-site
as possible by incorporating them into the courtyard and open space plan. The
proposed landscape plan demonstrates 35 trees for the perimeter landscape buffers, 28
trees in the parking lot areas, 25 trees in the courtyard and open areas, and the existing
18 trees in the southern portion of the subject site that is not being developed as part of
this project. In total, 106 trees are proposed for the subject site; of those, 21 of the trees
demonstrated on the landscape plan for the proposed library are those that exist on the
site today. Preserving these existing trees provide the proposed site established, large
shade trees that will directly benefit patrons as well as employees of the proposed
library.
In a report prepared by Public Works Traffic Division, it was estimated that the proposed
project will add approximately 2,244 trips per day on Bonanza Road and 28th Street.
Bonanza is currently at about 57 percent of capacity with 28th Street being at
approximately 12 percent of capacity. With the addition of the proposed project,
Bonanza Road is expected to be at about 61 percent of capacity, with 28th Street to be
at approximately 27 percent of capacity. Based on Peak Hour use, the proposed
development would add into the area roughly 291 additional vehicles every hour, or
about five vehicles every minute.
FINDINGS (GPA-67913)
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:
NE
1.
2.
3.
4.
FINDINGS (ZON-67914)
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.
NE
The uses which would be allowed on the subject property by approving the
rezoning will be compatible with the surrounding land uses and zoning
districts.
The purpose of the C-V District is to provide for the continuation of existing public
and quasi-public uses and for the development of new schools, libraries, public
parks, public flood control facilities, police, fire, electrical transmission facilities,
Water District and other public utility facilities. These uses are compatible with the
existing surrounding Multi-Family Residential.
3.
Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
The existing surrounding community is in need for a community resource such as
the proposed library.
4.
FINDINGS (SDR-67915)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E)
the Planning Commission and/or City Council must affirm the following:
1.
2.
The proposed development is consistent with the General Plan, this Title,
the Design Standards Manual, the Landscape, Wall and Buffer Standards,
and other duly-adopted city plans, policies and standards;
NE
With approval of the companion applications for a General Plan Amendment and
Rezoning, the proposed 39,898 library would be consistent with the General Plan
and Title 19. The proposal substantially conforms to the Title 19 requirements for
the proposed C-V (Civic) zoning district.
3.
4.
Building and landscape materials are appropriate for the area and for the
City;
The proposed building materials include cement plaster/stucco with a synthetic
topcoat over CMU (Concrete Masonry Unit) with an exposed honed finished CMU
(Concrete Masonry Unit) base for the exterior walls, and double insulated Low-E
glazing to be provided in a thermally broken aluminum glazing system. These are
appropriate materials for the City and the existing area.
Existing on the site today is a collection of mature pine trees the applicant has
incorporated into the proposed design landscape design for the site. The existing
pine trees will be part of a desert friendly plant palette appropriate for the area and
City.
5.
6.
Appropriate measures are taken to secure and protect the public health,
safety and general welfare.
Development of the site as proposed will require permit review and site
inspections to ensure the health, safety and general welfare of the public.
NE
Staff finds the proposed PF (Public Facilities) General Plan designation and associated
Rezoning application from R-3 (Medium Density Residential) to C-V (Civic) to be
compatible with the existing surrounding zoning districts, and the proposed library land use
to be also be compatible with existing surrounding land uses; therefore, staff is
recommending approving of these requests. If denied, the current land use designation of
M (Medium Density Residential) and R-3 (Medium Density Residential) zoning district will
remain, and the subject site will not be developed for a Library, Art Gallery or Museum
(Public) land use.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
There are no related relevant City Actions for the subject site(s).
Most Recent Change of Ownership
07/18/16
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
There are no related building permits or business licenses for the subject site(s).
Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
Month/date/year requirements for a General Plan Amendment, Rezoning, and Site
Development Plan Review were discussed.
Neighborhood Meeting
Meeting Start Time:
Meeting End Time:
Attendance:
12/20/16
6:00 p.m.
6:35 p.m.
3 members of the public appeared.
7 members of the development team.
1 Ward 3 Council Office staff member.
1 Department of Planning staff member.
Field Check
12/05/16
Surrounding
Property
Subject
Property
North
South
East
West
Existing Land
Use Per Title
19.12
Undeveloped
Social Service
Provider
Multi-Family
Residential
General Retail
Store, Other Than
Listed / Gaming
Establishment,
Restricted / Car
Wash, Full Service
/ Package Liquor
Off-Sale
Establishment
Multi-Family
Residential
Government
Facility
Multi-Family
Residential
Senior Citizen
Apartments
Multi-Family
Residential
Planned or Special
Land Use
Designation
M (Medium Density
Residential)
M (Medium Density
Residential)
ML (Medium Low
Density Residential)
PF (Public Facilities)
C-V (Civic)
M (Medium Density
Residential)
M (Medium Density
Residential)
Existing Zoning
District
Compliance
N/A
NE
Compliance
N/A
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to 19.10, the following standards apply:
Standard
Setbacks
Front
Side
Corner
Rear
Trash Enclosure
Mech. Equipment
Provided
24 Feet
125 Feet
120 Feet
134 Feet
By Condition
By Condition
19 Feet
10 Feet
19 Feet
48 Feet
NE
Street Name
Functional
Classification
of Street(s)
Bonanza Road
Primary Arterial
28th Street
Walnut Avenue
Wardelle Street
Local Street
Local Street
Local Street
Governing
Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
100
60
60
60
Y
Y
Y
Master Plan of
Streets & Highways
Title 13
Title 13
Title 13
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Use
Gross Floor
Area or
Number of
Units
Library, Art
Gallery or
Museum
(Public)
39,898 SF
Required
Parking
Parking
HandiRatio
Regular
capped
1:300
Provided
Parking
HandiRegular
capped
Compliance
133
133
128
137
132
Y
Y
NE
GPA-67913
GPA-67913
77
7
A 7
GPA-67913
7 7
77
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b7A
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7
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7
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GPA-67913 [PRJ-67836] - GENERAL PLAN AMENDMENT RELATED TO ZON-67914 AND SDR-67915 APPLICANT/OWNER: LAS VEGAS - CLARK COUNTY LIBRARY DISTRICT
SOUTHEAST CORNER OF BONANZA ROAD AND 28TH STREET
12/05/16
GPA-67913 [PRJ-67836] - GENERAL PLAN AMENDMENT RELATED TO ZON-67914 AND SDR-67915 APPLICANT/OWNER: LAS VEGAS - CLARK COUNTY LIBRARY DISTRICT
SOUTHEAST CORNER OF BONANZA ROAD AND 28TH STREET
12/05/16
GPA-67913 [PRJ-67836] - GENERAL PLAN AMENDMENT RELATED TO ZON-67914 AND SDR-67915 APPLICANT/OWNER: LAS VEGAS - CLARK COUNTY LIBRARY DISTRICT
SOUTHEAST CORNER OF BONANZA ROAD AND 28TH STREET
12/05/16
GPA-67913 [PRJ-67836] - GENERAL PLAN AMENDMENT RELATED TO ZON-67914 AND SDR-67915 APPLICANT/OWNER: LAS VEGAS - CLARK COUNTY LIBRARY DISTRICT
SOUTHEAST CORNER OF BONANZA ROAD AND 28TH STREET
12/05/16
GPA-67913 [PRJ-67836] - GENERAL PLAN AMENDMENT RELATED TO ZON-67914 AND SDR-67915 APPLICANT/OWNER: LAS VEGAS - CLARK COUNTY LIBRARY DISTRICT
SOUTHEAST CORNER OF BONANZA ROAD AND 28TH STREET
12/05/16
GPA-67913 [PRJ-67836] - GENERAL PLAN AMENDMENT RELATED TO ZON-67914 AND SDR-67915 APPLICANT/OWNER: LAS VEGAS - CLARK COUNTY LIBRARY DISTRICT
SOUTHEAST CORNER OF BONANZA ROAD AND 28TH STREET
12/05/16
GPA-67913 [PRJ-67836] - GENERAL PLAN AMENDMENT RELATED TO ZON-67914 AND SDR-67915 APPLICANT/OWNER: LAS VEGAS - CLARK COUNTY LIBRARY DISTRICT
SOUTHEAST CORNER OF BONANZA ROAD AND 28TH STREET
12/05/16
GPA-67913 [PRJ-67836] - GENERAL PLAN AMENDMENT RELATED TO ZON-67914 AND SDR-67915 APPLICANT/OWNER: LAS VEGAS - CLARK COUNTY LIBRARY DISTRICT
SOUTHEAST CORNER OF BONANZA ROAD AND 28TH STREET
12/05/16
GPA-67913 [PRJ-67836] - GENERAL PLAN AMENDMENT RELATED TO ZON-67914 AND SDR-67915 APPLICANT/OWNER: LAS VEGAS - CLARK COUNTY LIBRARY DISTRICT
SOUTHEAST CORNER OF BONANZA ROAD AND 28TH STREET
12/05/16
GPA-67913 [PRJ-67836] - GENERAL PLAN AMENDMENT RELATED TO ZON-67914 AND SDR-67915 APPLICANT/OWNER: LAS VEGAS - CLARK COUNTY LIBRARY DISTRICT
SOUTHEAST CORNER OF BONANZA ROAD AND 28TH STREET
12/05/16
Discussion
SUBJECT:
ZON-67914 - REZONING RELATED TO GPA-67913 - PUBLIC HEARING APPLICANT/OWNER: LAS VEGAS - CLARK COUNTY LIBRARY DISTRICT - For
possible action on a request for a Rezoning FROM: R-3 (MEDIUM DENSITY RESIDENTIAL)
TO: C-V (CIVIC) on 8.34 acres at the southeast corner of Bonanza Road and 28th Street (APNs
139-36-110-031 and 032), Ward 3 (Coffin) [PRJ-67836]. Staff recommends APPROVAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
ZON-67914
ZON-67914
77
A 7
ZON-67914
7 7
77
7A
b7A
A
77A7
77
7
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777
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Discussion
SUBJECT:
SDR-67915 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-67913 AND ZON67914 - PUBLIC HEARING - APPLICANT/OWNER: LAS VEGAS - CLARK COUNTY
LIBRARY DISTRICT - For possible action on a request for a Site Development Plan Review
FOR A PROPOSED 39,898 SQUARE-FOOT LIBRARY on a portion of 8.34 acres at the
southeast corner of Bonanza Road and 28th Street (APNs 139-36-110-031 and 032), R-3
(Medium Density Residential) Zone [PROPOSED: C-V (Civic)], Ward 3 (Coffin) [PRJ-67836].
Staff recommends APPROVAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
SDR-67915
SDR-67915
SDR 67915
Clark County Library District
56.24
LIBRARY [1000SF]
PM Peak Hour
39.898
1.04
7.30
2,244
41
291
28,781
2,302
28th Street
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)
1,925
154
This project will add approximately 2,244 trips per day on Bonanza Rd. and 28th St. Currently, Bonanza is at about 57
percent of capacity and 28th is at about 12 percent of capacity. With this project, Bonanza is expected to be at about 61
percent of capacity and 28th to be at about 27 percent of capacity.
Based on Peak Hour use, this development will add into the area roughly 291 additional cars, or about five every minute.
Note that this report assumes all traffic from this development uses all named streets.
Discussion
SUBJECT:
VAR-67801 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: PLEASANT
GROVE BAPTIST CHURCH - For possible action on a request for a Variance TO ALLOW A
FOUR-FOOT SIDE YARD SETBACK WHERE FIVE FEET IS THE MINIMUM REQUIRED
at 1176 Hassell Avenue (APN 139-21-610-127), R-2 (Medium-Low Density Residential) Zone,
Ward 5 (Barlow) [PRJ-67656]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 2/15/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-67801 and SDR-67802 [PRJ-67656]
2. Conditions and Staff Report - VAR-67801, SUP-67800 and SDR-67802 [PRJ-67656]
3. Supporting Documentation - VAR-67801, SUP-67800 and SDR-67802 [PRJ-67656]
4. Photo(s) - VAR-67801, SUP-67800 and SDR-67802 [PRJ-67656]
5. Justification Letter - VAR-67801, SUP-67800 and SDR-67802 [PRJ-67656]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-67801
SUP-67800
SDR-67802
REQUIRED FOR
APPROVAL
RECOMMENDATION
Staff
recommends
conditions:
Staff
recommends
conditions:
Staff
recommends
conditions:.
APPROVAL,
subject
to
APPROVAL,
subject
to
APPROVAL,
subject
to
VAR-67801
VAR-67801
SUP-67800
** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
10
NOTICES MAILED
APPROVALS
PROTESTS
FS
** CONDITIONS **
VAR-67801 CONDITIONS
Planning
1.
Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-67800), and Site Development Plan Review (SDR-67802) 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.
SUP-67800 CONDITIONS
Planning
1.
2.
Approval of and conformance to the Conditions of Approval for Variance (VAR67801) and Site Development Plan Review (SDR-67802) shall be required.
3.
FS
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.
SDR-67802 CONDITIONS
Planning
1.
Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-67800) and Variance (VAR-67801) 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 11/29/16, except as amended by conditions
herein.
4.
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.
FS
6.
These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit.
7.
8.
A fully operational fire protection system, including fire apparatus roads, fire
hydrants and water supply, shall be installed and shall be functioning prior to
construction of any combustible structures.
9.
All City Code requirements and design standards of all City Departments must be
satisfied, except as modified herein.
Public Works
10. Correct all American's with Disabilities Act (ADA) deficiencies on the sidewalks
adjacent to this site in accordance with code requirements of Title 13.56.040 to the
satisfaction of the City Engineer concurrent with development of this site. Remove
all substandard public street improvements and unused driveway cuts adjacent to
this site and replace with new improvements meeting current City Standards. Pan
style driveways may only remain if an ADA path is provided within the right-of-way
or with an associated public Pedestrian Access Easement.
11. 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.
FS
** STAFF REPORT **
PROJECT DESCRIPTION
The request is for a 1,991 square-foot expansion to an existing Church/House of Worship
located at 1189 Hassell Avenue. The proposed expansion will be located across the
street at 1176 Hassell Avenue and will house the churchs child care, pre-school, and
youth educational programs.
ISSUES
The existing nonconforming church was in operation prior to 1974, which predates the
current Special Use Permit requirement for a Church/House of Worship within the R-2
(Medium-Low Density Residential) zoning district.
A Special Use Permit is required to allow the expansion of the existing church at 1189
Hassell Avenue. The proposed 1,991 square-foot expansion will be located across the
street within a new building at 1176 Hassell Avenue.
The proposed Special Use Permit will alleviate the nonconforming status of the existing
Church/House of Worship, and will allow for the proposed 1,991 square-foot
expansion. Staff recommends approval of the requested Special Use Permit.
The applicant has stated within their justification letter that the intent is to use the
proposed expansion building for child care, pre-school, and youth educational
programs. It has been determined that these uses are permissible as ancillary to the
Church/House of Worship use.
The previous owner of the expansion parcel had installed a concrete slab to
accommodate a single family home within the required setback area. The planned
home was not built.
On the expansion site, a Variance has been requested to allow a four-foot side yard
setback where five feet is the minimum required along the west property line. Staff
recommends approval of the request.
On the expansion site, landscape waivers have been requested along the east and
west property lines to allow a one-foot perimeter landscape buffer where five feet is the
minimum required, and to allow a total of six perimeter trees where 14 are required.
Staff recommends approval of the request.
ANALYSIS
City records indicate that the existing Church/House of Worship at 1189 Hassell Avenue
has been in operation since prior to 1974, and it is considered a legally non-conforming
FS
use within the R-2 (Medium-Low Density Residential) zoning district. With approval of the
related Special Use Permit, the nonconformance will be alleviated as the site will be
associated with an approved Special Use Permit as required by Title 19.12. The existing
3,592 square-foot church receives access via drives from both Hassell and Hart Avenues,
and there are 46 on-site parking spaces where 32 are required. The applicant is
proposing no changes to the existing site. The existing church facility is considered the
primary use, and the proposed building expansion and associated uses are considered
ancillary to the primary use.
The proposed 1,991 square-foot church expansion will be located across the street from
the primary use at 1176 Hassell Street. The area of the subject site is 5,400 square-feet
where 6,500 square feet is the minimum allowed in the R-2 (Medium-Low Density
Residential) zoning district. This minimum lot size standard did not exist when the lot was
mapped in 1929, and the lot is considered legally nonconforming.
The expansion site is currently developed with a building slab for a residential house that
was never constructed. City records indicate that a civil improvement plan (#11084) for a
single family residence was approved in 2007, but no building permits were issued. The
applicant subsequently obtained ownership of the subject site in 2010.
The applicant intends to build a 1,991 square-foot building on the existing slab in order to
spare the expense of redeveloping the site in its entirety. The existing slab is four feet
from the west property line where five feet is required and a Variance has been requested
to provide relief from this requirement. Staff recommends approval of the Variance due to
the narrow lot width and existing location of the previously installed building slab (see
Variance Findings). The site will not have vehicular access from the public street, and
there are no additional parking requirements for the ancillary uses proposed with the
expansion.
The landscape plan depicts a 15-foot landscape buffer area along the front property line,
and an eight-foot buffer area along the rear property line as required by Title 19.08.
Typically, commercial development requires a minimum of eight feet of perimeter
landscape buffering on interior lot lines when adjacent to residential, but in cases where
the building setback is more restrictive, buffering is only required to the setback line. The
side-yard building setback in the R-2 (Medium-Low Density Residential) zoning district is
five feet, which is the required buffer width along the east and west property lines. The
landscape plan indicates a buffer area of one-foot along portions of the east and west
property lines where five feet is required, and a waiver for a reduction of perimeter
landscaping along portions of the east and west (side) property lines has been requested.
The narrow 40-foot lot width does not allow for both landscaping and access to the side
and rear portions of the structure where the buildings entry and exit points are located. A
concrete walk is proposed along portions of the side property lines, which eliminate the
possibility of landscaping in these areas. Staff recommends approval of the request given
FS
the existing site constraints and need to provide reasonable access to the buildings
expected entry and exit points.
The 20-foot front perimeter landscape buffer area is planted with two 24-inch box Mondale
Pines along with five gallon Oleanders and crushed stone groundcover as required by Title
19.08. Along the rear property line, zero trees are depicted, and a condition of approval
has been included to ensure that two additional 24-inch box trees are installed along this
property line as required by Title 19.08. Due to the aforementioned side-yard constraints,
three 24-inch box perimeter trees will be installed towards the rear portion of the lot where
seven trees are required. The deficiency of required trees has been included with the
perimeter landscape waiver request.
The building elevations depict a 16-foot tall building with an exterior constructed of stucco
with a pitched concrete tile roof. The design of the structure is generally consistent with
that of a single family residence, which allows the commercial use to blend in with the
surrounding neighborhood.
The subject site is located within the West Las Vegas Special Area Plan and Las Vegas
Redevelopment Plan Area. The proposed development constitutes an infill project that will
rehabilitate a blighted parcel abandoned by the previous owner in a partially built-out state.
The building elevations depict a structure that will blend in with the existing neighborhood,
and the proposed uses will bring additional child and educational services to the West Las
Vegas area. While the applicant has requested a perimeter landscape waiver and a
companion setback Variance, staff believes that these requests are acceptable given the
site constraints associated with this narrow, partially built-out lot. Staff recommends
approval of the Site Development Plan Review and the requested perimeter landscaping
waivers.
The establishment or expansion of the Church/House of Worship use is permitted in the R2 (Medium-Low Density Residential) zoning district with the approval of a Special Use
Permit. 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 Minimum Special Use Permit Requirements for this use include:
FS
1. The Special Use Permit approval may include such activities as religious services,
religious instruction, church club activities and similar activities.
The existing Church/House of Worship currently conducts regular religious
services, and the approval of the requested Special Use Permit will allow use to
be conforming with the R-2 (Medium-Low Density Residential) zoning district.
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.
The request is for the approval of an existing Church/House of Worship with
ancillary child care, youth educational programs, preschool courses and related
activities. The proposed ancillary uses will be conducted within a proposed
building across the street from the primary worship center. Within the submitted
justification letter, the applicant had specifically requested that these uses be
permitted as accessory functions. The Director has determined that these
activities are permissible as ancillary uses to the primary use.
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
If any uses other than child care, youth educational programs and preschool
courses are proposed at a later date, the applicant will need to submit for a new
Special Use Permit application to add the new uses.
4. In residential districts, related uses such as thrift shops, 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 in which such uses are permitted as primary uses, and must receive
specific approval to operate.
The site is zoned R-2 (Medium-Low Density Residential) and uses such as thrift
shops, homeless shelters and other similar activities have not been requested nor
will they be allowed within the current zoning classification.
FS
5. Churches on sites larger than 5 acres shall not be permitted in the U District or a
district with an R prefix.
The overall site area for the existing church and the proposed expansion is 0.89
acres.
The request is for a Special Use Permit for a 1,991 square-foot expansion to an existing
non-conforming Church/House of Worship. The existing church, located at 1189 Hassell
Avenue, has been in operation since prior to 1974, which pre-dates the requirement of a
Special Use Permit for a Church/House of Worship use within the R-2 (Medium-Low
Density Residential) zoning district. In conjunction with the existing church, the applicant is
proposing a 1,991 square-foot expansion across the street at 1176 Hassell Avenue in
order to accommodate the facilitys child care, youth educational and preschool programs.
The proposed ancillary uses were specifically requested within the justification letter
submitted with the application. Approval of this Special Use Permit will result in the
existing church becoming legally conforming to the existing zoning district, while also
allowing the proposed expansion across the street to allow for the ancillary uses. The
existing church has no recent records of any significant code enforcement actions or
complaints, and has been in operation for at least 40 years. The proposed expansion is
designed to look like a residence, will provide additional child and educational services
for the area, and is a desirable infill project within the West Las Vegas and Las Vegas
Redevelopment Plan Areas. Staff recommends approval of the request.
FINDINGS (VAR-67801)
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.
FS
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.
The sites existing physical characteristics imposes several practical difficulties on the
Applicant. The lot is only 40 feet wide, which provides limited width in which to
adequately develop the site. To compound this deficiency, the area of the subject lot is
only 5,400 square feet where 6,500 square feet is typically the minimum in the R-2
(Medium-Low Density Residential) zoning district. This minimum lot size standard did not
exist when the lot was mapped in 1929, and the lot is considered legally nonconforming.
Further exacerbating the existing site constraints, the previous property owner installed a
building slab for a residential home, but the house was never built. The existing slab is
four feet from the west property line where five feet is the minimum required within the
R-2 (Medium-Low Density Residential) zoning district. The applicant has requested a
Variance to build on the existing slab rather than remove it and incur additional
hardships redeveloping a substandard lot. In addition to the physical constraints
imposed by the lot size and existing slab, the applicant also owns the property adjacent
to where the setback encroachment occurs. The variance and resulting setback
reduction will only impact property already owned by the church. Given the existing
conditions on the subject lot, and the fact that the applicant owns the property adjacent
to where the one-foot setback encroachment occurs, staff recommends approval of the
request.
FINDINGS (SUP-67800)
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.
2.
The subject site is physically suitable for the type and intensity of land use
proposed.
FS
The site at 1189 Hassell is physically suitable for the existing church, and the site
at 1179 Hassell will be suitable for the proposed church expansion with the
approval of the companion setback Variance. Both sites are adequately suited for
the existing and proposed land uses.
3.
4.
Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.
The approval of the proposed Special Use Permit will not compromise the public
health, safety, welfare or the overall objectives of the General Plan.
5.
The use meets all of the applicable conditions per Title 19.12.
The existing Church/House of Worship and the proposed expansion meets all of
the applicable conditions per Title 19.12.
FINDINGS (SDR-67802)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E)
the Planning Commission and/or City Council must affirm the following:
1.
2.
The proposed development is consistent with the General Plan, this Title,
the Design Standards Manual, the Landscape, Wall and Buffer Standards,
and other duly-adopted city plans, policies and standards;
FS
With approval of the requested waivers, the development will be consistent with
Title 19 and all other city plans, policies and standards.
3.
4.
Building and landscape materials are appropriate for the area and for the
City;
The proposed building and landscape materials are appropriate for the area and
for the City.
5.
6.
Appropriate measures are taken to secure and protect the public health,
safety and general welfare.
The site will be subject to regular inspections and therefore will not compromise
the publics health, safety and general welfare.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Board of Zoning Adjustment approved a Variance (V-0027-74) to
allow an addition to an existing church facility within 17 feet of the rear
04/25/74
property line where 25 feet is required at 1189 Hassell Avenue. Staff
had recommended approval.
City of Las Vegas staff approved a Civil Improvement Plan (#11084)
02/22/07
for a single-family residence at 1176 Hassell Avenue.
FS
Pre-Application Meeting
It was determined at the pre-application meeting that a Special Use
Permit, Variance and Site Development Review would be needed for
the proposed development. Commercial landscape standards apply to
11/09/16
the subject site, and waivers are needed along the east and west
property lines. It was acknowledged that the entire church site would
be covered under the one SUP application.
Neighborhood Meeting
A neighborhood meeting is not required nor was one held.
Field Check
12/08/16
Surrounding
Property
Subject
Property
North
South
East
West
Existing Land
Use Per Title
19.12
Church/House of
Worship;
Undeveloped
Church/House of
Worship; Single
Family Residential,
Detached
Single Family
Residential,
Detached
Single Family
Residential,
Detached
Single Family
Residential,
Detached
Planned or Special
Land Use
Designation
MLA (Medium Low
Attached Density
Residential)
MLA (Medium Low
Attached Density
Residential)
MLA (Medium Low
Attached Density
Residential)
MLA (Medium Low
Attached Density
Residential)
MLA (Medium Low
Attached Density
Residential)
Existing Zoning
District
R-2 (Medium-Low
Density Residential)
R-2 (Medium-Low
Density Residential)
R-2 (Medium-Low
Density Residential)
R-2 (Medium-Low
Density Residential)
R-2 (Medium-Low
Density Residential)
FS
Compliance
Y
Compliance
Y
Compliance
N/A
Y
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to 19.08, the following standards apply:
Standard
Required/Allowed
Min. Lot Size
6,500 SF
Min. Setbacks
Front
20 Feet
Side
5 Feet
Rear
20 Feet
Max. Building Height
35 Feet
Provided
5,400 SF
Compliance
Y*
20 Feet
4 Feet
50 Feet
16 Feet
Y
N
Y
Y
8 Feet
15 Feet
5 Feet
5 feet
6 to 8 Feet Adjacent to Residential
Compliance
N
Y
N
N
N
8 Feet
20 Feet
1 Foot
1 foot
Not
Indicated
Y
Y
N
N
Y
FS
Street Name
Functional
Classification
of Street(s)
Governing
Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Hassell Avenue
Minor Collector
N/A
60
Hart Avenue
Minor Collector
N/A
60
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Use
Gross Floor
Area or
Number of
Units
Existing
Church/Hou
se of
Worship
2,232 square
feet of
gathering
area
Proposed
Pre-school,
youth
building and
Day Care
1,991 Square
feet
Required
Parking
Parking
HandiRatio
Regular
capped
One
space
per every
100
square
feet of
non-fixed
seating in
the
gathering
room
No
required
parking in
addition
to the
primary
church
use
Provided
Parking
HandiRegular
capped
Compliance
23
23
22
46
43
Y
Y
FS
Waivers
Requirement
Request
Staff
Recommendation
A five-foot perimeter
landscape buffer area along
the east and west property
lines
Approval
Approval
FS
VAR-67801
VAR-67801
VAR-67801
Discussion
SUBJECT:
SUP-67800 - SPECIAL USE PERMIT RELATED TO VAR-67800 - PUBLIC HEARING APPLICANT/OWNER: PLEASANT GROVE BAPTIST CHURCH - For possible action on a
request for a Special Use Permit FOR A CHURCH/HOUSE OF WORSHIP at 1176 and 1189
Hassell Avenue (APNs Multiple), R-2 (Medium-Low Density Residential) Zone, Ward 5
(Barlow) [PRJ-67656]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 2/15/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
SUP-67800
SUP-67800
SUP-67800
Discussion
SUBJECT:
SDR-67802 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-67800 AND VAR67801 - PUBLIC HEARING - APPLICANT/OWNER: PLEASANT GROVE BAPTIST
CHURCH - For possible action on a request for a Site Development Plan Review FOR A
PROPOSED 1,991 SQUARE-FOOT EXPANSION TO AN EXISTING CHURCH/HOUSE OF
WORSHIP WITH A WAIVER TO ALLOW A ONE-FOOT PERIMETER LANDSCAPE
BUFFER ALONG PORTIONS OF THE EAST AND WEST PROPERTY LINES at 1176
Hassell Avenue (APNs 139-21-610-127), R-2 (Medium-Low Density Residential) Zone, Ward 5
(Barlow) [PRJ-67656]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 2/15/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
SDR-67802
SDR-67802
SDR-67802
SDR 67802
Pleasant Grove Baptist Church
DESCRIPTION
#UNIT
RATE/#
UNIT
9.11
1.991
0.55
11.76
TOTAL
18
1
23
42,203
3,376
Concord Street
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)
2,706
216
25,743
2,059
Adjacent Street ADT Capacity
53,445
15,600
50,900
On weekdays, this project is expected to add about 18 trips per day on Hassell Ave., Martin L. King Blvd., Concord St. &
Lake Mead Blvd. Currently, Martin L. King is at about 79 percent of capacity, Concord is at about 17 percent of capacity
and Lake Mead is at about 51 percent of capacity. With this project, these capacities are expected to remain unchanged.
No counts are available for Hassell in this vicinity, but it is believed to be under capacity.
On Sundays, this project is expected to add about 23 trips in the peak hour, or about one every three minutes.
Based on Peak Hour use, this project will add about 14 trips in the peak hour on weekdays, or about one every four
minutes.
Note that this report assumes all traffic from this development uses all named streets.
Discussion
SUBJECT:
VAR-67928 - VARIANCE - PUBLIC HEARING - APPLICANT: THM ENTERPRISES, INC. OWNER: TOUCHSTONE LONE MOUNTAIN, LLC - For possible action on a request for a
Variance TO ALLOW AN 87-FOOT LOT WIDTH ON LOT 3 OF A PROPOSED FOUR-LOT
SUBDIVISION WHERE 100 FEET IS REQUIRED on a portion of 2.50 acres at the southeast
corner of Hickam Avenue and Juliano Road (APN 138-05-801-006), U (Undeveloped) Zone
[DR (Desert Rural Density Residential) General Plan Designation], Ward 4 (Anthony) [PRJ67554]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 2/15/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-67928 and VAR-67929 [PRJ-67554]
2. Conditions and Staff Report - VAR-67928 and VAR-67929 [PRJ-67554]
3. Supporting Documentation - VAR-67928 and VAR-67929 [PRJ-67554]
4. Photo(s) - VAR-67928 and VAR-67929 [PRJ-67554]
5. Justification Letter - VAR-67928 and VAR-67929 [PRJ-67554]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
RECOMMENDATION
VAR-67928
VAR-67929
REQUIRED FOR
APPROVAL
** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
NOTICES MAILED
89
APPROVALS
PROTESTS
16
NE
** CONDITIONS **
VAR-67928 CONDITIONS
Planning
1.
This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
2.
All necessary building permits shall be obtained and final inspections shall be
completed in compliance with Title 19 and all codes as required by the Department
of Building and Safety.
3.
These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit.
4.
All City Code requirements and design standards of all City departments must be
satisfied, except as modified herein.
VAR-67929 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
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Variance for two of four prospective lots located on 2.50 acres on
the southeast corner of Hickam Avenue and Juliano Road to have a maximum lot width
of 87 feet where 100 feet is required in the U (Undeveloped) [DR (Desert Rural
Residential) General Plan Designation] zoning district.
ISSUES
A Variance is required to allow two of the four lots to have a lot width of 87 feet
where 100 feet is required in the U (Undeveloped) [DR (Desert Rural Residential)
General Plan Designation] zoning district. Staff is recommending approval of
both Variance applications.
ANALYSIS
The subject site is an undeveloped 2.50 acre lot located on the southeast corner of
Hickam Avenue and Juliano Road. The two lots in question are flag lots, with access
off of Hickam Avenue. The lots have two width dimensions, with 20 feet provided along
the driveway access and 155 feet for the buildable portion of the lot. The overall mean
lot width is 87 feet, where 100 feet is required. The lots meet the minimum lot size of
20,000 square feet for the U (Undeveloped) zoning district. The irregular flag lot
configuration is needed due to the natural drainage pattern for the overall site, from
southwest to northeast, with drainage for the two southern lots being accommodated
through the driveway access points to Hickam Avenue. The alternative would be to
significantly increase the elevation of one or more of the sites to drain back against the
natural flow path, which would require significant retaining walls to accomplish and
would negatively impact the adjacent surrounding residential sites.
NE
1.
2.
3.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a petition to Annex [A-0048-01(A)] 2.5
acres of property generally located at the intersection of Juliano Road
01/16/02
and Hickam Avenue. The Planning Commission and staff
recommended approval.
The applicant submitted a four-lot Parcel Map (PMP-48778) for
03/26/13
technical review. The map has been conditionally approved, but has
not been recorded.
The City Council approved a Variance (VAR-48779) to not install
required offsite improvements including sidewalks and streetlights
06/19/13
where such are required. Staff recommended denial and the Planning
Commission recommended approval.
The City Council approved a request for a Waiver (WVR-66692) to
allow no external streetlights for a proposed four-lot residential
12/21/16
subdivision on 2.50 acres at the southeast corner of Hickam Avenue
and Juliano Road.
NE
Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
10/31/16
requirements for two Variance applications were discussed.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
12/05/16
Existing Land
Use Per Title
19.12
Planned or Special
Land Use
Designation
Existing Zoning
District
Subject
Property
Undeveloped
RNP (Rural
Neighborhood
Preservation)
U (Undeveloped) [DR
(Desert Rural
Residential) General
Plan Designation]
North
Single Family,
Detached
Unincorporated Clark
County RNP (Rural
Neighborhood
Preservation)
Unincorporated Clark
County R-E (Rural
Estates)
Surrounding
Property
NE
Existing Land
Use Per Title
19.12
Planned or Special
Land Use
Designation
Undeveloped
RNP (Rural
Neighborhood
Preservation)
East
Undeveloped
RNP (Rural
Neighborhood
Preservation)
West
Undeveloped
RNP (Rural
Neighborhood
Preservation)
Surrounding
Property
South
Existing Zoning
District
U (Undeveloped) [RNP
(Rural Neighborhood
Preservation) General
Plan Designation]
U (Undeveloped) [RNP
(Rural Neighborhood
Preservation) General
Plan Designation]
R-E (Residence
Estates)
Compliance
N/A
Compliance
N/A
Compliance
Y
Y
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to 19.08, the following standards apply:
Standard
Required/Allowed
Provided
Compliance
Min. Lot Size
20,000 SF
20,910 SF
Y
Min. Lot Width
100 Feet
87 Feet
N*
*The applicant is requesting a Variance to allow two of the four lots to have a lot width of
87 feet where 100 feet is required.
NE
Functional
Actual
Governing
Classification
Street Width
Document
of Street(s)
(Feet)
Juliano Road
Local Street
Title 13
15
Hickam Avenue
Local Street
Title 13
15
*Half-street improvements will be required at time of development.
Street Name
Compliance
with Street
Section
N*
N*
NE
VAR-67928
VAR-67928
VAR-67928
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VAR-67928 [PRJ-67554] - VARIANCE RELATED TO VAR-67929 - APPLICANT: THM ENTERPRISES, INC. - OWNER:
TOUCHSTONE LONE MOUNTAIN, LLC
SOUTHEAST CORNER OF HICKAM AVENUE AND JULIANO ROAD
12/05/16
VAR-67928 [PRJ-67554] - VARIANCE RELATED TO VAR-67929 - APPLICANT: THM ENTERPRISES, INC. - OWNER:
TOUCHSTONE LONE MOUNTAIN, LLC
SOUTHEAST CORNER OF HICKAM AVENUE AND JULIANO ROAD
12/05/16
VAR-67928 [PRJ-67554] - VARIANCE RELATED TO VAR-67929 - APPLICANT: THM ENTERPRISES, INC. - OWNER:
TOUCHSTONE LONE MOUNTAIN, LLC
SOUTHEAST CORNER OF HICKAM AVENUE AND JULIANO ROAD
12/05/16
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Discussion
SUBJECT:
VAR-67929 - VARIANCE - PUBLIC HEARING - APPLICANT: THM ENTERPRISES, INC. OWNER: TOUCHSTONE LONE MOUNTAIN, LLC - For possible action on a request for a
Variance TO ALLOW AN 87-FOOT LOT WIDTH ON LOT 4 OF A PROPOSED FOUR-LOT
SUBDIVISION WHERE 100 FEET IS REQUIRED on a portion of 2.50 acres at the southeast
corner of Hickam Avenue and Juliano Road (APN 138-05-801-006), U (Undeveloped) Zone
[DR (Desert Rural Density Residential) General Plan Designation], Ward 4 (Anthony) [PRJ67554]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 2/15/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
VAR-67929
VAR-67929
VAR-67929
Discussion
SUBJECT:
SUP-67886 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: ROBIN
CAMACHO GROUP, LLC - For possible action on a request for a Special Use Permit FOR A
3,173 SQUARE-FOOT LIQUOR ESTABLISHMENT (TAVERN) USE WITH A 3,936
SQUARE-FOOT OUTDOOR SEATING AREA at 710 and 712 South 1st Street (APNs 139-34310-016 and 017), C-M (Commercial/Industrial) Zone, Ward 3 (Coffin) [PRJ-67778]. Staff
recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 2/15/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - SUP-67886 and SDR-67888 [PRJ-67778]
2. Conditions and Staff Report - SUP-67886 and SDR-67888 [PRJ-67778]
3. Supporting Documentation - SUP-67886 and SDR-67888 [PRJ-67778]
4. Photo(s) - SUP-67886 and SDR-67888 [PRJ-67778]
5. Justification Letter - SUP-67886 and SDR-67888 [PRJ-67778]
6. Support Postcard - SUP-67886 and SDR-67888 [PRJ-67778]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
RECOMMENDATION
SUP-67886
SDR-67888
REQUIRED FOR
APPROVAL
SUP-67886
** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
NOTICES MAILED
925
APPROVALS
PROTESTS
30
JB
** CONDITIONS **
SUP-67886 CONDITIONS
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Liquor
Establishment (Tavern) 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.
Waste management shall not conflict with pedestrian and vehicular circulation on
the adjacent 1st Street right-of-way.
9.
All City Code requirements and design standards of all City departments must be
satisfied, except as modified herein.
JB
SDR-67888 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.
Approval from the Downtown Design Review Committee (DDRC) is required for
proposed signage prior to submitting for sign permits
3.
All development shall be in conformance with the site plan, landscape plan, and
building elevations, date stamped 12/20/16, 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 fully operational fire protection system, including fire apparatus roads, fire
hydrants and water supply, shall be installed and shall be functioning prior to
construction of any combustible structures.
7.
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.
8.
All City Code requirements and design standards of all City Departments must be
satisfied, except as modified herein.
Public Works
9.
Correct all Americans with Disabilities Act (ADA) deficiencies and substandard
improvements on the sidewalks adjacent to this site in accordance with code
requirements of Title 13.56.040 to the satisfaction of the City Engineer concurrent
with development of this site.
JB
10. Landscape and maintain all unimproved right-of-way adjacent to this site. All
landscaping and private improvements installed with this project shall be situated
and maintained so as to not create sight visibility obstructions for vehicular traffic at
all development access drives and abutting street intersections.
11. Meet with the Flood Control Section of the Department of Public Works for
assistance with establishing finished floor elevations and drainage paths for this
site prior to submittal of construction plans, the issuance of any building or grading
permits, whichever may occur first. Provide and improve all drainage ways as
recommended.
JB
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit and Site Development Plan Review for a
proposed Tavern within a converted single-family dwelling and commercial building
located at 710 and 712 South 1st Street.
ISSUES
ANALYSIS
The subject site is located in the Downtown Centennial Plan - Downtown South district,
within the C-M (Commercial/Industrial) zoning district, which allows the Liquor
Establishment (Tavern) use with an approved Special Use Permit. The applicant is
proposing to convert an existing single-family dwelling and commercial building into a
3,173 square-foot Liquor Establishment (Tavern) with a 3,936 square-foot outdoor
seating area located at 710 and 712 South 1st Street. The submitted floor plan indicates
that this Tavern will provide seating for 151 people. Revised plans were received on
12/20/16, which reduced the size of the proposed Liquor Establishment (Tavern) to
3,128 square-feet in size.
A Liquor Establishment (Tavern) use is described in Title 19.12 as: A facility which sells
alcoholic beverages for consumption on the premises where the same are sold and
authorizes the sale, to consumers only and not for resale, of alcoholic beverages in
original sealed or corked containers, for consumption off the premises where the same
are sold.
Minimum Special Use Permit Requirements:
* 1. Pursuant to its general authority to regulate the sale of alcoholic beverages, the City
Council declares that the public health, safety and general welfare of the City are best
promoted and protected by generally requiring both a minimum separation between
liquor establishments (tavern), and a minimum separation between a liquor
JB
establishment (tavern) and certain other uses that should be protected from the impacts
associated with a liquor establishment (tavern). Therefore, except as otherwise provided
below, no liquor establishment (tavern) may be located within 1500 feet of any other
liquor establishment (tavern), church/house of worship, school, individual care center
licensed for more than 12 children, or City park.
The proposed Liquor Establishment (Tavern) use meets this requirement, as there are
no existing taverns or protected land uses within 1500 feet of the subject property.
* 2. The distance separation referred to in Requirement 1 shall be measured with
reference to the shortest distance between two property lines, one being the property
line of the proposed liquor establishment (tavern) which is closest to the existing use to
which the measurement pertains, and the other being the property line of that existing
use which is closest to the proposed liquor establishment (tavern). The distance shall be
measured in a straight line without regard to intervening obstacles.
Distances have been measured from Commercial Subdivision South Add Book 1,
Page 51, Lot 27 & 28, Block 1.
* 3. For the purpose of Requirement 2, and for that purpose only:
a. The property line of a protected use refers to the property line of a fee interest
parcel that has been created by an approved and recorded parcel map or subdivision
map, and does not include the property line of a leasehold parcel; and
b. The property line of a liquor establishment (tavern) refers to:
i. The property line of a parcel that has been created by an approved and
recorded parcel map or commercial subdivision map; or
ii. The property line of a parcel that is located within an approved and recorded
commercial subdivision and that has been created by a record of survey or legal
description, if:
A. Using the property line of that parcel for the purpose of measuring the
distance separation referred to in Requirement 1 would qualify the parcel
under the distance separation requirement;
B. The proposed liquor establishment (tavern) will have direct access
(both ingress and egress) from a street having a minimum right-of-way
width of 100 feet. The required access may be shared with a larger
development but must be located within the property lines of the parcel on
which the proposed liquor establishment (tavern) will be located;
C. All parking spaces required by this Subchapter 19.12.070 for the liquor establishment
(tavern) use will be located on the same parcel as the use; and
JB
JB
The proposed use will be required to continuously meet this requirement as a condition
of approval of a requested Special Use Permit, if approved.
According to the submitted justification letter and floor plan, the proposed use meets the
definition outlined above. The proposed Liquor Establishment (Tavern) also adheres to
all minimum special use permit requirements as outlined by Title 19.12. The subject site
is not located within 1,500 feet of any church/house of worship, school, individual care
center licensed for more than twelve children, City Park or existing tavern. In addition,
staff has added a condition of approval requiring the business conform to all provisions
of LVMC Chapter 6.50 with regards to running a Liquor Establishment (Tavern).
Staff notes that the subject site currently has no alleyway access to the rear of the
subject site. The alleyway has been vacated and is accessed via locked gates
controlled by Nevada Energy, which operates an Energy Substation located to the west
of the subject site. Since this existing site condition prevents access to the rear of the
site, it will affect the way trash service is conducted and how patrons of the
establishment will exit the site to meet Fire and Building Department code requirements.
The applicant has submitted documentation indicating that trash service will be
conducted through curb-side pickup. A condition has been added to Special Use Permit
(SUP-67886) which requires waste management to not conflict with pedestrian and
vehicular circulation on the adjacent 1st Street right-of-way. In addition, the applicant has
also indicated that they will continue to work closely with the Fire and Building
Department to create an exiting plan which meets all code requirements. As this request
meets all the minimum Special Use requirements and can be conducted in a compatible
and harmonious manner within the existing shopping center, staff recommends
approval of this application. If denied, the applicant will not be allowed to conduct the
Liquor Establishment (Tavern) use at this location.
FINDINGS (SUP-67886)
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.
2.
The subject site is physically suitable for the type and intensity of land use
proposed.
The subject site can physically accommodate the proposed Liquor
Establishment (Tavern) use and is in close proximity to other restaurants and
urban lounges in the area.
3.
4.
Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.
Approval of this proposed Special Use Permit will not compromise the public
health, safety and general welfare of the public. The use will be subject to regular
inspections and is subject to licensing restrictions.
5.
The use meets all of the applicable conditions per Title 19.12.
The proposed use meets all applicable conditions for a Liquor Establishment
(Tavern) use per Title 19.12.
FINDINGS (SDR-67888)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E)
the Planning Commission and/or City Council must affirm the following:
1.
2.
The proposed development is consistent with the General Plan, this Title,
the Design Standards Manual, the Landscape, Wall and Buffer Standards,
and other duly-adopted city plans, policies and standards;
This project is consistent with the General Plan and the uses allowed in the
Downtown Centennial Plan Overlay District.
3.
4.
Building and landscape materials are appropriate for the area and for the
City;
The submitted building elevations indicate that the existing building height and
dimensions will remain unchanged. The applicant has indicated new rollup doors
and metal canopy will be placed over the existing CMU walls.
5.
6.
Appropriate measures are taken to secure and protect the public health,
safety and general welfare.
The proposed development is subject to permit review and inspection; therefore,
appropriate measures will be taken to protect the health, safety and general
welfare.
JB
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved Rezoning (Z-0100-64) from R-1 (Single
Family Residential), R-4 (High Density Residential), C-1 (Limited
Commercial), C-2 (General Commercial) and C-V (Civic) to C-2
(General Commercial) for approximately 230 Acres generally located
12/16/64
on property bounded by Main Street to the west, Bonanza Road on the
north, Las Vegas Boulevard on the east, and Charleston Boulevard on
the south, Wards 1 and 3. The Planning Commission recommended
approval on 12/10/64.
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
11/16/16
Permit & Site Development Plan Review for a proposed Liquor
Establishment (Tavern).
Neighborhood Meeting
A neighborhood meeting is not required for this type of request, nor was one held.
JB
Field Check
12/05/16
Staff conducted a routine site visit and found the subject site currently
has no alleyway access to the rear of the subject site. The alleyway
has been vacated and is accessed via pad locked gates by Nevada
Energy which operates an Energy Substation located to the west of
the subject site. In addition, there was trash and debris located in the
front courtyard and inside the gated rear vacated alleyway.
Planned or Special
Land Use
Designation
Existing Zoning
District
C (Commercial)
C-M
(Commercial/Industrial)
North
General Retail
C (Commercial)
South
General Retail
East
Undeveloped
C (Commercial)
West
Energy SubStation
PF (Public Facilities)
Surrounding
Property
Subject
Property
C-M
(Commercial/Industrial)
C-M
(Commercial/Industrial)
C-M
(Commercial/Industrial)
C-V (Civic)
Compliance
Y
Compliance
Y
Y
Y
Compliance
N/A
Y
N/A
N/A
JB
DEVELOPMENT STANDARDS
Pursuant to Downtown Centennial Plan, the following standards apply:
Standard
Required/Allowed
Provided Compliance
Min. Setbacks
Front
70% along Property Line
50%
Y*
Side (North)
N/A
0 Feet
Y
Side (South)
70% along Property Line
100%
Y
N/A
9 Feet
Y
Rear
Screened,
Gated, w/
Trash Enclosure
Y
Screened, Gated, w/ a Roof
a Roof or
or Trellis
Trellis
Mech. Equipment
Screened
Screened
Y
*This request involves the conversion of two existing structures which were constructed
prior to the establishment of the development standards outlined within the Las Vegas
Downtown Centennial Plan
Street Name
1st Street
Functional
Classification
of Street(s)
Local Street
Governing
Document
Title 13.12
Actual
Street Width
(Feet)
80 Feet
Compliance
with Street
Section
Y
Streetscape Standards
Required
Provided
Compliance
Five-foot wide amenity
Y
Five-foot
zone
10-foot wide sidewalk
10- Feet
Y
36-inch box trees at 15
Downtown Centennial Plan
to 20 feet
intervals along 7th
2 Trees (existing )
Y
Street and Carson
Avenue.
*A covenant running with the land will be required to obtain the property owners consent
for future improvements.
JB
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement - Downtown
Use
Gross Floor
Area or
Number of
Units
3,128 SF
(1,240 indoor
seating and
1,888 SF of
Back of house)
w/ 3,936 SF of
Outdoor
Seating
114
114
109
Liquor
Establishment
(Tavern)
Provided
Parking
HandiRegular
capped
0
0
Compliance
Y*
Y*
*Projects located within the Las Vegas Downtown Centennial Plan area are not subject to
the automatic application of parking requirements. However, the above table should be
used to illustrate the requirements of an analogous project in another location in the City.
JB
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SUP-67886
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Discussion
SUBJECT:
SDR-67888 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-67886 - PUBLIC
HEARING - APPLICANT/OWNER: ROBIN CAMACHO GROUP, LLC - For possible action
on a request for a Site Development Plan Review FOR A PROPOSED CONVERSION OF A
SINGLE FAMILY DWELLING AND COMMERCIAL BUILDING INTO A 3,173 SQUAREFOOT LIQUOR ESTABLISHMENT (TAVERN) WITH A 3,936 SQUARE-FOOT OUTDOOR
SEATING AREA on 0.17 acres at 710 and 712 South 1st Street (APNs 139-34-310-016 and
017), C-M (Commercial/Industrial) Zone, Ward 3 (Coffin) [PRJ-67778]. Staff recommends
APPROVAL.
MAY GO TO CITY COUNCIL ON 2/15/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
SDR-67888
SDR-67888
SDR-67888
SDR 67888
Robin Camacho Group, LLC
9.52
SINGLE FAMILY DETACHED [DWELL]
PM Peak Hour
0.75
1.00
10
1
1
New Use
Average Daily Traffic (ADT)
AM Peak Hour
HIGH-TURNOVER (SIT-DWN)
RESTAURANT [1000 SF]
127.15
3.173
PM Peak Hour
10.81
9.85
404
35
31
Net Change
Average Daily Traffic (ADT)
AM Peak Hour
5.63
MOTEL [ROOM]
PM Peak Hour
0.45
0.47
394
34
30
774
62
Garces Avenue
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)
1,557
125
Gass Avenue
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)
1,492
119
This project will add approximately 394 trips per day on 1st St., Garces Ave. and Gass Ave. 1st is currently at about 5
percent of capacity, Garces is at about 10 percent of capacity and Gass is at about 10 percent of capacity. After this
project, 1st is expected to be at about 7 percent of capacity, Garces to be at about 12 percent of capacity and Gass to be
at about 12 percent of capacity.
Based on Peak Hour use, this development will add into the area roughly 34 additional cars, or about one every two
minutes.
Note that this report assumes all traffic from this development uses all named streets.
Discussion
SUBJECT:
SUP-67897 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT:
LASVEGAS.NET HOTEL - OWNER: SIMCHA 260, LLC - For possible action on a request for
a Special Use Permit FOR A 3,151 SQUARE-FOOT TAVERN-LIMITED ESTABLISHMENT
USE WITH 4,063 SQUARE FEET OF OUTDOOR SEATING AREA at 2601 Westwood Drive
(APN 162-09-102-005), M (Industrial) Zone, Ward 1 (Tarkanian) [PRJ-67742]. Staff
recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 2/15/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - SUP-67897 and SDR-67901 [PRJ-67742]
2. Conditions and Staff Report - SUP-67897 and SDR-67901 [PRJ-67742]
3. Supporting Documentation - SUP-67897 and SDR-67901 [PRJ-67742]
4. Photo(s) - SUP-67897 and SDR-67901 [PRJ-67742]
5. Justification Letter - SUP-67897 and SDR-67901 [PRJ-67742]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
RECOMMENDATION
SUP-67897
SDR-67901
REQUIRED FOR
APPROVAL
SUP-67897
** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
NOTICES MAILED
183
APPROVALS
PROTESTS
22
JB
** CONDITIONS **
SUP-67897 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
SDR-67901 CONDITIONS
Planning
1.
Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-67897) 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 building elevations,
date stamped 11/23/16, 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 fully operational fire protection system, including fire apparatus roads, fire
hydrants and water supply, shall be installed and shall be functioning prior to
construction of any combustible structures.
7.
8.
All City Code requirements and design standards of all City Departments must be
satisfied, except as modified herein.
Public Works
9.
Correct all Americans with Disabilities Act (ADA) deficiencies on the sidewalk and
the existing driveways adjacent to this site in accordance with code requirements
of Title 13.56.040 to the satisfaction of the City Engineer concurrent with
development of this site. All existing paving damaged or removed by this
development shall be restored at its original location and to its original width
concurrent with development of this site.
JB
10. Meet with the Flood Control Section of the Department of Public Works for
assistance with establishing finished floor elevations and drainage paths for this
site prior to submittal of construction plans, the issuance of any building or grading
permits or the submittal of a map for this site, whichever may occur first. Provide
and improve all drainage ways as recommended.
JB
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Site Development Plan Review and Special Use Permit for a
proposed Tavern-Limited Establishment use within an existing Hotel/Motel use located
at 2601 Westwood Drive.
ISSUES
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 M (Industrial) zoning district with an approved Special Use Permit.
This project is located in the Las Vegas Downtown Centennial Plan Industrial Corridor
District. The subject site currently operates as an existing Hotel, Motel or Hotel Suites
land use and is located within the M (Industrial) zoning district. The applicant has
proposed to construct a 3,151 square-foot addition to the existing 37,800 square-foot
building, which represents an 8% increase in floor area. Since the expansion is
associated with a Special Use Permit for the proposed Tavern-Limited Establishment
use, a Major Site Development Plan Review is required. The new Tavern-Limited
Establishment is intended to operate in conjunction with the existing Hotel, Motel or
Hotel Suites use at the subject site.
The applicant has indicated that the proposed establishment will host a live DJ at least
two nights per week in conformance with Title 6.50.250 requirements for a TavernLimited license. The submitted floor plan indicates the 968 square-foot basement floor
will be utilized as a storage area, the 953 square-foot first floor will provide a dining
room and kitchen area and a 1,230 square-foot second floor area, which will provide a
JB
rooftop deck including a 40 square-foot area designated for a DJ booth. The applicant
has indicated that they do not wish to operate as a Night Club. Also, there is a 4,063
square-foot outdoor pool deck/ outdoor patio area adjacent to the proposed building
addition which will be utilized with the proposed Tavern-Limited Establishment use.
The submitted building elevations indicate the proposed building will remain at 32.75
feet in height to the top of the parapet, and will be accented with a white and blue
stucco building faade and red tile roof. The submitted landscaping plan indicate a
combination of 24-box Washington Robusta trees and five-gallon red salvia shrubs will
be used within the existing landscape buffers on the western and eastern perimeter of
the subject site. The proposed use and design of this proposal will make a positive
contribution to the urban design for the residents in the immediate area and of the
community at large. Staff recommends approval of the requested Special Use Permit to
allow a Tavern-Limited Establishment use and the Site Development Plan Review for
the proposed addition to the existing structure.
FINDINGS (SUP-67897)
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.
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 to other similar land uses in the
area.
3.
JB
Access to the site will not change. The site is accessed by Westwood Drive, which
is a 60-foot Local Street. This street is sufficient in size to accommodate the
needs of the proposed use.
4.
Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.
Approval of this proposed Special Use Permit will not compromise the public
health, safety and general welfare of the public. The use will be subject to
regular inspections and is subject to licensing restrictions.
5.
The use meets all of the applicable conditions per Title 19.12.
The proposed use meets all applicable conditions for a Tavern-Limited
Establishment per Title 19.12.
FINDINGS (SDR-67901)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E)
the Planning Commission and/or City Council must affirm the following:
1.
2.
The proposed development is consistent with the General Plan, this Title,
the Design Standards Manual, the Landscape, Wall and Buffer Standards,
and other duly-adopted city plans, policies and standards;
This project is consistent with the General Plan and the uses allowed in the
Downtown Centennial Plan Overlay District.
JB
3.
4.
Building and landscape materials are appropriate for the area and for the
City;
The building will be renovated with a white and blue stucco building faade and
red tile roof, which is appropriate for this area of the city.
5.
6.
Appropriate measures are taken to secure and protect the public health,
safety and general welfare.
The proposed development is subject to permit review and inspection;
therefore, appropriate measures will be taken to protect the health, safety and
general welfare of the public.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Board of City Commissioners approved a request for Rezoning (Z0062-60) from R-E (Residence Estates) to M-1 (Light Industry) on
01/12/61
property generally located south of San Francisco (Sahara Avenue)
between Highland Drive and the proposed freeway (I-15).
The Planning Commission approved a request for a Plot Plan [Z-006210/28/93
60(1)] to review building elevations.
The City Council Tabled indefinitely a request for a Special Use Permit
(U-0070-96) for a 14-foot by 48-foot Off-Premise Sign at 2501
10/16/96
Westwood Drive. The Board of Zoning Adjustment recommended
denial.
JB
JB
JB
Surrounding
Property
Subject
Property
North
South
East
West
Existing Land
Use Per Title
19.12
Planned or Special
Land Use
Designation
Existing Zoning
District
Motel
C (Commercial)
M (Industrial)
C (Commercial)
Li/R (Light
Research/Industry)
M (Industrial)
M (Industrial)
Compliance
Y
Compliance
Y
Y
Compliance
N/A
Y
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to Downtown Centennial Plan, the following standards apply:
Standard
Required/Allowed
Provided Compliance
Min. Setbacks
Front
70% along Property Line
0%
Y*
Side
N/A
0 Feet
Y
Corner
70% along Property Line
N/A
Y
Rear
N/A
8 Feet
Y
JB
Standard
Provided Compliance
Screened,
Gated, w/
Trash Enclosure
Y
Screened, Gated, w/ a
a Roof or
Roof or Trellis
Trellis
Mech. Equipment
Screened
Screened
Y
* The building at 2601 Westwood Drive was constructed prior to the establishment of
the Downtown Centennial Plan development standards.
Street Name
Westwood Drive
Required/Allowed
Functional
Classification
of Street(s)
Local Street
Governing
Document
Title 13.12
Actual
Street Width
(Feet)
60
Compliance
with Street
Section
Y
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement - Downtown
Use
Hotel, Motel or
Hotel Suites
w/ Accessory
TavernLimited
Establishment
Gross Floor
Area or
Number of
Units
95 Units
One
space
per guest
room
Provided
Parking
HandiRegular
capped
Compliance
95
95
46
Y*
91
4
44
2
Y*
*Projects located within the Las Vegas Downtown Centennial Plan area are not subject to
the automatic application of parking requirements. However, the above table should be
used to illustrate the requirements of an analogous project in another location in the City.
TOTAL SPACES REQUIRED
Regular and Handicap Spaces Required
JB
SUP-67897
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SUP-67897 [PRJ-67742] - SPECIAL USE PERMIT RELATED TO SDR-67901 - APPLICANT: LASVEGAS.NET HOTEL
- OWNER: SIMCHA 260, LLC
2601 WESTWOOD DRIVE
12/05/16
SUP-67897 [PRJ-67742] - SPECIAL USE PERMIT RELATED TO SDR-67901 - APPLICANT: LASVEGAS.NET HOTEL
- OWNER: SIMCHA 260, LLC
2601 WESTWOOD DRIVE
12/05/16
SUP-67897 [PRJ-67742] - SPECIAL USE PERMIT RELATED TO SDR-67901 - APPLICANT: LASVEGAS.NET HOTEL
- OWNER: SIMCHA 260, LLC
2601 WESTWOOD DRIVE
12/05/16
SUP-67897 [PRJ-67742] - SPECIAL USE PERMIT RELATED TO SDR-67901 - APPLICANT: LASVEGAS.NET HOTEL
- OWNER: SIMCHA 260, LLC
2601 WESTWOOD DRIVE
12/05/16
SUP-67897 [PRJ-67742] - SPECIAL USE PERMIT RELATED TO SDR-67901 - APPLICANT: LASVEGAS.NET HOTEL
- OWNER: SIMCHA 260, LLC
2601 WESTWOOD DRIVE
12/05/16
SUP-67897 [PRJ-67742] - SPECIAL USE PERMIT RELATED TO SDR-67901 - APPLICANT: LASVEGAS.NET HOTEL
- OWNER: SIMCHA 260, LLC
2601 WESTWOOD DRIVE
12/05/16
SUP-67897 [PRJ-67742] - SPECIAL USE PERMIT RELATED TO SDR-67901 - APPLICANT: LASVEGAS.NET HOTEL
- OWNER: SIMCHA 260, LLC
2601 WESTWOOD DRIVE
12/05/16
SUP-67897 [PRJ-67742] - SPECIAL USE PERMIT RELATED TO SDR-67901 - APPLICANT: LASVEGAS.NET HOTEL
- OWNER: SIMCHA 260, LLC
2601 WESTWOOD DRIVE
12/05/16
SUP-67897 [PRJ-67742] - SPECIAL USE PERMIT RELATED TO SDR-67901 - APPLICANT: LASVEGAS.NET HOTEL
- OWNER: SIMCHA 260, LLC
2601 WESTWOOD DRIVE
12/05/16
SUP-67897 [PRJ-67742] - SPECIAL USE PERMIT RELATED TO SDR-67901 - APPLICANT: LASVEGAS.NET HOTEL
- OWNER: SIMCHA 260, LLC
2601 WESTWOOD DRIVE
12/05/16
SUP-67897 [PRJ-67742] - SPECIAL USE PERMIT RELATED TO SDR-67901 - APPLICANT: LASVEGAS.NET HOTEL
- OWNER: SIMCHA 260, LLC
2601 WESTWOOD DRIVE
12/05/16
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Discussion
SUBJECT:
SDR-67901 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-67897 - PUBLIC
HEARING - APPLICANT: LASVEGAS.NET HOTEL - OWNER: SIMCHA 260, LLC - For
possible action on a request for a Site Development Plan Review FOR A PROPOSED 3,151
SQUARE-FOOT EXPANSION AND RENOVATION OF AN EXISTING HOTEL BUILDING
on 1.27 acres at 2601 Westwood Drive (APN 162-09-102-005), M (Industrial) Zone, Ward 1
(Tarkanian) [PRJ-67742]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 2/15/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
SDR-67901
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SDR 67901
Las Vegas Net Hotel
5.63
MOTEL [ROOM]
93
PM Peak Hour
0.45
0.47
524
42
44
New Use
Average Daily Traffic (ADT)
AM Peak Hour
HIGH-TURNOVER (SIT-DWN)
RESTAURANT [1000 SF]
127.15
3.151
PM Peak Hour
10.81
9.85
401
34
31
Total Use
Average Daily Traffic (ADT)
AM Peak Hour
5.63
MOTEL [ROOM]
PM Peak Hour
93
0.45
0.47
925
76
75
4,493
359
Western Avenue
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)
10,532
843
This project will add approximately 401 trips per day on Westwood Dr., Highland Dr. and Western Ave. Highland is
currently at about 27 percent of capacity and Western is at about 64 percent of capacity. After this project, Highland is
expected to be at about 33 percent of capacity and Western to be at about 70 percent of capacity. Counts are not available
for Westwood in this vicinity, but it is believed to be under capacity.
Based on Peak Hour use, this development will add into the area roughly 34 additional cars, or about one every two
minutes.
Note that this report assumes all traffic from this development uses all named streets.
Discussion
SUBJECT:
SUP-67890 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: WIRELESS
DOCTOR, LLC - OWNER: TENAYA VILLAGE, LLC - For possible action on a request for a
Special Use Permit FOR A PROPOSED 1,200 SQUARE-FOOT SECONDHAND DEALER
USE at 7260 West Azure Drive, Suite #150 (APN 125-27-113-007), T-C (Town Center) Zone
[GC-TC (General Commercial - Town Center) Special Land Use Designation], Ward 6 (Ross)
[PRJ-67361]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 2/15/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcard
SUP-67890 [PRJ-67361]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
RECOMMENDATION
SUP-67890
REQUIRED FOR
APPROVAL
** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
NOTICES MAILED
330
APPROVALS
PROTESTS
28
CS
SUP-67890 [PRJ-67361]
Conditions Page One
January 10, 2017 - Planning Commission Meeting
** CONDITIONS **
SUP-67890 CONDITIONS
Planning
1.
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, 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.
CS
SUP-67890 [PRJ-67361]
Staff Report Page One
January 10, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit for a proposed 1,200 square-foot
Secondhand Dealer use at 7260 West Azure Drive, Suite #150.
ISSUES
A Special Use Permit is required for a Secondhand Dealer use in the T-C (Town
Center) zone with the GC-TC (General Commercial Town Center) Special Land
Use Designation. Staff recommends approval of the request.
While conducting a routine site visit, staff found the subject site to have illegal
signage located on the windows. A condition of approval has been added to
address this issue.
ANALYSIS
The Town Center Development Standards Manual does not provide a definition of the
Secondhand Dealer use. Title 19 defines the Secondhand Dealer use as, A retail
facility which deals solely in used commodities with no new commodities, or in which the
sale of secondhand or used articles is incidental to the sale of new articles of the same
kind. For purposes of this description, the sale of secondhand or used articles is
deemed to be incidental to the sale of new articles. Used articles may include furniture,
fixtures, appliances, tableware, offices supplies, pictures, paintings, jewelry, cutlery,
guns, precious or semiprecious gemstones, or scrap precious metals as defined in
LVMC Chapter 6.74, but does not include the sale of junk as defined in that Chapter, or
the sale of used cars. This use does not include a Thrift Shop. This use also does not
include the following, all of which are allowed where the retail sale of new merchandise
is permitted:
1. The buying, selling or trading of wearing apparel, infant/child items,
general household furnishings or specified liquid waste, as those terms
are defined in LVMC Chapter 6.74;
2. The buying and selling of foreign or domestic coins for numismatic
purposes;
3. The buying and selling of antiques, used books, newspapers or
periodicals; or
CS
SUP-67890 [PRJ-67361]
Staff Report Page Two
January 10, 2017 - Planning Commission Meeting
SUP-67890 [PRJ-67361]
Staff Report Page Three
January 10, 2017 - Planning Commission Meeting
FINDINGS (SUP-67890)
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:
CS
SUP-67890 [PRJ-67361]
Staff Report Page Four
January 10, 2017 - Planning Commission Meeting
1.
2.
The subject site is physically suitable for the type and intensity of land use
proposed.
The subject site currently is an existing 49,094 square-foot commercial shopping
center that is physically suitable for the intensity of the proposed land use.
3.
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 the Town Center
Development Standards Manual.
The proposed use meets all applicable conditions of approval for a Secondhand
Dealer use as required by Title 19 and the Town Center Development Standards.
BACKGROUND INFORMATION
Most Recent Change of Ownership
06/05/14
A deed was recorded for a change in ownership.
CS
SUP-67890 [PRJ-67361]
Staff Report Page Five
January 10, 2017 - Planning Commission Meeting
Pre-Application Meeting
Staff conducted a pre-application meeting with the applicant where the
10/20/16
submittal requirements and deadlines were reviewed.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
12/05/16
Surrounding
Property
Existing Land
Use Per Title
19.12
Subject
Property
Shopping Center
North
Planned or Special
Land Use
Designation
GC-TC (General
Commercial Town
Center)
Right-of-Way
Existing Zoning
District
T-C (Town Center)
Right-of-Way
CS
SUP-67890 [PRJ-67361]
Staff Report Page Seven
January 10, 2017 - Planning Commission Meeting
Surrounding
Property
South
East
West
Existing Land
Use Per Title
19.12
Convenience
Store (with Fuel
Pumps)
Single Family,
Detached
Undeveloped
Planned or Special
Land Use
Designation
GC-TC (General
Commercial Town
Center)
R (Rural Density
Residential)
O (Office)
GC-TC (General
Commercial Town
Center)
Existing Zoning
District
T-C (Town Center)
R-E (Residence
Estates)
P-R (Professional
Office and Parking)
T-C (Town Center)
Compliance
Y
Compliance
Y
Compliance
N/A
N/A
N/A
Y
DEVELOPMENT STANDARDS
Street Name
Functional
Classification of
Street(s)
Tenaya Way
Town Center
Loop
Azure Drive
Town Center
Loop
Governing
Document
Town Center
Development
Standards Manual
Town Center
Development
Standards Manual
Actual
Street
Width
(Feet)
Complian
ce with
Street
Section
90
90
CS
SUP-67890 [PRJ-67361]
Staff Report Page Eight
January 10, 2017 - Planning Commission Meeting
Parking Requirement
Use
Gross Floor
Area or
Number of
Units
Required
Provided
Compliance
Parking
Parking
Parking
HandiHandiRatio
Regular cappe Regular cappe
Shopping
49,904 SF
1/250 SF
Center
TOTAL SPACES REQUIRED
Regular and Handicap Spaces
Required
200
200
194
320
6
312
Y
Y
CS
SUP-67890
SUP-67890
SUP-67890
SUP-67890
SUP-67890 [PRJ-67361] - SPECIAL USE PERMIT - APPLICANT: WIRELESS DOCTOR, LLC - OWNER: TENAYA
VILLAGE, LLC
7260 WEST AZURE DRIVE, SUITE #150
12/05/16
SUP-67890 [PRJ-67361] - SPECIAL USE PERMIT - APPLICANT: WIRELESS DOCTOR, LLC - OWNER: TENAYA
VILLAGE, LLC
7260 WEST AZURE DRIVE, SUITE #150
12/05/16
SUP-67890
Discussion
SUBJECT:
SUP-67912 - 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 RESTAURANT WITH SERVICE BAR USE WITHIN AN
EXISTING 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-67876]. Staff recommends
APPROVAL.
MAY GO TO CITY COUNCIL ON 2/15/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcards
SUP-67912 [PRJ-67876]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
RECOMMENDATION
REQUIRED FOR
APPROVAL
SUP-67912
N/A
** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
NOTICES MAILED
1327
APPROVALS
PROTESTS
20
RG
SUP-67912 [PRJ-67876]
Conditions Page One
January 10, 2017 - Planning Commission Meeting
** CONDITIONS **
SUP-67912 CONDITIONS
Planning
1.
2.
This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
3.
All necessary building permits shall be obtained and final inspections shall be
completed in compliance with Title 19 and all codes as required by the Department
of Building and Safety.
4.
These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit, 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.
RG
SUP-67912 [PRJ-67876]
Staff Report Page One
January 10, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit for a proposed Restaurant with Service Bar
use at 8615 West Sahara Avenue.
ISSUES
A Restaurant with Service Bar use is permitted in the C-1 (Limited Commercial)
zoning district as a Conditional Use.
The proposed Restaurant with Service Bar use does not meet the Conditional Use
regulations of Title 19.12 regarding the required 400-foot distance separation from
an Individual Care Center (licensed for more than 12 children). Therefore, a request
for a Special Use Permit is required. Staff supports the SUP as the proposed use is
located within an established shopping center designed to accommodate a variety
uses and it will not negatively impact the existing individual care center as there is
no direct access between the two uses.
There is no waiver request for this Special Use Permit, as the use does not have
minimum Special Use Permit requirements.
ANALYSIS
The applicant is requesting a Special Use Permit for a proposed Restaurant with
Service Bar use. The subject property is part of an established shopping center which
is currently zoned C-1 (Limited Commercial). The subject location contains a 2,537
square-foot restaurant with 800 square feet of outdoor seating area.
A
Beer/Wine/Cooler On-Sale Establishment use was approved by Special Use Permit
(SUP-61299) on 12/08/15, and a business license is currently active. The use will be
located within an existing 30,548 square-foot shopping center. No additional parking
spaces are required for the proposed use.
The Restaurant with Service Bar use is defined as A bar wherein alcoholic beverage
drinks are prepared for service only at tables in a restaurant and for consumption only in
connection with a meal served on the premise, and where customers are not permitted
to purchase alcoholic beverage drinks directly from the bar or for off-premise
consumption. The proposed use meets the definition, as it is currently serving beer
and wine with food consumption, the establishment is proposing to have a bar serving
alcohol.
RG
SUP-67912 [PRJ-67876]
Staff Report Page Two
January 10, 2017 - Planning Commission Meeting
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 Conditional Use; therefore, a
Special Use Permit application is required. The subject property is an established
shopping center designed to accommodate a variety of uses and within an existing
restaurant with an active beer sale licenses. It has been determined that the proposed
Restaurant with Service Bar use can be conducted in a manner that is compatible with
the surrounding land uses; therefore, staff recommends approval as the use is
considered appropriate for the surrounding area. If this request is denied, the existing
Beer/Wine/Cooler On-Sale use can continue to operate as approved by SUP-61299.
FINDINGS (SUP-67912)
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.
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.
4.
Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.
RG
SUP-67912 [PRJ-67876]
Staff Report Page Three
January 10, 2017 - Planning Commission Meeting
Approval of this Special Use Permit will not compromise the public health safety
and general welfare. 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 a Restaurant
with Service Bar use under a Special Use Permit. The subject property is an
established shopping center designed to accommodate a variety of uses and
staff has determined that the proposed use is complementary to the variety of
commercial uses existing within the Lakeside Plaza Shopping Center. Staff
recommends approval of the requested Waiver.
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
08/15/84
(Residential Planned 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
06/12/86
south side of Sahara Avenue, between Durango Drive and Lake
Sahara Drive. Staff recommended approval.
The Planning Commission approved a request for a Plot Plan Review
[Z-0054-84(5)] for a proposed restaurant and lounge at the southwest
07/09/87
corner of Sahara Avenue and Durango Drive. Staff recommended
approval.
The Planning Commission approved a request for a Plot Plan Review
[Z-0054-84(7)] for the expansion of an approved retail commercial
08/25/87
center at the southeast corner of Sahara Avenue and Lake Sahara
Drive. Staff recommended approval.
The City Council approved a Special Use Permit (U-0030-02) for a
06/05/02
restaurant service bar located at 8615 West Sahara Avenue. The
Planning Commission and staff recommended approval.
The Planning Commission approved a Special Use Permit (SUP12/08/15
61299) for a Beer/Wine/Cooler On-Sale Establishment use at 8615
West Sahara Avenue. The Planning Commission and staff approval.
RG
SUP-67912 [PRJ-67876]
Staff Report Page Four
January 10, 2017 - Planning Commission Meeting
Pre-Application Meeting
Staff met with the applicant and discussed the Special Use Permit
application process. The applicant was informed that the Restaurant
with Service Bar use is a Conditional Use Title 19.12. The subject
location does not meet the Conditional Use Regulations regarding the
11/22/16
distance separation of the protected use. The subject property is
located within an overall shopping center and is located within zero
feet of an individual care center. A Waiver request for the distance
separation is required as part of the Special Use Permit application.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
12/05/16
RG
SUP-67912 [PRJ-67876]
Staff Report Page Five
January 10, 2017 - Planning Commission Meeting
Surrounding
Property
Subject
Property
Existing Land
Use Per Title
19.12
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/Ope
n Space)
MLA (Medium-Low
Attached Density
Residential)
CG (Commercial
General Clark
County)
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)
SC (Service
Commercial)
C-1 (Limited
Commercial)
Compliance
N/A
Compliance
N/A
Compliance
N/A
N/A
N/A
Y
RG
SUP-67912 [PRJ-67876]
Staff Report Page Six
January 10, 2017 - Planning Commission Meeting
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)
Complian
ce with
Street
Section
100
150
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Gross
Parking
Parking
Floor Area
Use
Parking
or Number
HandiHandiRatio
Regular
Regular
of Units
capped
capped
Shopping
30,548 SF
1:250 SF
123
Center
TOTAL SPACES REQUIRED
123
319
Regular and Handicap Spaces
118
5
313
6
Required
Compliance
Y
Y
RG
SUP-67912
PRJ-67876
Application/Petition For:
ProjectAddress (Location):
Project Name
16308510009
Ward #:
Yes
Select
Gross Acres:
Lots/Units:
Additional Information:
Applicant First Name:
marcus t
sgrizzi
Applicant Address:
Applicant City:
Las Vegas
Applicant State:
nv
Applicant Zip:
89117
Applicant Phone:
7024989786
Applicant Fax:
Applicant Email:
cmtrattoria@gmail.com
marcus t
sgrizzi
Rep Address:
Rep City:
Las Vegas
Rep State:
nv
Rep Zip:
89117
Rep Phone:
7024989786
Rep Fax:
Rep Email:
11/29/2016 4:15:33 PM
cmtrattoria@gmail.com
SUP-67912
Page 1 of 2
Yes
Yes
Owner(s)
ADDR1
ADDR2
DURANGO SAHARA L L C
CLVEPLAN Applicant
Company
Title
Marcus Sgrizzi
Chef Marc's
Chef
cmtrattoria@gmail.com
11/29/2016 4:15:33 PM
SUP-67912
Page 2 of 2
SUP-67912
77
777A
777
777b
7
7
7
77
SUP-67912 - REVISED
77
SUP-67912 [PRJ-67876] - SPECIAL USE PERMIT - APPLICANT: MARCUS SGRIZZI - OWNER: DURANGO SAHARA,
LLC
8615 WEST SAHARA AVENUE
12/05/16
SUP-67912 [PRJ-67876] - SPECIAL USE PERMIT - APPLICANT: MARCUS SGRIZZI - OWNER: DURANGO SAHARA,
LLC
8615 WEST SAHARA AVENUE
12/05/16
SUP-67912
Discussion
SUBJECT:
SUP-67951 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
CENTENNIAL PROPERTY, LLC - For possible action on a request for a Special Use Permit
FOR A PROPOSED AUTO REPAIR GARAGE, MAJOR USE at 7300 West Azure Drive, Suite
#150 (APN 125-27-113-006), T-C (Town Center) Zone [GC-TC (General Commercial - Town
Center) Special Land Use Designation], Ward 6 (Ross) [PRJ-67746]. Staff recommends
APPROVAL.
MAY GO TO CITY COUNCIL ON 2/15/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcard
SUP-67951 [PRJ-67746]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
RECOMMENDATION
REQUIRED FOR
APPROVAL
SUP-67951
N/A
** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
NOTICES MAILED
330
APPROVALS
PROTESTS
28
RG
SUP-67951 [PRJ-67746]
Conditions Page One
January 10, 2017 - Planning Commission Meeting
** CONDITIONS **
SUP-67951 CONDITIONS
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for an Auto
Repair Garage, Major use.
2.
Conformance to the approved conditions for Site Development Plan Review (SDR46278) and Site Development Plan Review (SDR-58544).
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.
RG
SUP-67951 [PRJ-67746]
Staff Report Page One
January 10, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit for a proposed Auto Repair Garage, Major
use located at 7300 West Azure Drive, Suite #150.
ISSUES
The subject site is located within the Town Center Plan Area with a GC-TC (General
Commercial Town Center) Special Land Use Designation.
An Auto Repair Garage, Major use is permitted in the GC-TC (General Commercial
Town Center) Special Land Use Designation with the approval of a Special Use
Permit. Staff recommends approval.
ANALYSIS
This Special Use Permit application is for a proposed Auto Repair Garage, Major. An
Auto Repair Garage, Major use is permitted in the GC-TC (General Commercial Town
Center) Special Land Use Designation with the approval of a Special Use Permit. The
subject property already contains an Auto Repair Garage, Major addressed at 7350
West Azure Drive. Additionally, the following analysis is required:
The Auto Repair Garage, Major use is defined by Title 19.18 as A facility for the repair
or reconditioning of any type of motorized vehicle, other than the types of repair and
service authorized to be performed in a minor auto repair garage. This use includes a
facility that provides collision services, including body, frame, or fender straightening,
repair and painting of vehicles in an appropriate paint booth, and a facility that performs
any repairs to vehicles with a gross vehicle weight over 10,000 pounds. The proposed
use meets the definition the applicant has stated in the justification letter that they will
be performing a major auto repair.
The Minimum Special Use Permit Requirements per Town Center Development
Standards for this use include:
a. All repair and service work shall be performed within a completely enclosed
building.
The proposed use meets this requirement as the establishment has a service
bay to allow the work on vehicles.
RG
SUP-67951 [PRJ-67746]
Staff Report Page Two
January 10, 2017 - Planning Commission Meeting
b. Openings to the service bays shall not face public rights-of-way and shall be
designed to minimize the visual intrusion into adjoining properties.
The proposed use meets this requirement as the existing building has a service
bay that faces westward. The right of way is located to the south of the subject
building.
c. No used or discarded automotive parts or equipment shall be located or stored in
any open area outside of an enclosed building.
The proposed use meets this requirement as the applicant indicated that all work
will be done within the enclosed building.
d. No outside storage of stock, equipment or residual used equipment.
The proposed use meets this requirement. The site and floor plans did not
indicate any outside storage of stock, equipment or any other type of equipment.
e. All disabled vehicles shall be stored in an area which is screened from view from
the surrounding properties and adjoining streets.
The disable vehicles will be stored away from view from the surrounding
properties and adjoining streets
f. Shall not locate within 330 feet of any single-family detached dwelling.
The proposed use meets this requirement, as the subject building is located
greater than 330 feet from single-family detached dwelling.
g. The installation and use of an outside public address or bell system is prohibited.
The proposed use meets this requirement as the applicant has indicated no
outside public address or bell system.
The proposed use can be conducted in a manner that is harmonious and compatible
with existing surrounding land uses as there are similar uses on the site and all distance
separation requirements have been met. Staff recommends approval with conditions. If
this Special Use Permit application is denied, only an Auto Repair Garage, Minor is
permitted by right in accordance with the Town Center Development Standards Manual.
RG
SUP-67951 [PRJ-67746]
Staff Report Page Three
January 10, 2017 - Planning Commission Meeting
FINDINGS (SUP-67951)
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.
2.
The subject site is physically suitable for the type and intensity of land use
proposed.
The subject site is physically suitable for the type and intensity of land use
proposed. The subject site contains adequate parking for this type of use.
3.
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 use will be subject to final building permit inspections. An annual
review of the Special Use Permit will be conducted to ensure site and business
license compliance.
5.
The use meets all of the applicable conditions per Title 19.12 and Town
Center Development Standards Manual.
The proposed Auto Repair Garage, Major use meets all of the applicable
conditions of Title 19.12 and Town Center Development Standards Manual.
RG
SUP-67951 [PRJ-67746]
Staff Report Page Four
January 10, 2017 - 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
12/07/98
Center) on the subject property as part of a larger request.
RG
SUP-67951 [PRJ-67746]
Staff Report Page Five
January 10, 2017 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was conducted with the applicant. The
applicant was informed that in the GC-TC (General Commercial
11/15/16
Town Center) land use designation allows for an Auto Repair Garage,
Major use with a Special Use Permit application approval.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
12/05/16
A field check was conducted by staff and observed that the subject
suite is currently vacant and the building is well maintained.
Surrounding
Property
Subject
Property
North
Existing Land
Use Per Title
19.12
Shopping Center
Electric Utility
Substation
Planned or Special
Land Use
Designation
GC (General
Commercial Town
Center)
SX-TC (Suburban
Mixed-Use Town
Center)
Existing Zoning
District
T-C (Town Center)
RG
SUP-67951 [PRJ-67746]
Staff Report Page Six
January 10, 2017 - Planning Commission Meeting
Surrounding
Property
South
East
West
Existing Land
Use Per Title
19.12
Undeveloped
Auto Parts
(Accessory
Installation)
Single Family,
Detached
Undeveloped
Planned or Special
Land Use
Designation
Existing Zoning
District
GC (General
Commercial Town
Center)
R (Rural Density
Residential)
O (Office)
GC (General
Commercial Town
Center)
R-E (Residence
Estates)
P-R (Professional
Offices and Parking)
T-C (Town Center)
Compliance
Y
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Street Name
Azure Drive
Functional
Classification
of Street(s)
Governing
Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Loop Road
Town Center
Development
Standards Manual
94
RG
SUP-67951 [PRJ-67746]
Staff Report Page Seven
January 10, 2017 - Planning Commission Meeting
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Parking
Parking
Gross Floor
Handi
Handi
Use
Parking
Area or
Regula
Regula
Ratio
Number of
r
cappe
r
cappe
Units
d
d
Auto Body
1:200 SF
Paint and
41,564 SF
plus 5
213
Body Repair
spaces
Shop
Auto Repair
1:200 SF
Garage,
3,104 SF
plus 5
21
Minor
spaces
Proposed
1:200 SF
Auto Repair
3,017 SF
plus 5
21
Garage,
spaces
Major
TOTAL SPACES REQUIRED
255
339
Y
Regular and Handicap Spaces
Y
248
7
331
8
Required
Loading Spaces
3
3
Y
RG
SUP-67951
SUP-67951
A 7
A 7 7
SUP-67951 - REVISED
A 7
A 7A 7 7b
77A
7
7 7A 7
A 7 A 7 7
77
777
777
b7777
b
7
7 7 b777
7777
7b 7
777b7
7
SUP-67951
A7
A7
AA
AA7
AA
b
bbA
bbA
77
7A
b777
777
777
7777b
77777A7A7b77/77777777
77777777777777
7777777777777
77777777
77777777777777
77777777777
7777
77777777777A7/77
77777
/7777777
77b
77b77777777!77
777bb
SUP-67951
Discussion
SUBJECT:
ABEYANCE - GPA-66464 - GENERAL PLAN AMENDMENT - PUBLIC HEARING APPLICANT/OWNER: ALEXANDER & ESTHER WHITE LIVING TRUST - For possible
action on a request for a General Plan Amendment FROM: ML (MEDIUM LOW DENSITY
RESIDENTIAL) TO: SC (SERVICE COMMERCIAL) on 1.83 acres at the northeast corner of
Gowan Road and Durango Drive (APN 138-09-201-020), Ward 4 (Anthony) [PRJ-66413]. Staff
recommends DENIAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
16
RECOMMENDATION:
Staff recommends DENIAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - GPA-66464 and ZON-66465 [PRJ-66413]
3. Supporting Documentation - GPA-66464 and ZON-66465 [PRJ-66413]
4. Photo(s) - GPA-66464 and ZON-66465 [PRJ-66413]
5. Justification Letter - GPA-66464 and ZON-66465 [PRJ-66413]
6. Protest/Support Postcards, Letter/Emails and Comment Form for GPA-66464 and ZON66465 [PRJ-66413], Protest Comment Form for GPA-66464, and Letter from Lynn Ratcliffe for
GPA-66464, ZON-66465 [PRJ-66413], GPA-66474 and ZON-66475 [PRJ-66414]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
GPA-66464
ZON-66465
RECOMMENDATION
Staff recommends APPROVAL
Staff recommends DENIAL.
REQUIRED FOR
APPROVAL
GPA-66464
** NOTIFICATION **
NOTICES MAILED
573
APPROVALS
16
PROTESTS
NE
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request to amend applications for a General Plan Amendment from ML
(Medium Low Density Residential) to O (Office), and a Rezoning from U (Undeveloped)
[ML (Medium Low) General Plan Land Use Designation] to O (Office). At this time, there
is no development project associated with the requested changes in land use and
zoning designations.
ANALYSIS
The subject site is a vacant, undeveloped 1.83 acre lot located on the northeast corner
of Gowan Road and Durango Drive. Directly adjacent to the subject site on both the
north and east perimeters are established, detached single family homes zoned R-CL
(Single Family Compact-Lot).
The applicant has amended the General Plan Amendment request from SC (Service
Commercial) to O (Office). With the subject site being located on a corner fronted by a
Major Collector (Gowan Road) and a Primary Arterial (Durango Drive), staff finds the
proposed O (Office) General Plan Designation to be appropriate as the Office category
provides for small lot offices as a buffer between residential and commercial uses. Staff
is recommending approval of this request.
The applicant has also amended the original Rezoning application request from C-1
(Limited Commercial) to O (Office). While the O (Office) zoning district does not permit
Clinics or Rental Stores like the previously proposed C-1 (Limited Commercial) zoning
district did, O (Office) still permits land uses such as Business Schools, Private Country
Clubs, and banks. Staff finds these uses to also be incompatible for residential
adjacency and is recommending denial of the Rezoning request. A more appropriate
zoning district for the subject site would be P-O (Professional Office), which is intended
to allow for office uses in an area which is predominantly residential but because of
traffic and other factors, is no longer suitable for the continuation of low density
residential uses. The P-O (Professional Office) zoning district is designed to be a
transitional zone to allow low intensity administrative and professional offices that
typically have a low volume of direct daily client and/or customer contact.
NE
FINDINGS (GPA-66464)
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.
2.
3.
4.
NE
FINDINGS (ZON-66465)
In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning
Commission or City Council must affirm the following:
1.
2.
The uses which would be allowed on the subject property by approving the
rezoning will be compatible with the surrounding land uses and zoning
districts.
The uses allowed in the proposed O (Office) zoning district would be too intense
for integration with the existing surrounding residential uses.
3.
Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
While the immediate area is predominantly residential, factors, including traffic,
has left the subject site no longer suitable for the continuation of low density
residential uses. While staff agrees with the need for the site to be rezoned, staff
finds the proposed O (Office) zoning district to be too intense for an area that is
predominantly residential.
4.
RECOMMENDATION
Staff is recommending approval of the General Plan Amendment from ML (Medium Low
Density Residential) to O (Office) as the O (Office) category provides a transition
between primary and secondary streets and residential land uses; but staff is
recommending denial of the O (Office) zoning district as staff finds the P-O
(Professional Office) zoning district provides a more appropriate transitional zone in an
area that is predominantly residential.
NE
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a petition to Annex (A-0038-02)
undeveloped property located in various parts of the city under the
02/05/03
provisions of NRS 268.597 No. 1(b) containing approximately 495
acres. The Planning Commission recommended approval. The
Annexation was effective on 02/14/03.
Code Enforcement processed a complaint (#39541) for a huge ticket
03/24/06
buster sign on vacant property located at the northeast corner of
Gowan Road and Durango Drive. The case was closed on 03/29/06.
Code Enforcement processed a complaint (#40017) for trash and
debris against the block walls on vacant property located at the
04/10/06
northeast corner of Gowan Road and Durango Drive. The case was
closed on 05/10/06.
The Planning Commission voted (6-0) to hold GPA-66464 and ZON10/11/16
66465 in abeyance to the January 10, 2017 Planning Commission
meeting.
Pre-Application Meeting
Staff conducted a pre-application meeting via the telephone and
08/18/16
internet to discuss the submittal requirements for a general Plan
Amendment and Rezoning application.
NE
Neighborhood Meeting
Meeting Start Time:
Meeting End Time:
Attendance:
5:30 pm
6:45 pm
27 Members of the Public
3 Representatives from the Ownership
1 Council Ward Staff Member
1 Planning Staff Member
Applicant opened the meeting by stating their proposal for the subject
site and the purpose of the meeting before opening the floor for any
questions or comments.
Concerns:
09/19/16
Neighborhood Meeting
13. Concern was raised about who was notified about
meeting. Staff noted that over 500 owners were notified.
14. Public member asked if they could get a copy of the
minutes. Staff advised to contact the Planning Office.
15. Concerns were raised about similar cases in the area. The
applicant stated that the owners had no knowledge of the other
cases.
16. Complaints were made about how the meeting was run and the
lack of information available. The applicant stated that she was
just following the City protocol.
17. A public member offered to host a separate meeting without the
owner/applicant in order to further discuss the case. The
applicant stated that was fine.
Overall the majority of the public present at the meeting were opposed
to the proposal due to the unknown of what could be placed at the site.
The majority would be more likely to support a residential use.
Field Check
09/01/16
Surrounding
Property
Existing Land
Use Per Title
19.12
Planned or Special
Land Use
Designation
Subject
Property
Undeveloped
ML (Medium Low
Density Residential)
North
Single Family,
Detached
ML (Medium Low
Density Residential)
South
Undeveloped
ML (Medium Low
Density Residential)
Existing Zoning
District
U (Undeveloped) Zone
[ML (Medium Low
Density Residential)
General Plan Land Use
Designation]
R-CL (Single Family
Compact-Lot)
U (Undeveloped) Zone
[ML (Medium Low
Density Residential)
General Plan Land Use
Designation]
NE
Surrounding
Property
East
West
Existing Land
Use Per Title
19.12
Single Family,
Detached
Single Family,
Detached
Planned or Special
Land Use
Designation
ML (Medium Low
Density Residential)
ML (Medium Low
Density Residential)
Existing Zoning
District
R-CL (Single Family
Compact-Lot)
R-CL (Single Family
Compact-Lot)
Street Name
Functional
Classification of
Street(s)
Gowan Road
Major Collector
Durango Drive
Primary Arterial
Governing
Document
Master Plan of
Streets and Highways
Master Plan of
Streets and Highways
Compliance
N/A
Compliance
Y
Y
Compliance
N/A
N/A
N/A
N/A
Actual
Street
Width
(Feet)
Complian
ce with
Street
Section
80
100
NE
GPA-66464
GPA-66464
GPA-66464
GPA-66464
GPA-66464
ABEYANCE - GPA-66464 [PRJ-66413] - GENERAL PLAN AMENDMENT RELATED TO ZON-66465 APPLICANT/OWNER: ALEXANDER & ESTHER WHITE LIVING TRUST
NORTHEAST CORNER OF GOWAN ROAD AND DURANGO DRIVE
12/05/16
ABEYANCE - GPA-66464 [PRJ-66413] - GENERAL PLAN AMENDMENT RELATED TO ZON-66465 APPLICANT/OWNER: ALEXANDER & ESTHER WHITE LIVING TRUST
NORTHEAST CORNER OF GOWAN ROAD AND DURANGO DRIVE
12/05/16
ABEYANCE - GPA-66464 [PRJ-66413] - GENERAL PLAN AMENDMENT RELATED TO ZON-66465 APPLICANT/OWNER: ALEXANDER & ESTHER WHITE LIVING TRUST
NORTHEAST CORNER OF GOWAN ROAD AND DURANGO DRIVE
12/05/16
b777
7
777
77
7777777b777
7
A77777-777777b7777777
777777777-77777777
777777777777777777
77777777777777777
77777777777777777
7777777-77777777777
777777-777777
7
7
Discussion
SUBJECT:
ABEYANCE - ZON-66465 - REZONING RELATED TO GPA-66464 - PUBLIC HEARING APPLICANT/OWNER: ALEXANDER & ESTHER WHITE LIVING TRUST - For possible
action on a request for a Rezoning FROM: U (UNDEVELOPED) ZONE [ML (MEDIUM LOW
DENSITY RESIDENTIAL) GENERAL PLAN DESIGNATION] TO: C-1 (LIMITED
COMMERCIAL) Zone on 1.83 acres at the northeast corner of Gowan Road and Durango Drive
(APN 138-09-201-020), Ward 4 (Anthony) [PRJ-66413]. Staff recommends DENIAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
16
RECOMMENDATION:
Staff recommends DENIAL
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
4. Protest Comment Form
ZON-66465
ZON-66465
ZON-66465
ZON-66465
Discussion
SUBJECT:
ABEYANCE - GPA-66474 - GENERAL PLAN AMENDMENT - PUBLIC HEARING APPLICANT/OWNER: ALEXANDER & ESTHER WHITE LIVING TRUST - For possible
action on a request for a General Plan Amendment FROM: ML (MEDIUM LOW DENSITY
RESIDENTIAL) TO: SC (SERVICE COMMERCIAL) on 1.83 acres at the southeast corner of
Gowan Road and Durango Drive (APN 138-09-301-001), Ward 4 (Anthony) [PRJ-66414]. Staff
recommends DENIAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
13
RECOMMENDATION:
Staff recommends DENIAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - GPA-66474 and ZON-64475 [PRJ-66414]
3. Supporting Documentation - GPA-66474 and ZON-64475 [PRJ-66414]
4. Photo(s) - GPA-66474 and ZON-64475 [PRJ-66414]
5. Justification Letter - GPA-66474 and ZON-64475 [PRJ-66414]
6. Protest Postcard - GPA-66474 and ZON-66475 [PRJ-66414]
7. Protest Postcards/Letter/Emails/Comment Forms for GPA-66474 and ZON-66475 [PRJ66414] and Protest Comment Form for GPA-66474
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
GPA-66474
ZON-66475
RECOMMENDATION
Staff recommends APPROVAL.
Staff recommends DENIAL.
REQUIRED FOR
APPROVAL
GPA-66474
** NOTIFICATION **
NOTICES MAILED
561
APPROVALS
PROTESTS
13
NE
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request to amend applications for a General Plan Amendment from ML
(Medium Low Density Residential) to O (Office), and a Rezoning from U (Undeveloped)
[ML (Medium Low) General Plan Land Use Designation] to O (Office). At this time, there
is no development project associated with the requested changes in land use and
zoning designations.
ANALYSIS
The subject site is a vacant, undeveloped 1.83 acre lot located on the southeast corner
of Gowan Road and Durango Drive. Directly adjacent to the subject site along the east
perimeter are established, detached single family homes zoned R-CL (Single Family
Compact-Lot); and north of the subject site are condominiums zoned R-PD10
(Residential Planned Development 10 Units Per Acre).
The applicant has amended the General Plan Amendment request from SC (Service
Commercial) to O (Office). With the subject site being located on a corner fronted by a
Major Collector (Gowan Road) and a Primary Arterial (Durango Drive), staff finds the
proposed O (Office) General Plan Designation to be appropriate as the Office category
provides for small lot offices as a buffer between residential and commercial uses. Staff
is recommending approval of this request.
The applicant has also amended the original Rezoning application request from C-1
(Limited Commercial) to O (Office). While the O (Office) zoning district does not permit
Clinics or Rental Stores like the previously proposed C-1 (Limited Commercial) zoning
district did, O (Office) still permits land uses such as Business Schools, Private Country
Clubs, and banks. Staff finds these uses to also be incompatible for residential
adjacency and is recommending denial of the Rezoning request. A more appropriate
zoning district for the subject site would be P-O (Professional Office), which is intended
to allow for office uses in an area which is predominantly residential but because of
traffic and other factors, is no longer suitable for the continuation of low density
residential uses. The P-O (Professional Office) zoning district is designed to be a
transitional zone to allow low intensity administrative and professional offices that
typically have a low volume of direct daily client and/or customer contact.
NE
FINDINGS (GPA-66474)
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.
2.
3.
4.
NE
FINDINGS (ZON-66475)
In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning
Commission or City Council must affirm the following:
1.
2.
The uses which would be allowed on the subject property by approving the
rezoning will be compatible with the surrounding land uses and zoning
districts.
The uses allowed in the proposed O (Office) zoning district would be too intense
for integration with the existing surrounding residential uses.
3.
Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
While the immediate area is predominantly residential, factors, including traffic,
has left the subject site no longer suitable for the continuation of low density
residential uses. While staff agrees with the need for the site to be rezoned, staff
finds the proposed O (Office) zoning district to be too intense for an area that is
predominantly residential.
4.
RECOMMENDATION
Staff is recommending approval of the General Plan Amendment from ML (Medium Low
Density Residential) to O (Office) as the O (Office) category provides a transition
between primary and secondary streets and residential land uses; but staff is
recommending denial of the O (Office) zoning district as staff finds the P-O
(Professional Office) zoning district provides a more appropriate transitional zone in an
area that is predominantly residential.
NE
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a petition to Annex (A-0038-02)
undeveloped property located in various parts of the City under the
02/05/03
provisions of NRS 268.597 No. 1(b) containing approximately 495
acres. The Planning Commission recommended approval, and the
annexation was effective on 02/14/03.
Code Enforcement processed a complaint (#40360) for a dirt berm on
the southeast corner of Gowan Road and Durango Drive that possibly
12/19/03
creates a visibility issue for vehicular traffic. The case was resolved on
02/11/04.
Code Enforcement processed a complaint (#40360) for trash and
04/18/06
debris on the southeast corner of Gowan Road and Durango Drive.
The case was resolved on 05/10/06.
The Planning Commission voted (6-0) to hold GPA-66474 and ZON10/11/16
66475 in abeyance to the January 10, 2017 Planning Commission
meeting.
Pre-Application Meeting
Staff conducted a pre-application meeting via the telephone and
08/18/16
internet to discuss the submittal requirements for a general Plan
Amendment and Rezoning application.
NE
Neighborhood Meeting
Meeting Start Time:
Meeting End Time:
Attendance:
5:30 pm
6:45 pm
27 Members of the Public
3 Representatives from the Ownership
1 Council Ward Staff Member
1 Planning Staff Member
Applicant opened the meeting by stating their proposal for the subject
site and the purpose of the meeting before opening the floor for any
questions or comments.
Concerns:
09/19/16
NE
Neighborhood Meeting
12. Concerns were raised about the process of the application. The
applicant reviewed the steps before a final decision would be
made.
13. Concern was raised about who was notified about
meeting. Staff noted that over 500 owners were notified.
14. Public member asked if they could get a copy of the
minutes. Staff advised to contact the Planning Office.
15. Concerns were raised about similar cases in the area. The
applicant stated that the owners had no knowledge of the other
cases.
16. Complaints were made about how the meeting was run and the
lack of information available. The applicant stated that she was
just following the City protocol.
17. A public member offered to host a separate meeting without the
owner/applicant in order to further discuss the case. The
applicant stated that was fine.
Overall the majority of the public present at the meeting were opposed
to the proposal due to the unknown of what could be placed at the site.
The majority would be more likely to support a residential use.
Field Check
09/01/16
Surrounding
Property
Subject
Property
Existing Land
Use Per Title
19.12
Undeveloped
Planned or Special
Land Use
Designation
Existing Zoning
District
ML (Medium Low
Density Residential)
U (Undeveloped) Zone
[ML (Medium Low
Density Residential)
General Plan
Designation]
NE
Surrounding
Property
North
South
East
West
Existing Land
Use Per Title
19.12
Planned or Special
Land Use
Designation
Existing Zoning
District
Undeveloped
ML (Medium Low
Density Residential)
U (Undeveloped) Zone
[ML (Medium Low
Density Residential)
General Plan
Designation]
Single Family,
Attached
Single Family,
Detached
City Park
ML (Medium Low
Density Residential)
ML (Medium Low
Density Residential)
PR-OS
R-PD10 (Residential
R-CL (Single-Family
Compact-Lot)
C-V (Civic)
Street Name
Functional
Classification of
Street(s)
Gowan Road
Major Collector
Durango Drive
Primary Arterial
Governing
Document
Master Plan of Streets
and Highways
Master Plan of Streets
and Highways
Compliance
N/A
Compliance
Y
Y
Compliance
N/A
N/A
N/A
N/A
Actual
Street
Width
(Feet)
Complian
ce with
Street
Section
80
100
NE
GPA-66474
GPA-66474
GPA-66474
GPA-66474
GPA-66474
ABEYANCE - GPA-66474 [PRJ-66414] - GENERAL PLAN AMENDMENT RELATED TO ZON-66475 APPLICANT/OWNER: ALEXANDER & ESTHER WHITE LIVING TRUST
SOUTHEAST CORNER OF GOWAN ROAD AND DURANGO DRIVE
12/05/16
ABEYANCE - GPA-66474 [PRJ-66414] - GENERAL PLAN AMENDMENT RELATED TO ZON-66475 APPLICANT/OWNER: ALEXANDER & ESTHER WHITE LIVING TRUST
SOUTHEAST CORNER OF GOWAN ROAD AND DURANGO DRIVE
12/05/16
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77777777777777777
7777777-77777777777
777777-777777
7
7
Discussion
SUBJECT:
ABEYANCE - ZON-66475 - REZONING RELATED TO GPA-66474 - PUBLIC HEARING APPLICANT/OWNER: ALEXANDER & ESTHER WHITE LIVING TRUST - For possible
action on a request for a Rezoning FROM: U (UNDEVELOPED) ZONE [ML (MEDIUM LOW
DENSITY RESIDENTIAL) GENERAL PLAN DESIGATION] TO: C-1 (LIMITED
COMMERCIAL) Zone on 1.83 acres at the southeast corner of Gowan Road and Durango Drive
(APN 138-09-301-001), Ward 4 (Anthony) [PRJ-66414]. Staff recommends DENIAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
13
RECOMMENDATION:
Staff recommends DENIAL
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
4. Protest Comment Form
ZON-66475
ZON-66475
ZON-66475
ZON-66475
Discussion
SUBJECT:
ZON-67938 - REZONING - PUBLIC HEARING - APPLICANT/OWNER: DEER SPRINGS
VILLAGE, LLC - For possible action on a request for a Rezoning FROM: R-E (RESIDENCE
ESTATES) TO: C-1 (LIMITED COMMERCIAL) on 0.36 acres on the north side of Clark
County 215, approximately 360 feet east of Hualapai Way (APN 125-19-301-010), Ward 6
(Ross) [PRJ-66309]. Staff recommends APPROVAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - ZON-67938, VAR-66443, SUP-66444, SUP-66445, SUP66446, SDR-66447 VAC-67939 and TMP-67490 [PRJ-66309]
3. Supporting Documentation - ZON-67938, VAR-66443, SUP-66444, SUP-66445, SUP66446, SDR-66447 VAC-67939 and TMP-67490 [PRJ-66309]
4. Photo(s) - ZON-67938, VAR-66443, SUP-66444, SUP-66445, SUP-66446, SDR-66447
VAC-67939 and TMP-67490 [PRJ-66309]
5. Justification Letter - ZON-67938, VAR-66443, SUP-66444, SUP-66445, SUP-66446, SDR66447 VAC-67939 and TMP-67490 [PRJ-66309]
6. Support Postcard
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
ZON-67938
VAR-66443
SUP-66444
RECOMMENDATION
Staff recommends APPROVAL.
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:
SUP-66445
SUP-66446
SDR-66447
VAC-67939
TMP-67940
REQUIRED FOR
APPROVAL
ZON-67938
ZON-67938
VAR-66443
ZON-67938
VAR-66443
SUP-66444
ZON-67938
VAR-66443
SUP-66444
SUP-66445
ZON-67938
VAR-66443
SUP-66444
SUP-66445
SUP-66446
ZON-67938
VAR-66443
SUP-66444
SUP-66445
SUP-66446
SDR-66447
ZON-67938
VAR-66443
SUP-66444
SUP-66445
SUP-66446
SDR-66447
VAC-67939
SS
** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
30 - ZON-67938
33 - VAR-66443, SUP-66444 and
SUP-66445, SUP-66446 and
SDR-66447
32 - VAC-67939
35 - TMP-67940
NOTICES MAILED
94 - ZON-67938
253 - VAR-66443 and SUP-66444
253 - SUP-66445 and SUP-66446
253 - SDR-66447
6 - VAC-67939
178 - TMP-67940
APPROVALS
1 - ZON-67938
2 - VAR-66443 and SUP-66444
1- SUP-66445 and SUP-66446
3 - SDR-66447
0 - VAC-67939
0 - TMP-67940
PROTESTS
0 - ZON-67938
13 - VAR-66443 and SUP-66444
25 - SUP-66445
24 - SUP-66446
13 - SDR-66447
0 - VAC-67939
1 - TMP-67940
SS
** CONDITIONS **
VAR-66443 CONDITIONS
Planning
1.
2.
This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
3.
All necessary building permits shall be obtained and final inspections shall be
completed in compliance with Title 19 and all codes as required by the Department
of Building and Safety.
4.
These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit.
5.
All City Code requirements and design standards of all City departments must be
satisfied, except as modified herein.
SUP-66444 CONDITIONS
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Car
Wash, Full Service use.
2.
3.
This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
4.
All necessary building permits shall be obtained and final inspections shall be
completed in compliance with Title 19 and all codes as required by the Department
of Building and Safety.
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit, as well as submitted as part of any business license
application.
6.
All City Code requirements and design standards of all City departments must be
satisfied, except as modified herein.
SUP-66445 CONDITIONS
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Liquor
Establishment (Tavern) use.
2.
3.
This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
4.
All necessary building permits shall be obtained and final inspections shall be
completed in compliance with Title 19 and all codes as required by the Department
of Building and Safety.
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit, as well as submitted as part of any business license
application.
SS
6.
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.
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.
SUP-66446 CONDITIONS
Planning
1.
2.
3.
This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
4.
All necessary building permits shall be obtained and final inspections shall be
completed in compliance with Title 19 and all codes as required by the Department
of Building and Safety.
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit, as well as submitted as part of any business license
application.
6.
Approval of this Special Use Permit does not constitute approval of a liquor
license.
SS
7.
This business shall operate in conformance to Chapter 6.50 of the City of Las
Vegas Municipal Code.
8.
All City Code requirements and design standards of all City departments must be
satisfied, except as modified herein.
SDR-66447 CONDITIONS
Planning
1.
2.
This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
3.
All development shall be in conformance with the site plan and landscape plan,
date stamped 12/13/16, building elevations, date stamped 11/08/16 and floor
plans, date stamped 08/25/16 and 11/08/16 except as amended by conditions
herein.
4.
5.
6.
A Waiver from 19.08.040(B)(4) is hereby approved, to allow a single car wash bay
to face a public right-of-way (Deer Springs Way) where such is not allowed.
7.
SS
8.
Parking areas shall be screened from adjacent roadways by a low wall or berm
with a maximum height of 30 inches, a solid living hedge of approximately 36
inches or some other screening method as approved by the Department of
Planning. The site plan and landscape plan shall be revised to indicate how the
parking area will be screened.
9.
All necessary building permits shall be obtained and final inspections shall be
completed in compliance with Title 19 and all codes as required by the Department
of Building and Safety.
10. These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit.
11. 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.
12. A technical landscape plan, signed and sealed by a Registered Architect,
Landscape Architect, Residential Designer or Civil Engineer, must be submitted
prior to or at the same time application is made for a building permit. A permanent
underground sprinkler system is required, and shall be permanently maintained in
a satisfactory manner; the landscape plan shall include irrigation specifications.
Installed landscaping shall not impede visibility of any traffic control device. The
technical landscape plan shall include the following changes from the conceptual
landscape plan:
A. Provide 24-inch box shade trees within the proposed amenity zone along Deer
Springs Way a maximum of 40 feet on center in conformance with Complete
Streets Standards.
B. Provide 24-inch box shade trees within the proposed amenity zone along
Hualapai Way a maximum of 45 feet on center in conformance with Complete
Streets Standards.
C. Provide four (4) additional 24-inch box trees in the proposed perimeter
landscape buffer along the north property line, for a total of 19 trees. Provide
four (4) five-gallon shrubs per required tree.
D. Provide four (4) additional 24-inch box trees in the proposed perimeter
landscape buffer along the south property line, for a total of 19 trees. Provide
four (4) five-gallon shrubs per required tree.
13. A fully operational fire protection system, including fire apparatus roads, fire
hydrants and water supply, shall be installed and shall be functioning prior to
construction of any combustible structures.
SS
14. All City Code requirements and design standards of all City Departments must be
satisfied, except as modified herein.
Public Works
15. Dedicate 40 feet of right-of-way adjacent to this site for those portions of Deer
Springs Way not previously dedicated and appropriate right-of-way for the north
half of Inyo Avenue and the northern half of the Inyo Avenue cul-de-sac prior to
issuance of building permits for this site. Additionally, dedicate a 35-foot radius
with a Traffic Signal Chord Easement at the southeast corner or Hualapai Way and
Deer Springs Way. Also dedicate additional right-of-way per Standard Drawing
#201.1 on Hualapai Way and Deer Springs Way, including an exclusive right turn
lane on Hualapai Way prior to the issuance of building permits for this site.
16. Grant pedestrian access easements for all public sidewalks located outside of the
public right-of-way prior to issuance of building permits for this site.
17. Construct all half-street improvements on Hualapai Way and Deer Springs Way
per current City Standards and matching improvements to the east on Deer
Springs including traffic signal underground infrastructure at the southeast corner
of Hualapai Way and Deer Springs Way adjacent to this site. All existing off-site
improvements damaged or removed by this development shall be restored at its
original location and to its original width concurrent with development of this site.
The design of improvements on Hualapai Way must meet the approval of the City
Traffic Engineer. Improvements for the Inyo Avenue cul-de-sac may be deferred to
be concurrent with the adjacent onsite development activities.
18. Any public sewer built to service this site must be in public right-of-way or in a 20foot Public Sewer Easement. No permanent structures or landscaping taller than
three feet shall be allowed within any Public Sewer Easement.
19. Submit a License Agreement to the City of Las Vegas for all landscaping and
private improvements in the Hualapai Way and Deer Springs Way public rights-ofway adjacent to this site. The applicant must carry an insurance policy for the term
of the License Agreement and add the City of Las Vegas as an additionally insured
entity on this insurance policy. If requested by the City, the applicant shall remove
property encroaching in the public right-of-way at the applicant's expense pursuant
to the terms of the City's License Agreement. The installation and maintenance of
all private improvements in the public right-of-way shall be the responsibility of the
applicant and any successors in interest to the property and assigns pursuant to
the terms of the License Agreement. Coordinate all requirements for the License
Agreement with the Land Development Section of the Department of Building and
Safety (702-229-4836).
SS
20. A Traffic Impact Analysis must be submitted to and approved by the Department of
Public Works prior to the issuance of any building or grading permits, submittal of
any construction drawings or the recordation of a Map subdividing this site,
whichever may occur first. Comply with the recommendations of the approved
Traffic Impact Analysis prior to occupancy of the site. The Traffic Impact Analysis
shall also include a section addressing Standard Drawings #234.1 #234.2 and
#234.3 to determine additional right-of-way requirements for bus turnouts adjacent
to this site, if any; dedicate all areas recommended by the approved Traffic Impact
Analysis. All additional rights of way required by Standard Drawing #201.1 for
exclusive right turn lanes and dual left turn lanes shall be dedicated prior to or
concurrent with the commencement of on site development activities unless
specifically noted as not required in the approved Traffic Impact Analysis. Phased
compliance will be allowed if recommended by the approved Traffic Impact
Analysis. No recommendation of the approved Traffic Impact Analysis, nor
compliance therewith, shall be deemed to modify or eliminate any condition of
approval imposed by the Planning Commission or the City Council on the
development of this site.
21. 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.
22. Comply with all applicable conditions of approval of Tentative Map TMP-67940 and
any other site related actions.
VAC-67939 CONDITIONS
1.
The limits of this Petition of Vacation shall be the Citys interest in U.S.
Government Patent Easements located on Assessor Parcel Numbers 125-19-301002 and 125-19-301-003 generally located south of Deer Springs Way and east of
Hualapai Way and the Right-of-Way access easement granted by Document
#20141208:01625.
SS
2.
3.
All public improvements, if any, adjacent to and in conflict with this vacation
application are to be modified, as necessary, at the applicant's expense prior to the
recordation of an Order of Vacation.
4.
5.
The Order of Relinquishment of Interest shall not be recorded until all of the
conditions of approval have been met provided, however, the conditions requiring
modification of public improvements may be fulfilled for purposes of recordation by
providing sufficient security for the performance thereof in accordance with the
Subdivision Ordinance of the City of Las Vegas. City Staff is empowered to modify
this application if necessary because of technical concerns or because of other
related review actions as long as current City right-of-way requirements are still
complied with and the intent of the vacation application is not changed. If
applicable, a five foot wide easement for public streetlight and fire hydrant
purposes shall be retained on all vacation actions abutting public street corridors
that will remain dedicated and available for public use. Also, if applicable and
where needed, public easement corridors and sight visibility or other easements
that would/should cross any right-of-way being vacated must be retained.
6.
If the Order of Relinquishment of Interest is not recorded within one (1) year after
approval by the City of Las Vegas or an Extension of Time is not granted by the
Planning Director, then approval will terminate and a new petition must be
submitted.
TMP-67940 CONDITIONS
Planning
1.
The approval for the previous Tentative Map (TMP-64814) on this site shall be
expunged upon final approval.
SS
2.
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.
3.
4.
A fully operational fire protection system, including fire apparatus roads, fire
hydrants and water supply, shall be installed and shall be functioning prior to
construction of any combustible structures.
5.
In conjunction with creation, declaration and recordation of the subject commoninterest community, and prior to recordation of the Covenants, Codes and
Restrictions (CC&R), or conveyance of any unit within the community, the
Developer is required to record a Declaration of Private Maintenance
Requirements (DPMR) as a covenant on all associated properties, and on behalf
of all current and future property owners. The DPMR is to include a listing of all
privately owned and/or maintained infrastructure improvements, along with
assignment of maintenance responsibility for each to the common interest
community or the respective individual property owners, and is to provide a brief
description of the required level of maintenance for privately maintained
components. The DPMR must be reviewed and approved by the City of Las Vegas
Department of Field Operations prior to recordation, and must include a statement
that all properties within the community are subject to assessment for all
associated costs should private maintenance obligations not be met, and the City
of Las Vegas be required to provide for said maintenance. Also, the CC&R are to
include a statement of obligation of compliance with the DPMR. Following
recordation, the Developer is to submit copies of the recorded DPMR and CC&R
documents to the City of Las Vegas Department of Field Operations.
6.
The Final Map shall contain a note granting perpetual common access and parking
across the entire subdivision.
7.
8.
SS
9.
Dedicate 40 feet of right-of-way adjacent to this site for those portions of Deer
Springs Way not previously dedicated and appropriate right-of-way for the north
half of Inyo Avenue and the northern half of the Inyo Avenue cul-de-sac on the
Final Map for this site. Additionally, dedicate a 35-foot radius with a Traffic Signal
Chord Easement at the southeast corner or Hualapai Way and Deer Springs Way.
Also dedicate additional right-of-way per Standard Drawing #201.1 on Hualapai
Way and Deer Springs Way, including an exclusive right turn lane on Hualapai
Way prior to the recordation of the Final Map for this site.
10. Grant public Pedestrian Access Easements for all public sidewalks located outside
of the public right-of-way.
11. Construct all half-street improvements on Hualapai Way and Deer Springs Way
per current City Standards and matching improvements to the east on Deer
Springs including traffic signal underground infrastructure at the southeast corner
of Hualapai Way and Deer Springs Way adjacent to this site. All existing off-site
improvements damaged or removed by this development shall be restored at its
original location and to its original width concurrent with development of this site.
The design of improvements on Hualapai Way must meet the approval of the City
Traffic Engineer. Improvements for the Inyo Avenue cul-de-sac may be deferred to
be concurrent with the adjacent onsite development activities.
12. Prior to the recordation of a Final Map for this site, submit all required
documentation and support materials to the Right of Way Section of the
Department of Public Works for a Bureau of Land Management (BLM) Grant
application to obtain a grant for the south side of the Inyo Avenue cul-de-sac on
Assessor's Parcel #125 19-301-012. This Final Map may record without the grant
being authorized; however no construction on Assessors Parcel #125-19-301-012
may occur until the grant is authorized by BLM and recorded by the Right-of-Way
section of the Department of Public Works. The developer must submit the BLM
application to the City for review prior to submitting to BLM for authorization. If the
BLM Grant application is submitted, but no activity has occurred toward obtaining
the grant within one year of the submittal of the BLM application, the City will make
best efforts to contact the applicant and request a project status report; however if
a project status cannot be determined, the City may withdraw the grant application.
If the City withdraws the application, a brand new grant application will be required
when it is determined that efforts are being made toward obtaining the grant.
Additionally, the applicant must accept responsibility for all stipulations required by
the BLM in the offer of the grant made to the City. The off-site improvement
agreement must include a section addressing the acceptance of the BLM grant
stipulations prior to the Citys acceptance of the BLM grant.
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13. 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.
14. The onsite sewer shall be per Title 19.16.060.W. 2.a and a note shall appear on
the face of the recorded Final Map such as: This site is serviced through a public
sewer, with a minimum of eight inches or larger, located within dedicated public
sewer easements which are a minimum of twenty feet wide.
15. 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.
16. Submit a License Agreement to the City of Las Vegas for all landscaping and
private improvements in the Hualapai Way and Deer Springs Way public rights-ofway adjacent to this site. The applicant must carry an insurance policy for the term
of the License Agreement and add the City of Las Vegas as an additionally insured
entity on this insurance policy. If requested by the City, the applicant shall remove
property encroaching in the public right-of-way at the applicant's expense pursuant
to the terms of the City's License Agreement. The installation and maintenance of
all private improvements in the public right-of-way shall be the responsibility of the
applicant and any successors in interest to the property and assigns pursuant to
the terms of the License Agreement. Coordinate all requirements for the License
Agreement with the Land Development Section of the Department of Building and
Safety (702-229-4836).
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. The drainage study required
by SDR-66447 may be used to satisfy this condition.
18. Prior to the recordation of this Final Map, all requirements must be complied with
or such future compliance must be guaranteed by an approved performance
security method(s) in accordance with Unified Development Code sections
19.02.130.C and 19.02.130.E.
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19. The approval of all Public Works related improvements shown on this Tentative
Map is in concept only. Specific design and construction details relating to size,
type and/or alignment of improvements, including but not limited to street, sewer
and drainage improvements, shall be resolved prior to approval of the construction
plans by the City. No additional deviations from adopted City Standards shall be
allowed unless specific written approval for such is received from the City Engineer
prior to the recordation of a Final Map or the approval of subdivision related
construction plans, whichever may occur first. Approval of this Tentative Map does
not constitute approval of any deviations. If such approval cannot be obtained, a
revised Tentative Map must be submitted showing elimination of such deviations.
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** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting to develop a shopping center on 9.63 acres of undeveloped
land at the southeast corner of Deer Springs Way and Hualapai Way. The center would
be anchored by a grocery store and have three in-line multitenant buildings. A corner
convenience store with fuel pumps and an additional pad site are also proposed. The
applications were held in abeyance at the request of the applicant in order to revise the
site plan and landscape plan. As a result, the waiver request to allow five-foot perimeter
landscape buffers along the north and west property lines is no longer needed.
However, an additional parcel was also added to the project during this time, requiring a
Rezoning, Vacation and new tentative map and thereby requiring renotification of all
applications for the public hearing.
ISSUES
At the applicants request, the Variance, three Special Use Permits and Site
Development Plan Review were abeyed to the 01/10/17 Planning Commission
meeting in order to submit applications for a Rezoning, Vacation and Tentative Map
related to this site. The previously approved Tentative Map (TMP-64814) will be
expunged upon final approval.
The applicant has added a newly annexed parcel (APN 125-19-301-010) to the
request. This parcel needs to be rezoned to match the associated parcels. The
addition of this parcel also triggers the need for a Vacation of access and patent
easements and a new tentative map.
The previously requested Waiver to allow a five-foot perimeter landscape buffer
along a portion of the west property line and a five-foot perimeter landscape buffer
along a portion of the north property line where 15 feet is required is no longer
needed, as the applicant has submitted revised site and landscape plans that
indicate 15-foot buffer widths. The redesign reduced the amount of parking
provided, but the overall site will remain in conformance with Title 19 parking
requirements.
A trash enclosure that had been located in direct view of the Deer Springs way rightof-way was relocated behind the proposed car wash vacuum bays and screened by
landscaping to conform to Title 19 commercial development standards.
The applicant has requested a Rezoning from R-E (Residence Estates) to C-1
(Limited Commercial) on a triangular piece of land at the southeast portion of the
site. Staff recommends approval.
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Approval of a Variance is necessary to allow a 15-foot rear yard setback for the
Shops A building where 20 feet is required. Staff recommends denial of the
Variance request.
A Waiver has been requested to allow a zero-foot perimeter landscape buffer along
a portion of the east property line where eight feet is required This design is in
anticipation of connecting this site to a future commercial site on the adjacent lot,
which is part of the same proposed commercial subdivision. Staff recommends
denial of the associated Waiver.
A Waiver is required to allow a six-foot perimeter landscape buffer along a portion of
the south property line where 15 feet is required. Staff recommends denial of the
waiver.
A Waiver is required to allow buildings to not be oriented to the corner and street
frontages where such is required. Staff recommends denial of the waiver.
A Waiver is required to allow car wash bays to face a public right-of-way (Deer
Springs Way) where such is not allowed. Staff recommends denial of the waiver.
An Exception is required to allow 107 parking lot trees where 119 trees and
accompanying shrubs are required. Staff recommends denial of the Exception.
Additional trees are required within the perimeter landscape buffers. An Exception
was not requested. A condition of approval addresses this deficiency, which is due
to spacing trees too far apart.
A Car Wash, Full Service use is permitted in the C-1 (Limited Commercial) zoning
district with approval of a Special Use Permit.
A Liquor Establishment (Tavern) use is permitted in the C-1 (Limited Commercial)
zoning district with approval of a Special Use Permit. A Waiver to allow a 339-foot
distance separation from a school where 1,500 feet is required has been requested.
Staff recommends that the waiver be denied.
A Beer/Wine/Cooler Off-Sale use is permitted in the C-1 (Limited Commercial)
zoning district with approval of a Special Use Permit.
A Grocery Store with Alcohol is a conditional use in the C-1 (Limited Commercial)
zoning district. All conditions can be met by the proposed use.
A Drive-Through is a conditional use in the C-1 (Limited Commercial) zoning district.
All conditions can be met by the proposed use.
Two parking rows face the perimeter streets. Per Title 19.08.110, these rows must
be screened from adjacent roadways in a manner acceptable to the Department of
Planning. A condition of approval addresses this.
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ANALYSIS
Development within this site is subject to the requirements of LVMC Title 19, specifically
19.08 Commercial Development Standards and C-1 (Limited Commercial) zoning
district standards and 19.12 regarding permitted uses. Several changes were made to
the site and landscape plans to bring certain aspects of these plans into conformance
with Title 19. The applicant has acquired the triangular shaped parcel between the
original site and the drainage channel along Clark County 215. The additional space is
proposed to be used for parking and a truck turnaround. The portions of the north and
west perimeter buffers that were less than 15 feet were widened to 15 feet. In order to
free up additional area for these buffers, some parking spaces were eliminated, one
drive aisle was narrowed and the sidewalk adjacent to Shops C was narrowed. The
pad site proposed along Deer Springs Way was removed and replaced with additional
parking. In addition, the proposed grocery store was reduced in size to 57,584 square
feet. The additional changes have been renotified to the public.
The site is located at the intersection of two major streets (Hualapai Way and Deer
Springs Way), both of which will be improved adjacent to the development. Freeway
access to Clark County 215 is available at the Hualapai Way interchange. Parcels are
undeveloped in every direction from the site. The Providence Master Planned
Community is located to the west, an undeveloped property zoned for commercial uses
is located to the east, the Clark County 215 Beltway right-of-way is located to the south,
and undeveloped low density residential parcels in both the City and County
jurisdictions are located to the north of Deer Springs Way.
A General Plan Amendment (GPA-64811) to change the land use designation to SC
(Service Commercial) and a Rezoning (ZON-64812) to C-1 (Limited Commercial) on
Assessors Parcel Number 125-19-301-001 were approved by the City Council on
09/07/16, as well as a two-lot Tentative Map (TMP-64814) for a commercial subdivision
that spans this site and the lot to the east of this site. This commercial development is
proposed on the westernmost commercial lot only. A final map must still be recorded to
consolidate the existing parcels that make up this property. Improvements on Inyo
Avenue were deferred until the time of development through the approved Tentative
Map (TMP-64814). A new tentative map is proposed that will include APN 125-19-301010. This map will replace the TMP-64814 approval.
Rezoning
The 0.36-acre triangular shaped parcel of land (APN 125-19-301-010) was recently
added to the site plan to allow for additional parking and truck turnaround area. At the
time of annexation, this parcel was brought into the city with a General Plan designation
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of SC (Service Commercial) as the most appropriate future land use based on existing
zoning and land uses. Tucked between Clark County 215 and the two five-acre subject
parcels, this parcel is appropriate for commercial uses. Staff recommends approval of
the Rezoning.
Use Definitions and Conditions per LVMC Title 19
Grocery Store With Alcohol
A Grocery Store is defined by Title 19.18 as A business establishment which occupies
all of the business premises of a building or a portion of the business premises of a
building which is segregated physically or spatially from the rest of the business
premises, and which contains more than five thousand square feet of floor space,
exclusive of warehouse and office space, for the display and sale of foodstuffs, whether
fresh, frozen, canned or packaged, and may include the sales of other products,
including non-food items, alcoholic beverages (if licensed by the City for the sale of
alcoholic beverages) and pharmaceuticals, provided the sale of such pharmaceuticals is
incidental to the primary business of selling products other than pharmaceuticals. The
proposed grocery store would be located on the east side of the lot, would contain
57,884 square feet and sell alcoholic beverages in the form of beer, wine and packaged
liquor.
When alcohol is sold, Title 19.12.070 describes this use as a Grocery Store:
1. Whose license to sell alcoholic beverages authorizes their sale to consumers only
and not for resale, in original sealed or corked containers, for consumption off the
premises where the same are sold; and
2. In which the sale of alcoholic beverages is ancillary to the grocery store use, and in
which no more than 10 percent of the retail floor space is regularly devoted to the
display or merchandising of alcoholic beverages. This use includes an establishment
that provides on-premises wine, cordial and liqueur tasting if the licensee also holds a
wine, cordial and liqueur tasting license for that location.
This use is conditional in the C-1 (Limited Commercial) zoning district. As this proposed
Grocery Store with Alcohol will contain greater than 50,000 square feet of retail floor
space, the minimum 400-foot distance separation requirements do not apply. All other
conditional use regulations will be met by the proposed Grocery Store.
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Drive-Through
Title 19.18 defines this use as the use of a dedicated drive lane that, incidental to a
principal use, provides access to a station, such as a window, door or mechanical
device, from which occupants of a motor vehicle receive or obtain a product or service.
This use is conditional in the C-1 (Limited Commercial) zoning district. Drive-throughs
are proposed both around a proposed automated car wash and fast food restaurant.
Both stacking lanes will accommodate at least six vehicles, as shown on the site plan.
Car Wash, Full Service
The Car Wash, Full Service 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 an automated
mechanism will be housed to the east of the 5,075 square-foot convenience store
(General Retail Store) establishment for the purpose of cleaning and waxing of vehicles.
Two parking spaces are reserved for vacuuming of vehicles.
The Minimum Special Use Permit Requirement for this use is the following:
1. Each wash bay shall have a stacking lane that will accommodate at least six
cars.
The proposed use meets this requirement, as a single wash bay will be provided
with a stacking lane that wraps around the proposed convenience store building
and which supports six vehicles in queuing position.
The use can be accessed from any of the driveways on the site; however, vehicles
enter the 12-foot wide wash bay drive-through lane from the west. The drive-through is
adequately screened from the adjacent parking area by landscaping consisting of
shrubs and Mexican fan palms. The wash bay faces Deer Springs Way, which requires
a waiver through the accompanying Site Development Plan Review. However, staff
does not support the requested Special Use Permit, as it does not support the related
Site Development Plan Review.
Liquor Establishment (Tavern)
The Liquor Establishment (Tavern) use is defined as a facility which sells alcoholic
beverages for consumption on the premises where the same are sold and authorizes
the sale, to consumers only and not for resale, of alcoholic beverages in original sealed
or corked containers, for consumption off the premises where the same are sold. The
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proposed use meets the definition, as the establishment intends to sell alcoholic
beverages for consumption on the premises.
The Minimum Special Use Permit Requirements for this use include:
1. Pursuant to its general authority to regulate the sale of alcoholic beverages, the
City Council declares that the public health, safety and general welfare of the City
are best promoted and protected by generally requiring both a minimum
separation between liquor establishments (tavern), and a minimum separation
between a liquor establishment (tavern) and certain other uses that should be
protected from the impacts associated with a liquor establishment (tavern).
Therefore, except as otherwise provided below, no liquor establishment (tavern)
may be located within 1500 feet of any other liquor establishment (tavern),
church/house of worship, school, individual care center licensed for more than 12
children, or City park. (NONWAIVABLE EXCEPT AS PROVIDED BELOW)
The proposed use does not meet this requirement, as there is a high school
located 339 feet southwest of the property. This requirement is waivable under
Special Use Permit Requirement 5e, as the protected use (school) is separated
from the proposed Liquor Establishment (Tavern) by a freeway (Clark County
215).
2. The distance separation referred to in Requirement 1 shall be measured with
reference to the shortest distance between two property lines, one being the
property line of the proposed liquor establishment (tavern) which is closest to the
existing use to which the measurement pertains, and the other being the property
line of that existing use which is closest to the proposed liquor establishment
(tavern). The distance shall be measured in a straight line without regard to
intervening obstacles. (NONWAIVABLE)
Measurement is taken from the boundaries of APN 125-19-301-001, the current
parcel on which the use would be located. Future consolidation of the parcels on
the subject site would not change the separation distance from property line to
property line.
3. For the purpose of Requirement 2, and for that purpose only:
a. The property line of a protected use refers to the property line of a fee
interest parcel that has been created by an approved and recorded parcel
map or subdivision map, and does not include the property line of a
leasehold parcel; and
b. The property line of a liquor establishment (tavern) refers to:
i. The property line of a parcel that has been created by an approved
and recorded parcel map or commercial subdivision map; or
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ii. The property line of a parcel that is located within an approved and
recorded commercial subdivision and that has been created by a
record of survey or legal description, if:
A. Using the property line of that parcel for the purpose of
measuring the distance separation referred to in Requirement
1 would qualify the parcel under the distance separation
requirement;
B. The proposed liquor establishment (tavern) will have direct
access (both ingress and egress) from a street having a
minimum right-of-way width of 100 feet. The required access
may be shared with a larger development but must be located
within the property lines of the parcel on which the proposed
liquor establishment (tavern) will be located;
C. All parking spaces required by this Subchapter 19.12.070 for
the liquor establishment (tavern) use will be located on the
same parcel as the use; and
D. The owners of all parcels within the commercial subdivision,
including the owner of agreement, satisfactory to the City
Attorney, that provides for perpetual, reciprocal cross-access,
ingress and egress throughout the commercial subdivision.
(NONWAIVABLE)
A commercial subdivision map is expected to be recorded that creates a 9.62acre lot by which measurement to protected uses is taken. Future record of
survey lines may be recorded that may or may not capture all measurement
requirements in Subparagraphs A-D.
4. The distance separation requirement set forth in Requirement 1 does not apply to
an establishment which has a non-restricted gaming license in connection with a
hotel having 200 or more guest rooms on or before July 1, 1992, or in connection
with a resort hotel having in excess of 200 guest rooms after July 1, 1992.
This requirement does not apply, as neither circumstance applies to the subject
establishment.
5. The distance separation requirement set forth in Requirement 1 may be waived
in accordance with the provisions of LVMC 19.12.050(C), but only in connection
with a proposed liquor establishment (tavern) that:
a. Will be located on a parcel within the C-V District, the Parkway Center
District within the Downtown Centennial Plan, the Gaming Enterprise
Overlay District, or the Downtown Casino Overlay District;
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containers for off-premises consumption. The floor plan indicates that beer, wine and
wine coolers would be located within a bank of coolers along the south side of the store.
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 EXCEPT AS PROVIDED BELOW)
The proposed use does not meet this requirement, as a public high school is
located 339 feet southwest of the property where 400 feet is required. This
requirement is waivable under Special Use Permit Requirement 7d, as the
protected use (school) is separated from the proposed Beer/Wine/Cooler OffSale Establishment by a minimum 330-foot right-of-way (Clark County 215).
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 onsite
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 APN 125-19-301-001, the current
parcel on which the use would be located. Future consolidation of the parcels on
the subject site would not change the separation distance from property line to
property line.
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
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functionality for the shopping center tenants and customers. 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 Deer Springs Way and
Hualapai Way. 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.
The proposed car wash bay faces Deer Springs Way where bay openings are required
to be oriented away from public rights-of-way per Title 19.08.040(B)(4). The applicant
has requested to waive this standard, as the bay opening would face one of the two
perimeter streets regardless of the design, and would not face any residential uses.
However, if the convenience store and wash bay were rotated 90 degrees, the
orientation would be less likely to negatively impact future residential development
across from this site, given that Hualapai Way will be improved to at least 100 feet in
width. The layout as currently submitted is not sufficiently screened from street views,
as a five-foot landscape buffer is proposed along Deer Springs Way across from the
wash bay. Staff recommends denial of this waiver.
Perimeter landscape buffer widths are substandard along all sides of the development.
The east perimeter is devoid of landscaping in anticipation of a future commercial
development and shared vehicular access between this site and the parcel to the east,
which will be part of the same commercial subdivision. An eight-foot buffer that narrows
down to five feet is proposed to be provided along the south property line adjacent to
the Clark County 215 right-of-way and intervening drainage channel. The applicant
claims that the narrower landscape buffer widths along portions of Deer Springs Way
and Hualapai Way where 15 feet is required are justified, as a detached sidewalk and
additional landscaping will be provided in the amenity zones, and additional right-of-way
is requested for a right turn lane. Staff agrees that the landscaping abutting Clark
County 215 is not visible from the freeway and would serve little purpose, and would
support a waiver of the eight-foot buffer requirement; however, the lack of landscaping
along the east property line is the result of a self-created hardship executed through the
previous request for a two-lot subdivision in which the shopping center will have
perpetual cross access between lots, and there is no basis on which staff can
recommend approval of a waiver. Along public rights-of-way, Title 19 requires 15 feet of
landscaping in addition to streetscape required for shading of sidewalks and protection
of pedestrians and bicyclists.
Staff does not support the requested Variances and Waivers.
Vacation
The Department of Public Works has no objection to the vacation application request to
relinquish the City's interests in U.S. Government Patent Reservations generally located
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south of Deer Springs Way, east of Hualapai Way. This Vacation request should be
sent to all the utilities; however, as no right of way is proposed to be vacated, and thus
no franchise rights are involved, it is not necessary to wait for responses from any of the
public utilities or other parties interested in preserving a right in this patent easement.
Since only City interests are involved, any utility company's interests will need to be
addressed with each respective utility company and will not be affected by the City
relinquishing its interest.
Tentative Map
The submitted Tentative Map (TMP-67940) is now in conformance with the proposed
site plan that includes APN 125-19-301-010 and relocates Inyo Avenue further to the
east. Staff recommends approval, subject to conditions. Vacation of the right-of-way
grant for Inyo Avenue and Citys interest in U.S. Government Patent Easements located
on Assessor Parcel Numbers 125-19-301-002 and 125-19-301-003 shall be recorded
prior to or concurrently with a Final Map over any portion of this site covered by the
tentative map. Staff notes that elevations for the north/south and east/west cross
sections are shown with this Tentative Map submittal, but no retaining walls are
proposed. The north/south cross section shows an average slope of less than 2% while
the east/west cross section shows an average slope greater than 2%. This information
may be useful when a Site Development Plan Review application is submitted.
Other Issues
Hualapai Way is classified as a Primary Arterial street. Complete Streets Standards
require a five-foot sidewalk and a three-foot amenity zone with trees 45 feet on center.
The landscape plan indicates that a five-foot detached sidewalk and 5.5-foot amenity
zone will be provided, with only five-gallon shrubs to be planted. A condition of approval
will require that 24-inch box shade trees be provided within the amenity zone at least 45
feet on center in conformance with Complete Streets Standards.
Deer Springs Way is classified as a Major Collector street. Complete Streets Standards
require a five-foot sidewalk and a three-foot amenity zone with trees 40 feet on center.
The landscape plan indicates that a five-foot detached sidewalk and 3.5-foot amenity
zone will be provided, with only five-gallon shrubs planted. A condition of approval will
require that 24-inch box shade trees be provided within the amenity zone at least 40
feet on center in conformance with Complete Streets Standards.
Additional trees are required within the perimeter landscape buffers. The deficiency is
the result of spacing trees too far apart. Trees must be spaced no further apart than 20
feet along Deer Springs Way and Hualapai Way and 30 feet in the buffer along the
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south property line. An Exception from these standards was not requested; therefore, a
condition of approval addresses this deficiency.
Portions of the parking areas directly face Deer Springs Way and Hualapai Way. These
rows of parking must be adequately screened from rights-of-way by a low wall or berm,
low hedge or other screening acceptable to the Department of Planning. The site plan
and/or landscape plan must be revised to indicate how parking will be screened.
Freestanding pylon signs are indicated at the access driveways from the perimeter
streets. A monument sign is also proposed at the corner of Deer Springs Way and
Hualapai Way. Signs will be reviewed for conformance to Title 19 standards under
separate permit.
The development overall is suitable for this site, as it is located at the corner of two
planned major thoroughfares and backs up to a freeway. However, the building
configuration and design elements are conducive only to automobile and truck traffic
and little consideration is given to other modes of transportation. In addition, this project
is projected to strain Hualapai Way beyond traffic handling capacity. As the first
commercial development proposed in this area, the proposal is not the model for the
future pattern of development along these corridors; staff therefore recommends denial
of all applications, with conditions if approved.
FINDINGS (VAR-66443)
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.
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FINDINGS (SUP-66444)
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.
2.
The subject site is physically suitable for the type and intensity of land use
proposed.
The Shopping Center site covers 9.63 acres and will have access on three sides.
Sufficient parking is provided to meet the needs of the proposed Car Wash, Full
Service use.
3.
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 Car Wash, Full Service use will be subject to building permit and
licensing review and inspections, thereby safeguarding the health, safety and
welfare of the public, as well as the objectives of the General Plan.
5.
The use meets all of the applicable conditions per Title 19.12.
The proposed site meets the minimum six-car stacking requirement of Title 19.12.
FINDINGS (SUP-66445)
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.
2.
The subject site is physically suitable for the type and intensity of land use
proposed.
The Shopping Center site covers 9.63 acres and will have access on three sides.
Sufficient parking is provided to meet the needs of the proposed Liquor
Establishment (Tavern) use.
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3.
4.
Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.
The proposed Liquor Establishment (Tavern) use will be subject to building permit
and licensing review and inspections, thereby safeguarding the health, safety and
welfare of the public, as well as the objectives of the General Plan.
5.
The use meets all of the applicable conditions per Title 19.12.
A public school is located within 1,500 feet of the subject property; the applicant is
requesting a waiver of the separation requirement.
FINDINGS (SUP-66446)
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.
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2.
The subject site is physically suitable for the type and intensity of land use
proposed.
The Shopping Center site covers 9.63 acres and will have access on three sides.
Sufficient parking is provided to meet the needs of the car wash and convenience
store apart from the fuel stations.
3.
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.
5.
The use meets all of the applicable conditions per Title 19.12.
A public school is located within 400 feet of the subject property; the applicant is
requesting a waiver of the separation requirement.
FINDINGS (SDR-66447)
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.
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2.
The proposed development is consistent with the General Plan, this Title,
the Design Standards Manual, the Landscape, Wall and Buffer Standards,
and other duly-adopted city plans, policies and standards;
The proposed shopping center requires a rear yard setback variance and waivers
of building placement, car wash bay orientation and perimeter landscape buffer
widths, most of which staff cannot support, as there is no sufficient justification
based on the physical characteristics of the land to warrant these deviations.
Parking and uses will be consistent with the C-1 (Limited Commercial) zoning
district and SC (Service Commercial) General Plan Designation.
3.
4.
Building and landscape materials are appropriate for the area and for the
City;
Building materials include painted stucco exteriors, stone veneer accents, clay tile
roofs, metal awnings and precast columns. These materials are typical of
shopping centers and are appropriate for this area. Landscape materials are
drought tolerant and appropriate for this location. Additional trees and shrubs
shall be provided in the north and south landscape buffers.
5.
SS
The proposed building elevations are typical of those for shopping centers in the
nearby Town Center area, with arched walkways, varied rooflines with cornices,
and popouts at storefronts. The outlying pad buildings are compatible with the
larger anchor buildings in terms of architectural style. Overall, the elevations are
sensitive to development in the area, which is primarily residential in character.
6.
Appropriate measures are taken to secure and protect the public health,
safety and general welfare.
The proposed development is subject to permit review and inspection, thereby
protecting the public health, safety and general welfare.
FINDINGS (VAC-67939)
Staff has no objection to the Vacation application request to relinquish the City's
interests in U.S. Government Patent Reservations generally located south of Deer
Springs Way, east of Hualapai Way.
FINDINGS (TMP-67940)
The map as proposed is in conformance with Title 19 and NRS requirements for
tentative maps. Staff recommends approval, contingent on approval of the related
Rezoning, Site Development Plan Review and Vacation requests.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a Petition to Annex (ANX-12215) 207.83
acres generally located north of Centennial Parkway between
02/07/07
Shaumber Road and Fort Apache Road. The Planning Commission
and staff recommended approval. The annexation became effective
02/16/07.
The City Council approved a General Plan Amendment (GPA-20465)
from R (Rural Density Residential) to PCD (Planned Community
06/06/07
Development) on 23.30 acres south of Deer Springs Way, east of
Hualapai Way. The Planning Commission and staff recommended
denial.
SS
SS
SS
Pre-Application Meeting
Application requirements for a Site Development Plan Review were
discussed. It was determined at this meeting that a setback variance
and three Special Use Permits would also be required.
A
08/16/16
neighborhood meeting was strongly recommended, as the residents in
the area have not yet seen the proposed plans for the shopping
center.
Field Check
09/01/16
SS
Surrounding
Property
Existing Land
Use Per Title
19.12
Subject
Property
Undeveloped
North
Undeveloped
South
CC 215 Beltway
East
Undeveloped
West
Undeveloped
Planned or Special
Land Use
Designation
SC (Service
Commercial)
R (Rural Density
Residential)
RL (Residential Low)
Clark County
Designation
ROW (Right-of-Way)
SC (Service
Commercial)
PCD (Planned
Community
Development)
Existing Zoning
District
C-1 (Limited
Commercial)
R-E (Residence
Estates)
R-E (Rural Estates
Residential) Clark
County Designation
ROW (Right-of-Way)
C-1 (Limited
Commercial)
PD (Planned
Development)
Compliance
N/A
Compliance
N/A
Compliance
N/A
N/A
N/A
Y
DEVELOPMENT STANDARDS
Pursuant to Title 19.08, the following standards apply:
Standard
Required/Allowed
Provided
Min. Lot Area
N/A
403,801 SF
Min. Lot Width
100 Feet
630 Feet
Min. Setbacks
Front
10 Feet
15 Feet
Side
10 Feet
27 Feet
Corner
10 Feet
37 Feet
Rear
20 Feet
15 Feet
Compliance
N/A
Y
Y
Y
Y
N
SS
Standard
Max. Lot Coverage
Max. Building Height
Required/Allowed
50 %
N/A
Trash Enclosure
Screened, Gated, w/ a
Roof or Trellis
Mech. Equipment
Screened
Provided
23.5 %
46 Feet
Screened, Gated,
w/ a Roof; do not
face rights-of-way
Parapet screened
Compliance
Y
N/A
Y
Y
Provided
95 Feet
Compliance
Y
15 Feet
130 Feet
Y
Y
Compliance
N
N
N
Y
N
N
Y
N
N
Y
N/A
SS
Street Name
Functional
Classification of
Street(s)
Hualapai Way
Primary Arterial
Major Collector
Governing
Document
Actual
Street
Width
(Feet)
Compliance
with Street
Section
50
32
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Floor
Area or
Use
Number of
Units
Shopping
Center
98,359 SF
Required
Parking
Ratio
1 space
per 250
SF GFA
Waivers
Requirement
Provided
Parking
Handicapped
Regular
Compliance
Parking
Handicapped
Regular
394
394
395
386
Request
To allow the proposed
convenience store to be set
back from the corner (fuel
canopy would occupy the
corner)
385
10
Staff
Recommendation
Denial
SS
Waivers
Requirement
15-foot perimeter landscape
buffer shall be provided along
all property lines adjacent to
public ROW
8-foot perimeter landscape
buffer shall be provided along
all interior property lines
Openings to service or wash
bay doors shall not face public
rights-of-way and shall be
designed to minimize the visual
intrusion into adjoining
properties
Request
To allow a zero-foot perimeter
landscape buffer along a
portion of the south property
line
To allow a zero-foot perimeter
landscape buffer along a
portion of the east property line
Staff
Recommendation
Denial
Denial
Denial
Request
Staff
Recommendation
Exceptions
Requirement
One 24-inch box shade tree for
every six uncovered spaces in
parking areas in islands, plus
one tree at the ends of each
parking row
(119 trees required)
Denial
SS
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Discussion
SUBJECT:
ABEYANCE - RENOTIFICATION - VAR-66443 - VARIANCE RELATED TO ZON-67938 PUBLIC HEARING - APPLICANT/OWNER: DEER SPRINGS VILLAGE, LLC - For possible
action on a request for a Variance TO ALLOW A 15-FOOT REAR YARD SETBACK WHERE
20 FEET IS REQUIRED on 9.63 acres at the southeast corner of Deer Springs Way and
Hualapai Way (APNs 125-19-301-001, 002 and 010), C-1 (Limited Commercial) and R-E
(Residence Estates) Zones [PROPOSED: C-1 (Limited Commercial)], Ward 6 (Ross) [PRJ66309]. Staff recommends DENIAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
13
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps - VAR-66443, SUP-66444, SUP-66445, SUP-66446, SDR-66447
and TMP-67940 [PRJ-66309]
3. Supporting Documentation
4. Protest/Support Postcards for VAR-66443 and SUP-66444 [PRJ-66309] and Protest Email for
VAR-66443, SUP-66444, SUP-66445, SUP-66446 and SDR-66447 [PRJ-66309]
VAR-66443
Discussion
SUBJECT:
ABEYANCE - RENOTIFICATION - SUP-66444 - SPECIAL USE PERMIT RELATED TO
ZON-67938 AND VAR-66443 - PUBLIC HEARING - APPLICANT/OWNER: DEER
SPRINGS VILLAGE, LLC - For possible action on a request for a Special Use Permit FOR A
CAR WASH, FULL SERVICE at the southeast corner of Deer Springs Way and Hualapai Way
(APNs 125-19-301-001, 002 and 010), C-1 (Limited Commercial) and R-E (Residence Estates)
Zones [PROPOSED: C-1 (Limited Commercial)], Ward 6 (Ross) [PRJ-66309]. Staff
recommends DENIAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
13
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
SUP-66444
Discussion
SUBJECT:
ABEYANCE - RENOTIFICATION - SUP-66445 - SPECIAL USE PERMIT RELATED TO
ZON-67938, VAR-66443 AND SUP-66444 - PUBLIC HEARING - APPLICANT/OWNER:
DEER SPRINGS VILLAGE, LLC - For possible action on a request for a Special Use Permit
FOR A 4,000 SQUARE-FOOT LIQUOR ESTABLISHMENT (TAVERN) WITH A WAIVER
TO ALLOW A 339-FOOT DISTANCE SEPARATION FROM A SCHOOL WHERE 1,500
FEET IS REQUIRED at the southeast corner of Deer Springs Way and Hualapai Way (APNs
125-19-301-001, 002 and 010), C-1 (Limited Commercial) and R-E (Residence Estates) Zones
[PROPOSED: C-1 (Limited Commercial)], Ward 6 (Ross) [PRJ-66309]. Staff recommends
DENIAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
25
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Special Map
3. Supporting Documentation
4. Protest Comments for SUP-66445 and Protest/Support Postcards for SUP-66445 and SUP66446 [PRJ-66309]
SUP-66445
Discussion
SUBJECT:
ABEYANCE - RENOTIFICATION - SUP-66446 - SPECIAL USE PERMIT RELATED TO
ZON-67938, VAR-66443, SUP-66444 AND SUP-66445 - PUBLIC HEARING APPLICANT/OWNER: DEER SPRINGS VILLAGE, LLC - For possible action on a request for
a Special Use Permit FOR A BEER/WINE/COOLER OFF-SALE ESTABLISHMENT USE
WITH A WAIVER TO ALLOW A 339-FOOT DISTANCE SEPARATION FROM A SCHOOL
WHERE 400 FEET IS REQUIRED at the southeast corner of Deer Springs Way and Hualapai
Way (APNs 125-19-301-001, 002 and 010), C-1 (Limited Commercial) and R-E (Residence
Estates) Zones [PROPOSED: C-1 (Limited Commercial)], Ward 6 (Ross) [PRJ-66309]. Staff
recommends DENIAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
24
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Special Map
3. Supporting Documentation
4. Protest Comment
SUP-66446
Discussion
SUBJECT:
ABEYANCE - RENOTIFICATION - SDR-66447 - SITE DEVELOPMENT PLAN REVIEW
RELATED TO ZON-67938, VAR-66443, SUP-66444, SUP-66445 and SUP-66446 - PUBLIC
HEARING - APPLICANT/OWNER: DEER SPRINGS VILLAGE, LLC - For possible action on
a request for a Site Development Plan Review FOR A PROPOSED 98,759 SQUARE-FOOT
SHOPPING CENTER WITH WAIVERS TO ALLOW BUILDINGS TO NOT BE ORIENTED
TO THE CORNER AND STREET FRONTAGE WHERE SUCH IS REQUIRED, TO ALLOW
A ZERO-FOOT PERIMETER LANDSCAPE BUFFER ALONG A PORTION OF THE
SOUTH PROPERTY LINE WHERE 15 FEET IS REQUIRED, TO ALLOW A ZERO-FOOT
LANDSCAPE BUFFER ALONG A PORTION OF THE EAST PROPERTY LINE WHERE
EIGHT FEET IS REQUIRED, AND TO ALLOW A CAR WASH BAY TO FACE PUBLIC
RIGHT-OF-WAY WHERE SUCH IS NOT ALLOWED on 9.63 acres at the southeast corner of
Deer Springs Way and Hualapai Way (APNs 125-19-301-001, 002 and 010), C-1 (Limited
Commercial) and R-E (Residence Estates) Zones [PROPOSED: C-1 (Limited Commercial)],
Ward 6 (Ross) [PRJ-66309]. Staff recommends DENIAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
13
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Support Postcard
4. Protest/Support Postcards
SDR-66447
Discussion
SUBJECT:
VAC-67939 - VACATION RELATED TO ZON-67938, VAR-66443, SUP-66444, SUP-66445,
SUP-66446 AND SDR-66447 - PUBLIC HEARING - APPLICANT/OWNER: DEER
SPRINGS VILLAGE, LLC, ET AL - For possible action on a request for a Petition to Vacate a
portion of Inyo Avenue generally located south of Deer Springs Way, east of Hualapai Way,
Ward 6 (Ross) [PRJ-66309]. Staff recommends APPROVAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Map
2. Consolidated Backup
3. Supporting Documentation
VAC-67939
VAC-67939
VAC-67939
VAC-67939
VAC-67939
VAC-67939
VAC-67939
Discussion
SUBJECT:
TMP-67940 - TENTATIVE MAP RELATED TO ZON-67938, VAR-66443, SUP-66444, SUP66445, SUP-66446, SDR-66447 AND VAC-67939 - DEER SPRINGS VILLAGE - PUBLIC
HEARING - APPLICANT/OWNER: DEER SPRINGS VILLAGE, LLC, ET AL - For possible
action on a request for a Tentative Map FOR A TWO-LOT COMMERCIAL SUBDIVISION on
14.63 acres at the southeast corner of Deer Springs Way and Hualapai Way (APNs 125-19-301001, 002, 003 and 010), C-1 (Limited Commercial) and R-E (Residence Estates) Zones
[PROPOSED: C-1 (Limited Commercial)], Ward 6 (Ross) [PRJ-66309]. Staff recommends
APPROVAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Action Letter for TMP-64814 [PRJ-64596]
TMP-67940
TMP-67940
TMP-67940
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Discussion
SUBJECT:
GPA-66493 - GENERAL PLAN AMENDMENT - PUBLIC HEARING APPLICANT/OWNER: BUS YARD PROPERTIES, LLC, ET AL - For possible action on a
request for a General Plan Amendment FROM: PCD (PLANNED COMMUNITY
DEVELOPMENT) AND PF (PUBLIC FACILITIES) TO: M (MEDIUM DENSITY
RESIDENTIAL) on 15.00 acres on the west side of Shaumber Road, approximately 700 feet
south of Ann Road (APNs 126-36-101-006, 007 and 027), Ward 6 (Ross) [PRJ-66429]. Staff
recommends APPROVAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Staff Report - GPA-66493 and ZON-66494 [PRJ-66429]
3. Supporting Documentation - GPA-66493 and ZON-66494 [PRJ-66429]
4. Photo(s) - GPA-66493 and ZON-66494 [PRJ-66429]
5. Justification Letter - GPA-66493 and ZON-66494 [PRJ-66429]
6. Support Postcards - GPA-66493 and ZON-66494 [PRJ-66429]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
GPA-66493
ZON-66494
RECOMMENDATION
Staff recommends APPROVAL.
Staff recommends APPROVAL.
REQUIRED FOR
APPROVAL
GPA-66493
** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
NOTICES MAILED
16
APPROVALS
PROTESTS
31
SS
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting to change the future land use designation and rezone 15
undeveloped acres on the west side of Shaumber Road, approximately 700 feet south
of Ann Road.
ISSUES
A General Plan Amendment is requested to change the future land use designation
on this site from PCD (Planned Community Development) and PF (Public Facilities)
to M (Medium Density Residential). Staff recommends approval.
A Rezoning is requested on this site from U (Undeveloped) [PCD (Planned
Community Development) General Plan Designation] and C-V (Civic) to R-3
(Medium Density Residential). Staff recommends approval.
A Site Development Plan Review for a specific development on this site has not
been submitted.
Additional land within the federal land disposal boundary located to the west of this
site is in the process of annexation to the city of Las Vegas. The annexation is
expected to become effective 01/13/17.
ANALYSIS
The site consists of three undeveloped parcels located just within the eastern edge of
the city limits and to the northwest of the Clark County School District bus transit yard.
The site is surrounded on all sides by Bureau of Land Management land, with the
exception of one privately owned five-acre parcel in unincorporated Clark County
jurisdiction. A gravel pit operation is located on the southern portion of the parcel to the
south, as well as on the parcel to the west. Multi-family residential uses are proposed
for the site; however, no Site Development Plan Review has been submitted for any
specific development on this site.
The Centennial Hills Sector Plan of the Las Vegas 2020 Master Plan indicates that this
area is primarily planned for Planned Community Development, which is limited to eight
dwelling units per acre, and Public Facilities, which does not allow for residential zoning
of any kind. However, the neighboring area is developed only with the gravel pit and
these undeveloped areas are subject to change. Ann Road, a 100-foot Primary Arterial,
will be extended westward to abut the northern boundary of this site. In addition, the
Sheep Mountain Parkway freeway connector is proposed to run from approximately Ann
Road north, parallel to the existing 215 freeway corridor.
SS
FINDINGS (GPA-66493)
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.
2.
SS
3.
4.
FINDINGS (ZON-66494)
In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning
Commission or City Council must affirm the following:
1.
2.
The uses which would be allowed on the subject property by approving the
rezoning will be compatible with the surrounding land uses and zoning
districts.
The R-3 zoning district will allow for Multi-Family Residential uses with densities
between 13 and 50 dwelling units per acre. However, the density is further limited
to 25.49 dwelling units per acre when the approved General Plan designation is M
(Medium Density Residential). The surrounding area is currently undeveloped
and zoning designations are subject to change as development expands west of
Shaumber Road.
SS
3.
Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
Ann Road, a Primary Arterial, will be extended west alogn the northern boundary
of this site. In addition, the city limits will be extended westward through
annexation adjacent to the Red Rock Conservation Area. This land will provide a
buffer between the Conservation Area and higher densities.
4.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved the Annexation (ANX-10156) of
approximately 246 acres generally located west of Clark County 215
05/16/07
and east of the Puli Road alignment. The action included the subject
area. The annexation became effective 05/25/07.
The City Council approved a General Plan Amendment (GPA-25625)
to amend a portion of the Centennial Hills Sector Plan of the Master
Plan from PCD (Planned Community Development) to PF (Public
Facilities) on 131.7 acres at the southwest corner of Ann Road and
Clark County 215. The Planning Commission and staff recommended
approval.
08/20/08
The City Council approved a Rezoning (ZON-25626) from U
(Undeveloped) [PCD (Planned Community Development) General
Plan Designation] to C-V (Civic) on 131.7 acres at the southwest
corner of Ann Road and Clark County 215. The Planning Commission
and staff recommended approval.
The Planning Commission approved a request for a Variance (VAR38553) to allow an 11-foot tall retaining wall where six feet is allowed
an to allow the combined height of retaining and screening walls to be
07/29/10
14 feet where 12 feet is allowed on a 37.20-acre portion of a 131.70acre parcel at the northwest corner of Washburn Road and Alpine
Ridge Way. Staff recommended approval.
SS
Neighborhood Meeting
A neighborhood meeting was held at the Centennial Hills Community
Center/YMCA at 6601 North Buffalo Drive in Las Vegas. There were
two representatives for the applicant, one member of the Ward 6
12/14/16
Council office and one Department of Planning staff member present.
No members of the public appeared. No formal presentation was
given.
Field Check
12/05/16
Surrounding
Property
Subject
Property
North
Existing Land
Use Per Title
19.12
Undeveloped
Undeveloped
East
Undeveloped/
Gravel Pit
Undeveloped
West
Gravel Pit
South
Planned or Special
Land Use
Designation
PCD (Planned
Community
Development)
PF (Public Facilities)
RN (Rural
Neighborhood)
Clark County
PF (Public Facilities)
PCD (Planned
Community
Development)
Existing Zoning
District
U (Undeveloped)
C-V (Civic)
R-U (Rural Open Land)
Clark County
C-V (Civic)
U (Undeveloped)
PF (Public Facilities)
C-V (Civic)
PF (Public Facilities)
OL (Open Land)
Clark County
C-V (Civic)
R-U (Rural Open Land)
Clark County
SS
Compliance
N/A
Compliance
N/A
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
6,500 SF
Min. Lot Width
N/A
Min. Setbacks
Front
10 Feet
Side
5 Feet
Corner
5 Feet
Rear
20 Feet
Min. Distance Between Buildings
10 Feet
Max. Lot Coverage
N/A
Max. Building Height
5 Stories/55 Feet
Provided
217,800 SF
337 Feet
Compliance
Y
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Existing Zoning
Permitted Density
Units Allowed
U (Undeveloped)
2.18 du/ac
21
C-V (Civic)
N/A
N/A
Proposed Zoning
Permitted Density
Units Allowed
R-3 (Medium Density
13-50 du/ac*
750*
Residential)
General Plan
Permitted Density
Units Allowed
PCD (Planned Community
8.0 du/a
120
Development)
PF (Public Facilities)
N/A
N/A
Proposed General Plan
Permitted Density
Units Allowed
M (Medium Density
25.49 du/ac
382
Residential)
*Density is limited by the maximum number of units per acre allowed by the approved
General Plan designation.
SS
Street Name
Functional
Classification of
Street(s)
Shaumber Road
Major Collector
Primary Arterial
Governing Document
Actual
Street
Width
(Feet)
Compliance
with Street
Section
50
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Discussion
SUBJECT:
ZON-66494 - REZONING RELATED TO GPA-66493 - PUBLIC HEARING APPLICANT/OWNER: BUS YARD PROPERTIES, LLC, ET AL - For possible action on a
request for a Rezoning FROM: U (UNDEVELOPED) [PCD (PLANNED COMMUNITY
DEVELOPMENT) GENERAL PLAN DESIGNATION] AND C-V (CIVIC) TO: R-3
(MEDIUM DENSITY RESIDENTIAL) on 15.00 acres on the west side of Shaumber Road,
approximately 700 feet south of Ann Road (APNs 126-36-101-006, 007 and 027), Ward 6 (Ross)
[PRJ-66429]. Staff recommends APPROVAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
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Discussion
SUBJECT:
GPA-67883 - GENERAL PLAN AMENDMENT - PUBLIC HEARING APPLICANT/OWNER: AQUA BAMBOO, LLC, ET AL - For possible action on a request for a
General Plan Amendment FROM: DR (DESERT RURAL DENSITY RESIDENTIAL) AND R
(RURAL DENSITY RESIDENTIAL) TO: SC (SERVICE COMMERCIAL) on 2.42 acres on
the east side of Rainbow Boulevard, approximately 85 feet north of Ann Road (APNs 125-26410-004 through 006), Ward 6 (Ross) [PRJ-67774]. Staff recommends DENIAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL
BACKUP DOCUMENTATION:
1. Abeyance Request Letter - GPA-67883 and ZON-67884 [PRJ-67774]
2. Location and Aerial Maps
3. Staff Report - GPA-67883 and ZON-67884 [PRJ-67774]
4. Supporting Documentation
5. Photo(s) - GPA-67883 and ZON-67884 [PRJ-67774]
6. Justification Letter - GPA-67883 and ZON-67884 [PRJ-67774]
RECEIVED
Dec 27 2016
City of Las Vegas
Dept. of Planning
Items 44-45
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
GPA-67883
ZON-67884
RECOMMENDATION
Staff recommends DENIAL.
Staff recommends DENIAL.
REQUIRED FOR
APPROVAL
GPA-67883
** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
NOTICES MAILED
406
APPROVALS
PROTESTS
27
SS
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant requests to change the General Plan land use designation and rezone
three parcels located at 5640, 5664 and 5686 North Rainbow Boulevard, located
approximately 85 feet north of Ann Road.
ISSUES
A General Plan Amendment is requested to change the future land use designation
on this site from DR (Desert Rural Density Residential) and R (Rural Density
Residential) to SC (Service Commercial).
A Rezoning is requested on this site from R-E (Residence Estates) to C-1 (Limited
Commercial).
A Site Development Plan Review for a specific development on this site has been
submitted and is scheduled for the February 14, 2017 Planning Commission
agenda.
ANALYSIS
The applicant has requested to abey these items to the February 14, 2017 Planning
Commission in order to coincide with a Site Development Plan Review for a General
Retail Store (Grocery Store) scheduled on that same agenda. Staffs final determination
will be forthcoming from a comprehensive review of all three applications.
FINDINGS (GPA-67883)
Staffs recommendation is for denial of the General Plan Amendment; however, a more
comprehensive analysis and recommendation will be forthcoming once the submitted
Site Development Plan Review is added to this item.
FINDINGS (ZON-67884)
Staffs recommendation is for denial of the General Plan Amendment; however, a more
comprehensive analysis and recommendation will be forthcoming once the submitted
Site Development Plan Review is added to this item.
SS
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
A Final Map was recorded for the Rainbow Gardens Subdivision [Book
06/21/74
17 Page 6 of Plats].
The Clark County Planning Commission approved a Special Use
Permit (UC-0193-08) to allow employees (unrelated) in conjunction
04/03/08
with a home occupation at 5686 North Rainbow Boulevard where only
family members are permitted to work as employees and to allow
customers at the residence where not permitted.
The Clark County Planning Commission approved a Special Use
Permit (UC-0407-09) to allow two employees (unrelated) in
conjunction with a home occupation at 5664 North Rainbow Boulevard
where only family members are permitted to work as employees, to
allow clients to come to a residence where not permitted, to allow
08/06/09
accessory structures to be used in conjunction with a home occupation
for the storage of business records and files where not permitted and
to increase the floor area utilized for a home occupation to
approximately 645 square feet where a maximum of 581 square feet is
permitted.
The City Council approved the Annexation (ANX-57277) of 0.82 net
02/18/15
acres at 5620 North Rainbow Boulevard into the city of Las Vegas as
Bill 2015-6. The annexation became effective 02/27/15.
The City Council approved a General Plan Amendment (GPA-58144)
from R (Rural Density Residential) to SC (Service Commercial) on
0.82 acres at 5620 North Rainbow Boulevard.
The Planning
Commssion and staff recommended approval.
The City Council approved a Rezoning (ZON-58144) from R-E
(Residence Estates) to C-1 (Limited Commercial) on 0.82 acres at
05/20/15
5620 North Rainbow Boulevard. The Planning Commission and staff
recommended approval.
The City Council approved a Site Development Plan Review (SDR58147) for a proposed 3,680 square-foot restaurant with drive through
and general retail development on 0.82 acres at 5620 North Rainbow
Boulevard.
The Planning Commission and staff recommended
approval.
The City Council approved the Annexation (ANX-63178) of 0.81 net
04/20/16
acres at 5664 North Rainbow Boulevard into the city of Las Vegas as
Bill 2016-22. The annexation became effective 04/29/16.
The City Council approved the Annexation (ANX-63265) of 0.78 net
06/01/16
acres at 5640 North Rainbow Boulevard into the city of Las Vegas as
Bill 2016-32. The annexation became effective 06/10/16.
SS
Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
11/17/16
submittal requirements for a General Plan Amendment and Rezoning.
Neighborhood Meeting
A neighborhood meeting was held at the Centennial Hills Community
Center/YMCA at 6601 North Buffalo Drive in Las Vegas. There were
19 members of the public, two representatives for the applicant, one
representative from the Ward 6 City Council Office and one member of
Department of Planning staff in attendance.
12/19/16
The applicant presented conceptual drawings that included a site plan
and elevations of the proposed Grocery Store. When asked about
who the tenant would be, the representatives indicated that a tenant
has not been secured at this time, but is being pursued.
SS
Neighborhood Meeting
Concerns:
The neighbors present do not want any commercial, and were
not in support of this proposal.
Do not want any more traffic along Rainbow Boulevard.
Questions were raised in regards to the well (water), the
representative informed the neighbors that a new commercial
project would not use the well, and the required clearance
around the well would remain for maintenance.
Residents questioned and expressed concerns in regards to
what other types of land uses could go in to a C-1 (Limited
Commercial) zoning district if a Grocery Store tenant was not
secured or eventually went out of business.
Do not feel there is enough people and/or traffic to support a
Grocery Store in this area with other existing shopping centers
relatively close by.
Residents felt that this rural portion of Rainbow Boulevard does
not need commercial, and that only the owners of the properties
included in this proposal would benefit from converting to
subject sites to commercial. They also feel commercial land
uses are being forced upon them even though the desire for it is
not there.
Concern over increased use of the alleyway, including
deliveries and individuals using the commercial property to gain
entry into residents rear yards.
The residents specifically purchased their homes because there
was no commercial existing or planned for the immediate area
at the time.
Staff noted that some of the property owners for the proposed project
may have been there, but were not clearly identified. There were no
residents present expressing support for this project. All who attended
and spoke during the meeting did not support the proposed Grocery
Store, the General Plan Amendment or Rezoning.
Field Check
12/05/16
SS
Surrounding
Property
Existing Land
Use Per Title
19.12
Subject
Property
Single Family,
Detached
North
Single Family,
Detached
South
Single Family,
Detached
East
Single Family,
Detached
West
Planned or Special
Land Use
Designation
DR (Desert Rural
Density Residential)
R (Rural Density
Residential)
RN (Rural
Neighborhood)
Clark County
SC (Service
Commercial)
RNP (Rural
Neighborhood
Preservation)
Clark County
RL (Residential Low)
Clark County
Single Family,
Detached
ML (Medium Low
Density Residential)
General Retail
Store
R (Rural Density
Residential)
Existing Zoning
District
R-E (Residence
Estates)
R-E (Rural Estates
Residential)
Clark County
C-1 (Limited
Commercial)
R-E (Rural Estates
Residential)
Clark County
R-PD8 (Residential
Planned Development
8 Units per Acre)
C-1 (Limited
Commercial)
Compliance
N/A
Compliance
N/A
Compliance
N/A
N/A
N/A
N/A
SS
DEVELOPMENT STANDARDS
Pursuant to Title 19.08, the following standards apply:
Standard
Required/Allowed
Provided
Min. Lot Size
N/A
105,415 SF
Min. Lot Width
100 Feet
385 Feet
Min. Setbacks
Front
10 Feet
N/A
Side
10 Feet
N/A
Corner
10 Feet
N/A
Rear
20 Feet
N/A
Max. Lot Coverage
50 %
N/A
Limited by residential
Max. Building Height
N/A
adjacency
Existing Zoning
R-E (Residence Estates)
Proposed Zoning
C-1 (Limited Commercial)
General Plan
DR (Desert Rural Density
Residential)
R (Rural Density
Residential)
Proposed General Plan
SC (Service Commercial)
Street Name
Rainbow Blvd
Compliance
N/A
Y
N/A
N/A
N/A
N/A
N/A
N/A
Permitted Density
2.18 du/ac
Permitted Density
N/A
Permitted Density
Units Allowed
5
Units Allowed
N/A
Units Allowed
2.49 du/ac
3.59 du/ac
Permitted Density
N/A
Units Allowed
N/A
Functional
Classification
of Street(s)
Governing
Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Primary Arterial
Master Plan of
Streets and
Highways Map
60-95
SS
GPA-67883
GPA-67883
GPA-67883
GPA-67883
GPA-67883
GPA-67883
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Discussion
SUBJECT:
ZON-67884 - REZONING RELATED TO GPA-67883 - PUBLIC HEARING APPLICANT/OWNER: AQUA BAMBOO, LLC, ET AL - For possible action on a request for a
Rezoning FROM: R-E (RESIDENCE ESTATES) TO: C-1 (LIMITED COMMERCIAL) on 2.42
acres on the east side of Rainbow Boulevard, approximately 85 feet north of Ann Road (APNs
125-26-410-004 through 006), Ward 6 (Ross) [PRJ-67774]. Staff recommends DENIAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
ZON-67884
ZON-67884
ZON-67884
ZON-67884
ZON-67884
ZON-67884
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7A7A
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ZON-67884
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Discussion
SUBJECT:
GPA-67918 - GENERAL PLAN AMENDMENT - PUBLIC HEARING APPLICANT/OWNER: THE CONRAD ROGERS GROUP, INC. - For possible action on a
request for a General Plan Amendment FROM: C (COMMERCIAL) TO: LI/R (LIGHT
INDUSTRY/RESEARCH) on 2.74 acres on the west side of Main Street, approximately 610 feet
south of Washington Avenue (APNs 139-27-702-009, 012, 013 and 015), Ward 5 (Barlow)
[PRJ-67234]. Staff recommends DENIAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - GPA-67918, VAR-67919, VAR-67920, SDR-67921 and TMP67922 [PRJ-67234]
3. Supporting Documentation - GPA-67918, VAR-67919, VAR-67920, SDR-67921 and TMP67922 [PRJ-67234]
4. Photo(s) - GPA-67918, VAR-67919, VAR-67920, SDR-67921 and TMP-67922 [PRJ-67234]
5. Justification Letter - GPA-67918, VAR-67919, VAR-67920, SDR-67921 and TMP-67922
[PRJ-67234]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
GPA-67918
VAR-67919
VAR-67920
RECOMMENDATION
Staff recommends APPROVAL.
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:
SDR-67921
TMP-67922
REQUIRED FOR
APPROVAL
GPA-67918
GPA-67918
VAR-67919
GPA-67918
VAR-67919
VAR-67920
GPA-67918
VAR-67919
VAR-67920
SDR-67921
** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
14
NOTICES MAILED
APPROVALS
PROTESTS
** CONDITIONS **
VAR-67919 CONDITIONS
Planning
1.
2.
This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
3.
All necessary building permits shall be obtained and final inspections shall be
completed in compliance with Title 19 and all codes as required by the Department
of Building and Safety.
4.
These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit.
5.
All City Code requirements and design standards of all City departments must be
satisfied, except as modified herein.
VAR-67920 CONDITIONS
Planning
1.
2.
This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
SS
3.
All necessary building permits shall be obtained and final inspections shall be
completed in compliance with Title 19 and all codes as required by the Department
of Building and Safety.
4.
These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit.
5.
All City Code requirements and design standards of all City departments must be
satisfied, except as modified herein.
SDR-67921 CONDITIONS
Planning
1.
2.
This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
3.
All development shall be in conformance with the site plan and landscape plan
date stamped 12/19/16 and building elevations and floor plans date stamped
11/28/16, except as amended by conditions herein.
4.
5.
6.
An Exception from Title 19.08.110 is hereby approved, to allow 13 parking lot trees
where 38 parking lot trees are required.
7.
All necessary building permits shall be obtained and final inspections shall be
completed in compliance with Title 19 and all codes as required by the Department
of Building and Safety.
SS
8.
These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit.
9.
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.
Public Works
14. Correct all Americans with Disabilities Act (ADA) deficiencies on the sidewalk and
the proposed driveways adjacent to this site in accordance with code requirements
of Title 13.56.040 to the satisfaction of the City Engineer concurrent with
development of this site. All existing paving damaged or removed by this
development shall be restored at its original location and to its original width
concurrent with development of this site.
15. 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.
SS
16. All private improvements and landscaping installed with this project shall be
situated and maintained so as to not create sight visibility obstructions for vehicular
traffic at all development access drives and abutting street intersections.
17. Grant a 30-foot sewer easement on the Final Map for this site over the existing
onsite public sewer line as shown on the approved Tentative Map. No permanent
structures or landscaping over three feet in height may be within Public Sewer
Easements granted on this site.
18. Submit a License Agreement for landscaping and private improvements in the
Main Street public rights-of-way, if any, prior to the issuance of permits for these
improvements. The applicant must carry an insurance policy for the term of the
License Agreement and add the City of Las Vegas as an additionally insured entity
on this insurance policy. If requested by the City, the applicant shall remove
property within the public right-of-way at the applicant's expense pursuant to the
terms of the City's License Agreement. The installation and maintenance of all
private improvements in the public right of way shall be the responsibility of the
applicant and any successors in interest to the property and assigns pursuant to
the terms of the License Agreement. Coordinate all requirements for the License
Agreement with the Land Development Section of the Department of Building and
Safety (702-229-4836).
19. A Traffic Impact Analysis must be submitted to and approved by the Department of
Public Works prior to the issuance of any building or grading permits, submittal of
any construction drawings or the recordation of a Map subdividing this site,
whichever may occur first. Comply with the recommendations of the approved
Traffic Impact Analysis prior to occupancy of the site. The Traffic Impact Analysis
shall also include a section addressing Standard Drawings #234.1 #234.2 and
#234.3 to determine additional right-of-way requirements for bus turnouts adjacent
to this site, if any; dedicate all areas recommended by the approved Traffic Impact
Analysis. All additional rights of way required by Standard Drawing #201.1 for
exclusive right turn lanes and dual left turn lanes shall be dedicated prior to or
concurrent with the commencement of on site development activities unless
specifically noted as not required in the approved Traffic Impact Analysis. Phased
compliance will be allowed if recommended by the approved Traffic Impact
Analysis. No recommendation of the approved Traffic Impact Analysis, nor
compliance therewith, shall be deemed to modify or eliminate any condition of
approval imposed by the Planning Commission or the City Council on the
development of this site.
SS
20. 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.
TMP-67922 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.
3.
A fully operational fire protection system, including fire apparatus roads, fire
hydrants and water supply, shall be installed and shall be functioning prior to
construction of any combustible structures.
4.
In conjunction with creation, declaration and recordation of the subject commoninterest community, and prior to recordation of the Covenants, Codes and
Restrictions (CC&R), or conveyance of any unit within the community, the
Developer is required to record a Declaration of Private Maintenance
Requirements (DPMR) as a covenant on all associated properties, and on behalf
of all current and future property owners. The DPMR is to include a listing of all
privately owned and/or maintained infrastructure improvements, along with
assignment of maintenance responsibility for each to the common interest
community or the respective individual property owners, and is to provide a brief
description of the required level of maintenance for privately maintained
components. The DPMR must be reviewed and approved by the City of Las Vegas
Department of Field Operations prior to recordation, and must include a statement
that all properties within the community are subject to assessment for all
associated costs should private maintenance obligations not be met, and the City
of Las Vegas be required to provide for said maintenance. Also, the CC&R are to
include a statement of obligation of compliance with the DPMR. Following
recordation, the Developer is to submit copies of the recorded DPMR and CC&R
documents to the City of Las Vegas Department of Field Operations.
SS
5.
The Final Map shall contain a note granting perpetual common access and parking
across the entire subdivision.
6.
Public Works
7.
Correct all Americans with Disabilities Act (ADA) deficiencies on the sidewalk and
the proposed driveways adjacent to this site in accordance with code requirements
of Title 13.56.040 to the satisfaction of the City Engineer concurrent with
development of this site. All existing paving damaged or removed by this
development shall be restored at its original location and to its original width
concurrent with development of this site.
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.
The onsite sewer shall be per Title 19.16.060.W. 2.a and a note shall appear on
the face of the recorded Final Map such as: This site is serviced through a public
sewer, with a minimum of eight inches or larger, located within dedicated public
sewer easements which are a minimum of twenty feet wide.
10. Grant a 30-foot sewer easement on the Final Map for this site over the existing
onsite public sewer line as shown on the approved Tentative Map. No permanent
structures or landscaping over 3-feet in height may be within Public Sewer
Easements granted on this site.
11. Per Title 19.16.060.W.3, provide a note on the Final Map that states "All
subdivided lots within this Final Map shall provide perpetual inter-lot drainage
rights across all existing and future parcel limits."
12. 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. The drainage study required
by SDR-67921 may be used to satisfy this condition.
SS
13. The approval of all Public Works related improvements shown on this Tentative
Map is in concept only. Specific design and construction details relating to size,
type and/or alignment of improvements, including but not limited to street, sewer
and drainage improvements, shall be resolved prior to approval of the construction
plans by the City. No additional deviations from adopted City Standards shall be
allowed unless specific written approval for such is received from the City Engineer
prior to the recordation of a Final Map or the approval of subdivision related
construction plans, whichever may occur first. Approval of this Tentative Map does
not constitute approval of any deviations. If such approval cannot be obtained, a
revised Tentative Map must be submitted showing elimination of such deviations.
14. Comply with all applicable conditions of approval for the Site Development Plan
Review SDR-67921 and any other site related actions.
SS
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting to construct a five-building, 69,500 square-foot office and
warehouse complex on 2.74 acres on the north side of Main Street south of Washington
Avenue. In order to provide shared access and parking throughout the site, the
applicant is also requesting to combine all parcels into a single lot.
ISSUES
Title 19.16.010(A) requires that all requests for Variances, Waivers, Exceptions,
Deviations and Site Development Plan Reviews be consistent with the spirit and
intent of the General Plan. A General Plan Amendment is therefore required for the
proposed Warehouse/Distribution Center use to be consistent with the General Plan.
Staff recommends approval of the request.
A Variance is needed to allow 166 parking spaces where 232 spaces are required
and to allow no loading spaces where four loading spaces are required. Staff does
not support this request.
A Variance is needed to allow a zero-foot side yard setback from the north property
line where 10 feet is required. Staff does not support this request.
A Tentative Map for a one-lot commercial subdivision (Downtown Business Park)
has been requested, which would combine the four parcels that make up this site
into a single lot and would allow for future property lines to be drawn through records
of survey. Staff recommends denial of the request.
A Site Development Plan Review is required to develop the site for an office and
warehouse complex. Staff recommends denial of the request.
A Waiver is required to allow a zero-foot perimeter landscape buffer along portions
of the west property line where eight feet is required. Staff recommends approval of
the waiver.
An Exception is required to allow zero perimeter buffer trees along the south
property line adjacent to public right-of-way where five trees are required. Staff
recommends approval of the Exception.
An Exception is required to allow 13 parking lot trees where 38 parking lot trees are
required. Staff recommends denial of the Exception.
An existing wrought iron fence exceeding five feet in height is located within the front
yard setback area. Staff could not locate permits for this fence. If the fence is not to
be removed and no prior permit can be obtained, a variance to allow a fence taller
than five feet would be required.
SS
ANALYSIS
The site is currently in the Downtown Redevelopment Area and is designated C
(Commercial) for future land use. The current zoning is M (Industrial). The area is
located within the Downtown North Land Use Plan, also designated C (Commercial)
and listed as Vacant Land. This plan contains no specific development standards, but
outlines a vision for revitalization of the area. The Plan notes the concentration of
automotive body and repair shops in this area, and supports continued use of the area
west of Main Street for industrial uses, emphasizing the enhancement of these
properties through adherence to zoning regulations and design standards. Expansion
of industrial development is not promoted, although areas of industrial infill are
encouraged as logical extensions of existing development. The proposed office/
warehouse complex is surrounded by a variety of commercial and industrial uses and
would be an extension of similar types of land uses. This area is also part of the
Downtown Periphery portion of the Downtown Master Plan. There is no specific policy
focus for this area within the plan.
Title 19.16.010(A) requires that approval of all Variances, Waivers, Exceptions,
Deviations and Site Development Plan Reviews (all application types requested through
this project) be consistent with the spirit and intent of the General Plan. A General Plan
Amendment from C (Commercial) to LI/R (Light Industry/Research) is therefore needed
for the proposed Warehouse/Distribution Center use to be consistent with the General
Plan. Prior to 2003, this site had been designated Industrial on the Downtown
Redevelopment Area Land Use Map, which would have allowed both the
Warehouse/Distribution Center use and M (Industrial) zoning district. An amendment
(GPA-2497) was then approved changing the parcels located on the west side of Main
Street between Bonanza Road and Washington Avenue to C (Commercial).
Per the Las Vegas 2020 Master Plan Land Use Element, the Light Industry/Research
land use category allow areas appropriate for clean, low-intensity (non-polluting and
non-nuisance) industrial uses, including light manufacturing, assembling and
processing, warehousing and distribution, and research, development and testing
laboratories. Typical supporting and ancillary general uses are also allowed. Mixeduse development with a residential component may also be allowed as a transition to
less intense uses where appropriate. As the proposed uses are permitted by the
current zoning district, such uses are promoted by the Downtown North Land Use Plan
and the surrounding land uses remain compatible with industrial uses, staff
recommends amending the land use designation of this parcel from C (Commercial) to
LI/R (Light Industrial/Research) on this site.
Four of the five buildings (labeled on the site plan as Buildings A through D) are
single-story structures intended to contain a mix of office and warehouse uses. The
amount of office and warehouse space to be used out of the possible 37,500 square
SS
feet is speculative at this time; therefore, in order to calculate parking requirements, the
worst-case scenario of 100 percent office uses was applied. Each of these buildings
will contain roll-up doors for storage, so at least some of this space will consist of
warehouse uses, thereby lessening the severity of the variance request. A threshold of
between 75 and 100 percent warehouse in Buildings A through D would allow for
conformance with Title 19 parking requirements. As the hardship in this case is selfimposed and the exact amount of warehouse space is unknown at this time, staff
recommends denial of the variance of parking standards. It should be noted that
although spaces are proposed to be striped in front of the roll-up doors, these are not
standard loading spaces and are not counted toward any parking requirement.
The design of the site requires a variance of building setback from the north property
line. The two-story office (Building E) contains an integrated four-level parking garage
that abuts the property line. The applicant also owns the properties to the north, which
contains existing retail buildings; however, if the northern properties are sold, the new
owner would be most impacted by the zero-foot setback. The hardship is again selfimposed; therefore, staff recommends denial of the variance.
Landscaping is provided along the north, south and east perimeters. The parking lot
abuts the west property line, which in turn abuts the Union Pacific Railroad right-of-way;
therefore, the applicant has requested a waiver of the required eight-foot landscape
buffer along the west property line. As the minimum rear setback in the M (Industrial)
zoning district is zero feet and the required landscaping would have little practical or
aesthetic benefit to the public, staff recommends approval of the requested waiver.
The site lacks adequate landscaping within the parking lot. The significant reduction in
the number of required trees (a 66 percent deviation) does allow for more parking
spaces to be provided, but also creates large areas of pavement that will lack the
shading and cooling effects of trees. Staff therefore recommends denial of the required
Exception.
Six perimeter trees and two parking lot trees are depicted within a proposed sewer
easement. However, no vegetation over three feet in height is allowed within a sewer
easement. Therefore, no trees can be provided within this area, and the trees depicted
in the easement cannot be counted toward the required number of trees. Staff supports
an exception to allow no trees along this portion of the perimeter, as the sewer line is
needed.
An existing wrought iron fence exceeding five feet in height is located within the front
yard setback area. Staff could not locate permits for this fence. If the fence is not to be
removed and no prior permit can be obtained, a variance to allow a fence taller than five
feet would be required. At the neighborhood meeting for this site, the applicant stated
that the fence along the front (east) side of the property would be removed.
SS
In order to provide shared access and parking throughout the site, the applicant is
requesting a one-lot commercial subdivision. Access is provided from an unnamed
right-of-way and an existing driveway on Main Street. A note on the map states that
common area landscaping will be maintained by a landscape maintenance association.
The north/south and east/west cross sections are not shown with this Tentative Map
submittal. However, since this property and all surrounding properties are graded or
developed, no retaining walls are shown or anticipated.
The lack of adequate parking and parking lot landscaping, as well as the zero-foot side
yard setback, indicates that the site would be overbuilt and therefore not a design
compatible with the surrounding area. Staff therefore recommends denial of the Site
Development Plan Review and Tentative Map on which it was based.
FINDINGS (GPA-67918)
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.
2.
3.
SS
This site is an infill parcel in a well-developed area adjacent to a railroad right-ofway, with no adjacent residential uses. Main Street is a Primary Arterial that has
been well established, but has less than its full width constructed. Adequate
utilities are available in this area.
4.
FINDINGS (VAR-67919)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City
Council, in considering the merits of a Variance request, shall not grant a Variance in
order to:
1.
2.
3.
FINDINGS (VAR-67920)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City
Council, in considering the merits of a Variance request, shall not grant a Variance in
order to:
1.
2.
3.
FINDINGS (SDR-67921)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E)
the Planning Commission and/or City Council must affirm the following:
1.
SS
2.
The proposed development is consistent with the General Plan, this Title,
the Design Standards Manual, the Landscape, Wall and Buffer Standards,
and other duly-adopted city plans, policies and standards;
This project requires several deviations from Title 19, namely a parking variance,
a building setback variance, a waiver of perimeter landscape buffer standards,
and exceptions of parking lot and perimeter landscape standards.
3.
4.
Building and landscape materials are appropriate for the area and for the
City;
Building materials include painted patterned stucco, metal seamed roofing, metal
awnings and accents, and colored glazing. Landscape materials include 24-inch
box African Sumac and Shoestring Acacia trees and varied shrubs and
groundcover. These materials are appropriate for the desert climate and this area
of the city, which contains many industrial uses.
5.
6.
Appropriate measures are taken to secure and protect the public health,
safety and general welfare.
SS
FINDINGS (TMP-67922)
The proposed map meets all NRS and LVMC Title 19 requirements for tentative maps.
However, waivers and variances are required on the subject site, prompting staff to
recommend denial of the associated Site Development Plan Review. To be consistent
with the other recommendations, staff recommends denial of the proposed Tentative
Map.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a General Plan Amendment (GPA-2497) to
amend the City of Las Vegas Downtown Development Plan Map of the
Las Vegas Redevelopment Plan from Industrial to Commercial and
Mixed Use for properties bounded by Charleston Boulevard to the
10/01/03
north, 3rd Street to the east, Commerce Street to the west and
Colorado Street to the south. The Planning Commission and staff
recommended approval. The subject property was amended from
Industrial to Commercial as part of this action.
A Code Enforcement Case (162652) was processed for trash and
01/25/16
weeds at 719 North Main Street. The case was resolved 02/08/16.
An Encroachment Agreement (64598) was submitted for review by
Department of Building and Safety staff for sidewalk landscaping along
05/09/16
Main Street adjacent to this site with trees, grates and irrigation. The
agreement was prepared 08/04/16 but has not yet been recorded.
Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
submittal requirements and issues related to a proposal for an
office/warehouse building complex. It was determined that a General
09/12/16
Plan Amendment would be needed in order to allow the warehouse
use on the site. As a tentative map was not submitted at the time of
the meeting, another meeting was needed to review technical aspects
of the map.
In a follow-up meeting with the applicant, staff confirmed that a
General Plan Amendment, a parking Variance, a building setback
Variance, a Site Development Plan Review and a Tentative Map for a
11/21/16
one-lot commercial subdivision would be needed. The Department of
Public Works determined that Complete Streets Standards along Main
Street would be waived for this project.
Neighborhood Meeting
A neighborhood meeting was held on Wednesday, December 21,
2016 at 6:30 p.m. at the Las Vegas Library - Conference Room, 833
North Las Vegas Boulevard, Las Vegas, Nevada 89101. There were
six members of the public, three members of the development team
and one Department of Planning staff member in attendance.
12/21/16
How would deliveries occur and how large would the trucks be?
The proposed roll-up doors are 10x10, so the storage areas
are designed for small to mid-sized vehicles. There would be
two access points and no backing onto Main Street would
occur.
SS
Neighborhood Meeting
Would the existing wrought iron fencing along the front remain?
No, most of the existing fencing would be removed. The
parking garage would be adequately secured.
When would construction begin? If approvals and permit
reviews go smoothly, the representative anticipated beginning
construction by March 2017.
One resident noted the area lacks adequate park space.
Those in attendance were generally in support of the proposed project,
commenting that it would be an attractive upgrade to the area.
Field Check
12/05/16
The site does not contain any buildings. Several equipment trucks and
supplies are stored on the property. An eight-foot wrought iron fence
encloses portions of the front, sides and rear, with chain link fencing
providing additional screening. The buffer area adjacent to the
wrought iron fence along Main Street is landscaped, and streetscape
trees are provided within the sidewalk.
Surrounding
Property
Subject
Property
North
South
East
West
Planned or
Special Land Use
Designation
Existing Zoning
District
Outside Storage
C (Commercial)
M (Industrial)
C (Commercial)
M (Industrial)
C (Commercial)
M (Industrial)
C (Commercial)
C-M
(Commercial/Industrial)
Undeveloped
C-1 (Limited
Commercial)
UPRR Right-of-Way
ROW (Right-ofWay)
ROW (Right-of-Way)
SS
Compliance
Y
Compliance
N/A
Compliance
N/A
Y
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to Title 19.08, the following standards apply:
Standard
Required/Allowed
Provided
Min. Lot Size
N/A
119,354 SF
Min. Lot Width
100 Feet
350 Feet
Min. Setbacks
Front
10 Feet
10 Feet
Side
10 Feet
0 Feet
Rear
0 Feet
0 Feet
Max. Lot Coverage
N/A
45 %
4 Stories/
Max. Building Height
N/A
59 Feet
Screened, Gated, w/ a
Screened, Gated,
Trash Enclosure
Roof or Trellis
Roofed
Mech. Equipment
Screened
Parapet screened
General Plan
C (Commercial)
Proposed General Plan
LI/R (Light
Industry/Research)
Compliance
N/A
Y
Y
N
Y
N/A
N/A
Y
Y
Permitted Density
N/A
Permitted Density
Units Allowed
N/A
Units Allowed
N/A
N/A
SS
Street Name
Main Street
Compliance
Y
Y
See Analysis
Y
N
N
N
See Analysis
Y
Y
Y
N
N/A
Functional
Classification
of Street(s)
Governing
Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Primary Arterial
(Special Design)
Master Plan of
Streets and
Highways Map
85
SS
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Use
Gross Floor
Area or
Number of
Units
Office, Other
Than Listed
32,000 SF
(Bldg E)
Office, Other
Than Listed
(flex space)
37,500 SF
(Bldgs A-D)
Required
Parking
Parking
HandiRatio
Regular
capped
1 space
per 300
SF GFA
1 space
per 300
SF GFA
Loading
Spaces
69,500 SF
3 spaces,
plus 1 per
100,000
SF over
50,000
SF
Exceptions
Requirement
One parking lot tree per 6
uncovered spaces in islands,
plus one tree at ends of
parking rows
(38 trees required)
One 24 box tree per 20 linear
feet adjacent to public rightsof-way
(5 trees required on south
side)
Compliance
107
125
232
225
166
159
Percent Deviation
Waivers
Requirement
8 perimeter landscape buffer
along interior property lines
Provided
Parking
HandiRegular
capped
N
N
28%
Request
Zero feet on a portion of the
west property line
Request
Staff Recommendation
Approval
Staff Recommendation
Denial
Approval
SS
GPA-67918
GPA-67918
GPA-67918
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GPA-67918 [PRJ-67234] - GENERAL PLAN AMENDMENT RELATED TO VAR-67919, VAR-67920, SDR-67921 AND
TMP-67922 - APPLICANT/OWNER: THE CONRAD ROGERS GROUP, INC.
WEST SIDE OF MAIN STREET, SOUTH OF WASHINGTON AVENUE
12/05/16
GPA-67918 [PRJ-67234] - GENERAL PLAN AMENDMENT RELATED TO VAR-67919, VAR-67920, SDR-67921 AND
TMP-67922 - APPLICANT/OWNER: THE CONRAD ROGERS GROUP, INC.
WEST SIDE OF MAIN STREET, SOUTH OF WASHINGTON AVENUE
12/05/16
GPA-67918 [PRJ-67234] - GENERAL PLAN AMENDMENT RELATED TO VAR-67919, VAR-67920, SDR-67921 AND
TMP-67922 - APPLICANT/OWNER: THE CONRAD ROGERS GROUP, INC.
WEST SIDE OF MAIN STREET, SOUTH OF WASHINGTON AVENUE
12/05/16
GPA-67918 [PRJ-67234] - GENERAL PLAN AMENDMENT RELATED TO VAR-67919, VAR-67920, SDR-67921 AND
TMP-67922 - APPLICANT/OWNER: THE CONRAD ROGERS GROUP, INC.
WEST SIDE OF MAIN STREET, SOUTH OF WASHINGTON AVENUE
12/05/16
GPA-67918 [PRJ-67234] - GENERAL PLAN AMENDMENT RELATED TO VAR-67919, VAR-67920, SDR-67921 AND
TMP-67922 - APPLICANT/OWNER: THE CONRAD ROGERS GROUP, INC.
WEST SIDE OF MAIN STREET, SOUTH OF WASHINGTON AVENUE
12/05/16
GPA-67918 [PRJ-67234] - GENERAL PLAN AMENDMENT RELATED TO VAR-67919, VAR-67920, SDR-67921 AND
TMP-67922 - APPLICANT/OWNER: THE CONRAD ROGERS GROUP, INC.
WEST SIDE OF MAIN STREET, SOUTH OF WASHINGTON AVENUE
12/05/16
GPA-67918 [PRJ-67234] - GENERAL PLAN AMENDMENT RELATED TO VAR-67919, VAR-67920, SDR-67921 AND
TMP-67922 - APPLICANT/OWNER: THE CONRAD ROGERS GROUP, INC.
WEST SIDE OF MAIN STREET, SOUTH OF WASHINGTON AVENUE
12/05/16
GPA-67918 [PRJ-67234] - GENERAL PLAN AMENDMENT RELATED TO VAR-67919, VAR-67920, SDR-67921 AND
TMP-67922 - APPLICANT/OWNER: THE CONRAD ROGERS GROUP, INC.
WEST SIDE OF MAIN STREET, SOUTH OF WASHINGTON AVENUE
12/05/16
GPA-67918 [PRJ-67234] - GENERAL PLAN AMENDMENT RELATED TO VAR-67919, VAR-67920, SDR-67921 AND
TMP-67922 - APPLICANT/OWNER: THE CONRAD ROGERS GROUP, INC.
WEST SIDE OF MAIN STREET, SOUTH OF WASHINGTON AVENUE
12/05/16
GPA-67918 [PRJ-67234] - GENERAL PLAN AMENDMENT RELATED TO VAR-67919, VAR-67920, SDR-67921 AND
TMP-67922 - APPLICANT/OWNER: THE CONRAD ROGERS GROUP, INC.
WEST SIDE OF MAIN STREET, SOUTH OF WASHINGTON AVENUE
12/05/16
GPA-67918 [PRJ-67234] - GENERAL PLAN AMENDMENT RELATED TO VAR-67919, VAR-67920, SDR-67921 AND
TMP-67922 - APPLICANT/OWNER: THE CONRAD ROGERS GROUP, INC.
WEST SIDE OF MAIN STREET, SOUTH OF WASHINGTON AVENUE
12/05/16
77
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Discussion
SUBJECT:
VAR-67919 - VARIANCE RELATED TO GPA-67918 - PUBLIC HEARING APPLICANT/OWNER: THE CONRAD ROGERS GROUP, INC. - For possible action on a
request for a Variance TO ALLOW 166 PARKING SPACES WHERE 232 SPACES ARE
REQUIRED AND TO ALLOW NO LOADING SPACES WHERE FOUR LOADING SPACES
ARE REQUIRED on 2.74 acres on the west side of Main Street, approximately 610 feet south of
Washington Avenue (APNs 139-27-702-009, 012, 013 and 015), M (Industrial) Zone, Ward 5
(Barlow) [PRJ-67234]. Staff recommends DENIAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps - VAR-67919, VAR-67920, SDR-67921 and TMP-67922 [PRJ67234]
3. Supporting Documentation
VAR-67919
VAR-67919
Discussion
SUBJECT:
VAR-67920 - VARIANCE RELATED TO GPA-67918 AND VAR-67919 - PUBLIC
HEARING - APPLICANT/OWNER: THE CONRAD ROGERS GROUP, INC. - For possible
action on a request for a Variance TO ALLOW A ZERO-FOOT SIDE YARD SETBACK
WHERE 10 FEET IS REQUIRED on 2.74 acres on the west side of Main Street, approximately
610 feet south of Washington Avenue (APNs 139-27-702-009, 012, 013 and 015), M (Industrial)
Zone, Ward 5 (Barlow) [PRJ-67234]. Staff recommends DENIAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
VAR-67920
VAR-67920
Discussion
SUBJECT:
SDR-67921 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-67918, VAR67919 AND VAR-67920 - PUBLIC HEARING - APPLICANT/OWNER: THE CONRAD
ROGERS GROUP, INC. - For possible action on a request for a Site Development Plan Review
FOR A PROPOSED 69,500 SQUARE-FOOT OFFICE AND WAREHOUSE COMPLEX
WITH A WAIVER TO ALLOW A ZERO-FOOT PERIMETER LANDSCAPE BUFFER ON
PORTIONS OF THE WEST PROPERTY LINE WHERE EIGHT FEET IS REQUIRED on 2.74
acres on the west side of Main Street, approximately 610 feet south of Washington Avenue
(APNs 139-27-702-009, 012, 013 and 015), M (Industrial) Zone, Ward 5 (Barlow) [PRJ-67234].
Staff recommends DENIAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
SDR-67921
SDR-67921
SDR 67921
The Conrad Rogers Group, Inc.
11.03
GENERAL OFFICE BUILDING [1000 SF]
69.5
PM Peak Hour
1.56
1.49
766
108
104
Second Use
Average Daily Traffic (ADT)
3.56
WAREHOUSE [1000 SF]
AM Peak Hour
18.75
PM Peak Hour
0.30
0.32
67
6
6
Net Change
Average Daily Traffic (ADT)
AM Peak Hour
11.03
GENERAL OFFICE BUILDING [1000 SF]
PM Peak Hour
88.25
1.56
1.49
833
114
110
10,086
807
Washington Avenue
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)
16,193
1,295
Bonanza Road
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)
15,773
1,262
This project will add approximately 833 trips per day on Main St., Washington Ave. and Bonanza Rd. Main is currently at
about 30 percent of capacity, Washington is at about 46 percent of capacity and Bonanza is at about 47 percent of
capacity. After this project, Main is expected to be at about 32 percent of capacity, Washington to be at about 48 percent of
capacity and Bonanza to be at about 49 percent of capacity.
Based on Peak Hour use, this development will add into the area roughly 114 additional cars, or about two every minute.
Note that this report assumes all traffic from this development uses all named streets.
Discussion
SUBJECT:
TMP-67922 - TENTATIVE MAP RELATED TO GPA-67918, VAR-67919, VAR-67920 AND
SDR-67921 - DOWNTOWN BUSINESS PARK - PUBLIC HEARING APPLICANT/OWNER: THE CONRAD ROGERS GROUP, INC. - For possible action on a
request for a Tentative Map FOR A PROPOSED ONE-LOT COMMERCIAL SUBDIVISION
on 2.74 acres on the west side of Main Street, approximately 610 feet south of Washington
Avenue (APNs 139-27-702-009, 012, 013 and 015), M (Industrial) Zone, Ward 5 (Barlow) [PRJ67234]. Staff recommends APPROVAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
TMP-67922
TMP-67922
TMP-67922
TMP-67922
TMP-67922
TMP-67922
Discussion
SUBJECT:
GPA-68385 - GENERAL PLAN AMENDMENT - PUBLIC HEARING APPLICANT/OWNER: 180 LAND COMPANY, LLC - For possible action on a request for a
General Plan Amendment FROM: PR-OS (PARKS/RECREATION/OPEN SPACE) TO: L
(LOW DENSITY RESIDENTIAL) on 166.99 acres at the southeast corner of Alta Drive and
Hualapai Way (APN 138-31-702-002), Ward 2 (Beers) [PRJ-67184].
Staff has NO
RECOMMENDATION.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff has NO RECOMMENDATION
BACKUP DOCUMENTATION:
1. Abeyance Request Letter
2. Location and Aerial Maps
2. Staff Report
3. Supporting Documentation
4. Justification Letter
5. Protest Postcards
RECEIVED
Dec 28 2016
City of Las Vegas
Dept. of Planning
GPA-68385
Item #51
GPA-68385 [PRJ-67184]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
GPA-68385
RECOMMENDATION
REQUIRED FOR
APPROVAL
** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
NOTICES MAILED
1019
APPROVALS
PROTESTS
32
SG
GPA-68385 [PRJ-67184]
Staff Report Page One
January 10, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting a General Plan Amendment from PR-OS
(Parks/Recreation/Open Space) to L (Low Density Residential) for a large lot currently
designated as a golf course.
ANALYSIS
The subject lot is a golf course that is located within a planned community that is zoned
R-PD7 (Residential Planned Development 7 Units Per Acre). The proposed General
Plan Designation of L (Low Density Residential) allows density up to 5.49 units per acre,
which is consistent with the density permitted by the zoning. However, no Site
Development Plan Review or Tentative Map has been submitted with the request to
depict how and where the residential density would be dispersed across the overall site.
The applicant has requested an abeyance of the General Plan Amendment so that a
Site Development Plan Review and other related applications may be submitted to run
concurrently with it. As a result, staff supports the request for abeyance to allow a more
in-depth review and analysis of the proposed development of the property, and has no
recommendation regarding the requested General Plan Amendment at this time.
FINDINGS (GPA-68385)
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.
SG
GPA-68385 [PRJ-67184]
Staff Report Page Two
January 10, 2017 - Planning Commission Meeting
2.
3.
4.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The Board of City Commissioners approved the Annexation (A-001880) of 2,243 acres bounded by Sahara Avenue on the south, Hualapai
12/17/80
Way on the west, Ducharme Avenue on the north and Durango Drive
on the east. The annexation became effective on 12/26/80.
The Board of City Commissioners approved a General Plan
Amendment (Agenda Item IX.B) to expand the Suburban Residential
Land Use category and add the Rural Density Residential category
generally located north of Sahara Avenue, west of Durango Drive.
04/15/81
The Board of City Commissioners approved a Generalized Land Use
Plan (Agenda Item IX.C) for residential, commercial and public facility
uses on the Peccole property and the south portion of Angel Park lying
within city limits. The maximum density of this plan was 24 dwelling
units per acre.
SG
GPA-68385 [PRJ-67184]
Staff Report Page Three
January 10, 2017 - Planning Commission Meeting
GPA-68385 [PRJ-67184]
Staff Report Page Four
January 10, 2017 - Planning Commission Meeting
SG
GPA-68385 [PRJ-67184]
Staff Report Page Five
January 10, 2017 - Planning Commission Meeting
SG
GPA-68385 [PRJ-67184]
Staff Report Page Six
January 10, 2017 - Planning Commission Meeting
GPA-68385 [PRJ-67184]
Staff Report Page Seven
January 10, 2017 - Planning Commission Meeting
Surrounding
Property
Subject
Property
North
ML (Medium Low
Density Residential)
Single Family,
Detached
SC (Service
Commercial)
Single Family,
Detached
ML (Medium Low
Density Residential)
South
Single Family,
Attached
Multi-Family
Residential
M (Medium Density
Residential)
Existing Zoning
District
R-PD7 (Residential
Planned
Development 7
Units per Acre)
PD (Planned
Development)
C-1 (Limited
Commercial)
R-PD7 (Residential
Planned
Development 7
Units per Acre)
R-PD10
(Residential
Planned
Development 10
Units per Acre)
C-1 (Limited
Commercial)
R-PD7 (Residential
Planned
Development 7
Units per Acre)
R-PD10
(Residential
Planned
Development 10
Units per Acre)
R-3 (Medium
Density Residential)
SG
GPA-68385 [PRJ-67184]
Staff Report Page Eight
January 10, 2017 - Planning Commission Meeting
Surrounding
Property
Utility Installation
Single Family,
Attached
M (Medium Density
Residential)
Single Family,
Detached
West
SC (Service
Commercial)
GC (General
Commercial)
PF (Public Facilities)
Mixed Use
East
Planned or Special
Land Use Designation
Golf Course
Multi-Family
Residential
Street Name
Functional
Classification
of Street(s)
Alta Drive
Major Collector
Hualapai Way
Primary Arterial
Governing
Document
Master Plan of Streets
and Highways Map
Master Plan of Streets
and Highways Map
Existing Zoning
District
PD (Planned
Development)
C-1 (Limited
Commercial)
C-2 (General
Commercial)
C-V (Civic)
R-PD10
(Residential
Planned
Development 10
Units per Acre)
P-C (Planned
Community)
Actual
Street
Width
(Feet)
Complianc
e with
Street
Section
84
98
SG
GPA-68385
GPA-68385
GPA-68385
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GPA-68385
GPA-68385
GPA-68385
Discussion
SUBJECT:
ZON-67798 - REZONING - PUBLIC HEARING - APPLICANT/OWNER: ALEENE F.
BECKER TRUST - For possible action on a request for a Rezoning FROM: P-R
(PROFESSIONAL OFFICE AND PARKING) TO: C-1 (LIMITED COMMERCIAL) on 1.76
acres at 2353, 2363, 2383, and 2393 Potosi Street (APNs 163-01-804-001 through 004), Ward 1
(Tarkanian) [PRJ-67396]. Staff recommends DENIAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - ZON-67798, SUP-67779 and SDR-67795 [PRJ-67396]
3. Supporting Documentation - ZON-67798, SUP-67779 and SDR-67795 [PRJ-67396]
4. Photo(s) - ZON-67798, SUP-67779 and SDR-67795 [PRJ-67396]
5. Justification Letter - ZON-67798, SUP-67779 and SDR-67795 [PRJ-67396]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
ZON-67798
SUP-67779
SDR-67795
RECOMMENDATION
Staff recommends DENIAL.
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:
REQUIRED FOR
APPROVAL
ZON-67798
ZON-67798
SUP-67795
** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
14
NOTICES MAILED
APPROVALS
PROTESTS
NE
** CONDITIONS **
SUP-67779 CONDITIONS
Planning
1.
2.
Approval of and conformance to the Conditions of Approval for Rezoning (ZON67798) and Site Development Plan Review (SDR-67795) shall be required.
3.
All delivery vehicles shall maneuver for loading and unloading on site; there shall
be no parking, loading or unloading of vehicles within the Potosi Street public rightof-way.
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.
SDR-67795 CONDITIONS
Planning
1.
Approval of and conformance to the Conditions of Approval for Rezoning (ZON67798) and Special Use Permit (SUP-67799) 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.
NE
3.
All development shall be in conformance with the site plan and landscape plan
date stamped 12/01/16, except as amended by conditions herein.
4.
5.
A Waiver from Title 19.12 is hereby approved, to allow the use to be located on a
60-foot Local Street where a 100-foot Primary or Secondary Thoroughfare is
required.
6.
An Exception from Title 19.08 is hereby approved, to allow seven trees within the
parking lot islands where 22 trees are required.
7.
Parking lot lighting shall comply with all minimum requirements set forth by Title
19.08 for lighting.
8.
All necessary building permits shall be obtained and final inspections shall be
completed in compliance with Title 19 and all codes as required by the Department
of Building and Safety.
9.
These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit.
10. 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.
11. A technical landscape plan, signed and sealed by a Registered Architect,
Landscape Architect, Residential Designer or Civil Engineer, must be submitted
prior to or at the same time application is made for a building permit. A permanent
underground sprinkler system is required, and shall be permanently maintained in
a satisfactory manner; the landscape plan shall include irrigation specifications.
Installed landscaping shall not impede visibility of any traffic control device. The
technical landscape plan shall include the following changes from the conceptual
landscape plan:
a. One, 24-inch box tree every 20 linear feet with four, five-gallon shrubs for
each required tree in the landscape buffer areas. Palm trees must have a 15foot tall trunk to meet the minimum requirements to be considered a required
tree. In addition, each landscape island shall provide four, five-gallon shrubs.
NE
12. A fully operational fire protection system, including fire apparatus roads, fire
hydrants and water supply, shall be installed and shall be functioning prior to
construction of any combustible structures.
13. All City Code requirements and design standards of all City Departments must be
satisfied, except as modified herein.
Public Works
14. Grant a 5-ft wide Public Sewer Easement adjacent to the portion of the north side
of the existing 15-ft wide Public Sewer Easement 961206:01383 which contains
the existing public sewer shown on CLV drawing # 107-V2467.
15. No new permanent structures or landscaping taller than 3 feet shall be allowed
within the 20-foot Public Sewer Easement.
16. Correct all American's with Disabilities Act (ADA) deficiencies on the sidewalks
adjacent to this site in accordance with code requirements of Title 13.56.040 to the
satisfaction of the City Engineer concurrent with development of this site. Pan
style driveways may only remain if an ADA path is provided with an associated
public Pedestrian Access Easement.
17. 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.
18. All delivery vehicles shall maneuver for loading and unloading on site; there shall
be no parking, loading or unloading of vehicles within the Potosi Street public rightof-way.
19. Vehicles shall neither be displayed nor stored within the public rights-of-way
adjacent to this site.
NE
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request to rezone four adjacent lots located at 2353, 2363, 2383, and 2393
Potosi Street from P-R (Professional Office and Parking) to C-1 (Limited Commercial).
In addition, the applicant is requesting a Special Use Permit for an Auto Dealer
Inventory Storage, and a Site Development Plan Review to convert the subject sites into
an Auto Dealer Inventory Storage lot.
ISSUES
In order to accommodate the proposed land use (Auto Dealer Inventory Storage),
the subject sites need to be rezoned from P-R (Professional Office and Parking) to
C-1 (Limited Commercial). Staff is recommending denial of this request.
In the proposed C-1 (Limited Commercial) zoning district, the Auto Dealer Inventory
Storage land use requires a Special Use Permit. Staff is recommending denial of this
request.
A Site Development Plan Review is required to convert the existing parking lot into
an Auto Dealer Inventory Storage lot.
A Waiver is required to allow a seven-foot landscape buffer along the north
perimeter and a six-foot landscape buffer along the south perimeter where 15 feet is
required; and to allow a 14-foot landscape buffer along the east perimeter and a
nine-foot landscape buffer along the west perimeter where 15 feet is required. Staff
does not support this request.
A Waiver is required to allow the proposed land use to be located on a 60-foot Local
street with no access to a Primary or Secondary thoroughfare.
An Exception is required to allow seven trees in the landscape islands where 22 are
required.
ANALYSIS
The subject site was originally approved and developed in 2000 for overflow parking for a
Health Club located to the east of the subject site. This application seeks to convert this
existing parking lot into an Auto Dealer Inventory Storage lot.
The site is currently developed as a parking lot, but does not meet the minimum
development standards for the landscape buffer widths, landscape island trees and
shrubs, and landscape buffer trees and shrubs as defined by Title 19.08.
NE
The applicant has requested a Waiver to allow a seven-foot landscape buffer along the
north perimeter and a six-foot landscape buffer along the south perimeter where 15 feet
is required; and to allow a 14-foot landscape buffer along the east perimeter and a ninefoot landscape buffer along the west perimeter where 15 feet is required. Staff does not
support this request as landscape buffers play a crucial role in buffering the proposed
land use from the neighboring properties and right-of-way. In addition, the existing
landscape buffers do not meet Title 19.08 minimum standards for landscape materials,
which requires one 24-inch box tree every 20 linear feet with four, five-gallon shrubs for
each tree. If approved, staff has added a condition of approval requiring this minimum
standard to be met.
Within the subject site are nine parking lot islands. Title 19.08 requires each island to
contain two, 24-inch box trees with four, five-gallon shrubs for each tree (eight total),
with one, 24-inch box tree with four five-gallon shrubs to be located at the end of each
row of parking. An exception has been requested to allow the existing parking lot
landscaping to remain as is with seven trees where 22 are required, and 37 shrubs
where 88 are required. Staff does not support this request.
Along the south, west, and north perimeters of the subject site exists a solid block wall,
satisfying the screening requirement set forth by Title 19.12, Requirement Number Four
which states, Stored vehicles shall be effectively screened so as not to be visible from
adjoining properties or public rights-of-way. The east perimeter adjacent to Potosi
Street is the front of the subject site, which is prohibited by Title 19.08 from installing a
solid block wall any taller than two feet (the maximum height allowed is five feet, with
the upper three feet allowed to be 50 percent open usually achieved through wrought
iron). The subject site currently has a five-foot ornamental iron fence along the east
perimeter with two sliding gates at the ingress/egress points adjacent to Potosi Street as
permitted by Title 19.08. To further aid in the screening of the Auto Dealer Inventory
Storage lot if approved, staff has added a condition of approval requiring the applicant
to install trees and shrubs in accordance with Title 19.08 for Landscape Buffer
requirements to add additional screening and provide shade to pedestrian traffic along
Potosi Street.
During a routine field check performed by staff on December 5, 2016, staff observed the
subject site already in use as an Auto Dealer Inventory Storage lot. The parking lot was
full with what appeared to be new and used motor vehicles. Vehicles were also parked
along the edges of the parking lot, blocking the drive isles. The violations were reported
to Code Enforcement for further action.
The Auto Dealer Inventory Storage use is defined as The parking or storage, other than
for purposes of display, of new motor vehicles which constitute inventory of a new motor
vehicle sales dealership, where such parking or storage is maintained by the dealership
either on the same parcel as the dealership or on a separate parcel.
NE
The Minimum Special Use Permit Requirements for this use include:
1. Requirement 1: All loading and unloading of vehicles shall occur on site.
The proposed use meets this requirement as the applicant has indicted in their
justification letter that the motor vehicles will not be loaded and/or unloaded on
site. Instead, the motor vehicles will be driven between the dealership and the
storage lot. In addition, a condition of approval has been added prohibiting the
loading and unloading of motor vehicle in the public right-of-way.
2. Requirement 2: Loading and unloading of vehicles shall occur between the hours
of 7:00 am and 10:00 pm.
This is a condition of the Special Use Permit application that is not Waivable. The
applicant will be required to load and unload, or in this instance, drive the
vehicles back and forth between the subject site and the dealership between the
hours of 7:00 am and 10:00 pm only.
3. Requirement 3: All areas used for the parking or storage of vehicles shall be
paved.
The proposed use meets this requirement as the subject site is currently paved.
4. Requirement 4: Stored vehicles shall be effectively screened so as not to be
visible from adjoining properties or public rights-of-way.
The subject site is currently screened with a solid 6-foot block wall along the
north, west, and east property lines. As permitted by Title 19.08, the front of the
subject site has a 5-foot tall wrought iron fence along the east property line
adjacent to Potosi Street. In addition, a condition of approval has been added for
the landscaping to be brought into compliance with Title 19.08 minimum
requirements for landscape buffers to further screen the Auto Dealer Inventory
Storage.
5. Requirement 5: The parcel must be located on a primary or secondary
thoroughfare, or on a parcel that is adjacent to and accessed through a parcel
located on a primary or secondary thoroughfare.
The subject site is located on a 60-foot Local Street as defined by Title 13 and
does not have direct access to a primary or secondary thoroughfare. The
applicant has requested a Waiver of this requirement and has agreed to the
condition of approval prohibiting the loading and unloading of motor vehicles in
the public right-of-way. As indicated in the justification letter, the vehicles will be
driven back and forth between the storage lot and the dealership.
NE
FINDINGS (ZON-67798)
In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning
Commission or City Council must affirm the following:
1.
2.
The uses which would be allowed on the subject property by approving the
rezoning will be compatible with the surrounding land uses and zoning
districts.
Uses permitted in the proposed C-1 (Limited Commercial) zoning district include
Banquet Facilities, Clinics, General Retail Stores, Health Clubs, Self-Service
Laundry facilities, Trade Schools. Restaurants, Wedding Chapels, General
Personal Service (E.g. Hair Salons, Dry Cleaners, Tanning Salon) and Rental
Stores. These land uses typically have more traffic and hours of operation that
include evenings and weekends unlike the current zoning district, P-R
(Professional Office and Parking) which only permits land uses such as Office,
Other Than Listed; and Office, Medical or Dental. With existing single family
residential homes located directly northwest and northeast of the subject site,
these uses are not compatible with the existing surrounding land uses.
NE
3.
Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
This is an established area that has not experienced new construction or
residential growth. Rezoning the subject site to accommodate an Auto Dealer
Inventory Storage lot does not fulfill a need indicated by the surrounding
community as a whole.
4.
FINDINGS (SUP-67779)
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.
2.
The subject site is physically suitable for the type and intensity of land use
proposed.
The subject site is not physically suited to accommodate the loading and
unloading of motor vehicles from a tractor-trailer auto transporter within the
subject site, requiring the need for the vehicles to be loaded and unloaded at the
dealership and driven back and forth between the subject site and the dealership.
3.
NE
The subject site is accessed by a 60-foot Local street as defined by Title 13. Local
streets are designed to carry a combination of light commercial and residential
traffic between minor collectors, major collectors and primary arterial, not tractor
trailer auto transporters capable of carrying 12 motor vehicles. Loading and
unloading is prohibited within the public right-of-way, and the subject site is not
large enough to accommodate the loading and unloading of motor vehicles from a
tractor trailer auto transporter.
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 minimum requirements set forth by Title 19.12 are in place to ensure the
overall objectives of the General Plan are met. Waiving condition number five that
requires the proposed land use to be located on a primary or secondary
thoroughfare, and allowing for the motor vehicles to be driven back and forth
between the dealership itself, and the subject site does not support the overall
goal of the General Plan to alieve traffic congestion for the city.
5.
The use meets all of the applicable conditions per Title 19.12.
The subject site is not physically suited to accommodate the loading and
unloading of motor vehicles on-site as condition number one requires, which
states, All loading and unloading of vehicles shall occur on site. The subject site
is not able to accommodate tractor trailer auto transporters, and must have the
motor vehicles loaded and unloaded at the dealership and then driven back and
forth between the dealership and the subject site if approved.
Additionally, the subject site is not able to satisfy condition number five which
states, The parcel must be located on a primary or secondary thoroughfare, or on
a parcel that is adjacent to and accessed through a parcel located on a primary or
secondary thoroughfare. The subject site is located on a 60-foot Local Street
(Potosi Street), nor does the subject site have access to a primary or secondary
thoroughfare through another parcel. The applicant has requested a Waiver of this
condition.
FINDINGS (SDR-67795)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E)
the Planning Commission and/or City Council must affirm the following:
NE
1.
2.
The proposed development is consistent with the General Plan, this Title,
the Design Standards Manual, the Landscape, Wall and Buffer Standards,
and other duly-adopted city plans, policies and standards;
The proposed development does not meet current Landscape buffer widths, and
landscaping requirements for both the parking lot and landscape buffers as
defined by Title 19.08. The subject site is currently zoned P-R (Professional Office
and Parking) in order to provide an appropriate buffer to the residential land uses
to the north of the subject site and is not consistent the Citys policies and
standards.
3.
4.
Building and landscape materials are appropriate for the area and for the
City;
No building has been proposed as part of these applications as this is an existing
Parking Facility. The Landscape materials are also in existence, but do not meet
the minimum requirements set forth by Title 19.08. A condition of approval has
been added to ensure compliance in regards to the Landscape Buffer areas, and
the applicant has requested an Exception of the parking lot landscape
requirements.
NE
5.
6.
Appropriate measures are taken to secure and protect the public health,
safety and general welfare.
If approved, the subject site and land use will be subject to the conditions of
approval listed herein, and all applicable City codes to ensure public health,
safety, and general welfare.
RECOMMENDATION
Staff is recommending denial of the Rezoning application, the Special Use Permit, and the
Site Development Plan Review as the proposed land use is not compatible with existing
residential zoning districts and land uses to the north, northwest, and northeast; nor can
the proposed land use operate in a manner that is harmonious or compatible with the
existing surrounding land uses.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a request for a General Plan Amendment
(GPA-0045-99) to amend a portion of the Southwest Sector of the
General Plan on property located on the west side of Potosi Street,
03/01/00
approximately 280 feet north of Sahara Avenue from PF (Public
Facilities) to O (Office). The Planning Commission recommended
approval.
NE
NE
Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
10/24/16
requirements for a Rezoning, Special Use Permit, and Site
Development Plan Review application were discussed.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
12/05/16
During a routine field check performed by staff, staff observed the lot
being used as an Auto Dealer Inventory Storage lot without the proper
entitlements. The violation was reported to Code Enforcement for
further action. The existing landscape buffers did not meet current Title
19 requirements for trees and shrubs, with weeds mixed in with the
existing landscaping. A condition of approval has been added to
ensure compliance. Motor Vehicles were also observed parked in the
parking lot drive isles, not within legal parking spaces.
Surrounding
Property
Existing Land
Use Per Title
19.12
Planned or Special
Land Use
Designation
Subject
Property
Parking Facility
Individual Care
Group Home
Office, Other Than
Listed
DR (Desert Rural
Density Residential)
North
O (Office)
Existing Zoning
District
P-R (Professional
Office and Parking)
R-E (Residence
Estates)
P-R (Professional
Office and Parking)
NE
Surrounding
Property
South
East
West
Existing Land
Use Per Title
19.12
General Personal
Service
Office, Other Than
Listed
Massage
Establishment
Catering Service
Liquor
Establishment
(Tavern)
General Retail
Store, Other Than
Listed
Office, Medical or
Dental
Planned or Special
Land Use
Designation
Existing Zoning
District
C-1 (Limited
Commercial)
Health Club
Hospital
C-1 (Limited
Commercial)
P-R (Professional
Office and Parking)
C-1 (Limited
Commercial)
Compliance
N/A
Compliance
N/A
Compliance
N/A
N/A
N/A
N/A
NE
DEVELOPMENT STANDARDS
Pursuant to Title 19.08, the following standards apply:
Landscaping and Open Space Standards
Required
Provided
Compliance
Standards
Ratio
Trees
Buffer Trees:
North
1 Tree / 20 Linear Feet
11 Trees
32 Trees
Y
South
1 Tree / 20 Linear Feet
13 Trees
11 Trees
N*
East
1 Tree / 20 Linear Feet
15 Trees
10 Trees
N*
West
1 Tree / 20 Linear Feet
15 Trees
18 Trees
Y
TOTAL PERIMETER TREES
54 Trees
125 Trees
Y*
1 Tree / 6 Uncovered
Parking Area
Spaces, plus 1 tree at the
22 Trees
7 Trees
N**
Trees
end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
8 Feet
7 Feet
N***
South
8 Feet
6 Feet
N***
East
15 Feet
14.5 Feet
N***
West
15 Feet
9 Feet
N***
Wall Height
6 to 8 Feet Adjacent to Residential
N/A
N/A
*Staff has added a Condition of Approval ensuring landscape buffer tree requirements are met.
**The applicant has requested an Exception for the parking area trees.
***The applicant is requesting a Waiver for reduced landscape buffer widths.
Street Name
Potosi Street
Functional
Classification
of Street(s)
Local
Governing
Document
Title 13
Actual
Street Width
(Feet)
60
Compliance
with Street
Section
Y
NE
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Use
Required
Parking
Parking
HandiRatio
Regular
capped
No additional
parking required
Auto Dealer Inventory
beyond that which
Storage
is required for the
principal use(s) on
site.
TOTAL SPACES REQUIRED
N/A
Regular and Handicap Spaces Required
N/A
Provided
Parking
HandiRegular
capped
Compliance
107
N/A
N/A
107
Waivers
Requirement
The parcel must be located
on a primary or secondary
thoroughfare, or on a parcel
that is adjacent to and
accessed through a parcel
located on a primary or
secondary thoroughfare.
Request
Staff
Recommendation
Denial
Denial
NE
Exceptions
Requirement
One tree shall be planted for
every six uncovered parking
spaces; and each landscape
island shall have at least one
shade tree.
Request
Staff Recommendation
To provide seven
trees in the landscape islands where
22 are required.
Denial
NE
SUP-67799
SDR-67795
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Discussion
SUBJECT:
SUP-67799 - SPECIAL USE PERMIT RELATED TO ZON-67798 - PUBLIC HEARING APPLICANT/OWNER: ALEENE F. BECKER TRUST - For possible action on a request for a
Special Use Permit FOR A PROPOSED AUTO DEALER INVENTORY STORAGE USE at
2353, 2363, 2383, and 2393 Potosi Street (APNs 163-01-804-001 through 004), P-R
(Professional Office and Parking) Zone [PROPOSED: C-1 (Limited Commercial)], Ward 1
(Tarkanian) [PRJ-67396]. Staff recommends DENIAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
SUP-67799
SUP-67799
Discussion
SUBJECT:
SDR-67795 - SITE DEVELOPMENT PLAN REVIEW RELATED TO ZON-67798 AND SUP67799 - PUBLIC HEARING - APPLICANT/OWNER: ALEENE F. BECKER TRUST - For
possible action on a request for a Site Development Plan Review FOR A PROPOSED AUTO
DEALER INVENTORY STORAGE USE WITH WAIVERS OF THE LANDSCAPE BUFFER
REQUIREMENT TO ALLOW A SEVEN-FOOT LANDSCAPE BUFFER ALONG THE
NORTH PERIMETER AND A SIX-FOOT LANDSCAPE BUFFER ALONG THE SOUTH
PERIMETER WHERE EIGHT FEET IS REQUIRED; TO ALLOW A 14-FOOT LANDSCAPE
BUFFER ALONG THE EAST PERIMETER AND A NINE-FOOT LANDSCAPE BUFFER
ALONG THE WEST PERIMETER WHERE 15 FEET IS REQUIRED; AND A WAIVER TO
ALLOW THE USE TO BE LOCATED ON A 60-FOOT LOCAL STREET WHERE A 100FOOT PRIMARY OR SECONDARY THOROUGHFARE IS REQUIRED on 1.76 acres at
2353, 2363, 2383, and 2393 Potosi Street (APNs 163-01-804-001 through 004), P-R
(Professional Office and Parking) Zone [PROPOSED: C-1 (Limited Commercial)], Ward 1
(Tarkanian) [PRJ-67396]. Staff recommends DENIAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
SDR-67795
SDR-67795
Discussion
SUBJECT:
VAR-67606 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: MIHAI PAUN For possible action on a request for a Variance TO ALLOW A 11-FOOT FRONT YARD
SETBACK WHERE 18 FEET IS REQUIRED FOR AN EXISTING CARPORT at 4000 Red
Pony Court (APN 140-31-511-009), R-CL (Single-Family Compact-Lot) Zone, Ward 3 (Coffin)
[PRJ-65724]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 2/15/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
VAR-67606 [PRJ-65724]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-67606
RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:
REQUIRED FOR
APPROVAL
N/A
** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
NOTICES MAILED
283
APPROVALS
PROTESTS
32
RG
VAR-67606 [PRJ-65724]
Conditions Page One
January 10, 2017 - Planning Commission Meeting
** CONDITIONS **
VAR-67606 CONDITIONS
Planning
1.
This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
2.
All necessary building permits shall be obtained and final inspections shall be
completed in compliance with Title 19 and all codes as required by the Department
of Building and Safety.
3.
These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit.
4.
All City Code requirements and design standards of all City departments must be
satisfied, except as modified herein.
RG
VAR-67606 [PRJ-65724]
Staff Report Page One
January 10, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting a Variance to allow an existing carport within the required
front yard setback on a property located at 4000 Red Pony Court.
ISSUES
The Variance request is to allow the existing carport 11 feet from the front property
line where 18 feet is the minimum required in the R-CL (Single-Family Compact-Lot)
zoning district. Staff recommends denial of the request.
This Variance application is a result of an open Code Enforcement action.
ANALYSIS
The subject property is located in the R-CL (Single-Family Compact-Lot) zoning district
and is subject to the requirements of Title 19.06 standards. The minimum front yard
setback requirement in the R-CL district is either 14 feet to the house or 18 feet to the
front entry garage. The dwelling has a front entry garage design. Pursuant to Title
19.06, the eves may be within three feet of the rear and side property lines. Since the
carport is located in the front yard, it must meet the applicable front yard setback. The
existing carport is attached to the existing dwelling and is located over the driveway
which results in a front yard setback of 11 feet from the front property line.
The applicant is requesting a Variance to allow the existing carport to remain in its
current location. There are no unique circumstances with this Variance request and
staff recommends denial. If approved it is subject to conditions.
FINDINGS (VAR-67606)
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.
RG
VAR-67606 [PRJ-65724]
Staff Report Page Two
January 10, 2017 - Planning Commission Meeting
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a request for a Reclassification of property
(Z-0013-93) from: R-E (Residence Estates) and R-1 (Single Family
04/07/93
Residential) to: R-CL (Single-Family Compact-Lot) located on the
southeast corner of Bonanza Road and Sandhill Road. The Planning
Commission and staff recommended approval.
A code enforcement case (#166681) was processed for a building
05/11/16
patio cover in front and back without permits at 4000 Red Pony Court.
The case is currently open.
RG
VAR-67606 [PRJ-65724]
Staff Report Page Three
January 10, 2017 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was conducted with the applicants
representative to discuss the Variance application submittal process
for an existing accessory structure. The representative indicated that
07/18/16
the accessory structures three post located near the front property line
will be reduced as shown on the site plan submitted for the meeting to
reduce the impact of the Variance application. The representative will
work on attaching the accessory structure onto the existing dwelling.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
12/05/16
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
Public School,
Primary
Planned or Special
Land Use
Designation
ML (Medium Low
Density Residential)
ML (Medium Low
Density Residential)
ML (Medium Low
Density Residential)
ML (Medium Low
Density Residential)
PR-OS
(Parks/Recreation/Op
en Space)
Existing Zoning
District
R-CL (Single-Family
Compact-Lot)
R-CL (Single-Family
Compact-Lot)
R-CL (Single-Family
Compact-Lot)
R-CL (Single-Family
Compact-Lot)
C-V (Civic)
RG
VAR-67606 [PRJ-65724]
Staff Report Page Four
January 10, 2017 - Planning Commission Meeting
Compliance
N/A
Compliance
N/A
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
3,000 SF
Min. Lot Width
35 Feet
Min. Setbacks
18 Feet to front
Front
entry garage
Street Name
Red Pony Court
Functional
Classification of
Street(s)
Governing
Document
Local Street
N/A
Provided
5,763 SF
51 Feet
Compliance
Y
Y
11 Feet
Actual
Street
Width
(Feet)
50
Complian
ce with
Street
Section
Y
RG
VAR-67606
VAR-67606
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VAR-67606
Discussion
SUBJECT:
VAR-67837 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: GARY L BOYTER
LIVING TRUST - For possible action on a request for a Variance TO ALLOW A ZERO-FOOT
SIDE YARD SETBACK WHERE THREE FEET IS REQUIRED; A FOUR-FOOT FRONT
YARD SETBACK WHERE 20 FEET IS REQUIRED; A THREE-FOOT DISTANCE
SEPARATION FROM THE MAIN BUILDING WHERE SIX FEET IS REQUIRED; TO
ALLOW AN ACCESSORY STRUCTURE THAT IS NOT AESTHETICALLY COMPATIBLE
WITH THE PRINCIPAL DWELLING AND TO ALLOW AN ACCESSORY STRUCTURE IN
FRONT OF THE PRIMARY STRUCTURE FOR AN EXISTING 324 SQUARE-FOOT
ACCESSORY STRUCTURE (CLASS II) [CARPORT] on 0.14 acres at 2725 Merritt Avenue
(APN 162-08-511-055), R-1 (Single Family Residential) Zone, Ward 1 (Tarkanian) [PRJ67651]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 2/15/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
VAR-67837 [PRJ-67651]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-67837
RECOMMENDATION
REQUIRED FOR
APPROVAL
** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
NOTICES MAILED
167
APPROVALS
PROTESTS
23
CS
VAR-67837 [PRJ-67651]
Conditions Page One
January 10, 2017 - Planning Commission Meeting
** CONDITIONS **
VAR-67837 CONDITIONS
Planning
1.
This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
2.
All necessary building permits shall be obtained and final inspections shall be
completed in compliance with Title 19 and all codes as required by the Department
of Building and Safety.
3.
These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit.
4.
All City Code requirements and design standards of all City departments must be
satisfied, except as modified herein.
CS
VAR-67837 [PRJ-67651]
Staff Report Page One
January 10, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting to keep an existing carport located in the required front yard
setback area. The carport is also located in front of and too close to the principal
dwelling located at 2725 Merritt Avenue.
ISSUES
The R-1 (Single Family Residential) zoning district requires detached accessory
structures to have a side yard setback of three feet and a minimum distance
separation of six feet from the principal dwelling. Accessory structures are not
allowed in the front yard; however the applicant is requesting a Variance to keep an
existing Accessory Structure (Class II) [carport] with a front yard setback of four feet,
a side yard setback of zero feet and a three-foot distance separation from the
principal dwelling.
Per Title 19.06.040, accessory structures are not permitted in front of the primary
structure. The applicant is proposing to keep an existing accessory structure (class
II) [carport] in front of the principal dwelling. Staff recommends denial of the request.
ANALYSIS
The subject Accessory Structure (Class II) [carport] is located within the front-yard
setback of the subject property. There are no building permits on file for the structure.
According to the Clark County GIS (Geographic Information System) Aerial Map, the
carport is estimated to have been constructed in the fall of 2006. The City of Las Vegas
Code Enforcement Department opened Case #170287 on 09/01/16 for the subject
carport. The applicant proposes to keep the carport in its current location with a fourfoot front-yard setback, zero-foot side-yard setback and a three-foot distance separation
from the principal dwelling. Per Title 19.06.040, accessory structures are not allowed in
the front setback. This code section also requires accessory structures to be
aesthetically compatible with the principal dwelling. The subject carport fails to meet
this requirement, as it is made of metal material and the home is made of white siding.
Since this is a self-imposed hardship created by the owner, staff recommends denial of
the request. If approved, the applicant will be able to keep the existing accessory
structure as currently positioned.
CS
VAR-67837 [PRJ-67651]
Staff Report Page Two
January 10, 2017 - Planning Commission Meeting
FINDINGS (VAR-67837)
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.
CS
VAR-67837 [PRJ-67651]
Staff Report Page Three
January 10, 2017 - Planning Commission Meeting
Pre-Application Meeting
Staff conducted a pre-application meeting with the applicant where the
11/08/16
submittal requirements and deadlines were reviewed.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
12/05/16
Staff conducted a routine field check and found the site to be well
maintained. An existing carport was found to be positioned in the front
yard setback.
Existing Land
Use Per Title
19.12
Single Family,
Detached
Single Family,
Detached
Multi-Family
Residential
Single Family,
Detached
Single Family,
Detached
Planned or Special
Land Use
Designation
L (Low Density
Residential)
L (Low Density
Residential)
H (High Density
Residential)
L (Low Density
Residential)
L (Low Density
Residential)
Existing Zoning
District
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
Compliance
N/A
Compliance
Y
CS
VAR-67837 [PRJ-67651]
Staff Report Page Four
January 10, 2017 - Planning Commission Meeting
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Per Title 19.06.070, the following standards apply:
Standard
Min. Lot Size
Min. Lot Width
Min. Setbacks
Front
Side
Corner
Rear
Min. Distance From Principal
Dwelling
Max. Lot Coverage
Max. Building Height
Required/Allowed
6,500 SF
60 Feet
Provided
6,098 SF
61 Feet
Compliance
N
Y
20 Feet
3 Feet
15 Feet
3 Feet
4 Feet
0 Feet
N/A
78 Feet
N
N
N/A
Y
6 Feet
50%
35 Feet
3 Feet
33%
10 Feet
N
Y
Y
CS
VAR-67837
VAR-67837
VAR-67837
VAR-67837
VAR-67837
Discussion
SUBJECT:
SUP-67830 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: YVETTE
CHAPPEL - OWNER: 5831 W CRAIG, LLC - For possible action on a request for a Special
Use Permit FOR A PROPOSED 1,337 SQUARE-FOOT MASSAGE ESTABLISHMENT
WITH A WAIVER TO ALLOW A ZERO-FOOT DISTANCE SEPARATION FROM A
RESIDENTIALLY ZONED PARCEL WHERE 400 FEET IS THE MINIMUM DISTANCE
REQUIRED at 5803 West Craig Road, Suite #101 (APN 138-01-312-002), C-1 (Limited
Commercial) Zone, Ward 5 (Barlow) [PRJ-67401]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 2/15/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
SUP-67830 [PRJ-67401]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-67830
RECOMMENDATION
REQUIRED FOR
APPROVAL
** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
NOTICES MAILED
155
APPROVALS
PROTESTS
20
CS
SUP-67830 [PRJ-67401]
Conditions Page One
January 10, 2017 - Planning Commission Meeting
** CONDITIONS **
SUP-67830 CONDITIONS
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Massage
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.
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.
CS
SUP-67830 [PRJ-67401]
Staff Report Page One
January 10, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a 1,337 square-foot Massage Establishment to be located within an
existing shopping center at 5803 West Craig Road, Suite #101.
ISSUES
Per Title 19.12, a Massage Establishment use is permissible in the C-1 (Limited
Commercial) zoning district with approval of a Special Use Permit.
A Waiver is required to allow a distance separation of zero feet from a residential
use where 400 feet is the minimum distance required. Staff recommends denial of
the request.
ANALYSIS
The subject tenant space is located within an existing 79,150 square-foot shopping
center. The Massage Establishment use is defined by Title 19.12 as: A facility which is
occupied and used for the purpose of practicing massage therapy as defined in LVMC
Chapter 6.52. This use does not include the use accessory massage, as defined in
this Title.
The Minimum Special Use Permit Requirements for this use include:
1. The use shall comply with all applicable requirements of LVMC Title 6.
The proposed use meets this requirement, as a condition of approval has been
added requiring compliance with all applicable LVMC Title 6 requirements.
2. The use must be located on a secondary thoroughfare or larger.
The proposed use meets this requirement, as the subject site is located along
Craig Road, a 120-foot Primary Arterial and Jones Boulevard, a 100-foot wide
Primary Arterial as indicated on the Master Plan of Streets and Highways.
3. The use may not be located within 400 feet of any church/house of worship,
school, City park, individual care center licensed for more than 12 children, or
any parcel zoned for residential use.
CS
SUP-67830 [PRJ-67401]
Staff Report Page Two
January 10, 2017 - Planning Commission Meeting
The proposed use does not meet this requirement, as there is a residentially
zoned property within 400 feet of the subject site to the east. The applicant is
requesting a Waiver to address the issue. Specifically, the applicant is requesting
a Waiver to allow a distance separation of zero feet from a residential use where
400 feet is the minimum distance required.
4. The use may not be located within 1,000 feet of any other massage
establishment.
The proposed use meets this requirement, as there are no other massage
establishments located within 1,000 feet of the subject property.
5. The hours of operation shall be limited to the period between 6:00 a.m. and
10:00 p.m., unless further limited by the City Council on a case-by-case basis.
The proposed use meets this requirement, as the applicant indicated in the Preapplication meeting that the hours of operation would adhere to Title 19
requirements.
The proposed use would be located within an existing shopping center with other uses
such as retail, restaurants, general office uses and an indoor childrens amusement
facility. Other than the minimum use requirements in Title 19.12, there are no special
development requirements pertaining to this site. While there are other Massage
Accessory uses within the commercial development, the subject location is not suitable
for a full-scale Massage Establishment due to the presence of a childrens indoor
amusement facility located within the shopping center and the proximity of the
residentially zoned property to the east; therefore, staff recommends denial of the
request.
FINDINGS (SUP-67830)
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.
CS
SUP-67830 [PRJ-67401]
Staff Report Page Three
January 10, 2017 - Planning Commission Meeting
2.
The subject site is physically suitable for the type and intensity of land use
proposed.
The site contains an existing 79,150 square-foot shopping center with other retail
and general office uses. This site contains adequate parking for all uses, and the
proposed use does not generate the need for any additional parking spaces.
3.
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 Massage Establishment use will be subject to regular City and
County inspections for licensing and will therefore not compromise the public
health, safety, and general welfare or any objective of the General Plan.
5.
The use meets all of the applicable conditions per Title 19.12.
The proposed Massage Establishment does not adhere to minimum distance
separation requirements. The applicant is requesting a waiver of minimum
distance separation requirements from an existing residentially zoned property. As
a result, the use cannot operate harmoniously with the residential land uses
adjacent to the subject site.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
Code Enforcement issued Case #115333 for an expired business
06/07/12
license. The case was closed on 06/21/12.
CS
SUP-67830 [PRJ-67401]
Staff Report Page Four
January 10, 2017 - Planning Commission Meeting
Pre-Application Meeting
Staff conducted a Pre-application meeting with the applicant where the
10/24/16
submittal requirements and deadlines were reviewed.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
12/05/16
Staff conducted a routine site visit and found an active and well
maintained shopping center. The subject tenant space was previously
occupied by a florist business.
Surrounding
Property
Existing Land
Use Per Title
19.12
Subject
Property
Shopping Center
North
Shopping Center
South
Single Family,
Detached
East
Single Family,
Detached
Undeveloped
West
Shopping Center
Planned or Special
Land Use
Designation
SC (Service
Commercial)
SC (Service
Commercial)
DR (Desert Rural
Density Residentialup to 2.49 du/ac)
DR (Desert Rural
Density Residentialup to 2.49 du/ac)
GC (General
Commercial)
SC (Service
Commercial)
Existing Zoning
District
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)
R-PD2 (Residential
Planned Development2 unit per gross acre)
R-E (Residence
Estates)
C-2 (General
Commercial)
C-1 (Limited
Commercial)
CS
SUP-67830 [PRJ-67401]
Staff Report Page Five
January 10, 2017 - Planning Commission Meeting
Compliance
N/A
Compliance
Y
Y
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Street Name
Functional
Classification
of Street(s)
Craig Road
Primary Arterial
120 FT
Primary Arterial
100 FT
Jones
Boulevard
Governing
Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Use
Gross Floor
Area or
Number of
Units
Shopping
Center
79,150 SF
Required
Parking
Parking
HandiRatio
Regular
capped
1:250 SF
Provided
Parking
HandiRegular
capped
Compliance
317
317
308
425
413
Y
Y
12
CS
SUP-67830 [PRJ-67401]
Staff Report Page Six
January 10, 2017 - Planning Commission Meeting
Waivers
Requirement
The use may not be located
within 400 feet of any
church/house of worship,
school, City park, individual
care center licensed for more
than 12 children, or any
parcel zoned for residential
use.
Request
Staff Recommendation
To allow a distance
separation of zero
feet from a
residential use where
400 feet is the
minimum distance
required
Denial
CS
SUP-67830
SUP-67830
SUP-67830
SUP-67830
SUP-67830 [PRJ-67401] - SPECIAL USE PERMIT - APPLICANT: YVETTE CHAPPEL - OWNER: 5831 W CRAIG, LLC
5803 WEST CRAIG ROAD, SUITE #101
12/05/16
SUP-67830
Discussion
SUBJECT:
SUP-67911 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
THORIN ROGERS - For possible action on a request for a Special Use Permit FOR A
PROPOSED SHORT-TERM RESIDENTIAL RENTAL USE WITH A WAIVER TO ALLOW
A ZERO-FOOT DISTANCE SEPARATION FROM A SIMILAR USE WHERE 660 FEET IS
REQUIRED at 549 East St. Louis Avenue (APN 162-03-315-020), R-1 (Single Family
Residential) Zone, Ward 3 (Coffin) [PRJ-67840]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 2/15/2017
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcard
SUP-67911 [PRJ-67840]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-67911
RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:
REQUIRED FOR
APPROVAL
N/A
** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
NOTICES MAILED
345
APPROVALS
PROTESTS
25
RG
SUP-67911 [PRJ-67840]
Conditions Page One
January 10, 2017 - Planning Commission Meeting
** CONDITIONS **
SUP-67911 CONDITIONS
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a ShortTerm Residential Rental use.
2.
This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
3.
4.
These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit, as well as submitted as part of any business license
application.
5.
All City Code requirements and design standards of all City departments must be
satisfied, except as modified herein.
RG
SUP-67911 [PRJ-67840]
Staff Report Page One
January 10, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit for a proposed Short-Term Residential Rental
use at 549 East St. Louis Avenue.
ISSUES
ANALYSIS
The subject property contains a single-family dwelling and is located within the Beverly
Green/Southridge Neighborhood Plan Area. The proposed Short-Term Residential
Rental use will not affect that plan. The applicant is requesting to allow a zero-foot
distance separation from similar use, where 660 feet is the minimum required pursuant
to Title 19.12.
A Short-Term Residential Rental use is permitted in the R-1 (Single Family Residential)
zoning district as a Conditional Use. However, since the proposed use does not meet
the Conditional Use Regulations, a Special Use Permit is required. As such, the
following analysis is required:
The Short-Term Residential Rental use is defined as The commercial use, or the
making available for commercial use, of a residential dwelling unit for dwelling, lodging
or sleeping purposes, wherein any individual guest rents or occupies the unit for a
period of less than 31 consecutive calendar days. This use does not include a
Community Residence, Facility for Transitional Living for Released Offenders, or any
other facility with dwelling units that is specifically defined in Chapter 19.18. The
proposed use meets the definition as the applicant stated in the justification letter date
stamped 11/23/16, that the subject property will be used as a vacation rental.
RG
SUP-67911 [PRJ-67840]
Staff Report Page Two
January 10, 2017 - Planning Commission Meeting
The Minimum Special Use Permit Requirements for this use include:
1. The operator must obtain a business license to operate the use.
If this Special Use Permit is approved, the applicant will be required to obtain a
business license
2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.
If a business license is issued for the Short-Term Residential Rental, it will be
subject to license renewal and annual compliance reviews to ensure that all
regulatory requirements are being met.
3. The use must comply with the Citys noise regulations as they apply to residential
uses.
If this use violates the Citys noise regulations, neighbors or members of the
public can file a complaint to the Code Enforcement Division, which would result
in enforcement action.
4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or
access to other properties in the area.
If the parking regulations are violated or, if traffic is obstructed to other properties,
the public can either call the Las Vegas Metropolitan Police Department or the
Business License Division for non-compliance of business license requirements.
5. In addition to and independent of any enforcement authority or remedy described
in this Title, the failure to comply with a Minimum Special Use Permit
Requirement or other condition of approval associated with this use may be
enforced as in the case of a violation of Title 6 by means of a civil proceeding
pursuant to LVMC 6.02.400 to 6.02.460, inclusive.
This application, if approved, will be subject to annual review for compliance of
the Special Use Permit by the Department of Planning.
6. The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).
RG
SUP-67911 [PRJ-67840]
Staff Report Page Three
January 10, 2017 - Planning Commission Meeting
The subject property is located next to a property that has a current business
license for a Short-Term Residential Rental. This Special Use Permit application
is accompanied with the request for a waiver of the distance separation.
7. The maximum occupancy of the residential dwelling unit shall not exceed the
limits provided for in LVMC 6.75.090.
Business License will conduct compliance inspections once the business license
is approved for compliance review.
The proposed land use cannot be conducted in a manner that is harmonious and
compatible with the existing surrounding land uses due to the waiver request to allow a
zero-foot distance separation where 660 feet is required, which results in an over
saturation of the use within the residential neighborhood. Therefore, staff recommends
denial and if this application is approved, it is subject to conditions.
FINDINGS (SUP-67911)
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.
2.
The subject site is physically suitable for the type and intensity of land use
proposed.
The proposed Short-Term Residential Rental use is suitable, but the requested
waiver results in use saturation. There are three similar uses within 660 feet of
the subject property.
3.
SUP-67911 [PRJ-67840]
Staff Report Page Four
January 10, 2017 - Planning Commission Meeting
4.
Approval of the Special Use Permit at the site in question will not be
inconsistent with or compromise the public health, safety, and welfare or
the overall objectives of the General Plan.
The proposed use will be subject to conditions of approval and business license
approval and compliance. The Department of Fire and Rescue must inspect and
approve the occupancy of an establishment before it may be used as a short-term
residential rental.
5.
The use meets all of the applicable conditions per Title 19.12.
The proposed use does not meet all of the applicable conditions of Title 19.12.
The use may not be closer than 660 feet from any other Short-Term Residential
Rental uses. The applicant is requesting a waiver to allow a zero-foot distance
separation.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved the Historic Preservation Commission
(HPC-64622) to designate the Beverly Green Historic District,
generally bound by Oakey Boulevard (on the north), Rexford Drive (on
09/21/16
the west), East St. Louis Avenue (on the south), and South 6 th Street
(on the east), to be included on the City of Las Vegas Historic Property
Register as a Historic District.
The Planning Commission
recommended approval.
A Code Enforcement case (#171977) was processed for an air bed
11/02/16
and breakfast at 549 East St. Louis Avenue. The case is currently
active.
RG
SUP-67911 [PRJ-67840]
Staff Report Page Five
January 10, 2017 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was conducted with the property owner.
The applicant has been informed about the distance separation
requirements. A property located to the west of the property has an
11/21/16
active business license for a Short-Term Residential Rental use. The
applicant was informed that a Special Use Permit application is
required with a waiver of the distance separation of zero feet where
660 feet is required by code.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
12/05/16
A field check was conducted by staff and found that the property is
well maintained.
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
L (Low Density
Residential)
L (Low Density
Residential)
L (Low Density
Residential)
L (Low Density
Residential)
L (Low Density
Residential)
Existing Zoning
District
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
Compliance
N/A
Compliance
N/A
RG
SUP-67911 [PRJ-67840]
Staff Report Page Six
January 10, 2017 - Planning Commission Meeting
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Street Name
Functional
Classification
of Street(s)
Governing
Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
St. Louis
Avenue
Major Collector
80
Waivers
Requirement
A 660-foot distance
separation from similar uses.
Request
Zero-foot distance
separation.
Staff Recommendation
Denial
RG
SUP-67911
SUP-67911
SUP-67911
SUP-67911
7777A
A7A77
7A
Ab77
SUP-67911
77A
A
A
A
A
A
77!A
7777A
A7A777
b7
SUP-67911
A
A
7
7777A
777
777
7777777777777777
7777777777777777777
7777777777/777777777777
7777777777A77777777
77777777
7777777777777777777
77777777777/7777
777777777777777
7777777777777777
77777777777777777/77
777777777777777777
777777777777777777
7777777777777777777
7777777777777777
77777777777777
7777777777777
777777777777/777777777
7777
777777777777777
77777777777777777
7777777777777777
777777777 7777b77777
7777777777777777
77
/7777
7
7
SUP-67911
Discussion
SUBJECT:
SDR-67942 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING APPLICANT/OWNER: 3250 SPRING MOUNTAIN TRUST - For possible action on a request
for a Site Development Plan Review FOR A PROPOSED SINGLE-STORY, 8,660 SQUAREFOOT BUILDING WITH A WAIVER OF DOWNTOWN CENTENNIAL PLAN SETBACK
AND STREETSCAPE STANDARDS on 1.09 acres at the northeast corner of Park Paseo and
Las Vegas Boulevard (APN 162-03-112-021), C-2 (General Commercial) Zone, Ward 3 (Coffin)
[PRJ-67640]. Staff recommends DENIAL.
C.C.: 2/15/2017
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Support Postcard
SDR-67942 [PRJ-67640]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
RECOMMENDATION
SDR-67942
REQUIRED FOR
APPROVAL
** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
NOTICES MAILED
341
APPROVALS
PROTESTS
30
SS
SDR-67942 [PRJ-67640]
Conditions Page One
January 10, 2017 - Planning Commission Meeting
** CONDITIONS **
SDR-67942 CONDITIONS
Planning
1.
This approval shall be void two years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.
2.
All development shall be in conformance with the site plan and landscape plan
date stamped 12/15/16, and building elevations, date stamped 11/28/16, except as
amended by conditions herein.
3.
A Waiver from the Downtown Centennial Plan is hereby approved, to allow a fivefoot wide sidewalk along Park Paseo with no amenity zone or additional
streetscape materials where a 10-foot sidewalk and five-foot amenity zone with
eight 36-inch box shade trees are required.
4.
A Waiver from the Downtown Centennial Plan is hereby approved, to allow zero
percent of the proposed building to front along the west property line where 70
percent of the first story faade shall align along the front property line.
5.
All new signage shall meet Downtown Centennial Plan and Las Vegas Boulevard
Scenic Byway requirements or be approved by the Downtown Design Review
Committee prior to installation of such signage.
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.
SDR-67942 [PRJ-67640]
Conditions Page Two
January 10, 2017 - Planning Commission Meeting
9.
A fully operational fire protection system, including fire apparatus roads, fire
hydrants and water supply, shall be installed and shall be functioning prior to
construction of any combustible structures.
10. Prior to the submittal of a building permit application, the applicant shall meet with
Department of Planning staff to develop a comprehensive address plan for the
subject site. A copy of the approved address plan shall be submitted with any
future building permit applications related to the site.
11. All City Code requirements and design standards of all City Departments must be
satisfied, except as modified herein.
Public Works
12. Where buildings do not currently exist, dedicate an additional 10 feet of right-ofway on Las Vegas Boulevard and a 25-foot radius at the northeast corner of Las
Vegas Boulevard and Park Paseo prior to the issuance of any permits as required
by the Department of Public Works.
13. Correct all Americans with Disabilities Act (ADA) deficiencies and substandard
improvements on the sidewalks adjacent to this site in accordance with code
requirements of Title 13.56.040 to the satisfaction of the City Engineer concurrent
with development of this site. The driveway on Las Vegas Boulevard South shall
comply with Standard Drawing #222.
14. 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.
15. Contact the City Engineers Office at 702-229-6272 to coordinate the development
of this project with the Las Vegas Boulevard Beautification, Stewart to Sahara
project and any other public improvement projects adjacent to this site. Comply
with the recommendations of the City Engineer.
16. Meet with the Flood Control Section of the Department of Public Works for
assistance with establishing finished floor elevations and drainage paths for this
site prior to submittal of construction plans, the issuance of any building or grading
permits or the submittal of a map for this site, whichever may occur first. Provide
and improve all drainage ways as recommended.
SS
SDR-67942 [PRJ-67640]
Staff Report Page One
January 10, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting to add a new 8,660 square-foot in-line retail building on a
parcel that contains an existing 9,471 square-foot building. A portion of the existing
building would be demolished to provide space for this new building, for a total
combined floor area of 14,177 square feet.
ISSUES
ANALYSIS
All development is subject to the standards of LVMC Title 19 and the Downtown
Centennial Plan (Downtown South District Standards). Downtown Design Review
Committee review is required for all newly proposed signage on this site, unless such
signage meets Title 19.08 and Las Vegas Boulevard Scenic Byway (75% neon
illumination) standards, in which case it can be reviewed administratively, separately
from other entitlements. A condition of approval addresses this requirement.
Access from Las Vegas Boulevard is proposed to be moved from the north side of the
site to a central location. The existing eastern driveway from Park Paseo would remain,
while the western driveway would be removed. The eastern driveway provides for left
SS
SDR-67942 [PRJ-67640]
Staff Report Page Two
January 10, 2017 - Planning Commission Meeting
turns both in and out of the site. Circulation is logical; however, with the western
driveway removal on Park Paseo, access to the existing parking will be impeded by
proposed curbing. Overhead power lines crossing the site at a diagonal would be
buried if approved. The proposed trash enclosure would be screened by interior
landscaping.
The current retail building on the site requires 55 parking spaces under current Unified
Development Code requirements. Presently, 15 spaces are being provided in the rear
of the existing building. The proposed retail building would require 50 new parking
spaces and the proposed truncated existing building would require 32 spaces for a total
of 82 spaces under the UDC. Although projects located within the Las Vegas
Downtown Centennial Plan area are not subject to the automatic application of parking
requirements, the 45 proposed spaces would represent a 45 percent deviation if the
UDC requirements were applied, which indicates that not enough parking is provided or
the site is being overbuilt. The applicant states that these spaces will be sufficient, as
the project will be located along a major thoroughfare with adequate public transit and
high pedestrian traffic. However, parking requirements would increase if more intense
uses such as restaurants are introduced in the future.
The existing building contains a nonconforming adult emporium (bookstore) that cannot
be increased, enlarged, extended or altered without losing its nonconforming status.
The portion of the building where this use is located would remain in its current location
as part of this development.
The existing building is set back approximately 10 feet from the west property line. The
proposed building would match this setback, requiring a waiver from the 70 percent
build-to line requirement of the Downtown Centennial Plan. In addition, if approved, the
Department of Public Works will require the dedication of 10 feet for the Las Vegas
Boulevard right-of-way. Staff recommends approval of this request, as it is appropriate
to keep the proposed building in line with the existing building as well as to allow space
to provide the required streetscape along Las Vegas Boulevard. An encroachment
agreement and permit would be needed as appropriate for any improvements within the
public right-of-way.
There is currently only a curb and sidewalk adjacent to the existing building. New
Downtown Centennial Plan streetscaping is required adjacent to the new building and
along Park Paseo not adjacent to the existing building. The applicant proposes to close
off one of the existing curb cuts along Park Paseo in anticipation of a future pad site on
and adjacent to the site of the existing building. However, plans for the precise location
of the pad site are not known at this time and the site plan only reflects the existing
parking behind the building. The applicant states this as the reason for requesting a
waiver of the sidewalk and amenity zone along Park Paseo. Staff recommends denial
of the waiver, as the required streetscape could be installed with or without an additional
SS
SDR-67942 [PRJ-67640]
Staff Report Page Three
January 10, 2017 - Planning Commission Meeting
pad on the property. A wide landscape buffer with 36-inch box Chilean Mesquite trees
would be provided at the rear of the property.
The proposed building would be a 28-foot tall single story in-line retail structure facing
the interior of the property. The front faade of this building features a canopy and
varied rooflines with neon outline for visual interest. A reveal with metallic inlay is a
feature that is carried around all sides of the building, although the north elevation will
only be partially visible from Las Vegas Boulevard.
The lack of adequate parking and required Downtown Centennial Plan streetscape
combined with compromised access to the existing parking spaces and a driveway
design along Park Paseo that encourages turns into the adjacent residential
neighborhood contribute to a recommendation for denial. If denied, the proposed 8,660
square-foot building could not be constructed, although any portion of the existing
building not containing the Sexually Oriented Business could be removed.
FINDINGS (SDR-67942)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E)
the Planning Commission and/or City Council must affirm the following:
1.
2.
The proposed development is consistent with the General Plan, this Title,
the Design Standards Manual, the Landscape, Wall and Buffer Standards,
and other duly-adopted city plans, policies and standards;
The proposed development requires waivers of Downtown Centennial Plan
streetscape and setback requirements.
3.
SS
SDR-67942 [PRJ-67640]
Staff Report Page Four
January 10, 2017 - Planning Commission Meeting
Access from Las Vegas Boulevard is proposed to be moved from the north side of
the site to a central location. The existing eastern driveway from Park Paseo
would remain, while the western driveway would be removed. Circulation is
logical; however, with the driveway removal on Park Paseo, access to the existing
parking will be impeded by proposed curbing.
According to the Department of Public Works, this project will add approximately
370 trips per day on Las Vegas Boulevard and Park Paseo. Las Vegas Boulevard
is currently at about 79 percent of capacity and Park Paseo is at about 12 percent
of capacity. After this project, Las Vegas Boulevard is expected to be at about 81
percent of capacity and Park Paseo to be at about 32 percent of capacity. Based
on Peak Hour use, this development will add into the area roughly 32 additional
cars, or about one every two minutes.
4.
Building and landscape materials are appropriate for the area and for the
City;
Building materials are appropriate for the Downtown area. Landscape materials
where provided are not in conformance with Downtown Centennial Plan
requirements, and a condition of approval addresses this.
5.
6.
Appropriate measures are taken to secure and protect the public health,
safety and general welfare.
The proposed development will be subject to permit review and inspection,
thereby protecting the public health, safety and general welfare.
SS
SDR-67942 [PRJ-67640]
Staff Report Page Five
January 10, 2017 - Planning Commission Meeting
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The Board of Zoning Adjustment denied a request for a Special Use
Permit (U-0094-95) for the off-premise sale of beer and wine in
08/22/95
conjunction with a proposed food market at 1155 South Las Vegas
Boulevard. Staff recommended approval.
The City Council denied an appeal of the Zoning Board of
Adjustments decision to deny a request for a Variance (V-0043-99) to
allow a zero-foot side yard setback where 10 feet is required, a 12-foot
rear yard setback where 20 feet is required, a 10-foot corner side yard
07/26/99
setback where 15 feet is required; to allow 52 parking spaces where
67 are required; and to allow the continuation of a nonconforming use
of a nonconforming building in conjunction with a proposed 16,780
square-foot commercial center at 1141 South Las Vegas Boulevard.
Staff recommended denial.
At the applicants request, the Planning Commission voted to table a
request for a Special Use Permit (SUP-9896) for a proposed Mixed
Use Development at 1147 South Las Vegas Boulevard. Staff
recommended approval.
At the applicants request, the Planning Commission voted to table a
request for a Site Development Plan Review (SDR-9897) for a
02/23/06
proposed 324-foot tall, 26-story Mixed-Use Development with 178
residential units, 10,980 square feet of retail space and 42,500 square
feet of office space, with Waivers of the Downtown Centennial Plan
build-to line, upper floor stepback and streetscape standards on 1.09
acres at 1147 South Las Vegas Boulevard. Staff recommended
denial.
The Planning Commission recommended denial of a request for a Text
Amendment (TXT-62199) to amend LVMC 19.12.070 Conditional Use
Regulations related to Sexually Oriented Businesses to allow for
limited expansion, enlargement or alteration of nonconforming adult
05/10/16
emporiums located within the Downtown Centennial Plan area. The
request was forwarded to the City Council for consideration of a
possible ordinance; however, no hearing has been scheduled to
discuss the possible amendment.
SS
SDR-67942 [PRJ-67640]
Staff Report Page Six
January 10, 2017 - Planning Commission Meeting
12/05/16
The site contains a retail building at the front of the property along Las
Vegas Boulevard. Many of the retail stores in the building are out of
business, but the adult emporium remains in operation. The sidewalk
slopes down toward the street, but there are no trees or other
vegetation along Las Vegas Boulevard. There is a sidewalk and no
trees adjacent to the building along Park Paseo, but no trees or
groundcover. An above ground power line bisects the paved area
behind the building.
SS
SDR-67942 [PRJ-67640]
Staff Report Page Seven
January 10, 2017 - Planning Commission Meeting
Surrounding
Property
Subject
Property
North
South
Existing Land
Use Per Title
19.12
Sexually Oriented
Business
General Retail
Store
Wedding Chapel
Motel
Banquet Facility
Restaurant
Planned or Special
Land Use
Designation
Existing Zoning
District
C (Commercial)
C-2 (General
Commercial)
C (Commercial)
C (Commercial)
Parking Facility
East
Motel
C (Commercial)
West
Motel
Auto Repair
Garage, Minor
C (Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)
C-1 (Limited
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)
Compliance
Y
Y
Compliance
N
By Condition
Compliance
Y
Y
N/A
N/A
SS
SDR-67942 [PRJ-67640]
Staff Report Page Eight
January 10, 2017 - Planning Commission Meeting
DEVELOPMENT STANDARDS
Pursuant to the Downtown Centennial Plan, the following standards apply:
Standard
Required/Allowed
Provided
Compliance
Min. Lot Size
N/A
47,480 SF
N/A
Min. Lot Width
100 Feet
216 Feet
Y
Min. Setbacks
Front
70% alignment
0% alignment
N
Side
0 Feet
4 Feet
Y
Corner
70% alignment
existing building
N/A
Rear
0 Feet
22 Feet
Y
Max. Lot Coverage
N/A
29 %
N/A
Max. Building Height
N/A
28 Feet
N/A
Screened, Gated, w/ a Roof Screened, Gated, w/
Trash Enclosure
Y
or Trellis
a Roof
Mech. Equipment
Screened
Parapet screened
Y
New 8 Foot wall
6 to 8 Feet Adjacent to
Wall Height
adjacent to east PL
Y
Residential
(not residential)
Street Name
Functional
Classification
of Street(s)
Primary Arterial
Park Paseo
Minor Street
Streetscape Standards
Governing
Document
Required
5 amenity zone
25 BTH date palms in
30-foot increments
(2 trees required)
10 sidewalk
East-West Streets
(Park Paseo)
Compliance
with Street
Section
80
51
N/A
Master Plan of
Streets and
Highways Map
Title 13.12
10 sidewalk
Major North-South Streets
(Las Vegas Boulevard)
Actual
Street Width
(Feet)
5 amenity zone
36 shade trees at 1520 intervals
(8 trees required)
Provided
10-foot existing
sidewalk
Proposed 5-foot
amenity zone
(2) 36 box Chilean
Mesquite trees
Compliance
Y
Y
By Condition
5-foot sidewalk in
ROW
No proposed amenity
zone
N
N
Zero trees
SS
SDR-67942 [PRJ-67640]
Staff Report Page Nine
January 10, 2017 - Planning Commission Meeting
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement - Downtown
Use
General
Retail Store
Sexually
Oriented
Business
Gross Floor
Area or
Number of
Units
1 space
per 175
SF GFA
82
82
78
14,177 SF
Provided
Parking
HandiRegular
capped
45
43
Compliance
N
N
Loading
14,177 SF
2
0
N
Spaces
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.
The current retail building on the site requires 55 spaces under the current UDC
requirements. Presently, 15 spaces are being provided in the rear of the existing
building. The proposed retail building would normally require 50 new parking spaces
and the proposed truncated existing building would require 32 spaces for a total of 82
spaces. The 45 spaces proposed to be provided would represent a 45 percent
deviation if the UDC requirements were applied. The applicant states that the 45
spaces proposed will be sufficient, as the project will be located along a major
thoroughfare with adequate public transit and high pedestrian traffic.
Waivers
Requirement
All streets shall have a 5
amenity zone and 10
sidewalk, with 25 date palms
along Las Vegas Blvd every
30 and 36 shade trees at 1520 along Park Paseo
70 percent of the 1st story
faade shall align along the
front and corner side property
lines
Request
Staff Recommendation
Denial
Approval
SS
SDR-67942
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SDR-67942
SDR 67942
3250 Spring Mountain Trust
42.70
5.517
PM Peak Hour
0.96
3.71
236
5
20
New Use
Average Daily Traffic (ADT)
AM Peak Hour
42.70
8.66
PM Peak Hour
0.96
3.71
370
8
32
Total Use
Average Daily Traffic (ADT)
AM Peak Hour
11.03
GENERAL OFFICE BUILDING [1000 SF]
PM Peak Hour
14.177
1.56
1.49
606
13
52
26,713
2,137
Park Paseo
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)
353
28
This project will add approximately 370 trips per day on Las Vegas Blvd. and Park Paseo. Las Vegas is currently at about
79 percent of capacity and Park Paseo is at about 12 percent of capacity. After this project, Las Vegas is expected to be at
about 81 percent of capacity and Park Paseo to be at about 32 percent of capacity.
Based on Peak Hour use, this development will add into the area roughly 32 additional cars, or about one every two
minutes.
Note that this report assumes all traffic from this development uses all named streets.
SDR-67942 [PRJ-67640] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: 3250 SPRING MOUNTAIN
TRUST
NORTHEAST CORNER OF PARK PASEO AND LAS VEGAS BOULEVARD
12/05/16
SDR-67942 [PRJ-67640] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: 3250 SPRING MOUNTAIN
TRUST
NORTHEAST CORNER OF PARK PASEO AND LAS VEGAS BOULEVARD
12/05/16
SDR-67942 [PRJ-67640] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: 3250 SPRING MOUNTAIN
TRUST
NORTHEAST CORNER OF PARK PASEO AND LAS VEGAS BOULEVARD
12/05/16
SDR-67942 [PRJ-67640] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: 3250 SPRING MOUNTAIN
TRUST
NORTHEAST CORNER OF PARK PASEO AND LAS VEGAS BOULEVARD
12/05/16
SDR-67942 [PRJ-67640] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: 3250 SPRING MOUNTAIN
TRUST
NORTHEAST CORNER OF PARK PASEO AND LAS VEGAS BOULEVARD
12/05/16
SDR-67942 [PRJ-67640] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: 3250 SPRING MOUNTAIN
TRUST
NORTHEAST CORNER OF PARK PASEO AND LAS VEGAS BOULEVARD
12/05/16
SDR-67942 [PRJ-67640] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: 3250 SPRING MOUNTAIN
TRUST
NORTHEAST CORNER OF PARK PASEO AND LAS VEGAS BOULEVARD
12/05/16
SDR-67942 [PRJ-67640] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: 3250 SPRING MOUNTAIN
TRUST
NORTHEAST CORNER OF PARK PASEO AND LAS VEGAS BOULEVARD
12/05/16
SDR-67942 [PRJ-67640] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: 3250 SPRING MOUNTAIN
TRUST
NORTHEAST CORNER OF PARK PASEO AND LAS VEGAS BOULEVARD
12/05/16
SDR-67942 [PRJ-67640] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: 3250 SPRING MOUNTAIN
TRUST
NORTHEAST CORNER OF PARK PASEO AND LAS VEGAS BOULEVARD
12/05/16
SDR-67942 [PRJ-67640] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: 3250 SPRING MOUNTAIN
TRUST
NORTHEAST CORNER OF PARK PASEO AND LAS VEGAS BOULEVARD
12/05/16
SDR-67942 [PRJ-67640] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: 3250 SPRING MOUNTAIN
TRUST
NORTHEAST CORNER OF PARK PASEO AND LAS VEGAS BOULEVARD
12/05/16
SDR-67942 [PRJ-67640] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: 3250 SPRING MOUNTAIN
TRUST
NORTHEAST CORNER OF PARK PASEO AND LAS VEGAS BOULEVARD
12/05/16
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SDR-67942 - REVISED
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SDR-67942 - REVISED
Discussion
SUBJECT:
ABEYANCE - Discussion for possible action to receive a presentation regarding the
development and implementation of non-urban streetscape standards and provide direction to
staff on matters related thereto.
Fiscal Impact
No Impact
Budget Funds Available
Amount:
Funding Source:
Dept./Division:
Augmentation Required
PURPOSE/BACKGROUND:
At its May 24, 2016 Planning Commission Workshop, staff was directed to review regulations in
areas of Las Vegas with non-urban character. Title 19.04 of the Unified Development Code sets
forth requirements and standards for a variety of urban street types (complete street standards) to
provide a safe and accessible environment for a variety of transportation modes and users. Since
the adoption of the Code in 2011, staff typically recommends denial of planning applications
occurring in non-urban areas that do not meet complete street standards. Staff will present its
findings and recommendations for non-urban street standards for different street types and other
associated code revisions.
RECOMMENDATION:
Receive report and direct staff accordingly
BACKUP DOCUMENTATION:
None
Discussion
SUBJECT:
TXT-68157 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For possible action on a request to update the Downtown Centennial Plan to
replace the current permitted use table for the 18b The Las Vegas Arts District with a reference
to the permitted uses tables in LVMC Title 19 and provide for other related matters. Staff has
NO RECOMMENDATION.
THIS ITEM WILL BE FORWARDED TO CITY COUNCIL IN ORDINANCE FORM
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff has NO RECOMMENDATION
BACKUP DOCUMENTATION:
1. Proposed Amendments and Staff Report
TXT-68157
** STAFF RECOMMENDATION **
CASE
NUMBER
TXT-68157
RECOMMENDATION
REQUIRED FOR
APPROVAL
** PROPOSED AMENDMENTS **
1.
Subsection VII (D)(2) of the Las Vegas Downtown Centennial Plan, 18b The Las
Vegas Arts District Permitted Uses, is hereby deleted in its entirety.
2.
Section VII (D) of the Las Vegas Downtown Centennial Plan, 18b The Las Vegas
Arts District, is hereby amended by adding a new Subsection (2), Permitted Uses,
as follows:
2.
Permitted Uses:
Per Title 19.12.010 Land Use Tables.
RTS
TXT-68157
Staff Report Page One
January 10, 2017 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This item is for discussion and possible action on a request to update the Downtown
Centennial Plan to replace the current permitted use table for the 18b The Las Vegas
Arts District with a reference to the permitted uses tables in LVMC Title 19 and provide
for other related matters.
ISSUES
The 18b The Las Vegas Arts District is the only District covered by the Downtown
Centennial Plan that has standard zoning as provided for in Chapters 19.06 and
19.08 of LVMC Title 19 that has a distinct use table.
ANALYSIS
The stated goal for the 18b The Las Vegas Arts District is To promote the arts in
general, as well as the enhancement of existing businesses, while encouraging new
pedestrian oriented commercial, professional and residential growth within the
neighborhood. Since the adoption of the Downtown Centennial Plan in 2000, there
have been numerous changes to the Permissible Uses listed in LVMC Title 19, which is
the parent source of the uses permitted within 18b The Las Vegas Arts District. These
changes have not always been applied to the 18b The Las Vegas Arts District resulting
in lost economic opportunity and confusion as to what is allowed in the district.
The proposed amendment would eliminate the separate and distinct Permitted Uses list
of the 18b The Las Vegas Arts District and replace it with a reference to LVMC Chapter
19.12. This would bring the 18b The Las Vegas Arts District into parity with the other
districts covered by the Downtown Centennial Plan that utilize standard zoning districts
to regulate the development of land. The Parkway Center District is the only Downtown
Centennial Plan district that does not utilize standard zoning and will continue to have a
separate and distinct use list as required by its PD zoning classification.
Referring to LVMC Title 19 for the permitted uses instead of maintaining a separate and
distinct list of permitted uses will remove ambiguity regarding what is allowed in a given
zoning district in the 18b The Las Vegas Arts District. It will further eliminate the need for
redundant code amendments when a use is added, deleted or modified in the Unified
Development Code (LVMC Title 19). The elimination of the Permitted Uses list of the 18b
RTS
TXT-68157
Staff Report Page Two
January 10, 2017 - Planning Commission Meeting
The Las Vegas Arts District will open the district up for uses that, while otherwise permitted
under the zoning district, are not on the districts separate and distinct use list and may not
contribute to the elements of the stated goal for the district. Therefore, staff has no
recommendation regarding adoption of the proposed amendment.
FINDINGS (TXT-68157)
The proposed text amendment will achieve the following:
Eliminate the separate and distinct 18b The Las Vegas Arts District permitted uses
subsection and instead refer uses to the underlying zoning district and the use
requirements and limitations established for that zoning in LVMC Chapter 19.12.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
07/05/00
The City Council adopted the Las Vegas Downtown Centennial Plan.
The City Council approved a General Plan Amendment (GPA-2591) to
include a revised definition of the boundaries of the Arts District, to
include design standards for the Arts District, to establish permissible
uses for the Arts District, to provide corrected station locations of the
08/13/03
Las Vegas Monorail and establish standards for development adjacent
to the monorail route, to revise elements of the streetscape and design
standards, and to correct the Downtown Las Vegas Centennial
boundaries
The City Council approved a General Plan Amendment (GPA-3130) to
amend the Las Vegas Downtown Centennial Plan to include a revised
11/05/03
definition of boundaries and design standards for the Arts District and
other related matters.
The City Council adopted Resolution 85-2005 adopting 18b The Las
09/21/09
Vegas Arts District as the official name of the Downtown Arts District in
the Las Vegas Arts District.
The City Council adopted Ordinance 6028, which amended the
Downtown Centennial Plan to add Office, Other Than Listed, Banquet
02/04/09
Facility, and Massage, Accessory to the list of uses permitted within
18b The Las Vegas Arts District.
As a part of a larger request, the City Council adopted Ordnance 6117,
which amended Map 12 and 13 to reflect the inclusion of parcels 16211/03/10
03-110-024, 162-03-110-023, 162-03-110-124 and 162-03-110-125 into
the official 18b Las Vegas Arts District boundaries.
RTS
TXT-68157
Staff Report Page Three
January 10, 2017 - Planning Commission Meeting
06/01/16
RTS
Discussion
SUBJECT:
DIR-68364 - DIRECTOR'S BUSINESS - PUBLIC HEARING - APPLICANT/OWNER: CITY
OF LAS VEGAS - For discussion and possible action on a request for the appointment of new
members to the Downtown Design Review Committee. Staff has NO RECOMMENDATION.
P.C.: Final Action
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff has NO RECOMMENDATION
BACKUP DOCUMENTATION:
None