You are on page 1of 1143

Agenda Item No.: 42.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - SDR-65272 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA64838, ZON-64839,AND SUP-65273 - PUBLIC HEARING - APPLICANT: BOOS
DEVELOPMENT GROUP, INC. - OWNER: NEVADA STATE BANK - For possible action on
a request for a Site Development Plan Review FOR A PROPOSED 8,580 SQUARE-FOOT
GENERAL RETAIL STORE, OTHER THAN LISTED; A 2,418 SQUARE-FOOT
RESTAURANT WITH DRIVE THROUGH WITH A WAIVER TO NOT ORIENT THE
BUILDING TO THE CORNER WHERE SUCH IS REQUIRED; AND A 3,115 SQUAREFOOT AUTO REPAIR GARAGE, MINOR WITH A WAIVER TO ALLOW SERVICE BAY
DOORS TO FACE A PUBLIC RIGHT-OF-WAY on 2.17 acres at the northwest corner of
Cheyenne Avenue and Fort Apache Road (APN 138-07-801-011), O (Office) Zone
[PROPOSED: C-1 (Limited Commercial)], Ward 4 (Anthony) [PRJ-64792]. Staff recommends
DENIAL.
C.C.: 10/19/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

236

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

SDR-65272

SDR-65272

Agenda Item No.: 43.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - TMP-65348 - TENTATIVE MAP RELATED TO GPA-64838, ZON-64839,
SUP-65273, AND SDR-65272 - NWC CHEYENNE AVENUE AND FORT APACHE ROAD PUBLIC HEARING - APPLICANT: BOOS DEVELOPMENT GROUP, INC. - OWNER:
NEVADA STATE BANK - For possible action on a request for a Tentative Map FOR A ONELOT COMMERCIAL SUBDIVISION on 2.17 acres at the northwest corner of Cheyenne
Avenue and Fort Apache Road (APN 138-07-801-011), O (Office) Zone [PROPOSED: C-1
(Limited Commercial)], Ward 4 (Anthony) [PRJ-64792]. Staff recommends APPROVAL.
C.C.: 10/19/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

238

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest/Support Postcards, Protest Email and Comment Forms

Consistent with the Citys


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

TMP-65348

TMP-65348

TMP-65348 - REVISED

TMP-65348 - REVISED

TMP-65348 - REVISED

TMP-65348 - REVISED

TMP-65348

TMP-65348

Agenda Item No.: 44.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - GPA-64786 - GENERAL PLAN AMENDMENT - PUBLIC HEARING APPLICANT/ OWNER: KULKA LAND, LLC - For possible action on a request for a General
Plan Amendment FROM: RNP (RURAL NEIGHBORHOOD PRESERVATION) TO: R
(RURAL DENSITY RESIDENTIAL) on 5.0 acres at the northwest corner of Elkhorn Road and
Grand Canyon Drive (APN 125-18-403-003), Ward 6 (Ross) [PRJ-64704]. Staff recommends
APPROVAL.
C.C.: 10/19/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

37

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - GPA-64786, ZON-64787, WVR-64788, WVR-64789 and
TMP-64790 [PRJ-64704]
3. Supporting Documentation - GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP64790 [PRJ-64704]
4. Photo(s) - GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ64704]
5. Justification Letter - GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790
[PRJ-64704]
6. Concern Email and Protest/Support Postcards for GPA-64786 and ZON-64787 [PRJ-64704],
Protest Email for GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ64704] and Protest Comment Forms for GPA-64786 [PRJ-64704]

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/ OWNER: KULKA LAND, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
GPA-64786
ZON-64787
WVR-64788
WVR-64789
TMP-64790

RECOMMENDATION
Staff recommends APPROVAL.
Staff recommends APPROVAL.
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:

REQUIRED FOR
APPROVAL
GPA-64786
GPA-64786
ZON-64787
GPA-64786
ZON-64787
GPA-64786
ZON-64787
WVR-64788
WVR-64789

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

51

NOTICES MAILED

288 - GPA-64876 and ZON-64787


288 - WVR-64788 and WVR-64789
288 - TMP-64790

APPROVALS

1 - GPA-64876 and ZON-64787


3 - WVR-64788 and WVR-64789
1 - TMP-64790

PROTESTS

37 - GPA-64876
35 - ZON-64787
34 - WVR-64788
32 - WVR-64789
42 - TMP-64790

YK/SG

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Conditions Page One
September 13, 2016 - Planning Commission Meeting

** CONDITIONS **

WVR-64788 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Tentative Map (TMP64790) shall be required, if approved.

2.

A Waiver of Title 19.02.240 to allow no street lighting on interior streets, where such is
required, and to allow a 188-foot street intersection offset where 220 feet is required, is
approved.

3.

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

WVR-64789 CONDITIONS
Planning

1.

Approval of and conformance to the Conditions of Approval for Tentative Map (TMP64790) shall be required, if approved.

2.

A Waiver of Title 19.04.070 to allow private streets to not meet minimum construction
standards as public streets, where such is required is approved.

3.

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

YK/SG

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Conditions Page Two
September 13, 2016 - Planning Commission Meeting

TMP-64790 CONDITIONS
Planning
1.

Approval of the Tentative Map shall be for no more than four (4) years. If a Final Map is
not recorded on all or a portion of the area embraced by the Tentative Map within four (4)
years of the approval of the Tentative Map, this action is void.

2.

Approval of GPA-64786, ZON-64787, WVR-64788 and WVR-64789 shall be required, if


approved.

3.

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

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 common-interest


community, and prior to recordation of the Covenants, Codes and Restrictions (CC&R),
or conveyance of any unit within the community, the Developer is required to record a
Declaration of Private Maintenance Requirements (DPMR) as a covenant on all
associated properties, and on behalf of all current and future property owners. The DPMR
is to include a listing of all privately owned and/or maintained infrastructure improvements,
along with assignment of maintenance responsibility for each to the common interest
community or the respective individual property owners, and is to provide a brief
description of the required level of maintenance for privately maintained components. The
DPMR must be reviewed and approved by the City of Las Vegas Department of Field
Operations prior to recordation, and must include a statement that all properties within the
community are subject to assessment for all associated costs should private maintenance
obligations not be met, and the City of Las Vegas be required to provide for said
maintenance. Also, the CC&R are to include a statement of obligation of compliance with
the DPMR. Following recordation, the Developer is to submit copies of the recorded
DPMR and CC&R documents to the City of Las Vegas Department of Field Operations.

6.

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

YK/SG

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Conditions Page Three
September 13, 2016 - Planning Commission Meeting

Public Works
7.

Dedicate 50-feet of right-of-way for Elkhorn Road, 40-feet for Grand Canyon Drive and
30-feet for Solar Avenue. Additionally, dedicate a 25-foot radius on the southwest corner
of Solar Avenue and Grand Canyon Drive and a 30-foot radius with a Traffic Signal Chord
Easement at the northwest corner of Grand Canyon Drive and Elkhorn Road on the Final
Map for this site.

8.

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

9.

Construct half street improvements on Elkhorn Road and Grand Canyon Drive meeting
complete street standards and construct Solar Avenue as shown on the approved site plan
adjacent to this site concurrent with the development. 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.

10.

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

11. Extend public sewer in Solar Avenue to the west edge of this site at a depth and location
acceptable to the Sanitary Sewer Section of the Department of Public Works concurrent
with the development of this site.
12. The proposed 40-foot easement at the south end of Street A shall also be a Public Sewer
Easement and located entirely on a common lot.
13. The proposed 20-foot Public Sewer Easement located at the north end of Street A shall
be located entirely on a common lot and centered over the sewer main which is to be
located 5-feet east of Street A.
14. All landscaping and private improvements installed with this project shall be situated and
maintained so as to not create sight visibility obstructions for vehicular traffic at all
development access drives and abutting street intersections.
15.

Contact the City Engineers Office at 702-229-6272 to coordinate the development of this
project with the Rancho Road Storm Drain Elkhorn/Fort Apache to Grand Canyon
project, and any other public improvement projects adjacent to this site. Comply with the
recommendations of the City Engineer.

YK/SG

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Conditions Page Four
September 13, 2016 - Planning Commission Meeting

16. A working sanitary sewer connection shall be in place prior to final inspection of any units
within this development. Full permanent improvements on all major access streets,
including all required landscaped areas between the perimeter wall and adjacent public
street, shall be constructed and accepted by the City prior to issuance of any building
permits beyond 50% of all units within this development. All off-site improvements
adjacent to this site, including all required landscaped areas between the perimeter walls
and adjacent public streets, shall be constructed and accepted prior to issuance of building
permits beyond 75%. The above thresholds notwithstanding, all required Improvements
shall be constructed in accordance with Title19.02.130.D.
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, or the recordation of a map, whichever may occur
first. Provide and improve all drainageways recommended in the approved drainage
plan/study. The developer of this site shall be responsible to construct such neighborhood
or local drainage facility improvements as are recommended by the City of Las Vegas
Neighborhood Drainage Studies and approved Drainage Plan/Study concurrent with
development of this site.
18. As per Unified Development Code (UDC) 19.16.060.G, all requirements must be complied
with or such future compliance must be guaranteed by an approved performance security
method in accordance with UDC sections 19.02.130.C and 19.02.130.E.
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
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.

YK/SG

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Staff Report Page One
September 13, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
This is a proposed 12-lot residential subdivision on 5.00 acres of undeveloped land located at the
northwest corner of Elkhorn Road and Grand Canyon Drive. Staff supports the requested
General Plan Amendment and the Rezoning requests as being appropriate for the area and
compatible with the surrounding residential uses; however, as a result of the requested Waivers,
staff does not support the remaining three applications and recommends denial of the Waivers
and Tentative Map.

ISSUES
x
x
x

A Waiver (WVR-64788) is required to allow internal streets to not have required street
lights. Staff does not support this request.
A Waiver (WVR-64788) is required to allow a 188-foot street intersection offset where
220 feet is required. Staff does not support this request.
A Waiver (WVR-64789) is required to allow proposed private streets to not be designed
and constructed to public street standards as required. Staff does not support this request.

ANALYSIS
The applicant is requesting to amend the Centennial Hills Sector Plan land use designation from
RNP (Rural Neighborhood Preservation) to R (Rural Density Residential) and has amended their
request to rezone the property from R-E (Residence Estates) to R-D (Single Family ResidentialRestricted) for a future single-family, detached residential subdivision on 5.00 acres of
undeveloped land on the northwest corner of Elkhorn Road and Grand Canyon Drive. The
proposed changes are appropriate and compatible with adjacent land uses. The R (Rural Density
Residential) land use and corresponding R-D (Single Family Residential-Restricted) zoning
district are appropriate buffering designations between the larger Clark County residential
properties on the west and north with the higher density residential properties on the east and
south side of the proposed site. Staff supports these requests.
There has been a steady increase in the demand for single-family residential dwellings in the
Centennial Hills Sector Plan area. In 2014, 1,118 new building permits were issued for singlefamily homes and in 2015, 1,194 permits were issued for the same. This was a 6.8 percent
increase and this upward trend has continued into 2016. The demand for new housing permits

YK/SG

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Staff Report Page Two
September 13, 2016 - Planning Commission Meeting

city wide, was even greater at over 11 percent. The proposed land use and zoning for this
vacant, undeveloped 5.00 acre parcel will help meet this increased demand for new housing units
in the northwest portion of the City.
The applicant is proposing private streets that are not designed to public street standards as
required. This is problematic for the City if the proposed community should choose to turn the
streets over to the City to maintain in the future. The required Waiver to allow this is not
supported by staff.
In addition to proposing private streets that are not designed to public standards, the applicant is
also requesting to not install required lights on these streets, and to allow a 188-foot street
intersection offset where 220 feet is required. This does not foster a safe Walkable Community
that is one of the Citys goals. As a result, staff does not support this Waiver.
The submitted east/west cross sections depict maximum natural grade greater than 2% across this
site. Per the Tables in Subdivision Code 19.06.050 a development with natural slope greater
than 2%, is allowed a maximum 6-foot retaining wall. A 4.5-foot maximum retaining is shown
on the east property line and no retaining is shown on the west property line.
The submitted north/south cross section depicts maximum natural grade less than 2% across this
site. Per the Tables in Subdivision Code 19.06.050 a development with natural slope less than
2%, is allowed a maximum 4-foot retaining wall. A 3-foot maximum retaining wall is shown on
the north property line and a 2-foot retaining wall is shown on the south property line.
The Clark County School District projects that approximately seven primary and secondary
school students will be generated by this proposed development. Two of the three schools
serving the area (Sandra L Thompson Elementary School and Arbor View High School) are over
capacity for the 2015-16 school year. Edmundo Sr. Escobedo Middle School also serves the
area, but has not reached capacity.
In summary, staff supports the requested General Plan Amendment and Rezoning requests as
they are appropriate for the area. However, staff does not support the two requested Waivers or
the associated Tentative Map and recommends denial of these applications.

FINDINGS (GPA-64786)
Section 19.16.030(I) of the Las Vegas Zoning Code requires that the following conditions be met
in order to justify a General Plan Amendment:
1.

The density and intensity of the proposed General Plan Amendment is compatible
with the existing adjacent land use designations,

YK/SG

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Staff Report Page Three
September 13, 2016 - Planning Commission Meeting

The proposed R (Rural Density Residential) General Plan designation is consistent with
the adjacent larger lot single-family residential land uses surrounding the subject site on
the north and west.
2.

The zoning designations allowed by the proposed amendment will be compatible with
the existing adjacent land uses or zoning districts,
The zoning designations allowed by the proposed amendment are compatible with the
existing adjacent land uses and zoning districts.

3.

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


accommodate the uses and densities permitted by the proposed General Plan
Amendment; and
There are existing transportation, recreation, utility and other facilities that are adequate to
accommodate the uses and densities permitted by the proposed General Plan Amendment.

4.

The proposed amendment conforms to other applicable adopted plans and policies
that include approved neighborhood plans.
There are no other plans or policies that would be applicable to the site.

FINDINGS (ZON-64787)
In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning
Commission or City Council must affirm the following:
1.

The proposal conforms to the General Plan.


The proposed R-D (Single Family Residential-Restricted) zoning district conforms to the
proposed General Plan Amendment related to this request.

2.

The uses which would be allowed on the subject property by approving the rezoning
will be compatible with the surrounding land uses and zoning districts.
The detached single-family residential use that will be allowed on the subject site is at an
appropriate density with the surrounding properties and is therefore, compatible with the
residential uses and zoning designations of these surrounding properties.

3.

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

YK/SG

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Staff Report Page Four
September 13, 2016 - Planning Commission Meeting

As the local economic conditions improve, the City is seeing an increased demand for new
residential construction. New residential zoning districts at an appropriate density will
help meet this demand.
4.

Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed zoning district.
Access to the property is provided off Grand Canyon Drive, identified as a 100-foot
Primary Arterial on the Master Plan of Streets and Highways. This has adequate capacity
to meet the traffic expected to be generated by this project.

FINDINGS (WVR-64788)
The requested Waiver to allow no streetlights on the interior streets of a proposed 12-lot
residential subdivision, and to allow a street intersection offset of 188 feet where 220 feet is
required does not further the goals of the Citys Complete Street Standards or the Walkability of
the neighborhood. Staff does not support this Waiver request.

FINDINGS (WVR-64789)
The requested Waiver to allow private streets to be developed to non-public street standards
behind a gate is not supported by staff. The goal of the Citys Complete Street Standard is not
advanced by permitting residential streets to be narrowed.

FINDINGS (TMP-64790)
The proposed Tentative Map conforms to Nevada Revised Statues. However, the project
requires two Waivers from Title 19 Development Standards. Staff does not support these
Waivers; as result, staff does not support the Tentative Map request and recommends denial.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved Annexation (ANX-62934) for five acres located
on the southwest corner of North Grand Canyon Drive and Solar Avenue.
03/16/16
The effective date was 03/25/16.
Due to a notification error this item was not acted upon as a part of the
07/12/16
07/12/16 Planning Commission meeting and has been scheduled for a Special
Planning Commission meeting date.
YK/SG

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Staff Report Page Five
September 13, 2016 - Planning Commission Meeting

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


The Planning Commission voted (7-0) to hold GPA-64786, ZON-64787,
WVR-64788, WVR-64789 and TMP-64790 in abeyance to the 09/13/16
08/09/16
Planning Commission meeting at the request of the applicant.
Most Recent Change of Ownership
12/28/15
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
There are no related permits or business licenses on file at this time.
Pre-Application Meeting
Staff met with the applicant and the owners of the property located on the
northwest corner of Grand Canyon Drive and Elkhorn Drive for a proposed
17-lot residential subdivision. During this meeting, the owners agreed to
05/18/16
design the project with no Variances or Waivers. However, if the new design
still required them, they would be included in the justification letter with the
application.
Neighborhood Meeting
Start: 6:30

End: 7:40

Attendees: 1 Applicant, 2 CLV Staff, 34 Members of the Public


Residents present were not in favor of the proposed project. Several
mentioned that no more than 10 lots should be allowed on the site. Specific
points that were brought up more than once:

06/13/16

x
x
x
x
x
x
x
x

The project is too dense for the area;


The project isnt a good transition from the R-1 (Single Family
Residential) on the east to the R-E (Residence Estates) on the west;
Keep the area as rural as possible;
Concerned that a Home Building isnt part of the project;
The proposed lots are not large enough for the area;
The applicant may agree to a condition to limit development to singlestory, but would check with owner;
Many wondered why the owner wasnt present at the meeting.
The applicant indicated that they may hold another meeting if the
proposed project changes.
YK/SG

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Staff Report Page Six
September 13, 2016 - Planning Commission Meeting

Neighborhood Meeting
The two most important concerns that were raised:
x

What does the grading plan look like? Residents dont want the
foundations of the homes to be higher than 18-inches from the
centerline of the street; and
The density proposed is too high and is not compatible with the rural County
Island.
Field Check
06/02/16

Staff visited the site and found an undeveloped parcel. No issues were noted
at the time.

Details of Application Request


Site Area
Net Acres
5.00

Surrounding
Property

Existing Land Use


Per Title 19.12

Subject Property

Undeveloped

North

Single Family,
Detached

South

Undeveloped

East

West

Single Family,
Detached
Single Family,
Detached
Undeveloped

Master Plan Areas


No Applicable Master Plan Area

Planned or Special
Land Use Designation
RNP (Rural
Neighborhood
Preservation)
RNP (Rural
Neighborhood
Preservation) Clark
County
RNP (Rural
Neighborhood
Preservation)
R (Rural Density
Residential)
RNP (Rural
Neighborhood
Preservation) Clark
County

Existing Zoning District


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

Compliance
N/A

YK/SG

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Staff Report Page Seven
September 13, 2016 - Planning Commission Meeting

Special Purpose and Overlay Districts


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

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

DEVELOPMENT STANDARDS

Pursuant to Title 19.02 and 19.06.070, the following standards apply:


Standard
Required/Allowed
Provided
Min. Lot Size
10,000 SF
10,342 SF
Min. Lot Width
80 Feet
94 Feet
Min. Setbacks
x Front
25 Feet
25 Feet
x Side
5 Feet
5 Feet
x Corner
15 Feet
15 Feet
30 Feet
30 Feet
x Rear
Max. Lot Coverage
N/A
N/A
Max. Building Height
35 Feet
35 Feet
Mech. Equipment
Screened
Screened

General Plan
RNP (Rural Neighborhood
Preservation)
Proposed General Plan
R (Rural Density Residential)
Existing Zoning
R-E (Residence Estates)
Proposed Zoning
R-D (Single Family
Residential-Restricted)

Compliance
Y
Y
Y
Y
Y
Y
Y
Y
Y

Permitted Density

Units Allowed

2.00

10

Permitted Density
3.59
Permitted Density
2.00
Permitted Density

Units Allowed
17
Units Allowed
10
Units Allowed

3.59

17

YK/SG

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Staff Report Page Eight
September 13, 2016 - Planning Commission Meeting

Street Name

Functional
Classification of
Street(s)

Grand Canyon Drive

Primary Arterial

Elkhorn Road

Primary Arterial

Solar Avenue

Minor Collector

Governing Document
Planned Streets and
Highways Map
Planned Streets and
Highways Map
Planned Streets and
Highways Map

19.04.040 Connectivity
Transportation Network Element
Internal Street
Intersection Internal
Cul-de-sac Terminus
Intersection External Street or Stub Terminus
Intersection Stub Terminus w/ Temporary Turn Around
Easements
Non-Vehicular Path - Unrestricted
Total
Required
Connectivity Ratio (Links / Nodes):
1.30

Streetscape Standards

Required

Elkhorn Road

Three-foot amenity area


and a five-foot wide
sidewalk.

Grand Canyon Drive

Three-foot amenity area


and a five-foot wide
sidewalk.

Actual
Street Width
(Feet)

Compliance
with Street
Section

100

100

60

# Links
1

# Nodes

0.5
Provided
1.5

Provided
Five-foot amenity area,
five-foot wide sidewalk and
a five-foot wide landscaped
area
Five-foot amenity area,
five-foot wide sidewalk and
a five-foot wide landscaped
area

Compliance
Y*

Y**

Five-foot amenity area


Five-foot amenity wide
and a five-foot wide
Y**
sidewalk.
sidewalk.
*PW has agreed to a deviation of the standards in order to match the existing conditions to the
east of the project.
**PW has agreed to a deviation of the standards in order to match the existing conditions to the
east of the project.
***PW has agreed to a deviation of the standards in order to transition to the Clark County rightof-way to the west of the project.
Solar Avenue Minor
Collector

YK/SG

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ-64704]


Staff Report Page Nine
September 13, 2016 - Planning Commission Meeting

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Single Family,
12
2 per lot
24
Detached
24
24
Y
TOTAL SPACES REQUIRED
24
0
24
0
Y
Regular and Handicap Spaces Required

YK/SG

A 7 7 A b A 7

GPA-64786

b 7 7 7

A 777777

77 7 7 C77
77A C77
77 7 7C

77777C 777 777 777b 7b 7


7b 77777777777 7
7 7777 7777777
77777 777

7 7

77777 777b 7b 77 7b 7 7

7777777777 7 77b 7 7
77A 777A 7 7 77777 777
777777
b 7

A
77 7

7 C
77 77

7 A

7 7 77

7777b 7

777

7A 7 77

A 7 C 7 7

7 7b 77 C7

A 7 77

77

77 7
A

7 777 7777
b 7 777
7A 7

77

7A 7 7

77

A 7 7A
7 7 C777
A 77 C7 7

b 77
77 7
77

7 7

b 7 7 7
7A 7

A b A 7 A 7A 7b 7

b 77
7777

A 77 C7

7 7

b 7

7A 7
A 7 A b 7 b 7b

b 7 7C

A 77b 7b 7

777777

b 7

7A 7 7

77 777 777777 7

7 77 77C777777777

7 7 7

7
7 7 7 C77
777 777

 7 A 7 7
7777 7

77 77

7 77777b 7

GPA-64786
7

7 A

7 7 77
7

7A 77

77 77777 7

7777 77

77 777
777

A 77 CA 7 

77A 7 A 7A

7 b 7b

7b

7b

77 7A
7

77 7b 7A

77 A77

7A

77A
777

A77 777A

777

77

777
77
77
77 77

b
b
b777b
77

7
7

77

77
7
77

77

b 7b
b77
b

b777b
b777b

bb
bb77
b
7b
b
b

77 A 7 A 7

77 7 A

77 7

77b 7 A 7b

77 A 7b 7

A 7

77 7

77 A 7A

77A 7A 7

777

7  7 A 7

77 7b 7

7 7

77 A

7A7bA7

77 7A 7b

77 A 7A

77 b A 7b

77 A7A

7 A

777

b777b

b b
b777b
b

b7777b
b


77

7777

777

777

7777 7
7 77777777 7b
7 77 777 7
777 77777

7 7
77 7 7

b77

7777

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 - REVISED

A7b

bA77A7b

7 7 7
7 7 7 7
7 7 7

Ab7 bA

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 - REVISED

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 - REVISED

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 - REVISED

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 - REVISED

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790

GPA-64786 [PRJ-64704] - GENERAL PLAN AMENDMENT RELATED TO ZON-64787, WVR-64788, WVR64789 AND TMP-64790 - APPLICANT/ OWNER: KULKA LAND, LLC
NORTHWEST CORNER OF ELKHORN ROAD AND GRAND CANYON DRIVE
06/02/16

GPA-64786 [PRJ-64704] - GENERAL PLAN AMENDMENT RELATED TO ZON-64787, WVR-64788, WVR64789 AND TMP-64790 - APPLICANT/ OWNER: KULKA LAND, LLC
NORTHWEST CORNER OF ELKHORN ROAD AND GRAND CANYON DRIVE
06/02/16

GPA-64786 [PRJ-64704] - GENERAL PLAN AMENDMENT RELATED TO ZON-64787, WVR-64788, WVR64789 AND TMP-64790 - APPLICANT/ OWNER: KULKA LAND, LLC
NORTHWEST CORNER OF ELKHORN ROAD AND GRAND CANYON DRIVE
06/02/16

GPA-64786 [PRJ-64704] - GENERAL PLAN AMENDMENT RELATED TO ZON-64787, WVR-64788, WVR64789 AND TMP-64790 - APPLICANT/ OWNER: KULKA LAND, LLC
NORTHWEST CORNER OF ELKHORN ROAD AND GRAND CANYON DRIVE
06/02/16

A77

b777
7
777
777

7b77b77?
A7
7777b
7 7 7 7 7 7 7 7 37 7 b7 7 7
777777777777A77b7b
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7777777b77737777b777
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 b7 7 7
77777777777
77A7A7
7 7 7 7 7 7 7 7 7 7 7 7 7 7
777
7b7b7
7777777777777777777
7 7 7 7 7 7 7 7 7 7 7 7 7 7
7777777777777777777
7777777777777777
777777
777777
777b7777777
777b77b777777
777777777777777
7 7 7 7 7 7 7 7 b7 7 7 37 7 7 7 7
777777777777737777777
7777777777777777
7777
777
777777777777777
7 7 7 7 b7 7 7 7 7 b7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7


77777777777777777
7

7 7 7 7 7 7 7 7 7 7 7 7
7 7

7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7
7
7



7777777777777777777


73777777777777777777
7777777777

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 - REVISED


7777777777
7777

777

7777777777777
77777
7

7b77

377

7
7A7

b77
7
7
7

77
7

7
77377
377

777377
777
7377
77
77

77b7

77b7

777

7777
777737
777

7777777b7737777777
7737777777777

77
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7777777773777737777777
7773777
777777777777777
7 7 7 7 37 7 7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 7 7 7 7 7 37 7
7777777777777
77
A7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7777777777777777
777R7777777777777
7777777377777777777
7 7 7 7 7 7 7 37 7 7 7 7 7 7

77
77 7 7 7 7 7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7777b77777777A77
77777777777777777
37 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7

777 777777777777


777777777777777

7777777777
7777

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 - REVISED

777

7777777777A

777777777777777
7777
77777777
37

7037

7777777777
7777

GPA-64786, ZON-64787, WVR-64788, WVR-64789 and TMP-64790 - REVISED

Agenda Item No.: 45.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - ZON-64787 - REZONING RELATED TO GPA-64786 - PUBLIC HEARING APPLICANT/ OWNER: KULKA LAND, LLC - For possible action on a request for a Rezoning
FROM: R-E (RESIDENCE ESTATES) TO: R-1 (SINGLE FAMILY RESIDENTIAL) on 5.0
acres at the northwest corner of Elkhorn Road and Grand Canyon Drive (APN 125-18-403-003),
Ward 6 (Ross) [PRJ-64704]. Staff recommends APPROVAL.
C.C.: 10/19/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

35

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps - ZON-64787, WVR-64788, WVR-64789 and TMP-64790 [PRJ64704]
3. Supporting Documentation

Consistent with the Citys


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

A 7 7 A b A 7

ZON-64787

b 7 7 7

A 777777

77 7 7 C77
77A C77
77 7 7C

77777C 777 777 777b 7b 7


7b 77777777777 7
7 7777 7777777
77777 777

7 7

77777 777b 7b 77 7b 7 7

7777777777 7 77b 7 7
77A 777A 7 7 77777 777
777777
b 7

A
77 7

7 C
77 77

7 A

7 7 77

7777b 7

777

7A 7 77

A 7 C 7 7

7 7b 77 C7

A 7 77

77

77 7
A

7 777 7777
b 7 777
7A 7

77

7A 7 7

77

A 7 7A
7 7 C777
A 77 C7 7

b 77
77 7
77

7 7

b 7 7 7
7A 7

A b A 7 A 7A 7b 7

b 77
7777

A 77 C7

7 7

b 7

7A 7
A 7 A b 7 b 7b

b 7 7C

A 77b 7b 7

777777

b 7

7A 7 7

77 777 777777 7

7 77 77C777777777

7 7 7

7
7 7 7 C77
777 777

 7 A 7 7
7777 7

77 77

7 77777b 7

ZON-64787
7

7 A

7 7 77
7

7A 77

77 77777 7

7777 77

77 777
777

A 77 CA 7 

77A 7 A 7A

7 b 7b

7b

77 7A
7

77 7b 7A

7A

77A7

77
7

77


7

b77b
b
b

A777A

77 7

77
7

77

77 7

77 7

777

b77b
b b

b77

b 7b
b

b 777b
b

b 77
7b
b

77

7b

b 77

b

77
7

b
7

b77



b
b 77


7b
b

77 =

77
7
777 7=

b77 =
b

77A
77
7
77 7
7 7
77 7
7

77 A 7 A 7

77 7 A

77 7

77b 7 A 7b

77 A 7b 7

A 7

77 7

77 A 7A

77 A77

777

7  7 A 7

77A 7A 7

7 7

7b

77 7b 7

77 7A 7b

77 A 7A

77 b A 7b

77 A

7A7bA7

77 A7A

7 A

777
7

7777 7
7 77777777 7b
7 77 777 7
777 77777

7 7
77 7 7

b7

7777

Agenda Item No.: 46.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - RENOTIFICATION - WVR-64788 - WAIVER RELATED TO GPA-64786
AND ZON-64787 - PUBLIC HEARING - APPLICANT/ OWNER: KULKA LAND, LLC - For
possible action on a request for Waivers TO ALLOW NO STREETLIGHTS WHERE SUCH
ARE REQUIRED AND TO ALLOW A 188-FOOT STREET INTERSECTION OFFSET
WHERE 220 FEET IS REQUIRED on 5.0 acres at the northwest corner of Elkhorn Road and
Grand Canyon Drive (APN 125-18-403-003), R-E (Residence Estates) Zone [PROPOSED: R-1
(Single Family Residential)], Ward 6 (Ross) [PRJ-64704]. Staff recommends DENIAL.
C.C.: 10/19/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

34

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest/Support Postcards for WVR-64788 and WVR-64789 [PRJ-64704]

Consistent with the Citys


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

A 7 7 A b A 7

WVR-64788

b 7 7 7

A 777777

77 7 7 C77
77A C77
77 7 7C

77777C 777 777 777b 7b 7


7b 77777777777 7
7 7777 7777777
77777 777

7 7

77777 777b 7b 77 7b 7 7

7777777777 7 77b 7 7
77A 777A 7 7 77777 777
777777
b 7

A
77 7

7 C
77 77

7 A

7 7 77

7777b 7

777

7A 7 77

A 7 C 7 7

7 7b 77 C7

A 7 77

77

77 7
A

7 777 7777
b 7 777
7A 7

77

7A 7 7

77

A 7 7A
7 7 C777
A 77 C7 7

b 77
77 7
77

7 7

b 7 7 7
7A 7

A b A 7 A 7A 7b 7

b 77
7777

A 77 C7

7 7

b 7

7A 7
A 7 A b 7 b 7b

b 7 7C

A 77b 7b 7

777777

b 7

7A 7 7

77 777 777777 7

7 77 77C777777777

7 7 7

7
7 7 7 C77
777 777

 7 A 7 7
7777 7

77 77

7 77777b 7

WVR-64788
7

7 A

7 7 77
7

7A 77

77 77777 7

7777 77

77 777
777

A 77 CA 7 

Agenda Item No.: 47.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - WVR-64789 - WAIVER RELATED TO GPA-64786, ZON-64787 AND WVR64788 - PUBLIC HEARING - APPLICANT/ OWNER: KULKA LAND, LLC - For possible
action on a request for a Waiver TO ALLOW PRIVATE STREETS TO BE DEVELOPED TO
NON-PUBLIC STREET STANDARDS BEHIND A GATE on 5.0 acres at the northwest corner
of Elkhorn Road and Grand Canyon Drive (APN 125-18-403-003), R-E (Residence Estates)
Zone [PROPOSED: R-1 (Single Family Residential)], Ward 6 (Ross) [PRJ-64704]. Staff
recommends DENIAL.
C.C.: 10/19/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

32

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

A 7 7 A b A 7

WVR-64789

b 7 7 7

A 777777

77 7 7 C77
77A C77
77 7 7C

77777C 777 777 777b 7b 7


7b 77777777777 7
7 7777 7777777
77777 777

7 7

77777 777b 7b 77 7b 7 7

7777777777 7 77b 7 7
77A 777A 7 7 77777 777
777777
b 7

A
77 7

7 C
77 77

7 A

7 7 77

7777b 7

777

7A 7 77

A 7 C 7 7

7 7b 77 C7

A 7 77

77

77 7
A

7 777 7777
b 7 777
7A 7

77

7A 7 7

77

A 7 7A
7 7 C777
A 77 C7 7

b 77
77 7
77

7 7

b 7 7 7
7A 7

A b A 7 A 7A 7b 7

b 77
7777

A 77 C7

7 7

b 7

7A 7
A 7 A b 7 b 7b

b 7 7C

A 77b 7b 7

777777

b 7

7A 7 7

77 777 777777 7

7 77 77C777777777

7 7 7

7
7 7 7 C77
777 777

 7 A 7 7
7777 7

77 77

7 77777b 7

WVR-64789
7

7 A

7 7 77
7

7A 77

77 77777 7

7777 77

77 777
777

A 77 CA 7 

Agenda Item No.: 48.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - TMP-64790 - TENTATIVE MAP RELATED TO GPA-64786, ZON-64787,
WVR-64788, AND WVR-64789 - ELKHORN & GRAND CANYON - PUBLIC HEARING APPLICANT/ OWNER: KULKA LAND, LLC - For possible action on a request for a Tentative
Map FOR A 17-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION on 5.0 acres at the
northwest corner of Elkhorn Road and Grand Canyon Drive (APN 125-18-403-003), R-E
(Residence Estates ) Zone [PROPOSED: R-1 (Single Family Residential)], (Ward 6 (Ross) [PRJ64704]. Staff recommends DENIAL.
C.C.: 10/19/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

42

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

A 7 7 A b A 7

TMP-64790

b 7 7 7

A 777777

77 7 7 C77
77A C77
77 7 7C

77777C 777 777 777b 7b 7


7b 77777777777 7
7 7777 7777777
77777 777

7 7

77777 777b 7b 77 7b 7 7

7777777777 7 77b 7 7
77A 777A 7 7 77777 777
777777
b 7

A
77 7

7 C
77 77

7 A

7 7 77

7777b 7

777

7A 7 77

A 7 C 7 7

7 7b 77 C7

A 7 77

77

77 7
A

7 777 7777
b 7 777
7A 7

77

7A 7 7

77

A 7 7A
7 7 C777
A 77 C7 7

b 77
77 7
77

7 7

b 7 7 7
7A 7

A b A 7 A 7A 7b 7

b 77
7777

A 77 C7

7 7

b 7

7A 7
A 7 A b 7 b 7b

b 7 7C

A 77b 7b 7

777777

b 7

7A 7 7

77 777 777777 7

7 77 77C777777777

7 7 7

7
7 7 7 C77
777 777

 7 A 7 7
7777 7

77 77

7 77777b 7

TMP-64790
7

7 A

7 7 77
7

7A 77

77 77777 7

7777 77

77 777
777

A 77 CA 7 

TMP-64790 - REVISED

A7b

bA77A7b

TMP-64790 - REVISED

7
7

7 7 7
7 7 7 7
7 7 7

Ab7 bA

TMP-64790 - REVISED

TMP-64790 - REVISED

TMP-64790 - REVISED

TMP-64790

A 7 A 7b b

A 7 A 7b

7777777777 7
777 7
77 77 7

A 77 777777777

7777 7 7
7777
77 77

777777

7777777

7
7

7
7

7777777
77b 7 777 77
77777 77777

777777

777 7

77

777777 7 77
777 777 7777
7777 77777 7

777C7 7 77 7
7777

777777

7
77

77777

77 77777 77 7

7777 77 7

77777777

777777 7 7
777 7777777

77

77777777

7 7777 7777

7777777

7777 7 7777 7
7 7777
777777
7777777 77
77
777

7777 777

777777777777

77 7 77 7

A 7  A

7 7 77777777

7777 77 77

7777 7777

7 7777777

77777

7 7 7 7 7777
7 777 C77777
7 77777 777

A 77 7777777 7 77
7777
7 77777777
A 777 7b 7

77777777777 7

7 77
777

7777

7 7 7 77

7 7

777

7 7 77b 7 A 7

77

TMP-64790

A 7 C7 7b C7

TMP 64790
Kulka Land, LLC

NWC Elkhorn Road & Grand Canyon Drive


Proposed 17 single family unit residential development.
Proposed Use
Average Daily Traffic (ADT)
AM Peak Hour

9.57
SINGLE FAMILY DETACHED [DWELL]

PM Peak Hour

17

0.75
1.01

163
13
17

Existing traffic on nearby streets:


Elkhorn Road
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

2,364
189

Grand Canyon Drive


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

2,929
234

Traffic Capacity of adjacent streets:


Elkhorn Road
Grand Canyon Drive

Adjacent Street ADT Capacity


22,860
20,320

This project will add approximately 163 trips per day on Elkhorn Rd. and Grand Canyon Dr. Elkhorn is currently at about 10
percent of capacity and Grand Canyon is at about 14 percent of capacity. After this project, Elkhorn is expected to be at
about 11 percent of capacity and Grand Canyon to be at about 15 percent of capacity.
Based on Peak Hour use, this development will add into the area roughly 17 additional cars, or about two every seven
minutes.
Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 49.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - ZON-65372 - REZONING - PUBLIC HEARING - APPLICANT: NEVADA
SAFES - OWNER: MCC INVESTMENT COMPANY LTD - For possible action on a request
for a Rezoning FROM: R-1 (SINGLE FAMILY RESIDENTIAL) AND C-1 (LIMITED
COMMERCIAL) TO: C-1 (LIMITED COMMERCIAL) on 0.53 acres at 5250 West Charleston
Boulevard (APN 138-36-803-004), Ward 1 (Tarkanian) [PRJ-65195]. Staff recommends
APPROVAL.
C.C.: 10/19/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR65376 [PRJ-65195]
2. Conditions and Staff Report - ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR65376 [PRJ-65195]
3. Supporting Documentation - ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR65376 [PRJ-65195]
4. Photo(s) - ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR-65376 [PRJ-65195]
5. Justification Letter - ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR-65376
[PRJ-65195]
6. Protest/Support Postcards ZON-65372 and VAR-65373 [PRJ-65195]

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR-65376 [PRJ-65195]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: NEVADA SAFES - OWNER: MCC INVESTMENT
COMPANY LTD

** STAFF RECOMMENDATION(S) **
CASE
NUMBER
ZON-65372
VAR-65373
VAR-65374
SUP-65375

SDR-65376

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

REQUIRED FOR
APPROVAL
N/A
ZON-65372
ZON-65372
VAR-65373
ZON-65372
VAR-65373
VAR-65374
ZON-65372
VAR-65373
VAR-65374
SUP-65375

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

21

NOTICES MAILED

249 ZON-65372 and VAR-65373


249 VAR-65374 and SUP-65375
249 SDR-65376

APPROVALS

1 ZON-65372 and VAR-65373


1 VAR-65374 and SUP-65375
0 SDR-65376

PROTESTS

5 ZON-65372 and VAR-65373


5 VAR-65374 and SUP-65375
5 SDR-65376

RG

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR-65376 [PRJ-65195]


Conditions Page One
September 13, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-65373 CONDITIONS
Planning
1.

Approval of a Rezoning (ZON-65372) and approval and conformance to the Conditions of


Variance (VAR-65374), Special Use Permit (SUP-65375) and Site Development Plan
Review (SDR-65376) 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.

VAR-65374 CONDITIONS
Planning
1.

Approval of a Rezoning (ZON-65372) and approval and conformance to the Conditions of


Variance (VAR-65373), Special Use Permit (SUP-65375) and Site Development Plan
Review (SDR-65376) 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.

RG

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR-65376 [PRJ-65195]


Conditions Page Two
September 13, 2016 - Planning Commission Meeting

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-65375 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Boat & Trailer
Dealership (New and Used) use.

2.

Approval of a Rezoning (ZON-65372) and approval and conformance to the Conditions of


Variance (VAR-65373), Variance (VAR-65374) and Site Development Plan Review
(SDR-65376) shall be required, if approved.

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.

Waiver from Title 19.12 is hereby approved, to allow a minimum site area of 23,087
square feet.

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.

RG

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR-65376 [PRJ-65195]


Conditions Page Three
September 13, 2016 - Planning Commission Meeting

SDR-65376 CONDITIONS
Planning
1.

Approval of a Rezoning (ZON-65372) and approval and conformance to the Conditions of


Variance (VAR-65373), Variance (VAR-65374) and Site Development Plan Review
(SDR-65376) 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.

Conformance to the approved conditions for Plot Plan Review [Z-0006-66(6)], except as
amended herein.

4.

All development shall be in conformance with the site plan, and building elevations, date
stamped 06/23/16, except as amended by conditions herein.

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.

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

RG

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR-65376 [PRJ-65195]


Staff Report Page One
September 13, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The request is for a Rezoning of the subject property from R-1 (Single Family Residential) and
C-1 (Limited Commercial) to C-1 (Limited Commercial), with two Variances for setback
requirements and for parking requirements, a Special Use Permit to allow a Boat & Trailer
Dealership (New and Used) and a conversion of four shipping containers to a building. The
subject property contains an existing General Retail Store, Other than Listed.

ISSUES
x
x
x
x
x

A Rezoning from R-1 (Single Family Residential) and C-1 (Limited Commercial) to C-1
(Limited Commercial) has been requested. Staff recommends approval of this request.
A Variance is required to allow a five-foot front yard setback and zero-foot side yard setback
where 10 feet is required for the proposed 1,280 square-foot building. Staff recommends
denial of this request.
A Variance to allow a seven-foot front yard setback and zero-foot side yard setback where 10
feet is required for the existing 7,980 square-foot nonconforming building. Staff
recommends denial of this request.
A Variance is required to allow zero additional parking spaces where eight additional spaces
are required on a Parking Impaired Development. Staff recommends denial of this request.
A Boat & Trailer Dealership (New and Used) use is permitted in the C-1 (Limited
Commercial) zoning district with an approval of a Special Use Permit, with a waiver to allow
a minimum site area of 23,087 square feet where 25,000 square feet is required. Staff
recommends denial of this request.
A Site Development Plan Review is required for the conversion of the four shipping
containers totaling to 1,280 square feet to a building. Staff recommends denial of this
request due to the Variance requests.

ANALYSIS
The subject property is located within an Airport Overlay with 200 feet maximum height
requirement. The proposed development will not affect this overlay.
The subject property partially zoned as an R-1 (Single Family Residential), along the portion of
the north property and the remaining part of the property is mostly zoned as C-1 (Limited
Commercial). The underlying General Plan land use designation of the subject property is
MXU (Mixed Use). With the proposed Rezoning to C-1 (Limited Commercial) zoning district is
still consistent with the General Plan. Staff recommends approval.
RG

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR-65376 [PRJ-65195]


Staff Report Page Two
September 13, 2016 - Planning Commission Meeting

The existing General Retail Store, Other than Listed use located at 5250 West Charleston
Boulevard is parking impaired; it met the parking requirements at the time the Plot Plan Review
[Z-0006-66(6)] was approved in 1968. The subject site currently provides 13 parking spaces
where the current requirement of the Unified Development Code is 53 spaces. Per Title
19.18.030 only the additional spaces are required. A total of eight additional spaces are required,
but no additional spaces will be provided. Staff does not support this request.
The proposed conversions of the four shipping containers are located within the required setback.
The subject property is considered a Double Frontage Lot, pursuant to Title 19.18. The property
fronts Charleston Boulevard and Alpine Place and each of these frontages are considered a front
yard setback. The proposed setbacks of these structures will be at five feet from the front yard
and zero feet from the side yard. Staff does not support this request.
In addition, the existing building is seven feet from the front setback and zero feet from the side
yard setback. Pursuant to Title 19.14, this building is classified as nonconforming. If the current
building is damaged greater than 50 percent, the new building will not be able to be rebuilt at the
current setback. In accordance to Title 19.14, it is generally the intent of this Title to permit
these nonconformities to continue until they are removed or abandoned, or until such earlier time
as they are ordered to be removed, but not to encourage their survival. Approval of a variance
for the existing structure would reclassify it as a conforming structure. Staff does not support
this request.
The Las Vegas Valley Water District (LVVWD) has commented on the requested Site
Development Plan Review, This parcel is currently served but does not have the required
backflow prevention per NAC 445A.67195. Civil and plumbing plans will need to be submitted
to LVVWD for domestic meter sizing, fire flow availability and backflow retrofit. If utility
boxes are required on the subject property it will be subject to Title 19.08.030 development
standards.
A Boat & Trailer Dealership (New and Used) use is permitted in the C-1 (Limited Commercial)
district with an approved Special Use Permit. The Boat & Trailer Dealership (New and Used)
use is defined as The use of any building or lot for the display and sale of new or used boats, jet
skis or other marine vessels, along with corresponding trailers. In the Justification Letter, date
stamped 06/23/16, the applicant requests that the existing establishment to be allowed to sell
small utility trailers.
The Minimum Special Use Permit Requirements for this use include:
1. The minimum site area shall be 25,000 square feet.
The proposed use does not meet this requirement; the subject property is only 23,087
square feet. The application is requesting for a waiver of this requirement.

RG

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR-65376 [PRJ-65195]


Staff Report Page Three
September 13, 2016 - Planning Commission Meeting

2. No vehicle, boat or trailer service or repair work shall occur except within a fully
enclosed structure.
The proposed use meets this requirement, as the applicants justification letter, dated
06/23/16, states that there will be no service or repair work done on site.

3. All sales activities and storage shall be within an enclosed structure. (C-1 only).
The proposed use meets this requirement, as the applicants justification letter, dated
06/23/16, states that it will only sell small utility trailers and all sales activities and
storage will occur within the enclosed structure on site.
The site is not physically suitable for the type and intensity of the proposed land use. Title
19.12, specifies for the Boat & Trailer Sales (New and Used) use requires a minimum site area of
25,000 square feet, where the subject site has an area of 23,087 square feet. In addition,
variances for parking and setbacks are required, indicating that the proposed use is too intense.
Staff recommends denial of this request. If this application is approved, it is subject to
conditions.

FINDINGS (ZON-65372)
In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning
Commission or City Council must affirm the following:
1.

The proposal conforms to the General Plan.


The site is currently has a land use designation of MXU (Mixed Use). The north portion
of the subject property is currently zoned R-1 (Single Family Residential) and the request
to Rezone to C-1 (Limited Commercial) would allow conformance to the General Plan of
the City.

2.

The uses which would be allowed on the subject property by approving the rezoning
will be compatible with the surrounding land uses and zoning districts.
The proposed rezoning of the remaining portion of the northern property to C-1 (Limited
Commercial) will be compatible with the surrounding land uses and zoning districts. The
purpose of the Rezoning is to clean up a split-zoned parcel and bring it into conformance
with the General Plan.

RG

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR-65376 [PRJ-65195]


Staff Report Page Four
September 13, 2016 - Planning Commission Meeting

3.

Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
The subject property has been a General Retail Store, Other than Listed use and the
compatibility of the surrounding uses indicates the appropriateness of the rezoning.

4.

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

FINDINGS (VAR-65373)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council,
in considering the merits of a Variance request, shall not grant a Variance in order to:
1.
2.
3.

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
as to relieve the difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected natural resources
and without substantially impairing the intent and purpose of any ordinance or
resolution.
The applicant has created a self-imposed hardship by overbuilding the site such that the setbacks
cannot be met for the proposed building. Redistributing the other storage containers towards the
location of the Loading Zone on the provided site plan would allow conformance to the Title 19
requirements. Approval of a variance for the existing structure would reclassify it as a
conforming structure. Pursuant to Title 19.14, It is generally the intent of this Title to permit
these nonconformities to continue until they are removed or abandoned, or until such earlier time
as they are ordered to be removed, but not to encourage their survival. In view of the absence
of any hardships imposed by the sites physical characteristics, it is concluded that the
applicants hardship is preferential in nature, and it is thereby outside the realm of NRS Chapter
278 for granting of Variances.

RG

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR-65376 [PRJ-65195]


Staff Report Page Five
September 13, 2016 - Planning Commission Meeting

FINDINGS (VAR-65374)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council,
in considering the merits of a Variance request, shall not grant a Variance in order to:
1.
2.
3.

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
as to relieve the difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected natural resources
and without substantially impairing the intent and purpose of any ordinance or
resolution.
The applicant has created a self-imposed hardship by overbuilding the site such that current
parking requirements cannot be met. Reducing the number and size of the storage containers
would allow conformance to the Title 19 requirements by providing additional parking spaces.
In view of the absence of any hardships imposed by the sites physical characteristics, it is
concluded that the applicants hardship is preferential in nature, and it is thereby outside the
realm of NRS Chapter 278 for granting of Variances.

FINDINGS (SUP-65375)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
1.

The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
The proposed land use can be conducted in a manner that is harmonious and compatible
with existing surrounding land uses by the General Plan and with future surrounding land
uses as the sale of utility trailers will occur with an existing General Retail Store, Other
than Listed use.

RG

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR-65376 [PRJ-65195]


Staff Report Page Six
September 13, 2016 - Planning Commission Meeting

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The site is not physically suitable for the type and intensity of the proposed land use. Title
19.12, specifies for the Boat & Trailer Sales (New and Used) use requires a minimum site
area of 25,000 square feet. The site currently has an area of 23,087 square feet.

3.

Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
The adjacent street facilities are adequate in size to meet the requirements of the proposed
use.

4.

Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
The approval of the Special Use Permit on this subject property will be subject to
condition of approval and business license approval and compliance.

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 subject
property has a minimum site area of 23,087 square feet and 25,000 square feet is required.
The applicant has requested waiver to allow this use to occur in a 23,087 square-foot area.

FINDINGS (SDR-65376)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E) the
Planning Commission and/or City Council must affirm the following:
1.

The proposed development is compatible with adjacent development and


development in the area;
The proposed development is not compatible with adjacent development and development
in the area. The proposed conversion requires an additional eight parking spaces and does
not meet the required setbacks. The applicant has requested for two Variances for parking
and setbacks.

2.

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

RG

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR-65376 [PRJ-65195]


Staff Report Page Seven
September 13, 2016 - Planning Commission Meeting

The proposed development is not consistent with Title 19 regarding parking and setback
requirements. The applicant has applied for Variances for these issues.
3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
The Site can be accessed along Charleston Boulevard and the circulations do not
negatively impact adjacent roadways or neighborhood traffic.

4.

Building and landscape materials are appropriate for the area and for the City;
The building materials are not appropriate for the area and for the City; the building to be
converted are storage containers. The existing landscaping on site will not be affected by
the project.

5.

Building elevations, design characteristics and other architectural and aesthetic


features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;
The building elevations, design characteristics and other architectural and aesthetic
features are undesirable. The building is a painted, metal storage container that is not
harmonious or compatible with development in the area.

6.

Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
The proposed addition will be subject to plan check review and inspections in order to
protect the public health, safety and general welfare by the City staff.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The Board of City Commissioners approved a request for Rezoning (Z-000603/02/66
66) from: R-1 (Single Family Residential) and R-4 (High Density Residential)
to: C-1 (Limited Commercial).
The Planning Commission approved a request for a Plot Plan Review [Z08/08/68
0006-66(6)] for a proposed retail appliance store on the north side of
Charleston Boulevard west of Brush Street, C-1 zone.

RG

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR-65376 [PRJ-65195]


Staff Report Page Eight
September 13, 2016 - Planning Commission Meeting

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


The City Council approved a request for a Variance (V-0016-96) to allow
access onto Alpine Place where such is prohibited by the original zoning
04/17/96
conditions of Rezoning (Z-0006-66) at 5250 West Charleston Boulevard. The
Board of Zoning Adjustment and staff recommended for approval.
The Board of Zoning Adjustment approved a one-year Required Review [V04/01/97
0016-96(1)] on the property located at 5250 West Charleston Boulevard.
A Code Enforcement case (#164752) was processed for sign violations and
03/23/16
storage containers in the rear of the property located at 5250 West Charleston
Boulevard. The case is currently active.
The Planning Commission voted (7-0) to hold ZON-65372, VAR-65373,
VAR-65374, SUP-65375 and SDR-65376 in abeyance to the 09/13/16
08/09/16
Planning Commission meeting at the request of the applicant.
Most Recent Change of Ownership
11/22/99
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
A building permit (#44842) was issued for a commercial building at 5250
10/16/68
West Charleston Boulevard. The permit was finalized on 6/25/69.
A building permit (#18682) was issued for exterior and interior tenant
improvement at 5250 West Charleston Boulevard. The permit was finalized
10/1/74
on 11/15/74
A building permit (#2416) was issued for a building addition at 5250 West
05/02/77
Charleston Boulevard. The permit was finalized on 08/04/77.
A business license (#G62-05622) for gun safe sales at 5250 West Charleston
06/19/14
Boulevard. The license is currently active.
A building permit (#275222) was issued for a sign at 5250 West Charleston
12/09/14
Boulevard. The permit was finalized on 03/24/15.
Pre-Application Meeting
A pre-application meeting was conducted with the applicant to discuss the
submittal requirements for Rezoning, Variance, Special Use Permit and Site
Development Plan Review applications. The applicant proposes to convert
the existing shipping containers into permanent structure. The proposed
conversion results in an increase of eight parking spaces. The applicant was
06/15/16
informed of a second application for Variance for a parking is required on a
Parking Impaired Development.
It was discussed that the existing
nonconforming building on-site can be added as part of the Variance
application in addition to the setback for the proposed conversion of the
storage containers.
RG

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR-65376 [PRJ-65195]


Staff Report Page Nine
September 13, 2016 - Planning Commission Meeting

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

Field Check
06/30/16

A field check was conducted by staff and observed the storage containers
located in the rear of the property.

Details of Application Request


Site Area
Net Acres
0.53

Surrounding
Property
Subject Property

North
South
East
West

Existing Land Use


Per Title 19.12
General Retail,
Other than Listed
Single Family,
Detached
General Retail,
Other than Listed
General Retail,
Other than Listed
Vacant

Planned or Special
Land Use Designation
MXU (Mixed Use)

MXU (Mixed Use)


MXU (Mixed Use)
MXU (Mixed Use)
MXU (Mixed Use)

Existing Zoning District


R-1 (Single Family
Residential)
C-1 (Limited
Commercial)
R-CL (Single-Family
Compact-Lot)
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
A-O (Airport Overlay) District (200 feet)
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

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

RG

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR-65376 [PRJ-65195]


Staff Report Page Ten
September 13, 2016 - Planning Commission Meeting

DEVELOPMENT STANDARDS
Pursuant to Title 19.08, the following standards apply:
Standard
Required/Allowed
Provided
Min. Lot Width
100 Feet
99 Feet
Proposed building Min. Setbacks
x Front
10 Feet
5 Feet
10 Feet
0 Feet
x Side
Existing nonconforming building Min.
Setbacks
x Front
10 Feet
7 Feet
0 Feet
x Side
10 Feet
Max. Lot Coverage
50 %
39 %
Storage Containers Max. Building Height
N/A
10 Feet
*Nonconforming lot
**A Variance (VAR-65373) application for setbacks is part of this request.

Street Name
Charleston
Boulevard
Alpine Way

Functional
Classification of
Street(s)
Primary Arterial
N/A

Governing Document
Planned Streets and
Highways Map
N/A

Compliance
Y*
N**
N**

N**
N**
Y
Y

Actual
Street Width
(Feet)

Compliance
with Street
Section

100

60

N/A

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
General Retail
7,890 SF
1/175 SF
46
Store
Storage
Container
1,280 SF
1/175 SF
+8
Conversion
(addition)
54
13
N*
TOTAL SPACES REQUIRED
52
2
12
1
N*
Regular and Handicap Spaces Required
Loading
9,170 SF
1
1
1
Y
Spaces
*A Variance (VAR-65374) for parking is part of this application request.
RG

ZON-65372

ZON-65372

b7

AA7

A7b

A7

AA7

AA7A

A7

7bA7

7A

7A

7A

77A7

77 =
A 7

77


7

4
74

A777A

77
7

77
7

77

77
7

b77b
b b

777

b 777b

b77
b 7b
b

77

b 77
7b
b

77
7

b 77
7b
b

b
b 77


7b
b

77 7
77 =

77
7
777 7=

b77 =
b

77 7

77 7

77A
77
7
77 7
7 74

b 7

b77
4
4

7A

b77b
b
b

777b
7b
7

7777 7
7 77777777 7b
7 77 777 7
777 77777

7 7
77 7 7

b7

77 7 7

b
7

A7AbA7

AbA7A

77777777

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR-65376

777777A777
77bAA7b7A7A777
77b7

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR-65376

b
7

A7AbA7

AbA7A

77777777

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR-65376

777777A777
77bAA7b7A7A777
77b7

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR-65376

7
7

7
7

7
7

7
7

b7777
7777777

b77
7777777

A77777b
7

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR-65376

77

7777

7 7

b77
7777

777

77

7
7"7

77

7
"7

A77777b
7

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and SDR-65376

777

77

7777

7b77

ZON-65372 [PRJ-65195] REZONING RELATED TO VAR-65373, VAR-65374, SUP-65375 AND SDR65376 - APPLICANT: NEVADA SAFES - OWNER: MCC INVESTMENT COMPANY LTD
5250 WEST CHARLESTON BOULEVARD
06/30/16

ZON-65372 [PRJ-65195] REZONING RELATED TO VAR-65373, VAR-65374, SUP-65375 AND SDR65376 - APPLICANT: NEVADA SAFES - OWNER: MCC INVESTMENT COMPANY LTD
5250 WEST CHARLESTON BOULEVARD
06/30/16

ZON-65372 [PRJ-65195] REZONING RELATED TO VAR-65373, VAR-65374, SUP-65375 AND SDR65376 - APPLICANT: NEVADA SAFES - OWNER: MCC INVESTMENT COMPANY LTD
5250 WEST CHARLESTON BOULEVARD
06/30/16

ZON-65372 [PRJ-65195] REZONING RELATED TO VAR-65373, VAR-65374, SUP-65375 AND SDR65376 - APPLICANT: NEVADA SAFES - OWNER: MCC INVESTMENT COMPANY LTD
5250 WEST CHARLESTON BOULEVARD
06/30/16

ZON-65372 [PRJ-65195] REZONING RELATED TO VAR-65373, VAR-65374, SUP-65375 AND SDR65376 - APPLICANT: NEVADA SAFES - OWNER: MCC INVESTMENT COMPANY LTD
5250 WEST CHARLESTON BOULEVARD
06/30/16

ZON-65372 [PRJ-65195] REZONING RELATED TO VAR-65373, VAR-65374, SUP-65375 AND SDR65376 - APPLICANT: NEVADA SAFES - OWNER: MCC INVESTMENT COMPANY LTD
5250 WEST CHARLESTON BOULEVARD
06/30/16

ZON-65372 [PRJ-65195] REZONING RELATED TO VAR-65373, VAR-65374, SUP-65375 AND SDR65376 - APPLICANT: NEVADA SAFES - OWNER: MCC INVESTMENT COMPANY LTD
5250 WEST CHARLESTON BOULEVARD
06/30/16

ZON-65372 [PRJ-65195] REZONING RELATED TO VAR-65373, VAR-65374, SUP-65375 AND SDR65376 - APPLICANT: NEVADA SAFES - OWNER: MCC INVESTMENT COMPANY LTD
5250 WEST CHARLESTON BOULEVARD
06/30/16

ZON-65372 [PRJ-65195] REZONING RELATED TO VAR-65373, VAR-65374, SUP-65375 AND SDR65376 - APPLICANT: NEVADA SAFES - OWNER: MCC INVESTMENT COMPANY LTD
5250 WEST CHARLESTON BOULEVARD
06/30/16

ZON-65372 [PRJ-65195] REZONING RELATED TO VAR-65373, VAR-65374, SUP-65375 AND SDR65376 - APPLICANT: NEVADA SAFES - OWNER: MCC INVESTMENT COMPANY LTD
5250 WEST CHARLESTON BOULEVARD
06/30/16

ZON-65372 [PRJ-65195] REZONING RELATED TO VAR-65373, VAR-65374, SUP-65375 AND SDR65376 - APPLICANT: NEVADA SAFES - OWNER: MCC INVESTMENT COMPANY LTD
5250 WEST CHARLESTON BOULEVARD
06/30/16

ZON-65372 [PRJ-65195] REZONING RELATED TO VAR-65373, VAR-65374, SUP-65375 AND SDR65376 - APPLICANT: NEVADA SAFES - OWNER: MCC INVESTMENT COMPANY LTD
5250 WEST CHARLESTON BOULEVARD
06/30/16

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and


SDR-65376

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and


SDR-65376

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and


SDR-65376

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and


SDR-65376

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and


SDR-65376

ZON-65372, VAR-65373, VAR-65374, SUP-65375 and


SDR-65376

Agenda Item No.: 50.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - VAR-65373 - VARIANCE RELATED TO ZON-65372 - PUBLIC HEARING APPLICANT: NEVADA SAFES - OWNER: MCC INVESTMENT COMPANY LTD - For
possible action on a request for a Variance TO ALLOW A FIVE-FOOT FRONT YARD
SETBACK AND TO ALLOW A ZERO-FOOT SIDE YARD SETBACK WHERE 10 FEET IS
REQUIRED FOR A PROPOSED 1,280 SQUARE-FOOT BUILDING; AND TO ALLOW A
SEVEN-FOOT FRONT YARD SETBACK AND ZERO-FOOT SIDE YARD SETBACK
WHERE 10 FEET IS REQUIRED FOR AN EXISTING NONCONFORMING BUILDING on
0.53 acres at 5250 West Charleston Boulevard (APN 138-36-803-004), R-1 (Single Family
Residential) and C-1 (Limited Commercial) Zones [PROPOSED: C-1 (Limited Commercial)],
Ward 1 (Tarkanian) [PRJ-65195]. Staff recommends DENIAL.
C.C.: 10/19/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

VAR-65373

VAR-65373

Agenda Item No.: 51.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - VAR-65374 - VARIANCE RELATED TO ZON-65372 AND VAR-65373 PUBLIC HEARING - APPLICANT: NEVADA SAFES - OWNER: MCC INVESTMENT
COMPANY LTD - For possible action on a request for a Variance TO ALLOW ZERO
ADDITIONAL PARKING SPACES ON A PARKING IMPAIRED DEVELOPMENT WHERE
EIGHT ADDITIONAL SPACES ARE REQUIRED on 0.53 acres at 5250 West Charleston
Boulevard (APN 138-36-803-004), R-1 (Single Family Residential) and C-1 (Limited
Commercial) Zones [PROPOSED: C-1 (Limited Commercial)], Ward 1 (Tarkanian) [PRJ65195]. Staff recommends DENIAL.
C.C.: 10/19/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest/Support Postcards VAR-65374 and SUP-64375 [PRJ-65195]

Consistent with the Citys


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

VAR-65374

VAR-65374

Agenda Item No.: 52.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - SUP-65375 - SPECIAL USE PERMIT RELATED TO ZON-65372, VAR-65373
AND VAR-65374 - PUBLIC HEARING - APPLICANT: NEVADA SAFES - OWNER: MCC
INVESTMENT COMPANY LTD - For possible action on a request for a Special Use Permit
FOR A PROPOSED BOAT AND TRAILER DEALERSHIP (NEW AND USED) WITH A
WAIVER TO ALLOW A MINIMUM SITE AREA OF 23,087 SQUARE FEET WHERE 25,000
SQUARE FEET IS REQUIRED at 5250 West Charleston Boulevard (APN 138-36-803-004), R1 (Single Family Residential) and C-1 (Limited Commercial) Zones [PROPOSED: C-1 (Limited
Commercial)], Ward 1 (Tarkanian) [PRJ-65195]. Staff recommends DENIAL.
C.C.: 10/19/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

SUP-65375

SUP-65375

Agenda Item No.: 53.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - SDR-65376 - SITE DEVELOPMENT PLAN REVIEW RELATED TO ZON65372, VAR-65373, VAR-65374 AND SUP-65375 - PUBLIC HEARING - APPLICANT:
NEVADA SAFES - OWNER: MCC INVESTMENT COMPANY LTD - For possible action on
a request for a Site Development Plan Review FOR THE PROPOSED CONVERSION OF
FOUR SHIPPING CONTAINERS TOTALING 1,280 SQUARE FEET TO A BUILDING on
0.53 acres at 5250 West Charleston Boulevard (APN 138-36-803-004), R-1 (Single Family
Residential) and C-1 (Limited Commercial) Zones [PROPOSED: C-1 (Limited Commercial)],
Ward 1 (Tarkanian) [PRJ-65195]. Staff recommends DENIAL.
C.C.: 10/19/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

SDR-65376

SDR-65376

Agenda Item No.: 54.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ZON-66029 - REZONING - PUBLIC HEARING - APPLICANT/OWNER: JOSE PICHARDO For possible action on a request for a Rezoning FROM: R-3 (MEDIUM DENSITY
RESIDENTIAL) TO: R-4 (HIGH DENSITY RESIDENTIAL) on 0.24 acres on the east side of
10th Street, approximately 50 feet north of Garces Avenue (APN 139-34-801-012), Ward 3
(Coffin) [PRJ-65295]. Staff recommends APPROVAL.
C.C.: 10/19/2016
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - ZON-66029, VAR-65308, SUP-65379 and SDR-65382 [PRJ65925]
3. Supporting Documentation
4. Photo(s) - ZON-66029, VAR-65308, SUP-65379 and SDR-65382 [PRJ-65925]
5. Justification Letter - ZON-66029, VAR-65308, SUP-65379 and SDR-65382 [PRJ-65925]
6. Protest Postcards

ZON, 66029, VAR-65380, SUP-65379 and SDR-65382 [PRJ-65295]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: JOSE PICHARDO

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
ZON-66029
VAR-65380
SUP-65379

SDR-65382

RECOMMENDATION
Staff recommends APPROVAL.
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:

REQUIRED FOR
APPROVAL
ZON-66029
ZON-66029
VAR-65380
ZON-66029
VAR-65380
SUP-65379

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

40

NOTICES MAILED

247 ZON-66029
247 VAR-65380 and SUP-65379
247 SDR-65382

APPROVALS

0 ZON-66029
2 VAR-65380 and SUP-65379
0 SDR-65382

PROTESTS

3 ZON-66029
4 VAR-65380 and SUP-65379
5 SDR-65382

SS

ZON, 66029, VAR-65380, SUP-65379 and SDR-65382 [PRJ-65295]


Conditions Page One
September 13, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-65380 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Special Use Permit (SUP65379) and Site Development Plan Review (SDR-65382) 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-65379 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Mixed Use
Development.

2.

Approval of and conformance to the Conditions of Approval for Variance (Var-65380) and
Site Development Plan Review (SDR-65382) shall be required.

SS

ZON, 66029, VAR-65380, SUP-65379 and SDR-65382 [PRJ-65295]


Conditions Page Two
September 13, 2016 - Planning Commission Meeting

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-65382 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Variance (VAR-65380)


and Special Use Permit (SUP-65379) shall be required, if approved.

2.

This approval is a major amendment to, and shall run concurrently with, Site Development
Plan Review (SDR-59513). No further action is needed, as the amendment is extended,
exercised or expired with SDR-59513.

3.

All development shall be in conformance with the site plan date stamped 06/23/16,
landscape plan date stamped 06/27/16, building elevations date stamped 06/23/16 and
07/05/16 and floor plans date stamped 06/23/16, except as amended by conditions herein.

4.

A Waiver from Title 19.06.110 is hereby approved, to allow a zero-foot perimeter


landscape buffer along the west property line where six feet is required.

5.

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

6.

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

SS

ZON, 66029, VAR-65380, SUP-65379 and SDR-65382 [PRJ-65295]


Conditions Page Three
September 13, 2016 - Planning Commission Meeting

7.

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


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

8.

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.

9.

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

Public Works

10. Correct all Americans with Disabilities Act (ADA) deficiencies on the sidewalks adjacent
to this site on 10th Street 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.
11. Remove all substandard alley improvements concurrent with the development of this site.
All existing paving damaged or removed by this development shall be restored at its
original location and to its original width concurrent with development of this site. A
geotechnical soils report shall be submitted concurrent with the submittal of off-site
construction drawings for the site and shall be approved prior to the issuance of any offsite
permits.
12. Landscape and maintain all unimproved rights-of-way, if any, adjacent to this site. All
landscaping and private improvements installed with this project shall be situated and
maintained so as to not create sight visibility obstructions for vehicular traffic at all
development access drives and abutting street intersections.
13. Meet with the Fire Protection Engineering Section of the Department of Fire Services to
discuss fire requirements for the proposed use of this facility. The design and layout of all
onsite private circulation and access drives shall meet the approval of the Department of
Fire Services.

SS

ZON, 66029, VAR-65380, SUP-65379 and SDR-65382 [PRJ-65295]


Conditions Page Four
September 13, 2016 - Planning Commission Meeting

14. Submit an Encroachment Agreement for landscaping and private improvements in the 10th
Street public right-of-way prior to this issuance of permits for these improvements. The
applicant must carry an insurance policy for the term of the Encroachment Agreement and
add the City of Las Vegas as an additionally insured entity on this insurance policy. If
requested by the City, the applicant shall remove property encroaching in the public rightof way at the applicant's expense pursuant to the terms of the City's Encroachment
Agreement. The installation and maintenance of all private improvements in the public
right of way shall be the responsibility of the adjacent property owner(s) and shall be
transferred with the sale of the property for the entire term of the Encroachment
Agreement. Coordinate all requirements for the Encroachment Agreement with the Land
Development Section of the Department of Building and Safety (229-4836).
15. Meet with the Flood Control Section of the Department of Public Works for assistance with
establishing finished floor elevations and drainage patterns for this site prior to submittal of
construction plans or the issuance of any building or grading permits, whichever may occur
first. Provide and improve all drainage ways as recommended.

SS

ZON-66029, VAR-65380, SUP-65379 and SDR-65382 [PRJ-65295]


Staff Report Page One
September 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting to modify the previous approval for a three-story apartment building
on this site to add eight additional units on upper levels and a small commercial tenant space at
the ground level. Several two-bedroom units would be split into studio and one-bedroom units,
but the footprint of the building would remain as approved. The addition of the commercial
space would transform this apartment project into a mixed-use development. No additional
parking is proposed.

ISSUES
x
x

The Mixed-Use use is permitted in the R-3 (Medium Density Residential) zoning district
with the approval of a Special Use Permit.
The R-3 zoning district allows up to 50 dwelling units per acre. The proposed eight-unit
addition would increase this development to 75 units per acre, which is incompatible with
this district. The applicant has proposed to rezone the property to R-4 (High Density
Residential) to allow for the increased density.
A Variance is needed to allow 20 parking spaces where 29 spaces are required as a result of
adding residential units and a commercial tenant space. The Variance triggers a Major
Amendment of the approved Site Development Plan Review for a 10-unit multi-family
residential development. Staff does not support this request.
A new waiver of perimeter landscaping would be needed to allow the area in front of the
proposed caf to be hardscaped. A minimum buffer width of six feet was approved in the
original entitlement; this request would reduce the buffer to zero feet along a portion of the
west property line.
The commercial tenant space must conform to all building code requirements at the time of
building permit review, including the incorporation of standards for handicap accessibility.

ANALYSIS
The site is subject to Title 19.12 requirements for mixed use developments, Title 19.06
requirements for R-4 zoned properties and Title 19.18.030 mixed use parking requirements (at
the option of the applicant). The R-4 District allows for unlimited density, notwithstanding the
55-foot height limitation. With the eight units proposed as part of this request, the development
would have a total of 18 units and a net density of 75 units per acre. Due to the small size of the
parcel, high densities are possible but are not likely to affect compatibility with the adjacent
professional offices on adjacent parcels. The R-4 District conforms to the existing MXU (Mixed
SS

ZON-66029, VAR-65380, SUP-65379 and SDR-65382 [PRJ-65295]


Staff Report Page Two
September 13, 2016 - Planning Commission Meeting

Use) General Plan designation on this site, which allows for both residential and commercial
uses. This area is included in the approved Vision 2035 Downtown Master Plan as part of the
Founders District, a transit-oriented historic neighborhood that is envisioned to include mixeduse residential with ground level retail and office. This mixed use development would not be
located at an intersection, but is intended to only provide minimal neighborhood services, and
would therefore not negatively impact the surrounding properties.
Title 19 parking requirements cannot be met by the proposal; thus, a variance is required. As
this is a mixed use development, the applicant may opt to use the 19.18.030 mixed use parking
requirement or offer an alternative parking standard endorsed by a licensed engineer through a
special use permit. The applicant has chosen to use the parking standard for each use as required
by Title 19, resulting in a shortage of nine spaces.
The Mixed-Use use is defined as, the vertical integration of residential uses and commercial or
civic uses within a single building or a single development, where the uses share pedestrian
access, vehicular access, parking functions, or any combination thereof. The proposed use
meets the definition, as the applicant is requesting to incorporate a 140 square-foot take-out
restaurant space on the ground floor of an approved multi-family residential development.
Parking is provided for both uses on the ground floor underneath the residential units. MixedUse is permitted in the R-3 zoning district with a Special Use Permit
The Minimum Special Use Permit Requirements for this use include:
1. Residential uses permitted as of right in the R-3 and R-4 Zoning Districts may be
permitted by means of a Special Use Permit within a P-O, O or C-PB Zoning District.
This requirement does not apply, as the property is proposed to be located within the
R-4 zoning district, where residential uses are already permitted as of right.
2. Nonresidential uses permitted as of right in the P-O, O and C-1 Zoning Districts may
be permitted by means of a Special Use Permit within an R-3 or R-4 Zoning District.
The proposed use meets this requirement, as a Special Use Permit is requested for a
proposed 140 square-foot commercial tenant space in the R-4 zoning district.
3. Commercial uses or civic uses shall at a minimum be located at the ground level
fronting the primary public rights-of-way and may extend beyond the ground floor.
The principal entryway to access those uses, whether individually or collectively,
shall be directly accessed from and oriented to the public sidewalk.
The proposed use meets this requirement, as the proposed commercial tenant space
would be located at the ground level oriented toward and with direct access from
10th Street.

SS

ZON-66029, VAR-65380, SUP-65379 and SDR-65382 [PRJ-65295]


Staff Report Page Three
September 13, 2016 - Planning Commission Meeting

4. Residential uses shall not be permitted on the ground floor fronting on primary public
rights-of-way, but may be located at or above the second level of the building.
Residential uses may be located on the ground floor of any building or portion thereof
that is located at the interior of the development site and does not front on an arterial
or collector street.
The proposed use meets this requirement, as all multi-family residential units would
be located on the second and third levels of the proposed building.
5. Surface parking lots shall be located to the side or the rear of the principal building(s)
on the site, and shall be screened from view of the adjacent rights-of-way by the
principal building(s) or a landscape buffer in conformance with the requirements of
LVMC Chapter 19.08. Parking structures shall not be located along the street
frontages of the development site, but shall be screened from view of the adjacent
rights-of-way by the principal building(s).
The proposed use meets this requirement, as access to the covered ground level
parking area would be from the rear alley. The side facing public right-of-way would
not be exposed.
The proposed 140 square-foot restaurant would provide walk-up service only (no indoor
seating/waiting area) serving only prepared food and drinks. Access to restroom facilities is
shown on the exterior of the building, facing south. In addition, the restroom facilities must
conform to all building code requirements at the time of building permit review, including the
incorporation of standards for handicap accessibility.
Other than the addition of units on the third floor and the reduction of the west side perimeter
landscape buffer in order to provide an outdoor dining area, there are no changes to the building
configuration or site layout. The R-3 District allows for a maximum of 12 units on this site as a
result of the existing lot area. The proposed number of units cannot be approved, prompting the
applicant to request a Rezoning to R-4. Additionally, because the additional units trigger the
need for a parking variance that is self-created by the applicant, the development is not
compatible with the adjacent offices, many of which are already tight on parking and depend on
public parking along 10th Street. Staff therefore recommends denial, with conditions if
approved.
The Las Vegas Valley Water District notes that this parcel is currently served by LVVWD from
the alley on the east side of the parcel. The proposed development will require at least one large
above-ground backflow prevention assembly that cannot be placed in the alley, below ground or
inside of a room. The applicant is advised to revise the site plan to provide a setback adjacent to
the water main to allow for the above-ground water facilities outside of the public right-of-way.

SS

ZON-66029, VAR-65380, SUP-65379 and SDR-65382 [PRJ-65295]


Staff Report Page Four
September 13, 2016 - Planning Commission Meeting

FINDINGS (ZON-66029)
In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning
Commission or City Council must affirm the following:
1.

The proposal conforms to the General Plan.


The General Plan designation for the subject parcels is MXU (Mixed Use), which allows
flexibility in types of uses and densities to encourage urban living and neighborhood
access to services. The proposed rezoning to R-4 (High Density Residential) conforms to
the H (High Density Residential) General Plan category, which is encompassed by the
MXU designation.

2.

The uses which would be allowed on the subject property by approving the rezoning
will be compatible with the surrounding land uses and zoning districts.
The R-4 zoning district primarily allows residential uses with densities exceeding 25.49
dwelling units per acre, but is limited by a 55-foot maximum height standard. Commercial
uses are also permitted as part of a mixed-use development.

3.

Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
This area is expected to be included in the Vision 2035 Downtown Master Plan as part of
the Founders District, a transit-oriented historic neighborhood that is envisioned to include
mixed-use residential with ground level retail and office uses at key intersections.

4.

Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed zoning district.
10th Street provides access to the property. While it is classified as a Minor Street by
Title 13, its 80-foot width provides adequate capacity to accommodate the proposed R4 zoning district.

FINDINGS (VAR-65380)
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:

SS

ZON-66029, VAR-65380, SUP-65379 and SDR-65382 [PRJ-65295]


Staff Report Page Five
September 13, 2016 - Planning Commission Meeting

1.
2.
3.

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
as to relieve the difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected natural resources
and without substantially impairing the intent and purpose of any ordinance or
resolution.
No evidence of a unique or extraordinary circumstance has been presented, in that the applicant
has created a self-imposed hardship by proposing additional units that increases the parking
requirement beyond what the site can provide. Leaving the number of units at 10 would allow
conformance to the Title 19 requirements. In view of the absence of any hardships imposed by
the sites physical characteristics, it is concluded that the applicants hardship is preferential in
nature, and it is thereby outside the realm of NRS Chapter 278 for granting of Variances.

FINDINGS (SUP-65379)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
1.

The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
A Mixed-Use development on this site would be compatible with the adjacent professional
office uses in the vicinity; however, this site lacks the capacity to provide sufficient onsite
parking facilities to handle the increased number of residential units proposed, which can
cause potential issues with offsite parking. Therefore, this particular use cannot be
conducted in a manner that is harmonious and compatible with the surrounding land uses.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
With the number of residential units proposed, the site cannot accommodate the requisite
number of parking spaces.

SS

ZON-66029, VAR-65380, SUP-65379 and SDR-65382 [PRJ-65295]


Staff Report Page Six
September 13, 2016 - Planning Commission Meeting

3.

Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
Access to the property is provided by 10th Street, an 80-foot right-of-way, and a 20-foot
rear alley. Both are adequate in size to meet the requirements of the proposed Mixed-Use
development.

4.

Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
The proposed uses onsite will be subject to licensing requirements and inspections if
approved, thereby safeguarding the public health, safety and welfare.

5.

The use meets all of the applicable conditions per Title 19.12.
All Minimum Special Use Permit Requirements for the Mixed-Use use are satisfied by the
proposed use.

FINDINGS (SDR-65382)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E) the
Planning Commission and/or City Council must affirm the following:
1.

The proposed development is compatible with adjacent development and


development in the area;
The subject site lacks the capacity to provide sufficient onsite parking facilities to handle
the increased number of residential units proposed. Additionally, the number of additional
units proposed would exceed the maximum allowable density of the R-3 zoning district,
making the development incompatible with the adjacent R-3 and P-O zoned parcels.

2.

The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other dulyadopted city plans, policies and standards;
The development cannot be approved with 18 units as proposed, as the maximum density
allowance in the R-3 District is 50 dwelling units per acre. The proposed increase in
residential units triggers a parking variance, which staff does not support. The proposed
restroom facility associated with the commercial area will need to be designed according
to handicap-accessible building codes.

SS

ZON-66029, VAR-65380, SUP-65379 and SDR-65382 [PRJ-65295]


Staff Report Page Seven
September 13, 2016 - Planning Commission Meeting

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
The site is accessed from 10th Street, an 80-foot public right-of-way that is sufficient in
size to carry the minimal amount of traffic this proposed development will generate.

4.

Building and landscape materials are appropriate for the area and for the City;
The project design and style are appropriate for the subject location and will be
harmonious with buildings in the surrounding area. The submitted building elevations
indicate the building faades will have a light grey stucco finish, with 24-inch dark wood
tile pop out architectural embellishments. The primary tree species being utilized are the
24 box Mexican Fan Palm, 24 box Mediterranean Fan Palm, 24 box Pom Pom Olive
and 15-gallon African Sumac trees, which are consistent with the Southern Nevada
Regional Plan Coalition Regional Plant List.

5.

Building elevations, design characteristics and other architectural and aesthetic


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

6.

Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
The proposed mixed-use development will be subject to permitting and inspections in
order to protect the public health, safety and general welfare.

SS

ZON-66029, VAR-65380, SUP-65379 and SDR-65382 [PRJ-65295]


Staff Report Page Eight
September 13, 2016 - Planning Commission Meeting

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a Rezoning (ZON-59511) from R-1 (Single
Family Residential) to R-3 (Medium Density Residential) on 0.24 acres on the
east side of 10th Street, 50 feet north of Garces Avenue. The Planning
Commission and staff recommended approval.
The City Council approved a Variance (VAR-59512) to allow a six-foot front
yard setback where 10 feet is required on 0.24 acres on the east side of 10th
Street, 50 feet north of Garces Avenue. The Planning Commission and staff
recommended approval.
08/19/15
The City Council approved a Site Development Plan Review (SDR-59513)
for a proposed 10-unit, three-story multi-family residential building with
waivers to allow a six-foot landscape buffer along a portion of the west
perimeter where ten feet is the minimum required and a zero-foot buffer along
a portion of the east perimeter where six feet is the minimum required on 0.24
acres on the east side of 10th Street, 50 feet north of Garces Avenue. The
Planning Commission and staff recommended approval.
A Final Map (FMP-61271) to revert three subdivided lots on 0.24 acres to
11/25/15
acreage on the east side of 10th Street, 50 feet north of Garces Avenue was
recorded.
The Planning Commission voted (7-0) to hold VAR-65380, SUP-65379 and
08/09/16
SDR-65382 in abeyance to the September 13, 2016 Planning Commission
meeting at the applicants request.

Most Recent Change of Ownership


08/30/13
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


Civil Improvement Plans (62883) for a 10-unit, three-story multi-family
01/05/16
residential building were submitted for staff review. As of 08/15/16, the plans
have not been approved.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the submittal
requirements for a parking variance, a Special Use Permit and a Major
06/21/16
Modification to an existing Site Development Plan Review to allow a MixedUse development consisting of 18 residential units and 140 square feet of
restaurant area.

SS

ZON-66029, VAR-65380, SUP-65379 and SDR-65382 [PRJ-65295]


Staff Report Page Nine
September 13, 2016 - Planning Commission Meeting

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

Field Check
06/30/16

The site is undeveloped, containing mostly weeds on the interior and several
mature trees along 10th Street. The site is enclosed on three sides by a chain
link fence and a block wall on the south side.

Details of Application Request


Site Area
Net Acres
0.24

Surrounding
Property
Subject Property
North
South
East
West

Existing Land Use


Per Title 19.12
Vacant
(approved MultiFamily Residential)
Office, Other than
Listed
Office, Other than
Listed
Office, Other than
Listed
Office, Other than
Listed

Planned or Special
Land Use Designation

Existing Zoning District

MXU (Mixed Use)

R-3 (Medium Density


Residential)

MXU (Mixed Use)

P-O (Professional Office)

MXU (Mixed Use)

P-O (Professional Office)

C (Commercial)
MXU (Mixed Use)

R-3 (Medium Density


Residential)
P-R (Professional Office
and Parking)

Master Plan Areas


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

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

SS

ZON-66029, VAR-65380, SUP-65379 and SDR-65382 [PRJ-65295]


Staff Report Page Ten
September 13, 2016 - Planning Commission Meeting

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
Dwelling Units per Acre
Limited only by height
Min. Setbacks:
x Front
10 Feet
x Side (north)
5 Feet
x Side (south)
5 Feet
20 Feet
x Rear
Min. Distance Between Buildings
10 Feet
Max. Building Height
55 Feet
Trash Enclosure
Mech. Equipment

Existing Zoning
R-3 (Medium Density
Residential)
Proposed Zoning
R-4 (High Density
Residential)
General Plan
MXU (Mixed Use)

Screened, Gated, w/ a Roof or


Trellis
Screened

Provided
10,418 SF
N/A
75

Compliance
Y
N/A
Y

10 Feet
5 Feet
5 Feet
20 Feet
N/A
47 Feet
Screened,
Gated, w/
a Roof or
Trellis
Screened

Y
Y
Y
Y
N/A
Y
Y
Y

Permitted Density

Units Allowed

13-50 du/ac

12

Permitted Density
Limited only by height
restrictions (based on MXU
General Plan designation)
Permitted Density
Limited only by height
restrictions

Units Allowed
Limited only by height
restrictions
Units Allowed
Limited only by height
restrictions

SS

ZON-66029, VAR-65380, SUP-65379 and SDR-65382 [PRJ-65295]


Staff Report Page Eleven
September 13, 2016 - Planning Commission Meeting

Pursuant to Title 19.06 and the approved Site Development Plan Review (SDR-59513) for this site,
the following standards apply:
Landscaping and Open Space Standards
Approved SDR-59513
Provided
Compliance
Standards
Ratio
Trees
Buffer Trees:
x North
1 Tree / 20 Linear Feet
6 Trees
6 Trees
Y
x South
1 Tree / 20 Linear Feet
Y
6 Trees
6 Trees
x East
1 Tree / 20 Linear Feet
Y
2 Trees
3 Trees
1 Tree / 20 Linear Feet
4 Trees
4 Trees
x West
Y
TOTAL PERIMETER TREES
18 Trees
19 Trees
Y
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
x North
5 Feet
5 Feet
Y
x South
5 Feet
Y
5 Feet
x East
0-6 Feet
Y
0 Feet
6 Feet
Y
6 Feet
x West
6 Feet
Wall Height
Not required (not adjacent to residential)
adjacent to
N/A
south PL

Street Name
10th Street

Functional
Classification of
Street(s)
Minor Street

Governing Document
Title 13.12

Actual
Street Width
(Feet)
80

Compliance
with Street
Section
Y

SS

ZON-66029, VAR-65380, SUP-65379 and SDR-65382 [PRJ-65295]


Staff Report Page Twelve
September 13, 2016 - Planning Commission Meeting

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
Number of
HandiHandiRatio
Regular
Regular
Units
capped
capped
Multi-Family
1.25
10 Studio/
Residential
spaces per
18
4 1 BR
(Studio/1 BR)
unit
Multi-Family
1.75
Residential
spaces per
4
7
(2 BR)
unit
1 space
Guest Spaces
18
3
per 6 units
1 space
per 200
SF back of
Restaurant
140 SF
1
house
GFA
29
20
N
TOTAL SPACES REQUIRED
27
2
19
1
N
Regular and Handicap Spaces Required
Percent Deviation
45%

Waivers
Requirement
A minimum landscape buffer
width of 6 feet along the west
property line was allowed and
approved through the original
entitlement.

Request

Staff Recommendation

To reduce the buffer to


zero feet

Denial

SS

ZON-66029

ZON-66029

7
A

7
7

7
7

7A

7 7

7A

7A

7A

7A

7A

7b

bbA7A

7 7

77

77

A7A77

A b
b7A
A

A A
A7A

77A7

77 =
A 7

77


7

4
74

A777A

77
7

77
7

77

77
7

b77b
b b

777

b 777b

b77
b 7b
b

77

b 77
7b
b

77
7

b 77
7b
b

b
b 77


7b
b

77 7
77 =

77
7
777 7=

b77 =
b

77 7

77 7

77A
77
7
77 7
7 74

b 7

b77
4
4

A b7A

bA7A

bA7A
bA A

b7

7bA 7

b77b
b
b

A7A

777
7

7777 7
7 77777777 7b
7 77 777 7
777 77777

7 7
77 7 7

b7

77A77

ZON-66029 [PRJ-65295] REZONING RELATED TO VAR-65380, SUP-65379 AND SDR-65382 APPLICANT/OWNER: JOSE PICHARDO
EAST SIDE OF 10TH STREET, NORTH OF GARCES AVENUE
06/30/16

ZON-66029 [PRJ-65295] REZONING RELATED TO VAR-65380, SUP-65379 AND SDR-65382 APPLICANT/OWNER: JOSE PICHARDO
EAST SIDE OF 10TH STREET, NORTH OF GARCES AVENUE
06/30/16

ZON-66029 [PRJ-65295] REZONING RELATED TO VAR-65380, SUP-65379 AND SDR-65382 APPLICANT/OWNER: JOSE PICHARDO
EAST SIDE OF 10TH STREET, NORTH OF GARCES AVENUE
06/30/16

Agenda Item No.: 55.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - VAR-65380 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER:
JOSE PICHARDO - For possible action on a request for a Variance TO ALLOW 20 PARKING
SPACES WHERE 29 SPACES ARE REQUIRED on 0.24 acres on the east side of 10th Street,
approximately 50 feet north of Garces Avenue (APN 139-34-801-012), R-3 (Medium Density
Residential) Zone, Ward 3 (Coffin) [PRJ-65295]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps - VAR-65380, SUP-65379 and SDR-65382 [PRJ-65295]
3. Conditions and Staff Report - VAR-65380, SUP-65379 and SDR-65382 [PRJ-65295]
4. Supporting Documentation - VAR-65380, SUP-65379 and SDR-65382 [PRJ-65295]
5. Justification Letter - VAR-65380, SUP-65379 and SDR-65382 [PRJ-65295]
6. Action Letter for SDR-59513 - VAR-65380, SUP-65379 and SDR-65382 [PRJ-65295]
7. Protest/Support Postcards - VAR-65380 and SUP-65379 and Support Phone Log - VAR65380, SUP-65379 and SDR-65382 [PRJ-65295]

VAR-65380

VAR-65380

VAR-65380, SUP-65379 and SDR-65382

VAR-65380, SUP-65379 and SDR-65382

VAR-65380, SUP-65379 and SDR-65382

VAR-65380, SUP-65379 and SDR-65382

VAR-65380, SUP-65379 and SDR-65382

VAR-65380, SUP-65379 and SDR-65382

VAR-65380, SUP-65379 and SDR-65382

VAR-65380, SUP-65379 and SDR-65382

VAR-65380, SUP-65379 and SDR-65382

VAR-65380, SUP-65379 and SDR-65382

VAR-65380, SUP-65379 and SDR-65382

77

7
777717
77
7b7777777
77
777777777777777
777777A
77bA7777b7A77AbA77bA7
777777777777A77
7777777777777A7A7
77777777b77
77AAb7A777AbA77bA77
777777777A77A7Ab77
Ab7A7777777777777
7777A7A77777
777b77
7777A77A777A7A7b7A
7AbA77bA7777777777
A7777777777A7
777b777A77
AA77A77A7A777A7A7
A7A77AbA77A7A77777
7777A7A7777777777
777777A7A777
77777b77
77777777777777

7777777777777

777777A77777777

VAR-65380, SUP-65379 and SDR-65382

77777777777777
777777777777
7777777777777
7777717777
777777777777777
7777777b7A77777
7777777777777

77777777777777
777777777
17
71
7777
71
777777777777
77
77777777777777
7777777777
7777
7
77

VAR-65380, SUP-65379 and SDR-65382

A 77
77
7A 7b
7 7
7 7 77 7 7 A 7
A 7 7 7A 7 A
b 7b b 7 7 7A 77

A 7 A
b 7b b
b A 7 7 A
A

7 7

7 7
A 7 7
7A A A
b 7 7 A
A 7 7A
7b 
7
A 7 7
b 7 A A

7b 7b 7777 777A 777A 7


7 77 7 7 7 75 7A 7 7
7 5 A 7 A 7 7 7A
A 7 7A 7A 7 5 7 A b A 7 5 5 7A 7A
7 5 7 7 7 7 7 75 7 7
7 7A 7A 7 5 7 5 5 7A 7A 7
5 7 7 A 7 7 7 75 7 7 7
777777 77 7A 77
7 75 7 7 7 7 7 7
7 77b 7
777777 7

b 7 7A7 A
A 7 7A
7b7b
7 7 A b 7
7
A 7 A 7 A A 7

A 777 777b 77A 77


777 A 77777

77777 77 77777
7777777 b 777A
77 7 7777777b 77

A 7 7777 7 7777
7 7 7 7 7 777 7
777

A 7 7 7777777 77
77 77777 7 77
777 7 77777 7

A 7 7 7777777 77
77 777777 77
7 7777777 77777

b 7
A 7
7

777

7 7 7 7 7b  b 7 7 A 7b A 7 b 7A A

VAR-65380, SUP-65379 and SDR-65382

77
7 77 7
A 77

A 777 77777777
77 7 7777777777
7 77

7b 77A 77777777777
777

A 77777 77777
77 7777777777
777 7

7777 77b 7 77777


77 77 77777
77 7 7777 77777
7777

7 A 777777777 7A
7A 7 7 77b 7 7 77
77777 7 777 7777 7A 7
7C7 777777 7 77
7 7777777
7777 777777
7 A 7b 7b 7 777777b 7 7 7
777 7
7 +

b 77A 7 7 7A 7A A 7777 C
777777 777 77 77
77 7 7 7 7 7 7b 7 7 7
777

7777 77 77 7
77A 777 77 777 77
777777777 77 7
777A 777777 77 7
7777 777777777
77777

VAR-65380, SUP-65379 and SDR-65382

77
7 77 7
A 77

77 77 7 777777
A 7777 77 7777
77 7777777777
777 777777

7 77 7 7 7 777 77


7777 77777777
777777777777 7
777 777

77 7A 77777 7
77 77 777777 77
7 77 7777777 77
7A 7777b 777 7777
777777777b 7777
7777777 77777
7 7 7 7 7b 7 7A 7 7 7
7777 777777 777
77777 77777 7
7777777 777 7A 7b
7 777 7A 7 777
777 77 77 7

7 77 7b 7 777 77 7 C7
7 777777777
777 7777777777
7 7 7 777 77 777
7

7 777A 7 77 777 7b 7b C77A 77

7A 7

77
A

VAR-65380, SUP-65379 and SDR-65382

Agenda Item No.: 56.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - SUP-65379 - SPECIAL USE PERMIT RELATED TO VAR-65380 - PUBLIC
HEARING - APPLICANT/OWNER: JOSE PICHARDO - For possible action on a request for a
Special Use Permit FOR A MIXED-USE DEVELOPMENT on the east side of 10th Street,
approximately 50 feet north of Garces Avenue (APN 139-34-801-012), R-3 (Medium Density
Residential) Zone, Ward 3 (Coffin) [PRJ-65295]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

SUP-65379

SUP-65379

Agenda Item No.: 57.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - SDR-65382 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR65380 AND SUP-65379 - PUBLIC HEARING - APPLICANT/OWNER: JOSE PICHARDO For possible action on a request for a Major Amendment of an approved Site Development Plan
Review (SDR-59513) FOR A PROPOSED THREE-STORY MIXED-USE DEVELOPMENT
CONSISTING OF 140 SQUARE FEET OF RESTAURANT USES AND 18 MULTI-FAMILY
RESIDENTIAL UNITS, WITH A WAIVER TO ALLOW A ZERO-FOOT LANDSCAPE
BUFFER ALONG A PORTION OF THE WEST PROPERTY LINE WHERE SIX FEET WAS
APPROVED on 0.24 acres on the east side of 10th Street, approximately 50 feet north of Garces
Avenue (APN 139-34-801-012), R-3 (Medium Density Residential) Zone, Ward 3 (Coffin)
[PRJ-65295]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

SDR-65382

SDR-65382

SDR 65382
Jose Picardo

E side of 10th Street, N of Garces Avenue


Proposed 18 unit apartment complex with 0.14 thousand square feet of commercial space.
First Use
127.15

Average Daily Traffic (ADT)


AM Peak Hour

HIGH-TURNOVER (SIT-DWN)
RESTAURANT [1000 SF]

0.14

PM Peak Hour

11.52
11.15

18
2
2

Second Use
Average Daily Traffic (ADT)
AM Peak Hour

6.65
APARTMENT [DWELL]

18

PM Peak Hour

0.51
0.62

120
9
11

Total Use
Average Daily Traffic (ADT)
AM Peak Hour

6.65
APARTMENT [DWELL]

PM Peak Hour

18

0.51
0.62

138
11
13

Existing traffic on nearby streets:


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

31,438
2,515

10th Street
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)

1,026
82

Traffic Capacity of adjacent streets:


Charleston Boulevard
10th Street

Adjacent Street ADT Capacity


34,500
13,040

This project will add approximately 138 trips per day on Charleston Blvd., 10th St. and Garces Ave. Charleston is currently
at about 90 percent of capacity and 10th is at about 8 percent of capacity. After this project, Charleston is expected to be
at about 92 percent of capacity and 10th to be at about 9 percent of capacity. Counts are unavailable for Garces in this
vicinity, but it is believed to be under capacity.
Based on Peak Hour use, this development will add into the area roughly 13 additional cars, or about one every four
minutes.
Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 58.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - SUP-65414 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: D
F DURANGO, LLC - OWNER: DURANGO I-95, LLC - For possible action on a request for a
Special Use Permit FOR A BEER/WINE/COOLER OFF-SALE ESTABLISHMENT WITHIN
A PROPOSED 6,278 SQUARE-FOOT CONVENIENCE STORE (WITH FUEL PUMPS) on
the southwest corner of Durango Drive and El Capitan Way (APN 125-17-612-012), T-C (Town
Center) Zone [SC-TC (Service Commercial - Town Center) Special Land Use Designation],
Ward 6 (Ross) [PRJ-64494]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418
and SDR-65550 [PRJ-64494]
2. Special Map
3. Conditions and Staff Report - SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418
and SDR-65550 [PRJ-64494]
4. Supporting Documentation - SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418
and SDR-65550 [PRJ-64494]
5. Photo(s) - SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550
[PRJ-64494]
6. Justification Letter - SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and
SDR-65550 [PRJ-64494]
7. Protest Comment Forms for SUP-65414 and Protest/Support Postcards for SUP-65414 and
SUP-65415 [PRJ-64494]

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: AUGUST 9, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: D F DURANGO, LLC - OWNER: DURANGO I95, LLC

** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-65414
SUP-65415
SUP-65416
SUP-65417
SUP-65418
SDR-65550

RECOMMENDATION
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:
Staff recommends
conditions:

REQUIRED FOR
APPROVAL

DENIAL, if approved subject to


DENIAL, if approved subject to
DENIAL, if approved subject to
DENIAL, if approved subject to
DENIAL, if approved subject to
DENIAL, if approved subject to

SUP-65414
SUP-65415
SUP-65416
SUP-65417
SUP-65418

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

58

NOTICES MAILED

1105 SUP-65414 and SUP-65415


1105 SUP-65416 and SUP-65417
1105 SUP-65418 and SDR-65550

APPROVALS

8 SUP-65414 and SUP-65415


10 SUP-65416 and SUP-65417
11 SUP-65418 and SDR-65550

PROTESTS

7 SUP-65414 and SUP-65415


9 SUP-65416 and SUP-65417
4 SUP-65418 and SDR-65550

FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Conditions Page One
August 9, 2016 - Planning Commission Meeting

** CONDITIONS **

SUP-65414 CONDITIONS
Planning
1.

Conformance to all minimum requirements under the Town Center Development Standards
and LVMC Title 19.12 for a Beer/Wine/Cooler Off-sale Establishment use.

2.

Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-65550) shall be required.

3.

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

4.

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

5.

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

6.

Approval of this Special Use Permit does not constitute approval of a liquor license.

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.

SUP-65415 CONDITIONS
Planning
1.

Conformance to all minimum requirements under the Town Center Development Standards
for a Convenience Store (With Fuel Pumps) use.
FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Conditions Page Two
August 9, 2016 - Planning Commission Meeting

2.

Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-65550) shall be required.

3.

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

4.

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

5.

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

6.

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

SUP-65416 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under the Town Center Development


Standards for a proposed Gaming Establishment, Restricted use.

2.

Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-65550) shall be required.

3.

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

4.

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

5.

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

6.

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

FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Conditions Page Three
August 9, 2016 - Planning Commission Meeting

SUP-65417 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under the Town Center Development


Standards and LVMC Title 19.12 for a proposed Car Wash, Full Service or Auto Detailing
use.

2.

Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-65550) shall be required.

3.

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

4.

A Waiver from Title 19.12 is hereby approved, to allow service bay doors to front a rightof-way where such is not permitted.

5.

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

6.

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

7.

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

SUP-65418 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under Town Center Development Standards


for an Auto Smog Check use.

2.

Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-65550) shall be required.

FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Conditions Page Four
August 9, 2016 - Planning Commission Meeting

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-65550 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Special Use Permits (SUP65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418) shall be required, if approved.

2.

Conformance to the Conditions of Approval for approved Site Development Plan Review
(SDR-20496) shall be required.

3.

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

4.

All development shall be in conformance with the site plan, landscape plan, and building
elevations, date stamped 07/05/16 except as amended by conditions herein.

5.

A Waiver from the SC-TC (Service Commercial Town Center) perimeter landscape
requirements is hereby approved to allow a two-foot landscape buffer area were 15 feet is
required.

6.

A Waiver from the Town Center building placement requirements is hereby approved to
allow the proposed buildings to not abut the build-to-line adjacent to El Capitan Way.

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.
FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Conditions Page Five
August 9, 2016 - Planning Commission Meeting

8.

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

9.

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


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

10. A fully operational fire protection system, including fire apparatus roads, fire hydrants and
water supply, shall be installed and shall be functioning prior to construction of any
combustible structures.
11. All mechanical equipment shall be adequately screened to satisfy the requirements
contained in the Town Center Development Standards Manual.
12. All City Code requirements and design standards of all City Departments must be satisfied,
except as modified herein.
Public Works
13.

Correct all Americans with Disabilities Act (ADA) deficiencies on the sidewalks adjacent
to this site on 10th Street 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.

14. Meet with the Fire Protection Engineering Section of the Department of Fire Services to
discuss fire requirements for the proposed use of this facility. The design and layout of all
onsite private circulation and access drives shall meet the approval of the Department of
Fire Services.
15. An update to the previously approved Master Traffic Impact Analysis must be submitted to
and approved by the Department of Public Works prior to the issuance of any building or
grading permits or the submittal of any construction drawings, whichever may occur first.
Comply with the recommendations of the approved update to the Traffic Impact Analysis
prior to occupancy of the site. 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.
16. An Update to the previously approved Drainage Plan and Technical Drainage Study must
be submitted to and approved by the Department of Public Works prior to the issuance of
any grading or building permits, submittal of construction drawings or the submittal of a
Final Map for this site, whichever may occur first. Provide and improve all drainageways
as recommended in the approved drainage plan/study.
FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Conditions Page Six
August 9, 2016 - Planning Commission Meeting

17. Site development to comply with all applicable conditions of approval for SDR-20496 and
all other site related actions.

FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Staff Report Page One
August 9, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The request is for a Special Use Permit and a major amendment to an approved Site
Development Plan Review (SDR-20496) for a 6,278 square-foot Convenience Store (with Fuel
Pumps) at the northwest corner of Durango Drive and El Capitan Way. Associated Special Use
Permits include requests for a Beer/Wine/Cooler Off-Sale Establishment, a Restricted Gaming
Establishment, a Full Service Car Wash, and an Auto Smog Check in conjunction with the
proposed convenience store.

ISSUES
x
x
x
x
x
x
x

A Special Use Permit is required for a Convenience Store (with Fuel Pumps) within the SCTC (Service Commercial Town Center) land use designation. Staff recommends denial of
the request.
A Special Use Permit is required for a Beer/Wine/Cooler Off-sale establishment within the
SC-TC (Service Commercial Town Center) land use designation. Staff recommends denial
of the request.
A Special Use Permit is required for a Car Wash, Full Service or Auto Detailing use within
the SC-TC (Service Commercial Town Center) land use designation. Staff recommends
denial of the request.
A Special Use Permit is required for a Gaming Establishment, Restricted use within the SCTC (Service Commercial Town Center) land use designation. Staff recommends denial of
the request.
A Special Use Permit is required for an Auto Smog Check as it does not meet all of the Town
Center Conditional Use regulations. Staff recommends denial of the request.
A perimeter landscape waiver is being requested with the Site Development Plan Review to
allow a one-foot perimeter landscape buffer area along a portion of the east property line
where 15 feet is required. Staff recommends denial of this request.
A waiver is being requested to allow the street side of the building to not abut the build-toline when adjacent to a primary pedestrian corridor. Staff recommends denial of this request.

ANALYSIS
The request is for a major amendment to an approved Site Development Plan Review (SDR20496) for a 6,278 square-foot Convenience Store (with Fuel Pumps) with an ancillary full
service car wash and auto smog check at the southeast corner of an existing commercial
shopping center. The site plan depicts a 3,750 square-foot convenience store, a 2,310 squareFS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Staff Report Page Two
August 9, 2016 - Planning Commission Meeting

foot carwash with stacking for six cars, covered car vacuum areas, and a smog test kiosk with
one open air test bay. The sites location within a commercial subdivision allows for shared
parking throughout the existing shopping center. The proposed development does not increase
the parking requirement of the overall site. The original site plan indicates a total of 1,137
parking spaces provided where 1,081 were required.
The Town Center commercial development standards require that commercial buildings along
primary pedestrian corridors abut the build-to-line on the side of the building facing the street.
There is a multi-use trail alignment on El Capitan Way, which is considered a primary pedestrian
corridor. The commercial building should be located at the build-to-line along the east property
line where vacuum service bays are proposed, and a waiver has been requested to provide relief
from this requirement. The waiver request is recommended for denial as the site design
compromises the integrity of the Town Center streetscape and interrupts the continuity of the
pedestrian realm. This location is at a prominent intersection within the Town Center plan area,
and the site design does not adequately reflect the character or intent of the Town Center
Development Standards.
The landscape plan does not depict the required SC-TC (Service Commercial Town Center)
15-foot landscape buffer area along the east property line. Within the SC-TC (Service
Commercial- Town Center) designation, a 15-foot wide amenity zone, in addition to the width of
any detached or attached sidewalk, is to be provided between the right-of-way and the proposed
use. The applicant has requested a perimeter landscape waiver to allow a 2-foot perimeter
landscape buffer along a portion of the east property line where 15 feet is required. The waiver
request is recommended for denial as the landscape deficiency could be alleviated by an alternate
site design or reducing the site intensity. The minimal landscape buffer area also reduces
screening and aesthetic qualities at this prominent intersection within the Town Center plan area.
The required landscape buffer areas along Durango Drive are not depicted on the provided plans;
however, a note is included on the landscape plan that indicates that the landscape in this area is
existing and will remain. A visual inspection of aerial imagery confirms that the required
landscape has been installed as required.
The building elevations depict a one-story convenience store with a stucco, aluminum, stone and
glass exterior. The color scheme is generally consistent with Town Center Standards. The
proposed car wash is similar in design, and is consistent with the primary building on the site.
The fuel canopies are of a typical design, and the smog check kiosk uses materials that generally
match that of the primary building.
The site design and proposed reduction of perimeter landscaping detracts from the character of
the existing shopping center as well as development in the general area. Given the sites location
at a prominent Town Center intersection, it should exemplify the high design standards of the
Town Center plan area by both providing adequate landscaping and having a site design that

FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Staff Report Page Three
August 9, 2016 - Planning Commission Meeting

accentuates the pedestrian realm. The site as proposed is over-built and too intense for the size
of the subject parcel. As such, staff recommends denial of the Site Development Plan Review
and of the requested waivers.
A Special Use Permit is required for a Beer/Wine/Cooler Off-Sale Establishment within the SCTC (Service Commercial Town Center) land use designation.
A Beer/Wine/Cooler Off-Sale Establishment is defined as An establishments whose license to
sell alcoholic beverages is limited to the sale of beer, wine and coolers to consumers only and not
for resale, in original sealed or corked containers, for consumption off the premises where the
same are sold, and is operated in connection with a grocery store, drug store, convenience store
or specialty merchandise 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.
The site meets all distance separation requirements for the proposed use.

* 2.

Except as otherwise provided in Requirement 3 below, the distances referred to in


Requirement 1 shall be determined with reference to the shortest distance between two
property lines, one being the property line of the proposed establishment which is closest
to the existing use to which the measurement pertains, and the other being the property
line of that existing use which is closest to the proposed establishment. The distance shall
be measured in a straight line without regard to intervening obstacles. For purposes of
measurement, the term property line refers to property lines of fee interest parcels and
does not include the property line of: a. Any leasehold parcel; or b. Any parcel which
lacks access to a public street or has no area for on-site parking and which has been
created so as to avoid the distance limitation described in Requirement 1.

* 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.

b.

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
In the case of a proposed establishment which will be located within a shopping
center or other multiple tenant structure, from the nearest property line of the
existing use to the nearest property line of a leasehold or occupancy parcel in
which the establishment will be located, without regard to intervening obstacles.

FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Staff Report Page Four
August 9, 2016 - Planning Commission Meeting

4.

When considering a Special Use Permit application for an establishment which also
requires a waiver of the distance limitation in Requirement 1, the Planning Commission
shall take into consideration the distance policy and shall, as part of its recommendation
to the City Council, state whether the distance requirement should be waived and the
reasons in support of the decision.

5.

The minimum distance requirements in Requirement 1 do not apply to: a. An


establishment which has a non-restricted gaming license in connection with a hotel
having 200 or more guest rooms on or before July 1, 1992 or in connection with a resort
hotel having in excess of 200 guest rooms after July 1, 1992; or b. A proposed
establishment having more than 50,000 square feet of retail floor space.

* 6.

All businesses which sell alcoholic beverages shall conform to the provisions of LVMC
Chapter 6.50.

7.

The minimum distance requirements set forth in Requirement 1, which are otherwise
non-waivable under the provisions of LVMC 19.12.050(C), may be waived:
a.

b.

c.

d.

8.

In accordance with the provisions of LVMC 19.12.050(C) for any


establishment which is proposed to be located on a parcel within the
Downtown Casino Overlay District;
In accordance with the applicable provisions of the Town Center
Development Standards Manual for any establishment which is proposed
to be located within the T-C (Town Center) Zoning District and which is
designated MS- TC (Main Street Mixed Use) in the Town Center Land
Use Plan;
In connection with a proposed establishment having between 20,000
square feet and 50,000 square feet of retail floor space, if no more than 10
percent of the retail floor space is regularly devoted to the display or
merchandising of alcoholic beverages; or
In connection with a retail establishment having less than 20,000 square
feet of retail floor space, if the area to be used for the sale, display or
merchandising of alcoholic beverages and each use to be protected are
separated by a highway or a right of way with a width of at least 100 feet.

No beer/wine/cooler off-sale establishment shall be permitted on or adjacent to the


Pedestrian Mall, as defined in LVMC Chapter 11.68. On-site Parking Requirement: No
additional parking required beyond that which is required for the principal use(s) on the
site

Staff recommends denial of the request because the requested building orientation and perimeter
landscape waivers associated with the companion Site Development Plan Review indicates that
the site is not physically suitable for the type and intensity of the proposed land use.

FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Staff Report Page Five
August 9, 2016 - Planning Commission Meeting

A Special Use Permit is required for a Convenience Store with Fuel Pumps use within the SCTC (Service Commercial Town Center) land use designation.
The Convenience Store with Fuel Pumps use is unique to the Town Center Plan area. The most
similar Title 19 definition is for a Convenience Store, which is defined as A facility designed to
have a minimum size of 1,200 square feet and no more than 5,000 square feet of floor space,
exclusive of warehouse and office area, devoted to the display of merchandise, that is primarily
used for the retail sale to the public of merchandise for offsite consumption, including
prepackaged food products, sundries, household items and similar consumer items. The term
does not include a retail business licensed as a drugstore pursuant to LVMC Title 6. The
proposed use meets the definition of Title 19.
The Minimum Town Center Special Use Permit Requirements for this use include:
a. Shall not locate within 330 feet of any single-family detached dwelling.
The site meets all distance separation requirements for the proposed use.
b. The installation and use of an outside public address or bell system is prohibited.
The provided plans do not indicate the installation of a public address or bell system, and
a condition of approval has been included to ensure compliance with this requirement.
Staff recommends denial of the request because the requested building orientation and perimeter
landscape waivers associated with the companion Site Development Plan Review indicates that
the site is not physically suitable for the type and intensity of the proposed land use.
A Special Use Permit is required for a Gaming Establishment, Restricted use within the SC-TC
(Service Commercial Town Center) land use designation.
Gaming Establishment, Restricted is defined as An establishment which is used or intended to
be used for gaming activities for which a restricted gaming license is required pursuant to Title 6
of the Las Vegas Municipal Code. For informational purposes, the term refers to an
establishment whose gaming operations are limited to not more than fifteen slot machines,
incidental to the primary business at the establishment, and no other game or gaming device.
The Minimum Town Center Special Use Permit Requirements for this use include:
a. Special Use Permit is required for any new gaming establishment.
A Special Use Permit has been requested for this use.
b. May not locate within 330 feet of any single-family detached dwelling.
FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Staff Report Page Six
August 9, 2016 - Planning Commission Meeting

The site meets all distance separation requirements for the proposed use.
Staff recommends denial of the request because the requested building orientation and perimeter
landscape waivers associated with the companion Site Development Plan Review indicates that
the site is not physically suitable for the type and intensity of the proposed land use.
A Special Use Permit is required for the proposed Car Wash, Full Service or Auto Detailing use
within the SC-TC (Service Commercial Town Center) land use designation.
Car Wash, Full Service or Auto Detailing 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 Minimum Special Use Permit Requirements for this use include:
1. Each wash bay shall have a stacking lane that will accommodate at least six cars.
The wash bay has minimum stacking for six cars as required.
Staff recommends denial of the request because the requested building orientation and perimeter
landscape waivers associated with the companion Site Development Plan Review indicates that
the site is not physically suitable for the type and intensity of the proposed land use
An Auto Smog Check is a conditional use within the SC-TC (Service Commercial Town
Center) land use; however, a Special Use Permit is required as the proposal does not comply
with all conditional use requirements.
Auto Smog Check is defined as A facility for the testing of vehicle emissions.
The Minimum Town Center Special Use Permit Requirements for this use include:
1. All service shall be performed within a completely enclosed structure.
The site plan and elevations depict a smog check kiosk with an open air check area. The
proposal is not in compliance with this requirement.
2. If conducted as an accessory use of a Service Station or an Auto Repair (Major or
Minor), the facility shall be designed to be architecturally compatible with the primary
building on the site.
The smog check is not part of a Service Station or Auto Repair facility.
3. When operated as a primary use, no other automobile repair shall be permitted in
conjunction with the facility.
FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Staff Report Page Seven
August 9, 2016 - Planning Commission Meeting

The smog check will be ancillary to the convenience store use.


4. No required parking spaces shall be used or eliminated to provide the facility.
Required parking spaces have not been used or eliminated.
5. Any permanent structure shall have a Site Development Plan Review, per LVMC
19.16.100.
The permanent smog kiosk being proposed is included with the companion Site
Development Plan Review.
6. Service bay doors shall not face public right of way and shall remain closed except to
allow the entry or exit of vehicles.
No service bays are proposed with the smog check facility.
Staff recommends denial of the request because the proposed smog check does not meet the
Town Center standard of performing all service within a completely enclosed building.
FINDINGS (SUP-65414)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
1.

The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
The proposed Beer/Wine/Cooler Off-sale use can be conducted in a manner that is
harmonious and compatible with existing surrounding land uses as projected by the
general plan.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The requested waivers with the associated Site Development Plan Review indicate that the
site is not physically suitable for the type and intensity of the proposed land use.

3.

Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
Durango Drive and El Capitan Way are adequate in size to meet the requirements of the
proposed use.
FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Staff Report Page Eight
August 9, 2016 - 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 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.

5.

The use meets all of the applicable conditions per Title 19.12.
The use meets all applicable conditions of the Town Center Development Standards and
Title 19.12.

FINDINGS (SUP-65415)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
1.

The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
The proposed Convenience Store (With Fuel Pumps) use can be conducted in a manner
that is harmonious and compatible with existing surrounding land uses as projected by the
general plan.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The requested waivers with the associated Site Development Plan Review indicate that the
site is not physically suitable for the type and intensity of the proposed land use

3.

Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
Durango Drive and El Capitan Way are adequate in size to meet the requirements of the
proposed use.

4.

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

FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Staff Report Page Nine
August 9, 2016 - Planning Commission Meeting

5.

The use meets all of the applicable conditions per Title 19.12.
The use meets all applicable conditions of the Town Center Development Standards and
Title 19.12.

FINDINGS (SUP-65416)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
1.

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

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The requested waivers with the associated Site Development Plan Review indicate that the
site is not physically suitable for the type and intensity of the proposed land use.

3.

Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
Durango Drive and El Capitan Way are adequate in size to meet the requirements of the
proposed use.

4.

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

5.

The use meets all of the applicable conditions per Title 19.12.
The use meets all applicable conditions of the Town Center Development Standards and
Title 19.12.

FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Staff Report Page Ten
August 9, 2016 - Planning Commission Meeting

FINDINGS (SUP-65417)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
1.

The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
The proposed Car Wash, Full Service or Auto Detailing use can be conducted in a manner
that is harmonious and compatible with existing surrounding land uses as projected by the
general plan.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The requested waivers with the associated Site Development Plan Review indicate that the
site is not physically suitable for the type and intensity of the proposed land use.

3.

Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
Durango Drive and El Capitan Way are adequate in size to meet the requirements of the
proposed use.

4.

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

5.

The use meets all of the applicable conditions per Title 19.12.
The use meets all applicable conditions of the Town Center Development Standards and
Title 19.12.

FINDINGS (SUP-65418)
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:

FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Staff Report Page Eleven
August 9, 2016 - Planning Commission Meeting

1.

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

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The requested waivers with the associated Site Development Plan Review indicate that the
site is not physically suitable for the type and intensity of the proposed land use. In
addition, the testing will not be taking place within an enclosed building as required by the
Town Center Conditional Use requirements for this use.

3.

Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
Durango Drive and El Capitan Way are adequate in size to meet the requirements of the
proposed use.

4.

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

5.

The use meets all of the applicable conditions per Title 19.12.
The use meets all applicable conditions of the Town Center Development Standards and
Title 19.12.

FINDINGS (SDR-65550)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E) the
Planning Commission and/or City Council must affirm the following:
1.

The proposed development is compatible with adjacent development and


development in the area;
Due to the lack of perimeter landscape buffering along the east property line, the proposed
development is not compatible with the adjacent development or development within the
Town Center plan area.
FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Staff Report Page Twelve
August 9, 2016 - Planning Commission Meeting

2.

3.

The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other dulyadopted city plans, policies and standards;
The proposal is not consistent with the required perimeter landscape requirements of the
Town Center Development Standards Manual.
Site access and circulation do not negatively impact adjacent roadways or
neighborhood traffic;
The site access and circulation does not negativity impact adjacent roadways or
neighborhood traffic.

4.

Building and landscape materials are appropriate for the area and for the City;
The building and landscape materials are appropriate for the area and city; however, a
perimeter landscape waiver has been requested which indicates that the quantity of
provided landscaping does not meet the minimum Town Center design criteria.

5.

Building elevations, design characteristics and other architectural and aesthetic


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

6.

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

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The Board of City Commissioners approved an Annexation (A-0003-64) of
approximately 5,000 acres generally located north of Lone Mountain Road
05/12/64
and west of Decatur Boulevard.

FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Staff Report Page Thirteen
August 9, 2016 - Planning Commission Meeting

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


The City Council approved a request for a Rezoning (Z-0076-98) to T-C
(Town Center) on 1,468 acres located within the Northwest General Plan
12/07/98
Amendment to the City of Las Vegas General Plan, including the subject site.
The Planning Commission and staff recommended approval.
The Planning Commission accepted the applicants request to withdraw
without prejudice a request for a Special Use Permit (SUP-20500) for a
04/26/07
Restaurant with Drive-Through use on the subject site.
Staff had
recommended approval.
The City Council approved a request for Special Use Permits for Building and
Landscape Material/Lumber Yard (SUP-20497), Outdoor Storage, Accessory
07/11/07
(SUP-20498), and Restaurant with Drive-Through (SUP-20499) on the
subject site. The Planning Commission and staff recommended approval.
The City Council approved a request for a Site Development Plan Review
(SDR-20496) for a proposed 269,860 square foot commercial center and
waivers of the Town Center Development Standards for landscape buffer
07/11/07
requirements and fast food restaurant uses on the subject site. The Planning
Commission and staff recommended approval.
Planning and Development Department staff approved a Minor Site
Development Plan Review of the overall shopping center site for reduction of
11/30/07
floor area of the Fast Food A building from 2,650 square feet to 2,407
square feet.
Code Enforcement responded to a complaint regarding graffiti on the subject
07/22/08
site. Code Enforcement resolved the case 07/25/08.
Planning and Development Department staff approved a Minor Site
Development Plan Review of the overall shopping center site for revisions in
07/31/08
the elevations for the Major A building and Buildings A through G. There
were no major changes in height or materials.
The City Council approved a request for a Major Modification (MOD-28538)
of the Town Center Land Use Plan to amend the land use designation from
SC-TC (Service Commercial - Town Center) to GC-TC (General Commercial
09/17/08
- Town Center) on 7.97 acres at the southwest corner of Durango Drive and
Farm Road. The Planning Commission recommended approval; staff
recommended denial.
The Planning Commission approved a Waiver (WVR-33758) of the Town
Center Development Standards to allow no amenity zone along Durango
04/23/09
Drive where a 2.5-foot amenity zone was required. Staff recommended
denial.
A Final Map (FMP-27577) for a one-lot commercial subdivision (Carolines
06/19/09
Court) was recorded.

FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Staff Report Page Fourteen
August 9, 2016 - Planning Commission Meeting
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The Planning Commission approved a request for a Master Sign Plan (MSP34174) for a proposed commercial development on the subject site, with
waivers of the Town Center Sign Standards to allow 2,609 square feet of
freestanding signage where 1,506 square feet is allowed, a 100-foot pylon
06/25/09
sign where 24 feet is allowed, three monument signs along the El Capitan
Way street frontage where two are allowed, and to allow wall signs to face an
existing residential development that is located outside of the city limits of the
Centennial Hills Town Center where such is not permitted.
Staff
recommended denial.
The City Council approved Extensions of Time for previously approved
requests for Special Use Permits for Building and Landscape
Material/Lumber Yard (EOT-34757), Outdoor Storage, Accessory (EOT07/15/09
34759), and Restaurant with Drive-Through (EOT-34761) uses on the subject
site. The approvals will expire 07/11/10 unless another Extension of Time is
approved by the City Council. Staff recommended approval.
The City Council approved an Extension of Time (EOT-34762) for a
previously approved request for a Site Development Plan Review (SDR20496) for a proposed 296,860 square foot commercial center and waivers of
07/15/09
the Town Center Development Standards for landscape buffer requirements
on the subject site. Staff recommended approval.
Planning and Development Department staff approved a Minor Site
Development Plan Review on the overall shopping center site for reduction in
09/21/09
overall floor area from 269,734 square feet to 269,212 square feet and to
revise the landscape plan to incorporate a drainage channel.
Planning and Development Department staff approved a Minor Site
Development Plan Review on the overall shopping center site for reduction in
10/07/09
overall floor area from 269,212 square feet to 264,189 square feet and to
remove the drainage channel along the east perimeter of the site.
The City Council approved a Special Use Permit (SUP-36111) for a proposed
2,155 square-foot Restaurant with Drive-Through and a Variance (VAR12/02/09
36338) to allow no loading spaces on Pad G where one loading space is
required at 7737 North El Capitan Way.
The City Council approved (ROC-36456) to review Condition Number 21 of
12/02/09
a Site Development Plan Review (SDR-20496) to amend restrictions on hours
of operation on the site.
Planning Staff approved an administrative Site Development Plan Review
08/25/10
(SDR-39249) for a three story clock tower.
The Planning Commission will consider a Special Use Permit (SUP-64857)
and Site Development Plan Review (SDR-64859) for a 69,200 square-foot
08/02/16
mini-storage facility. Staff recommends approval.
The Planning Commission voted (7-0) to hold SUP-65414, SUP-65415. SUP08/09/16
65416, SUP-65417, SUP-65418 and SDR-65550 in abeyance to the 09/13/16
Planning Commission meeting at the request of the applicant.
FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Staff Report Page Fifteen
August 9, 2016 - Planning Commission Meeting

Most Recent Change of Ownership


06/04/16
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (Hanson 25179) was issued for a 39-foot tall clock tower at
10/23/08
7741 North El Capitan Way.

Pre-Application Meeting
General submittal items were discussed and the applicant acknowledged the
need for a building orientation waiver; an exception for parking lot
05/03/16
landscaping; five separate Special Use Permits; a Site Development Plan
Review.

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

Field Check
06/30/16

A field check verified an empty pad site within a commercial shopping center.
A clock tower is located within the southeastern portion of the site.

Details of Application Request


Site Area
Net Acres
1.03

Surrounding
Property

Existing Land Use


Per Title 19.12

Subject Property

Undeveloped

North

General Retail

South

Undeveloped

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

Existing Zoning District


T-C (Town Center)

T-C (Town Center)

T-C (Town Center)

FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Staff Report Page Sixteen
August 9, 2016 - Planning Commission Meeting

Surrounding
Property

Existing Land Use


Per Title 19.12

East

General Retail

West

General Retail

Planned or Special
Land Use Designation
SC-TC (Service
Commercial-Town
Center)
SC-TC (Service
Commercial-Town
Center)

Existing Zoning District


T-C (Town Center)

T-C (Town Center)

Master Plan Areas


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

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

The subject site does not meet the perimeter landscape buffer requirements of the Town Center
Development Standards Manual. The Multi-Use Transportation Trail required along the west
side of El Captain Way was installed with a prior project.

DEVELOPMENT STANDARDS
Pursuant to Town Center Development Standards Manual, the following standards apply:
Standard
Required/Allowed
Provided
Compliance
Min. Setbacks
x Front
15 Feet
170 Feet
Y
x Side
10 Feet
Y
90 Feet
x Corner
15 Feet
Y
20 Feet
20 Feet
36 Feet
Y
x Rear
Max. Building Height
2 stories
1 story
Y
Screened, Gated,
w/ a Roof or
Trash Enclosure
Screened, Gated, w/ a
Y
Trellis
Roof or Trellis
Mech. Equipment
Screened
Screened
Y
There is an existing screened trash enclosure to the north of the subject site, and no other
enclosures are proposed. All mechanical equipment will be screen per Town Center standards.
FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Staff Report Page Seventeen
August 9, 2016 - Planning Commission Meeting

Pursuant to Town Center Development Standards Manual, the following standards apply:
Landscaping and Open Space Standards
Required
Provided
Compliance
Standards
Ratio
Trees
Buffer Trees:
Y
x South
1 Tree / 35 Linear Feet
5 Trees
8 Trees
Y
1 Tree / 35 Linear Feet
3 Trees
4 Trees
x East
TOTAL PERIMETER TREES
1 Tree / 6 Uncovered
Parking Area Trees
Spaces, plus 1 tree at the
end of each row of spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
x South
15 Feet
x East
15 Feet

8 Trees

12 Trees

5 Trees

6 Trees

20 Feet
2 Feet

Y
N

The Town Center Development Standards require a 15-foot landscaped amenity zone between
the right-of-way and the proposed use within the SC-TC (Service Commercial Town Center)
designation. The required 15-foot landscape buffer area is not provided along the east property
line and a waiver has been requested to provide relief from this requirement. The landscape plan
does not indicate the buffer area trees along the south property line, but a site visit and aerial
images indicate that the required landscape is existing and in place as required.

Street Name

Functional
Classification of
Street(s)

El Capitan Way

Town Center
Arterial

Durango Drive

Parkway Arterial

Governing Document
Town Center
Development Standards
Manual
Town Center
Development Standards
Manual and Master Plan
of Streets and Highways

Actual
Street Width
(Feet)

Compliance
with Street
Section

80

120

FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Staff Report Page Eighteen
August 9, 2016 - Planning Commission Meeting

Streetscape Standards
Parkway Arterial

Arterial

Required
9.6-foot detached
sidewalk and 5-foot
amenity zone
5-foot detached sidewalk
with a 2.6-foot amenity
zone

Provided
10-foot detached
sidewalk and 5-foot
amenity zone
10-foot detached
sidewalk and 5-foot
amenity zone

Compliance
Y

The existing streetscape improvements were installed with a previous project.

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Parking
Parking
Use
Parking
HandiHandiGross Floor
Ratio
Regular
Regular
capped
capped
Area
Convenience
1 space per
Store with
3,750 sf
250 Gross
15
Fuel Pumps
Floor Area
One space
per 150 feet
Carwash, Full
of gross
Service or
floor area
2,310 sf
16
Auto
and 6 car
Detailing
stacking
lane
1 space
Auto Smog
independent
N/A
1
Check
of stacking
lanes
32
28
Y
TOTAL SPACES REQUIRED
2
2
Y
Regular and Handicap Spaces Required
Loading
6,060 sf
1
1
1
Y
Spaces
The subject site is a part of a larger commercial subdivision which allows for reciprocal parking.
The proposal does not increase the overall amount of parking required for the existing shopping
center. The original site plan indicates a total of 1,137 parking spaces provided where 1,081
were required.

FS

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 [PRJ-64494]


Staff Report Page Nineteen
August 9, 2016 - Planning Commission Meeting

Waivers
Requirement

15-foot landscaped buffer

Request
Waiver to allow twofoot of landscape buffer
for a portion of the east
property line where 15
feet is required.

Staff Recommendation

Denial

FS

A 7 7 A

A 7 7 A b A 7

SUP-65414

b 7

A 7 7

7 7 7 A 77 b 7 b A 7
7A 7 A A
7 7 A 7 7A A

77777- 777 777 777b 7b 7


7b 77777777777 7
7 7777 77777 77
7 777 77

b b b
7777 7 7777 7 77b 7 7
A A
7 7 77

b 7

77
7

7-

77 77

7 777777

b 7

7 7 777b 77

A 7

AbA

A
A A

A b A 77 7
A 7 7 b 7 b 7 A 7 b A A
A 7 7 7 A 7 7A 7 b A A 7 A
7 7 b 7 b 7 A 77b A 7 A 7 7 7 A

A 7 77 7777 7 7 7
7 77

b 7 77 b 7

b 7 7 7 7 7
7A 77

77
7 b

7A 7

A 7

7 7 A 77b 7

b 7 b A 7

A 7 7 7 7 77

b 7 7A 7

7b A 7

7A
A b A 7 A 7 7b 7

b 7 A 7 A

A 7 77 7A A b 7

b 7A 7 A 7

7 7

7A 7 A A b
A 7 b A 7 7

b 7 A 7

A 7 7 7b A 7 77

7 7

b 7 A 7 A 7

7 7

7A 7 A A b
7777 777777 7 7 7777777777 7- 7777777b 7777
77 777777 77 77 777777777777 77 77

777777777777

77 -77 77777 77

7 77

7 A 7 7

A 777 777777 77 77

b
7

7 777

SUP-65414

77 77

7 77

77

b 7

AA 7

7 7

AbA
77

A 7
A77A77

77 777 7 77

7
7 7 7 7 7
7 77
7 7

777

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 - REVISED

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 - REVISED

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 - REVISED

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 - REVISED

A 7
7

7
 7

7
b A

7 7 A
b A 7A 7b

A
7

7 A A

A7A

b b
b A 7 7

A
7

7 7A 7


7

b A7777

7A A
A

7b A

7


7 A A 7

7 

b b 7

7A A
A

7b A

A 7

A
7

b A777

7
bb7

A7

A77b7

77

7
b
b77

A7
A

b A777

7

b b

7 

b A777

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 - REVISED

7 7A 7

b b

7  7b A 7 7A 7

7 Ab 7A 7A 7

A 7A 7

7 7 A
b A 7A 7b

77
7777777b
77
777777777777777777777777777

7A

7 7 A
b A 7A 7b

7b
7A7A77bAA
7A7

7 

b b 7

b b
A 7 7

7 

b b 7

A 7

A7A 7

b b
A 7

b A7777

A
7

7


7
b A

77 77A

b b

A
7

A 7

b b

A
7

7
bb7

A7

A77b7

77

7
b
b77

A7
A

b A777

b A777

7


b A 7

7 A A

b A777

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550 - REVISED

7 A7A 7

7
 7

7 A A

 77 A
7

7 7 A
b A 7A 7b

7  7b A 7 A 7A 7

7 7 7A 7

A A7A 7

A 7 A
A

7


7

b b

7 A A

7 A A

77
7777777b
77
777777777777777777777777777

7A

A
7

7b
7A7A77bAA
7A7

bb7

b
b77

A7

A7
A

A77b7

SUP-65414, SUP-65415, SUP-65416, SUP-65417, SUP-65418 and SDR-65550

E7A

77

7b
7A7A77bAA
7A7

SUP-65414 [PRJ-64494] SPECIAL USE PERMIT RELATED TO SUP-65415, SUP-65416, SUP-65417,


SUP-65418 AND SDR-65550 - APPLICANT: D F DURANGO, LLC - OWNER: DURANGO I-95, LLC
SOUTHWEST CORNER OF DURANGO DRIVE AND EL CAPITAN WAY
06/30/16

SUP-65414 [PRJ-64494] SPECIAL USE PERMIT RELATED TO SUP-65415, SUP-65416, SUP-65417,


SUP-65418 AND SDR-65550 - APPLICANT: D F DURANGO, LLC - OWNER: DURANGO I-95, LLC
SOUTHWEST CORNER OF DURANGO DRIVE AND EL CAPITAN WAY
06/30/16

SUP-65414 [PRJ-64494] SPECIAL USE PERMIT RELATED TO SUP-65415, SUP-65416, SUP-65417,


SUP-65418 AND SDR-65550 - APPLICANT: D F DURANGO, LLC - OWNER: DURANGO I-95, LLC
SOUTHWEST CORNER OF DURANGO DRIVE AND EL CAPITAN WAY
06/30/16

SUP-65414 [PRJ-64494] SPECIAL USE PERMIT RELATED TO SUP-65415, SUP-65416, SUP-65417,


SUP-65418 AND SDR-65550 - APPLICANT: D F DURANGO, LLC - OWNER: DURANGO I-95, LLC
SOUTHWEST CORNER OF DURANGO DRIVE AND EL CAPITAN WAY
06/30/16

SUP-65414 [PRJ-64494] SPECIAL USE PERMIT RELATED TO SUP-65415, SUP-65416, SUP-65417,


SUP-65418 AND SDR-65550 - APPLICANT: D F DURANGO, LLC - OWNER: DURANGO I-95, LLC
SOUTHWEST CORNER OF DURANGO DRIVE AND EL CAPITAN WAY
06/30/16

77

b777
7
777
7777

77b77b7b777b
A77

77777)7777777A
7777777777777777
77

7777b
7777777777777777
7777777777777777777
77777777077777777)77
777777777777777777777
77 77b77777777777777
77777777b777077b77A77
7b7777777777777777
77777777777777
777777777777777777777
77777777A777Ab777777
7777777777777777777
7777)7777777777
7777

bA77

77AA77A
7

7777

SUP-65414, SUP-65415, SUP-65416, SUP-65417,


SUP-65418 and SDR-65550

Agenda Item No.: 59.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - SUP-65415 - SPECIAL USE PERMIT RELATED TO SUP-65414 - PUBLIC
HEARING - APPLICANT: D F DURANGO, LLC - OWNER: DURANGO I-95, LLC - For
possible action on a request for a Special Use Permit FOR A PROPOSED 6,278 SQUAREFOOT CONVENIENCE STORE (WITH FUEL PUMPS) on the southwest corner of Durango
Drive and El Capitan Way (APN 125-17-612-012), T-C (Town Center) Zone [SC-TC (Service
Commercial - Town Center) Special Land Use Designation], Ward 6 (Ross) [PRJ-64494]. Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

A 7 7 A

A 7 7 A b A 7

SUP-65415

b 7

A 7 7

7 7 7 A 77 b 7 b A 7
7A 7 A A
7 7 A 7 7A A

77777- 777 777 777b 7b 7


7b 77777777777 7
7 7777 77777 77
7 777 77

b b b
7777 7 7777 7 77b 7 7
A A
7 7 77

b 7

77
7

7-

77 77

7 777777

b 7

7 7 777b 77

A 7

AbA

A
A A

A b A 77 7
A 7 7 b 7 b 7 A 7 b A A
A 7 7 7 A 7 7A 7 b A A 7 A
7 7 b 7 b 7 A 77b A 7 A 7 7 7 A

A 7 77 7777 7 7 7
7 77

b 7 77 b 7

b 7 7 7 7 7
7A 77

77
7 b

7A 7

A 7

7 7 A 77b 7

b 7 b A 7

A 7 7 7 7 77

b 7 7A 7

7b A 7

7A
A b A 7 A 7 7b 7

b 7 A 7 A

A 7 77 7A A b 7

b 7A 7 A 7

7 7

7A 7 A A b
A 7 b A 7 7

b 7 A 7

A 7 7 7b A 7 77

7 7

b 7 A 7 A 7

7 7

7A 7 A A b
7777 777777 7 7 7777777777 7- 7777777b 7777
77 777777 77 77 777777777777 77 77

777777777777

77 -77 77777 77

7 77

7 A 7 7

A 777 777777 77 77

b
7

7 777

SUP-65415

77 77

7 77

77

b 7

AA 7

7 7

AbA
77

A 7
A77A77

77 777 7 77

7
7 7 7 7 7
7 77
7 7

777

Agenda Item No.: 60.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - SUP-65416 - SPECIAL USE PERMIT RELATED TO SUP-65414 AND SUP65415 - PUBLIC HEARING - APPLICANT: D F DURANGO, LLC - OWNER: DURANGO I95, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED
GAMING ESTABLISHMENT, RESTRICTED LICENSE IN A PROPOSED 6,278 SQUAREFOOT CONVENIENCE STORE (WITH FUEL PUMPS) on the southwest corner of Durango
Drive and El Capitan Way (APN 125-17-612-012), T-C (Town Center) Zone [SC-TC (Service
Commercial - Town Center) Special Land Use Designation], Ward 6 (Ross) [PRJ-64494]. Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

10

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Special Map
3. Supporting Documentation
4. Protest Comment Forms for SUP-65416 and Protest/Support Postcards for SUP-65416 and
SUP-65417 [PRJ-64494]

Consistent with the Citys


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

A 7 7 A

A 7 7 A b A 7

SUP-65416

b 7

A 7 7

7 7 7 A 77 b 7 b A 7
7A 7 A A
7 7 A 7 7A A

77777- 777 777 777b 7b 7


7b 77777777777 7
7 7777 77777 77
7 777 77

b b b
7777 7 7777 7 77b 7 7
A A
7 7 77

b 7

77
7

7-

77 77

7 777777

b 7

7 7 777b 77

A 7

AbA

A
A A

A b A 77 7
A 7 7 b 7 b 7 A 7 b A A
A 7 7 7 A 7 7A 7 b A A 7 A
7 7 b 7 b 7 A 77b A 7 A 7 7 7 A

A 7 77 7777 7 7 7
7 77

b 7 77 b 7

b 7 7 7 7 7
7A 77

77
7 b

7A 7

A 7

7 7 A 77b 7

b 7 b A 7

A 7 7 7 7 77

b 7 7A 7

7b A 7

7A
A b A 7 A 7 7b 7

b 7 A 7 A

A 7 77 7A A b 7

b 7A 7 A 7

7 7

7A 7 A A b
A 7 b A 7 7

b 7 A 7

A 7 7 7b A 7 77

7 7

b 7 A 7 A 7

7 7

7A 7 A A b
7777 777777 7 7 7777777777 7- 7777777b 7777
77 777777 77 77 777777777777 77 77

777777777777

77 -77 77777 77

7 77

7 A 7 7

A 777 777777 77 77

b
7

7 777

SUP-65416

77 77

7 77

77

b 7

AA 7

7 7

AbA
77

A 7
A77A77

77 777 7 77

7
7 7 7 7 7
7 77
7 7

777

Agenda Item No.: 61.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - SUP-65417 - SPECIAL USE PERMIT RELATED TO SUP-65414, SUP-65415
AND SUP-65416 - PUBLIC HEARING - APPLICANT: D F DURANGO, LLC - OWNER:
DURANGO I-95, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED CAR WASH, FULL SERVICE OR AUTO DETAILING IN CONJUNCTION
WITH A PROPOSED 6,278 SQUARE-FOOT CONVENIENCE STORE (WITH FUEL
PUMPS) WITH A WAIVER TO ALLOW SERVICE BAY DOORS TO FRONT A RIGHT-OFWAY WHERE SUCH IS NOT ALLOWED on the southwest corner of Durango Drive and El
Capitan Way (APN 125-17-612-012), T-C (Town Center) Zone [SC-TC (Service Commercial Town Center) Special Land Use Designation], Ward 6 (Ross) [PRJ-64494]. Staff recommends
DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

10

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

A 7 7 A

A 7 7 A b A 7

SUP-65417

b 7

A 7 7

7 7 7 A 77 b 7 b A 7
7A 7 A A
7 7 A 7 7A A

77777- 777 777 777b 7b 7


7b 77777777777 7
7 7777 77777 77
7 777 77

b b b
7777 7 7777 7 77b 7 7
A A
7 7 77

b 7

77
7

7-

77 77

7 777777

b 7

7 7 777b 77

A 7

AbA

A
A A

A b A 77 7
A 7 7 b 7 b 7 A 7 b A A
A 7 7 7 A 7 7A 7 b A A 7 A
7 7 b 7 b 7 A 77b A 7 A 7 7 7 A

A 7 77 7777 7 7 7
7 77

b 7 77 b 7

b 7 7 7 7 7
7A 77

77
7 b

7A 7

A 7

7 7 A 77b 7

b 7 b A 7

A 7 7 7 7 77

b 7 7A 7

7b A 7

7A
A b A 7 A 7 7b 7

b 7 A 7 A

A 7 77 7A A b 7

b 7A 7 A 7

7 7

7A 7 A A b
A 7 b A 7 7

b 7 A 7

A 7 7 7b A 7 77

7 7

b 7 A 7 A 7

7 7

7A 7 A A b
7777 777777 7 7 7777777777 7- 7777777b 7777
77 777777 77 77 777777777777 77 77

777777777777

77 -77 77777 77

7 77

7 A 7 7

A 777 777777 77 77

b
7

7 777

SUP-65417

77 77

7 77

77

b 7

AA 7

7 7

AbA
77

A 7
A77A77

77 777 7 77

7
7 7 7 7 7
7 77
7 7

777

Agenda Item No.: 62.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - SUP-65418 - SPECIAL USE PERMIT RELATED TO SUP-65414, SUP-65415,
SUP-65416 AND SUP-65417 - PUBLIC HEARING - APPLICANT: D F DURANGO, LLC OWNER: DURANGO I-95, LLC - For possible action on a request for a Special Use Permit
FOR A PROPOSED AUTO SMOG CHECK IN CONJUNCTION WITH A PROPOSED 6,278
SQUARE-FOOT CONVENIENCE STORE (WITH FUEL PUMPS) on the northwest corner of
Durango Drive and El Capitan Way (APN 125-17-612-012), T-C (Town Center) Zone [SC-TC
(Service Commercial - Town Center) Special Land Use Designation], Ward 6 (Ross) [PRJ64494]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

11

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest Comment Forms for SUP-65418 and Protest/Support Postcards for SUP-65418 and
SDR-65550 [PRJ-64494]

Consistent with the Citys


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

A 7 7 A

A 7 7 A b A 7

SUP-65418

b 7

A 7 7

7 7 7 A 77 b 7 b A 7
7A 7 A A
7 7 A 7 7A A

77777- 777 777 777b 7b 7


7b 77777777777 7
7 7777 77777 77
7 777 77

b b b
7777 7 7777 7 77b 7 7
A A
7 7 77

b 7

77
7

7-

77 77

7 777777

b 7

7 7 777b 77

A 7

AbA

A
A A

A b A 77 7
A 7 7 b 7 b 7 A 7 b A A
A 7 7 7 A 7 7A 7 b A A 7 A
7 7 b 7 b 7 A 77b A 7 A 7 7 7 A

A 7 77 7777 7 7 7
7 77

b 7 77 b 7

b 7 7 7 7 7
7A 77

77
7 b

7A 7

A 7

7 7 A 77b 7

b 7 b A 7

A 7 7 7 7 77

b 7 7A 7

7b A 7

7A
A b A 7 A 7 7b 7

b 7 A 7 A

A 7 77 7A A b 7

b 7A 7 A 7

7 7

7A 7 A A b
A 7 b A 7 7

b 7 A 7

A 7 7 7b A 7 77

7 7

b 7 A 7 A 7

7 7

7A 7 A A b
7777 777777 7 7 7777777777 7- 7777777b 7777
77 777777 77 77 777777777777 77 77

777777777777

77 -77 77777 77

7 77

7 A 7 7

A 777 777777 77 77

b
7

7 777

SUP-65418

77 77

7 77

77

b 7

AA 7

7 7

AbA
77

A 7
A77A77

77 777 7 77

7
7 7 7 7 7
7 77
7 7

777

Agenda Item No.: 63.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - SDR-65550 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP65414, SUP-65415, SUP-65416, SUP-65417 AND SUP-65418 - PUBLIC HEARING APPLICANT: D F DURANGO, LLC - OWNER: DURANGO I-95, LLC - For possible action
on a request for a Major Amendment to a previously approved Site Plan (SDR-20496) FOR A
PROPOSED 6,278 SQUARE-FOOT CONVENIENCE STORE (WITH FUEL PUMPS) WITH
A CAR WASH, A WAIVER OF THE TOWN CENTER DEVELOPMENT STANDARDS
MANUAL AND TITLE 19.08 TO ALLOW A COMMERCIAL BUILDING TO BE LOCATED
AWAY FROM PUBLIC RIGHTS-OF-WAY AND A WAIVER FOR A REDUCTION OF
PERIMETER LANDSCAPING on 3.71 acres at the northwest corner of Durango Drive and El
Capitan Way (APN 125-17-214-012), T-C (Town Center) Zone [SC-TC (Service Commercial Town Center) Special Land Use Designation], Ward 6 (Ross) [PRJ-64494]. Staff recommends
DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

11

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

A 7 7 A

A 7 7 A b A 7

b 7

SDR-65550

A 7 7

7 7 7 A 77 b 7 b A 7
7A 7 A A
7 7 A 7 7A A

77777- 777 777 777b 7b 7


7b 77777777777 7
7 7777 77777 77
7 777 77

b b b
7777 7 7777 7 77b 7 7
A A
7 7 77

b 7

77
7

7-

77 77

7 777777

b 7

7 7 777b 77

A 7

AbA

A
A A

A b A 77 7
A 7 7 b 7 b 7 A 7 b A A
A 7 7 7 A 7 7A 7 b A A 7 A
7 7 b 7 b 7 A 77b A 7 A 7 7 7 A

A 7 77 7777 7 7 7
7 77

b 7 77 b 7

b 7 7 7 7 7
7A 77

77
7 b

7A 7

A 7

7 7 A 77b 7

b 7 b A 7

A 7 7 7 7 77

b 7 7A 7

7b A 7

7A
A b A 7 A 7 7b 7

b 7 A 7 A

A 7 77 7A A b 7

b 7A 7 A 7

7 7

7A 7 A A b
A 7 b A 7 7

b 7 A 7

A 7 7 7b A 7 77

7 7

b 7 A 7 A 7

7 7

7A 7 A A b
7777 777777 7 7 7777777777 7- 7777777b 7777
77 777777 77 77 777777777777 77 77

777777777777

77 -77 77777 77

7 77

7 A 7 7

A 777 777777 77 77

b
7

7 777

SDR-65550

77 77

7 77

77

b 7

AA 7

7 7

AbA
77

A 7
A77A77

77 777 7 77

7
7 7 7 7 7
7 77
7 7

777

Agenda Item No.: 64.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-65772 - VARIANCE - PUBLIC HEARING - APPLICANT: DR HORTON - OWNER:
TB-JACK, LLC - For possible action on a request for a Variance TO ALLOW A 10-FOOT
FRONT YARD SETBACK WHERE 25 FEET IS REQUIRED ON LOT 1 OF A PROPOSED
12-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION on 3.59 acres at 8425 La Mancha
Avenue (APN 125-29-808-009), R-D (Single Family Residential-Restricted), Ward 6 (Ross)
[PRJ-65552]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR65776, VAR-65778, VAR-65779, VAR-65780, VAR-65781, VAR-65782 and VAR-65777
[PRJ-65552]
2. Conditions and Staff Report - VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR65776, VAR-65778, VAR-65779, VAR-65780, VAR-65781, VAR-65782 and VAR-65777
[PRJ-65552]
3. Supporting Documentation - VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR65776, VAR-65778, VAR-65779, VAR-65780, VAR-65781, VAR-65782 and VAR-65777
[PRJ-65552]
4. Photo(s) - VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65778,
VAR-65779, VAR-65780, VAR-65781, VAR-65782 and VAR-65777 [PRJ-65552]
5. Justification Letter - VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776,
VAR-65778, VAR-65779, VAR-65780, VAR-65781, VAR-65782 and VAR-65777 [PRJ-65552]
6. Protest Postcards VAR-65772, VAR-65773 and VAR-65774 [PRJ-65552]

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65778, VAR-65779,


VAR-65780, VAR-65781, VAR-65782 and VAR-65777 [PRJ-65552]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: DR HORTON - OWNER: TB-JACK, LLC

** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-65772,
VAR-65773,
VAR-65774,
VAR-65775,
VAR-65776,
VAR-65778,
VAR-65779,
VAR-65780,
VAR-65781,
VAR-65782,
VAR-65777

RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:

REQUIRED FOR
APPROVAL
N/A

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

15

NOTICES MAILED

269 - VAR-65772, VAR-65773 and VAR-65774


269 VAR-65775, VAR-65776 and VAR-65778
269 VAR-65779, VAR-65780 and VAR-65781
269 VAR-65782 and VAR-65777

APPROVALS

0 - VAR-65772, VAR-65773 and VAR-65774


0 VAR-65775, VAR-65776 and VAR-65778
0 VAR-65779, VAR-65780 and VAR-65781
0 VAR-65782 and VAR-65777

PROTESTS

2 - VAR-65772, VAR-65773 and VAR-65774


3 VAR-65775, VAR-65776 and VAR-65778
3 VAR-65779, VAR-65780 and VAR-65781
4 VAR-65782 and VAR-65777
RG

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65778, VAR-65779,


VAR-65780, VAR-65781, VAR-65782 and VAR-65777 [PRJ-65552]
Conditions Page One
September 13, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-65772, VAR-65773, VAR-65774, VAR-65775,


VAR-65776, VAR-65778, VAR-65779, VAR-65780,
VAR-65781, VAR-65782 AND VAR-65777
CONDITIONS
Planning
1.

Conformance to the approved conditions for Variance (VAR-60941), Waiver (WVR60942) and Tentative Map (TMP-60944) shall be required.

2.

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

3.

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

4.

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

5.

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

RG

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65778, VAR-65779,


VAR-65780, VAR-65781, VAR-65782 and VAR-65777 [PRJ-65552]
Staff Report Page One
September 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting approval of 11 Variances to allow for reduced front yard setbacks for
11 lots. The Variances requested are part of the proposed 12-lot single-family, detached
residential subdivision on 3.59 acre undeveloped property located at the northwest corner of Ann
Road and Durango Drive.

ISSUES
x

Ten (10) Variances are required to allow for 10-foot front yard setback for each of the
proposed 10 lots (Lots 1, 2, 3, 4, 5, 7, 9, 10, 11, and 12), where 25 feet is required in the
R-D (Single Family Residential-Restricted) zoning district. Staff does not support these
requests.
One (1) Variance is required to allow for a 12-foot front yard setback for the proposed lot
6, where 25 feet is required in the R-D (Single Family Residential-Restricted) zoning
district. Staff does not support this request.

ANALYSIS
The subject site is an undeveloped 3.59 acre site and is located at the northwest corner of Ann
Road and Durango Drive, with an approved Tentative Map (TMP-60944) for a 12-lot residential
subdivision. A related Final Map technical review (FMP-64096) was reviewed on 04/25/16 and
was conditionally approved. The final map has not yet been recorded, and the subject property
was assigned with a Master Site Address at 8425 La Mancha Avenue.
The applicant has requested front yard setback variances for 11 lots. The justification letter
provided states that the market demand is for a single-story layout. They also indicate that the
single-story homes will have a reduced impact on the surrounding neighbors; thereby, providing
more privacy. The subject propertys R-D (Single Family Residential-Restricted) zoning district
has a front yard setback of 25 feet.
The applicant has proposed a single family dwelling which has a footprint that does not meet the
required front yard setback of 25 feet. The applicant has created a self-imposed hardship by
proposing home models that do not fit on the proposed lots. No evidence of a unique
circumstance has been presented; therefore, staff recommends denial of this request. If these
Variance applications are approved, they are subject to conditions.
RG

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65778, VAR-65779,


VAR-65780, VAR-65781, VAR-65782 and VAR-65777 [PRJ-65552]
Staff Report Page Two
September 13, 2016 - Planning Commission Meeting

FINDINGS (VAR-65772 through VAR-65782)


In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council,
in considering the merits of a Variance request, shall not grant a Variance in order to:
1.
2.
3.

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
as to relieve the difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected natural resources
and without substantially impairing the intent and purpose of any ordinance or
resolution.
No evidence of a unique or extraordinary circumstance has been presented, in that the applicant
has created a self-imposed hardship by proposing home models that do not fit on the proposed
lots. An alternative would be to offer homes with a smaller footprint that would allow
conformance to the Title 19 requirements. In view of the absence of any hardships imposed by
the sites physical characteristics, it is concluded that the applicants hardship is preferential in
nature, and it is thereby outside the realm of NRS Chapter 278 for granting of Variances.

BACKGROUND INFORMATION

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


The City Council approved an Annexation (A-0019-00) for 3.95 undeveloped
11/16/00
acres located on the northwest corner of Ann Road and Durango Drive.
The City Council approved a Rezoning (ZON-52100) from: U (Undeveloped)
[R (Rural Density Residential) General Plan Designation] to: R-D (Single
02/19/14
Family Residential, Restricted) on 3.95 acres at the northwest corner of Ann
Road and Durango Drive. The Planning Commission and staff recommended
approval.

RG

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65778, VAR-65779,


VAR-65780, VAR-65781, VAR-65782 and VAR-65777 [PRJ-65552]
Staff Report Page Three
September 13, 2016 - Planning Commission Meeting

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


The City Council approved a Variance (VAR-60941) to allow a 42-foot wide
private street where 47 feet is required, to install sidewalks on one side of the
street where both sides are required and to install no gate on a private street
where such is required on 3.95 acres at the northwest corner of Ann Road and
Durango Drive. The Planning Commission recommended approval and staff
recommended denial.
The City Council approved a Waiver (WVR-60942) to allow a 210-foot
external intersection offset where 220 feet is the minimum distance separation
is required and to install no streetlights on 3.95 acres on the northwest corner
of Ann Road and Durango Drive. The Planning Commission and staff
11/18/15
recommended approval.
The City Council approved a Vacation (VAC-609643) to vacate U.S.
Government Patent Easements generally located on the northwest corner of
Ann Road and Durango Drive. The Planning Commission and staff
recommended approval.
The City Council approved a Tentative Map (TMP-60944) for a 12-lot singlefamily residential subdivision on 3.95 acres on the northwest corner of Ann
Road and Durango Drive. The Planning Commission recommended approval
and staff recommended denial.
A Final Map (TMP-64096) was processed for a technical review for a 12-lot
04/05/16
single-family residential subdivision on 3.98 acres on the northwest corner of
Ann Road and Durango Drive. The Final Map has not yet recorded.
A Code Enforcement case (#168003) was processed for vehicle sales on a
06/20/16
vacant lot at 8425 La Mancha Avenue. The case was closed on 06/28/16 with
no vehicles and no refuse/waste.

Most Recent Change of Ownership


06/04/14
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no building permits associated with this property.

Pre-Application Meeting
A pre-application meeting was held and discussed the setback variances on
06/04/14
multiple lots.

RG

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65778, VAR-65779,


VAR-65780, VAR-65781, VAR-65782 and VAR-65777 [PRJ-65552]
Staff Report Page Four
September 13, 2016 - Planning Commission Meeting

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

Field Check
08/04/16

The subject property is undeveloped.

Details of Application Request


Site Area
Net Acres
3.59

Surrounding
Property

Existing Land Use


Per Title 19.12

Planned or Special
Land Use Designation
R (Rural Density
Residential)

Subject Property

Undeveloped

North

Single Family,
Detached

RL (Residential Low)
Clark County

South

Single Family,
Detached

RL (Residential Low)
Clark County

East

Single Family,
Detached

West

Single Family,
Detached

L (Low Density
Residential)
RNP (Rural
Neighborhood
Preservation) Clark
County

Existing Zoning District


R-D (Single-Family
Residential, Restricted)
R-E (Rural Estates
Residential District) Clark
County
RD (Suburban Estates
Residential District) Clark
County
R-D (Single-Family,
Restricted)
R-E (Rural Estates
Residential District) Clark
County

Master Plan Areas


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

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

RG

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65778, VAR-65779,


VAR-65780, VAR-65781, VAR-65782 and VAR-65777 [PRJ-65552]
Staff Report Page Five
September 13, 2016 - Planning Commission Meeting

DEVELOPMENT STANDARDS
Pursuant to Title 19.06, the following standards apply:
Standard
Required/Allowed
Min. Lot Size
10,000 SF
Min. Lot Width
80 Feet
Min. Setbacks (Lots 1, 2, 3, 4, 5, 7, 9, 10, 11
and 12)
x Front
25 Feet
x Side
5 Feet
x Corner
15 Feet
x Rear
30 Feet
*Variance (VAR-65772 through VAR-65782) has been applied.
Pursuant to Title 19.06, the following standards apply:
Standard
Required/Allowed
Min. Lot Size
10,000 SF
Min. Lot Width
80 Feet
Min. Setbacks (Lot 6)
x Front
25 Feet
x Side
5 Feet
x Corner
15 Feet
x Rear
30 Feet
*Variance (VAR-65777) has been applied.

Street Name
La Mancha Avenue

Functional
Classification of
Street(s)
Local Street

Governing Document
N/A

Provided
10,017 SF
80 Feet

Compliance
Y
Y

10 Feet
5 Feet
24 Feet
33 Feet

N*
Y
Y
Y

Provided
10,644 SF
80 Feet

Compliance
Y
Y

10 Feet
5 Feet
24 Feet
40 Feet

N*
Y
Y
Y

Actual
Street Width
(Feet)
60

Compliance
with Street
Section
N/A

RG

VAR-65772

VAR-65772

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65777,


VAR-65778, VAR-65779, VAR-65780, VAR-65781 and VAR-65782

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65777,


VAR-65778, VAR-65779, VAR-65780, VAR-65781 and VAR-65782

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65777,


VAR-65778, VAR-65779, VAR-65780, VAR-65781 and VAR-65782

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65777,


VAR-65778, VAR-65779, VAR-65780, VAR-65781 and VAR-65782

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65777,


VAR-65778, VAR-65779, VAR-65780, VAR-65781 and VAR-65782

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65777,


VAR-65778, VAR-65779, VAR-65780, VAR-65781 and VAR-65782

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65777,


VAR-65778, VAR-65779, VAR-65780, VAR-65781 and VAR-65782

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65777,


VAR-65778, VAR-65779, VAR-65780, VAR-65781 and VAR-65782

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65777,


VAR-65778, VAR-65779, VAR-65780, VAR-65781 and VAR-65782

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65777,


VAR-65778, VAR-65779, VAR-65780, VAR-65781 and VAR-65782

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65777,


VAR-65778, VAR-65779, VAR-65780, VAR-65781 and VAR-65782

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65777,


VAR-65778, VAR-65779, VAR-65780, VAR-65781 and VAR-65782

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65777,


VAR-65778, VAR-65779, VAR-65780, VAR-65781 and VAR-65782

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65777,


VAR-65778, VAR-65779, VAR-65780, VAR-65781 and VAR-65782

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65777,


VAR-65778, VAR-65779, VAR-65780, VAR-65781 and VAR-65782

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65778, VAR-65779, VAR-65780,


VAR-65781, VAR-65782 AND VAR-65777 [PRJ-65552] VARIANCE - APPLICANT: DR HORTON OWNER: TB-JACK, LLC
8425 LA MANCHA AVENUE
08/04/16

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65778, VAR-65779, VAR-65780,


VAR-65781, VAR-65782 AND VAR-65777 [PRJ-65552] VARIANCE - APPLICANT: DR HORTON OWNER: TB-JACK, LLC
8425 LA MANCHA AVENUE
08/04/16

VAR-65772, VAR-65773, VAR-65774, VAR-65775, VAR-65776, VAR-65777,


VAR-65778, VAR-65779, VAR-65780, VAR-65781 and VAR-65782

Agenda Item No.: 65.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-65773 - VARIANCE - PUBLIC HEARING - APPLICANT: DR HORTON - OWNER:
TB-JACK, LLC - For possible action on a request for a Variance TO ALLOW A 10-FOOT
FRONT YARD SETBACK WHERE 25 FEET IS REQUIRED ON LOT 2 OF A PROPOSED
12-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION on 3.59 acres at 8425 La Mancha
Avenue (APN 125-29-808-009), R-D (Single Family Residential-Restricted), Ward 6 (Ross)
[PRJ-65552]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

VAR-65773

VAR-65773

Agenda Item No.: 66.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-65774 - VARIANCE - PUBLIC HEARING - APPLICANT: DR HORTON - OWNER:
TB-JACK, LLC - For possible action on a request for a Variance TO ALLOW A 10-FOOT
FRONT YARD SETBACK WHERE 25 FEET IS REQUIRED ON LOT 3 OF A PROPOSED
12-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION on 3.59 acres at 8425 La Mancha
Avenue (APN 125-29-808-009), R-D (Single Family Residential-Restricted), Ward 6 (Ross)
[PRJ-65552]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

VAR-65774

VAR-65774

Agenda Item No.: 67.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-65775 - VARIANCE - PUBLIC HEARING - APPLICANT: DR HORTON - OWNER:
TB-JACK, LLC - For possible action on a request for a Variance TO ALLOW A 10-FOOT
FRONT YARD SETBACK WHERE 25 FEET IS REQUIRED ON LOT 4 OF A PROPOSED
12-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION on 3.59 acres at 8425 La Mancha
Avenue (APN 125-29-808-009), R-D (Single Family Residential-Restricted), Ward 6 (Ross)
[PRJ-65552]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest Postcards VAR-65775, VAR-65776 and VAR-65778 [PRJ-65552]

Consistent with the Citys


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

VAR-65775

VAR-65775

Agenda Item No.: 68.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-65776 - VARIANCE - PUBLIC HEARING - APPLICANT: DR HORTON - OWNER:
TB-JACK, LLC - For possible action on a request for a Variance TO ALLOW A 10-FOOT
FRONT YARD SETBACK WHERE 25 FEET IS REQUIRED ON LOT 5 OF A PROPOSED
12-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION on 3.59 acres at 8425 La Mancha
Avenue (APN 125-29-808-009), R-D (Single Family Residential-Restricted), Ward 6 (Ross)
[PRJ-65552]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

VAR-65776

VAR-65776

Agenda Item No.: 69.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-65778 - VARIANCE - PUBLIC HEARING - APPLICANT: DR HORTON - OWNER:
TB-JACK, LLC - For possible action on a request for a Variance TO ALLOW A 10-FOOT
FRONT YARD SETBACK WHERE 25 FEET IS REQUIRED ON LOT 7 OF A PROPOSED
12-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION on 3.59 acres at 8425 La Mancha
Avenue (APN 125-29-808-009), R-D (Single Family Residential-Restricted), Ward 6 (Ross)
[PRJ-65552]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

VAR-65778

VAR-65778

Agenda Item No.: 70.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-65779 - VARIANCE - PUBLIC HEARING - APPLICANT: DR HORTON - OWNER:
TB-JACK, LLC - For possible action on a request for a Variance TO ALLOW A 10-FOOT
FRONT YARD SETBACK WHERE 25 FEET IS REQUIRED ON LOT 9 OF A PROPOSED
12-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION on 3.59 acres at 8425 La Mancha
Avenue (APN 125-29-808-009), R-D (Single Family Residential-Restricted), Ward 6 (Ross)
[PRJ-65552]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest Postcards VAR-65779, VAR-65780 and VAR-65781 [PRJ-65552]

Consistent with the Citys


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

VAR-65779

VAR-65779

Agenda Item No.: 71.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-65780 - VARIANCE - PUBLIC HEARING - APPLICANT: DR HORTON - OWNER:
TB-JACK, LLC - For possible action on a request for a Variance TO ALLOW A 10-FOOT
FRONT YARD SETBACK WHERE 25 FEET IS REQUIRED ON LOT 10 OF A PROPOSED
12-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION on 3.59 acres at 8425 La Mancha
Avenue (APN 125-29-808-009), R-D (Single Family Residential-Restricted), Ward 6 (Ross)
[PRJ-65552]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

VAR-65780

VAR-65780

Agenda Item No.: 72.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-65781 - VARIANCE - PUBLIC HEARING - APPLICANT: DR HORTON - OWNER:
TB-JACK, LLC - For possible action on a request for a Variance TO ALLOW A 10-FOOT
FRONT YARD SETBACK WHERE 25 FEET IS REQUIRED ON LOT 11 OF A PROPOSED
12-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION on 3.59 acres at 8425 La Mancha
Avenue (APN 125-29-808-009), R-D (Single Family Residential-Restricted), Ward 6 (Ross)
[PRJ-65552]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

VAR-65781

VAR-65781

Agenda Item No.: 73.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-65782 - VARIANCE - PUBLIC HEARING - APPLICANT: DR HORTON - OWNER:
TB-JACK, LLC - For possible action on a request for a Variance TO ALLOW A 10-FOOT
FRONT YARD SETBACK WHERE 25 FEET IS REQUIRED ON LOT 12 OF A PROPOSED
12-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION on 3.59 acres at 8425 La Mancha
Avenue (APN 125-29-808-009), R-D (Single Family Residential-Restricted), Ward 6 (Ross)
[PRJ-65552]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest Postcards VAR-65782 and VAR-65777 [PRJ-65552]

Consistent with the Citys


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

VAR-65782

VAR-65782

Agenda Item No.: 74.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-65777 - VARIANCE - PUBLIC HEARING - APPLICANT: DR HORTON - OWNER:
TB-JACK, LLC - For possible action on a request for a Variance TO ALLOW A 12-FOOT
FRONT YARD SETBACK WHERE 25 FEET IS REQUIRED ON LOT 6 OF A PROPOSED
12-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION on 3.59 acres at 8425 La Mancha
Avenue (APN 125-29-808-009), R-D (Single Family Residential-Restricted), Ward 6 (Ross)
[PRJ-65552]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

VAR-65777

VAR-65777

Agenda Item No.: 75.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-65909 - VARIANCE - PUBLIC HEARING - APPLICANT: FOUNDERS ACADEMY
OF LAS VEGAS - OWNER: PRE RANCHO JONES, LLC - For possible action on a request for
a Variance TO ALLOW AN EIGHT-FOOT TALL WALL IN THE FRONT YARD WHERE A
MAXIMUM WALL HEIGHT OF FIVE FEET IS ALLOWED on a 6.11 acre portion of a 17.08
acre parcel on the northwest corner of Leon Avenue and Alexander Road (APN 138-01-401003), U (Undeveloped) Zone, [ML (Medium Low Density Residential) General Plan
Designation], Ward 5 (Barlow) [PRJ-65274]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-65909, VAR-66310, SUP-65910, SUP-65911 and SDR65912 [PRJ-65274]
2. Conditions and Staff Report - VAR-65909, VAR-66310, SUP-65910, SUP-65911 and SDR65912 [PRJ-65274]
3. Supporting Documentation - VAR-65909, VAR-66310, SUP-65910, SUP-65911 and SDR65912 [PRJ-65274]
4. Photo(s) - VAR-65909, VAR-66310, SUP-65910, SUP-65911 and SDR-65912 [PRJ-65274]
5. Justification Letter - VAR-65909, VAR-66310, SUP-65910, SUP-65911 and SDR-65912
[PRJ-65274]

VAR-65909, VAR-66310 SUP-65910, SUP-65911 and SDR-65912 [PRJ-65274]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: FOUNDERS ACADEMY OF LAS VEGAS OWNER: PRE RANCHO JONES, LLC

** STAFF RECOMMENDATION(S) **
CASE
NUMBER

RECOMMENDATION

SUP-65910

Staff recommends APPROVAL, subject to conditions:


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

SUP-65911

Staff recommends APPROVAL, subject to conditions:

SDR-65912

Staff recommends APPROVAL, subject to conditions:

VAR-65909
VAR-66310

REQUIRED FOR
APPROVAL
VAR-65909
VAR-65909
VAR-66310
VAR-65909
VAR-66310
SUP-65910
VAR-65909
VAR-66310
SUP-65910
SUP-65911

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

18 VAR-65909, SUP-65910,
SUP-65911 and SDR-65912
35 VAR-66310

NOTICES MAILED

319 VAR-65909 and VAR-66310


319 SUP-65910 and SUP-65911
319 SDR-65912

APPROVALS

0 VAR-65909 and VAR-66310


0 SUP-65910 and SUP-65911
0 SDR-65912

PROTESTS

0 VAR-65909 and VAR-66310


0 SUP-65910 and SUP-65911
0 SDR-65912
NE

VAR-65909, VAR-66310 SUP-65910, SUP-65911 and SDR-65912 [PRJ-65274]


Conditions Page One
September 13, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-65909 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Variance (VAR-66310),


Special Use Permit (SUP-65910), Special Use Permit (SUP-65911) and Site Development
Plan Review (SDR-65912) 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.

VAR-66310 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Variance (VAR-65909),


Special Use Permit (SUP-65910), Special Use Permit (SUP-65911) and Site Development
Plan Review (SDR-65912) 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

VAR-65909, VAR-66310 SUP-65910, SUP-65911 and SDR-65912 [PRJ-65274]


Conditions Page Two
September 13, 2016 - Planning Commission Meeting

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.

Public Works

6.

The proposed horse trail shall be constructed outside of the public right-of-way and be
perpetually maintained by the property owner. Sidewalk, when constructed, shall be within
the Leon Avenue public right-of-way or appropriate easement.

7.

Enter into a Covenant Running with Land Agreement for the future installation of all
incomplete half-street improvements per current City Standards for any improvements
deferred through this action. The Covenant agreement must be recorded with the County
Recorder and a copy of the recorded document must be provided to the City prior to the
release of the issuance of permits.

SUP-65910 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for a Public or
Private School, Primary use.

2.

Approval of and conformance to the Conditions of Approval for Variance (VAR-65909),


Variance (VAR-66310), Special Use Permit (SUP-65911) and Site Development Plan
Review (SDR-65912) shall be required.

3.

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

NE

VAR-65909, VAR-66310 SUP-65910, SUP-65911 and SDR-65912 [PRJ-65274]


Conditions Page Three
September 13, 2016 - Planning Commission Meeting

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.

Public Works

7.

The number of students for this Special Use Permit is limited to a maximum of 520
students.

8.

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. The Traffic Impact Analysis shall include a pick up and drop off plan for the
students. Comply with the recommendations of the approved Traffic Impact Analysis prior
to occupancy of the site. The Traffic Impact Analysis shall also include a section
addressing Standard Drawings #234.1 #234.2 and #234.3 to determine additional right-ofway requirements for bus turnouts adjacent to this site, if any; dedicate all areas
recommended by the approved Traffic Impact Analysis. All additional rights-of-way
required by Standard Drawing #201.1 for exclusive right turn lanes and dual left turn lanes
shall be dedicated prior to or concurrent with the commencement of on-site development
activities unless specifically noted as not required in the approved Traffic Impact Analysis.
Phased compliance will be allowed if recommended by the approved Traffic Impact
Analysis. No recommendation of the approved Traffic Impact Analysis, nor compliance
therewith, shall be deemed to modify or eliminate any condition of approval imposed by
the Planning Commission or the City Council on the development of this site.

9.

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

10. There shall be an administrative review 60 days after the school has opened to insure
compliance with the approved Traffic Impact Analysis as it relates to the school pick-up
and drop-off plan and the overall school traffic operations. Corrections for any noncompliance must be completed by the applicant within 60 days of written notice from the
City.

NE

VAR-65909, VAR-66310 SUP-65910, SUP-65911 and SDR-65912 [PRJ-65274]


Conditions Page Four
September 13, 2016 - Planning Commission Meeting

SUP-65911 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under LVMC Title 19.12 for Public or Private
School, Secondary use.

2.

Approval of and conformance to the Conditions of Approval for Variance (VAR-65909),


Variance (VAR-66310), Special Use Permit (SUP-65910) and Site Development Plan
Review (SDR-65912) shall be required.

3.

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

4.

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

5.

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

6.

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

Public Works

7.

The number of students for this Special Use Permit is limited to a maximum of 230
students.

8.

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. The Traffic Impact Analysis shall include a pick up and drop off plan for the
students. Comply with the recommendations of the approved Traffic Impact Analysis prior
to occupancy of the site. The Traffic Impact Analysis shall also include a section
addressing Standard Drawings #234.1 #234.2 and #234.3 to determine additional right-ofway requirements for bus turnouts adjacent to this site, if any; dedicate all areas

NE

VAR-65909, VAR-66310 SUP-65910, SUP-65911 and SDR-65912 [PRJ-65274]


Conditions Page Five
September 13, 2016 - Planning Commission Meeting

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.
9.

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

10. There shall be an administrative review 60 days after the school has opened to insure
compliance with the approved Traffic Impact Analysis as it relates to the school pick-up
and drop-off plan and the overall school traffic operations. Corrections for any noncompliance must be completed by the applicant within 60 days of written notice from the
City.

SDR-65912 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Variance (VAR-65909),


Variance (VAR-66310), Special Use Permit (SUP-65910), and Special Use Permit (SUP65911) shall be required, if approved.

2.

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

3.

All development shall be in conformance with the site plan and landscape plan date
stamped 08/18/16; and building elevations date stamped 08/02/16, except as amended by
conditions herein.

4.

Conformance with Title 19.04 Complete Streets Standards shall be required along Leon
Avenue unless a Variance (VAR-66310) is approved.

5.

Exception from Title 19.06 is hereby approved, to allow one 24-inch box tree per 30 linear
feet adjacent to Alexander Road and Leon Avenue where one 24-inch box tree per 20 linear
feet is required.
NE

VAR-65909, VAR-66310 SUP-65910, SUP-65911 and SDR-65912 [PRJ-65274]


Conditions Page Six
September 13, 2016 - Planning Commission Meeting

6.

Exception from Title 19.08 is hereby approved, to allow a total of 40 trees within the
parking lot area where a tree in each landscape island and at the end of each row of parking
is 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.

8.

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

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

Public Works
11. Dedicate an additional 5-feet of right-of-way for a total radius of 25-feet on the northwest
corner of Leon Avenue and Alexander Road prior to the issuance of any permits.
12. Grant a Pedestrian Access Easement for any sidewalk located outside of the public right-ofway prior to the issuance of any permits.
13. Construct half-street improvements meeting Complete Streets Standards including
appropriate transitional paving on Alexander Road and Leon Avenue adjacent to this site
concurrent with development of this site. If a horse trail is allowed it must be constructed
outside of the public right-of-way and must be perpetually maintained by the property
owner. Install all appurtenant underground facilities, if any, adjacent to this site needed for
the future traffic signal system concurrent with development of this site. Extend all
required underground utilities, such as electrical, telephone, etc., located within public
rights-of-way, past the boundaries of this site prior to construction of hard surfacing
(asphalt or concrete). All existing paving damaged or removed by this development shall
be restored at its original location and to its original width concurrent with development of
this site.
14. Construct a second driveway located south of the proposed driveway on Leon Avenue as
required by the City Traffic Engineer. Both driveways on Leon Avenue shall be gated
initially however; they shall become active driveways if deemed necessary by the City
Traffic Engineer.

NE

VAR-65909, VAR-66310 SUP-65910, SUP-65911 and SDR-65912 [PRJ-65274]


Conditions Page Seven
September 13, 2016 - Planning Commission Meeting

15. The western driveway on Alexander Road shall be a minimum of 36-feet wide to
accommodate separate left and right turning exit movements.
16. Unless otherwise allowed by the City Engineer, construct sidewalk on at least one side of
all access drives connecting this site to the adjacent public streets concurrent with
development of this site. The connecting sidewalk shall extend from the sidewalk on the
public street to the first intersection of the on-site roadway network and shall be terminated
on-site with a handicap ramp.
17. Extend Public sewer in Leon Avenue to the north edge of this site concurrent with on-site
development activities.
18. Coordinate with the Sanitary Sewer Section of the Department of Public Works an
acceptable public sewer connection point north of Alexander Road. The sewer connection
point in Alexander Road may be affected by a future City storm drain project in Alexander
Road.
19. Landscape and maintain all unimproved rights-of-way, if any, adjacent to this site. All
landscaping and private improvements installed with this project shall be situated and
maintained so as to not create sight visibility obstructions for vehicular traffic at all
development access drives and abutting street intersections.
20. Submit an Encroachment Agreement for landscaping and private improvements in the Leon
Avenue and Alexander Road public rights-of-way prior to this issuance of permits for these
improvements. The applicant must carry an insurance policy for the term of the
Encroachment Agreement and add the City of Las Vegas as an additionally insured entity
on this insurance policy. If requested by the City, the applicant shall remove property
encroaching in the public right-of-way at the applicant's expense pursuant to the terms of
the City's Encroachment Agreement. The installation and maintenance of all private
improvements in the public right of way shall be the responsibility of the applicant and any
successors in interest to the property and assigns pursuant to the terms of the Encroachment
Agreement. Coordinate all requirements for the Encroachment Agreement with the Land
Development Section of the Department of Building and Safety (229-4836).
21. Meet with the Fire Protection Engineering Section of the Department of Fire Services to
discuss fire requirements for the proposed use of this facility. The design and layout of all
onsite private circulation and access drives shall meet the approval of the Department of
Fire Services.
22.

Contact the City Engineers Office at 229-6272 to coordinate the development of this
project with the Sewer Rehab Group F project, the ITS communications Infrastructure
Phase II project, and any other public improvement projects adjacent to this site. Comply
with the recommendations of the City Engineer.

NE

VAR-65909, VAR-66310 SUP-65910, SUP-65911 and SDR-65912 [PRJ-65274]


Conditions Page Eight
September 13, 2016 - Planning Commission Meeting

23. 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. The Traffic Impact Analysis shall include a pick up and drop off plan for the
students. Comply with the recommendations of the approved Traffic Impact Analysis prior
to occupancy of the site. The Traffic Impact Analysis shall also include a section
addressing Standard Drawings #234.1 #234.2 and #234.3 to determine additional right-ofway requirements for bus turnouts adjacent to this site, if any; dedicate all areas
recommended by the approved Traffic Impact Analysis. All additional rights-of-way
required by Standard Drawing #201.1 for exclusive right turn lanes and dual left turn lanes
shall be dedicated prior to or concurrent with the commencement of on-site development
activities unless specifically noted as not required in the approved Traffic Impact Analysis.
Phased compliance will be allowed if recommended by the approved Traffic Impact
Analysis. No recommendation of the approved Traffic Impact Analysis, nor compliance
therewith, shall be deemed to modify or eliminate any condition of approval imposed by
the Planning Commission or the City Council on the development of this site.
24. Prior to operating as a school, construct school zone flashers on Alexander Road and
school zone signs on Leon Avenue meeting the approval of the City Traffic Engineer
unless specifically not required in the approved Traffic Impact Analysis.
25. There shall be an administrative review 60 days after the school has opened to insure
compliance with the approved Traffic Impact Analysis as it relates to the school pick-up
and drop-off plan and the overall school traffic operations. Corrections for any noncompliance must be completed by the applicant within 60 days of written notice from the
City.
26. 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 recordation of a Map subdividing this site,
whichever may occur first. Provide and improve all drainageways recommended in the
approved drainage plan/study. The developer of this site shall be responsible to construct
such neighborhood or local drainage facility improvements as are recommended by the
City of Las Vegas Neighborhood Drainage Studies and approved Drainage Plan/Study
concurrent with development of this site.

NE

VAR-65909, VAR-66310 SUP-65910, SUP-65911 and SDR-65912 [PRJ-65274]


Staff Report Page One
September 13, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The applicant has proposed to construct a 58,745 square-foot primary and secondary school on a
7.44 acre portion of a 17.08 acre site located on the northwest corner of Alexander Road and
Leon Avenue.
ISSUES
x
x
x
x
x
x

A Variance is required to allow an eight-foot tall wall within the front yard setback where
five feet is the maximum height allowed. Staff supports this request.
A Variance is required to allow a deviation from Complete Streets Standards to provide a
horse trail in place of a sidewalk adjacent to Leon Avenue. Staff does not support this
request.
A Special Use Permit is required for a Public or Private School, Primary in the U
(Undeveloped) [ML (Medium Low Density Residential)] zoning district. Staff supports this
request.
A Special Use Permit is required for a Public or Private School, Secondary in the U
(Undeveloped) [ML (Medium Low Density Residential)] zoning district. Staff supports this
request.
An Exception is required to allow 24-inch box trees to be planted every 30 linear feet where
20 feet is the maximum distance allowed in between trees for a commercial use on property
adjacent to residentially zoned property.
An Exception is required to allow 40 trees within the parking lot where 46 trees are required.

ANALYSIS
The applicant has proposed a two-story primary and secondary school on a 7.44 acre portion of a
17.08 acre site on the northwest corner of Alexander Road and Leon Avenue within the U
(Undeveloped) zone [ML (Medium Low Density Residential) General Plan Designation]. The
main entrance of the school faces Alexander Road and leads into an open air courtyard that is
surrounded by the primary classrooms on the first floor, with the secondary classrooms located
on the second floor. Located in the rear of the building is the multipurpose room and gymnasium.
The classroom building has been situated on the southwest corner of the subject site, surrounded
by an outdoor playground and basketball courts to the south of the building, and an outdoor ball
field to the east of the building. Parking surrounds the educational building and outdoor play
areas allowing for circulation of vehicular traffic around the outer perimeter of the site. The
landscaping materials proposed are appropriate and consistent with what is normally found in a
primary and secondary school setting. Staff finds the proposed primary and secondary school
campus to be harmonious and compatible with the existing and future surrounding uses and is
recommending approval of Site Development Plan Review (SDR-65912).
NE

VAR-65909, VAR-66310 SUP-65910, SUP-65911 and SDR-65912 [PRJ-65274]


Staff Report Page Two
September 13, 2016 - Planning Commission Meeting

In the U (Undeveloped) zoning district, both a Primary and Secondary Public or Private School
requires a Special Use Permit.
x

The Public or Private School, Primary use is defined as an institution that provides
kindergarten through 8th grade education and is supported by a public, religious or private
organization.
The Minimum Special Use Permit Requirements for this use include:
1. Requirement 1:

Adequate pick-up and drop-off areas must be provided onsite.

Adequate pick-up and drop-off areas have been provided with vehicle queuing
being provided for on the far northern portion of the subject site.
x

The Public or Private School, Secondary use is defined as an institution that provides 9 th
through 12th grade education and is supported by a public, religious or private
organization.
The Minimum Special Use Permit Requirements for this use include:
1. Requirement 1:

Schools shall be located on a collector street or


larger.

The subject site is on the northwest corner of Alexander Road and Leon
Avenue. Alexander Road is a 100-foot primary arterial as defined by the
Master Plan of Streets and Highways; and Leon Avenue is a 65-foot local
street as defined by Title 13.
The subject site meets the minimum Special Use Permit requirements for both uses, and has also
met the on-site parking requirements for both; therefore, staff is recommending approval of both
Special Use Permit (SUP-65910 and SUP-65911) applications.
The applicant has requested a Variance (VAR-65909) to allow the construction of an eight-foot
tall block wall adjacent to Leon Avenue. In the case of corner lots such as this one, the front of
the lot shall be considered to be the side which has the lesser dimension in width of street
frontage. In this instance, Leon Avenue is the front of the property, which Title 19 restricts the
maximum height allowed in the front yard to five feet. In contrast, Title 19 also requires a
minimum 6-foot tall screen wall to be constructed when commercial uses abut residentially
zoned property. A fence is also required for the health, safety and welfare of the children

NE

VAR-65909, VAR-66310 SUP-65910, SUP-65911 and SDR-65912 [PRJ-65274]


Staff Report Page Three
September 13, 2016 - Planning Commission Meeting

attending the school. For these reasons, staff is supporting the Variance (VAR-65909) request to
allow an eight-foot tall screen wall to be constructed in the front yard of the subject site and
recommends approval of this application.
The applicant is proposing to deviate from complete street standards by constructing a horse trail
instead of sidewalk along Leon Avenue adjacent to the proposed school. When a site is
developed in the City of Las Vegas, it is customary to require the installation of all incomplete or
damaged improvements surrounding the site so they match what exists in the surrounding area.
The City is currently working on building complete streets throughout the City in order to
accommodate all users of the public right-of-way. Although there is no sidewalk on the east side
of Leon Avenue, there is sidewalk constructed on the west side of Leon Avenue south of
Alexander Road and on the south side of Alexander Road west of Leon Avenue. Additionally,
since this area is adjacent to a school, a sidewalk would provide a safe and even surface for
pedestrian traffic. Therefore, the Departments of Planning and Public Works recommend denial
of this Variance (VAR-66310) application.

FINDINGS (VAR-65909)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council, in
considering the merits of a Variance request, shall not grant a Variance in order to:
1.
2.
3.

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


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

The request for a Variance (VAR-65909) to allow an eight-foot tall screen wall in the front yard of a
commercial use (primary and secondary school) is in accordance with Title 19 which requires a
minimum six-foot tall screen wall to be constructed when a commercial use in occurring on
residentially zoned property, and when that property is adjacent to residentially zoned property. In
addition, a fence is also required for the health, safety and welfare of the children attending the
school. For these reasons
, staff is supporting this request and recommends approval
of Variance (VAR-65909).

FINDINGS (VAR-66310)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council,
in considering the merits of a Variance request, shall not grant a Variance in order to:
1.
2.
3.

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


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

NE

VAR-65909, VAR-66310 SUP-65910, SUP-65911 and SDR-65912 [PRJ-65274]


Staff Report Page Four
September 13, 2016 - Planning Commission Meeting

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
as to relieve the difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected natural resources
and without substantially impairing the intent and purpose of any ordinance or
resolution.
No evidence of a unique or extraordinary circumstance has been presented, in that the applicant
has created a self-imposed hardship by proposing to construct a horse trail adjacent to Leon
Avenue in lieu of a sidewalk as required by Title 19.04. Alternative site design where a horse
trail was proposed in addition to a sidewalk as required by Title 19.04 for Complete Streets
would allow conformance to Title 19. In view of the absence of any hardships imposed by the
sites physical characteristics, it is concluded that the applicants hardship is preferential in
nature, and it is thereby outside the realm of NRS Chapter 278 for granting of Variances;
therefore, staff is recommending denial of this Variance (VAR-66310) application.

FINDINGS (SUP-65910 and SUP-65911)


In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
1.

The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
The proposed educational campus was designed to mitigate noise and traffic impacts to the
existing residential neighborhood to the east by positioning a field adjacent to Leon
Avenue, and providing primary site access off of Alexander Road. The proposed
educational facility can be conducted in a harmonious and compatible manner with the
existing and future surrounding land uses.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The subject site is a 17.08 acre located on the northwest corner of Alexander Road and
Leon Avenue. The applicant has proposed to develop a 7.44 acre portion of the 17.08 acre
lot for a primary and secondary school. With the subject site being surrounded by both
residential and commercial uses, staff finds the subject site to be suitable for the proposed
school campus.
NE

VAR-65909, VAR-66310 SUP-65910, SUP-65911 and SDR-65912 [PRJ-65274]


Staff Report Page Six
September 13, 2016 - Planning Commission Meeting

3.

Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
Primary access to the subject site is provided by Alexander Road, with secondary access
being provided by Leon Avenue. A Condition of Approval has been added by Public
Works requiring the half street improvements for both Alexander Road and Leon Avenue.
Both roadways will be adequate to meet the requirements of the proposed primary and
secondary school.

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 public safety, health and welfare will be protected through implementation of
conditions of approval requiring various permits and inspections prior to commencement
of the use.

5.

The use meets all of the applicable conditions per Title 19.12.
The proposed Public or Private School, Primary and Secondary has met the minimum
Special Use Permit requirements set forth by Title 19.12 including adequate pick-up and
drop-off areas, and being located on a collector street or larger.

FINDINGS (SDR-65912)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E) the
Planning Commission and/or City Council must affirm the following:
1.

The proposed development is compatible with adjacent development and


development in the area;
The proposed educational campus is compatible with the existing single family residences
to the east, and the existing commercial uses to the south.

2.

The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other dulyadopted city plans, policies and standards;
With the exception of the Variance request to allow for the deviation of the Complete
Standards along the eastern perimeter of the subject site, the proposed development is
consistent with the General Plan and Title 19. The requested Variance for the eight-foot
tall screen wall along the east perimeter of the proposed educational campus is supported

NE

VAR-65909, VAR-66310 SUP-65910, SUP-65911 and SDR-65912 [PRJ-65274]


Staff Report Page Seven
September 13, 2016 - Planning Commission Meeting

by staff due to the existing residential neighborhood to the east. The eastern portion of the
subject site is the front yard of the subject site which limits wall height to a maximum of
five feet. Since Title 19 requires a screen wall between residential and commercial uses,
staff supports this request.
3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
Primary Site access is provided by Alexander Road, a 60-foot Primary Arterial as defined
by the Master Plan of Streets and Highways. Vehicle traffic is encouraged to circulate in
one direction to prevent and traffic congestion during peak drop-off and pick-up hours of
the day. In addition, a Condition of Approval for a 60-day review has been added to ensure
drop-off and pick-up routes are effective and not creating traffic congestion.

4.

Building and landscape materials are appropriate for the area and for the City;
The applicant has proposed an educational facility constructed of colored concrete
masonry walls, decorative wrought iron fencing and gates, and frosted glass. The
landscape materials proposed include African Sumac trees, Mexican Fan Palms, and Red
Yucca shrubbery. These materials are appropriate for the City and a desert climate.

5.

Building elevations, design characteristics and other architectural and aesthetic


features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;
The proposed building elevations are typical of an educational facility designed for school
age children and are not unsightly or obnoxious in appearance. The proposed structure
creates an orderly educational environment that is harmonious and compatible with
development in the area.

6.

Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
If approved, the proposed educational facility will be subject to building permit review,
and once under construction, subject to regular building inspections. Once completed, the
building is subject to a final review before the issuance of a Certificate of Occupancy by
the Department of Building & Safety; thus, ensuring public health, safety, and general
welfare.

NE

VAR-65909, VAR-66310 SUP-65910, SUP-65911 and SDR-65912 [PRJ-65274]


Staff Report Page Eight
September 13, 2016 - Planning Commission Meeting

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
There are no relevant City actions related to the subject site.

Most Recent Change of Ownership


05/10/16
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


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

Pre-Application Meeting
A pre-application meeting was held where the submittal requirements for a
06/21/16
Variance, two Special Use Permits, and a Site Development Plan Review
were discussed.

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

Field Check
08/04/16

A vacant, undeveloped lot was observed by staff during a routine field check.

Details of Application Request


Site Area
Net Acres
17.08

Surrounding
Property

Existing Land Use


Per Title 19.12

Planned or Special
Land Use Designation

Subject Property

Undeveloped

ML (Medium Low
Density Residential)

North

Undeveloped

ML (Medium Low
Density Residential)

Existing Zoning District


U (Undeveloped) [ML
(Medium Low Density
Residential)]
U (Undeveloped) [ML
(Medium Low Density
Residential)]

NE

VAR-65909, VAR-66310 SUP-65910, SUP-65911 and SDR-65912 [PRJ-65274]


Staff Report Page Nine
September 13, 2016 - Planning Commission Meeting

Surrounding
Property

Existing Land Use


Per Title 19.12

Planned or Special
Land Use Designation

Undeveloped

ML (Medium Low
Density Residential)

Clinic

GC (General
Commercial)

East

Single Family
Residential,
Detached

DR (Desert Rural
Density Residential)

R-E (Residence Estates)

West

Undeveloped

SC (Service
Commercial)

C-1 (Limited
Commercial)

South

Existing Zoning District


U (Undeveloped) [ML
(Medium Low Density
Residential)]
C-2 (General
Commercial)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
A-O (Airport Overlay) District 105 Feet
Centennial Hills Sector Plan
Northwest Open Space Plan
Other Plans or Special Requirements
Trails Pedestrian Path
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

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

DEVELOPMENT STANDARDS
Pursuant to note the applicable code section here 19.06, the following standards apply:
Standard
Required/Allowed
Provided
Compliance
Min. Lot Size
20,000 SF
324,086 SF
Y
Min. Lot Width
100 Feet
560 Feet
Y
Min. Setbacks
x Front
50 Feet
250 Feet
Y
x Side
10 Feet
80 Feet
Y
x Corner
15 Feet
100 Feet
Y
35 Feet
275 Feet
Y
x Rear
Max. Building Height
35 Feet
30 Feet
Y
Screened, Gated, w/ a Screened, Gated, w/ a
Trash Enclosure
Y
Roof or Trellis
Roof or Trellis
Mech. Equipment
Screened
Screened
Y

NE

VAR-65909, VAR-66310 SUP-65910, SUP-65911 and SDR-65912 [PRJ-65274]


Staff Report Page Ten
September 13, 2016 - Planning Commission Meeting

Pursuant to 19.06, the following standards apply:


Landscaping and Open Space Standards
Required
Provided
Compliance
Standards
Ratio
Trees
Buffer Trees:
x North
1 Tree / 20 Linear Feet
29 Trees
29 Trees
Y
x South
1 Tree / 20 Linear Feet
21 Trees
17 Trees
N*
x East
1 Tree / 20 Linear Feet
20 Trees
15 Trees
N*
1 Tree / 20 Linear Feet
28 Trees
28 Trees
x West
Y
TOTAL PERIMETER TREES
98 Trees
89 Trees
N*
1 Tree / 6 Uncovered
Parking Area Trees
46 Trees
40 Trees
N*
Spaces, plus 1 tree at the
end of each row of spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
x North
8 Feet
8 Feet
Y
x South
15 Feet
15 Feet
Y
x East
15 Feet
15 Feet
Y
8 Feet
8 Feet
Y
x West
Wall Height
6 to 8 Feet Adjacent to Residential
Y
Y**
*The applicant has requested Exceptions to reduce the number of trees by planting them every
30 linear feet instead of every 20 linear feet, staff supports this request.
**The applicant has requested a Variance (VAR-65909) to allow for an eight-foot tall screen
wall in the front yard which is adjacent to residential. Staff supports this request.

Street Name

Functional
Classification of
Street(s)

Governing Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Master Plan of
60
N*
Streets & Highways
Leon Avenue
Local
Title 13
50
N*
Master Plan of
Rancho Drive
Expressway
108
Y
Streets & Highways
*A Condition of Approval has been added requiring half-street improvements in accordance with
Title 19.04 for Complete Streets Standards.
Alexander Road

Primary Arterial

NE

VAR-65909, VAR-66310 SUP-65910, SUP-65911 and SDR-65912 [PRJ-65274]


Staff Report Page Eleven
September 13, 2016 - Planning Commission Meeting

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Public or
3 Spaces
Private
26
Per
78
School,
Classroom
Primary
Public or
9 Spaces
Private
Per
12
108
School,
Classroom
Secondary
186
199
Y
TOTAL SPACES REQUIRED
180
6
193
6
Y or N
Regular and Handicap Spaces Required

Exceptions
Requirement
One 24-inch box tree per 20
linear feet.
To provide a tree in each
landscape island and at the end
of each row of parking.

Request
One 24-inch box tree per 30 linear
feet adjacent to Alexander Road
and Leon Avenue.
To provide a total of 40 trees
within the parking lot area where
46 trees is the minimum amount
required.

Staff Recommendation
Approval

Approval

NE

VAR-65909

VAR-65909

VAR-65909

VAR-65909

VAR-65909, VAR-66310, SUP-65910, SUP-65911 and SDR-65912 - REVISED

VAR-65909, VAR-66310, SUP-65910, SUP-65911 and SDR-65912 - REVISED

VAR-65909, VAR-66310, SUP-65910, SUP-65911 and SDR-65912

7A7
bA7

7A7

A7b7bb7A7A7

77
7A

77b
7A

77
7A

77
7A

77b
7A

77AA
7A

A7

A
A77

bb
bb7

77

A7
A

VAR-65909, VAR-66310, SUP-65910, SUP-65911 and SDR-65912

bA77
b777A7

bA7

A7A

bA7

bA7

77A

7A

bAb

77777777
7777777077
77777

7bb7b
b7

bb7b

=7AbA7=7A7A
AA7A
A7A77

7bA77
A7A7AA7
77A77
AA7b77A

77A
b77
70
77

777777777777
777777777777777
77777777777
7777777777777
777777b7b7b777:7
7777777777777
7777777777b7b7b
777777777777
77777777
77777777777777
77b7b7b
b7 7
777A7777A7b7b7
7A77A777bb777b

bA7
777

bA7
777

Eb
Eb

VAR-65909, VAR-66310, SUP-65910, SUP-65911 and SDR-65912

E7E7A

b7E7A7

7A7
7 7

AA7A
A7A7AA7

VAR-65909 [PRJ-65274] VARIANCE RELATED TO VAR-66310, SUP-65910, SUP-65911 AND SDR65912 - APPLICANT: FOUNDERS ACADEMY OF LAS VEGAS - OWNER: PRE RANCHO JONES, LLC
NORTHWEST CORNER OF LEON AVENUE AND ALEXANDER ROAD
08/04/16

VAR-65909 [PRJ-65274] VARIANCE RELATED TO VAR-66310, SUP-65910, SUP-65911 AND SDR65912 - APPLICANT: FOUNDERS ACADEMY OF LAS VEGAS - OWNER: PRE RANCHO JONES, LLC
NORTHWEST CORNER OF LEON AVENUE AND ALEXANDER ROAD
08/04/16

VAR-65909 [PRJ-65274] VARIANCE RELATED TO VAR-66310, SUP-65910, SUP-65911 AND SDR65912 - APPLICANT: FOUNDERS ACADEMY OF LAS VEGAS - OWNER: PRE RANCHO JONES, LLC
NORTHWEST CORNER OF LEON AVENUE AND ALEXANDER ROAD
08/04/16

VAR-65909 [PRJ-65274] VARIANCE RELATED TO VAR-66310, SUP-65910, SUP-65911 AND SDR65912 - APPLICANT: FOUNDERS ACADEMY OF LAS VEGAS - OWNER: PRE RANCHO JONES, LLC
NORTHWEST CORNER OF LEON AVENUE AND ALEXANDER ROAD
08/04/16

VAR-65909 [PRJ-65274] VARIANCE RELATED TO VAR-66310, SUP-65910, SUP-65911 AND SDR65912 - APPLICANT: FOUNDERS ACADEMY OF LAS VEGAS - OWNER: PRE RANCHO JONES, LLC
NORTHWEST CORNER OF LEON AVENUE AND ALEXANDER ROAD
08/04/16

VAR-65909, VAR-66310, SUP-65910, SUP-65911 and SDR-65912 - REVISED

VAR-65909, VAR-66310, SUP-65910, SUP-65911 and SDR-65912 - REVISED

VAR-65909, VAR-66310, SUP-65910, SUP-65911 and SDR-65912 - REVISED

Agenda Item No.: 76.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-66310 - VARIANCE RELATED TO VAR-65909 - PUBLIC HEARING - APPLICANT:
FOUNDERS ACADEMY OF LAS VEGAS - OWNER: PRE RANCHO JONES, LLC - For
possible action on a request for a Variance TO ALLOW A DEVIATION FROM COMPLETE
STREETS STANDARDS TO PROVIDE A HORSE TRAIL IN PLACE OF A SIDEWALK
ADJACENT TO LEON AVENUE on a 6.11 acre portion of a 17.08 acre parcel on the northwest
corner of Leon Avenue and Alexander Road (APN 138-01-401-003), U (Undeveloped) Zone,
[ML (Medium Low Density Residential) General Plan Designation], Ward 5 (Barlow) [PRJ65274]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

VAR-66310

VAR-66310

VAR-66310

VAR-66310

Agenda Item No.: 77.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-65910 - SPECIAL USE PERMIT RELATED TO VAR-65909 AND VAR-66310 PUBLIC HEARING - APPLICANT: FOUNDERS ACADEMY OF LAS VEGAS - OWNER:
PRE RANCHO JONES, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED PUBLIC OR PRIVATE SCHOOL, PRIMARY on the northwest corner of Leon
Avenue and Alexander Road (APN 138-01-401-003), U (Undeveloped) Zone, [ML (Medium
Low Density Residential) General Plan Designation], Ward 5 (Barlow) [PRJ-65274]. Staff
recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

SUP-65910

SUP-65910

SUP-65910

SUP-65910

Agenda Item No.: 78.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-65911 - SPECIAL USE PERMIT RELATED TO VAR-65909, VAR-66310 AND SUP65910 - PUBLIC HEARING - APPLICANT: FOUNDERS ACADEMY OF LAS VEGAS OWNER: PRE RANCHO JONES, LLC - For possible action on a request for a Special Use
Permit FOR A PROPOSED PUBLIC OR PRIVATE SCHOOL, SECONDARY on the northwest
corner of Leon Avenue and Alexander Road (APN 138-01-401-003), U (Undeveloped) Zone,
[ML (Medium Low Density Residential) General Plan Designation], Ward 5 (Barlow) [PRJ65274]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

SUP-65911

SUP-65911

SUP-65911

SUP-65911

Agenda Item No.: 79.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SDR-65912 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-65909, VAR66310, SUP-65910 AND SUP-65911 - PUBLIC HEARING - APPLICANT: FOUNDERS
ACADEMY OF LAS VEGAS - OWNER: PRE RANCHO JONES, LLC - For possible action on
a request for a Site Development Plan Review FOR A PROPOSED 58,745 SQUARE-FOOT
PUBLIC OR PRIVATE SCHOOL, PRIMARY AND SECONDARY USE on a 6.11 acre portion
of a 17.08 acre parcel on the northwest corner of Leon Avenue and Alexander Road (APN 13801-401-003), U (Undeveloped) Zone, [ML (Medium Low Density Residential) General Plan
Designation], Ward 5 (Barlow) [PRJ-65274]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

SDR-65912

SDR-65912

SDR-65912

SDR-65912

Agenda Item No.: 80.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-65923 - VARIANCE - PUBLIC HEARING - APPLICANT: NATHAN STRAGER OWNER: DAVID J TRUST WILLDEN, ET AL - For possible action on a request for a
Variance TO ALLOW A ZERO-FOOT SIDE YARD SETBACK WHERE TEN FEET IS
REQUIRED FOR A PROPOSED 7,800 SQUARE-FOOT COMMERCIAL BUILDING on 0.83
acres at 4545 West Sahara Avenue (APNs 162-07-101-005 and 006), C-1 (Limited Commercial)
Zone, Ward 1 (Tarkanian) [PRJ-65262]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-65923, SUP-65294 and SDR-65925 [PRJ-65262]
2. Conditions and Staff Report - VAR-65923, SUP-65294 and SDR-65925 [PRJ-65262]
3. Supporting Documentation - VAR-65923, SUP-65294 and SDR-65925 [PRJ-65262]
4. Photo(s) - VAR-65923, SUP-65294 and SDR-65925 [PRJ-65262]
5. Justification Letter - VAR-65923, SUP-65294 and SDR-65925 [PRJ-65262]
6. Parking Analysis - VAR-65923, SUP-65294 and SDR-65925 [PRJ-65262]
7. Amended and Restated Easement Agreement - VAR-65923, SUP-65294 and SDR-65925
[PRJ-65262]
8. Declaration of Common Area Easements and Signage Agreement - VAR-65923, SUP-65294
and SDR-65925 [PRJ-65262]
9. Grant of Perpetual Easements and Declaration of Restrictions - VAR-65923, SUP-65294 and
SDR-65925 [PRJ-65262]

VAR-65923, SUP-65924 and SDR-65925 [PRJ-65262]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: NATHAN STRAGER - OWNER: DAVID J TRUST
WILLDEN, ET AL

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-65923
SUP-65924
SDR-65925

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

REQUIRED FOR
APPROVAL

VAR-65923
VAR-65923
SUP-65924

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

25

NOTICES MAILED

132 VAR-65923 and SUP-65924


132 SDR-65925

APPROVALS

0 VAR-65923 and SUP-65924


0 SDR-65925

PROTESTS

0 VAR-65923 and SUP-65924


0 SDR-65925

NE

VAR-65923, SUP-65924 and SDR-65925 [PRJ-65262]


Conditions Page One
September 13, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-65923 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Special Use Permit (SUP65924) and Site Development Plan Review (SDR-65925) 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-65924 CONDITIONS
Planning
1.

The alternative parking demand analysis date stamped 08/02/16 is hereby approved. The
alternative parking standard is valid for the duration of the Banquet Facility and General
Personal Service [Instructional Arts Studio (Dance Studio)] uses at this site. The alternative
parking standard shall expire when the uses cease to operate on the site.

2.

Approval of and conformance to the Conditions of Approval for Variance (VAR-65923)


and Site Development Plan Review (SDR-65925) shall be required.

NE

VAR-65923, SUP-65924 and SDR-65925 [PRJ-65262]


Conditions Page Two
September 13, 2016 - Planning Commission Meeting

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-65925 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Variance (VAR-65923)


and Special Use Permit (SUP-65924) 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 08/02/16, except as amended by conditions herein.

4.

The trash enclosures shall be constructed in accordance with Title 19.08.

5.

All mechanical and electrical equipment shall be screened in accordance with Title 19.08.

6.

In accordance with Title 19.08, a six to eight-foot tall perimeter wall shall be constructed
along the south property line adjacent to the existing residential properties.

7.

A Waiver from Title 19.08 is hereby approved, to allow zero-foot landscape buffers along
the east, west, and south property line.

NE

VAR-65923, SUP-65924 and SDR-65925 [PRJ-65262]


Conditions Page Three
September 13, 2016 - Planning Commission Meeting

8.

An Exception from Title 19.08 is hereby approved, to allow five trees in the north
perimeter landscape buffer where a total of 43 trees are required in the north, south, east,
and west perimeter landscape buffers; to provide landscape islands with trees and shrubs at
the end of two rows of parking where a landscape island with trees and shrubs are required
at the end of each row of parking; and to provide eight landscape trees within the parking
lot where 16 was the minimum required.

9.

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

10. These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
11. The applicant shall coordinate with the City Surveyor and other city staff to determine the
most appropriate mapping action necessary to consolidate the two 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: four (4), five-gallon shrubs for every 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.
14. All City Code requirements and design standards of all City Departments must be satisfied,
except as modified herein.

Public Works
15. A Parcel Map, such as PMP-66184, shall record prior to the issuance of permits for the
purpose of combining the two lots which this development encompasses.
16. Grant a Public Pedestrian Access Easement for any sidewalk outside the public right-ofway prior to issuance of permits for this site.

NE

VAR-65923, SUP-65924 and SDR-65925 [PRJ-65262]


Conditions Page Four
September 13, 2016 - Planning Commission Meeting

17.

Correct all Americans with Disabilities Act (ADA) deficiencies on the sidewalks adjacent
to this site, if any, in accordance with code requirements of Title 13.56.040 to the
satisfaction of the City Engineer concurrent with development of this site.

18. Remove the proposed tree from the existing public sewer easement granted by 755:714370
and 755:714375. Alternatively, prior to the issuance of any permits, vacate a portion of
this easement as it is no longer needed beyond the existing public sewer manhole.
19. Maintain drivable access to the existing sewer manhole located within the onsite sewer
easement. No buildings, trees or landscaping over 3-feet tall shall be allowed within the
easement.
20. Unless otherwise allowed by the City Engineer, construct sidewalk on at least one side of
all access drives connecting this site to the adjacent public streets concurrent with
development of this site. The connecting sidewalk shall extend from the sidewalk on the
public street to the first intersection of the on-site roadway network and shall be terminated
on-site with a handicap ramp.
21. 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.
22. Obtain an Occupancy Permit from the Nevada Department of Transportation (NDOT) for
all driveways or other private improvements in the West Sahara Avenue public right-ofway, if any, adjacent to this site prior to constructing any improvements within NDOT
jurisdiction.
23.

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.

NE

VAR-65923, SUP-65924 and SDR-65925 [PRJ-65262]


Staff Report Page One
September 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant has proposed a 7,800 square-foot commercial building with a 1,000 square-foot
outdoor patio to house a Banquet Facility and an Instructional Arts Studio (Dance Studio) on a
vacant, undeveloped lot located at 4545 West Sahara Avenue.
ISSUES
x
x
x
x

A Variance has been requested to allow a zero-foot side setback where ten feet is required.
Staff does not support the request.
A Special Use Permit has been requested for an Alternative Parking Standard to allow 47
parking spaces where 54 parking spaces is the minimum required. Staff does not support the
request.
The applicant has requested a Waiver to allow zero-foot landscape buffers along the east,
west, and south property lines where eight feet is required. Staff does not support the request.
An Exception is required to allow for no perimeter trees along the east, west, and south
property lines; and to allow a reduced number of parking lot islands and trees. Staff does not
support the request.

ANALYSIS
The applicant has proposed a 7,800 square-foot commercial building with a 1,000 square-foot
outdoor patio. The 24-foot tall single-story structure has been designed to house a Banquet
Facility and a Dance Studio. Positioned on the far north end of the subject site, the applicant has
requested a Variance to allow a zero-foot setback for the west side of the building where ten feet
is required, and a Waiver to provide no landscape buffers along the east, west, and south
property lines where a minimum of eight feet is required. Landscape buffers provide noise
mitigation and minimize the impact a commercial project has on an existing residential
development. Directly adjacent to the proposed site on the south is an existing residential
development. Not providing the required landscape buffer along the south perimeter exposes this
existing residential neighborhood to parking lot traffic and errant lighting and noise. Landscape
buffers are required in order to mitigate these impacts on residents that abut commercial
development. In addition, constructing a building next to a retaining wall while providing no
landscape buffers along the east and west property lines adjacent to existing commercial
developments does not nurture the intent of commercial development standards set forth by Title
19 which states, to encourage sensitive design and planning of commercial and industrial
development which enhances compatibility between the built environment and the natural
environment and it will not negatively impact the use and enjoyment of adjacent and neighboring
NE

VAR-65923, SUP-65924 and SDR-65925 [PRJ-65262]


Staff Report Page Two
September 13, 2016 - Planning Commission Meeting

properties. Staff finds the proposed development to be too intense for the subject site and will
negatively impact the existing commercial developments to the east and west, and the existing
residential neighborhood to the south. Staffs finds the subject site to be overdeveloped and is
recommending denial of the side setback Variance, the Alternative Parking Standard (Special
Use Permit), and the Site Development Plan Review with Waivers and Exceptions.
The proposed floor plan includes a 2,250 square-foot banquet room with a 616 square-foot
performance platform in the northern portion of the building. The banquet portion of the facility
has access to a 1,000 square-foot outdoor patio located on the front elevation of the proposed
building. The banquet area also includes a sound and lighting room, a bar with bar storage, and
an office. Restrooms have been centrally located between the proposed Banquet Facility and the
Dance Studio with access provided for to both uses. The remaining northern portion of the
building is dedicated to the dance studio. The dance studio consists of three instructional rooms,
a lobby, a small storage area, and a multi-purpose room. Primary access to both the Banquet
Facility and Dance Studio is from the east faade of the building. Separate entryways are
dedicated for each use.
In lieu of the traditional landscape islands parallel to the parking spaces, the applicant has
proposed an alternative island option that includes diamond shaped landscape islands positioned
in the center of two rows of parking spaces. Title 19.08.110 states, alternative landscape
island configurations may be approved as part of a Site Development Plan Review provided the
design achieves the planting requirements The proposed alternative landscape island
configuration does not achieve the required planting requirements as the subject site is required
to provide 16 trees in the parking lot where the applicant has only proposed half, or eight trees
for the entire parking lot. Staff does not support this request and is recommending denial of this
request.
As a result of the requested landscape buffer Waiver, and requested Exception of required
landscape parking lot islands and associated trees and shrubs, the proposed site is severely
deficient in required landscape buffers, islands, and trees. The applicant is requesting to plant a
total of 13 trees where 59 trees are required throughout the site. The lack of landscape materials
contributes to the heat island effect felt here in the valley, and creates an environment that lacks
visual interest and is unsightly.
The applicant is requesting the approval of a Special Use Permit (SUP-65924) for an Alternative
Parking StandardParking Demand Analysis. According to Title 19, Where the unique
operation of a particular use creates a lesser parking demand than the parking requirements
otherwise applicable under this Subsection and LVMC Chapter 19.12, an alternative parking
standard for the use may be established in conjunction with the submittal of a Parking Demand
Analysis. In order to qualify for consideration, a Parking Demand Analysis must be signed and
sealed by a professional traffic engineer, must document the weekday and weekend peak parking
demand for the proposed use(s) for the site, and must provide justification for the alternative
parking standard. The request for an alternative parking standard pursuant to this Subparagraph:
NE

VAR-65923, SUP-65924 and SDR-65925 [PRJ-65262]


Staff Report Page Three
September 13, 2016 - Planning Commission Meeting

x
x

Shall follow the process for a Special Use Permit application under LVMC 19.16.0110,
to the extent the process can be made applicable.
May be approved as requested, or as modified, and may be made subject to conditions if
the Planning Commission or City Council, as the case may be, determines that approval
of the alternative parking standard is warranted.

One of the purposes and intent of Title 19 is to prevent the impacts of both overcrowding of
land and undue concentrations of population Staff finds the proposed development is too
intense for the subject site and will result in an overbuilt site with insufficient parking and little
to no landscaping. For this reason staff is recommending denial of this application and the
associated applications as well.

FINDINGS (VAR-65923)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council,
in considering the merits of a Variance request, shall not grant a Variance in order to:
1.
2.
3.

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
as to relieve the difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected natural resources
and without substantially impairing the intent and purpose of any ordinance or
resolution.
No evidence of a unique or extraordinary circumstance has been presented, in that the applicant
has created a self-imposed hardship by proposing to construct a building on the property line.
Alternative site design would allow conformance to the Title 19 requirements for side setbacks in
the C-1 (Limited Commercial) zone. In view of the absence of any hardships imposed by the
sites physical characteristics, it is concluded that the applicants hardship is preferential in
nature, and it is thereby outside the realm of NRS Chapter 278 for granting of Variances. Staff is
recommending denial of this request.

NE

VAR-65923, SUP-65924 and SDR-65925 [PRJ-65262]


Staff Report Page Four
September 13, 2016 - Planning Commission Meeting

FINDINGS (SUP-65924)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
1.

The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
With a zero-foot side setback for the proposed building, and a parking lot that does not
meet the minimum requirements of Title 19.12 for the proposed uses, staff finds the
proposed land uses will not be able to be conducted in a harmonious or compatible manner
with the existing surrounding land uses.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The subject site is not physically suitable for the type and intensity of land use proposed as
evidenced by the side setback Variance, Special Use Permit for an Alternative Parking
Standard, the Waivers for zero-foot landscape buffers, and the Exception requested for
required landscape and buffer trees. The applicants design proposal is too intense for the
subject site, which would result in a site that will be overbuilt.

3.

Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
Sahara Avenue is a 100-foot Primary Arterial as defined by the Master Plan of Streets and
Highways. Sahara Avenue is adequate in size to meet the requirements of the proposed
uses.

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 General Plan serves as a guideline and framework for the zoning and regulatory
provisions of Title 19. With respect to the Land Use Element of the General Plan, there are
goals, objectives and provisions for use categories and density ranges, but also for the
achievement of other planning objectives such as appropriate mixing and buffering of uses
to ensure overall compatibility. The approval of an Alternative Parking Standard does not
support the minimum requirements of Title 19, which are the minimum requirements
adopted for the promotion of the public health, safety and general welfare.

5.

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

NE

VAR-65923, SUP-65924 and SDR-65925 [PRJ-65262]


Staff Report Page Five
September 13, 2016 - Planning Commission Meeting

The combined minimum parking requirements for the proposed Banquet Facility and the
General Personal Service [Instructional Arts Studio (Dance Studio)] exceed what is
available on the proposed site plan, and does not meet the minimum parking requirements
set forth by Title 19.12 resulting in a request for an Alternative parking Standard.

FINDINGS (SDR-65925)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E) the
Planning Commission and/or City Council must affirm the following:
1.

The proposed development is compatible with adjacent development and


development in the area;
If approved, The proposed development would have a zero-foot setback to the west, and
provide no perimeter landscape buffers for the existing commercial developments to the
east and west. The applicant has also requested a Waiver to allow for a zero-foot landscape
buffer adjacent to existing detached single family residences to the south. The applicant
has proposed to abut customer parking directly adjacent to the rear yard walls of these
single family residences. In addition, the applicant has requested numerous Exceptions to
allow for a total of 13 trees through the entire site, where a minimum of 59 trees is
required. Trees play an important role in mitigating noise and light to adjacent neighboring
properties, both commercial and residential. The proposed development is not compatible
with the existing adjacent development in the area.

2.

The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other dulyadopted city plans, policies and standards;
The proposed development is not consistent with Title 19 as evidenced by the need for a
side setback Variance, an Alternative Parking Standard (Special Use Permit), and
numerous Waivers and Exceptions in order to provide little to no landscaping along the
perimeters of the subject site and in the parking lot.

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
Site access is provided by Sahara Avenue, a 100-foot Primary Arterial as defined by the
Master Plan of Streets and Highways, and provides adequate site access. Site circulation is
limited, as vehicular traffic is unable to continuously flow through the site and exit.

4.

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

NE

VAR-65923, SUP-65924 and SDR-65925 [PRJ-65262]


Staff Report Page Six
September 13, 2016 - Planning Commission Meeting

The applicant has proposed to construct the building out of split-face charcoal gray CMU
with dark burgundy stucco and wood plank accents. For landscape materials, the applicant
has proposed the Desert Willow and Texas Honey Mesquite tree, with Silver Cloud Texas
Sage, Desert Cassia, and a Rosemary hedge for shrubbery. All of which are appropriate
materials for a desert climate.
5.

Building elevations, design characteristics and other architectural and aesthetic


features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;
The proposed site and landscape plan does not depict an aesthetically pleasing
environment as the applicant has proposed to overbuild the subject site and provide the
residents of Las Vegas a development consisting of a building surrounded by asphalt. The
applicant has proposed to install a total of 13 trees throughout the entire site where a
minimum of 59 trees is the minimum required by Title 19. In addition, constructing a
building on the property line and providing for no landscape buffers to the east or west
does not create an environment where this development will be harmonious or compatible
with the existing commercial to the east and west of the subject site. The subject site also
abuts a residential neighborhood to the south, where the applicant has requested to provide
no landscape buffer for these residents to the south as well, providing them no buffer from
light and sounds of a parking lot escaping the subject site and invading their residential
neighborhood. The residents who directly abut the subject site will have customer parking
adjacent to their rear yard walls.

6.

Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
If approved, the proposed development would be subject to building permit review and
regular inspections during the construction phase; protecting the health, safety and general
welfare of the public.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
Code Enforcement processed a complaint (#15978) for a vacant lot containing
06/04/04
trash and debris, and weeds at 4545 West Sahara Avenue. The case was
resolved on 07/06/04.
Code Enforcement processed a complaint (#42785) for a vacant lot containing
06/02/06
trash and debris, and vagrant camps at 4545 West Sahara Avenue. The case
was resolved on 12/18/09.

NE

VAR-65923, SUP-65924 and SDR-65925 [PRJ-65262]


Staff Report Page Seven
September 13, 2016 - Planning Commission Meeting

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


Code Enforcement processed a complaint (#52389) for graffiti at 4545 West
04/20/07
Sahara Avenue. The case was resolved on 04/25/07.
Code Enforcement processed a complaint (#126905) for graffiti at 4545 West
03/28/13
Sahara Avenue. The case was resolved on 04/04/13.
Code Enforcement processed a complaint (#148040) for a vacant lot
containing trash and debris, and a television at 4545 West Sahara Avenue.
11/12/14
The case was resolved on 12/02/14.
Code Enforcement processed a complaint (#152974) for graffiti on the block
04/09/15
walls at 4545 West Sahara Avenue. The case was resolved on 06/27/15.

Most Recent Change of Ownership


12/16/13
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A demolition building permit (#25740) was issued for 4545 West Sahara
08/24/04
Avenue. The permit received its final inspection on 10/08/04.
A demolition building permit (#38868) was issued for 4545 West Sahara
03/23/05
Avenue. The permit expired on 09/23/05.

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal requirements
06/21/16
for a Variance, Special Use Permit, and Site Development Plan Review were
discussed.

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

Field Check
08/04/16

Staff performed a routine field check where a vacant, undeveloped lot was
observed. The subject site was secured with chain link topped with barbed
wire. Graffiti was observed along the interior of the rear wall.

Details of Application Request


Site Area
Net Acres
0.83

NE

VAR-65923, SUP-65924 and SDR-65925 [PRJ-65262]


Staff Report Page Eight
September 13, 2016 - Planning Commission Meeting

Surrounding
Property
Subject Property

North

South

West

East

Existing Land Use


Per Title 19.12

Planned or Special
Land Use Designation

Existing Zoning District

Undeveloped

MXU (Mixed Use)

C-1 (Limited
Commercial)

MXU (Mixed Use)

C-1 (Limited
Commercial)

L (Low Density
Residential)

R-1 (Single Family


Residential)

MXU (Mixed Use)

C-1 (Limited
Commercial)

MXU (Mixed Use)

C-1 (Limited
Commercial)

Restaurant
Liquor
Establishment
(Tavern)
General Retail Store,
Other Than Listed
Single Family
Residential,
Detached
General Personal
Service
Laundry, SelfService
General Retail Store,
Other Than Listed
Employment
Agency
Liquor
Establishment
(Tavern)
Massage
Establishment
General Personal
Service
Office, Other Than
Listed
General Retail Store,
Other Than Listed

Master Plan Areas


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

Compliance
N/A
Compliance
N/A

NE

VAR-65923, SUP-65924 and SDR-65925 [PRJ-65262]


Staff Report Page Nine
September 13, 2016 - Planning Commission Meeting

Other Plans or Special Requirements


Compliance
Trails
N/A
Las Vegas Redevelopment Plan Area Redevelopment Area 2
N*
Project of Significant Impact (Development Impact Notification Assessment)
Y
Project of Regional Significance
Y
*Goal and Objective Number Two (2) of the City of Las Vegas Redevelopment Plan for
Redevelopment Area 2 states, to achieve an environment reflecting a high level of concern for
architectural, landscape, and urban design and land use principles appropriate for attainment of
the objectives of the Redevelopment Plan. The lack of required landscape buffers, parking lot
landscape islands, and the required trees and shrubs for each do not support Goal and Objective
Number Two (2)for Redevelopment Area 2.

DEVELOPMENT STANDARDS
Pursuant to 19.08, the following standards apply:
Standard
Required/Allowed
Min. Lot Width
100 Feet
Min. Setbacks
x Front
10 Feet
x Side
10 Feet
x Corner
10 Feet
20 Feet
x Rear
Max. Lot Coverage
50 %
Max. Building Height
63 Feet**
Screened, Gated, w/
Trash Enclosure
a Roof or Trellis

Provided
100 Feet

Compliance
Y

15 Feet
Y
0 Feet
N*
N/A
N/A
190 Feet
Y
22 %
Y
24 Feet
Y
Not
Y***
Addressed
Not
Addressed
Mech. Equipment
Screened
Y***
*The applicant has requested a Variance to allow for a zero-foot side setback where ten feet is
required.
**Residential Adjacency Standards
***The applicant did not indicate on the plans whether or not the trash enclosure will be
screened, gated, with a roof or trellis, and whether or not if the mechanical is screened. A
Condition of Approval has been added to ensure compliance with Title 19.

NE

VAR-65923, SUP-65924 and SDR-65925 [PRJ-65262]


Staff Report Page Ten
September 13, 2016 - Planning Commission Meeting

Pursuant to Title 19.08, the following standards apply:


Landscaping and Open Space Standards
Required
Provided
Compliance
Standards
Ratio
Trees
Buffer Trees:
x North
1 Tree / 20 Linear Feet
4 Trees
5 Trees
Y
x South
1 Tree / 20 Linear Feet
5 Trees
0 Trees
N*
x East
N*
1 Tree / 20 Linear Feet
17 Trees
0 Trees
x West
N*
1 Tree / 20 Linear Feet
17 Trees
0 Trees
TOTAL PERIMETER TREES
43 Trees
5 Trees
N*
1 Tree / 6 Uncovered
Spaces, plus 1 tree at the
Parking Area Trees
16 Trees
8 Trees
N*
end of each row of spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
x North
15 Feet
15 Feet
Y
x South
8 Feet
0 Feet
N**
x East
8 Feet
0 Feet
N**
8 Feet
0 Feet
N**
x West
Wall Height
6 to 8 Feet Adjacent to Residential
Not Indicated
Y***
*The applicant is requesting an Exception to provide 13 trees where 59 trees are required in the
landscape buffer areas and parking lot.
**The applicant is requesting a Waiver to allow for a zero-foot landscape buffer along the east,
west, and south property line where eight feet landscape buffers are required.
***Staff observed an existing wall along the south property line, adjacent to residential, but was
unable to confirm the wall height due to the subject being secured with chain link fencing. A
Condition of Approval has been added to ensure compliance with Title 19.08.

Street Name

Functional
Classification of
Street(s)

Sahara Avenue

Primary Arterial

Governing Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Master Plan of Streets


and Highways

100

NE

VAR-65923, SUP-65924 and SDR-65925 [PRJ-65262]


Staff Report Page Eleven
September 13, 2016 - Planning Commission Meeting

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Banquet
3,700 SF
1:100
37
Facility
General
Personal
Studio
4,100 SF
1:250
17
(Instructional
Arts StudioDance Studio)
54
47
N*
TOTAL SPACES REQUIRED
51
3
45
2
N*
Regular and Handicap Spaces Required
Percent Deviation
13%
*The applicant is requesting an Alternative Parking Standard (SUP-65924) to allow 47 parking
spaces where 54 are required.

Waivers
Requirement
Eight-foot landscape buffer
along the east, west, and south
property line.

Exceptions
Requirement
A total of 43 trees are required
for the landscape buffers.
Landscape islands shall be
provided for at the end of each
row of parking spaces.
A total of 16 trees are required
for the parking lot landscape
islands.

Request
Zero-foot landscape buffer along
the east, west, and south
property line.

Staff Recommendation

Request
To provide five trees in the north
perimeter landscape buffer.
To provide landscape islands at
the end of two rows of parking
where there are seven rows of
parking.

Staff Recommendation

To provide eight trees in the


parking lot landscape islands.

Denial

Denial

Denial

Denial

NE

A 7 7 A

A 7 7 A b A 7

VAR-65923

b 7 7

A 7 7 7 7

777
77A 7 7 7 7
77 777

7777 7+ 777 777 777b 7b 7


7b 7777 77 77777 7
777777 77777 77
777777 77

7 7

77777 777b 7b 777b 7 7


7777 77777 7 77b 7 7
77 A 777A 77 7777 777
777 777
b 7 7 7
7
A 77

77 77

A 7

777777b 77

77 77
A 7 7
7A 7 777

VAR-65923

7
7
7

777
777

777

777

b7777

777

777

A7

A7777b7

A7

7777b7

7
7

77777777 7
77
7A
77
7b7

7 7

7

A7

77

7
7777
7
7A7

77

77

77

77
77

77

A7

b777777b

A777b

7b77

A77
77

/7b

b
7

7
7

77

7
7 7 7 777

7
77

77

7
77

7
77

bA77777

777

A7

7
77 7777

7
77

7
77

A7

7
777

77

7b
7

7
7

7
777777 7

A77

77A7

7
777

VAR-65923, SUP-65924 and SDR-65925

.7

777A7

77777
A7777

77

7777777A7

7777b

7
7
7

A77

7b777b
7777b

777
77
7777 %7

777b7

7b777b

7
7b77

7
7b77

7
7 7 7 777

#7

7
7
7

777
b7777
777

777

A7

A7777b7

7
7

777
777

A7

77

7
A7

777

7
7

7777b7

7 7

7

77777777 7
77
7A
77
7b7

7
7777
7
7A7

77

77

77
77
77

77

77

A7

b777777b

A777b

7b77

A77
77

%7b

b
7

7
7

77

7
77

77

7
77

7
77

bA77777

77b7

A7

7
77 7777

7
77

7
77

A7

7
777

77

7b
7

7
7

7
777777 7

A77

77A7

7
777

VAR-65923, SUP-65924 and SDR-65925

777A77

77777
A777

7
7

77

7777777A7

7777b

7
7 7 7 777

A77

7b777b
7777b

777
77
7777 %7

777b7

7b777b

7
7b77

7
7b77

7
7 7 7 777

b
7

77

77

77

7b
7

7
7

77

bA77777

777b777777
77777

77%7A7777777777777

7b77b7777777777
77777777777

7b777777777777777

7777777777777 7

7777b7777777777

bA777777

'777

777A77

VAR-65923, SUP-65924 and SDR-65925

77

7777777A7

7777

A77

7b777b
7777b

777
77
7777 %7

b
7

77

77

77

7b
7

7
7

77

bA77777

777b777777
77777

77%7A7777777777777

7b77b7777777777
77777777777

7b777777777777777

7777777777777 7

7777b7777777777

bA777777

'777

777A77

VAR-65923, SUP-65924 and SDR-65925

77

7777777A7

7777

A77

7b777b
7777b

777
77
7777 %7

7
77

A7
7

bA77777777

7%7b
b7

bA77777777

77

b7 7

A77
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7

b7777
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7

b7

b7
b7
b7
7
b7
b777

b7

%7
7

%777 %77777777777777777
7777
777
7 7
777777 7
77777
7 77
7 7

7
7b7
7
77
77
777
77
7
7
7
7
7
&7&7
7
77
77
7
77
7777
7%77
77
77

77
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7

7%7b
b7

b777
77
7
7A7777
7777
7A7777b7
777
A77 7
777
A77 77
A7A777777

A7

7777

A7

777
77bb77

&7%7
7&7
77777777
7777b&

7
7

77 777 777777777
7777 7
77
7777 7
77
7 %777 777777777
7777
7
77
77b7b77777

7 7%7
A777 7777
7

%7
7
7
7 7A
7
7
7
7 7A
7
7

7
7

777

7
7
A7

7
7
7

b77

7
7
7

b
b77
%7&7
%7A7

b7b7A

A7
7

7
77

7 7

bA777777777

bA77777777

7b

77

VAR-65923, SUP-65924 and SDR-65925

bA77777777

A77

A77

7
77
777 7

%7
7

A77

bA77777777

A77

7
7

7
7

7%7b
b7

7
7

77

7777777A7

A7
7

7
7

7
7

7
7

7
7
7
7
7
7

7
7
7
7

7
7

7
7
7
7
7
7

A77

7b777b
7777b

777
77
7777 %7

777

7
77

7
77
777 7

A7
7

%7
7

A7

7%7b
b7

77

A7
7

%7
7

7 7

7 7

bA777777777

bA77777777

7
7

7b

777

7
77

VAR-65923, SUP-65924 and SDR-65925

7%7b
b7

7
7

7
7

77

7777777A7

7%7b
b7

7
7

A7
7

7
7

7
7

7
7
7
7
7
7

7
7
7
7

7
7

7
7
7
7
7
7

A77

7b777b
7777b

777
77
7777 %7

777

7
77

A7
7

bA77777777

7%7b
b7

bA77777777

77

b7 7

A77
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7

b7777
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7

b7

b7
b7
b7
7
b7
b777

b7

%7
7

%777 %77777777777777777
7777
777
7 7
777777 7
77777
7 77
7 7

7
7b7
7
77
77
777
77
7
7
7
7
7
&7&7
7
77
77
7
77
7777
7%77
77
77

77
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7

7%7b
b7

b777
77
7
7A7777
7777
7A7777b7
777
A77 7
777
A77 77
A7A777777

A7

7777

A7

777
77bb77

&7%7
7&7
77777777
7777b&

7
7

77 777 777777777
7777 7
77
7777 7
77
7 %777 777777777
7777
7
77
77b7b77777

7 7%7
A777 7777
7

%7
7
7
7 7A
7
7
7
7 7A
7
7

7
7

777

7
7
A7

7
7
7

b77

7
7
7

b
b77
%7&7
%7A7

b7b7A

A7
7

7
77

7 7

bA777777777

bA77777777

7b

77

VAR-65923, SUP-65924 and SDR-65925

bA77777777

A77

A77

7
77
777 7

%7
7

A77

bA77777777

A77

7
7

7
7

7%7b
b7

7
7

77

7777777A7

A7
7

7
7

7
7

7
7

7
7
7
7
7
7

7
7
7
7

7
7

7
7
7
7
7
7

A77

7b777b
7777b

777
77
7777 %7

777

7b7777b7777b
77777
b7

77A7b77

77777777b777
7
7
A77

7.777

7 777777777777
b77.7.7b7777777777
777777A7777777777

A 
7 7
7
7
7
A
A77.7
.

77b77

77

VAR-65923, SUP-65924 and SDR-65925

VAR-65923 [PRJ-65262] VARIANCE RELATED TO SUP-65924 AND SDR-65925 - APPLICANT: NATHAN


STRAGER - OWNER: DAVID J TRUST WILLDEN, ET AL
4545 WEST SAHARA AVENUE
08/04/16

VAR-65923 [PRJ-65262] VARIANCE RELATED TO SUP-65924 AND SDR-65925 - APPLICANT: NATHAN


STRAGER - OWNER: DAVID J TRUST WILLDEN, ET AL
4545 WEST SAHARA AVENUE
08/04/16

VAR-65923 [PRJ-65262] VARIANCE RELATED TO SUP-65924 AND SDR-65925 - APPLICANT: NATHAN


STRAGER - OWNER: DAVID J TRUST WILLDEN, ET AL
4545 WEST SAHARA AVENUE
08/04/16

77A7A77
777777777777
7777777+7777777

7 7

77

77

b77777b77

7
7

7
77777777
77777777
77777777777

7
7
7

777777777777777777
7777777777777777
777777777777777777
77777777
777
7A7777777771777
7
77777777777777

777777771777777777
7777777777777777777
77
77777A71777777777
77777777

7777777777777777
7777777777777777
7177777777777A7
77777777777
7777777777
7777b77777777
777777777717777777
771777777777777
77777777777
77777777
77777777177777777777
777777777717777777
7777777777777
777777777
7777777777777777


77777777777777

7777777777777777
77777

VAR-65923, SUP-65924 and SDR-65925

777777A
777
b7777777777777777
177777777777771
777777777777777
77777777777777777777
77777717777777777
77777777777777777
777777717
'77b77777777777
77777777777777
7'7777777'777777'777
777777777777777777
7777'7777777777
777777777777777
7777777'7777777777
777777777777
7777
77777777777777'7
7777777777777777

77777777777777777
77777777777777777
77777777777777777
777777'777777777'7
7777777777
7
A777777777777
7
A7777777777777
7
A777777777777
7
A77'77777777777
7
A777777777777
7
A777777777777
777777777777777
7777'7
7
7777777777777777
777777
7
77717777777

VAR-65923, SUP-65924 and SDR-65925

777777A
777
b
77777777777777777
777777777717777
777777777777777
7777777A7777777
7777777
7A
7777777777777777
777777777777777
7b
777777777777777
7777
77b
777777777

777777777777777
77777777777777777
7777777777777
777777
77771777777777777
777777
777777

7
A7

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

VAR-65923, SUP-65924 and SDR-65925

Agenda Item No.: 81.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-65924 - SPECIAL USE PERMIT RELATED TO VAR-65923 - PUBLIC HEARING APPLICANT: NATHAN STRAGER - OWNER: DAVID J TRUST WILLDEN, ET AL - For
possible action on a request for a Special Use Permit FOR AN ALTERNATIVE PARKING
STANDARD TO ALLOW 47 PARKING SPACES WHERE 54 SPACES ARE REQUIRED
FOR A PROPOSED 7,800 SQUARE-FOOT BANQUET FACILITY AND GENERAL
PERSONAL SERVICE [DANCE STUDIO] on 0.83 acres at 4545 West Sahara Avenue (APNs
162-07-101-005 and 006), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ-65262].
Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

A 7 7 A

A 7 7 A b A 7

SUP-65924

b 7 7

A 7 7 7 7

777
77A 7 7 7 7
77 777

7777 7+ 777 777 777b 7b 7


7b 7777 77 77777 7
777777 77777 77
777777 77

7 7

77777 777b 7b 777b 7 7


7777 77777 7 77b 7 7
77 A 777A 77 7777 777
777 777
b 7 7 7
7
A 77

77 77

A 7

777777b 77

77 77
A 7 7
7A 7 777

SUP-65924

Agenda Item No.: 82.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SDR-65925 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-65924 AND VAR65923 - APPLICANT: NATHAN STRAGER - OWNER: DAVID J TRUST WILLDEN, ET AL
- For possible action on a request for a Site Development Plan Review FOR A PROPOSED
7,800 SQUARE-FOOT COMMERCIAL BUILDING WITH A 1,000 SQUARE-FOOT PATIO
WITH WAIVERS TO ALLOW A ZERO-FOOT WIDE SIDE AND REAR YARD
LANDSCAPE BUFFER WHERE EIGHT FEET IS REQUIRED ALONG THE EAST, WEST
AND SOUTH PERIMETERS on 0.83 acres at 4545 West Sahara Avenue (APNs 162-07-101005 and 006), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ-65262]. Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

A 7 7 A

A 7 7 A b A 7

SDR-65925

b 7 7

A 7 7 7 7

777
77A 7 7 7 7
77 777

7777 7+ 777 777 777b 7b 7


7b 7777 77 77777 7
777777 77777 77
777777 77

7 7

77777 777b 7b 777b 7 7


7777 77777 7 77b 7 7
77 A 777A 77 7777 777
777 777
b 7 7 7
7
A 77

77 77

A 7

777777b 77

77 77
A 7 7
7A 7 777

SDR-65925

Agenda Item No.: 83.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-65942 - VARIANCE - PUBLIC HEARING - APPLICANT: PN II, INC - OWNER: GHR
HOLDINGS, LLC - For possible action on a request for a Variance TO ALLOW A STUB
STREET TERMINUS WHERE A CUL-DE-SAC IS REQUIRED AND TO ALLOW A
DEVIATION FROM COMPLETE STREET STANDARDS FOR A PROPOSED 16-LOT
RESIDENTIAL SUBDIVISION on 10 acres on the north side of Rosada Way, approximately
320 feet west of Tee Pee Lane (APN 125-31-701-005), R-E (Residence Estates) Zone, Ward 6
(Ross) [PRJ-63142]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-65942, WVR-65940, WVR-65941 and TMP-65943 [PRJ63142]
2. Conditions and Staff Report - VAR-65942, WVR-65940, WVR-65941 and TMP-65943 [PRJ63142]
3. Supporting Documentation - VAR-65942, WVR-65940, WVR-65941 and TMP-65943 [PRJ63142]
4. Photo(s) - VAR-65942, WVR-65940, WVR-65941 and TMP-65943 [PRJ-63142]
5. Justification Letter - VAR-65942, WVR-65940, WVR-65941 and TMP-65943 [PRJ-63142]

VAR-65942, WVR-65940, WVR-65941, VAC-66114 and TMP-65943 [PRJ-63142]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: PN II, INC - OWNER: GHR HOLDINGS, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-65942
WVR-65940
WVR-65941
VAC-66114
TMP-65943

REQUIRED FOR
APPROVAL

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

to
to

VAR-65942

to

VAR-65942
WVR-65940

to

VAR-65942
WVR-65940
WVR-65941
VAC-66114

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

85 VAR-65942 and WVR-65940


85 WVR-65941 and TMP-65943
1 VAC-66114

APPROVALS

0 VAR-65942 and WVR-65940


0 WVR-65941 and TMP-65943
0 VAC-66114

PROTESTS

0 VAR-65942 and WVR-65940


0 WVR-65941 and TMP-65943
0 VAC-66114

JB

VAR-65942, WVR-65940, WVR-65941, VAC-66114 and TMP-65943 [PRJ-63142]


Conditions Page One
September 13, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-65942 CONDITIONS
Planning
1.

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

2.

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

3.

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

4.

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

Public Works

5.

Sign and record a Covenant Running with Land Agreement for half street improvements
not constructed at this time on Washburn Road and Rosada Way. Extend all required
underground utilities, such as electrical, telephone, etc., located within public rights-ofway, past the boundaries of this site prior to construction of hard surfacing (asphalt or
concrete).

6.

A Homeowners Association (HOA) must be created to maintain all unimproved rights-ofway and public easements within the limits of this site. Alternatively, each individual lot
owner must maintain the unimproved public right-of-way for the full frontage of the
associated lot and the each individual lot owner must maintain the public easements
associated with each lot.

JB

VAR-65942, WVR-65940, WVR-65941, VAC-66114 and TMP-65943 [PRJ-63142]


Conditions Page Two
September 13, 2016 - Planning Commission Meeting

7.

Submit an Encroachment Agreement for landscaping, private improvements, and


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

WVR-65940 CONDITIONS
Planning
1.

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

2.

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

3.

A Waiver from of Title 19.02.240 to allow no street lighting where such is required is
approved.

4.

A Waiver from of Title 19.02.140.A to allow an intersection offset of 100 feet where 220
feet is required is approved.

5.

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

6.

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

JB

VAR-65942, WVR-65940, WVR-65941, VAC-66114 and TMP-65943 [PRJ-63142]


Conditions Page Three
September 13, 2016 - Planning Commission Meeting

Public Works
7.

The installation of streetlights shall be deferred provided that exterior street lighting shall
be stubbed out for later use, including all necessary underground improvements including
conduit and pull boxes at each future streetlight location, and the developer shall provide to
the City such streetlights for future installation. Alternatively, monies in lieu of such
deferred streetlights, including foundations, may be contributed to the City if allowed by
the Department of Public Works. The contributed amount shall be based on the Citys
current bond schedules for all streetlights and associated infrastructure deferred by this
action adjacent to this site. If no curb or gutter is required, the street light contribution
amount shall include the cost of constructing the underground infrastructure for the
standard streetlight construction on Rosada Way and Washburn Road.

WVR-65941 CONDITIONS
Planning
1.

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

2.

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

3.

A Waiver from of Title 19.04.070 to allow private streets to be developed to non-public


street standards behind a gate is approved.

4.

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

5.

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

JB

VAR-65942, WVR-65940, WVR-65941, VAC-66114 and TMP-65943 [PRJ-63142]


Conditions Page Four
September 13, 2016 - Planning Commission Meeting

VAC-66114 CONDITIONS
Planning
1.

The limits of this Petition of Vacation shall be the U.S. Government Patent Easements
located along the 60-foot wide Park Street alignment bisecting the center of Assessor
Parcel Number 125-31-701-005 as shown on the submitted exhibit for property generally
located on the south side of Washburn Road, west of Tee Pee Lane.

2.

The Order of Relinquishment shall record immediately prior to the Final Map for this site.

3.

All public improvements, if any, adjacent to and in conflict with this vacation application
are to be modified, as necessary, at the applicant's expense prior to the recordation of an
Order of Vacation.

4.

The Order of Relinquishment of Interest shall not be recorded until all of the conditions of
approval have been met provided, however, the conditions requiring modification of public
improvements may be fulfilled for purposes of recordation by providing sufficient security
for the performance thereof in accordance with the Subdivision Ordinance of the City of
Las Vegas. City Staff is empowered to modify this application if necessary because of
technical concerns or because of other related review actions as long as current City rightof-way requirements are still complied with and the intent of the vacation application is not
changed. If applicable, a five foot wide easement for public streetlight and fire hydrant
purposes shall be retained on all vacation actions abutting public street corridors that will
remain dedicated and available for public use. Also, if applicable and where needed, public
easement corridors and sight visibility or other easements that would/should cross any
right-of-way being vacated must be retained.

5.

All development shall be in conformance with code requirements and design standards of
all City Departments.

6.

If the Order of Vacation (or Order of Relinquishment of Interest if a Patent Reservation) is


not recorded within one (1) year after approval by the City of Las Vegas or an Extension of
Time is not granted by the Planning Director, then approval will terminate and a new
petition must be submitted.

JB

VAR-65942, WVR-65940, WVR-65941, VAC-66114 and TMP-65943 [PRJ-63142]


Conditions Page Six
September 13, 2016 - Planning Commission Meeting

TMP-65943 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Variance (VAR-65942),


Waiver (WVR-65940), Waiver (WVR-65941) and Vacation (VAC-66114) shall be
required, if approved.

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 with four (4)
years of the approval of the Tentative Map, this action is void.

3.

Street names must be provided in accordance with the City of Las Vegas Street Naming
and Address Assignment Regulations, 2009 Edition.

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 common-interest


community, and prior to recordation of the Covenants, Codes and Restrictions (CC&R),
or conveyance of any unit within the community, the Developer is required to record a
Declaration of Private Maintenance Requirements (DPMR) as a covenant on all
associated properties, and on behalf of all current and future property owners. The DPMR
is to include a listing of all privately owned and/or maintained infrastructure improvements,
along with assignment of maintenance responsibility for each to the common interest
community or the respective individual property owners, and is to provide a brief
description of the required level of maintenance for privately maintained components. The
DPMR must be reviewed and approved by the City of Las Vegas Department of Field
Operations prior to recordation, and must include a statement that all properties within the
community are subject to assessment for all associated costs should private maintenance
obligations not be met, and the City of Las Vegas be required to provide for said
maintenance. Also, the CC&R are to include a statement of obligation of compliance with
the DPMR. Following recordation, the Developer is to submit copies of the recorded
DPMR and CC&R documents to the City of Las Vegas Department of Field Operations.

6.

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

JB

VAR-65942, WVR-65940, WVR-65941, VAC-66114 and TMP-65943 [PRJ-63142]


Conditions Page Seven
September 13, 2016 - Planning Commission Meeting

Public Works

7.

A Petition of Vacation, such as VAC-66114, to eliminate the U.S. Government Patent


Easements within this site shall record immediately prior to the Final Map for this site.

8.

Dedicate 30-feet of right-of-way for Washburn Road and 30-feet for Rosada Way on the
Final Map for this site.

9.

Provide proof of legal access and construction rights on the south side of Rosada Way on
Assessors Parcel Number (APN) #125-31-701-011 adjacent to this site. Prepare a
Declaration of Utilization to utilize existing Bureau of Land Management (BLM) patent
easements for sewer and roadway construction requirements on the south side of Rosada
Way.

10.

Construct half street improvements on Washburn Road and Rosada Way meeting complete
street standards including overpaving and transition paving where legally able concurrent
with the development of this site. All existing paving damaged or removed by this
development shall be restored at its original location and to its original width concurrent
with development of this site. Improvements on Washburn Road and Rosada Way may be
modified through the approval of WVR-65941 and VAR-65942.

11.

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

12. Extend public sewer in Rosada Way to the west edge of this site at a depth and location
acceptable to the Sanitary Sewer Section of the Department of Public Works concurrent
with the development of this site.
13. Construct oversized sewer in Washburn Road adjacent to this site concurrent with the
required off-site improvements for Washburn Road. If Washburn Road off-site
improvements are deferred through VAR-65942, then the requirement for sewer
improvements in Washburn Road shall also be deferred.
14. All landscaping and private improvements installed with this project shall be situated and
maintained so as to not create sight visibility obstructions for vehicular traffic at all
development access drives and abutting street intersections.

JB

VAR-65942, WVR-65940, WVR-65941, VAC-66114 and TMP-65943 [PRJ-63142]


Conditions Page Eight
September 13, 2016 - Planning Commission Meeting

15. A working sanitary sewer connection shall be in place prior to final inspection of any units
within this development. Full permanent improvements on all major access streets,
including all required landscaped areas between the perimeter wall and adjacent public
street, shall be constructed and accepted by the City prior to issuance of any building
permits beyond 50% of all units within this development. All off-site improvements
adjacent to this site, including all required landscaped areas between the perimeter walls
and adjacent public streets, shall be constructed and accepted prior to issuance of building
permits beyond 75%. The above thresholds notwithstanding, all required Improvements
shall be constructed in accordance with Title19.02.130.D.
16. 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.
17. As per Unified Development Code (UDC) 19.16.060.G, all requirements must be complied
with or such future compliance must be guaranteed by an approved performance security
method in accordance with UDC sections 19.02.130.C and 19.02.130.E.
18. The approval of all Public Works related improvements shown on this Tentative Map is in
concept only. Specific design and construction details relating to size, type and/or
alignment of improvements, including but not limited to street, sewer and drainage
improvements, shall be resolved prior to approval of the construction plans by the City. No
deviations from adopted City Standards shall be allowed unless specific written approval
for such is received from the City Engineer prior to the recordation of a Final Map or the
approval of subdivision-related construction 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

VAR-65942, WVR-65940, WVR-65941, VAC-66114 and TMP-65943 [PRJ-63142]


Staff Report Page One
September 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
This is a request for a Tentative Map for a proposed 16-lot single-family residential subdivision,
on a 10-acre undeveloped site located on the south side of Washburn Road, approximately 320
feet west of Tee Pee Lane, within an R-E (Residence Estates) zoning district.
ISSUES
x
x
x
x
x

A Waiver (WVR-65490) of Title 19.02.240 and 19.01.140.A has been requested to allow no
streetlights where such are required and to allow an intersection offset of 100 feet where 220
feet is required. Staff does not support this request.
A Waiver (WVR-65941) of Title 19.04.070 private street requirements has been requested to
allow private streets to be developed to non-public street standards behind a gate. Staff does
not support this request.
A Variance (VAR-65942) of Title 19.04.100 has been requested to allow a stub street
terminus where a cul-de-sac is required, and to allow a deviation from complete street
standards where such is required. Staff does not support this request.
A Vacation (VAC-66114) has been requested to Vacate U.S. Government Patent Easements
on property located on the south side of Washburn Road, approximately 645 feet west of Tee
Pee Lane. Staff supports this request.
Access to the subdivision will be from Rosada Way, a 60-Foot Minor Collector Street as
designated by the Master Plan of Streets and Highways.

ANALYSIS
The subject site is 10-acres and is undeveloped, with existing residential development to the
north, south, east and west. The existing General Plan land use designation RNP (Rural
Neighborhood Preservation) has an allowable density of 2.00 dwelling units per gross acre,
which is compatible with the 16 dwellings which are proposed. Also, the minimum connectivity
score of 1.30 (links/nodes) outlined within Title 19.04.040 do not apply to developments within
the R-E Residence Estates zoning district. The proposed lots range in size from 20,001 square
feet to 21,137 square feet and exceed the 100-foot minimum lot width required by code. Site
access is proposed from Rosada Way with a 55-foot wide gated access that will serve this site.

JB

VAR-65942, WVR-65940, WVR-65941, VAC-66114 and TMP-65943 [PRJ-63142]


Staff Report Page Two
September 13, 2016 - Planning Commission Meeting

The applicant has requested a Waiver (WVR-65490) of Title 19.02.240 and 19.01.140.A to allow
no streetlights where such are required and to allow an intersection offset of 100 feet where 220
feet is required form the existing Park Street alignment located to the south of the subject site.
Additionally, a Waiver (WVR-65941) of Title 19.04.070 private street requirements has been
request to allow private streets to be developed to non-public street standards behind a gate. The
applicant has proposed to install 37-foot wide private streets with L-curb gutters and no sidewalk
where a 47-foot wide private street with a five-foot sidewalk is the minimum required. Also, a
Variance (VAR-65942) of Title 19.04.100 has been requested to allow a stub street terminus
where a cul-de-sac is required within the proposed residential subdivision, and to allow a
deviation from complete street standards where such is required. The applicant has proposed to
install no amenity zone and sidewalk along the Washburn Road and Rosada Way, which are
classified as 60-foot Minor Collector Streets and required installation of a 5-foot amenity zone
and five-foot sidewalk adjacent to the roadway. Lastly, a Vacation (VAC-66114) has been
requested to Vacate U.S. Government Patent Easements on property located on the south side of
Washburn Road, approximately 645 feet west of Tee Pee Lane.
The submitted east/west cross sections depict maximum natural grade greater than 2% across this
site. Per the Tables in Subdivision Code 19.06.050 a development with natural slope greater
than 2%, is allowed a maximum 6-foot retaining wall. Although not labeled, it appears that there
are two retaining walls approximately 6-feet in height. One is interior to the site and the other is
shown on the east property line. The submitted north/south cross section depicts maximum
natural grade less than 2% across this site. Per the Tables in Subdivision Code 19.06.050 a
development with natural slope less than 2%, is allowed a maximum 4-foot retaining wall. No
retaining walls are shown in the north/south cross section.
The Clark County School District was provided an opportunity to comment on the proposed
development. However, no comments were received that indicated either a favorable or unfavorable
review of the proposed residential project.
The City is currently working on building complete streets throughout the City. No unique or
extraordinary evidence has been presented to warrant the requested Waivers and Variance. As such,
the hardship is self-imposed and therefore, staff recommends denial of all associated applications
with this project, except for the proposed Vacation.

FINDINGS (VAR-65942)
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:

JB

VAR-65942, WVR-65940, WVR-65941, VAC-66114 and TMP-65943 [PRJ-63142]


Staff Report Page Three
September 13, 2016 - Planning Commission Meeting

1.
2.
3.

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
as to relieve the difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected natural resources
and without substantially impairing the intent and purpose of any ordinance or
resolution.
No evidence of a unique or extraordinary circumstance has been presented, in that the applicant
has created a self-imposed hardship by proposing to install a stub street terminus where a cul-desac is required and to not construct the required improvements associated with the rights-of-ways
along Washburn Road and Rosada Way. In view of the absence of any hardships imposed by the
sites physical characteristics, it is concluded that the applicants hardship is preferential in
nature, and it is thereby outside the realm of NRS Chapter 278 for granting of Variances.

FINDINGS (WVR-65940)
No substantial evidence has been presented to warrant the requested Waivers of Title 19.02.240
and 19.01.140.A to allow no streetlights where such are required and to allow an intersection
offset of 100 feet where 220 feet is required. Staff recommends denial of the request with
conditions.

FINDINGS (WVR-65941)
No substantial evidence has been presented to warrant the requested Waiver of Title 19.04.070
private street requirements to allow private streets to be developed to non-public street standards
behind a gate; staff recommends denial of the request with conditions.

JB

VAR-65942, WVR-65940, WVR-65941, VAC-66114 and TMP-65943 [PRJ-63142]


Staff Report Page Four
September 13, 2016 - Planning Commission Meeting

FINDINGS (VAC-66114)
The City of Las Vegas has no objection to the vacation application request to relinquish the
Citys interests in U.S. Government Patent Reservations generally located on the south side of
Washburn Road, west of Tee Pee Lane. This Vacation request should be sent to all the utilities
however, as no right-of-way is proposed to be vacated, and thus no franchise rights are involved,
it is not necessary to wait for responses from any of the public utilities or other parties interested
in preserving a right in this patent easement. Since only City interests are involved; any utility
companys interests will need to be addressed with each respective utility company and will not
be affected by the City relinquishing its interest. Furthermore, we recommend that this item be
declared Final Action at the Planning Commission.

FINDINGS (TMP-65943)
The proposed Tentative Map conforms to Nevada Revised Statute, however the applicant has
requested Waivers and Variances of Title 19.02 Subdivision Design and 19.04 Complete Street
development standards to allow a 37-foot private street where 47 feet is required, an intersection
offset of 100 feet where 220 feet is required no amenity zone improvements, sidewalk and
streetlights to the proposed development depicted on the submitted plans. Staff does not support
these request and recommends denial with conditions.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a Petition for Annexation (ANX-59278) of
09/02/15
approximately 95.54 acres generally located south of Ann Road and east of
Hualapai Way.

Most Recent Change of Ownership


Circa 01/88
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no related Building Permits/Business Licenses for the subject property.

JB

VAR-65942, WVR-65940, WVR-65941, VAC-66114 and TMP-65943 [PRJ-63142]


Staff Report Page Five
September 13, 2016 - Planning Commission Meeting

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the submittal
requirements for a Waiver, Waiver, Variance and Tentative Map applications;
07/28/16
for a proposed 16-lot residential subdivision.

Neighborhood Meeting
A neighborhood meeting is not required for this type of request nor was one held.

Field Check
08/04/16

During a routine site inspection staff observed that the subject site was an
undeveloped parcel of land with high weeds and shrubs throughout the site.

Details of Application Request


Site Area
Net Acres
10.00

Surrounding
Property
Subject Property

Existing Land Use


Per Title 19.12
Undeveloped

Undeveloped
North
Single-Family
Detached Dwelling

South

Undeveloped

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

Existing Zoning District


R-E (Residence Estates)

R-E (Residence Estates)


R-E (Rural Estates
Residential) Clark
County
R-E (Rural Estates
Residential) Clark
County

JB

VAR-65942, WVR-65940, WVR-65941, VAC-66114 and TMP-65943 [PRJ-63142]


Staff Report Page Six
September 13, 2016 - Planning Commission Meeting

Surrounding
Property

Existing Land Use


Per Title 19.12
Single-Family
Detached Dwelling

East

Single-Family
Detached Dwelling

Undeveloped
West
Single-Family
Detached Dwelling

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

Existing Zoning District


R-E (Rural Estates
Residential) Clark
County
R-E (Rural Estates
Residential) Clark
County
R-E (Rural Estates
Residential) Clark
County
R-E (Rural Estates
Residential) Clark
County

Master Plan Areas


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

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

DEVELOPMENT STANDARDS
Pursuant to Title 19.06.060 development standards, the following standards apply:
Existing Zoning
Permitted Density
Units Allowed
Units Provided
R-E (Residence Estates)
10.00 du/ac
20
16

JB

VAR-65942, WVR-65940, WVR-65941, VAC-66114 and TMP-65943 [PRJ-63142]


Staff Report Page Seven
September 13, 2016 - Planning Commission Meeting

Standard
Min. Setbacks:
x Front (public street)
x Front (private street)
x Side
x Rear
x Corner
x Maximum Height

Street Name

Required/Allowed

Provided

Compliance

50 Feet
30 Feet
10 Feet
35 Feet
15 Feet
35 Feet

N/A
30 Feet
10 Feet
35 Feet
15 Feet
N/A

Y
Y
Y
Y
Y
N/A

Functional
Classification of
Street(s)

Governing Document

Master Plan of Streets &


Highways
*See note on Streetscape Standards Table below
Rosada Way

Public Street

Actual
Street Width
(Feet)

Compliance
with Street
Section

60

Pursuant to Title 19.02 and 19.04, the following parking standards apply:
Streetscape Standards
Required
Provided
Compliance
60-foot wide right-of60-foot wide right-ofway, including amenity
way, no amenity zone,
Washburn Road
N*
zone, sidewalk and
sidewalk and
streetlights
streetlights
60-foot wide right-of60-foot wide right-ofway, including amenity
way, no amenity zone,
Rosada Way
N*
zone, sidewalk and
sidewalk and
streetlights
streetlights
47-foot wide right-of37-foot wide right-ofStreet A, B, D
way, including amenity
way, no amenity zone,
N*
(private streets)
zone, sidewalk and
sidewalk and
streetlights
streetlights
*The applicant has a requested a Variance (VAR-65942), Waiver (WVR-65940) and Waiver
(WVR-65941) to waive all Title 19.02 improvement requirements and 19.04 complete street
development standards associated with the insufficient right-of-way width, no sidewalk and
streetlight improvements along the proposed private streets and existing Washburn Road and
Rosada Way rights-of-way which surround the subject site.

JB

VAR-65942, WVR-65940, WVR-65941, VAC-66114 and TMP-65943 [PRJ-63142]


Staff Report Page Eight
September 13, 2016 - Planning Commission Meeting

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Single-Family
2 spaces
16 du
32
Detached
per du
32
32
Y
TOTAL SPACES REQUIRED
32
0
32
0
Y
Regular and Handicap Spaces Required

JB

VAR-65942

VAR-65942

VAR-65942, WVR-65940, WVR-65941, VAC-66114 and TMP-65943

7 7 A 7
A 7 A 7 7
7
7
7
7

7
7

A7

7 A 7 7 b 7

7 b 7 7 b

VAR-65942, WVR-65940, WVR-65941, VAC-66114 and TMP-65943

7AA

7 7 A 7
A 7 A 7 7
7
7
7
7

7
7

VAR-65942, WVR-65940, WVR-65941, VAC-66114


and TMP-65943

VAR-65942, WVR-65940, WVR-65941, VAC-66114


and TMP-65943

VAR-65942, WVR-65940, WVR-65941, VAC-66114


and TMP-65943

VAR-65942, WVR-65940, WVR-65941, VAC-66114


and TMP-65943

VAR-65942, WVR-65940, WVR-65941, VAC-66114


and TMP-65943

VAR-65942, WVR-65940, WVR-65941, VAC-66114


and TMP-65943

VAR-65942 [PRJ-63142] VARIANCE RELATED TO WVR-65940, WVR-65941, VAC-66114 AND TMP65943 - APPLICANT: PN II, INC - OWNER: GHR HOLDINGS, LLC
NORTH SIDE OF ROSADA WAY, WEST OF TEE PEE LANE
08/04/16

VAR-65942 [PRJ-63142] VARIANCE RELATED TO WVR-65940, WVR-65941, VAC-66114 AND TMP65943 - APPLICANT: PN II, INC - OWNER: GHR HOLDINGS, LLC
NORTH SIDE OF ROSADA WAY, WEST OF TEE PEE LANE
08/04/16

VAR-65942 [PRJ-63142] VARIANCE RELATED TO WVR-65940, WVR-65941, VAC-66114 AND TMP65943 - APPLICANT: PN II, INC - OWNER: GHR HOLDINGS, LLC
NORTH SIDE OF ROSADA WAY, WEST OF TEE PEE LANE
08/04/16

VAR-65942 [PRJ-63142] VARIANCE RELATED TO WVR-65940, WVR-65941, VAC-66114 AND TMP65943 - APPLICANT: PN II, INC - OWNER: GHR HOLDINGS, LLC
NORTH SIDE OF ROSADA WAY, WEST OF TEE PEE LANE
08/04/16

VAR-65942 [PRJ-63142] VARIANCE RELATED TO WVR-65940, WVR-65941, VAC-66114 AND TMP65943 - APPLICANT: PN II, INC - OWNER: GHR HOLDINGS, LLC
NORTH SIDE OF ROSADA WAY, WEST OF TEE PEE LANE
08/04/16

VAR-65942 [PRJ-63142] VARIANCE RELATED TO WVR-65940, WVR-65941, VAC-66114 AND TMP65943 - APPLICANT: PN II, INC - OWNER: GHR HOLDINGS, LLC
NORTH SIDE OF ROSADA WAY, WEST OF TEE PEE LANE
08/04/16

VAR-65942 [PRJ-63142] VARIANCE RELATED TO WVR-65940, WVR-65941, VAC-66114 AND TMP65943 - APPLICANT: PN II, INC - OWNER: GHR HOLDINGS, LLC
NORTH SIDE OF ROSADA WAY, WEST OF TEE PEE LANE
08/04/16

VAR-65942, WVR-65940, WVR-65941 and TMP-65943

VAR-65942, WVR-65940, WVR-65941 and TMP-65943

Agenda Item No.: 84.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
WVR-65940 - WAIVER RELATED TO VAR-65942 - PUBLIC HEARING - APPLICANT: PN
II, INC - OWNER: GHR HOLDINGS, LLC - For possible action on a request TO ALLOW NO
STREETLIGHTS WHERE SUCH ARE REQUIRED AND TO ALLOW AN INTERSECTION
OFFSET OF 100 FEET WHERE 220 FEET IS REQUIRED FOR A PROPOSED
RESIDENTIAL SUBDIVISION on 10 acres on the north side of Rosada Way, approximately
320 feet west of Tee Pee Lane (APN 125-31-701-005), R-E (Residence Estates) Zone, Ward 6
(Ross) [PRJ-63142]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

WVR-65940

WVR-65940

Agenda Item No.: 85.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
WVR-65941 - WAIVER RELATED TO VAR-65942 AND WVR-65940 - PUBLIC HEARING
- APPLICANT: PN II, INC - OWNER: GHR HOLDINGS, LLC - For possible action on a
request for a Waiver TO ALLOW PRIVATE STREETS TO BE DEVELOPED TO NONPUBLIC STREET STANDARDS BEHIND A GATE on 10 acres on the north side of Rosada
Way, approximately 320 feet west of Tee Pee Lane (APN 125-31-701-005), R-E (Residence
Estates) Zone, Ward 6 (Ross) [PRJ-63142]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

WVR-65941

WVR-65941

Agenda Item No.: 86.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAC-66114 - VACATION RELATED TO VAR-65942, WVR-65940, AND WVR-65941 PUBLIC HEARING - APPLICANT: PN II, INC - OWNER: GHR HOLDINGS, LLC - For
possible action on a request for a Petition to Vacate U.S. Government Patent Easements on
property located on the north side of Rosada Way, approximately 645 feet west of Tee Pee Lane
(APN: 125-31-701-005), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-63142]. Staff
recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

VAC-66114

VAC-66114

VAC-66114

VAC-66114

VAC-66114

77 A 7
A7 A7 7
7
7

VAC-66114

Agenda Item No.: 87.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
TMP-65943 - TENTATIVE MAP RELATED TO VAR-65942, WVR-65940, WVR-65941
AND VAC-66114 - GRAND CANYON AND WASHBURN - PUBLIC HEARING APPLICANT: PN II, INC - OWNER: GHR HOLDINGS, LLC - For possible action on a request
for a Tentative Map FOR A PROPOSED 16-LOT SINGLE FAMILY RESIDENTIAL
SUBDIVISION on 10 acres on the north side of Rosada Way, approximately 320 feet west of
Tee Pee Lane (APN 125-31-701-005), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ63142]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

TMP-65943

TMP-65943

AA
AA

7b

7AA

77bA7

A7b

A7

7

7 A 7 7 b 7

b7

7 b 7 7 b 7 A A 7 A 7

A 7A A b 7 77 b 7 7

TMP-65943 - REVISED

7 b 7 7 b 7 A 7 A 7

7 A 7 7

77bA

7A b 7 b 7 A

A 7A A b 7 7 7 A

7
7

7 7 A 7
A 7 A 7 7
7
7
7
7

TMP-65943 - REVISED

7 7 A 7
A 7 A 7 7
7
7
7
7

7
7

TMP-65943 - REVISED

7 7 A 7
A 7 A 7 7
7
7
7
7

7
7

TMP-65943

TMP-65943

TMP-65943

Agenda Item No.: 88.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-65562 VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: ALDON
PROPERTIES, LLC - For possible action on a request for a Variance TO ALLOW A ONEFOOT SETBACK FOR A PROPOSED MONUMENT SIGN WHERE FIVE FEET IS
REQUIRED on 0.51 acres at 3202 West Charleston Boulevard (APN 139-32-403-012), C-D
(Designed Commercial) Zone, Ward 1 (Tarkanian) [PRJ-65460]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcards

VAR-65562 [PRJ-65460]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: ALDON PROPERTIES, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-65562

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends DENIAL, if approved subject to


conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

147

APPROVALS

PROTESTS

22

NE

VAR-65562 [PRJ-65460]
Conditions Page One
September 13, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-65562 CONDITIONS
Planning
1.

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

2.

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

3.

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

4.

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

NE

VAR-65562 [PRJ-65460]
Staff Report Page One
September 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting a Variance to allow a proposed monument sign to be set back from
the front property line one-foot where five feet is required in the C-D (Designed Commercial)
zoning district.

ISSUES
x

The C-D zoning district requires monument signs to be set back five feet from the property
line; the applicant is proposing a one-foot setback.

ANALYSIS
The subject site has in existence a 76-inch tall, 72-inch wide monument sign that was set back
from the front property line one-foot. This existing monument sign was recently struck by a
motor vehicle and severely damaged requiring the sign to be replaced.
According to Title 19.14.080(C) for Nonconforming signs, In any matter in which a property
owner(s), sign user or other person seeks the protection provided to lawful, nonconforming signs
under this Section, the burden of proof shall be on the person seeking such protection to prove:
1.
The date of erection or installation of the sign;
2.
That the sign fully conformed to the sign ordinance then in effect;
3.
That the person erecting the sign obtained all necessary permits for the erection of
the sign; and
4.
That any changes to the sign have been made in accordance with the requirements
of this Section and in compliance with all applicable permit requirements.
Staff was unable to locate a building permit with the Department of Building and Safety for the
existing monument sign, and was unable to deem the existing monument sign as a Legal,
Nonconforming sign. If the applicant were to be able to meet the above mentioned conditions for
Legal, Nonconforming signs, the applicant would be able to replace the damaged sign with a
sign that had the same dimensions, and setbacks as the sign damaged by the motor vehicle
without an approved Variance. Alternatively, the applicant has proposed to replace the damaged
sign in the same location with a sign that is 20-inches taller and one-inch wider than the existing
damaged sign resulting in the need for a Variance to allow for a one-foot setback. The proposed
sign meets the remaining minimum requirements for a monument sign in the C-D (Designed
Commercial) zoning district.
NE

VAR-65562 [PRJ-65460]
Staff Report Page Two
September 13, 2016 - Planning Commission Meeting

The Department of Public Works, Traffic Division has determined the proposed sign if constructed,
would be in the sight visibility zone for the western driveway. The sight visibility zone would not be
affected for the eastern driveway since left turns are not available due to the median on Charleston
Boulevard. With Charleston Boulevard being a 100-foot right-of-way, and the existing sidewalk
adjacent to the subject site being 5 feet in width, the proposed monument sign would need to be
placed 124 feet away from the western driveway to not be within site visibility zone. Since the
subject site has a lot width of approximately 95 feet, this is not possible. In order to be able to install
the proposed sign outside of the site visibility zone, the proposed sign would need to be set back ten
feet from the back of curb, or five feet from the property line as required by Title 19. Due to the
proposed sign being located within the site visibility zone, the Department of Public Works is not in
support of this Variance request.
As stated by the applicant in the justification letter, the applicant could lose two parking spaces and
position the sign five feet from the property line, meeting setback requirements set forth by Title 19.
This would keep the proposed monument sign out of the sight visibility zone along Charleston
Boulevard. The subject site is parked at a ratio of one parking space for every 300 square feet of
gross floor area. The Clark County Assessors office list the office building at 3202 West
Charleston Boulevard at 6,650 square feet of floor area. With a parking ratio of 1:300, the subject
site is required to provide 23 parking spaces, with one of those being handicap accessible. The
subject site is currently providing 26 parking spaces, with two handicap accessible parking spaces.
The subject site could afford to lose two parking spaces to accommodate the proposed monument
sign with the required five-foot setback.
With the proposed monument sign being positioned within the sight visibility zone, in addition to
the subject site being capable of physically accommodating the proposed monument sign with the
required five-foot setback, staff is recommending denial of this Variance request.

FINDINGS (VAR-65562)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council,
in considering the merits of a Variance request, shall not grant a Variance in order to:
1.
2.
3.

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in

NE

VAR-65562 [PRJ-65460]
Staff Report Page Three
September 13, 2016 - Planning Commission Meeting

peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
as to relieve the difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected natural resources
and without substantially impairing the intent and purpose of any ordinance or
resolution.
No evidence of a unique or extraordinary circumstance has been presented, in that the applicant
has created a self-imposed hardship by proposing a monument sign that is set back one-foot from
the southern (front) property line where five feet is required. Positioning the sign five feet from
the property line would keep the proposed sign out of the sight visibility zone and would allow
conformance to Title 19 for a monument sign in the C-D zoning district. In view of the absence
of any hardships imposed by the sites physical characteristics, it is concluded that the
applicants hardship is preferential in nature, and it is thereby outside the realm of NRS Chapter
278 for granting of Variances. Staff recommends denial of this application.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a request to amend portions of the Southwest
Sector map of the General Plan in the general vicinity of the Charleston
Boulevard/Rancho Drive intersection from SC (Service Commercial) to O
(Office); from R (Rural Density Residential) to DR (Desert Rural Density
06/19/02
Residential); from O (Office) to DR (Desert Rural Density Residential); from
L (Low Density Residential) to DR (Desert Rural Density Residential) in
accordance with the recommendations of the Rancho Charleston Land Use
Study and Strategic Plan.
Business Licensing Enforcement processed a case (#109846) for an expired
business license at 3202 West Charleston Boulevard. The case was resolved
01/31/12
on 02/28/12.
Business Licensing Enforcement processed a case (#142917) for an
06/26/14
unlicensed film production company at 3202 West Charleston Boulevard. The
case was resolved on 07/08/14.

Most Recent Change of Ownership


09/25/13
A deed was recorded for a change in ownership.

NE

VAR-65562 [PRJ-65460]
Staff Report Page Four
September 13, 2016 - Planning Commission Meeting

Related Building Permits/Business Licenses


There are no related and/or relative building permits for the subject site.
A business license (P50-01422) was issued for a law firm
12/17/02
Charleston Boulevard. The license is active.
A business license (P50-01354) was issued for a law firm
09/27/05
Charleston Boulevard. The license is active.
A business license (P50-01979) was issued for a law firm
06/17/09
Charleston Boulevard. The license is active.
A business license (P50-02852) was issued for a law office
04/09/12
Charleston Boulevard. The license is active.

at 3202 West
at 3202 West
at 3202 West
at 3202 West

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal requirements
06/28/16
for a Variance were discussed.

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

Field Check
08/04/16

Staff performed a routine field check where the existing monument sign that
was struck and damaged by a vehicle was observed to still be in place. The
building itself was well maintained and free of debris and graffiti.

Details of Application Request


Site Area
Net Acres
0.51

Surrounding
Property
Subject Property

North

Existing Land Use


Per Title 19.12
Office, Other Than
Listed
Single Family
Residential Detached
Individual Care
Group Home

Planned or Special
Land Use Designation

Existing Zoning District

O (Office)

C-D (Designed
Commercial)

DR (Desert Rural
Residential Density)

R-E (Residence Estates)

NE

VAR-65562 [PRJ-65460]
Staff Report Page Five
September 13, 2016 - Planning Commission Meeting

Surrounding
Property
South

East

West

Existing Land Use


Per Title 19.12
Office, Other Than
Listed
Office, Medical or
Dental
Office, Other Than
Listed
Office, Medical or
Dental
Office, Other Than
Listed

Planned or Special
Land Use Designation

Existing Zoning District

O (Office)

C-D (Designed
Commercial)

O (Office)

C-D (Designed
Commercial)

O (Office)

C-D (Designed
Commercial)

Master Plan Areas


No Applicable Master Plan Area
Special Purpose and Overlay Districts
A-O (Airport Overlay) District 175 Feet
CD-O (Designed Commercial Overlay District)
Rancho Charleston Land Use Study
Rural Preservation Overlay District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area Redevelopment Area 2
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

DEVELOPMENT STANDARDS
Functional
Street Name
Classification of
Street(s)
Charleston
Primary Arterial
Boulevard

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

Governing Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Master Plan of Streets &


Highways

100

NE

VAR-65562 [PRJ-65460]
Staff Report Page Six
September 13, 2016 - Planning Commission Meeting

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Office, Other
6,650 SF
1:300
23
Than Listed
23
26
Y
TOTAL SPACES REQUIRED
22
1
24
2
Y
Regular and Handicap Spaces Required

Monument Signs: Title 19.14 for the C-D Zoning District


Standards
Allowed
Provided
1 / Street frontage
1 / Street frontage
Maximum Number
1 total
1 total
Maximum Area
75 SF /sign
37 SF
Maximum Height
8 Feet
8 Feet
Minimum Setback
5 Feet
1-Foot*
Illumination
Direct/Internal
Internal
*This application is a request to allow for a one-foot setback for the proposed monument sign.

NE

VAR-65562

VAR-65562

bA7

bA77

A7A77

bAA7

VAR-65562

77bA7

bA777A7A7A

bAA7

A7A

bA7

bA
b
A
7

A7bA

bAb

777

b77

7777

A7A7
7bA7

7
b77
7777
77

7A7b7777A7777

77777777
7777777!77
77777

7A7bAb7b7

7A77

A7A77
7

77

b7A

7A

b7A

7A

VAR-65562

77 777bA77
bA
77bA
A7A7

7A

7A

77

77

bbA7A7
bA A
A

7777777777777



b777777777777
A77

77777777777777777A7A


77777777777777777777

Ab7A

VAR-65562

VAR-65562

7A7bAb7b77

77

A77

7A77

A7A77
7

77

77

b7A

7A7

b7A7

VAR-65562

A7

7A7

bAb

77

77

A77

77

A77

7
b77
7777
77

7A7b7777A7777

A777

777

b77

7777

A7A7
7bA

77777777
7777777!77
77777

bbA7A7
bA A
A

7777777777777



b777777777777
A77

77777777777777777A7A


77777777777777777777

777777777777

bA7A7
7A7bA
7A7

A7b

77

A77

bA77

Ab777bb7B

7BAb77B7BAb77Ab

BAbA7B77bA77A7
A7B

B7777A7

77 777bA77
bA
77bA
A7A7

7A7bAb7b7

7A77

A7A77
7

bA777

77

b7A

77 777bA77
bA
77bA
A7A7

7A

b7A

bA777
bA
A

A7A
A

VAR-65562

bA777

A7
A

77777b
77bb7E

7
77

b7

77777A7

E7777b77

7A

7
b77
7777
77

7A7b7777A7777

77

77

A7b

bb7

bA777

AA

A77b77
7A7

7777A7bb

A7A77

A7A77A

bbA777

77

b77

7777

A7A7
7bA

bbA7A7
bA A
A

7777777777777



b777777777777
A77

77777777777777777A7A


77777777777777777777

7

bA
A
bA

A77b77A
A77b77

bAb

77777777
7777777!77
77777

VAR-65562

VAR-65562

VAR-65562 [PRJ-65460] VARIANCE - APPLICANT/OWNER: ALDON PROPERTIES, LLC


3202 WEST CHARLESTON BOULEVARD
08/04/16

VAR-65562

Agenda Item No.: 89.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-66259 - VARIANCE - PUBLIC HEARING - APPLICANT: OPPORTUNITY VILLAGE
- OWNER: STATE OF NEVADA DIVISION OF LANDS - For possible action on a request for
a Variance TO ALLOW SIX PARKING SPACES WHERE 207 SPACES ARE REQUIRED on
6.94 acres at 6300 West Oakey Boulevard (APN 163-02-601-005), C-V (Civic) Zone, Ward 1
(Tarkanian) [PRJ-64414]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter

VAR-66259 [PRJ-64414]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: OPPORTUNITY VILLAGE - OWNER: STATE OF
NEVADA DIVISION OF LANDS

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
VAR-66259

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

207

APPROVALS

PROTESTS

16

SG

VAR-66259 [PRJ-64414]
Conditions Page One
September 13, 2016 - Planning Commission Meeting

** CONDITIONS **

VAR-66259 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-64479) 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.

SG

VAR-66259 [PRJ-64414]
Staff Report Page One
September 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting a Variance for parking associated with a proposal to remodel and
reconfigure the Opportunity Village Oakey Campus (SDR-64479). A 20,800 square-foot
building expansion will link the Lied and Wilson Buildings. Along Oakey Boulevard, the
existing parking lot will be resurfaced with various colored concrete patterns to be used as a
plaza; as a result, most of the existing parking spaces will be removed. The Oakey Boulevard
access would remain, but in a new location to facilitate a proposed drop-off paratransit lane in
front of the Lied Building with six short-term parking spaces. Access to the paved area would be
restricted by new gates.

ISSUES
x

The development as proposed requires 207 onsite parking spaces, but only six are provided.
The applicant was negotiating with the College of Southern Nevada (CSN) to provide offsite
parking to meet Title 19 requirements, and a condition of approval requiring a perpetual
shared parking agreement to be recorded against both properties was added to the Site
Development Plan Review.

ANALYSIS
The current site was originally approved with 131 provided parking spaces. An additional 76
spaces would be generated by the proposed expansion (using the Social Service Provider parking
standard of one space per 300 square feet of gross floor area), for a total of 207 spaces. All but
six spaces would be removed as part of the requested Site Review. Without a shared perpetual
parking agreement recorded against both properties for the needed 201 spaces, a Variance is
required for six spaces where 207 are required (as a result of removal of the existing spaces). At
this time, there is no recorded parking agreement between Opportunity Village and CSN.
Daily parking on the site is limited to employees and family members of the people served by
Opportunity Village (OV), which provides programs and services for persons with intellectual
disabilities. Clients are transported using RTC Paratransport or family members, and do not
drive themselves. The applicant states that only about 40 spaces are needed to support the daily
needs of the use. As noted previously, parking for both daily use and seasonal use has been
informally supplemented by the College of Southern Nevada (CSN) campus, as well as other
sites on which services are provided.

SG

VAR-66259 [PRJ-64414]
Staff Report Page Two
September 13, 2016 - Planning Commission Meeting

Opportunity Village (OV) is in the process of formalizing a shared parking agreement with CSN
to provide the required parking on the campus immediately to the north of the OV site. Parking
has been shared informally between the two entities for many years, but has never been
formalized. However, as both sites are owned by state agencies (the OV site is owned by the
State of Nevada Division of Lands, while the CSN campus is owned by the Nevada System of
Higher Education), the method used to sell, lease or utilize state land is limited by NRS 321.003
and 007. A perpetual agreement is subject to additional statutory restrictions and may trigger
financial or other obligations.
Additionally, there exists the opportunity for OV to install a parking lot to the east on a portion
of APN 162-02-601-007 in the future, if needed. This is due to Senate Bill 300, which was
passed by the Nevada Legislature in 2009, and required the Division of Lands to accept as a
donation, the paving and improvement of a portion of a specific parcel of land to be used as a
parking lot to which the public would have access, without charge, until the parcel is sold, leased
or used for other purposes. At the time the bill was passed, the informal parking arrangement
between OV and CSN was acknowledged.

FINDINGS (VAR-66259)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council,
in considering the merits of a Variance request, shall not grant a Variance in order to:
1.
2.
3.

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
as to relieve the difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected natural resources
and without substantially impairing the intent and purpose of any ordinance or
resolution.
Evidence of a unique or extraordinary circumstance has been presented, in that the site has
operated for years under an informal agreement with the adjacent CSN campus to provide
supplemental parking, an agreement that has been acknowledged by the state. Formalization of
this agreement will allow the site to meet Title 19 requirements for parking without violating the
statutory requirements and limitations on how state lands may be leased, sold or utilized.

SG

VAR-66259 [PRJ-64414]
Staff Report Page Three
September 13, 2016 - Planning Commission Meeting

It is concluded that the applicants hardship is not preferential in nature, and it is within the realm
of NRS Chapter 278 for granting of Variances. Staff recommends approval.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The Board of Zoning Adjustment approved a Special Use Permit (U-0093-83)
to construct and operate a regional Handicapped Training Center on the north
12/22/83
side of Oakey Boulevard, 660 feet west of Jones Boulevard. Staff
recommended approval.
The Board of Zoning Adjustment approved a request for a Review of
Condition Number 2 of an approved Special Use Permit (U-0093-83), which
required installation of street improvements on Oakey Boulevard, to defer
03/22/84
offsite improvements on property generally located on the north side of
Oakey Boulevard between Jones Boulevard and Torrey Pines Drive.
The City Council approved a Rezoning (Z-0089-87) from N-U (Non-Urban)
10/07/87
to C-V (Civic) at the southeast corner of Charleston Boulevard and Torrey
Pines Drive. The Planning Commission and staff recommended approval.
The Board of Zoning Adjustment approved a Variance (V-0086-89) to allow
an afterschool child care facility in conjunction with an existing nonprofit
08/24/89
handicapped training facility at 6200 West Oakey Boulevard. Staff
recommended approval.
The Board of Zoning Adjustment approved a Plot Plan Review (V-0086-89)
to allow a proposed addition to the existing handicapped facility at 6200 West
08/23/90
Oakey Boulevard. Staff recommended approval.
A four-lot Parcel Map (PM-0054-90) at the southwest corner of Charleston
12/21/90
Boulevard and Jones Boulevard was recorded.
The Planning Commission approved a Civic Review (CV-0002-91) for a
03/14/91
proposed training center on 6.29 acres on the north side of Oakey Boulevard,
east of Torrey Pines Drive. Staff recommended approval.
The Planning Commission approved a Civic Review (CV-0002-91) for seven
proposed signs for the Opportunity Village site at the northwest corner of
08/12/93
Oakey Boulevard and Campus Drive (now Community College Drive). Staff
recommended approval.
The Planning Commission recommended approval of a Site Development
Plan Review (SDR-64479) for a proposed 22,720 square-foot expansion of an
existing social service provider, revised building elevations and other site
improvements, with a waiver to allow a four-foot perimeter landscape buffer
06/14/16
along portions of the south property line where 15 feet is required on 6.94
acres at 6300 West Oakey Boulevard. Staff recommended approval. The
City Council held it in abeyance at the 07/20/16 and 08/17/16 meetings. It is
currently scheduled for a hearing before the City Council on 10/19/16.

SG

VAR-66259 [PRJ-64414]
Staff Report Page Four
September 13, 2016 - Planning Commission Meeting

Most Recent Change of Ownership


03/01/91
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#91098872) was issued for a development at 6300 West
02/28/91
Oakey Boulevard. A final inspection was not completed and the permit
expired 02/27/93.
A building permit (#97020723) was issued for a train tunnel and storage
building at 6300 West Oakey Boulevard. A final inspection was not
10/10/97
completed and the permit expired 09/19/98.
A building permit (#98019436) was issued for a 635 square-foot gazebo at
09/28/98
6300 West Oakey Boulevard. A final inspection was not completed and the
permit expired 06/05/99.
A building permit (#99018673) was issued for a 40-foot by 60-foot metal
building at 6300 West Oakey Boulevard. A final inspection was completed
09/22/99
01/03/00.
A building permit (#99018674) was issued for onsite improvements at 6300
09/22/99
West Oakey Boulevard. A final inspection was not completed and the permit
expired 03/25/00.
A building permit (#99018674) was issued for a loading dock at 6300 West
05/19/00
Oakey Boulevard. A final inspection was not completed and the permit
expired 12/16/00.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss submittal
requirements for a Site Development Plan Review. Of greatest concern was
04/26/16
the lack of onsite parking and whether an appropriate amount of spaces could
be provided offsite to meet Title 19 requirements.

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

Details of Application Request


Site Area
Net Acres
6.94

SG

VAR-66259 [PRJ-64414]
Staff Report Page Five
September 13, 2016 - Planning Commission Meeting

DEVELOPMENT STANDARDS
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
Number of
HandiHandiRatio
Regular
Regular
Units
capped
capped
As
Social Service As approved
approved
Provider
by CV-0002131
by CV(existing)
91
0002-91
Social Service
1 space
Provider
22,720 SF
per 300
76
(new
SF GFA
construction)
207
6
N
TOTAL SPACES REQUIRED
200
7
4
2
N
Regular and Handicap Spaces Required
3 + 1 per
each addl
Loading
100,000
76,980 SF
4
4
Y
Spaces
over
50,000 SF

SG

VAR-66259

VAR-66259

VAR-66259 [PRJ-64414] VARIANCE - APPLICANT: OPPORTUNITY VILLAGE - OWNER: STATE OF


NEVADA DIVISION OF LANDS
6300 WEST OAKEY BOULEVARD
05/05/16

VAR-66259 [PRJ-64414] VARIANCE - APPLICANT: OPPORTUNITY VILLAGE - OWNER: STATE OF


NEVADA DIVISION OF LANDS
6300 WEST OAKEY BOULEVARD
05/05/16

VAR-66259 [PRJ-64414] VARIANCE - APPLICANT: OPPORTUNITY VILLAGE - OWNER: STATE OF


NEVADA DIVISION OF LANDS
6300 WEST OAKEY BOULEVARD
05/05/16

VAR-66259 [PRJ-64414] VARIANCE - APPLICANT: OPPORTUNITY VILLAGE - OWNER: STATE OF


NEVADA DIVISION OF LANDS
6300 WEST OAKEY BOULEVARD
05/05/16

VAR-66259 - REVISED

VAR-66259 - REVISED

VAR-66259 - REVISED

Agenda Item No.: 90.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-65961 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: TIB,
LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED 4,072
SQUARE-FOOT LIQUOR ESTABLISHMENT (TAVERN) WITH 850 SQUARE FEET OF
OUTDOOR SEATING AREA on the east side of Oso Blanca Road at Farm Road (APN 125-17210-448), T-C (Town Center) Zone [GC-TC (General Commercial - Town Center) Special Land
Use Designation], Ward 6 (Ross) [PRJ-65539]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - SUP-65961, SUP-65962 and SDR-65963 [PRJ-65539]
2. Special Map
3. Conditions and Staff Report - SUP-65961, SUP-65962 and SDR-65963 [PRJ-65539]
4. Supporting Documentation - SUP-65961, SUP-65962 and SDR-65963 [PRJ-65539]
5. Photo(s) - SUP-65961, SUP-65962 and SDR-65963 [PRJ-65539]
6. Justification Letter - SUP-65961, SUP-65962 and SDR-65963 [PRJ-65539]
7. Protest Email and Letter- SUP-65961, SUP-65962 and SDR-65963 [PRJ-65539]

SUP-65961, SUP-65962 and SDR-65963 [PRJ-65539]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: TIB, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

REQUIRED FOR
APPROVAL

SUP-65961

Staff recommends APPROVAL, subject to conditions:

SUP-65962

Staff recommends APPROVAL, subject to conditions:

SUP-65961

SDR-65963

Staff recommends APPROVAL, subject to conditions:

SUP-65961
SUP-65962

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

53

NOTICES MAILED

303 SUP-65961 and SUP-65962


303 SDR-65963

APPROVALS

0 SUP-65961 and SUP-65962


0 SDR-65963

PROTESTS

2 SUP-65961 and SUP-65962


2 SDR-65963

FS

SUP-65961, SUP-65962 and SDR-65963 [PRJ-65539]


Conditions Page One
September 13, 2016 - Planning Commission Meeting

SUP-65961 CONDITIONS
Planning

1.

Conformance to all Minimum Requirements under the Town Center development standards
for a Liquor Establishment (Tavern) use.

2.

Approval of and conformance to the Conditions of Approval for Special Use Permit (SUP65962) and Site Development Plan Review (SDR-65963) shall be required.

3.

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

4.

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

5.

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

6.

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.

FS

SUP-65961, SUP-65962 and SDR-65963 [PRJ-65539]


Conditions Page Two
September 13, 2016 - Planning Commission Meeting

SUP-65962 CONDITIONS
Planning

1.

Conformance to all Minimum Requirements under Town Center Development Standards


for a Gaming Establishment, Restricted License use.

2.

Approval of and conformance to the Conditions of Approval for Special Use Permit (SUP65961) and Site Development Plan Review (SDR-65963) shall be required.

3.

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

4.

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


Restricted License within 330 feet of a single family detached dwelling.

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.

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.

FS

SUP-65961, SUP-65962 and SDR-65963 [PRJ-65539]


Conditions Page Three
September 13, 2016 - Planning Commission Meeting

SDR-65963 CONDITIONS
Planning

1.

Approval of and conformance to the Conditions of Approval for Special Use Permits (SUP65961 and SUP-65962) shall be required, if approved.

2.

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

3.

All development shall be in conformance with the site plan and landscape plan date
stamped 8/24/16, and building elevations date stamped 08/23/16, 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.

Trash enclosures and mechanical equipment shall be screened per Town Center standards.

7.

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


Architect, Residential Designer or Civil Engineer, must be submitted prior to or at the same
time application is made for a building permit. A permanent underground sprinkler system
is required, and shall be permanently maintained in a satisfactory manner; the landscape
plan shall include irrigation specifications. Installed landscaping shall not impede visibility
of any traffic control device. The technical landscape plan shall include the following
changes from the conceptual landscape plan: The 15-foot landscape buffer area behind the
sidewalk along Oso Blanca Road is to be planted with clusters of Mexican Fan Palms in
alternating groupings of two and three 105 feet on-center, with five-gallon shrubs and
decomposed granite to be used as ground cover in accordance with the Town Center
Frontage Road landscape standards.

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.

FS

SUP-65961, SUP-65962 and SDR-65963 [PRJ-65539]


Conditions Page Four
September 13, 2016 - Planning Commission Meeting

9.

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

Public Works

10. In accordance with code requirements of Title 13.56, remove and replace all substandard
improvements, if any, on Oso Blanca Road adjacent to this site concurrent with
development of this site as required by the Department of Public Works. All existing
paving damaged or removed by this development shall be restored at its original location
and to its original width concurrent with development of this site.
11. Obtain an Occupancy Permit from the Nevada Department of Transportation (NDOT) for
all driveways or other private improvements in the Oso Blanca Road public right of way
adjacent to this site prior to constructing any improvements within NDOT jurisdiction.
12. Meet with the Fire Protection Engineering Section of the Department of Fire Services to
discuss fire requirements for this site.
13. 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.

Contact the City Engineers Office at 229-6272 to coordinate the development of this
project with the Centennial Parkway Channel West US95, Durango to Grand Teton
project and any other public improvement projects adjacent to this site. Comply with the
recommendations of the City Engineer.

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.

FS

SUP-65961, SUP-65962 and SDR-65963 [PRJ-65539]


Staff Report Page One
September 13, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The proposal is for a 4,072 square-foot Liquor Establishment (Tavern) with 850 square feet of
outdoor patio space at Oso Blanca Road at Farm Road. A Waiver has been requested to allow a
Gaming Establishment, Restricted License use within 330 feet of a single family detached
dwelling.

ISSUES
x
x
x

The Liquor Establishment (Tavern) use is permitted within a GC-TC (General Commercial
Town Center) designated parcel with the approval of a Special Use Permit. Staff
recommends approval.
A Special Use Permit and distance separation waiver is being requested for a Gaming
Establishment, Restricted License within 330 feet of a single-family detached dwelling. Staff
recommends approval.
A Site Development Plan Review is being requested for a 4,922 square-foot Liquor
Establishment (Tavern). Staff recommends approval.

ANALYSIS
The subject site is located within the Town Center plan area with a GC-TC (General Commercial
Town Center) special area plan designation. As the Site Development Plan Review does not
have any associated waivers and generally meets all applicable Town Center standards, staff
recommends approval of the application.
The site plan depicts a new 24-foot tall building located on the western portion of the site. The
building elevations depict a flat roof and an exterior comprised of stucco and a stacked stone
finish. There are 60 parking spaces provided onsite, with 30 percent of the spaces designated as
compact in accordance with Title 19.08 requirements. Access to the site is provided via two
drives from Oso Blanca Road.
Oso Blanca Road is classified as a Town Center Frontage Road and the Town Center design
standards require a streetscape treatment consisting of a four-foot amenity zone and a five-foot
sidewalk. The amenity zone is required to be planted with Mexican Fan Palms 35 feet on-center
with ground cover consisting of five gallon shrubs covering 75 percent of the amenity zone at
maturity. Decorative hardscaped areas are required every 105 feet on center within the amenity
zone. The required streetscape and hardscapes have been installed, and a condition of approval
has been included to ensure that the proper amenity zone landscaping is installed per the
approved plans and the Town Center standards.
FS

SUP-65961, SUP-65962 and SDR-65963 [PRJ-65539]


Staff Report Page Two
September 13, 2016 - Planning Commission Meeting

The sites classification as GC-TC (General Commercial Town Center) and its location along a
Town Center Frontage Road requires the installation of a 15-foot landscape buffer from the back
of sidewalk. The Town Center Frontage Road standards require this area to be planted with
clusters of Mexican Fan Palms alternating groupings of two and three 105 feet on-center with
five-gallon shrubs and decomposed granite as ground cover. The landscape plans do not depict
the proper tree species or spacing and a condition of approval has been included to ensure
compliance with this requirement.
Interior to the site, the landscape plan depicts an adequate amount of parking lot trees and
landscape islands. As required, an eight-foot perimeter landscape buffer is located along the east
portion of the site. The buffer area is planted with 24-inch box Mondale Pines 30 feet on-center.
The easternmost portion of the site abuts the US-95 off-ramp, but the existing change in grade
does not allow landscaping to be brought to the street edge, and as such, the interior landscaping
is adequate as proposed.
The provided floor plans depict a 4,072 square-foot indoor tavern area with a central bar,
adjacent seating areas, and associated back of house areas. An outdoor 850 square-foot patio
area is located at the northern end of the building.
A related Special Use Permit has been requested for a Liquor Establishment (Tavern) use. The
request is recommended for approval as the site meets all distance separation requirements from
protected uses, and is located on a commercial parcel adjacent to a freeway off-ramp and a 90foot frontage road. The proposed use is appropriate for the subject site and it is compatible with
land uses in the area.
The Liquor Establishment (Tavern) use is permitted with the approval of a Special Use Permit on
a GC-TC (General Commercial Town Center) designated parcel. The Liquor Establishment
(Tavern) use 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 Minimum Special Use Permit Requirements for this use include:
a. No tavern shall be located within 400 feet of any church, synagogue, school, child
care facility licensed for more than twelve children or city park.
The subject site is not located within 400 feet of a protected use.

FS

SUP-65961, SUP-65962 and SDR-65963 [PRJ-65539]


Staff Report Page Three
September 13, 2016 - Planning Commission Meeting

b. Uses licensed as taverns or other comparable establishments, shall have no specific


spacing requirements between similar uses. However, the Las Vegas City Council
may consider the concentration and spacing of such uses as part of its deliberation
and approval of any requests for such establishments.
c. The distances referred to in paragraphs a. and b. shall be measured in a straight line
from the property line of the church, synagogue, school, child care facility or from the
nearest property line of a city park to the property line of the proposed liquor
premises, and in a straight line from the property line of the proposed tavern to the
property line of any existing tavern or comparable establishment, disregarding all
intervening obstacles.
d. All businesses which sell alcoholic beverages shall conform to the provisions of
LVMC 6.50.
A condition of approval has been included to ensure compliance with licensing
requirements.
e. No tavern shall be located within any Service Commercial District unless it is part of
a development with an aggregate acreage exceeding 50 acres with a majority of the
acreage located within a zone which allows taverns.
The subject site is located within the GC-TC (General Commercial Town Center)
zone.
A related Special Use Permit has been requested for a Gaming Establishment, Restricted License
use with a waiver to allow such use within 330 feet of a single family detached dwelling. The
subject site is located 90 feet from the property line of the nearest single-family detached
dwelling; however, the proposed gaming use is separated by a 90-foot right-of-way, and the
nearest single family home is further separated by a perimeter wall and the rear yard. The
entrance to the residential subdivision is approximately 500 feet to the west of the subject site
and its residents will not be impacted by the proposed use. As such, the Special Use Permit and
associated waiver request is recommended for approval.
The Gaming Establishment, Restricted License use is permitted with the approval of a Special
Use Permit within a GC-TC (General Commercial Town Center) designated parcel. The
Gaming Establishment, Restricted License use defined as:

FS

SUP-65961, SUP-65962 and SDR-65963 [PRJ-65539]


Staff Report Page Four
September 13, 2016 - Planning Commission Meeting

An establishment which is used or intended to be used for gaming activities for which a
restricted gaming license is required pursuant to Title 6 of the Las Vegas Municipal Code. For
informational purposes, the term refers to an establishment whose gaming operations are limited
to not more than fifteen slot machines, incidental to the primary business at the establishment,
and no other game or gaming device
The Minimum Special Use Permit Requirements for this use include:
a. A Special Use Permit is required for any new gaming establishment.
b. May not locate within 330 feet of any single-family detached dwelling.
The subject site is located 90 feet from the nearest single-family detached dwelling
and a waiver has been requested to provide relief from this requirement. The
proposed gaming use is separated by a 90-foot right-of-way from the adjacent
residential development, and the nearest single family home is further separated by a
neighborhood perimeter wall and the rear yard. The entrance to the residential
subdivision is approximately 500 feet to the west of the subject site, and therefore it
has been determined that the use can be conducted in a harmonious manner with the
surrounding residential in the area.

FINDINGS (SUP-65961)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
1.

The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
The proposed Liquor Establishment (Tavern) use meets all distance separation
requirements and therefore can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land uses as
projected by the General Plan.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The subject site is physically suitable for the proposed Liquor Establishment (Tavern) use.

3.

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

SUP-65961, SUP-65962 and SDR-65963 [PRJ-65539]


Staff Report Page Five
September 13, 2016 - Planning Commission Meeting

The street facilities providing access to the property are adequate in size to accommodate
the Liquor Establishment (Tavern) 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 the Liquor Establishment (Tavern) use will require the conformance to all
Title 6 licensing requirements and therefore it will not compromise the public health,
safety, and welfare, or the overall objectives of the General Plan

5.

The use meets all of the applicable conditions of the Town Center Development
Standards Manual.
The proposed Liquor Establishment (Tavern) use meets all conditions of the Town Center
Development Standards Manual

FINDINGS (SUP-65962)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
1.

The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
The subject site is located 90 feet from the nearest single-family detached dwelling where
a minimum of 330 feet is required, and a waiver has been requested to provide relief from
this requirement. The proposed gaming use is separated by a 90-foot right-of-way from
the adjacent residential development, and the nearest single family home is further
separated by a neighborhood wall and a rear yard. The entrance to the single family
subdivision is approximately 500 feet to the west of the subject site, and therefore it has
been determined that the use can be conducted in a harmonious manner with the
surrounding land uses as projected by the General Plan.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The subject site is physically suitable for the Gaming, Restricted License use.

3.

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

FS

SUP-65961, SUP-65962 and SDR-65963 [PRJ-65539]


Staff Report Page Six
September 13, 2016 - Planning Commission Meeting

The street facilities providing access to the property are adequate in size to accommodate
the Gaming, Restricted License 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 the Gaming, Restricted License use will require the conformance to all Title 6
licensing requirements and therefore it will not compromise the public health, safety, and
welfare, or the overall objectives of the General Plan.

5.

The use meets all of the applicable conditions of the Town Center Development
Standards Manual.
With the approval of the requested distance separation waiver to allow the use within 330
feet from single family detached dwelling, the use will meet all applicable conditions of
the Town Center Development Standards Manual.

FINDINGS (SDR-65963)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E) the
Planning Commission and/or City Council must affirm the following:
1.

The proposed development is compatible with adjacent development and


development in the area;
The proposed development is compatible with adjacent development and development in
the area.

2.

The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other dulyadopted city plans, policies and standards;
The proposed development is consistent with the General Plan and the Town Center
Development Standards.

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
Site access and circulation does not negatively impact adjacent roadways or neighborhood
traffic.

FS

SUP-65961, SUP-65962 and SDR-65963 [PRJ-65539]


Staff Report Page Seven
September 13, 2016 - Planning Commission Meeting

4.

Building and landscape materials are appropriate for the area and for the City;
The building and landscape materials used are appropriate for the area and for the City.

5.

Building elevations, design characteristics and other architectural and aesthetic


features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;
The building elevations, design characteristic and other features are not unsightly or
obnoxious in appearance, and are harmonious and compatible with development in the
area.

6.

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

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a General Plan Amendment (GPA-0004-02) to
amend a portion of the Town Center Plan from SC-TC (Service Commercial
06/05/02
Town Center) to SX-TC (Suburban Mixed Use Town Center) on
approximately 26 acres adjacent to the west side of I-95, north of the Farm
Road alignment. Planning Commission and staff recommended approval.
The City Council approved a Site Development Plan Review (SDR-3482) for
a 741-lot single-family residential development with a waiver of the Town
Center street section, retaining wall height, suburban mixed-use buffer and
02/18/04
building height restriction standards on 67.41 acres adjacent to the northeast
corner of Farm Road and Fort Apache Road. Planning Commission
recommended approval. Staff recommended denial.
The City Council approved a Variance (VAR-3488) to allow one parking
space per single-family dwelling where a minimum of two spaces per single02/18/04
family dwelling is required on 67.41 acres adjacent to the northeast corner of
Farm Road and Fort Apache Road. Planning Commission recommended
approval. Staff recommended denial.

FS

SUP-65961, SUP-65962 and SDR-65963 [PRJ-65539]


Staff Report Page Eight
September 13, 2016 - Planning Commission Meeting

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


The City Council approved a Waiver (WVR-3492) of Title 18.12.105(A) to
allow private drives to exceed 200 feet where a maximum length of 150 feet
02/18/04
is allowed on 67.41 acres adjacent to the northeast corner of Farm Road and
Fort Apache Road. Planning Commission recommended approval. Staff
recommended denial
The Planning Commission approved a Tentative Map (TMP-4055) for a 74905/13/04
lot single-family cluster subdivision on 67.41 acres adjacent to the northeast
corner of Farm Road and Fort Apache Road. Staff recommended approval.
The City Council approved a Site Development Plan Review (SDR-23483)
for a 110,773 square-foot commercial center on 11.3 acres at the intersection
10/17/07
of Oso Blanca Road and Severence Lane. Planning Commission and staff
recommended approval.
Staff administratively approved a Minor Amendment (SDR-29378) to a
previously Site Development Plan Review (SDR-23483) for a 111,398
09/25/08
square-foot shopping center on 11.3 acres at the southeast corner of US-95
and Farm Road.
The Planning Commission approved a Tentative Map (TMP-31246) for a
01/08/09
five-lot commercial subdivision on 15.80 acres at the southeast corner of
Farm Road and U.S. 95. Staff recommended approval.
The City Council approved a Major Modification (MOD-54816) to the Town
Center Land Use Plan from SX-TC (Suburban Mixed UseTown Center) and
09/17/14
SC-TC (Service CommercialTown Center) to GC-TC (General
CommercialTown Center). Staff and the Planning Commission
recommended approval.

Most Recent Change of Ownership


02/16/16
A deed was recorded for a change in ownership.

Pre-Application Meeting
Issues discussed included general submittal requirements, Town Center
06/27/16
streetscape and landscape requirements, and the need for use permits for the
proposed gaming and alcohol uses.

Neighborhood Meeting
A neighborhood meeting was held for the Gaming Establishment, Restricted
08/31/16
License as required by the Town Center Development Standards when a
waiver is being requested for a use that requires a Special Use Permit

FS

SUP-65961, SUP-65962 and SDR-65963 [PRJ-65539]


Staff Report Page Nine
September 13, 2016 - Planning Commission Meeting

Field Check
07/28/16

A field check was conducted and the site is undeveloped.

Details of Application Request


Site Area
Gross Acres
1.77

Surrounding
Property
Subject Property

Existing Land Use


Per Title 19.12
Undeveloped

North

Right-of-Way (US 95)

South

TC (Town Center)

East

Right-of-Way (US 95)

West

TC (Town Center)

Planned or Special
Land Use
Designation
GC-TC (General
Commercial Town
Center)
N/A
GC-TC (General
Commercial Town
Center)
N/A
SX-TC (Suburban
Mixed Use Town
Center

Existing Zoning District

T-C (Town Center)


N/A
T-C (Town Center)
N/A
T-C (Town Center)

Master Plan Areas


Compliance
Town Center Master Plan
Y
Special Purpose and Overlay Districts
Compliance
T-C (Town Center) District
Y
Other Plans or Special Requirements
Compliance
Trails
N/A
Las Vegas Redevelopment Plan Area
N/A
Project of Significant Impact (Development Impact Notification Assessment)
N/A
Project of Regional Significance
N/A
With conformance with the included conditions of approval, the subject site will be in
compliance with all applicable master plan and overlay districts.

FS

SUP-65961, SUP-65962 and SDR-65963 [PRJ-65539]


Staff Report Page Ten
September 13, 2016 - Planning Commission Meeting

DEVELOPMENT STANDARDS
Pursuant to the Town Center Development Standards Manual, the following standards apply:
Standard
Required/Allowed
Provided
Compliance
Min. Setbacks
x Front
15 Feet
15 Feet
Y
x Side
10 Feet
Y
30 Feet
x Corner
15 Feet
230 Feet
Y
140 Feet
20 Feet
Y
x Rear
Max. Building Height
2 stories
1 story
Y
Screened,
Gated, w/
Trash Enclosure
Y
Screened, Gated, w/ a Roof or
Trellis
a Roof or Trellis
Mech. Equipment
Screened
Screened
Y
The site meets all applicable Town Center Development Standards. A Condition of Approval
has been included to ensure that the trash enclosure and any mechanical equipment are screened
to Town Center standards.

Pursuant to the Town Center Development Standards Manual, the following standards apply:
Landscaping and Open Space Standards
Required
Provided
Compliance
Standards
Ratio
Trees
Buffer Trees:
2 and 3 Mexican Fan Palms
11 min
16 Trees
N
/ Clustered every 105 Linear
x West
Feet
1 Tree / 30 Linear Feet
x East
TOTAL PERIMETER TREES
1 Tree / 6 Uncovered
Parking Area Trees
Spaces, plus 1 tree at the
end of each row of spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
x North
N/A
x South
N/A
x East
8 Feet
15 Feet
x West

18 Trees
27 Trees

18 Trees
34 Trees

Y
N

12 Trees

13 Trees

N/A
N/A
8 Feet
15 Feet

N/A
N/A
Y
Y

FS

SUP-65961, SUP-65962 and SDR-65963 [PRJ-65539]


Staff Report Page Eleven
September 13, 2016 - Planning Commission Meeting

Parcels designated as GC-TC (General Commercial Town Center) require a 15-foot landscape
buffer from the back of sidewalk. The Town Center Frontage Road standards require this area to
be planted with clusters of Mexican Fan Palms in alternating groupings of two and three, 105
feet on-center, with five-gallon shrubs and decomposed granite to be used as ground cover. The
landscape plans do not depict the proper tree species or spacing, and a condition of approval has
been included to ensure compliance with this requirement.

Street Name

Oso Blanca Road

Functional
Classification of
Street(s)
Town Center
Frontage Road

Governing Document
Town Center
Development Standards
Manual

Actual
Street Width
(Feet)

Compliance
with Street
Section

90 feet

Town Center Streetscape Standards


Streetscape Standards
Required
Provided
Compliance
4-foot landscaped
4-foot landscaped
amenity zone planted
amenity zone planted
Oso Blanca Road
Y
with palms trees every 35 with palm trees every
feet on center with a 535 feet on center with a
foot sidewalk
5-foot sidewalk
With conformance with the included conditions of approval, the subject site will be in
compliance with all applicable Town Center streetscape standards.

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
2,338 SF
1:50 sf of
seating area
seating
47
area
Liquor
Establishment
2,583 other
(Tavern)
1:200 of
13
all other
areas

FS

SUP-65961, SUP-65962 and SDR-65963 [PRJ-65539]


Staff Report Page Twelve
September 13, 2016 - Planning Commission Meeting

Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
60
Y
TOTAL SPACES REQUIRED
57
3
57
3
Y
Regular and Handicap Spaces Required
Loading
1
1
Y
Spaces
The subject site meets all applicable Title 19 parking requirements. 30 percent of provided
parking spaces are designated as compact spaces as allowed by Title 19.08.

FS

SUP-65961

CLV Planning - Application Form


Application Number:

PRJ-65539

Application/Petition For:

2 SUPs and SDR for proposed Tavern use

ProjectAddress (Location):

FARM RD AND OSO BLANCA ROAD

Project Name

SAGOS

Assessors Parcel #(s):

12517210448

Ward #:

WARD 6 (STEVEN D. ROSS)

Is the Application Information


Correct:

Yes

If no, ...change what


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

Select

Gross Acres:

1.77

Lots/Units:

Additional Information:
Applicant First Name:

John

Applicant Last Name:

Carroll

Applicant Address:

4945 West Patrick Lane

Applicant City:

Las Vegas

Applicant State:

Nevada

Applicant Zip:

89118

Applicant Phone:

7025347888

Applicant Fax:
Applicant Email:

jjc@ggwarchitects.com

Rep First Name:

John

Rep Last Name:

Carroll

Rep Address:

4945 West Patrick Lane

Rep City:

Las Vegas

Rep State:

Nevada

Rep Zip:

89118

Rep Phone:

7025347888

Rep Fax:
Rep Email:

jjc@ggwarchitects.com

SUP-65961, SUP-65962 and SDR-65963

8/4/2016 5:56:10 PM

Page 1 of 2

CLV Planning - Application Form


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

Yes

Is the Owner Information Correct:

Yes

If no, ...change what

Owner(s)

ADDR1

ADDR2

TIBLLC

1224 S RIVER RD #B215

SAINT GEORGE, UT 84790

CLVEPLAN Applicant

Company

Title

Email

John Carroll

Gary Guy Wilson Architects, PC

Architectural Drafter

jjc@ggwarchitects.com

8/4/2016 5:56:10 PM

Page 2 of 2

SUP-65961, SUP-65962 and SDR-65963 - REVISED

SUP-65961, SUP-65962 and SDR-65963 - REVISED

SUP-65961, SUP-65962 and SDR-65963 - REVISED

SUP-65961, SUP-65962 and SDR-65963 - REVISED

SUP-65961, SUP-65962 and SDR-65963

SUP-65961, SUP-65962 and SDR-65963

SUP-65961, SUP-65962 and SDR-65963

SUP-65961 [PRJ-65539] SPECIAL USE PERMIT


APPLICANT/OWNER: TIB, LLC
EAST SIDE OF OSO BLANCA ROAD AT FARM ROAD

RELATED

TO

SUP-65962

AND

08/04/16

SDR-65963

SUP-65961 [PRJ-65539] SPECIAL USE PERMIT


APPLICANT/OWNER: TIB, LLC
EAST SIDE OF OSO BLANCA ROAD AT FARM ROAD

RELATED

TO

SUP-65962

AND

08/04/16

SDR-65963

SUP-65961 [PRJ-65539] SPECIAL USE PERMIT


APPLICANT/OWNER: TIB, LLC
EAST SIDE OF OSO BLANCA ROAD AT FARM ROAD

RELATED

TO

SUP-65962

AND

08/04/16

SDR-65963

77777777777777777777777777777
777777777

777777

777

77777777777

7777777777777777777

A7777 7777777777777

77b777777777777777777777

A77

A77777
7
7
7
777
77

77777b

7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 bb
777777

7
777A7777777777
77777777777
7 7 7 7 7 :7 7 7 7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 7 7 7 7 7 7 7
77A777777777777
7 7 7 7 7 7 7 7 7 :7 7 7 7
7 7 7 b7 7 7 7 7 7 7 7 7 7
77777777777
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
77777777777777
777777777777777777
777777777777777777
77777777

7 E7

7 7

7 7

7 7

7 7

7 77

7 7

7 7

7 77

777b

7 7

7 7

7 77

7777b

7 7

7 77

7 77

77
77
77E7

777 7
7
777777:7
777
7

77777
77
777E777777777E
77A7E77777777

777777A7A777777

b77777777

SUP-65961, SUP-65962 and SDR-65963

Agenda Item No.: 91.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-65962 - SPECIAL USE PERMIT RELATED TO SUP-65961 - PUBLIC HEARING APPLICANT/OWNER: TIB, LLC - For possible action on a request for a Special Use Permit
FOR A PROPOSED 4,922 SQUARE-FOOT GAMING ESTABLISHMENT, RESTRICTED
LICENSE WITH A WAIVER TO ALLOW SUCH USE WITHIN 330 FEET OF A SINGLE
FAMILY DETACHED DWELLING on the east side of Oso Blanca Road at Farm Road (APN
125-17-210-448), T-C (Town Center) Zone [GC-TC (General Commercial - Town Center)
Special Land Use Designation], Ward 6 (Ross) [PRJ-65539]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

SUP-65962

Agenda Item No.: 92.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SDR-65963 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-65961 AND SUP65962 - PUBLIC HEARING - APPLICANT/OWNER: TIB, LLC - For possible action on a
request for a Site Development Plan Review FOR A PROPOSED 4,072 SQUARE-FOOT
LIQUOR ESTABLISHMENT (TAVERN) WITH 850 SQUARE FEET OF OUTDOOR
SEATING AREA on the east side of Oso Blanca Road at Farm Road (APN 125-17-210-448), TC (Town Center) Zone [GC-TC (General Commercial - Town Center) Special Land Use
Designation], Ward 6 (Ross) [PRJ-65539]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

SDR-65963

Agenda Item No.: 93.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-65974 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: GOLDEN
TAVERN GROUP, LLC - OWNER: REMINGTON COMMERCIAL VIII, LLC - For possible
action on a request for a Special Use Permit FOR A PROPOSED LIQUOR ESTABLISHMENT
(TAVERN) at the northwest corner of Oso Blanca Road and Durango Drive (APN 125-17-314001), T-C (Town Center) Zone [GC-TC (General Commercial - Town Center) Special Land Use
Designation], Ward 6 (Ross) [PRJ-65951]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - SUP-65974, SUP-65975 and SDR-65976 [PRJ-65951]
2. Special Map
3. Conditions and Staff Report - SUP-65974, SUP-65975 and SDR-65976 [PRJ-65951]
4. Supporting Documentation - SUP-65974, SUP-65975 and SDR-65976 [PRJ-65951]
5. Photo(s) - SUP-65974, SUP-65975 and SDR-65976 [PRJ-65951]
6. Justification Letter - SUP-65974, SUP-65975 and SDR-65976 [PRJ-65951]
7. Protest Email and Letter- SUP-65974, SUP-65975 and SDR-65976 [PRJ-65951]

SUP-65974, SUP-65975 and SDR-65976 [PRJ-65951]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: GOLDEN TAVERN GROUP, LLC - OWNER:
REMINGTON COMMERCIAL VIII, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

SUP-65974

Staff recommends APPROVAL, subject to conditions:

SUP-65975

Staff recommends APPROVAL, subject to conditions:


.
Staff recommends APPROVAL, subject to conditions:

SDR-65976

REQUIRED FOR
APPROVAL

SUP-65974
SUP-65974
SUP-65975

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

57

NOTICES MAILED

291 SUP-65974 and SUP-65975


291 SDR-65976

APPROVALS

0 SUP-65974 and SUP-65975


0 SDR-65976

PROTESTS

2 SUP-65974 and SUP-65975


5 SDR-65976

FS

SUP-65974, SUP-65975 and SDR-65976 [PRJ-65951]


Conditions Page One
September 13, 2016 - Planning Commission Meeting

** CONDITIONS **

SUP-65974 CONDITIONS
Planning

1.

Conformance to all Minimum Requirements under the Town Center Development


Standards Manual for a Liquor Establishment (Tavern) use.

2.

Approval of and conformance to the Conditions of Approval for Special Use Permit (SUP65975) and Site Development Plan Review (SDR-65976) shall be required.

3.

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

4.

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

5.

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

6.

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.

FS

SUP-65974, SUP-65975 and SDR-65976 [PRJ-65951]


Conditions Page Two
September 13, 2016 - Planning Commission Meeting

SUP-65975 CONDITIONS
Planning

1.

Conformance to all Minimum Requirements under Town Center Development Standards


for a Gaming Establishment, Restricted License use.

2.

Approval of and conformance to the Conditions of Approval for Special Use Permit (SUP65974) and Site Development Plan Review (SDR-65976) shall be required.

3.

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

4.

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


Restricted License within 330 feet of a single family detached dwelling.

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.

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.

FS

SUP-65974, SUP-65975 and SDR-65976 [PRJ-65951]


Conditions Page Three
September 13, 2016 - Planning Commission Meeting

SDR-65976 CONDITIONS
Planning
1.

Approval of and conformance to the Conditions of Approval for Special Use Permit (SUP65974) Special Use Permit (SUP-65975) shall be required.

2.

Conformance to the approved conditions for Site Development Plan Review (SDR-58128).

3.

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

4.

All development shall be in conformance with the site plan, landscape plan, and building
elevations, date stamped 08/01/16 except as amended by conditions herein.

5.

All proposed mechanical equipment and utility apparatus on the subject pad site shall be
screened per the Town Center Development Standards.

6.

All utility boxes to be placed immediately adjacent to Oso Blanca Road shall be placed so
that the access doors open parallel to the Town Center Frontage Road trail corridor and are
accessible without the need to cut down or reduce the effectiveness of the landscaping
within the trail or landscape buffer area.

7.

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

8.

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

9.

If not installed by the developer of the overall shopping center, amenity zone and landscape
buffer treatments are required to be installed per the Town Center Frontage Road standards.

10.

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


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

FS

SUP-65974, SUP-65975 and SDR-65976 [PRJ-65951]


Conditions Page Four
September 13, 2016 - Planning Commission Meeting

11. A fully operational fire protection system, including fire apparatus roads, fire hydrants and
water supply, shall be installed and shall be functioning prior to construction of any
combustible structures.
12. All City Code requirements and design standards of all City Departments must be satisfied,
except as modified herein.

Public Works

13. Meet with the Fire Protection Engineering Section of the Department of Fire Services to
discuss fire requirements for the proposed use of this facility. The design and layout of all
onsite private circulation and access drives shall meet the approval of the Department of
Fire Services.
14. Site development to comply with all applicable conditions of approval for Site
Development Plan Review SDR-58128, TMP-59501, FMP-62116 and all other applicable
site-related actions.

FS

SUP-65974, SUP-65975 and SDR-65976 [PRJ-65951]


Staff Report Page One
September 13, 2016 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION
The proposal is for a 5,336 square-foot Liquor Establishment (Tavern) on Pad C of a
previously approved shopping center located at Oso Blanca Road at Durango Drive. A Waiver
has been requested to allow a Gaming Establishment, Restricted License use within 330 feet of a
single family detached dwelling.

ISSUES
x
x
x

The Liquor Establishment (Tavern) use is permitted within a GC-TC (General Commercial
Town Center) designated parcel with the approval of a Special Use Permit. Staff
recommends approval of the request.
A Special Use Permit and distance separation waiver is being requested for a Gaming
Establishment, Restricted License within 330 feet of a single family dwelling. Staff
recommends approval of the request.
A major amendment to an approved Site Development Plan Review (SDR-58128) is being
requested for a 5,336 square-foot Liquor Establishment (Tavern) on Pad C of an approved
37,220 square-foot shopping center. Staff recommends approval of the request.

ANALYSIS
The subject site is located within the Town Center plan area with a GC-TC (General Commercial
Town Center) special area plan designation. As the Site Development Plan Review does not
have any associated waivers and generally meets all applicable Town Center standards, staff
recommends approval of the application.
The site plan depicts a new 5,336 square foot, 27-foot tall building located on the western portion
of the site. The building elevations depict a flat roof and an exterior comprised of stucco and a
cultured stone finish. The site will be built on Pad C of a multi-tenant 37,220 square-foot
shopping center. The previously approved use on the subject pad site was a Financial Institution
with a Drive Through.
Oso Blanca Road is classified as a Town Center Frontage Road and the Town Center design
standards require a streetscape treatment consisting of a four-foot amenity zone and a five-foot
sidewalk. The sidewalk, amenity zone and hardscapes are shown as existing on the Landscape
Plan, and a condition of approval has been included to ensure that the proper amenity zone
landscaping is installed per the previously approved Site Development Plan Review and the
Town Center standards.
FS

SUP-65974, SUP-65975 and SDR-65976 [PRJ-65951]


Staff Report Page Two
September 13, 2016 - Planning Commission Meeting

A related Special Use Permit has been requested for a Liquor Establishment (Tavern) use. The
request is recommended for approval as the site meets all distance separation requirements from
protected uses and is located on a commercial parcel adjacent to a freeway off-ramp and a 90foot frontage road. The proposed use is appropriate for the subject site and it is compatible with
land uses in the area.
The Liquor Establishment (Tavern) use is permitted with the approval of a Special Use Permit on
a GC-TC (General Commercial Town Center) designated parcel. The Liquor Establishment
(Tavern) use 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 Minimum Special Use Permit Requirements for this use include:
a. No tavern shall be located within 400 feet of any church, synagogue, school, child
care facility licensed for more than twelve children or city park.
The subject site is not located within 400 feet of a protected use.
b. Uses licensed as taverns or other comparable establishments, shall have no specific
spacing requirements between similar uses. However, the Las Vegas City Council
may consider the concentration and spacing of such uses as part of its deliberation
and approval of any requests for such establishments.
c. The distances referred to in paragraphs a. and b. shall be measured in a straight line
from the property line of the church, synagogue, school, child care facility or from the
nearest property line of a city park to the property line of the proposed liquor
premises, and in a straight line from the property line of the proposed tavern to the
property line of any existing tavern or comparable establishment, disregarding all
intervening obstacles.
d. All businesses which sell alcoholic beverages shall conform to the provisions of
LVMC 6.50.
A condition of approval has been included to ensure compliance with licensing
requirements.

FS

SUP-65974, SUP-65975 and SDR-65976 [PRJ-65951]


Staff Report Page Three
September 13, 2016 - Planning Commission Meeting

e. No tavern shall be located within any Service Commercial District unless it is part of
a development with an aggregate acreage exceeding 50 acres with a majority of the
acreage located within a zone which allows taverns.
The subject site is located within the GC-TC (General Commercial Town Center)
zone.
A related Special Use Permit has been requested for a Gaming Establishment, Restricted License
use with a waiver to allow such use within 330 feet of a single family detached dwelling. The
subject site is located 240 feet from the property line of the nearest single-family detached
dwelling; however, the proposed gaming use is separated by a 90-foot right-of-way, and the
nearest single family home is further separated by a perimeter wall and the rear yard. The
entrance to the residential subdivision is approximately 640 feet to the west of the subject site
and its residents will not be impacted by the proposed use. As such, the Special Use Permit and
associated waiver request is recommended for approval.
The Gaming Establishment, Restricted License use is permitted with the approval of a Special
Use Permit within a GC-TC (General Commercial Town Center) designated parcel. The
Gaming Establishment, Restricted License use defined as:
An establishment which is used or intended to be used for gaming activities for which a
restricted gaming license is required pursuant to Title 6 of the Las Vegas Municipal Code. For
informational purposes, the term refers to an establishment whose gaming operations are limited
to not more than fifteen slot machines, incidental to the primary business at the establishment,
and no other game or gaming device
The Minimum Special Use Permit Requirements for this use include:
a. A Special Use Permit is required for any new gaming establishment.
b. May not locate within 330 feet of any single-family detached dwelling.
The subject site is located 240 feet from the nearest single-family detached dwelling
and a waiver has been requested to provide relief from this requirement. The
proposed gaming use is separated by a 90-foot right-of-way from the adjacent
residential development, and the nearest single family home is further separated by a
neighborhood perimeter wall and the rear yard. The entrance to the residential
subdivision is approximately 640 feet to the west of the subject site, and therefore it
has been determined that the use can be conducted in a harmonious manner with the
surrounding residential in the area.

FS

SUP-65974, SUP-65975 and SDR-65976 [PRJ-65951]


Staff Report Page Four
September 13, 2016 - Planning Commission Meeting

Las Vegas Valley Water District


Civil plans have been approved to bring the fire line to the commercial center. This proposed
project will be required to submit civil and plumbing plans to determine domestic meter size
required to serve the building. Domestic meter and backflow preventer will need to be installed.

FINDINGS (SUP-65974)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
1.

The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
The proposed Liquor Establishment (Tavern) use meets all distance separation
requirements and therefore can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land uses as
projected by the General Plan.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The subject site is physically suitable for the proposed Liquor Establishment (Tavern) use.

3.

Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
The street facilities providing access to the property are adequate in size to accommodate
the Liquor Establishment (Tavern) 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 the Liquor Establishment (Tavern) use will require the conformance to all
Title 6 licensing requirements and therefore it will not compromise the public health,
safety, and welfare, or the overall objectives of the General Plan

5.

The use meets all of the applicable conditions of the Town Center Development
Standards Manual.
The proposed Liquor Establishment (Tavern) use meets all conditions of the Town Center
Development Standards Manual
FS

SUP-65974, SUP-65975 and SDR-65976 [PRJ-65951]


Staff Report Page Five
September 13, 2016 - Planning Commission Meeting

FINDINGS (SUP-65975)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
1.

The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
The subject site is located 240 feet from the nearest single-family detached dwelling where
a minimum of 330 feet is required, and a waiver has been requested to provide relief from
this requirement. The proposed restricted gaming use is separated from the adjacent
residential by a 90-foot right-of-way, and the entrance to the subdivision is approximately
640 feet from the subject site. The gaming use will have no impact on the adjacent
residential and therefore it can be conducted in a harmonious manner with the surrounding
land uses.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The subject site is physically suitable for the Gaming, Restricted License use.

3.

Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
The street facilities providing access to the property are adequate in size to accommodate
the Gaming, Restricted License 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 the Gaming, Restricted License use will require the conformance to all Title 6
licensing requirements and therefore it will not compromise the public health, safety, and
welfare, or the overall objectives of the General Plan.

5.

The use meets all of the applicable conditions of the Town Center Development
Standards Manual.
With the approval of the requested distance separation waiver to allow the use within 330
feet from single family detached dwelling, the use will meet all applicable conditions of
the Town Center Development Standards Manual.

FS

SUP-65974, SUP-65975 and SDR-65976 [PRJ-65951]


Staff Report Page Six
September 13, 2016 - Planning Commission Meeting

FINDINGS (SDR-65976)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E) the
Planning Commission and/or City Council must affirm the following:
1.

The proposed development is compatible with adjacent development and


development in the area;
The proposed development is compatible with adjacent development and development in
the area.

2.

The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other dulyadopted city plans, policies and standards;
The proposed development is consistent with the General Plan and the Town Center
Development Standards.

3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
Site access and circulation does not negatively impact adjacent roadways or neighborhood
traffic.

4.

Building and landscape materials are appropriate for the area and for the City;
The building and landscape materials used are appropriate for the area and for the City.

5.

Building elevations, design characteristics and other architectural and aesthetic


features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;
The building elevations, design characteristic and other features are not unsightly or
obnoxious in appearance, and are harmonious and compatible with development in the
area.

6.

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

FS

SUP-65974, SUP-65975 and SDR-65976 [PRJ-65951]


Staff Report Page Seven
September 13, 2016 - Planning Commission Meeting

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Planning Commission approved a Special Use Permit (SUP-58125) for a
04/14/15
Restaurant with a Drive Through. Staff had recommended approval.
The Planning Commission approved a Special Use Permit (SUP-58126) for a
04/14/15
Restaurant with a Drive Through. Staff had recommended approval.
The Planning Commission approved a Special Use Permit (SUP-58127) for a
Convenience Store with Fuel Pumps and a waiver to allow a 250-foot distance
04/14/15
separation from a single family dwelling were 330 feet is required. Staff had
recommended approval.
The Planning Commission approved Site Development Plan Review (SDR58128) for a 37,220 square-foot shopping center with a waiver to allow a
04/14/15
reduction of perimeter landscaping along the east property line. Staff had
recommended approval.
The Planning Commission approved a Tentative Map (TMP-59501) for a one07/14/15
lot commercial subdivision. Staff had recommended approval.
The Planning Commission approved a Special Use Permit (SUP-63961) for a
proposed Auto Parts (Accessory Installation) use with a waiver to allow
05/10/16
service bay doors to face a public right-of-way at the northwest corner of Oso
Blanca Road and Durango Drive. Staff recommended approval
The Planning Commission approved a Site Development Plan Review (SDR63961) for a proposed 5,220 square-foot Auto Parts (Accessory Installation)
05/10/16
building on 6.49 acres at the northwest corner of Oso Blanca Road and
Durango Drive. Staff recommended approval.

Most Recent Change of Ownership


07/09/15
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit was approved (60746) for a building shell and associated
07/05/16
on-site improvements at 7540 Oso Blanca Road.

Pre-Application Meeting
General application submittal requirements pertaining to the proposed
07/28/16
development were discussed.

FS

SUP-65974, SUP-65975 and SDR-65976 [PRJ-65951]


Staff Report Page Eight
September 13, 2016 - Planning Commission Meeting

Neighborhood Meeting
A neighborhood meeting was held for the Gaming Establishment, Restricted
09/01/16
License as required by the Town Center Development Standards when a
waiver is being requested for a use that requires a Special Use Permit.

Field Check
07/30/16

A field check was conducted and the subject pad is undeveloped.

Details of Application Request


Site Area
Net Acres
6.50

Surrounding
Property

Existing Land Use


Per Title 19.12

Subject Property

Undeveloped

North

Undeveloped

South

Undeveloped

East

Undeveloped

West

Multi-Family
Residential

Master Plan Areas


Town Center Master Plan
Special Purpose and Overlay Districts
T-C (Town Center) District

Planned or Special
Land Use Designation
GC-TC (General
Commercial Town
Center) Designation
GC-TC (General
Commercial Town
Center)
SC-TC (Service
Commercial Town
Center) Designation
SC-TC (Service
Commercial Town
Center) Designation
SX-TC (Suburban
Mixed Use Town
Center) Designation

Existing Zoning District


T-C (Town Center)

T-C (Town Center)

T-C (Town Center)

T-C (Town Center)

T-C (Town Center)

Compliance
Y
Compliance
Y

FS

SUP-65974, SUP-65975 and SDR-65976 [PRJ-65951]


Staff Report Page Nine
September 13, 2016 - Planning Commission Meeting

Other Plans or Special Requirements


Compliance
Trails
Y
Las Vegas Redevelopment Plan Area
N/A
Project of Significant Impact (Development Impact Notification Assessment)
N/A
Project of Regional Significance
N/A
With the approval of the requested distance separation waiver, the subject site will be in
compliance with all applicable Town Center standards. The subject site is located along a Town
Center Frontage Road and trail alignment. Conditions of approval have been included to ensure
the proper Town Center streetscape and landscape treatment is installed.

DEVELOPMENT STANDARDS
Pursuant to Town Center Development Standards Manual, the following standards apply:
Standard
Required/Allowed
Provided
Compliance
Min. Setbacks
x Front
15 Feet
15 Feet
Y
x Side
10 Feet
300 Feet
Y
x Corner
15 Feet
N/A Feet
Y
x Rear
20 Feet
300 Feet
Y
Max. Building Height
Two Stories
One Story
Y
Screened,
Gated, w/
Trash Enclosure
Y
Screened, Gated, w/ a Roof or
a Roof or Trellis
Trellis
Mech. Equipment
Screened
Screened
Y

Street Name

Oso Blanca Road

Functional
Classification of
Street(s)
Town Center
Frontage Road

Governing Document
Town Center
Development Standards
Manual

Actual
Street Width
(Feet)

Compliance
with Street
Section

90

FS

SUP-65974, SUP-65975 and SDR-65976 [PRJ-65951]


Staff Report Page Ten
September 13, 2016 - Planning Commission Meeting

Streetscape Standards

Town Center Frontage Road

Required

Provided
A four-foot amenity
A four-foot amenity zone
zone with single
with single alternating
alternating palm trees
palm trees at intervals of
at intervals of 35 feet35 feet-on-center and a 5on-center and a 5-foot
foot sidewalk.
sidewalk.

Compliance

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Liquor
Establishment 5,336
1:250
22
(Tavern)
TOTAL SPACES REQUIRED
Regular and Handicap Spaces Required
Loading
Spaces

22
21

1
1

304
291

Y
Y

13
5

The subject pad is part of a larger shopping center that is significantly over parked (145 required,
304 provided). The addition of the proposed tavern will not have a detrimental effect on the
remainder of the site.

FS

SUP-65974

SUP-65974

b7

777

77

b77

7777

77

77 77

777

777

777 777

7777 7

7777

7777

777



0 7

7
7
7

77b

7
7
7


777A

77

7
3

73

77

777

77

77

7
7

7
7
7

A7
77

7
7
7

AA7

707

77
7

7A777
777
7

SUP-65974, SUP-65975 and SDR-65976

7b
b7
777

b77777b

7 7 777 777

A77b

b77 7777b7

37

7777

7777377

77

b7 7777b7

37

7777

777

777b

A77

7777b7

77 77

377

777

b77

77777

777

7
777

7777b7

777

7777

777A77

A7b7

777

77777

777A77

377

A77

b7 7777b7

377

77777

7
777

777

77
7

777

777

777A77

A7A

?77

7
7

777

77

37

77

777

7:

77

7
:77

7777

7:

A
A

7A
A

777

7
7
7

:77

7
77
7

7:

:7

77

(A

77 7
7A

7A7

7 7

(A

7 7

7A

7A7

A7

(A

7 7

7A

7A7

A7b

(A

7 7

7A

7A7

A7

(A

7A

7A7

A7A

(A

77A

A777

77A7 7

77

bbA7AA7

77

b777b7

7(A

77

b7

777

77

7
777

777

777

7777

77 77

777

777

777 777

7777 7

7777

7777

7
7
7

777

77

77

SUP-65974, SUP-65975 and SDR-65976

7b
b7
777

b77777b

7 7 777 777

A77b

b77 7777b7

37

7777

7777377

77

b7 7777b7

37

7777

777

777b

A77

7777b7

77 77

377

777

777

b77

77777

777

777A77

A7

7777b7

77 77

377

7777

b77

77777

777A77

A7

b7 7777b7

377

77777

777

777A77

A7A

?77

77

37

77

777

7:

77

7
:77

7777

7:

A
A

7A
A

777

7
7
7

:77

7
77
7

7:

:7

77

(A

77 7
7A

7A7

7 7

(A

7 7

7A

7A7

A7

(A

7 7

7A

7A7

A7b

(A

7 7

7A

7A7

A7

(A

7A

7A7

A7A

(A

77A

A777

77A7 7

77

bbA7AA7

77

b777b7

7(A

77

b7

Ab7

A7

A7

7
7
77

77

77

77

7
7
7377
b
3

A
A7

b7A7

73

7
3707
7

777

73

A7

A77

A7
b7
7

A7

AbA7A7

777

777
7A
77

77
7

737

777

7
7
7

AA7

7
7
7

A7

707

7
7

7
7
7



0 7

77
7

777

77

77

777A

77

7
A
7
7
7
7 7

0 7A
3

7 3

7
7
7

77b

7A777
777
7

SUP-65974, SUP-65975 and SDR-65976

7b
b7
777

b77

b777A7

77A7

7b7A7777b7777707

7A7A777b7777A7777A70

7AbA7AA77777b7b77A

b7777077b

7A77A7A777b777A7777

A7A7AA77777b7A7b

73

b7A7

73

AbA77

b77777b

b77
77

7
77
777

77

77 7b
777 37

7737

77 7

77

777

7777

77 7

777

A7

37

77
77 7
77 7

7A7

A7b
77A7
77

77A7b

7
777

A
A7

777bb7A

777

bA7

b77Ab
bAA7b 77
A77

SUP-65974, SUP-65975 and SDR-65976

7
7 7

bA7

7
7 7 777

7
7 7AA7

7
7 7AA

777bb7A
77b7A77
A77A7
A7 A7

77bEE7

E77A77A

777bb7A

b77Ab
bAA7b 77
A77

bA7

bA7

7bb7A7 7
7b7A77
A77A
77Ab7

7bb7A7 7
7b7A77
A77A
77Ab7

7bb7A7 7
7b7A77
A77A
77Ab7

77bEE7

E77A77A

77
77

A7

777bb7A
77b7A77
A77A7
A7 A7

77

7b
b7
777

bb77777b

7
7 7

777bb7A
77b7A77
A77A7
A7 A7

7
7 7 777

7
7 7AA

7
7 7AA7

7
7 7

b77Ab
bAA7b 77
A77

bA7

7
7 7 777

7
7 7AA

7
7 7AA

7
7 7

b77Ab
bAA7b 77
A77

7
7 7 777

7
7 7AA

7
7 7AA

77

77

777

7777

777

b7

777

77
77

SUP-65974, SUP-65975 and SDR-65976

7b
b7
777

b77777b

77

77

777

7777

777

SUP-65974, SUP-65975 and SDR-65976

77

b777
77

7b77777777777b77b7757

7b
b7
77

bb77777b

77

77

7777

777

SUP-65974 [PRJ-65951] SPECIAL USE PERMIT RELATED TO SUP-65975 AND SDR-65976 APPLICANT: GOLDEN TAVERN GROUP, LLC - OWNER: REMINGTON COMMERCIAL VIII, LLC
NORTHWEST CORNER OF OSO BLANCA ROAD AND DURANGO DRIVE
08/04/16

SUP-65974, SUP-65975 and SDR-65976 - REVISED

SUP-65974, SUP-65975 and SDR-65976 - REVISED

Agenda Item No.: 94.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-65975 - SPECIAL USE PERMIT RELATED TO SUP-65974 - PUBLIC HEARING APPLICANT: GOLDEN TAVERN GROUP, LLC - OWNER: REMINGTON COMMERCIAL
VIII, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED
GAMING ESTABLISHMENT, RESTRICTED LICENSE WITH A WAIVER TO ALLOW
SUCH USE WITHIN 330 FEET OF A SINGLE-FAMILY DETACHED DWELLING at the
northwest corner of Oso Blanca Road and Durango Drive (APN 125-17-314-001), T-C (Town
Center) Zone [GC-TC (General Commercial - Town Center) Special Land Use Designation],
Ward 6 (Ross) [PRJ-65951]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

SUP-65975

SUP-65975

Agenda Item No.: 95.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SDR-65976 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-65974 AND SUP65975 - PUBLIC HEARING - APPLICANT: GOLDEN TAVERN GROUP, LLC - OWNER:
REMINGTON COMMERCIAL VIII - For possible action on a request for a Major Amendment
to a previously approved Site Development Plan Review (SDR-58128) FOR A PROPOSED
5,336 SQUARE-FOOT LIQUOR ESTABLISHMENT (TAVERN) ON PAD C located on 6.51
acres at the northwest corner of Oso Blanca Road and Durango Drive (APN 125-17-314-001), TC (Town Center) Zone [GC-TC (General Commercial - Town Center) Special Land Use
Designation], Ward 6 (Ross) [PRJ-65951]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

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

Consistent with the Citys


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

SDR-65976

SDR-65976

Agenda Item No.: 96.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-65957 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: 1511
CASINO CENTER, LLC - For possible action on a request for a Special Use Permit FOR A
MULTI-FAMILY RESIDENTIAL USE at 1511 South Casino Center Boulevard (APN 162-03210-054), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-65124]. Staff recommends
DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter

SUP-65957 (PRJ-65124)

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: 1511 CASINO CENTER, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER

RECOMMENDATION

SUP-65957

Staff recommends DENIAL, if approved subject to


conditions:

REQUIRED FOR
APPROVAL

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

164

APPROVALS

PROTESTS

30

SS

SUP-65957 (PRJ-65124)
Conditions Page One
September 13, 2016 - Planning Commission Meeting

** CONDITIONS **

SUP-65957 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, as well as submitted as part of any business license application.

4.

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

SS

SUP-65957 [PRJ-65124]
Staff Report Page One
September 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting to change the use of the property at 1511 South Casino Center
Boulevard from commercial to multi-family residential for the purposes of providing apartment
units for rent.

ISSUES
x

Multi-Family Residential is a conditional use in the C-2 (General Commercial) zoning


district. One condition of this use requires that it be part of a mixed use development. As a
mixed use development is not proposed for this site, approval of a Special Use Permit is
required.
The portion of the block on the east side of Casino Center containing the subject parcel is
designated C (Commercial) in the General Plan. Only the subject parcel (APN 162-03-210054) and the parking lot at the northeast corner of Wyoming Avenue and Casino Center
Boulevard conform to the General Plan with respect to zoning.

ANALYSIS
The Multi-Family Residential use is defined as A structure used or designed as a residence for
three or more families or households living independently of each other. The proposed use
meets the definition, as 44 apartment units with separate sleeping and cooking facilities are
indicated on the floor plans. In the P-O (Professional Office), O (Office), C-1 (Limited
Commercial) and C-2 (General Commercial) zoning districts, this use is permitted only in
conjunction with an approved mixed-use development. Such developments must provide ground
level retail, office or other commercial space in addition to multi-family residential units on
upper levels. As no commercial component is proposed for the existing building, the applicant
must file a Special Use Permit to allow the use at this location, pursuant to Title 19.12.040(B).
The subject parcel (APN 162-03-210-054) is part of a group of parcels on this block under single
ownership intended to be used for apartment residences. The existing two-story building at this
location had been operating as a Hotel, Residence (Extended Stay Hotel); the most recent license
was marked out of business on 02/28/16. The proposal is for 44 studio and one-bedroom micro
apartment units with a minimum lease period of six months. This use is also proposed on the
adjacent building to the south (on which the property is zoned R-4); all together there are 66
units.

SS

SUP-65957 [PRJ-65124]
Staff Report Page Two
September 13, 2016 - Planning Commission Meeting

The remaining parcels owned by the applicant are zoned R-4 (High Density Residential), in
which multi-family residential is a permitted use as of right. These remaining parcels do not
conform to the C (Commercial) General Plan Designation with respect to the zoning designation.
As a standalone Multi-Family Residential use is intended for residentially zoned parcels and not
commercially zoned parcels, the preferred course of action for the applicant is to rezone APN
162-03-210-054 from C-2 (General Commercial) to R-4 (High Density Residential) and to
change the General Plan designation of each of the R-4 parcels from C to MXU (Mixed Use),
which allows for the widest possible range of uses. Staff therefore recommends denial of the
request for a Special Use Permit as a means of allowing the Multi-Family Residential use on the
property. If denied, a business license for the rental of residential apartment units cannot be
issued.
Development within this site is normally subject to the requirements of the Downtown South
District contained in the Downtown Centennial Plan. However, as this is a use conversion with
no exterior remodeling necessary, only the Development Threshold Requirements of Section
VIII.A (Table 1) of the Downtown Centennial Plan apply. Therefore, only the Special Use
Permit and the business license are needed. A fire permit is not required for the change of
license. New streetscaping on Casino Center Boulevard is not required. No additional parking
spaces are required.
Per Title 19 standards, 1.25 spaces per studio or one-bedroom unit plus one guest space per six
units are required for multi-family residential uses. On this parcel, there are 44 studio and onebedroom units, for a total of 63 parking spaces required where 44 spaces are required for the
current hotel use. Within the Downtown Centennial Plan Overlay District, these standards are
not automatically applied. A total of 30 parking spaces are shared between this parcel and the
parcel to the south, which also contains a proposed multi-family residential use. Two
handicapped spaces are provided on the parcel to the south. The parking lot will be resurfaced
and restriped to clearly mark the parking spaces. Within the Downtown Centennial Plan,
handicapped parking spaces must meet federal (ADA) standards when no new building
development is proposed. According to the applicant, many residents work in the Downtown
area and do not use automobiles as their primary source of transportation, justifying the reduced
number of spaces. On-street parking is available along Casino Center Boulevard.
The applicant intends for the existing buildings to remain on separate lots. As no expansion or
other external building is proposed, there is no requirement to consolidate the underlying platted
lots that make up the site.

FINDINGS (SUP-65957)
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

SUP-65957 [PRJ-65124]
Staff Report Page Three
September 13, 2016 - Planning Commission Meeting

1.

The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
The adjacent properties on the east side of Casino Center Boulevard are used for multifamily residential purposes. However, the site is currently zoned C-2 (General
Commercial), which is intended only for commercial or mixed commercial and residential
uses. Therefore, unless rezoned, the proposed use is deemed not to be compatible with the
existing adjacent land uses.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The existing building previously operated with a similar type of use of greater intensity
(Hotel, Residence) with 46 units, and the site provides adequate access and parking.
Therefore, the site is physically suitable for the reduced intensity of a multi-family
residential use.

3.

Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
Access to the site is provided by Casino Center Boulevard, classified as a Major Collector
by the Master Plan of Streets and Highways. The 80-foot right-of-way is adequate in size
to accommodate the proposed Multi-Family Residential use.

4.

Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
The Multi-Family Residential use will be subject to licensing review and inspection,
thereby protecting the public health, safety and welfare.

5.

The use meets all of the applicable conditions per Title 19.12.
The proposed use does not meet the conditional use regulation for the Multi-Family
Residential use that states that it is only permitted in conjunction with an approved mixeduse development.

SS

SUP-65957 [PRJ-65124]
Staff Report Page Four
September 13, 2016 - Planning Commission Meeting

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The Board of City Commissioners approved a Rezoning (Z-0073-62) from R4 (Apartment Residence) to C-2 (General Commercial) on approximately 0.32
acres on the east side of 2nd Street (now Casino Center Boulevard) between
08/22/62
Utah Street (now Avenue) and Wyoming Street (now Avenue). The Planning
Commission and staff recommended approval. The property was hard zoned
by Ordinance 934-20 on 09/26/62.
Business Licensing Enforcement processed a Case (168908) for an apartment
office at 1511 South Casino Center Boulevard that was remodeled without
07/20/16
permits. The case has not yet been resolved.

Most Recent Change of Ownership


07/27/15
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


The existing building was constructed at 1511 South Casino Center
1963
Boulevard.
A business license (H11-00148) was issued for a Hotel, Residence with 46
units at 1511 and 1515 South Casino Center Boulevard. The license was
03/25/13
marked out of business on 02/28/16.
An application for a business license (G63-08748) for a 76-unit apartment
11/20/15
complex was submitted for review at 1511 and 1515 South Casino Center
Boulevard. The application was denied by staff on 12/02/15.
An application (315838) was made for a building permit for an interior tenant
04/18/16
improvement at 1511 South Casino Center. A permit has not been issued.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss submittal
requirements. A number of options were presented for conversion of the
06/09/16
existing commercial use of the units to multi-family dwellings. The applicant
opted to apply for a Special Use Permit.
Plans and documents were received providing additional information about
the proposed multi-family residential development, which demonstrated that
07/25/16
the submittal requirements could be met.

SS

SUP-65957 [PRJ-65124]
Staff Report Page Five
September 13, 2016 - Planning Commission Meeting

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

Field Check

08/04/16

The site contains an existing two-story building containing motel-style units.


This site and the one to the south are enclosed by a seven-foot block wall with
rolling gates at the access driveways. A Now Leasing banner is attached to
this wall. In addition, the sidewalk along Casino Center Boulevard was
obstructed by a temporary A-frame sign.

Details of Application Request


Site Area
Net Acres
0.32

Surrounding
Property
Subject Property
North
South
East
West

Existing Land Use


Per Title 19.12

Planned or Special
Land Use Designation

Existing Zoning District

Hotel, Residence
Multi-Family
Residential
Multi-Family
Residential
Hotel
General Retail Store
Multi-Family
Residential

C (Commercial)

MXU (Mixed Use)

Master Plan Areas


Downtown Centennial Plan
Special Purpose and Overlay Districts
Downtown Centennial Plan Overlay District (Downtown South District)
A-O (Airport Overlay) District
Live/Work Overlay District

C-2 (General
Commercial)
R-4 (High Density
Residential)
R-4 (High Density
Residential)
C-2 (General
Commercial)
R-4 (High Density
Residential)
R-5 (Apartment)

Compliance
Y
Compliance
Y
Y
Y

SS

SUP-65957 [PRJ-65124]
Staff Report Page Six
September 13, 2016 - Planning Commission Meeting

Other Plans or Special Requirements


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

Compliance
Y
Y
N/A
N/A

DEVELOPMENT STANDARDS

Street Name

Functional
Classification of
Street(s)

Governing Document

Actual
Street Width
(Feet)

Compliance
with Street
Section

Casino Center Blvd.

Major Collector

Master Plan of Streets


and Highways Map

80

Parking Requirement - Downtown


Base Parking Requirement
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
Number of
HandiHandiRatio
Regular
Regular
Units
capped
capped
Multi-Family
Residential
1 space
44
55
(Studio/1 BR
per 1.25
units)
1 space
Guest Parking
44
8
per 6 units
63
14
N
TOTAL SPACES REQUIRED
60
3
14
0
N
Regular and Handicap Spaces Required
Projects located within the Las Vegas Downtown Centennial Plan area are not subject to the
automatic application of parking requirements. However, the above table should be used to illustrate
the requirements of an analogous project in another location in the City.

SS

SUP-65957

b777A7
A77

A77

77

A77

77bA7b7

77

7bAA

A777

77

A777b

77A77
b

777
7777
777

7777

7A7

A77

7777777777777777

A777

A777

A7A7

7777

A7b7

A77

A77

A77

A77

A77

777

777

7A7

777

7b7

77

77

77

77

77

SUP-65957
77 7

777

b777A7
77777777
7777
77777
77777E7
77777b7
7777
777
777
777
77777
777777
77777
7777
77777
77777
E77
7A
7777b7

777

A7

7bA7b777b7

777 7

7A7bA7

bA7A7

b7

77

A777

7777

SUP-65957
77 7

777

77
A7
b77

7
7

77

7
7
7
7

7
7A7
7

7A7
A
7

7

7
7

7 7

SUP-65957

b77

7
7A7
b7

7b7b777

7 7

777

7b7A
7777

77

77

7A

7"7

77

b77
7

7A

77

SUP-65957

7777
7

7
7

7A

77
7
7

7b7A


7
7

7777
7

7A

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957

SUP-65957 [PRJ-65124] SPECIAL USE PERMIT - APPLICANT/OWNER: 1511 CASINO CENTER, LLC
1511 SOUTH CASINO CENTER BOULEVARD
08/04/16

SUP-65957 [PRJ-65124] SPECIAL USE PERMIT - APPLICANT/OWNER: 1511 CASINO CENTER, LLC
1511 SOUTH CASINO CENTER BOULEVARD
08/04/16

SUP-65957 [PRJ-65124] SPECIAL USE PERMIT - APPLICANT/OWNER: 1511 CASINO CENTER, LLC
1511 SOUTH CASINO CENTER BOULEVARD
08/04/16

SUP-65957 [PRJ-65124] SPECIAL USE PERMIT - APPLICANT/OWNER: 1511 CASINO CENTER, LLC
1511 SOUTH CASINO CENTER BOULEVARD
08/04/16

7777

7A77A77A7:

77
b777
7777
777
7777b
77777777777777777
77777777b7b777b7A77A
77777777777777777
77777777777
777777777777b
777777777777777777
77777777777A77777
77777:7:777777777
777777777777777777777
77777777777777777777
777777777777777
7777777777777A7
777777777777E777
7777777:777777777
777:7777777777:7777
:7:777777:7777777777

777777777777777777
77777

7E
777
A77

A7777b
777
7777
777E7
7

SUP-65957

Agenda Item No.: 97.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-65967 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: EL CAPITAN &
LEE, INC. - OWNER: EM-50 UAV SLBCO, LLC - For a possible action on a request for a
Special Use Permit FOR A PROPOSED 14,757 SQUARE-FOOT PACKAGE LIQUOR OFFSALE ESTABLISHMENT at 7752 North El Capitan Way (APN 125-17-611-004), T-C (Town
Center) Zone [SC-TC (Service Commercial - Town Center) Special Land Use Designation],
Ward 6 (Ross) [PRJ-65597]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest/Support Postcards

SUP-65967 [PRJ-65597]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: EL CAPITAN & LEE INC - OWNER: EM-50 UAV
SLBCO, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SUP-65967

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

797

APPROVALS

PROTESTS

56

SS

SUP-65967 [PRJ-65597]
Conditions Page One
September 13, 2016 - Planning Commission Meeting

** CONDITIONS **

SUP-65967 CONDITIONS
Planning
1.

Conformance to all Minimum Requirements under the Town Center Development


Standards for a Package Liquor Off-Sale Establishment use.

2.

Conformance to the approved conditions for Site Development Plan Review (SDR-3191)
as amended.

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.

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.

SS

SUP-65967 [PRJ-65597]
Staff Report Page One
September 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting a Special Use Permit to allow a Package Liquor Off-Sale
Establishment use (Liquor Store) within an existing 14,757 square-foot commercial building at
7752 North El Capitan Way. The building is currently vacant.

ISSUES
x
x
x

A Package Liquor Off-Sale Establishment use is permitted in the SC-TC (Service


Commercial Town Center) Special Land Use Designation with the approval of a Special
Use Permit.
The proposed use meets all distance separation requirements for the Package Liquor Off-Sale
Establishment use. Package liquor sales on the adjacent parcel are accessory to a general
retail store use and are not a protected use as described by Title 19.12.
The 14,757 square-foot building contains a mezzanine that was not included in the Certificate
of Occupancy but is included in the parking calculations.

ANALYSIS
The Package Liquor Off-Sale Establishment is defined by Title 19.18 as An establishment,
other than a grocery store with alcohol, whose license to sell alcoholic beverages authorizes their
sale to consumers only and not for resale, in original sealed or corked containers, for
consumption off the premises where the same are sold. This use includes an establishment that
provides on-premises wine, cordial and liqueur tasting if the licensee also holds a wine, cordial
and liqueur tasting license for that location. This land use entitlement shall only permit the
consideration of LVMC Title 6 package alcoholic beverage licenses for the types of
establishments specifically enumerated at LVMC 6.50.170(B)(2) (liquor store) and (3)
(establishment for instructional wine-making pursuant to LVMC 6.50.100(2).
The proposed use meets the definition, as the applicant is proposing the sale of liquor in original
sealed containers for offsite consumption as the primary use of land within an existing 14,757
square-foot building.
The Town Center Development Standards Manual refers to Title 19.12 for minimum Special Use
Permit requirements for a Package Liquor Off-Sale Establishment use. These include the
following (an asterisk [*] indicates that the requirement is nonwaivable):

SS

SUP-65967 [PRJ-65597]
Staff Report Page Two
September 13, 2016 - Planning Commission Meeting

* 1.

Distance Separation Requirements. 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 minimum
separation between a package liquor off-sale establishment and other uses that should be
protected from impacts associated with a package liquor off-sale establishment and/or
possible impacts associated with the saturation of package liquor off-sale establishments
in any particular area of the City. Therefore, except as otherwise provided herein, such
package liquor off-sale establishment use shall be separated from other uses as indicated
below:
*a.

Except as otherwise provided, no package liquor off-sale establishment (hereinafter


establishment) shall be located within 400 feet of any church/house of worship,
school, individual care center licensed for more than 12 children, or City park.

*b. Except as otherwise provided, no liquor store shall be located within 1000 feet of
any other liquor store, liquor establishment (tavern), urban lounge or sexually
oriented business.
The proposed use meets this requirement, as there are no churches/houses of worship, schools,
individual care centers, City parks, liquor stores, taverns, urban lounges or sexually oriented
businesses within 400 feet of the subject property as measured in accordance with Requirement
2. There is an existing Retail Establishment with Accessory Package Liquor Off-Sale use zero
feet from the subject property (abutting this site to the southeast); however, it is not subject to the
nonwaivable distance separation requirement.
* 2.

Except as otherwise provided in Requirement 3 below, the distances referred to in


Requirement 1 shall be determined with reference to the shortest distance between two
property lines, one being the property line of the proposed establishment which is closest
to the existing use to which the measurement pertains, and the other being the property
line of that existing use which is closest to the proposed establishment. The distance shall
be measured in a straight line without regard to intervening obstacles. For purposes of
measurement, the term property line refers to property lines of fee interest parcels and
does not include the property line of:
a.

Any leasehold parcel; or

b.

Any parcel which lacks access to a public street or has no area for on site parking
and which has been created so as to avoid the distance limitation described in
Requirement 1.

The proposed use meets this requirement. The distance separation measurement is taken from
the property line of the portion of Lot 2 of Durango Square Commercial Subdivision subdivided
through Book 172 Page 36 of Surveys (Parcel 2A).

SS

SUP-65967 [PRJ-65597]
Staff Report Page Three
September 13, 2016 - Planning Commission Meeting

* 3.

In the case of an establishment proposed to be located on a parcel of at least 80 acres in


size, the minimum distances referred to in Requirement 1 shall be measured in a straight
line:
a.
From the nearest property line of the existing use to the nearest portion of the
structure in which the establishment will be located, without regard to intervening
obstacles; or
b. In the case of a proposed establishment which will be located within a shopping
center or other multiple tenant structure, from the nearest property line of the
existing use to the nearest property line of a leasehold or occupancy parcel in which
the establishment will be located, without regard to intervening obstacles.

This requirement does not apply to the proposed use, as the existing parcel within which it is
proposed is less than 80 acres in size.
4.

The minimum distance requirements in Requirement 1 do not apply to an establishment


which has a nonrestricted gaming license in connection with a hotel having 200 or more
guest rooms on or before July 1, 1992 or in connection with a resort hotel having in excess
of 200 guest rooms after July 1, 1992.

This requirement does not apply to the proposed use.


* 5.

All businesses which sell alcoholic beverages shall conform to the provisions of LVMC
Chapter 6.50.

The proposed use meets this requirement, as alcoholic beverages would be sold in sealed
containers as part of the operations of a liquor store. A standard condition of approval requires
conformance to this section of the code.
* 6.

No package liquor off-sale use shall be permitted on or adjacent to the Pedestrian Mall, as
defined in LVMC Chapter 11.68.

This requirement does not apply, as the establishment will not be located on or adjacent to the
Pedestrian Mall.
The use is proposed to be located within an existing 14,757 square-foot building that was
formerly used as a grocery store that sold alcoholic beverages for consumption off the site.
Although the site was approved for a Retail Establishment with Accessory Package Liquor, a
business license for Beer/Wine/Cooler Off-Sale was issued. The display area consists of 9,968
square feet, with the remainder being used for storage, service and administrative purposes.
Adjacent buildings are considered to be part of a shopping center, with shared access and parking
across the site.

SS

SUP-65967 [PRJ-65597]
Staff Report Page Four
September 13, 2016 - Planning Commission Meeting

The City Council has determined that saturation of off premise sales of package liquor in any
particular area of the city may be detrimental to the health, safety and general welfare of the
public, and that separation of such uses best promotes the common good. As a result, new liquor
stores, taverns and sexually oriented businesses cannot be located within 1,000 feet of existing
similar uses. This distance separation requirement cannot be waived. However, if the primary
use of the establishment is something other than selling or dispensing alcoholic beverages (liquor
stores or taverns, for example), a Package Liquor Off-Sale Establishment may locate within
1,000 feet of the existing establishment. In this case, the existing establishment located adjacent
to the proposed use is a General Retail Store (Drug Store) that sells package liquor. Therefore,
the proposed use is permitted to locate on the subject property.

The proposed use requires 83 parking spaces. Although site parking and access are shared with
the parcel to the east, the subject parcel can accommodate all 83 spaces. The parcels are
separated from the existing single family residential development to the north by a perimeter
wall and sufficient landscaping.
The use can be conducted in a manner that is harmonious and compatible with the other
proposed uses in the shopping center and with the commercial and residential uses on adjacent
properties. Staff therefore recommends approval with conditions. If denied, a business license
for a Liquor Store could not be obtained at this location.

FINDINGS (SUP-65967)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
1.

The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
The proposed Package Liquor Off-Sale Establishment use meets all distance separation
requirements. The use is compatible with this shopping center and with the commercial
and residential uses on adjacent properties.

2.

The subject site is physically suitable for the type and intensity of land use proposed.
The 4.87-acre shopping center site can accommodate a wide range of commercial uses,
including the proposed Package Liquor Off-Sale Establishment use.

3.

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

SS

SUP-65967 [PRJ-65597]
Staff Report Page Five
September 13, 2016 - Planning Commission Meeting

Durango Drive, a 120-foot Parkway Arterial as designated by the Master Plan of Streets
and Highways, and El Capitan Way, an 80-foot Town Center Arterial, provide access to
the shopping center and are adequate to accommodate the proposed Package Liquor OffSale Establishment use.
4.

Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
The proposed Package Liquor Off-Sale Establishment will be subject to LVMC Title 6
requirements for licensing and regular inspection to safeguard the public health, safety and
general welfare.

5.

The use meets all of the applicable conditions per the Town Center Development
Standards Manual.
The Town Center Development Standards refer to Title 19.12 Minimum Special Use
Permit Requirements, all of which are met by the proposed Package Liquor Off-Sale
Establishment use.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved the Rezoning (Z-0076-98) of the Town Center
12/07/98
Master Plan Area, including this parcel. The Planning Commission and staff
recommended approval.
The City Council approved a request for a Site Development Plan Review [Z0076-98(14)] for a proposed 208,211 square-foot Shopping Center on the
05/17/00
northwest corner of Farm Road and Tule Springs Road. The Planning
Commission and staff recommended approval.
The City Council approved the appeal of the Planning Commission denial of a
Site Development Plan Review (SDR-3191) for a 23,320 square-foot
01/07/04
commercial development and a Waiver of Town Center Build-To Street
Standards on 4.91 acre at the north corner of Durango Drive and El Capitan
Way. Staff recommended denial.
The Planning Commission approved a Tentative Map (TMP-3272) for a two01/22/04
lot commercial subdivision on 4.91 acres at the northeast corner of El Capitan
Way and Durango Drive. Staff recommended approval.
Department of Planning staff administratively approved a revised site plan
12/03/04
related to the previously approved Site Development Plan Review (SDR3191).

SS

SUP-65967 [PRJ-65597]
Staff Report Page Six
September 13, 2016 - Planning Commission Meeting

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


A Final Map (FMP-4252) for a two-lot commercial subdivision on 4.91 acres
01/13/05
at the northeast corner of El Capitan Way and Durango Drive was recorded.
Department of Planning staff administratively approved a Minor Amendment
to an approved Site Development Plan Review (SDR-3191) to allow minor
03/21/05
changes of building footprints and to allow 28,315 square feet of retail space
on three pad sites.
The City Council approved a request for a Special Use Permit (SUP-21913)
for a Retail Establishment with Accessory Package Liquor Off-Sale on the
08/01/07
north side of Durango Drive, approximately 350 feet north of El Capitan
Way. The Planning Commission and staff recommended approval.
The City Council approved a request for a Variance (VAR-23108) to allow a
20-foot residential adjacency setback where 87 feet is the minimum required
for a proposed 14,028 square-foot General Retail Store on 3.21 acres adjacent
to the west side of El Capitan Way, approximately 260 feet north of Durango
Drive. The Planning Commission and staff recommended denial.
The City Council approved a Special Use Permit (SUP-23111) for a Retail
Establishment with Accessory Packaged Liquor Off-Sale on 3.21 acres
adjacent to the west side of El Capitan Way, approximately 260 feet north of
Durango Drive. The Planning Commission and staff recommended denial.
The City Council approved a Special Use Permit (SUP-24162) for a Gaming
Establishment, Restricted License in conjunction with a proposed
11/07/07
Convenience Store (without fuel pumps) and a Waiver of the Town Center
Development Standards to allow a zero-foot distance separation from single
family detached dwellings where 330 feet is required on property located on
the northwest corner of Durango Drive and El Capitan Way. The Planning
Commission recommended approval; staff recommended denial.
The City Council approved a Site Development Plan Review (SDR-23107)
for a proposed 14,028 square-foot General Retail Store and a Waiver of
perimeter landscape standards to allow a zero-foot landscape buffer where
eight feet is required along the east property line on 3.21 acres on the east side
of El Capitan Way, approximately 260 feet north of Durango Drive. The
Planning Commission and staff recommended denial.
The City Council approved a Required Review (RQR-39774) of an approved
Special Use Permit (SUP-23111) that allowed a Retail Establishment with
11/30/10
Accessory Package Liquor Off-Sale at 7752 North El Capitan Way. Staff
recommended approval.

SS

SUP-65967 [PRJ-65597]
Staff Report Page Seven
September 13, 2016 - Planning Commission Meeting

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


The City Council approved a request for a Review of Condition (ROC-55186)
of an approved Special Use Permit (SUP-23111) to delete Condition C
which stated, Delivery hours shall be 7:00 a.m. to 9:00 p.m., Monday
through Saturday and Sunday from 9:00 a.m. to 6:00 p.m., Condition D
which stated, Store hours shall be limited to 6:00 a.m. to 11:00 p.m. and to
09/03/14
delete Condition #5 which stated, The sale of individual containers of any
size beer or wine coolers is prohibited. All such products shall remain in their
original configurations as shipped by the manufacturer. Further, no
prepackaging of containers into groups smaller than the original shipping
container size shall be prohibited at 7752 North El Capitan Way. Staff
recommended denial.
A Code Enforcement Case (162657) was processed for a large pile of trash at
01/25/16
the rear of the building at 7752 North El Capitan Way. The case was resolved
on 02/25/16.
A Code Enforcement Case (163982) was processed for a fence around a
02/29/16
closed building with sand bags on the sidewalk at 7752 North El Capitan
Way. The case was resolved on 5/10/16.

Most Recent Change of Ownership


11/27/13
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (108886) was issued for a 14,028 square-foot new retail
building at 7752 North El Capitan Way. The permit was finalized on
06/30/08
02/03/09.
A building permit (120206) was issued for grading at 7752 North El Capitan
07/17/08
Way. The permit was finalized on 01/02/09.
A business license (G60-00067) was issued for a Grocery Store at 7752 North
04/20/09
El Capitan Way. The license was converted to G60-00067 and marked out of
business on 04/05/16.
A business license (L10-00292) was issued for Beer/Wine/Cooler Off-Sale at
7752 North El Capitan Way. The license was converted to L62-00152 and
04/20/09
marked out of business on 04/05/16.
A building permit (139006) was issued for a Tenant Improvement at 7752
06/02/09
North El Capitan Way. The permit was finalized on 09/22/09.
A building permit (191900) was issued for a Tenant Improvement at 7752
08/04/11
North El Capitan Way. The permit was finalized on 09/08/11.

SS

SUP-65967 [PRJ-65597]
Staff Report Page Eight
September 13, 2016 - Planning Commission Meeting

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss submittal
requirements for a Special Use Permit request. The applicant indicated that a
07/07/16
tenant improvement to renovate the interior was underway.

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

Field Check
08/04/16

This site contains an existing retail building that is currently vacant and
enclosed by a temporary chain link fence for security. The landscape buffer
along El Capitan Way is overrun with weeds that spill out onto the adjoining
sidewalk.

Details of Application Request


Site Area
Net Acres
1.72

Surrounding
Property

Existing Land Use


Per TCDS

Subject Property

General Retail Store

North

Single Family,
Detached

South

Shopping Center

East

West

Planned or Special
Land Use Designation
SC-TC (Service
Commercial Town
Center)
PCD (Planned
Community
Development)
GC-TC (General
Commercial Town
Center)

Existing Zoning District


T-C (Town Center)
R-CL (Single Family
Compact-Lot)
T-C (Town Center)

Retail Establishment
with Accessory
Package Liquor OffSale
(Grocery Store with
Alcohol in Title 19)

SC-TC (Service
Commercial Town
Center)

T-C (Town Center)

Shopping Center

SC-TC (Service
Commercial Town
Center)

T-C (Town Center)

SS

SUP-65967 [PRJ-65597]
Staff Report Page Nine
September 13, 2016 - Planning Commission Meeting

Master Plan Areas


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

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

DEVELOPMENT STANDARDS

Street Name

Functional
Classification of
Street(s)

El Capitan Way

Town Center
Arterial

Durango Drive

Parkway Arterial

Governing Document
Town Center
Development Standards
Manual
Master Plan of Streets
and Highways Map/
Town Center
Development Standards
Manual

Actual
Street Width
(Feet)

Compliance
with Street
Section

80

120

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
Number of
HandiHandiRatio
Regular
Regular
Units
capped
capped
1 space
Shopping
45,677 SF
183
per 250
Center
SF GFA
183
210
Y
TOTAL SPACES REQUIRED
177
6
200
10
Y
Regular and Handicap Spaces Required
Loading
30-50,000
45,677 SF
3
3
Y
Spaces
SF GFA

SS

SUP-65967

SUP-65967

SUP-65967

SUP-65967

b7

7777bb

b77b7b7

777

SUP-65967

777

77E

77E

77E

77E
77E
77E
77E

7
77
7
7

:77

7
77
7

:7

77

7
:77

77

777

b
bA

7:

77

A
A7

777

7A
A

7A7A77Ab7777E

7777Ab

7A7A77Ab7777E

77

7:

:7

77E

b77Ab7Abb7A

A77A77

77

77E
A7A7777

b77Abb777

A7A777
7777Ab
b77Ab7Abb7A

A77AA7

77E
b77Abb777
A7A7777

A7A7A

7A7Ab7

77E
b77Abb77
A7A7777

77777

7A7Ab7

A7777

7A7Ab7

A777

A7A7EA

A7AA7

A7AA7

A7

77
bA7A
bAb
7AA

77A

77AA7bAbA

:77

7
7
7
7

777b7

7
.7.777

7A

bbAb7A7A777A

77bA
77E
7

7b7b7b

777A7

77

bbAb7
7A77
77E7bb7

b77b7bbA

7777E77A7b7
A7
77

77

77

77
7EA

7
7

7
777777

:
7

777777

7777777

777777

7777bb

bb77b7b7

SUP-65967

777

777b7

77

7A

bbAb7A7A777A

77A

777A7

77

A7AA7

A7AA

A7

77E
77E
77E
77E

77

777

77E

77E

77E

77
bA7A
bAb
7AA

77AA7bAbA

b77b7bbA
7b7b7b
77bA
bbAb77
77E
7A77
7
77E7bb7

A7
77

7EA

b7

7777bb

b77b7b77

SUP-65967

777

777b7

77

777

77

7#7
#

77

7777bb

bb77b7b7

7A

.7

.7b7

7A

b7

7b

777A

SUP-65967

77

777b7

7
7

.77b

A7AA7

77

77E
77E
77E
77E
77E

77

777

77E

77
bA7A
bAb
7AA
A7AA

AA7bAbA

SUP-65967 [PRJ-65597] SPECIAL USE PERMIT - APPLICANT: EL CAPITAN & LEE, INC. - OWNER:
EM-50 UAV SLBCO, LLC
7752 NORTH EL CAPITAN WAY
08/04/16

SUP-65967 [PRJ-65597] SPECIAL USE PERMIT - APPLICANT: EL CAPITAN & LEE, INC. - OWNER:
EM-50 UAV SLBCO, LLC
7752 NORTH EL CAPITAN WAY
08/04/16

SUP-65967 [PRJ-65597] SPECIAL USE PERMIT - APPLICANT: EL CAPITAN & LEE, INC. - OWNER:
EM-50 UAV SLBCO, LLC
7752 NORTH EL CAPITAN WAY
08/04/16

SUP-65967 [PRJ-65597] SPECIAL USE PERMIT - APPLICANT: EL CAPITAN & LEE, INC. - OWNER:
EM-50 UAV SLBCO, LLC
7752 NORTH EL CAPITAN WAY
08/04/16

SUP-65967 [PRJ-65597] SPECIAL USE PERMIT - APPLICANT: EL CAPITAN & LEE, INC. - OWNER:
EM-50 UAV SLBCO, LLC
7752 NORTH EL CAPITAN WAY
08/04/16

SUP-65967 [PRJ-65597] SPECIAL USE PERMIT - APPLICANT: EL CAPITAN & LEE, INC. - OWNER:
EM-50 UAV SLBCO, LLC
7752 NORTH EL CAPITAN WAY
08/04/16

SUP-65967 [PRJ-65597] SPECIAL USE PERMIT - APPLICANT: EL CAPITAN & LEE, INC. - OWNER:
EM-50 UAV SLBCO, LLC
7752 NORTH EL CAPITAN WAY
08/04/16

SUP-65967 [PRJ-65597] SPECIAL USE PERMIT - APPLICANT: EL CAPITAN & LEE, INC. - OWNER:
EM-50 UAV SLBCO, LLC
7752 NORTH EL CAPITAN WAY
08/04/16

77
b777
77
777
777
7
7

EbA77777A7
777b7777

77777

7777b
777777777777777

777

7 7 7 7 7 7 7 7 7 7 7 7 7 7
777777777777777
7b77b777777777
77777777777b77
777b77b
7 7 7 7 7 7 7 77 7 7 7 7 7
E7777777777777777
7 7 7 7 7 7 7 7 7 7 7 7 7
77777777777777
7777777777777777
77:77777
77b777777777777
7 7 7 7 7 7 7 7 7 7 7 7 7 7
77777777777777
7
777777777777777
77777777777

77
b7b7
777777

77777A
777

SUP-65967

Agenda Item No.: 98.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SDR-65790 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING APPLICANT/OWNER: ST. LOUIS SQUARE, INC. - For possible action on a request for a Site
Development Plan Review FOR THE CONVERSION OF AN EXISTING COMMERCIAL
BUILDING INTO A PROPOSED PARKING LOT WITH WAIVERS TO ALLOW A FIVEFOOT LANDSCAPE BUFFER ALONG THE EAST PROPERTY LINE AND A SEVENFOOT LANDSCAPE BUFFER ALONG THE SOUTH PROPERTY LINE WHERE 15 FEET
IS THE MINIMUM REQUIRED on 0.16 acres at 519 East St. Louis Avenue (APN 162-03-311017), C-1 (Limited Commercial) Zone, Ward 3 (Coffin) [PRJ-65462]. Staff recommends
DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcard

SDR-65790 [PRJ-65462]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: ST. LOUIS SQUARE, INC.

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SDR-65790

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends DENIAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

207

APPROVALS

PROTESTS

27

JB

SDR-65790 [PRJ-65462]
Conditions Page One
September 13, 2016 - Planning Commission Meeting

** CONDITIONS **

SDR-65790 CONDITIONS
Planning
1.

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

2.

All development shall be in conformance with the site plan date stamped 08/10/16 and
landscape plan date stamped 08/31/16, except as amended by conditions herein.

3.

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

4.

A Waiver from Title 19.08.070 is hereby approved, to allow a zero-foot landscape buffer
along the north property line where an eight-foot landscape buffer is required and to allow
a five-foot landscape buffer along the east property line and a seven-foot landscape buffer
along the south property line where 15 feet is the minimum required

5.

An Exception from Title 19.08.030 is hereby approved, to allow no planting materials


within the interior of the parking lot and to allow only shrubs within the provided perimeter
landscape buffers where 24-box trees with four shrubs every 20 linear feet is required.

6.

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

7.

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

8.

Remove all substandard public street improvements and unused driveway cuts adjacent to
this site and replace with new improvements meeting current City Standards concurrent
with development of this site.

9.

Parking stalls along the alley shall be a minimum of 22-feet in length from the alley rightof-way line to the front of the stall.

JB

SDR-65790 [PRJ-65462]
Staff Report Page One
September 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
This is a request for a Site Development Plan Review for the proposed conversion of an existing
commercial building into a Parking Lot on 0.16 acres at 519 East St. Louis Avenue.

ISSUES
x
x
x

Per Title 19.16.100(F) the proposed parking facility with waivers of landscaping materials
meets the definition of a Major Site Development Plan, as it is new commercial construction
that does not comply with all applicable requirements of Title 19.
The subject site was previously developed with a commercial building. This Site
Development Plan Review serves as the mechanism to convert the subject site into a parking
lot which will tie into the existing parking lot to the north
Perimeter landscape buffer Waivers are required to allow a zero-foot landscape buffer along
the north property line where an eight-foot landscape buffer is required and to allow a fivefoot landscape buffer along the east property line and a seven-foot landscape buffer along the
south property line where 15 feet is the minimum required. Staff supports this request.
The applicant has request an Exception planting materials to allow no planting materials
within the interior of the parking lot and to allow only shrubs within the provided perimeter
landscape buffers where 24-box trees with four shrubs every 20 linear feet is required. Staff
does not support this request.

ANALYSIS
Per title 19.16.100(F) the proposed parking lot with Waivers to allow a zero-foot landscape
buffer along the north property line where an eight-foot landscape buffer is required and to allow
a five-foot landscape buffer along the east property line and a seven-foot landscape buffer along
the south property line where 15 feet is the minimum required meets the definition of a Major
Site Development Plan as this is new commercial construction, which does not comply with all
applicable requirements of Title 19. Landscape Waivers are to allow buffer areas to line up with
existing buffer areas; staff supports this request as the proposed landscape buffer widths with
match with the existing buffer provided on the existing parking lot to the north of the subject site.
The subject site was previously developed with a commercial building. On February 11 th, 2016 a
building permit (#311149) was issued to demolish the existing commercial building. The
proposed parking lot will connect to the existing parking lot located adjacent to the northern

JB

SDR-65790 [PRJ-65462]
Staff Report Page Two
September 13, 2016 - Planning Commission Meeting

perimeter of the subject site and will provide an additional 19 parking spaces. In addition, the
applicant has requested an Exception of required planting materials within the interior of the
parking lot and perimeter buffers to allow no planting materials within the interior of the parking
lot and to allow only shrubs within the provided perimeter landscape buffers where 24-box trees
with four shrubs every 20 linear feet is required. Staff does not support this request as the
proposed planting materials are inconsistent with the development standards outlined in Title
19.08.040(F). The submitted landscaping plan indicates 15-gallon Pink Oleander shrubs will be
provided within the east and south landscaping buffer adjacent to Weldon Place and St Louis
Avenue.
This parcel is currently served by the Las Vegas Valley Water District (LVVWD) but does not
have the required backflow prevention per NAC 445A.67195. Civil plans will need to be
submitted for backflow retrofit.
Staff has determined the proposed project is not compatible with surrounding development in the
area, and will a negative impact to the adjacent commercial development to the west and multifamily residential development to the east and south. Therefore, staff is recommends denial of
this project with conditions.

FINDINGS (SDR-65790)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E) the
Planning Commission and/or City Council must affirm the following:
1.

The proposed development is compatible with adjacent development and


development in the area;
The proposed development is not compatible with surrounding development in the area,
and will have a negative impact to the adjacent commercial developments to the west and
multi-residential developments to the east and south.

2.

The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other dulyadopted city plans, policies and standards;
The applicant has requested Waivers to allow a zero-foot landscape buffer along the north
property line where an eight-foot landscape buffer is required and to allow a five-foot
landscape buffer along the east property line and a seven-foot landscape buffer along the
south property line where 15 feet is the minimum required. In addition, the applicant has
requested an Exception of required planting materials to allow no planting materials within
the interior of the parking lot and to allow only shrubs within the provided perimeter

JB

SDR-65790 [PRJ-65462]
Staff Report Page Three
September 13, 2016 - Planning Commission Meeting

landscape buffers where 24-box trees with four shrubs every 20 linear feet is required.
Staff does not support this request as the proposed planting materials are inconsistent with
the development standards outlined in Title 19.08.040(F). Staff has determined the
proposed project is not compatible with surrounding development in the area, and will not
have a negative impact to the adjacent commercial developments to the west and multiresidential developments to the east and south.
3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
The proposed access to the parking lot is provided from the alley way located on the
western perimeter of the subject, staff has determined that this point of ingress/egress is
sufficient for the proposed development.

4.

Building and landscape materials are appropriate for the area and for the City;
The project design and style are appropriate for the subject location and will be
harmonious with buildings in the surrounding area. The primary tree species utilized for
landscaping is the 15-gallon Pink Oleander shrub which is consistent with the Southern
Nevada Regional Plan Coalition Regional Plant List.

5.

Building elevations, design characteristics and other architectural and aesthetic


features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;
There are no structure proposed with this development project, the design characteristics of
the proposed parking lot improvements are not unsightly and are compatible with
development in the area and the existing parking lot to the north.

6.

Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
The proposed development will be subject to inspections in order to protect the public
health, safety and general welfare by City staff.

JB

SDR-65790 [PRJ-65462]
Staff Report Page Four
September 13, 2016 - Planning Commission Meeting

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Board of City Commissioners approved Rezoning and Plot Plan Review
(Z-0050-76) request for the property located at 519 East St. Louis Avenue
09/01/76
from R-4 (Apartment Residence) to C-1 (Limited Commercial). The Planning
Commission recommended approval.
The Board of City Commissioners denied a Plot Plan Review (Z-0050-76)
request to allow an Off-Premise Sign on property located on the northwest
08/02/78
corner of St. Louis Avenue and Weldon Place. The Planning Commission and
staff recommended denial.
The City Council denied a Plot Plan Review to allow an Off-Premise Sign on
03/19/86
property located on the northwest corner of St. Louis Avenue and Weldon
Place (Z-0050-76). The Planning Commission recommended approval.
The City Council approved a table request for a Special Use Permit (SUP15442) for a proposed Package Liquor Off-Sale Establishment at 519 St.
06/20/07
Louis Avenue. The Planning Commission and staff recommended denial.
The City Council approved a withdraw without prejudice request for a Special
05/04/11
Use Permit (SUP-40739) for a proposed Pawn Shop at 519 St. Louis Avenue.
The Planning Commission and staff recommended denial.
The City Council approved a withdraw without prejudice request for a Special
01/18/12
Use Permit (SUP-42648) for a proposed Pawn Shop at 519 St. Louis Avenue.
The Planning Commission and staff recommended denial.
The Planning Commission withdrew without prejudice a request for a Special
Use Permit (SUP-55677) for a Pawn Shop within an existing 1,651 squarefoot commercial building with Waivers to allow a 50-foot distance separation
11/04/14
from a residential use where 200 feet is required and 920 feet from a similar
use where 1,000 feet is required at 519 East St. Louis Avenue. Staff
recommended denial of the request.

Most Recent Change of Ownership


11/30/15
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


1950
The building at 519 East St. Louis Avenue was constructed.
A business license (Q01-00052) was issued for a Real Estate Firm at 519 East
07/10/87
St. Louis Avenue. The license was marked out of business on 0/11/09.

JB

SDR-65790 [PRJ-65462]
Staff Report Page Five
September 13, 2016 - Planning Commission Meeting

Related Building Permits/Business Licenses


A business license (C05-01099) was issued for a Tobacco Dealer at 519 East
St. Louis Avenue. The license was marked out of business on 05/12/08.
11/01/01
A business license (L15-00013) was issued for a Package Liquor at 519 East
St. Louis Avenue. The license was marked out of business on 05/12/08.
A building permit (#03019166) was issued for a tenant improvement at 519
09/04/03
East St. Louis Avenue. The permit was finalized on 09/24/03.
A business license (G01-93893) was issued for Restricted Gaming at 519 East
06/14/07
St. Louis Avenue. The license was marked out of business on 02/28/09.
A Code Enforcement case (#75001) was processed for high weeds at 519 St.
03/02/09
Louis Avenue. The case was resolved on 05/15/09.
A Code Enforcement case (#90958) was processed for a dumpster on streeteast side of building on Weldon Place at 519 St. Louis Avenue. The case was
05/18/10
resolved on 05/25/10.
A Code Enforcement case (#98240) was processed for graffiti, weeds, trash
and debris, unpermitted off premise signage at 519 St. Louis Avenue. The
02/22/11
case was resolved on 03/07/11.
A building permit (#192520) was issued for disaster repair at 519 East St.
07/26/11
Louis Avenue. The permit was finalized on 08/25/11.
A Code Enforcement case (#115408) was processed for a mobile car wash
06/07/12
business on weekends at 519 St. Louis Avenue. The case was resolved on
06/23/12.
A Code Enforcement case (#139248) was processed for high weeds at 519 St.
Louis Avenue. The case was resolved on 03/27/14.
A Code Enforcement case (#139249) was processed for a house that looks run
03/26/14
down, abandoned, has big crack in glass on front window, boarded up
window, weeds, brick wall fence falling down at 519 St. Louis Avenue. The
case was resolved on 03/27/14.
A Code Enforcement case (#150093) was processed for graffiti at 519 St.
01/28/15
Louis Avenue. The case was resolved on 02/19/15.
A Code Enforcement case (#151321) was processed for high weeds at 519 St.
03/10/15
Louis Avenue. The case was resolved on 03/26/15.
A building permit (#311149) was issued for demolition of an existing
02/11/16
structure located at 519 East St. Louis Avenue. The permit was finalized on
04/28/16.

Pre-Application Meeting
Staff conducted a routine site visit and found the subject site is currently
06/28/16
undeveloped as the previous structure has been demolished.

JB

SDR-65790 [PRJ-65462]
Staff Report Page Six
September 13, 2016 - Planning Commission Meeting

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

Field Check
08/04/16

During a routine site inspection staff observed high weeds and debris on the
subject site. In addition, the subject site was surrounded by a chain link fence
to prevent pedestrians from accessing the site.

Details of Application Request


Site Area
Net Acres
0.16

Surrounding
Property
Subject Property
North
South
East
West

Existing Land Use


Per Title 19.12
Undeveloped
(Previously Office,
Other than Listed)

Planned or Special
Land Use Designation

Existing Zoning District

C (Commercial)

C-1 (Limited
Commercial)

Parking Lot

C (Commercial)

C-1 (Limited
Commercial)

C (Commercial)

R-5 (Apartment)

C (Commercial)

R-5 (Apartment)

C (Commercial)

C-2 (General
Commercial)

Multi-Family
Residential
Multi-Family
Residential
Shopping Center

Master Plan Areas


Beverly Green / Southridge Neighborhood
Special Purpose and Overlay Districts
A-O (Airport Overlay) District (175 Feet)
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

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

JB

SDR-65790 [PRJ-65462]
Staff Report Page Seven
September 13, 2016 - Planning Commission Meeting

DEVELOPMENT STANDARDS
Pursuant to Title 19.08.070, the following standards apply:
Landscaping and Open Space Standards
Required
Provided
Compliance
Standards
Ratio
Trees
Buffer Trees:
x South
1 Tree / 20 Linear Feet
5 Trees
5 Trees
Y
1 Tree / 20 Linear Feet
6 Trees
6 Trees
Y
x East
TOTAL PERIMETER TREES
11 Trees
11 Trees
Y
1 Tree / 6 Uncovered
Parking Area Trees
3 Trees
0 Trees
N*
Spaces, plus 1 tree at the
end of each row of spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
x South
15 Feet
7 Feet
N**
15 Feet
5 Feet
N**
x East
Wall Height
6 to 8 Feet Adjacent to Residential
Not Indicated
Y
*The applicant has requested an Exception of interior parking lot planting materials to allow no
landscape finger islands with required planting materials within the proposed parking lot.
**The applicant has request Waivers to allow a five-foot landscape buffer along the east
property line and a seven-foot landscape buffer along the south property line where 15 feet is the
minimum required.

Street Name

Functional
Classification of
Street(s)

Weldon Place

Local Street

St Louis Avenue
Waivers
Requirement

Primary Arterial

Governing Document
Master Plan of Streets &
Highways
Master Plan of Streets &
Highways

Request
To allow a five-foot
landscape buffer along
To allow install a 15-foot
the east property line
landscape buffer along the east
and a seven-foot
and south perimeter of the
landscape buffer along
subject site adjacent to the rightthe south property line
of-way
where 15 feet is the
minimum required

Actual
Street Width
(Feet)

Compliance
with Street
Section

50

85

Staff Recommendation

Approval

JB

SDR-65790 [PRJ-65462]
Staff Report Page Eight
September 13, 2016 - Planning Commission Meeting

Exceptions
Requirement
Per Title 19.08.030 one
landscape finger island with one
24-box tree and four shrubs is
required between every six
parking spaces

Request
To allow no landscape
finger islands with
required planting
materials within the
proposed parking lot

Staff Recommendation

Approval

JB

SDR-65790

SDR-65790

SDR-65790 - REVISED

b7 7A7A

A A

77A777A7A77
A77
77

SDR-65790 - REVISED

7
A
7

7
7

SDR-65790 - REVISED

b7 7A7A

A A

77A777A7A77
A77
77

SDR-65790 [PRJ-65462] SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: ST. LOUIS


SQUARE, INC.
519 EAST ST. LOUIS AVENUE
08/04/16

SDR-65790 [PRJ-65462] SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: ST. LOUIS


SQUARE, INC.
519 EAST ST. LOUIS AVENUE
08/04/16

SDR-65790 [PRJ-65462] SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: ST. LOUIS


SQUARE, INC.
519 EAST ST. LOUIS AVENUE
08/04/16

SDR-65790 - REVISED

SDR-65790 - REVISED

Agenda Item No.: 99.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SDR-65978 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING - APPLICANT:
CHICK-FIL-A - OWNER: SAHARA RANCHO OFFICE CENTER, LLC - For a possible action
on a request for a Site Development Plan Review FOR A PROPOSED 80-FOOT TALL, 769
SQUARE-FOOT, ILLUMINATED FREESTANDING SIGN on 1.47 acres located at the
northeast corner of Sahara Avenue and Rancho Drive (APN 162-04-412-006), C-1 (Limited
Commercial) Zone, Ward 1 (Tarkanian) [PRJ-65950]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcards

SDR-65978 [PRJ-65950]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: CHICK-FIL-A - OWNER: SAHARA RANCHO
OFFICE CENTER, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
SDR-65978

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

270

APPROVALS

PROTESTS

28

JB

SDR-65978 [PRJ-65950]
Conditions Page One
September 13, 2016 - Planning Commission Meeting

** CONDITIONS **

SDR-65978 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 sign elevations, date
stamped 08/01/16, except as amended by conditions herein.

3.

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

4.

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

5.

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

6.

Contact the City Engineers Office at 229-6272 to coordinate the development of this
project with the Right Turn Intersection Improvements project, the ITS
Communications Infrastructure Phase II project, and any other public improvement
projects adjacent to this site. Comply with the recommendations of the City Engineer.

7.

Site development to comply with all applicable previous conditions of approval for SDR59931 and all other site-related actions.

JB

SDR-65978 [PRJ-65950]
Staff Report Page One
September 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The applicant is requesting to install a 80-foot tall, freestanding LED display sign along the
southeast property line adjacent to the Interstate 15 right-of-way at the northeast corner of Sahara
Avenue and Rancho Drive. The sign will be used for on premise signage only.

ISSUES
x

A 80-foot tall freestanding sign located within 200 feet of the right-of-way line of Interstate
15 may be permitted as part of a Site Development Plan Review application heard during a
public hearing.

ANALYSIS
The sign is located 15 feet from the property line and stands 80 feet tall with an area of 769
square feet. The proposed sign is under the 175-foot height limit imposed by an Airport Overlay
of the area. Per Unified Development Code Title 19.08.120, freestanding signs within two
hundred feet of the right-of-way line and which can be read from interstate U.S. 95 may be
increased to a height equal to 80 feet, when authorized by the City Council, after review by the
Planning Commission. The proposed sign meets these criteria. The sign is located more than 600
feet from the nearest residential property to the northwest and will not negatively affect the
surrounding uses. Staff recommends approval with conditions.

FINDINGS (SDR-65978)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E) the
Planning Commission and/or City Council must affirm the following:
1.

The proposed development is compatible with adjacent development and


development in the area;
The proposed freestanding sign is compatible with the area.

2.

The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other dulyadopted city plans, policies and standards;
JB

SDR-65978 [PRJ-65950]
Staff Report Page Two
September 13, 2016 - Planning Commission Meeting

The proposed freestanding sign is consistent with signage adjacent to the Interstate 15
right-of-way and is in conformance with all city plans, policies and standards.
3.

Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;
The proposed freestanding sign will not have a negative impact on adjacent roadways.

4.

Building elevations, design characteristics and other architectural and aesthetic


features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;
The modern design of the LED freestanding sign is harmonious and compatible with the
area.

5.

Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
Regular inspections will be performed City staff to protect the health, safety and welfare of
the public.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a request for a Reclassification (Z-0030-73) of
property from R-1 (Single Family Residence) and R-3 (Limited Multiple
04/25/73
Residence) to C-1 (Limited Commercial) and P-R (Professional Offices and
Parking) on property located on the east side of Rancho Road, between West
Sahara Avenue and Glen Heather Way.
The Board of City Commissioners approved a request for a Site Development
Plan Review (Z-0053-64) application to allow a two-story professional office
04/18/79
building on property located at 2300 Ranch Drive. Planning Commission and
staff both recommended approval.
The City Council denied a request for a Rezoning (Z-0095-95) application for
the reclassification of property located on the northeast corner of Sahara
Avenue and Rancho Drive, from R-3 (Medium Density Residential), P-R
(Professional Offices and Parking) to C-1 (Limited Commercial), for a
03/20/96
proposed development of one 180,000 square foot twelve story office tower,
132,000 square feet of office space and a one story parking garage. Planning
Commission recommended denial. Staff recommended approval.

JB

SDR-65978 [PRJ-65950]
Staff Report Page Three
September 13, 2016 - Planning Commission Meeting

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


The Planning Commission approved a request for a Site Development Plan
Review [Z-0053-64(9) and Z-0030-73(2)] to allow a 70,000 square foot office
04/11/02
building on property located adjacent to the east side of Rancho Drive,
approximately 850 feet north of Sahara Avenue. Staff recommended
approval. This action was final.
The City Council denied a request for a Site Development Plan Review
(SDR-4086) for two office buildings with attached parking garages and two
restaurant buildings within an existing office complex with a waiver of the
06/02/04
commercial development standards on 15.28 acres adjacent to the northeast
corner of Sahara Avenue and Rancho Drive. Planning Commission and staff
recommended approval.
The Planning Commission approved a request for a Tentative Map (TMP4389) for a one-lot commercial subdivision on 15.28 acres adjacent to the
06/24/04
northeast corner of Sahara Avenue and Rancho Drive. Staff recommended
approval.
Staff administratively approved a request for a Final Map (FMP-4966) for a
one-lot commercial subdivision on 15.28 acres adjacent to the northeast
09/02/04
corner of Sahara Avenue and Rancho Drive. The final map recorded on
01/20/05.
The City Council approved a request for a General Plan Amendment (GPA43991) to establish the Redevelopment Area #2 and change future land use
04/18/12
designation on various parcels within the Redevelopment Area #2 to C
(Commercial) or MXU (Mixed Use) which includes the subject site.
The City Council approved a request for a Site Development Plan Review
(SDR-59931) for two proposed commercial building totaling 18,611 square
10/07/15
feet at the northeast corner of Rancho Drive and Sahara Avenue. The
Planning Commission and staff recommended approval.

Most Recent Change of Ownership


12//09/15
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#308468) was issued for a Restaurant at 2477 South
07/14/16
Rancho Drive. The permit has not been finalized as of 07/14/16.

Pre-Application Meeting
Staff met with the applicant and reviewed requirements for a Site
07/14/16
Development Plan Review application for a proposed freestanding sign.

JB

SDR-65978 [PRJ-65950]
Staff Report Page Four
September 13, 2016 - Planning Commission Meeting

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

Field Check
08/04/16

Staff visited the site and found a clean, well maintained site which is currently
under construction.

Details of Application Request


Site Area
Net Acres
1.47

Surrounding
Property
Subject Property
North
South
East

West

Existing Land Use


Per Title 19.12

Planned or Special
Land Use Designation

Restaurant

C (Commercial)

Single Family,
Detached
Sahara Avenue
(Right-of-Way)
I-15 (Right-of-Way)
Financial Institution,
General/ Office,
Other than
Listed/Parking
Garage

L (Low Density
Residential)

C-1 (Limited
Commercial)
R-1 (Single-Family
Residential)

ROW (Right-of-Way)

ROW (Right-of-Way)

ROW (Right-of-Way)

ROW (Right-of-Way)

C (Commercial)

C-1 (Limited
Commercial)

Existing Zoning District

Master Plan Areas


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

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

JB

SDR-65978 [PRJ-65950]
Staff Report Page Five
September 13, 2016 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Street Name
Rancho Drive

Functional
Classification of
Street(s)
Primary Arterial.

Governing Document
Planned Streets and
Highways Map

Freestanding Sign: [Chick-Fil-A Freestanding Sign]


Standards
Allowed
1 / Street frontage
Maximum Number
1 total
Maximum Area
1,356 SF
Maximum Height
80 Feet
Minimum Setback
5 Feet
Illumination
Internal/External

Actual
Street Width
(Feet)
93

Compliance
with Street
Section
Y

Provided
1 / Street frontage
1 total
769 SF
80 Feet
15 Feet
Internal

JB

SDR-65978

SDR-65978

b777A7
A77

A77

7A7A7A7b7A77A7

A77

b77AbA77A7A7

77

7A77AbA

A777

77

A7777

77A77
b

777
7777
777

7A7

A7
A777

A777

A7A7

777

A7b7

A77

A77

A77

A7
A77

777

777

7A7

777

7b7

77

77

77

7
77

77 7

SDR-65978

777

b777A7
77777777
7777
77777
77777E7
77777b7
7777
777
777
777
77777
777777
77777
7777
77777
77777
E77
7A
7777b7

777

A7

7bbA777 77A777
7b

A7A77

bA7A7

b7

77

777

7777

SDR-65978
77 7

777

SDR-65978

SDR-65978

SDR-65978

SDR-65978

SDR-65978

SDR-65978

SDR-65978 [PRJ-65950] SPECIAL USE PERMIT - APPLICANT: CHICK-FIL-A - OWNER: SAHARA


RANCHO OFFICE CENTER, LLC
NORTHEAST CORNER OF SAHARA AVENUE AND RANCHO DRIVE
08/04/16

77
b777
7
777

777A77A
777
77

7777b
7777777777b,-A7777777
777777777777777777777
7777777777777777777-7
777777777777777777777-
7777777-77777b77777
b77-77b7b7777777777777
77777-777777777
777777777777777777
777777-777777777777
777777777777777777777777
777777777777777777777
7777777-77777777777b,A
77777777777777777777
77777777777777777
b77777777-777777777777
777b,A777777777b,A777777777
77777777777777777777
b,A7777777777777777
77777777777777A777
777b777777b77-77b7b77777
777777777777777777
77777777777777777
777777777777777777
7777777777777777
7777777777777777777
77777777
7
777,
7

SDR-65978

7 7777b77bA777777777/7

Agenda Item No.: 100.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ROC-65908 - REVIEW OF CONDITION - PUBLIC HEARING - APPLICANT: DONNE
KERESTIC - OWNER: THE CHAPEL PROPERTIES, LLC - For possible action on a request
for a Review of Condition of an approved Special Use Permit (SUP-57687) TO AMEND
CONDITION #3 WHICH STATES, "THE HOURS OF OPERATION FOR THE PACKAGE
LIQUOR USE SHALL BE FROM 8AM TO 8PM SUNDAY THROUGH THURSDAY AND
8AM TO 11PM FRIDAYS AND SATURDAYS" at 1717 South Las Vegas Boulevard (APN
162-03-310-003), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-65567]. Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 10/19/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Action Letter for SUP-57687

ROC-65908 [PRJ-65567]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: DONNE KERESTIC - OWNER: THE CHAPEL
PROPERTIES, LLC

** STAFF RECOMMENDATION(S) **

CASE
NUMBER
ROC-65908

RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:

REQUIRED FOR
APPROVAL
N/A

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

418

APPROVALS

PROTESTS

28

CS

ROC-65908 [PRJ-65567]
Conditions Page One
September 13, 2016 - Planning Commission Meeting

** CONDITIONS **

ROC-65908 CONDITIONS
Planning
1.

Conformance to the approved conditions for Special Use Permit (SUP-57687), except as
amended by conditions herein.

2.

Condition number three for Special Use Permit (SUP-57687) shall be revised to allow the
hours of operation of 7AM to midnight daily.

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.

CS

ROC-65908 [PRJ-65567]
Staff Report Page One
September 13, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION
The Planning Commission approved Special Use Permit (SUP-57687) which allowed a Retail
Establishment with accessory package liquor off-sale within a proposed 262 square-foot general
retail store, other than listed subject to conditions. The applicant is requesting to have condition
number three of this Special Use Permit removed. The condition reads as follows: The hours of
operation for the package liquor use shall be from 8AM to 8PM Sunday through Thursday and
8AM to 11PM Fridays and Saturdays. The applicant intends to operate during the hours of
7AM to midnight daily. Staff supports the original condition placed by the Planning Commission
and recommends denial of the request for condition number three to be removed. If approved,
the hours of operation will no longer be limited to 8AM to 8PM Sunday through Thursday and
8AM to 11PM Fridays and Saturdays.

ISSUES
x

A Review of Condition is required to remove Special Use Permit (SUP-57687) Condition of


Approval Number 3 which states, The hours of operation for the package liquor use shall be
from 8AM to 8PM Sunday through Thursday and 8AM to 11PM Fridays and Saturdays.
Staff does not support this proposal.

ANALYSIS
The applicant is proposing to eliminate condition number three of Special Use Permit (SUP57687) which states: The hours of operation for the package liquor use shall be from 8AM to
8PM Sunday through Thursday and 8AM to 11PM Fridays and Saturdays. The applicant
proposes to operate during the hours of 7AM to midnight daily. The initial staff
recommendation for Special Use Permit (SUP-57687) was for denial of the proposed accessory
package liquor off-sale use as it was deemed that the subject area was already saturated with
alcohol sales. According to the minutes of the Planning Commission held on April 14, 2015, the
applicant stated that they wanted to provide their customers with the option to purchase a bottle
of champagne to take to their hotel room for consumption. The majority of their customers stay
at hotels on the strip. The principal use on the site is a Wedding Chapel. The Planning
Commission approved the Special Use request with conditions in an effort to constrain the
alcohol sales to the Wedding Chapel patrons and to minimize the effect on the surrounding area.

CS

ROC-65908 [PRJ-65567]
Staff Report Page Two
September 13, 2016 - Planning Commission Meeting

Staff supports the original condition placed by the Planning Commission and recommends denial
of the applicants proposal to have condition number three removed. If the condition is removed
as requested, the applicant will not be limited to the hours of operation of 8AM to 8PM Sunday
through Thursday and 8AM to 11PM Fridays and Saturdays.

FINDINGS (ROC-65908)
The Special Use Permit (SUP-57687) for a retail establishment with accessory package liquor offsale use was approved on April 14, 2015 subject to conditions. Removal of condition number three
will increase the availability of off-sale alcohol uses in an area that is already saturated. Staff
recommends denial of this request.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a Withdrawal request of an appeal for a Variance
09/22/94
(V-0115-94) to allow a 276 square-foot freestanding sign where 200 square
feet is the allow. The Board of Zoning Adjustment denied the request.
The Planning Commission approved a request for a Special Use Permit (SUP57687) for a Retail Establishment with Accessory Package Liquor Off-Sale
04/14/15
use within a proposed 262 square-foot General Retail Store, Other than Listed
at 1717 South Las Vegas Boulevard. The Planning Department recommended
denial of the request.
The Planning Department approved a request for a required one-year
administrative review (RQR-62327) of an approved Special Use Permit
04/01/16
(SUP-57687) for a Retail Establishment with Accessory Package Liquor offsale use within a proposed 262 square-foot general retail store, other than
listed at 1717 South Las Vegas Boulevard.

Most Recent Change of Ownership


08/25/14
A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


1955
The principal structure was built.
A building permit (#90093033) was issued for a remodel and addition at 1717
12/27/90
South Las Vegas Boulevard. The permit was finalized on 01/24/92.
A building permit (#919986) was issued for a remodel and addition at 1717
03/13/91
South Las Vegas Boulevard. The permit was finalized on 04/16/91.

CS

ROC-65908 [PRJ-65567]
Staff Report Page Three
September 13, 2016 - Planning Commission Meeting

Related Building Permits/Business Licenses


A building permit (#161512) was issued for a sign. The permit was not
04/23/10
finalized.
A business license (P62-00263) for Wedding Chapel was issued at 1717
South Las Vegas Boulevard. The license is active as of 02/19/15.
A business license (G62-08407) for Photography was issued at 1717 South
Las Vegas Boulevard. The license is active as of 02/19/15.
09/24/14
A business license (G62-08408) for Handbill and Oral Solicitation was issued
at 1717 South Las Vegas Boulevard. The license is active as of 02/19/15.
A business license (G62-08409) for General Retail Sales was issued at 1717
South Las Vegas Boulevard. The license is active as of 02/19/15.
A business license (G62-09672) for Photography was applied at 1717 South
Las Vegas Boulevard; however it has not been issued as of 02/19/15.
A business license (G62-09673) for Handbill and Oral Solicitation was
11/17/14
applied at 1717 South Las Vegas Boulevard; however it has not been issued
as of 02/19/15.
A business license (G62-09674) for General Retail Sales was applied at 1717
South Las Vegas Boulevard; however it has not been issued as of 02/19/15.

Pre-Application Meeting
A Pre-Application Meeting was held where the submittal requirements and
07/06/16
deadlines were discussed.

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

Field Check
08/04/16

Staff conducted a routine site visit and found an active Wedding Chapel
business.

Details of Application Request


Site Area
Net Acres
0.69

CS

ROC-65908 [PRJ-65567]
Staff Report Page Four
September 13, 2016 - Planning Commission Meeting

Surrounding
Property
Subject Property

Existing Land Use


Per Title 19.12

Planned or Special
Land Use Designation

Wedding Chapel

C (Commercial)

General Retail Store

C (Commercial)

Auto Repair Major

C (Commercial)

Undeveloped

C (Commercial)

North

South

Vacant
East

West

Multi-Family
Residential
General Retail Store

C (Commercial)

C (Commercial)

Existing Zoning District


C-2 (General
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)
R-4 (High Density
Residential)
R-3 (Medium Density
Residential)
C-2 (General
Commercial)

Master Plan Areas


Beverly Green / Southridge Neighborhood
Downtown Centennial Plan
Special Purpose and Overlay Districts
Downtown Centennial Plan Overlay District (Northern Strip Gateway)
G-O (Gaming Enterprise Overlay) District

Compliance
Y
Y
Compliance
Y
Y

Special Purpose and Overlay Districts


A-O (Airport Overlay) District (200 Feet)
Downtown Casino Overlay District
Las Vegas Boulevard Scenic Byway Overlay District
Other Plans or Special Requirements
Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance

Compliance
Y
Y
Y
Compliance
Y
Y
Y
N/A

CS

7 5 7

A 7 7 A b A 7

ROC-65908

b 7 7 7

A 7

77 7 7 7b 77 b
77A 7 7b 7 b 7
77 77 7
777 77- 777 777 777b 7b 7
7b 77777777777 7
7 7777 77777 77
77 7777 77

77777 7 77b 7b 777b 7 7


7777 777777 7 77b 7 7
77 A 777A 77 77777 777
777 777
b 7

7 7
A 7 7

7 7 7
77 77
7

777
7

777

7 7b 77
7

77 77
b 77b C

7 A7 7
7b77

77

b 77b +

7 5 7

A 7 7 A b A 7

ROC-65908

b 7 7 7

A 7

77 7 7 7b 77 b
77A 7 7b 7 b 7
77 77 7
777 77- 777 777 777b 7b 7
7b 77777777777 7
7 7777 77777 77
77 7777 77

77777 7 77b 7b 777b 7 7


7777 777777 7 77b 7 7
77 A 777A 77 77777 777
777 777
b 7

7 7
A 7 7

7 7 7
77 77
7

777
7

777

7 7b 77
7

77 77
b 77b C

7 A7 7
7b77

77

b 77b +

A 7 7 A
A b A 77 7
A 7 7 7 77b
7A 7 777 7 7 77 7
7 7
b 7 77
7 7

7

7 7
A 777
7b7 7

7
7
7
7
7 7
77 b 7
777 A7 7

77 7 b 7
77
77
77

b 77 77

7A 7 7

7A 7 7

7 7

7
7

A 7 777 77C77
7 7 7b 7 7b 7

b 7 7

A 7 7 7 7b 7 7

b 7 7 7

7 7

7A 7C

b 7 7

A b A 7 7b 7b 7

A 7 77 7 7 7

b 77 7

7 7

7
7

7A 7 C
A 7b 7 77 7

b 7 7

A 7 77 7 7 7

b 77 7

7 7

7A 7

7777 777777 7 7 7777777777 7 7- 7777777b 7777


77 777777 77 77 777777777777 77 77
777 7777777777777777 77 -77 77777 77

7
7 77

7
A 777 777777 77 7 7 7 777

7 7 7

77 77

7 7 77

777 7

77

7
7
7 777 7 77
7 7 7 7 7 7

7
$ 7 A 7 7
b ROC-65908

77 77
b 77b C

A 7 7

7A 7 A 77

77
7 7

7
7 77 7

A 7 7

77 7
77

77 b 7 77

7 A b A

7 7 A 7 A 7 A 7 A 7 A 7 7

b A 7 7 7

7 A

ROC-65908

A A
7 Ab
7 

7
7
7
7
7
7
7
7
A A77

A
7  7 7 7 7

7
7 7 7 Ab A
7 7 7 A 7  A
Ab
7 7 7
7 7 7 7 7 7 
7

7
7
7
A
7 7 7 A b A
7

7

7
7
7
A
7 b A
7 7 7 A
7 7 7 Ab A
A
7 7 7 7 7 7bA7A
7 7 7
7 7 7 b 7 7  7
7 7 7

7 7 b7 7 A7 7 bA7 A7 7 bA
A7 A7 b7 A7 bAb7 7
b7A
7A
7bA
7A
A
A
bA

A
AA
A

7Abb7A777AA77AA7A777AbbAb7
A777b7777

7A77A7A7777b777A

A77AA7A7bA7A7A7AA7A7A7A
b7 7 bA7 A7 7 7 7 b7 7 b7 
bA7A7Ab

b 7 A7

A 7 7 7 7 b 7
7 7 7 A b A 7 7
A 7 A 7 b 7 Ab 7 A 7 A
7 A 7 7 A

A 7

b 7

b 7  7 A 7 A

7 A A

A 7 7

77 7
77

77 b 7 77

7 A b A

7 7 A 7 A 7 A 7 A 7 A 7 7

b A 7 7 7

7 A

ROC-65908

A A
7 Ab
7 

7
7
7
7
7
7
7
7
A A77

A
7  7 7 7 7

7
7 7 7 Ab A
7 7 7 A 7  A
Ab
7 7 7
7 7 7 7 7 7 
7

7
7
7
A
7 7 7 A b A
7

7

7
7
7
A
7 b A
7 7 7 A
7 7 7 Ab A
A
7 7 7 7 7 7bA7A
7 7 7
7 7 7 b 7 7  7
7 7 7

7 7 b7 7 A7 7 bA7 A7 7 bA
A7 A7 b7 A7 bAb7 7
b7A
7A
7bA
7A
A
A
bA

A
AA
A

7Abb7A777AA77AA7A777AbbAb7
A777b7777

7A77A7A7777b777A

A77AA7A7bA7A7A7AA7A7A7A
b7 7 bA7 A7 7 7 7 b7 7 b7 
bA7A7Ab

b 7 A7

A 7 7 7 7 b 7
7 7 7 A b A 7 7
A 7 A 7 b 7 Ab 7 A 7 A
7 A 7 7 A

A 7

b 7

b 7  7 A 7 A

7 A A

A 7 7

77 7
77

77 b 7 77

7 A b A

7 7 A 7 A 7 A 7 A 7 A 7 7

b A 7 7 7

7
7 A 7 7 A 7

7
7 7 7 7
7 A 7
7 A 7 7 b A 7
7 A b

A 7 A 7 7 Ab b 7 Ab A 7 7   A


7 7 7 b

b 7
7 A 7 7 A 7

ROC-65908

A 7 b b A

7
7

A 7 A 7 7 7 b A

7 A A7 7 b A

7 A 7 7 b A
A
7

7
7

7
7
7
7
7

b 7

7
7 A A7 7
7
7 A A7 7
7
A
A 7 A 7

7
7
7
7
7

7 A A7 7 A 7
7 7

7
7 A A7
7
7 A A7
7
A

A 7 A A

ROC-65908 [PRJ-65567] SPECIAL USE PERMIT - APPLICANT: DONNE KERESTIC - OWNER: THE
CHAPEL PROPERTIES, LLC
1717 SOUTH LAS VEGAS BOULEVARD
08/04/16

ROC-65908 [PRJ-65567] SPECIAL USE PERMIT - APPLICANT: DONNE KERESTIC - OWNER: THE
CHAPEL PROPERTIES, LLC
1717 SOUTH LAS VEGAS BOULEVARD
08/04/16

ROC-65908 [PRJ-65567] SPECIAL USE PERMIT - APPLICANT: DONNE KERESTIC - OWNER: THE
CHAPEL PROPERTIES, LLC
1717 SOUTH LAS VEGAS BOULEVARD
08/04/16

7
7777b7777
777777777b7
77777777777
7777777777
7b7
777A7777707777777777
A7077777777777777

7777777777770777
777777777770707777
777777777777777
777777777777707
77777777777777777
0777777777777777777
A77077777777777777
77777777777777
7777707777777777777
777b77777777777A777
777077777777
7

77
7
7b7
b777

ROC-65908

ROC-65908

ROC-65908

ROC-65908

Agenda Item No.: 101.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
TXT-65077 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For possible action on a request to amend LVMC Title 19, Unified Development
Code (UDC) of the City of Las Vegas, to re-introduce standards for the C-D (Designed
Commercial) District and remove provisions and standards for the CD-O (Designed
Commercial) Overlay District and provide for other related matters.
Staff has NO
RECOMMENDATION.
THIS ITEM WILL BE FORWARDED TO CITY COUNCIL IN ORDINANCE FORM
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff has NO RECOMMENDATION
BACKUP DOCUMENTATION:
1. Summary, Proposed Amendments and Staff Report

TXT-65077
Summary Page One
September 13, 2016 - Planning Commission Meeting

** SUMMARY **
Summary: TXT-65077 (LVMC Title 19 Re-introduction of the C-D District
and Removal of the CD-O (Designed Commercial Overlay District)
Code Requirement

Existing Regulation

Proposed Regulation

Title 19.00.100(B)(2)

Outlines the Commercial and


Industrial zoning districts
established by the Title
Indicates which street types
are most compatible
for
which zoning districts

Adds C-D Designed Commercial


to the list of commercial districts

Outlines
standards
for
commercial development and
give specific standards and
requirements
for
each
commercial zoning district
Outlines the specific standards
and requirements for the P-O
Professional Office zoning
district

Adds a new Section, 19.08.065, to


provide specific standards and
requirements for the C-D Designed
Commercial Zoning District

Title 19.10.090

Outlines the Intent or Purpose,


the Development Standards,
and Uses for the CD-O Design
Commercial District.

Removes Subsection C. Uses,


which
references
LVMC
19.12.080, and relocates this
section of the code into the
Zoning District description listed
in Title 19.08.065

Title 19.12.010 Table 2

Outlines the uses that are


applicable to each zoning
district and indicates their
level of permissibility if
permitted at all

Adds C-D to the listed districts and


indicates
their
level
of
permissibility, if permitted at all,
of all uses

Title 19.04.160 Table 1

Chapter 19.08

Chapter 19.08.050

Adds C-D Designed Commercial


to the list of districts and indicates
the street types that are most
compatible for it

Adds a new Subsection to the P-O


Professional Office zoning district
description that outlines the use
restrictions specific to the P-O
zoning district

MH

TXT-65077
Summary Page Two
September 13, 2016 - Planning Commission Meeting

Code Requirement

Existing Regulation

Proposed Regulation

Title 19.12.070

Provides the descriptions, onsite parking requirements, and


any applicable conditional use
regulations and/or minimum
special
use
permit
requirements for all uses,
including Drive-Through,
General Retail, Other Than
Listed, and Small Wind
Energy Systems.
Provides the use restrictions
specific to the CD-O District

Adds C-D to the applicable


conditional uses where the C-D
district is indicated to apply similar
limitations or allowances related to
the conditional use in the C-D
districts.

Title 19.12.080

Removes the CD-O District use


restrictions and incorporates them
into Title 19.08.065

MH

TXT-65077

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** STAFF RECOMMENDATION **

CASE
NUMBER
TXT-65077

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff has NO RECOMMENDATION.

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

N/A

APPROVALS

PROTESTS

N/A

MH

TXT-65077
Proposed Amendments Page One
September 13, 2016 - Planning Commission Meeting

**PROPOSED AMENDMENTS**

1. LVMC Chapter 19.00.100(B) Table 2 , Official Zoning Map Establishment of Zones, is


hereby amended by adding thereto a new commercial zoning district as follows:
B.

Establishment of Zones
2.

The commercial and industrial zoning districts established by this Title are as
follows and shall be known and cited as:
Abbreviated
Designation

Zoning District
Name

District Purpose

P-O

Professional Office

page ##

Office

page ##

C-D

Designed Commercial

page ##

C-1

Limited Commercial

page ##

C-2

General Commercial

page ##

C-PB

Planned Business Park

page ##

C-M

Commercial/Industrial

page ##

Industrial

page ##

2. Table 1 of LVMC Chapter 19.04.160, Transportation Land Use Matrix, is hereby amended as
follows:
See Exhibit A, TXT-65077 Supplemental for a draft of the updated LVMC 19.04.160,
Transportation Land Use Matrix Table 1 which proposes to add a row to address the
inclusion of the C-D District within the UDC. Text to be added is in blue and underlined.
3. LVMC Chapter 19.08.050, P-O Professional Office Development and Design Standards, is
hereby amended by adding thereto a new subsection to provide the use restrictions specific to
the P-O Professional Office zoning district as follows:
See Exhibit B, TXT-65077 Supplemental for a draft of the new LVMC 19.08.050, P-O
Professional Office District, which proposes to add use restrictions related to the P-O
district. All new text is emphasized.

MH

TXT-65077
Proposed Amendments Page Two
September 13, 2016 - Planning Commission Meeting

4. LVMC Chapter 19.08, Commercial and Industrial Districts Purpose and Development and
Design Standards, is hereby amended by adding thereto a new section 65 to provide the purpose
and development standards for the C-D (Designed Commercial) zoning district as follows:
See Exhibit C, TXT-65077 Supplemental for a draft of the new LVMC 19.08.065, C-D
Designed Commercial District, which proposes to add standards for newly included district.
All text is new so no emphasizing of the text is used.
5. LVMC Chapter 19.08.120 (F), Commercial and Industrial Sign Standards - Signs Permitted in
Commercial and Industrial Districts, is hereby amended as follows:
C-D is added to all sign categories in Paragraphs (5) through (19) where O (Office) is
indicated to allow these signs within the proposed C-D District with requirements that are
the same as those for the Office District.
6. LVMC Chapter 19.12.010 Table 2, Permitted Uses, is hereby amended by adding thereto a new
section 65 to provide the purpose and development standards for the C-D (Designed
Commercial) zoning district as follows:
See Exhibit D, TXT-65077 Supplemental for a draft of the new LVMC 19.12.010,
Permitted Uses Table, which proposes to add the C-D zoning district and identify applicable
land use categories within the permitted uses table. All new text is emphasized.
7. LVMC Chapter 19.12.070, Permissible Uses Permissible Use Descriptions and Applicable
Conditions and Requirements, is hereby amended by amending the conditional use regulations
for the Drive-Through entry as follows:
Conditional Use Regulations:
1.

2.
3.

A single-station drive-through shall have a stacking lane that will accommodate a


minimum of six vehicles, including the vehicle at the station. A multiple-station
drive-through shall have stacking lanes that will accommodate a minimum of three
vehicles per station, including the vehicle at that station.
The drive-through shall be screened in accordance with LVMC 19.08.040(F).
In the O (Office) and C-D Designed Commercial Districts CD-O (Designed
Commercial Overlay) Districts, a drive-through shall be separated from any
residentially zoned property by an intervening building and shall not have access to
local residential streets.

8. LVMC Chapter 19.12.070, Permissible Uses Permissible Use Descriptions and Applicable
Conditions and Requirements, is hereby amended by amending the conditional use regulations
for the General Retail Store, Other Than Listed entry as follows:

MH

TXT-65077
Proposed Amendments Page Three
September 13, 2016 - Planning Commission Meeting

Conditional Use Regulations:


1.
2.

The general retail use must be ancillary to a primary use, and shall not exceed
3,500 square feet in gross floor area.
Within the C-D Designed Commercial District, the following conditions apply:
a. No use or business activity shall remain open to the public for business
between the hours of 9:00 p.m. and 7:00 a.m.
b. The sale or dispensing of gasoline or other automotive fuels is not
permitted.
c. Retail shops shall sell new merchandise exclusively except for antique
shops. All products produced, whether primary or incidental, shall be sold at
retail on the premises, and not more than two persons shall be engaged in the
production of such products.

9. LVMC Chapter 19.12.070, Permissible Uses Permissible Use Descriptions and Applicable
Conditions and Requirements, is hereby amended by amending the conditional use regulations
for the Small Wind Energy System entry as follows:
Conditional Use Regulations:
1.
2.

3.

4.

5.

6.

The minimum parcel size shall be 20,000 square feet.


No small wind energy system is eligible for approval if all or part of the property
is within a conservation easement or scenic highway corridor, or is listed on the
State or National Registers of Historic Places, unless the applicant submits
satisfactory evidence that the addition of a small wind energy system is not a
violation of the rules that govern the development of the property.
A system may be directly mounted on or attached to the principal structure on the
site, or may be mounted on a freestanding tower. Where possible, the system
should be integrated with other structures, such as buildings, light poles or onpremise sign structures, so as to minimize visual impacts.
A system shall not extend to a height greater than the following, measured with
reference to the highest point of the fixed structure to which the system is attached
(but excluding the wind turbine):
a. 50 feet, for parcels in the R-D, R-1 and R-2 Zoning Districts;
b. 65 feet, for parcels in the R-E, and R-3 Zoning Districts, and
c. 90 feet for parcels in the R-4, P-O, O, C-D, C-1, C-2, C-M and M Zoning
Districts.
When a system is mounted on a freestanding tower:
a. The tower and any guy-wires or other supports shall comply with all
minimum setbacks for the property; and
b. The tower shall be set back from any habitable structure on an adjacent
property a distance at least as great as the height of the tower.
No more than one system shall be permitted on a parcel of land.

MH

TXT-65077
Proposed Amendments Page Four
September 13, 2016 - Planning Commission Meeting

7.

8.

9.

10.
11.

12.

13.

14.

A system shall be constructed and maintained so that noise levels do not exceed
60dBA, as measured by a sound level meter at the closest neighboring inhabited
dwelling. However, this level may be exceeded during short term events such as
utility outages or sever windstorms.
The applicant must submit proof of turbine certification approved under the
Emerging Technologies program of the California Energy Commission or any
other small wind certification program recognized by the American Wind Energy
Association.
A system must comply with applicable FAA regulations, including any necessary
approvals for installations close to airports. Such approvals must be received prior
to the submittal of a building permit application. For locations within the Airport
Overlay District, the system must comply with all regulations and requirements
applicable to that district.
A system must comply with all applicable fire codes and building codes.
A building permit application for a system must be accompanied by:
a. Standard drawings of the wind turbine structure including base, tower and
footings;
b. An engineering analysis of the tower showing compliance with the
International Building Code and certified by a licensed professional
engineer; and
c. A line drawing of the electrical components in sufficient detail to allow for a
determination that the manner of installation conforms to the National
Electrical Code.
Before the installation of a system, the applicant must provide satisfactory
evidence that the electrical utility provider has been informed of the applicants
intent to install a system. An off-grid system shall be exempt from this
requirement if the property is not served by an electrical utility provider.
No system shall be erected or moved onto any lot prior to construction of the main
building unless a building permit has been issued for the construction of the main
building.
Except with respect to Conditional Use Regulations 1, 3, 4, 5(b), 6 and 12 the
Special Use Permit provision of Section 19.12.040(B) does not apply to this use.
In the case of a Special Use Permit application filed as a consequence of not
qualifying for conditional use treatment regarding any of the Regulations listed in
the preceding sentence, the remaining Regulations shall apply as Minimum
Special Use Permit Requirements, and Regulations 2, 5(a), 7, 8, 9, 10, 11 and 13
above, when imposed as Minimum Special Use Permit Requirements, shall be
deemed to be nonwaivable.

10. LVMC Chapter 19.12.080 Use Restrictions for CD-O District is hereby removed. The
applicable use restrictions are incorporated into the C-D Designed Commercial zoning district
description in LVMC Chapter 19.08.065.

MH

TXT-65077
Proposed Amendments Page Five
September 13, 2016 - Planning Commission Meeting

11. LVMC Chapter 19.12.090 Use Restrictions for P-O and O Districts is hereby removed. The
applicable use restrictions are incorporated into the P-O Professional Office zoning district
description in LVMC Chapter 19.08.050. The use restrictions for outdoor storage in the O
Office zoning district are addressed by the general development standards for Outdoor Storage
Areas listed in LVMC Chapter 19.08.040(E)(4)(e).

MH

TXT-65077
Staff Report Page One
September 13, 2016 - Planning Commission Meeting

PROJECT SUMMARY
This text amendment request is for the discussion and possible action to amend the LVMC
Chapter 19, Unified Development Code (UDC) of the City of Las Vegas to re-introduce
development standards for the C-D (Designed Commercial) zoning district to LVMC Chapter
19, hereto referred to as Title 19.

ANALYSIS
In March of 2011, the City Council adopted the Unified Development Code (UDC) for the city of
Las Vegas to consolidate the citys subdivision and zoning codes into one comprehensive
development code. In developing the new code, department staff worked extensively with members
of the public and other city staff to create a new approach in presenting the development standards
appropriate to the city. Part of this approach was the consolidation of zoning districts in order to
produce more consistent development patterns. Some districts, such as the C-V (Civic) and C-D
(Designed Commercial) were re-categorized as Special Area and Overlay Districts for the purpose of
establishing special zoning regulations in tune with the special characteristics of those areas.
However, the transition of the C-D (Designed Commercial) zoning district to the CD-O Designed
Commercial Overlay has led to some confusion and difficulty in referencing the specific
development standards and permissible uses. The current Special Overlay District Development
Standards do not readily present pertinent information, such as side and front building setbacks, in a
manner that is consistent with the other commercial zoning district development standards listed in
Title 19.08. There has also been confusion in adequately referencing section 19.12.080 for the
specific use restrictions for the CD-O District, as most users are more apt to rely on the permitted use
table and descriptions found in 19.12.010 Table 2 and 19.12.070, respectively.
The purpose of the re-introduced CD (Design Commercial) District will remain consistent with what
is listed in the CD-O Designed Commercial Overlay District, which also remains consistent with the
purpose of C-D (Designed Commercial) District listed in the previous Title 19 Zoning Code. As
such, the purpose of the C-D (Designed Commercial) District is to provide standards for the
development of a select type of light commercial uses which will be in harmony with the
neighborhood in which it is to be located. The C-D District is consistent with the Office and Service
Commercial land use categories listed in General Plan. It is important to note, that the CD-O
Designed Commercial Overlay District will remain in effect for the properties identified by the CD zoning district designation.
The following table compares the standards for building placement, shade structures, lot
coverage, and building height in the proposed C-D District to those of the nearest existing
commercial zoning district:

MH

TXT-65077
Staff Report Page Two
September 13, 2016 - Planning Commission Meeting

Standard
Min. Lot Width
Min. Setbacks, Principal
Structure
x Front
x Side
x Corner
x Rear
Min. Setbacks, Shade
Structure

Max. Lot Coverage

Max. Building Height

O
100 Feet

C-D
100 Feet

C-1
100 Feet

25 Feet
10 Feet
15 Feet
25 Feet

25 Feet
10 Feet
15 Feet
25 Feet

10 Feet
10 Feet
10 Feet
20 Feet

Detached = 15 Feet
front, 8 Feet Side

Detached = 15 Feet
front, 8 Feet Side

Detached = 15 Feet
front, 8 Feet Side

Attached = match
setbacks for
principal structure
30%

Attached = match
setbacks for principal
structure
30%
One story or 20 feet,
whichever is less for
parcels along
Charleston, between
Rancho and Valley
View
Or two stories or 35
feet, whichever is less
for all other parcels

Attached = match
setbacks for
principal structure
50%

2 Stories Max, not to


exceed 35 feet

N/A

The following table lists the permissible uses within the proposed C-D Zoning District:
Permitted Uses
Animal Hospital, Clinic, or Shelter (with no Outside Pens)
Auto Title Loan
Business School
Catering Service
Check Cashing Service, Limited
Church/House of Worship
Community Garden
Community Recreational Facility (Public)
Copy Center
Country Club, Private
Desktop Publishing
Drive-Through
Electric Utility Substation
Employment Agency

S
S
P
C
C
P
P
P
P
P
P
C
S
P

MH

TXT-65077
Staff Report Page Three
September 13, 2016 - Planning Commission Meeting
Permitted Uses
Financial Institution General
Financial Institution, Specified
General Personal Service
General Retail, Other Than Listed
Government Facility
Health Club
Hospice
Internet/Catalogue Sales Office
Laboratory, Medical or Dental
Library, Art Gallery or Museum (Public)
Liquefied Petroleum Gas Installation (288 Gallons or Less)
Martial Arts Studio
Massage, Accessory
Mounted Antenna over 15 Feet (Ultimate Height)
Museum, Art Display, or Art Sales (Private)
Office, Medical or Dental
Office, Other than Listed
Parking Facility
Parking Lot/Sidewalk Sale
Post Office, Local Service
Public or Private School, Primary
Public or Private School, Secondary
Public Park or Playground
Radio, TV or Microwave Communication Tower
Restaurant
Restaurant with Alcohol
Restaurant with Service Bar
Satellite Dish
Seasonal Outdoor Sales
Social Event with Alcoholic Beverage Sales
Social Service Provider
Solar Panel
Temporary Contractors Construction Yard
Utility Installation, Other Than Listed
Utility Transmission Lines (Class I)
Utility Transmission Line (Class II)
Valet Parking
Wireless Communication Facility, Non-Stealth Design (Not Qualifying for
Conditional Use Approval)
Wireless Communication Facility, Non-Stealth Design (Qualifying for
Conditional Use Approval)

P
S
P
C
P
P
P
P
A
P
C
P
A
S
P
P
P
S
T
P
S
S
P
S
P
S
S
C
T
S
S
C
T
C
S
C
S
C

C
P - Permitted, C Conditional, S Special Use Permit, A Accessory, T Temporary Commercial
Permit
MH

TXT-65077
Staff Report Page Four
September 13, 2016 - Planning Commission Meeting

FINDINGS
The proposed text amendment will achieve the following:
x
x
x
x

Re-introduce the C-D (Designed Commercial) District as a zoning district, with


development standards consistent with previously established standards and updated uses
that remain consistent with the intent and purpose of the district.
Retain the CD-O Designed Commercial Overlay District in the UDC.
Indicate specific conditions for the General Retail, Other Than Listed Use located in the
C-D (Designed Commercial) District
Relocate the Use Restrictions listed in 19.12.080 for the C-D (Designed Commercial)
zoning district and 19.12.090 for the P-O (Professional Office) zoning district to the
district descriptions provided in 19.08.

BACKGROUND INFORMATION
Related Relevant City Actions by P&D
The City Council adopted Bill 2011-7 as Ordinance 6135 to merge Titles 18
(Subdivision Regulations) and 19 (Zoning Code) into one Title to be known as
03/16/11
the Unified Development Code (UDC) of the City of Las Vegas. Planning
Commission and staff recommended approval of the amendment.
The City Council adopted Bill 2012-17 as Ordinance 6190 to update Title 19
(Unified Development Code) to make various corrections, clarifications and
05/02/12
improve graphics. This ordinance also re-introduced the C-PB (Planned
Business Park) District. Planning Commission and staff recommended
approval of the amendment.
The City Council adopted Bill 2013-35 as Ordinance 6270 to amend Title 19
(Unified Development Code) by re-introducing the R-D (Single Family
09/18/13
Residential-Restricted) District. Planning Commission and staff
recommended approval of the amendment.
The City Council adopted Bill 2014-28 as Ordinance 6323 to update Title 19
(Unified Development Code) to introduce the R-SL (Residential Small Lot)
06/04/14
District. Planning Commission and staff recommended approval of the
amendment.

MH

TXT-65077
Supplemental Material Page One
September 13, 2016 - Planning Commission Meeting

** Supplemental Material **

Proposed changes to LVMC Title 19 (Unified Development Code)

Exhibit A - LVMC 19.04.160, Transportation Land Use Matrix Table 1


Exhibit B - LVMC 19.08.050, P-O Professional Office Standards
Exhibit C - LVMC 19.08.065, C-D Designed Commercial Standards
Exhibit D - LVMC 19.12.010 Table 2, Permitted Uses

MH

Agenda Item No.: 102.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
TXT-66412 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For possible action on a request to remove and replace the Downtown Centennial
Plan with the Vision 2045 Las Vegas Downtown Masterplan and amend LVMC Title 19 as
applicable. Staff recommends APPROVAL.
THIS ITEM WILL BE FORWARDED TO CITY COUNCIL IN ORDINANCE FORM
PROTESTS RECEIVED BEFORE:

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Summary, Proposed Amendments and Staff Report

TXT-66412
Summary Page One
September 13, 2016 - Planning Commission Meeting

**SUMMARY**

Summary: TXT-66412 (LVMC Title 19 Remove and Replace the DCP-O


(Downtown Centennial Plan Overlay District) with the updated DTMP-O
(Downtown Las Vegas Vision 2045 Masterplan Overlay District)
Code Requirement

Existing Regulation

Title
19.00.100(B)(4)

Outlines the Overlay districts Removes the DCP-O Downtown


established by the Title.
Centennial Plan Overlay and replaces
with the updated DTMP-O Vision
2045 Downtown Las Vegas
Masterplan Overlay.

Title 19.06.040(J)

Contains language exempting the


automatic application of the
residential
development
standards,
including
the
Residential Adjacency Setback.

Replaces reference to the DCP-O


Downtown Centennial Plan Overlay
with
the
updated
DTMP-O
Downtown Las Vegas Vision 2045
Master Plan Overlay.

19.08.040(I)

Contains language exempting the


automatic application of the
commercial
development
standards,
including
the
Residential Adjacency Setback.

Replaces reference to the DCP-O


Downtown Centennial Plan Overlay
with
the
updated
DTMP-O
Downtown Las Vegas Vision 2045
Master Plan Overlay.

Contains language exempting the


automatic application of the onsite loading standards for uses
that receive and distribute
materials or merchandise by truck
within the DCP-O Downtown
Centennial Plan Overlay.
19.08.120(H)(1)(a) References the DCP-O Downtown
Centennial Plan Overlay District
as the applicable boundaries for
Supergraphic Signage.

Replaces reference to the DCP-O


Downtown Centennial Plan Overlay
with
the
updated
DTMP-O
Downtown Las Vegas Vision 2045
Master Plan Overlay.

19.10.100(D)(d)

Replaces reference to the DCP-O


Downtown Centennial Plan Overlay
with
the
updated
DTMP-O
Downtown Las Vegas Vision 2045
Master Plan Overlay.

19.08.110(D)(2)

States the requirement that three


business owners located within
the DCP-O Downtown Centennial
Plan Overlay District, and as
appointed by the Mayor, sit on the
Downtown
Design
Review
Committee (DDRC).

Proposed Regulation

Replaces reference to the DCP-O


Downtown Centennial Plan Overlay
with
the
updated
DTMP-O
Downtown Las Vegas Vision 2045
Master Plan Overlay.

MH

TXT-66412
Summary Page Two
September 13, 2016 - Planning Commission Meeting

Code Requirement

Existing Regulation

Proposed Regulation

Title 19.10.110

Outlines the Intent, the Design


Standards, and Special Provisions
for the DCP-O Downtown
Centennial Plan Overlay District.

Removes
reference
to
the
Downtown Centennial Plan and
replaces
with
the
updated
Downtown Las Vegas Vision 2045
Masterplan, which encapsulates the
revised Intent, Downtown Design
Standards, and Special Provisions
for the expanded Downtown Las
Vegas Master Plan Area.

19.10.160(C)(1)(b) Contains language regarding the


standards for signage located
outside of the DCP-O Downtown
Centennial Plan Overlay District,
DC-O Downtown Casino Overlay
District or the DE-O Downtown
Entertainment Overlay District.

Removes this paragraph, as the


proposed boundary expansion of the
updated Downtown Las Vegas
Vision 2045 Master Plan Overlay
District covers the length of the SBO Scenic Byway Overlay District
and makes this a moot point.

19.12.070

Replaces all references to the DCPO Downtown Centennial Plan


Overlay, where applicable, with the
updated DTMP-O Downtown Las
Vegas Vision 2045 Master Plan
Overlay.

Provides the descriptions and


applicable use regulations for all
uses,
particularly:
Liquor
Establishment; Night Club;
Senior Citizen Apartments;
Sexually Oriented Business; and
Urban Lounge.
19.16.270(D)(2)(a) Provides language for Master
Sign Plan conformance, to
include such sign plans located
within the DCP-O Downtown
Centennial Plan Overlay District.
19.18.020

Replaces reference to the DCP-O


Downtown Centennial Plan Overlay
with
the
updated
DTMP-O
Downtown Las Vegas Vision 2045
Master Plan.

Provides the definitions to various Replaces reference to the DCP-O


planning and land use terms Downtown Centennial Plan Overlay
particularly: Urban Core Area. with
the
updated
DTMP-O
Downtown Las Vegas Vision 2045
Master Plan.

MH

TXT-66412

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** STAFF RECOMMENDATION **

CASE
NUMBER
TXT-66412

RECOMMENDATION

REQUIRED FOR
APPROVAL

Staff recommends APPROVAL.

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED

NOTICES MAILED

N/A

APPROVALS

PROTESTS

N/A

MH

TXT-66412
Proposed Amendments Page One
September 13, 2016 - Planning Commission Meeting

**PROPOSED AMENDMENTS**
1. Title 19.00.100(B) Table 4, Official Zoning Map Establishment of Zones, is hereby amended
by adding thereto a new commercial zoning district as follows:
Abbreviated
Designation

Zoning District
Name

District Purpose

A-O

Airport Overlay

page ##

C-D

Designed Commercial Overlay

page ##

DC-O

Downtown Casino Overlay

page ##

DCP- DTMP-O

Downtown Centennial Plan Overlay Downtown


Las Vegas Vision 2045 Master Plan Overlay

page ##

DE-O

Downtown Entertainment Overlay

page ##

G-O

Gaming Overlay

page ##

HS-O

Hillside Development Overlay

page ##

HD-O

Historic Designation Overlay

page ##

SB-O

Scenic Byway Overlay

page ##

LW-O

Live/Work Overlay

page ##

RP-O

Rural Preservation Overlay

page ##

2. LVMC Chapter 19.06.040(J), [Residential] Development Standards, is hereby amended as


follows:
J.

Downtown Centennial Plan Overlay District Downtown Las Vegas Vision 2045
Master Plan Overlay District

Building Height, Setback and Lot Coverage. All structures located in the Downtown
Centennial Plan Overlay District Downtown Las Vegas Vision 2045 Master Plan Overlay
District are exempted from the automatic application of the building height, building
setback and lot coverage provisions of this Chapter, including the Residential Adjacency
Setback, provided, however, that this exemption does not prohibit the City Council from
imposing a building height, setback or lot coverage requirement in connection with the
approval of a Site Development Plan.
3. LVMC Chapter 19.08.040(I), [Commercial] Development Standards, is hereby amended as
follows:

MH

TXT-66412
Proposed Amendments Page Two
September 13, 2016 - Planning Commission Meeting

I.

Downtown Centennial Plan Overlay District Downtown Las Vegas Vision 2045
Master Plan Overlay District

All structures located in the Downtown Centennial Plan Overlay District Downtown Las
Vegas Vision 2045 Master Plan Overlay District are exempted from the automatic
application of the building height, building setback and lot coverage provisions of this
Chapter, including the Residential Adjacency Setback, provided, however, that this
exemption does not prohibit the City Council from imposing a building height, setback or
lot coverage requirement in connection with the approval of a Site Development Plan.
4. LVMC Chapter 19.08.110(D)(2)is hereby amended as follows:
2. Applicability
Except for the uses within the Downtown Centennial Plan Overlay District Downtown Las
Vegas Vision 2045 Master Plan Overlay District, every use that receives or distributes
materials or merchandise by truck shall provide and maintain on-site loading spaces in
accordance with the standards of this Section.
A.

Intent

The intent of the Downtown Centennial Plan Overlay District Downtown Las Vegas
Vision 2045 Master Plan Overlay District is to establish special design standards for
development within the Citys established urban core. The boundaries of the District
shall be coterminous with the boundaries of the Las Vegas Downtown Centennial Plan
Downtown Las Vegas Vision 2045 Master Plan Overlay District (see Figure 2), as
adopted by ordinance, and as the boundaries may be amended from time to time.
B.

Downtown Design Standards

Development within the Downtown Centennial Plan Overlay District shall conform to the
Downtown Las Vegas Design Development Standards (the Design Development
Standards), which are included within the Las Vegas Downtown Centennial Plan
Downtown Las Vegas Vision 2045 Master Plan - Implementing Regulations. Those
Design Standards are adopted and incorporated by this reference. In addition, development
within the boundaries of any sub-districts within the Downtown Centennial Plan Overlay
District Downtown Las Vegas Vision 2045 Master Plan shall conform to applicable
Design Development Standards that have been adopted for that sub-district. As and when
such Design Standards for sub-districts are adopted, they shall be deemed to be
incorporated into this Subsection by this reference. Copies of all Design Development
Standards adopted by the City Council (whether published separately or not) shall be on
file in the Office of the City Clerk and in the Department. The Downtown Centennial Plan
Downtown Las Vegas Vision 2045 Master Plan Overlay District Design Development

MH

TXT-66412
Proposed Amendments Page Three
September 13, 2016 - Planning Commission Meeting

Standards are mandatory and shall apply to any property and zoning category within the
District, and any Design Development Standards adopted for any sub-district are
mandatory and shall apply to any property and zoning category within the sub-district to
which they pertain. Design Development Standards referred to in this subsection may be
amended from time to time by ordinance or by resolution of the City Council. If the City
Council adopts more restrictive design development standards for one or more additional
sub-districts within the Downtown Centennial Plan Overlay District Downtown Las Vegas
Vision 2045 Master Plan Overlay District, those more restrictive standards shall apply to
the sub-district to which they pertain.
C.

Special Provisions

In order to encourage the development of a complex, visually interesting and urbane


walkable mixed-use environment, and to encourage transit-oriented development as future
transit routes and stations develop within the Downtown area, properties within the
Downtown Centennial Plan Overlay District Downtown Las Vegas Vision 2045 Master
Plan Overlay District are exempt from the automatic application of the mandatory
maximum building height, required building setback, maximum lot coverage, residential
adjacency, standard landscaping requirements, and standard parking requirements in this
Title. However, the exemption does not prohibit City staff, the Planning Commission, and
the City Council from imposing limitations on the approval of a Site Development Plan.
Site Development Plan applications within the Downtown Centennial Plan Overlay
District Downtown Las Vegas Vision 2045 Master Plan Overlay District shall be
evaluated on a case-by-case basis to determine the extent to which those standards shall be
required.
5. LVMC Chapter 19.08.120(H)(1)(a), is hereby amended as follows:
H.

Supergraphic Signage
1. General Provisions.
a. Supergraphic signage is permitted within the City, but only within the
boundaries of the Downtown Centennial Plan Overlay District Downtown
Las Vegas Vision 2045 Master Plan Overlay District, as described in LVMC
19.10.110 and only in accordance with this Subsection (H).

6. LVMC Chapter 19.10.100(D)(d), is hereby amended as follows:


D.

Special Sign Standards-Review and Approval Procedures


1. Downtown Design Review Committee. There is hereby created a Downtown
Design Review Committee (DDRC) for the review of signs proposed to be
located within the District. The DDRC shall be composed of:
MH

TXT-66412
Proposed Amendments Page Four
September 13, 2016 - Planning Commission Meeting

a.

Two members of the Planning Commission appointed by the Commission;

b.

One representative of the Department designated by the Director;

c.

One representative of the Citys Department of Economic and Urban


Development, designated by the its Director; and

d.

Three owners of businesses located within the DCP-O Downtown


Centennial Plan Overlay District Downtown Las Vegas Vision 2045 Master
Plan Overlay District.

7. LVMC Chapter 19.10.160(C)(1)(b), is hereby amended as follows:


C.

Sign Standards
1. Relationship to Other Provisions. Standards governing signs located within the
boundaries of the SB-O District are intended to be the most restrictive. Except as
otherwise modified, required or prohibited by this Section, all signage within the
Las Vegas Boulevard Scenic Byway Overlay District shall be governed by and
subject to:
a.
b.

All applicable standards and procedures in this Title; and


The review and approval procedures set forth in Subsection (D) of LVMC
19.10.100, irrespective of where in the Las Vegas Boulevard Scenic Byway
Overlay District the signage will be located. The provisions of LVMC
19.10.100(D)(8) shall apply to the supergraphic signage within the SB-O
District

For signage on properties that are not located within the boundaries of the DCP-O
Downtown Centennial Plan Overlay District, DC-O Downtown Casino Overlay
District or the DE-O Downtown Entertainment Overlay District, the applicable sign
standards will be set forth in LVMC 19.08.120, as well as the standards set forth in
Paragraphs (2) through (4) below.
8. LVMC Chapter 19.12.070, Permissible Uses Permissible Use Descriptions and Applicable
Conditions and Requirements, is hereby amended by amending the minimum special use
requirements for the Liquor Establishment (Tavern) entry as follows:
Minimum Special Use Permit Requirements
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:

MH

TXT-66412
Proposed Amendments Page Five
September 13, 2016 - Planning Commission Meeting

a. Will be located on a parcel within the C-V District, the Parkway Center
District Market and Symphony Park Districts within the Downtown
Centennial Plan Vision 2045 Downtown Las Vegas Masterplan Overlay
District, the Gaming Enterprise Overlay District, or the Downtown Casino
Overlay District;
9. LVMC Chapter 19.12.070, Permissible Uses Permissible Use Descriptions and Applicable
Conditions and Requirements, is hereby amended by amending the minimum special use
permit Requirements for the Night Club entry as follows:
Minimum Special Use Permit Requirements
6.

The distance separation requirement set forth in Requirement 1 may be waived in


accordance with the provisions of LVMC 19.12.050(C), under the following
circumstances:
a. In connection with a proposed nightclub that will be located on a parcel
within the C-V District, the Parkway Center District Market and Symphony
Park Districts within the Downtown Centennial Plan Vision 2045
Downtown Las Vegas Masterplan Overlay District, the Gaming Enterprise
Overlay District, or the Downtown Casino Overlay District;

10. LVMC Chapter 19.12.070, Permissible Uses Permissible Use Descriptions and Applicable
Conditions and Requirements, is hereby amended by amending the on-site parking
requirements for the Senior Citizen Apartments entry as follows:
On-site Parking Requirement: .75 spaces per unit (.5 spaces per unit within the
Downtown Centennial Plan Overlay District Downtown Las Vegas Vision 2045 Master
Plan Overlay District.
11. LVMC Chapter 19.12.070, Permissible Uses Permissible Use Descriptions and Applicable
Conditions and Requirements, is hereby amended by amending the conditional use
regulations for the Sexually Oriented Business entry as follows:
Conditional Use Regulations:
6.

The provisions of Regulation 4 and the provisions of Chapter 19.14 that prohibit
the expansion, the enlargement or alteration of an existing use as described in those
provisions shall not apply to an existing nude show located within the Downtown
Centennial Plan area Downtown Las Vegas Vision 2045 Master Plan Overlay
District, as described in Ordinance No. 6051 and as amended from time to time,
but only if and to the extent that the following conditions are met:

MH

TXT-66412
Proposed Amendments Page Six
September 13, 2016 - Planning Commission Meeting

12. LVMC Chapter 19.12.070, Permissible Uses Permissible Use Descriptions and Applicable
Conditions and Requirements, is hereby amended by amending the minimum special use
requirement for the Urban Lounge entry as follows:
Minimum Special Use Permit Requirements:
1.

The use is limited to the area located within the boundaries of 18B The Las Vegas
Arts District, as described in the Downtown Centennial Plan Downtown Las Vegas
Vision 2045 Master Plan and as amended from time to time.

13. LVMC Chapter 19.16.270(D)(2)(a) - Master Sign Plan Procedures is hereby amended as
follows:
2.

Conditions of Approval
In approving a Master Sign Plan, the Planning Commission may impose such
conditions, restrictions or limitations as the Commission may determine to be
necessary to meet the general purpose and intent of this Title and to ensure that the
public health, safety and welfare are being maintained. Conditions of approval may
include a required review after a specified period to ensure that signage actually
constructed conforms to required standards and is maintained in accordance with
applicable requirements. All signs in the Master Sign Plan shall:
a.

Either conform to all standards for the zoning district in which the sign will
be located, under this Title, or established sign requirements and limitations
that are more restrictive that those set forth in this Title and that are
consistent with the standards and criteria set forth in the following
Subparagraphs (b) through (g). Master Sign Plans may also be used to
establish the requirements and limitations for signs located in the Gaming
and Downtown Centennial Plan Overlay Downtown Las Vegas Vision 2045
Master Plan Overlay districts, and the Planned Community and Planned
Development Districts;

14. LVMC Chapter 19.18.020 Words and Terms Defined is hereby amended as follows:
Urban Core Area. Means the area defined as the Downtown Centennial Plan Overlay
District Downtown Las Vegas Vision 2045 Master Plan Overlay District in LVMC
19.10.110.

MH

TXT-66412
Staff Report Page One
September 13, 2016 - Planning Commission Meeting

PROJECT SUMMARY
This text amendment request is for the discussion and possible action to amend the LVMC Title
19, Unified Development Code (UDC) of the City of Las Vegas by removing all references to
the DCP-O Downtown Centennial Plan Overlay District and the affiliated Downtown Centennial
Plan and replacing those references with the newly adopted Downtown Las Vegas Vision 2045
Masterplan and related DTMP-O Downtown Las Vegas Vision 2045 Overlay District.

ANALYSIS
The City of Las Vegas Downtown Centennial Plan was originally adopted by the City Council on
July 5th, 2000. In the 16 years since the plan adoption, many changes in urban development trends
have brought about the necessity for updating and expanding the Las Vegas Downtown Centennial
Plan. Through a substantial two year planning effort, the new Vision 2045 Downtown Las Vegas
Masterplan was recently adopted by the City Council in June of 2016 with the goal of expanding the
plan area and updating the master plan to meet the growing urban demands for the next 30 years.
In 2011, the City Council adopted the Unified Development Code (UDC) for the city of Las Vegas to
consolidate the citys subdivision and zoning codes into one comprehensive development code. In
developing the new code, the inclusion of Special Area and Overlay Districts that establish special
zoning regulations to support the unique character of those areas was formalized. It is this Chapter of
the Municipal Code, Title 19.10.110, that enables the Downtown Las Vegas Vision 2045 Master
Plan Area to maintain separate development standards that are aligned with the unique urban nature
of the area. This proposed amendment is the first step in creating the formal path to implementing the
30-year vision laid out in the Downtown Las Vegas Vision 2045 Master Plan.

FINDINGS
The proposed text amendment will achieve the following:
x
x

Remove the DCP-O Downtown Centennial Plan Overlay District from the UDC and
replace with the DTMP-O Downtown Las Vegas Vision 2045 Master Plan District.
Remove references to the Downtown Centennial Plan from the UDC and replace with the
Downtown Las Vegas Vision 2045 Master Plan and the Downtown Las Vegas
Development Standards, which are encapsulated within the Implementing Regulations of
the Master Plan.

MH

TXT-66412
Staff Report Page Two
September 13, 2016 - Planning Commission Meeting

BACKGROUND INFORMATION
Related Relevant City Actions by P&D
The Planning Commission recommended approval of the Downtown Las
04/27/00
Vegas Downtown Centennial Plan.
The City Council adopted Ordinance #5238, formally adopting the Las Vegas
06/05/00
Downtown Centennial Plan document.

03/16/11
05/10/16
06/15/16

The City Council adopted Bill 2011-7 as Ordinance 6135 to merge Titles 18
(Subdivision Regulations) and 19 (Zoning Code) into one Title to be known as
the Unified Development Code (UDC) of the City of Las Vegas. Planning
Commission and staff recommended approval of the amendment.
The Planning Commission recommended approval of the
The City Council adopted Resolution R-05-2016, formally adopting the
Downtown Las Vegas Vision 2045 Masterplan, and directing staff to propose
revisions that implement the goals of the plan where appropriate.

MH

TXT-66412
Supplemental Material Page One
September 13, 2014 - Planning Commission Meeting

** Supplemental Material **

Proposed changes to LVMC Title 19 (Unified Development Code)


Exhibit A - Figure 1 Vision 2045 Downtown Las Vegas Masterplan Maps
Exhibit B - Figure 2 Downtown Las Vegas Development Standards

MH

Agenda Item No.: 103.

AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: SEPTEMBER 13, 2016


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

You might also like