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06.09.15 Final PC Packet
06.09.15 Final PC Packet
COMMISSIONERS
Facilities are provided throughout City Hall for convenience of persons with disabilities. For meetings held in the
Council Chambers, sound equipment is available for persons with hearing impairments. If you need an accommodation
to attend and participate in this meeting, please call the DEPARTMENT DESIGNEE at (702) 229-6301 and advise of
your need at least 48 hours in advance of the meeting. Dial 7-1-1 for Relay Nevada.
June 9, 2015
6:00 PM
ITEMS MAY BE TAKEN OUT OF THE ORDER PRESENTED AT THE DISCRETION OF THE CHAIRPERSON. TWO OR
MORE AGENDA ITEMS FOR CONSIDERATION MAY BE COMBINED; AND ANY ITEM ON THE AGENDA MAY BE
REMOVED OR RELATED DISCUSSION MAY BE DELAYED AT ANY TIME. BACKUP MATERIAL FOR THIS AGENDA
MAY BE OBTAINED FROM CHRYSTAL JACOBS, DEPARTMENT OF PLANNING, 333 NORTH RANCHO DRIVE, 3 RD
FLOOR, (702)-229-6301 OR ON THE CITYS WEBPAGE AT www.lasvegasnevada.gov.
NOTICE:
This meeting has been properly noticed and posted at the following locations:
City Hall, 495 South Main Street, 1st Floor
Clark County Government Center, 500 South Grand Central Parkway
Grant Sawyer Building, 555 East Washington Avenue
City of Las Vegas Development Services Center, 333 North Rancho Drive
ACTIONS:
ALL ACTIONS EXCEPT GENERAL PLAN AMENDMENTS, REZONINGS AND RELATED CASES
THERETO ARE FINAL UNLESS AN APPEAL IS FILED BY THE APPLICANT OR AN
AGGRIEVED PERSON, OR A REVIEW IS REQUESTED BY A MEMBER OF THE CITY
COUNCIL WITHIN TEN DAYS AND PAYMENT OF THOSE COSTS SHALL BE MADE UPON
FILING OF THE APPLICATION.
ANY ITEM LISTED IN THIS AGENDA MAY BE TAKEN OUT OF ORDER IF SO REQUESTED
BY THE APPLICANT, STAFF, OR A MEMBER OF THE PLANNING COMMISSION AND
AGREED TO BY THE PLANNING COMMISSION. THE PLANNING COMMISSION MAY
IMPOSE TIME LIMITATIONS, AS NECESSARY, ON THOSE PERSONS WISHING TO BE
HEARD ON ANY AGENDAED ITEM.
Planning Commission June 9, 2015 - Page 1
Staff will present each item to the Commission in order as shown on the agenda, along with a recommendation and
suggested conditions of approval, if appropriate.
2.
The applicant is asked to be at the public microphone during the staff presentation. When the staff presentation is
complete, the applicant should state his name and address, and indicate whether or not he accepts staffs conditions of
approval.
3.
If areas of concern are known in advance, or if the applicant does not accept staffs condition, the applicant or his
representative is invited to make a brief presentation of his item with emphasis on any items of concern.
4.
Persons other than the applicant who support the request are invited to make brief statements after the applicant. If
more than one supporter is present, comments should not be repetitive. A representative is welcome to speak and
indicate that he speaks for others in the audience who share his view.
5.
Objectors to the item will be heard after the applicant and any other supporters. All who wish to speak will be heard,
but in the interest of time it is suggested that representatives be selected who can summarize the views of any groups
of interested parties.
6.
After all objectors input has been received; the applicant will be invited to respond to any new issues raised.
7.
Following the applicants response, the public hearing will be closed; Commissioners will discuss the item amongst
themselves, ask any questions they feel are appropriate, and proceed to a motion and decision on the matter.
8.
Letters, petitions, photographs and other submissions to the Commission will be retained for the record. Large maps,
models and other materials may be displayed to the Commission from the microphone area, but need not be handed in
for the record unless requested by the Commission.
As a courtesy, we would ask those not speaking to be seated and not interrupt the speaker or the Commission. We appreciate
your courtesy and hope you will help us make your visit with the Commission a good and fair experience.
BUSINESS ITEMS:
1.
CALL TO ORDER
2.
3.
ROLL CALL
4.
PUBLIC COMMENT DURING THIS PORTION OF THE AGENDA MUST BE LIMITED TO MATTERS ON THE
AGENDA FOR ACTION. IF YOU WISH TO BE HEARD, COME TO THE PODIUM AND GIVE YOUR NAME FOR
THE RECORD. THE AMOUNT OF DISCUSSION, AS WELL AS THE AMOUNT OF TIME ANY SINGLE
SPEAKER IS ALLOWED, MAY BE LIMITED
5.
FOR POSSIBLE ACTION TO APPROVE THE FINAL MINUTES FOR THE PLANNING COMMISSION MEETING
OF MAY 12, 2015.
6.
FOR POSSIBLE ACTION - Any Items from the Planning Commission, staff and/or the applicant wish to be stricken or
held in abeyance to a future meeting may be brought forward and acted upon at this time.
CONSENT ITEMS:
CONSENT ITEMS ARE CONSIDERED ROUTINE BY THE PLANNING COMMISSION AND MAY BE ENACTED BY ONE
MOTION. HOWEVER, ANY ITEM MAY BE DISCUSSED IF A COMMISSION MEMBER OR APPLICANT SO DESIRES.
7.
ABEYANCE - TMP-58507 - TENTATIVE MAP - BRISTLE HEIGHTS - APPLICANT: MOSAIC LAND, LLC OWNER: S I C NEVADA ONE, LLC, ET AL - For possible action on a request for a Tentative Map FOR A 58-LOT
SINGLE-FAMILY RESIDENTIAL SUBDIVISION on 10.42 acres at the south side of Deer Springs Way, approximately
285 feet east of Hualapai Way (APNs 125-19-301-002 and 003), R-CL (Single Family Compact-Lot) Zone, Ward 6 (Ross)
[PRJ-58401]. Staff recommends APPROVAL.
8.
9.
10.
12.
VAR-59054 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: HEE SAM AND JOHN DUDEK - For
possible action on a request for a Variance TO ALLOW A FIVE-FOOT SIDE AND REAR YARD SETBACK WHERE
10 FEET IS REQUIRED FOR A PROPOSED ACCESSORY STRUCTURE (CLASS I) [CASITA] at 8485 Lake Tahoe
View Court (APN 125-05-610-009), R-PD2 (Residential Planned Development - 2 Units per Acre) Zone, Ward 6 (Ross)
[PRJ-58956]. Staff recommends APPROVAL.
13.
14.
15.
16.
SUP-58904 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: BRYZ GUYZ, INC. - OWNER:
DECATUR 215, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED
BEER/WINE/COOLER ON-SALE ESTABLISHMENT WITHIN A PROPOSED 3,039 SQUARE-FOOT
RESTAURANT WITH 503 SQUARE FEET OF OUTDOOR SEATING AREA at 6211 North Decatur Boulevard, Suite
#120 (APN 125-25-614-002), C-1 (Limited Commercial) Zone, Ward 6 (Ross) [PRJ-58639]. Staff recommends
APPROVAL.
17.
SUP-59041 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: GRIND MODE 1, LLC For possible action on a request for a Special Use Permit FOR A TRUCK RENTAL USE at 2901 North Rancho Drive
(APN 138-13-601-019), C-2 (General Commercial) Zone, Ward 5 (Barlow) [PRJ-58919]. Staff recommends
APPROVAL.
18.
19.
21.
ABEYANCE - ZON-58200 - REZONING RELATED TO GPA-58199 - PUBLIC HEARING APPLICANT/OWNER: DFA, LLC - For possible action on a request for a Rezoning FROM: R-E (RESIDENCE
ESTATES) AND C-2 (GENERAL COMMERCIAL) TO: M (INDUSTRIAL) on 28.55 acres at the northeast corner of
Bonanza Road and Clarkway Drive (APNs 139-28-302-001, 002, 003, 012, 014, 031, 032 and 034; and 139-28-303-001
and 003), Ward 5 (Barlow) [PRJ-58196]. Staff has NO RECOMMENDATION.
22.
ABEYANCE - RENOTIFICATION - SUP-57330 - SPECIAL USE PERMIT - PUBLIC HEARING APPLICANT/OWNER: HOMELESS HELPERS - For possible action on a request for a Special Use Permit FOR AN
ALTERNATIVE PARKING STANDARD TO ALLOW FOUR PARKING SPACES WHERE 18 SPACES ARE
REQUIRED FOR A PROPOSED GENERAL PERSONAL SERVICE USE at 200 Foremaster Lane (APN 139-27-504002), C-2 (General Commercial) Zone, Ward 5 (Barlow) [PRJ-56939]. Staff recommends APPROVAL.
23.
ZON-59062 - REZONING - PUBLIC HEARING - APPLICANT: DR. RUSSELL SHAH - OWNER: JUAN
ANTONIO SERVIN-SAMPERIO - For possible action on a request for a Rezoning FROM: R-E (RESIDENCE
ESTATES) TO: O (OFFICE) on 0.41 acres at 2500 West Charleston Boulevard (APN 139-32-802-029), Ward 1
(Tarkanian) [PRJ-58466]. Staff recommends APPROVAL.
24.
SDR-59063 - SITE DEVELOPMENT PLAN REVIEW RELATED TO ZON-59062 - PUBLIC HEARING APPLICANT: DR. RUSSELL SHAH - OWNER: JUAN ANTONIO SERVIN-SAMPERIO - For possible action on a
request for a Site Development Plan Review FOR A PROPOSED PARKING FACILITY WITH A WAIVER TO
ALLOW A ZERO-FOOT LANDSCAPE BUFFER ALONG A PORTION OF THE EAST PROPERTY LINE WHERE
EIGHT FEET IS THE MINIMUM REQUIRED on 0.41 acres at 2500 West Charleston Boulevard (APN 139-32-802029), R-E (Residence Estates) Zone [PROPOSED: O (Office)], Ward 1 (Tarkanian) [PRJ-58466]. Staff recommends
APPROVAL.
25.
VAR-59047 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: EQUITYLINK PROPERTIES, LLC For possible action on a request for a Variance TO ALLOW NO SIDEWALKS, AMENITY ZONE OR GATE ON A
PRIVATE STREET WHERE SUCH ARE REQUIRED on 1.93 acres on the southeast corner of Rosada Way and Jones
Boulevard (APN 125-36-302-001), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-58903]. Staff recommends
DENIAL.
26.
27.
WVR-59049 - WAIVER RELATED TO VAR-59047 AND VAR-59048 - PUBLIC HEARING APPLICANT/OWNER: EQUITYLINK PROPERTIES, LLC - For possible action on a request for a Waiver TO
ALLOW NO STREETLIGHTS ON JONES BOULEVARD, ROSADA WAY AND A PROPOSED PRIVATE STREET
WHERE STREETLIGHTS ARE REQUIRED AND TO ALLOW A 166-FOOT INTERSECTION OFFSET WHERE 220
FEET IS REQUIRED on 1.93 acres on the southeast corner of Rosada Way and Jones Boulevard (APN 125-36-302-001),
R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-58903]. Staff recommends DENIAL.
28.
29.
SDR-59051 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-59050 - PUBLIC HEARING APPLICANT/ OWNER: VICTOR HECKER, ET AL - For possible action on a request for a Major Amendment to a
previously approved Site Development Plan Review (SDR-53497) FOR A 24-BED CONVALESCENT CARE
FACILITY/NURSING HOME WITH A WAIVER TO ALLOW A ZERO-FOOT TO 11-FOOT LANDSCAPE BUFFER
ALONG THE EAST PERIMETER WHERE 15 FEET IS REQUIRED on 0.83 acres at the southwest corner of Elkhorn
Road and Jones Boulevard (APN 125-23-502-008), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-58468]. Staff
recommends APPROVAL.
30.
31.
32.
33.
34.
35.
WVR-59211 - WAIVER - PUBLIC HEARING - APPLICANT/OWNER: CRAIG JOHNSON - For possible action
on a request for a Waiver TO ALLOW NO STREETLIGHTS WHERE SUCH ARE REQUIRED on 0.91 acres at the
northeast corner of Tropical Parkway and Monte Cristo Way (APN 125-27-203-011), R-E (Residence Estates) Zone, Ward
6 (Ross) [PRJ-58883]. Staff recommends DENIAL.
36.
37.
VAR-59029 - VARIANCE RELATED TO WVR-59211 AND VAR-59031 - PUBLIC HEARING APPLICANT/OWNER: CRAIG JOHNSON - For possible action on a request for a Variance TO ALLOW A 20-FOOT
FRONT YARD SETBACK WHERE 50 FEET IS REQUIRED on 0.91 acres at the northeast corner of Tropical Parkway
and Monte Cristo Way (APN 125-27-203-011), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-58883]. Staff
recommends DENIAL.
38.
SUP-58913 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: PPS2, LLC - OWNER: BOCA
PARK MARKETPLACE SYNDICATIONS GROUP, LLC - For possible action on a request for a Special Use Permit
FOR A BEER/WINE/COOLER ON-SALE ESTABLISHMENT USE WITHIN A PROPOSED 3,479 SQUARE-FOOT
GENERAL PERSONAL SERVICE USE (INSTRUCTIONAL ARTS STUDIO) at 1000 South Rampart Boulevard, Suite
#10 (APN 138-32-412-018), C-1 (Limited Commercial) Zone, Ward 2 (Beers) [PRJ-58881]. Staff recommends
APPROVAL.
39.
SUP-59007 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: LEE'S LIQUOR - OWNER:
INLAND WESTERN LAS VEGAS MONTECITO, LLC - For possible action on a request for a Special Use Permit
FOR A PROPOSED 7,084 SQUARE-FOOT LIQUOR SALES (PACKAGE LIQUOR OFF-SALE ESTABLISHMENT)
USE at 6990 North Durango Drive (APN 125-20-710-009), T-C (Town Center) Zone [MT-TC (Montecito Town Center
Mixed-Use Commercial Special Land Use Designation)], Ward 6 (Ross) [PRJ-58937]. NOTE: THE CORRECT
ADDRESS IS 6690 NORTH DURANGO DRIVE. Staff recommends APPROVAL.
40.
SUP-59012 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: NO DRAMA BAIL BONDS OWNER: PLAZA LAS AMERICAS HOLDINGS, LLC - For possible action on a request for a Special Use Permit
FOR A PROPOSED 1,363 SQUARE-FOOT BAILBOND SERVICE at 546 Eastern Avenue, Suite #130 (APN 139-36110-040), C-1 (Limited Commercial) Zone, Ward 3 (Coffin) [PRJ-58746]. Staff recommends APPROVAL.
Planning Commission June 9, 2015 - Page 6
41.
SUP-59027 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: OPORTUN - OWNER: B.E. UNO,
LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED 1,711 SQUARE-FOOT
FINANCIAL INSTITUTION, SPECIFIED USE WITH WAIVERS TO ALLOW A ZERO-FOOT DISTANCE
SEPARATION FROM A RESIDENTIAL USE WHERE 200 FEET IS REQUIRED AND A 112-FOOT DISTANCE
SEPARATION FROM AN EXISTING SIMILAR USE WHERE 1,000 FEET IS REQUIRED at 568 North Eastern
Avenue, Suite A (APN 139-36-111-005), C-1 (Limited Commercial) Zone, Ward 3 (Coffin) [PRJ-58965]. Staff
recommends DENIAL.
42.
43.
SUP-59044 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: T-LVCR, LLC - For
possible action on a request for a Special Use Permit FOR A PROPOSED 13,810 SQUARE-FOOT PACKAGE LIQUOR
OFF-SALE ESTABLISHMENT USE at 18 Fremont Street (APN 139-34-111-033), C-2 (General Commercial) Zone,
Ward 5 (Barlow) [PRJ-59011]. Staff recommends DENIAL.
44.
SUP-59055 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: RINCON DE LOS REMEDIOS OWNER: WETHERBEE PROPERTIES, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED NIGHT CLUB USE WITHIN AN EXISTING 4,680 SQUARE-FOOT LIQUOR ESTABLISHMENT
(TAVERN) at 923 North Pecos Road (APN 139-25-601-004), C-1 (Limited Commercial) Zone, Ward 3 (Coffin) [PRJ58640]. Staff recommends DENIAL.
45.
46.
SDR-58932 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAC-59208 - PUBLIC HEARING APPLICANT/OWNER: AFFORDABLE HOUSING FOR EVERYONE, INC. - For possible action on a request for a
Site Development Plan Review FOR TWO PROPOSED FOUR-UNIT MULTI-FAMILY RESIDENTIAL
DEVELOPMENTS WITH A WAIVER TO ALLOW A RESIDENTIAL ADJACENCY SETBACK OF SIX FEET
WHERE A MINIMUM OF 67.5 FEET IS REQUIRED AND WAIVERS TO ALLOW ZERO-FOOT WIDE
LANDSCAPE BUFFERS ALONG A PORTION OF THE NORTH AND SOUTH PROPERTY LINES WHERE SIX
FEET IS REQUIRED AND A 9-FOOT WIDE LANDSCAPE BUFFER ADJACENT TO THE RIGHT OF WAY
WHERE TEN FEET IS REQUIRED on 0.48 acres at 1961-1973 Simmons Street (APNs 139-20-301-007 and 008), R-3
(Medium Density Residential) Zone, Ward 5 (Barlow) [PRJ-58587]. Staff recommends DENIAL.
DIRECTOR'S BUSINESS:
47.
TXT-58648 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS - For
discussion and possible action on a request to amend LVMC Chapter 19.16.180 related to Home Occupation Permits and
to provide for other related matters. Staff recommends APPROVAL.
48.
TXT-59132 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS - For
discussion and possible action on a request to amend LVMC Chapter 19.12 related to Permitted Uses to streamline zoning
requirements and development standards for various land uses, and to provide for other related matters. Staff recommends
APPROVAL.
49.
TXT-59133 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS - For
discussion and possible action on a request to amend LVMC Title 19 to revise the applicability and procedures related to
review of Site Development Plans, and to provide for other related matters. Staff recommends APPROVAL.
50.
DIR-59318 - DIRECTOR'S BUSINESS - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS For discussion and possible action on a request for the appointment of new members to the Downtown Design Review
Committee. Staff has NO RECOMMENDATION.
CITIZENS PARTICIPATION:
51.
CITIZENS PARTICIPATION: PUBLIC COMMENT DURING THIS PORTION OF THE AGENDA MUST BE
LIMITED TO MATTERS WITHIN THE JURISDICTION OF THE PLANNING COMMISSION. NO SUBJECT MAY
BE ACTED UPON BY THE PLANNING COMMISSION UNLESS THAT SUBJECT IS ON THE AGENDA AND IS
SCHEDULED FOR ACTION. IF YOU WISH TO BE HEARD, COME TO THE PODIUM AND GIVE YOUR NAME
FOR THE RECORD. THE AMOUNT OF DISCUSSION ON ANY SINGLE SUBJECT, AS WELL AS THE AMOUNT
OF TIME ANY SINGLE SPEAKER IS ALLOWED, MAY BE LIMITED
Discussion
SUBJECT:
ABEYANCE - TMP-58507 - TENTATIVE MAP - BRISTLE HEIGHTS - APPLICANT:
MOSAIC LAND, LLC - OWNER: S I C NEVADA ONE, LLC, ET AL - For possible action on
a request for a Tentative Map FOR A 58-LOT SINGLE-FAMILY RESIDENTIAL
SUBDIVISION on 10.42 acres at the south side of Deer Springs Way, approximately 285 feet
east of Hualapai Way (APNs 125-19-301-002 and 003), R-CL (Single Family Compact-Lot)
Zone, Ward 6 (Ross) [PRJ-58401]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within Seven Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
TMP-58507 [PRJ-58401]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
TMP-58507
RECOMMENDATION
REQUIRED FOR
APPROVAL
** CONDITIONS **
TMP-58507 CONDITIONS
Planning
1.
Approval and conformance to the conditions of approval of Administrative Deviation (DVN58510) 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 within four (4) years of
the approval of the Tentative Map, this action is void.
3.
Street names must be provided in accordance with the Citys Street Naming and Addressing
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.
GK
TMP-58507 [PRJ-58401]
Conditions Page Two
June 9, 2015 - Planning Commission Meeting
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.
Public Works
7.
Dedicate 40 feet of right-of-way adjacent to this site for Deer Springs Way concurrent with
the recordation of a Final Map for this site. Additionally, submit all required documentation
and support materials to the Right-of-Way Section of the Department of Operations and
Maintenance for a Bureau of Land Management (BLM) Grant application to obtain a grant
(Sewer, Drainage, and Roadway) for the south side of Inyo Avenue adjacent to this site on
Assessor's Parcel # 125-19-301-012 prior to constructing improvements on the BLM parcel.
Civil Plans may be approved without the grant being authorized; however no construction on
Assessors Parcel 125-19-301-012 may occur until the grant is authorized by BLM and
recorded by the Right-of-Way Section. The developer must submit the BLM application to the
City for review prior to submitting to BLM for authorization. If the BLM Grant application is
submitted, but no activity has occurred toward obtaining the grant within one year of the
submittal of the BLM application, the City will make best efforts to contact the applicant and
request a project status report; however if a project status cannot be determined, the City may
withdraw the grant application. If the City withdraws the application, a brand new grant
application will be required when it is determined that efforts are being made toward obtaining
the grant.
8.
9.
The applicant must accept responsibility for all stipulations required by the Bureau of Land
Management (BLM) in the offer of the grant made to the City. The off-site improvement
agreement must include a section addressing the acceptance of the BLM grant stipulations
prior to the Citys acceptance of the BLM grant.
GK
TMP-58507 [PRJ-58401]
Conditions Page Three
June 9, 2015 - Planning Commission Meeting
10.
Public sewer mains shall be design so that they are typically 5 feet off the street centerlines.
Final design of the sewer infrastructure must meet the approval of the Sanitary Sewer Section
of the Department of Public Works.
11.
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.
12.
Submit an Encroachment Agreement for landscaping and private improvements in the Deer
Springs Way public right-of-way and and any other public streets 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 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).
13.
Meet with the Fire Protection Engineering Section of the Department of Fire Services to
discuss fire requirements for this Site Plan Prior to submittal of construction drawings for this
site.
14.
A Drainage Plan and Technical Drainage Study must be submitted to and approved by the
Department of Public Works prior to the issuance of any building or grading permits 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.
15.
The approval of all Public Works related improvements shown on this Tentative Map is in
concept only. Specific design and construction details relating to size, type and/or alignment
of improvements, including but not limited to street, sewer and drainage improvements, shall
be resolved prior to approval of the construction plans by the City. No additional deviations
from adopted City Standards shall be allowed unless specific written approval for such is
received from the City Engineer prior to the recordation of a Final Map or the approval of
subdivision-related construction plans, whichever may occur first. Approval of this Tentative
Map does not constitute approval of any deviations. If such approval cannot be obtained, a
revised Tentative Map must be submitted showing elimination of such deviations.
GK
TMP-58507 [PRJ-58401]
Staff Report Page One
June 9, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The requested Tentative Map for Bristle Heights consists of a proposed 58-lot single-family
residential subdivision on 10.42 acres located adjacent to the south side of Deer Springs Way,
approximately 285 feet east of Hualapai Way. On 04/14/15, the Planning Commission approved
a Rezoning (ZON-58154) from PD (Planned Development) to R-CL (Single Family CompactLot) to conform to the previously approved ML (Medium Low Density Residential) land use
designation. The proposed 58-lot single-family residential subdivision adheres to the minimum
requirements for the R-CL zoning designation. There is a vehicular connection to the
neighboring subdivision to the east. Additionally, the subdivision includes 47-foot wide public
streets with five-foot sidewalks on both sides of the street and a three-foot private amenity zone
on each lot frontage for tree plantings. As the proposed map conforms to Nevada Revised
Statutes and Title 19 requirements, staff recommends approval, with conditions.
ISSUES
x
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a Petition to Annex (ANX-12215) 207.83 acres
generally located north of Centennial Parkway between Shaumber Road and
02/07/07
Fort Apache Road. The Planning Commission and staff recommended
approval. The annexation became effective 02/16/07.
The City Council approved a General Plan Amendment (GPA-20465) from R
(Rural Density Residential) to PCD (Planned Community Development) on
06/06/07
23.30 acres south of Deer Springs Way, east of Hualapai Way. The Planning
Commission and staff recommended denial.
The City Council approved a Rezoning (ZON-25758) from U (Undeveloped)
[PCD (Planned Community Development) General Plan designation] to PD
(Planned Development) on 23.62 acres south of Deer Springs Way, east of
04/16/08
Hualapai Way, which included the Providence Square Master Development
Plan and Design Standards. The Planning Commission recommended
approval; staff recommended denial.
GK
TMP-58507 [PRJ-58401]
Staff Report Page Two
June 9, 2015 - Planning Commission Meeting
GK
TMP-58507 [PRJ-58401]
Staff Report Page Three
June 9, 2015 - Planning Commission Meeting
Pre-Application Meeting
Staff met with the applicant and reviewed the options available to develop a
58-lot single-family residential development at this location. The submittal
03/18/15
requirements for a Tentative Map were discussed. Also, it was determined
that either a Variance or Administrative Deviation would be required for the
connectivity ratio of 1.28 where 1.30 is required.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
04/02/15
The site is undeveloped and contains rocky soil and desert vegetation.
GK
TMP-58507 [PRJ-58401]
Staff Report Page Four
June 9, 2015 - Planning Commission Meeting
Surrounding
Property
Subject Property
Undeveloped
North
Undeveloped
South
Undeveloped
East
Single-Family
Residential
West
Undeveloped
Planned or Special
Land Use Designation
ML (Medium Low
Density Residential)
RNP (Rural
Neighborhood
Preservation)
R (Rural Density
Residential)
ML (Medium Low
Density Residential)
PCD (Planned
Community
Development)
Compliance
N/A
Compliance
N/A
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to Title 19.06, the following standards apply:
Standard
Required/Allowed
Min. Lot Size
3,000 SF
Min. Lot Width
35 Feet
Min. Distance Between Intersections
125 Feet
Provided
5,000 SF
50 Feet
125 Feet
Compliance
Y
Y
Y
GK
TMP-58507 [PRJ-58401]
Staff Report Page Five
June 9, 2015 - Planning Commission Meeting
Standard
Min. Setbacks
x Front (to dwelling)
x Front (to garage face)
x Side
x Corner
x Rear
Required/Allowed
Provided
Compliance
14 Feet
18 Feet
10 Feet (Combined)
10 Feet
10 Feet
14 Feet
18 Feet
10 Feet (Combined)
10 Feet
10 Feet
Y
Y
Y
Y
Y
Street Name
Functional
Classification of
Street(s)
Major Collector
Compliance
Y
Y
Y
Y
Y
Y
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
30
19.04.040 Connectivity
Transportation Network Element
# Links
# Nodes
Internal Street
9
Intersection Internal
7
Cul-de-sac Terminus
Intersection External Street or Stub Terminus
Intersection Stub Terminus w/ Temporary Turn Around
Easements
Non-Vehicular Path - Unrestricted
Total
9
7
Required
Provided
Connectivity Ratio (Links / Nodes):
1.30
1.2857*
*Staff is reviewing an Administrative Deviation (DVN-58510) to allow a connectivity ratio of
1.28 where 1.30 is the minimum required.
GK
TMP-58507 [PRJ-58401]
Staff Report Page Six
June 9, 2015 - Planning Commission Meeting
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Single Family,
2 Spaces
58
116
Detached
per Unit
116
116
Y
TOTAL SPACES REQUIRED
116
N/A
116
N/A
Y
Regular and Handicap Spaces Required
ANALYSIS
The subject site is a 10.42-acre undeveloped lot located at the south side of Deer Springs Way,
approximately 285 feet east of Hualapai Way. In March of 2015, the City Council approved a
General Plan Amendment (GPA-57033) to remove the subject site from the approved Providence
Square Master Plan and change the land use designation to ML (Medium Low Density
Residential). On 04/14/15, the Planning Commission approved a Rezoning (ZON-58154) from
PD (Planned Development) to R-CL (Single Family Compact-Lot) to conform to the previously
approved ML (Medium Low Density Residential) land use designation and continue to prepare
the site for future single-family residential development.
The applicant is currently requesting a Tentative Map for a 58-lot single-family subdivision to
cover the 10.42-acre site. The previously approved General Plan Amendment (GPA-57033)
changed the land use designation from PCD (Planned Community Development) to ML
(Medium Low Density Residential) and allows the site to accommodate up to 8.49 dwelling units
per acre. As proposed, the subject site would have a density of 5.8 dwelling units per acre, which
complies with the maximum density limitations.
The proposed lots take access from Deer Springs Way. As an 80-foot wide Major Collector, Title
19.04 requires Deer Springs Way to be constructed to Complete Streets Standards. These
standards include provisions of five-foot sidewalks and three-foot amenity zones within the
right-of-way, with shade trees to be spaced a maximum of 40 feet on center within the planter
area. The submitted landscape plan, date stamped 03/26/15, illustrates compliance with the
minimum requirements of Title 19.04.190 with a three-foot wide amenity zone and 36-inch box
Rio Grande Ash or 24-inch box Holly Oak every 40 feet on center. In addition, perimeter
landscaping is required outside of the right-of-way along Deer Springs Way, consisting of a sixfoot buffer area with deciduous, evergreen or palm trees spaced a maximum of 40 feet on center.
The submitted landscape plan illustrates compliance with a six-foot wide buffer area and 24-inch
box Texas Mountain Laurel or Holly Oak trees every 40 feet on center.
GK
TMP-58507 [PRJ-58401]
Staff Report Page Seven
June 9, 2015 - Planning Commission Meeting
Direct access to the residential lots will be provided via 47-foot wide public streets with five-foot
wide sidewalks located on either side of the street. As proposed, the 47-foot wide public streets
are to be constructed to Complete Street Standards. The submitted tentative map and landscape
plan illustrate three-foot wide amenity zones with shade trees spaced 25 feet on center, which
adhere to the minimum requirements outlined by Title 19.04.210. Adjacent to the east of the
subject site is a single-family residential subdivision, in which the applicant is proposing a
connection. According to the submitted tentative map, Inyo Avenue, which is a 47-foot wide
public street, provides interconnectivity between the two single-family residential subdivisions.
The lot sizes of the development range from 5,000 square feet up to 9,149 square feet.
According to the submitted Tentative Map, the proposed home models adhere to the minimum
setback requirements for the R-CL (Single Family Compact-Lot) zoning designation as outlined
by Title 19.06. The floor plans of the individual model types were not submitted as a part of this
review. A detailed review of the floor plans will occur during the plan check and permitting
process.
The connectivity ratio of 1.28 is below the standard of 1.30, as outlined by Title 19.04.040.
Connectivity is a measure of how efficiently a transportation network provides access between
internal and external destinations. A well-connected street system has minimal dead-ends (culde-sacs). As connectivity increases, travel distances decrease and route options increase,
allowing more direct travel between destinations. A higher connectivity ratio creates a
transportation system that is more accessible, especially for pedestrians and bicyclists. A
Variance is normally required to deviate from the 1.30 minimum requirement; however, Title
19.04.040(B)(2)(a) allows the connectivity ratio to be reduced through the submittal of an
Administrative Deviation application, with the advisement of the Director of Public Works. The
Department of Public Works supports the Administrative Deviation, as the subject site is
extremely limited on connectivity options. Located to the south of the subject site is the 215
Beltway with a substantial grade differential creating a gap between any potential connections to
the Beltway Trail. Adjacent to the east is a single-family residential subdivision, in which the
applicant is proposing a connection.
The submitted north/south and east/west cross sections depict a grade ranging from 3% to 4.7%
across this site. Per the Tables in Subdivision Code 19.06.050, a development with slope more
than 2% is allowed a maximum six-foot retaining wall. The combination of perimeter walls and
retaining walls cannot exceed 12 feet. The submitted cross section, date stamped 03/24/15,
depicts a maximum retaining wall height of four feet, six inches, which is in compliance with
Title 19.06.
FINDINGS (TMP-58507)
As the designed tentative map conforms to Nevada Revised Statutes for subdivision of land and
Title 19.06 requirements for R-CL (Single Family Compact-Lot) development, staff recommends
approval, with conditions.
GK
TMP-58507 [PRJ-58401]
Staff Report Page Eight
June 9, 2015 - Planning Commission Meeting
NOTICES MAILED
N/A
APPROVALS
PROTESTS
36
GK
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Discussion
SUBJECT:
EOT-59115 - EXTENSION OF TIME - VARIANCE - APPLICANT: CONCRETE
SOLUTIONS - OWNER: JAIME LOPEZ AND REFUGIO ESPINOZA LOPEZ - For possible
action on a request for an Extension of Time of an approved a Variance (VAR-48827) TO
ALLOW A 14-FOOT SIDE YARD SETBACK WHERE 50 FEET IS REQUIRED ADJACENT
TO RESIDENTIAL DISTRICTS on 0.61 acres at 4515 Balsam Street (APN 138-03-602-007),
M (Industrial) Zone, Ward 4 (Anthony) [PRJ-58590]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - EOT-59115, EOT-59116 and EOT-59059 [PRJ-58590]
2. Conditions and Staff Report - EOT-59115, EOT-59116 and EOT-59059 [PRJ-58590]
3. Supporting Documentation - EOT-59115, EOT-59116 and EOT-59059 [PRJ-58590]
4. Photo(s) - EOT-59115, EOT-59116 and EOT-59059 [PRJ-58590]
5. Justification Letter - EOT-59115, EOT-59116 and EOT-59059 [PRJ-58590]
3. Action Letter for VAR-48827
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
EOT-59115
EOT-59116
EOT-59059
RECOMMENDATION
Staff recommends APPROVAL, subject to conditions:
REQUIRED FOR
APPROVAL
N/A
** CONDITIONS **
EOT-59115 CONDITIONS
Planning
1.
This Variance (VAR-48827) shall expire on June 11, 2016 unless another Extension of Time
is approved by the City Council.
2.
Conformance to the conditions of approval of the Variance (VAR-48827) and all other site
related actions as required by the Department of Planning and Department of Public Works.
EOT-59116 CONDITIONS
Planning
1.
This Variance (VAR-48828) shall expire on June 11, 2016 unless another Extension of Time
is approved by the City Council.
2.
Conformance to the conditions of approval of the Variance (VAR-48828) and all other site
related actions as required by the Department of Planning and Department of Public Works.
JG
EOT-59059 CONDITIONS
Planning
1.
This Site Development Plan Review (SDR-48826) shall expire on June 11, 2016 unless
another Extension of Time is approved by the City Council.
2.
All signage shall be permitted and meet minimum code requirements within 30 days of final
approval.
3.
Conformance to the conditions of approval of the Site Development Plan Review (SDR48826) and all other site related actions as required by the Department of Planning and
Department of Public Works.
JG
** STAFF REPORT **
PROJECT DESCRIPTION
The subject site is currently a Contractors Plant, Shop and Storage Yard with a previously
approved Variance (VAR-48827), Variance (VAR-48828) and Site Development Plan Review
(SDR-48826) for the conversion of an existing 2,784 square-foot single family residence to a
Contractor's Plant, Shop and Storage Yard office with Waivers of perimeter landscape buffer
standards to allow zero feet on the north property line and two feet on the south property line
where eight feet is required; and to allow zero feet on the east property line where 15 feet is
required. There are two associated Variances first to allow a 14-foot side yard setback, where
50 feet is required adjacent to residential districts and secondly to allow no wall on the north
property line where a six-foot screen wall is required adjacent to residential property, to allow
outdoor storage within setback and landscape buffer areas, and to allow an existing seven-foot
chain link fence with mesh screening where a solid structure or wall of eight feet is required on
0.61 acres at 4515 Balsam Street. Plans have been processed, but no building permits have been
issued for the conversion. Though there have been changes in development in the surrounding
area, with the approval of a Private School, Primary to the east; staff is recommending approval
with a one-year time limit.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved an Annexation (ANX-23639) for a petition to
Annex property at 4515 Balsam Street, containing approximately 0.61 acres.
The Planning Commission and the Department of Planning staff
12/19/07
recommended approval of the request. The effective date of the Annexation
was 12/28/07.
A Code Enforcement case (#62799) was processed for a business being run
out of an existing residence at 4515 Balsam Street. The case was resolved on
02/27/08
09/04/08.
The City Council approved a General Plan Amendment (GPA-28388) from O
(Office) to LI/R (Light Industry/Research) on this site as part of a larger
request. The Planning Commission recommended approval and the
Department of Planning staff recommended denial.
08/20/08
The City Council approved a Rezoning (ZON-28389) from R-E (Residence
Estates) to M (Industrial) on this site as part of a larger request. The Planning
Commission recommended approval and the Department of Planning staff
recommended denial.
JG
JG
JG
Pre-Application Meeting
A pre-application meeting was not required, nor was one held.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
04/28/15
Staff conducted a field check of the subject site and found a Contractors
Plant, Shop and Storage Yard with no completed half-street improvements,
multiple vehicles and trailers in front of the building and an unpermitted sign
for auto sales.
Surrounding
Property
Subject Property
North
Planned or Special
Land Use Designation
LI/R (Light
Industry/Research)
M (Industrial)
Single Family
Residential
OP (Office Professional
Clark County)
JG
Surrounding
Property
South
East
West
Planned or Special
Land Use Designation
LI/R (Light
Industry/Research)
M (Industrial)
LI/R (Light
Industry/Research)
ROW (Right-of-Way)
ROW (Right-of-Way)
Compliance
N/A
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
ANALYSIS
This is the first request for an Extension of Time of two previously approved Variances (VAR48827 and VAR-48828) and a Site Development Plan Review (SDR-48826) for the conversion
of an existing 2,784 square-foot single family residence to a Contractor's Plant, Shop and Storage
Yard office with Waivers of perimeter landscape buffer standards to allow zero feet on the north
property line and two feet on the south property line where eight feet is required; and to allow
zero feet on the east property line where 15 feet is required. The associated Variances are to
allow a 14-foot side yard setback, where 50 feet is required adjacent to residential districts and
secondly to allow no wall on the north property line where a six-foot screen wall is required
adjacent to residential property, to allow outdoor storage within setback and landscape buffer
areas, and to allow an existing seven-foot chain link fence with mesh screening where a solid
structure or wall of eight feet is required on 0.61 acres at 4515 Balsam Street. Plans have been
processed, but no permits have been issued for the proposed conversion.
Title 19.16.100 and Title 19.16.140 deems a Site Development Plan Review and Variance
exercised upon the issuance of a building permit for the principal structure on site.
JG
FINDINGS
The Site Development Plan Review and Variance have not been exercised in accordance with the
requirements of Title 19.16.100 and Title 19.16.140 as a building permit has not been issued for
the proposed conversion. The applicant is requesting an Extension of Time, as the approved
entitlements would expire prior to the issuance of building permits and has requested a new
Variance and Review of Condition to remove specific conditions they deem cost prohibitive to
complete the project. As this is the first request for an Extension of Time and the applicant is
making progress on the development, staff recommends approval of Extensions of Time for the
Variances (VAR-48827 and VAR-48828) and Site Development Plan Review (SDR-48826) with
conditions.
NOTICES MAILED
N/A
APPROVALS
PROTESTS
26
JG
EOT-59115
EOT-59115
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EOT-59115 [PRJ-58590] - EXTENSION OF TIME RELATED TO EOT-59116 AND EOT-59059 APPLICANT: CONCRETE SOLUTIONS - OWNER: JAIME LOPEZ AND REFUGIO ESPINOZA LOPEZ
4515 BALSAM STREET
04/28/15
EOT-59115 [PRJ-58590] - EXTENSION OF TIME RELATED TO EOT-59116 AND EOT-59059 APPLICANT: CONCRETE SOLUTIONS - OWNER: JAIME LOPEZ AND REFUGIO ESPINOZA LOPEZ
4515 BALSAM STREET
04/28/15
EOT-59115 [PRJ-58590] - EXTENSION OF TIME RELATED TO EOT-59116 AND EOT-59059 APPLICANT: CONCRETE SOLUTIONS - OWNER: JAIME LOPEZ AND REFUGIO ESPINOZA LOPEZ
4515 BALSAM STREET
04/28/15
EOT-59115
EOT-59115
Discussion
SUBJECT:
EOT-59116 - EXTENSION OF TIME RELATED TO EOT-59115 - VARIANCE APPLICANT: CONCRETE SOLUTIONS - OWNER: JAIME LOPEZ AND REFUGIO
ESPINOZA LOPEZ - For possible action on a request for an Extension of Time of an approved a
Variance (VAR-48828) TO ALLOW NO WALL ON THE NORTH PROPERTY LINE
WHERE A SIX-FOOT SCREEN WALL IS REQUIRED ADJACENT TO RESIDENTIAL
PROPERTY, TO ALLOW OUTDOOR STORAGE WITHIN SETBACK AND LANDSCAPE
BUFFER AREAS, AND TO ALLOW AN EXISTING SEVEN-FOOT CHAIN LINK FENCE
WITH MESH SCREENING WHERE A SOLID STRUCTURE OR WALL OF EIGHT FEET IS
REQUIRED on 0.61 acres at 4515 Balsam Street (APN 138-03-602-007), M (Industrial) Zone,
Ward 4 (Anthony) [PRJ-58590]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Action Letter for VAR-48828
EOT-59116
EOT-59116
EOT-59116
EOT-59116
Discussion
SUBJECT:
EOT-59059 - EXTENSION OF TIME RELATED TO EOT-59115 AND EOT-59116 - SITE
DEVELOPMENT PLAN REVIEW - APPLICANT: CONCRETE SOLUTIONS - OWNER:
JAIME LOPEZ AND REFUGIO ESPINOZA LOPEZ - For possible action on a request for an
Extension of Time of an approved Site Development Plan Review (SDR-48826) FOR THE
CONVERSION OF AN EXISTING 2,784 SQUARE-FOOT SINGLE FAMILY RESIDENCE
TO A CONTRACTOR''S PLANT, SHOP AND STORAGE YARD OFFICE WITH WAIVERS
OF PERIMETER LANDSCAPE BUFFER STANDARDS TO ALLOW ZERO FEET ON THE
NORTH PROPERTY LINE AND TWO FEET ON THE SOUTH PROPERTY LINE WHERE
EIGHT FEET IS REQUIRED; AND TO ALLOW ZERO FEET ON THE EAST PROPERTY
LINE WHERE 15 FEET IS REQUIRED on 0.61 acres at 4515 Balsam Street (APN 138-03-602007), M (Industrial) Zone, Ward 4 (Anthony) [PRJ-58590]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Action Letter for SDR-48826
EOT-59059
EOT-59059
EOT-59059
EOT-59059
EOT-59059
Discussion
SUBJECT:
ABEYANCE - ZON-58533 - REZONING - PUBLIC HEARING - APPLICANT: PRECEDENT
PROPERTIES, LLC - OWNER: MARK EVERETT THROWER - For possible action on a
request for a Rezoning FROM: R-E (RESIDENCE ESTATES) TO: R-1 (SINGLE FAMILY
RESIDENTIAL) on 2.03 acres at the northwest corner of Deer Springs Way and Thom
Boulevard (APN 125-24-602-017), Ward 6 (Ross) [PRJ-58384].
Staff recommends
APPROVAL.
C.C.: 7/15/2015
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Condition Confirmation Letter and Protest/Support Postcards
ZON-58533 [PRJ-58384]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
ZON-58533
RECOMMENDATION
REQUIRED FOR
APPROVAL
YK
ZON-58533 [PRJ-58384]
Staff Report Page One
June 9, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting a Rezoning application to change the zoning district from R-E
(Residence Estates) to R-1 (Single Family Residential) on 2.03 acres of land located on the
northwest corner of Deer Springs Way and Thom Boulevard. Staff recommends approval of the
request as the density of the proposal is compatible with the existing residential developments
surrounding the site. If denied, the parcel would remain unchanged and only residential
development that meets the current R-E (Residence Estates) zoning district standards could be
development on the site.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved at Annexation (A-0003-64) request of
approximately 10,365 acres generally located north of Lone Mountain Road
05/14/64
and west of Decatur Boulevard with the effective date of 05/18/64. This site
was part of that request.
Pre-Application Meeting
Staff met with the applicant and reviewed the request to rezone property
located on the northwest corner of Thom Boulevard and Deer Springs Way.
03/17/15
The General Plan land use designation is ML (Medium Low Density
Residential), which allows the requested R-1 (Single Family Residential)
designation.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
YK
ZON-58533 [PRJ-58384]
Staff Report Page Two
June 9, 2015 - Planning Commission Meeting
Field Check
04/02/15
Staff visited the site and found an undeveloped parcel with a large for sale
sign. There were also two No Trespassing and No Dumping signs.
Surrounding
Property
Subject Property
North
South
East
West
Planned or Special
Land Use Designation
ML (Medium Low
Density Residential)
ML (Medium Low
Density Residential)
ML (Medium Low
Density Residential)
ML (Medium Low
Density Residential)
ML (Medium Low
Density Residential)
Compliance
N/A
Compliance
N
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
General Plan
ML (Medium Low Density
Residential)
Existing Zoning
R-E (Residence Estates)
Permitted Density
Units Allowed
17 Units
Permitted Density
2.17 Units per Acre
Units Allowed
4 Units
YK
ZON-58533 [PRJ-58384]
Staff Report Page Three
June 9, 2015 - Planning Commission Meeting
Proposed Zoning
R-1 (Single Family
Residential)
Street Name
Deer Springs Way
Permitted Density
Units Allowed
13 Units
Functional
Classification of
Street(s)
Secondary
Collector
Thom Boulevard
Local
Governing Document
Planned Streets and
Highways Map
Planned Streets and
Highways Map
Actual
Street Width
(Feet)
Compliance
with Street
Section
80
60
ANALYSIS
The subject request is to change the zoning designation of a 2.03 acre parcel of land located on
the northwest corner of Deer Springs Way and Thom Boulevard from R-E (Residence Estates) to
R-1 (Single Family Residential). This request is allowed under the ML (Medium Low Density
Residential) land use designation. Similar action was allowed directly to the east and south of
this proposal.
This proposal supports Objective 2.6 of the General Plan: To improve the amount and quality
of infill development on vacant and underutilized lands within established areas of the city.
The area adjacent to the site is all developed as single-family, detached properties and this
proposal would allow a similar development pattern. The parcel is also located within the 330foot buffer area of the Rural Preservation Overlay. This allows City Council, for good cause
shown, to approve a greater density or intensity of use than that which exists within the Overlay
District. In this case, the applicant is requesting a 33% greater density than what is found in the
nearby Rural Preservation Overlay. The good cause shown is the fact that all properties directly
adjacent to the Rural Preservation Overlay have also been zoned R-1 (Single Family Residential)
has outlined in the applicants justification letter. As a result of this fact, staff supports the
request.
FINDINGS (ZON-58533)
In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning
Commission or City Council must affirm the following:
YK
ZON-58533 [PRJ-58384]
Staff Report Page Four
June 9, 2015 - Planning Commission Meeting
1.
2.
The uses which would be allowed on the subject property by approving the rezoning
will be compatible with the surrounding land uses and zoning districts.
The detached single-family residential uses allowed on the subject property will
seamlessly blend with the existing single-family residences found on all four perimeters of
the property.
3.
Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
The density and size of the lots proposed for the property to be rezoned will resemble the
development pattern of surrounding properties. The proposed Rezoning is therefore
appropriate.
4.
Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed zoning district.
Access to the property is provided by Deer Springs Way, identified as an 80-foot Collector
Street on the Master Plan of Streets and Highways. This road is adequate to meet the
traffic demands of the proposed Rezoning. Access is also available via Thom Boulevard, a
60-foot Local Street.
NOTICES MAILED
216
APPROVALS
PROTESTS
24
YK
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ZON-58533 - REVISED
Discussion
SUBJECT:
VAR-59054 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: HEE SAM AND
JOHN DUDEK - For possible action on a request for a Variance TO ALLOW A FIVE-FOOT
SIDE AND REAR YARD SETBACK WHERE 10 FEET IS REQUIRED FOR A PROPOSED
ACCESSORY STRUCTURE (CLASS I) [CASITA] at 8485 Lake Tahoe View Court (APN 12505-610-009), R-PD2 (Residential Planned Development - 2 Units per Acre) Zone, Ward 6 (Ross)
[PRJ-58956]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-59054 and SUP-59052 [PRJ-58956]
2. Conditions and Staff Report - VAR-59054 and SUP-59052 [PRJ-58956]
3. Supporting Documentation - VAR-59054 and SUP-59052 [PRJ-58956]
4. Photo(s) - VAR-59054 and SUP-59052 [PRJ-58956]
5. Justification Letter - VAR-59054 and SUP-59052 [PRJ-58956]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-59054
SUP-59052
RECOMMENDATION
Staff recommends APPROVAL, subject to conditions:
Staff recommends APPROVAL, subject to conditions:
REQUIRED FOR
APPROVAL
VAR-59054
** CONDITIONS **
VAR-59054 CONDITIONS
Planning
1.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
2.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
3.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
4.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
JB
SUP-59052 CONDITIONS
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for an Accessory
Structure (Class I) use.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
4.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
5.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
JB
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Variance and Special Use Permit to allow a proposed 918 square-foot
guest house/casita to be located five feet from the side and rear property line where ten feet is
minimum required by Title 19.06.060. The subject site is located at 8485 Lake Tahoe View
Court, in an R-PD2 (Residential Planned Development 2 Units per Acre) zoning district. The
subject property is adjacent to a 40-foot wide public drainage easement to the west and a 15-foot
wide common element lot A, which is utilized as a landscape buffer from the Log Cabin Way
right-of-way to the south. No negative impacts to surrounding development are anticipated with
this proposal. Furthermore, the presence of the drainage easement and common element lot
represents unique evidence to warrant the requested Variance, therefore, Staff recommends
approval with conditions.
ISSUES
x
x
A Variance is required to allow an Accessory Structure (Class I) to be five feet from the side
and rear property line where ten feet is minimum required by Title 19.06.060.
A Special Use Permit is required to allow an Accessory Structure (Class I) that provides
living quarters including full kitchen facilities within the R-PD2 (Residential Planned
Development 2 Units per Acre) zoning district per Title 19.12.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a Rezoning (Z-0001-99) from R-E (Residence
Estates) to R-PD2 (Residential Planned Development 2 Units per Acre) on a
04/26/99
portion of this site. The Planning Commission recommended Denial.
The City Council approved a Rezoning (Z-0009-99) from R-E (Residence
05/24/99
Estates) to R-PD2 (Residential Planned Development 2 Units per Acre) on a
portion of this site. The Planning Commission recommended Approval.
The City Council approved a Second Extension of Time of approved
Rezoning applications [Z-0001-99(2) and Z-0009-99(2)] on this site. The
06/06/01
Planning Commission recommended Approval.
The City Council approved a request for a Site Development Plan Review
(SDR-1395) for a proposed 565-lot single-family residential development on
02/19/03
this site. The Planning Commission and staff recommended approval on
01/23/03.
JB
JB
Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the submittal
requirements for a Special Use Permit and Variance for a proposed Accessory
04/22/15
Structure (Class I) that is located five feet from the side and rear property line
where ten feet is minimum required is minimum required by Title 19.06.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
04/30/15
A field check was conducted on the subject property and revealed a well
maintained single-family residence.
Surrounding
Property
Subject Property
Single-Family,
Detached
North
Single-Family,
Detached
South
Single-Family,
Detached
Planned or Special
Land Use Designation
PCD (Planned
Community
Development)
PCD (Planned
Community
Development)
RA (Residential
Agricultural) Clark
County
JB
Surrounding
Property
East
Single-Family,
Detached
West
Single-Family,
Detached
Planned or Special
Land Use Designation
PCD (Planned
Community
Development)
RNP (Rural
Neighborhood
Preservation)
Compliance
N/A
Compliance
Y
Compliance
N/A
N/A
Y
Y
DEVELOPMENT STANDARDS
Pursuant to Title 19.06 and Site Development Plan Review (SDR-1395), the following
standards apply:
Standard
Required/Allowed Provided
Compliance
Min. Setbacks (Accessory Structure)
x Side
10 Feet
5 Feet
N
10 Feet
5 Feet
N
x Rear
Min. Distance from the principle dwelling
6 Feet
21 Feet
Y
Max. Building Height
One Story
One Story
Y*
*Per Site Development Plan Review (SDR-1395) the maximum building height within this
development is two-stories or 35 feet, whichever is less, except for the southernmost and
westernmost properties of phase six shall be limited to single story.
Street Name
Lake Tahoe View
Court
Functional
Classification of
Street(s)
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Local Street
40 Feet
JB
ANALYSIS
This application is a request for a Variance and Special Use Permit to allow a proposed 918
square-foot Accessory Structure (Class I) to be located five feet from the side and rear property
line where ten feet is minimum required by Title 19.06.060. The subject site is located at 8485
Lake Tahoe View Court, in an R-PD2 (Residential Planned Development 2 Units per Acre)
zoning district. In addition, the subject site is 0.62 acres which equates to approximately 27,007
square feet in area; which is equivalent to the R-E (Residence Estates) zoning development
standards outlined in Title 19.06.060.
An Accessory Structure (Class I) is described in Title 19.12 as: An accessory structure which is
located on the same residential parcel as a principal dwelling and which, as an ancillary use,
provide living quarters, including full kitchen facilities, for the occupants of the principal
dwelling or their tenants, domestic employees or temporary guests.
Minimum Special Use Permit Requirements:
* 1. The size of the lot or parcel must exceed 6500 square feet.
The subject site is 0.62 acres which equates to approximately 27,007 square feet in area, which
exceeds the 6,500 square-foot minimum parcel size.
2. Unless the principal dwelling is owner-occupied, a Class I accessory structure may not be
offered or occupied as a rental unit.
The applicant has indicated in the submitted justification letter that the structure will be utilized
as living space for an elderly family member and will not be occupied as a rental unit.
According to the submitted justification letter and floor plan, the proposed use meets the
definition outlined above. The submitted elevations and floor plan indicate that the proposed
one-story structure will be 13 feet in height measured to the mid-point of the rooftop eave and be
utilized as a guest house and casita with full kitchen facilities, which require the approval of a
Special Use Permit per Title 19.12. The accessory structure has been designed to aesthetically
match the principle dwelling with exterior stucco a tile roof to match the existing residence.
There is also an existing Accessory Structure (Class II) [Shed] on the subject site which is 192
square feet in size and is placed on a building pad approximately three feet away from the side
yard property line on the western perimeter of the subject site. Since the structure is less than 200
square feet in size the Building and Safety Department does not require the issuance of a
building permit for the structure. Older aerial photographs of the subject site indicate the
structure was erected in 2012, prior to the establishment of Ordinance #6229 on 12/19/12; which
amended the required setback for Accessory Structures from three feet to the side and rear
property line to 10 feet in the R-E (Residence Estates) zoning district. Staff has determined that
existing shed is a legal non-conforming building, which does not need a Variance to meet
setback requirements and is not part of this request.
JB
Accessory structures in this residential development must adhere to Title 19.06 Development
Standards, as the Site Development Plan Review (SDR-1395) conditions of approval omit
minimum setback requirements for accessory structures. Title 19.06.060 requires accessory
structures in the R-E (Residence Estates) zoning district to maintain a minimum distance
separation of ten feet from the side and rear property lines. However, the subject property is
adjacent to a 40-foot wide public drainage easement to the west and a 15-foot wide common
element lot A which is utilizes as a landscape buffer to the south. The presence of the drainage
easement and common element lot represents unique evidence to warrant the requested Variance,
therefore, Staff recommends approval with conditions.
FINDINGS (VAR-59054)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council,
in considering the merits of a Variance request, shall not grant a Variance in order to:
1.
2.
3.
FINDINGS (SUP-59052)
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:
JB
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 Accessory Structure (Class I) use is compatible with the surrounding land
uses and can be conducted in a manner that is harmonious with surrounding land uses.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The subject site is 0.62 acres which equates to approximately 27,007 square feet in area
and is physically suitable for the intensity of the proposed land use.
3.
Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
Access to the site will not change. Vehicles may enter the property from Lake Tahoe View
Court a 40-foot Local Street as classified by the Master Plan of Streets and Highways.
4.
Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
Approval of this Special Use Permit will not compromise the public health safety and
general welfare of the public. The use will be subject to regular inspections and is subject
to licensing restrictions.
5.
The use meets all of the applicable conditions per Title 19.12.
The proposed use meets all applicable conditions of approval for an Accessory
Structure (Class I) use per Title 19.12.
NOTICES MAILED
90
APPROVALS
PROTESTS
16
JB
VAR-59054
VAR-59054
VAR-59054
Discussion
SUBJECT:
SUP-59052 - SPECIAL USE PERMIT RELATED TO VAR-59054 - PUBLIC HEARING APPLICANT/OWNER: HEE SAM AND JOHN DUDEK - For possible action on a request for a
Special Use Permit FOR A PROPOSED 918 SQUARE-FOOT ACCESSORY STRUCTURE
(CLASS I) [CASITA] USE at 8485 Lake Tahoe View Court (APN 125-05-610-009), R-PD2
(Residential Planned Development - 2 Units per Acre) Zone, Ward 6 (Ross) [PRJ-58956]. Staff
recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
SUP-59052
SUP-59052
SUP-59052
Discussion
SUBJECT:
WVR-59161 - WAIVER - PUBLIC HEARING - APPLICANT: VERIZON WIRELESS OWNER: DOCGORM, LLC - For possible action on a request for a Waiver TO ALLOW A
ZERO-FOOT LANDSCAPING BUFFER ALONG A PORTION OF THE SOUTHERN
PROPERTY LINE WHERE SIX FEET IS THE MINIMUM REQUIRED on 0.91 acres at 5741
Sky Pointe Drive (APN 125-27-410-009), T-C (Town Center) Zone [SC-TC (Service
Commercial - Town Center) Special Land Use Designation], Ward 6 (Ross) [PRJ-58359]. Staff
recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - WVR-59161 and SUP-58661 [PRJ-58359]
2. Conditions and Staff Report - WVR-59161 and SUP-58661 [PRJ-58359]
3. Supporting Documentation - WVR-59161 and SUP-58661 [PRJ-58359]
4. Photo(s) - WVR-59161 and SUP-58661 [PRJ-58359]
5. Justification Letter - WVR-59161 and SUP-58661 [PRJ-58359]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
RECOMMENDATION
WVR-59161
SUP-58661
REQUIRED FOR
APPROVAL
WVR-59161
** CONDITIONS **
WVR-59161 CONDITIONS
Planning
1.
Conformance to the Conditions of Approval for Special Use Permit and Plot Plan Review
(U-0070-99) shall be required, if approved.
2.
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.
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.
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
SUP-58661 CONDITIONS
Planning
1.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
The communications monopalm and its associated equipment and facility shall be properly
maintained and kept free of graffiti at all times. Failure to perform the required
maintenance may result in fines and/or removal of the communications monopalm and its
associated equipment and facility.
4.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
5.
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.
JB
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit to establish a proposed 86-foot tall Wireless
Communication Facility, Stealth Design (Monopalm) at 5741 Sky Pointe Drive. According to the
Town Center Development Standards Manual, a new Wireless Communication Facility, Stealth
Design (Monopalm) requires a Special Use Permit in the SC-TC (Service Commercial Town
Center) Special Land Use designation. In addition, the applicant has also requested a Waiver to
allow a zero-foot landscaping buffer along a portion of the southern property line where six feet
is the minimum required as a result of the siting of the tower.
The subject site is located on a 0.74 acre portion of a 4.40 acre commercial subdivision, which is
currently developed as an Animal Hospital. The applicant has proposed to install the proposed
Wireless Communication Facility along the southern perimeter of the subject site adjacent to the
existing elevated entrance to US Highway 95. As this request can be conducted in a compatible
and harmonious manner within the existing commercial development, staff recommends
approval of this application. If denied, the applicant will not be allowed to conduct the Wireless
Communication Facility, Stealth Design (Monopalm) use at this location.
ISSUES
x
x
The proposed Wireless Communication Facility, Stealth Design (Monopalm) use is not
designed to be made part of another structure and is visually discernable, which requires the
approval of a Special Use Permit.
A Waiver is required to allow a zero-foot landscaping buffer along a portion of the southern
property line where six feet is the minimum required.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Board of City Commissioners approved a request to Annex (A-0003-64)
Circa 05/64
approximately 5,000 acres of property located north of Lone Mountain Road
and west of Decatur Boulevard.
The City Council approved a request for Reclassification of Property (Z0083-89) from N-U (Non-Urban) and C-2 (General Commercial) to R-3
(Limited Multiple Residence), R-PD6 (Residential Planned Development 6
Units per Acre), R-PD18 (Residential Planned Development 18 Units per
09/20/89
Acre) and C-1 (Limited Commercial) on property located on the southeast
corner of Rancho Drive and Tropical Parkway. The Planning Commission
recommended approval of the request on 08/22/89.
JB
JB
Pre-Application Meeting
A pre-application meeting was conducted with the applicant to go over the
03/16/15
application materials and submittal requirements for a Special Use Permit for
a proposed Wireless Communication Facility use.
JB
Neighborhood Meeting
A neighborhood meeting is not required, nor was one conducted.
Field Check
04/30/15
A routine field check was conducted by staff and found that required
landscaping materials (trees/shrubs) located in the landscaping buffer adjacent
to the US-95 Highway have been removed.
Surrounding
Property
Subject Property
North
South
US Highway 95
East
Undeveloped
West
US Highway 95
Planned or Special
Land Use Designation
[SC-TC (Service
Commercial Town
Center) Special Land
Use designation]
[SC-TC (Service
Commercial Town
Center) Special Land
Use designation]
ROW (Right-of-Way)
[SC-TC (Service
Commercial Town
Center) Special Land
Use designation]
ROW (Right-of-Way)
Compliance
Y
Compliance
Y
Compliance
Y
N/A
N/A
N/A
JB
DEVELOPMENT STANDARDS
Street Name
Sky Pointe Drive
Functional
Classification of
Street(s)
Frontage Street
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
70 Feet
Pursuant to Special Use Permit (U-0070-99), 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
Animal
7,411 SF
N/A *
17
21
Hospital
Wireless
Communicati
on Facility,
N/A
N/A
N/A
-2
Stealth Design
(Monopalm)
17
19
Y
TOTAL SPACES REQUIRED
16
1
19
2
Y
Regular and Handicap Spaces Required
The approved site plan date stamped 05/24/00 associated with Special Use Permit (U-0070-99)
required the subject site to provide a minimum of 17 parking spaces, including one handicapped
parking space. The site plan indicated that the proposed Animal Hospital would contain four
offices, seven exam rooms and six employees.
Waivers
Requirement
A six-foot landscaping buffer is
required along the portion of the
southern property adjacent to
the parking lot area.
Request
To allow a zero-foot
landscaping buffer
along a portion of the
southern property line
adjacent to the parking
area where six feet is
the minimum required
Staff Recommendation
Approval
JB
ANALYSIS
The applicant is proposing to construct a new 86-foot tall Wireless Communication Facility,
Stealth Design (Monopalm) on property located at 5741 Sky Pointe Drive. The subject site is
located within the Town Center [SC-TC (Service Commercial Town Center)] Special Land
Use designation, which refers to the Town Center Development Standards Manual for
permissible uses. According to the Town Center Development Standards Manual, a new
Wireless Communication Facility requires a Special Use Permit in the SC-TC (Service
Commercial Town Center land use district, if it is not made part of another structure.
According to the applicants justification letter, the new 86-foot tall Wireless Communication
Facility, Stealth Design (Monopalm) is necessary to enhance the cellular and internet coverage in
the community.
A Wireless Communication Facility, Stealth Design is described in Title 19.12 as A wireless
communication facility that is designed to blend into the surrounding environment. Examples
include without limitation: antenna tower alternative structures; roof mounted antennas (with
architectural screening when appropriate); building mounted antennas painted to match the
existing structure; antennas integrated into architectural elements (such as steeples or cupolas);
antennas and antenna structures designed to look like light poles, flagpoles, or any other
camouflaging techniques available on the market; and a cable microcell network which utilizes
multiple low powered transmitters/receivers or repeaters attached to existing wireline systems,
such as conventional cable or telephone wires, or similar technology that does not require the use
of towers.
JB
According to the submitted site plan the proposed Wireless Communication Facility will
screen all associated mechanical equipment with a proposed eight-foot block wall, which
conforms to all LVMC 19.08.040(H) requirements.
The subject site is a 0.74 portion of a 4.40 acre commercial subdivision, which is currently
developed with an Animal Hospital land use. The approved site plan date stamped 05/24/00
associated with Special Use Permit (U-0070-99) required the subject site to provide a minimum
of 17 parking spaces, including one handicapped parking space. The existing site design
exceeded the minimum parking requirement and provided 21 spaces on-site with two
handicapped parking spaces.
According to the submitted site plan, the proposed Wireless Communication Facility, Stealth
Design (Monopalm) development will be developed in two parking spaces located on the
southeast corner of the subject site and will encroach into the existing six-foot landscaping buffer
along the southern perimeter of the property; leaving 19 parking spaces including two
handicapped spaces which meets the minimum parking requirements. The applicant has also
requested a Waiver (WVR-59161) to allow a zero-foot landscaping buffer along a portion of the
southern property line where six feet is the minimum required. It has been determined that the
proposed Wireless Communication Facility use can be conducted in a manner that is compatible
and harmonious manner with the surrounding land uses, therefore, staff is recommending
approval, as the use is considered appropriate for the surrounding area.
FINDINGS (SUP-58661)
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 use is compatible with the surrounding land uses and can be conducted in a
manner that is harmonious with surrounding land uses. The proposed Wireless
Communication Facility will be located along the southern perimeter of the subject site
adjacent to the existing elevated entrance to US Highway 95, and will have minimal
negative impact to surrounding land uses.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The subject site is located within an existing commercial development that is physically
suitable for the intensity of the proposed land use.
JB
3.
Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
Access to the site will not change. Vehicles may enter the property from Sky Pointe Drive
a 70-foot Frontage Street as classified by the Master Plan of Streets and Highways.
4.
Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
Approval of this Special Use Permit will not compromise the public health safety and
general welfare of the public. The use will be subject to regular inspections and is subject
to licensing restrictions.
5.
The use meets all of the applicable conditions per Town Center Development
Standards Manual.
With the exception of the associated Waiver (WVR-59161) to allow a zero-foot
landscaping buffer along a portion of the southern property line where six feet is the
minimum required; the project meets the conditions of the Town Center Development
Standards Manual.
FINDINGS (WVR-59161)
As the proposed Waiver can be justified due to the existing landscaping buffer being located
adjacent to an existing elevated entrance to US Highway 95, which will have minimal negative
impact, staff recommends approval of the request with conditions.
NOTICES MAILED
387
APPROVALS
PROTESTS
32
JB
WVR-59161
WVR-59161
WVR-59161 [PRJ-58359] - WAIVER RELATED TO SUP-58661 -APPLICANT: VERIZON WIRELESS OWNER: DOCGORM, LLC
5741 SKY POINTE DRIVE
04/30/15
WVR-59161 [PRJ-58359] - WAIVER RELATED TO SUP-58661 -APPLICANT: VERIZON WIRELESS OWNER: DOCGORM, LLC
5741 SKY POINTE DRIVE
04/30/15
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Discussion
SUBJECT:
SUP-58661 - SPECIAL USE PERMIT RELATED TO WVR-59161 - PUBLIC HEARING APPLICANT: VERIZON WIRELESS - OWNER: DOCGORM, LLC - For possible action on a
request for a Special Use Permit TO INSTALL A NEW 86-FOOT TALL WIRELESS
COMMUNICATION FACILITY, STEALTH DESIGN (MONOPALM) at 5741 Sky Pointe
Drive (APN 125-27-410-009), T-C (Town Center) Zone [SC-TC (Service Commercial - Town
Center) Special Land Use Designation], Ward 6 (Ross) [PRJ-58359]. Staff recommends
APPROVAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Special Map
3. Supporting Documentation
SUP-58661
SUP-58661
Discussion
SUBJECT:
SUP-58904 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: BRYZ GUYZ,
INC. - OWNER: DECATUR 215, LLC - For possible action on a request for a Special Use
Permit FOR A PROPOSED BEER/WINE/COOLER ON-SALE ESTABLISHMENT WITHIN
A PROPOSED 3,039 SQUARE-FOOT RESTAURANT WITH 503 SQUARE FEET OF
OUTDOOR SEATING AREA at 6211 North Decatur Boulevard, Suite #120 (APN 125-25-614002), C-1 (Limited Commercial) Zone, Ward 6 (Ross) [PRJ-58639]. Staff recommends
APPROVAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Support Postcards
SUP-58904 (PRJ-58639)
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-58904
RECOMMENDATION
REQUIRED FOR
APPROVAL
** CONDITIONS **
SUP-58904 CONDITIONS
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Beer/Wine/Cooler
On-Sale use.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
No alcohol beverage activity is authorized in the patio area without a barrier approved by
Business License staff.
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.
YK
SUP-58904 (PRJ-58639)
Conditions Page Two
June 9, 2015 - Planning Commission Meeting
7.
Approval of this Special Use Permit does not constitute approval of a liquor license.
8.
This business shall operate in conformance to Chapter 6.50 of the City of Las Vegas
Municipal Code.
9.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
YK
SUP-58904 (PRJ-58639)
Staff Report Page One
June 9, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This application is a request for a Special Use Permit to add a Beer/Wine/Cooler On-Sale
Establishment to a proposed restaurant located at 6211 North Decatur Boulevard, Suite #120.
The subject site is in an existing shopping center, which provides cross-access and shared
parking throughout the entire commercial center. The proposed use would be incorporated within
a proposed 3,039 square-foot restaurant and the adjoining 503 square-foot outdoor dining area,
bringing the total square-footage of the proposed Beer/Wine/Cooler On-Sale Establishment use
to 3,542 square feet. The proposed use meets all Title 19.12 requirements and is compatible with
the other restaurant, retail and office uses located within the existing shopping center. Staff
recommends approval of the requested Special Use Permit, with conditions. If denied, no alcohol
may be served on the premises.
ISSUES
x
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a General Plan Amendment (GPA-0008-01) from
M (Medium Density Residential) to SC (Service Commercial) and a Rezoning
(Z-0018-01) from a Resolution of Intent to R-PD15 (Residential Planned
06/06/01
Development - 15 Units per Acre) to C-1 (Limited Commercial) on this site.
The Planning Commission and staff recommended approval of both items.
The City Council approved a Site Development Plan Review [(Z-0018-01(1),
Z-0109-97(1), Z-0110-97(2)] which allowed a proposed 262,640 square-foot
07/05/01
retail commercial development, which included this parcel. The Planning
Commission and staff recommended approval.
The City Council granted Two-Year Extensions of Time (EOT-2504 and
EOT-2502) of an approved Rezoning (Z-0018-01) to C-1 (Limited
07/24/03
Commercial) and a Site Development Plan Review [(Z-0018-01(1), Z-010997(1), Z-0110-97(2)] for a proposed commercial development on this site.
The Planning Commission and staff recommended approval.
YK
SUP-58904 (PRJ-58639)
Staff Report Page Two
June 9, 2015 - Planning Commission Meeting
SUP-58904 (PRJ-58639)
Staff Report Page Three
June 9, 2015 - Planning Commission Meeting
Pre-Application Meeting
Staff met with the applicant and reviewed the requirements for a
04/01/15
Beer/Wine/Cooler On-Sale use in conjunction with a restaurant at 6171 North
Decatur Boulevard, Suite #120.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Surrounding
Property
Subject Property
North
Planned or Special
Land Use Designation
SC (Service
Commercial)
Right-of-Way: CC-215
YK
SUP-58904 (PRJ-58639)
Staff Report Page Four
June 9, 2015 - Planning Commission Meeting
Surrounding
Property
South
East
West
Planned or Special
Land Use Designation
Single-Family,
Detached
ML (Medium Low
Density Residential)
Undeveloped
Single-Family,
Detached
Compliance
N/A
Compliance
N/A
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Street Name
Decatur Boulevard
Tropical Parkway
Functional
Classification of
Street(s)
Primary Arterial
Secondary
Collector
Governing Document
Master Plan of Streets
and Highways
Master Plan of Streets
and Highways
Actual
Street Width
(Feet)
100
Compliance
with Street
Section
Y
80
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Shopping
458,053 SF
1:250 SF
1,833
Center
YK
SUP-58904 (PRJ-58639)
Staff Report Page Five
June 9, 2015 - Planning Commission Meeting
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
1,833
2,520
Y
TOTAL SPACES REQUIRED
1,804
29
2,476
44
Y
Regular and Handicap Spaces Required
3:50,000
SF +
Loading
11 On-Site
11 On-Site
458,053 SF
Y
1:50,000
Spaces
Loading Spaces
Loading Spaces
SF
ANALYSIS
The Beer/Wine/Cooler On-Sale Establishment use is defined by Title 19.12 as an establishment
whose license to sell alcoholic beverages is limited to the sale of beer, wine and coolers only for
consumption on the premises where the same is sold. The proposed use meets the definition
above, as the provided floor plan and justification letter detail the sale of beer, wine and coolers
in conjunction with a restaurant to be consumed on the premises only.
The Minimum Special Use Permit Requirements for this use include:
1. Except as otherwise provided, no beer/wine/cooler on-sale establishment (hereinafter
establishment) shall be located within 400 feet of any church/house of worship, school,
individual care center licensed for more than 12 children, or City park.
The proposed use meets this requirement, as there are no protected uses within 400 feet
of the subject property.
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
YK
SUP-58904 (PRJ-58639)
Staff Report Page Six
June 9, 2015 - Planning Commission Meeting
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.
This does not apply to this project.
3. In the case of an establishment proposed to be located on a parcel of at least 80 acres in
size, the minimum distances referred to in Requirement 1 shall be measured in a straight
line:
a. From the nearest property line of the existing use to the nearest portion of the
structure in which the establishment will be located, without regard to intervening
obstacles; or
b. In the case of a proposed establishment which will be located within a shopping
center or other multiple tenant structure, from the nearest property line of the
existing use to the nearest property line of a leasehold or occupancy parcel in
which the establishment will be located, without regard to intervening obstacles.
This requirement does not apply to the proposed use, as the parcel on which it is
proposed is less than 80 acres in size.
4. When considering a Special Use Permit application for an establishment which also
requires a waiver of the distance limitation in Requirement 1, the Planning Commission
shall take into consideration the distance policy and shall, as part of its recommendation
to the City Council, state whether the distance requirement should be waived and the
reasons in support of the decision.
This requirement does not apply to the proposed use, as no distance separation waiver is
necessary.
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.
YK
SUP-58904 (PRJ-58639)
Staff Report Page Seven
June 9, 2015 - Planning Commission Meeting
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 location for the Beer/Wine/Cooler On-Sale Establishment is compatible
with the surrounding land uses. No waiver of minimum distance separation requirements
from protected uses is required.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The proposed use will operate within a proposed 3,039 square-foot restaurant with
associated 503 square-foot outdoor dining area within an existing shopping center. The site
is appropriate for the proposed use.
YK
SUP-58904 (PRJ-58639)
Staff Report Page Eight
June 9, 2015 - 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.
The primary access to the site is from Decatur Boulevard, a 100-foot wide Primary Arterial
as designated on the Master Plan of Streets and Highways map. Secondary access is from
Tropical Parkway, an 80-foot wide Secondary Collector street. The proposed use will be in
addition to a proposed restaurant and will have negligible increase in traffic and parking to
the site.
4.
Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
The proposed Beer/Wine/Cooler On-Sale Establishment will be subject to regular
inspections by regulatory agencies for business licensing, and will therefore, not
compromise the public health, safety and general welfare, or the overall objectives of
the General Plan.
5.
The use meets all of the applicable conditions per Title 19.12.
The proposed Beer/Wine/Cooler On-Sale Establishment meets all distance separation
requirements per Title 19.12. Conditions of approval ensure conformance with all other
minimum requirements for the use.
NOTICES MAILED
1093
APPROVALS
PROTESTS
26
YK
SUP-58904
SUP-58904
SUP-58904
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SUP-58904 [PRJ-58639] - SPECIAL USE PERMIT -APPLICANT: BRYZ GUYZ, INC. - OWNER: DECATUR
215, LLC
6211 NORTH DECATUR BOULEVARD, SUITE #120
04/30/15
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SUP-58904
Discussion
SUBJECT:
SUP-59041 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: GRIND
MODE 1, LLC - For possible action on a request for a Special Use Permit FOR A TRUCK
RENTAL USE at 2901 North Rancho Drive (APN 138-13-601-019), C-2 (General Commercial)
Zone, Ward 5 (Barlow) [PRJ-58919]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
SUP-59041 (PRJ-58919)
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-59041
RECOMMENDATION
Staff recommends APPROVAL, subject to conditions:
REQUIRED FOR
APPROVAL
N/A
** CONDITIONS **
SUP-59041 CONDITIONS
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Truck Rental use.
2.
All signage shall be permitted and meet minimum code requirements within 30 days of final
approval.
3.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
4.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and Safety
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted for
building permit, as well as submitted as part of any business license application.
6.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
MR
SUP-59041 (PRJ-58919)
Staff Report Page One
June 9, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting a Special Use Permit to add a Truck Rental use to the existing
convenience store, at 2901 North Rancho Drive. The Truck Rental use will operate at a counter
within the existing convenience store, and would be accessory to the retail use. Two new
parking spaces will be located in the rear of the property that will be dedicated for the rental
vehicles. The site is parking impaired; however, the applicant will provide the additional parking
spaces required per the original entitlement. The parcel is part of a commercial development and
shares access and parking throughout the site. The primary uses for the site will remain a
convenience store, a car wash and Auto Repair Garage, Minor. Staff recommends approval of
the Special Use Permit.
ISSUES
x The Truck Rental use is permitted in the C-2 (General Commercial) zoning district with
approval of a Special Use Permit.
x The site is parking impaired. An additional two parking spaces are needed to accommodate
the Truck Rental use.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved Special Use Permit and Plot Plan Review (U0128-96) request to for an Automated Car Wash and the Off-Premise Sale of
12/18/96
Beer and Wine in conjunction with a convenience store at 2951 North Rancho
Drive. The Planning Commission recommended approval.
The City Council approved an Extension of Time [U-0128-96 (2)] request for
Special Use Permit and Plot Plan Review [U-0128-96 (1)] to allow an
02/09/99
Automated Car Wash and the Off-Premise Sale of Beer and Wine in
conjunction with a convenience store at 2951 North Rancho Drive. The
Planning Commission and staff recommended approval.
The City Council approved an Extension of Time [U-0128-96 (1)] request for
Special Use Permit and Plot Plan Review (U-0128-96) for an Automated Car
02/23/98
Wash and the Off-Premise Sale of Beer and Wine in conjunction with a
convenience store at 2951 North Rancho Drive. The Planning Commission
and staff recommended approval.
A complaint (#102279) was filed with Code Enforcement for non-permitted
05/25/11
signage. The complaint was resolved on 06/11/11.
MR
SUP-59041 (PRJ-58919)
Staff Report Page Two
June 9, 2015 - Planning Commission Meeting
A site inspection was conducted on the property, which revealed the site had a
number of non-permitted signs and trash and debris throughout the site. A
complaint was filed with Code Enforcement on 05/05/15.
MR
SUP-59041 (PRJ-58919)
Staff Report Page Three
June 9, 2015 - Planning Commission Meeting
Surrounding
Property
Subject Property
Planned or Special
Land Use Designation
M (Medium Density
Residential)
C-2 (General
Commercial)
South
Multi-Family
Residential
Multi-Family
Residential
East
Airport, Heliport or
Landing Field
West
Multi-Family
Residential
M (Medium Density
Residential)
M (Medium Density
Residential)
C-2 (General
Commercial)
R-PD20 (Residential
Planned Development
20 Units per Acre)
R-PD14 (Residential
Planned Development
14 Units per Acre)
M-2 (Industrial General)
(City of North Las Vegas)
C-2 (General
Commercial)
Compliance
N/A
Compliance
Y
Compliance
N/A
N/A
N/A
Y
MR
SUP-59041 (PRJ-58919)
Staff Report Page Four
June 9, 2015 - Planning Commission Meeting
DEVELOPMENT STANDARDS
Pursuant to Title 19.08 and 19.12 and Special Use Permit (U-0128-96), 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
1:175
Store, Other
4,683 SF
27
GFA
Than Listed
1 Per
Rental
Vehicle
Truck Rental
N/A
2
plus
1:250
GFA
Car Wash,
Full Service
1:150
3,180 SF
22
or Auto
GFA
Detailing
5 plus
Auto Repair
1,738 SF
14
1:200
Garage, Minor
GFA
Open Air
Vending/
N/A
0
0
Transient
Sales Lot
Parking
N/A
-33*
impairment
32
32
Y
TOTAL SPACES REQUIRED
31
1
31
1
Y
Regular and Handicap Spaces Required
* The site is parking impaired as detailed in Title 19.18.030 (D). Per Special Use Permit (U0128-96) the parking requirement for the site is 30 parking spaces. The existing site contains 30
parking spaces, including one handicapped accessible space. The applicant is required to provide
two additional parking spaces for the Truck Rental use as, no additional floor space will be
dedicated for leasing of vehicles.
MR
SUP-59041 (PRJ-58919)
Staff Report Page Five
June 9, 2015 - Planning Commission Meeting
ANALYSIS
The Truck Rental use is defined by Title 19.18 as A facility for the rental of new or used trucks.
For purposes of the limitations of this Title on outside storage, trucks kept on a lot for rental
purposes are not considered to be outside storage.
The applicant meets this definition. Per the justification letter date stamped 05/06/15 and the site
plan date stamped 05/07/15, as the applicant intends to lease two U-Haul trucks.
There are no minimum Special Use Permit Requirements for Truck Rental use. The leasing of
vehicles will occur at the checkout counter of the existing convenience store. Two new parking
spaces will be created and located in the southwest corner of the parcel. The two parking spaces
will be dedicated for the Truck Rental use if approved. Per Plot Plan Review and Special Use
Permit U-0128-96 (1) the parking requirement for this site is 30 parking spaces. With the
additional Truck Rental use, 32 parking spaces are required and proposed to be provided.
The subject property is within 500 feet of the County of Clarks jurisdiction; therefore, this
request qualifies as a Project of Regional Significance. All the proper documents were
completed and distributed to the required departments and agencies; however, no comments
were returned.
As there are no minimum Special Use Permit Requirements for Truck Rental use and the use
complies with code requirements. The proposed parking location is screened from the public
right-of-way to the west and residential properties to the north and south, as such the Truck
Retail use can be conducted in a manner that is harmonious and compatible with existing
neighborhood and surrounding land uses. Staff recommends approval of this request.
FINDINGS (SUP-59041)
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 Truck Rental use is permitted in the C-2 (General Commercial) zoning
district with approval of a Special Use Permit; the adjacent land uses are an Auto Repair
Garage, Minor, Multi-Family Residential and the North Las Vegas Airport. The Truck
Rental use would be ancillary to the primary use of a convenience store. Rental sale will
occur at the existing checkout counter. A maximum of two vehicles would be available
for rental.
MR
SUP-59041 (PRJ-58919)
Staff Report Page Six
June 9, 2015 - Planning Commission Meeting
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The two-acre site is parking impaired, but the applicant has provided the required
additional parking for the Truck Rental use. The proposed truck rental use is appropriate
for this site and the surrounding area.
3.
Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
Site access is provided from Rancho Drive, a 125-foot Expressway, as classified by the
Master Plan of Streets and Highways, with sufficient size to accommodate the needs of the
proposed Truck Rental 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 Truck Rental use proposed for the site will be regulated through licensing, thereby
protecting the health, safety and general welfare of the public.
5.
The use meets all of the applicable conditions per Title 19.12.
The proposed use conforms to all minimum conditions for the Truck Rental use.
NOTICES MAILED
172
APPROVALS
PROTESTS
MR
SUP-59041
SUP-59041
SUP-59041 - REVISED
SUP-59041
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SUP-59041
Discussion
SUBJECT:
VAC-58900 - VACATION - PUBLIC HEARING - APPLICANT/OWNER: KAREN
LIVINGSTON, ET AL - For a possible action on a request for a Petition to Vacate a 20-foot
wide public drainage easement generally located at the northwest corner of Coke Street and
Maggie Avenue, Ward 6 (Ross). Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Support Postcard
VAC-58900
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAC-58900
RECOMMENDATION
Staff recommends APPROVAL, subject to conditions:
REQUIRED FOR
APPROVAL
N/A
** CONDITIONS **
VAC-58900 CONDITIONS
Planning
1.
The limits of this Petition of Vacation shall be a 20-foot wide portion of the Public Drainage
Easement granted by the recorded Final Map of Coke and Conough, Book 118, Page 40
generally located west of Grizzly Street.
2.
Prior to the recordation of the Order of Vacation, a revised plan showing the
retaining/property wall being relocated and the revised grading of all four of the lots to
accommodate the area of the vacation shall be approved by the Flood Control Section of the
Department of Public Works. The Order of Vacation shall not be recorded until after the
construction of the wall for all four properties is completed and all permits are issued a final
inspection as per the approved plan.
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.
All development shall be in conformance with code requirements and design standards of all
City Departments.
RG
VAC-58900
Conditions Page Two
June 9, 2015 - Planning Commission Meeting
5.
The Order of Vacation shall not be recorded until all of the conditions of approval have been
met provided, however, that conditions requiring modification of public improvements may
be fulfilled for purposes of recordation by providing sufficient security for the performance
thereof in accordance with the Subdivision Ordinance of the City of Las Vegas. City Staff is
empowered to modify this application if necessary because of technical concerns or because
of other related review actions as long as current City right-of-way requirements are still
complied with and the intent of the vacation application is not changed. If applicable, a five
foot wide easement for public streetlight and fire hydrant purposes shall be retained on all
vacation actions abutting public street corridors that will remain dedicated and available for
public use. Also, if applicable and where needed, public easement corridors and sight
visibility or other easements that would/should cross any right-of-way or easement being
vacated must be retained.
6.
If the Order of Vacation is not recorded within three (3) years 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.
RG
VAC-58900
Staff Report Page One
June 9, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The property owners of Lots 1 through 4 of the Coke and Conough Residential Subdivision are
requesting a petition to vacate the existing 20-foot wide Public Drainage Easement. The
recorded Final Map Book 118 Page 40 indicates the easement along the western boundary of the
residential subdivision, where Lots 1 through 4 exists.
ISSUES
x
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a Petition to Vacate (VAC-1177) a portion of the
southern 50 feet of Iron Mountain Road, generally located between Conough
02/05/03
Lane and Buffalo Drive, and a portion of the eastern 30 feet of Conough Lane
between Iron Mountain Road and Maggie Street. The Planning Commission
and staff recommended approval.
The Planning Commission approved a Tentative Map (TMP-1179) for a 19lot Single-Family Residential Development on 10.72 acres adjacent to the
02/27/03
southeast corner of Iron Mountain Road and Conough Lane. The Department
of Planning staff recommended approval.
The Final Map Technical Review (FMP-3349) was approved for a 19-lot
06/09/04
Single-Family Residential Development located to the southeast corner of
Iron Mountain Road and Conough Lane.
The City Council approved a Variance (VAR-3902) to allow 25-foot front
setbacks, where 30 feet is the minimum setback required and to allow 25-foot
06/16/04
rear setbacks, where 35 feet is the minimum setback required on 9.46 acres on
the northwest corner of Maggie Avenue and Coke Street. The Planning
Commission and staff recommended denial.
The City Council approved a Review of Condition (ROC-5319) number eight
(8) of an approved Tentative Map of Coke and Conough (TMP-1179) which
required off-site improvements for a 19-Lot Single-Family Residential
12/01/04
Development on 10-72 acres adjacent to the southeast corner of Iron
Mountain Road and Conough Lane. The Department of Planning staff
recommended approval.
RG
VAC-58900
Staff Report Page Two
June 9, 2015 - Planning Commission Meeting
Pre-Application Meeting
An email message discussing the submittal requirements for a Petition of
03/15/15
Vacation was sent to the applicant.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
04/30/2015
Surrounding
Property
Subject Property
North
West
Staff conducted a field check and noted that the subject Public Drainage
Easement to be vacated contains a perimeter wall on the easement line, except
for Lot 1.
Planned or Special
Land Use Designation
DR (Desert Rural
Density Residential)
Parks/Recreation/Open
Space
RG
VAC-58900
Staff Report Page Three
June 9, 2015 - Planning Commission Meeting
Surrounding
Property
South
Single-Family,
Detached
East
Single-Family,
Detached
Planned or Special
Land Use Designation
RNP (Rural
Neighborhood
Preservation) [Clark
County]
RE (Rural Estates
Density Residential)
Compliance
N/A
Compliance
Y
Compliance
Y
N/A
N/A
N/A
LEGAL DESCRIPTION
The 20-foot wide Public Drainage Easement granted along the west property lines of APN 12509-510-001, APN 125-09-510-002, APN 125-09-510-003 and APN 125-09-510-004 on Book
118, Page 0040 of Subdivision Plats not including the north 20 feet granted on APN 125-09-510004.
ANALYSIS
A condition of approval of the Tentative Map (TMP-1179) for the subject 19-lot Residential
Subdivision requires a, Drainage Plan and Technical Study to be submitted prior to recordation
of a Final Map. Due to the subdivisions proximity to the Clark County Regional Flood Control
District (CCRFCD) master planned facility, as recommended by the approved drainage study
(DS3304) for the project a minimum 20-foot drainage easement or right-of-way must be reserved
from Iron Mountain Road to accommodate this proposed facility. The property walls must be
moved back 20 feet to allow for this proposed facility and the area must be made a common lot
of the subdivision if it is to be reserved as a Public Drainage Easement.
The Public Drainage Easement to be vacated is located along Lots 1 through 4, except the last 20
feet within Lot 4. Currently Lot 1 is undeveloped while Lots 2 through 4 contains single-family
RG
VAC-58900
Staff Report Page Four
June 9, 2015 - Planning Commission Meeting
dwelling on each lot. The need for the 20-foot wide Public Drainage Easement is no longer
required in this subdivision. The Floyd Lamb Park geographical is an Alluvial Plain. Since the
development of the subject subdivision, the City of Las Vegas Public Works has constructed
Detention Basins; therefore, the need for drainage is easement is no longer required for this
subdivision.
The Public Works Department has provided the following comments:
This Vacation application proposes to vacate a 20-foot wide public drainage easement
generally located at the northwest corner of Coke Street and Maggie Avenue. As no rightof-way is proposed to be vacated, and thus no franchise rights are involved, it is not
necessary to send this VAC request to the utility companies and franchise holders, nor
wait for their responses. Since only City easements are involved, any utility company
interests will need to be addressed with each respective utility company and will not be
affected by the City vacating its interest. Furthermore, Public Works recommend that this
item be declared final action at Planning Commission.
NOTICES MAILED
APPROVALS
PROTESTS
24
RG
Discussion
SUBJECT:
VAC-59025 - VACATION - PUBLIC HEARING - APPLICANT/OWNER: LAS VEGAS
RESIDENTIAL PROPERTIES, LLC - For possible action on a request for a Petition to Vacate a
20-foot wide public alley right-of-way located between Silver Dollar Avenue and Pennwood
Avenue, east of Valley View Boulevard and west of Wing Street, Ward 1 (Tarkanian) [PRJ58958]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
VAC-59025 (PRJ-58958)
RESIDENTIAL
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAC-59025
RECOMMENDATION
REQUIRED FOR
APPROVAL
** CONDITIONS **
VAC-59025 CONDITIONS
Planning
1.
The limits of this Petition of Vacation are defined as the alley south of Silver Dollar
Avenue, north of Pennwood Avenue, east of Wing Street and west of Valley View
Boulevard.
2.
Prior to the recordation of the Order of Vacation, provide a plan showing how the
right-of-way will be incorporated into the adjacent properties. If a mapping action is
proposed, the Order of Vacation shall record immediately prior to that mapping action.
3.
This Petition of Vacation shall be revised to retain a Public Sewer Easement in favor
of Clark County and to retain a Public Drainage Easement in favor of the City of Las
Vegas.
4.
Prior to the recordation of this vacation, construction drawings showing the proposed
gating of the alley shall be approved by the City of Las Vegas Traffic Engineer.
5.
Prior to the recordation of this Petition of Vacation, meet with the Flood Control
Section of the Department of Public Works to determine if any storm drains and
related facilities will need to be relocated.
YK
VAC-59025 (PRJ-58958)
Conditions Page Two
June 9, 2015 - Planning Commission Meeting
6.
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.
7.
The Order of Vacation shall not be recorded until all of the conditions of approval
have been met provided, however, that conditions requiring modification of public
improvements may be fulfilled for purposes of recordation by providing sufficient
security for the performance thereof in accordance with the Subdivision Ordinance of
the City of Las Vegas. City Staff is empowered to modify this application if necessary
because of technical concerns or because of other related review actions as long as
current City right-of-way requirements are still complied with and the intent of the
vacation application is not changed. If applicable, a five foot wide easement for public
streetlight and fire hydrant purposes shall be retained on all vacation actions abutting
public street corridors that will remain dedicated and available for public use. Also, if
applicable and where needed, public easement corridors and sight visibility or other
easements that would/should cross any right-of-way or easement being vacated must
be retained.
8.
Reservation of easements for the facilities of the various utility companies together
with reasonable ingress thereto and egress there from shall be provided if required.
9.
All development shall be in conformance with code requirements and design standards
of all City Departments.
YK
VAC-59025 (PRJ-58958)
Staff Report Page One
June 9, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is petitioning to vacate a 20-foot x 1,250-foot, City of Las Vegas public right-ofway (alley) located between Valley View Boulevard on the east, Wing Street on the west, Silver
Dollar Avenue on the north and Pennwood Avenue on the south. There are 34 parcels adjacent
to the alley and all are owned by the applicant. The applicant is making the request in order to
limit access, as a crime deterrent. Staff recommends approval.
ISSUES
x
A Petition to Vacate (VAC-59025) application is required and has been applied for to
close off a public right-of-way (alley). Staff supports this request.
BACKGROUND INFORMATION
Pre-Application Meeting
Staff met with the applicant and discussed the requirements for a Vacation
04/21/15
application to vacate a public alley. Records indicate all adjacent properties
are owned by a single owner.
Field Check
04/30/15
Staff visited the site and found a clean alley. There were power lines and
trash enclosures, as well as parking located within this right-of-way.
Compliance
N/A
Compliance
Y
YK
VAC-59025 (PRJ-58958)
Staff Report Page Two
June 9, 2015 - Planning Commission Meeting
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Street Name
Valley View
Boulevard
Silver Dollar
Avenue
Pennwood Avenue
Wing Street
Functional
Classification of
Street(s)
Secondary
Collector
Minor Collector
Street
Major Collector
Minor Collector
Street
Governing Document
Planned Streets and
Highways Map
Planned Streets and
Highways Map
Planned Streets and
Highways Map
Planned Streets and
Highways Map
Actual
Street Width
(Feet)
Compliance
with Street
Section
80
55
75
60
LEGAL DESCRIPTION
ALL THAT AREA SOUTH OF LOTS 1 -17 AND NORTH OF LOTS 18 34 IN BLOCK
FIVE (5) AS SHOWN ON THE FINAL MAP OF FABULOUS FORTY AS RECORDED IN
BOOK 8 OF PLATS, PAGE 2 OF CLARK COUNTY, NEVADA OFFICIAL RECORDS.
ANALYSIS
The applicant proposes to vacate the public alley that runs parallel with Pennwood Avenue and
Silver Dollar Street between Wing Street and Valley View Boulevard. It is the applicants intent
to provide enhanced security for the 34 Multi-Family Residential buildings by eliminating public
access to this alley. The existing alley will be required to retain a 20-foot public sewer easement
or the applicant can construct a sanitary sewer manhole to separate public and private
maintenance as well as modify the remaining public sewer in the alley to be a private sewer.
With regard to the request to vacate a public right-of-way (alley), the Department of Public
Works presents the following information concerning the request:
A. Does this vacation request result in uniform or non-uniform right-of-way widths?
Not Applicable as it is to completely eliminate a public alley.
YK
VAC-59025 (PRJ-58958)
Staff Report Page Three
June 9, 2015 - Planning Commission Meeting
B. From a traffic handling viewpoint will this vacation request result in a reduced
traffic handling capability? No, as it is not a through street and only used for adjacent
residents.
C. Does it appear that the vacation request involves only excess right-of-way? No, it is
for an alley.
D. Does this vacation request coincide with development plans of the adjacent parcels?
No, the vacated alley will be gated to provide security for the adjacent residents.
E. Does this vacation request eliminate public street access to any abutting parcel? No.
F. Does this vacation request result in a conflict with any existing City requirements?
No.
G. Does the Department of Public Works have an objection to this vacation request?
No.
FINDINGS (VAC-59025)
Staff has no objection to the vacation of this public right-of-way (alley). Staff recommends
approval with conditions.
NOTICES MAILED
APPROVALS
PROTESTS
33
YK
VAC-59025
VAC-59025
VAC-59025
VAC-59025
VAC-59025
VAC-59025
Discussion
SUBJECT:
GPA-58199 - GENERAL PLAN AMENDMENT - PUBLIC HEARING APPLICANT/OWNER: DFA, LLC - For possible action on a request for a General Plan
Amendment FROM: MXU (MIXED USE) AND C (COMMERCIAL) TO: LI/R (LIGHT
INDUSTRY /RESEARCH) on 28.55 acres at the northeast corner of Bonanza Road and
Clarkway Drive (APNs 139-28-302-001, 002, 003, 012, 014, 031, 032 and 034; and 139-28-303001 and 003), Ward 5 (Barlow) [PRJ-58196]. Staff has NO RECOMMENDATION.
C.C.: 7/15/2015
PROTESTS RECEIVED BEFORE:
37
RECOMMENDATION:
Staff has NO RECOMMENDATION.
BACKUP DOCUMENTATION:
1. Abeyance Request Submitted by APTUS - GPA-58199 and ZON-58200 [PRJ-58196]
2. Location and Aerial Maps
3. Supporting Documentation - GPA-58199 and ZON-58200 [PRJ-58196]
4. Photo(s) - GPA-58199 and ZON-58200 [PRJ-58196]
5. Justification Letter - GPA-58199 and ZON-58200 [PRJ-58196]
6. Protest/Support Postcards and Letters - GPA-58199 and ZON-58200 [PRJ-58196]
GPA-58199
PRJ-58196
Application/Petition For:
ProjectAddress (Location):
MULTIPLE PROPERTIES
Project Name
Ward #:
Yes
M - Industrial
Gross Acres:
30.56
Lots/Units:
Additional Information:
Applicant First Name:
Don
Ahern
Applicant Address:
Applicant City:
Las Vegas
Applicant State:
Nevada
Applicant Zip:
89016
Applicant Phone:
(702)287.5331
Applicant Fax:
n/a
Applicant Email:
dave@ahern.com
Kristen
Neuman
Rep Address:
Rep City:
Las Vegas
Rep State:
Nevada
Rep Zip:
89104
Rep Phone:
(702) 839-1200
Rep Fax:
(702) 893-1213
Rep Email:
kristen@aptusgroup.com
Page 1 of 2
Yes
Yes
Owner(s)
ADDR1
ADDR2
DFALLC
CLVEPLAN Applicant
Company
Title
Kristen Neuman
APTUS
Project Architect
kristen@aptusgroup.com
Page 2 of 2
7
A7A
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GPA-58199
[PRJ-58196]
GENERAL
PLAN
AMENDMENT
APPLICANT/OWNER: DFA, LLC
NORTHEAST CORNER OF BONANZA ROAD AND CLARKWAY DRIVE
RELATED
TO
03/05/15
ZON-58200
GPA-58199
[PRJ-58196]
GENERAL
PLAN
AMENDMENT
APPLICANT/OWNER: DFA, LLC
NORTHEAST CORNER OF BONANZA ROAD AND CLARKWAY DRIVE
RELATED
TO
03/05/15
ZON-58200
GPA-58199
[PRJ-58196]
GENERAL
PLAN
AMENDMENT
APPLICANT/OWNER: DFA, LLC
NORTHEAST CORNER OF BONANZA ROAD AND CLARKWAY DRIVE
RELATED
TO
03/05/15
ZON-58200
GPA-58199
[PRJ-58196]
GENERAL
PLAN
AMENDMENT
APPLICANT/OWNER: DFA, LLC
NORTHEAST CORNER OF BONANZA ROAD AND CLARKWAY DRIVE
RELATED
TO
03/05/15
ZON-58200
GPA-58199
[PRJ-58196]
GENERAL
PLAN
AMENDMENT
APPLICANT/OWNER: DFA, LLC
NORTHEAST CORNER OF BONANZA ROAD AND CLARKWAY DRIVE
RELATED
TO
03/05/15
ZON-58200
GPA-58199
[PRJ-58196]
GENERAL
PLAN
AMENDMENT
APPLICANT/OWNER: DFA, LLC
NORTHEAST CORNER OF BONANZA ROAD AND CLARKWAY DRIVE
RELATED
TO
03/05/15
ZON-58200
GPA-58199
[PRJ-58196]
GENERAL
PLAN
AMENDMENT
APPLICANT/OWNER: DFA, LLC
NORTHEAST CORNER OF BONANZA ROAD AND CLARKWAY DRIVE
RELATED
TO
03/05/15
ZON-58200
GPA-58199
[PRJ-58196]
GENERAL
PLAN
AMENDMENT
APPLICANT/OWNER: DFA, LLC
NORTHEAST CORNER OF BONANZA ROAD AND CLARKWAY DRIVE
RELATED
TO
03/05/15
ZON-58200
Discussion
SUBJECT:
ZON-58200 - REZONING RELATED TO GPA-58199 - PUBLIC HEARING APPLICANT/OWNER: DFA, LLC - For possible action on a request for a Rezoning FROM: RE (RESIDENCE ESTATES) AND C-2 (GENERAL COMMERCIAL) TO: M (INDUSTRIAL)
on 28.55 acres at the northeast corner of Bonanza Road and Clarkway Drive (APNs 139-28-302001, 002, 003, 012, 014, 031, 032 and 034; and 139-28-303-001 and 003), Ward 5 (Barlow)
[PRJ-58196]. Staff has NO RECOMMENDATION.
C.C.: 7/15/2015
PROTESTS RECEIVED BEFORE:
37
RECOMMENDATION:
Staff has NO RECOMMENDATION.
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
ZON-58200
7
A7A
7A
77
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777
77
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7777
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b
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77
7
777
777
77A
77
7
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77
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77
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ZON-58200
777
b b
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b
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777
b777b
b b
777
b
b777
b
b777b
77 77
77 7 7 777b
777 7
7 7777
77
777
b7
7777
Discussion
SUBJECT:
ABEYANCE - RENOTIFICATION - SUP-57330 - SPECIAL USE PERMIT - PUBLIC
HEARING - APPLICANT/OWNER: HOMELESS HELPERS - For possible action on a request
for a Special Use Permit FOR AN ALTERNATIVE PARKING STANDARD TO ALLOW
FOUR PARKING SPACES WHERE 18 SPACES ARE REQUIRED FOR A PROPOSED
GENERAL PERSONAL SERVICE USE at 200 Foremaster Lane (APN 139-27-504-002), C-2
(General Commercial) Zone, Ward 5 (Barlow) [PRJ-56939]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcards and Support Letter
SUP-57330 [PRJ-56939]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-57330
RECOMMENDATION
REQUIRED FOR
APPROVAL
** CONDITIONS **
SUP-57330 CONDITIONS
Planning
1.
The alternative parking demand analysis date stamped 06/02/15 is hereby approved. The
alternative parking standard is valid for the duration of the General Personal Service use at
the site. The alternative parking standard shall expire, when this use ceases to operate on
the site.
2.
To allow 4 parking spaces, where 19 parking spaces are required for a General Personal
Service use is hereby 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.
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.
YK
SUP-57330 [PRJ-56939]
Staff Report Page One
June 9, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is proposing to locate a General Personal Service use for homeless veterans within
an existing 4,713 square-foot commercial building at 200 Foremaster Lane. The use is
permissible in the C-2 (General Commercial) zone; however, the proposal does not comply with
the minimum parking requirements for the proposed General Personal Service use.
The applicant is requesting relief from the parking requirement via a Special Use Permit for an
Alternative Parking Standard to allow four parking spaces where 19 are required. Staff
recommends approval of the application. If denied, the proposed General Personal Service use
could not be located on the site.
ISSUES
x
A Special Use Permit is required for an Alternative Parking Standard to allow four
parking spaces, where a minimum of 18 parking spaces is required. Staff supports this
request.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
No related actions are on file for this parcel.
Most Recent Change of Ownership
08/15/14
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
CC. 1963
A building was constructed on the site.
Pre-Application Meeting
Staff met with the applicant and advised that the Downtown North Land Use
Plan strongly recommends against any additional homeless social service
11/20/14
providers be located in the area. Two Special Use Permits would be needed:
Social Service Provider and for an Alternative Parking Plan.
YK
SUP-57330 [PRJ-56939]
Staff Report Page Two
June 9, 2015 - Planning Commission Meeting
Neighborhood Meeting
A voluntary community meeting was held from 4 p.m. to 6 p.m.
Attendees: 4 Applicants 3 CLV staff (including CM Barlow) 2
METRO Officers 28 Members of the Public
02/24/15
Potential Issues
x *Applicant mentioned that someone will be living on-site as a
caretaker for the facility*
o Councilman Barlow had concerns with this due to building and
safety/zoning codes.
x *The applicant mentioned that the facility may be used by other
agencies for drug and alcohol counseling. They also indicated that the
subject property currently has a 2,000 square-foot area built-out as a
church; they indicated that they would allow neighborhood churches
to use the facility during the weekends.
o These are different land uses which are not indicated in the
Justification Letter submitted by the applicant.
Constituents Concerns
x Concerns were raised over the handling of loitering homeless in the
area by the Metro Police
x A representative for Palm Mortuary expressed concerned about the
spillover effects this proposed use will have on surrounding
businesses.
o Expressed concerns about people previously distributing food
and services in their parking lot or on the right-of-way in front
of their property blocking their ingress/egress, disrupting their
business and damaging property.
x Concerns were raised about what an alternative parking analysis is and
why it was requested with this proposal.
The applicant explained that it was similar to a parking Variance and
Code requirement for the proposed use allows for this type of
request to address the parking needs of the project.
Field Check
01/06/15
Staff visited the site and found a vacant building with a fence surrounding the
property. It appeared as if the property was being cleaned at the time.
YK
SUP-57330 [PRJ-56939]
Staff Report Page Three
June 9, 2015 - Planning Commission Meeting
Surrounding
Property
Subject Property
South
East
Social Service
Provider (Homeless
Shelter)
Crematory
Crematory
West
Retail
North
Planned or Special
Land Use Designation
GC (General
Commercial)
GC (General
Commercial)
C-2 (General
Commercial)
PF (Public Facilities)
PF (Public Facilities)
GC (General
Commercial)
C-V (Civic)
C-V (Civic)
C-2 (General
Commercial)
Compliance
Y
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Street Name
Foremaster Lane
Functional
Classification of
Street(s)
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Local
60
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
Personal
4,713 SF
1/250 SF
18
Services
18
4
N
TOTAL SPACES REQUIRED
YK
SUP-57330 [PRJ-56939]
Staff Report Page Four
June 9, 2015 - Planning Commission Meeting
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
17
1
3
1
N
Regular and Handicap Spaces Required
Loading
1
1
Y
Spaces
Percent Deviation
79%
N*
*A Special Use Permit for an Alternative Parking Standard has been applied for.
ANALYSIS
The subject property is located within the boundaries of the Downtown North Land Use
boundaries, and has a General Commercial (GC) land use designation. The C-2 (General
Commercial) designation allows a General Personal Service use, as proposed.
The General Personal Service use is defined as a facility for the sale of personal services.
Typical personal services include barber/beauty shop, tanning salon, nail salon, shoe repair,
tailor, instructional arts studio, photography studio, handcrafted art studio, safe deposit boxes,
house cleaning service, weight reduction center, day spa, florist (excluding greenhouses),
astrologer/hypnotist/psychic art or science, dry cleaners, electrical/watch/clock/jewelry or similar
repair, and permanent makeup establishment. There are no minimum requirements for the
proposed use.
The applicant has provided an Alternative Parking Demand Analysis that was prepared by a
Nevada licensed Professional Engineer. Within the analysis an alternative parking standard was
proposed based on observations of a similar use in the area. A parking ration of 0.829 stalls per
1000 square feet was established. Based on this standard, the proposed 4,713 General Personal
Services use would only require four parking stalls. This is the number that the applicant is
providing with this request. Staff recommends approval.
FINDINGS (SUP-57330)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
1.
The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
YK
SUP-57330 [PRJ-56939]
Staff Report Page Five
June 9, 2015 - Planning Commission Meeting
This project is compatible with the Downtown North Land Use Plan and therefore, is
appropriate for the area.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
Although the proposed use is appropriate for the commercial site, the proposal cannot
adhere to minimum parking requirements as outlined by Title 19.12. The submitted
parking demand analysis substantiates a reduced number of parking spaces required and
therefore, the intensity of land use is acceptable.
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.
Site access is provided by Foremaster Lane, a 60-foot wide local street. This is adequate to
meet the use proposed for the site.
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 Special Use Permit will not compromise the public health safety and
general welfare. The use will be subject to regular inspections and is subject to licensing
restrictions.
5.
The use meets all of the applicable conditions per Title 19.12.
Aside from the parking deviation that is requested with this application, all other
requirements of Title 19.12 are being met.
NOTICES MAILED
48
APPROVALS
PROTESTS
17
YK
SUP-57330
PRJ-56939
12/24/14
PRJ-56939
Application/Petition For:
SUP for Social Service and one for Alternative parking standards
ProjectAddress (Location):
Project Name
CARE
13927504002
Ward #:
Yes
Select
Gross Acres:
1.0
Lots/Units:
N/A
Additional Information:
N/A
Homeless
Helpers
Applicant Address:
Applicant City:
Las Vegas
Applicant State:
Nevada
Applicant Zip:
89101
Applicant Phone:
(702) 624-5792
Applicant Fax:
(702) 243-2377
Applicant Email:
arnoldstalk@gmail.com
Arnold
Stalk PhD
Rep Address:
Rep City:
Las Vegas
Rep State:
Nevada
Rep Zip:
89106
Rep Phone:
(702) 624-5792
Rep Fax:
(702) 243-2377
Rep Email:
arnoldstalk@gmail.com
Page 1 of 2
Yes
Yes
Owner(s)
ADDR1
ADDR2
HOMELESS HELPERS
CLVEPLAN Applicant
Company
Title
Arnold Stalk
Development Consultant
arnoldstalk@gmail.com
12/29/2014 12:11:26 PM
Page 2 of 2
12/24/14
PRJ-56939
12/24/14
PRJ-56939
12/24/14
PRJ-56939
7 4 . 38
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12/24/14
7
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139-2
PRJ-56939
504
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27
Rev: 05/31/2012
20
29
19
8
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18
SEC.
PM 78-1
PM 114-95
364.02
002
5.67
364.02
017
001
177.98
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1 67.89
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668
200
50
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25
10
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2.26
1 62
6.1
12
2 0
25
. 62
U.P.R.R.
BOOK
PARCEL BOUNDARY
CONDOMINIUM UNIT
001
SUB BOUNDARY
001
PARCEL NUMER
PM/LD BOUNDARY
ACREAGE
1.00
ROAD EASEMENT
PARCEL SUB/SEQ NUMBER
SUB-SURFACE PCL
PB 24-45
BLOCK NUMBER
SECTION LINE
GL5
GOV. LOT NUMBER
6 8.
96
NOTES
INTERSTATE ROUTE 15
1 4 0
0
1 4
L=
2.
26
=1
35
38
50
0
5
2 2
448
50
6 3. 5
I N
TE
RST
ATE
RO
L
T E
=
L=9 U
1 .
41
NO
1 34
.81
7
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SUP-57330 - REVISED
SUP-57330 - REVISED
SUP-57330 - REVISED
SUP-57330 - REVISED
[PRJ-56939]
SPECIAL
USE
01/06/15
PERMIT
PRJ-56939
12/24/14
PRJ-56939
12/24/14
PRJ-56939
12/24/14
Discussion
SUBJECT:
ZON-59062 - REZONING - PUBLIC HEARING - APPLICANT: DR. RUSSELL SHAH OWNER: JUAN ANTONIO SERVIN-SAMPERIO - For possible action on a request for a
Rezoning FROM: R-E (RESIDENCE ESTATES) TO: O (OFFICE) on 0.41 acres at 2500 West
Charleston Boulevard (APN 139-32-802-029), Ward 1 (Tarkanian) [PRJ-58466]. Staff
recommends APPROVAL.
C.C.: 7/15/2015
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - ZON-59062 and SDR-59063 [PRJ-58466]
2. Conditions and Staff Report - ZON-59062 and SDR-59063 [PRJ-58466]
3. Supporting Documentation - ZON-59062 and SDR-59063 [PRJ-58466]
4. Photo(s) - ZON-59062 and SDR-59063 [PRJ-58466]
5. Justification Letter - ZON-59062 and SDR-59063 [PRJ-58466]
6. Protest Postcard - ZON-59062 and SDR-59063 [PRJ-58466]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
ZON-59062
SDR-59063
RECOMMENDATION
Staff recommends APPROVAL.
Staff recommends APPROVAL, subject to conditions:
REQUIRED FOR
APPROVAL
ZON-59062
** CONDITIONS **
SDR-59063 CONDITIONS
Planning
1.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
2.
All development shall be in conformance with the site plan and landscape plan, date
stamped 05/11/15, 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 19.08.060 is hereby approved, to allow a zero-foot landscape buffer
along a portion of the east property line where eight feet in the minimum required.
5.
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.
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.
9.
Obtain an Occupancy Permit from the Nevada Department of Transportation (NDOT) for
all driveways or other private improvements, if any, in the Charleston Boulevard public
right-of-way adjacent to this site prior to constructing any improvements within NDOT
jurisdiction.
10.
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 drainageways as recommended.
JB
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Site Development Plan Review for a proposed Parking Facility with a
Waiver to allow a zero-foot landscape buffer along a portion of the east property line where eight
feet is the minimum required located on 0.41 acres at 2500 West Charleston Boulevard. In
addition to this application, the applicant has submitted a request for a Rezoning (ZON-59062)
from R-E (Residence Estates) to O (Office), which allows a Parking Facility as a conditional
land use. Staff has determined the proposed project is compatible with surrounding development
in the area, and will not have a negative impact to the adjacent commercial developments to the
east and west and residential development to the north. Therefore, staff is recommends approval
of this project with conditions.
ISSUES
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].
A Code Enforcement case (#144409) was processed on 08/13/14 for the lot being used as a
commercial parking lot; the case has not been resolved.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a request for a General Plan Amendment (GPA0047-01) to amend portions of the Southeast Sector map of the General Plan
in the general vicinity of the Charleston Boulevard/Rancho Drive intersection
from SC (Service Commercial) to O (Office); from R (Rural Density
Residential) to DR (Desert Rural Density Residential); from O (Office) to
06/19/02
DR (Desert Rural Density Residential) and; from L (Low Density
Residential) to DR (Desert Rural Density Residential) in accordance with the
recommendations of the Rancho Charleston Land Use Study and Strategic
Plan. The Planning Commission recommended denial of the request on
03/20/02.
The City Council approved a request for a General Plan Amendment (GPA43991) to establish Redevelopment Area 2 and change the future land use
04/18/12
designation on various parcels within the redevelopment area to commercial
or mixed use. The Planning Commission recommended approval of the
request on 03/13/12.
JB
Staff conducted a routine site visit and found the subject site is developed as a
single-family detached dwelling with high weeds and various trash and debris
located in the landscaping area adjacent to Charleston Boulevard.
Planned or Special
Land Use Designation
O (Office)
DR (Desert Rural
Density Residential)
General Office
O (Office)
Medical Office
O (Office)
East
General Office
O (Office)
West
Clinic
O (Office)
Subject Property
North
South
C-D (Designed
Commercial)
P-R (Professional Office
and Parking)
C-D (Designed
Commercial)
C-D (Designed
Commercial)
Compliance
N/A
JB
Compliance
Y
Y
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to 19.08.060, the following standards apply:
Standard
Required/Allowed
Min. Lot Width
100 Feet
Min. Setbacks
x Front
25 Feet
x Side
10 Feet
x Corner
15 Feet
15 Feet
x Rear
Max. Lot Coverage
30 %
Existing Zoning
R-E (Residence Estates)
Proposed Zoning
O (Office)
Permitted Density
One dwelling per lot
Permitted Density
N/A
Provided
100 Feet
Compliance
Y
N/A
N/A
N/A
N/A
0%
Y
Y
Y
Y
Y
Units Allowed
One dwelling per lot
Units Allowed
N/A
Provided
Compliance
5 Trees
4 Trees
0 Trees
0 Trees
9 Trees
Y
Y
N*
N*
N*
4 Trees
JB
Provided
Compliance
Y
Y
N*
Y
Not
Wall Height
6 to 8 Feet Adjacent to Residential
Not Indicated
Indicated
*The applicant has requested Waiver to allow a zero-foot landscape buffer along a portion of the
east property line where eight feet is required per Title 19.08.060; and an Exception to allow no
planting materials along the west and east property line.
Street Name
Functional
Classification of
Street(s)
Charleston
Boulevard
Primary Arterial
8 Feet
15 Feet
0 Feet
30 Feet
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
100 Feet
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
One Space
designated
as
employee
parking
Parking
N/A
0
for each
Facility
employee
on the
largest
shift
0
18
Y
TOTAL SPACES REQUIRED
0
0
17
1
Y
Regular and Handicap Spaces Required
JB
Waivers
Requirement
Request
To allow a zero-foot
landscaping buffer
along a portion of the
east property line.
Exceptions
Requirement
Per Title 19.08.030 1-24 box
tree per 20 linear feet is required
within the required landscape
buffers.
Request
To allow no planting
materials along the
west and east property
line.
Staff Recommendation
Approval
Staff Recommendation
Approval
ANALYSIS
This is a request for a Site Development Plan Review for a proposed Parking Facility with
Waiver to allow a zero-foot landscaping buffer along a portion of the east property line where
eight feet is required located on 0.41 acres at 2500 West Charleston Boulevard. In addition to
this application, the applicant has submitted a request for a Rezoning (ZON-59062) from R-E
(Residence Estates) to O (Office). Per title 19.16.100(F) the proposed parking facility with a
Waiver to allow a zero-foot landscape buffer along a portion of the east property line where eight
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.
A Parking Facility is described in Title 19.12 as: A lot or structure developed for public or
private parking as a primary use of the subject site on which it is located. This use does not
include any ancillary lot or structure provided in conjunction with a primary use in order to meet
minimum required parking standards.
Conditional Use Regulations:
1. The parking facility must be ground-level.
The submitted drawings indicate the proposed parking facility will be a ground level open air
parking lot, with no proposed structures.
2. The use of the parking facility shall cease between 9:00 p.m. and 6:00 a.m., including the use
of any exterior lighting (except for security lighting).
JB
The applicant has indicated that the proposed parking facility will have hours of operation from
8:00 a.m. to 5:00 p.m.; which comply with listed hours of operation.
The submitted justification letter indicates that the proposed use complies with a conditional use
requirements outlined in Title 19.12. The submitted plans indicate the proposed Parking Facility
will provide 18 parking spaces, including one van accessible handicapped space.
Landscaping buffers will be provided along the north, south and west perimeter of the property,
which comply with Title 19.08 width requirements. However the applicant has requested a
Waiver to allow a zero-foot landscape buffer along the east perimeter adjacent to the proposed
parking area. In addition, the applicant has requested an Exception of required planting materials
along the west perimeter and east perimeter adjacent to the existing commercial developments
located to the west and east of the subject property. The submitted landscaping plan indicates
Proposis Glandulosa 24-box tree (Honey Mesquite) and combination of 5-gallon Leucophyllum
Frutescens (Texas Ranger) shrubs will be provided within the north landscaping buffer adjacent
to the existing residential use, south landscaping buffer adjacent to Charleston Boulevard and
parking lot islands.
Staff has determined the proposed project is compatible with surrounding development in the
area, and will not have a negative impact to the adjacent commercial developments to the east
and west and residential development to the north. Therefore, staff is recommends approval of
this project with conditions.
FINDINGS (ZON-59062)
In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning
Commission or City Council must affirm the following:
1.
2.
The uses which would be allowed on the subject property by approving the rezoning
will be compatible with the surrounding land uses and zoning districts.
The applicant has proposed to develop the site with a Parking Facility, which is a
permitted land use within the proposed O (Office) zoning designation as a conditional
land use. The submitted justification letter indicates that the proposed use complies with
a conditional use requirements outlined in Title 19.12.
JB
3.
Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
The proposed O (Office) is an appropriate zoning designation, which will allow
conformance with the existing O (Office) designation under the Southwest Sector Plan of
the General Plan and surrounding medical and general office developments located
adjacent to the subject site to the east, west and south.
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.
Primary site access is from Charleston Boulevard, a 100-foot Primary Arterial as
designated by the Master Plan of Streets and Highways, which provides adequate
capacity to serve the proposed use.
FINDINGS (SDR-59063)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E) the
Planning Commission and/or City Council must affirm the following:
1.
2.
The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other dulyadopted city plans, policies and standards;
The applicant has requested a Waiver to allow a zero-foot landscape buffer along the east
perimeter adjacent to the proposed parking area. In addition, the applicant has requested an
Exception of required planting materials along the west perimeter and east perimeter
adjacent to the existing commercial developments located to the west and east of the
subject property. However, Staff has determined the proposed project is compatible with
surrounding development in the area, and will not have a negative impact to the adjacent
commercial developments to the east and west and residential development to the north.
3.
JB
Access to the site is provided from Charleston Boulevard, which is classified as 100-foot
Primary Arterial, according to the Master Plan of Streets and Highways.
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 Proposis Glandulosa 24-box tree (Honey Mesquite) and combination
of 5-gallon Leucophyllum Frutescens (Texas Ranger) shrubs which are consistent with the
Southern Nevada Regional Plan Coalition Regional Plant List.
5.
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.
NOTICES MAILED
127
APPROVALS
PROTESTS
24
JB
ZON-59062
ZON-59062
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ZON-59062 [PRJ-58466] - REZONING RELATED TO SDR-59063 -APPLICANT: DR. RUSSELL SHAH OWNER: JUAN ANTONIO SERVIN-SAMPERIO
2500 WEST CHARLESTON BOULEVARD
04/30/15
ZON-59062 [PRJ-58466] - REZONING RELATED TO SDR-59063 -APPLICANT: DR. RUSSELL SHAH OWNER: JUAN ANTONIO SERVIN-SAMPERIO
2500 WEST CHARLESTON BOULEVARD
04/30/15
ZON-59062 [PRJ-58466] - REZONING RELATED TO SDR-59063 -APPLICANT: DR. RUSSELL SHAH OWNER: JUAN ANTONIO SERVIN-SAMPERIO
2500 WEST CHARLESTON BOULEVARD
04/30/15
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Discussion
SUBJECT:
SDR-59063 - SITE DEVELOPMENT PLAN REVIEW RELATED TO ZON-59062 - PUBLIC
HEARING - APPLICANT: DR. RUSSELL SHAH - OWNER: JUAN ANTONIO SERVINSAMPERIO - For possible action on a request for a Site Development Plan Review FOR A
PROPOSED PARKING FACILITY WITH A WAIVER TO ALLOW A ZERO-FOOT
LANDSCAPE BUFFER ALONG A PORTION OF THE EAST PROPERTY LINE WHERE
EIGHT FEET IS THE MINIMUM REQUIRED on 0.41 acres at 2500 West Charleston
Boulevard (APN 139-32-802-029), R-E (Residence Estates) Zone [PROPOSED: O (Office)],
Ward 1 (Tarkanian) [PRJ-58466]. Staff recommends APPROVAL.
C.C.: 7/15/2015
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
SDR-59063
SDR-59063
Discussion
SUBJECT:
VAR-59047 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: EQUITYLINK
PROPERTIES, LLC - For possible action on a request for a Variance TO ALLOW NO
SIDEWALKS, AMENITY ZONE OR GATE ON A PRIVATE STREET WHERE SUCH ARE
REQUIRED on 1.93 acres on the southeast corner of Rosada Way and Jones Boulevard (APN
125-36-302-001), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-58903].
Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-59047, VAR-59048 and WVR-59049 [PRJ-58903]
2. Conditions and Staff Report - VAR-59047, VAR-59048 and WVR-59049 [PRJ-58903]
3. Supporting Documentation - VAR-59047, VAR-59048 and WVR-59049 [PRJ-58903]
4. Photo(s) - VAR-59047, VAR-59048 and WVR-59049 [PRJ-58903]
5. Justification Letter - VAR-59047, VAR-59048 and WVR-59049 [PRJ-58903]
6. Protest Postcard - VAR59047 and VAR-59048 [PRJ-58903]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-59047
VAR-59048
WVR-59049
RECOMMENDATION
REQUIRED FOR
APPROVAL
** CONDITIONS **
VAR-59047 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.
YK
VAR-59048 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.
Construct full-width half street pavement and L-curb on Rosada Way meeting current City
Standards concurrent with on-site development activities.
6.
Construct sidewalk on Rosada Way meeting current City Standards concurrent with on-site
development activities.
7.
All existing public improvements damaged or removed by this development shall be restored
at its original location and to its original width concurrent with on-site development activities
8.
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. If curb and gutter is not required with this project, the required
monies in lieu of streetlights shall include the cost of conduit and pull boxes. 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.
9.
Enter into a Covenant Running with Land Agreement for the future installation of all halfstreet improvements per current City Standards for any improvements deferred through this
action. The Covenant agreement must be recorded with the County Recorder and a copy of
the recorded document must be provided to the prior to the issuance of permits.
YK
WVR-59049 CONDITIONS
Public Works
1.
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. If curb and gutter is not required with this project, the required
monies in lieu of streetlights shall include the cost of conduit and pull boxes. 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.
YK
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting three applications: two Variances to address several deviations from
code requirements that will allow for no installation of off-site improvements and a Waiver to
allow for a reduced intersection offset and no streetlight installation. Although staff can support
the intersection off-set, the lack of streetlights and the remaining two Variance applications are
not supported. As a result, staff recommends denial of all three applications associated with this
request. If denied, all code requirements shall be met in order to develop or subdivide this parcel
for development.
ISSUES
x
x
x
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved an annexation (A-0063-64) that included the
southeast corner of Rosada Way and Jones Boulevard as part of a larger
Circa 1964
request.
The City Council approved Rezoning (ZON-13520) From: R-E (Residence
Estates) to: R-PD2 (Residential Planned Development - 2 Units per Acre) on
2.56 acres at 5020 North Jones Boulevard. The Planning Commission and
Staff recommended approval. The action was not exercised.
07/19/06
The City Council approved a Variance (VAR-13521) to allow a Residential
Planned Development on 2.56 acres where a minimum of 5.00 acres is
required at 5020 North Jones Boulevard. The Planning Commission and Staff
recommended approval. The action was not exercised.
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Pre-Application Meeting
Staff met with the applicant regarding a four-lot residential project on the
southeast corner of Rosada Way and Jones Boulevard. The applicant is
requesting to not install offsite improvements or develop a private street to
04/15/15
code standards. This project was previously approved with all offsite
requirements intact, but has since expired.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
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Field Check
04/30/15
Staff visited the site and found a vacant parcel. There was evidence to
indicate that grading had taken place, but not recently.
Surrounding
Property
Subject Property
North
South
East
West
Planned or Special
Land Use Designation
R (Rural Density
Residential)
R (Rural Density
Residential)
R (Rural Density
Residential)
R (Rural Density
Residential)
R (Rural Density
Residential)
Compliance
N/A
Compliance
Y
Y
Compliance
N/A
N/A
N/A
N/A
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DEVELOPMENT STANDARDS
Street Name
Functional
Classification of
Street(s)
Jones Boulevard
Primary Arterial
Rosada Way
Streetscape Standards
Jones Boulevard
Rosada Way
Minor Local
Collector
Governing Document
Compliance
with Street
Section
106
60
Required
To install curb, gutter, streetlights, a
five-foot wide sidewalk and a threefoot wide amenity area.
To install curb, gutter, streetlights, a
five-foot wide sidewalk and a fivefoot wide amenity area.
Waivers
Requirement
To provide a 220-foot distance
separation between intersections
when providing external access to an
existing or planned ROW of 60 feet
or greater per Title 19.02.140.
To install streetlights on Jones
Boulevard, Rosada Way and an
unnamed Private Street.
Actual
Street Width
(Feet)
Provided
To provide none of
the requirements.
To provide none of
the requirements.
Request
To allow a 185-foot offset from
the intersections of Rosada Way
and the proposed Private Street.
To install no streetlights.
Compliance
Staff Recommendation
Approval
Denial
ANALYSIS
The applicant has submitted two Variances and a Waiver request needed for approval of a fourlot residential subdivision. The first Variance (VAR-59047) seeks relief from installing
sidewalks and a gate for a proposed private street. The applicant states in the justification letter
that the parcel is virtually undevelopable if a gate is required. The lack of sidewalks on a private
street is not addressed and no justification was provided. Staff does not support this request.
The second Variance (VAR-59048) seeks relief from the requirement of installing offsite (curb,
gutter, streetlights, sidewalks and amenity area) improvements along Rosada Way and no
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amenity area along Jones Boulevard. The applicant states in the justification letter; Since this is
a 4 lot residential subdivision, street lights on Jones provide too much night light for residential
comfort. The Variance for no landscape on Jones is in accordance with other residential
developments in the area. Rosada Way is semi-rural and should remain so. Staff does not
concur with this assessment of the area.
In addition, the applicant requests Waivers (WVR-59049) to allow an intersection offset to be
less than the required 220 feet. Public Works staff supports this request, but has indicated that
future traffic increases may require mitigation measures. Staff supports this request. Another
Waiver under this same case is to allow no installation of streetlights. The applicant states that
there would be too much light on the residences if they were required to install the streetlights.
However, staff does not support this position. Therefore, staff is recommending denial of all
three applications.
The Clark County School District projects that two primary and secondary school students will
be generated by the proposed development on this site. Of the three schools serving the area
(May Elementary School, Lied Middle School and Shadow Ridge High School), The District
notes that only Lied was not over capacity for the 2014-15 school year and no additional schools
are planned. It was noted that May Elementary School was 16.44% over capacity.
In conclusion, a four-lot single-family residential subdivision is an appropriate use for the parcel
when developed to City of Las Vegas development standards. The applicant is requesting
deviations from the City of Las Vegas development standards as evidenced by the two Variances
and Waiver requests. All but one of these requests is not supported by staff. As a result, staff
recommends denial of all applications as submitted for the project.
FINDINGS (VAR-59047)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council,
in considering the merits of a Variance request, shall not grant a Variance in order to:
1.
2.
3.
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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 not install a gate, sidewalks or streetlights
on a private street. An alternative is to install these requirements 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.
FINDINGS (VAR-59048)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council,
in considering the merits of a Variance request, shall not grant a Variance in order to:
1.
2.
3.
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FINDINGS (WVR-59049)
Public Works has no immediate concerns with the requested Waiver of intersection offset
distance; however it is possible that traffic patterns in the future might require the limitation of
vehicular movements at the subject intersection to ensure safe operation.
25
NOTICES MAILED
APPROVALS
PROTESTS
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http://ccsd.net/departments/real-property
Entity
LV
State
Mobile
Project Name
Zip Code
Fax
APN's
125-36-302-001
Student Yield
Elementary School
4
Middle School
High School
x 0.195 =
x 0.102 =
x 0.135 =
x 0.135 =
x 0.056 =
x 0.062 =
(1) Single Family unit is defined as single family detached home, mobile home, and town homes.
(2) Multi-Family unit is defined as apartment, multiplexes, and condominiums.
(3) Resort Condominium units for tracking purposes only.
* To be completed by CCSD
Schools Serving the Area*
Name
Address
Grade
Capacity
Enrollment
Site Date
May ES
6350 W. Washburn Rd
K-5
578
667
03/20/15
Lied MS
6-8
1614
1125
03/20/15
Shadow Ridge HS
9-12
2609
2700
03/20/15
* CCSD Comments May ES and Shadow Ridge HS are over capacity for the 2014-15 school year. May ES is 16.44% over
capacity. Shadow Ridge HS is 3.60% over capacity.
Approved
Disapproved
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Discussion
SUBJECT:
VAR-59048 - VARIANCE RELATED TO VAR-59047 - PUBLIC HEARING APPLICANT/OWNER: EQUITYLINK PROPERTIES, LLC - For possible action on a request
for a Variance TO ALLOW NO AMENITY ZONE ON JONES BOULEVARD AND TO
ALLOW NO OFFSITE IMPROVEMENTS ON ROSADA WAY WHERE SUCH ARE
REQUIRED on 1.93 acres on the southeast corner of Rosada Way and Jones Boulevard (APN
125-36-302-001), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-58903].
Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
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Discussion
SUBJECT:
WVR-59049 - WAIVER RELATED TO VAR-59047 AND VAR-59048 - PUBLIC HEARING APPLICANT/OWNER: EQUITYLINK PROPERTIES, LLC - For possible action on a request
for a Waiver TO ALLOW NO STREETLIGHTS ON JONES BOULEVARD, ROSADA WAY
AND A PROPOSED PRIVATE STREET WHERE STREETLIGHTS ARE REQUIRED AND
TO ALLOW A 166-FOOT INTERSECTION OFFSET WHERE 220 FEET IS REQUIRED on
1.93 acres on the southeast corner of Rosada Way and Jones Boulevard (APN 125-36-302-001),
R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-58903]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest Postcard
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Discussion
SUBJECT:
VAR-59050 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: VICTOR
HECKER, ET AL - For possible action on a request for a Variance TO ALLOW AN 11-FOOT
CORNER SIDE YARD SETBACK WHERE 15 FEET IS REQUIRED FOR A PREVIOUSLY
APPROVED CONVALESCENT CARE FACILITY/NURSING HOME on 0.83 acres at the
southwest corner of Elkhorn Road and Jones Boulevard (APN 125-23-502-008), R-E (Residence
Estates) Zone, Ward 6 (Ross) [PRJ-58468]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-59050 and SDR-59051 [PRJ-58468]
2. Conditions and Staff Report - VAR-59050 and SDR-59051 [PRJ-58468]
3. Supporting Documentation - VAR-59050 and SDR-59051 [PRJ-58468]
4. Photo(s) - VAR-59050 and SDR-59051 [PRJ-58468]
5. Justification Letter - VAR-59050 and SDR-59051 [PRJ-58468]
6. Protest Postcard - VAR-59050 and SDR-59051 [PRJ-58468]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-59050
SDR-59051
RECOMMENDATION
Staff recommends APPROVAL, subject to conditions:
Staff recommends APPROVAL, subject to conditions:
REQUIRED FOR
APPROVAL
VAR-59050
** CONDITIONS **
VAR-59050 CONDITIONS
Planning
1.
Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-59051) 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.
YK
SDR-59051 CONDITIONS
Planning
1.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
All development shall be in conformance with the site plan, landscape plan, date stamped
04/23/15, except as amended by conditions herein.
4.
5.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
6.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
7.
8.
A fully operational fire protection system, including fire apparatus roads, fire hydrants and
water supply, shall be installed and shall be functioning prior to construction of any
combustible structures.
9.
All City Code requirements and design standards of all City Departments must be satisfied,
except as modified herein.
Public Works
10.
Dedicate an additional five feet of right-of-way, where such does not exist, on Elkhorn
Road prior to approval of construction drawings for this site.
YK
11.
12.
Meet with the Fire Protection Engineering Section of the Department of Fire Services to
discuss fire requirements for this Site Plan Prior to submittal of construction drawings for
this site.
13.
Contact the City Engineers Office at 702-229-6272 to coordinate the development of this
project with the Las Vegas Bike Lanes project and any other public improvement
projects adjacent to this site. Comply with the recommendations of the City Engineer.
14.
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.
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.
YK
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is proposing to revise a previously approved 24-bed Convalescent Care
Facility/Nursing Home on the southwest corner of Elkhorn Road and Jones Boulevard on an R-E
(Residence Estates) zoned parcel. This request is the result of a survey that revealed a wider
right-of-way along the portion of Jones Boulevard that abuts this parcel on the east. A Variance
to reduce the corner side yard setback is now required along with a Waiver for a reduced
landscape buffer width. The parcel is currently undeveloped and the proposed revisions conform
to all City of Las Vegas code requirements aside from the Variance and the landscape buffer
Waiver, that staff supports. The project will remain an appropriate buffer between the two
primary arterial streets and the adjacent residential properties to the west and south. For these
reasons, staff recommends approval. If denied, no building permits or business license could be
issued for a Convalescent Care Facility/Nursing Home use on the site.
ISSUES
x
x
A Variance is required to allow an 11-foot corner yard setback where 15 feet is required
for an approved Convalescent Care Facility/Nursing Home. Staff supports this request as
the right-of-way width was larger than City of Las Vegas records indicated.
A Waiver is required to allow no perimeter landscape buffer along portions of the east
perimeter as a result of the wider right-of-way. Staff supports this request.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved the request to Annex (ANX-27333) 0.83 acres
located at the southwest corner of Jones Boulevard and Elkhorn Road. The
06/18/08
effective date was 07/16/08.
The Planning Commission approved a motion to Table a request to amend the
land use (GPA-32557) from DR (Desert Rural Density Residential) to SC
(Service Commercial), a Rezoning (ZON-32556) from U (Undeveloped) to C1 (Limited Commercial), a Variance (VAR-32575) to allow a 12-foot rear
yard setback where 20 feet is required, a Variance (VAR-32570) to allow 28
02/12/09
parking spaces where 40 is required and no loading zone, and a Site
Development Plan Review (SDR-32569) for a proposed 7,000 square-foot
convenience store with multiple landscape waivers. Staff recommended
denial.
YK
Pre-Application Meeting
Staff met with the applicant and reviewed the requirements for a Variance and
03/23/15
Site Development Plan Review needed to allow for a wider right-of-way on
Jones Boulevard than records initially indicated.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
04/30/15
Staff visited the site and found a make-shift tent with two men selling palm
hats. There were weeds and signs on the site.
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Surrounding
Property
Subject Property
North
Single-Family,
Detached
South
Single-Family,
Detached
East
Undeveloped
West
Single-Family,
Detached
Planned or Special
Land Use Designation
DR (Desert Rural
Density Residential)
DR (Desert Rural
Density Residential)
RN (Rural
Neighborhood) Clark
County
R (Rural Density
Residential)
RN (Rural
Neighborhood) Clark
County
Compliance
N/A
Compliance
N/A
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to Title 19.06.060, the following standards apply:
Standard
Required/Allowed
Min. Lot Size
20,000 SF
Min. Lot Width
100 Feet
Min. Setbacks
50 Feet
x Front
Provided
36,155 SF
130 Feet
Compliance
Y
Y
75 Feet
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Standard
x Side
x Corner
x Rear
Max. Building Height
Trash Enclosure
Mech. Equipment
Min. Lot Size
Min. Lot Width
Required/Allowed
10 Feet
15 Feet
35 Feet
35 Feet
Screened, Gated, w/ a
Roof or Trellis
Screened
20,000 SF
100 Feet
Provided
10 Feet
15 Feet
35. Feet
20 Feet
Screened, Gated,
w/ a Roof or
Trellis by
condition
Screened
36,155 SF
130 Feet
Required/Allowed
60 Feet
N/A
50 Feet
Provided
10 Feet
N/A
81 Feet
Compliance
Y
Y
Y
Y
Y
Y
Y
Y
Compliance
N
N/A
Y
Compliance
Y
Y
Y
Y
Y
N*
Y
Y
Y
Y
N/A
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Elkhorn Road
Functional
Classification of
Street(s)
Primary Arterial
Jones Boulevard
Primary Arterial
Street Name
Governing Document
Planned Streets and
Highways
Planned Streets and
Highways
Actual
Street Width
(Feet)
100
Compliance
with Street
Section
Y
105
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross
Required
Provided
Compliance
Floor
Parking
Parking
Use
Area or
Parking Ratio
HandiHandiNumber
Regular
Regular
capped
capped
of Units
One space for
each 6 beds,
plus one space
for each
Convalescent
employee on
Care
24-Beds
14
the largest shift,
Facility/Nursi
plus 3 spaces
ng Home
for use by
medical
professionals.
14
14
Y
TOTAL SPACES REQUIRED
13
1
12
2
Y
Regular and Handicap Spaces Required
Waivers
Requirement
To install a 15-foot wide
perimeter landscape buffer
adjacent to a right-of-way.
Request
To allow a zero to an 11-foot wide
perimeter landscape buffer
adjacent to Jones Boulevard rightof-way.
Staff Recommendation
Approval
ANALYSIS
The applicant has submitted these applications as a result of a mapping error on City of Las
Vegas maps. The error was discovered by a private survey firm preparing the site for a
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previously approved Convalescent Care Facility/Nursing Home use. These applications will
allow the previously approve project to be developed as planned with the greater Jones
Boulevard right-of-way.
Specifically, the right-of-way width precipitates the need for a Variance to reduce the east corner
side yard setback by five feet, which will result in the need to allow a building to have an 11-foot
wide setback where 15 feet is required. Furthermore, the right-of-way width requires the Site
Development Plan Review to be amended as it results in the need for a reduced perimeter
landscape buffer Waiver. Although the bus turnout is exempted from the landscape buffer
requirement, the Waiver would allow a zero to an 11-foot wide corner perimeter landscape
buffer, where 15-foot is required along other sections of the east perimeter. Although this is an
R-E (Residence Estates) zoned residential parcel, commercial development standards apply for
commercial-like developments such as a Convalescent Care Facility/Nursing Home.
Except for the adjustments required for the greater Jones Boulevard right-of-way, the project
remains to be developed as previously approved. As a result, all conditions of approvals for the
applications approved by City Council on 06/10/14 will remain, except as modified by these
applications. Since this project is essentially the same project as previously approved and the
adjustments being considered with these requests do not change the overall nature of the project
or its effect on the adjacent residential properties, staff recommends approval, with conditions.
FINDINGS (VAR-59050)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council,
in considering the merits of a Variance request, shall not grant a Variance in order to:
1.
2.
3.
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Evidence of a unique or extraordinary circumstance has been presented, in that the applicant has
created a self-imposed hardship by as the project was developed in good faith according to
official City records and maps. The project would fail if required to conformance to the Title 19
requirements at this time. In view of the inaccurate records and maps, the hardship created was
not preferential in nature, and it is thereby within the realm of NRS Chapter 278 for granting of
Variances.
FINDINGS (SDR-59051)
In order to approve a Site Development Plan application, per Title 19.16.100(E) the Planning
Commission and/or City Council must affirm the following:
1.
2.
The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other dulyadopted city plans, policies and standards;
Aside from the Variance and Waiver, this project meets all code requirements for a
Convalescent Care Facility/Nursing Home use. The Variance is required due to the nonconforming corner side yard setback created as a result of the increased width of Jones
Boulevard right-of-way. The associated Waiver is also a result of this condition. Staff
supports these requests.
3.
4.
Building and landscape materials are appropriate for the area and for the City;
The building and landscape materials are commonly found in this area of the City and are
appropriate for the area.
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5.
6.
Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
The proposed development is subject to regular City inspections for building and
licensing and will therefore not compromise the public health, safety, and welfare.
NOTICES MAILED
92
APPROVALS
PROTESTS
23
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VAR-59050
VAR-59050
Discussion
SUBJECT:
SDR-59051 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-59050 - PUBLIC
HEARING - APPLICANT/ OWNER: VICTOR HECKER, ET AL - For possible action on a
request for a Major Amendment to a previously approved Site Development Plan Review (SDR53497) FOR A 24-BED CONVALESCENT CARE FACILITY/NURSING HOME WITH A
WAIVER TO ALLOW A ZERO-FOOT TO 11-FOOT LANDSCAPE BUFFER ALONG THE
EAST PERIMETER WHERE 15 FEET IS REQUIRED on 0.83 acres at the southwest corner of
Elkhorn Road and Jones Boulevard (APN 125-23-502-008), R-E (Residence Estates) Zone,
Ward 6 (Ross) [PRJ-58468]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
SDR-59051
SDR-59051
Discussion
SUBJECT:
VAR-59053 - VARIANCE - PUBLIC HEARING - APPLICANT: SOUTHWEST
SPECIALTIES, INC. - OWNER: PRESTIGE WORLDWIDE, LLC - For possible action on a
request for a Variance TO ALLOW NO SIDEWALK, CURB AND GUTTER, WHERE SUCH
ARE REQUIRED on 0.62 acres at 4505 Balsam Street (APN 138-03-602-008), M (Industrial)
Zone, Ward 4 (Anthony) [PRJ-58589]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-59053 and ROC-59056 [PRJ-58589]
2. Conditions and Staff Report - VAR-59053 and ROC-59056 [PRJ-58589]
3. Supporting Documentation - VAR-59053 and ROC-59056 [PRJ-58589]
4. Photo(s) - VAR-59053 and ROC-59056 [PRJ-58589]
5. Justification Letter
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
RECOMMENDATION
VAR-59053
ROC-59056
REQUIRED FOR
APPROVAL
N/A
** CONDITIONS **
VAR-59053 CONDITIONS
Planning
1.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Chapter 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 LVMC 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.
JG
Public Works
6.
Sign a Covenant Running with Land agreement for the possible future installation of halfstreet improvements per City Standards (including curb and gutter, sidewalks, permanent
paving and possibly fire hydrants and sewers) on Balsam Street adjacent to this site. The
Covenant agreement must be recorded with the County Recorder and a copy of the
recorded document must be provided to the prior to the issuance of a certificate of
occupancy for this site.
ROC-59056 CONDITIONS
Planning
1.
Conformance to the conditions of approval for Site Development Plan Review (SDR50483), except as amended herein.
Public Works
2.
Condition #14 of SDR-50483 shall be replaced with the following condition: Sign a
Covenant Running with Land agreement for the possible future installation of half-street
improvements per City Standards (including curb and gutter, sidewalks, permanent paving
and possibly fire hydrants and sewers) on Balsam Street adjacent to this site. The
Covenant agreement must be recorded with the County Recorder and a copy of the
recorded document must be provided to the prior to the issuance of a certificate of
occupancy for this site.
3.
Condition of Approval #17 shall be revised to read: Prior to the issuance of any permits for
this site, meet with the Southern Nevada Health District (SNHD) to determine the limits of
asphalt and parking for the area over the Individual Sewage Disposal System (ISDS). This
area shall be posted No Parking as long as the ISDS is still operating. If this site cannot
meet SNHD requirements for the existing commercial ISDS permit, this site shall connect
to public sewer in Red Coach Avenue and abandon the Individual Sewage Disposal System
(ISDS) according to SNHD regulations prior to the issuance of a certificate of occupancy
for this site.
JG
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting a Variance to allow no sidewalk, curb and gutter, where these
improvements are required and a companion Review of Condition of a previously approved Site
Development Plan Review (SDR-50483) to delete Condition #14 which states, Construct all
incomplete half-street improvements adjacent to this site, and remove all existing substandard
street improvements and unused driveway cuts adjacent to this site and replace with new
improvements meeting current City Standards within two years from the date of this approval.
In addition Condition #17 is requested for deletion and states, This site shall connect to public
sewer in Red Coach Avenue and abandon the Individual Sewage Disposal System (ISDS)
according to SNHD regulations prior to the issuance of a certificate of occupancy for this site at
4505 Balsam Street. If these applications are denied the applicant must bring the subject site in
compliance with Conditions #14 and #17 of Site Development Plan Review (SDR-50483) to
obtain a Certificate of Occupancy.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a Petition to Annex (ANX-23635) approximately
0.62 acres at 4505 Balsam Street. The Planning Commission and The
Department of Planning staff recommended approval. The annexation
12/19/07
became effective 12/28/07 and the zoning district was established as R-E
(Residence Estates).
A code enforcement case (63536) was processed for running a construction
03/18/08
company out of a residence at 4505 Balsam Street. The case was resolved on
03/21/08.
The City Council approved a General Plan Amendment (GPA-28388) from O
(Office) to LI/R (Light Industry/Research) on this site as part of a larger
request. The Planning Commission recommended approval and the
Department of Planning staff recommended denial.
08/20/08
The City Council approved a Rezoning (ZON-28389) from R-E (Residence
Estates) to M (Industrial) on this site as part of a larger request. The Planning
Commission recommended approval and the Department of Planning staff
recommended denial.
JG
Pre-Application Meeting
A pre-application meeting was held with the applicants representative and
the submittal requirements for a Variance and Review of Condition to delete
03/31/15
conditions #14 and #17 of Site Development Plan Review (SDR-50483) were
discussed.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
04/28/15
Staff conducted a field check of the subject site and found a Contractors
Plant, Shop and Storage Yard with no completed half-street improvements.
Surrounding
Property
Subject Property
Planned or Special
Land Use Designation
LI/R (Light
Industry/Research)
M (Industrial)
JG
Surrounding
Property
North
South
East
West
Planned or Special
Land Use Designation
LI/R (Light
Industry/Research)
M (Industrial)
SC (Service
Commercial)
LI/R (Light
Industry/Research)
C-1 (Limited
Commercial)
C-PB (Planned Business
Park)
ROW (Right-of-Way)
ROW (Right-of-Way)
Compliance
N/A
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
ANALYSIS
The applicant is requesting a Variance to allow no sidewalk, curb and gutter, where these
improvements are required and a companion Review of Condition of a previously approved Site
Development Plan Review (SDR-50483) to delete Condition #14 which states, Construct all
incomplete half-street improvements adjacent to this site, and remove all existing substandard
street improvements and unused driveway cuts adjacent to this site and replace with new
improvements meeting current City Standards within two years from the date of this approval.
In addition Condition #17 is requested for deletion and states, This site shall connect to public
sewer in Red Coach Avenue and abandon the Individual Sewage Disposal System (ISDS)
according to SNHD regulations prior to the issuance of a certificate of occupancy for this site at
4505 Balsam Street. The applicant stated in their justification letter that installing the
improvements is cost prohibitive for the small business owner, who thought that she had
purchased an operational property. The applicant has an ongoing code enforcement case related
to the noncompliance of Condition #14 of Site Development Plan Review (SDR-50483), which
required the construction of half-street improvements adjacent to this site.
The Public Works Department has provided the following comments:
JG
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 of Las Vegas Public Works Department has been in correspondence with the
Southern Nevada Health District regarding the Individual Sewage Disposal System
(ISDS) and found that the existing ISDS is commercial and this site can continue to use
it until it fails. However, per the guidelines for an ISDS, asphalt is prohibited over the
ISDS and therefore, the parking for this site may be impacted.
Although half street improvements are scarce in this area, the City is currently working on
building complete streets throughout the City. The mini-storage site to the south was
required to construct half street improvements adjacent to its site several years ago and
Somerset Academy is currently constructing half street improvements directly across the
street from this site. These previous projects have set the precedent for requiring complete
half street improvements adjacent to this site. Therefore, Public Works recommends denial
of this portion of the application.
FINDINGS
The subject Contractors Plant, Shop and Storage Yard was approved by the Planning Commission
on September 10, 2013. The proposed Variance and removal of Conditions #14 and #17 are not
appropriate as the applicants representatives agreed to the conditions of approval of Site
Development Plan Review (SDR-50483). Therefore, staff recommends denial of these requests.
NOTICES MAILED
138
APPROVALS
PROTESTS
26
JG
VAR-59053
VAR-59053
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-APPLICANT:
04/28/15
SOUTHWEST
-APPLICANT:
04/28/15
SOUTHWEST
VAR-59053
Discussion
SUBJECT:
ROC-59056 - REVIEW OF CONDITION RELATED TO VAR-59053 - PUBLIC HEARING APPLICANT: SOUTHWEST SPECIALTIES, INC. - OWNER: PRESTIGE WORLDWIDE,
LLC - For possible action on a request for a Review of Condition of an approved Site
Development Plan Review (SDR-50483) TO DELETE CONDITION #14 WHICH STATES,
"CONSTRUCT ALL INCOMPLETE HALF-STREET IMPROVEMENTS ADJACENT TO
THIS SITE, AND REMOVE ALL EXISTING SUBSTANDARD STREET IMPROVEMENTS
AND UNUSED DRIVEWAY CUTS ADJACENT TO THIS SITE AND REPLACE WITH
NEW IMPROVEMENTS MEETING CURRENT CITY STANDARDS WITHIN TWO YEARS
FROM THE DATE OF THIS APPROVAL" AND TO DELETE CONDITION #17 WHICH
STATES, "THIS SITE SHALL CONNECT TO PUBLIC SEWER IN RED COACH AVENUE
AND ABANDON THE INDIVIDUAL SEWAGE DISPOSAL SYSTEM (ISDS) ACCORDING
TO SNHD REGULATIONS PRIOR TO THE ISSUANCE OF A CERTIFICATE OF
OCCUPANCY FOR THIS SITE" on 0.62 acres at 4505 Balsam Street (APN 138-03-602-008),
M (Industrial) Zone, Ward 4 (Anthony) [PRJ-58589]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Back up
2. Supporting Documentation
3. Justification Letter
4. Action Letter for SDR-50483 [PRJ-50428]
ROC-59056
ROC-59056
ROC-59056
ROC-59056
ROC-59056
ROC-59056
Discussion
SUBJECT:
VAR-59057 - VARIANCE - PUBLIC HEARING - APPLICANT: CONCRETE SOLUTIONS OWNER: JAIME LOPEZ AND REFUGIO ESPINOZA LOPEZ - For possible action on a
request for a Variance TO ALLOW NO SIDEWALK, CURB AND GUTTER, WHERE SUCH
ARE REQUIRED on 0.61 acres at 4515 Balsam Street (APN 138-03-602-007), M (Industrial)
Zone, Ward 4 (Anthony) [PRJ-58590]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-59057 and ROC-59058 [PRJ-58590]
2. Conditions and Staff Report - VAR-59057 and ROC-59058 [PRJ-58590]
3. Supporting Documentation - VAR-59057 and ROC-59058 [PRJ-58590]
4. Photo(s) - VAR-59057 and ROC-59058 [PRJ-58590]
5. Justification Letter
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
RECOMMENDATION
VAR-59057
ROC-58058
REQUIRED FOR
APPROVAL
N/A
** CONDITIONS **
VAR-59057 CONDITIONS
Planning
1.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Chapter 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 LVMC 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.
JG
Public Works
6.
Sign a Covenant Running with Land agreement for the possible future installation of halfstreet improvements per City Standards (including curb and gutter, sidewalks, permanent
paving and possibly fire hydrants and sewers) on Balsam Street adjacent to this site. The
Covenant agreement must be recorded with the County Recorder and a copy of the
recorded document must be provided to the prior to the issuance of a certificate of
occupancy for this site.
ROC-59058 CONDITIONS
Planning
1.
Conformance to the Conditions of Approval of Site Development Plan Review (SDR48826), except as amended herein.
Public Works
2.
Condition #13 of SDR-48826 shall be replaced with the following condition: Sign a
Covenant Running with Land agreement for the possible future installation of half-street
improvements per City Standards (including curb and gutter, sidewalks, permanent paving
and possibly fire hydrants and sewers) on Balsam Street adjacent to this site. The
Covenant agreement must be recorded with the County Recorder and a copy of the
recorded document must be provided to the prior to the issuance of a certificate of
occupancy for this site.
3.
Condition of Approval #16 shall be revised to read: Prior to the issuance of any permits for
this site, meet with the Southern Nevada Health District (SNHD) to determine if an
upgrade of the existing residential Individual Sewage Disposal System (ISDS) is allowed
and also to determine the limits of asphalt and parking for the area over the ISDS. This
area shall be posted No Parking as long as the ISDS is still operating. If this site cannot
meet SNHD requirements for a commercial ISDS permit, this site shall connect to public
sewer in Red Coach Avenue and abandon the Individual Sewage Disposal System (ISDS)
according to SNHD regulations prior to the issuance of a certificate of occupancy for this
site.
JG
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting a Variance to allow no sidewalk, curb and gutter, where these
improvements are required and a companion Review of Condition of a previously approved Site
Development Plan Review (SDR-48826) to delete Condition #13 which states, Construct all
incomplete half-street improvements adjacent to this site, and remove all existing substandard
street improvements and unused driveway cuts adjacent to this site and replace with new
improvements meeting current City Standards within two years from the date of this approval.
In addition Condition #16 is requested for deletion and states, This site shall connect to public
sewer in Red Coach Avenue and abandon the Individual Sewage Disposal System (ISDS)
according to SNHD regulations prior to the issuance of a certificate of occupancy for this site at
4515 Balsam Street. If these applications are denied the applicant must bring the subject site in
compliance with Conditions #13 and #16 of Site Development Plan Review (SDR-48826) to
obtain a Certificate of Occupancy.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved an Annexation (ANX-23639) for a petition to
Annex property at 4515 Balsam Street, containing approximately 0.61 acres.
12/19/07
The Planning Commission and the Department of Planning staff
recommended approval of the request. The effective date of the Annexation
was 12/28/07.
A Code Enforcement case (#62799) was processed for a business being run
02/27/08
out of an existing residence at 4515 Balsam Street. The case was resolved on
09/04/08.
The City Council approved a General Plan Amendment (GPA-28388) from O
(Office) to LI/R (Light Industry/Research) on this site as part of a larger
request. The Planning Commission recommended approval and the
Department of Planning staff recommended denial.
08/20/08
The City Council approved a Rezoning (ZON-28389) from R-E (Residence
Estates) to M (Industrial) on this site as part of a larger request. The Planning
Commission recommended approval and the Department of Planning staff
recommended denial.
JG
JG
JG
Pre-Application Meeting
A pre-application meeting was held with the applicants representative and
the submittal requirements for a Variance and Review of Condition to delete
03/31/15
conditions #13 and #16 of Site Development Plan Review (SDR-48826) were
discussed.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
04/28/15
Staff conducted a field check of the subject site and found a Contractors
Plant, Shop and Storage Yard with no completed half-street improvements,
multiple vehicles and trailers in front of the building and an unpermitted sign
for auto sales.
Surrounding
Property
Planned or Special
Land Use Designation
LI/R (Light
Industry/Research)
M (Industrial)
North
Single Family
Residential
OP (Office Professional
Clark County)
South
Contractors Plant,
Shop and Storage
Yard
LI/R (Light
Industry/Research)
M (Industrial)
Subject Property
JG
Surrounding
Property
East
West
Planned or Special
Land Use Designation
LI/R (Light
Industry/Research)
ROW (Right-of-Way)
Compliance
N/A
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
ANALYSIS
The applicant is requesting a Variance to allow no sidewalk, curb and gutter, where these
improvements are required and a companion Review of Condition of a previously approved Site
Development Plan Review (SDR-48826) to delete Condition #13 which states, Construct all
incomplete half-street improvements adjacent to this site, and remove all existing substandard
street improvements and unused driveway cuts adjacent to this site and replace with new
improvements meeting current City Standards within two years from the date of this approval.
In addition Condition #16 is requested for deletion and states, This site shall connect to public
sewer in Red Coach Avenue and abandon the Individual Sewage Disposal System (ISDS)
according to SNHD regulations prior to the issuance of a certificate of occupancy for this site at
4505 Balsam Street. The applicant stated in their justification letter that installing the
improvements is cost prohibitive for the small business owner, who thought that he had
purchased an operational property. The applicant has an ongoing code enforcement case related
to the noncompliance of Condition #13 of Site Development Plan Review (SDR-48826), which
required the construction of half-street improvements adjacent to this site.
The Public Works Department has provided the following comments:
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.
JG
Although half street improvements are scarce in this area, the City is currently working
on building complete streets throughout the City. The mini-storage site to the south
was required to construct half street improvements adjacent to its site several years ago
and Somerset Academy is currently constructing half street improvements directly
across the street from this site. These previous projects have set the precedent for
requiring complete half street improvements adjacent to this site. Therefore, Public
Works recommends denial of this portion of the application.
The City of Las Vegas Public Works Department has been in correspondence with the
Southern Nevada Health District regarding the Individual Sewage Disposal System (ISDS)
and found that the existing ISDS is insufficient for commercial use. Therefore, Public
Works recommends denial of this portion of the application.
FINDINGS
The subject Contractors Plant, Shop and Storage Yard was approved by the Planning Commission
on June 11, 2013. The proposed Variance and removal of Conditions #13 and #16 are not
appropriate as the applicants representatives agreed to the conditions of approval of Site
Development Plan Review (SDR-48826). Therefore, staff recommends denial of these requests.
NOTICES MAILED
128
APPROVALS
PROTESTS
26
JG
VAR-59057
VAR-59057
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VAR-59057 [PRJ-58590] - VARIANCE RELATED TO ROC-59058 -APPLICANT: CONCRETE SOLUTIONS OWNER: JAIME LOPEZ AND REFUGIO ESPINOZA LOPEZ
4515 BALSAM STREET
04/28/15
VAR-59057 [PRJ-58590] - VARIANCE RELATED TO ROC-59058 -APPLICANT: CONCRETE SOLUTIONS OWNER: JAIME LOPEZ AND REFUGIO ESPINOZA LOPEZ
4515 BALSAM STREET
04/28/15
VAR-59057
Discussion
SUBJECT:
ROC-59058 - REVIEW OF CONDITION RELATED TO VAR-59057 - PUBLIC HEARING APPLICANT: CONCRETE SOLUTIONS - OWNER: JAIME LOPEZ AND REFUGIO
ESPINOZA LOPEZ - For possible action on a request for a Review of Condition of an approved
Site Development Plan Review (SDR-48826) TO DELETE CONDITION #13 WHICH
STATES, "CONSTRUCT ALL INCOMPLETE HALF-STREET IMPROVEMENTS
ADJACENT TO THIS SITE, AND REMOVE ALL EXISTING SUBSTANDARD STREET
IMPROVEMENTS AND UNUSED DRIVEWAY CUTS ADJACENT TO THIS SITE AND
REPLACE WITH NEW IMPROVEMENTS MEETING CURRENT CITY STANDARDS
WITHIN TWO YEARS FROM THE DATE OF THIS APPROVAL" AND TO DELETE
CONDITION #16 WHICH STATES, "THIS SITE SHALL CONNECT TO PUBLIC SEWER
IN RED COACH AVENUE AND ABANDON THE INDIVIDUAL SEWAGE DISPOSAL
SYSTEM (ISDS) ACCORDING TO SNHD REGULATIONS PRIOR TO THE ISSUANCE OF
A CERTIFICATE OF OCCUPANCY FOR THIS SITE" on 0.61 acres at 4515 Balsam Street
(APN 138-03-602-007), M (Industrial) Zone, Ward 4 (Anthony) [PRJ-58590].
Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Justification Letter
4. Action Letter for SDR-48826
ROC-59058
ROC-59058
ROC-59058
ROC-59058
ROC-59058
ROC-59058
ROC-59058
Discussion
SUBJECT:
VAR-58494 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: Y & B
INVESTMENTS, LLC - For possible action on a request for a Variance TO ALLOW ZERO
ADDITIONAL PARKING SPACES WHERE FIVE ADDITIONAL SPACES ARE
REQUIRED on 0.54 acres at 2521 South Fort Apache Road (APN 163-07-501-012), C-1
(Limited Commercial) Zone, Ward 2 (Beers) [PRJ-58394]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
VAR-58494 (PRJ-58394)
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-58494
RECOMMENDATION
REQUIRED FOR
APPROVAL
** CONDITIONS **
VAR-58494 CONDITIONS
Planning
1.
Conformance to the approved conditions for Rezoning and Plot Plan Review [Z-007686(15)].
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.
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.
GK
VAR-58494 (PRJ-58394)
Staff Report Page One
May 12, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting a Variance to allow zero additional parking spaces where five spaces
are required for the expansion of an existing restaurant use at 2521 South Fort Apache Road,
Suite #102. Currently, the 4,910 square-foot commercial building is parking impaired and
consists of one office space and three restaurant uses. The applicant is requesting to expand an
existing 840 square-foot restaurant use, located within suite #102, into the adjacent suite #103,
which was previously occupied by a General Personal Service use (Dry Cleaners). According to
Title 19, a restaurant use has a more intense parking requirement than that of the previous
General Personal Service use. The proposed Variance request would account for the increase in
parking that is required, or five additional parking spaces. The proposed Variance is selfimposed as the proposed expansion to the restaurant use is too intense for the site to
accommodate; therefore, staff recommends denial. If the application is denied, the existing
restaurant use could not expand into the adjacent suite.
ISSUES
x
A Variance is required to allow zero additional parking spaces where 5 parking spaces
are required.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a request for Rezoning (Z-0076-86) from N-U
(Non-Urban) to R-PD6 (Residential Planned Development 6 Units per
Acre), R-PD20 (Residential Planned Development 20 Units per Acre) and
C-1 (Limited Commercial) on property bounded by Desert Inn Road on the
11/05/86
south, Fort Apache Road on the east, Sahara Avenue on the north and
Hualapai Way on the west. The Planning Commission and staff recommended
approval.
The Planning Commission approved a Plot Plan Review [Z-0076-86(15)] for
a 4,915 square-foot general retail building located on the west side of Fort
05/27/93
Apache Road, approximately 360 feet south of Sahara Avenue. Staff
recommended approval.
The Planning Commission approved a request for a Plot Plan Review (Z0076-86(16)] for a 10,000 square-foot office building located on the west side
08/26/93
of Fort Apache Road, approximately 360 feet south of Sahara Avenue. Staff
recommended approval.
GK
VAR-58494 (PRJ-58394)
Staff Report Page Two
May 12, 2015 - Planning Commission Meeting
Pre-Application Meeting
Staff conducted a pre-application meeting with the representative to discuss
the proposed parking Variance. The representative stated that the subject site
03/18/15
consisted of three restaurants and an office space. Staff concluded that only
the office use had an active business license and that a parking Variance
would be required to locate three additional restaurant uses on the subject site.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
GK
VAR-58494 (PRJ-58394)
Staff Report Page Three
May 12, 2015 - Planning Commission Meeting
Field Check
04/30/15
Staff conducted a routine field check and noted three restaurant uses, an office
use, and a vacant tenant space within a commercial building at 2521 South
Fort Apache Road.
Surrounding
Property
Subject Property
North
General Retail
South
Individual Care
Center
East
General Retail
West
Planned or Special
Land Use Designation
SC (Service
Commercial)
C-1 (Limited
Commercial)
SC (Service
Commercial)
SC (Service
Commercial)
SC (Service
Commercial)
SC (Service
Commercial)
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)
Compliance
N/A
Compliance
N/A
Compliance
Y
N/A
N/A
N/A
N/A
GK
VAR-58494 (PRJ-58394)
Staff Report Page Four
May 12, 2015 - Planning Commission Meeting
DEVELOPMENT STANDARDS
Street Name
Functional
Classification of
Street(s)
Primary Arterial
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
100 Feet
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
899 SF
1:50 SF
18
Dining Area
Restaurant
609 SF
Suite #100
Remaining
1:200 SF
4
GFA
220 SF
1:50 SF
5
Dining Area
Restaurant
617
Suite #101
1:200 SF
4
Remaining
GFA
365 SF
1:50 SF
-8
Dining Area
Existing
Restaurant
475 SF
Suite #102
1:200 SF
-3
Remaining
GFA
General
Personal
Service #103
1,000 SF
1:250 SF
-4
(Out of
business)
Proposed
632 SF
1:50 SF
Restaurant
Expansion
20
#102 and
1,208 SF
1:200 SF
#103
Office, Other
Than Listed
725 SF
1:300 SF
3
Suite #104
GK
VAR-58494 (PRJ-58394)
Staff Report Page Five
May 12, 2015 - Planning Commission Meeting
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
54
28
N*
TOTAL SPACES REQUIRED
51
3
26
2
N*
Regular and Handicap Spaces Required
Percent Deviation
48%
*The site is parking impaired. Currently, the subject site requires 49 parking spaces while
providing 28 spaces. The proposed restaurant expansion increases the parking impairment by
five spaces, which requires the Variance.
ANALYSIS
In 1993, the City Council approved a Plot Plan Review [Z-0076-86(15)] for a 4,910 square-foot
general retail building with 28 parking spaces at 2125 South Fort Apache Road. Since the
original approval, the subject site has consisted of a mixture of restaurant and office uses within
five existing tenant spaces. As recently as 2014, the subject site had active business licenses for
three restaurant uses, an office use, and a general personal service use. According to Title 19.18,
the subject site is considered parking impaired, as the five uses required 49 parking spaces while
only 28 spaces were provided.
On 11/28/14, the general personal service use (dry cleaners), located within suite #103 was
marked out of business. The applicant is requesting to expand an existing 840 square-foot
restaurant use, located within suite #102, into the adjacent vacant suite #103, which was
previously occupied by a General Personal Service use (Dry Cleaners). The proposed restaurant
use would occupy two suites totaling 1,840 square feet.
According to Title 19.12, a restaurant use has a more intense parking requirement than that of the
previous General Personal Service use. The existing restaurant use proposes to expand and
remodel resulting in 632 square feet of dining area and 1,208 square feet of remaining gross floor
area, which requires 20 parking spaces. In total, the subject site would be required to provide 54
parking spaces, which is an additional five parking spaces. According to Title
19.18.030(D)(1)(b), any remodeling, alteration, or expansion of a parking-impaired development
that requires an increase in the number of required parking spaces, including the expansion of
existing buildings or the construction of new buildings, only the increased number of parking
spaces shall be required. Therefore, the applicant is requesting a Variance to account for the
increase in parking that is required as a result of the change in use within suite #103, or five
additional parking spaces.
GK
VAR-58494 (PRJ-58394)
Staff Report Page Six
May 12, 2015 - Planning Commission Meeting
The proposed Variance is self-imposed as the proposed expansion to the restaurant use is too
intense for the site to accommodate; therefore, staff recommends denial. If the application is
denied, the existing restaurant use could not expand into the adjacent suite.
FINDINGS (VAR-58494)
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.
607
APPROVALS
PROTESTS
14
GK
VAR-58494
VAR-58494
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VAR-58494 - REVISED
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VAR-58494
Discussion
SUBJECT:
WVR-59211 - WAIVER - PUBLIC HEARING - APPLICANT/OWNER: CRAIG JOHNSON For possible action on a request for a Waiver TO ALLOW NO STREETLIGHTS WHERE
SUCH ARE REQUIRED on 0.91 acres at the northeast corner of Tropical Parkway and Monte
Cristo Way (APN 125-27-203-011), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-58883].
Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - WVR-59211, VAR-59031 and VAR-59029 [PRJ-58883]
2. Conditions and Staff Report - WVR-59211, VAR-59031 and VAR-59029 [PRJ-58883]
3. Supporting Documentation - WVR-59211, VAR-59031 and VAR-59029 [PRJ-58883]
4. Photo(s) - WVR-59211, VAR-59031 and VAR-59029 [PRJ-58883]
5. Justification Letter - WVR-59211, VAR-59031 and VAR-59029 [PRJ-58883]
6. Protest and Support Postcards - WVR-59211 and VAR-59031 [PRJ-58883]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
WVR-59211
VAR-59029
VAR-59031
RECOMMENDATION
REQUIRED FOR
APPROVAL
** CONDITIONS **
WVR-59211 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.
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
Public Works
6.
Sign a Covenant Running with Land agreement for the possible future installation of halfstreet improvements per City Standards (including curb and gutter, sidewalks, permanent
paving, streetlights and possibly fire hydrants and sewers) on Tropical Parkway and Monti
Cristo Way adjacent to this site. The Covenant agreement must be recorded with the
County Recorder and a copy of the recorded document must be provided to the prior to the
issuance of a certificate of occupancy for this site.
VAR-59029 CONDITIONS
Planning
1.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
2.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
3.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
4.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
VAR-59031 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.
JB
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 a Covenant Running with Land agreement for the possible future installation of halfstreet improvements per City Standards (including curb and gutter, sidewalks, permanent
paving, streetlights and possibly fire hydrants and sewers) on Tropical Parkway and Monti
Cristo Way adjacent to this site. The Covenant agreement must be recorded with the
County Recorder and a copy of the recorded document must be provided to the prior to the
issuance of a certificate of occupancy for this site.
JB
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Variance to allow a single-family detached dwelling with a 20-foot front
yard setback where 50 feet is the minimum allowed by Title 19.06.060 development standards.
In addition, the applicant has also requested a Waiver of Title 19.02.240 and Variance of Title
19.04 Complete Street development standards; to allow no half-street improvements, including
amenity zone, sidewalk and streetlights to the right-of-way along Monte Cristo Way and
Tropical Parkway. The site is located at the northeast corner of Tropical Parkway and Monte
Cristo Way, within an R-E (Residence Estates) zoning district. No unique or extraordinary
evidence has been presented to warrant the requested Variance. As such, the hardship is selfimposed and; therefore, staff recommends denial of this request.
ISSUES
x
x
x
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a petition to Annex (ANX-57239) 0.91 acres at
03/18/15
the Northeast Corner of Tropical Parkway and Monte Cristo Way.
The Department of Planning accepted a Parcel Map (PMP-58508) for
processing for reversion to acreage of two lots on 0.91 acres at the northeast
03/25/15
corner of Tropical Parkway and Monte Cristo Way. The map was recorded on
04/29/15.
JB
Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the submittal
requirements for a Waiver and two Variance applications. For a proposed
04/15/15
single-family dwelling that is located 20 feet from the front property line
where 50 feet is the minimum required with no off-site improvements.
Neighborhood Meeting
A neighborhood meeting is not required for this type of request nor was one held.
Field Check
04/30/15
A site visit was conducted and the subject site is an undeveloped lot with no
off-site street improvements along Monte Cristo Way and Tropical Parkway.
There are three vehicles including a RV trailer and construction materials
being stored on the northern portion of the site adjacent to the existing singlefamily dwelling.
Surrounding
Property
Subject Property
Undeveloped
North
Single-Family
Detached
South
Single-Family
Detached
Planned or Special
Land Use Designation
ML (Medium Low
Density Residential)
RS (Residential
Suburban) Clark
County
ML (Medium Low
Density Residential)
JB
Surrounding
Property
East
Single-Family
Detached
West
Single-Family
Detached
Planned or Special
Land Use Designation
RS (Residential
Suburban) Clark
County
ML (Medium Low
Density Residential)
Compliance
N/A
Compliance
N/A
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to Title 19.06.060, the following R-E (Residence Estates) standards apply:
Standard
Required/Allowed
Provided
Compliance
Min. Lot Size
20,000 SF
39,640 SF
Y
Min. Lot Width
100 Feet
163 Feet
Y
Min. Setbacks
x Front
50 Feet
20 Feet
N
x Side (North)
10 Feet
Y
98 Feet
x Corner
15 Feet
Y
15 Feet
35 Feet
96 Feet
Y
x Rear
Min. Distance Between Buildings
6 Feet
24 Feet
Y
Dwelling Unit per Lot
1 Dwelling
1 Dwelling
Y
24 Feet
Max. Building Height
35 Feet (Two Stories) (One Story)
Y
Mech. Equipment
Not on Roof
Not on Roof
Y
JB
Street Name
Functional
Classification of
Street(s)
Governing Document
Minor Collector
Actual
Street Width
(Feet)
Compliance
with Street
Section
60 Feet
N*
80 Feet
N*
Streetscape Standards
Required
Provided
Compliance
Half-street improvements,
Monte Cristo Way (60 Minor
No Improvements
N*
including amenity zone,
Collector Street)
sidewalk and streetlights
Half-street improvements,
Tropical Parkway (80 Major
including amenity zone,
No Improvements
N*
Collector Street)
sidewalk and streetlights
*The applicant has a requested a Waiver (WVR-59161) and Variance (VAR-59031) to waive all
Title 19.02 improvement requirements and 19.04 complete street development standards
associated with the undeveloped half-street improvements along Monte Cristo Way and Tropical
Parkway adjacent to the subject site.
ANALYSIS
This is a request for a Variance (VAR-59029) to allow a single-family detached dwelling with a
20-foot front yard setback where 50 feet is the minimum allowed by Title 19.06.060
development standards. The site is located at the northeast corner of Tropical Parkway and
Monte Cristo Way. The subject property lot size is 39,640 square feet in size with a lot width of
163 feet, which is consistent with the R-E (Residence Estates) zoning district.
The submitted site plan proposes development of a 4,740 square-foot one-story detached singlefamily dwelling with a 2,025 square-foot Accessory Structure (Class II) on a flat undeveloped
0.90 acre lot surrounded by existing single-family residential property. The subject property is
located on a site with a land use designation of ML (Medium Low Density Residential), and an
underlying zone designation of R-E (Residence Estates). Per Title 19.06.060, R-E zoned parcels
require a 50-foot setback from the front property line along public streets; this project proposes
to develop a single-family detached dwelling which is setback 20 feet from the front property
line.
In addition, the applicant has also requested a Waiver (WVR-59161) of Title 19.02.240
improvement requirements and Variance (VAR-59031) of Title 19.04 Complete Street
development standards; to allow no off-site half-street improvements to the segment of right-of
JB
way along Monte Cristo Way and Tropical Parkway adjacent to the subject site. Currently, the
half-street improvements along the segment of Monte Cristo Way and Tropical Parkway adjacent
to the subject site have not been completed. These improvements include the development of the
half-street and amenity zone improvements; which include installation of utilities, street lights,
sidewalk and trees. Furthermore, both street alignments encroach into Clark Countys
jurisdiction as they extend to the north and east of the subject site.
The City is currently working on building complete streets throughout the City. Although, the
adjacent properties to this site are currently within Clark County jurisdiction and do not have offsite improvements, there are currently half street improvements across the roadway to this site on
Tropical Parkway and Monte Cristo Street. No substantial evidence has been presented to
warrant the requested Waiver and two Variances. The proposed structure and half-street
improvements can be redesigned to meet current code requirements. As such, the hardship is
self-imposed and; therefore, staff recommends denial of all three requests.
FINDINGS (WVR-59211)
No substantial evidence has been presented to warrant the requested Waiver of Title 19.02.240 to
allow no street lighting, staff recommends denial of the request with conditions.
FINDINGS (VAR-59029)
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.
JB
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 4,740 square-foot single-family
dwelling 20 feet from the front property line where 50 feet is minimum required by code. The
proposed single-family dwelling could be placed within an alternative location that will allow for
conformance to Title 19 requirements. In view of the absence of any hardships imposed by the
sites physical characteristics, it is concluded that the applicants hardship is preferential in
nature, and it is thereby outside the realm of NRS Chapter 278 for granting of Variances.
FINDINGS (VAR-59031)
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.
NOTICES MAILED
28
JB
APPROVALS
PROTESTS
JB
WVR-59211
WVR-59211
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Discussion
SUBJECT:
VAR-59031 - VARIANCE RELATED TO WVR-59211 - PUBLIC HEARING APPLICANT/OWNER: CRAIG JOHNSON - For possible action on a request for a Variance TO
ALLOW NO HALF-STREET IMPROVEMENTS, INCLUDING AMENITY ZONE AND
SIDEWALK WHERE SUCH ARE REQUIRED on 0.91 acres at the northeast corner of Tropical
Parkway and Monte Cristo Way (APN 125-27-203-011), R-E (Residence Estates) Zone, Ward 6
(Ross) [PRJ-58883]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
VAR-59031
VAR-59031
Discussion
SUBJECT:
VAR-59029 - VARIANCE RELATED TO WVR-59211 AND VAR-59031 - PUBLIC
HEARING - APPLICANT/OWNER: CRAIG JOHNSON - For possible action on a request for a
Variance TO ALLOW A 20-FOOT FRONT YARD SETBACK WHERE 50 FEET IS
REQUIRED on 0.91 acres at the northeast corner of Tropical Parkway and Monte Cristo Way
(APN 125-27-203-011), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-58883]. Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
3. Supporting Documentation
VAR-59029
VAR-59029
Discussion
SUBJECT:
SUP-58913 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: PPS2, LLC OWNER: BOCA PARK MARKETPLACE SYNDICATIONS GROUP, LLC - For possible
action on a request for a Special Use Permit FOR A BEER/WINE/COOLER ON-SALE
ESTABLISHMENT USE WITHIN A PROPOSED 3,479 SQUARE-FOOT GENERAL
PERSONAL SERVICE USE (INSTRUCTIONAL ARTS STUDIO) at 1000 South Rampart
Boulevard, Suite #10 (APN 138-32-412-018), C-1 (Limited Commercial) Zone, Ward 2 (Beers)
[PRJ-58881]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest and Support Postcards
SUP-58913 (PRJ-58881)
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-58913
RECOMMENDATION
REQUIRED FOR
APPROVAL
** CONDITIONS **
SUP-58913 CONDITIONS
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Beer/Wine/Cooler
On-Sale Establishment use.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and Safety.
4.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted for
building permit, as well as submitted as part of any business license application.
5.
Approval of this Special Use Permit does not constitute approval of a liquor license.
6.
No one under 21 years of age shall be permitted within areas designated for alcohol beverage
consumption and/or storage.
GK
SUP-58913 (PRJ-58881)
Conditions Page Two
June 9, 2015 - Planning Commission Meeting
7.
This business shall operate in conformance to Chapter 6.50 of the City of Las Vegas
Municipal Code.
8.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
GK
SUP-58913 (PRJ-58881)
Staff Report Page One
June 9, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit for a Beer/Wine/Cooler On-Sale Establishment within
a proposed general personal service use (instructional arts studio) located at 1000 South Rampart
Boulevard, Suite #10. The proposed instructional arts studio is located within an existing 31,740
square-foot commercial building, which is a part of an existing 641,664 square-foot shopping
center. The proposed Beer/Wine/Cooler On-Sale use and instructional arts studio would occupy
a suite with 3,479 square feet of interior space. The proposed use is consistent with Title 19 and
is compatible with the other restaurant, retail and office uses located within the surrounding
community. Staff, therefore recommends approval of the requested Special Use Permit, with
conditions. If denied, the general personal service use (instructional arts studio) would not be
allowed to serve alcohol on the premises.
ISSUES
x
x
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a Rezoning (Z-0030-92) to C-1 (Limited
09/02/92
Commercial) and R-1 (Single Family Residential) on property located at the
northeast corner of Charleston Boulevard and Rampart Boulevard.
Per the District Court, Clark County, Nevada ordered the grant of a Writ of
Mandate to affirm the City Councils approval of the zoning of the subject
12/11/92
site to C-1 and R-1 for development of a regional shopping mall and single
family residential dwellings and to establish conditions of approval, including
the approval of 1,100,000 square feet of commercial buildings.
The City Council approved an Extension of Time [Z-0030-92(2)] for a
02/01/95
proposed Shopping Mall and Single-Family Residential dwellings. Staff
recommended approval.
The City Council approved an Extension of Time [Z-0030-92(3)] for a
03/06/96
proposed Shopping Mall and Single-Family Residential dwellings. Staff
recommended approval.
GK
SUP-58913 (PRJ-58881)
Staff Report Page Two
June 9, 2015 - Planning Commission Meeting
GK
SUP-58913 (PRJ-58881)
Staff Report Page Three
June 9, 2015 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was held with the applicants representative to
discuss the submittal requirements for requesting a Special Use Permit for a
04/14/15
proposed Beer/Wine/Cooler On-Sale establishment within an existing
Shopping Center.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
04/30/15
Staff performed a routine field check and noted a well maintained shopping
center.
GK
SUP-58913 (PRJ-58881)
Staff Report Page Four
June 9, 2015 - Planning Commission Meeting
Surrounding
Property
Subject Property
Shopping Center
North
Shopping Center
Shopping Center
South
Shopping Center
Single Family,
Detached
Multi-Family
Residential
East
Shopping Center
West
Utility Pumping
Station
Planned or Special
Land Use Designation
SC (Service
Commercial)
GC (General
Commercial)
L (Low Density
Residential)
M (Medium Density
Residential
SC (Service
Commercial)
C-1 (Limited
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)
C-1 (Limited
Commercial)
R-1 (Single Family
Residential)
R-3 (Medium Density
Residential)
C-1 (Limited
Commercial)
PF (Public Facilities)
C-V (Civic)
SC (Service
Commercial)
Compliance
Y
Compliance
N/A
Compliance
Y
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Street Name
Functional
Classification of
Street(s)
Charleston Boulevard
Primary Arterial
Rampart Boulevard
Primary Arterial
Governing Document
Master Plan of Streets
and Highways
Master Plan of Streets
and Highways
Actual
Street Width
(Feet)
Compliance
with Street
Section
100 Feet
100 Feet
GK
SUP-58913 (PRJ-58881)
Staff Report Page Five
June 9, 2015 - Planning Commission Meeting
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Shopping
641,664 SF
1:250 SF
2,567
Center
2,567
2,639
Y
TOTAL SPACES REQUIRED
2,531
36
2,603
36
Y
Regular and Handicap Spaces Required
ANALYSIS
The applicant is requesting a Beer/Wine/Cooler On-Sale establishment use within a proposed
3,479 square-foot general personal service use (instructional arts studio) at 1000 South Rampart
Boulevard, Suite #10. The property is zoned C-1 (Limited Commercial), which intends to
encourage low to medium intensity retail, office or other commercial uses. The proposed
Beer/Wine/Cooler On-Sale use is permissible in the C-1 (Limited Commercial) zone with the
approval of a Special Use Permit. The tenant space is located within an existing 31,740 squarefoot commercial building, which is a part of an existing 641,664 square-foot shopping center.
The existing shopping center provides shared access and parking throughout the subject site. The
proposal adheres to all minimum parking requirements.
A Beer/Wine/Cooler On-Sale use is described in Tile 19.12 as: An establishment whose license
to sell alcoholic beverages is limited to the sale of beer, wine and coolers only for consumption
on the premises where the same is sold.
Minimum Special Use Permit Requirements:
1. Except as otherwise provided, no beer/wine/cooler on-sale establishment (hereinafter
establishment) shall be located within 400 feet of any church/house of worship, school,
individual care center licensed for more than 12 children, or City park.
The proposed use meets this requirement, as there are no protected uses within 400 feet of the
subject property.
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:
GK
SUP-58913 (PRJ-58881)
Staff Report Page Six
June 9, 2015 - Planning Commission Meeting
GK
SUP-58913 (PRJ-58881)
Staff Report Page Seven
June 9, 2015 - Planning Commission Meeting
* 6. All businesses which sell alcoholic beverages shall conform to the provisions of LVMC
Chapter 6.50.
The proposed use will be subject to all business licensing requirements outlined in LVMC
Chapter 6.50 if approved.
The submitted floor plan, date stamped 04/16/15 indicates two separate artist rooms within the
3,479 square-foot tenant space. No one under the age of 21 years of age shall be permitted within
the designated areas serving alcohol. A condition of approval has been added to address the
issue. The proposed Beer/Wine/Cooler On-Sale use would be located within an established
shopping center with retail and restaurant uses located on the site. The existing shopping center
provides cross-access and shared parking throughout the entire commercial center. No additional
parking is required for the proposed use, as the parking requirements were addressed during the
original development of the site. There are no protected uses within 400 feet of the subject
property and the proposed use adheres to all Minimum Special Use Permit Requirements as
outlined in Title 19.12. As such, the use is compatible with the surrounding land uses and staff
recommends approval with conditions. If approved, the applicant would have to apply and
receive approval from the Business Licensing Divisions for a Beer/Wine Room business license
prior to serving alcohol.
FINDINGS (SUP-58913)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
1.
The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
The proposed Beer/Wine/Cooler On-Sale use will be ancillary to the proposed general
personal service use (instructional arts studio) at the subject site. The proposed use is
compatible with the surrounding land uses and can be conducted in a manner that is
harmonious with surrounding land uses.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The subject site is located within an existing commercial shopping center that is physically
suitable for the intensity of the proposed land use.
3.
Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
GK
SUP-58913 (PRJ-58881)
Staff Report Page Eight
June 9, 2015 - Planning Commission Meeting
Access to the site will not change. The property is accessed by Rampart Boulevard and
Charleston Boulevard and both roads are designated as 100-foot wide Primary Arterials as
classified by the Master Plan of Streets and Highways.
4.
Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
Approval of this Special Use Permit will not compromise the public health safety and
general welfare of the public. The use will be subject to regular inspections and is subject
to licensing restrictions.
5.
The use meets all of the applicable conditions per Title 19.12.
The proposed use meets all applicable conditions of approval for a Beer/Wine/Cooler OnSale use per Title 19.12.
NOTICES MAILED
1250
APPROVALS
PROTESTS
33
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SUP-58913 [PRJ-58881] - SPECIAL USE PERMIT -APPLICANT: PPS2, LLC - OWNER: BOCA PARK
MARKETPLACE SYNDICATIONS GROUP, LLC
1000 SOUTH RAMPART BOULEVARD, SUITE #10
04/30/15
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SUP-58913
Discussion
SUBJECT:
SUP-59007 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: LEE''S LIQUOR
- OWNER: INLAND WESTERN LAS VEGAS MONTECITO, LLC - For possible action on a
request for a Special Use Permit FOR A PROPOSED 7,084 SQUARE-FOOT LIQUOR SALES
(PACKAGE LIQUOR OFF-SALE ESTABLISHMENT) USE at 6990 North Durango Drive
(APN 125-20-710-009), T-C (Town Center) Zone [MT-TC (Montecito Town Center Mixed-Use
Commercial Special Land Use Designation)], Ward 6 (Ross) [PRJ-58937]. NOTE: THE
CORRECT ADDRESS IS 6690 NORTH DURANGO DRIVE. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Support Postcard
SUP-59007 (PRJ-58937)
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-59007
RECOMMENDATION
Staff recommends APPROVAL, subject to conditions:
REQUIRED FOR
APPROVAL
N/A
** CONDITIONS **
SUP-59007 CONDITIONS
Planning
1.
Conformance to the approved conditions for Site Development Plan Review [Z-0076-98
(24)].
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
4.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit, as well as submitted as part of any business license application.
5.
Approval of this Special Use Permit does not constitute approval of a liquor license.
6.
This business shall operate in conformance to Chapter 6.50 of the City of Las Vegas
Municipal Code.
7.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
MR
SUP-59007 (PRJ-58937)
Staff Report Page One
June 9, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit for a proposed 7,084 square-foot Liquor Sales (a
Package Liquor Off-Sale Establishment) use located at 6690 North Durango Drive. The subject
site is an existing Shopping Center, which provides cross-access and shared parking throughout
the entire commercial center. The proposed use will have no immediate impact in terms of
provided onsite parking or surrounding land uses. In Montecito Town Center there are no
minimum Special Use Permit requirements for the Liquor Sales use. As this request meets code
and can be conducted in a compatible and harmonious manner within the existing Shopping
Center, staff recommends approval of this application. If denied, the applicant will not be
allowed to conduct a Package Liquor Off-Sale Establishment use at this location.
ISSUES
x
A Liquor Sale (Package Liquor Off-Sale Establishment) use is permitted in the MT-TC
(Montecito Town Center Mixed-Use Commercial Special Land Use designation) with the
approval of a Special Use Permit.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a Site Development Plan Review [Z-0076-98
(24)] for a 361,560 square-foot retail commercial center at the southeast
01/16/02
corner of El Captain Way and Deer Springs Way. The Planning Commission
and staff recommended approval.
The City Council approved a Special Use Permit (SUP-1525) request to allow
04/02/03
a Liquor Establishment (Tavern) at 6640 North Durango Drive, Suite #110.
The Planning Commission and staff recommended approval.
The City Council approved a Special Use Permit (SUP-2777) request for a
Liquor Establishment (Tavern) at 8725 West Deer Springs Way. The
11/05/03
Planning Commission and staff recommended approval.
The City Council approved a Special Use Permit (SUP-2298) request to allow
07/16/03
a Supper Club at 6760 North Durango Drive. The Planning Commission and
staff recommended approval.
The Planning Commission approved a Special Use Permit (SUP-47545)
01/08/13
request for a Beer/Wine/Cooler On-Sale Establishment at 6760 North
Durango Drive. The Planning Commission and staff recommended approval.
MR
SUP-59007 (PRJ-58937)
Staff Report Page Two
June 9, 2015 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was held with the applicants designated
04/20/15
representative to discuss the Special Use Permit submittal requirements for a
Liquor Sale use Montecito Town Center.
Neighborhood Meeting
A neighborhood meeting was not held, nor was one required.
Field Check
04/30/15
A site inspection was conducted on the property, which revealed the property
was clean and graffiti free. The suite was vacant.
Surrounding
Property
Subject Property
Shopping Center
Planned or Special
Land Use Designation
MT-TC (Montecito
Town Center MixedUse Commercial) and
UT-TC (Urban Center
Mixed-Use - Town
Center)
MR
SUP-59007 (PRJ-58937)
Staff Report Page Three
June 9, 2015 - Planning Commission Meeting
Surrounding
Property
North
Hospital
South
Freeway
East
Single-Family,
Detached
West
Undeveloped
Planned or Special
Land Use Designation
MT-TC (Montecito
Town Center MixedUse Commercial) and
UT-TC (Urban Center
Mixed-Use - Town
Center)
Right-Of-Way
MT-TC (Montecito
Town Center MixedUse Commercial) and
UT-TC (Urban Center
Mixed-Use - Town
Center)
UT-TC (Urban Center
Mixed-Use - Town
Center)
Right-Of-Way
Compliance
Y
Y
Compliance
Y
Compliance
N/A
N/A
N
Y
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
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Shopping
361,560 SF
1:250 SF
1,447
Center
MR
SUP-59007 (PRJ-58937)
Staff Report Page Four
June 9, 2015 - Planning Commission Meeting
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
1,447
1,663
Y
TOTAL SPACES REQUIRED
1,422
25
1,608
55
Y
Regular and Handicap Spaces Required
ANALYSIS
The proposed Liquor Sale (Packaged Liquor Off-Sale Establishment) use is located in the MTTC (Montecito Town Center Mixed-Use Commercial) Special Land Use designation and the
Town Center Master Plan. Per Section 2.3 of the Montecito Town Center Development Liquor
Sales has no specific spacing requirement between the establishment that has on or off-premise
alcohol sales and/or restricted gaming within the Montecito Town Center area, and no Special
Use Permits for separation between these establishments are necessary. There are no other
Package Liquor Off-Sale Establishments within the Shopping Center, but two exist north and
west of the Shopping Center. There are no minimum Special Use Permit requirements; however,
staff notes that there is not a house of worship, school, individual care center licensed for more
than 12 children or City park within 400 feet of the subject site. The Montecito Development
Agreement does not define Liquor Sale; however, the corresponding land use in Town Center
and Title 19.12 is Package Liquor Off-Sale Establishment.
A Package Liquor Off-Sale Establishment use is described in Title 19.12 as: An establishment,
other than a retail establishment with package liquor off-sale, whose license to sell alcoholic
beverages authorizes their sale to consumers only and not for resale, in original sealed or corked
containers, for consumption off the premises where the same are sold. This use includes an
establishment that provides on-premises wine, cordial and liqueur tasting if the licensee also
holds a wine, cordial and liqueur tasting license for that location.
The applicant meets this definition; per the justification letter the Lees Liquor sells wines, liquor
and spirits.
The subject property is within 500 feet of the County of Clarks jurisdiction; therefore, this
request qualifies as a Project of Regional Significance. All the proper documents were
completed and distributed to the required departments and agencies; however, no comments
were returned.
MR
SUP-59007 (PRJ-58937)
Staff Report Page Five
June 9, 2015 - Planning Commission Meeting
There are no minimum Special Use Permit Requirements for Liquor Sales (Package Liquor OffSale Establishments) with Montecito Town Center. The Shopping Center is designed to
accommodate a wide variety of retail, office and commercial uses and is appropriate for Liquor
Sales. The commercial center has cross access and parking throughout the site. This location has
ample parking. Staff recommends approval of this request, as the use complies with code
requirements and can be conducted harmoniously with existing neighborhood and surrounding
land uses.
FINDINGS (SUP-59007)
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 Sales (a Package Liquor Off-Sale Establishment use) will be located
within a 7,084 square-foot commercial space, located in a Shopping Center in a MT-TC
(Montecito Town Center Mixed-Use Commercial) land use area. The proposed use can be
conducted in a manner that is harmonious and compatible with the uses on the existing site
and with the commercial uses on the adjacent properties.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The subject site is a 361,560 square-foot shopping center and is suitable for the type and
intensity of land use proposed. The proposed Liquor Sale establishment will occupy an
existing commercial space and will not require any additional parking beyond what has
been provided for the existing shopping center.
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.
Site access is provided from Durango Drive, a 130-foot Town Center Parkway street with
sufficient size to accommodate the needs of the proposed Liquor Sale 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.
MR
SUP-59007 (PRJ-58937)
Staff Report Page Six
June 9, 2015 - Planning Commission Meeting
Approval of a Special Use Permit for this use at this location will not compromise the
public health, safety, or welfare, as the use is subject to licensing and inspections by the
City of Las Vegas. The use is consistent with the existing uses in the shopping center and
the area. .
5.
The use meets all of the applicable conditions per Title 19.12.
The proposed Liquor Sales (a Package Liquor Off-Sale Establishment) use meets the
applicable conditions per Montecito Town Center Development Agreement, Town Center
Development Standards and Title 19.12.
NOTICES MAILED
696
APPROVALS
PROTESTS
38
MR
SUP-59007
SUP-59007
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Discussion
SUBJECT:
SUP-59012 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: NO DRAMA
BAIL BONDS - OWNER: PLAZA LAS AMERICAS HOLDINGS, LLC - For possible action
on a request for a Special Use Permit FOR A PROPOSED 1,363 SQUARE-FOOT BAILBOND
SERVICE at 546 Eastern Avenue, Suite #130 (APN 139-36-110-040), C-1 (Limited
Commercial) Zone, Ward 3 (Coffin) [PRJ-58746]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcard
SUP-59012 (PRJ-58746)
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-59012
RECOMMENDATION
REQUIRED FOR
APPROVAL
SUP-59012 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 19.18. An Extension of Time may be filed for
consideration by the City of Las Vegas.
2.
Prior to occupancy, 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.
YK
SUP-59012 (PRJ-58746)
Staff Report Page One
June 9, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit for a proposed Bailbond Service located at 546 North
Eastern Avenue, Suite #130, in an existing in line shopping center. The applicant is proposing to
operate a 1,380 square-foot Bailbond Service at the subject location. Currently, the suite is
vacant. The proposed Bailbond Service is compatible and harmonious with the existing and
surrounding land uses, as this location is a commercial area on a major thoroughfare. Staff
recommends approval of the request.
ISSUES
x
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a Rezoning request (Z-0062-02) from R-E
09/18/02
(Residence Estates) to C-1 (Limited Commercial) zone. The Planning
Commission and staff recommended approval.
The City Council approved a Site Development Plan Review (SDR-13880)
for a 30,904 square-foot retail center. The Planning Commission and staff
recommended denial.
The City Council approved a Variance (VAR-13881) to allow 103 parking
spaces where 167 spaces were required in conjunction with a 30,904 square09/06/06
foot retail center. The Planning Commission and staff recommended denial.
The City Council approved a Variance (VAR-13881) to allow a 20-foot
residential adjacently setback where 70.75 feet was required in conjunction
with a 30,904 square-foot retail center The Planning Commission and staff
recommended denial.
YK
SUP-59012 (PRJ-58746)
Staff Report Page Two
June 9, 2015 - Planning Commission Meeting
Staff visited the site and found a well maintained in line shopping center. No
issues were noted.
Subject Property
General Retail
North
General Retail
General Retail
South
Multi-family
Residential
Planned or Special
Land Use Designation
SC (Service
Commercial)
SC (Service
Commercial)
SC (Service
Commercial)
M (Medium Density
Residential)
YK
SUP-59012 (PRJ-58746)
Staff Report Page Three
June 9, 2015 - Planning Commission Meeting
Surrounding
Property
East
West
Planned or Special
Land Use Designation
M (Medium Density
Residential)
SC (Service
Commercial)
Compliance
N/A
Compliance
N/A
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Street Name
Eastern Avenue
Functional
Classification of
Street(s)
Primary Arterial
Governing Document
Planned Streets and
Highways Map
Actual
Street Width
(Feet)
100
Compliance
with Street
Section
Y
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Shopping
30,904 SF
1/250 SF
124
Center
124
107
Y*
TOTAL SPACES REQUIRED
119
5
103
4
Y*
Regular and Handicap Spaces Required
Loading
2
Y*
Spaces
*VAR-13881 approved 103 parking spaces and 2 loading zone spaces for a shopping center.
YK
SUP-59012 (PRJ-58746)
Staff Report Page Four
June 9, 2015 - Planning Commission Meeting
ANALYSIS
The proposed Bailbond Service will be located in Suite #130 at 546 North Eastern Avenue that
most recently housed the offices of a ticket sales business. The property is parking impaired and
has an approved variance (VAR-13881) to allow 103 parking spaces, but the shopping center is
providing 107. The proposed Bailbond Service is a less intense use than the previous retail use
and therefore the parking is acceptable as it exists.
The proposed use as a Bailbond Service requires a Special Use Permit within the C-1 (Limited
Commercial) zone. There are no special conditions or minimum requirements related to the
proposed use as a Bailbond Office.
FINDINGS (SUP-59012)
In order to approve a Special Use Permit application, per Title 19.18.060 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 shopping center is intended for commercial and retail uses. A Bailbond Service is a
commercial use appropriate for being located within a shopping center. There is no direct
pedestrian access to the nearby residential properties.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The site is physically suitable for the type and intensity of land use proposed.
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 proposed Bailbond Service is located within an in line shopping center that has access
to Eastern Avenue, which is identified on the Master Plan of Streets and Highways as 100foot Primary Arterial. This road has adequate capacity to serve the proposed use.
4.
Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
YK
SUP-59012 (PRJ-58746)
Staff Report Page Five
June 9, 2015 - Planning Commission Meeting
The proposed Bailbond Service is a state licensed business, and the site would be subject
to inspections. Therefore, it would not compromise public health and safety.
5.
The use meets all of the applicable conditions per Title 19.04.
There are no minimum requirements associated with the proposed Bailbond Service use.
NOTICES MAILED
185
APPROVALS
PROTESTS
48
YK
SUP-59012
PRJ-58746
Application/Petition For:
ProjectAddress (Location):
Project Name
13936110040
Ward #:
Yes
Select
Gross Acres:
Lots/Units:
Additional Information:
Applicant First Name:
Applicant Address:
4164 GRACE ST
Applicant City:
LAS VEGAS
Applicant State:
NV
Applicant Zip:
89121
Applicant Phone:
7025266037
Applicant Fax:
Applicant Email:
MARIARCARRANZA@AOL.COM
MARIA
ROMERO
Rep Address:
4164 GRACE ST
Rep City:
LAS VEGAS
Rep State:
NV
Rep Zip:
89121
Rep Phone:
7025266037
Rep Fax:
Rep Email:
MARIARCARRANZA@AOL.COM
SUP-59012
6/2/2015 11:18:39 AM
Page 1 of 2
Yes
Yes
Owner(s)
ADDR1
ADDR2
CALABASAS, CA 91302-1500
CLVEPLAN Applicant
Company
Title
Rene Carlsen
rcarlsen@lasvegasnevada.gov
Owner
mariarcarranza@aol.com
SUP-59012
6/2/2015 11:18:39 AM
Page 2 of 2
SUP-59012
SUP-59012
SUP-59012 [PRJ-58746] - SPECIAL USE PERMIT -APPLICANT: NO DRAMA BAIL BONDS - OWNER:
PLAZA LAS AMERICAS HOLDINGS, LLC
546 EASTERN AVENUE, SUITE #130
06/02/15
SUP-59012 [PRJ-58746] - SPECIAL USE PERMIT -APPLICANT: NO DRAMA BAIL BONDS - OWNER:
PLAZA LAS AMERICAS HOLDINGS, LLC
546 EASTERN AVENUE, SUITE #130
06/02/15
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SUP-59012
Discussion
SUBJECT:
SUP-59027 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: OPORTUN OWNER: B.E. UNO, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED 1,711 SQUARE-FOOT FINANCIAL INSTITUTION, SPECIFIED USE WITH
WAIVERS TO ALLOW A ZERO-FOOT DISTANCE SEPARATION FROM A
RESIDENTIAL USE WHERE 200 FEET IS REQUIRED AND A 112-FOOT DISTANCE
SEPARATION FROM AN EXISTING SIMILAR USE WHERE 1,000 FEET IS REQUIRED at
568 North Eastern Avenue, Suite A (APN 139-36-111-005), C-1 (Limited Commercial) Zone,
Ward 3 (Coffin) [PRJ-58965]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
SUP-59027 (PRJ-58965)
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-59027
RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:
REQUIRED FOR
APPROVAL
N/A
** CONDITIONS **
SUP-59027 CONDITIONS
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Financial
Institution, Specified use.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
A Waiver from Title 19.12 is hereby approved, to allow a zero-foot distance separation from a
residential protected property where 200 feet is required and a 112-foot distance separation
from a similar use where 1,000 feet is required.
4.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and Safety.
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted for
building permit, as well as submitted as part of any business license application.
6.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
MR
SUP-59027 (PRJ-58965)
Staff Report Page One
June 9, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting a Special Use Permit to allow a 1,711 square-foot Financial
Institution, Specified use at 568 North Eastern Avenue, Suite A. This application is accompanied
by two distance separation Waiver requests. The first Waiver is to allow a zero-foot distance
separation from a residential property, where 200 feet is the minimum required and the second is
to allow a 112-foot separation distance from a similar use, where 1,000 feet is the minimum
required by code. There are five similar uses within 1,000 feet of proposed location. In short, the
proposed Financial Institution, Specified use cannot be conducted in a manner that is harmonious
and compatible with the existing surrounding land uses, as illustrated by the requested distance
separation Waivers and the five existing Financial Institution, Specified uses within 1,000-foot
radius of the subject location. Staff recommends denial of the requested Special Use Permit.
ISSUES
x
x
x
The Financial Institution Specified Use is permitted in the C-1 (Limited Commercial) zoning
district with approval of a Special Use Permit.
A Waiver is required to allow a distance separation of zero feet from a residential property
where 200 feet is the minimum required. Staff does not support this distance separation
Waiver.
A Waiver is required to allow a distance separation of 112 feet from a similar use where
1,000 feet is the minimum required. Staff does not support this distance separation Waiver.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The Board of City Commissioners approved a request for the Reclassification
of property and Plot Plan Review (Z-0061-75) from R-E (Residence Estates)
to C-1 (Limited Commercial) with the proposed use of a Neighborhood
06/16/76
Shopping Center on a property located southeast of Bonanza Road and
Eastern Avenue extending south along Eastern Avenue and east along
Bonanza Road. The Planning Commission recommended approval.
The Board of City Commissioners approved an Extension of Time request (Z0061-75) for the Rezoning from R-E (Residence Estates) to C-1 (Limited
06/01/77
Commercial) and Plot Plan Review for a Neighborhood Shopping Center for
the property located southeast of Bonanza Road and Eastern Avenue. The
Planning Commission recommended approval.
MR
SUP-59027 (PRJ-58965)
Staff Report Page Two
June 9, 2015 - Planning Commission Meeting
4/30/15
A field check was conducted on the subject site, which revealed that the suite
was vacant, the Shopping Center is under construction and free of trash;
however, a number of business have unpermitted temporary signage. A
complaint was forwarded to Code Enforcement on 05/05/15 for non-permitted
signage in the Shopping Center.
SUP-59027 (PRJ-58965)
Staff Report Page Three
June 9, 2015 - Planning Commission Meeting
Surrounding
Property
Subject Property
North
South
East
Garden Supply/Plant
Nursery
Multi-Family
Residential
West
Shopping Center
Planned or Special
Land Use Designation
SC (Service
Commercial)
SC (Service
Commercial)
PF (Public Facilities)
C-V (Civic)
SC (Service
Commercial)
SC (Service
Commercial)
M (Medium Density
Residential)
SC (Service
Commercial)
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)
R-3 (Medium-Low
Density Residential)
C-1 (Limited
Commercial)
Compliance
N/A
Compliance
N/A
Compliance
N/A
Y
N/A
N/A
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
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Shopping
79,500 SF
1:250
318
Center
318
355
Y
TOTAL SPACES REQUIRED
310
8
335
20
Y
Regular and Handicap Spaces Required
MR
SUP-59027 (PRJ-58965)
Staff Report Page Four
June 9, 2015 - Planning Commission Meeting
ANALYSIS
The Financial Institution, Specified use is defined as:
Any business whose primary function is to:
1. Lend money;
2. Cash checks or other negotiable instruments for a fee, service charge or other
consideration; or
3. Provide funds in exchange for the acceptance of a check on a post-dated or deferred
deposit basis.
This use includes without limitation a business that provides check cashing, services as a
principal service offered, a paycheck advance service, and any business primarily
providing cash loans, installment loans or cash advances. The term does not include a
pawn shop or a limited check cashing service, as described in this Section.
The proposed use meets the definition as the applicants primary business will be installment
loans and/or cash advances.
The Minimum Special Use Permit Requirements for this use include:
1. * The use shall comply with all applicable requirements of LVMC Title6.
The proposed use will meet this requirement, as this use will be subject to regular
inspections through the licensing review process.
2. * The building design and color scheme shall be subject to review by the Department to
ensure that it will be harmonious and compatible with the surrounding area.
The proposed use meets this standard, as the use will be located in an existing retail
building and any alterations require a building permit.
3. No temporary signs (as described in LVMC 19.08.120 (G)) such as balloons, inflated
devices, searchlights, pennants, portable billboards, portable signs, streamers, trucks
parked for signage purposes, or other similar devices are permitted, except that banners
announcing a grand opening or that a business is coming soon may be approved
administratively for a period not to exceed 30 days.
The proposed use will meet this requirement, as the existing location is vacant and any
sign or temporary signs require a permit.
MR
SUP-59027 (PRJ-58965)
Staff Report Page Five
June 9, 2015 - Planning Commission Meeting
4. Window signs shall not: (a) Cover more than 20 percent of the area of all exterior
windows; (b) Include flashing lights or neon lighting; or (c) Include any text other than
text that indicates the hours of operation and whether the business is open or closed.
The proposed use meets this condition, as the proposed location is vacant and will have a
number of inspections throughout the building permit and business licensing process.
Additionally, the site will undergo ongoing annual inspections through licensing.
5. The hours of operation shall not extend beyond the hours of 8:00 a.m. to 11:00 p.m.
Per justification letter dated stamped 05/11/15, this requirement will be met, as this
location will operate between the hours of 8 a.m. and 11 p.m.
6. The building or portion thereof that is dedicated to the use shall have a minimum size of
1500 square feet, and shall be designed to have sufficient interior space to provide for
adequate customer waiting areas, customer queuing, and transaction space (such as
teller windows or desks).
The requirement will be met, for the proposed location will be 1,711 square feet per floor
plan date stamped 04/23/15.
7. No specified financial institution use may be located closer than 200 feet from any parcel
used or zoned for residential use. In addition, no specified financial institution use may be
located closer than 1,000 feet from any other specified financial institution use, auto title
loan use, or auto pawn use. For purposes of this Requirement 7, distances shall be
measured in a straight line from property line to property line, without regard to
intervening obstacles. The term property line refers to property lines of fee interest
parcels and not leasehold parcels.
This requirement is not met, as there are two requested distance separation Waivers. The
first Waiver is to allow a zero-foot distance separation from a residential use where 200
feet is required, and the second request is to allow a 112-foot distance separation from a
similar use where 1,000 feet is required.
The proposed location of this use fails to comply with the minimum distance separation
requirements for the requested Special Use Permit. From the condominium parcel, the proposed
zero-foot residential distance separation Waiver represents a 100% reduction from the required
200-foot separation mandated by Title 19. The 112-foot distance separation Waiver from a
similar use represents approximately an 88% distance reduction from the 1,000 feet mandated by
Title 19. There are five, Financial Institution, Specified uses within 1,000 feet of the location
and the addition of one more may be the saturation point.
MR
SUP-59027 (PRJ-58965)
Staff Report Page Six
June 9, 2015 - Planning Commission Meeting
This application has been properly noticed and the Las Vegas Valley Water District returned the
comment below. This parcel is currently served by LVVWD but the existing fire line does not
have the required backflow prevention per NAC 445A.67195. Installation of backflow
prevention is required at this time.
In summation, the required Waivers and the existing five cash businesses within 1,000 feet of the
site reinforce the unsuitability of this site for the Financial Institution, Specified use with the
surrounding neighborhood. This use cannot be conducted in a harmonious and compatible
manner with the existing neighborhood and surrounding land use. For these reasons, staff
recommends denial of this Special Use Permit.
FINDINGS (SUP-59027)
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 Financial Institution, Specified use is compatible with the SC (Service
Commercial) General Plan land use designation and is located within an existing shopping
center. However, the proposed use requires a Waiver of the residential distance separation
requirement and a distance separation Waiver from five similar uses, which reinforces the
unsuitability of this site for the proposed Financial Institution, Specified use. The use
cannot be conducted in a manner that is harmonious or compatible with the surrounding
uses.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The proposed development will be located within an established shopping center that has
ample parking and adequate vehicular circulation for the proposed use. The site can
physically support the Financial Institution, Specified use and a variety of other uses such
as administrative offices and general retail uses; however, the requested distance
separation Waivers highlight the unsuitability of the proposed Financial Institution,
Specified use for this location.
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 site access is from Bonanza Road and Eastern Avenue. Both roadways are a 100foot wide Primary Arterials with adequate capacity to serve the proposed use.
MR
SUP-59027 (PRJ-58965)
Staff Report Page Seven
June 9, 2015 - Planning Commission Meeting
4.
Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
The proposed Financial Institution, Specified will be subject to regular inspections by
regulatory agencies for business licensing and therefore 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 per Title 19.12.
The use does not comply with the minimum distance separation requirement required per
Title 19.12, as two Waivers are required for the approval of this application (residential
distance separation Waiver and a similar use Waiver). Staff does not support the requested
Waivers.
NOTICES MAILED
82
APPROVALS
PROTESTS
46
MR
SUP-59027
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SUP-59027
SUP-59027
SUP-59027 [PRJ-58965] - SPECIAL USE PERMIT -APPLICANT: OPORTUN - OWNER: B.E. UNO, LLC
568 NORTH EASTERN AVENUE, SUITE A
04/30/15
SUP-59027 - REVISED
SUP-59027 - REVISED
SUP-59027 - REVISED
Discussion
SUBJECT:
SUP-59032 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: OPORTUN OWNER: CHARLESTON PLAZA, LLC - For possible action on a request for a Special Use
Permit FOR A PROPOSED 2,192 SQUARE-FOOT FINANCIAL INSTITUTION, SPECIFIED
USE WITH WAIVERS TO ALLOW A ZERO-FOOT DISTANCE SEPARATION FROM A
RESIDENTIAL USE WHERE 200 FEET IS REQUIRED AND TO ALLOW A 975-FOOT
DISTANCE SEPARATION FROM AN EXISTING SIMILAR USE WHERE 1,000 FEET IS
REQUIRED at 1814 East Charleston Boulevard (APN 162-02-510-012), C-1 (Limited
Commercial) Zone, Ward 3 (Coffin) [PRJ-58964]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
SUP-59032 (PRJ-58964)
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-59032
RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:
REQUIRED FOR
APPROVAL
N/A
** CONDITIONS **
SUP-59032 CONDITIONS
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Financial
Institution, Specified use.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
A Waiver from Title 19.12 is hereby approved, to allow a zero-foot distance separation from a
residential protected property where 200 feet is required and a 975-foot distance separation
from a similar use where 1,000 feet is required.
4.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and Safety.
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted for
building permit, as well as submitted as part of any business license application.
6.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
MR
SUP-59032 (PRJ-58964)
Staff Report Page One
June 9, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is proposing a Financial Institution, Specified use within a vacant 2,192 squarefoot tenant space at 1814 East Charleston Boulevard. The building is located on a 0.80-acre
portion of a 22.67 acre site. The site is a Shopping Center within a C-1 (Limited Commercial)
zoning district. Two distance separation Waivers accompany this application. The first Waiver is
to allow a zero-foot distance separation from a residential property, where 200 feet is the
minimum required and the second is to allow a 975-foot distance separation from a similar use
where 1,000 feet is required. The proposed use cannot be conducted in a manner that is
harmonious and compatible with the existing surrounding land uses, as the required distance
separation Waivers reinforces the unsuitability of the proposed Financial Institution, Specified
use at this location. Staff recommends denial of the requested Special Use Permit.
ISSUES
x
x
x
A Financial Institution, Specified use is permitted in the C-1 (Limited Commercial) zoning
district with the approval of a Special Use Permit.
A Waiver is needed to allow a zero-foot distance separation from a residential use where 200
feet is required.
A Waiver is needed to allow a 975-foot distance separation from another Financial
Institution, Specified where 1,000 is required.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The Board of City Commissioners approved a request for the Reclassification
of the Property and Plot Plan Review (Z-0002-56) from R-1 (Single-Family
Residential) to C-1 (Limited Commercial) with the proposed use of a
04/04/56
Commercial Center on the southwest corner of Charleston Boulevard and
Burnham Avenue.
The Planning Commission approved a Plot Plan Review (Z-0002-56) for the
remodel and expansion of the existing Charleston Plaza Shopping Center
07/14/88
located on the southwest corner of Charleston Boulevard and Burnham
Avenue. Staff recommended approval.
A Final Map (Book 43 Page 85 of Plats) for the Charleston Plaza Mall (A
09/15/89
Commercial Subdivision) was recorded. This map created Lot 4, from which
the distance separation for this application is measured.
The City Council denied a Special Use Permit (SUP-10209) for a Financial
Institution, Specified use at 1720 East Charleston Boulevard, Suite G01 and
02/15/06
G02.
MR
SUP-59032 (PRJ-58964)
Staff Report Page Two
June 9, 2015 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was held with the applicants designated
representative to discuss the Special Use Permit submittal requirements for a
04/20/15
Financial Institution, Specified use at 1814 East Charleston Avenue.
Neighborhood Meeting
A neighborhood meeting was not held, nor was one required.
Field Check
04/30/15
A field check was conducted on the subject site and revealed that the suite
was vacant; however, there are a number of non-permitted banners in the
Shopping Center. A complaint was forwarded to Code Enforcement on May
5, 2015.
Surrounding
Property
Subject Property
North
Planned or Special
Land Use Designation
Shopping Center
C (Commercial)
C (Commercial)
SUP-59032 (PRJ-58964)
Staff Report Page Three
June 9, 2015 - Planning Commission Meeting
Surrounding
Property
South
East
West
Planned or Special
Land Use Designation
Multi-Family
C (Commercial)
Single-Family,
Detached
Genera Retail Store,
Other Than Listed
L (Low Density
Residential)
Shopping Center
C (Commercial)
C (Commercial)
Compliance
N/A
Compliance
N/A
Compliance
N/A
Y
N/A
N/A
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
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Shopping
Center
307,518
1:250
1,230
Parking
N/A
-114
impairment
1,116*
1,152
Y
TOTAL SPACES REQUIRED
1,093
23
1,129
23
Y
Regular and Handicap Spaces Required
* The site is parking impaired as detailed in Title 19.18.030 (D). Parking required for this site
was determined to be 1,116 parking spaces per Rezoning and Plot Plan Review (Z-0002-56).
MR
SUP-59032 (PRJ-58964)
Staff Report Page Four
June 9, 2015 - Planning Commission Meeting
Waivers
Requirement
A 200-foot minimum separation
distance is required from any
residentially zoned property.
A 1,000-foot minimum
separation distance is required
from any similar use
Request
To allow a zero-foot
separation distance
from a residentially
zoned property.
To allow a 975-foot
separation from an
existing Financial
Institution, Specified.
Staff Recommendation
Denial
Denial
ANALYSIS
The Financial Institution, Specified use is defined as:
Any business whose primary function is to:
1. Lend money;
2. Cash checks or other negotiable instruments for a fee, service charge or other
consideration; or
3. Provide funds in exchange for the acceptance of a check on a post-dated or deferred
deposit basis.
This use includes without limitation a business that provides check cashing, services as a
principal service offered, a paycheck advance service, and any business primarily
providing cash loans, installment loans or cash advances. The term does not include a
pawn shop or a limited check cashing service, as described in this Section.
The proposed use meets the definition as the applicants primary business will be installment
loans and/or cash advances.
The Minimum Special Use Permit Requirements for this use include:
1. * The use shall comply with all applicable requirements of LVMC Title 6.
The proposed use will meet this requirement, as this use will be subject to regular
inspections through the licensing review process.
2. * The building design and color scheme shall be subject to review by the Department to
ensure that it will be harmonious and compatible with the surrounding area.
MR
SUP-59032 (PRJ-58964)
Staff Report Page Five
June 9, 2015 - Planning Commission Meeting
The proposed use meets this standard, as the use will be located in an existing retail
building and any alterations require a building permit.
3. No temporary signs (as described in LVMC 19.08.120 (G)) such as balloons, inflated
devices, searchlights, pennants, portable billboards, portable signs, streamers, trucks
parked for signage purposes, or other similar devices are permitted, except that banners
announcing a grand opening or that a business is coming soon may be approved
administratively for a period not to exceed 30 days.
The proposed use will meet this requirement, as the existing location is vacant and any
sign or temporary signs require a permit.
4. Window signs shall not: (a) Cover more than 20 percent of the area of all exterior
windows; (b) Include flashing lights or neon lighting; or (c) Include any text other than
text that indicates the hours of operation and whether the business is open or closed.
The proposed use meets this condition, as the proposed location is vacant and will have a
number of inspections throughout the building permit and business licensing process.
Additionally, the site will undergo ongoing annual inspections through licensing.
5. The hours of operation shall not extend beyond the hours of 8:00 a.m. to 11:00 p.m.
Per justification letter dated stamped, 05/11/15 this requirement will be met, as this
location will operate between the hours of 8 a.m. and 11p.m.
6. The building or portion thereof that is dedicated to the use shall have a minimum size of
1500 square feet, and shall be designed to have sufficient interior space to provide for
adequate customer waiting areas, customer queuing, and transaction space (such as
teller windows or desks).
This requirement will be met, as the proposed location is 2,192 square feet per the floor
plan date stamped 04/23/15.
7. No specified financial institution use may be located closer than 200 feet from any parcel
used or zoned for residential use. In addition, no specified financial institution use may be
located closer than 1,000 feet from any other specified financial institution use, auto title
loan use, or auto pawn use. For purposes of this Requirement 7, distances shall be
measured in a straight line from property line to property line, without regard to
intervening obstacles. The term property line refers to property lines of fee interest
parcels and not leasehold parcels.
This requirement is not met, as there are two requested distance separation Waivers. The
first request is to allow a zero-foot distance separation from a residential use where 200
feet is required and the second request is to allow a 975-foot distance separation from a
similar use where 1,000 feet is required.
MR
SUP-59032 (PRJ-58964)
Staff Report Page Six
June 9, 2015 - Planning Commission Meeting
The proposed location fails to comply with the minimum distance separation requirements for
the requested Special Use Permit. The zero-foot residential distance separation Waiver represents
a 100% reduction from the required 200-foot separation mandated by Title 19. Also, the 975-foot
distance separation Waiver from a similar use represents approximately a 3% distance reduction
from the 1,000 feet mandated by Title 19. The distance separation requirements from a similar
use and residential property were established to protect the general public and the requested
Waivers are too intense and inconsistent with the existing and surrounding land uses.
Per Title 19.16.110, The Special Use Permit process was established to ensure that a proposed
use is conducted in a manner that is harmonious and compatible with uses located on the same or
surrounding properties. The process recognizes that, within a given zoning district, certain uses
may be appropriate and compatible in some locations but not in others. The Special Use Permit
process allows a site-specific inquiry into the compatibility of a proposed use at a particular
location, taking into account: the characteristics of the site and the surroundings; the relevant
zoning and planning principles; and the input of the Planning Commission, City Council and
other interested parties.
This project was properly noticed and the Las Vegas Valley Water District returned the
following comments: This parcel is currently served by LVVWD but the existing fire line does
not have the required backflow prevention per NAC 445A.67195. Installation of backflow
prevention is required at this time.
In summation, the required Waivers reinforce the unsuitability of this site for the Financial
Institution, Specified use with the surrounding neighborhood. The proposed use cannot be
conducted in a harmonious and compatible with existing surrounding land uses or neighborhood;
therefore, staff recommends denial of this Special Use Permit.
FINDINGS (SUP-59032)
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 Financial Institution, Specified use is compatible with the SC (Service
Commercial) General Plan land use designation and is located within an existing shopping
center. However, the proposed use requires a Waiver of the residential distance separation
requirement and a distance separation Waiver from a similar use. The required Waivers
reinforce the unsuitability of this site for the proposed Financial Institution, Specified use.
The use cannot be conducted in a manner that is harmonious or compatible with the
surrounding uses.
MR
SUP-59032 (PRJ-58964)
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The proposed development will be located within an established Shopping Center that has
ample parking and adequate vehicular circulation for the proposed use. The site can
physically support the Financial Institution, Specified use and a variety of other uses such
as administrative offices and general retail uses; however, the two requested distance
separation Waivers highlight the unsuitability of the proposed Financial Institution,
Specified use for this location.
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 site access is from Charleston Boulevard, a 100-foot wide Primary Arterial.
Secondary site access is provided from Burnham Avenue, a 60-foot wide Minor Collector.
Both roads have adequate capacity to serve 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 proposed Financial Institution, Specified will be subject to regular inspections by
regulatory agencies for business licensing and therefore 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 per Title 19.12.
The use does not comply with the minimum distance separation requirement required per
Title 19.12, as two Waivers are required for the approval of this application (residential
distance separation Waiver and a similar use Waiver). Staff does not support the requested
Waivers.
NOTICES MAILED
228
APPROVALS
PROTESTS
36
MR
SUP-59032
SUP-59032
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SUP-59032
SUP-59032
SUP-59032
SUP-59032 - REVISED
SUP-59032 - REVISED
SUP-59032 - REVISED
Discussion
SUBJECT:
SUP-59044 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: TLVCR, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED
13,810 SQUARE-FOOT PACKAGE LIQUOR OFF-SALE ESTABLISHMENT USE at 18
Fremont Street (APN 139-34-111-033), C-2 (General Commercial) Zone, Ward 5 (Barlow)
[PRJ-59011]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
SUP-59044 (PRJ-59011)
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-59044
RECOMMENDATION
REQUIRED FOR
APPROVAL
** CONDITIONS **
SUP-59044 CONDITIONS
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Package Liquor
Off-Sale Establishment use.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and Safety.
4.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted for
building permit, as well as submitted as part of any business license application.
5.
This business shall operate in conformance to Chapter 6.50 of the City of Las Vegas
Municipal Code.
6.
No more than 10 percent of the gross internal floor area shall be regularly devoted to the
display or merchandising of alcoholic beverages.
7.
All beer and wine coolers shall remain in the original manufacturer's configuration intended
for off-sale resale.
8.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
GK
SUP-59044 (PRJ-59011)
Staff Report Page One
June 9, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting a Special Use Permit for a Package Liquor Off-Sale use within a
proposed 13,810 square-foot general retail use (drugstore). The proposed drugstore and package
liquor Off-Sale use would locate within an existing Non-Restricted Gaming Establishment
(Casino) at 18 Fremont Street. The subject site is located adjacent to the pedestrian mall, known
as the Fremont Street Experience. On 05/07/14, the City Council adopted Ordinance #6320
which intended to add minimum Special Use Permit requirements to the Package Liquor OffSale Establishment and Retail Establishment with Accessory Package Liquor uses. Specifically,
minimum Special Use Permit requirements would be added to prohibit Package Liquor Off-Sale
Establishment uses from locating adjacent to the pedestrian mall and limit Retail Establishments
with Accessory Package Liquor uses to locating within grocery stores and drugstores only.
However, upon adoption, the minimum Special Use Permit requirements were switched in error,
thereby prohibiting the Retail Establishment with Accessory Package Liquor from locating
adjacent to the pedestrian mall and limiting the Package Liquor Off-Sale Establishment use to
grocery stores and drugstores. A Text Amendment (TXT-58497) is scheduled to be heard by
City Council on 06/17/15, which would remedy the error, if approved. The applicant decided to
proceed with the knowledge that the request did not comply with the intent of Ordinance #6320.
For these reasons, staff recommends denial with conditions.
ISSUES
x
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a Rezoning (Z-0100-64) from R-1 (Single Family
Residential), R-4 (High Density Residential), C-1 (Limited Commercial), C-2
(General Commercial) and C-V (Civic) to C-2 (General Commercial) for
11/30/64
approximately 230 acres generally located on property bounded by Main
Street to the west, Bonanza Road on the north, Las Vegas Boulevard on the
east, and Charleston Boulevard on the south.
The City Council approved Ordinance #6320 clarifying Title 6 rules regarding
the sale, packaging and advertising of alcoholic beverages by package and
05/07/14
off-sale liquor licenses on or adjacent to the pedestrian mall. In addition, the
ordinance clarified Title 19 land use entitlements for package liquor and other
off-sale liquor licenses on or adjacent to the pedestrian mall.
GK
SUP-59044 (PRJ-59011)
Staff Report Page Two
June 9, 2015 - Planning Commission Meeting
SUP-59044 (PRJ-59011)
Staff Report Page Three
June 9, 2015 - Planning Commission Meeting
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
04/30/15
Staff performed a routine field check and noted a well maintained gaming
establishment.
North
South
East
West
Planned or Special
Land Use Designation
C (Commercial)
C-2 (General
Commercial)
C (Commercial)
C-2 (General
Commercial)
C (Commercial)
C-2 (General
Commercial)
C (Commercial)
C-2 (General
Commercial)
C (Commercial)
C-2 (General
Commercial)
Compliance
Y
Compliance
Y
Y
Y
Y
N/A
GK
SUP-59044 (PRJ-59011)
Staff Report Page Four
June 9, 2015 - Planning Commission Meeting
Compliance
N/A
Y
N/A
N/A
DEVELOPMENT STANDARDS
Street Name
Functional
Classification of
Street(s)
Main Street
Primary Arterial
Fremont Street
Pedestrian Mall
Governing Document
Master Plan of Streets
and Highways
Title 11.68
Actual
Street Width
(Feet)
Compliance
with Street
Section
100
80
ANALYSIS
The applicant is requesting a Special Use Permit for a Package Liquor Off-Sale use within a
proposed 13,810 square-foot general retail use (drugstore). The proposed drugstore and package
liquor Off-Sale use would locate within an existing Non-Restricted Gaming Establishment
(Casino) at 18 Fremont Street. The subject site is located adjacent to the pedestrian mall.
The Package Liquor Off-Sale Establishment Use is defined as An establishment, other than a
retail establishment with package liquor off-sale, whose license to sell alcoholic beverages and
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.
The Minimum Special Use Permit Requirements for this use include:
1.
2.
GK
SUP-59044 (PRJ-59011)
Staff Report Page Five
June 9, 2015 - Planning Commission Meeting
property lines, one being the property line of the proposed establishment which is closest
to the existing use to which the measurement pertains, and the other being the property line
of that existing use which is closest to the proposed establishment. The distance shall be
measured in a straight line without regard to intervening obstacles. For purposes of
measurement, the term property line refers to property lines of fee interest parcels and
does not include the property line of: a. Any leasehold parcel; or b. Any parcel which lacks
access to a public street or has no area for onsite parking and which has been created so as
to avoid the distance limitation described in Requirement.
This requirement does not apply.
3.
4.
5.
All businesses which sell alcoholic beverages shall conform to the provisions of LVMC
Chapter 6.50.
A condition of approval has been added requiring compliance with Title 6.50.
6.
Except for a grocery store or drugstore as defined by LVMC 6.50.020 that contains not
less than 12,000 square feet of gross internal floor area, no establishment shall be
permitted on or adjacent to the Pedestrian Mall, as defined in LVMC Chapter 11.68.
The submitted floor plans, date stamped 04/23/15, illustrate a total gross internal floor
area of 13,810 square feet. In addition, the floor plans and justification letter detail that
the area will include a pharmacy and qualifies as a drugstore. Therefore, the proposal
complies with this requirement.
GK
SUP-59044 (PRJ-59011)
Staff Report Page Six
June 9, 2015 - Planning Commission Meeting
As proposed, the Package Liquor Off-Sale use adheres to all minimum conditions as outlined by
Title 19.12. However, on 05/07/14, the City Council adopted Ordinance #6320, which added
minimum Special Use Permit requirements to the Package Liquor Off-Sale Establishment and
Retail Establishment with Accessory Package Liquor uses. Specifically, minimum Special Use
Permit requirements would be added to prohibit Package Liquor Off-Sale Establishment uses
from locating adjacent to the pedestrian mall and limit Retail Establishments with Accessory
Package Liquor uses to locating within grocery stores and drugstores only. In addition, Retail
Establishments with Accessory Package Liquor Off-Sale Establishment uses would not be able
to locate adjacent to the pedestrian mall unless the associated grocery store or drugstore
contained at least 12,000 square feet of gross internal floor area. However, upon adoption, the
minimum Special Use Permit requirements were switched in error, thereby completely
prohibiting the Retail Establishment with Accessory Package Liquor use from locating adjacent
to the pedestrian mall, regardless of size, and limiting the Package Liquor Off-Sale
Establishment use to grocery stores and drugstores. Furthermore, the Package Liquor Off-Sale
Establishment uses were prohibited from locating adjacent to the pedestrian mall unless the use
was located within a grocery store or drugstore with at least 12,000 square feet of gross internal
floor area.
The applicant approached staff at a pre-application conference on 04/22/15 with the intentions of
submitting a Special Use Permit for a Retail Establishment with Accessory Package Liquor OffSale use. However, due to the error, an application for a Retail Establishment with Accessory
Package Liquor Off-Sale use could not be accepted. Instead, the applicant is pursuing a Package
Liquor Off-Sale use, which must locate within a drugstore or grocery store with at least 12,000
square feet of internal gross floor area. According to the submitted site plan, floor plan and
justification letter, date stamped 04/23/15, the Package Liquor Off-Sale use would locate within
a 13,810 square-foot drugstore. However, the submitted floor plans indicate a 1,832 square-foot
lower level dedicated for storage, bringing the total internal gross floor area dedicated to the
drugstore use below the minimum 12,000 square feet.
A Text Amendment (TXT-58497) is scheduled to be heard by City Council on 06/17/15, which
will remedy the error, if approved. Staff advised the applicant to wait for the Text Amendment
(TXT-58497) to be heard prior to submittal. The applicant decided to proceed with the
knowledge that the request did not comply with the intent of Ordinance #6320, staff and City
Council. For these reasons, staff recommends denial with conditions.
FINDINGS (SUP-59044)
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.
GK
SUP-59044 (PRJ-59011)
Staff Report Page Seven
June 9, 2015 - Planning Commission Meeting
The proposed Package Liquor Off-Sale Establishment will be located within a proposed
13,810 square-foot general retail use (drugstore). The proposed drugstore and package
liquor Off-Sale use would locate within an existing Non-Restricted Gaming Establishment
(Casino) at 18 Fremont Street, adjacent to the pedestrian mall. The proposal does not meet
the intent of Ordinance #6320, in which Package Liquor Off-Sale Establishments would
not be permitted adjacent to the pedestrian mall. Therefore, the proposed use cannot be
conducted in a manner that is harmonious and compatible with the uses on the existing site
and with the commercial uses on the adjacent properties.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The proposed Package Liquor Off-Sale Establishment will occupy an existing commercial
space and will not require any additional parking beyond what has been provided for the
existing gaming establishment and the proposed general retail 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 property is located on the northeast corner of Main Street and Fremont Street, a central
tourist area that are adequate to serve the needs of the proposed use. In addition, the site is
located adjacent to the pedestrian mall.
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 is subject to licensing and inspections by the City of Las Vegas in an effort to
protect the publics health, safety and welfare. However, the proposal does not meet the
intent of Ordinance #6320, in which Package Liquor Off-Sale Establishments would not
be permitted adjacent to the pedestrian mall. Therefore, the proposed use cannot be
conducted in a manner that is harmonious and compatible with the uses on the existing site
and with the commercial uses on the adjacent properties.
5.
The use meets all of the applicable conditions per Title 19.12.
The proposed Package Liquor Off-Sale Establishment meets the applicable conditions per
Title 19.12.
33
GK
SUP-59044 (PRJ-59011)
Staff Report Page Eight
June 9, 2015 - Planning Commission Meeting
NOTICES MAILED
144
APPROVALS
PROTESTS
GK
SUP-59044
SUP-59044
SUP-59044
SUP-59044
SUP-59044
SUP-59044
SUP-59044
Discussion
SUBJECT:
SUP-59055 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: RINCON DE
LOS REMEDIOS - OWNER: WETHERBEE PROPERTIES, LLC - For possible action on a
request for a Special Use Permit FOR A PROPOSED NIGHT CLUB USE WITHIN AN
EXISTING 4,680 SQUARE-FOOT LIQUOR ESTABLISHMENT (TAVERN) at 923 North
Pecos Road (APN 139-25-601-004), C-1 (Limited Commercial) Zone, Ward 3 (Coffin) [PRJ58640]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
SUP-59055 (PRJ-58640)
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-59055
RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:
REQUIRED FOR
APPROVAL
N/A
** CONDITIONS **
1.
Conformance to the approved conditions for Rezoning (Z-0066-84) and Site Development
Plan Review (Z-0047-85).
2.
Prior to issuance of a full business license for the use, noise impacts to surrounding
properties shall be mitigated in conformance with the requirements of Title 9.16.
3.
There shall be an administrative review six months after the issuance of a business license
for the Nightclub use.
4.
This business shall operate in conformance to Chapter 6.39 of the City of Las Vegas
Municipal Code.
5.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
6.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
7.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
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.
MR
SUP-59055 (PRJ-58640)
Staff Report Page One
June 9, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant proposes to add a Night Club (Nightclub) use to an existing 4,680 square-foot
Liquor Establishment (Tavern) use at 923 North Pecos Road. There are no minimum Special Use
Permit requirements associated with this application. The City of Las Vegas Ordinance 6143,
adopted on 05/06/15, introduced new regulations and requirements for a Nightclub use that
would prohibit this application from being processed, as the new distance separation
requirements from a school, house of worship, City park, child care facility licensed for 12 or
more children and single-family dwelling are not met. This application was processed prior to
the adoption of Ordinance 6143, so the new requirements do not apply and are presented for
reference only. The subject location has received three licensing complaints in 2015. Based on
the number of complaints received and the adjacent land uses the Nightclub use cannot be
conducted in a manner that is harmonious and compatible with surrounding properties. For these
reasons, staff recommends denial of this application. If denied, the existing Tavern may remain
without live entertainment or dancing; however, if approved, subject to conditions.
ISSUES
x
The City Council adopted Ordinance 6143, on May 6, 2015 changing the land use regulations
governing the Nightclub use. The Ordinance redefines the Nightclub use, the zoning district
the use is permitted, the types of activities that occur, hours or operations, minimum distance
separations from protected uses and other regulations. The new regulations prohibits a
Nightclub use within 1,500 feet of a school, church/house of worship, child care facility
licensed for 12 or more and 500 feet from a single-family dwelling. Prior to the effective date
of Ordinance 6143, the Night Club use was permitted in the C-1 (Limited Commercial)
zoning district with approval of a Special Use Permit. There were no minimum requirements
associated with this use.
The proximity of residential uses to the east, north and west of this site must be given special
attention, given the impacts of the proposed use to surrounding properties. A condition of
approval will requires noise attenuation to meet the requirements of Title 9.16 of the Las
Vegas Municipal Code.
The subject site has received three licensing complaints from 02/04/15 through 04/29/15.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
03/10/84
The City Council approved a Rezoning (Z-0066-84) request from R-3
(Limited Multiple Residence) to C-1 (Limited Commercial) with the proposed
use of a Convenience Store with gasoline and retail shops on the property
generally located on the north west corner of Washington Avenue and Pecos
Road. The Planning Commission recommended approval.
MR
SUP-59055 (PRJ-58640)
Staff Report Page Two
June 9, 2015 - Planning Commission Meeting
Related Relevant City Actions by P&D, Fire, Bldg., etc.
10/16/85
The City Council approved a Rezoning and Plot Plan Review (Z-0047-85)
request from R-3 (Limited Multiple Residence) to C-1 (Limited Commercial)
with the proposed use of a Shopping Center generally located on the
northwest corner of Washington Avenue and Pecos Road. The Planning
Commission recommended approval.
The City Council approved an Extension of Time (Z-0066-84) request the
12/18/85
property generally located on the north west corner of Washington Avenue
and Pecos Road. The Planning Commission and staff recommended approval.
The Board of Zoning Adjustment accepted a Withdraw Without Prejudice
request for a Special Use Permit (U-0102-96) for the On-Premise Sale of Beer
02/28/97
and Wine in conjunction with a proposed restaurant at 901 North Pecos Road.
The Board of Zoning Adjustment approved a Variance (V-0145-96) request to
11/26/96
allow 118 parking spaces where 130 parking spaces are required at 901 North
Pecos Road. Staff recommends approval.
The City Council approved a Special Use Permit (U-0150-96) request for the
On-Premise Sale of Beer and Wine in conjunction with a proposed restaurant
03/24/97
with a Waiver of the minimum 400-foot distance separation from a church
and park at 901 North Pecos Road. The Board of Zoning Adjustment
recommended approval.
12/02/99
The City Council approved a Variance (VAR-35857) to allow 105 parking
spaces where 113 spaces are required at 941 North Pecos Road. The Planning
Commission recommended approval.
05/06/15
The City Council adopted Ordinance 6143 thereby modifying the land use
and licensing regulation for the Nightclub use.
Most Recent Change of Ownership
12/26/08
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
1985
The shopping Center was constructed.
A business license (R09-01765) was issued for a Restaurant at 923 North
1985
Pecos Road. The license is active at of 05/19/15.
A business license (L16-00189) was issued for a Tavern at 923 North Pecos
03/21/90
Road. The license was marked out of business on 04/01/14.
A building permit for a restaurant bar and night club was issued. The permit
06/17/13
was finalized on 03/20/14.
A business license (L16-95947) was issued for a Tavern at 923 North Pecos
03/06/14
Road. The license is active at of 05/19/15.
A business license (P62-00276) was issued for Restricted Gaming at 923
03/06/14
North Pecos Road. The license is active at of 05/19/15.
MR
SUP-59055 (PRJ-58640)
Staff Report Page Three
June 9, 2015 - Planning Commission Meeting
A field check was conducted on the subject shopping center, which revealed
that there are restaurants, general retail shops, an existing Liquor
Establishment (Tavern) and a house of worship uses. The shopping center is
clean and maintained.
Planned or Special
Land Use Designation
SC (Service
Commercial)
C-1 (Limited
Commercial)
MR
SUP-59055 (PRJ-58640)
Staff Report Page Four
June 9, 2015 - Planning Commission Meeting
Surrounding
Property
North
Multi-Family
South
City Park
East
Single-Family,
Detached
West
Multi-Family
Planned or Special
Land Use Designation
M (Medium Density
Residential)
PR-OS
(Parks/Recreation/Open
Space)
L (Low Density
Residential)
M (Medium Density
Residential)
Compliance
N/A
Compliance
N/A
Compliance
N/A
N/A
N/A
Y
DEVELOPMENT STANDARDS
Pursuant to Title 19.08, 19.12 and parking Variance (VAR-35857) the following parking
standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
1:50 SF of
Seating
Liquor
Area
Establishment
4,680 GFA
*52
1:200
(Tavern)
Remaining
GFA
MR
SUP-59055 (PRJ-58640)
Staff Report Page Five
June 9, 2015 - Planning Commission Meeting
Parking Requirement
Gross Floor
Area or
Use
Number of
Units
Required
Provided
Compliance
Parking
Parking
Parking
HandiHandiRatio
Regular
Regular
capped
capped
1 SP Per 3
153 People Per Persons
Night Club
51*
Max
at Max
Capacity
51
52
Y
TOTAL SPACES REQUIRED
7
3
47
5
Y
Regular and Handicap Spaces Required
*VAR-35857 sets the parking requirement at 105 parking spaces for this site. The number of
required spaces for 923 Pecos North Road is 52 parking spaces. The Night Club use is one less
than required by the Liquor Establishment (Tavern) use. Thus adequate parking is provided.
ANALYSIS
The subject site is located on the northwest corner of Washington Avenue and Pecos Road
within an existing in-line commercial building. The site has an approved parking Variance
(VAR-35857) that sets the parking requirement at 105 parking spaces for the site. The parking
requirement for the Night Club use is one less than the existing Tavern use. The rules and
regulation governing the Nightclub use have changed from the time this application was process
to the time this application will be publicly heard. Approval of city of Las Vegas Ordinance
6143 changed the definition and Special Use Permit requirements for the Nightclub use. If this
application were reviewed by the new Special Use Permit requirement it would not be allowed to
be processed. Listed below is old definition and regulations for the Night Club use. This
application will be reviewed under the definition and Special Use Permit requirements in place
prior to the adoption of Ordinance 6143.
The definition and Special Use Permit requirements for a Night Club use prior to the adopted
City Ordinance 6143 are listed below:
The Night Club use is defined as An establishment, other than a teen dance center, that is
operated as a place of entertainment, characterized by any or all of the following as a principal
use:
1. Live, recorded, or televised entertainment, including but not limited to performance by
magicians, musicians or comedians.
2. Dancing.
The proposed use meets the definition, as the southwest portion of the tenant space is proposed
to be reserved with a stage and dance floor. There are no minimum Special Use Permit
requirements for this use.
MR
SUP-59055 (PRJ-58640)
Staff Report Page Six
June 9, 2015 - Planning Commission Meeting
There are two houses of worship within 1,500 feet of the proposed use, with one in the same
retail center. There are two schools within 1,500 feet of the site with the closest 43 feet to the
northwest, a multi-family residential property is adjacent to the north and west property lines,
single-family dwellings 100 feet east of the site, a City Park is 100 feet to the south of the
property and a child care facility licensed for 12 or more children 1,424 feet to the south. City of
Las Vegas Ordinance 6143 prohibits a Nightclub use within 1,500 feet of a church/house of
worship, school, City park and child care facility licensed for 12 or more children and 500 feet of
a single-family dwelling.
The new regulations do not apply to this application; however, per Title 19.16.110 The Special
Use Permit process was established to ensure that a proposed use is conducted in a manner that is
harmonious and compatible with uses located on the same or surrounding properties. The process
recognizes that, within a given zoning district, certain uses may be appropriate and compatible in
some locations but not in others. The Special Use Permit process allows a site-specific inquiry
into the compatibility of a proposed use at a particular location, taking into account: the
characteristics of the site and the surroundings; the relevant zoning and planning principles; and
the input of the Planning Commission, City Council and other interested parties.
The current use of the tenant space is a Liquor Establishment (Tavern) use. The site is within a
C-1 (Limited Commercial) District. The applicant has a business license that limits the night
club activities to less than 50 square feet of karaoke. The applicant would like that licensing
condition removed and conduct Nightclub activities (such as live and disc jockey music and
dancing). Per justification letter date stamped, 05/18/18, the Night Club hours of operation will
be from 9:00 p.m. to 4:00 a.m. Thursday through Sunday. Per floor plan date stamped, 04/23/15,
there is approximately 415 square feet of space dedicated for a dance floor and a stage. If
approved, the license will be issued under the new licensing regulations. A condition of approval
was added to ensure this occurs. Alcohol service and sales are not a part of this use as they exist
on site.
There is concern that there will be secondary impacts resulting from individual and crowds, loud
noises and alcohol in close proximity to residential dwellings and a City park. The applicants
justification states that three security guards (two armed) will be on premise. Also, that noise
reducers have been installed inside the suite and the doors remain closed. There is still concern
that unwanted sound could pose a nuisance to the adjacent properties and potential conflicts
could occur in the parking lot between Nightclub patrons and the apartment residents to the north
and west or the single-family residence to the east. A Condition of Approval was added to ensure
loud noises would be compliant with code. Also, a six-month required review has been added to
ensure the secondary impacts of the use do not adversely affect the adjacent land uses.
The subject property is within 500 feet of the County of Clarks jurisdiction; therefore, this
request qualifies as a Project of Regional Significance. All the proper documents were
completed and distributed to the required departments and agencies. The Las Vegas Valley
MR
SUP-59055 (PRJ-58640)
Staff Report Page Seven
June 9, 2015 - Planning Commission Meeting
Water District returned the following comments: This parcel is currently served by LVVWD
but does not have the required backflow prevention per NAC 445A.67195. Civil and plumbing
plans will need to be submitted to LVVWD for meter sizing, available fire flow, and installation
of required backflow prevention.
The Nightclub use and associated secondary impacts is not compatible with surrounding land
uses. Staff recommends denial of this application; however, if approved it would be subject to
conditions. If this is application is denied the Liquor Establishment (Tavern) use can remain
operational, but no Nightclub activities can occur at this location.
FINDINGS (SUP-59055)
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 Nightclub is not compatible with the existing retail and residential
developments, as the secondary impacts (such as excessive noise and possible personal
confrontations) associated with a Nightclub use are too intense for the existing
development and the adjacent residential uses.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The proposed development will be located within an established retail center that has
parking and adequate vehicular circulation for the proposed use. The site is physically
suitable for this use; however, the building is adjacent to residential dwellings on three
sides and a City Park on the fourth. The proximity of the Nightclub use with regards to the
surrounding residential and civic uses is too intense for this location.
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 site access is from Washington Avenue and Pecos Road. Both roads are 100-foot
wide Primary Arterials with adequate capacity to serve 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.
MR
SUP-59055 (PRJ-58640)
Staff Report Page Eight
June 9, 2015 - Planning Commission Meeting
The Nightclub will be subject to licensing and regular inspection; however, the secondary
impacts associated with a Nightclub use could compromise public health, safety and
general welfare of the surrounding neighborhood. Additional security guards or staff may
be required as a deterrent or to halt secondary activities that may occur outside the
building. Also, additional measure may be necessary in order to comply with the minimum
requirements of the Title 9 noise ordinance.
5.
The use meets all of the applicable conditions per Title 19.12.
At the time this application was made, there were no minimum Special Use Permit
requirements for the Night Club use in Title 19.12.
NOTICES MAILED
381
APPROVALS
PROTESTS
35
MR
SUP-59055
SUP-59055
SUP-59055
SUP-59055
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SUP-59055
SUP-59055 [PRJ-58640] - SPECIAL USE PERMIT -APPLICANT: RINCON DE LOS REMEDIOS - OWNER:
WETHERBEE PROPERTIES, LLC
923 NORTH PECOS ROAD
04/30/15
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SUP-59055
SUP-59055
Discussion
SUBJECT:
VAC-59208 - VACATION - PUBLIC HEARING - APPLICANT/OWNER: AFFORDABLE
HOUSING FOR EVERYONE, INC. - For possible action on a request for a Petition to Vacate
two five-foot wide public drainage easements located at 1961-1973 Simmons Street, (APNs 13920-301-007 and 008), Ward 5 (Barlow) [PRJ-58587]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Supporting Documentation - VAC-59208 and SDR-58932 [PRJ-58587]
3. Conditions and Staff Report - VAC-59208 and SDR-58932 [PRJ-58587]
4. Photo(s) - VAC-59208 and SDR-58932 [PRJ-58587]
5. Justification Letter - VAC-59208 and SDR-58932 [PRJ-58587]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAC-59208
SDR-58932
RECOMMENDATION
Staff recommends APPROVAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:
REQUIRED FOR
APPROVAL
VAC-59208
** CONDITIONS **
VAC-59208 CONDITIONS
Planning
1.
The limits of this Petition of Vacation shall be a 5-foot wide public drainage easement
located on Assessor Parcel #139-20-301-007 and a 5-foot wide public drainage easement
located on Assessor Parcel #139-20-301-008.
2.
Prior to the recordation of the Order of Vacation, meet with the Flood Control Section of
the Department of Public Works for assistance with establishing finished floor elevations
and drainage paths for this site prior to submittal of construction plans, the issuance of any
building or grading permits, or the submittal of a map for this site, whichever may occur
first. Provide and improve all drainage ways as recommended. Required Public Drainage
Easements must be granted prior to the recordation of this Order of Vacation.
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.
GK
4.
The Order of Vacation shall not be recorded until all of the conditions of approval have
been met provided, however, that conditions requiring modification of public
improvements may be fulfilled for purposes of recordation by providing sufficient security
for the performance thereof in accordance with the Subdivision Ordinance of the City of
Las Vegas. City Staff is empowered to modify this application if necessary because of
technical concerns or because of other related review actions as long as current City 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 or easement 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 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.
SDR-58932 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, landscape plan and building
elevations, date stamped 05/20/15, except as amended by conditions herein.
3.
A Waiver from Title 19.06.110 is hereby approved, to allow a nine-foot wide landscape
buffer along the east perimeter where 10 feet is the minimum required.
4.
A Waiver from Title 19.06.110 is hereby approved, to allow zero-foot wide landscape
buffers along a portion of the north and south perimeters where six feet is the minimum
required.
5.
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6.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
7.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
8.
9.
A fully operational fire protection system, including fire apparatus roads, fire hydrants and
water supply, shall be installed and shall be functioning prior to construction of any
combustible structures.
10. Prior to or at the time of submittal for any building permit, the applicant shall provide
written verification by the FAA and/or the Clark County Department of Aviation of the
following:
a. Record a stand-alone noise disclosure form against the land, and provide a copy
of the recorded document to the Clark County Department of Aviation;
b. Provide a copy of the recorded noise disclosure form to future buyers/renters,
separate from other escrow documents, and provide a copy of the document to
the Clark County Department of Aviation;
c. Provide a map to future buyers/renters, as part of the noise disclosure notice,
that highlights the project location and associated flight tracks, provided by the
Department of Aviation when property sales/leases commence;
d. Incorporate an exterior to interior noise level reduction of 30 decibels into the
building construction for the habitable space that exceeds 35 feet in height or 25
decibels into the building construction for the habitable space that is less than 35
feet in height.
11. All City Code requirements and design standards of all City Departments must be satisfied,
except as modified herein.
Public Works
12. A Petition of Vacation, such as VAC-59208, shall record prior to the issuance of any
building permits to eliminate any drainage easements conflicts with this site.
GK
13. In accordance with code requirements of Title 13.56, remove all substandard offsite
improvements, if any, and replace with new improvements meeting Current City Standards
concurrent with development of this site. All existing paving damaged or removed by this
development shall be restored at its original location and to its original width concurrent
with development of this site.
14. Driveways must be constructed to meet the intent of Standard Drawing #225 or #226.S1
with a maximum opening of 32 feet. Amend for ADA Compliance with the traffic engineer
approval. Egressing vehicles shall not back out into the roadway per Las Vegas Municipal
Code Title13.16.190.
15. Any 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.
16.
Meet with the Flood Control Section of the Department of Public Works for assistance with
establishing finished floor elevations and drainage paths for this site prior to submittal of
construction plans, the issuance of any building or grading permits, or the submittal of a
map for this site, whichever may occur first. Provide and improve all drainage ways as
recommended.
GK
** STAFF REPORT **
PROJECT DESCRIPTION
The two undeveloped lots total 0.48 acres and are located at the southwest corner of Coran Lane
and Simmons Street, approximately 250 feet south of Coran Lane. The applicant is requesting to
construct two 3,648 square-foot multi-family residential buildings, each consisting of four two
bedroom units. As proposed, the new 7,296 square-foot multi-family development does not
adhere to all minimum requirements as outlined by Title 19. The required landscape buffers
adjacent to right-of-ways are being partially provided. The applicant is requesting Waivers and
Exceptions to address the landscaping issues. In addition, the proposed multi-family structures
do not adhere to the minimum residential adjacency setback requirements. As proposed, each
multi-family residential building would locate on top of a five-foot wide public drainage
easement. The existing easements are in conflict with the proposed multi-family residential
development and are not needed in their current configurations. New drainage patterns will be
created with the redesign of the site. The applicant has requested an associated Petition to Vacate
(VAC-59208) the two existing public drainage easements, which staff supports.
Policies 2.1.5 and 2.6.2 of the Las Vegas 2020 Master Plan encourages neighborhood
revitalization through infill development of two, three and four plex housing opportunities
through a variety of incentives including relaxation of setback requirements when offset with
enhanced landscaping. As illustrated by the requested landscape Waiver, the proposed
development is requesting a relaxation of residential adjacency setback requirements but is not
providing enhanced landscaping to help offset the issue. As a result, the development does not
meet the intent of Policies 2.1.5 and 2.6.2 of the Las Vegas 2020 Master Plan. As such, staff
recommends denial of the Site Development Plan Review application. If denied, the requested
development could not be constructed as proposed and the subject site would remain
undeveloped. If the Petition to Vacate is denied, the easements will remain as currently mapped.
ISSUES
x
x
x
GK
x
x
x
Waivers of Title 19.06.110 perimeter landscape requirements are required to allow zerofoot wide buffers along a portion of the north and south property lines where 6 feet is
required.
An Exception of Title 19.06.040 is required to allow 32 trees within the north, south, east
and west landscape buffers where 42 trees are required.
The existing five-foot wide public drainage easements, one on each lot, are in conflict
with the proposed multi-family residential development. As a result, a Petition to Vacate
is required.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Board of City Commissioners approved a Petition to Annex (A-0012-80)
0.95 acres of property generally located on the west side of Simmons Street,
09/30/80
approximately 249 feet south of Lake Mead Boulevard. The annexation
became effective on 11/14/80.
GK
Pre-Application Meeting
Staff held a pre-application meeting with the owner to discuss a proposal to
develop two vacant lots at 1961-1973 Simmons Street. The applicant
proposed two four-unit multi-family residential development buildings. Staff
concluded that a Site Development Plan would be required, as well as
03/31/15
Waivers for inadequate landscape buffers and residential adjacency standards.
According to Title 19.06.040(I)(e), the residential adjacency requirements
may be waived for any multi-family residential project that is intended to
meet the affordable housing objectives of the General Plan.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
04/30/15
Staff conducted a routine field check and noted a vacant lot with a small
amount of trash. In addition, a half completed and abandoned CMU block
wall was noted along the north and west property lines. Chain link fencing
was noted along portions of the east property line.
Surrounding
Property
Subject Property
North
South
East
West
Planned or Special
Land Use Designation
M (Medium Density
Residential)
RN (Rural
Neighborhood) Clark
County
M (Medium Density
Residential)
H (High Density
Residential)
RN (Rural
Neighborhood) Clark
County
GK
Compliance
Y
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to 19.06, the following standards apply:
Standard
Required/Allowed
Min. Lot Size
6,500 SF
Min. Setbacks
x Front
10 Feet
x Side
5 Feet
20 Feet
x Rear
Max. Building Height
55 Feet
Trash Enclosure
Mech. Equipment
Provided
10,326 SF
15 Feet
6 Feet
20 Feet
22.5 Feet
Screened,
Screened, Gated, w/ Gated w/ a
a Roof or Trellis
Trellis
Screened
Screened
Compliance
Y
Y
Y
Y
Y
Y
Y
GK
Street Name
Simmons Street
Compliance
N
N
Y
N
N
N
N
N
N
Y
N/A
Functional
Classification of
Street(s)
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Local Street
59 Feet
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
1.75
spaces per
14
8 Two
unit
Multi-Family
Bedroom
Residential
1 guest
Units
space per
2
6 units
GK
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
16
16
Y
TOTAL SPACES REQUIRED
14
2
14
2
Y
Regular and Handicap Spaces Required
Waivers
Requirement
10-foot perimeter landscape
buffer along the east property
line
6-foot perimeter landscape
buffer along the north property
line
6-foot perimeter landscape
buffer along the south property
line
Residential Adjacency setback
of 67.5 Feet
Exceptions
Requirement
24-inch box shade trees per 20
linear feet within the north
landscape buffer (12 required)
24-inch box shade trees per 20
linear feet within the south
landscape buffer (12 required)
24-inch box shade trees per 20
linear feet within the east
landscape buffer (8 required)
Request
Staff Recommendation
Nine Feet
Denial
Zero Feet
Denial
Zero Feet
Denial
Six Feet
Denial
Request
Staff Recommendation
Eight Trees
Denial
Eight Trees
Denial
4 Trees
Denial
ANALYSIS
The subject site consists of two undeveloped lots totaling 0.48 acres located at the southwest
corner of Coran Lane and Simmons Street, approximately 250 feet south of Coran Lane. The
applicant is requesting to construct a two-story, four-unit multi-family residential building on
GK
each undeveloped lot. The sites development is proposed within the context of an R-3 (Medium
Density Residential) zoned property along a well-established multi-family residential corridor.
The R-3 (Medium Density Residential) District is intended to provide for the development of a
variety of multi-family units such as duplexes, townhouses and medium density apartments.
The submitted site plan, date stamped 05/20/15, illustrates two identical 3,648 square-foot multifamily residential buildings, each consisting of four two bedroom units. The primary building
materials utilized to construct the two proposed four unit multi-family buildings are stucco,
smooth concrete block and wood soffit. The various materials and carefully designed variations,
patterns, jogs, and offsets assist in dividing the 22.5-foot tall building masses and create
architectural character.
Each multi-family residential building would locate on top of a five-foot wide public drainage
easement. The existing easements are in conflict with the proposed multi-family residential
development and are not needed in their current configurations. New drainage patterns will be
created with the redesign of the site. The applicant has requested an associated Petition to Vacate
(VAC-59208) the two existing public drainage easements, which staff supports. As no right-ofway is proposed to be vacated, and thus no franchise rights are involved, it is not necessary to
send this VAC request to the utility companies and franchise holders, nor wait for their
responses. Since only City easements are involved, any utility company interests will need to be
addressed with each respective utility company and will not be affected by the City vacating its
interest.
As proposed, the new 7,296 square-foot multi-family development does not adhere to all
minimum requirements as outlined by Title 19. The proposed structures do not adhere to the
minimum residential adjacency setback requirement. Although the proposed heights of 22.5 feet
are within the maximum height requirements typically allowed in the R-3 (Medium Density
Residential) zone, the subject site is adjacent to residentially zoned properties to the north and
west. As a result, the subject site is subject to Residential Adjacency Standards. As proposed, the
22.5-foot tall buildings would require a 67.5-foot setback to the nearest protected property, as
outlined by Title 19.08.040(H). According to the submitted site plan, each building would only
provide a 20-foot setback to the R-E (Rural Estates Residential Clark County) property to the
west where 67.5 feet is the minimum required. Furthermore, the northern most proposed multifamily building would provide a six-foot setback to the R-E (Rural Estates Residential Clark
County) property to the north where 67.5 feet is the minimum required. Typically, a Variance is
required to address a residential adjacency issue. However, according to Title 19.06.040(I)(e),
the residential adjacency requirements may be waived for any multi-family residential project
that is intended to meet the affordable housing objectives of the General Plan. According to the
submitted justification letter, the proposed multi-family residential buildings are designed for
affordable housing. Therefore, the applicant is requesting a Waiver to address the issue.
GK
In addition, the required landscape buffers adjacent to the right-of-way and interior lot lines are
being partially provided. Specifically, the applicant is requesting a Waiver to allow a nine-foot
wide landscape buffer along the east property line where a ten-foot wide landscape buffer is
required. The applicant is also requesting Waivers to allow zero-foot wide landscape buffers
along portions of the north and south property lines where six-foot wide landscape buffers are
required. According to the submitted justification letter, the applicant is not providing the
required landscape buffer adjacent to Simmons Street in an effort to accommodate the necessary
on-site parking and vehicle circulation demands. There was no justification provided for the lack
of landscape buffers along the side property lines. As a result of the inadequate landscape
buffers, Exceptions are required to allow 32 landscape buffer trees along the north, south, east
and west buffers where 42 are required.
Policies 2.1.5 and 2.6.2 of the Las Vegas 2020 Master Plan encourages neighborhood
revitalization through infill development of two, three and four plex housing opportunities
through a variety of incentives including relaxation of setback requirements when offset with
enhanced landscaping. As illustrated by the requested landscape Waiver and Exceptions, the
proposed development is requesting a relaxation of residential adjacency setback requirements
but is not providing enhanced landscaping to help offset the issue. As a result, the development
does not meet the intent of Policies 2.1.5 and 2.6.2 of the Las Vegas 2020 Master Plan and staff
recommends denial of this Site Development Plan Review.
The Department of Planning routed this request for a Vacation and Site Development Plan
Review to outside agencies for review. The Clark County Department of Aviation responded
with the following comments. The property lies within the AE-60 (60-65 DNL) noise contour
for the North Las Vegas Airport (VGT). The subject property is exposed to significant singleevent aircraft overflight noise, and many aircraft are at very low altitudes above it. Future
demand for air travel and airport operations is expected to increase significantly. Clark County
intends to continue to upgrade VGT to meet future air traffic demand. Residential properties
located in the AE-60 in the City of North Las Vegas, City of Henderson, and Clark County
would require the applicant to:
x
x
Record a stand-alone noise disclosure form against the land, and provide a copy of the
recorded document to the Clark County Department of Aviation;
Provide a copy of the recorded noise disclosure form to future buyers/renters, separate
from other escrow documents, and provide a copy of the document to the Clark County
Department of Aviation;
Provide a map to future buyers/renters, as part of the noise disclosure notice, that
highlights the project location and associated flight tracks, provided by the Department of
Aviation when property sales/leases commence;
Incorporate an exterior to interior noise level reduction of 30 decibels into the building
construction for the habitable space that exceeds 35 feet in height or 25 decibels into the
building construction for the habitable space that is less than 35 feet in height.
GK
It is also advised that the Federal Aviation Administration will no longer approve remedial noise
mitigation measures for incompatible development impacted by aircraft operations which was
constructed after October 1, 1998, and funds will not be available in the future should the residents
wish to have their buildings purchased or soundproofed.
In addition to the Clark County Department of Aviation, the Las Vegas Valley Water District
responded with the following comment. These two parcels are currently served by LVVWD but
do not have the required backflow prevention per NAC 445A.67195. If the proposed
development will span over the two parcels, proof of parcel lot consolidation will be required
prior to obtaining service from LVVWD. Civil and plumbing plans will need to be submitted to
LVVWD.
Finally, the Clark County School District submitted a School Development Tracking Form
detailing the closest elementary school, middle school and high school to the proposed multifamily residential development. The form also details the capacity levels for each school.
According to the submitted tracking form, Detwiler Elementary School is currently 51.81 percent
over capacity for the 2014-15 school year.
FINDINGS (VAC-59208)
The existing five-foot wide public drainage easements are in conflict with the proposed multifamily residential development and are not needed in their current configurations. New drainage
patterns will be created with the redesign of the site. For these reasons, staff recommends
approval of the requested Petition to Vacate.
FINDINGS (SDR-58932)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E) the
Planning Commission and/or City Council must affirm the following:
1.
2.
The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other dulyadopted city plans, policies and standards;
GK
4.
5.
6.
Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
The proposed project will not impact public health, safety or general welfare as the site is
subject to City inspections during construction, as well as routine business license
inspections for any commercial activity.
10 - VAC-59208
214 - SDR-58932
APPROVALS
0 - VAC-59208
0 - SDR-58932
PROTESTS
0 - VAC-59208
1 - SDR-58932
10
GK
VAC-59208
VAC-59208
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http://ccsd.net/departments/real-property
Entity
LV
State
Mobile
Project Name
Zip Code
Fax
APN's
139-20-301-007, 008
Student Yield
Elementary School
Middle School
High School
x 0.195 =
x 0.102 =
x 0.135 =
x 0.135 =
x 0.056 =
x 0.062 =
(1) Single Family unit is defined as single family detached home, mobile home, and town homes.
(2) Multi-Family unit is defined as apartment, multiplexes, and condominiums.
(3) Resort Condominium units for tracking purposes only.
* To be completed by CCSD
Schools Serving the Area*
Name
Address
Grade
Capacity
Enrollment
Site Date
Detwiler ES
1960 Ferrell St
K-5
525
730
03/20/15
6-8
1352
1326
03/20/15
Western HS
4601 W. Bonanza Rd
9-12
2776
2393
03/20/15
* CCSD Comments Detwiler ES is over capacity for the 2014-15 school year. Detwiler ES is 51.81% over capacity.
Approved
Disapproved
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Discussion
SUBJECT:
SDR-58932 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAC-59208 - PUBLIC
HEARING - APPLICANT/OWNER: AFFORDABLE HOUSING FOR EVERYONE, INC. For possible action on a request for a Site Development Plan Review FOR TWO PROPOSED
FOUR-UNIT MULTI-FAMILY RESIDENTIAL DEVELOPMENTS WITH A WAIVER TO
ALLOW A RESIDENTIAL ADJACENCY SETBACK OF SIX FEET WHERE A MINIMUM
OF 67.5 FEET IS REQUIRED AND WAIVERS TO ALLOW ZERO-FOOT WIDE
LANDSCAPE BUFFERS ALONG A PORTION OF THE NORTH AND SOUTH PROPERTY
LINES WHERE SIX FEET IS REQUIRED AND A 9-FOOT WIDE LANDSCAPE BUFFER
ADJACENT TO THE RIGHT OF WAY WHERE TEN FEET IS REQUIRED on 0.48 acres at
1961-1973 Simmons Street (APNs 139-20-301-007 and 008), R-3 (Medium Density Residential)
Zone, Ward 5 (Barlow) [PRJ-58587]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 7/15/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
4. Protest Postcard
SDR-58932
SDR-58932
Discussion
SUBJECT:
TXT-58648 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For discussion and possible action on a request to amend LVMC Chapter
19.16.180 related to Home Occupation Permits and to provide for other related matters. Staff
recommends APPROVAL.
THIS ITEM WILL BE FORWARDED TO CITY COUNCIL IN ORDINANCE FORM
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Proposed Amendments and Staff Report
TXT-58648
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
TXT-58648
RECOMMENDATION
REQUIRED FOR
APPROVAL
** PROPOSED AMENDMENT(S) **
1.
TXT-58648
Proposed Amendment Page Two
June 9, 2015 Planning Commission Meeting
SS
TXT-58648
Proposed Amendment Page Three
June 9, 2015 Planning Commission Meeting
TXT-58648
Proposed Amendment Page Four
June 9, 2015 Planning Commission Meeting
q. Legal, court reporting or related services;
r. Internet, mail Mail order and catalog services;
s. Mobile serve service businesses;
t. Network marketing services;
u. Janitorial, maintenance and repair services;
v. Party planning services;
w. Photography, video or related services;
x. Secretarial, typing, answering or related services;
y. Tailoring and sewing services;
z. Teaching or related services with a maximum of two students at any one time;
aa. Travel services;
bb. Vending machine businesses;
cc. Writers, authors or related professionals; and
dd. Cottage food operations.
3. Any Home Occupation Permit which is found to be similar to those enumerated in this
Subsection and which, in the opinion of the Director, is compatible with the intent of
this Section, may be approved or approved with conditions. If the Director determines
that a proposed Home Occupation would be detrimental to the public health, safety
and welfare or injurious to the existing land uses on the property or to the surrounding
properties, or does not substantially conform to the Operational Standards contained in
this Section, the Director shall deny the Home Occupation Permit.
SS
TXT-58648
Staff Report Page One
June 9, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This item is for discussion and possible action to amend LVMC Chapter 19.16.180 related to the
operational standards for Home Occupation Permits and to provide for other related matters.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council adopted Ordinance 4073 as the second amendment of Bill
1997-19, to add Title 19A to the Las Vegas Municipal Code for purposes of
establishing regulations and procedures governing zoning and land use
03/24/97
matters for the City. The standards and procedures for Home Occupation
Permits contained in Title 19 were revised as part of this document.
The City Council adopted Ordinance 6301 as the first amendment of Bill
2014-8, which updated the standards applicable to Home Occupation Permits
03/05/14
and established parameters for cottage food operations to be conducted as a
home occupation.
ANALYSIS
The intent of these regulations is to allow for operation of businesses from a dwelling unit where
the business owner resides without business activities being recognizable to the general public
under normal circumstances, including the adjacent properties. Only those persons living at the
residential dwelling unit may conduct business from that location. The primary use of the
property is residential, while the business use is accessory to the residential use. Occupations
that pose serious safety risks to neighbors are not allowed. Changes to the regulations are
proposed that clarify these assumptions about home occupations.
Motor repair, painting or body work on motor vehicles or trailers is currently prohibited as a
Home Occupation operational standard by Title 19.16.180.G(1)(e); however, Subparagraph
(G)(2) allows mobile service businesses to operate as Home Occupations. Furthermore, Title
19.12 allows (as a conditional use) the repair of vehicles in residentially zoned districts under
certain restrictions. This amendment would resolve this conflict by allowing mobile repair
services to operate as Home Occupations and clarifying that mobile services are exclusively to
be provided offsite and are not permitted to be conducted from the residential business address.
Mobile repair services must also meet the requirements of the Vehicle Parking, Storage or Repair
in Residential Zoning Districts use in Title 19.12.
SS
TXT-58648
Staff Report Page Two
June 9, 2015 - Planning Commission Meeting
The following clarifications are also made with regard to Home Occupation Permits:
x No outside storage is permitted in connection with a Home Occupation;
x Internet sales are permitted as a Home Occupation;
x Food preparation is prohibited except as allowed in conjunction with a Cottage Food
Operation as defined in Title 19.18;
x Storage of vehicles for sale by auto dealers is not allowed as part of a Home Occupation.
Currently, Auto Dealer Inventory Storage as a separate use in Title 19 is not permitted in
any residential zoning district;
x A Home Occupation may be operated from an enclosed accessory structure, but must
meet area restrictions; and
x While vehicles may be used in conducting a home-based business, those vehicles
intended solely for commercial use may not be parked at the place of residence;
No changes are proposed related to the processing or review of Home Occupation Permits.
FINDINGS (TXT-58648)
The proposed text amendment will achieve the following:
x
x
x
x
Clarify the list of business operations that are prohibited as a Home Occupation;
Resolve an apparent conflict whereby repair of motor vehicles was not allowed as part of a
Home Occupation Permit, yet vehicle repair in residential zoning district is allowed under
certain restrictions elsewhere in Title 19;
Clarify locational and vehicle restrictions for operation of Home Occupations; and
Correct minor syntactical errors.
Proposed Regulation
x Clarifies that onsite repair,
painting or body work
pertaining to motor vehicles or
trailers is prohibited as a Home
Occupation. Mobile repair
services are allowed subject to
the restrictions of LVMC
19.12
x Adds that Vehicle storage by a
vehicle dealer is also
prohibited as a Home
Occupation
SS
TXT-58648
Staff Report Page Three
June 9, 2015 - Planning Commission Meeting
Code Requirement
Existing Regulation
x No commercial preparation of
LVMC 19.16.180 (G)
food for service on the premises
Home Occupation
shall be permitted as a Home
Permit Operational
Occupation
Standards
x No business related to or
involving ammunitions or
weapons shall be permitted as a
Home Occupation
x A Home Occupation shall be
conducted exclusively within
the main dwelling or within an
accessory structure approved
for the Home Occupation
Permit, except for horticultural
activities
NOTICES MAILED
Proposed Regulation
x Onsite commercial preparation
of food for service on or off
the premises is prohibited as a
Home Occupation, except as
permitted for a cottage food
operation
x Clarifies that the sale or
storage of explosives,
ammunition or firearms is
prohibited as a Home
Occupation
x Clarifies that a Home
Occupation may be conducted
within an enclosed accessory
structure; however, no more
than 25% of the total floor area
of all structures may be
devoted to the home
occupation, and no more than
5% of the total floor area of all
enclosed structures may be
devoted to the storage of stock
in trade, with no outside
storage permitted
x Clarifies that only one
passenger vehicle and one
trailer may be used, and
parking and storage of vehicles
are subject to LVMC Title
19.12 regulations. Types of
vehicles prohibited from being
stored at a residence are listed
x Adds an internet ordering
service as a business permitted
as a Home Occupation
N/A
RJ only
SS
TXT-58648
Staff Report Page Four
June 9, 2015 - Planning Commission Meeting
APPROVALS
PROTESTS
SS
Discussion
SUBJECT:
TXT-59132 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For discussion and possible action on a request to amend LVMC Chapter 19.12
related to Permitted Uses to streamline zoning requirements and development standards for
various land uses, and to provide for other related matters. Staff recommends APPROVAL.
THIS ITEM WILL BE FORWARDED TO CITY COUNCIL IN ORDINANCE FORM
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Proposed Amendments and Staff Report
TXT-59132
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
TXT-59132
REQUIRED FOR
APPROVAL
RECOMMENDATION
Staff recommends APPROVAL.
**PROPOSED AMENDMENTS**
1.
Title 19.12.010 Table 2 (Permitted Uses) is hereby amended by amending the following
entries:
P P
C-M
C-PB
C-2
C-1
Automobile Rental
P-O
S P P
P
R-MH
R-4
R-3
R-2
R-TH
R-CL
R-SL
R-1
R-E
Additional
Information
page 324
Beer/Wine/Cooler On-Sale
Establishment
S C C
C page 327
C
S S S S S page 331
C C C C C
S P
C
S S S S S
S S S
C C
C C
P P
P P P
P P Page 332
page 337
S S S S S S page 362
C C C C C C
S
page 365
C
S S S S S S page 370
C C
C C
S S
C C page 373
C C
SG
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Proposed Amendment Page Two
June 9, 2015 - Planning Commission Meeting
2.
Title 19.12.070 is hereby amended by amending the conditional use regulations and
minimum special use permit requirements for the Automobile Rental use as follows:
Automobile Rental
Description: A facility for the rental of new or used automobiles or other passenger
vehicles. For purposes of the limitations of this Title on outside storage, vehicles kept
on a lot for rental purposes are not considered to be outside storage.
Conditional Use Regulations:
1. The minimum site area designated for rental services shall be 25,000 square feet.
2 1. The installation and use of an outside public address or bell system is prohibited.
3. No used or discarded automotive parts or equipment shall be located or stored in any
open area outside of an enclosed building.
4. All exterior lighting shall be screened or otherwise designed so as not to shine
directly onto any adjacent parcel of land.
5. Service bays for repairs, installations, cleaning or gas dispensing services facing a
public street or a residential zoning district shall be screened to a height of at least 8
feet.
Minimum Special Use Permit Requirements:
1. No more than 5 rental vehicles shall be stored on the site at any one time.
2. No vehicles shall be offered for sale on the premises.
3. No more than 5 rental vehicles shall be stored on the site at any one time. (C-1 only).
3. The installation and use of an outside public address or bell system is prohibited.
4. No used or discarded automotive parts or equipment shall be located or stored in any
open area outside of an enclosed building.
5. All exterior lighting shall be screened or otherwise designed so as not to shine
directly onto any adjacent parcel of land.
6. Service bays for repairs, installations, cleaning or gas dispensing services facing a
public street or a residential zoning district shall be screened to a height of at least 8
feet.
On-site Parking Requirement: One space for each 200 300 square feet of gross floor
area., plus one space per rental vehicle.
3.
Title 19.12.070 is hereby amended by converting the minimum special use permit
requirements into conditional use regulations for the Beer/Wine/Cooler On-Sale
Establishment use as follows:
Beer/Wine/Cooler On-Sale Establishment
Description: An establishment whose license to sell alcoholic beverages is limited to
the sale of beer, wine and coolers only for consumption on the premises where the same
is sold.
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June 9, 2015 - Planning Commission Meeting
SG
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June 9, 2015 - Planning Commission Meeting
4.
Title 19.12.070 is hereby amended by adding conditional use regulations for the Building
Maintenance Service and Sales use as follows:
Building Maintenance Service and Sales
Description: A facility or area for contracting services such as building repair and
maintenance, the installation of plumbing, electrical, air conditioning and heating
equipment, janitorial services, and exterminating services. The retail sale of supplies is
permitted as an accessory use.
Conditional Use Regulations:
1. No outdoor storage is allowed.
Minimum Special Use Permit Requirements:
* 1. Accessory outdoor storage must meet all requirements of
19.08.040(E)(4)(e), irrespective of whether or not for purposes of
19.08.040(E)(4)(e) a Variance from its requirements is granted pursuant
provision and LVMC 19.16.140.
* 2. Accessory outdoor storage shall be limited to no more than 10% of the
area.
LVMC
LVMC
to that
total lot
On-site Parking Requirement: One space for each 300 square feet of gross floor area.
5.
Title 19.12.070 is hereby amended by deleting the conditional use regulations for the
Catering Service use as follows:
Catering Service
Description: A service that provides for the preparation, storage, and delivery of food
and food utensils for off-premise consumption.
Conditional Use Regulations:
1. No more than 2 delivery vehicles shall be dispatched from the site.
2. The maximum floor area shall not exceed 2,500 square feet.
On-site Parking Requirement: One space for each 500 square feet of gross floor area.
6.
Title 19.12.070 is hereby amended by adding conditional use regulations and deleting
minimum special use requirements for the Convalescent Care Facility / Nursing
Home use as follows:
SG
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Proposed Amendment Page Five
June 9, 2015 - Planning Commission Meeting
Title 19.12.070 is hereby amended by deleting the conditional use regulations for the
Manufactured Home (Not Qualifying for Zoning Treatment as Single Family Detached
Dwelling) use as follows:
Manufactured Home (Not Qualifying for Zoning Treatment as Single Family
Detached Dwelling)
Description: A structure (as defined in NRS 489.113) that does not qualify for Statelaw zoning treatment as a Single Family Detached Dwelling. The fact that a structure
does not qualify for State-law zoning treatment as a Single Family Detached Dwelling
does not preclude it from being so treated for other purposes, or from being
permanently affixed to a residential lot.
SG
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Proposed Amendment Page Six
June 9, 2015 - Planning Commission Meeting
Title 19.12.070 is hereby amended by converting the minimum special use permit
requirements into conditional use regulations for the Restaurant with Service Bar use as
follows:
Restaurant with Service Bar
Description: A bar wherein alcoholic beverage drinks are prepared for service only at
tables in a restaurant and for consumption only in connection with a meal served on the
premises, and where customers are not permitted to purchase alcoholic beverage drinks
directly from the bar or for off-premise consumption.
Minimum Special Use Permit Requirements Conditional Use Regulations:
1. No restaurant service bar 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.
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.
SG
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Proposed Amendment Page Seven
June 9, 2015 - Planning Commission Meeting
Title 19.12.070 is hereby amended by amending the conditional use regulations and
deleting the minimum special use permit requirements for the Senior Citizen Apartments
use as follows:
Senior Citizen Apartments
Description: An apartment house or other multi-family dwelling in which each unit is
occupied by at least one person 55 years of age or older, or in which the units are
intended and operated for occupancy by persons 55 years of age or older. This use
includes an apartment house or other multi-family dwelling that qualifies as housing
for older persons under the provisions of Federal law, including without limitation
housing developments that:
1. Provide significant facilities and services specifically designed to meet the
physical or social needs of older persons; and
SG
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Proposed Amendment Page Eight
June 9, 2015 - Planning Commission Meeting
Title 19.12.070 is hereby amended to add conditional use regulations for the Social
Service Provider use as follows:
SG
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Proposed Amendment Page Nine
June 9, 2015 - Planning Commission Meeting
SG
TXT-59132
Staff Report Page One
June 9, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT SUMMARY
This is a request to amend LVMC Title 19 for permitted uses and use regulations. The intent of
the request is to provide a more user-friendly zoning code for the general public and to
significantly reduce the time needed for approval of some uses by allowing them to be permitted
without first requiring approval of a Special Use Permit.
ANALYSIS
This amendment is to reduce the number of uses that require a Special Use Permit, and cleans up
uses that were previously reduced from requiring conditional use approval. The proposed
amendment affects the permitted uses section of LVMC Title 19.
Periodically, the Department reviews the Permitted Uses table to determine if there are any uses
requiring approval of a Special Use Permit that are routinely approved at the public hearing
level. This proposal would reduce the number of uses that require Special Use Permits based on
the following:
1. The evaluation of each use to determine if a Special Use Permit is still warranted. Some uses
which may have warranted a Special Use Permit in the past may no longer have the negative
secondary impacts that were previously present. This may be a result of the development and
application of more comprehensive planning techniques, better technology, increased
regulation of the activity (i.e. through the business licensing process) or the natural
maturation of the activity over time.
2. Allowing uses to be administratively approved within certain zoning districts, either as a
conditional use or as a use permitted by right, instead of requiring a Special Use Permit. For
several of the targeted uses, the minimum special use permit requirements have been
included as, or converted into, conditional use regulations to maintain certain standards and
protections that currently exist, such as distance separation requirements. These conditions
can then be verified by staff at the time of application for a business license. If the
conditions can be satisfied, the application is approved, thereby saving the applicant
approximately three to four months of time that a Special Use Permit would have required
for approval. If the conditions cannot be met, the applicant would then be required to apply
for a Special Use Permit and go through the public hearing process.
SG
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Staff Report Page Two
June 9, 2015 - Planning Commission Meeting
Current
approval
Level
Change approval
level to:
Current
Days for
Approval
New
Days
%
Approved
when No
Waivers
Total
number of
applications
2013-2014
100%
Automobile Rental
(C-1) 5 rental cars or
less
Special
Use
Permit
Conditional Use
79 if PC
Final
Action,
98 if CC
Assisted Living
Apartments
(R-2, C-1 and C-2)
Special
Use
Permit
Permitted (R-2)
and Conditional
Use (C-1 and C-2)
79 if PC
Final
Action,
98 if CC
100%
Beer/Wine/Cooler
On-Sale Establishment
(C-1, C-2, C-PB, C-M
and M)
Special
Use
Permit
Conditional Use
79 if PC
Final
Action,
98 if CC
100%
26
Building Maintenance
Service and Sales
(C-1)
Special
Use
Permit
Conditional Use
79 if PC
Final
Action,
98 if CC
N/A
Convalescent Care
(R-3 and R-4)
Special
Use
Permit
Conditional Use
79 if PC
Final
Action,
98 if CC
N/A
Restaurant with
Service Bar
(C-1, C-2, C-PB, C-M
and M)
Special
Use
Permit
Conditional Use
79 if PC
Final
Action,
98 if CC
100%
Senior Citizen
Apartments (R-3, R-4
and C-1)
Cond
Use (R-3
and R-4)
Special
Use
Permit
(C-1)
Permitted Use
(R-3 and R-4)
Conditional Use
(C-1)
79 if PC
Final
Action,
98 if CC
N/A
PC = Planning Commission
CC = City Council
SG
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Staff Report Page Three
June 9, 2015 - Planning Commission Meeting
Current
approval
Level
Social Service
Provider
(C-1, C-2, C-M and
M)
Special
Use
Permit
Thrift Shops
(C-1 and C-2)
Special
Use
Permit
Change approval
level to:
Current
Days for
Approval
New
Days
%
Approved
when No
Waivers
Total
number of
applications
2013-2014
Conditional Use
79 if PC
Final
Action,
98 if CC
100%
Conditional Use
79 if PC
Final
Action,
98 if CC
100%
PC = Planning Commission
CC = City Council
In the case of the Building Maintenance Service and Sales use, the use requires a Special Use
Permit in the C-1 zoning district, but is permitted by right in all other districts in which it is
allowed. The minimum special use permit requirements only address outside storage as part of
the use where such is not normally allowed. This proposal is to change the use to allow it
conditionally in the C-1 district, with the added conditional use regulation that no outside storage
is allowed. If outside storage is desired or needed, a special use permit would be required and
the same minimum special use permit requirements that are currently applicable would apply.
As this use can be conducted in a limited capacity as a home occupation mobile service business,
the impact of allowing it conditionally in the C-1 district with no outside storage is minimal.
There are two uses that were previously amended from conditional use status to being permitted
by right: Catering Service and Manufactured Home (Not Qualifying for Zoning Treatment as
Single Family Detached Dwelling). This amendment would clean up and remove the conditional
use regulations from the use description section as they no longer apply.
FINDINGS
The proposed text amendment will achieve the following:
x
x
x
Reduce the number of uses that require approval of a Special Use Permit. This will
provide greater flexibility for applicants wishing to conduct business within the City of
Las Vegas, and will result in a more business friendly environment to promote
development within the City.
Reduce the time allotted for review of land use compatibility, allowing applicants to
obtain licensing and conduct business in a much quicker time frame.
Clean up the use descriptions by removing conditional use regulations for uses that no
longer require them.
SG
TXT-59132
Staff Report Page Three
June 9, 2015 - Planning Commission Meeting
NOTICES MAILED
RJ only
APPROVALS
PROTESTS
N/A
SG
Discussion
SUBJECT:
TXT-59133 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For discussion and possible action on a request to amend LVMC Title 19 to
revise the applicability and procedures related to review of Site Development Plans, and to
provide for other related matters. Staff recommends APPROVAL.
THIS ITEM WILL BE FORWARDED TO CITY COUNCIL IN ORDINANCE FORM
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Proposed Amendments and Staff Report
TXT-59133
** STAFF RECOMMENDATION **
CASE
NUMBER
RECOMMENDATION
REQUIRED FOR
APPROVAL
TXT-59133
** PROPOSED AMENDMENT(S) **
1.
Purpose
The purpose of the Site Development Plan Review process is to ensure that each
development:
1.
Is consistent with the General Plan, this Title, the Design Standards Manual, the
Landscape, Wall and Buffer Standards and other regulations, plans and policies
of the City;
2.
3.
4.
B.
Applicability
1.
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Proposed Amendments Page Two
June 9, 2015 - Planning Commission Meeting
2.
3.
C.
Certain Conversions. The conversion of any development from multifamily or apartment development to condominium or co-op status shall
require a Site Development Plan Review.
Authority
1.
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Proposed Amendments Page Three
June 9, 2015 - Planning Commission Meeting
2.
D.
i.
ii.
Design Standards
All required Site Development Plans shall meet or exceed the minimum standards
established in this Title. In addition, the City may adopt policy documents as a resource
for acceptable standards and design solutions. To the extent that such documents
establish minimum requirements and standards and are formally adopted by the City
Council, Site Development Plans must comply with those documents.
E.
2.
The proposed development is consistent with the General Plan, this Title, the
Design Standards Manual, the Landscape, Wall and Buffer Standards, and other
duly-adopted city plans, policies and standards;
3.
4.
Building and landscape materials are appropriate for the area and for the City;
SS
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Proposed Amendments Page Four
June 9, 2015 - Planning Commission Meeting
5.
6.
Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
F.
b.
c.
d.
e.
TXT-59133
Proposed Amendments Page Five
June 9, 2015 - Planning Commission Meeting
a. Building Permit Review. Minor Site Development Plans for the following
shall be submitted as part of a Building Permit application. Issuance of the
Building Permit shall constitute approval of the Minor Review and no further
action is required.
1. Single family dwelling units, duplex dwelling units or a MultiFamily Residential development not exceeding four units;
2. Residential accessory buildings;
3. On-site signs, walls and fences;
4. Sculptures, fountains and other similar improvements;
5. Patio Covers, Carports, and commercial Shade Structures;
6. Wireless Communication Facilities, Antennas, Satellite Dishes, Solar
Panels and Small Wind Energy Systems;
7. Alterations which do not affect the external dimensions of an
existing building or structure;
8. Alterations which result in a change of use or type of occupancy
within part of all of an existing building or structure;
9. Alterations which affect the external dimensions of an existing
building or structure, but do not increase the net floor area as defined
by Title 19.18.
b. Planning Application Review. Minor Site Development Plans for
development that is not listed in Subparagraph (a) of this Paragraph (2) shall be
submitted as part of a Minor Site Development Plan Review application.
3. Review by City Council.
Except for applications for Building Permit, The the administrative approval of a
Site Development Plan pursuant to this Subsection (F) shall be final action unless,
within 10 days following the approval, a member of the City Council files with
the Director a written request for the Council to review the approval. In the event
such a request is filed, the Site Development Plan shall be forwarded to the City
Council subject to the Major Development Review Process set forth in Subsection
(G) of this Section. Such a review may require a notification fee to be paid prior
to the hearing.
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June 9, 2015 - Planning Commission Meeting
G.
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Proposed Amendments Page Seven
June 9, 2015 - Planning Commission Meeting
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Proposed Amendments Page Eight
June 9, 2015 - Planning Commission Meeting
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Proposed Amendments Page Nine
June 9, 2015 - Planning Commission Meeting
before the Planning Commission regarding the application. Any appeal must be
filed in the Office of the City Clerk within ten days after the Planning
Commissions action. Pursuant to LVMC 19.16.010(C), the City Council may
establish one or more fees to be paid in connection with the filing of an appeal
under this Subparagraph (f), and the amount of any fee so established shall be as
set forth in the Fee Schedule.
g. City Council Notice and Hearing.
All Major Reviews requiring review by the City Council shall be forwarded to the
Office of the City Clerk and shall be placed on the next available City Council
agenda for hearing. The City Clerk shall mail written notice of the Council
hearing, at least ten days before the hearing, to the property owners who were
notified by mail of the Planning Commission hearing, or to the current owners of
record in case of properties whose ownership has changed in the interim.
h. City Council Decision.
In making its final decision, the City Council shall consider the recommendation
of the City Departments and the Planning Commission, the evidence presented at
the hearing and the criteria set forth in Section Subsection (E) of this subchapter.
The City Council may approve, approve with conditions, or deny an application
for a Major Review. All actions by the City Council are final. Written notice of
the decision shall be provided to the applicant, agent or both. A copy of the
notice shall also be filed with the City Clerk, and the date of the notice shall be
deemed to be the date notice of the decision is filed with the City Clerk.
H.
Minor Amendment
Minor relocation or reorientation of buildings, lot lines and/or easements,
relocation of internal access and circulation; relocation or rearrangement of
parking areas, reduction of established square footage and/or density
limitations, and increase of landscape or building setbacks are considered
minor amendments and may be approved administratively. However, the
Director has no authority to approve any:
SS
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Proposed Amendments Page Ten
June 9, 2015 - Planning Commission Meeting
Major Amendment
Any amendment which does not quality qualify as a Minor Amendment shall be
deemed to be considered a Major Amendment and shall be processed in the same
manner as a new Site Development Plan application.
I.
Revocation or Modification
1.
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June 9, 2015 - Planning Commission Meeting
2.
3.
b.
c.
d.
That the time limits specified in Paragraph (1) of Subsection (K) have
expired.
J. Expiration
A Site Development Plan which is not exercised within the approval period shall be
void, unless an extension of time is granted upon a showing of good cause. An
extension of time may be granted only if application therefor is made prior to the
expiration of the approval period. For purposes of this Subsection (J):
1.
The approval period for a Site Development Plan is the time period specified in
the approval, if one is specified, and is two years otherwise.
2.
A Site Development Plan is exercised upon the issuance of a building permit for
the principal structure on the site or, in the case of a residential subdivision, upon
the recordation of a final subdivision map.
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June 9, 2015 - Planning Commission Meeting
Approval for a temporary development may be for a period not to exceed three
years, except as may be extended by means of one Extension of Time for a period
not to exceed three years. A request for Extension of Time shall be by means of
an application for Extension of Time pursuant to Section 19.16.260, and shall be
subject to review and approval by the City Council.
2.
No more than one temporary development may be approved for a particular site at
any one time.
3.
At the conclusion of the time period specified in Paragraph (1) above, including
any approved Extension of Time, the developer must agree to abandon the
temporary development in favor of the initial, unexpired Site Development Plan
approval. Otherwise, the original entitlements are subject to revocation as
provided for under Subsection (I) of this Section, and the temporary development
shall become the entitled development for the site. Notwithstanding the preceding
sentence, if an approval for temporary development under this Subsection (K)
included any deviations from standards, including exceptions, waivers, or
variances, the developer will be required to resubmit to the entitlement process for
approval of the temporary development as the long-term development for the site.
This requirement is in recognition of the possibility that 1) the rationale for
seeking and granting such deviations may have been that the development was
intended to be temporary only and 2) as a result, such deviations might not have
been granted otherwise.
SS
TXT-59133
Staff Report Page One
June 9, 2015 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This item is for discussion and possible action on a request to amend LVMC Title 19 to revise
the applicability and procedures related to review of Site Development Plans, and to provide for
other related matters.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council accepted and approved a report provided by Kirchoff &
Associates of the enterprise-wide development review process and procedures
used in the Departments of Building & Safety, Fire & Rescue, Neighborhood
01/20/10
Services, Planning and Public Works in order to identify area in which the
process can be streamlined and efficiency and customer service enhanced.
The City Council adopted Ordinance #6095, which amended Title 19 to revise
and update zoning-related application and hearing procedures generally, to
provide that Planning Commission action on most Special Use Permits is
06/02/10
final, and to provide a procedure for Required Reviews of approved zoning
applications. This amendment included clarification of qualifications for
minor reviews of site development plans.
ANALYSIS
A primary goal of the ongoing internal review of the Department of Plannings development
review process is to shorten the amount of time between acceptance of land use applications and
mailing of the final action letter. With regard to Site Development Plan Reviews, one way this
can be accomplished is to increase administrative reviews. Without the need for preparation and
scheduling for a public hearing, these items can be reviewed more quickly by staff and tend to
have few, if any, code compliance issues. This in turn increases the efficiency of staff review
and saves time for the customer. Statistical analysis of Site Development Plan Review
applications sent to a public hearing over a two year period from 2013-2014 showed that 98.6
percent were approved when no waivers or variances were needed, with no denials and one
application withdrawn without prejudice.
The proposed amendment attempts to clarify the process by which site development plans are
reviewed so that developments that meet all codes and previous applicable conditions can be
reviewed more quickly. The current structure is modified into a series of dichotomies that lead
to the most appropriate action. At the highest level of the workflow structure is the requirement
SS
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Staff Report Page Two
June 9, 2015 - Planning Commission Meeting
for a Site Development Plan Review for all development in the City, except for certain plans
deemed to be exempt from the process.
A site development plan may be reviewed by means of issuance of a building permit or by a
formal application for a Site Development Plan Review. The exceptions to this rule are
considered exemptions for which other processes (such as the tentative map/final map process)
are used to determine conformance. Both new projects and amended projects may be considered
minor or major, depending on the type and intensity of development. If determined to be a
minor review, the next decision to be made is whether a full application must be submitted or if
the plan check review for building permit can serve as the Site Development Plan Review.
Major reviews require a public hearing, which follows a separate process.
Beyond clarification of the process, the proposed amendment reduces restrictions under which
Site Development Plan Reviews may be administrative. Administrative reviews are usually
completed within 10 business days, as opposed to public hearings, which can take as many as 98
calendar days or longer, depending on delays. This text amendment would allow new
construction of any size development to be reviewed administratively if all applicable Title 19
requirements are satisfied and no waivers or variances are needed. Likewise, alterations to
existing buildings could be made to any building, regardless of size, as a minor review under
certain circumstances provided no waivers or variances are needed.
FINDINGS
The proposed text amendment will achieve the following:
x
x
x
x
Clarify the process by which site development plans are reviewed for conformance to Title
19 and other applicable codes;
Clarify when a project qualifies as a major or minor reivew;
Relax the restrictions by which site development plans may be reviewed administratively,
leading to greater staff efficiency as a result of both an increase in administrative reviews
and a decrease in preparation for public hearing items.
Increase the availability of administrative reviews under Title 19 so that the customer can
complete a project in less time. Furthermore, the customer would have an incentive to
comply with applicable codes, rather than request multiple variances and waivers.
NOTICES MAILED
N/A
RJ only
SS
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Staff Report Page Three
June 9, 2015 - Planning Commission Meeting
APPROVALS
PROTESTS
SS
Discussion
SUBJECT:
DIR-59318 - DIRECTOR'S BUSINESS - PUBLIC HEARING - APPLICANT/OWNER: CITY
OF LAS VEGAS - For discussion and possible action on a request for the appointment of new
members to the Downtown Design Review Committee. Staff has NO RECOMMENDATION.
P.C.: FINAL ACTION
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff has NO RECOMMENDATION
BACKUP DOCUMENTATION:
None