09.12.17 PC Final Packet

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PLANNING COMMISSION AGENDA

COUNCIL CHAMBERS 495 SOUTH MAIN STREET PHONE 229-6011


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

LAS VEGAS CITY COUNCIL COMMISSIONERS

Mayor Carolyn G. Goodman, (At-Large) Trinity Haven Schlottman, Chair


Mayor Pro-Tem Lois Tarkanian, (Ward 1) Sam Cherry, Vice Chair
Councilman Ricki Y. Barlow (Ward 5) Vicki Quinn
Councilman Stavros S. Anthony, (Ward 4) Cedric Crear
Councilman Bob Coffin, (Ward 3) Donna Toussaint
Councilman Steven G. Seroka, (Ward 2) Christina E. Roush
Councilwoman Michele Fiore, (Ward 6) Louis De Salvio
City Manager Scott D. Adams

Facilities are provided throughout City Hall for convenience of persons with disabilities. For meetings held in the
Council Chambers, sound equipment is available for persons with hearing impairments. Reasonable efforts will be
made to assist and accommodate persons with disabilities or impairments. If you need an accommodation to
attend and participate in this meeting, please call the DEPARTMENT DESIGNEE at 702-229-6301 and
advise of your need at least 48 hours in advance of the meeting. Dial 7-1-1 for Relay Nevada.

September 12, 2017


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 MILAGROS ESCUIN, 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 September 12, 2017 - Page 1
PLANNING COMMISSION MEETING RULES OF CONDUCT:

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

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

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

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

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

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

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

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

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

BUSINESS ITEMS:
1. CALL TO ORDER

2. ANNOUNCEMENT: COMPLIANCE WITH OPEN MEETING LAW

3. ROLL CALL

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

5. FOR POSSIBLE ACTION TO APPROVE THE FINAL MINUTES FOR THE PLANNING COMMISSION MEETING
OF AUGUST 8, 2017.

6. FOR POSSIBLE ACTION - Any Items from the Planning Commission, staff and/or the applicant wish to be stricken or
held in abeyance to a future meeting may be brought forward and acted upon at this time.

CONSENT ITEMS:
CONSENT ITEMS ARE CONSIDERED ROUTINE BY THE PLANNING COMMISSION AND MAY BE ENACTED BY ONE
MOTION. HOWEVER, ANY ITEM MAY BE DISCUSSED IF A COMMISSION MEMBER OR APPLICANT SO DESIRES.

Planning Commission September 12, 2017 - Page 2


7. TMP-71264 - TENTATIVE MAP - SUMMERLIN VILLAGE 26 - REVERENCE PHASE 3 -
APPLICANT/OWNER: PN II, INC. - For possible action on a request for a Tentative Map FOR A 214-LOT SINGLE-
FAMILY RESIDENTIAL SUBDIVISION on a portion of 330.16 acres on the west side of Clark County 215, north of
Lake Mead Boulevard (portions of APNs 137-14-110-015, 137-14-510-123 and 137-14-713-065), P-C (Planned
Community) Zone, Ward 4 (Anthony) [PRJ-71229]. Staff recommends APPROVAL.

8. TMP-71302 - TENTATIVE MAP - SUMMERLIN VILLAGE 24 - PARCEL D - APPLICANT: CALATLANTIC


HOMES - OWNER: HOWARD HUGHES COMPANY, LLC - For possible action on a request for a Tentative Map
FOR A 141-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION on 32.74 acres on the east side of Crossbridge
Drive, approximately 725 feet south of Suncreek Drive (APN 137-33-810-001), P-C (Planned Community) Zone, Ward 2
(Seroka) [PRJ-71176]. Staff recommends APPROVAL.

ONE MOTION - ONE VOTE


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

9. ZON-71306 - REZONING - PUBLIC HEARING - APPLICANT - SF 601, LLC - OWNER: 601 BRIDGER, LLC
AND DEVO, LLC - For possible action on a request for a Rezoning FROM: R-4 (HIGH DENSITY RESIDENTIAL) TO:
C-2 (GENERAL COMMERCIAL) on 0.39 acres located at 305 and 309 South 6th Street (APNs 139-34-710-003 and
004), Ward 3 (Coffin) [PRJ-71204]. Staff recommends APPROVAL.

10. VAR-71307 - VARIANCE RELATED TO ZON-71306 - PUBLIC HEARING - APPLICANT: SF 601, LLC -
OWNER: 601 BRIDGER, LLC AND DEVO, LLC - For possible action on a request for a Variance TO ALLOW 31
PARKING SPACES WHERE 53 ARE REQUIRED on 0.54 acres located at the southeast corner of Bridger Avenue and
6th Street (APNs 139-34-710-002 through 004), C-2 (General Commercial) and R-4 (High Density Residential) Zone
[PROPOSED: C-2 (General Commercial)], Ward 3 (Coffin) [PRJ-71204]. Staff recommends APPROVAL.

11. VAR-71308 - VARIANCE RELATED TO ZON-71306 AND VAR-71307 - PUBLIC HEARING - APPLICANT: SF
601, LLC - OWNER: 601 BRIDGER, LLC AND DEVO, LLC - For possible action on a request for a Variance TO
ALLOW A ZERO-FOOT FRONT YARD AND CORNER SIDE YARD SETBACK WHERE 10 FEET IS REQUIRED
AND TO ALLOW AN EIGHT-FOOT TALL WALL/FENCE WITHIN THE FRONT YARD SETBACK WHERE FIVE
FEET WITH 50 PERCENT VISIBILITY IS THE MAXIMUM ALLOWED on 0.54 acres located at the southeast corner
of Bridger Avenue and 6th Street (APNs 139-34-710-002 through 004), C-2 (General Commercial) and R-4 (High Density
Residential) Zone [PROPOSED: C-2 (General Commercial)], Ward 3 (Coffin) [PRJ-71204]. Staff recommends
APPROVAL.

12. SDR-71310 - SITE DEVELOPMENT PLAN REVIEW RELATED TO ZON-71306, VAR-71307 AND VAR-71308 -
PUBLIC HEARING - APPLICANT: SF 601, LLC - OWNER: 601 BRIDGER, LLC AND DEVO, LLC - For
possible action on a request for a Site Development Plan Review FOR A PROPOSED 15,723 SQUARE-FOOT OFFICE
BUILDING WITH WAIVERS TO ALLOW ZERO-FOOT WIDE LANDSCAPE BUFFERS ALONG THE NORTH
AND WEST PERIMETER WHERE 15-FOOT WIDE BUFFERS ARE REQUIRED AND ZERO-FOOT WIDE
LANDSCAPE BUFFERS ALONG THE SOUTH AND EAST PERIMETER WHERE EIGHT-FOOT WIDE BUFFERS
ARE REQUIRED on 0.54 acres located at the southeast corner of Bridger Avenue and 6th Street (APNs 139-34-710-002
through 004), C-2 (General Commercial) and R-4 (High Density Residential) Zone [PROPOSED: C-2 (General
Commercial)], Ward 3 (Coffin) [PRJ-71204]. Staff recommends APPROVAL.

13. VAR-71196 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES -


For possible action on a request for a Variance TO ALLOW A 39-FOOT BUILDING HEIGHT WHERE 35 FEET IS
THE MAXIMUM ALLOWED, A FIVE-FOOT PERIMETER LANDSCAPE BUFFER ALONG A PORTION OF THE
WEST PROPERTY LINE AND A 10-FOOT BUFFER ALONG A PORTION OF THE EAST PROPERTY LINE
WHERE 15 FEET IS REQUIRED on 8.31 acres at 2501 Winwood Street (APN 138-13-402-001), C-V (Civic) Zone,
Ward 5 (Barlow) [PRJ-71060]. Staff recommends APPROVAL.

Planning Commission September 12, 2017 - Page 3


14. SDR-71197 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-71196 - PUBLIC HEARING -
APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES - For possible action on a request for a Site Development
Plan Review FOR A PROPOSED TWO-STORY, 30,000 SQUARE-FOOT ADDITION TO AN EXISTING 53,855
SQUARE-FOOT PUBLIC OR PRIVATE SCHOOL, PRIMARY on 8.31 acres at 2501 Winwood Street (APN 138-13-
402-001), C-V (Civic) Zone, Ward 5 (Barlow) [PRJ-71060]. Staff recommends APPROVAL.

15. VAR-71212 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES -


For possible action on a request for a Variance TO ALLOW A 39-FOOT BUILDING HEIGHT WHERE 35 FEET IS
THE MAXIMUM ALLOWED; AN 8 FOOT WIDE LANDSCAPE BUFFER ALONG A PORTION OF THE SOUTH
PROPERTY LINE WHERE 15 FEET IS REQUIRED, AND FIVE PARKING LOT LANDSCAPE ISLANDS WHERE
11 ARE REQUIRED on 8.07 acres at 4000 El Parque Avenue (APN 162-06-701-001), C-V (Civic) Zone, Ward 1
(Tarkanian) [PRJ-71069]. Staff recommends APPROVAL.

16. SDR-71213 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-71212 - PUBLIC HEARING -
APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES - For possible action on a request for a Site Development
Plan Review FOR A PROPOSED TWO-STORY, 36,400 SQUARE-FOOT ADDITION TO AN EXISTING 54,935
SQUARE-FOOT PUBLIC OR PRIVATE SCHOOL, PRIMARY on 8.07 acres at 4000 El Parque Avenue (APN 162-06-
701-001), C-V (Civic) Zone, Ward 1 (Tarkanian) [PRJ-71069]. Staff recommends APPROVAL.

17. VAR-71265 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES -


For possible action on a request for a Variance TO ALLOW A 39-FOOT BUILDING HEIGHT WHERE 35 FEET IS
THE MAXIMUM ALLOWED, A FIVE-FOOT PERIMETER LANDSCAPE BUFFER ALONG THE NORTH
PROPERTY LINE WHERE EIGHT FEET IS REQUIRED AND NO PARKING LOT LANDSCAPE ISLANDS WHERE
EIGHT ISLANDS ARE REQUIRED on 7.94 acres at 6350 Peak Drive (APNs 138-14-601-021, 022, 027 and 028), C-V
(Civic) Zone, Ward 5 (Barlow) [PRJ-71061]. Staff recommends APPROVAL.

18. SDR-71266 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-71265 - PUBLIC HEARING -
APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES - For possible action on a request for a Site Development
Plan Review FOR A PROPOSED 36,400 SQUARE-FOOT ADDITION TO AN EXISTING 66,145 SQUARE-FOOT
PUBLIC OR PRIVATE SCHOOL, PRIMARY on 7.94 acres at 6350 Peak Drive (APNs 138-14-601-021, 022, 027 and
028), C-V (Civic) Zone, Ward 5 (Barlow) [PRJ-71061]. Staff recommends APPROVAL.

19. SUP-71131 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: NATIONWIDE LOANS, LLC -
OWNER: SAHARA RANCHO OFFICE CENTER, LLC - For possible action on a request for a Special Use Permit
FOR AN AUTO TITLE LOAN USE WITH A WAIVER TO ALLOW A 54-FOOT DISTANCE SEPARATION FROM
A PARCEL USED OR ZONED FOR RESIDENTIAL USE WHERE 200 FEET IS REQUIRED at 2250 South Rancho
Drive, Suite #155 (APN 162-04-412-003), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ-71021]. Staff
recommends APPROVAL.

20. SUP-71318 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: GOLDEN MARKET - OWNER:
2425 ARVILLE, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED 3,126 SQUARE-
FOOT BEER/WINE/COOLER OFF-SALE ESTABLISHMENT USE WITH A WAIVER TO ALLOW A 370-FOOT
DISTANCE SEPARATION FROM A CHURCH/HOUSE OF WORSHIP WHERE 400 FEET IS REQUIRED at 2520
Arville Street (APN 162-07-101-014), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ-71152]. Staff
recommends APPROVAL.

21. SUP-71319 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: ICHI RAMEN HOUSE - OWNER:
KRG LAS VEGAS CENTENNIAL CENTER, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED 1,106 SQUARE-FOOT BEER/WINE/COOLER ON-SALE ESTABLISHMENT USE at 7920 West Tropical
Parkway, Suite #170 (APN 125-28-610-004), T-C (Town Center) Zone [GC-TC (General Commercial - Town Center)
Land Use Designation], Ward 2 (Seroka) [PRJ-71207]. Staff recommends APPROVAL.

22. VAC-71199 - VACATION - PUBLIC HEARING - APPLICANT: LAURICH PROPERTIES, INC. - OWNER:
DEER SPRINGS VILLAGE, LLC - For possible action on a request for a Petition to Vacate U.S. Government Patent
Easements generally located north of Clark County 215 and 388 feet east of Hualapai Way, Ward 6 (Fiore) [PRJ-70667].
Staff recommends APPROVAL.

Planning Commission September 12, 2017 - Page 4


23. VAC-71305 - VACATION - PUBLIC HEARING - APPLICANT/OWNER: KAG DEVELOPMENT WEST, LLC -
For possible action on a request for a Petition to Vacate a public drainage easement located at the northwest and southwest
corner of Eagle Canyon Avenue and Skye Village Road, Ward 6 (Fiore) [PRJ-71253]. Staff recommends APPROVAL.

PUBLIC HEARING ITEMS


24. ABEYANCE - GPA-69220 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT: VALLEY
BANK OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS - For possible action on a request for a General
Plan Amendment FROM: DR (DESERT RURAL DENSITY RESIDENTIAL) TO: R (RURAL DENSITY
RESIDENTIAL) on 11.95 acres at the northeast corner of Trails End Avenue and Homestead Road (APNs 125-05-503-
001 and 002), Ward 6 (Fiore) [PRJ-69151]. Staff recommends DENIAL.

25. ABEYANCE - ZON-69224 - REZONING RELATED TO GPA-69220 - PUBLIC HEARING - APPLICANT:


VALLEY BANK OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS - For possible action on a request for a
Rezoning FROM: R-E (RESIDENCE ESTATES) TO: R-D (SINGLE FAMILY RESIDENTIAL-RESTRICTED) on
11.95 acres at the northeast corner of Trails End Avenue and Homestead Road (APNs 125-05-503-001 and 002), Ward 6
(Fiore) [PRJ-69151]. Staff recommends DENIAL.

26. ABEYANCE - GPA-69192 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER:


STEVE DIMOULAS - For possible action on a request for a General Plan Amendment FROM: DR (DESERT RURAL
DENSITY RESIDENTIAL) TO: SC (SERVICE COMMERCIAL) on 0.59 acres at 4801 Ricky Road (APN 138-12-710-
092), Ward 5 (Barlow) [PRJ-69087]. Staff recommends DENIAL.

27. ABEYANCE - ZON-69193 - REZONING RELATED TO GPA-69192 - PUBLIC HEARING -


APPLICANT/OWNER: STEVE DIMOULAS - For possible action on a request for a Rezoning FROM: R-E
(RESIDENCE ESTATES) TO: C-1 (LIMITED COMMERCIAL) on 0.59 acres at 4801 Ricky Road (APN 138-12-710-
092), Ward 5 (Barlow) [PRJ-69087]. Staff recommends DENIAL.

28. ABEYANCE - VAR-70259 - VARIANCE - PUBLIC HEARING - APPLICANT: CONCRETE SOLUTIONS -


OWNER: JAIME 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-70051]. Staff recommends DENIAL.

29. ABEYANCE - VAR-70472 - VARIANCE RELATED TO VAR-70259 - PUBLIC HEARING - APPLICANT:


CONCRETE SOLUTIONS - OWNER: JAIME AND REFUGIO ESPINOZA LOPEZ - For possible action on a
request for a Variance TO ALLOW A TEN-FOOT SIDE SETBACK WHERE 50 FEET IS REQUIRED, AND TO
ALLOW EXISTING OUTDOOR STORAGE WITHIN THE REQUIRED SIDE YARD SETBACK AREA on 0.61 acres
at 4515 Balsam Street (APN 138-03-602-007), M (Industrial) Zone, Ward 4 (Anthony) [PRJ-70051]. Staff recommends
DENIAL.

30. ABEYANCE - SDR-70261 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-70259 AND VAR-
70472 - PUBLIC HEARING - APPLICANT: CONCRETE SOLUTIONS - OWNER: JAIME AND REFUGIO
ESPINOZA LOPEZ - For possible action on a request for a Site Development Plan Review FOR THE CONVERSION
OF AN EXISTING 2,784 SQUARE-FOOT SINGLE-FAMILY RESIDENCE TO A CONTRACTOR'S PLANT, SHOP
AND STORAGE YARD WITH WAIVERS OF PERIMETER LANDSCAPE BUFFER STANDARDS TO ALLOW
ZERO FEET ALONG THE NORTH, SOUTH, AND WEST PROPERTY LINES WHERE EIGHT FEET IS REQUIRED,
AND TO ALLOW ZERO FEET ALONG THE EAST PROPERTY LINE WHERE 15 FEET IS REQUIRED AND TO
ALLOW AN EIGHT-FOOT TALL CHAIN LINK FENCE WITH SCREENING ALONG A PORTION OF THE NORTH
PROPERTY LINE WHERE AN EIGHT-FOOT TALL SOLID STRUCTURE IS REQUIRED FOR SCREENING on 0.61
acres at 4515 Balsam Street (APN 138-03-602-007), M (Industrial) Zone, Ward 4 (Anthony) [PRJ-70051]. Staff
recommends DENIAL.

31. ABEYANCE - VAR-70276 - 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-70049]. Staff recommends DENIAL.

Planning Commission September 12, 2017 - Page 5


32. ABEYANCE - VAR-70277 - VARIANCE RELATED TO VAR-70276 - PUBLIC HEARING - APPLICANT:
SOUTHWEST SPECIALTIES, INC. - OWNER: PRESTIGE WORLDWIDE, LLC - For possible action on a request
for a Variance TO ALLOW EXISTING OUTDOOR STORAGE WITHIN THE REQUIRED SIDE YARD SETBACK
AREA on 0.62 acres at 4505 Balsam Street (APN 138-03-602-008), M (Industrial) Zone, Ward 4 (Anthony) [PRJ-70049].
Staff recommends DENIAL.

33. ABEYANCE - SDR-70279 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-70276 AND VAR-
70277 - PUBLIC HEARING - APPLICANT: SOUTHWEST SPECIALTIES, INC. - OWNER: PRESTIGE
WORLDWIDE, LLC - For possible action on a request for a Site Development Plan Review FOR THE CONVERSION
OF AN EXISTING 2,092 SQUARE-FOOT SINGLE FAMILY RESIDENCE TO A CONTRACTOR'S PLANT, SHOP
AND STORAGE YARD WITH WAIVERS OF PERIMETER LANDSCAPE BUFFER STANDARDS TO ALLOW
ZERO FEET ALONG THE SOUTH, WEST, AND A PORTION OF THE NORTH PROPERTY LINES WHERE EIGHT
FEET IS REQUIRED AND ZERO FEET ALONG THE EAST PROPERTY LINE WHERE 15 FEET IS REQUIRED on
0.62 acres at 4505 Balsam Street (APN 138-03-602-008), M (Industrial) Zone, Ward 4 (Anthony) [PRJ-70049]. Staff
recommends DENIAL.

34. ABEYANCE - ZON-70762 - REZONING - PUBLIC HEARING - APPLICANT: RICHMOND AMERICAN


HOMES - OWNER: VFR-SOUTHWEST DESERT EQUITIES - For possible action on a request for a Rezoning
FROM: R-E (RESIDENCE ESTATES) TO: R-1 (SINGLE FAMILY RESIDENTIAL) on 5.24 acres located at the
northeast corner of Dorrell Lane and Hualapai Way (APN 125-19-101-003), Ward 6 (Fiore) [PRJ-70527]. Staff
recommends DENIAL.

35. ABEYANCE - WVR-70763 - WAIVER RELATED TO ZON-70762 - PUBLIC HEARING - APPLICANT:


RICHMOND AMERICAN HOMES - OWNER: VFR-SOUTHWEST DESERT EQUITIES - For possible action on
a request for a Waiver TO ALLOW A 208-FOOT AND A 214-FOOT STREET OFFSET WHERE 220 FEET IS
REQUIRED on 5.24 acres located at the northeast corner of Dorrell Lane and Hualapai Way (APN 125-19-101-003), R-E
(Residence Estates) Zone [PROPOSED: R-1 (Single Family Residential)], Ward 6 (Fiore) [PRJ-70527]. Staff
recommends DENIAL.

36. ABEYANCE - VAC-70765 - VACATION RELATED TO ZON-70762 AND WVR-70763 - PUBLIC HEARING -
APPLICANT: RICHMOND AMERICAN HOMES - OWNER: VFR-SOUTHWEST DESERT EQUITIES - For
possible action on a request for a Petition to Vacate U.S. Government Patent Easements on 5.24 acres located at the
northeast corner of Dorrell Lane and Hualapai Way (APN 125-19-101-003), R-E (Residence Estates) Zone [PROPOSED:
R-1 (Single Family Residential)], Ward 6 (Fiore) [PRJ-70527]. Staff recommends APPROVAL.

37. ABEYANCE - TMP-70766 - TENTATIVE MAP RELATED TO ZON-70762, WVR-70763, AND VAC-70765 -
CONNOR HILLS 3 - PUBLIC HEARING - APPLICANT: RICHMOND AMERICAN HOMES - OWNER: VFR-
SOUTHWEST DESERT EQUITIES - For possible action on a request for a Tentative Map FOR AN 18-LOT SINGLE-
FAMILY RESIDENTIAL SUBDIVISION on 5.24 acres located at the northeast corner of Dorrell Lane and Hualapai Way
(APN 125-19-101-003), R-E (Residence Estates) Zone [PROPOSED: R-1 (Single Family Residential)], Ward 6 (Fiore)
[PRJ-70527]. Staff recommends DENIAL.

38. ABEYANCE - VAR-71002 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: RAY W. GODFREY -


For possible action on a request for a Variance TO ALLOW A THREE-FOOT SIDE AND REAR YARD SETBACK
WHERE 10 FEET IS REQUIRED FOR A PROPOSED ACCESSORY STRUCTURE (CLASS II) [CASITA/GARAGE]
on 0.38 acres located at 4100 Nancy Margarite Lane (APN 138-01-810-023), R-PD2 (Residential Planned Development -
2 Units per Acre) Zone, Ward 5 (Barlow) [PRJ-71001]. Staff recommends DENIAL.

39. ABEYANCE - GPA-67883 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER:


DEBRA J. REOCH, ET AL - For possible action on a request for a General Plan Amendment FROM: DR (DESERT
RURAL DENSITY RESIDENTIAL) AND R (RURAL DENSITY RESIDENTIAL) TO: SC (SERVICE
COMMERCIAL) on 2.42 acres on the east side of Rainbow Boulevard, approximately 85 feet north of Ann Road (APNs
125-26-410-004 through 006), Ward 6 (Fiore) [PRJ-67774]. Staff recommends DENIAL.

40. ABEYANCE - ZON-67884 - REZONING RELATED TO GPA-67883 - PUBLIC HEARING -


APPLICANT/OWNER: DEBRA J. REOCH, ET AL - For possible action on a request for a Rezoning FROM: R-E
(RESIDENCE ESTATES) TO: C-1 (LIMITED COMMERCIAL) on 2.42 acres on the east side of Rainbow Boulevard,
approximately 85 feet north of Ann Road (APNs 125-26-410-004 through 006), Ward 6 (Fiore) [PRJ-67774]. Staff
recommends DENIAL.
Planning Commission September 12, 2017 - Page 6
41. ABEYANCE - SDR-68324 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-67883 AND ZON-
67884 - PUBLIC HEARING - APPLICANT/OWNER: DEBRA J. REOCH, ET AL - For possible action on a request
for a Site Development Plan Review FOR A PROPOSED 28,800 SQUARE-FOOT GENERAL RETAIL STORE,
OTHER THAN LISTED WITH A WAIVER TO ALLOW A ZERO-FOOT LANDSCAPE BUFFER WHERE EIGHT
FEET IS REQUIRED ALONG THE EAST PERIMETER on 2.42 acres on the east side of Rainbow Boulevard,
approximately 85 feet north of Ann Road (APNs 125-26-410-004 through 006), R-E (Residence Estates) Zone
[PROPOSED: C-1 (Limited Commercial)], Ward 6 (Fiore) [PRJ-68162]. Staff recommends DENIAL.

42. WVR-71294 - WAIVER - PUBLIC HEARING - APPLICANT/OWNER: TOUCHSTONE LONE MOUNTAIN,


LLC - For possible action on a request for a Waiver TO ALLOW NO STREETLIGHTS WHERE SUCH ARE
REQUIRED AND TO ALLOW AN INTERSECTION OFFSET OF 200 FEET WHERE 220 FEET IS REQUIRED FOR
A PROPOSED RESIDENTIAL SUBDIVISION on 9.94 acres on the north side of Rosada Way, approximately 320 feet
west of Tee Pee Lane (APN 125-31-701-005), R-E (Residence Estates) Zone, Ward 6 (Fiore) [PRJ-71226]. Staff
recommends DENIAL.

43. WVR-71295 - WAIVER RELATED TO WVR-71294 - PUBLIC HEARING - APPLICANT/OWNER:


TOUCHSTONE LONE MOUNTAIN, LLC - For possible action on a request for a Waiver TO ALLOW PRIVATE
STREETS TO BE DEVELOPED TO NON-PUBLIC STREET STANDARDS on 9.94 acres on the north side of Rosada
Way, approximately 320 feet west of Tee Pee Lane (APN 125-31-701-005), R-E (Residence Estates) Zone, Ward 6 (Fiore)
[PRJ-71226]. Staff recommends DENIAL.

44. VAR-71296 - VARIANCE RELATED TO WVR-71294 AND WVR-71295- PUBLIC HEARING -


APPLICANT/OWNER: TOUCHSTONE LONE MOUNTAIN, LLC - For possible action on a request for a Variance
TO ALLOW A DEVIATION FROM COMPLETE STREET STANDARDS FOR A PROPOSED 18-LOT
RESIDENTIAL SUBDIVISION on 9.94 acres on the north side of Rosada Way, approximately 320 feet west of Tee Pee
Lane (APN 125-31-701-005), R-E (Residence Estates) Zone, Ward 6 (Fiore) [PRJ-71226]. Staff recommends DENIAL.

45. TMP-71297 - TENTATIVE MAP RELATED TO WVR-71294, WVR-71295 AND VAR-71296 - GRAND CANYON
AND ROSADA - PUBLIC HEARING - APPLICANT/OWNER: TOUCHSTONE LONE MOUNTAIN, LLC - For
possible action on a request for a Tentative Map FOR A PROPOSED 18-LOT SINGLE FAMILY RESIDENTIAL
SUBDIVISION on 9.94 acres on the north side of Rosada Way, approximately 320 feet west of Tee Pee Lane (APN 125-
31-701-005), R-E (Residence Estates) Zone, Ward 6 (Fiore) [PRJ-71226]. Staff recommends DENIAL.

46. VAR-71286- VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: TOUCHSTONE LONE MOUNTAIN,


LLC - For possible action on a request for a Variance TO ALLOW A 38-FOOT FRONT YARD SETBACK WHERE 50
FEET IS REQUIRED FOR LOT 1 OF A PROPOSED 18-LOT RESIDENTIAL SUBDIVISION on 9.94 acres on the
north side of Rosada Way, approximately 320 feet west of Tee Pee Lane (APN 125-31-701-005), R-E (Residence Estates)
Zone, Ward 6 (Fiore) [PRJ-71226]. Staff recommends DENIAL.

47. VAR-71287 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: TOUCHSTONE LONE MOUNTAIN,


LLC - For possible action on a request for a Variance TO ALLOW A 38-FOOT FRONT YARD SETBACK WHERE 50
FEET IS REQUIRED FOR LOT 2 OF A PROPOSED 18-LOT RESIDENTIAL SUBDIVISION on 9.94 acres on the
north side of Rosada Way, approximately 320 feet west of Tee Pee Lane (APN 125-31-701-005), R-E (Residence Estates)
Zone, Ward 6 (Fiore) [PRJ-71226]. Staff recommends DENIAL.

48. VAR-71288 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: TOUCHSTONE LONE MOUNTAIN,


LLC - For possible action on a request for a Variance TO ALLOW A 38-FOOT FRONT YARD SETBACK WHERE 50
FEET IS REQUIRED FOR LOT 3 OF A PROPOSED 18-LOT RESIDENTIAL SUBDIVISION on 9.94 acres on the
north side of Rosada Way, approximately 320 feet west of Tee Pee Lane (APN 125-31-701-005), R-E (Residence Estates)
Zone, Ward 6 (Fiore) [PRJ-71226]. Staff recommends DENIAL.

49. VAR-71289 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: TOUCHSTONE LONE MOUNTAIN,


LLC - For possible action on a request for a Variance TO ALLOW A 38-FOOT FRONT YARD SETBACK WHERE 50
FEET IS REQUIRED FOR LOT 4 OF A PROPOSED 18-LOT RESIDENTIAL SUBDIVISION on 9.94 acres on the
north side of Rosada Way, approximately 320 feet west of Tee Pee Lane (APN 125-31-701-005), R-E (Residence Estates)
Zone, Ward 6 (Fiore) [PRJ-71226]. Staff recommends DENIAL.

Planning Commission September 12, 2017 - Page 7


50. VAR-71290 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: TOUCHSTONE LONE MOUNTAIN,
LLC - For possible action on a request for a Variance TO ALLOW A 38-FOOT FRONT YARD SETBACK WHERE 50
FEET IS REQUIRED FOR LOT 5 OF A PROPOSED 18-LOT RESIDENTIAL SUBDIVISION on 9.94 acres on the
north side of Rosada Way, approximately 320 feet west of Tee Pee Lane (APN 125-31-701-005), R-E (Residence Estates)
Zone, Ward 6 (Fiore) [PRJ-71226]. Staff recommends DENIAL.

51. VAR-71291 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: TOUCHSTONE LONE MOUNTAIN,


LLC - For possible action on a request for a Variance TO ALLOW A 38-FOOT FRONT YARD SETBACK WHERE 50
FEET IS REQUIRED FOR LOT 6 OF A PROPOSED 18-LOT RESIDENTIAL SUBDIVISION on 9.94 acres on the
north side of Rosada Way, approximately 320 feet west of Tee Pee Lane (APN 125-31-701-005), R-E (Residence Estates)
Zone, Ward 6 (Fiore) [PRJ-71226]. Staff recommends DENIAL.

52. VAR-71292 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: TOUCHSTONE LONE MOUNTAIN,


LLC - For possible action on a request for a Variance TO ALLOW A 38-FOOT FRONT YARD SETBACK WHERE 50
FEET IS REQUIRED FOR LOT 13 OF A PROPOSED 18-LOT RESIDENTIAL SUBDIVISION on 9.94 acres on the
north side of Rosada Way, approximately 320 feet west of Tee Pee Lane (APN 125-31-701-005), R-E (Residence Estates)
Zone, Ward 6 (Fiore) [PRJ-71226]. Staff recommends DENIAL.

53. VAR-71293 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: TOUCHSTONE LONE MOUNTAIN,


LLC - For possible action on a request for a Variance TO ALLOW A 38-FOOT FRONT YARD SETBACK WHERE 50
FEET IS REQUIRED FOR LOT 14 OF A PROPOSED 18-LOT RESIDENTIAL SUBDIVISION on 9.94 acres on the
north side of Rosada Way, approximately 320 feet west of Tee Pee Lane (APN 125-31-701-005), R-E (Residence Estates)
Zone, Ward 6 (Fiore) [PRJ-71226]. Staff recommends DENIAL.

54. VAR-71086 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: DCB, INC. - For possible action on a
request for a Variance TO ALLOW A 10-FOOT TALL BLOCK WALL WITH CHAIN LINK FENCE AND RAZOR
WIRE WHERE EIGHT FEET IS THE MAXIMUM HEIGHT ALLOWED ALONG THE WEST PERIMETER; AN 11-
FOOT TALL BLOCK WALL WITH CHAIN LINK FENCE WITH RAZOR WIRE WHERE EIGHT FEET IS THE
MAXIMUM HEIGHT ALLOWED ALONG THE NORTH PERIMETER; AN 11-FOOT TALL CHAIN LINK FENCE
WITH RAZOR WIRE WHERE FIVE FEET IS THE MAXIMUM HEIGHT ALLOWED ALONG THE EAST
PERIMETER; A ZERO-FOOT SIDE YARD SETBACK WHERE 10 FEET IS REQUIRED FOR AN EXISTING
SHADE STRUCTURE WITH RAZOR WIRE; AND RAZOR WIRE ON INTERIOR SCREEN WALLS on 0.23 acres at
47 30th Street (APN 139-36-414-004), M (Industrial) Zone, Ward 3 (Coffin) [PRJ-69816]. Staff recommends DENIAL.

55. VAR-71449 - VARIANCE RELATED TO VAR-71086 - PUBLIC HEARING - APPLICANT/OWNER: DCB, INC.
- For possible action on a request for a Variance TO ALLOW AN OUTDOOR STORAGE WITHIN THE SETBACK
AREA WHERE IS NOT ALLOWED on 0.23 acres at 47 30th Street (APN 139-36-414-004), M (Industrial) Zone, Ward 3
(Coffin) [PRJ-69816]. Staff recommends DENIAL.

56. VAR-71349 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: CHETAK DEVELOPMENT


CORPORATION - For possible action on a request for a Variance TO ALLOW A PROPOSED 55-FOOT TALL OFF-
PREMISE SIGN WHERE 40 FEET IS ALLOWED on 1.67 at the northwest corner of Sahara Avenue and Paradise Road
(APN 162-03-411-011), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-71325]. Staff recommends DENIAL.

57. SUP-71350 - SPECIAL USE PERMIT RELATED TO VAR-71349 - PUBLIC HEARING - APPLICANT/OWNER:
CHETAK DEVELOPMENT CORPORATION - For possible action on a request for a Special Use Permit FOR A
PROPOSED 14-FOOT BY 48-FOOT, 672 SQUARE-FOOT LED OFF-PREMISE SIGN USE at the northwest corner of
Sahara Avenue and Paradise Road (APN 162-03-411-011), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-
71325]. Staff recommends APPROVAL.

58. VAR-71238 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: JAMES WULFF - For possible action on
a request for a Variance TO ALLOW A THREE-FOOT SIDE YARD SETBACK WHERE 10 FEET IS REQUIRED FOR
A PROPOSED 944 SQUARE-FOOT ACCESSORY STRUCTURE (CLASS II) [GARAGE] on 0.40 acres at 4001 Tyler
William Lane (APN 138-01-810-003), R-PD2 (Residential Planned Development - 2 Units per Acre) Zone, Ward 5
(Barlow) [PRJ-71161]. Staff recommends DENIAL.

Planning Commission September 12, 2017 - Page 8


59. VAR-71272 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: DANNY AND TONI FOX - For possible
action on a request for a Variance TO ALLOW A SIX-FOOT REAR YARD SETBACK FOR A PROPOSED PATIO
COVER WHERE 10 FEET IS REQUIRED on 0.07 acres at 10613 Axis Mountain Court (APN 126-13-116-044), PD
(Planned Development) Zone [ML (Medium Low) Cliff's Edge Special Land Use Designation], Ward 6 (Fiore) [PRJ-
71244]. Staff recommends DENIAL.

60. VAR-71281 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: RONALD RIPP - For possible action on
a request for a Variance TO ALLOW A TWO-FOOT CORNER SIDE YARD SETBACK AND A SEVEN-FOOT REAR
YARD SETBACK WHERE 15 FEET IS REQUIRED FOR A PROPOSED 982 SQUARE-FOOT EXPANSION OF A
SINGLE FAMILY DWELLING on 0.42 acres at 1608 Concordia Place (APN 162-02-207-015), R-1 (Single Family
Residential) Zone, Ward 3 (Coffin) [PRJ-71130]. Staff recommends DENIAL.

61. VAR-71300 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: KENNETH D VORZIMER


REVOCABLE TRUST AND SUSAN KLINE TRUST - For possible action on a request for a Variance TO ALLOW A
ONE-FOOT SIDE YARD SETBACK WHERE THREE FEET IS REQUIRED AND A THREE-FOOT SEPARATION
FROM THE PRIMARY DWELLING WHERE SIX FEET IS REQUIRED; AND TO ALLOW AN ACCESSORY
STRUCTURE IN THE FRONT YARD WHERE SUCH IS NOT ALLOWED FOR AN EXISTING 432 SQUARE-FOOT
ACCESSORY STRUCTURE (CLASS II) [GARAGE] on 0.69 acres at 2500 Palomino Lane (APN 139-32-702-020), R-A
(Ranch Acres) Zone, Ward 1 (Tarkanian) [PRJ-71240]. Staff recommends DENIAL.

62. VAR-71322 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: PLACIDO BUSTOS - For possible
action on a request for a Variance TO ALLOW AN EIGHT-FOOT FRONT YARD SETBACK WHERE 20 FEET IS
REQUIRED FOR AN EXISTING ONE-STORY FRONT PORCH/CARPORT ADDITION at 5708 Heron Avenue (APN
138-36-315-016), R-1 (Single Family Residential) Zone, Ward 1 (Tarkanian) [PRJ-71193]. Staff recommends DENIAL.

63. SUP-71249 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: 123 10TH STREET, LLC -
For possible action on a request for a Special Use Permit FOR A TRAILER/RV CAMP OR PARK USE WITH
WAIVERS TO ALLOW 22 RECREATIONAL VEHICLE SITES WHERE A MAXIMUM OF 20 SITES PER ACRE IS
ALLOWED; VEHICLE SITES ZERO FEET FROM PROPERTY LINES WHERE 10 FEET IS REQUIRED FROM
INTERNAL PROPERTY LINES AND 15 FEET FROM PROPERTY LINES ADJOINING A PUBLIC STREET;
VEHICLE SITES TO BE SET BACK THREE FEET FROM A BUILDING WHERE 20 FEET IS REQUIRED; AND
SIX FEET BETWEEN VEHICLES WHERE 10 FEET IS REQUIRED at 123 and 125 North 10th Street (APNs 139-34-
612-081 and 139-35-211-022), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-70966]. Staff recommends
DENIAL.

64. VAC-71246 - VACATION RELATED TO SUP-71249 - PUBLIC HEARING - APPLICANT: 123 10TH STREET,
LLC - OWNER: 123 10TH STREET, LLC, ET AL - For possible action on a request for a Petition to Vacate a public
alley north of Fremont Street between 10th Street and 11th Street, Ward 3 (Coffin) [PRJ-70966]. Staff recommends
APPROVAL.

65. SUP-71268 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: NOBLE MASSAGE - OWNER:
MOFFATT FAMILY TRUST - For possible action on a request for a Special Use Permit FOR A MASSAGE
ESTABLISHMENT WITH WAIVERS TO ALLOW A 94-FOOT DISTANCE SEPARATION FROM A SIMILAR USE
WHERE 1,000 FEET IS REQUIRED AND TO ALLOW A 117-FOOT DISTANCE SEPARATION FROM A PARCEL
ZONED FOR RESIDENTIAL USE WHERE 400 FEET IS REQUIRED at 2120 Paradise Road (APN 162-03-411-006),
C-1 (Limited Commercial) Zone, Ward 3 (Coffin) [PRJ-71175]. Staff recommends DENIAL.

66. SUP-71301 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: RAFEL SHAKER - OWNER:
RZMZ FAMILY, LLC SERIES 2 - For possible action on a request for a Special Use Permit FOR A PROPOSED 1,602
SQUARE-FOOT BEER/WINE/COOLER OFF-SALE ESTABLISHMENT USE at 1801 East Charleston Boulevard (APN
139-35-814-019), C-1 (Limited Commercial) Zone, Ward 3 (Coffin) [PRJ-71257]. Staff recommends APPROVAL.

67. SUP-70619 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: 4D MANAGEMENT


HOLDINGS, INC. - For possible action on a request for a Special Use Permit FOR A PROPOSED SHORT-TERM
RESIDENTIAL RENTAL USE WITH A WAIVER TO ALLOW A 177-FOOT DISTANCE SEPARATION FROM A
SIMILAR USE WHERE 660 FEET IS REQUIRED at 700 Canosa Avenue (APN 162-03-713-003), R-1 (Single Family
Residential) Zone, Ward 3 (Coffin) [PRJ-69800]. Staff recommends DENIAL.

Planning Commission September 12, 2017 - Page 9


68. SUP-71059 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: JUDAH ZAKALIK - OWNER:
JUDAH ZAKALIK LIVING TRUST - For possible action on a request for a Special Use Permit FOR AN EXISTING
SHORT-TERM RESIDENTIAL RENTAL USE WITH A WAIVER TO ALLOW A 343-FOOT DISTANCE
SEPARATION FROM A SIMILAR USE WHERE 660 FEET IS REQUIRED at 1621 Birch Street (APN 162-04-210-
074), R-E (Residence Estates) Zone, Ward 1 (Tarkanian) [PRJ-71058]. Staff recommends DENIAL.

69. SUP-71214 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: ALON ELIAS - For
possible action on a request for a Special Use Permit FOR A PROPOSED SHORT-TERM RESIDENTIAL RENTAL
USE WITH A WAIVER TO ALLOW A 235-FOOT DISTANCE SEPARATION FROM A SIMILAR USE WHERE 660
FEET IS REQUIRED at 4000 San Joaquin Avenue (APN 162-07-515-005), R-1 (Single Family Residential) Zone, Ward
1 (Tarkanian) [PRJ-71151]. Staff recommends DENIAL.

70. SUP-71230 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: RENEE PAGE - For
possible action on a request for a Special Use Permit FOR A PROPOSED SHORT-TERM RESIDENTIAL RENTAL
USE at 3284 Mustang Road (APN 138-11-802-008), R-E (Residence Estates) Zone, Ward 5 (Barlow) [PRJ-71206]. Staff
recommends APPROVAL.

71. SUP-71248 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: MARIA LYNCH AND NUALA
EVANS - OWNER: VAC FUND1, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED
SHORT-TERM RESIDENTIAL RENTAL USE at 1111 Cahlan Drive (APN 162-05-512-002), R-E (Residence Estates)
Zone, Ward 1 (Tarkanian) [PRJ-71195]. Staff recommends APPROVAL.

72. SUP-71273 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: VENZA BRACKEN - For
possible action on a request for a Special Use Permit FOR A PROPOSED SHORT TERM RESIDENTIAL RENTAL USE
WITH A WAIVER TO ALLOW A 152-FOOT DISTANCE SEPARATION FROM A SIMILAR USE WHERE 660
FEET IS REQUIRED at 309 Arnold Street (APN 139-33-210-037), R-1 (Single Family Residential) Zone, Ward 5
(Barlow) [PRJ-71263]. Staff recommends APPROVAL.

73. SUP-71311 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: SHEMOT TEVET, LLC -
For possible action on a request for a Special Use Permit FOR A PROPOSED SHORT-TERM RESIDENTIAL RENTAL
USE at 6336 Lawton Avenue (APN 138-26-811-128), R-1 (Single Family Residential) Zone, Ward 1 (Tarkanian) [PRJ-
71275]. Staff recommends APPROVAL.

74. SUP-71312 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: SIVAN, LLC - For possible
action on a request for a Special Use Permit FOR A PROPOSED SHORT-TERM RESIDENTIAL RENTAL USE WITH
A WAIVER TO ALLOW A 180-FOOT DISTANCE SEPARATION FROM A SIMILAR USE WHERE 660 FEET IS
REQUIRED at 809 Franklin Avenue (APN 162-03-515-053), R-1 (Single Family Residential) Zone, Ward 3 (Coffin)
[PRJ-71276]. Staff recommends DENIAL.

75. SUP-71313 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: SHEMOT TEVET, LLC -
For possible action on a request for a Special Use Permit FOR A PROPOSED SHORT-TERM RESIDENTIAL RENTAL
USE at 720 Starks Drive (APN 139-30-711-093), R-1 (Single Family Residential) Zone, Ward 5 (Barlow) [PRJ-71274].
Staff recommends APPROVAL.

76. SUP-71315 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: SHEMOT TEVET, LLC -
For possible action on a request for a Special Use Permit FOR A PROPOSED SHORT-TERM RESIDENTIAL RENTAL
USE at 4300 Sawyer Avenue (APN 139-19-215-115), R-1 (Single Family Residential) Zone, Ward 5 (Barlow) [PRJ-
71271]. Staff recommends APPROVAL.

77. SUP-71316 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: SIVAN, LLC - For possible
action on a request for a Special Use Permit FOR A PROPOSED SHORT-TERM RESIDENTIAL RENTAL USE at 5616
Pinecone Place (APN 138-24-411-013), R-1 (Single Family Residential) Zone, Ward 5 (Barlow) [PRJ-71270]. Staff
recommends APPROVAL.

DIRECTOR'S BUSINESS:
78. DIR-71278 - DIRECTOR'S BUSINESS - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS -
For possible action on a presentation of the Las Vegas 2020 Master Plan annual report [PRJ-71277]. Staff has NO
RECOMMENDATION.
Planning Commission September 12, 2017 - Page 10
79. TXT-66412 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS - For
possible action on a request to remove and replace the Downtown Centennial Plan with the Interim Downtown Las Vegas
Urban Form Standards and amend LVMC Title 19 as applicable, and to provide for other related matters. Staff
recommends APPROVAL.

80. TXT-71338 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS - For
possible action on a request to amend LVMC 19.12 and 19.18 related to the Liquor Establishment (Tavern) use, to amend
LVMC Title 6 related to a General On-Sale License, and to provide for other related matters. Staff recommends
APPROVAL.

81. TXT-71381 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS - For
possible action on a request to amend LVMC Title 19.12 and 19.18 related to the Package Liquor Off-Sale Establishment
use, LVMC Title 6 related to the Ancillary Craft Distillery license and fees, and to provide for other related matters. Staff
recommends APPROVAL.

82. TXT-71382 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS - For
possible action on a request to amend LVMC 19.12 and 19.18 related to the Animal Keeping and Husbandry use, and to
provide for other related matters. Staff has NO RECOMMENDATION.

CITIZENS PARTICIPATION:
83. CITIZENS PARTICIPATION: PUBLIC COMMENT DURING THIS PORTION OF THE AGENDA MUST BE
LIMITED TO MATTERS WITHIN THE JURISDICTION OF THE PLANNING COMMISSION. NO SUBJECT MAY
BE ACTED UPON BY THE PLANNING COMMISSION UNLESS THAT SUBJECT IS ON THE AGENDA AND IS
SCHEDULED FOR ACTION. IF YOU WISH TO BE HEARD, COME TO THE PODIUM AND GIVE YOUR NAME
FOR THE RECORD. THE AMOUNT OF DISCUSSION ON ANY SINGLE SUBJECT, AS WELL AS THE AMOUNT
OF TIME ANY SINGLE SPEAKER IS ALLOWED, MAY BE LIMITED

Planning Commission September 12, 2017 - Page 11


Agenda Item No.: 1.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING

SUBJECT:
CALL TO ORDER
Agenda Item No.: 2.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING

SUBJECT:
ANNOUNCEMENT: COMPLIANCE WITH OPEN MEETING LAW
Agenda Item No.: 3.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING

SUBJECT:
ROLL CALL
Agenda Item No.: 4.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING

SUBJECT:
PUBLIC COMMENT DURING THIS PORTION OF THE AGENDA MUST BE LIMITED TO
MATTERS ON THE AGENDA FOR ACTION. IF YOU WISH TO BE HEARD, COME TO
THE PODIUM AND GIVE YOUR NAME FOR THE RECORD. THE AMOUNT OF
DISCUSSION, AS WELL AS THE AMOUNT OF TIME ANY SINGLE SPEAKER IS
ALLOWED, MAY BE LIMITED
Agenda Item No.: 5.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING

SUBJECT:
FOR POSSIBLE ACTION TO APPROVE THE FINAL MINUTES FOR THE PLANNING
COMMISSION MEETING OF AUGUST 8, 2017.
Agenda Item No.: 6.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
FOR POSSIBLE ACTION - Any items from the Planning Commission, staff and/or the
applicant wish to be stricken or held in abeyance to a future meeting may be brought forward and
acted upon at this time.
Agenda Item No.: 7.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
TMP-71264 - TENTATIVE MAP - SUMMERLIN VILLAGE 26 - REVERENCE PHASE 3 -
APPLICANT/OWNER: PN II, INC. - For possible action on a request for a Tentative Map FOR
A 214-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION on a portion of 330.16 acres on
the west side of Clark County 215, north of Lake Mead Boulevard (portions of APNs 137-14-
110-015, 137-14-510-123 and 137-14-713-065), P-C (Planned Community) Zone, Ward 4
(Anthony) [PRJ-71229]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 7 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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. Clark County School District - School Development Tracking Form
TMP-71264 [PRJ-71229]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: PN II, INC.

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
TMP-71264 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 16

NOTICES MAILED N/A

PROTESTS 0

APPROVALS 0

JB
TMP-71264 [PRJ-71229]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

TMP-71264 CONDITIONS

Planning

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

2. All development shall conform to the Summerlin Village 10, 11, 12 and 26
Development Agreement and the Summerlin Development Standards, 2004
Revision, as applicable.

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

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

5. In conjunction with creation, declaration and recordation of the subject common-


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

JB
TMP-71264 [PRJ-71229]
Conditions Page Two
September 12, 2017 - Planning Commission Meeting

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


Subdivision Statutes.

Public Works

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

8. Grant a minimum 20-foot wide Public Sewer Easement, surface to be maintained,


over the public sewer easement over Common Element M east of Lily Rock
Drive. The width shall be increased to 30-feet if a public drainage easement is
also required in the Common Element.

9. Grant a Public Sewer Easement over Common Element H. If a gate is proposed


across the common element, then the public sewer shall be moved at least 10-feet
away from Common Element H.

10. Per the Summerlin Village 26 Wastewater Collection Master Plan, extend public
sewer through Common Element A to assessor parcel number 137-14-712-012.
Per Design and Construction Standards for Wastewater Collection Systems Table
A, the width of Common Element A may need to be widened depending on the
depth of the sewer line. Grant a public sewer easement over Common Element
A.

11. No structures, and no trees or vegetation taller than three feet, shall be allowed
within any Public Sewer Easements. A note to this affect shall appear on the Final
Map of this site.

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. All landscaping shall be situated and maintained so as to not create sight visibility
obstructions for vehicular traffic at all development access drives and abutting
street intersections.

14. Prior to the release of a Final Map for recordation on this site, the property owner
must contact the Special Improvement District Section of the Department of Public
Works (702-229-2136) and sign a notarized affidavit acknowledging and agreeing
to a per lot assessment of all lots that will be created through a Final Map for this
site. The City shall prepare an apportionment report following recordation of the
Final Map and this apportionment report must be signed by the property owner
prior to the release of any building permits for this site.

JB
TMP-71264 [PRJ-71229]
Conditions Page Three
September 12, 2017 - Planning Commission Meeting

15. An update to the previously approved Traffic Impact Analysis addressing the gated
entry que shall be submitted and approved by the Traffic Engineering Section of
the Department of Public Works prior to the issuance of any building permits.
Comply with the recommendations of the Traffic Engineering Section.

16. A Drainage Plan and Technical Drainage Study must be submitted to and
approved by the Department of Public Works prior to the issuance of any building
or grading permits, submittal of any construction drawings or the submittal of a
Map subdividing this site, whichever may occur first. Provide and improve all
drainageways recommended in the approved drainage plan/study. The developer
of this site shall be responsible to construct such neighborhood or local drainage
facility improvements as are recommended by the City of Las Vegas Neighborhood
Drainage Studies and approved Drainage Plan/Study concurrent with development
of this site.

17. Site development to comply with all previous conditions of approval for Summerlin
Village 26 Reverence (TMP-64418), SV-0018-01, Z-0119-96, and all other site-
related actions.

18. The approval of all Public Works related improvements shown on this Tentative
Map is in concept only. Specific design and construction details relating to size,
type and/or alignment of improvements, including but not limited to street, sewer
and drainage improvements, shall be resolved prior to approval of the construction
plans by the City. No deviations from adopted City Standards shall be allowed
unless specific written approval for such is received from the City Engineer prior to
the recordation of a Final Map or the approval of subdivision-related construction
plans, whichever may occur first. Approval of this Tentative Map does not
constitute approval of any deviations. If such approval cannot be obtained, a
revised Tentative Map must be submitted showing elimination of such deviations.

JB
TMP-71264 [PRJ-71229]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

A 214-lot single family residential subdivision is proposed over three portions of the
previously approved Tentative Map for Phase 1 of Reverence (TMP-60968) on a portion
of 113.42 acres. The existing Phase 1 and Phase 2 residential lots would remain and
not be remapped through this request.

ISSUES

Prior to acceptance of a final map over this site, a final map that includes the
matching portions of Reverence Phases 1 and 2 must record.
The applicants have proposed to map the Village in phases. The first tentative map
covered the entire master planned community. Subsequent maps will further
subdivide the remaining large lot portions.
The Summerlin Design Review Committee has reviewed and approved the
proposed tentative map.

ANALYSIS

Development within this site is subject to the Summerlin Village 26 (Reverence)


Development Plan as amended, the Development Agreement for Villages 10, 11, 12
and 26 and the Summerlin Development Standards as amended. No waivers of
Summerlin Development Standards are needed in conjunction with this map. Each
proposed lot has been designated SF3 (Single Family Detached) by the Village 26
Development Plan, which allows up to 10 dwelling units per gross acre.

Street connectivity pursuant to LVMC Title 19.04 is not required for this development;
however, an analysis of the overall proposed subdivision, including all phases thus far,
indicates a connectivity score of 0.94, which is below the minimum score for qualifying
subdivisions (1.3).

This is the third phase of the Reverence (Summerlin Village 26) development. The
Phase 1 Tentative Map (TMP-60968) included the entire site, but only depicted 323
single-family lots and one multi-family residential lot on parcels already owned by the
applicant, leaving the remaining parcels to include common area or large pod lots for
future development; a Final Map (FMP-65719) recorded for Phase 1 on 01/04/17 for
293 single-family residential lots and six large POD lots. The Phase 2 Tentative Map

JB
TMP-71264 [PRJ-71229]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

(TMP-64418) included 148 single-family residential lots within the development on lots
that are not contiguous similar to this proposed Phase 3 tentative map submittal; a Final
Map (FMP-68935) was recorded for Phase 2A on 05/18/17 for 88 single-family
residential lots. Lots on this proposed Phase 3 map are also not contiguous; they would
remap portions of Phase 1.

Access to this phase would be from Lake Mead Boulevard and from portions of Phase
1, namely Desert Hope Drive and Reverence Parkway (both public streets). Residential
streets are primarily 41-foot private streets. Reverence Parkway, the major collector
road for the community, reaches 81 feet in width. Lot sizes range from 3,800 square
feet to 13,650 square feet.

There are two north-south cross sections submitted and both depict a maximum natural
grade greater than 2% across this site. Per the Summerlin Development Standards, all
development is allowed a maximum exposure of 10 feet. No walls are shown on the
submitted cross section drawings.

The Clark County School District projects that approximately 93 additional primary and
secondary school students will be generated by the proposed development on this site.
All three levels of schools serving the area (Lummis Elementary School, Becker Middle
School and Palo Verde High School), only Palo Verde High School were over capacity
for the 2016-2017 school year.

FINDINGS (TMP-71264)

The map as proposed is in conformance with Title 19 and NRS requirements for
tentative maps. Staff recommends approval with the understanding that Phase 3 will tie
together streets that dead-end at the phase lines. The development is in conformance
with requirements of the Village 10, 11, 12 and 26 Development Agreement, Summerlin
Development Standards and any private requirements from the Master Developer.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc


The City Council approved a Development Agreement (DA-0002-93)
between The Howard Hughes Corporation and the City of Las Vegas
02/16/94 for Summerlin Villages 10, 11, 12 and 26 on 2695 acres (166 acres of
which were already within city boundaries). The Development
Agreement became effective 03/15/94.

JB
TMP-71264 [PRJ-71229]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

Related Relevant City Actions by Planning, Fire, Bldg., etc


The City Council approved a Rezoning (Z-0135-93) from N-U (Non-
Urban) to P-C (Planned Community) of 2,528.70 acres located west of
Hualapai Way between Cheyenne Avenue and Charleston Boulevard.
The Planning Commission and staff recommended approval.
A four-lot Parcel Map (PM-0041-95) on a portion of the annexation
area (2082.89 acres) located west of Hualapai Way between
02/14/96
Cheyenne Avenue and Charleston Boulevard was recorded as Parcel
Map File 84 Page 70.
The City Council approved a request for a Major Modification (MOD-
12395) to the Summerlin Master Plan to amend the existing land use
designation from: ER (Estate Residential) to: SF-3 (Single Family
Detached), MF-2 (Medium Density Multi-Family), COS (Community
06/07/06
Open Space) and COS-1 (Drainage Channel) in Village 26 on 314.36
acres adjacent to the northwest corner of Clark County 215 and Lake
Mead Boulevard. The Planning Commission recommended approval
of the request.
The City Council approved a Summerlin Major Modification (MOD-
61039) of an approved Development Plan for Village 26 on 300.16
acres at the northwest corner of Lake Mead Boulevard and Clark
County 215. The Planning Commission and staff recommended
approval.
The City Council approved a Tentative Map (TMP-60968) for a master
11/18/15
planned village (Summerlin Village 26 Reverence Phase 1)
containing 323 single-family residential lots, one multi-family
residential lot and 14 large pod lots on 300.16 acres at the northwest
corner of Lake mead Boulevard and Clark County 215. The Planning
Commission and staff recommended approval. The approval expires
10/13/19.
A Parcel Map (PMP-61340) for four parcels at the northwest corner of
12/29/15
Lake Mead Boulevard and Clark County 215 was recorded.
The Planning Commission approved a request for a Variance (VAR-
64311) to allow the street name Reverence to coexist with the
06/14/16 existing street name Reference where sound-alike names cannot be
used on 285.06 acres at the northwest corner of Clark County 215 and
Lake Mead Boulevard.
The Planning Commission approved a request for a Tentative Map
(TMP-64418) for a 148-lot Single-Family Residential Subdivision on
06/14/16 46.09 acres on the west side of Clark County 215, approximately
1,200 feet north of Lake Mead Boulevard. Staff recommended
approval of the request.

JB
TMP-71264 [PRJ-71229]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

Related Relevant City Actions by Planning, Fire, Bldg., etc


A Final Map (FMP-65719) (Summerlin Village 26 - Reverence Phase
1) was recorded for a master planned village containing 293 single-
01/04/17
family residential lots and 6 large pod lots on 296.95 acres at the
northwest corner of Lake Mead Boulevard and Clark County 215.
A Final Map (FMP-68935) (Summerlin Village 26 - Reverence Phase
2a) was recorded for a 88-lot single-family residential subdivision
05/18/17
including one large pod lot on 40.62 acres on the northwest corner of
Lake Mead Boulevard and Clark County 215.

Most Recent Change of Ownership


12/01/06 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


An early grading permit (#21523) was issued for mass grading of the
04/26/07 Village 26 site in conjunction with submitted civil plans (19506)
[Reference Drawing Number 107Y4950-RM].
A stockpile permit (L-CIVIL-23791) was issued for movement of 1.5
08/23/07 acres of dirt at the southwest corner of Cheyenne Avenue and Clark
County 215. Final approval was granted 08/23/07.
A Civil Improvement Plan permit (L-CIVIL-48293) was issued for an
04/18/13 interim berm at the southwest corner of Lake Mead Boulevard and
Clark County 215. Final approval was granted 04/18/13.
A Civil Improvement Plan permit (L-CIVIL-64315) was issued on
10/03/16 300.16 acres at the northwest corner of Lake Mead Boulevard and
Clark County 215. Final approval was granted 10/04/16.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
07/20/17 submittal requirements for a Tentative Map. There were no major
concerns.

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

JB
TMP-71264 [PRJ-71229]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

Field Check
The site is undeveloped and partially graded with an access road
running parallel to Clark County 215 and an improved drainage
08/03/17
channel. The terrain is steep and varied in places and contains a low
area for stormwater retention.

Details of Application Request


Site Area
Net Acres 113.42 portion of the 330.16 Village 26 Area
Lot Analysis
Phase 1
323
(approved)
Phase 2
148
(approved)
Phase 3
214
(proposed)
Remaining
2,100
allowed lots

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject P-C (Planned
Undeveloped SUM (Summerlin)
Property Community)
PF (Schools,
R-U (Rural Open Land)
Churches, Public
North Undeveloped Clark County
Facilities) Clark
Designation
County Designation
P-C (Planned
South Undeveloped SUM (Summerlin)
Community)
East East Clark County 215 ROW (Right-of-Way)
P-C (Planned
West Undeveloped SUM (Summerlin)
Community)

Master and Neighborhood Plan Areas Compliance


Summerlin Y
Special Area and Overlay Districts Compliance
P-C (Planned Community) District Y

JB
TMP-71264 [PRJ-71229]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

Other Plans or Special Requirements Compliance


Trails (private) Y
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Development of the site encompassed by the proposed tentative map will be according
to the Village 26 Development Plan, Summerlin Development Standards and private
agreements between the owner and developers.

Open Space Summerlin Village 26


Total Units Required Provided Compliance
Acreage Ratio Percent Area Percent Area
300.16 330 SF
2,785 N/A 21.1 ac 21.6% 64.9 ac Y
acres per unit
This number reflects the maximum number of units in the village. It does not include
undevelopable, mountainous areas or detention basins.

Actual Complian
Functional
Governing Street ce with
Street Name Classification of
Document Width Street
Street(s)
(Feet) Section
Master Plan of Streets
Lake Mead Blvd. Primary Arterial 48-60 N
and Highways Map

19.04.040 Connectivity (All Phases)


Transportation Network Element # Links # Nodes
Total 24.5 26
Required Provided
Connectivity Ratio (Links /
N/A 0.94
Nodes):

JB
TMP-71264



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TMP-71264
TMP-71264 [PRJ-71229] - TENTATIVE MAP - APPLICANT/OWNER: PN II, INC.
WEST SIDE OF CLARK COUNTY 215, NORTH OF LAKE MEAD BOULEVARD
08/03/2017
TMP-71264 [PRJ-71229] - TENTATIVE MAP - APPLICANT/OWNER: PN II, INC.
WEST SIDE OF CLARK COUNTY 215, NORTH OF LAKE MEAD BOULEVARD
08/03/2017
TMP-71264 [PRJ-71229] - TENTATIVE MAP - APPLICANT/OWNER: PN II, INC.
WEST SIDE OF CLARK COUNTY 215, NORTH OF LAKE MEAD BOULEVARD
08/03/2017
TMP-71264 [PRJ-71229] - TENTATIVE MAP - APPLICANT/OWNER: PN II, INC.
WEST SIDE OF CLARK COUNTY 215, NORTH OF LAKE MEAD BOULEVARD
08/03/2017
TMP-71264


TMP-71264
Agenda Item No.: 8.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
TMP-71302 - TENTATIVE MAP - SUMMERLIN VILLAGE 24 - PARCEL D - APPLICANT:
CALATLANTIC HOMES - OWNER: HOWARD HUGHES COMPANY, LLC - For possible
action on a request for a Tentative Map FOR A 141-LOT SINGLE-FAMILY RESIDENTIAL
SUBDIVISION on 32.74 acres on the east side of Crossbridge Drive, approximately 725 feet
south of Suncreek Drive (APN 137-33-810-001), P-C (Planned Community) Zone, Ward 2
(Seroka) [PRJ-71176]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 7 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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. Clark County School District - School Development Tracking Form
TMP-71302 [PRJ-71176]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: CALATLANTIC HOMES - OWNER: HOWARD
HUGHES COMPANY, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
TMP-71302 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 11

NOTICES MAILED N/A

PROTESTS 0

APPROVALS 0

JB
TMP-71302 [PRJ-71176]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

TMP-71302 CONDITIONS

Planning

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

2. All development shall conform to the Conditions of Approval of Rezoning (Z-0119-


96), the Summerlin West Development Agreement and the Summerlin
Development Standards.

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

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

5. In conjunction with creation, declaration and recordation of the subject common-


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

JB
TMP-71302 [PRJ-71176]
Conditions Page Two
September 12, 2017 - Planning Commission Meeting

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


Subdivision Statutes.

Public Works

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

8. Per Design and Construction Standards for Wastewater Collection Systems Table
A, the width of Common Element J may need to be widened depending on the
depth of the sewer line.

9. Concurrent with development, construct paved access, as required by the Sanitary


Sewer Planning Section of the Department of Public Works, over the existing
Public Sewer Easement within Common Element K and connect to Crossbridge
Drive.

10. 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.

11. Prior to the release of a Final Map for recordation on this site, the property owner
must contact the Special Improvement District Section of the Department of Public
Works (702-229-2136) and sign a notarized affidavit acknowledging and agreeing
to a per lot assessment of all lots that will be created through a Final Map for this
site. The City shall prepare an apportionment report following recordation of the
Final Map and this apportionment report must be signed by the property owner
prior to the release of any building permits for this site.

12. All landscaping shall be situated and maintained so as to not create sight visibility
obstructions for vehicular traffic at all development access drives and abutting
street intersections.

13. An update to the previously approved Traffic Impact Analysis must be submitted to
and approved by the Department of Public Works prior to the issuance of any
building or grading permits or the submittal of any construction drawings,
whichever may occur first. Comply with the recommendations of the approved
update to the Traffic Impact Analysis prior to occupancy of the site.

JB
TMP-71302 [PRJ-71176]
Conditions Page Three
September 12, 2017 - Planning Commission Meeting

14. A Drainage Plan and Technical Drainage Study must be submitted to and
approved by the Department of Public Works prior to the issuance of any building
or grading permits, submittal of any construction drawings or the submittal of a
Map subdividing this site, whichever may occur first. Provide and improve all
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. Site development to comply with all applicable conditions of approval for
Summerlin Village 24B and all other applicable site-related actions.

16. The approval of all Public Works related improvements shown on this Tentative
Map is in concept only. Specific design and construction details relating to size,
type and/or alignment of improvements, including but not limited to street, sewer
and drainage improvements, shall be resolved prior to approval of the construction
plans by the City. No deviations from adopted City Standards shall be allowed
unless specific written approval for such is received from the City Engineer prior to
the recordation of a Final Map or the approval of subdivision-related construction
plans, whichever may occur first. Approval of this Tentative Map does not
constitute approval of any deviations. If such approval cannot be obtained, a
revised Tentative Map must be submitted showing elimination of such deviations.

JB
TMP-71302 [PRJ-71176]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing a 141-lot single-family residential subdivision on 32.74 acres


within Summerlin Village 24 located on the east side of Crossbridge Drive,
approximately 740 feet south of Suncreek Drive.

ISSUES

This is a 141-lot single-family residential development to be built to SF3 (Single


Family Detached) standards in accordance with the Summerlin Development
Standards. Staff recommends approval of this tentative map request.

ANALYSIS

The proposed Tentative Map is for a 141-lot single-family residential subdivision located
within Village 24 in Summerlin West. The proposed development is subject to the terms
of a Development Agreement between the Master Developer and the City of Las Vegas,
and to the requirements of the Summerlin Development Standards. The proposed
tentative map and the specific residential product to be constructed on the site were
reviewed and conditionally approved by the Summerlin Design Review Committee on
07/24/17, prior to submittal to the City for review.

The subject property is designated as SF3 (Single Family Detached) Summerlin Special
Land Use Designation which allows for a maximum of 10 units per gross acre. The
proposed development has a density of 4.30 units per acre, which falls well within the
maximum allowed. As this site is part of a master plan with its own improvement
standards, it is not subject to Title 19 requirements. Although it is not subject to Title 19
connectivity requirements, the design of the subdivision has a Connectivity Score of
2.50, which is above the preferred ratio of 1.30.

The proposed lots range in size from 5,552 square feet to 12,914 square feet. Site
access is from Crossbridge Drive by way of a 78-foot public street. Additional
emergency access to Crossbrige Drive is provided through a proposed public utility
easement in the southern portion of the site. Interior circulation is provided by 43-foot
wide public streets with a roll curb, gutter and sidewalk on one side of the street.

JB
TMP-71302 [PRJ-71176]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

The Clark County School District projects that approximately 60 primary and secondary
school students would be generated by the proposed development on this site. Of the
three schools in the area (Givens Elementary School, Rogich Middle School and Palo
Verde High School), the District notes that all three schools are over capacity for the
2016-17 school year and no new schools are planned in this area at this time.

The Summerlin Development Standards allow perimeter village walls to be built up to 10


feet high (as measured from the side of the wall with the maximum vertical exposure)
without a major deviation. The submitted east/west cross section depicts a maximum
natural grade of approximately 2% across this site. Per the detail sheet, no single wall
heights appear to have an exposure higher than 10-feet.

FINDINGS (TMP-71302)

The proposed Tentative Map conforms to the Summerlin Development Standards, the
Village 24 Master Development Plan and Title 19 requirements for Tentative Maps.
Staff therefore recommends approval.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc


The City Council approved a Development Agreement (DA-0001-96)
for the development of the Summerlin Planned Community west of the
215 Beltway between Charleston Boulevard and Cheyenne Avenue.
01/27/97
The Planning Commission and staff recommended approval. The
agreement was adopted as Ordinance 4069 on 02/24/97 and was
recorded 11/21/97.
The City Council approved a Rezoning (Z-0119-96) from N-U (Non-
Urban) to P-C (Planned Community) on 8,318 acres west of the 215
02/28/97
Beltway between Charleston Boulevard and Cheyenne Avenue. The
Planning Commission and staff recommended approval.
The City Referral Group approved a request for a Summerlin Site
Development Plan Review (CRG-1302) for an Aggregate and Asphalt
12/11/02
Plant on property located west of the intersection of Summerlin
Parkway and I-215.
The City Referral Group approved a request for a Summerlin Site
04/30/03 Development Plan Review (CRG-2243) for Community, Village and
Neighborhood Entry Monumentation located in Villages 23A and 23B.

JB
TMP-71302 [PRJ-71176]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

Related Relevant City Actions by Planning, Fire, Bldg., etc


The Planning Commission approved a request for a Tentative Map
12/04/03 (TMP-3280) for a 11-lot residential development on 439 acres located
at the northwest corner of Alta Drive and Desert Foothills Drive.
The Department of Planning administratively approved a request for
an Extension of Time (EOT-3886) for an approved Tentative Map of
03/25/04 Summerlin Village 23a (TM-0006-02) for 20 lots on 389.4 acres
adjacent to the northwest corner of Charleston Boulevard and Desert
Foothills Drive.
The City Council approved a Master Development Plan Review (MDR-
3867) for a proposed village plan for Summerlin Village 24 on 502.20
05/05/04
acres at the northwest corner of Charleston Boulevard and Sky Vista
Drive. The Planning Commission and staff recommended approval.
The Planning Commission approved a request for a Tentative Map
(TMP-4175) for a proposed 20-pod multiple use subdivision on 502.20
05/13/04
acres at the northwest corner of Charleston Boulevard and Sky Vista
Drive. Staff recommended approval. The approval expired 05/10/08.
The Planning Commission approved a request for a Tentative Map
(TMP-4365) for a 246-lot single-family residential subdivision on 40.05
06/10/04
acres adjacent to the northwest corner of Charleston Boulevard and
Sky Vista Drive.
The Planning Commission approved a Tentative Map (TMP-5712) for
a proposed 105-lot single family residential subdivision on 35.80 acres
01/13/05
corresponding with Parcel B of TMP-4175. Staff recommended
approval. The approval expired 01/13/07.
The Planning Commission approved a request for a Tentative Map
(TMP-6375) for a one-lot subdivision on 3.14 acres adjacent to the
05/26/05
north side of Far Hills Avenue, approximately 1,500 feet west of
Carriage Hills Drive.
A Final Map (FMP-4905) for a two-lot parent subdivision (Summerlin
Village 24 Unit No. 1) on 87.07 acres adjacent to the west side of Sky
05/10/06 Vista Drive between Charleston Boulevard and Alta Drive, was
recorded. This extended the approval of TMP-4175 one year until
05/10/07.
The Planning Commission approved a Tentative Map (TMP-13892) for
a proposed 246-lot single family residential subdivision (Summerlin
07/13/06 Village 24 Parcel A Silver Creek) on 40.10 acres at the northwest
corner of Charleston Boulevard and Sky Vista Drive. Staff
recommended approval.
The Planning Commission approved a request for a Tentative Map
08/10/06 (TMP-14767) for a nine lot residential subdivision on 493 acres
adjacent to the northwest corner of Alta Drive and Vista Run Drive.

JB
TMP-71302 [PRJ-71176]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

Related Relevant City Actions by Planning, Fire, Bldg., etc


The Planning Commission approved a request for a Tentative Map
(TMP-15017) for a 458-lot single family residential subdivision on
08/24/06
177.80 acres at the northwest corner of Alta Drive and Desert Foothills
Drive.
A Final Map (FMP-14224) for a 237-lot single family residential
subdivision (Summerlin Village 24 Parcel A Silver Creek) on 42.99
02/08/07
acres at the northwest corner of Charleston Boulevard and Sky Vista
Drive was recorded.
Department of Planning staff approved the applicant's request for a
04/11/07 one-year extension of time on the approval for TMP-4175, until
05/10/08.
The City Council approved a request for an Extension of Time (EOT-
36462) of a previously approved Special Use Permit (U-119-98) for
12/16/09 two electric substations and overhead transmission lines adjacent to
the north side of Far Hills Avenue, approximately 4,580 feet west of
the Las Vegas Beltway.
The City Council approved a Petition to Vacate (VAC-42246) all public
street rights-of-way within Parcel A. The Planning Commission and
09/07/11
staff recommended approval. An Order of Vacation was not recorded
and the approval expired 09/07/12.
A Final Map (FMP-42158) for reversion to acreage of a 237-lot single
family residential subdivision (Summerlin Village 24 Parcel A Silver
10/31/11 Creek) was accepted for final mylar review. However, this
reversionary map was not recorded and was withdrawn 02/05/13 by
the applicant.
The Planning Commission approved a request for a Tentative Map
(TMP-46270) for a 20-pod single and multi-family residential
09/11/12
subdivision on 439.9 acres at the northwest corner of Desert Foothills
Drive and Alta Drive.
Department of Planning staff approved a request for a Minor
Modification (MOD-54315) of the approved Summerlin Village 24
06/19/14 Master Development Plan (MDR-3867) for a proposed 20-pod Planned
Community Development on 501.10 acres at the northwest corner of
Charleston Boulevard and Sky Vista Drive.
The Planning Commission approved a Tentative Map (TMP-54314) for
a 19-parcel master planned village on 455.90 acres at the southwest
07/08/14
corner of Alta Drive and Sky Vista Drive. Staff recommended
approval.

JB
TMP-71302 [PRJ-71176]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

Related Relevant City Actions by Planning, Fire, Bldg., etc


Department of Planning staff approved a request for a Minor
Modification (MOD-57324) of the approved Summerlin Village 24
Master Development Plan (MDR-3867) for a proposed 16-pod Planned
01/07/15
Community Development with seven common open space parcels on
502.10 acres at the northwest corner of Charleston Boulevard and Sky
Vista Drive.
The Planning Commission approved a Tentative Map (TMP-57325) for
a 22-parcel Master Planned Village on the parcels located at the
02/10/15
southwest corner of Alta Drive and Sky Vista Drive. Staff
recommended approval.
The Final Map (FMP-62680) technical review for seven parent
08/26/16 residential parcels and six common open space parcels were
recorded.

Most Recent Change of Ownership


12/18/97 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


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

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
07/13/17
requirements for a Tentative Map were discussed.

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

Field Check
Staff conducted a routine field check where the subject site was
08/03/17
observed. This is an undeveloped site.

Details of Application Request


Site Area
Gross Acres 32.74

JB
TMP-71302 [PRJ-71176]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject P-C (Planned
Undeveloped SUM (Summerlin)
Property Community)
P-C (Planned
North Undeveloped SUM (Summerlin)
Community)
P-C (Planned
South Undeveloped SUM (Summerlin)
Community)
P-C (Planned
East Undeveloped SUM (Summerlin)
Community)
P-C (Planned
West Undeveloped SUM (Summerlin)
Community)

Master Plan Areas Compliance


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

DEVELOPMENT STANDARDS
Pursuant to the Summerlin Development Standards, the following standards apply:
Standard Required/Allowed Provided Compliance

SF3 (Single Family


Detached) Min. Setbacks:
Front 18 Feet 18 Feet Y
Side 5 Feet 5 Feet Y
Corner 15 Feet 15 Feet Y
Rear 15 Feet 15 Feet Y

JB
TMP-71302 [PRJ-71176]
Staff Report Page Seven
September 12, 2017 - Planning Commission Meeting

Actual Complian
Functional
Governing Street ce with
Street Name Classification
Document Width Street
of Street(s)
(Feet) Section
Crossbridge Drive N/A N/A 120 N/A

Existing Zoning Permitted Density Units Allowed


P-C [SF3] 10 du/ac 327

19.04.040 Connectivity
Transportation Network Element # Links # Nodes
Internal Street 14
Intersection Internal 4
Cul-de-sac Terminus 2
Intersection External Street or Stub Terminus
Intersection Stub Terminus w/ Temporary Turn Around
Easements
Non-Vehicular Path - Unrestricted 2
Total 15 6
Required Provided
Connectivity Ratio (Links /
N/A 2.50
Nodes):

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Required Provided Compliance
Floor Area Parking Parking
Use Parking
or Number Handi- Handi-
Ratio Regular
capped
Regular
capped
of Units
Single
2 spaces
Family, 141 units 282
per unit
Detached
TOTAL SPACES REQUIRED 282 282 Y
Regular and Handicap Spaces Y
282 0 282 0
Required

JB
TMP-71302

TMP-71302

TMP-71302
TMP-71302 - REVISED


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TMP-71302
TMP-71302 [PRJ-71176] - TENTATIVE MAP - APPLICANT: CALATLANTIC HOMES - OWNER: HOWARD HUGHES
COMPANY, LLC
EAST SIDE OF CROSSBRIDGE DRIVE, SOUTH OF SUNCREEK DRIVE
08/03/2017
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TMP-71302
TMP-71302
Agenda Item No.: 9.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ZON-71306 - REZONING - PUBLIC HEARING - APPLICANT - SF 601, LLC - OWNER: 601
BRIDGER, LLC AND DEVO, LLC - For possible action on a request for a Rezoning FROM: R-
4 (HIGH DENSITY RESIDENTIAL) TO: C-2 (GENERAL COMMERCIAL) on 0.39 acres
located at 305 and 309 South 6th Street (APNs 139-34-710-003 and 004), Ward 3 (Coffin) [PRJ-
71204]. Staff recommends APPROVAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - ZON-71306, VAR-71307, VAR-71308 and SDR-71310 [PRJ-
71204]
2. Conditions and Staff Report - ZON-71306, VAR-71307, VAR-71308 and SDR-71310 [PRJ-
71204]
3. Supporting Documentation - ZON-71306, VAR-71307, VAR-71308 and SDR-71310 [PRJ-
71204]
4. Photo(s) - ZON-71306, VAR-71307, VAR-71308 and SDR-71310 [PRJ-71204]
5. Justification Letter - ZON-71306, VAR-71307, VAR-71308 and SDR-71310 [PRJ-71204]
ZON-71306, VAR-71307, VAR-71308 and SDR-71310 [PRJ-71204]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT - SF 601, LLC - OWNER: 601 BRIDGER, LLC
AND DEVO, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
ZON-71306 Staff recommends APPROVAL.
VAR-71307 Staff recommends APPROVAL, subject to conditions: ZON-71306
VAR-71308 Staff recommends APPROVAL, subject to conditions: ZON-71306
VAR-71307
SDR-71310 Staff recommends APPROVAL, subject to conditions: ZON-71306
VAR-71307
VAR-71308

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 35

NOTICES MAILED 120 - ZON-71306


120 - VAR-71307 and VAR-71308
120 - SDR-71310

PROTESTS 0 - ZON-71306
0 - VAR-71307 and VAR-71308
0 - SDR-71310

APPROVALS 0 - ZON-71306
0 - VAR-71307 and VAR-71308
0 - SDR-71310

JB
ZON-71306, VAR-71307, VAR-71308 and SDR-71310 [PRJ-71204]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71307 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Rezoning (ZON-


71306), Variance (VAR-71308) and Site Development Plan Review (SDR-71310)
shall be required, if approved.

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

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

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

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

VAR-71308 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Rezoning (ZON-


71306), Variance (VAR-71307) and Site Development Plan Review (SDR-71310)
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.

JB
ZON-71306, VAR-71307, VAR-71308 and SDR-71310 [PRJ-71204]
Conditions Page Two
September 12, 2017 - Planning Commission Meeting

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

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

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

SDR-71310 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Rezoning (ZON-


71306), Variance (VAR-71307) and Variance (VAR-71308) shall be required, if
approved.

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

3. All development shall be in conformance with the site plan and landscape plan
date stamped 08/21/17; and building elevations date stamped 07/27/17, except as
amended by conditions herein.

4. A Waiver from Title 19.08.080 is hereby approved, to allow zero-foot wide


landscape buffers along the north and west perimeter where 15-foot wide buffers
are required and zero-foot wide landscape buffers along the south and east
perimeter where eight-foot wide buffers are required.

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

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

JB
ZON-71306, VAR-71307, VAR-71308 and SDR-71310 [PRJ-71204]
Conditions Page Three
September 12, 2017 - Planning Commission Meeting

7. The applicant shall coordinate with the City Surveyor and other city staff to
determine the most appropriate mapping action necessary to consolidate the
existing lots. The mapping action shall be completed and recorded prior to the
issuance of any building permits.

8. The applicant shall coordinate with the Post Entitlement Approval Conference
(PEAC) team to coordinate building and civil plan submittals for this project. Please
contact DSC Administration team at 702-229-4830 to setup a meeting.

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


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

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

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

Public Works

12. Dedicate a 10-foot radius on the corner of Bridger Avenue and 6th Street prior to
issuance of permits for this site.

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. Landscape and maintain all unimproved rights-of-way on Bridger Avenue and 6th
Street 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. The driveway on Bridger Avenue shall be egress only.

JB
ZON-71306, VAR-71307, VAR-71308 and SDR-71310 [PRJ-71204]
Conditions Page Four
September 12, 2017 - Planning Commission Meeting

16. Contact the City Engineers Office at 702-229-6272 to coordinate the development
of this project with the 6th Street Beautification project and any other public
improvement projects adjacent to this site. Comply with the recommendations of
the City Engineer.

17. Submit a License Agreement for landscaping and private improvements in the
Bridger Avenue and 6th Street public rights-of-way prior to this issuance of permits
for these improvements. The applicant must carry an insurance policy for the term
of the License Agreement and add the City of Las Vegas as an additionally insured
entity on this insurance policy. If requested by the City, the applicant shall remove
property encroaching in the public right-of-way at the applicant's expense pursuant
to the terms of the City's License Agreement. The installation and maintenance of
all private improvements in the public right-of-way shall be the responsibility of the
applicant and any successors in interest to the property and assigns pursuant to
the terms of the License Agreement. Coordinate all requirements for the License
Agreement with the Land Development Section of the Department of Building and
Safety (229-4836).

18. Meet with the Flood Control Section of the Department of Public Works for
assistance with establishing finished floor elevations and drainage paths for this
site prior to submittal of construction plans, the issuance of any building or grading
permits or the submittal of a map for this site, whichever may occur first. Provide
and improve all drainage ways as recommended.

JB
ZON-71306, VAR-71307, VAR-71308 and SDR-71310 [PRJ-71204]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Site Development Plan Review for a proposed 15,723 square-
foot Office, Other than listed development with waivers to allow zero-foot wide
landscape buffers along the north and west perimeter where 15-foot wide buffers are
required and zero-foot wide landscape buffers along the south and east perimeter
where eight-foot wide buffers are required on 0.54 acres located at the southeast corner
of Bridger Avenue and 6th Street.

ISSUES

The applicant has proposed Rezoning (ZON-71306) (APNs 139-34-710-003 and


004) from R-4 (High Density Residential) to C-2 (General Commercial), to create a
consistent zoning designation across the subject site so the three parcels can be
consolidated through a later mapping action. Staff recommends approval of this
request.
Waivers from Title 19.08.080 has been requested, to allow zero-foot wide landscape
buffers along the north and west perimeter where 15-foot wide buffers are required
and zero-foot wide landscape buffers along the south and east perimeter where
eight-foot wide buffers are required. Staff recommends approval of this request.
A Variance (VAR-71307) is required to allow 31 parking spaces where 53 are
required. Staff recommends approval of this request.
A Variance (VAR-71308) is required to allow a zero-foot front yard and corner side
yard setback where 10 feet is required and to allow an eight-foot tall wall/fence
within the front yard setback where five feet with 50 percent visibility is the maximum
allowed. Staff recommends approval of this request.
The Office, Other than Listed use is permitted within the proposed C-2 (General
Commercial) zoning district.

ANALYSIS

The applicant has proposed a Site Development Plan Review (SDR-71310) to develop
the subject site with a 15,723 square-foot office building on 0.54 acres at the southeast
corner of Bridger Avenue and 6th Street. Accompanying Waivers are required to allow
zero-foot wide landscape buffers along the north and west perimeter where 15-foot wide
buffers are required and zero-foot wide landscape buffers along the south and east
perimeter where eight-foot wide buffers are required. The subject site consists of three

JB
ZON-71306, VAR-71307, VAR-71308 and SDR-71310 [PRJ-71204]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

parcels of land located in the Southeast Sector of the General Plan and has a current
land use designation of C (Commercial). The subject site currently has a split zoning
designation of C-2 (General Commercial) on APN 139-34-710-002 and R-4 (High
Density Residential) on APNs 139-34-710-003 and 004. The applicant has submitted a
request for a Rezoning (ZON-71306) on APNs 139-34-710-003 and 004 from R-4 (High
Density Residential) to C-2 (General Commercial) to allow for consolidation of the three
parcels through a mapping action which will done at a later time.

In addition, the applicant has requested Variance (VAR-71307) to allow 31 parking


spaces where 53 are required. The site will provide 31 total parking spaces with three
ADA parking spaces; the parking area also provides space for one trash enclosure,
which has been designed to comply with Title 19.08 standards. The applicant has also
requested a Variance (VAR-71308) to allow a zero-foot front yard and corner side yard
setback where 10 feet is required, and to allow an eight-foot tall wall/fence within the
front yard setback where five feet with 50 percent visibility is the maximum allowed. The
front yard wall is located adjacent to Bridger Avenue and will be used to screen the
proposed parking lot area located on the east perimeter of the building.

The proposed 15,273 square-foot office building will cover approximately 35% of the 0.54
acre site. The submitted building elevations indicate the structure will be 33 feet tall
measured to the top of the parapet; building faades will have a grey stucco finish, with
matte black accent trim and blue glass.

All interior parking lot landscaping has been designed to comply with code requirements
for spacing and quantities; however the applicant has requested a Waiver to allow a
zero-foot landscape buffer along all perimeters. The primary tree species being utilized
are the 36 box Southern Oak, 36 box Canary Date Palm and 36 box Mexican Fan
Palm trees. Additionally, the applicant has proposed to install streetscape improvements
adjacent to the site with 36 box Southern Oak trees spaces in 20-foot intervals which
matches the streetscape standards outlined within the Downtown Centennial Plan.

These parcels are currently served by Las Vegas Valley Water District (LVVWD) for
domestic water. Civil and plumbing plans will need to be submitted to LVVWD for
domestic meter sizing, fire flow and backflow prevention. Proof of parcel lot
consolidation will be required prior to LVVWD approval of civil improvement plans or
building permits.

Although the subject site does not comply with current Title 19.12 on-site parking
requirements and Title 19.08.080 minimum building setbacks and maximum wall height;
the subject site is located within the Founders District of the Vision 2045 Downtown Las
Vegas Masterplan, which was adopted by the City Council (Resolution R-25-2016) on
July 15th, 2016. The Vision 2045 Downtown Las Vegas Masterplan is the policy
document that states the goals and strategies set forth by the City of Las Vegas for the

JB
ZON-71306, VAR-71307, VAR-71308 and SDR-71310 [PRJ-71204]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

downtown region. The Vision 2045 Las Vegas Masterplan envisions and encourages
downtown Las Vegas to achieve a compact, vibrant urban environment, with a focus on
higher density mixed-use development around transit hubs and activity nodes.

On September 12th, 2017 the Department of Planning will present Interim Downtown
Las Vegas Urban Form Standards to the Planning Commission, which is intended to
supersede and replace the DCP-O Downtown Centennial Plan Overlay and establish
the Downtown Las Vegas Overlay (DTLV-O). The DTLV-O will serve as the primary
regulating document for all development and improvements within the DTLV-O
boundaries. As the design of the proposed office building is generally consistent with
the currently approved development standards outlined within the Downtown Centennial
Plan, and the anticipated Interim Downtown Las Vegas Vision Form Standards
regarding building placement, streetscape and parking lot landscaping, Staff
recommends approval. Staff has determined the proposed project is compatible with
surrounding development in the area, as demonstrated by the proposed Downtown Las
Vegas Overlay (DTLV-O). Therefore, staff is recommends approval of this project with
conditions.

FINDINGS (ZON-71306)

In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning


Commission or City Council must affirm the following:

1. The proposal conforms to the General Plan.

The proposed Rezoning to C-2 (General Commercial) conforms to the existing C


(Commercial) General Plan designation on the subject property.

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.

If approved, the C-2 (General Commercial) zoning district would allow the
proposed Office, Other Than Listed use along with most retail shopping and
personal services.

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

The proposed C-2 (General Commercial) is an appropriate zoning designation


for an Office, Other Than Listed use, which will allow conformance with the
existing C (Commercial) designation under the Southeast Sector Plan of the
General Plan.

JB
ZON-71306, VAR-71307, VAR-71308 and SDR-71310 [PRJ-71204]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

4. Street or highway facilities providing access to the property are or will be


adequate in size to meet the requirements of the proposed zoning district.

The abutting streets (Bridger Avenue and 6th Street) are planned as an 80-foot
wide Local Streets respectively; each would carry adequate capacity for traffic
generated by the proposed Office, Other Than Listed use on the subject site.

FINDINGS (VAR-71307)

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

Evidence of a unique or extraordinary circumstance has been presented, in that the


subject site is located within the Founders District of the Vision 2045 Downtown Las
Vegas Masterplan, and will be regulated by the proposed Downtown Las Vegas Overlay
(DTLV-O), which supports the development standards outlined within the currently
approved Downtown Centennial Plan; including the provision that Title 19.12 parking
standards do not automatically apply within the planning area. With regard to the
increase in wall height along the front property line staff has determined that the
increase in height will have minimal negative impact to the commercial zoned properties
in the area. In view of the unique or extraordinary circumstance created by the subject
location and the pending adoption of the DTLV-O it is concluded that the applicants
hardship is not preferential in nature, and it is thereby within the realm of NRS Chapter
278 for granting of Variances.

JB
ZON-71306, VAR-71307, VAR-71308 and SDR-71310 [PRJ-71204]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

FINDINGS (VAR-71308)

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

Evidence of a unique or extraordinary circumstance has been presented, in that the


subject site is located within the Founders District of the Vision 2045 Downtown Las
Vegas Masterplan, and will be regulated by the proposed Downtown Las Vegas Overlay
(DTLV-O), which supports the development standards outlined within the currently
approved Downtown Centennial Plan; including the provision that Tile 19.08 setback
standards do not automatically apply within the planning area. In view of the unique or
extraordinary circumstance created by the subject location and the pending adoption of
the DTLV-O it is concluded that the applicants hardship is not preferential in nature,
and it is thereby within the realm of NRS Chapter 278 for granting of Variances.

FINDINGS (SDR-71310)

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

1. The proposed development is compatible with adjacent development and


development in the area;

JB
ZON-71306, VAR-71307, VAR-71308 and SDR-71310 [PRJ-71204]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

The proposed 15,723 square-foot Office, Other than listed development is located
directly adjacent to the existing Downtown Centennial Plan overlay within the
newly designated Founders District outlined within the Vision 2045 Downtown Las
Vegas Masterplan. As proposed this office development is complimentary to the
Federal Courthouse, offices and retail uses in close proximity to the subject site,
this type of development is also encouraged in the newly proposed Downtown Las
Vegas Overlay (DTLV-O).

2. The proposed development is consistent with the General Plan, this Title,
and other duly-adopted city plans, policies and standards;

Although the subject site does not comply with current Title 19.12 on-site parking
requirements and Title 19.08.080 minimum building setbacks and maximum wall
height; the subject site is located within the Founders District of the Vision 2045
Downtown Las Vegas Masterplan, which was adopted by the City Council
(Resolution R-25-2016) on July 15th, 2016. As proposed this type of office
development is encouraged in the newly proposed Downtown Las Vegas Overlay
(DTLV-O), which supports the development standards outlined within the currently
approved Downtown Centennial Plan and will not require automatic application of
Title 19 standards..

3. Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;

Site access is provided from 6th Street and Bridger Avenue, which are 80-foot
local streets as designated by Title 13. These streets are sufficient in size to
accommodate the needs of the proposed use.

4. Building and landscape materials are appropriate for the area and for the
City;

The submitted building elevations indicate the structure will be 33 feet tall
measured to the top of the parapet; building faades will have a grey stucco finish,
with matte black accent trim and blue glass. The submitted landscape plan
indicates the primary tree species being utilized are the 36 box Southern Oak,
36 box Canary Date Palm and 36 box Mexican Fan Palm trees, which are
appropriate for the area

5. Building elevations, design characteristics and other architectural and


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

JB
ZON-71306, VAR-71307, VAR-71308 and SDR-71310 [PRJ-71204]
Staff Report Page Seven
September 12, 2017 - Planning Commission Meeting

The submitted building elevations indicate the structure will be 33 feet tall
measured to the top of the parapet; building faades will have a grey stucco finish,
with matte black accent trim and blue glass; which are aesthetically pleasing and
harmonious with the Federal Courthouse, offices and retail uses in close proximity
to the subject site.

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

The proposed development is subject to permit review and inspection;


therefore, appropriate measures will be taken to protect the health, safety and
general welfare.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc


The Planning Commission approved a request for a Rezoning (Z-
0025-54) from R-4 (High Density Residential) to C-2 (General
07/08/54 Commercial) on both sides of 6th Street between Carson Avenue,
Bridger Avenue and on the south side of Bridger between 6 th Street
and 7th Street.
The Board of Zoning Adjustment approved a request for a Special Use
06/28/62 Permit (U-0021-62) to construct and operate a private parking lot
located at 515 Bridger Street.
The Planning Commission approved a request for a Rezoning and Plot
Plan Review (Z-0024-76) from R-4 (High Density Residential) to C-1
04/21/76
(Limited Commercial) for a proposed office building on property
located at 600 East Bridger Avenue.
The Planning Commission approved a request for a Rezoning and Plot
Plan Review (Z-0105-78) from R-4 (High Density Residential) to C-2
12/20/78 (General Commercial) for a proposed office building on property
located at 601 East Bridger Avenue. The Planning Commission
recommended approval of the request.

Most Recent Change of Ownership


A deed was recorded for a change in ownership (APN 139-34-710-
11/30/11
004.
A deed was recorded for a change in ownership (APNs 139-34-710-
12/14/12
002 and 003.

JB
ZON-71306, VAR-71307, VAR-71308 and SDR-71310 [PRJ-71204]
Staff Report Page Eight
September 12, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


There are no related Building Permits or Business Licenses associated with the subject
property.

Pre-Application Meeting
A pre-application meeting was conducted with the applicant to review
the application materials and submittal requirements for the proposed
07/18/17
Rezoning, two Variances and Site Development Plan Review
requests.

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

Field Check
Staff conducted a routine site visit a found the subject site to be
08/03/17 partially developed with an existing Office building, parking lot and
undeveloped parcel of land.

Details of Application Request


Site Area
Net Acres 0.54

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Office, Other Than C-2 (General
Subject Listed Commercial)
C (Commercial)
Property Parking Lot R-4 (High Density
Undeveloped Residential)
General Retail
C-2 (General
North Store, Other Than C (Commercial)
Commercial)
Listed
Office, Other than C-1 (Limited
South C (Commercial)
Listed Commercial)
Church/House of C-1 (Limited
East C (Commercial)
Worship Commercial)
Federal
West PF (Public Facilities) C-V (Civic)
Courthouse

JB
ZON-71306, VAR-71307, VAR-71308 and SDR-71310 [PRJ-71204]
Staff Report Page Nine
September 12, 2017 - Planning Commission Meeting

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
LW-O (Live/Work Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Y
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Pursuant to Title 19.08.080 the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Width 100 Feet 170 Feet Y
Min. Setbacks
Front 10 Feet 0 Feet N*
Side (east) 10 Feet 52 Feet Y
Corner 10 Feet 0 Feet N*
Rear 20 Feet 51 Feet Y
Max. Lot Coverage 50 % 35 % Y
Max. Building Height N/A 33 Feet Y
Screened,
Gated, w/ a
Trash Enclosure Y
Screened, Gated, w/ a Roof or
Roof or Trellis Trellis
Mech. Equipment Screened Screened Y
*The applicant has requested a Variance (VAR-71308) to allow a zero-foot front yard
and corner side yard setback where 10 feet is required.

Existing Zoning Permitted Density Units Allowed


C-2 (General Commercial) N/A N/A
R-4 (High Density
N/A N/A
Residential)
Proposed Zoning Permitted Density Units Allowed
C-2 (General Commercial) N/A N/A
General Plan Permitted Density Units Allowed
C (Commercial) N/A N/A

JB
ZON-71306, VAR-71307, VAR-71308 and SDR-71310 [PRJ-71204]
Staff Report Page Ten
September 12, 2017 - Planning Commission Meeting

Pursuant to note the applicable code section here (Title 19.08), the following
standards apply:
Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees
Buffer Trees:
North 1 Tree / 20 Linear Feet 7 Trees 0 Trees N*
South 1 Tree / 20 Linear Feet 7 Trees 0 Trees N*
East 1 Tree / 20 Linear Feet 8 Trees 0 Trees N*
West 1 Tree / 20 Linear Feet 8 Trees 0 Trees N*
TOTAL PERIMETER TREES 30 Trees 0 Trees N
1 Tree / 6 Uncovered
Parking Area Spaces, plus 1 tree at the
14 Trees 14 Trees Y
Trees end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North 15 Feet 0 Feet N*
South 8 Feet 0 Feet N*
East 8 Feet 0 Feet N*
West 15 Feet 0 Feet N*
Wall Height 6 to 8 Feet Adjacent to Residential 8 Feet N**
* The applicant has requested Waivers to allow zero-foot wide landscape buffers along
the north and west perimeter where 15-foot wide buffers are required and zero-foot wide
landscape buffers along the south and east perimeter where eight-foot wide buffers are
required.
**The applicant has requested a Variance (VAR-71308) to allow an eight-foot tall
wall/fence within the front yard setback where five feet with 50 percent visibility is the
maximum allowed along Bridger Avenue.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Bridger Avenue Local Street Title 13 80 Feet Y
6th Street Local Street Title 13 80 Feet Y

JB
ZON-71306, VAR-71307, VAR-71308 and SDR-71310 [PRJ-71204]
Staff Report Page Eleven
September 12, 2017 - Planning Commission Meeting

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Floor Required Provided Compliance
Area or Parking Parking
Use Parking
Number of Ratio Handi- Handi-
Regular Regular
Units capped capped
Office, Other
15,723 SF 1:300 53
Than Listed
TOTAL SPACES REQUIRED 53 31 N*
Regular and Handicap Spaces Required 50 3 28 3 N*
Percent Deviation 42%
* The applicant has requested a Variance (VAR-71307) to allow 31 parking spaces
where 53 are required.

Waivers
Requirement Request Staff Recommendation
To allow zero-foot
wide landscape
15-foot wide landscaping buffers along the
buffer are required along all north and west Approval
rights-of-way perimeter where 15-
foot wide buffers are
required.
To allow zero-foot
wide landscape
8-foot wide landscape buffers buffers along the
are required along internal lot south and east Approval
lines. perimeter where
eight-foot wide
buffers are required.

JB
ZON-71306



ZON-71306



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Undeveloped Density Residential
R-3 - Medium Density N-S - Neighborhood Service M - Industrial
R-A - Ranch Acres 1000' Buffer
Residential
O - Office C-V - Civic
R-E - Residential Estates R-4 - High Density
City Limits
R-D - Single-Family Residential C-D - Designed Commercial P-C - Planned Community
Residential-Restricted R-5 - Apartment
R-PD - Residential C-1 - Limited Commercial T-D - Traditional Development Not City GIS maps are normally produced
R-MH - Mobile/Manufactured only to meet the needs of the City.
Planned Development Home Residence Due to c ontinuous dev elopment activity
C-2 - General Commercial PD - Planned Development Subject Property this map is for reference only .
R-1 - Single Family Geographic Information System
R-MHP - Residential Mobile/ C-PB - Planned Business
Residential T-C - Town Center Planning & Development Dept.
Manufactured Home Park Park 702-229-6301
R-CL - Single-Family

ZON-71306
Compact-Lot P-R - Professional Offices Date: Thursday, A ugust 03, 2017
and Parking
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ZON-71306, VAR-71307, VAR-71308 and SDR-71310 - REVISED


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ZON-71306, VAR-71307, VAR-71308 and SDR-71310 - REVISED
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ZON-71306, VAR-71307, VAR-71308 and SDR-71310


ZON-71306 [PRJ-71204] - REZONING RELATED TO VAR-71307, VAR-71308 AND SDR-71310 - APPLICANT - SF
601, LLC - OWNER: 601 BRIDGER, LLC AND DEVO, LLC
305 AND 309 SOUTH 6TH STREET
08/03/2017
ZON-71306 [PRJ-71204] - REZONING RELATED TO VAR-71307, VAR-71308 AND SDR-71310 - APPLICANT - SF
601, LLC - OWNER: 601 BRIDGER, LLC AND DEVO, LLC
305 AND 309 SOUTH 6TH STREET
08/03/2017
ZON-71306 [PRJ-71204] - REZONING RELATED TO VAR-71307, VAR-71308 AND SDR-71310 - APPLICANT - SF
601, LLC - OWNER: 601 BRIDGER, LLC AND DEVO, LLC
305 AND 309 SOUTH 6TH STREET
08/03/2017
ZON-71306 [PRJ-71204] - REZONING RELATED TO VAR-71307, VAR-71308 AND SDR-71310 - APPLICANT - SF
601, LLC - OWNER: 601 BRIDGER, LLC AND DEVO, LLC
305 AND 309 SOUTH 6TH STREET
08/03/2017
ZON-71306 [PRJ-71204] - REZONING RELATED TO VAR-71307, VAR-71308 AND SDR-71310 - APPLICANT - SF
601, LLC - OWNER: 601 BRIDGER, LLC AND DEVO, LLC
305 AND 309 SOUTH 6TH STREET
08/03/2017
ZON-71306 [PRJ-71204] - REZONING RELATED TO VAR-71307, VAR-71308 AND SDR-71310 - APPLICANT - SF
601, LLC - OWNER: 601 BRIDGER, LLC AND DEVO, LLC
305 AND 309 SOUTH 6TH STREET
08/03/2017
ZON-71306 [PRJ-71204] - REZONING RELATED TO VAR-71307, VAR-71308 AND SDR-71310 - APPLICANT - SF
601, LLC - OWNER: 601 BRIDGER, LLC AND DEVO, LLC
305 AND 309 SOUTH 6TH STREET
08/03/2017
ZON-71306 [PRJ-71204] - REZONING RELATED TO VAR-71307, VAR-71308 AND SDR-71310 - APPLICANT - SF
601, LLC - OWNER: 601 BRIDGER, LLC AND DEVO, LLC
305 AND 309 SOUTH 6TH STREET
08/03/2017
ZON-71306 [PRJ-71204] - REZONING RELATED TO VAR-71307, VAR-71308 AND SDR-71310 - APPLICANT - SF
601, LLC - OWNER: 601 BRIDGER, LLC AND DEVO, LLC
305 AND 309 SOUTH 6TH STREET
08/03/2017
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Agenda Item No.: 10.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71307 - VARIANCE RELATED TO ZON-71306 - PUBLIC HEARING - APPLICANT:
SF 601, LLC - OWNER: 601 BRIDGER, LLC AND DEVO, LLC - For possible action on a
request for a Variance TO ALLOW 31 PARKING SPACES WHERE 53 ARE REQUIRED on
0.54 acres located at the southeast corner of Bridger Avenue and 6th Street (APNs 139-34-710-
002 through 004), C-2 (General Commercial) and R-4 (High Density Residential) Zone
[PROPOSED: C-2 (General Commercial)], Ward 3 (Coffin) [PRJ-71204]. Staff recommends
APPROVAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAR-71307



VAR-71307



VAR-71307



VAR-71307



Agenda Item No.: 11.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71308 - VARIANCE RELATED TO ZON-71306 AND VAR-71307 - PUBLIC
HEARING - APPLICANT: SF 601, LLC - OWNER: 601 BRIDGER, LLC AND DEVO, LLC -
For possible action on a request for a Variance TO ALLOW A ZERO-FOOT FRONT YARD
AND CORNER SIDE YARD SETBACK WHERE 10 FEET IS REQUIRED AND TO ALLOW
AN EIGHT-FOOT TALL WALL/FENCE WITHIN THE FRONT YARD SETBACK WHERE
FIVE FEET WITH 50 PERCENT VISIBILITY IS THE MAXIMUM ALLOWED on 0.54 acres
located at the southeast corner of Bridger Avenue and 6th Street (APNs 139-34-710-002 through
004), C-2 (General Commercial) and R-4 (High Density Residential) Zone [PROPOSED: C-2
(General Commercial)], Ward 3 (Coffin) [PRJ-71204]. Staff recommends APPROVAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAR-71308



VAR-71308



VAR-71308



VAR-71308



Agenda Item No.: 12.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SDR-71310 - SITE DEVELOPMENT PLAN REVIEW RELATED TO ZON-71306, VAR-
71307 AND VAR-71308 - PUBLIC HEARING - APPLICANT: SF 601, LLC - OWNER: 601
BRIDGER, LLC AND DEVO, LLC - For possible action on a request for a Site Development
Plan Review FOR A PROPOSED 15,723 SQUARE-FOOT OFFICE BUILDING WITH
WAIVERS TO ALLOW ZERO-FOOT WIDE LANDSCAPE BUFFERS ALONG THE
NORTH AND WEST PERIMETER WHERE 15-FOOT WIDE BUFFERS ARE REQUIRED
AND ZERO-FOOT WIDE LANDSCAPE BUFFERS ALONG THE SOUTH AND EAST
PERIMETER WHERE EIGHT-FOOT WIDE BUFFERS ARE REQUIRED on 0.54 acres
located at the southeast corner of Bridger Avenue and 6th Street (APNs 139-34-710-002 through
004), C-2 (General Commercial) and R-4 (High Density Residential) Zone [PROPOSED: C-2
(General Commercial)], Ward 3 (Coffin) [PRJ-71204]. Staff recommends APPROVAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
SDR-71310



SDR-71310



SDR-71310



SDR-71310



Agenda Item No.: 13.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71196 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: SCHOOL BOARD
OF TRUSTEES - For possible action on a request for a Variance TO ALLOW A 39-FOOT
BUILDING HEIGHT WHERE 35 FEET IS THE MAXIMUM ALLOWED, A FIVE-FOOT
PERIMETER LANDSCAPE BUFFER ALONG A PORTION OF THE WEST PROPERTY
LINE AND A 10-FOOT BUFFER ALONG A PORTION OF THE EAST PROPERTY LINE
WHERE 15 FEET IS REQUIRED on 8.31 acres at 2501 Winwood Street (APN 138-13-402-
001), C-V (Civic) Zone, Ward 5 (Barlow) [PRJ-71060]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-71196 and SDR-71197 [PRJ-71060]
2. Conditions and Staff Report - VAR-71196 and SDR-71197 [PRJ-71060]
3. Supporting Documentation - VAR-71196 and SDR-71197 [PRJ-71060]
4. Photo(s) - VAR-71196 and SDR-71197 [PRJ-71060]
5. Justification Letter - VAR-71196 and SDR-71197 [PRJ-71060]
VAR-71196 and SDR-71197 [PRJ-71060]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71196 Staff recommends APPROVAL, subject to conditions:
SDR-71197 Staff recommends APPROVAL, subject to conditions: VAR-71196

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 14

NOTICES MAILED 618

PROTESTS 0

APPROVALS 0

SS
VAR-71196 and SDR-71197 [PRJ-71060]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71196 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Site Development


Plan Review (SDR-71197) 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.

SDR-71197 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Variance (VAR-


71196) shall be required, if approved.

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

3. All development shall be in conformance with the site plan, landscape plan, and
building elevations, date stamped 07/17/17, except as amended by conditions
herein.

SS
VAR-71196 and SDR-71197 [PRJ-71060]
Conditions Page Two
September 12, 2017 - Planning Commission Meeting

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

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

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


Landscape Architect, Residential Designer or Civil Engineer, must be submitted
prior to or at the same time application is made for a building permit. A permanent
underground sprinkler system is required, and shall be permanently maintained in
a satisfactory manner; the landscape plan shall include irrigation specifications.
Installed landscaping shall not impede visibility of any traffic control device. The
technical landscape plan shall show two additional 24-inch shade trees in the
parking lot to be located at the ends of parking rows as required by Title 19.08.110,
and shall indicate one additional 24-inch box Holly Oak tree along Seabiscuit
Street.

7. 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.

8. 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. Applicant is required to file a valid FAA Form 7460-1, "Notice of Proposed
Construction or Alteration" with the FAA, in accordance with 14 CFR Part 77,
or submit to the Clark County Director of Aviation a Property Owners
Shielding Determination Statement and request written concurrence from the
Clark County Department of Aviation;
b. No Building Permit or other construction permit shall be issued for any
structure greater than 35 feet above the surface of land that, based upon the
FAAs 7460 airspace determination (the outcome of filing the FAA Form 7460-
1) would (a) constitute a hazard to air navigation, (b) would result in an
increase to minimum flight altitudes during any phase of flight (unless
approved by the Department of Aviation), or (c) would otherwise be
determined to pose a significant adverse impact on airport or aircraft
operations.
c. Applicant is advised that FAAs airspace determinations are dependent on
petitions by any interested party and the height that will not present a hazard
as determined by the FAA may change based on these comments.
d. Applicant is advised that the FAAs airspace determinations include expiration
dates and that the separate airspace determinations will be needed for
construction cranes or other temporary equipment.

SS
VAR-71196 and SDR-71197 [PRJ-71060]
Conditions Page Three
September 12, 2017 - Planning Commission Meeting

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

Public Works

10. In accordance with code requirements of Title 13.16 and 13.56, remove all
substandard improvements (sidewalk) 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.

11. Landscape and maintain all unimproved right-of-way adjacent to this site. All
landscaping and private improvements installed with this project shall be situated
and maintained so as to not create sight visibility obstructions for vehicular traffic at
all development access drives and abutting street intersections.

12. Meet with the Fire Protection Engineering Section of the Department of Fire
Services to discuss fire requirements for the proposed use of this facility. The
design and layout of all onsite private circulation and access drives shall meet the
approval of the Department of Fire Services.

13. A Traffic Impact Analysis or other information acceptable to the City Traffic
Engineer must be submitted to and approved by the Department of Public Works
prior to issuance of any building or grading permits. Comply with the
recommendation of the City Traffic Engineer.

14. Meet with the Flood Control Section of the Department of Public Works for
assistance with establishing finished floor elevations and drainage paths for this
site prior to submittal of construction plans, the issuance of any building or grading
permits, whichever may occur first. Provide and improve all drainage ways as
recommended.

SS
VAR-71196 and SDR-71197 [PRJ-71060]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is requesting to construct a new classroom building at an existing public


elementary (primary) school at 2501 Winwood Street. The building would be two stories
in height and include 18 classrooms plus restrooms and storage facilities. Construction
would displace a portion of the playground and north parking lot; new playground
facilities are planned to replace an existing turf area southeast of the existing Classroom
Building B. Additional parking would be included to accommodate the new classroom
building. The new building would replace existing portable classroom buildings.

ISSUES

The site is zoned C-V (Civic) and is subject to the requirements of Title 19.10.020,
which generally allows the establishment of development standards through
approval of a Site Development Plan Review. However, because the site is adjacent
to R-1 (single Family Residential) and R-E (Rural Estates Residential Clark
County) zoned properties, development is subject to specific Title 19 standards.
A Variance from Title 19.10.020 is required to allow a 39-foot building height where
35 feet is allowed, a five-foot perimeter landscape buffer along a portion of the west
property line and a 10-foot landscape buffer along a portion of the east property line
where 15 feet is required for both. Staff recommends approval of the variance.
A condition of approval will require the addition of two 24-inch box shade trees at the
ends of rows within the proposed parking lot and one 24-inch box Holly Oak tree in
the buffer adjacent to Seabiscuit Street in order to conform to Title 19.08 standards.
These are not part of the variance request.

ANALYSIS

The C-V (Civic) zoning district allows any use operated or controlled by the city, county,
state or federal government, including a primary school operated by the Clark County
School District. The Public or Private School, Primary use is already established on the
site and is proposed to be expanded by this additional classroom building on the same
property while at the same time replacing temporary classroom structures with a
permanent building.

Site Development is subject to LVMC Title 19, with emphasis on 19.10.020 with regard
to C-V zoned properties. Per Title 19.10.020, the development standards for a C-V
(Civic) property are established by approval of a Site Development Plan Review.

SS
VAR-71196 and SDR-71197 [PRJ-71060]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

However, when adjacent to a residential use in certain residential zoning districts,


additional standards are applied. Those standards include the maximum building height
of the R-E (Residence Estates) District, the landscape buffer standards of the P-O
(Professional Office) District, and the Title 19.08 commercial and industrial parking
design standards. If these specific standards cannot be met, a variance is required.

The required 35-foot maximum building height is proposed to be exceeded by


approximately four feet, a 10 percent deviation. In this particular case, the proposed
30,000 square-foot building would be located on an interior portion of the property and
would be set back approximately 124 feet from R-E (Rural Estates Residential Clark
County) zoned residential properties to the north. At this height, the building exceeds a
3:1 distance-to-height ratio from the property line to the north, the normal standard for
protection of adjacent properties from tall structures. In addition, a dense buffer of pine
trees is proposed adjacent to the residential properties, obscuring views of the proposed
building. As adequate measures have been taken to mitigate the impacts of
development, approval of a variance would not have an adverse impact on neighboring
properties or the public good. Likewise, the new landscape buffers on the west and
east perimeters are proposed to be narrower than Title 19 requires. Along the west
property line, the deviation occurs at the new parking area, which must accommodate
parking spaces and a drive aisle. Along the east property line, the buffer is adjacent to
an existing retaining wall with chain link fencing, where 10 feet of landscaping is
adequate. In both cases, residential properties across Winwood Street and Seabiscuit
Street would not be adversely affected by the changes. Staff therefore supports the
variance request from the strict application of the C-V standards.

Perimeter landscaping will consist of 24-inch box Mondel Pines along the north property
line, 24-inch box Holly Oak along Seabiscuit Street and 24-inch box Fan-Tex Ash along
Winwood Street. Parking lot trees include 24-inch box Red Push Pistache, Fan-Tex
Ash and Mexican Fan Palms, which according to the Southern Nevada Regional
Planning Coalition Plant List are appropriate parking lot and shade trees. Clark County
School District has expressed concerns over larger shade trees blocking security
camera coverage when placed close to school buildings and has thus proposed the
palm trees as an alternative. Two additional 24-inch box trees still must be provided at
the ends of parking rows. This will be required as a condition of approval.

Title 19.18.030(D)(1) regarding parking-impaired development applies to this site. The


existing school buildings had previously only required 48 spaces (where 99 are currently
required under the UDC). Pursuant to Title 19.18.030(D), only the conforming number
of spaces to accommodate the new classroom building is required; therefore, 54
additional spaces will be required. The development will provide 89 additional spaces
for a total of 147 spaces overall.

SS
VAR-71196 and SDR-71197 [PRJ-71060]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

The proposed classroom building exterior will consist of variations in texture, color and
materials, featuring a colored CMU base and corrugated metal paneling. The roofline
would be flat but the parapet would vary in height.

Federal Aviation Regulations (Title 14, Part 77) require that the Federal Aviation
Administration (FAA) be notified before the construction or alteration of any building or
structure greater than 200 feet in height [77.13(a)(1)] or that will exceed a slope of
100:1 for a distance of 20,000 feet from the nearest point of any airport runway greater
than 3,200 feet in length [77.13(a)(2)(i)]. Such notification allows the FAA to determine
what impact, if any, the proposed development will have upon navigable airspace, and
allows the FAA to determine whether the development requires obstruction marking or
lighting. The proposed development will exceed the 100:1 notice requirement for the
North Las Vegas Airport (VGT). Therefore, as required by 14 CFR Part 77, the FAA
must be notified of the proposed construction or alteration. A condition of approval
addresses this issue.

The Las Vegas Valley Water District (LVVWD) provided the following comment
regarding this site:

This parcel is currently served by LVVWD for both fire and domestic. Site civil and
plumbing plans will need to be submitted to LVVWD for domestic meter sizing and fire
flow verification.

The proposed classroom and parking lot additions to the existing primary school are
compatible with the existing school facilities and development on neighboring
properties. In addition, the expansion conforms to the policies and objectives of the
School Facilities Element of the Las Vegas 2020 Master Plan. Staff therefore
recommends approval.

FINDINGS (VAR-71196)

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


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

Additionally, Title 19.16.140(L) states:

SS
VAR-71196 and SDR-71197 [PRJ-71060]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

Where by reason of exceptional narrowness, shallowness, or shape of a


specific piece of property at the time of enactment of the regulation, or by reason
of exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

The strict application of the additional standards required by the C-V (Civic) zoning
district would prevent the reasonable expansion of an existing school site on property
reserved for such expansion. The adjacent residential uses are over 100 feet away
from the new building and the perimeter of the site adjacent to proposed development
will be adequately buffered from adjacent residential uses. Therefore, relief to these
standards would not have a substantial detriment to the public good and would not
substantially impair the intent and purpose of any ordinance or resolution.

FINDINGS (SDR-71197)

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

1. The proposed development is compatible with adjacent development and


development in the area;

The existing public school is intentionally located within a residential


neighborhood. The proposed expansion of the school is appropriate. Wherever
the proposal does not conform to the C-V zoning district requirements, the
alternative design will minimize the impact to adjacent properties.

2. The proposed development is consistent with the General Plan, this Title,
and other duly-adopted city plans, policies and standards;

The proposed development does not meet the required height or landscape buffer
width requirements of the C-V zoning district. However, measures have been
taken to mitigate any negative effects to adjacent properties. The School
Facilities Element of the Las Vegas 2020 Master Plan includes policies and
objectives highlighting cooperation with Clark County School District in meeting
the needs of the citys expanding population. This includes providing equal
educational opportunities in established neighborhoods, which is satisfied by this
proposal.

SS
VAR-71196 and SDR-71197 [PRJ-71060]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

3. Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;

Access to the site from the west will remain from Winwood Street; however, more
parking will be provided. The main access from Seattle Slew Drive will not be
changed; however, it is estimated that approximately 156 additional vehicles
overall would be introduced into the area as a result of the proposed development.
The adjacent and nearby streets of Winwood Street, Seattle Slew Drive, Michael
Way and Smoke Ranch Road are all believed to be under capacity at this time.

4. Building and landscape materials are appropriate for the area and for the
City;

The proposed building will have a variegated concrete block base with storefront
glazing, with contrasting corrugated metal panels and block. The proposed
materials are appropriate for the area and the City.

5. Building elevations, design characteristics and other architectural and


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

The proposed building will have a variegated concrete block base with storefront
glazing, and rooflines that vary in height. The mass of the building will be broken
up with contrasting corrugated metal panels and CMU block providing varied wall
planes and visual interest. The proposed design will be harmonious and
compatible with development in the area.

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

The proposed building will be subject to code compliance and enforcement to


assure that it is constructed in a manner that will not endanger the public health,
safety or general welfare.

SS
VAR-71196 and SDR-71197 [PRJ-71060]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The City Council approved a Rezoning (Z-0081-86) from R-E
(Residence Estates) to C-V (Civic) on 9.20 acres at the northeast
12/19/86 corner of Seattle Slew Drive and Winwood Street. The Planning
Commission and staff recommended approval. The request included
a plot plan for a proposed elementary school.
Planning and Development Department staff administratively approved
a request for a Site Development Plan Review [Z-0081-86(1)] for a
07/11/00
proposed 7,622 square-foot addition to an existing 47,554 square-foot
elementary school on 8.31 acres at 2501 Winwood Street.

Most Recent Change of Ownership


07/14/65 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


1987 Classroom Building A was constructed at 2501 Winwood Street.
A building permit (#02003280) was issued for a 7,622 square-foot
02/26/02 classroom addition (Classroom Building B) to an existing school at
2501 Winwood Street. The permit expired on 02/22/03.
A building permit (#06003066) was issued for a seven-foot tall
04/26/06 freestanding sign at 2501 Winwood Street. The permit was renewed
on 02/26/07 with no expiration date listed.

Pre-Application Meeting
Staff held a pre-application meeting with the applicant, outlining the
06/08/17 requirements and submittal checklist for a Variance and Site
Development Plan Review.

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

Field Check
Staff completed a routine site visit, noting a well maintained public
08/03/17
school.

SS
VAR-71196 and SDR-71197 [PRJ-71060]
Staff Report Page Seven
September 12, 2017 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres 8.31
School Floor Area
Existing 53,855 sf
Proposed 30,000 sf
Total 83,855 sf

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Public or Private
PF (Public Facilities) C-V (Civic)
Property School, Primary
R-E (Rural Estates
Single Family, RN (Rural
North Residential) Clark
Detached Neighborhood)
County
Single Family, L (Low Density R-1 (Single Family
South
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
East
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
West
Detached Residential) Residential)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District (70 Feet) Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification
N/A
Assessment)
Project of Regional Significance N/A

SS
VAR-71196 and SDR-71197 [PRJ-71060]
Staff Report Page Eight
September 12, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to the site development plans and Title 19.10.020, the following
standards apply:
Standard Required/Allowed Provided Compliance
Min. Lot Size N/A 361,983 SF N/A
Min. Lot Width N/A 600 Feet N/A
Min. Setbacks
(bldg. addition only)
Front As established 364 Feet Y
Side As established 285 Feet Y
Corner As established 69 Feet Y
Rear As established 124 Feet Y
Max. Building Height 35 Feet 39 Feet N*
Screened, Gated, w/ a
Trash Enclosure Existing facilities Y
Roof or Trellis
Mech. Equipment Screened Parapet screened Y
*A Variance is requested for relief from Title 19.10.020.

Pursuant to Title 19.06 and 19.10, the following standards apply (these standards
apply only for the proposed development):
Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees
Buffer Trees:
North 1 Tree / 20 Linear Feet 16 Trees 17 Trees Y
East 1 Tree / 20 Linear Feet 11 Trees 10 Trees N
West 1 Tree / 20 Linear Feet 4 Trees 4 Trees Y
TOTAL PERIMETER TREES 31 Trees 31 Trees Y
1 Tree / 6 Uncovered
Parking Area Spaces, plus 1 tree at the
22 Trees 20 Trees N
Trees end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North 8 Feet 11 Feet Y
East (ROW) 15 Feet 10 Feet N*
West 15 Feet 5 Feet N*
*A Variance is requested for relief from Title 19.10.020.

SS
VAR-71196 and SDR-71197 [PRJ-71060]
Staff Report Page Nine
September 12, 2017 - Planning Commission Meeting

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Seabiscuit
Local Street Title 13 60 Y
Street
Winwood Street Minor Collector Title 13 60 Y
Seattle Slew Dr Minor Collector Title 13 60 Y

Pursuant to Title 19.12, the following parking standards apply:


Parking Requirement
Gross Floor Required Provided Compliance
Area or Parking Parking
Use Parking
Number of Handi- Handi-
Units Ratio Regular Regular
capped capped
Public or
Private
33
School, existing 58*
classrooms
Primary
(existing)
Public or
Private
3 spaces
School, 18
per 54
Primary classrooms
classroom
(proposed
addition)
TOTAL SPACES REQUIRED 112 147 Y
Regular and Handicap Spaces Required 108 3 140 7 Y
*The site is parking impaired. Forty-eight spaces were required at the time of original approval and 58
spaces were provided. Pursuant to Title 19.18.030(D), only the increased number of parking spaces
due to expansion of the development (54) is required beyond what is already provided.

SS
VAR-71196



VAR-71196



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VAR-71196 [PRJ-71060] - VARIANCE RELATED TO SDR-71197 - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
2501 WINWOOD STREET
08/03/2017
VAR-71196 [PRJ-71060] - VARIANCE RELATED TO SDR-71197 - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
2501 WINWOOD STREET
08/03/2017
VAR-71196 [PRJ-71060] - VARIANCE RELATED TO SDR-71197 - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
2501 WINWOOD STREET
08/03/2017
VAR-71196 [PRJ-71060] - VARIANCE RELATED TO SDR-71197 - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
2501 WINWOOD STREET
08/03/2017
VAR-71196 [PRJ-71060] - VARIANCE RELATED TO SDR-71197 - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
2501 WINWOOD STREET
08/03/2017

VAR-71196 and SDR-71197


CITY OF LAS VEGAS
PLANNING COMMISSION AND CITY COUNCIL
RECOMMENDATIONS / COMMENTS

FROM: CLARK COUNTY DEPARTMENT OF AVIATION

APPLICATION NUMBERS: VAR-71196 & SDR-71197

PROJECT: SCHOOL EXPANSION

LOCATION: 138-13-402-001

MEETING DATES: SEPTEMBER 12, 2017 PLANNING COMMISSION &


OCTOBER 18, 2017, CITY COUNCIL

COMMENTS:

Federal Aviation Regulations (Title 14, Part 77) require that the Federal Aviation Administration
(FAA) be notified before the construction or alteration of any building or structure greater than
200 feet in height ( 77.13(a)(1)) or that will exceed a slope of 100:1 for a distance of 20,000
feet from the nearest point of any airport runway greater than 3,200 feet in length ( 77.13
(a)(2)(i)). Such notification allows the FAA to determine what impact, if any, the proposed
development will have upon navigable airspace, and allows the FAA to determine whether the
development requires obstruction marking or lighting.

The proposed development will exceed the 100:1 notice requirement for the North Las Vegas
Airport (VGT). Therefore, as required by 14 CFR Part 77, the FAA must be notified of the
proposed construction or alteration. The CCDOA requests that the City of Las Vegas impose
the conditions listed below for the project:

Applicant is required to file a valid FAA Form 7460-1, "Notice of Proposed Construction
or Alteration" with the FAA, in accordance with 14 CFR Part 77, or submit to the Clark
County Director of Aviation a Property Owners Shielding Determination Statement
and request written concurrence from the Clark County Department of Aviation;
No Building Permit or other construction permit shall be issued for any structure greater
than 35 feet above the surface of land that, based upon the FAAs 7460 airspace
determination (the outcome of filing the FAA Form 7460-1), would (a) constitute a
hazard to air navigation, (b) would result in an increase to minimum flight altitudes
during any phase of flight (unless approved by the Department of Aviation), or (c) would
otherwise be determined to pose a significant adverse impact on airport or aircraft
operations.
Applicant is advised that FAAs airspace determinations are dependent on petitions by
any interested party and the height that will not present a hazard as determined by the
FAA may change based on these comments.
Applicant is advised that the FAAs airspace determinations include expiration dates and
that the separate airspace determinations will be needed for construction cranes or other
temporary equipment.
Agenda Item No.: 14.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SDR-71197 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-71196 - PUBLIC
HEARING - APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES - For possible action
on a request for a Site Development Plan Review FOR A PROPOSED TWO-STORY, 30,000
SQUARE-FOOT ADDITION TO AN EXISTING 53,855 SQUARE-FOOT PUBLIC OR
PRIVATE SCHOOL, PRIMARY on 8.31 acres at 2501 Winwood Street (APN 138-13-402-001),
C-V (Civic) Zone, Ward 5 (Barlow) [PRJ-71060]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
SDR-71197



SDR-71197


Agenda Item No.: 15.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71212 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: SCHOOL BOARD
OF TRUSTEES - For possible action on a request for a Variance TO ALLOW A 39-FOOT
BUILDING HEIGHT WHERE 35 FEET IS THE MAXIMUM ALLOWED; AN 8 FOOT WIDE
LANDSCAPE BUFFER ALONG A PORTION OF THE SOUTH PROPERTY LINE WHERE
15 FEET IS REQUIRED, AND FIVE PARKING LOT LANDSCAPE ISLANDS WHERE 11
ARE REQUIRED on 8.07 acres at 4000 El Parque Avenue (APN 162-06-701-001), C-V (Civic)
Zone, Ward 1 (Tarkanian) [PRJ-71069]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-71212 and SDR-71213 [PRJ-71069]
2. Conditions and Staff Report - VAR-71212 and SDR-71213 [PRJ-71069]
3. Supporting Documentation - VAR-71212 and SDR-71213 [PRJ-71069]
4. Photo(s) - VAR-71212 and SDR-71213 [PRJ-71069]
5. Justification Letter - VAR-71212 and SDR-71213 [PRJ-71069]
VAR-71212 and SDR-71213 [PRJ-71069]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL

VAR-71212 Staff recommends APPROVAL, subject to conditions: N/A

SDR-71213 Staff recommends APPROVAL, subject to conditions: VAR-71212

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 31

NOTICES MAILED 495

PROTESTS 0

APPROVALS 0

PB
VAR-71212 and SDR-71213 [PRJ-71069]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71212 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. These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit.

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

SDR-71213 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Variance (VAR-


71212) shall be required.

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

3. All development shall be in conformance with the site plan, landscape plan, and
building elevations, date stamped 07/18/17, except as amended by conditions
herein.

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

PB
VAR-71212 and SDR-71213 [PRJ-71069]
Conditions Page Two
September 12, 2017 - Planning Commission Meeting

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


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

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

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

Public Works

8. In accordance with code requirements of Title 13.16 and 13.56, remove all
substandard improvements (sidewalk) 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.

9. Landscape and maintain all unimproved right-of-way adjacent to this site. All
landscaping and private improvements installed with this project shall be situated
and maintained so as to not create sight visibility obstructions for vehicular traffic at
all development access drives and abutting street intersections.

10. Meet with the Fire Protection Engineering Section of the Department of Fire
Services to discuss fire requirements for the proposed use of this facility. The
design and layout of all onsite private circulation and access drives shall meet the
approval of the Department of Fire Services.

11. A Traffic Impact Analysis or other information acceptable to the City Traffic
Engineer must be submitted to and approved by the Department of Public Works
prior to issuance of any building or grading permits. Comply with the
recommendation of the City Traffic Engineer.

12. Meet with the Flood Control Section of the Department of Public Works for
assistance with establishing finished floor elevations and drainage paths for this
site prior to submittal of construction plans, the issuance of any building or grading
permits, whichever may occur first. Provide and improve all drainage ways as
recommended.

PB
VAR-71212 and SDR-71213 [PRJ-71069]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The Clark County School District is proposing to replace some existing temporary
classrooms with a new three story classroom building and to increase the parking for
Vegas Verdes Elementary School at 4000 El Parque Avenue.

ISSUES

The subject site is zoned C-V (Civic) and is subject to the requirements of Title
19.10.020, which generally allows the establishment of development standards by
approval of a Site Development Plan Review.
The subject site is adjacent to properties zoned R-1 (Single Family Residential) and
therefore must comply with the additional standards of the 35-foot maximum height
of R-E (Residence Estates), the landscape buffer standards of P-O (Professional
Office), and the commercial and industrial parking design standards.
Per Title 19.10.020 (I), deviation from those requirements may be approved by a
Variance.
The applicant is seeking a Variance (VAR-71212) to allow a building height of 39
feet, an 8-foot-wide landscape buffer along the south property line where fifteen feet
is required, and five parking lot landscape islands where eleven are required. Staff
supports these requests.

ANALYSIS

The subject site, addressed as 4000 El Parque Avenue, is developed with Vegas
Verdes Elementary School; a public school operated by the Clark County School
District. The subject site is zoned C-V (Civic) and has a PF (Public Facilities) land use
designation.

The C-V (Civic) zoning district allows any use operated or controlled by the city, county,
state or federal government, including an Elementary School operated by the Clark
County School District. The public school use is already established on the site and is
proposed to be expanded with this additional classroom building on the same property.

Per Title 19.10.020, the development standards for a C-V (Civic) property are
established by approval of a Site Development Plan Review. However, when adjacent
to a residential use in certain residential zoning districts, additional standards are

PB
VAR-71212 and SDR-71213 [PRJ-71069]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

applied. Those standards include the 35-foot maximum building height of R-E
(Residence Estates), the landscape buffer standards of P-O (Professional Office), and
the commercial and industrial parking design standards.

The applicant is proposing to construct a 38.2-foot-tall, 9,400 square foot classroom


building along the Los Altos Street frontage north of the main school building.
Additionally, the applicant is proposing the expansion of the existing parking lot in the
southeast corner of the site along the El Parque Avenue frontage.

The proposed 38.2-foot-tall building exceeds the 35-foot maximum building height,
which is required because the site is adjacent to single family dwellings in an R-1
(Single Family Residential) zoning district. The proposed building is setback 51.5 feet
from Los Altos Drive and is approximately 107 feet from the residential properties to the
west. The proposed height is less than 10% greater than the prescribed 35 feet and the
residential property is separated from the site by a 60 foot right of way; therefore, staff
supports the applicants request for an increased building height as part of Variance
(VAR-71212).

The submitted architectural elevations depict a variegated concrete block base with
storefront glazing, and contrasting corrugated metal panels and block. Those
contrasting elements provide faade articulation and break up building massing with
variations in parapet heights and wall planes. The proposed design will therefore be
harmonious and compatible with development in the area.

The submitted landscape plan depicts new perimeter landscaping for areas of the site
that are being disturbed for the classroom building and the parking lot. The materials
proposed are all in conformance with the standards of Title 19.08, but the width of the
buffer along El Parque avenue is proposed to be eight feet in width where 15 feet is
required. The width of the buffer is sufficient to provide the necessary landscape
materials; therefore, staff supports the applicants request for reduced perimeter
landscape buffer as part of Variance (VAR-71212).

The submitted landscape plan also depicts new parking lot landscaping in the proposed
parking lot expansion area. The number of parking lot landscape islands and
associated shade trees are deficient. The plans depict five parking lot landscape
islands and associated trees, where eleven area required. Clark County School District
has expressed concerns over shade trees blocking security camera coverage when
placed close to school buildings. The perimeter landscaping materials are being
provided in full; therefore, staff support the applicants request for reduced parking lot
landscaping as part of Variance (VAR-71212).

PB
VAR-71212 and SDR-71213 [PRJ-71069]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

Staff finds that the proposed classroom and parking lot additions to Vegas Verdes
Elementary School are in conformance with the policies and objectives of the School
Facilities Element of the Las Vegas 2020 Master Plan and are compatible with the
existing school facilities and surrounding neighborhoods; therefore, staff recommends
approval.

FINDINGS (VAR-71212)

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

The strict application of the C-V (Civic) zoning districts additional standards [35-foot
maximum height of R-E (Residence Estates), the landscape buffer standards of P-O
(Professional Office), and the commercial and industrial parking design standards.]
would be an impediment to Clark County School District improving the Vegas Verde
Elementary School facilities to provide education opportunities equal to new schools in
the district. The adjacent residential uses are over 100 feet away from the new building
and full perimeter landscaping materials are provided for buffering. Therefore, relief to
these standards would not have a substantial detriment on the public good and would
not substantially impair the intent and purpose of any ordinance or resolution.

FINDINGS (SDR-71213)

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:

PB
VAR-71212 and SDR-71213 [PRJ-71069]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

1. The proposed development is compatible with adjacent development and


development in the area;

The subject site has been developed with an Elementary School for nearly 60
years and therefore its expansion and continuation is compatible with the adjacent
residential development.

2. The proposed development is consistent with the General Plan, this Title,
and other duly-adopted city plans, policies and standards;

The School Facilities Element of the Las Vegas 2020 Master Plan includes
policies and objectives highlighting cooperation with Clark County School District
in meeting the needs of the citys expanding population. This includes providing
equal educational opportunities in established neighborhoods.

3. Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;

The subject site is located adjacent to, but does not have direct access to Oakey
Boulevard a Collector Street, and access to the site will not negatively impact the
streets that the site does have access to/from. The project will add approximately
562 trips per day on El Parque Street, Oakey Boulevard, Hinson Street and Las
Verdes Street. Oakey Boulevard will rise to 61 percent of capacity, Hinson Street
to 17 percent and Las Verdes Street to 15 percent of capacity. Counts are not
available for El Parque or Los Altos in this vicinity, but they are believed to be
under capacity.

4. Building and landscape materials are appropriate for the area and for the
City;

The proposed building will have a variegated concrete block base with storefront
glazing, with contrasting corrugated metal panels and block. The proposed
materials are appropriate for the area and the City.

5. Building elevations, design characteristics and other architectural and


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

The proposed building will have a variegated concrete block base with storefront
glazing, and the mass of the building will be broken up with contrasting corrugated
metal panels and block providing varying heights and wall planes. The proposed
design will be harmonious and compatible with development in the area.

PB
VAR-71212 and SDR-71213 [PRJ-71069]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

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

The proposed building will be subject to code compliance and enforcement to


assure that it is constructed in a manner that will not endanger the public health,
safety or general welfare.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc


Staff administratively approved a Site Development Plan Review
07/14/11 (SDR-42309) for two additions totaling 2,538 square feet to an existing
public school at 4000 El Parque Avenue.

Most Recent Change of Ownership


Month/date/year A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A public elementary school was constructed at 4000 El Parque
1960
Avenue.

Pre-Application Meeting
Staff held a pre-application meeting with the applicant, outlining the
06/21/17 requirements and submittal checklist for a Variance and Site
Development Plan Review.

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

Field Check
Staff completed a routine site visit, noting a well maintained public
08/03/17
school.

PB
VAR-71212 and SDR-71213 [PRJ-71069]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres 8.07

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject
Elementary School PF (Public Facilities) C-V (Civic)
Property
L (Low Density R-1 (Single Family
Residential) Residential)
Single Family
North
Dwellings
R (Rural Density R-E (Residence
Residential) Estates)
Single Family L (Low Density R-1 (Single Family
South
Dwellings Residential) Residential)
Single Family L (Low Density R-1 (Single Family
East
Dwellings Residential) Residential)
Single Family L (Low Density R-1 (Single Family
West
Dwellings Residential) Residential)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

PB
VAR-71212 and SDR-71213 [PRJ-71069]
Staff Report Page Seven
September 12, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to Title 19.10 and Title 19.06 the following standards apply:
Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees
Buffer Trees:
North N/A N/A N/A Y
South 1 Tree / 20 Linear Feet 17 Trees 17 Trees Y
East N/A N/A N/A Y
West 1 Tree / 20 Linear Feet 23 Trees 23 Trees Y
TOTAL PERIMETER TREES 40 Trees 40 Trees Y
1 Tree / 6 Uncovered
Parking Area Spaces, plus 1 tree at the
11 Trees 5 Trees *N
Trees end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North 15 Feet N/A Y
South 15 Feet 8 Feet *N
East 15 Feet N/A Y
West 15 Feet 15 Feet Y
* A Variance (VAR-71212) has been requested to reduce these landscape requirements.

Functional Actual Compliance


Governing
Street Name Classification of Street Width with Street
Document
Street(s) (Feet) Section
Planned Streets and
Oakey Boulevard Collector Street 80 Y
Highways Map
El Parque Avenue Local Street Title 13 60 Y
Los Altos Street Local Street Title 13 60 Y
Las Verdes Street Local Street Title 13 60 Y

PB
VAR-71212 and SDR-71213 [PRJ-71069]
Staff Report Page Eight
September 12, 2017 - Planning Commission Meeting

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Floor Required Provided Compliance
Area or Parking Parking
Use Parking
Number of Ratio Handi- Handi-
Regular Regular
Units capped capped
Existing
34 3 spaces /
Elementary *56 *56
Classrooms classroom
School
Proposed
18 3 spaces /
Classroom 54 54
Classrooms classroom
Building
TOTAL SPACES REQUIRED 110 111 *Y
Regular and Handicap Spaces Required 105 5 104 7 *Y
* The site is parking impaired per Section 19.18.030 (D) (1), and therefore only the
increased number of parking spaces associated with the proposed development shall be
required.

PB
VAR-71212



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VAR-71212 and SDR-71213
VAR-71212 [PRJ-71069] - VARIANCE RELATED TO SDR-71213 - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
4000 EL PARQUE AVENUE
08/03/2017
VAR-71212 [PRJ-71069] - VARIANCE RELATED TO SDR-71213 - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
4000 EL PARQUE AVENUE
08/03/2017
VAR-71212 [PRJ-71069] - VARIANCE RELATED TO SDR-71213 - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
4000 EL PARQUE AVENUE
08/03/2017
VAR-71212 [PRJ-71069] - VARIANCE RELATED TO SDR-71213 - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
4000 EL PARQUE AVENUE
08/03/2017
VAR-71212 [PRJ-71069] - VARIANCE RELATED TO SDR-71213 - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
4000 EL PARQUE AVENUE
08/03/2017

VAR-71212 and SDR-71213



Agenda Item No.: 16.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SDR-71213 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-71212 - PUBLIC
HEARING - APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES - For possible action
on a request for a Site Development Plan Review FOR A PROPOSED TWO-STORY, 36,400
SQUARE-FOOT ADDITION TO AN EXISTING 54,935 SQUARE-FOOT PUBLIC OR
PRIVATE SCHOOL, PRIMARY on 8.07 acres at 4000 El Parque Avenue (APN 162-06-701-
001), C-V (Civic) Zone, Ward 1 (Tarkanian) [PRJ-71069]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
SDR-71213



SDR-71213


Agenda Item No.: 17.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71265 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: SCHOOL BOARD
OF TRUSTEES - For possible action on a request for a Variance TO ALLOW A 39-FOOT
BUILDING HEIGHT WHERE 35 FEET IS THE MAXIMUM ALLOWED, A FIVE-FOOT
PERIMETER LANDSCAPE BUFFER ALONG THE NORTH PROPERTY LINE WHERE
EIGHT FEET IS REQUIRED AND NO PARKING LOT LANDSCAPE ISLANDS WHERE
EIGHT ISLANDS ARE REQUIRED on 7.94 acres at 6350 Peak Drive (APNs 138-14-601-021,
022, 027 and 028), C-V (Civic) Zone, Ward 5 (Barlow) [PRJ-71061]. Staff recommends
APPROVAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-71265 and SDR-71266 [PRJ-71061]
2. Conditions and Staff Report - VAR-71265 and SDR-71266 [PRJ-71061]
3. Supporting Documentation - VAR-71265 and SDR-71266 [PRJ-71061]
4. Photo(s) - VAR-71265 and SDR-71266 [PRJ-71061]
5. Justification Letter - VAR-71265 and SDR-71266 [PRJ-71061]
VAR-71265 and SDR-71266 [PRJ-71061]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71265 Staff recommends APPROVAL, subject to conditions:
SDR-71266 Staff recommends APPROVAL, subject to conditions: VAR-71265

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 15

NOTICES MAILED 506

PROTESTS 0

APPROVALS 0 - VAR-71265
1 - SDR-71266

SS
VAR-71265 and SDR-71266 [PRJ-71061]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71265 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Site Development


Plan Review (SDR-71266) 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.

SDR-71266 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Variance (VAR-


71265) shall be required, if approved.

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

3. All development shall be in conformance with the site plan, landscape plan, and
building elevations, date stamped 07/25/17, except as amended by conditions
herein.

SS
VAR-71265 and SDR-71266 [PRJ-71061]
Conditions Page Two
September 12, 2017 - Planning Commission Meeting

4. One additional handicapped parking space shall be provided in the new parking
area pursuant to Title 19.18.030.

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

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

7. The applicant shall coordinate with the City Surveyor and other city staff to
determine the most appropriate mapping action necessary to consolidate the
existing lots. The mapping action shall be completed and recorded prior to the
issuance of any building permits.

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


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

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. Applicant is required to file a valid FAA Form 7460-1, "Notice of Proposed
Construction or Alteration" with the FAA, in accordance with 14 CFR Part 77,
or submit to the Clark County Director of Aviation a Property Owners
Shielding Determination Statement and request written concurrence from the
Clark County Department of Aviation;
b. No Building Permit or other construction permit shall be issued for any
structure greater than 35 feet above the surface of land that, based upon the
FAAs 7460 airspace determination (the outcome of filing the FAA Form 7460-
1) would (a) constitute a hazard to air navigation, (b) would result in an
increase to minimum flight altitudes during any phase of flight (unless
approved by the Department of Aviation), or (c) would otherwise be
determined to pose a significant adverse impact on airport or aircraft
operations.

SS
VAR-71265 and SDR-71266 [PRJ-71061]
Conditions Page Three
September 12, 2017 - Planning Commission Meeting

c. Applicant is advised that FAAs airspace determinations are dependent on


petitions by any interested party and the height that will not present a hazard
as determined by the FAA may change based on these comments.
d. Applicant is advised that the FAAs airspace determinations include expiration
dates and that the separate airspace determinations will be needed for
construction cranes or other temporary equipment.

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

Public Works

12. Dedicate the appropriate right-of-way on Mustang Street such that the existing
sidewalk is within the public right-of-way prior to issuance of permits for this site.

13. In accordance with code requirements of Title 13.16 and 13.56, remove all
substandard improvements (sidewalk) and replace with new improvements
meeting Current City Standards concurrent with development of this site. All
existing paving damaged or removed by this development shall be restored at its
original location and to its original width concurrent with development of this site.

14. Landscape and maintain all unimproved right-of-way adjacent to this site. All
landscaping and private improvements installed with this project shall be situated
and maintained so as to not create sight visibility obstructions for vehicular traffic at
all development access drives and abutting street intersections.

15. Meet with the Fire Protection Engineering Section of the Department of Fire
Services to discuss fire requirements for the proposed use of this facility. The
design and layout of all onsite private circulation and access drives shall meet the
approval of the Department of Fire Services.

16. A Traffic Impact Analysis or other information acceptable to the City Traffic
Engineer must be submitted to and approved by the Department of Public Works
prior to issuance of any building or grading permits. Comply with the
recommendation of the City Traffic Engineer.

17. An update to the previously approved Drainage Plan and Technical Drainage
Study must be submitted to and approved by the Department of Public Works prior
to submittal of any construction drawings or the issuance of any building or grading
permits, whichever may occur first. Provide and improve all drainageways
recommended in the approved drainage study update.

SS
VAR-71265 and SDR-71266 [PRJ-71061]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is requesting to construct a new classroom building at an existing


elementary (primary) public school at 6350 Peak Drive. The building will be two stories
and will include 22 classrooms plus restrooms and storage facilities. Construction will
displace a portion of the existing turf area at the northeast corner of the site. Additional
parking would be included to accommodate the new classroom building. The new
building would replace existing portable classroom buildings on the site.

ISSUES

The site is zoned C-V (Civic) and is subject to the requirements of Title 19.10.020,
which generally allows the establishment of development standards through
approval of a Site Development Plan Review. However, because the site is adjacent
to R-1 (single Family Residential) and R-E (Rural Estates Residential Clark
County) zoned properties, development is subject to specific Title 19 standards.
A Variance from Title 19.10.020 is required to allow a 39-foot building height where
35 feet is allowed, a five-foot perimeter landscape buffer along a portion of the north
property line where eight feet is required and no parking lot landscape islands where
eight islands are required. Staff recommends approval of the variance.
A condition of approval will require one additional handicapped parking space to be
provided in the proposed parking area to meet Title 19.18.030 requirements. This is
not part of the variance request.
The site consists of four separate parcels. In order to comply with Las Vegas Valley
Water District service rules, the parcels must be consolidated into one. The
mapping action shall be completed and recorded prior to the issuance of any
building permits. A condition of approval addresses this issue.

ANALYSIS

The C-V (Civic) zoning district allows any use operated or controlled by the city, county,
state or federal government, including a primary school operated by the Clark County
School District. The Public or Private School, Primary use is already established on the
site and is proposed to be expanded by this additional classroom building on the same
property while at the same time replacing temporary classroom structures with a
permanent building.

SS
VAR-71265 and SDR-71266 [PRJ-71061]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

Site Development is subject to LVMC Title 19, with emphasis on 19.10.020 with regard
to C-V zoned properties. Per Title 19.10.020, the development standards for a C-V
(Civic) property are established by approval of a Site Development Plan Review.
However, when adjacent to a residential use in certain residential zoning districts,
additional standards are applied. Those standards include the maximum building height
of the R-E (Residence Estates) District, the landscape buffer standards of the P-O
(Professional Office) District, and the Title 19.08 commercial and industrial parking
design standards. If these specific standards cannot be met, a variance is required.

The required 35-foot maximum building height is proposed to be exceeded by


approximately four feet, a 10 percent deviation. In this particular case, the proposed
36,400 square-foot building would be set back approximately 100 feet from R-E (Rural
Estates Residential Clark County) zoned residential properties to the east. At the
proposed height of 38 feet, 2 inches, the building setback does not meet the 3:1
distance-to-height ratio normally applied to nonresidential developments outside of the
C-V zoning district. However, the 40-foot building setback, combined with a 20-foot
wide landscape buffer and 60-foot right-of-way (Mustang Street) will provide sufficient
screening from the adjacent residential properties. It is noted that the existing
classroom building is located only 86 feet from residential properties east of Mustang
Street. As adequate measures have been taken to mitigate the impacts of
development, approval of a variance would not have an adverse impact on neighboring
properties or the public good.

Likewise, the new landscape buffer on the north perimeter is proposed to be five feet
wide where eight feet is required by Title 19 requires. A church is located on the
properties north of the school site; however, the site abuts a parking lot and an
undeveloped portion of the school site. In this case, the adjacent properties to the north
would not be adversely affected by the reduction in perimeter landscape buffer width.
Staff therefore supports the variance request from the strict application of the C-V
standards.

Perimeter landscaping will consist of 24-inch box Mondel Pines along the north property
line and 24-inch box Holly Oak along Mustang Street. Additional oak trees are
proposed at the edge of the parking lot near the turfed area. Parking lot trees include
24-inch box Red Push Pistache and Holly Oak. Although no trees are proposed within
landscape islands within the proposed parking lot, trees are provided at the ends of
parking rows to break up large areas of asphalt. As the parking area is relatively small
and the lack of islands has little negative impact to the property, staff recommends that
a variance to allow no landscape islands be approved.

Title 19.18.030(D)(1) regarding parking-impaired development applies to this site. The


existing school building had previously only required 41 spaces (where 81 are currently
required under the UDC). Seventy-four spaces are currently provided. Pursuant to Title

SS
VAR-71265 and SDR-71266 [PRJ-71061]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

19.18.030(D), only the conforming number of spaces to accommodate the new


classroom building is required; therefore, 66 additional spaces will be required. The
development will provide 68 additional spaces for a total of 142 spaces overall. The
provision of 68 new spaces requires three additional handicapped parking spaces;
however, only two new spaces are indicated. A condition of approval will require a third
handicapped space to be provided, for a total of six spaces. One of these spaces must
be van accessible.

The proposed classroom building exterior will consist of variations in texture, color and
materials, featuring a colored CMU base and corrugated metal paneling. The roofline
would be flat but the parapet would vary in height.

Federal Aviation Regulations (Title 14, Part 77) require that the Federal Aviation
Administration (FAA) be notified before the construction or alteration of any building or
structure greater than 200 feet in height [77.13(a)(1)] or that will exceed a slope of
100:1 for a distance of 20,000 feet from the nearest point of any airport runway greater
than 3,200 feet in length [77.13(a)(2)(i)]. Such notification allows the FAA to determine
what impact, if any, the proposed development will have upon navigable airspace, and
allows the FAA to determine whether the development requires obstruction marking or
lighting. The proposed development will exceed the 100:1 notice requirement for the
North Las Vegas Airport (VGT). Therefore, as required by 14 CFR Part 77, the FAA
must be notified of the proposed construction or alteration. A condition of approval
addresses this issue.

The Las Vegas Valley Water District (LVVWD) provided the following comment
regarding this site:

This parcel is currently served by LVVWD for both fire and domestic. Site civil and
plumbing plans will need to be submitted to LVVWD for domestic meter sizing and fire
flow verification. It should be noted that this site currently exists as four independent
legal parcels. To comply with LVVWD Service Rules, parcel lot consolidation will be
required to serve the new proposed building from the services on the adjacent parcels.

The proposed classroom and parking lot additions to the existing primary school are
compatible with the existing school facilities and development on neighboring
properties. In addition, the expansion conforms to the policies and objectives of the
School Facilities Element of the Las Vegas 2020 Master Plan. Staff therefore
recommends approval.

SS
VAR-71265 and SDR-71266 [PRJ-71061]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

FINDINGS (VAR-71265)

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

The strict application of the additional standards required by the C-V (Civic) zoning
district would prevent the reasonable expansion of an existing school site on property
reserved for such expansion. The adjacent residential uses are 100 feet away from the
new building and the perimeter of the site adjacent to proposed development will be
adequately buffered from adjacent residential uses. Therefore, relief to these standards
would not have a substantial detriment to the public good and would not substantially
impair the intent and purpose of any ordinance or resolution.

FINDINGS (SDR-71266)

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

1. The proposed development is compatible with adjacent development and


development in the area;

The existing public school is intentionally located within a residential


neighborhood. The proposed expansion of the school is appropriate. Wherever
the proposal does not conform to the C-V zoning district requirements, the
alternative design will minimize the impact to adjacent properties.

SS
VAR-71265 and SDR-71266 [PRJ-71061]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

2. The proposed development is consistent with the General Plan, this Title,
and other duly-adopted city plans, policies and standards;

The proposed development does not meet the required height, perimeter
landscape buffer width or parking lot landscaping requirements of the C-V zoning
district. However, measures have been taken to mitigate any negative effects to
adjacent properties. The School Facilities Element of the Las Vegas 2020 Master
Plan includes policies and objectives highlighting cooperation with Clark County
School District in meeting the needs of the citys expanding population. This
includes providing equal educational opportunities in established neighborhoods,
which is satisfied by this proposal.

3. Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;

A new access to the site will be provided from Mustang Street, a 60-foot right-of-
way; however, additional parking will be provided. Circulation around the site is
logical and will minimize conflicts. The primary access from Mustang Street and
Peak Drive will not be changed; however, it is estimated that approximately 189
additional vehicles overall during peak traffic periods would be introduced into the
area as a result of the proposed development. The adjacent streets of Torrey
Pines Drive, Peak Drive and Mustang Street are all believed to be under capacity
at this time.

4. Building and landscape materials are appropriate for the area and for the
City;

The proposed building will have a variegated concrete block base with storefront
glazing, with contrasting corrugated metal panels and block. The proposed
materials are appropriate for the area and the City.

5. Building elevations, design characteristics and other architectural and


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

The proposed building will have a variegated concrete block base with storefront
glazing, and rooflines that vary in height. The mass of the building will be broken
up with contrasting corrugated metal panels and CMU block providing varied wall
planes and visual interest. The proposed design will be harmonious and
compatible with development in the area.

SS
VAR-71265 and SDR-71266 [PRJ-71061]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

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

The proposed building will be subject to code compliance and enforcement to


assure that it is constructed in a manner that will not endanger the public health,
safety or general welfare.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The City Council approved a General Plan Amendment (GPA-0021-
97) from R (Rural Density Residential) to S (School) on 9.51 acres at
08/11/97
the northeast corner of Peak Drive and Torrey Pines Drive. The
Planning Commission and staff recommended approval.
The City Council approved a Rezoning (Z-051-97) from R-D (Single
Family Residential-Restricted), R-E (Residence Estates) and U
(Undeveloped) [R (Rural Density Residential) General Plan
08/11/97 Designation] to C-V (Civic) on 9.51 acres at the northeast corner of
Peak Drive and Torrey Pines Drive. The Planning Commission and
staff recommended approval. The request included a plot plan for a
proposed elementary school.

Most Recent Change of Ownership


08/04/95 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


1998 An elementary school was constructed at 6350 Peak Drive.
A building permit (#06002821) was issued for a sign at 6350 Peak
04/18/06
Drive. The permit expired on 12/09/06.

Pre-Application Meeting
Staff held a pre-application meeting with the applicant, outlining the
06/08/17 requirements and submittal checklist for a Variance and Site
Development Plan Review.

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

SS
VAR-71265 and SDR-71266 [PRJ-71061]
Staff Report Page Seven
September 12, 2017 - Planning Commission Meeting

Field Check
Staff completed a routine site visit, noting a well maintained public
08/03/17 school with portable classroom buildings on the northwest side of the
site.

Details of Application Request


Site Area
Net Acres 7.94
School Floor Area
Existing 66,145 sf
Proposed 36,400 sf
Total 102,545 sf

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Public or Private
PF (Public Facilities) C-V (Civic)
Property School, Primary
Church/House of
North PF (Public Facilities) C-V (Civic)
Worship
Single Family, L (Low Density R-1 (Single Family
South
Detached Residential) Residential)
RN (Rural R-E (Rural Estates
Neighborhood) Residential) Clark
Single Family,
East Clark County County
Detached
L (Low Density R-1 (Single Family
Residential) Residential)
Single Family, ML (Medium Low R-CL (Single Family
West
Detached Density Residential) Compact-Lot)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District (105 Feet) Y

SS
VAR-71265 and SDR-71266 [PRJ-71061]
Staff Report Page Eight
September 12, 2017 - Planning Commission Meeting

Other Plans or Special Requirements Compliance


Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification
N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Pursuant to the site development plans and Title 19.10.020, the following
standards apply:
Standard Required/Allowed Provided Compliance
Min. Lot Size N/A 347,173 SF N/A
Min. Lot Width N/A 582 Feet N/A
Min. Setbacks
(bldg. addition only)
Front as established 400 Feet Y
Corner (E) as established 24 Feet Y
Corner (W) as established 315 Feet Y
Rear as established 88 Feet Y
Max. Building Height 35 Feet 39 Feet N*
Screened, Gated, w/ a
Trash Enclosure Existing facilities Y
Roof or Trellis
Mech. Equipment Screened Parapet screened Y
*A Variance is requested for relief from Title 19.10.020.

Pursuant to Title 19.06 and 19.10, the following standards apply (these standards apply
only for the proposed development):
Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees
Buffer Trees:
North 1 Tree / 30 Linear Feet 10 Trees 11 Trees Y
East 1 Tree / 20 Linear Feet 4 Trees 4 Trees Y
TOTAL PERIMETER TREES 14 Trees 15 Trees Y
1 Tree / 6 Uncovered
Parking Area Spaces, plus 1 tree at the
0 Trees 8 Trees N*
Trees end of each row of
spaces

SS
VAR-71265 and SDR-71266 [PRJ-71061]
Staff Report Page Nine
September 12, 2017 - Planning Commission Meeting

Landscaping and Open Space Standards


Standards Required Provided Compliance
Ratio Trees
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North 8 Feet 5 Feet N*
East 15 Feet 20 Feet Y
*A Variance is requested for relief from Title 19.10.020.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Torrey Pines
Major Collector Streets and 80 Y
Drive
Highways Map
Master Plan of
Peak Drive Major Collector Streets and 80 Y
Highways Map

Pursuant to Title 19.12, the following parking standards apply:


Parking Requirement
Gross Floor Required Provided Compliance
Area or Parking Parking
Use Parking
Number of Handi- Handi-
Units Ratio Regular Regular
capped capped
Public or
Private
27
School, existing 74*
classrooms
Primary
(existing)
Public or
Private
3 spaces
School, 22
per 66
Primary classrooms
classroom
(proposed
addition)
TOTAL SPACES REQUIRED 140 142 Y
Regular and Handicap Spaces Required 134 6 137 5 N
*The site is parking impaired. Forty-one parking spaces were required at the time of original
approval and 74 spaces were provided. Pursuant to Title 19.18.030(D), only the increased
number of parking spaces due to expansion of the development (66) is required beyond what is
already provided.

SS
VAR-71265



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VAR-71265 and SDR-71266
VAR-71265 [PRJ-71061] - VARIANCE RELATED TO SDR-71266 - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
6350 PEAK DRIVE
08/03/2017
VAR-71265 [PRJ-71061] - VARIANCE RELATED TO SDR-71266 - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
6350 PEAK DRIVE
08/03/2017
VAR-71265 [PRJ-71061] - VARIANCE RELATED TO SDR-71266 - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
6350 PEAK DRIVE
08/03/2017

VAR-71265 and SDR-71266


Agenda Item No.: 18.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SDR-71266 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-71265 - PUBLIC
HEARING - APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES - For possible action
on a request for a Site Development Plan Review FOR A PROPOSED 36,400 SQUARE-FOOT
ADDITION TO AN EXISTING 66,145 SQUARE-FOOT PUBLIC OR PRIVATE SCHOOL,
PRIMARY on 7.94 acres at 6350 Peak Drive (APNs 138-14-601-021, 022, 027 and 028), C-V
(Civic) Zone, Ward 5 (Barlow) [PRJ-71061]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Support Comment Form
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
SDR-71266



SDR-71266


CITY OF LAS VEGAS
PLANNING COMMISSION AND CITY COUNCIL
RECOMMENDATIONS / COMMENTS

FROM: CLARK COUNTY DEPARTMENT OF AVIATION

APPLICATION NUMBERS: SDR-71266

PROJECT: SCHOOL EXPANSION

LOCATION: 138-14-601-021, 022, 027, 028

MEETING DATES: SEPTEMBER 12, 2017 PLANNING COMMISSION &


OCTOBER 18, 2017, CITY COUNCIL

COMMENTS:

Federal Aviation Regulations (Title 14, Part 77) require that the Federal Aviation Administration
(FAA) be notified before the construction or alteration of any building or structure greater than
200 feet in height ( 77.13(a)(1)) or that will exceed a slope of 100:1 for a distance of 20,000
feet from the nearest point of any airport runway greater than 3,200 feet in length ( 77.13
(a)(2)(i)). Such notification allows the FAA to determine what impact, if any, the proposed
development will have upon navigable airspace, and allows the FAA to determine whether the
development requires obstruction marking or lighting.

The proposed development will exceed the 100:1 notice requirement for the North Las Vegas
Airport (VGT). Therefore, as required by 14 CFR Part 77, the FAA must be notified of the
proposed construction or alteration. The CCDOA requests that the City of Las Vegas impose
the conditions listed below for the project:

Applicant is required to file a valid FAA Form 7460-1, "Notice of Proposed Construction
or Alteration" with the FAA, in accordance with 14 CFR Part 77, or submit to the Clark
County Director of Aviation a Property Owners Shielding Determination Statement
and request written concurrence from the Clark County Department of Aviation;
No Building Permit or other construction permit shall be issued for any structure greater
than 35 feet above the surface of land that, based upon the FAAs 7460 airspace
determination (the outcome of filing the FAA Form 7460-1), would (a) constitute a
hazard to air navigation, (b) would result in an increase to minimum flight altitudes
during any phase of flight (unless approved by the Department of Aviation), or (c) would
otherwise be determined to pose a significant adverse impact on airport or aircraft
operations.
Applicant is advised that FAAs airspace determinations are dependent on petitions by
any interested party and the height that will not present a hazard as determined by the
FAA may change based on these comments.
Applicant is advised that the FAAs airspace determinations include expiration dates and
that the separate airspace determinations will be needed for construction cranes or other
temporary equipment.
Agenda Item No.: 19.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-71131 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: NATIONWIDE
LOANS, LLC - OWNER: SAHARA RANCHO OFFICE CENTER, LLC - For possible action
on a request for a Special Use Permit FOR AN AUTO TITLE LOAN USE WITH A WAIVER
TO ALLOW A 54-FOOT DISTANCE SEPARATION FROM A PARCEL USED OR ZONED
FOR RESIDENTIAL USE WHERE 200 FEET IS REQUIRED at 2250 South Rancho Drive,
Suite #155 (APN 162-04-412-003), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ-
71021]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 3 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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 Postcards and Comment Form
SUP-71131 [PRJ-71021]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: NATIONWIDE LOANS, LLC - OWNER:
SAHARA RANCHO OFFICE CENTER, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71131 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 28

NOTICES MAILED 304

PROTESTS 3

APPROVALS 0

NE
SUP-71131 [PRJ-71021]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71131 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for an Auto
Title Loan 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 parcel used or zoned for residential use where 200 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.

NE
SUP-71131 [PRJ-71021]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request to add an Auto Title Loan use to an existing automobile financier at
2250 South Rancho Drive, Suite #155.

ISSUES

Title 19 requires a Special Use Permit for an Auto Title Loan use within the C-1
(Limited Commercial) zoning district.
A Waiver is required to allow a 54-foot distance separation from a parcel used or
zoned for residential use where 200 feet is required.

ANALYSIS

The subject site is an existing Financial Institution, General that offers secured
automobile loans. Licensed since 1996, the applicant is requesting a Special Use
Permit to allow the ability to offer loans secured by the title of a vehicle rather than the
vehicle itself.

The overall site is a 15.28-acre commercial site that includes offices (both business and
medical), restaurants, and an educational facility (nursing college). The site is designed
to accommodate a variety of land uses, including the proposed Auto Title Loan use.

Directly north of the subject site is an existing residential neighborhood. This has
resulted in the need for the applicant to request a Waiver to allow a 54-foot distance
separation where 200 feet is required. Since the subject site is separated from the
residential neighborhood by a solid screen wall with no direct access between the two
land uses, staff is supporting the Waiver request and recommending approval of the
requested Special Use Permit.

The Auto Title Loan use is defined as A business whose primary function is to lend
money on the security of the title to a motor vehicle rather than on the security of the
vehicle itself.

The Minimum Special Use Permit Requirements for this use include:

Requirement 1:
The use shall comply with all applicable requirements of LVMC Title 6.

NE
SUP-71131 [PRJ-71021]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

The proposed use meets this requirement as the use is subject to regular inspections to
ensure compliance.

Requirement 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 requirement as the subject suite is within an existing
building located in an established commercial center that is harmonious and compatible
with the surrounding area.

Requirement 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 meets this requirement as the subject site is subject to regular
inspections to ensure compliance.

Requirement 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 requirement as the subject site is subject to regular
inspections to ensure compliance.

Requirement 5:
The hours of operation shall not extend beyond the hours of 8:00 a.m. to 11:00 p.m.

The proposed use meets this requirement, as the subject site is subject to regular
inspections to ensure compliance.

Requirement 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).

NE
SUP-71131 [PRJ-71021]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

The proposed use meets this requirement as the existing Financial Institution, General
facility located within Suite #155 is 4,308 square feet.

Requirement 7:
No auto title loan use may be located closer than 200 feet from any parcel used or
zoned for residential use. In addition, no auto title loan use may be located closer than
1000 feet from any other auto title loan use, auto pawn use or specified financial
institution 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.

The proposed use does not meet this requirement, as there is an existing residential
neighborhood located 54 feet north of the subject site. The applicant has requested a
Waiver of this requirement. Since the subject site is part of a 15.28-acre commercial
center that includes medical offices, restaurants, and a college with no direct access to
the residential neighborhood, staff supports this request.

FINDINGS (SUP-71131)

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

1. The proposed land use can be conducted in a manner that is harmonious


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

The proposed land use will be located within a commercial center that includes
offices, restaurants, and an educational facility with no direct access to the
residential neighborhood and can be conducted in a manner that is harmonious
and compatible with the existing surrounding land uses.

2. The subject site is physically suitable for the type and intensity of land use
proposed.

The subject site is 15.28 acres and is designed to accommodate a variety of land
uses including an Auto Title Loan use. Staff finds the subject site to be physically
suited for the type and intensity of the proposed 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.

NE
SUP-71131 [PRJ-71021]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

The subject site is accessed by Rancho Drive, an 80-foot Collector Street as


defined by the Master Plan of Streets and Highways and is adequate in size to
meet the requirements of the proposed use.

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

Approval of this request will not compromise public health, safety, and welfare as
the proposed use is subject to regular licensing inspections to ensure compliance
with both Title 6 and Title 19.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed use was not able to meet the Special Use Permit requirement,
which states, No auto title loan use may be located closer than 200 feet from any
parcel used or zoned for residential use. The proposed use is approximately 54
feet south of an existing residential neighborhood. The applicant has requested a
Waiver to allow this 54-foot distance separation. Staff supports this request, as the
land uses are separated by a solid screen wall with no direct access between the
residential neighborhood and the proposed Auto Title Loan use.

BACKGROUND INFORMATION

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


The City Council approved a Reclassification of Property (Z-0030-73)
from R-1 (Single Family Residence) and R-3 (Limited Multiple
04/25/73 Residence) to C-1 (Limited Commercial) and P-R (Professional Offices
and Parking) on property located on the east side of Rancho Road,
between West Sahara Avenue and Glen Heather Way.
The Board of City Commissioners approved a Site Development Plan
Review (Z 0053-64) to allow a two-story professional office building on
04/18/79
property located at 2300 Ranch Drive. Planning Commission and staff
both recommended approval.
The Planning Commission approved a Site Development Plan Review
[Z-0053-64(9)] and [Z-0030-73(2)] to allow a 70,000 square foot office
04/11/02 building on property located adjacent to the east side of Rancho Drive,
approximately 850 feet north of Sahara Avenue. Staff recommended
approval.

NE
SUP-71131 [PRJ-71021]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

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


The Planning Commission approved a Tentative Map (TMP-4389) for
a one-lot commercial subdivision on 15.28 acres adjacent to the
06/24/04
northeast corner of Sahara Avenue and Rancho Drive. Staff
recommended approval.
Staff administratively approved a Final Map (FMP-4966) for a one-lot
commercial subdivision on 15.28 acres adjacent to the northeast
09/02/04
corner of Sahara Avenue and Rancho Drive. The final map recorded
on 01/20/05.
The City Council approved General Plan Amendment (GPA-43991) to
establish Redevelopment Area #2 and change future land use
04/18/12
designation on various parcels within the Redevelopment Area #2 to C
(Commercial) or MXU (Mixed Use) which includes the subject site.
The City Council approved a request for a Site Development Plan
Review (SDR-59931) to allow two proposed commercial buildings
10/07/15 totaling 18,611 square feet on 12.61 acres at the northeast corner of
Rancho Drive and Sahara Avenue. The Planning Commission and
staff recommended approval.
Staff administratively approved a request for a Minor Amendment of an
approved Site Development Plan Review (SDR-59931) to reduce an
03/30/16 approved building by 1,600 square feet from 14,000 square feet to
12,400 square feet on 1.64 acres at the northeast corner of Rancho
Drive and Sahara Avenue.
The Planning Commission approved a request for a Petition to Vacate
05/10/16 a 20-foot wide public sewer easement at the northeast corner of
Sahara Avenue and Rancho Drive. Staff recommended approval.

Most Recent Change of Ownership


05/16/06 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A business license (F02-00323) was issued for a consumer finance
11/14/96 company at 2250 South Rancho Drive, Suite #155. The license is
active as of August 22, 2017.
A building permit (C-175235) was issued for a tenant improvement at
11/23/10 2250 South Rancho Drive, Suite #155. The permit received its final
inspection on 01/05/11.

NE
SUP-71131 [PRJ-71021]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

Pre-Application Meeting
Staff conducted a pre-application meeting with the applicant and
06/15/17 discussed the submittal requirements for a Special Use Permit to add
the Auto Title Loan use to the existing Financial Institution, General.

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

Field Check
Staff observed the subject site during a routine field check. The office
0803/17 buildings were well maintained with no graffiti on the buildings, or trash
and debris in the parking lot.

Details of Application Request


Site Area
Net Acres 15.28

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Office, Other Than
Listed
College,
University, or
Subject Seminary C-1 (Limited
C (Commercial)
Property Office, Medical or Commercial)
Dental
Restaurants
Clinic
Single Family, L (Low Density R-1 (Single Family
North
Detached Residential) Residential)
Right-of-Way
(Interstate 15)
South Right-of-Way Right-of-Way
Right-of-Way
(Sahara Avenue)

NE
SUP-71131 [PRJ-71021]
Staff Report Page Seven
September 12, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Right-of-Way
East Right-of-Way Right-of-Way
(Interstate 15)
Office, Other Than
Listed C-1 (Limited
C (Commercial)
Financial Commercial)
West
Institution, General
Single Family, L (Low Density R-1 (Single Family
Detached Residential) Residential)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District 175 Feet Y
Other Plans or Special Requirements Compliance
Trails Pedestrian Path/Sidewalk Trail Y
Las Vegas Redevelopment Plan Area 2 Y
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Rancho Drive Collector Streets and 80 Y
Highways
Interstate 15 Freeway Title 13 440 Y
Master Plan of
Sahara Avenue Primary Arterial Streets and 165 Y
Highways

NE
SUP-71131 [PRJ-71021]
Staff Report Page Eight
September 12, 2017 - Planning Commission Meeting

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Floor Required Provided Compliance
Area or Parking Parking
Use Parking
Number of Handi- Handi-
Ratio Regular Regular
Units capped capped
Existing
Office, 1/300
140,600 SF 469
Other Than SF
Listed
Proposed
Office, 1/300
12,400 SF 42
Other Than SF
Listed
Restaurant
Seating 1,864 SF 1/50 SF 38
Area
Restaurant
Non- 1/200
2,747 SF 14
Seating SF
Area
TOTAL SPACES REQUIRED 563 600 Y
Regular and Handicap Spaces Y
551 12 568 32
Required
Loading Spaces 2 Y

Waivers
Requirement Request Staff Recommendation
No auto title loan use may be
To be located 54 feet from
located closer than 200 feet from
any parcel used or zoned for Approval
any parcel used or zoned for
residential use.
residential use.

NE
SUP-71131



SUP-71131



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SUP-71131

SUP-71131 - REVISED
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SUP-71131
SUP-71131 [PRJ-71021] - SPECIAL USE PERMIT - APPLICANT: NATIONWIDE LOANS, LLC - OWNER: SAHARA
RANCHO OFFICE CENTER, LLC
2250 SOUTH RANCHO DRIVE, SUITE #155
08/03/2017
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SUP-71131 - REVISED
Agenda Item No.: 20.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-71318 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: GOLDEN
MARKET - OWNER: 2425 ARVILLE, LLC - For possible action on a request for a Special Use
Permit FOR A PROPOSED 3,126 SQUARE-FOOT BEER/WINE/COOLER OFF-SALE
ESTABLISHMENT USE WITH A WAIVER TO ALLOW A 370-FOOT DISTANCE
SEPARATION FROM A CHURCH/HOUSE OF WORSHIP WHERE 400 FEET IS
REQUIRED at 2520 Arville Street (APN 162-07-101-014), C-1 (Limited Commercial) Zone,
Ward 1 (Tarkanian) [PRJ-71152]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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-71318 [PRJ-71152]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: GOLDEN MARKET - OWNER: 2425 ARVILLE,
LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71318 Staff recommends APPROVAL, subject to conditions: N/A

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 23

NOTICES MAILED 944

PROTESTS 0

APPROVALS 1

RG
SUP-71318 [PRJ-71152]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71318 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a


Beer/Wine/Cooler 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. 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.

RG
SUP-71318 [PRJ-71152]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to operate a Beer/Wine/Cooler Off-Sale Establishment use


within an existing commercial building located at 2520 Arville Street.

ISSUES

A Beer/Wine/Cooler Off-Sale Establishment use is permitted in the C-1 (Limited


Commercial) zoning district with the approval of a Special Use Permit. Staff
supports this application.
A Waiver from Title 19.12 is required to allow a 370-foot distance separation from a
Church/House of Worship where 400 feet is required. Staff supports this waiver
request.
The existing building which is occupied by the Liquor Establishment (Tavern) use,
will converted into a convenience store with Beer/Wine/Cooler Off-Sale use.

ANALYSIS

The subject property contains 3,126 square-foot building occupied by an existing Liquor
Establishment (Tavern) use. The building is proposed to be converted into a
convenience store. The subject property is located in the C-1 (Limited Commercial)
zoning district and the proposed use is subject to Title 19.12 requirements.

A Beer/Wine/Cooler Off-Sale Establishment use is permitted in the C-1 (Limited


Commercial) zoning district with the approval of a Special Use Permit. Additionally, the
following analysis is required:

The Beer/Wine/Cooler Off-Sale Establishment use is defined as, An establishment


whose license to sell alcoholic beverages is limited to the sale of beer, wine and coolers
to consumers only and not for resale, in original sealed or corked containers, for
consumption off the premises where business is conducted, and is operated in
connection with a grocery store, drugstore, convenience store, restaurant or general
retail store. Per the applicants justification letter, the existing tavern will be converted
into a retail convenience store with Beer/Wine/Cooler Off-Sale use.

The Minimum Special Use Permit Requirements for this use include:

RG
SUP-71318 [PRJ-71152]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

*1. Except as otherwise provided, no beer/wine/cooler off-sale establishment


(hereinafter establishment) shall be located within 400 feet of any
church/house of worship, school, individual care center licensed for more than
12 children, or City park.

The proposed use does not meet this requirement due to a 370-foot distance
separation from a Church/House of Worship use, a waiver request is part of this
application for a Special Use Permit. However, staff finds there is adequate
buffer between the uses and recommends approval.

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


in Requirement 1 shall be determined with reference to the shortest distance
between two property lines, one being the property line of the proposed
establishment which is closest to the existing use to which the measurement
pertains, and the other being the property line of that existing use which is
closest to the proposed establishment. The distance shall be measured in a
straight line without regard to intervening obstacles. For purposes of
measurement, the term property line refers to property lines of fee interest
parcels and does not include the property line of:

a. Any leasehold parcel; or


b. Any parcel which lacks access to a public street or has no area for on-site
parking and which has been created so as to avoid the distance limitation
described in Requirement 1.

The proposed use does not meet this requirement due to a 370-foot distance
separation from a Church/House of Worship use, a waiver request is part of this
application for a Special Use Permit. However, staff finds there is adequate
buffer between the uses and recommends approval.

*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.

RG
SUP-71318 [PRJ-71152]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

The requirement is not applicable because the parcel is less than 80 acres in
size.

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

The proposed Beer/Wine/Cooler Off-Sale Establishment use would be located


in a building that is currently a Liquor Establishment (Tavern) use. The tavern
will be converted to a convenience store, and the proposed Beer/Wine/Cooler
Off-Sale Establishment use is lntense. The Church/House of Worship use is
located on Sahara Avenue, a 100-foot right-of-way and the proposed use is
located at 2520 Arville Street; therefore, there is no direct access between the
uses.

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

a. An establishment which has a nonrestricted gaming license in connection


with a hotel having 200 or more guest rooms on or before July 1, 1992 or in
connection with a resort hotel having in excess of 200 guest rooms after July 1,
1992; or

b. A proposed establishment having more than 50,000 square feet of retail floor
space.

This requirement does not apply.

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

The proposed use if licensed will be subject to compliance review for


inspections.

7. The minimum distance requirements set forth in Requirement 1, which are


otherwise nonwaivable under the provisions of LVMC 19.12.050(C), may be
waived:

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


establishment which is proposed to be located on a parcel within the Downtown
Casino Overlay District;

RG
SUP-71318 [PRJ-71152]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

b. In accordance with the applicable provisions of the Town Center


Development Standards Manual for any establishment which is proposed to be
located within the T-C (Town Center) Zoning District and which is designated
MS- TC (Main Street Mixed Use) in the Town Center Land Use Plan;

c. In connection with a proposed establishment having between 20,000 square


feet and 50,000 square feet of retail floor space, if no more than 10 percent of
the retail floor space is regularly devoted to the display or merchandising of
alcoholic beverages; or

d. In connection with a retail establishment having less than 20,000 square feet
of retail floor space, if the area to be used for the sale, display or merchandising
of alcoholic beverages and each use to be protected are separated by a
highway or a right of way with a width of at least 100 feet.

The proposed use meets subsection (c) of this requirement as the proposed
convenience store space contains 3,126 square feet and no more than 10
percent of the retail floor space would be devoted to the display or
merchandising of alcoholic beverages. Staff finds there is adequate justification
for the waiver request of the distance separation.

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


the Pedestrian Mall, as defined in LVMC Chapter 11.68.

This requirement does not apply as the site location is not adjacent to the
Pedestrian Mall.

The proposed Beer/Wine/Cooler Off-Sale Establishment use will be located within an


established commercial building which proposed to be converted into a convenience
store. The proposed use is less intense than the existing use and can be conducted in
a manner that is harmonious and compatible with existing surrounding land uses and
future surrounding land uses. There is a protected use (Church/House of Worship)
located within 400 feet of the subject property; however, there is adequate buffer
between the uses. Staff recommends approval of this request with conditions. If this
application is denied the proposed convenience store cannot sell beer and wine at this
location.

FINDINGS (SUP-71318)

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:

RG
SUP-71318 [PRJ-71152]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

1. The proposed land use can be conducted in a manner that is harmonious


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

The proposed Beer/Wine/Cooler Off-Sale Establishment use can be conducted in


a manner that is harmonious and compatible with existing surrounding land uses,
and with future surrounding land uses as project by the General Plan. The
proposed use will be conducted in connection to a proposed convenience store.

2. The subject site is physically suitable for the type and intensity of land use
proposed.

The subject site is physically suitable for the type and intensity of the proposed
convenience store.

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.

Arville Street is an existing 60-foot local street as defined by Title 13 and will be
adequate in size to meet the requirements of the proposed use.

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

Approval of the 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 to licensing restrictions.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Beer/Wine/Cooler Off-Sale Establishment use complies with all


applicable conditions per Title 19.12.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The City Council approved a request for a General Plan Amendment
(GPA-43991) to establish Redevelopment Area 2 and change the
Future Land Use Designation on various parcels within the
04/18/12
Redevelopment Area to commercial or mixed use. The Planning
Commission and staff recommended approval. The subject site was
designated with Mixed Use General Plan Land Use Designation.

RG
SUP-71318 [PRJ-71152]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

Related Relevant City Actions by Planning, Fire, Bldg., etc.


A Code Enforcement case (#181574) was initiated as a result of the
08/10/17 staffs site visit observed a boat and a car for sale at 2520 Arville
Street. The case was resolved on 08/24/17.

Most Recent Change of Ownership


06/29/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A business license (L16-00129) was issued for a tavern at 2520 Arville
Street. The license was marked out of business on 10/01/16.
01/01/51 A business license (G01-00658) was issued for a restricted gaming at
2520 Arville Street. The license was marked out of business on
10/01/16.
1969 The existing building located at 2520 Arville Street was constructed.
A business license (G62-09938) was issued for general retail sales at
12/17/14 2520 Arville Street. The license was marked out of business on
06/01/16.
A business license (L64-00111) was issued for tavern at 2520 Arville
Street. The license is currently active.
08/03/16
A business license (X64-00040) was issued for non-restricted gaming
at 2520 Arville Street. The license is currently active.

Pre-Application Meeting
Staff held a pre-application meeting with the applicant to discuss the
07/10/17
requirements and submittal checklist for a Special Use Permit.

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

Field Check
Staff completed a routine site visit, noting that a used car and boat was
08/03/17
on display on the parking lot.

RG
SUP-71318 [PRJ-71152]
Staff Report Page Seven
September 12, 2017 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres 0.26

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Liquor
Subject C-1 (Limited
Establishment MXU (Mixed Use)
Property Commercial)
(Tavern)
C-1 (Limited
North Restaurant MXU (Mixed Use)
Commercial)
C-1 (Limited
South Restaurant MXU (Mixed Use)
Commercial)
Single Family, L (Low Density R-1 (Single Family
East
Detached Residential) Residential)
C-1 (Limited
West Parking Lot MXU (Mixed Use)
Commercial)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
No Applicable Special Area or Overlay Districts N/A
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Y
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Arville Street Local Street Title 13 60 Y

RG
SUP-71318 [PRJ-71152]
Staff Report Page Eight
September 12, 2017 - Planning Commission Meeting

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
Handi- Handi-
Number Ratio Regular Regular
capped capped
of Units
1 SP/50 SF
of Public
Liquor -43
Seating
Establish
3,126 SF 1 SP/200
ment
SF
(Tavern) -4
remaining
area
General
Retail 3,126 SF 1/175 SF +18
Store
TOTAL SPACES REQUIRED 18 24 Y
Regular and Handicap Spaces Y
17 1 23 1
Required

Waivers
Requirement Request Staff Recommendation
To allow a 370-foot
A 400-foot minimum distance
distance separation
separation is required from a Approval
from a Church/House
Church/House of Worship.
of Worship.

RG
SUP-71318



SUP-71318

SUP-71318 - REVISED

SUP-71318

SUP-71318

SUP-71318
SUP-71318


SUP-71318 [PRJ-71152] - SPECIAL USE PERMIT - APPLICANT: GOLDEN MARKET - OWNER: 2425 ARVILLE, LLC
2520 ARVILLE STREET
08/03/2017
SUP-71318 [PRJ-71152] - SPECIAL USE PERMIT - APPLICANT: GOLDEN MARKET - OWNER: 2425 ARVILLE, LLC
2520 ARVILLE STREET
08/03/2017

SUP-71318 - REVISED
Agenda Item No.: 21.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-71319 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: ICHI RAMEN
HOUSE - OWNER: KRG LAS VEGAS CENTENNIAL CENTER, LLC - For possible action on
a request for a Special Use Permit FOR A PROPOSED 1,106 SQUARE-FOOT
BEER/WINE/COOLER ON-SALE ESTABLISHMENT USE at 7920 West Tropical Parkway,
Suite #170 (APN 125-28-610-004), T-C (Town Center) Zone [GC-TC (General Commercial -
Town Center) Land Use Designation], Ward 2 (Seroka) [PRJ-71207]. Staff recommends
APPROVAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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-71319 [PRJ-71207]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: ICHI RAMEN HOUSE - OWNER: KRG LAS
VEGAS CENTENNIAL CENTER, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL

SUP-71319 Staff recommends APPROVAL, subject to conditions: N/A

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 29

NOTICES MAILED 383

PROTESTS 0

APPROVALS 0

PB
SUP-71319 [PRJ-71207]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71319 CONDITIONS

Planning

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

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

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

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

5. This business shall operate in conformance to Chapter 6.50 of the City of Las
Vegas Municipal Code.

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

PB
SUP-71319 [PRJ-71207]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to offer beer and wine served in conjunction with meals at a
proposed restaurant at 7920 West Tropical Parkway Suite #170

ISSUES

A Beer/Wine/Cooler On-Sale Establishment Use is permitted in the T-C (Town


Center) Zone [GC-TC (General Commercial - Town Center) Land Use Designation]
with the approval of a Special Use Permit.

ANALYSIS

The subject site is a suite (Suite# 170) within an existing building addressed as 7920
West Tropical Parkway. The applicant is proposing to operate a restaurant within that
suite and would like to offer beer and wine served in conjunction with meals. The site is
zoned TC (Town Center) and has a GC-TC (General Commercial Town Center) Land
Use Designation.

The site is located in Town Center and development must conform to the requirements
of the Town Center Development Standards Manual. A Beer/Wine/Cooler On-Sale
Establishment is permitted in the GC-TC (General Commercial Town Center) Land
Use Designation with the approval of a Special Use Permit. The Town Center
Development Standards Manual requires that a Beer/Wine/Cooler On Sale
Establishment comply with the minimum conditions, standards and requirements
applicable to the use Beer/Wine/Cooler/On-Sale Establishment as that use is
permitted by means of a Special Use Permit under LVMC Chapter 19.12.

A Beer/Wine/Cooler On-Sale Establishment Use is permitted as a conditional use by


LVMC Chapter 19.12. The proposed use would not meet the Conditional Use
Regulations requiring it to be 400 feet from any church/house of worship, school,
individual care center licensed for more than 12 children, or City park; therefore, per
LVMC Chapter 19.12.140 a Special Use Permit is required.

The Beer/Wine/Cooler On-Sale Establishment use is defined 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 as the applicants justification letter, date stamped 07/31/17, states
they would like to offer beer and wine to clients while they dine at the establishment.

PB
SUP-71319 [PRJ-71207]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

There are no Minimum Special Use Permit Requirements for this use.

The subject site is located in a well-established commercial shopping center that


includes several restaurants that offer alcoholic beverage service that is equal to or
exceeds the Beer/Wine/Cooler On-Sale Establishment use the applicant is proposing.
As such, staff recommends approval subject to conditions.

FINDINGS (SUP-71319)

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/Cool On-Sale Establishment use can be conducted in a


manner that is harmonious and compatible with the existing shopping center in
which it would be located.

2. The subject site is physically suitable for the type and intensity of land use
proposed.

The subject site is developed with an existing commercial shopping center that
has several similar and more intense uses within existing restaurants.

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.

Tropical Parkway is a 90-foot wide Town Center Frontage Road, which provides
adequate access to the subject 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 use will be subject to


business license and review to assure it will not compromise the public health,
safety and welfare.

5. The use meets all of the applicable conditions per Title 19.12.

PB
SUP-71319 [PRJ-71207]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

There ae no minimum requirements associated with a Beer/Wine/Cooler On-Sale


Establishment Use in Title 19.

BACKGROUND INFORMATION

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


The City Council approved a request for Rezoning (Z-0076-98) on the
12/07/98
subject property to T-C (Town Center) as part of a larger site.
The City Council approved a Site Development Plan Review [Z-0076-
98(1)] for a proposed retail development totaling approximately
02/08/99
827,000 square feet and seven proposed automobile dealerships. This
approval included the adoption of the Centennial Centre plan.
The Planning Commission approved a Tentative Map (TM-0018-00) on
05/25/00
this site as part of a larger request. Staff recommended approval.
The Planning Commission approve a Final Map (FM-0035-00) on this
05/25/00
site as part of a larger request. Staff recommended approval.
Staff administratively approved a Site Development Plan Review
06/08/17 (SDR-69318) for exterior faade improvements and landscape
modifications for 7920 and 7930 West Tropical Parkway.

Most Recent Change of Ownership


02/25/13 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A Building Permit (#1016994) was issued for Centennial Centre
12/20/01 Building Number 8, which was addressed as 7920 West Tropical
Parkway. Construction was completed 02/28/02.
A Building Permit (#338034) was issued for exterior improvements
05/10/17 and landscaping for 7920 and 7930 West Tropical Parkway. The
permit is still open.
A Business License (#G65-05760) for a restaurant and (#P65-00212)
08/02/17 for beer/wine/cooler on-sale was requested by the applicant. The
license has not been approved or issued.
A Building Permit (#342680) for an interior tenant improvement was
08/01/17 issued for 7920 West Tropical Parkway Suite #170 for Ichiran Ramen.
The permit is still open.

PB
SUP-71319 [PRJ-71207]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

Pre-Application Meeting
Staff held a pre-application meeting with the applicant to discuss the
07/20/17
requirements and submittal checklist for a Special Use Permit.

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

Field Check
Staff completed a routine site visit, noting a well maintained
08/03/17
commercial shopping center.

Details of Application Request


Site Area
Net Acres 18.86

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
GC-TC (General
Subject Commercial
Commercial Town TC (Town Center)
Property Shopping Center
Center)
Auto Dealership / GC-TC (General TC (Town Center)
North Undeveloped Commercial Town
Center)
Commercial GC-TC (General TC (Town Center)
South Shopping Center Commercial Town
Center)
Commercial GC-TC (General TC (Town Center)
East Shopping Center Commercial Town
Center)
Commercial GC-TC (General TC (Town Center)
West Shopping Center Commercial Town
Center)

PB
SUP-71319 [PRJ-71207]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
T-C (Town Center) District Y
Other Plans or Special Requirements Compliance
Trails Y
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Town Center
Centennial Town Center
Development 90 Y
Parkway Loop
Standards Manual
Town Center
Tropical Town Center
Development 90 Y
Parkway Frontage Road
Standards Manual

PB
SUP-71319



SUP-71319

SUP-71319

SUP-71319

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SUP-71319

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SUP-71319


SUP-71319


SUP-71319 [PRJ-71207] - SPECIAL USE PERMIT - APPLICANT: ICHI RAMEN HOUSE - OWNER: KRG LAS VEGAS
CENTENNIAL CENTER, LLC
7920 WEST TROPICAL PARKWAY, SUITE #170
08/03/2017
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SUP-71319
Agenda Item No.: 22.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAC-71199 - VACATION - PUBLIC HEARING - APPLICANT: LAURICH PROPERTIES,
INC. - OWNER: DEER SPRINGS VILLAGE, LLC - For possible action on a request for a
Petition to Vacate U.S. Government Patent Easements generally located north of Clark County
215 and 388 feet east of Hualapai Way, Ward 6 (Fiore) [PRJ-70667]. Staff recommends
APPROVAL.

FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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-71199 [PRJ-70667]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: LAURICH PROPERTIES, INC. - OWNER: DEER
SPRINGS VILLAGE, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAC-71199 Staff recommends APPROVAL, subject to conditions: N/A

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 30

NOTICES MAILED 6

PROTESTS 0

APPROVALS 0

RG
VAC-71199 [PRJ-70667]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

VAC-71199 CONDITIONS

1. The limits of this Petition of Vacation shall be the triangular U.S. Government
Patent Easements located north of the CC 215 beltway, east of Hualapai Way, on
Assessor Parcel Number 125-19-301-010.

2. 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.

3. The Order of Relinquishment of Interest shall not be recorded until all of the
conditions of approval have been met provided, however, the conditions requiring
modification of public improvements may be fulfilled for purposes of recordation by
providing sufficient security for the performance thereof in accordance with the
Subdivision Ordinance of the City of Las Vegas. City Staff is empowered to modify
this application if necessary because of technical concerns or because of other
related review actions as long as current City right-of-way requirements are still
complied with and the intent of the vacation application is not changed. If
applicable, a five foot wide easement for public streetlight and fire hydrant
purposes shall be retained on all vacation actions abutting public street corridors
that will remain dedicated and available for public use. Also, if applicable and
where needed, public easement corridors and sight visibility or other easements
that would/should cross any right-of-way being vacated must be retained.

4. All development shall be in conformance with code requirements and design


standards of all City Departments.

5. If the Order of Relinquishment of Interest if a Patent Reservation is not recorded


within one (1) year after approval by the City of Las Vegas or an Extension of Time
is not granted by the Planning Director, then approval will terminate and a new
petition must be submitted.

RG
VAC-71199 [PRJ-70667]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a petition to vacate the U.S. Government Patent Easement generally located
north of Clark County 215 and 388 feet east of Hualapai Way.

ANALYSIS

The applicant requests that the City of Las Vegas relinquish its interest in the U.S.
Government Patent Easement generally located north of Clark County 215 and east of
Hualapai Way. This Vacation request should be sent to all the utilities; however, as no
right-of-way is proposed to be vacated and no franchise rights are involved, it is not
necessary to send this request to the utility companies and franchise holders, nor wait
for their responses. Since only City interests are involved, any utility company interests
will need to be addressed with each respective utility company and will not be affected
by the City relinquishing its interest.

FINDINGS (VAC-71199)

Staff has no objection to the vacation of the U.S. Government Patent Easement, as this
site will be part of the proposed future development; therefore, staff recommends
approval with conditions.

BACKGROUND INFORMATION

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


The City Council approved a Petition to Annex (ANX-12215) 207.83
acres generally located north of Centennial Parkway between
02/07/07 Shaumber Road and Fort Apache Road. The Planning Commission
and staff recommended approval. The annexation became effective
02/16/07.
The City Council approved a General Plan Amendment (GPA-20465)
from R (Rural Density Residential) to PCD (Planned Community
06/06/07 Development) on 23.30 acres south of Deer Springs Way, east of
Hualapai Way. The Planning Commission and staff recommended
denial.

RG
VAC-71199 [PRJ-70667]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

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


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 Hualapai Way, which included the
Providence Square Master Development Plan and Design Standards.
The Planning Commission recommended approval; staff
recommended denial.
The City Council approved a Petition to Vacate (VAC-25759) U.S.
Government Patent Easements generally located east of Hualapai
Way, south of Deer Springs Way. The Planning Commission and staff
recommended approval. The approval expired 04/16/11.
The City Council approved a Site Development Plan Review (SDR-
25760) for a proposed 205,000 square-foot commercial development
on 23.62 acres at the southeast corner of Deer Springs Way and
Hualapai Way. The Planning Commission recommended approval;
staff recommended denial. The approval expired 04/16/12.
The City Council approved a Petition to Vacate (VAC-28087) U.S.
Government Patent Easements east of Hualapai Way, south of Deer
Springs Way. The Planning Commission and staff recommended
approval. The approval expired 08/07/11.
The City Council approved a General Plan Amendment (GPA-49489)
from PCD (Planned Community Development) to ML (Medium Low
Density Residential) on 7.97 acres on the south side of Deer Springs
08/06/08
Way, approximately 960 feet east of Hualapai Way. The Planning
Commission recommended approval; staff recommended denial.
The City Council approved a Rezoning (ZON-49494) from PD
(Planned Development) to R-CL (Single Family Compact-Lot) on 7.97
acres on the south side of Deer Springs Way, approximately 960 feet
east of Hualapai Way. The Planning Commission recommended
approval; staff recommended denial.
The City Council approved a General Plan Amendment (GPA-57033)
from PCD (Planned Community Development) to ML (Medium Low
03/18/15 Density Residential) on 10.42 acres on the south side of Deer Springs
Way, approximately 285 feet east of Hualapai Way. Planning
Commission and staff recommended approval.
The City Council approved a Rezoning request from PD (Planned
Development) to R-CL (Single Family Compact-Lot) on 10.42 acres on
05/20/15 the south side of Deer Springs Way, approximately 285 feet east of
Hualapai Way. The Planning Commission and staff recommended
approval.

RG
VAC-71199 [PRJ-70667]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

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


The Planning Commission voted to withdraw without prejudice a
Tentative Map (TMP-58507) for a 58-lot single family residential
07/14/15 subdivision on 10.42 acres on the south side of Deer Springs Way,
approximately 285 feet east of Hualapai Way at the applicants
request. Staff had recommended approval.
The Planning Commission approved a Petition to Vacate (VAC-60834)
U.S. Government Patent Easements generally located south of Deer
10/13/15
Springs Way, east of Hualapai Way. An Order of Relinquishment of
Interest was recorded 05/03/16.
The City Council approved a General Plan Amendment (GPA-60635)
from ML (Medium Low Density Residential) to SC (Service
Commercial) [amended from the original request of GC (General
Commercial)] on 10.42 acres on the south side of Deer Springs Way,
approximately 285 feet east of Hualapai Way. The Planning
Commission recommended approval of the SC designation; staff
11/18/15 recommended denial.
The City Council approved a Rezoning (ZON-60636) from R-CL
(Single Family Compact-Lot) to C-1 (Service Commercial) [amended
from the original request of C-2 (General Commercial)] on 10.42 acres
on the south side of Deer Springs Way, approximately 285 feet east of
Hualapai Way. The Planning Commission recommended approval of
the C-1 designation; staff recommended denial.
The City Council approved a request for a General Plan Amendment
(GPA-64811) from PCD (Planned Community Development) to SC
(Service Commercial) on 4.27 acres at the southeast corner of Deer
Springs Way and Hualapai Way. The Planning Commission and staff
recommended approval.
The City Council approved a request for a Rezoning (ZON-64812)
09/07/16 from PD (Planned Development) to C-1 (Limited Commercial) on 4.27
acres at the southeast corner of Deer Springs Way and Hualapai Way.
The Planning Commission and staff recommended approval.
The City Council approved a request for a Tentative Map (TMP-64814)
for a two-lot commercial subdivision on 14.27 acres at the southeast
corner of Deer Springs Way and Hualapai Way. The Planning
Commission and staff recommended approval.
The City Council approved a request for a Rezoning (ZON-67938)
from: R-E (Residence Estates) to: C-1 (Limited Commercial) on 0.36
02/05/17
acres at the southeast corner of Deer Springs Way and Hualapai Way.
The Planning Commission and staff recommended approval.

RG
VAC-71199 [PRJ-70667]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

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


The City Council approved a request for a Variance (VAR-66443) to
allow a 15-foot rear yard setback where 20 feet is required on 9.63
acres at the southeast corner of Deer Springs Way and Hualapai Way.
The Planning Commission recommended approval and staff
recommended denial.
The City Council approved a request for a Special Use Permit (SUP-
66444) for a Car Wash, Full Service at the southeast corner of Deer
Springs Way and Hualapai Way. The Planning Commission
recommended approval and staff recommended denial.
The City Council approved a request for a Special Use Permit (SUP-
66445) for a 4,000 square-foot Liquor Establishment (Tavern) with a
waiver to allow a 339-foot distance separation from a school where
1,500 feet is required at the southeast corner of Deer Springs Way and
Hualapai Way. The Planning Commission recommended approval
and staff recommended denial.
The City Council approved a request for a Special Use Permit (SUP-
66446) for a Beer/Wine/Cooler Off-Sale Establishment use with a
waiver to allow a 339-foot distance separation from a school where
400 feet is required at the southeast corner of Deer Springs Way and
Hualapai Way. The Planning Commission recommended approval
02/05/17 and staff recommended denial.
The City Council approved a request for a Site Development Plan
Review (SDR-66447) for a proposed 98,359 square-foot Shopping
Center with waivers to allow buildings to not be oriented to the corner
and street frontage where such is required, to allow a six-foot
perimeter landscape buffer along a portion of the south property line
where 15 feet is required, to allow a zero-foot landscape buffer along a
portion of the east property line where eight feet is required, and to
allow a car wash bay to face public right-of-way where such is not
allowed on 9.63 acres at the southeast corner of Deer Springs Way
and Hualapai Way. The Planning Commission recommended
approval and staff recommended denial.
The City Council approved a request for a Tentative Map (TMP-67940)
for a two-lot commercial subdivision on 14.43 acres at the southeast
03/15/17
corner of Deer Springs Way and Hualapai Way. The Planning
Commission recommended approval and staff recommended denial.
The City Council approved a Petition to Vacate (VAC-67939) a portion
03/15/17 of Inyo Avenue located south of Deer Springs Way, east of Hualapai
Way. The Planning Commission and staff recommended approval.

RG
VAC-71199 [PRJ-70667]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

Most Recent Change of Ownership


09/30/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


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

Pre-Application Meeting
A pre-application meeting was conducted with the applicant and
05/23/17
discussed the Vacation application submittal process.

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

Field Check
A field check was conducted by staff and noted that the property is
08/03/17
undeveloped.

Details of Application Request


Site Area
Gross Acres 0.36

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject SC (Service C-1 (Limited
Undeveloped
Property Commercial) Commercial)
SC (Service C-1 (Limited
North Undeveloped
Commercial) Commercial)
South CC-215 Off-Ramp Right-of-Way Right-of-Way
SC (Service R-E (Residence
East Undeveloped
Commercial) Estates)
West CC-215 Off-Ramp Right-of-Way Right-of-Way

RG
VAC-71199 [PRJ-70667]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
No Applicable Special Area or Overlay Districts N/A
Other Plans or Special Requirements Compliance
Trails (Beltway Trail) N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

RG
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VAC-71199 [PRJ-70667] - VACATION - APPLICANT: LAURICH PROPERTIES, INC. - OWNER: DEER SPRINGS
VILLAGE, LLC
NORTH OF CLARK COUNTY 215 AND 388 FEET EAST OF HUALAPAI WAY
08/03/2017
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VAC-71199
Agenda Item No.: 23.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAC-71305 - VACATION - PUBLIC HEARING - APPLICANT/OWNER: KAG
DEVELOPMENT WEST, LLC - For possible action on a request for a Petition to Vacate a
public drainage easement located at the northwest and southwest corner of Eagle Canyon
Avenue and Skye Village Road, Ward 6 (Fiore) [PRJ-71253]. Staff recommends APPROVAL.

FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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-71305 [PRJ-71253]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: KAG DEVELOPMENT WEST, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAC-71305 Staff recommends APPROVAL, subject to conditions: N/A

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 28

NOTICES MAILED 3

PROTESTS 0

APPROVALS 0

RG
VAC-71305 [PRJ-71253]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

VAC-71305 CONDITIONS

1. The limits of this Petition of Vacation shall be the unused portions of the Public
Drainage Easement granted per document 20150219:0001786.

2. 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.

3. 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.

4. All development shall be in conformance with code requirements and design


standards of all City Departments.

5. 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.

RG
VAC-71305 [PRJ-71253]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a petition to vacate a Public Drainage Easement generally located at the


northwest and southwest corners of Eagle Canyon Avenue and Skye Village Road.

ANALYSIS

The applicant requests to vacate a portion of a Public Drainage Easements generally


located on the northwest and southwest corners of Eagle Canyon Avenue and Skye
Village Road. There is no right-of-way proposed to be vacated, and no franchise rights
are involved. It is not necessary to send this Vacation request to 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.

FINDINGS (VAC-71305)

The reason for the vacation is that the Public Drainage Easement is no longer required;
therefore, staff recommends approval with conditions.

BACKGROUND INFORMATION

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


The City Council approved a request for a Rezoning (ZON-20543)
from U (Undeveloped) [TND (Traditional Neighborhood Development)
General Plan Designation] and R-E (Residence Estates) to T-D
(Traditional Development) on 1,712 acres at the southwest corner of
05/16/07
Fort Apache Road and Moccasin Road. The Kyle Canyon
Development Standards and Design Guidelines were approved as part
of this action. The Planning Commission and staff recommended
approval.
The City Council adopted Ordinance No. 5910, thereby adopting the
05/16/07 Development Agreement between Kyle Acquisition Group, LLC and
the City of Las Vegas.

RG
VAC-71305 [PRJ-71253]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

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


The Development Agreement between Kyle Acquisition Group, LLC
and the city of Las Vegas was recorded in the Office of the County
06/20/07 Recorder. The approved Parks Agreement was recorded together with
the Development Agreement. This is the Effective Date of the
Development Agreement.
The City Council approved a Major Modification (MOD-22589) of the
Kyle Canyon Development Standards and Design Guidelines to
08/08/07 realign Iron Mountain Road between Hualapai and Grand Canyon
Drive, and to add street cross sections. The Planning Commission and
staff recommended approval.
The City Council approved a parent Tentative Map (TMP-22586) for a
213-lot mixed use subdivision on the Community property. The
08/15/07
Planning Commission and staff recommended approval. This map
was expunged by TMP-25492.
The City Council approved a Petition to Annex (ANX-21949) 15.56
acres generally located on the south side of Kyle Canyon Road,
approximately 1,030 feet east of Shaumber Road; and a Petition to
09/05/07 Annex (ANX-21950) 5.15 acres generally located on the south side of
Kyle Canyon Road, east of Alpine Ridge Way. The Planning
Commission and staff recommended approval. The effective date of
the annexations was 09/14/07.
The City Council approved a request for a Rezoning (ZON-20543)
from U (Undeveloped) [TND (Traditional Neighborhood Development)
General Plan Designation] and R-E (Residence Estates) to T-D
(Traditional Development) on 1,712 acres at the southwest corner of
05/16/07
Fort Apache Road and Moccasin Road. The Kyle Canyon
Development Standards and Design Guidelines were approved as part
of this action. The Planning Commission and staff recommended
approval.
The City Council adopted Ordinance No. 5910, thereby adopting the
05/16/07 Development Agreement between Kyle Acquisition Group, LLC and
the City of Las Vegas.
The Development Agreement between Kyle Acquisition Group, LLC
and the City of Las Vegas was recorded in the Office of the County
06/20/07 Recorder. The approved Parks Agreement was recorded together with
the Development Agreement. This is the Effective Date of the
Development Agreement.
The City Council approved a Major Modification (MOD-22589) of the
Kyle Canyon Development Standards and Design Guidelines to
08/08/07 realign Iron Mountain Road between Hualapai and Grand Canyon
Drive, and to add street cross sections. The Planning Commission and
staff recommended approval

RG
VAC-71305 [PRJ-71253]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

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


The City Council approved a Tentative Map (TMP-22586) for a 213- lot
mixed use subdivision on the Community property. The Planning
8/15/07
Commission and staff recommended approval. This map was
expunged by TMP-25492.
The City Council approved a Tentative Map (TMP-22586) for a 213- lot
mixed use subdivision on the Community property. The Planning
08/15/07
Commission and staff recommended approval. This map was
expunged by TMP-25492.
The City Council approved a Petition to Annex (ANX-21949) 15.56
acres generally located on the south side of Kyle Canyon Road,
approximately 1,030 feet east of Shaumber Road; and a Petition to
09/05/07 Annex (ANX-21950) 5.15 acres generally located on the south side of
Kyle Canyon Road, east of Alpine Ridge Way. The Planning
Commission and staff recommended approval. The effective date of
the annexations was 09/14/07.
The City Council approved a request (GPA-20469) to amend the
Centennial Hills Sector Plan of the General Plan to change land use
designations from PCD (Planned Community Development) and SC
(Service Commercial) to TND (Traditional Neighborhood
Development) on 7.27 acres on the west side of Oso Blanca Road,
approximately 2,190 feet south of Kyle Canyon Road. The City Council
09/19/07 also approved a Rezoning (ZON-22351) from U (Undeveloped) [PCD
(Planned Community Development) General Plan Designation], C-1
(Limited Commercial) and C-2 (General Commercial) to TD
(Traditional Development) on the same 7.27 acres. This action also
updated the Kyle Canyon Development Standards and Design
Guidelines. The Planning Commission and staff recommended
approval.
The City Council approved a request (ZON-20475) to establish a
Gaming Enterprise Overlay District on 51.38 acres at the southeast
corner of Hualapai Way and Oso Blanca Road. The City Council also
09/19/07
approved a Special Use Permit (SUP-20478) for a Non-Restricted
Gaming use on this site. The Planning Commission and staff
recommended approval.
Staff completed the first Final Map Technical Review for the Kyle
Canyon Gateway Final Map (FMP-24541) and conducted a workshop
pursuant to Subsection 3.05(c)(ii) of the Development Agreement to
discuss comments with the Master Developer. The Final Map was
10/23/07 deemed not to be in substantial compliance with the approved parent
Tentative Map (TMP- 22586). Staff and the Master Developer agreed
to retain the Final Map and have the Master Developer submit a new
Tentative Map that matched the Final Map. The Final Map would be
subject to a subsequent review once the Tentative Map was approved.

RG
VAC-71305 [PRJ-71253]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

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


The Planning Commission approved a Tentative Map (TMP-25492) for
12/20/07 a 105-lot mixed-use subdivision on the 1,712-acre Community
property. Staff recommended approval.
Planning and Development and Public Works Department staff
conditionally approved a Final Map Technical Review for the Kyle
01/31/08 Canyon Gateway Parent Final Map (FMP-24541). As of 07/06/09,
Final Map mylars based on the current Tentative Map have not been
submitted for staff review.
The City Council approved a request (MSH-25695) to amend the
Master Plan of Streets and Highways to rename Horse Drive west of
Grand Canyon Drive to Kyle Heights Parkway; to realign a portion of
the Iron Mountain Road alignment between Horse Drive and the
Northern Beltway; to reclassify various streets as identified by the
special design designations adopted as part of the Kyle Canyon
Development Standards and Design Guidelines; and to add or remove
02/06/08 various roadway segments. The Planning Commission and staff
recommended approval. The City Council also approved a Major
Modification (MOD-25875) of the Kyle Canyon Development
Standards and Design Guidelines to amend various street names and
to clarify street cross section drawings within the Community. A
subsequent Street Name Change application will be required prior to
issuance of the first residential permit in the Community. The Planning
Commission and staff recommended approval.
The City Council tabled a Petition to Vacate a BLM right-of-way grant
generally located north of Grand Teton Drive, south of Moccasin Road,
between Puli Road and Fort Apache Road (VAC-23811). The area to
be vacated was the original alignment of Sheep Mountain Parkway.
02/06/08 The Planning Commission and staff had recommended approval. The
Petition cannot record until Section 1 Land, Providence Land, and
On-Property Land are dedicated to the city for creation of the right-of-
way for the northern alignment of Sheep Mountain Parkway, pursuant
to Subsection 7.05(a)(v) of the Development Agreement.
The City Council approved a required review (DIR-28767) of a
development report pursuant to Subsection 9.01 of the Kyle Canyon
08/06/08
Development Agreement. Staff recommended approval. A condition of
approval required a follow-up review on 10/01/08.
Wachovia Bank, National Association, acting as the managing creditor
of 41 creditors, foreclosed on the Kyle Canyon property. A new entity
09/23/08
called KAG Property LLC was formed to assume ownership of the Kyle
Canyon property.

RG
VAC-71305 [PRJ-71253]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

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


The City Council approved a follow-up required review (DIR-29916) of
a development report pursuant to Subsection 9.01 of the Kyle Canyon
12/03/08
Development Agreement between the city of Las Vegas and Kyle
Acquisition Group, LLC. Staff recommended approval.
Notice of Noncompliance and Opportunity to Cure was sent to KAG
02/02/09 Property, LLC for failure to commence construction of Indian Hills Park
prior to 09/13/08.
The City Council approved the required review (DIR-34955) of a
08/05/09 development report pursuant to Subsection 9.01 of the Kyle Canyon
Development Agreement. Staff recommended approval.
The City Council approved an Extension of Time (EOT-35315) of a
previously approved Special Use Permit (SUP-20478) for a proposed
09/02/09
Non-Restricted Gaming Facility at the southwest corner of Oso Blanca
Road and Hualapai Way alignment. Staff recommended approval.
The Master Developer presented to the city a summary report from
Hart Howerton Strategic Planning Consultants outlining a strategic
10/02/09
plan and recommendations for development of the Kyle Canyon
property.
The City Council approved a required review (DIR-38680) of a
08/04/10 development report pursuant to Subsection 9.01 of the Kyle Canyon
Development Agreement. Staff recommended approval.
The City Council approved a request or possible action on a request
for required review (DIR-42369) of a development report as required
08/17/11 by Subsection 9.01 of that certain Development Agreement between
the city of Las Vegas and Kyle Acquisition Group, LLC dated August 8,
2007. Staff recommended approval.
The City Council approved an Extension of Time (EOT-43127) of a
previously approved Special Use Permit (SUP-20478) for a proposed
10/19/11
Non-Restricted Gaming Facility at the southwest corner of Oso Blanca
Road and Hualapai Way alignment. Staff recommended approval.
The City Council approved a request to Amend the Master Plan of
Streets and Highways (GPA-41958) to realign Sheep Mountain
11/16/11 Parkway between Grand Teton Drive and Fort Apache Road and
delete master planned roadways within the Kyle Canyon master plan
area. Planning Commission and staff recommended approval.
The City Council approved a request for a Petition to Vacate (VAC-
11/16/11 42250) portions of the Sheep Mountain Parkway right-of-way grant.
Planning Commission and staff recommended approval.

RG
VAC-71305 [PRJ-71253]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

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


The City Council approved a request regarding the amending of the
Development Agreement (DIR-42266) for the Kyle Canyon
Development on approximately 1,662 acres at the southwest corner of
11/16/11
Fort Apache Road and Moccasin Road. Planning Commission and
staff recommended approval. The Development Agreement (Doc.
#201206260000001) was recorded on 06/26/12.
The Planning Commission approved a Tentative Map (TMP-53058) for
a 45-lot subdivision (Parent Tentative Map) on 1,661.8 acres
04/08/14
approximately 1,800 feet north of Horse Drive on the west side of Oso
Blanca Road. Staff recommended approval.
The City Council approved a request or possible action on a request
for required review (DIR-54776) of a development report as required
08/06/14 by Subsection 9.01 of that certain Development Agreement between
the city of Las Vegas and Kyle Acquisition Group, LLC dated August 8,
2007. Staff recommended approval.
The Final Map (FMP-53700) for a proposed four-pod residential
subdivision (Skye Canyon Phase 1 Parent Map) on 163.65 acres at
09/18/14
the northwest corner of Grand Teton Drive and Grand Canyon Drive
was recoded.
The City Council approved a Variance (VAR-55892) to allow
deviations from the Street Naming Guidelines and Street Naming
Configuration sections of the City of Las Vegas Street Naming and
Addressing Assignment Regulations, 2009 Edition on Horse Drive
01/21/15
between the US 95 and Iron Mountain Road, Fort Apache Road
between the US 95 and Moccasin Road, as well as on Hualapai Way
from Grand Teton Drive to Moccasin Road, respectively. The Planning
Commission and staff recommended approval.
The City Council approved a request a Street Name Change (SNC-
55060) from Horse Drive to: Skye Canyon Park Drive (between the US
95 and Iron Mountain Road); from Fort Apache Road to North Skye
01/21/15 Canyon Park Drive (between the US 95 and Moccasin Road); and
from Hualapai Way to Skye Village Road (between Grand Teton Drive
and Moccasin Road). The Planning Commission and staff
recommended approval.
The City Council approved a General Plan Amendment (GPA- 56951)
to amend the Public Facilities & Building Element of the Las Vegas
03/18/15 2020 Master Plan. This amendment eliminates the Nevada Energy
Substation and associate corridor within the Kyle Canyon Master
Planned Community

RG
VAC-71305 [PRJ-71253]
Staff Report Page Seven
September 12, 2017 - Planning Commission Meeting

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


The City Council approved a Directors Business Item (DIR-57816) for
04/15/15 the 2nd amendment to the Kyle Canyon Development agreement. The
Planning Commission and staff recommended approval on 03/10/15.
Department of Planning staff approved an administrative site plan
05/04/15 (SDR-58930) for a conceptual review of Skye Canyon parks 1.5, 1.6,
and 2.13.
The Planning Commission approved a Tentative Map (TMP-58560) for
05/12/15 a proposed 66-lot mixed use subdivision at the northeast corner of
Grand Teton Drive and Puli Drive. Staff recommended approval.
The City Council approved a Directors Business Item (DIR-59826)
regarding the adoption of a parks agreement accompanying the 2 nd
07/15/15
amendment to the Sky Canyon development agreement. The
Planning Commission and staff recommend approval.
The City Council approved a Directors Business Item (DIR-63962) for
07/20/16 the 3rd amendment to the Kyle Canyon Development agreement. The
Planning Commission and staff recommended approval.
The City Council approved a Directors Business Item (DIR-65021)
regarding the adoption of a parks agreement accompanying the 3 rd
07/20/16
amendment to the Sky Canyon development agreement. Staff
recommended approval.
The Final Map (FMP-57265) for a 71-lot single-family residential
08/17/15 subdivision (Skye Canyon Parcel 1.1 Phase 2) on 15.43 acres at the
southeast corner of Horse Drive and Hualapai Way was recorded.
The Planning Commission approved a Tentative Map (TMP-65803) for
09/13/16 a proposed 86-lot mixed use subdivision at the northeast corner of
Grand Teton Drive and Puli Drive. Staff had recommended approval.
The Planning Commission approved a Waiver (WVR-67425) to allow
an 84-foot internal intersection offset where 125 feet is minimum
required. Staff recommended approval.
01/10/17 The Planning Commission approved a Tentative Map (TMP-67366) for
a 100-lot single-family residential subdivision on 22.60 acres at the
northwest corner of Grand Teton Drive and Skye Village Road. Staff
recommended approval.
The Final Map (FMP-61563) for a 13-POD residential/park subdivision
01/13/17
was recorded.
The Planning Commission approved a Tentative Map (TMP-70749) for
a 122-lot single-family residential subdivision on 18.38 acres at the
07/11/17
southwest corner of Eagle Canyon Avenue and Skye Village Road.
Staff recommended approval.

RG
VAC-71305 [PRJ-71253]
Staff Report Page Eight
September 12, 2017 - Planning Commission Meeting

Most Recent Change of Ownership


03/19/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


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

Pre-Application Meeting
A pre-application meeting was conducted with the applicant and
07/24/17
discussed the Vacation application submittal process.

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

Field Check
A field check was conducted by staff and noted that the property is
08/03/17
undeveloped.

Details of Application Request


Site Area
Gross Acres 30.63

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
TND (Traditional
Subject T-D (Traditional
Undeveloped Neighborhood
Property Development)
Development)
TND (Traditional
T-D (Traditional
North Park Neighborhood
Development)
Development)
TND (Traditional
T-D (Traditional
South Undeveloped Neighborhood
Development)
Development)

RG
VAC-71305 [PRJ-71253]
Staff Report Page Nine
September 12, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Single Family, TND (Traditional
T-D (Traditional
East Detached Neighborhood
Development)
Undeveloped Development)
TND (Traditional
T-D (Traditional
West Undeveloped Neighborhood
Development)
Development)

Master and Neighborhood Plan Areas Compliance


Skye Canyon Master Plan Y
Special Area and Overlay Districts Compliance
T-D (Traditional Development) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

RG
VAC-71305 7

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VAC-71305
VAC-71305 [PRJ-71253] - VACATION - APPLICANT/OWNER: KAG DEVELOPMENT WEST, LLC
SOUTHWEST CORNER OF EAGLE CANYON AVENUE AND SKYE VILLAGE DRIVE
08/03/2017
VAC-71305 [PRJ-71253] - VACATION - APPLICANT/OWNER: KAG DEVELOPMENT WEST, LLC
SOUTHWEST CORNER OF EAGLE CANYON AVENUE AND SKYE VILLAGE DRIVE
08/03/2017

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VAC-71305
Agenda Item No.: 24.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - GPA-69220 - GENERAL PLAN AMENDMENT - PUBLIC HEARING -
APPLICANT: VALLEY BANK OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS -
For possible action on a request for a General Plan Amendment FROM: DR (DESERT RURAL
DENSITY RESIDENTIAL) TO: R (RURAL DENSITY RESIDENTIAL) on 11.95 acres at the
northeast corner of Trails End Avenue and Homestead Road (APNs 125-05-503-001 and 002),
Ward 6 (Fiore) [PRJ-69151]. Staff recommends DENIAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 8 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Abeyance Request Letter - GPA-69220 and ZON-69224 [PRJ-69151]
2. Location and Aerial Maps
3. Staff Report - GPA-69220 and ZON-69224 [PRJ-69151]
4. Supporting Documentation - GPA-69220 and ZON-69224 [PRJ-69151]
5. Photo(s) - GPA-69220 and ZON-69224 [PRJ-69151]
6. Justification Letter - GPA-69220 and ZON-69224 [PRJ-69151]
7. Clark County School District Development Tracking Form - GPA-69220 and ZON-69224
[PRJ-69151]
8. Protest Postcard for GPA-69220 and ZON-69224 [PRJ-69151]




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GPA-69220 and ZON-69224


GPA-69220 and ZON-69224 [PRJ-69151]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: VALLEY BANK OF NEVADA - OWNER: BANK
OF NORTH LAS VEGAS

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
GPA-69220 Staff recommends DENIAL.
ZON-69224 Staff recommends DENIAL. GPA-69220

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 11

NOTICES MAILED 110

PROTESTS 8

APPROVALS 0

NE
GPA-69220 and ZON-69224 [PRJ-69151]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request to amend the General Plan land use designation on a 11.95-acre
portion of the Centennial Hills Sector Plan located at the northeast corner of Trails End
Avenue and Homestead Road from DR (Desert Rural Density Residential) to R (Rural
Density Residential) and to Rezone the subject 11.95-acre site from R-E (Residence
Estates) to R-D (Single Family Residential-Restricted).

ISSUES

In accordance with Title 19.16, a public hearing is required for both the General Plan
Amendment application and the Rezoning application.

ANALYSIS

The subject sites are currently designated DR (Desert Rural Density Residential) which
allows densities up to 2.49 units per acre. To the west of the subject sites is a five-acre
parcel that is included in Planning Area A2 of the Interlocal Agreement between the City of
Las Vegas and County of Clark adopted on December 21, 2016. This agreement
mandates areas identified as Planning Area A1 and A2 must remain residential and
designated at a density of no greater than 2.0 Units per Groass Acre on the Parties
respective comprehensive plans.

East of the subject sites is a residential development zoned R-PD2 (Residential Planned
Development 2 Units Per Acre), with single family, detached homes. South of the subject
sites are undeveloped lots zoned R-E (Residence Estates), which also allows a density no
less than two residential units per acre. Designating the subject sites R (Rural Density
Residential) that would allow a density up to 3.59 units per acre is not compatible with the
existing surrounding area that allows a maximum density of two units per acre. Staff does
not support the General Plan Amendment or the Rezoning application as the density
proposed would create an island of higher density residential amongst lower density
development.

An abeyance has been requested by the applicant in order to allow time for the
submittal of a Petition to Vacate Homestead Road and a Tentative Map application that
will demonstrate an overall neighborhood layout that would include the five acre parcel
to the west of the subject sites. Staff will reevaluate the proposed development once a
Petition to Vacate and Tentative Map are submitted.

NE
GPA-69220 and ZON-69224 [PRJ-69151]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

FINDINGS (GPA-69220)

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

1. The density and intensity of the proposed General Plan Amendment is


compatible with the existing adjacent land use designations,

The subject site is adjacent to property designated RNP (Rural Neighborhood


Preservation), which allows a minimum density of 2.0 units per acre, and property
designated PCD (Planned Community Development), which also allows a
minimum of 2.0 units per acre. Amending the General Plan to R (Rural), which
allows for up to 3.59 units per acre, is not compatible with the existing adjacent
land use designations.

2. The zoning designations allowed by the proposed amendment will be


compatible with the existing adjacent land uses or zoning districts,

The R (Rural Density Residential) General Plan Designation allows the R-E
(Residence Estates), the proposed R-D (Single Family Residential-Restricted),
and the R-1 (Single Family Residential) zoning districts. The existing
surrounding land uses consist of undeveloped lots and single-family, detached
dwelling units zoned either R-E (Residence Estates) or R-PD2 (Residential
Planned Development 2 Units Per Acre) with minimum lot sizes of
approximately one-half acre, or 20,000 square feet. The R-D (Single Family
Residential-Restricted) requires a minimum lot size of 10,000 square feet, and
the R-1 (Single Family Residential) zoning district has a minimum lot size of
6,500 square feet. This is half to one-third of the minimum lot sizes surrounding
the subject sites and is not compatible.

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


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

If approved, half street improvements would be required with any future


development to provide adequate roadways for the subject sites.

4. The proposed amendment conforms to other applicable adopted plans and


policies that include approved neighborhood plans.

The subject sites are currently designated DR (Desert Rural Density


Residential) which allows densities up to 2.49 units per acre. To the west of the
subject sites is a five-acre parcel that is included in the Interlocal Agreement
between the City of

NE
GPA-69220 and ZON-69224 [PRJ-69151]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

Las Vegas and County of Clark adopted on December 21, 2016. This agreement
mandates these parcels designated by the agreement to remain residential with a
density no greater than 2.0 units per acre. Designating property adjacent to this
parcel that would allow a density up to 3.59 units per acre is not compatible to
other applicable plans within the immediate area.

FINDINGS (ZON-69224)

In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning


Commission or City Council must affirm the following:

1. The proposal conforms to the General Plan.

If the companion General Plan Amendment application is approved, the proposed


R-D (Single Family Residential-Restricted) would conform to the General Plan.

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

The R-D (Single Family Residential-Restricted) zoning district allows for single-
family, detached development with a minimum lot size of 10,000 square feet,
which is half the minimum size of the adjacent R-E (Residence Estates) zoning
district to the west and south. The R-E (Residence Estates) zoning district
requires a minimum lot size of 20,000 square feet.

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

Development surrounding the subject sites consists of single-family detached


homes and undeveloped lots ranging in size from approximately 19,000 square
feet to approximately 46,000 square feet. 10,000 square-foot residential lots are
not compatible with the surrounding community.

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.

If developed, the property owner would be required to install half-street


improvements adjacent to the subject sites in order to provide adequate access
the site.

NE
GPA-69220 and ZON-69224 [PRJ-69151]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

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


Staff administratively approved a request for a Site Development Plan
Review (SD-0067-01) for proposed electrical overhead transmission
lines located adjacent to the south side of the Moccasin Road
12/11/01
alignment, between US-95 and Jones Boulevard and bearing east-
southeast from Moccasin Road and Jones Boulevard to Decatur
Boulevard.
The Planning Commission voted (4-0) to hold GPA-69220 and ZON-
04/11/17 69224 in abeyance to the June 13, 2017 Planning Commission
meeting.
The Planning Commission voted (7-0) to hold GPA-69220 and ZON-
06/13/17 69224 in abeyance to the September 12, 2017 Planning Commission
meeting.

Most Recent Change of Ownership for 125-05-503-001 and 002


12/19/08 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


Drainage Study (DS3456-1) was approved for Log Cabin Ranch
10/08/09
access road mass grading.

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
02/21/17 requirements for a General Plan Amendment and Rezoning
application were discussed.
Staff conducted a second pre-application meeting to discuss the
07/13/17 submittal requirements for a Tentative Map and the associated
Waivers and Variances.
A follow-up pre-application meeting was held to further discuss the
07/31/17 options available to the applicant in regards to sewer, flood control,
and right-of-way improvements.
A follow-up pre-application meeting was held to ensure the submittal
package was complete and all areas of concern by both the applicant
08/22/17 and the immediate neighbors were addressed on the plans. This
meeting was held to ensure a complete submittal in order to avoid any
further delays.

NE
GPA-69220 and ZON-69224 [PRJ-69151]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

Neighborhood Meeting
Meeting Start Time: 6:00 p.m.
Meeting End Time: 7:15 p.m.

Attendance: 1 Representative from the Planning Department;


2 Representatives from Ward 6 Mayor Pro Tem Ross;
4 Representatives for the applicant;
2 Representatives from Clark County, District B;
and approximately 9 members of the public (neighbors).

The meeting opened with a presentation of the proposed project by the


applicants engineer followed by a question and answer session. Some
of the questions and concerns expressed by the neighbors included:
Some residents do not want Homestead vacated, a few were in
agreement with the proposal. There is concern as to how traffic
would proceed through the neighborhood once Homestead
Road was vacated and if other streets would see an increase in
traffic levels.
The residents do not want the subject properties rezoned to R-
D, the residents want the property to remain zoned R-E. There
is concern that the proposed plans would be discarded later and
03/22/17 the property would be developed to the minimum lot size of
10,000 square feet allowed by the R-D zoning district.
There is concern in regards to home values. If the subject sites
are developed to the lot minimums with small homes, the
surrounding properties value would drop.
Questions were raised as to whether or not horses could be
kept on property zoned R-D. The R-D zoning district requires
the minimum lot size to be 18,000 square feet for a horse. Staff
informed the neighbors that it is possible to develop a horse
friendly neighborhood.
Questions were also raised in regards to half street
improvements and how that would affect the roads currently not
improved, and those roadways within the County.
Representatives from Clark County District B indicated they
would look into the matter further.

A representative for the bank owned properties gave a brief history of


the bank came to own the properties and expressed their willingness
to work with the neighbors to have the best result possible for
everyone involved while realizing not everyone would be pleased with
the proposal. A representative for the adjacent 5 acre parcel (not part

NE
GPA-69220 and ZON-69224 [PRJ-69151]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

Neighborhood Meeting
of this action) also gave insight as to the thought process that went
into the current configuration of the combined 17 plus acres. He also
expressed to the neighbors a willingness to work with them for a
successful outcome.

Currently the neighbors use Homestead Road as a horse pathway to


the adjacent desert area for riding. One neighbor mentioned the idea
of having a horse trail installed along the western edge of parcel
number 125-05-502-014 if Homestead Road was vacated. The
applicants were open to the idea of creating a horse trail.

The residents requested another neighborhood meeting with an


expanded notification area. Staff asked the neighbors which residents
they would like to be included and mapped with the applicants
representative a custom notification area to be created for the next
neighborhood meeting. This neighborhood meeting would be
scheduled in approximately one month. At the conclusion of the
meeting, the applicants representatives and the neighbors agreed to
continue to work together for the best solution possible.

Field Check
During a routine field check, staff observed the undeveloped site.
03/02/17
Nothing of concern was noted by staff.

Details of Application Request


Site Area
Gross Acres 11.95

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject DR (Desert Rural R-E (Residence
Undeveloped
Property Density Residential) Estates)
U (Undeveloped) [TND
TND (Traditional (Traditional
North Undeveloped Neighborhood Neighborhood
Development) Development) General
Plan Designation]

NE
GPA-69220 and ZON-69224 [PRJ-69151]
Staff Report Page Seven
September 12, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
RNP (Rural
Neighborhood R-E (Residence
South Undeveloped
Preservation Estates)
Residential Density)
PCD (Planned R-PD2 (Residential
Single Family,
East Community Planned Development
Detached
Development) 2 Units Per Acre)
RNP (Rural
Neighborhood R-E (Residence
West Undeveloped
Preservation Estates)
Residential Density)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Purpose and Overlay Districts Compliance
No Applicable Special Purpose or Overlay Districts N/A
Other Plans or Special Requirements Compliance
Centennial Hills Sector Plan Y
Northwest Open Space Plan Y
Trails Multi-Use Non-Equestrian (Moccasin Road) N*
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A
*Half street improvements that include a Multi-Use Non-Equestrian trail would be
required adjacent to Moccasin Road when the subject sites are developed.

Existing General Plan Permitted Density Units Allowed


DR (Desert Rural 0 2 dwelling units/
0 - 23
Residential Density) gross acre
Proposed General Plan Permitted Density Units Allowed
R (Rural Residential 2.1 3.5 dwelling units/
25 41
Density) gross acre

NE
GPA-69220 and ZON-69224 [PRJ-69151]
Staff Report Page Eight
September 12, 2017 - Planning Commission Meeting

Existing Zoning Permitted Density Units Allowed


20,000 SF
R-E (Residence Estates) 26
Minimum Size Lot
Proposed Zoning Permitted Density Units Allowed
R-D (Single Family 10,000 SF
52
Residential-Restricted) Minimum Size Lot

Functional Actual Compliance


Governing
Street Name Classification of Street Width with Street
Document
Street(s) (Feet) Section
Moccasin
Local Title 13 N/A N
Road
Homestead
Local Title 13 20 N
Road
Trails End
Local Title 13 N/A N
Avenue
*Moccasin Road and Trails End Avenue have not been installed. As part of an approved
development, the subject sites would be required to construct the half-street improvements
adjacent to the subject sites.

NE
GPA-69220 77

7777

777

77



GPA-69220


GPA-69220

TND PR-OS

MOCCASIN RD

PCD
DR

RNP

SUBJECT
PROPERTY

N DURANGO DR
TRAILS END AVE
HOMESTEAD RD
FOUR VIEWS ST

SOLITUDE SUMMIT ST

ROCKY AVE

CABIN DR

FROM DR TO R
General Plan Amendment
1000' Buffer
RNP - Rural Neighborhood MLA - Medium - Low Attached GTC - Tourist Commercial PF-CC Public Facility
Preservation Clark County
LVMD - Las Vegas Medical City Limits
M - Medium
RE - Rural Estates District TC - Town Center
H - High LI/R - Light Industrial / Research Not City
DR - Desert Rural RC - Resource Conservation
PCD - Planned Community
R - Rural O - Office
Development C - Downtown - Com mercial Subject Property GIS maps are normally produced
only to meet the needs of the City.
Due to continuous development activity
SC - Service Com mercial PR-OS - Park/Recreation/ this map is for reference only.
L - Low MXU - Downtown - Mixed Use Geographic Inform ation System
Open Space Planning & Development Dept.
ML - Medium - Low GC - General Commercial TND - Tradional Neighborhood 702-229-6301
PF - Public Facility
Development Date: Thursday, March 02, 2017
A77

A A

A

bA7A
77
77A777A7A77

AA7 AA7
A A

7 7

7 7 7 7 7

b7A
7 7 7

7
A


A7A


7
7 7 7
7 7
7AA7bA


A77A

A
A7
7

GPA-69220 and ZON-69224


GPA-69220 [PRJ-69151] - GENERAL PLAN AMENDMENT RELATED TO ZON-69224 - APPLICANT: VALLEY BANK
OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS
NORTHEAST CORNER OF TRAILS END AVENUE AND HOMESTEAD ROAD
03/02/17
GPA-69220 [PRJ-69151] - GENERAL PLAN AMENDMENT RELATED TO ZON-69224 - APPLICANT: VALLEY BANK
OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS
NORTHEAST CORNER OF TRAILS END AVENUE AND HOMESTEAD ROAD
03/02/17
GPA-69220 [PRJ-69151] - GENERAL PLAN AMENDMENT RELATED TO ZON-69224 - APPLICANT: VALLEY BANK
OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS
NORTHEAST CORNER OF TRAILS END AVENUE AND HOMESTEAD ROAD
03/02/17
GPA-69220 [PRJ-69151] - GENERAL PLAN AMENDMENT RELATED TO ZON-69224 - APPLICANT: VALLEY BANK
OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS
NORTHEAST CORNER OF TRAILS END AVENUE AND HOMESTEAD ROAD
03/02/17

&77
b777
b77
777
7777

77 77A7777
77A777b77

7777

7777777777777777
77777A7A7777b7b7777777
7777777777777777777
7777777777777777777

77777777777777777777A77
b7777A777777777777b777
777777

777777A7777b

7 7777777777777777777
77777777777777777
7777777777777777
7b7

7 77777777777777
7777777777777777
77777777777777
77777777777777777
77777777777777
777777777777777777
7777777777A77777777
77777777777777

7 77777777777777777777A
7777777777777777777
77A77777777777777
77777777777

7 777777777777777777
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
777777777777777
77777777777777
777777777777777777





77A777777777777777

GPA-69220 and ZON-69224


7A777b77
777

7 7777777777777
777777777777777
777777777777A777
777777777777777777
77777777777777777
7777777777777

777777777777777777
7777777

7777777777777777A7
77777777777777777
77

7777777777777777
77777

7777777777777

77

77
77



77A777777777777777

GPA-69220 and ZON-69224


GPA-69220 and ZON-69224
Agenda Item No.: 25.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - ZON-69224 - REZONING RELATED TO GPA-69220 - PUBLIC HEARING -
APPLICANT: VALLEY BANK OF NEVADA - OWNER: BANK OF NORTH LAS VEGAS -
For possible action on a request for a Rezoning FROM: R-E (RESIDENCE ESTATES) TO: R-D
(SINGLE FAMILY RESIDENTIAL-RESTRICTED) on 11.95 acres at the northeast corner of
Trails End Avenue and Homestead Road (APNs 125-05-503-001 and 002), Ward 6 (Fiore) [PRJ-
69151]. Staff recommends DENIAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 8 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
ZON-69224 77

7777

777

77



ZON-69224


ZON-69224

U(TND) U(PROS

MOCCASIN RD

R-E

SUBJECT
PROPERTY

N DURANGO DR
TRAILS END AVE
HOMESTEAD RD

R-PD2
FOUR VIEWS ST

SOLITUDE SUMMIT ST

ROCKY AVE

CABIN DR

Zoning FROM R-E TO R-D


U - (GPA Designation) R-2 - Medium-Low P-O - Professional Office C-M - Commercial/Industrial
Undeveloped Density Residential 1000' Buffer
R-3 - Medium Density N-S - Neighborhood Service M - Industrial
R-A - Ranch Acres
Residential City Limits
O - Office C-V - Civic
R-E - Residential Estates R-4 - High Density
R-D - Single-Family Residential C-D - Designed Commercial P-C - Planned Community Not City
Residential-Restricted R-5 - Apartment
R-PD - Residential C-1 - Limited Commercial T-D - Traditional Development Subject Property GIS maps are normally produced
R-MH - Mobile/Manufactured only to meet the needs of the City.
Planned Development Home Residence Due to continuous development activity
C-2 - General Commercial PD - Planned Development
R-1 - Single Family this map is for reference only.
R-MHP - Residential Mobile/ C-PB - Planned Business
Geographic Inform ation System
Residential T-C - Town Center
Manufactured Home Park
Planning & Development Dept.

R-CL - Single-Family Park 702-229-6301

Compact-Lot P-R - Professional Offices Date: Thursday, March 02, 2017


and Parking
Agenda Item No.: 26.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - GPA-69192 - GENERAL PLAN AMENDMENT - PUBLIC HEARING -
APPLICANT/OWNER: STEVE DIMOULAS - For possible action on a request for a General
Plan Amendment FROM: DR (DESERT RURAL DENSITY RESIDENTIAL) TO: SC
(SERVICE COMMERCIAL) on 0.59 acres at 4801 Ricky Road (APN 138-12-710-092), Ward 5
(Barlow) [PRJ-69087]. Staff recommends DENIAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 8 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Abeyance Request Letter - GPA-69192 and ZON-69193 [PRJ-69087]
2. Location and Aerial Maps
3. Staff Report - GPA-69192 and ZON-69193 [PRJ-69087]
4. Supporting Documentation - GPA-69192 and ZON-69193 [PRJ-69087]
5. Photo(s) - GPA-69192 and ZON-69193 [PRJ-69087]
6. Justification Letter - GPA-69192 and ZON-69193 [PRJ-69087]
7. Protest Letter and Protest/Support Postcards for GPA-69192 and ZON-69193 [PRJ-69087]
August 15, 2017
April4,2017
From:SteveDimoulaspropertyowner
of4801RickyRoadLasVegasNV.89130

To:PlanningCommission
CanIrequestnextavailablePlanningCommissiondateforOctober10th,2017aswe
neededmoretimetoeditandfinalizeSDRproposal.


ThankYouforyourcooperation,
SteveDimoulasPropertyOwner
Steve89130@gmail.com
Cell:7023543351


GPA-69192 and ZON-69193


GPA-69192 And ZON-69193 [PRJ-69087]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: STEVE DIMOULAS

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
GPA-69192 Staff recommends DENIAL.
ZON-69193 Staff recommends DENIAL. GPA-69192

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 11

NOTICES MAILED 528

PROTESTS 0

APPROVALS 0

CS
GPA-69192 And ZON-69193 [PRJ-69087]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a General Plan Amendment from DR (Desert Rural Density
Residential) to SC (Service Commercial) and a Rezoning from R-E (Residence Estates)
to C-1 (Limited Commercial). The subject site is located at 4801 Ricky Road. At this
time, there are no proposed development projects associated with the requested
changes.

ISSUES

The proposed General Plan Amendment and Rezoning does not adhere to the intent
of the RP-O (Rural Preservation Overlay) District.

ANALYSIS

The subject site is undeveloped and approximately 0.59 acres. It is a corner lot,
surrounded by residential uses. The parcels adjacent to the north, south and west are
all zoned R-E (Residence Estates) and have single family detached dwellings. The
property to the east is separated by Decatur Boulevard, zoned PUD (Planned Unit
Development) and under the City of North Las Vegas jurisdiction. It is composed of
multi-family dwellings and single family dwellings. Approval of the requested
entitlements would allow the applicant to operate uses such as a restaurant, trade
school or wedding chapel, which are all permitted in the C-1 (Limited Commercial)
zoning district. In addition, there are other more intense uses that would require a
Conditional Use Verification or Special Use Permit in the C-1 zoning district.

At this time, no development has been proposed for the subject site. Possible restaurant
uses and tire shop uses were mentioned at the pre-application meeting. The owner
also discussed these uses at the neighborhood meeting held on 03/20/17. The majority
of the public present at the meeting were opposed to supporting the proposed General
Plan Amendment and Rezoning without knowing the exact use of the site.

The site is surrounded by residential uses and is located within a large-lot residential
development. The proposed land use designation and zoning would allow uses that are
too intense for the surrounding adjacent uses. Staff recommends denial of the request.

CS
GPA-69192 And ZON-69193 [PRJ-69087]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

FINDINGS (GPA-69192)

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

1. The density and intensity of the proposed General Plan Amendment is


compatible with the existing adjacent land use designations,

The proposed SC (Service Commercial) General Plan Designation is not


compatible with the existing adjacent land uses. The subject site is surrounded by
residential uses.

2. The zoning designations allowed by the proposed amendment will be


compatible with the existing adjacent land uses or zoning districts,

In addition to the requested General Plan Amendment, the applicant is also


requesting a Rezoning from R-E (Residence Estates) to C-1 (Limited
Commercial). The subject site is adjacent to all residentially zoned properties.
The proposed rezoning would not be compatible with the existing surrounding
land uses, as it would allow commercial uses that are too intense.

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


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

The subject site is located on a primary arterial street and within a predominantly
residential area. There is access to adequate transportation, recreation, and utility
facilities to accommodate the proposed General Plan Amendment.

4. The proposed amendment conforms to other applicable adopted plans and


policies that include approved neighborhood plans.

The subject site is located within the Rural Preservation Overlay District. The
intent of this district is to ensure that the rural character of each rural
preservation neighborhood is preserved. The proposed General Plan
Amendment and Rezoning would not be in line with the mission of this district.

FINDINGS (ZON-69193)

In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning


Commission or City Council must affirm the following:

CS
GPA-69192 And ZON-69193 [PRJ-69087]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

1. The proposal conforms to the General Plan.

If both requests are approved, the proposed C-1 (Limited Commercial) zoning
district would conform to the SC (Service Commercial) General Plan Designation.

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

The subject site is surrounded by all residential uses. Approval of the requested
rezoning would allow for more intense commercial uses which would not be
compatible with the characteristics of the existing neighborhood.

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

The subject area is all residential. There are other suitable locations for the type
of development that would be allowed in the C-1 (Limited Commercial) zoning
district.

4. Street or highway facilities providing access to the property are or will be


adequate in size to meet the requirements of the proposed zoning district.

The subject site can be accessed from Decatur Boulevard, a 100-foot wide
primary arterial and Ricky Road, a 60-foot wide minor street. Decatur Boulevard
is adequate in size to meet the requirements of the proposed zoning district.

BACKGROUND INFORMATION

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


Code Enforcement issued Case #162980 for weekend yard sale
02/01/16 events and vehicle sales on a vacant lot. The case was closed on
03/18/16.
The Planning Commission voted (4-0) to hold GPA-69192 and ZON-
04/11/17 69793 in abeyance to the July 11, 2017 Planning Commission
meeting.
The Planning Commission voted (6-0) to hold GPA-69192 and ZON-
07/11/17 69793 in abeyance to the July 11, 2017 Planning Commission
meeting.

Most Recent Change of Ownership


09/29/16 A deed was recorded for a change in ownership.

CS
GPA-69192 And ZON-69193 [PRJ-69087]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


There are no related building permits or licenses on file.

Pre-Application Meeting
Staff conducted a pre-application meeting with the applicant where the
02/16/17
submittal requirements and deadlines were reviewed.

Neighborhood Meeting
Attendance:

1 representative from the Planning Department


2 representatives for the applicant
16 members of the public

Meeting Notes
Owner opened the meeting by giving background about himself
and discussed possible uses he would like for the site
Owner would like to open a restaurant and tire shop at the site
Owner states it would be a small business, owner operated and
community oriented
Owner says he is a Greek chef and has operated restaurants in
the past including in Chicago
Owner opened the floor for questions
03/20/17
Public Comments/Concerns
Question of parcel size was posed
Concern was raised about setting precedent and more
properties in the area converting to commercial
Question was raised of how many restaurants and tire shops
are truly needed in the area
Concern was raised about a possible change in ownership for
the site
Request was made for rough sketch of proposed site design
Concerns of crime from high school kids in the area were raised
Concerns were raised about possible bar
Concerns of traffic congestion were raised
Concerns of customer parking were raised
Question was raised about proposed ingress/egress to site

CS
GPA-69192 And ZON-69193 [PRJ-69087]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

Neighborhood Meeting
Question was raised about proposed project impact on property
values
Suggestion was made that the owner consider only a restaurant
for the site versus a tire shop and restaurant
Suggestion was made that the site be used for office space
Concerns were raised about illegal cars currently parked at the
site
Majority of public present want to see the site developed into
something but are unwilling to support the project without
knowing what will be built there
A request was made for an additional neighborhood meeting in
which the owner will have rough sketches available
Staff advised of next scheduled Planning Commission hearing
Owner will consider having the case abeyed in order to provide the
public more information

Field Check
Staff conducted a routine field check and found an undeveloped parcel
03/02/17
with no trash or debris. There was a car parked at the site.

Details of Application Request


Site Area
Net Acres 0.59

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject DR (Desert Rural R-E (Residence
Undeveloped
Property Density Residential) Estates)
Single Family, DR (Desert Rural R-E (Residence
North
Detached Density Residential) Estates)
Single Family, DR (Desert Rural R-E (Residence
South
Detached Density Residential) Estates)
North Las Vegas North Las Vegas
East (Multi-Family North Las Vegas (Planned Unit
Residential) Development)
Single Family, DR (Desert Rural R-E (Residence
West
Detached Density Residential) Estates)

CS
GPA-69192 And ZON-69193 [PRJ-69087]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

Master and Neighborhood Plan Areas Compliance


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

DEVELOPMENT STANDARDS

Pursuant to Title 19.08, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Width 100 Feet 129 Feet Y

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Decatur
Primary Arterial Streets and 100 Y
Boulevard
Highways
Ricky Road Minor Street Title 13 60 Y

CS
GPA-69192



GPA-69192


GPA-69192
W GO WA N RD

STAMPEDE CT
PARADA CIR
GOLDEN PA
LO MIN O LN

RANCHO REA PK WY
JAY AVE

CANTER DR
STABLE WAY

GOLDEN SAGE DR

SILVER BRIDLE PL
DAPPLE DR
CHESTNU T BLAZE DR

RICKY R D
THERESA WAY

N DECATUR BLVD

SUBJECT
PROPERTY
DR

DONNIE AVE


GC

FROM DR TO SC
General Plan Amendment 1000' Buffer
RNP - Rural Neighborhood MLA - Medium - Low Attached GTC - Tourist Commercial PF-CC Public Facility
Preservation Clark County City Limits
LVMD - Las Vegas Medical
RE - Rural Estates M - Medium
District TC - Town Center Not City
H - High LI/R - Light Industrial / Research
DR - Desert Rural RC - Resource Conservation
PCD - Planned Community Subject Property GIS maps are normally produced
only to meet the needs of the City.
R - Rural O - Office
Development C - Downtown - Com mercial Due to continuous development activity
this map is for reference only.
Geographic Inform ation System
L - Low SC - Service Com mercial PR-OS - Park/Recreation/
MXU - Downtown - Mixed Use Planning & Development Dept.
Open Space 702-229-6301

ML - Medium - Low GC - General Commercial TND - Tradional Neighborhood


PF - Public Facility Date: Wednesday, March 01, 2017
Development
GPA-69192 [PRJ-69087] - GENERAL PLAN AMENDMENT RELATED TO ZON-69193 - APPLICANT/OWNER: STEVE
DIMOULAS
4801 RICKY ROAD
03/02/17
GPA-69192 [PRJ-69087] - GENERAL PLAN AMENDMENT RELATED TO ZON-69193 - APPLICANT/OWNER: STEVE
DIMOULAS
4801 RICKY ROAD
03/02/17
GPA-69192 [PRJ-69087] - GENERAL PLAN AMENDMENT RELATED TO ZON-69193 - APPLICANT/OWNER: STEVE
DIMOULAS
4801 RICKY ROAD
03/02/17

GPA-69192 and ZON-69193


Agenda Item No.: 27.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - ZON-69193 - REZONING RELATED TO GPA-69192 - PUBLIC HEARING -
APPLICANT/OWNER: STEVE DIMOULAS - For possible action on a request for a Rezoning
FROM: R-E (RESIDENCE ESTATES) TO: C-1 (LIMITED COMMERCIAL) on 0.59 acres at
4801 Ricky Road (APN 138-12-710-092), Ward 5 (Barlow) [PRJ-69087]. Staff recommends
DENIAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 8 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
ZON-69193



ZON-69193


ZON-69193
W GO WA N RD

STAMPEDE CT
PARADA CIR
GOLDEN PA
LO MIN O LN

RANCHO REA PK WY
JAY AVE

CANTER DR
STABLE WAY

GOLDEN SAGE DR

SILVER BRIDLE PL
DAPPLE DR
CHESTNU T BLAZE DR

RICKY R D
THERESA WAY

N DECATUR BLVD

R-E SUBJECT
PROPERTY

DONNIE AVE

C-2

Zoning
FROM R-E TO C-1
U - (GPA Designation) R-2 - Medium-Low P-O - Professional Office C-M - Commercial/Industrial 1000' Buffer
Undeveloped Density Residential
R-3 - Medium Density N-S - Neighborhood Service M - Industrial
R-A - Ranch Acres City Limits
Residential
O - Office C-V - Civic
R-E - Residential Estates R-4 - High Density
Not City
R-D - Single-Family Residential C-D - Designed Commercial P-C - Planned Community
Residential-Restricted R-5 - Apartment Subject Property GIS maps are normally produced

R-PD - Residential C-1 - Limited Commercial T-D - Traditional Development only to meet the needs of the City.
R-MH - Mobile/Manufactured Due to continuous development activity
Planned Development Home Residence
this map is for reference only.
C-2 - General Commercial PD - Planned Development Geographic Inform ation System
R-1 - Single Family
R-MHP - Residential Mobile/ C-PB - Planned Business
Planning & Development Dept.
Residential T-C - Town Center
702-229-6301
Manufactured Home Park Park
R-CL - Single-Family Date: Wednesday, March 01, 2017
Compact-Lot P-R - Professional Offices
and Parking
Agenda Item No.: 28.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - VAR-70259 - VARIANCE - PUBLIC HEARING - APPLICANT: CONCRETE
SOLUTIONS - OWNER: JAIME 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-70051]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 4 Planning Commission Mtg. 2
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-70259, VAR-70472 and SDR-70261 [PRJ-70051]
2. Conditions and Staff Report - VAR-70259, VAR-70472 and SDR-70261 [PRJ-70051]
3. Supporting Documentation - VAR-70259, VAR-70472 and SDR-70261 [PRJ-70051]
4. Photo(s) - VAR-70259, VAR-70472 and SDR-70261 [PRJ-70051]
5. Justification Letter
6. Comments from Southern Nevada Health District - VAR-70259, VAR-70472 and SDR-
70261 [PRJ-70051]
7. Protest/Support Postcards for VAR-70259 and VAR-70472 [PRJ-70051]
VAR-70259, VAR-70472 and SDR-70261 [PRJ-70051]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: CONCRETE SOLUTIONS - OWNER: JAIME
AND REFUGIO ESPINOZA LOPEZ

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-70259 Staff recommends DENIAL, if approved subject to VAR-70472
conditions: SDR-70261
VAR-70472 Staff recommends DENIAL, if approved subject to VAR-70259
conditions: SDR-70261
SDR-70261 Staff recommends DENIAL, if approved subject to VAR-70259
conditions: VAR-70472

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 24

NOTICES MAILED 132 - VAR-70259 and VAR-70472


132 - SDR-70261

PROTESTS 4 - VAR-70259 and VAR-70472


4 - SDR-70261

APPROVALS 2 - VAR-70259 and VAR-70472


2 - SDR-70261

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VAR-70259, VAR-70472 and SDR-70261 [PRJ-70051]
Conditions Page One
September 12, 2017 - Planning Commission

** CONDITIONS **

VAR-70259 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Variance (VAR-


70472) and Site Development Plan Review (SDR-70261) 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.

Public Works

6. Sign and record a Covenant Running with Land Agreement for half street
improvements not constructed at this time on Balsam Street (including curb and
gutter, sidewalks, permanent paving and possibly fire hydrants). The Covenant
agreement must be recorded with the County Recorder and a copy of the recorded
document must be provided to the City prior to the issuance of off-site permits or
the recordation of a map, whichever may occur first.

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Conditions Page Two
September 12, 2017 - Planning Commission

VAR-70472 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Variance (VAR-


70259) and Site Development Plan Review (SDR-70261) 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.

SDR-70261 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Variance (VAR-


70259) and Variance (VAR070472) shall be required, if approved.

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

3. All development shall be in conformance with the site plan and landscape plan
date stamped 05/02/17, except as amended by conditions herein.

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Conditions Page Three
September 12, 2017 - Planning Commission

4. A Waiver from Title 19.08 is hereby approved, to allow a zero-foot landscape buffer
along the north, south, and west property line where eight feet is required.

5. A Waiver from Title 19.08 is hereby approved, to allow a zero-foot landscape buffer
along the east property line where 15 feet is required.

6. A Waiver from Title 19.08 is hereby approved, to allow an eight-foot tall chain link
fence with screening material along a portion of the north property line where an
eight-foot tall solid structure is required.

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

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

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


Landscape Architect, Residential Designer or Civil Engineer, must be submitted
prior to or at the same time application is made for a building permit. A permanent
underground sprinkler system is required, and shall be permanently maintained in
a satisfactory manner; the landscape plan shall include irrigation specifications.
Installed landscaping shall not impede visibility of any traffic control device. The
technical landscape plan shall include the following changes from the conceptual
landscape plan:
In accordance with Title 19.18, twenty-four inch box trees shall be a minimum of 8
feet in height, 6 feet in spread and 2 inch trunk caliper measured at 4 1/2 feet
above the soil line; palm trees shall have a minimum trunk height of 15 feet.

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

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

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Conditions Page Four
September 12, 2017 - Planning Commission

Public Works

12. Construct all incomplete public street improvements adjacent to this site meeting
current City Standards concurrent with development of this site. This condition will
be modified if VAR-70259 is approved.

13. This site shall abandon the Individual Sewage Disposal System (ISDS) according
to Southern Nevada Health District (SNHD) regulations and connect to the public
sewer in Balsam Street prior to the issuance of a certificate of occupancy for this
site.

14. Extend the public sewer along the frontage of this site in Balsam Street at a depth
and location acceptable to the Sanitary Sewer Planning Section of the Department
of Public Works.

15. 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 or the issuance of any building or
grading permits, whichever may occur first. Provide and improve all drainage ways
as recommended.

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Staff Report Page One
September 12, 2017 - Planning Commission

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request to allow the conversion of a 2,784 square-foot single family detached
residence to a Contractors Plant, Shop and Storage Yard at 4515 Balsam Street.

ISSUES

A Variance is requested to allow no sidewalk, curb, and gutter where existing half
street improvements including sidewalk, curb, and gutter exist directly to the south
and east of the subject site. Staff does not support this request.
A second Variance is requested to allow a 14-foot side yard setback where 50 feet is
required when adjacent to residentially zoned property and to allow outdoor storage
within the required setback areas. Staff does not support this request.
A Waiver is requested for no landscape buffer along all four edges of the subject
property to accommodate outdoor storage. Staff does not support this request.
A second Waiver is requested to allow an eight-foot tall chain link fence with
screening material along a portion of the north property line where a solid eight-foot
tall screen wall is required. Staff does not support this request.
The existing individual septic disposal system (ISDS) has been paved and used for
parking in violation of the ISDS permit.

ANALYSIS

The subject site is a single family detached dwelling constructed in 1972. In 2008, the
subject site was rezoned from R-E (Residence Estates) to M (Industrial) with 4505
Balsam Street in order to construct a 51,250 square-foot warehouse center with 18,100
square feet of office. In 2013 the subject site was granted land use entitlements to
convert the single family detached dwelling into a Contractors Plant, Shop and Storage
Yard, but the land use entitlements expired in 2015 prior to the issuance of a building
permit as required by Title 19.16.100(J)(2) which states, 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.

The existing structure is currently being used as a Contractors Plant, Shop and Storage
Yard, as the subject site was licensed in 2007 for a Contractor (C25-03647) use and
has remained active since the date of issuance.

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Staff Report Page Two
September 12, 2017 - Planning Commission

In order to legally convert the detached single family residence into a commercial use, a
Variance to allow a 14-foot side setback on the north side of the subject site is required,
as a minimum 50-foot setback is required when adjacent to residentially zoned property.
The adjacent property to the north is currently zoned R-E (Residence Estates) within
Clark County. In addition, the applicant is currently storing items within the required
setback areas. A Variance is also requested to allow the continuance of outdoor storage
within the required setback areas in violation of Title 19.08.040(E)(4)(e)(i) which states,
Outdoor Storage shall not be permitted within required setback areas, landscape buffer
yards or other required landscape areas, or parking spaces required to meet minimum
parking standards.

A second Variance has been requested to allow no sidewalk, curb, and gutter (half-
street improvements) where such is required. Directly south and east of the subject site
half street improvements including sidewalk, curb and gutter have been installed as
required by Title 19.04. Title 19.04 set forth requirements for achieving a connected
transportation system as outlined in the Citys General Plan to provide a safe and
accessible environment for a variety of transportation modes and users. 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. Varying from these standards does not provide a safe and
accessible environment for a variety of transportation modes and users. Currently, the
subject site has a paved front yard that offers no delineation between the subject site
and the public right-of-way. The lack of striped parking, a curb cut, and sidewalk creates
confusion for vehicular and pedestrian traffic.

The applicant has requested a Waiver to allow no landscape buffers in order to


accommodate outdoor storage in addition to a Waiver to allow for a portion of the north
perimeter screen wall to remain an eight-foot tall chain link fence with vinyl screening
material woven through it where Title 19.08 requires a solid eight-foot tall structure for
the screening of industrially zoned property when adjacent to residentially zoned
property. Landscape buffers are necessary to provide noise and visual screening for
neighboring properties. Due to the fact that the property directly north of the subject site
is residential, landscape buffers are necessary for the subject site and staff does not
support this request.

This subject parcel is currently not served by the Las Vegas Valley Water District
(LVVWD), but is currently served by a well that is permitted for residential use only.
According to LVVWD, the applicant will be required to satisfy the Division of Water
Resources and secure water rights for commercial use prior to issuing a building permit.
Unless the customer has non-revocable water rights, the State may also require them to
abandon the well and connect to the public water system since it is less than 100 feet
from the parcel.

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Staff Report Page Three
September 12, 2017 - Planning Commission

This site is currently connected to an individual septic disposal system (ISDS), which was
constructed for a single family dwelling and has since been paved over and continuously
driven and parked upon by both passenger and commercial vehicles of varying weights.
The applicant has requested to not connect to the public sewer system and continue to
use the existing individual septic disposal system (ISDS). In conversations with the
Southern Nevada Health District Environmental Health Division, once an ISDS has been
paved over and driven on, it has likely failed and should not be used any further. Also, the
planned development shows the area over the ISDS to continue to be covered with
pavement; this will also not allow the existing septic system to function properly. The
Southern Nevada Health District Environmental Health Division has indicated to City staff
that a permit to continue to use the individual septic disposal system (ISDS) will not be
granted. The applicant will be required by the Public Works Department to connect to the
public sewer that is planned in the Balsam Street right-of-way.

The subject site is on the west side of an existing cul-de-sac that has seen recent
commercial development on the east side of the cul-de-sac. Staff does not support the
Variance request to not require half-street improvements when the remaining
commercial properties adjacent to this cul-de-sac have provided the necessary half-
street improvements including curb, sidewalk, and gutter. Additionally, three residential
homes exist north of the subject site on the west side of Balsam Street. Staff does not
support the requested Waivers to not provide landscape buffers, or appropriate
screening to the north, as the lack of these elements will legalize a commercial property
that is not compatible or harmonious with the existing residential uses in the immediate
area. Staff is recommending denial of all applications.

FINDINGS (VAR-70259)

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


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

Additionally, Title 19.16.140(L) states:


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

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Staff Report Page Four
September 12, 2017 - Planning Commission

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 the conversion of a
residential property to commercial property without the required sidewalk, curb, and
gutter. Constructing the required sidewalk, curb, and gutter would allow conformance to
the Title 19 requirements for commercial development. 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-70472)

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by storing items within the required
setback areas and landscape buffers. Not storing items within these required setback
and landscape buffer areas 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.

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Staff Report Page Five
September 12, 2017 - Planning Commission

FINDINGS (SDR-70261)

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

1. The proposed development is compatible with adjacent development and


development in the area;

Existing commercial developments to the south and the east of the subject site
have installed landscape buffers and half street improvements, including curb,
gutter, and sidewalk. The applicant is requesting a Variance to not provide the
required half-street improvements, and Waivers to allow no landscape buffers,
making it not compatible with the existing residential and commercial development
in the area.

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

The proposed development is not in compliance with Title 19 Standards, as a


Waiver has been requested to allow no landscape buffers along all four property
lines, and to allow a portion of the north property line to be screened by an eight-
foot tall chain link fence with mesh where a solid eight-foot tall structure is
required. In addition, the proposed development does not meet the minimum
development standards set forth by Title 19.08 for the M (Industrial) zoning district.

3. Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;

The lack of curb, gutter, and sidewalk negatively impacts neighborhood traffic as
there is no defined entrance and exit to the subject site. In addition, the lack of
sidewalk creates a conflict between pedestrians and vehicles as there is no
defined right-of-way.

4. Building and landscape materials are appropriate for the area and for the
City;

The subject site is an existing single family residence constructed of materials


appropriate for the area and the City.

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Staff Report Page Six
September 12, 2017 - Planning Commission

5. Building elevations, design characteristics and other architectural and


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

The subject site is a single family residential structure being used for commercial
purposes. The entire front, side, and a portion of the rear yards have been paved,
allowing for no landscape buffer and trees. While the architectural features of the
single family home is not obnoxious or unsightly, the site itself does not create an
orderly or aesthetically pleasing environment, since there are no landscape buffer
areas and only very minimal planters. With the entire front and side yard being
paved, and no curb, gutter, or sidewalk, there is no delineation between private
property and the public right-of-way, creating confusion for all modes of traffic,
including vehicular and pedestrian. This is not harmonious or compatible with the
existing commercial development in the area that has provided the required curb,
gutter, and sidewalk.

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

The conversion of the subject single family residence to a commercial use will
require building permits and regular inspections during the conversion process,
thus protecting the publics health, safety, and general welfare.

BACKGROUND INFORMATION

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


The City Council approved a Petition to Annex (ANX-23639) property
12/19/07 at 4515 Balsam Street. The Planning Commission and staff
recommended approval.
The City Council approved a request to amend a portion of the
Centennial Hills Sector Plan of the General Plan (GPA-28388) from O
(Office) to LI/R (Light Industrial/Research) on 5.62 acres at 4505 and
4515 Balsam Street. The Planning Commission recommended
approval, staff recommended denial.
The City Council approved a request for a Rezoning (ZON-28389)
08/20/08
from R-E (Residence Estates) and U (Undeveloped) [O (Office)
General Plan Designation] to C-PB (Planned Business Park) and M
(Industrial) on 5.62 acres at 4505 and 4515 Balsam Street, 4491 North
Rainbow Boulevard; and 2.39 acres 300 feet south of Red Coach
Avenue on Balsam Street. The Planning Commission recommended
approval, staff recommended denial.

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Staff Report Page Seven
September 12, 2017 - Planning Commission

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


The City Council approved a request for a Variance (VAR-28392) to
allow a 4.62 acre C-PB (Planned Business Park) Zoning District where
20 acres is the minimum site area required and to allow a 10-foot side
setback where 50 feet is required for an M (Industrial) District located
adjacent to a Residential District on 5.62 acres at 4505 and 4515
Balsam Street, 4491 North Rainbow Boulevard; and 2.39 acres 300
feet south of Red Coach Avenue on Balsam Street. The Planning
Commission recommended approval, staff recommended denial.
The City Council approved a request for a Site Development Plan
08/20/08
Review (SDR-28390) for a proposed 51,250 square-foot warehouse
center with 18,100 square feet of office with Waivers to allow a 10-foot
landscape buffer on the eastern property line where 15 feet is required
and a zero-foot landscape buffer on the western and portions of the
southern property line where eight feet is required on 5.62 acres at
4505 and 4515 Balsam Street, 4491 North Rainbow Boulevard; and
2.39 acres 300 feet south of Red Coach Avenue on Balsam Street.
The Planning Commission recommended approval, staff
recommended denial.
Code Enforcement processed a complaint (#62799) for business
activity (paving business), trucks being parked on the property, and
02/27/08
people coming and going at 4515 Balsam Street. The case was
resolved on 09/04/08.
Code Enforcement processed a complaint (#63537) for a paving
business being run out of a home with commercial tractor/trailers
03/18/08
parked in the back of the home at 4515 Balsam Street. The case was
resolved on 03/21/08.
Code Enforcement processed a complaint (#69510) for a paving
business being run out of a home, commercial tractors/trailers parked
09/08/08
in the back of the home at 4515 Balsam Street. The case was resolved
on 09/10/08.
Code Enforcement processed a complaint (#74599) for a business
02/17/09 being run out of a home with equipment and vehicles being parked on
dirt lots at 4515 Balsam Street. The case was resolved on 10/20/10.
Code Enforcement processed a complaint (#97730) for the building
being too close to the property line, parking on the neighbors property,
02/01/11
and asphalt trucks being parked on the property behind at 4515
Balsam Street. The case was resolved on 02/02/11.
Code Enforcement processed a complaint (#105714) for a semi
09/13/11 parked on the property at 4515 Balsam Street. The case was resolved
on 03/05/12.

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Staff Report Page Eight
September 12, 2017 - Planning Commission

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


Code Enforcement processed a complaint (#121399) for an unpaved
10/24/12
parking lot at 4515 Balsam Street. The case remains open.
The Planning Commission approved a request for 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 the 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. Staff recommended denial. The land use
entitlement expired on 06/11/16.
The Planning Commission approved a request for 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.
06/11/13
Staff recommended denial. The land use entitlement expired on
06/11/16.
The Planning Commission approved a request for a Site Development
Plan Review (SDR-48826) for the conversion of an existing 2,784
square-foot single family residence to a Contractors 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. Staff recommended denial. The land use
entitlement expired on 06/11/16.
The Planning Commission approved a request for an Extension of
Time (EOT-59116) of an approved 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 the
setback and landscape buffer areas, and to allow an existing seven-
foot chain link fence with mesh screening where a solid structure or
06/09/15 wall of eight feet is required on 0.61 acres at 4515 Balsam Street. Staff
recommended approval. The land use entitlement expired on 06/11/16.
The Planning Commission approved a request for an Extension of
Time (EOT-59115) of an approved Variance (VAR-48837) 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. Staff
recommended approval. The land use entitlement expired on 06/11/16.

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September 12, 2017 - Planning Commission

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


The Planning Commission approved a request for an Extension of
Time (EOT-59059) of an approved Site Development Plan Review
(SDR-48826) for the conversion of an existing 2,784 square-foot single
family residence to a Contractors Plant, Shop and Storage Yard Office
with Waivers of perimeter landscape buffer standards to allow zero
06/09/15
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.
Staff recommended approval. The land use entitlement expired on
06/11/16.
The City Council approved a request for a Review of Condition (ROC-
59058) 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
08/05/15
disposal system (ISDS) according to SNHD regulations prior to the
issuance of a certificate of occupancy for this site 0.61 acres at 4515
Balsam Street. The Planning Commission recommended approval,
staff recommended denial. The land use entitlement expired on
06/11/16.
The City Council approved a request for a Variance (VAR-59057) to
allow no sidewalk curb and gutter, where such are required 0.61 acres
at 4515 Balsam Street. The Planning Commission and staff
recommended denial. The land use entitlement will expire on 08/05/17.
The Planning Commission voted (7-0) to hold VAR-70259, VAR-70472
06/13/17 and SDR-70261 [PRJ-70051] in abeyance to the July 11, 2017
Planning Commission meeting.
The Planning Commission voted (6-0) to hold VAR-70259, VAR-70472
07/1117 and SDR-70261 [PRJ-70051] in abeyance to the September 12, 2017
Planning Commission meeting.

Most Recent Change of Ownership


06/28/12 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A Business license (C25-03647) was issued for a contractor at 4515
10/22/07
Balsam Street. The license is active as of 05/30/17.

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Staff Report Page Ten
September 12, 2017 - Planning Commission

Related Building Permits/Business Licenses


A building permit (#245332) was issued for an investigation inspection
09/23/13
at 4515 Balsam Street.
A Business license (C25-04452) was issued for a contractor at 4515
10/29/13
Balsam Street. The license is active as of 05/30/17.
A building permit (#257981) was issued for a CMU (Concrete Masonry
04/09/14 Unit) at 4515 Balsam Street. The permit received its final inspection on
01/05/15.
A building permit application (#54468) was submitted for the
06/09/14 conversion of a single family residence to an office with on-sites at
4515 Balsam Street. The application remains in review status.

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
04/18/17 requirements for a Variance and Site Development Plan Review were
discussed.

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

Field Check
During a routine field check, staff observed the subject site where the
existing conditions were documented by staff:
There is no sidewalk, curb or gutter. There is no delineation
between the public right-of-way and private property.
Vehicles are parked haphazardly since there is no parking lot
05/04/17
striping.
Outdoor storage is occurring within the front yard area (trailers,
dirt, storage container, etc.).
The trash receptacle was located in the public right-of-way.

Details of Application Request


Site Area
Net Acres 0.61

NE
VAR-70259, VAR-70472 and SDR-70261 [PRJ-70051]
Staff Report Page Eleven
September 12, 2017 - Planning Commission

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Contractors Plant,
Subject LI/R (Light
Shop & Storage M (Industrial)
Property Industrial/Research)
Yard
OP (Office
Single Family, R-E (Rural Estates)
North Professional) Clark
Detached Clark County
County
Contractors Plant,
LI/R (Light
South Shop & Storage M (Industrial)
Industrial/Research)
Yard
Public or Private
LI/R (Light C-PB (Planned
East School, Primary
Industrial/Research) Business Park)
and Secondary
West US-95 Right-of-Way Right-of-Way

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Purpose and Overlay Districts Compliance
A-O (Airport Overlay) District - 175 Feet Y
Other Plans or Special Requirements Compliance
Centennial Hills Sector Plan Y
Northwest Open Space Plan Y
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

NE
VAR-70259, VAR-70472 and SDR-70261 [PRJ-70051]
Staff Report Page Twelve
September 12, 2017 - Planning Commission

DEVELOPMENT STANDARDS

Pursuant to 19.08, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Width 100 Feet 85 Feet N*
Min. Setbacks
Front 10 Feet 72 Feet Y
Side 50 Feet 14 Feet N**
Corner 10 Feet N/A N/A
Rear 0 Feet 209 Feet Y
Residential Adjacency
Max. Building Height 13.5 Feet Y
30 Feet
Screened, Gated, w/ a By By
Trash Enclosure
Roof or Trellis Condition Condition
By By
Mech. Equipment Screened
Condition Condition
*Rezoning (ZON-28389) approved on 08/20/08 allowed a lot width of 85 feet where 100
feet is required.
**When property zoned M (Industrial) is adjacent to residentially zoned property, a 50-
foot setback is required. A Variance has been requested to allow a 14-foot side setback
from the residentially zoned property to the north.

Residential Adjacency Standards Required/Allowed Provided Compliance


3:1 proximity slope 41 Feet 92 Feet Y
Trash Enclosure 50 Feet 125 Feet Y

Pursuant to Title 19.08, the following standards apply:


Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees
Buffer Trees:
North 1 Tree / 20 Linear Feet 12 Trees 0 Trees N*
South 1 Tree / 20 Linear Feet 17 Trees 0 Trees N*
East 1 Tree / 20 Linear Feet 5 Trees 0 Trees N*
West 1 Tree / 30 Linear Feet 3 Trees 0 Trees N*
TOTAL PERIMETER TREES 37 Trees 0 Trees N*

NE
VAR-70259, VAR-70472 and SDR-70261 [PRJ-70051]
Staff Report Page Thirteen
September 12, 2017 - Planning Commission

Landscaping and Open Space Standards


Standards Required Provided Compliance
Ratio Trees
1 Tree / 6 Uncovered
Parking Area Spaces, plus 1 tree at the
3 Trees 8 Trees Y
Trees end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North 8 Feet 0 Feet N*
South 8 Feet 0 Feet N*
East 15 Feet 0 Feet N*
West 8 Feet 0 Feet N*
Combination N**
eight-foot
tall solid
block wall
8-Foot Tall Solid Screen Wall/Structure
Wall Height and chain
Adjacent to Residential
link fencing
with
screening
material.
*A Waiver is requested to allow no landscape buffers along all four property lines.
**A Waiver has been requested to allow the chain link portion of the screen wall to remain.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Balsam Street Local Title 13 43 N*
*The applicant is requesting a Variance to not construct the sidewalk, curb, and gutter.

NE
VAR-70259, VAR-70472 and SDR-70261 [PRJ-70051]
Staff Report Page Fourteen
September 12, 2017 - Planning Commission

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Floor Required Provided Compliance
Area or Parking Parking
Use Parking
Number of Ratio Handi- Handi-
Regular Regular
Units capped capped
Contractors
Plant, Shop
2,784 SF 1:500 6
& Storage
Yard
TOTAL SPACES REQUIRED 6 6 Y*
Regular and Handicap Spaces Required 5 1 5 1 Y*
*Seven parking spaces are demonstrated on the site plan, but an existing planter makes one
of the parking spaces not usable.

Waivers
Requirement Request Staff Recommendation
To allow a zero-foot
Eight-foot wide landscape landscape buffer
buffer along the north, south, along the north, Denial
and west property line. south, and west
property line.
To allow a zero-foot
Fifteen-foot wide landscape
landscape buffer
buffer along the east property Denial
along the east
line.
property line.
To allow an eight-foot
tall chain link fence
An eight-foot tall screening
with screening
structure along the north Denial
material along a
property line.
portion of the north
property line.

NE
VAR-70259



VAR-70259

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VAR-70259, VAR-70472 and SDR-70261
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VAR-70259, VAR-70472 and SDR-70261


VAR-70259 [PRJ-70051] - VARIANCE RELATED TO VAR-70472 AND SDR-70261 - APPLICANT: CONCRETE
SOLUTIONS - OWNER: JAIME AND REFUGIO ESPINOZA LOPEZ
4515 BALSAM STREET
05/04/2017
VAR-70259 [PRJ-70051] - VARIANCE RELATED TO VAR-70472 AND SDR-70261 - APPLICANT: CONCRETE
SOLUTIONS - OWNER: JAIME AND REFUGIO ESPINOZA LOPEZ
4515 BALSAM STREET
05/04/2017
VAR-70259 [PRJ-70051] - VARIANCE RELATED TO VAR-70472 AND SDR-70261 - APPLICANT: CONCRETE
SOLUTIONS - OWNER: JAIME AND REFUGIO ESPINOZA LOPEZ
4515 BALSAM STREET
05/04/2017
VAR-70259 [PRJ-70051] - VARIANCE RELATED TO VAR-70472 AND SDR-70261 - APPLICANT: CONCRETE
SOLUTIONS - OWNER: JAIME AND REFUGIO ESPINOZA LOPEZ
4515 BALSAM STREET
05/04/2017
VAR-70259 [PRJ-70051] - VARIANCE RELATED TO VAR-70472 AND SDR-70261 - APPLICANT: CONCRETE
SOLUTIONS - OWNER: JAIME AND REFUGIO ESPINOZA LOPEZ
4515 BALSAM STREET
05/04/2017
VAR-70259 [PRJ-70051] - VARIANCE RELATED TO VAR-70472 AND SDR-70261 - APPLICANT: CONCRETE
SOLUTIONS - OWNER: JAIME AND REFUGIO ESPINOZA LOPEZ
4515 BALSAM STREET
05/04/2017
VAR-70259 [PRJ-70051] - VARIANCE RELATED TO VAR-70472 AND SDR-70261 - APPLICANT: CONCRETE
SOLUTIONS - OWNER: JAIME AND REFUGIO ESPINOZA LOPEZ
4515 BALSAM STREET
05/04/2017
VAR-70259 [PRJ-70051] - VARIANCE RELATED TO VAR-70472 AND SDR-70261 - APPLICANT: CONCRETE
SOLUTIONS - OWNER: JAIME AND REFUGIO ESPINOZA LOPEZ
4515 BALSAM STREET
05/04/2017
VAR-70259 [PRJ-70051] - VARIANCE RELATED TO VAR-70472 AND SDR-70261 - APPLICANT: CONCRETE
SOLUTIONS - OWNER: JAIME AND REFUGIO ESPINOZA LOPEZ
4515 BALSAM STREET
05/04/2017

VAR-70259

VAR-70259

VAR-70259, VAR-70472 and SDR-70261


Agenda Item No.: 29.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - VAR-70472 - VARIANCE RELATED TO VAR-70259 - PUBLIC HEARING -
APPLICANT: CONCRETE SOLUTIONS - OWNER: JAIME AND REFUGIO ESPINOZA
LOPEZ - For possible action on a request for a Variance TO ALLOW A TEN-FOOT SIDE
SETBACK WHERE 50 FEET IS REQUIRED, AND TO ALLOW EXISTING OUTDOOR
STORAGE WITHIN THE REQUIRED SIDE YARD SETBACK AREA on 0.61 acres at 4515
Balsam Street (APN 138-03-602-007), M (Industrial) Zone, Ward 4 (Anthony) [PRJ-70051].
Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 4 Planning Commission Mtg. 2
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Justification Letter - VAR-70472 and SDR-70261 [PRJ-70051]
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAR-70472



VAR-70472

VAR-70472 and SDR-70261



VAR-70472 and SDR-70261


Agenda Item No.: 30.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - SDR-70261 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-
70259 AND VAR-70472 - PUBLIC HEARING - APPLICANT: CONCRETE SOLUTIONS -
OWNER: JAIME AND REFUGIO ESPINOZA LOPEZ - For possible action on a request for a
Site Development Plan Review FOR THE CONVERSION OF AN EXISTING 2,784 SQUARE-
FOOT SINGLE-FAMILY RESIDENCE TO A CONTRACTOR''S PLANT, SHOP AND
STORAGE YARD WITH WAIVERS OF PERIMETER LANDSCAPE BUFFER
STANDARDS TO ALLOW ZERO FEET ALONG THE NORTH, SOUTH, AND WEST
PROPERTY LINES WHERE EIGHT FEET IS REQUIRED, AND TO ALLOW ZERO FEET
ALONG THE EAST PROPERTY LINE WHERE 15 FEET IS REQUIRED AND TO ALLOW
AN EIGHT-FOOT TALL CHAIN LINK FENCE WITH SCREENING ALONG A PORTION
OF THE NORTH PROPERTY LINE WHERE AN EIGHT-FOOT TALL SOLID STRUCTURE
IS REQUIRED FOR SCREENING on 0.61 acres at 4515 Balsam Street (APN 138-03-602-007),
M (Industrial) Zone, Ward 4 (Anthony) [PRJ-70051]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 4 Planning Commission Mtg. 2
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest/Support Postcards
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
SDR-70261



SDR-70261


Agenda Item No.: 31.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - VAR-70276 - 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-70049]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 4 Planning Commission Mtg. 2
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-70276, VAR-70277 and SDR-70279 [PRJ-70049]
2. Conditions and Staff Report - VAR-70276, VAR-70277 and SDR-70279 [PRJ-70049]
3. Supporting Documentation - VAR-70276, VAR-70277 and SDR-70279 [PRJ-70049]
4. Photo(s) - VAR-70276, VAR-70277 and SDR-70279 [PRJ-70049]
5. Justification Letter - VAR-70276, VAR-70277 and SDR-70279 [PRJ-70049]
6. Comments from Southern Nevada Health District - VAR-70276, VAR-70277 and SDR-
70279 [PRJ-70049]
7. Protest/Support Postcards for VAR-70276 and VAR-70277 [PRJ-70049]
VAR-70276, VAR-70277 and SDR-70279 [PRJ-70049]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: SOUTHWEST SPECIALTIES, INC. - OWNER:
PRESTIGE WORLDWIDE, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-70276 Staff recommends DENIAL, if approved subject to VAR-70277
conditions: SDR-70279
VAR-70277 Staff recommends DENIAL, if approved subject to VAR-70276
conditions: SDR-70279
SDR-70279 Staff recommends DENIAL, if approved subject to VAR-70276
conditions: VAR-70277

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 24

NOTICES MAILED 141 - VAR-70276 and VAR-70277


141 - SDR-70279

PROTESTS 4 - VAR-70276 and VAR-70277


4 - SDR-70279

APPROVALS 2 - VAR-70276 and VAR-70277


2 - SDR-70279

NE
VAR-70276, VAR-70277 and SDR-70279 [PRJ-70049]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-70276 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Variance (VAR-


70277) and Site Development Plan Review (SDR-70279) 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.

Public Works

6. Sign and record a Covenant Running with Land Agreement for half street
improvements not constructed at this time on Balsam Street (including curb and
gutter, sidewalks, permanent paving and possibly fire hydrants). The Covenant
agreement must be recorded with the County Recorder and a copy of the recorded
document must be provided to the City prior to the issuance of off-site permits or
the recordation of a map, whichever may occur first.

NE
VAR-70276, VAR-70277 and SDR-70279 [PRJ-70049]
Conditions Page Two
September 12, 2017 - Planning Commission Meeting

VAR-70277 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Variance (VAR-


70276) and Site Development Plan Review (SDR-70279) 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.

SDR-70279 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Variance (VAR-


70276) and Variance (VAR-70277) shall be required, if approved.

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

3. All development shall be in conformance with the site plan, landscape plan, and
building elevations, date stamped 05/02/17, except as amended by conditions
herein.

NE
VAR-70276, VAR-70277 and SDR-70279 [PRJ-70049]
Conditions Page Three
September 12, 2017 - Planning Commission Meeting

4. A Waiver from Title19.08 is hereby approved, to allow a zero-foot landscape buffer


along the south, west, and a portion of the north property line where eight feet is
required; and to allow a zero-foot landscape buffer along the east property line
where 15 feet is required.

5. An Exception from Title 19.08 is hereby approved, to allow no trees within the
landscape buffer areas where one 24-inch box tree every 20 linear feet is required;
and to allow no landscape islands with trees at the end of each row of parking
spaces where such is required.

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

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

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


Landscape Architect, Residential Designer or Civil Engineer, must be submitted
prior to or at the same time application is made for a building permit. A permanent
underground sprinkler system is required, and shall be permanently maintained in
a satisfactory manner; the landscape plan shall include irrigation specifications.
Installed landscaping shall not impede visibility of any traffic control device. The
technical landscape plan shall include the following changes from the conceptual
landscape plan:
In accordance with Title 19.18, twenty-four inch box trees shall be a minimum of 8
feet in height, 6 feet in spread and 2 inch trunk caliper measured at 4 1/2 feet
above the soil line; palm trees shall have a minimum trunk height of 15 feet.

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

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

Public Works

11. Construct all incomplete public street improvements adjacent to this site meeting
current City Standards concurrent with development of this site. This condition will
be modified if VAR-70276 is approved.

NE
VAR-70276, VAR-70277 and SDR-70279 [PRJ-70049]
Conditions Page Four
September 12, 2017 - Planning Commission Meeting

12. This site shall abandon the Individual Sewage Disposal System (ISDS) according
to Southern Nevada Health District (SNHD) regulations and connect to the public
sewer in Balsam Street prior to the issuance of a certificate of occupancy for this
site.

13. Extend the public sewer along the frontage of this site in Balsam Street at a depth
and location acceptable to the Sanitary Sewer Planning Section of the Department
of Public Works.

14. All landscaping and private improvements installed with this project shall be
situated and maintained so as to not create sight visibility obstructions for vehicular
traffic at all development access drives and abutting street intersections.

15. Meet with the Flood Control Section of the Department of Public Works for
assistance with establishing finished floor elevations and drainage paths for this
site prior to submittal of construction plans or the issuance of any building or
grading permits, whichever may occur first. Provide and improve all drainage ways
as recommended.

NE
VAR-70276, VAR-70277 and SDR-70279 [PRJ-70049]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request to allow the conversion of a 2,092 square-foot single family detached
residence to a Contractors Plant, Shop and Storage Yard at 4505 Balsam Street.

ISSUES

A Variance is requested to allow no sidewalk, curb, and gutter where existing half
street improvements including sidewalk, curb, and gutter exist directly to the south
and east of the subject site. Staff does not support this request.
A second Variance is requested to allow outdoor storage within the required setback
areas. Staff does not support this request.
A Waiver is requested for no landscape buffers along the east, west, and south
property lines; and a portion of the north property line to accommodate outdoor
storage. Staff does not support this request.
An Exception is requested to allow no landscape islands with trees at the end of
each row of parking spaces where such is required; and to allow no trees within the
existing portion of the landscape buffer along the north property line. Staff does not
support either request.
The existing individual septic disposal system (ISDS) has been paved and used for
parking in violation of the ISDS permit.

ANALYSIS

The subject site is a single family detached dwelling constructed in 1966. In 2008, the
subject site was rezoned from R-E (Residence Estates) to M (Industrial) with 4515
Balsam Street in order to construct a 51,250 square-foot warehouse center with 18,100
square feet of office. In 2013 the subject site was granted land use entitlements to
convert the single family detached dwelling into a Contractors Plant, Shop and Storage
Yard, but the land use entitlements expired in 2015 prior to the issuance of a building
permit as required by Title 19.16.100(J)(2) which states, 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.

The existing structure is currently being used as a Contractors Plant, Shop and Storage
Yard, as the subject site was licensed in 2008 for a Contractor (C25-01707) use and
has remained active since the date of issuance.

NE
VAR-70276, VAR-70277 and SDR-70279 [PRJ-70049]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

Currently, the applicant is storing items within the required setback areas in violation of
Title 19.08.040(E)(4)(e)(i) which states, Outdoor Storage shall not be permitted within
required setback areas, landscape buffer yards or other required landscape areas, or
parking spaces required to meet minimum parking standards. The applicant is
requesting a Variance to allow the outdoor storage to remain within the setback areas.

A second Variance has been requested to allow no sidewalk, curb, and gutter (half-
street improvements) where such is required. Directly south, and adjacent to the subject
site on the east, half street improvements including sidewalk, curb and gutter have been
installed as required by Title 19.04. Title 19.04 set forth requirements for achieving a
connected transportation system as outlined in the Citys General Plan to provide a safe
and accessible environment for a variety of transportation modes and users. 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. Varying from these standards does not provide a safe and
accessible environment for a variety of transportation modes and users. Currently, the
subject site has a paved front yard that offers no delineation between the subject site
and the public right-of-way. The lack of a curb cut, and sidewalk creates confusion for
vehicular and pedestrian traffic.

The applicant has also requested a Waiver to allow no landscape buffers along the
south, east, west, and a portion of the north property line in order to accommodate
outdoor storage in those areas. Landscape buffers are necessary to provide noise and
visual screening for neighboring properties. Due to the fact that property north of the
subject site is residential, landscape buffers are necessary for the subject site and staff
does not support this request.

This subject parcel is currently not served by the Las Vegas Valley Water District
(LVVWD), but is currently served by a well that is permitted for residential use only.
According to LVVWD, the applicant will be required to satisfy the Division of Water
Resources and secure water rights for commercial use prior to issuing a building permit.
Unless the customer has non-revocable water rights, the State may also require them to
abandon the well and connect to the public water system since it is less than 100 feet
from the parcel.

This site is currently connected to an individual septic disposal system (ISDS), which
was constructed for a single family dwelling and has since been paved over and
continuously driven and parked upon by both passenger and commercial vehicles of
varying weights. The applicant has requested to not connect to the public sewer system
and continue to use the existing individual septic disposal system (ISDS). In
conversations with the Southern Nevada Health District Environmental Health Division,
once an ISDS has been paved over and driven on, it has likely failed and should not be
used any further. Also, the planned development shows the area over the ISDS to

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Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

continue to be covered with pavement; this will also not allow the existing septic system
to function properly. The Southern Nevada Health District Environmental Health Division
has indicated to City staff that a permit to continue to use the individual septic disposal
system (ISDS) will not be granted. The applicant will be required by the Public Works
Department to connect to the public sewer that is planned in the Balsam Street right-of-
way.

The subject site is on the west side of an existing cul-de-sac that has seen recent
commercial development on the east side of the cul-de-sac. Staff does not support the
Variance request to not require half-street improvements when the remaining
commercial properties adjacent to this cul-de-sac have provided the necessary half-
street improvements including curb, sidewalk, and gutter. Additionally, three residential
homes exist north of the subject site on the west side of Balsam Street. Staff does not
support the requested Waiver to not provide landscape buffers, as the lack of these
elements will legalize a commercial property that is not compatible or harmonious with
the existing residential uses in the immediate area. Staff is recommending denial of all
applications.

FINDINGS (VAR-70276)

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by proposing the conversion of a

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September 12, 2017 - Planning Commission Meeting

residential property to commercial property without the required sidewalk, curb, and
gutter. Constructing the required sidewalk, curb, and gutter would allow conformance to
the Title 19 requirements for commercial development. 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-70277)

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by storing items within the required
setback areas and landscape buffers. Not storing items within these required setback
and landscape buffer areas would allow conformance to the Title 19 requirements. In
view of the absence of any hardships imposed by the sites physical characteristics, it is
concluded that the applicants hardship is preferential in nature, and it is thereby outside
the realm of NRS Chapter 278 for granting of Variances.

FINDINGS (SDR-70279)

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:

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1. The proposed development is compatible with adjacent development and


development in the area;

Existing commercial developments to the south and the east of the subject site
have installed landscape buffers and half street improvements, including curb,
gutter, and sidewalk. The applicant is requesting a Variance to not provide the
required half-street improvements, and Waivers to allow no landscape buffers,
making it not compatible with the existing residential and commercial development
in the area.

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

The proposed development is not in compliance with Title 19 Standards, as a


Waiver has been requested to allow no landscape buffers along the east, west,
south property lines; and along a portion of the north property line. In addition, the
proposed development does not meet the minimum development standards set
forth by Title 19.08 for the M (Industrial) zoning district.

3. Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;

The lack of curb, gutter, and sidewalk negatively impacts neighborhood traffic as
there is no defined entrance and exit to the subject site. In addition, the lack of
sidewalk creates a conflict between pedestrians and vehicles as there is no
defined right-of-way.

4. Building and landscape materials are appropriate for the area and for the
City;

The subject site is an existing single family residence constructed of materials


appropriate for the area and the City.

5. Building elevations, design characteristics and other architectural and


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

The subject site is a single family residential structure being used for commercial
purposes. The entire front, side, and a portion of the rear yards have been paved,
allowing for no landscape buffer and trees. While the architectural features of the
single family home is not obnoxious or unsightly, the site itself does not create an

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Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

orderly or aesthetically pleasing environment, since there are no landscape buffer


areas and only very minimal planters. With the entire front and side yard being
paved, and no curb, gutter, or sidewalk, there is no delineation between private
property and the public right-of-way, creating confusion for all modes of traffic,
including vehicular and pedestrian. This is not harmonious or compatible with the
existing commercial development in the area that has provided the required curb,
gutter, and sidewalk.

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

The conversion of the subject single family residence to a commercial use will
require building permits and regular inspections during the conversion process,
thus protecting the publics health, safety, and general welfare.

BACKGROUND INFORMATION

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


The City Council approved a Petition to Annex (ANX-23635) property
12/19/07 at 4505 Balsam Street. The Planning Commission and staff
recommended approval.
Code Enforcement processed a complaint (#63536) for a construction
03/18/08 business being run from 4505 Balsam Street. The case was resolved
on 03/21/08.
The City Council approved a request to amend a portion of the
Centennial Hills Sector Plan of the General Plan (GPA-28388) from O
(Office) to LI/R (Light Industrial/Research) on 5.62 acres at 4505 and
4515 Balsam Street. The Planning Commission recommended
approval, staff recommended denial.
The City Council approved a request for a Rezoning (ZON-28389)
08/20/08
from R-E (Residence Estates) and U (Undeveloped) [O (Office)
General Plan Designation] to C-PB (Planned Business Park) and M
(Industrial) on 5.62 acres at 4505 and 4515 Balsam Street, 4491 North
Rainbow Boulevard; and 2.39 acres 300 feet south of Red Coach
Avenue on Balsam Street. The Planning Commission recommended
approval, staff recommended denial.
The City Council approved a request for a Variance (VAR-28392) to
allow a 4.62 acre C-PB (Planned Business Park) Zoning District where
20 acres is the minimum site area required and to allow a 10-foot side
setback where 50 feet is required for an M (Industrial) District located

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September 12, 2017 - Planning Commission Meeting

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


adjacent to a Residential District on 5.62 acres at 4505 and 4515
Balsam Street, 4491 North Rainbow Boulevard; and 2.39 acres 300
feet south of Red Coach Avenue on Balsam Street. The Planning
Commission recommended approval, staff recommended denial.
The City Council approved a request for a Site Development Plan
Review (SDR-28390) for a proposed 51,250 square-foot warehouse
center with 18,100 square feet of office with Waivers to allow a 10-foot
landscape buffer on the eastern property line where 15 feet is required
and a zero-foot landscape buffer on the western and portions of the
southern property line where eight feet is required on 5.62 acres at
4505 and 4515 Balsam Street, 4491 North Rainbow Boulevard; and
2.39 acres 300 feet south of Red Coach Avenue on Balsam Street.
The Planning Commission recommended approval, staff
recommended denial.
Code Enforcement processed a complaint (#74601) for a business
02/17/09 being run from 4505 Balsam Street with equipment and vehicles being
parked on an unpaved (dirt) lot. The case was resolved on 09/13/10.
Code Enforcement processed a complaint (#105888) for a business
09/19/11 being run from 4505 Balsam Street. The case was resolved on
09/26/11.
Code Enforcement processed a complaint (#109296) for semi-trucks
01/11/12 and construction equipment being parked in the street at 4505 Balsam
Street. The case was resolved on 01/12/12.
Code Enforcement processed a complaint (#121398) for an unpaved
10/24/12
parking lot at 4505 Balsam Street. The case is open as of 06/01/17.
The Planning Commission approved a request for a Variance (VAR-
50574) to allow existing outdoor storage within the required side yard
setback and landscape buffer areas on 0.62 acres at 4505 Balsam
Street. Staff recommended denial. The land use entitlement expired on
09/10/15.
The Planning Commission approved a request for a Site Development
Plan Review (SDR-50483) for the conversion of an existing 2,092
09/10/13
square-foot single family residence to a Contractors Plant, Shop and
Storage Yard Office with Waivers of perimeter landscape buffer
standards to allow zero-foot buffers along the south and a portion of
the north property lines where eight feet is required and a zero-foot
buffer along the east property line where 15 feet is required on 0.62
acres at 4505 Balsam Street. Staff recommended denial. The land use
entitlement expired on 09/10/15.

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September 12, 2017 - Planning Commission Meeting

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


The City Council approved a request for a Variance (VAR-59053) to
allow no sidewalk, curb and gutter where such are required on 0.62
acres at 4505 Balsam Street. The Planning Commission and staff
recommended denial. The land use entitlement expires on 08/05/17.
The City Council approved a request for a Review of Condition (ROC-
59056) 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
08/05/15
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. The Planning Commission recommended
approval and staff recommended denial. The land use entitlement
expired on 09/10/15.
The Planning Commission voted (7-0) to hold VAR-70276, VAR-70277
06/13/17 and SDR-70279 [PRJ-70049] in abeyance to the July 11, 2017
Planning Commission meeting.
The Planning Commission voted (6-0) to hold VAR-70276, VAR-70277
07/11/17 and SDR-70279 [PRJ-70049] in abeyance to the September 12, 2017
Planning Commission meeting.

Most Recent Change of Ownership


02/27/12 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A business license (C25-01707) was issued for a contractor at 4505
04/03/08
Balsam Street. The license is active as of 05/31/17.
A business license (B20-02054) was issued for a holding company at
03/21/12
4505 Balsam Street. The license is active as of 05/31/17.
A building permit application (#54468) was submitted for a residence
06/09/14 conversion to an office tenant improvement with on-sites at 4505
Balsam Street. The permit remains in review status.

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
04/18/17 requirements for a Variance and Site Development Plan Review were
discussed.

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

Field Check
During a routine field check, staff observed the subject site where the
existing conditions were documented by staff:
There is no sidewalk, curb or gutter. There is no delineation
between the public right-of-way and private property.
Sidewalk, curb and gutter is constructed immediately south of
05/04/17 the subject site.
Vehicles are parked haphazardly and the parking lot is striped
for double parking, which is not a legal parking lot configuration.
Outdoor storage of trailers is occurring within the front yard
area.

Details of Application Request


Site Area
Net Acres 0.62

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Contractors Plant,
Subject LI/R (Light
Shop & Storage M (Industrial)
Property Industrial/Research)
Yard
Contractors Plant,
LI/R (Light
North Shop & Storage M (Industrial)
Industrial/Research)
Yard
Mini-Storage SC (Service C-1 (Limited
South
Facility Commercial) Commercial)
Public or Private
LI/R (Light C-PB (Planned
East School, Primary
Industrial/Research) Business Park)
and Secondary
West US-95 Right-of-Way Right-of-Way

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September 12, 2017 - Planning Commission Meeting

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Purpose and Overlay Districts Compliance
A-O (Airport Overlay) District 175 Feet Y
Other Plans or Special Requirements Compliance
Centennial Hills Sector Plan Y
Northwest Open Space Plan Y
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Pursuant to 19.08, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Width 100 SF 85 SF N*
Min. Setbacks
Front 10 Feet 65 Feet Y
Side 10 Feet 10 Feet Y
Corner 10 Feet N/A N/A
Rear 0 Feet 201 Feet Y
Screened, Gated, w/ a By By
Trash Enclosure
Roof or Trellis Condition Condition
By By
Mech. Equipment Screened Condition Condition
*Rezoning (ZON-28389) approved on 08/20/08 allowed a lot width of 85 feet where 100
feet is required.

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September 12, 2017 - Planning Commission Meeting

Pursuant to Title 19.08, the following standards apply:


Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees
Buffer Trees:
North 1 Tree / 20 Linear Feet 17 Trees 0 Trees N*
South 1 Tree / 20 Linear Feet 16 Trees 0 Trees N*
East 1 Tree / 20 Linear Feet 5 Trees 0 Trees N*
West 1 Tree / 30 Linear Feet 3 Trees 0 Trees N*
TOTAL PERIMETER TREES 41 Trees 0 Trees N*
1 Tree / 6 Uncovered
Parking Area Spaces, plus 1 tree at the
4 Trees 2 Trees N*
Trees end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North 8 Feet 0 Feet N*
South 8 Feet 0 Feet N*
East 15 Feet 0 Feet N*
West 8 Feet 0 Feet N*
* A Waiver is requested to allow no landscape buffers along the east, west, south, and a
portion of the north property lines.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Balsam Street Local Title 13 43 N*
*The applicant is requesting a Variance to not construct the sidewalk, curb, and gutter.

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Floor Required Provided Compliance
Area or Parking Parking
Use Parking
Number of Ratio Handi- Handi-
Regular Regular
Units capped capped
Contractors
Plant, Shop
2,092 SF 1:500 5
& Storage
Yard
TOTAL SPACES REQUIRED 5 6 Y
Regular and Handicap Spaces Required 4 1 5 1 Y

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Staff Report Page Twelve
September 12, 2017 - Planning Commission Meeting

Waivers
Requirement Request Staff Recommendation
To allow a zero-foot
landscape buffer
Eight-foot wide landscape
along the south,
buffer along the north, south, Denial
west, and a portion of
and west property line.
the north property
lines.
To allow a zero-foot
Fifteen-foot wide landscape
landscape buffer
buffer along the east property Denial
along the east
line.
property line.

Exceptions
Requirement Request Staff Recommendation
To allow no
Landscape islands shall be landscape islands
provided at the end of each with trees at the end Denial
row of parking spaces. of each row of
parking spaces.
To allow no trees
within the existing
One tree for every 20 linear portion of the
Denial
feet of landscape buffer. landscape buffer
along the north
property line.

NE
VAR-70276



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VAR-70276, VAR-70277 and SDR-70279


VAR-70276 [PRJ-70049] - VARIANCE RELATED TO VAR-70277 AND SDR-70279 - APPLICANT: SOUTHWEST
SPECIALTIES, INC. - OWNER: PRESTIGE WORLDWIDE, LLC
4505 BALSAM STREET
05/04/2017
VAR-70276 [PRJ-70049] - VARIANCE RELATED TO VAR-70277 AND SDR-70279 - APPLICANT: SOUTHWEST
SPECIALTIES, INC. - OWNER: PRESTIGE WORLDWIDE, LLC
4505 BALSAM STREET
05/04/2017
VAR-70276 [PRJ-70049] - VARIANCE RELATED TO VAR-70277 AND SDR-70279 - APPLICANT: SOUTHWEST
SPECIALTIES, INC. - OWNER: PRESTIGE WORLDWIDE, LLC
4505 BALSAM STREET
05/04/2017
VAR-70276 [PRJ-70049] - VARIANCE RELATED TO VAR-70277 AND SDR-70279 - APPLICANT: SOUTHWEST
SPECIALTIES, INC. - OWNER: PRESTIGE WORLDWIDE, LLC
4505 BALSAM STREET
05/04/2017
VAR-70276 [PRJ-70049] - VARIANCE RELATED TO VAR-70277 AND SDR-70279 - APPLICANT: SOUTHWEST
SPECIALTIES, INC. - OWNER: PRESTIGE WORLDWIDE, LLC
4505 BALSAM STREET
05/04/2017
VAR-70276 [PRJ-70049] - VARIANCE RELATED TO VAR-70277 AND SDR-70279 - APPLICANT: SOUTHWEST
SPECIALTIES, INC. - OWNER: PRESTIGE WORLDWIDE, LLC
4505 BALSAM STREET
05/04/2017
VAR-70276 [PRJ-70049] - VARIANCE RELATED TO VAR-70277 AND SDR-70279 - APPLICANT: SOUTHWEST
SPECIALTIES, INC. - OWNER: PRESTIGE WORLDWIDE, LLC
4505 BALSAM STREET
05/04/2017
VAR-70276 [PRJ-70049] - VARIANCE RELATED TO VAR-70277 AND SDR-70279 - APPLICANT: SOUTHWEST
SPECIALTIES, INC. - OWNER: PRESTIGE WORLDWIDE, LLC
4505 BALSAM STREET
05/04/2017
VAR-70276 [PRJ-70049] - VARIANCE RELATED TO VAR-70277 AND SDR-70279 - APPLICANT: SOUTHWEST
SPECIALTIES, INC. - OWNER: PRESTIGE WORLDWIDE, LLC
4505 BALSAM STREET
05/04/2017

VAR-70276, VAR-70277 and SDR-70279



VAR-70276, VAR-70277 and SDR-70279



VAR-70276, VAR-70277 and SDR-70279


Agenda Item No.: 32.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - VAR-70277 - VARIANCE RELATED TO VAR-70276 - PUBLIC HEARING -
APPLICANT: SOUTHWEST SPECIALTIES, INC. - OWNER: PRESTIGE WORLDWIDE,
LLC - For possible action on a request for a Variance TO ALLOW EXISTING OUTDOOR
STORAGE WITHIN THE REQUIRED SIDE YARD SETBACK AREA on 0.62 acres at 4505
Balsam Street (APN 138-03-602-008), M (Industrial) Zone, Ward 4 (Anthony) [PRJ-70049].
Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 4 Planning Commission Mtg. 2
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAR-70277



VAR-70277


Agenda Item No.: 33.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - SDR-70279 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-
70276 AND VAR-70277 - PUBLIC HEARING - APPLICANT: SOUTHWEST SPECIALTIES,
INC. - OWNER: PRESTIGE WORLDWIDE, LLC - For possible action on a request for a Site
Development Plan Review FOR THE CONVERSION OF AN EXISTING 2,092 SQUARE-
FOOT SINGLE FAMILY RESIDENCE TO A CONTRACTOR''S PLANT, SHOP AND
STORAGE YARD WITH WAIVERS OF PERIMETER LANDSCAPE BUFFER
STANDARDS TO ALLOW ZERO FEET ALONG THE SOUTH, WEST, AND A PORTION
OF THE NORTH PROPERTY LINES WHERE EIGHT FEET IS REQUIRED AND ZERO
FEET ALONG THE EAST PROPERTY LINE WHERE 15 FEET IS REQUIRED on 0.62 acres
at 4505 Balsam Street (APN 138-03-602-008), M (Industrial) Zone, Ward 4 (Anthony) [PRJ-
70049]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 4 Planning Commission Mtg. 2
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest/Support Postcards
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
SDR-70279



SDR-70279


Agenda Item No.: 34.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - ZON-70762 - REZONING - PUBLIC HEARING - APPLICANT: RICHMOND
AMERICAN HOMES - OWNER: VFR-SOUTHWEST DESERT EQUITIES - For possible
action on a request for a Rezoning FROM: R-E (RESIDENCE ESTATES) TO: R-1 (SINGLE
FAMILY RESIDENTIAL) on 5.24 acres located at the northeast corner of Dorrell Lane and
Hualapai Way (APN 125-19-101-003), Ward 6 (Fiore) [PRJ-70527]. Staff recommends
DENIAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 2 Planning Commission Mtg. 3
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - ZON-70762, WVR-70763 and TMP-70766 [PRJ-70257]
2. Conditions and Staff Report - ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-
70257]
3. Supporting Documentation - ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-
70257]
4. Photo(s) - ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70257]
5. Justification Letter - ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70257]
6. Letter from Commissioner Larry Brown - ZON-70762, WVR-70763, VAC-70765 and TMP-
70766 [PRJ-70527]
7. Letter from Councilman Steven D. Ross - ZON-70762, WVR-70763, VAC-70765 and TMP-
70766 [PRJ-70527]
8. Protest/Support Postcard for ZON-70762 and WVR-70763 [PRJ-70527]
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: RICHMOND AMERICAN HOMES - OWNER:
VFR-SOUTHWEST DESERT EQUITIES

** STAFF RECOMMENDATION(S) **

REQUIRED FOR
CASE NUMBER RECOMMENDATION
APPROVAL

ZON-70762 Staff recommends DENIAL.

Staff recommends DENIAL, if approved


WVR-70763 subject to conditions: ZON-70762

Staff recommends APPROVAL, subject to


VAC-70765 conditions:

Staff recommends DENIAL, if approved ZON-70762


TMP-70766 subject to conditions: WVR-70763
VAC-70765

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED 45

NOTICES MAILED 206 - ZON-70762 and WVR-70763


8 - VAC-70765
206 - TMP-70766

PROTESTS 2 - ZON-70762 and WVR-70763


1 - VAC-70765
2 - TMP-70766

APPROVALS 3 - ZON-70762 and WVR-70763


0 - VAC-70765
2 - TMP-70766

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

WVR-70763 CONDITIONS

Planning

1. This approval shall be void (2) 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. A Waiver of Title 19.02.140 is hereby approved, to allow street offsets of 208 and
214 feet, where 220 feet is required.

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.

VAC-70765 CONDITIONS

1. The limits of this Petition of Vacation shall be the U.S. Government Patent
Easements located adjacent to Assessor Parcel Number 125-19-101-003 as
shown on the submitted exhibit for property generally located on the north side of
Dorrell Lane, east of Hualapai Way.

2. The Order of Vacation shall record immediately before and in conjunction with the
associated Final Map, such as Connor Hills 3.

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.

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Conditions Page Two
September 12, 2017 - Planning Commission Meeting

4. The Order of Relinquishment of Interest shall not be recorded until all of the
conditions of approval have been met provided, however, the conditions requiring
modification of public improvements may be fulfilled for purposes of recordation by
providing sufficient security for the performance thereof in accordance with the
Subdivision Ordinance of the City of Las Vegas. City Staff is empowered to modify
this application if necessary because of technical concerns or because of other
related review actions as long as current City right-of-way requirements are still
complied with and the intent of the vacation application is not changed. If
applicable, a five foot wide easement for public streetlight and fire hydrant
purposes shall be retained on all vacation actions abutting public street corridors
that will remain dedicated and available for public use. Also, if applicable and
where needed, public easement corridors and sight visibility or other easements
that would/should cross any right-of-way being vacated must be retained.

5. All development shall be in conformance with code requirements and design


standards of all City Departments.

6. If the Order of Vacation (or Order of Relinquishment of Interest if a Patent


Reservation) is not recorded within one (1) year after approval by the City of Las
Vegas or an Extension of Time is not granted by the Planning Director, then
approval will terminate and a new petition must be submitted.

TMP-70766 CONDITIONS

Planning

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

2. Approval of and conformance to Rezoning (ZON-70762), Waiver (WVR-70763)


and Vacation (VAC-70765) shall be required.

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

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

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Conditions Page Three
September 12, 2017 - Planning Commission Meeting

5. In conjunction with creation, declaration and recordation of the subject common-


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

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


Subdivision Statutes.

Public Works

7. A Petition of Vacation, such as VAC-70765, shall record immediately prior to


(concurrent with) the recordation of a Final Map for this site to eliminate U.S.
Government Patent Easements.

8. Dedicate 50 feet of right-of-way adjacent to this site on Hualapai Way, 30 feet for
Dorrell Lane, and 30 feet for Wittig Avenue. Also dedicate a 25-foot radius at the
northeast corner of Hualapai Way and Dorrell Lane and the southeast corner of
Wittig Avenue and Hualapai Way. Additionally, dedicate additional right-of way
per Standard Drawing #201.1 on Hualapai Way and grant a Traffic Signal Chord
Easement at the northeast corner of Hualapai Way and Dorrell Lane.

9. Grant Public Pedestrian Access Easements for all public sidewalks located outside
of the public right-of-way.

10. Construct half street improvements on Dorrell Lane, Hualapai Way, and Wittig
Avenue meeting complete street standards adjacent to this site concurrent with the
development of this site. All existing paving damaged or removed by this
development shall be restored at its original location and to its original width
concurrent with development of this site.

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Conditions Page Four
September 12, 2017 - Planning Commission Meeting

11. 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. A working sanitary sewer connection shall be in place prior to final inspection of
any units within this development. Full permanent improvements on all major
access streets, including all required landscaped areas between the perimeter wall
and adjacent public street, shall be constructed and accepted by the City prior to
issuance of any building permits beyond 50% of all units within this development.
All off-site improvements adjacent to this site, including all required landscaped
areas between the perimeter walls and adjacent public streets, shall be
constructed and accepted prior to issuance of building permits beyond 75%. The
above thresholds notwithstanding, all required Improvements shall be constructed
in accordance with Title19.02.130.D.

13. Meet with the Fire Protection Engineering Section of the Department of Fire
Services to discuss fire requirements for the proposed use of this facility. The
design and layout of all onsite private circulation and access drives shall meet the
approval of the Department of Fire Services.

14. Submit a License Agreement for landscaping and private improvements in the
Dorrell Lane, Hualapai Way, and Wittig Avenue public rights-of-way prior to the
issuance of permits for these improvements. The applicant must carry an
insurance policy for the term of the License Agreement and add the City of Las
Vegas as an additionally insured entity on this insurance policy. If requested by the
City, the applicant shall remove property encroaching in the public right-of-way at
the applicant's expense pursuant to the terms of the City's License Agreement.
The installation and maintenance of all private improvements in the public right of
way shall be the responsibility of the applicant and any successors in interest to
the property and assigns pursuant to the terms of the License Agreement.
Coordinate all requirements for the License Agreement with the Land Development
Section of the Department of Building and Safety (229-4836).

15. A Drainage Plan and Technical Drainage Study must be submitted to and
approved by the Department of Public Works prior to the issuance of any building
or grading permits or submittal of any construction drawings, whichever may occur
first. Provide and improve all drainageways recommended in the approved
drainage plan/study. The developer of this site shall be responsible to construct
such neighborhood or local drainage facility improvements as are recommended
by the City of Las Vegas Neighborhood Drainage Studies and approved Drainage
Plan/Study concurrent with development of this site.

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Conditions Page Five
September 12, 2017 - Planning Commission Meeting

16. As per Unified Development Code (UDC) 19.16.060.G, all requirements must be
complied with or such future compliance must be guaranteed by an approved
performance security method in accordance with UDC sections 19.02.130.C and
19.02.130.E.

17. The approval of all Public Works related improvements shown on this Tentative
Map is in concept only. Specific design and construction details relating to size,
type and/or alignment of improvements, including but not limited to street, sewer
and drainage improvements, shall be resolved prior to approval of the construction
plans by the City. No deviations from adopted City Standards shall be allowed
unless specific written approval for such is received from the City Engineer prior to
the recordation of a Final Map or the approval of subdivision-related construction
plans, whichever may occur first. Approval of this Tentative Map does not
constitute approval of any deviations. If such approval cannot be obtained, a
revised Tentative Map must be submitted showing elimination of such deviations.

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to develop a vacant parcel on the northeast corner of Dorrell
Lane and Hualapai Way into an 18-lot single family residential subdivision

ISSUES

The Interlocal Agreement designates this site as within Planning Area B, which
states that During the term of this agreement, the areas identified as Planning Area
B must remain residential and maintain a minimum buildable lot size of 10,000
square feet and the City must not amend its land use plan, rezone such properties or
approve special or conditional use permits to allow industrial or commercial uses or
residential lots with a buildable area of less than 10,000 square feet within the areas
identified as Planning Area B. Staff is recommending denial of the proposed project
because it violates the Interlocal Agreement.
Rezoning (ZON-70762) would rezone the property from R-E (Residence Estates) to
R-1 (Single Family Residential).
Waiver (WVR-70763) would allow a street offset of 208 feet and 214 feet for the
proposed north/south street, where 220 foot offsets are required by Title 19.02.140.
Vacation (VAC-70765) would vacate U.S. Government Patent Easements.
Tentative Map (TMP-70766) would allow Connor Hills 3, an 18-lot single family
residential subdivision.

ANALYSIS

The applicant is proposing a Rezoning (ZON-70762) to R-1 (Single Family Residential)


on the subject site, which is in conformance with the R (Rural Density Residential)
general plan designation.

The purpose of the R-1 District is to provide for the development of single family
detached dwellings in a suburban setting. The R-1 District is consistent with the policies
of the Low Density Residential category of the General Plan. (The Master Plan Land
Use Designations Table also indicates that the R-1 District is consistent with the Rural
Density Residential and Medium-Low Density Residential categories.)

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

The applicant is also proposing a Tentative Map (TMP-70766) for an 18-lot single family
residential subdivision with lot sizes ranging from 7,638 square feet to 9,494 square
feet. The existing General Plan land use designation R (Rural Density Residential) has
an allowable density of 3.59 dwelling units per gross acre, which would translate to a
maximum of 18 units on this 5.2-acre parcel.

The Interlocal Agreement designates this site as within Planning Area B, which states
that During the term of this agreement, the areas identified as Planning Area B must
remain residential and maintain a minimum buildable lot size of 10,000 square feet and
the City must not amend its land use plan, rezone such properties or approve special or
conditional use permits to allow industrial or commercial uses or residential lots with a
buildable area of less than 10,000 square feet within the areas identified as Planning
Area B. The proposed lot sizes of the Tentative Map (TMP-70766) range from 7,638
square feet to 9,494 square feet, which is in conflict with the requirements of the
Interlocal Agreement.

The applicant has requested a Waiver (WVR-70763) of Title 19.02.140 to allow offsets
for the proposed north/south street that are below the 220-foot minimum required. The
southern offset would be 214 feet and the northern offset would be 208 feet. The
applicant has also requested a Vacation (VAC-70765) to Vacate U.S. Government
Patent Easements on the property. This Vacation request should be sent to all the
utilities, as no right-of-way is proposed to be vacated, and thus no franchise rights are
involved. It is not necessary to wait for responses from any of the public utilities or other
parties interested in preserving a right in this patent easement. Since only City interests
are involved; any utility companys interests will need to be addressed with each
respective utility company and will not be affected by the City relinquishing its interest.

The submitted east/west cross sections depict maximum natural grade greater than 2%
across this site. Per the Tables in Subdivision Code 19.06.050 a development with
natural slope greater than 2%, is allowed a maximum 6-foot retaining wall. A 6-foot
maximum retaining is shown on the east and west property lines.

The submitted north/south cross section depicts maximum natural grade less than 2%
across this site. Per the Tables in Subdivision Code 19.06.050 a development with
natural slope less than 2%, is allowed a maximum 4-foot retaining wall. A 2-foot
maximum retaining wall is shown on the north property line and no retaining wall is
shown on the south property line.

Clark County School District has indicated that the proposed development will add 3
elementary school students, 1 middle school student and 2 high school students. The
schools in the area, Darnell Elementary School and Centennial High School, are over
capacity for the 2016-17 school year. Darnell Elementary School is 128.86% and
Centennial High School is 125.94% of program capacity.

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

The Department of Public Works has provided the Average Daily Traffic (ADT) for the
proposed 18-lot single family residential subdivision and approximately 171 trips per day
on Hualapai Way, Dorrell Lane, and Deer Springs Way are anticipated. Currently,
Hualapai Way is at about 79 percent of capacity and Deer Springs Way is at about 17
percent of capacity. With this project, Hualapai Way is expected to remain at about 79
percent and Deer Springs Way at about 18 percent. Counts are not available for Dorrell
Lane in this area, but it is believed to be under capacity.

In summary, staff supports the requested Vacation as it is appropriate for the area.
However, staff finds the Rezoning, Waiver and Tentative Map to be in direct conflict with
the requirements of the Interlocal Agreement and recommends denial of these
applications.

FINDINGS (ZON-70762)

In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning


Commission or City Council must affirm the following:

1. The proposal conforms to the General Plan.

The sites general plan designation is R (Rural Density Residential) which allows
for the proposed R-1 (Single Family Residential) zoning district.

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

The proposed R-1 (Single Family Residential) zoning district allows single family
residential development at a density that would be compatible with the
surrounding neighborhood, so long as the lots are a minimum of 10,000 square
feet in area in conformance with the Interlocal Agreement.

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

The Interlocal Agreement designates this property as within Planning Area B,


which does not allow for the creation of lots below the 10,000 square foot
minimum. Therefore, the proposed rezoning can be compatible with the growth
and development factors in the community if the 10,000 square foot lot minimum
is maintained.

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

4. Street or highway facilities providing access to the property are or will be


adequate in size to meet the requirements of the proposed zoning district.

The project will add approximately 171 trips per day on Hualapai Way, Dorrell
Lane, and Deer Springs Way. Currently, Hualapai Way is at about 79 percent of
capacity and Deer Springs Way is at about 17 percent of capacity. With this
project, Hualapai Way is expected to remain at about 79 percent and Deer Springs
Way at about 18 percent. Counts are not available for Dorrell Lane in this area,
but it is believed to be under capacity.

FINDINGS (WVR-70763)

No substantial evidence has been presented to warrant the requested Waivers of Title
19.02.140 to allow street offsets of 2087 and 214 feet where 220 feet is required.
Therefore, staff recommends denial of this request. If approved, staff has included
recommended conditions of approval.

FINDINGS (VAC-70765)

This vacation application is a request to relinquish the City's interests in U.S.


Government Patent Reservations generally located on the north side of Dorrell Lane,
east of Hualapai Way. This Vacation request should be sent to all the utilities however,
as no right of way is proposed to be vacated, and thus no franchise rights are involved,
it is not necessary to wait for responses from any of the public utilities or other parties
interested in preserving a right in this patent easement. Since only City interests are
involved; any utility company's interests will need to be addressed with each respective
utility company and will not be affected by the City relinquishing its interest.

FINDINGS (TMP-70766)

The proposed Tentative Map is in conformance to NRS requirements for tentative


maps, however it requires a Waiver from Title 19 Development Standards and is in
conflict with the Interlocal Agreement and therefore staff recommends denial. If
approved, staff has included recommended conditions of approval.

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc


The City Council approved an Annexation (ANX-60364) on the subject
11/18/15
property.
The Planning Commission voted (6-0) to hold ZON-70762, WVR-
07/11/17 70763, VAC-70765 and TMP-70766 [PRJ-70527] in abeyance to the
August 8, 2017 Planning Commission meeting.
The Planning Commission voted (7-0) to hold ZON-70762, WVR-
08/08/17 70763, VAC-70765 and TMP-70766 [PRJ-70527] in abeyance to the
September 12, 2017 Planning Commission meeting.

Most Recent Change of Ownership


09/01/08 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no relevant, related building permits or business licenses on this undeveloped
parcel.

Pre-Application Meeting
At the preapplication meeting staff discussed the submittal
05/11/17
requirements with the applicant.

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

Field Check
06/01/17 Staff completed a routine site visit, noting an undeveloped property.

Details of Application Request


Site Area
Gross Acres 5.2

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject R (Rural Density R-E (Residence
Undeveloped
Property Residential) Estates)
R (Rural Density U(R) [Undeveloped
North Undeveloped
Residential) Rural Residential)
Single Family L (Low Density R-1 (Single Family
South
Dwellings Residential) Residential)
Single Family
East Clark County Clark County
Dwellings
PCD (Planned
Multi-Family PD (Planned
West Community
Residential Development)
Development)

Master and Neighborhood Plan Areas Compliance


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

DEVELOPMENT STANDARDS

Existing Zoning Permitted Density Units Allowed


R-E (Residence Estates) N/A 11
Proposed Zoning Proposed Density Units Proposed
R-1 (Single Family
3.43 18
Residential)
General Plan Permitted Density Units Allowed
R (Rural Density
3.59 18
Residential)

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Staff Report Page Seven
September 12, 2017 - Planning Commission Meeting

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Dorrell Lane Local Street Title 13 60 Y
Planned Streets and
Hualapai Way Primary Arterial 100 Y
Highways Map
Wittig Avenue Local Street Title 13 63 Y

19.04.040 Connectivity
Transportation Network Element # Links # Nodes
Internal Street 2 1
Intersection Internal 0 0
Cul-de-sac Terminus 0 0
Intersection External Street or Stub Terminus 0 0
Intersection Stub Terminus w/ Temporary Turn Around
0 0
Easements
Non-Vehicular Path - Unrestricted 0 0
Total 2 1
Required Provided
Connectivity Ratio (Links / Nodes): 1.30 2.00

PB
ZON-70762



ZON-70762


ZON-70762

ELKHORN RD ELKHORN RD

U(R) MESSARA CIR

N CONQUISTADOR ST
SUBJECT WITTIG AVE

PROPERTY

N EULA ST
N HUALAPAI WAY

R-E

W DORRELL LN W DORRELL LN

BLISTERING SUN AVE


WINTER RAIN ST

R-1

SUMMER SKY ST
R-D
PD

C-1

Zoning FROM R-E TO R-1


U - (GPA Designation) R-2 - Medium-Low P-O - Professional Office C-M - Commercial/Industrial
Undeveloped Density Residential
R-3 - Medium Density N-S - Neighborhood Service M - Industrial 1000' Buffer
R-A - Ranch Acres
Residential
O - Office C-V - Civic
R-E - Residential Estates R-4 - High Density City Limits
R-D - Single-Family Residential C-D - Designed Commercial P-C - Planned Community
Residential-Restricted R-5 - Apartment Not City GIS maps are normally produced
R-PD - Residential C-1 - Limited Commercial T-D - Traditional Development only to meet the needs of the City.
R-MH - Mobile/Manufactured
Planned Development Home Residence Subject Property Due to c ontinuous dev elopment activity
C-2 - General Commercial PD - Planned Development this map is for reference only .
R-1 - Single Family Geographic Information System
R-MHP - Residential Mobile/ C-PB - Planned Business Planning & Development Dept.
Residential T-C - Town Center
Manufactured Home Park Park
702-229-6301
R-CL - Single-Family
Compact-Lot P-R - Professional Offices Date: Thursday, June 01, 2017
and Parking
A77

A A

A

7A


b77
77
77A777A7A77

A77A7A7b
bA77b77A7A7AA

b 7A
b7 7A7A7

7 7 7
7

b 7
b 7A

b7A
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7 7 7 7 7 7
b7

b7b
b7
b77

ZON-70762, WVR-70763, VAC-70765 and TMP-70766 - REVISED


A77

A A

A

b77A


b77
77
77A777A7A77

A77A7A7b
bA77b77A7A7AA

b 7A
b7 7A7A7

7 7 7
7

b 7
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b7A
7
7 7 7 7 7 7
b7

b7b
b7
b77

ZON-70762, WVR-70763, VAC-70765 and TMP-70766 - REVISED


A77

A A

A

AbA7A


b77
77
77A777A7A77

A77A7A7b
bA77b77A7A7AA

b 7A
b7 7A7A7

7 7 7
7

b 7
b 7A

b7A
7
7 7 7 7 7 7
b7

b7b
b7
b77

ZON-70762, WVR-70763, VAC-70765 and TMP-70766 - REVISED


A77

A A

A

A7A


b77
77
77A777A7A77

A77A7A7b
bA77b77A7A7AA

b 7A7 7
7 
b7 7A7A7

7 7 7
77 77 7
77 7

77 77 77
7
7

b 7
b 7A

b7A
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7 7 7
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b77
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ZON-70762, WVR-70763, VAC-70765 and TMP-70766 - REVISED




b7 7A7A7
A

ZON-70762, WVR-70763, VAC-70765 and TMP-70766 - REVISED


A A

77A777A7A77


77 A77
ZON-70762 [PRJ-70527] - REZONING RELATED TO WVR-70763, VAC-70765 AND TMP-70766 - APPLICANT:
RICHMOND AMERICAN HOMES - OWNER: VFR-SOUTHWEST DESERT EQUITIES
NORTHEAST CORNER OF DORRELL LANE AND HUALAPAI WAY
06/01/17
ZON-70762 [PRJ-70527] - REZONING RELATED TO WVR-70763, VAC-70765 AND TMP-70766 - APPLICANT:
RICHMOND AMERICAN HOMES - OWNER: VFR-SOUTHWEST DESERT EQUITIES
NORTHEAST CORNER OF DORRELL LANE AND HUALAPAI WAY
06/01/17
A

77

b777
77
777
7777

7 77777b77777
777A77b777A7

777777777A77
7777777777777
77777Ab7777

777777777777777
A77777777777

77777777777777
777777

777b7777777777
77777777777777
777777777777777
7777777777777

77777777777777
7777777777A777
777b777b77777
777777777777777
7777777

77A7777777b777777
777b7777777777
777

77Ab7777777777777
7777777777777

77777777777777

7777777777

ZON-70762, WVR-70763, VAC-70765 and TMP-70766


b77777
77
777

B7777777777777
777777

777

7777A 77
7

ZON-70762, WVR-70763, VAC-70765 and TMP-70766



ZON-70762, WVR-70763, VAC-70765 and TMP-70766


Agenda Item No.: 35.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - WVR-70763 - WAIVER RELATED TO ZON-70762 - PUBLIC HEARING -
APPLICANT: RICHMOND AMERICAN HOMES - OWNER: VFR-SOUTHWEST DESERT
EQUITIES - For possible action on a request for a Waiver TO ALLOW A 208-FOOT AND A
214-FOOT STREET OFFSET WHERE 220 FEET IS REQUIRED on 5.24 acres located at the
northeast corner of Dorrell Lane and Hualapai Way (APN 125-19-101-003), R-E (Residence
Estates) Zone [PROPOSED: R-1 (Single Family Residential)], Ward 6 (Fiore) [PRJ-70527].
Staff recommends DENIAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Support Postcard
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
WVR-70763



WVR-70763


Agenda Item No.: 36.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - VAC-70765 - VACATION RELATED TO ZON-70762 AND WVR-70763 -
PUBLIC HEARING - APPLICANT: RICHMOND AMERICAN HOMES - OWNER: VFR-
SOUTHWEST DESERT EQUITIES - For possible action on a request for a Petition to Vacate
U.S. Government Patent Easements on 5.24 acres located at the northeast corner of Dorrell Lane
and Hualapai Way (APN 125-19-101-003), R-E (Residence Estates) Zone [PROPOSED: R-1
(Single Family Residential)], Ward 6 (Fiore) [PRJ-70527]. Staff recommends APPROVAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 1 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest Postcard
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAC-70765



VAC-70765

VAC-70765

VAC-70765
A









7
b



VAC-70765
A









7
b



VAC-70765

VAC-70765

VAC-70765

VAC-70765

VAC-70765
Agenda Item No.: 37.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - TMP-70766 - TENTATIVE MAP RELATED TO ZON-70762, WVR-70763,
AND VAC-70765 - CONNOR HILLS 3 - PUBLIC HEARING - APPLICANT: RICHMOND
AMERICAN HOMES - OWNER: VFR-SOUTHWEST DESERT EQUITIES - For possible
action on a request for a Tentative Map FOR AN 18-LOT SINGLE-FAMILY RESIDENTIAL
SUBDIVISION on 5.24 acres located at the northeast corner of Dorrell Lane and Hualapai Way
(APN 125-19-101-003), R-E (Residence Estates) Zone [PROPOSED: R-1 (Single Family
Residential)], Ward 6 (Fiore) [PRJ-70527]. Staff recommends DENIAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 2 Planning Commission Mtg. 2
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Department of Public Works - Traffic Notes
4. Protest/Support Postcards
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
TMP-70766



TMP-70766


A77

A A

A

A7A


b77
77
77A777A7A77

A77A7A7b
bA77b77A7A7AA

b 7A7 7
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b7 7A7A7

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7
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b 7
b 7A

b7A
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7 7 7
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7 7
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TMP-70766 - REVISED
TMP-70766 - REVISED


b7 7A7A7
A
A A

77A777A7A77


77 A77

TMP-70766

TMP-70766

TMP-70766
TMP 70766
Richmond American Homes

NEC Dorell Lane & Hualapai Way


Proposed 18 unit single family residential development.

Proposed Use

Average Daily Traffic (ADT) 9.52 171


AM Peak Hour SINGLE FAMILY DETACHED [DWELL] 18 0.75 14
PM Peak Hour 1.00 18

Existing traffic on nearby streets:


Hualapai Way
Average Daily Traffic (ADT) 26,686
PM Peak Hour (heaviest 60 minutes) 2,135

Deer Springs Way


Average Daily Traffic (ADT) 2,783
PM Peak Hour (heaviest 60 minutes) 223

Traffic Capacity of adjacent streets:


Adjacent Street ADT Capacity
Hualapai Way 33,800
Deer Springs Way 16,380

This project will add approximately 171 trips per day on Hualapai Wy., Dorell Ln. and Deer Springs Wy. Currently,
Hualapai is at about 79 percent of capacity and Deer Springs is at about 17 percent of capacity. With this project, Hualapai
is expected to remain at about 79 percent of capacity and Deer Springs to be at about 18 percent of capacity. Counts are
not available for Dorell in this area, but it is believed to be under capacity.

Based on Peak Hour use, this development will add into the area roughly 18 additional cars, or about one every three
minutes.

Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 38.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - VAR-71002 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER:
RAY W. GODFREY - For possible action on a request for a Variance TO ALLOW A THREE-
FOOT SIDE AND REAR YARD SETBACK WHERE 10 FEET IS REQUIRED FOR A
PROPOSED ACCESSORY STRUCTURE (CLASS II) [CASITA/GARAGE] on 0.38 acres
located at 4100 Nancy Margarite Lane (APN 138-01-810-023), R-PD2 (Residential Planned
Development - 2 Units per Acre) Zone, Ward 5 (Barlow) [PRJ-71001]. Staff recommends
DENIAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 26 Planning Commission Mtg. 7
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Rancho San Miguel Home Owners Association Approval Letter
7. Protest Petition, Protest/Support Comment Forms/Postcards and Email from Regan Orr
VAR-71002 [PRJ-71001]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: RAY W. GODFREY

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71002 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 12

NOTICES MAILED 161

PROTESTS 26

APPROVALS 7

NE
VAR-71002 [PRJ-71001]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71002 CONDITIONS

Planning

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

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

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

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

NE
VAR-71002 [PRJ-71001]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Variance to allow a three-foot side yard setback and an eight-foot
rear yard setback for a 945 square-foot Accessory Structure that consists of a 567
square-foot garage and a 378 square-foot casita at 4100 Nancy Margarite Lane.

ISSUES

A Variance is required to allow a three-foot side yard and eight-foot rear yard
setback where 10 feet is required for a proposed Accessory Structure.
This application has been amended to reflect an eight-foot rear yard setback
request where previously a three-foot rear yard setback was requested.

PROJECT UPDATE

The southeast corner of the rear yard currently contains a decorative indent of
the rear perimeter wall that was originally labeled as the property line in error. As
demonstrated by the parcel map, the correct rear property line is the back of
sidewalk (adjacent to Thom Boulevard) with the landscape area on the east side
of the applicants rear wall being part of the applicants rear yard. When
measuring from the property line (back of sidewalk) to the proposed structure,
the proposed rear setback is eight feet.

ANALYSIS

The applicant has proposed to construct a 21-foot by 45-foot Accessory Structure


(Class II) [Garage and Casita] in the rear yard of 4100 Nancy Margarite Lane in order to
provide living quarters for an elderly family member as stated by the applicant in the
justification letter. The garage portion of the accessory structure will house other
vehicles. The subject site is zoned R-PD2 (Residential Planned Development 2 Units
per Acre), which requires a 10-foot side and rear yard setback for Accessory Structures.
The proposed Accessory Structure does not meet the minimum rear or side yard
setback requirement of 10 feet. The applicant is requesting a Variance to allow a three-
foot setback for side yard and an eight-foot setback for the rear.

NE
VAR-71002 [PRJ-71001]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

The southeast corner of the rear yard currently contains a decorative indent of the rear
perimeter wall that was originally labeled as the property line in error. As demonstrated
by the parcel map, the correct rear property line is the back of sidewalk (adjacent to
Thom Boulevard) with the landscape area on the east side of the applicants rear wall
being part of the applicants rear yard. When measuring from the property line (back of
sidewalk) to the proposed structure, the proposed rear setback is eight feet.

The proposed structure is a 16-foot tall, single story structure designed to match the
existing primary dwelling unit with stucco walls painted to match and a tile roof.

Due to the requested Variance being a self-imposed hardship, staff is recommending


denial of this application.

FINDINGS (VAR-71002)

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by proposing a structure within the
required rear yard setback area. Alternative site design or a smaller Accessory
Structure 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.

NE
VAR-71002 [PRJ-71001]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The City Council approved a request for a Reclassification of Property
located on the northwest corner of Gilmore Avenue and Thom
10/06/93 Boulevard from R-E (Residence Estates) to R-PD3 (Residential
Planned Development) [Amended to R-PD2] for proposed single family
dwellings. The Planning Commission recommended approval.
The Planning Commission voted (5-0-1) to hold VAR-71002 [PRJ-
07/11/17 71001] in abeyance to the August 8, 2017 Planning Commission
meeting.
The Planning Commission voted (7-) to hold VAR-71002 [PRJ-71001]
08/08/17 in abeyance to the September 12, 2017 Planning Commission
meeting.

Most Recent Change of Ownership


06/24/15 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#281921) was issued for a water heater at 4100
03/14/15
Nancy Margarite Lane. The permit did not receive a final inspection.

Pre-Application Meeting
Staff conducted a routine pre-application meeting where the submittal
06/13/17
requirements for a Variance were discussed.

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

Field Check
During a routine field check performed by staff, the subject single
06/20/17 family residence was observed. Staff did not note any areas of
concern, as the residence was well maintained.

NE
VAR-71002 [PRJ-71001]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres 0.38

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
R-PD2 (Residential
Subject Single Family, R (Rural Density
Planned Development
Property Detached Residential)
2 Units Per Acre)
R-PD2 (Residential
Single Family, R (Rural Density
North Planned Development
Detached Residential)
2 Units Per Acre)
R-PD2 (Residential
Single Family, R (Rural Density
South Planned Development
Detached Residential)
2 Units Per Acre)
Public or Private
East PF (Public Facilities) C-V (Civic)
School, Primary
R-PD2 (Residential
Single Family, R (Rural Density
West Planned Development
Detached Residential)
2 Units Per Acre)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District - 105 Feet Y

Other Plans or Special Requirements Compliance


Centennial Hills Sector Plan Y
Northwest Open Space Plan Y
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

NE
VAR-71002 [PRJ-71001]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to Title 19.06, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Setbacks for an Accessory Structure:
Side 10 Feet 3 Feet N*
Rear 10 Feet 8 Feet N*
Min. Distance Between Buildings 6 Feet 7 Feet Y
Max. Rear and Side Yard Coverage 50% 13% Y
18 Feet 16 Feet
Max. Building Height (Principal Dwelling to Peak Y
Unit) of Roof
*The applicant is requesting a Variance to allow a three-foot side yard setback, and an
eight-foot rear yard setback.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Nancy Margarite Local
Title 13 40 Y
Lane (Private Street)

NE
VAR-71002



CLV Planning - Application Form
Application Number: PRJ-71001

Application/Petition For: PRJ-71001 - VAR

ProjectAddress (Location): 4100 NANCY MARGARITE LANE

Project Name GODFREY GARAGE

Assessors Parcel #(s): 13801810023

Ward #: WARD 5 (RICKI Y. BARLOW)

Is the Application Information Yes


Correct:
If no, ...change what

General Plan Designation: Proposed: Select

Zoning District: Proposed: Select

Gross Acres:

Lots/Units:

Additional Information:

Applicant First Name: Ray

Applicant Last Name: Godfrey

Applicant Address: 4100 Nancy Margarite

Applicant City: Las Vegas

Applicant State: Nevada

Applicant Zip: 89130

Applicant Phone: 702-370-4771

Applicant Fax:

Applicant Email: rayg3frey@yahoo.com

Rep First Name: Ray

Rep Last Name: Godfrey

Rep Address: 4100 Nancy Margarite

Rep City: Las Vegas

Rep State: Nevada

Rep Zip: 89130

Rep Phone: 702-370-4771

Rep Fax:

Rep Email: rayg3frey@yahoo.com

VAR-71002

6/15/2017 11:14:05 AM Page 1 of 2


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

If no, ...change what

Owner(s) ADDR1 ADDR2


RAY GODFREY 4100 NANCY MARGARITE LANE LAS VEGAS, NV 89130

CLVEPLAN Applicant Company Title Email


Ray Godfrey residential self rayg3frey@yahoo.com

VAR-71002

6/15/2017 11:14:05 AM Page 2 of 2



VAR-71002 - REVISED
VAR-71002


VAR-71002


77777

VAR-71002 - REVISED

VAR-71002 - REVISED
VAR-71002 [PRJ-71001] - VARIANCE - APPLICANT/OWNER: RAY W. GODFREY
4100 NANCY MARGARITE LANE
06/01/17
VAR-71002 [PRJ-71001] - VARIANCE - APPLICANT/OWNER: RAY W. GODFREY
4100 NANCY MARGARITE LANE
06/01/17
VAR-71002 [PRJ-71001] - VARIANCE - APPLICANT/OWNER: RAY W. GODFREY
4100 NANCY MARGARITE LANE
06/01/17
VAR-71002 [PRJ-71001] - VARIANCE - APPLICANT/OWNER: RAY W. GODFREY
4100 NANCY MARGARITE LANE
06/01/17
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777717777777717

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18 signatures total

Dup

Dup

Dup
Dup

Dup

Dup
Agenda Item No.: 39.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - GPA-67883 - GENERAL PLAN AMENDMENT - PUBLIC HEARING -
APPLICANT/OWNER: DEBRA J. REOCH, ET AL - For possible action on a request for a
General Plan Amendment FROM: DR (DESERT RURAL DENSITY RESIDENTIAL) AND R
(RURAL DENSITY RESIDENTIAL) TO: SC (SERVICE COMMERCIAL) on 2.42 acres on
the east side of Rainbow Boulevard, approximately 85 feet north of Ann Road (APNs 125-26-
410-004 through 006), Ward 6 (Fiore) [PRJ-67774]. Staff recommends DENIAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 16 Planning Commission Mtg. 135
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324
[PRJ-68162]
3. Supporting Documentation - GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-
68162]
4. Photo(s) - GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
5. Justification Letter - GPA-67883 and ZON-67884 [PRJ-67774]
6. Protest Comment Form/Postcards and Support Comment Forms/Postcards, Support E-mails
and Petition - GPA-67883 and ZON-67884 [PRJ-67774]
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: DEBRA J. REOCH, ET AL

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
GPA-67883 Staff recommends DENIAL.
ZON-67884 Staff recommends DENIAL. GPA-67883
Staff recommends DENIAL, if approved subject to GPA-67883
SDR-68234
conditions: ZON-67884

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 28

NOTICES MAILED 404 - GPA-67883 and ZON-67884


404 - SDR-68324

APPROVALS 135 - GPA-67883 and ZON-67884


5 - SDR-68234

PROTESTS 16 - GPA-67883 and ZON-67884


11 - SDR-68234

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GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

SDR-68324 CONDITIONS

Planning

1. Approval of General Plan Amendment (GPA-67883) and Rezoning (ZON-67884)


shall be required, if approved.

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

3. All development shall be in conformance with the site plan, landscape plan, and
building elevations, date stamped 12/27/16, except as amended by conditions
herein.

4. A Waiver from Title 19.08 is approved to allow a zero-foot landscape buffer along
the east perimeter where eight feet is required.

5. A six to eight-foot tall solid screen wall shall be constructed along the north
property line and the east perimeter of the development, allowing access to the
existing well for maintenance.

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

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

8. The applicant shall coordinate with the City Surveyor and other city staff to
determine the most appropriate mapping action necessary to consolidate the
existing lots. The mapping action shall be completed and recorded prior to the
issuance of any building permits.

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Conditions Page Two
September 12, 2017 - Planning Commission Meeting

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


Landscape Architect, Residential Designer or Civil Engineer, must be submitted
prior to or at the same time application is made for a building permit. A permanent
underground sprinkler system is required, and shall be permanently maintained in
a satisfactory manner; the landscape plan shall include irrigation specifications.
Installed landscaping shall not impede visibility of any traffic control device. The
technical landscape plan shall include the following changes from the conceptual
landscape plan:
A minimum of one 24-inch box tree planted every 20 feet on-center with four,
five-gallon shrubs for each required tree in all landscape buffer areas.

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

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

Public Works

12. Dedicate 10 feet of right-of-way adjacent to this site for Rainbow Boulevard
prior to the issuance of any permits.

13. Construct all incomplete half-street improvements on Rainbow Boulevard meeting


current City Standards concurrent with development of this site. Extend all
required underground utilities, such as electrical, telephone, etc., located within
public rights of-way, past the boundaries of this site prior to construction of hard
surfacing (asphalt or concrete). All existing paving damaged or removed by this
development shall be restored at its original location and to its original width
concurrent with development of this site.

14. Unless otherwise allowed by the City Engineer, construct sidewalk on at least one
side of all access drives connecting this site to the adjacent public streets
concurrent with development of this site. The connecting sidewalk shall extend
from the sidewalk on the public street to the first intersection of the on-site roadway
network and shall be terminated on-site with a handicap ramp.

15. Abandon the existing septic tank system per Southern Nevada Health District
regulations and connect to the public sewer concurrent with on-site development
activities.

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Conditions Page Three
September 12, 2017 - Planning Commission Meeting

16. 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.

17. Construct a median in Rainbow Boulevard that restricts left-out access to the
southern driveway of this site while maintaining left-in access to the parcel on the
west side of Rainbow Boulevard.

18. A Traffic Impact Analysis must be submitted to and approved by the Department of
Public Works prior to the issuance of any building or grading permits, submittal of
any construction drawings or the recordation of a Map subdividing this site,
whichever may occur first. Comply with the recommendations of the approved
Traffic Impact Analysis prior to occupancy of the site. The Traffic Impact Analysis
shall also include a section addressing Standard Drawings #234.1 #234.2 and
#234.3 to determine additional right-of-way requirements for bus turnouts adjacent
to this site, if any; dedicate all areas recommended by the approved Traffic Impact
Analysis. All additional rights of way required by Standard Drawing #201.1 for
exclusive right turn lanes and dual left turn lanes shall be dedicated prior to or
concurrent with the commencement of on site development activities unless
specifically noted as not required in the approved Traffic Impact Analysis. Phased
compliance will be allowed if recommended by the approved Traffic Impact
Analysis. No recommendation of the approved Traffic Impact Analysis, nor
compliance therewith, shall be deemed to modify or eliminate any condition of
approval imposed by the Planning Commission or the City Council on the
development of this site.

19. 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.

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Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request to amend the General Plan land use designations and rezone three
parcels located at 5640, 5664 and 5686 North Rainbow Boulevard, approximately 85
feet north of Ann Road for a proposed 28,800 square-foot commercial development.

ISSUES

A General Plan Amendment is requested to change the land use designations from
DR (Desert Rural Density Residential) and R (Rural Density Residential) to SC
(Service Commercial).
A Rezoning is requested on this site from R-E (Residence Estates) to C-1 (Limited
Commercial).
A Waiver is required to allow a zero-foot landscape buffer where eight feet is
required along the eastern perimeter of the subject site. Staff supports this request
due to an existing access easement for an existing well.

ANALYSIS

The subject sites are three adjacent single family detached residences which are
proposed to be merge into one lot for the development of a commercial building. In
order to accomplish this, the applicants are requesting to amend a portion of the
Northwest Sector of the Las Vegas 2020 Master Plan from R (Rural Density
Residential) and DR (Desert Rural Residential Density) to SC (Service Commercial),
and to rezone the three subject sites from R-E (Residence Estates) to C-1 (Limited
Commercial).

The applicant is proposing to construct a 28,800 square-foot commercial building. While


there is no specific tenant proposed for this development, the applicant is proposing the
development as a Retail/Grocery Establishment. If approved, the site could be
developed in any manner that is in accordance with the proposed C-1 (Limited
Commercial) zoning district and to accommodate a different land use allowed by the C-
1 (Limited Commercial) zoning district. These land uses include, but are not limited to
the following:
Banquet Facility
Clinic

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GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

Health Club
Rental Store
Restaurant
Trade School (Includes outdoor training for such skills as large equipment
operators)
Wedding Chapel

Once the subject site is rezoned, the property does not have to be developed in the
manner proposed; however, a Site Development Plan Review would be required. A new
application could possibly include three separate commercial developments. In
addition, all land uses permitted as of right in the C-1 (Limited Commercial) zoning
district would be allowed through the issuance of a business license. Additionally, all
land uses that are Conditional in the C-1 (Limited Commercial) zoning district would be
allowed to operate once the conditions set forth by Title 19.12 were met without review
through the public hearing process. The following Conditional Uses would be able to
meet the conditions set forth by Title 19.12:
Auto Broker
Auto Parts Store with Accessory Installation
Auto Smog Check
Automobile Repossession Agency
Building Maintenance Service and Sales
Check Cashing Services, Limited
Drive Through
Hospital
Light Assembly & Fabrication (Wholesale Printing, Stained Glass Assembly, etc.)
Mixed-Use Development (Subject to Residential Adjacency Standards)
Multi-Family Residential (as part of a Mixed-Use development)
Open Air Vending
Recreational Vehicle and Boat Storage
Secondhand Dealer (Limited to 5,000 square feet)
Social Service Provider
Teen Dance Center
Thrift Shop

There are Permitted and Conditional land uses associated with the C-1 (Limited
Commercial) zoning district are too intense and inappropriate for direct adjacency to
large-lot homes that are zoned R-E (Residence Estates) within Clark County.

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Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

Due to this direct adjacency of the subject sites to property under the jurisdiction of
Clark County, staff reached out to Clark Countys Comprehensive Planning Department
and received the following feedback from management:

Thanks for the opportunity to review the proposed project. The County opposes this
request as it is in conflict with the Citys proposed Rainbow Boulevard North Corridor
Plan and its effort to maintain the low density residential character of Rainbow
Boulevard north of Ann Road. Additional commercial in this corridor is not appropriate
and will negatively affect residents in this area.

Additionally, on December 21, 2016 an Interlocal agreement between the City of Las
Vegas and Clark County was entered into to establish a joint position on corporate
boundaries, planning and public facilities/services provision. Section Two (2) of this
document for Joint Land Use Planning identifies areas to remain residential and their
allowed densities. The existing residential homes directly north and east of the subject
sites are within Planning Area A1 of this interlocal agreement ,which states, During the
term of this Agreement, the areas identified as Planning Area A1 and A2 must remain
residential and designated at a density of no greater than 2.0 Units per Gross Acre on
the Parties respective comprehensive plans. The Parties agree that they shall not
accept any General Plan Amendments (GPA) nor amend their respective
comprehensive plans, rezone such properties or approve special or conditional use
permits to allow industrial or commercial uses or residential densities above 2.0 Units
per Gross Acre and each lot will maintain a minimum buildable net lot area of at least
18,000 square feet with a goal of at least 18,500 square feet. As a result of this
agreement, the surrounding properties to the north and east of the subject sites will
remain large-lot residential homes with a maximum density of two units per acre.
Although the subject site is not included in the agreement, the proposed intensity
allowed by the C-1 (Limited Commercial) zoning district is not compatible with the
existing surrounding rural neighborhoods.

On February 15, 2017 the City Council adopted the Rainbow Boulevard North Corridor
Plan via Resolution 7-2017. This corridor plan includes the 1.6 mile section of Rainbow
Boulevard located between Rancho Drive to the south and the CC-215 terminus to the
north, and all adjacent properties along the right-of-way. The subject sites are included
in this plan. The plan seeks to preserve the essence of the small amounts of remaining
rural character along the Rainbow Boulevard North Corridor by emphasizing uses that
serve the corridor community and encouraging development patterns that align with the
single family neighborhoods. It is important to note that this plan does not exclude
commercial or multi-family residential uses along the corridor; rather it seeks to
encourage those uses to contribute to the needs of the neighborhoods and aesthetically
blend in with the community. The corridor was divided into three Character Areas, in
response to each areas unique physical form of the built environment, density, and land
use. The three Character Areas include Tropical-Rainbow, Ann-Rainbow, and Rancho-
Rainbow.

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GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

The subject sites are located within the Ann-Rainbow Character Area. This area
accounts for the majority of the land share of the corridor (44%), with a majority of this
land zoned residential. This Character Area also includes the intersection of Ann Road
and Rainbow Boulevard. Three of the 17 commercially zoned parcels within the corridor
plan are three corners of this intersection. The subject sites are adjacent to one of the
three commercially zoned corners, the northeast corner of Ann Road and Rainbow
Boulevard. This corner is zoned C-1 (Limited Commercial). The applicant is requesting
to further encroach into the C-1 (Limited Commercial) zoning district into the existing
rural neighborhood to the north.

As stated by the Rainbow North Corridor Plan, Non-residential development should be


limited to the portions of the plan area defined as:
a) Rancho-Rainbow; and
b) Ann-Rainbow, exclusively if adjacent to the Ann and Rainbow intersection
and south thereof.

This Site Development Guidelines of the Rainbow North Corridor Plan specifically
excludes the subject sites since they are north of the Ann and Rainbow intersection.
The preferred development outlined by the Rainbow North Corridor Plan for this section
of the Character Area is residential and include:
Duplexes that retain the bulk and scale of the surrounding neighborhood
developments;
Townhouses that are oriented to Rainbow Boulevard.

Whether it is commercial development or the types of residential development


mentioned above, according to the Las Vegas Water District (LVVWD), the subject
parcels are not currently served by LVVWD. They are served by an existing quasi-
municipal well and any water approval would require approval by the Nevada Division of
Environmental Protection (NDEP) Division of Water Resources.

The proposed landscape plan did not specify the spacing of the proposed trees, or the
specific placement of the proposed shrubs. Due to this, staff was unable to confirm the
proposed landscape plan met the minimum landscaping requirements set forth by Title
19.08. To ensure compliance, staff has added a Condition of Approval requiring one 24-
inch box tree to be planted every 20 feet on-center, with four, five-gallon shrubs for each
required tree.

Due to the existence of this quasi-municipal well at the rear of 5686 North Rainbow
Boulevard, an access easement is necessary to provide access to the well for
maintenance and service. This access easement prevents the proposed development
from providing the required eight-foot landscape buffer adjacent to the property line as

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GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

required by Title 19 and a Waiver is necessary to allow the required eight-foot


landscape buffer to be located adjacent to the west perimeter of the access easement.
This extraordinary site condition prevents the applicant from meeting the minimum
standards for landscape buffers; therefore, staff supports the Waiver request.

The subject parcels are not currently served by LVVWD (Las Vegas Valley Water
District), as the subject parcels have an existing revocable permit well that is permitted
for domestic use only. Civil and plumbing plans will need to be submitted to LVVWD for
abandoning the well and the establishment of domestic and fire service from LVVWD.
Proof of parcel lot consolidation, or a commercial subdivision, is required prior to civil
plan approval by LVVWD if this application is approved.

The Department of Public Works has waived the Complete Streets requirement for the
proposed development if approved. The adjacent northeast corner of Ann Road and
Rainbow Boulevard is currently entitled for commercial development with approved half
street improvement requirements. If approved, the proposed commercial development
will be required to match the previously approved Site Development Plan Review (SDR-
58147) for half street improvements to the south for sidewalk and roadway consistency.

RECOMMENDATION

Staff finds the proposed General Plan Amendment, Rezoning, and Site Development
Plan Review to be incompatible with the existing residential development that surrounds
the subject sites. Staff does not support the continuing encroachment of commercial
development into a predominantly residential area, especially when the proposed
commercial development is directly adjacent to property zoned R-E (Rural Estates
Residential) within an RNP (Rural Neighborhood Preservation) area in Clark County
Nevada. In addition, the subject sites are within the North Rainbow Corridor Plan which
specifically recommends residential type uses such as townhomes and duplexes for the
subject sites if developed. For these reasons, staff is recommending denial of these
requests.

FINDINGS (GPA-67883)

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

1. The density and intensity of the proposed General Plan Amendment is


compatible with the existing adjacent land use designations,

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Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

The density and intensity of the land uses permitted by the proposed SC (Service
Commercial) General Plan designation and associated zoning districts are not
compatible with the existing single family detached homes that are directly
adjacent to the north and east of the subject site. These existing home sites are
on an average over three-quarters of an acre each and are rural in nature.
Intense commercial development is not an appropriate buffer for properties
designated RNP (Rural Neighborhood Preservation) in Clark County.

2. The zoning designations allowed by the proposed amendment will be


compatible with the existing adjacent land uses or zoning districts,

The proposed Service Commercial General Plan designation supports the


proposed C-1 (Limited Commercial) zoning district along with the O (Office) and
P-O (Professional Office) zoning districts. While there are existing commercially
zoned properties to the west and south of the subject sites on the corners of Ann
Road and Rainbow Boulevard, this proposal would allow the C-1 (Limited
Commercial) zoning district to further encroach into an existing rural residential
neighborhood directly adjacent to the subject sites to the east and north consisting
of existing, large-lot single family residential homes zoned R-E (Rural Estates
Residential) within Clark County, Nevada. In addition, north of the subject sites
along both the west and east side of Rainbow Boulevard is detached, single family
homes spanning the entire northern length of Rainbow Boulevard until it
terminates at the I-215.

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


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

If approved, half street improvements would be required for the proposed


development in order to provide adequate transportation facilities for a commercial
land use.

4. The proposed amendment conforms to other applicable adopted plans and


policies that include approved neighborhood plans.

The proposed General Plan Amendment does not comply with the North
Rainbow Corridor Plan, which specifically recommends residential type
development such as duplexes and townhomes for property adjacent to
Rainbow Boulevard, north of Ann Road.

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Staff Report Page Seven
September 12, 2017 - Planning Commission Meeting

FINDINGS (ZON-67884)

In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning


Commission or City Council must affirm the following:

1. The proposal conforms to the General Plan.

If approved, the proposed C-1 (Limited Commercial) zoning district would conform
to the proposed General Plan designation of SC (Service Commercial).

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 land uses permitted by the proposed C-1 (Limited Commercial) zoning district
include Banquet Facilities and Clinics. These uses are too intense for the area
north of Ann Road, and are not compatible for residential adjacency.

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

Approximately one-quarter of a mile west of the subject sites is an existing


shopping center (Rio Vista Shopping Center) at the southwest corner of Ann Road
and Rio Vista Street that contains commercial space available for lease. While a
33-lot residential development is currently under construction north of the subject
sites, 33 additional single family homes does not indicate the need for additional
commercial space to further encroach into a predominantly residential area
outside of the intersection of Ann Road and Rainbow Boulevard. With no potential
tenant, and existing vacant commercial space within a quarter mile of the subject
sites, growth and development factors do not indicate the need for converting
existing residential homes into commercial property.

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.

If approved, half street improvements on Rainbow Boulevard would be required


for the proposed development in order to provide adequate transportation facilities
for a commercial land use.

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Staff Report Page Eight
September 12, 2017 - Planning Commission Meeting

FINDINGS (SDR-68234)

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

1. The proposed development is compatible with adjacent development and


development in the area;

The proposed development would be directly adjacent to large-lot single family


detached homes to the north and east zoned R-E (Rural Estates Residential)
within Clark County, Nevada. Developing a commercial building capable of
accommodating intense commercial land uses does not provide an appropriate
buffer to rural single family homes. In addition, except for the immediate corner
lots located at the intersection of Ann Road and Rainbow Boulevard, the
remaining area north of this intersection is entirely residential except for a
preschool just north of the existing Walgreens on the northwest corner of Ann
Road and Rainbow Boulevard. The further encroachment of commercial land
uses into a predominantly residential area is not compatible with the existing
residential development in the area.

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

If the General Plan Amendment and rezoning requests are approved, the
proposed development would be consistent with the minimum development
standards for the C-1 (Limited Commercial) zoning district, but would be in direct
contradiction to the Rainbow North Corridor Plan which recommends residential
development such as duplexes and townhomes, not commercial development
and land uses.

3. Site access and circulation do not negatively impact adjacent roadways or


neighborhood traffic;

Site access would be provided from Rainbow Boulevard, a 100-foot Primary


Arterial as classified by the Master Plan of Streets and Highways. At the
intersection of Ann Road and Rainbow Boulevard, Rainbow Boulevard is a fully
improved 100-foot right-of-way, but tapers down to approximately 50 feet due to
the fact that north of the intersection are existing lot-large single family homes that
are rural in nature and do not require the roadway to be improved. If this
application is approved, half street (road) improvements will be required, and

NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Nine
September 12, 2017 - Planning Commission Meeting

Rainbow Boulevard will be 100 feet in width, only to immediately drop back down
to 50 feet in width since the remaining parcels on the block directly north of the
subject sites are still rural single family homes with no street improvements. This
will create a roadway that will negatively impact the predominantly residential
neighborhood traffic that exists north of Ann Road.

4. Building and landscape materials are appropriate for the area and for the
City;

The proposed building would have a stucco finish with an aluminum storefront and
ceramic tile accents to add the appearance of wood. The landscape materials
proposed include the Thornless Chilean Mesquite tree, Red Yucca shrubs, and
New Gold Lantana for accent plants. All of these materials are appropriate for the
area, and a desert climate.

5. Building elevations, design characteristics and other architectural and


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

The proposed building elevations are not obnoxious or unsightly, but are not
compatible with the existing residential development in the area. The 28,800
square-foot big box style building would not match the established residential
scale that exists to the immediate north and east of the subject sites. The
proposed commercial development would not create an orderly environment as
developing a commercial building and introducing intense land uses directly
adjacent to rural residential homes does not create an orderly or harmonious
environment for an existing residential neighborhood.

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

If approved, the proposed development would be subject to review during the


plan check and permitting process, as well as regular site inspections during
construction. Once constructed, future tenants would be subject to business
license review and continuing compliance once licensed. These measures are
in place to protect the public health, safety, and general welfare.

NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Ten
September 12, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

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


A Final Map was recorded for the Rainbow Gardens Subdivision [Book
06/21/74
17 Page 6 of Plats].
The Clark County Planning Commission approved a Special Use
Permit (UC-0193-08) to allow employees (unrelated) in conjunction
04/03/08 with a home occupation at 5686 North Rainbow Boulevard where only
family members are permitted to work as employees and to allow
customers at the residence where not permitted.
The Clark County Planning Commission approved a Special Use
Permit (UC-0407-09) to allow two employees (unrelated) in
conjunction with a home occupation at 5664 North Rainbow Boulevard
where only family members are permitted to work as employees, to
allow clients to come to a residence where not permitted, to allow
08/06/09
accessory structures to be used in conjunction with a home occupation
for the storage of business records and files where not permitted and
to increase the floor area utilized for a home occupation to
approximately 645 square feet where a maximum of 581 square feet is
permitted.

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


The City Council approved the Annexation (ANX-63178) of 0.81 net
04/20/16 acres at 5664 North Rainbow Boulevard into the city of Las Vegas as
Bill 2016-22. The annexation became effective 04/29/16.
The City Council approved the Annexation (ANX-63265) of 0.78 net
06/01/16 acres at 5640 North Rainbow Boulevard into the city of Las Vegas as
Bill 2016-32. The annexation became effective 06/10/16.
The City Council approved the Annexation (ANX-63179) of 0.81 net
06/15/16 acres at 5686 North Rainbow Boulevard into the city of Las Vegas as
Bill 2016-38. The annexation became effective 06/24/16.
The Planning Commission approved a request to abey General Plan
01/10/17 Amendment (GPA-67883) and Rezoning (ZON-67884) until the
Planning Commission meeting scheduled for March 14, 2017.
The Planning Commission approved a request to table General Plan
03/14/17 Amendment (GPA-67883), Rezoning (ZON-67884), and Site
Development Plan Review (SDR-68324).
The Planning Commission voted (7-0) to hold in GPA-67883, ZON-
08/08/17 67884 and SDR-68324 to the September 12, 2017 Planning
Commission meeting.

NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Eleven
September 12, 2017 - Planning Commission Meeting

Most Recent Change of Ownership


08/12/05 A deed was recorded for a change in ownership on APN 125-26-410-004.
03/24/09 A deed was recorded for a change in ownership on APN 125-26-410-005.
11/13/13 A deed was recorded for a change in ownership on APN 125-26-410-006.

Related Building Permits/Business Licenses


The existing 2,713 square-foot dwelling at 5686 North Rainbow
1977
Boulevard was constructed.
The existing 2,325 square-foot dwelling at 5664 North Rainbow
1979
Boulevard was constructed.
The existing 2,142 square-foot dwelling at 5640 North Rainbow
1983
Boulevard was constructed.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
11/17/16
submittal requirements for a General Plan Amendment and Rezoning.
Staff conducted a pre-application meeting where the submittal
12/15/16
requirements for a Site Development Plan Review were discussed.

Neighborhood Meeting
A neighborhood meeting was held at the Centennial Hills Community
Center/YMCA at 6601 North Buffalo Drive in Las Vegas. There were
19 members of the public, two representatives for the applicant, one
representative from the Ward 6 City Council Office and one member of
Department of Planning staff in attendance.

The applicant presented conceptual drawings that included a site plan


12/19/16 and elevations of the proposed Grocery Store. When asked about
who the tenant would be, the representatives indicated that a tenant
has not been secured at this time, but is being pursued.
Concerns:
The neighbors present do not want any commercial, and were
not in support of this proposal.
Do not want any more traffic along Rainbow Boulevard.

NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Twelve
September 12, 2017 - Planning Commission Meeting

Neighborhood Meeting
Questions were raised in regards to the well (water), the
representative informed the neighbors that a new commercial
project would not use the well, and the required clearance
around the well would remain for maintenance.
Residents questioned and expressed concerns in regards to
what other types of land uses could go in to a C-1 (Limited
Commercial) zoning district if a Grocery Store tenant was not
secured or eventually went out of business.
Do not feel there is enough people and/or traffic to support a
Grocery Store in this area with other existing shopping centers
relatively close by.
Residents felt that this rural portion of Rainbow Boulevard does
not need commercial, and that only the owners of the properties
included in this proposal would benefit from converting to
subject sites to commercial. They also feel commercial land
uses are being forced upon them even though the desire for it is
not there.
Concern over increased use of the alleyway, including
deliveries and individuals using the commercial property to gain
entry into residents rear yards.
The residents specifically purchased their homes because there
was no commercial existing or planned for the immediate area
at the time.

Staff noted that some of the property owners for the proposed project
may have been there, but were not clearly identified. There were no
residents present expressing support for this project. All who
attended and spoke during the meeting did not support the proposed
Grocery Store, the General Plan Amendment or Rezoning.

Field Check
The site contains three existing single family dwellings maintained in
12/05/16 good condition. Each parcel frontage is walled and gated. There are
no sidewalks adjacent to the site.

Details of Application Request


Site Area
Net Acres 2.42

NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Thirteen
September 12, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
DR (Desert Rural
Subject Single Family, Density Residential) R-E (Residence
Property Detached R (Rural Density Estates)
Residential)
RN (Rural R-E (Rural Estates
Single Family,
North Neighborhood) Residential)
Detached
Clark County Clark County
Single Family, SC (Service C-1 (Limited
South
Detached Commercial) Commercial)
RNP (Rural
Neighborhood
R-E (Rural Estates
Single Family, Preservation)
East Residential)
Detached Clark County
Clark County
RL (Residential Low)
Clark County
R-PD8 (Residential
Single Family, ML (Medium Low
Planned Development
Detached Density Residential)
West 8 Units per Acre)
General Retail R (Rural Density C-1 (Limited
Store Residential) Commercial)

Master Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Purpose and Overlay Districts Compliance
No Applicable Special Purpose or Overlay Districts N/A

Other Plans or Special Requirements Compliance


Northwest Open Space Plan Y*
Centennial Hills Sector Plan N**
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A
*The subject sites were within the project study area for the Northwest Open Space Plan
whose goal is to protect and enhance outdoor resources and infrastructure including
parks, trails, vistas, cultural sites, and natural areas, including floodplains, aquifer
recharge areas, and wildlife habitat.

NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Fourteen
September 12, 2017 - Planning Commission Meeting

**Map Two of the Centennial Hills Sector Plan (Conceptual Land Use Map) shows the
opportunities for development characterized by a framework of land use relationships.
These establish the locations which indicate levels of residential, non-residential and
mixed use opportunities. The Concept categories are linked to the General Plan and
Centennial Hills Town Center categories and to zoning classifications. These provide a
guide for the review of development application. Map Two has the subject sites
designated Rural Preservation.

DEVELOPMENT STANDARDS

Pursuant to Title 19.08, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size N/A 105,415 SF N/A
Min. Lot Width 100 Feet 385 Feet Y
Min. Setbacks
Front 10 Feet 15 Y
Side 10 Feet 82 Y
Corner 10 Feet N/A N/A
Rear 20 Feet 90 Y
Max. Lot Coverage 50 % 28% Y
Limited by residential
Max. Building Height 27 Feet Y
adjacency 30 Feet

Residential Adjacency Standards Required/Allowed Provided Compliance


3:1 proximity slope 81 Feet 90 Feet Y
Trash Enclosure 50 Feet 65 Feet Y

Existing Zoning Permitted Density Units Allowed


R-E (Residence Estates) 2.18 du/ac 5
Proposed Zoning Permitted Density Units Allowed
C-1 (Limited Commercial) N/A N/A

General Plan Permitted Density Units Allowed


DR (Desert Rural Density
2.49 du/ac 4
Residential)
R (Rural Density
3.59 du/ac 2
Residential)

NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Fifteen
September 12, 2017 - Planning Commission Meeting

Proposed General Plan Permitted Density Units Allowed


SC (Service Commercial) N/A N/A

Pursuant to Title 19.08, the following standards apply:


Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees
Buffer Trees:
North 1 Tree / 20 Linear Feet 14 Trees 14 Trees Y
South 1 Tree / 20 Linear Feet 14 Trees 13 Trees N*
East 1 Tree / 20 Linear Feet 20 Trees 17 Trees N*
West 1 Tree / 20 Linear Feet 16 Trees 11 Trees N*
TOTAL PERIMETER TREES 64 Trees 55 Trees N*
1 Tree / 6 Uncovered
Parking Area Spaces, plus 1 tree at the
30 Trees 49 Trees Y
Trees end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North 8 Feet 8 Feet Y
South 8 Feet 8 Feet Y
East 8 Feet Zero Feet N*
West 15 Feet 15 Feet Y
Not By
Wall Height 6 to 8 Feet Adjacent to Residential
Indicated Condition
*A Condition of Approval has been added requiring a revised landscape plan demonstrating
the minimum required trees and shrubs within the landscape buffers.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Rainbow Blvd Primary Arterial Streets and 60-95 N
Highways Map

NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Sixteen
September 12, 2017 - Planning Commission Meeting

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Required Provided Compliance
Floor Area Parking Parking
Use Parking
or Number Handi- Handi-
Ratio Regular Regular
of Units capped capped
General
Retail Store,
28,800SF 1:250 116
Other Than
Listed
TOTAL SPACES REQUIRED 116 130 Y
Regular and Handicap Spaces Y
111 5 125 5
Required
10,000
Loading
28,800SF to 2 2 Y
Spaces
29,999

NE
GPA-67883



GPA-67883



GPA-67883



GPA-67883


GPA-67883


GPA-67883


GPA-67883

A77
77

bbA7
A77b

A77b
A77A


AA77A

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77bA7A7A
7A7A

7
AA77

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7

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7A 7

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b b 7777 777b
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b7777b
b b b7 77 777
7 7
7 7 7
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77 77777


7
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7777 37773
3 3



GPA-67883, ZON-67884 and SDR-68324



GPA-67883, ZON-67884 and SDR-68324



GPA-67883, ZON-67884 and SDR-68324



GPA-67883, ZON-67884 and SDR-68324



GPA-67883, ZON-67884 and SDR-68324



GPA-67883, ZON-67884 and SDR-68324




GPA-67883, ZON-67884 and SDR-68324

GPA-67883, ZON-67884 and SDR-68324



GPA-67883, ZON-67884 and SDR-68324



GPA-67883, ZON-67884 and SDR-68324


GPA-67883 [PRJ-67774] - GENERAL PLAN AMENDMENT RELATED TO ZON-67884 AND SDR-68324 [PRJ-68162] -
APPLICANT/OWNER: AQUA BAMBOO, LLC, ET AL
EAST SIDE OF RAINBOW BOULEVARD, NORTH OF ANN ROAD
12/05/16
GPA-67883 [PRJ-67774] - GENERAL PLAN AMENDMENT RELATED TO ZON-67884 AND SDR-68324 [PRJ-68162] -
APPLICANT/OWNER: AQUA BAMBOO, LLC, ET AL
EAST SIDE OF RAINBOW BOULEVARD, NORTH OF ANN ROAD
12/05/16
GPA-67883 [PRJ-67774] - GENERAL PLAN AMENDMENT RELATED TO ZON-67884 AND SDR-68324 [PRJ-68162] -
APPLICANT/OWNER: AQUA BAMBOO, LLC, ET AL
EAST SIDE OF RAINBOW BOULEVARD, NORTH OF ANN ROAD
12/05/16
GPA-67883 [PRJ-67774] - GENERAL PLAN AMENDMENT RELATED TO ZON-67884 AND SDR-68324 [PRJ-68162] -
APPLICANT/OWNER: AQUA BAMBOO, LLC, ET AL
EAST SIDE OF RAINBOW BOULEVARD, NORTH OF ANN ROAD
12/05/16
GPA-67883 and ZON-67884


GPA-67883 and ZON-67884



GPA-67883 and ZON-67884


DUPLICATE - NOT INCLUDED IN COUNT
DUPLICATE - NOT INCLUDED IN COUNT
DUPLICATE ADDRESS - NOT INCLUDED IN COUNT
DUPLICATE ADDRESS - NOT INCLUDED IN COUNT
DUPLICATE - NOT INCLUDED IN COUNT
DUPLICATE ADDRESS - NOT INCLUDED IN COUNT
APPLICANT/OWNER - NOT INCLUDED IN COUNT
DUPLICATE - NOT INCLUDED IN COUNT
DUPLICATE - NOT INCLUDED IN COUNT
DUPLICATE - NOT INCLUDED IN COUNT
DUPLICATE

DUPLICATE
DUPLICATE
Agenda Item No.: 40.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - ZON-67884 - REZONING RELATED TO GPA-67883 - PUBLIC HEARING -
APPLICANT/OWNER: DEBRA J. REOCH, ET AL - For possible action on a request for a
Rezoning FROM: R-E (RESIDENCE ESTATES) TO: C-1 (LIMITED COMMERCIAL) on 2.42
acres on the east side of Rainbow Boulevard, approximately 85 feet north of Ann Road (APNs
125-26-410-004 through 006), Ward 6 (Fiore) [PRJ-67774]. Staff recommends DENIAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 16 Planning Commission Mtg. 135
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
ZON-67884



ZON-67884



ZON-67884



ZON-67884


ZON-67884


ZON-67884


ZON-67884

A77
77

bbA7
A77b
A77A


AA77A

7A7
77bA7A7A
7A7A

7
AA77

b

bAb 77

7A 7

bbA7
b77



A7


777b
77A7

77
7
777


b77b
b b

A777A 777 777


77
7

777

b77b
b b
777 777 7
77= b777b
b b b777b
b b 777 7
7777 777b
77A 777 7
77 77
b777b
b b 777
b7 77 777
7 7
7 7 7 7 7
b777b
b b 777

7777=
777

775
b777
b
b777b
b
b 7b7 7 7 77
b77= 5
5
b 777
75
Agenda Item No.: 41.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - SDR-68324 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-
67883 AND ZON-67884 - PUBLIC HEARING - APPLICANT/OWNER: DEBRA J. REOCH,
ET AL - For possible action on a request for a Site Development Plan Review FOR A
PROPOSED 28,800 SQUARE-FOOT GENERAL RETAIL STORE, OTHER THAN LISTED
WITH A WAIVER TO ALLOW A ZERO-FOOT LANDSCAPE BUFFER WHERE EIGHT
FEET IS REQUIRED ALONG THE EAST PERIMETER on 2.42 acres on the east side of
Rainbow Boulevard, approximately 85 feet north of Ann Road (APNs 125-26-410-004 through
006), R-E (Residence Estates) Zone [PROPOSED: C-1 (Limited Commercial)], Ward 6 (Fiore)
[PRJ-68162]. Staff recommends DENIAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 11 Planning Commission Mtg. 5
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
4. Justification Letter
5. Protest/Support Postcards
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
SDR-68324



SDR-68324



SDR-68324



SDR-68324


SDR-68324


SDR-68324


SDR-68324


SDR-68324

SDR-68324
Agenda Item No.: 42.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
WVR-71294 - WAIVER - PUBLIC HEARING - APPLICANT/OWNER: TOUCHSTONE
LONE MOUNTAIN, LLC - For possible action on a request for a Waiver TO ALLOW NO
STREETLIGHTS WHERE SUCH ARE REQUIRED AND TO ALLOW AN INTERSECTION
OFFSET OF 200 FEET WHERE 220 FEET IS REQUIRED FOR A PROPOSED
RESIDENTIAL SUBDIVISION on 9.94 acres on the north side of Rosada Way, approximately
320 feet west of Tee Pee Lane (APN 125-31-701-005), R-E (Residence Estates) Zone, Ward 6
(Fiore) [PRJ-71226]. Staff recommends DENIAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - WVR-71294, WVR-71295, VAR-71296, TMP-71297, VAR-
71286, VAR-71287, VAR-71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and
VAR-71293 [PRJ-71226]
2. Conditions and Staff Report - WVR-71294, WVR-71295, VAR-71296, TMP-71297, VAR-
71286, VAR-71287, VAR-71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and
VAR-71293 [PRJ-71226]
3. Supporting Documentation - WVR-71294, WVR-71295, VAR-71296, TMP-71297, VAR-
71286, VAR-71287, VAR-71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and
VAR-71293 [PRJ-71226]
4. Photo(s) - WVR-71294, WVR-71295, VAR-71296, TMP-71297, VAR-71286, VAR-71287,
VAR-71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-71226]
5. Justification Letter - WVR-71294, WVR-71295, VAR-71296, TMP-71297, VAR-71286,
VAR-71287, VAR-71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-
71293 [PRJ-71226].pdf
6. Support Postcard - WVR-71294 and WVR-71295 [PRJ-71226]
WVR-71294, WVR-71295, VAR-71296, TMP-71297 VAR-71286, VAR-71287, VAR-
71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-
71226]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: TOUCHSTONE LONE MOUNTAIN,
LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
WVR-71294 Staff recommends DENIAL, if approved subject to
conditions:
WVR-71295 Staff recommends DENIAL, if approved subject to WVR-71294
conditions:
VAR-71296 Staff recommends DENIAL, if approved subject to WVR-71294
conditions: WVR-71295

TMP-71297 Staff recommends DENIAL, if approved subject to WVR-71294


conditions: WVR-71295
VAR-71296
VAR-71286 Staff recommends DENIAL, if approved subject to
conditions:
VAR-71287 Staff recommends DENIAL, if approved subject to
conditions:
VAR-71288 Staff recommends DENIAL, if approved subject to
conditions:
VAR-71289 Staff recommends DENIAL, if approved subject to
conditions:
VAR-71290 Staff recommends DENIAL, if approved subject to
conditions:
VAR-71291 Staff recommends DENIAL, if approved subject to
conditions:
VAR-71292 Staff recommends DENIAL, if approved subject to
conditions:
VAR-71293 Staff recommends DENIAL, if approved subject to
conditions:

CS
WVR-71294, WVR-71295, VAR-71296, TMP-71297 VAR-71286, VAR-71287, VAR-
71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-
71226]
Notification Page One
September 12, 2017 - Planning Commission Meeting

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED N/A

NOTICES MAILED 89 - WVR-71294 and WVR-71295


89 - VAR-71296 and TMP-71297
89 - VAR-71286 and VAR-71287
89 - VAR-71288 and VAR-71289
89 - VAR-71290 and VAR-71291
89 - VAR-71292 and VAR-71293

PROTESTS 0 - WVR-71294 and WVR-71295


1 - VAR-71296 and TMP-71297
0 - VAR-71286 and VAR-71287
0 - VAR-71288 and VAR-71289
0 - VAR-71290 and VAR-71291
0 - VAR-71292 and VAR-71293

APPROVALS 1 - WVR-71294 and WVR-71295


1 - VAR-71296 and TMP-71297
1 - VAR-71286 and VAR-71287
1 - VAR-71288 and VAR-71289
1 - VAR-71290 and VAR-71291
1 - VAR-71292 and VAR-71293

CS
WVR-71294, WVR-71295, VAR-71296, TMP-71297 VAR-71286, VAR-71287, VAR-
71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-
71226]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

WVR-71294 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 Title 19.02.240 and 19.02.140.A to allow no streetlights where such
are required and to allow an intersection offset of 200 feet where 220 feet 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.

Public Works

6. The installation of streetlights shall be deferred provided that exterior street lighting
shall be stubbed out for later use, including all necessary underground
improvements including conduit and pull boxes at each future streetlight location,
and the developer shall provide to the City such streetlights for future installation.
Alternatively, monies in lieu of such deferred streetlights, including foundations,
may be contributed to the City if allowed by the Department of Public Works. The
contributed amount shall be based on the Citys current bond schedules for all
streetlights and associated infrastructure deferred by this action adjacent to this
site. If no curb or gutter is required, the street light contribution amount shall
include the cost of constructing the underground infrastructure for the standard
streetlight construction on Rosada Way and Washburn Road.

CS
WVR-71294, WVR-71295, VAR-71296, TMP-71297 VAR-71286, VAR-71287, VAR-
71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-
71226]
Conditions Page Two
September 12, 2017 - Planning Commission Meeting

WVR-71295 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 Title 19.04.070 to allow private streets to be developed to non-


public street standards behind a gate is approved.

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

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

VAR-71296 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.

CS
WVR-71294, WVR-71295, VAR-71296, TMP-71297 VAR-71286, VAR-71287, VAR-
71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-
71226]
Conditions Page Three
September 12, 2017 - Planning Commission Meeting

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 half-street improvements per City Compete Street Standards (including curb and
gutter, sidewalks, permanent paving and possibly fire hydrants and sewers) on
Washburn Road and Rosada 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 City prior to the approval of construction drawings for this
site.

6. A Homeowners Association (HOA) must be created to maintain all unimproved


rights-of-way and public easements within the limits of this site. Alternatively, each
individual lot owner must maintain the unimproved public right-of-way for the full
frontage of the associated lot and that each individual lot owner must maintain the
public easements associated with each lot.

7. Submit a License Agreement for landscaping, private improvements, and


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

CS
WVR-71294, WVR-71295, VAR-71296, TMP-71297 VAR-71286, VAR-71287, VAR-
71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-
71226]
Conditions Page Four
September 12, 2017 - Planning Commission Meeting

TMP-71297 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Variance (VAR-


71296), Waiver (WVR-71294), Waiver (WVR-71295) and Vacation (VAC-66114)
shall be required, if approved.

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

3. Street names must be provided in accordance with the City of Las Vegas Street
Naming and Address Assignment Regulations, 2009 Edition.

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

5. In conjunction with creation, declaration and recordation of the subject common-


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

CS
WVR-71294, WVR-71295, VAR-71296, TMP-71297 VAR-71286, VAR-71287, VAR-
71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-
71226]
Conditions Page Five
September 12, 2017 - Planning Commission Meeting

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


Subdivision Statutes.

Public Works

1. A Petition of Vacation, such as VAC-66114, to eliminate the U.S. Government


Patent Easements within this site shall record immediately prior to (concurrent
with) the Final Map for this site.

2. Dedicate 40-feet of right-of-way for Washburn Road and 30-feet for Rosada Way
on the Final Map for this site. Prepare a Declaration of Utilization to utilize existing
Bureau of Land Management (BLM) patent easements for sewer and roadway
construction requirements on the south side of Rosada Way.

3. Construct half street improvements on Washburn Road and Rosada Way meeting
complete street standards including overpaving and transition paving where legally
able concurrent with the development of this site. All existing paving damaged or
removed by this development shall be restored at its original location and to its
original width concurrent with development of this site. Improvements on
Washburn Road and Rosada Way may be modified through the approval of WVR-
71294 and VAR-71296.

4. Driveways along Washburn Road shall be designed to allow vehicles adequate


space to enter the road facing forward. Backing into Washburn Road shall not be
allowed.

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

6. Meet with the Sanitary Sewer Planning Section of the Department of Public Works
to enter into an Oversizing Agreement for the public sewer interceptor in Washburn
Road prior to the issuance of offsite permits.

7. The applicant shall work with Clark County to determine what must be done to
remove Clark Countys interest in the existing U. S. Government Patent Easement
#27-2016-0027. Provide documentation that Clark County no longer has an
interest in the U. S. Government Patent Easement prior to recordation of a Final
Map for this site.

CS
WVR-71294, WVR-71295, VAR-71296, TMP-71297 VAR-71286, VAR-71287, VAR-
71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-
71226]
Conditions Page Six
September 12, 2017 - Planning Commission Meeting

8. A working sanitary sewer connection shall be in place prior to final inspection of


any units within this development. Full permanent improvements on all major
access streets, including all required landscaped areas between the perimeter wall
and adjacent public street, shall be constructed and accepted by the City prior to
issuance of any building permits beyond 50% of all units within this development.
All off-site improvements adjacent to this site, including all required landscaped
areas between the perimeter walls and adjacent public streets, shall be
constructed and accepted prior to issuance of building permits beyond 75%. The
above thresholds notwithstanding, all required Improvements shall be constructed
in accordance with Title19.02.130.D.

9. Submit a License Agreement for landscaping and private improvements in the


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

10. 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.

11. As per Unified Development Code (UDC) 19.16.060.G, all requirements must be
complied with or such future compliance must be guaranteed by an approved
performance security method in accordance with UDC sections 19.02.130.C and
19.02.130.E.

CS
WVR-71294, WVR-71295, VAR-71296, TMP-71297 VAR-71286, VAR-71287, VAR-
71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-
71226]
Conditions Page Seven
September 12, 2017 - Planning Commission Meeting

12. The approval of all Public Works related improvements shown on this Tentative
Map is in concept only. Specific design and construction details relating to size,
type and/or alignment of improvements, including but not limited to street, sewer
and drainage improvements, shall be resolved prior to approval of the construction
plans by the City. No 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.

VAR-71286 CONDITIONS

Planning

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

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

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

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

CS
WVR-71294, WVR-71295, VAR-71296, TMP-71297 VAR-71286, VAR-71287, VAR-
71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-
71226]
Conditions Page Eight
September 12, 2017 - Planning Commission Meeting

VAR-71287 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-71288 CONDITIONS

Planning

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

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

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

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

CS
WVR-71294, WVR-71295, VAR-71296, TMP-71297 VAR-71286, VAR-71287, VAR-
71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-
71226]
Conditions Page Nine
September 12, 2017 - Planning Commission Meeting

VAR-71289 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-71290 CONDITIONS

Planning

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

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

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

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

CS
WVR-71294, WVR-71295, VAR-71296, TMP-71297 VAR-71286, VAR-71287, VAR-
71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-
71226]
Conditions Page Ten
September 12, 2017 - Planning Commission Meeting

VAR-71291 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-71292 CONDITIONS

Planning

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

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

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

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

CS
WVR-71294, WVR-71295, VAR-71296, TMP-71297 VAR-71286, VAR-71287, VAR-
71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-
71226]
Conditions Page Eleven
September 12, 2017 - Planning Commission Meeting

VAR-71293 CONDITIONS

Planning

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

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

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

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

CS
WVR-71294, WVR-71295, VAR-71296, TMP-71297 VAR-71286, VAR-71287, VAR-
71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-
71226]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Tentative Map for a proposed 18-lot single-family residential
subdivision on a 9.94 acres, located on the south side of Washburn Road,
approximately 320 feet west of Tee Pee Lane, within an R-E (Residence Estates)
zoning district.

ISSUES

A Waiver (WVR-71294) of Title 19.02.240 and 19.02.140.A has been requested to


allow no streetlights where such are required and to allow an intersection offset of
200 feet where 220 feet is required. Staff does not support this request.
A Waiver (WVR-71295) of Title 19.04.070 private street requirements has been
requested to allow private streets to be developed to non-public street standards.
Staff does not support this request.
A Variance (VAR-71296) of Title 19.04.100 has been requested to allow a deviation
from Complete Street standards where such is required. Staff does not support this
request.
Variances (VAR-71286 through VAR-71293) of Title 19.06.060 have been requested
to allow 38-foot front yard setbacks where 50 feet is required in the R-E (Residence
Estates) zoning district. Staff does not support this request.
A Vacation (VAC-66114) was approved to Vacate U.S. Government Patent
Easements on property located on the south side of Washburn Road, approximately
645 feet west of Tee Pee Lane. An Extension of Time will need to be granted as this
entitlement will expire on 10/20/17.

ANALYSIS

The subject site is 9.94 acres and is undeveloped with existing residential development
to the north, south, east and west. The existing General Plan land use designation, RNP
(Rural Neighborhood Preservation), has an allowable density of 2.00 dwelling units per
gross acre which is compatible with the proposed 18 dwellings. Also, the minimum
connectivity score of 1.30 (links/nodes) outlined within Title 19.04.040 do not apply to
developments within the R-E (Residence Estates) zoning district. All of the proposed
lots meet the minimum lot size of 20,000 square feet and the minimum lot width of 100
feet. The subject site is located within Planning Area A1/A2 of the Interlocal Agreement.

CS
WVR-71294, WVR-71295, VAR-71296, TMP-71297 VAR-71286, VAR-71287, VAR-
71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-
71226]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

Development within this designated area is to remain residential at a density of no


greater than two units per gross acre. The applicant adheres to this requirement, as the
proposed residential development has a gross density of 1.81 units per acre.

The applicant has requested a Waiver (WVR-71294) of Title 19.02.240 and 19.02.140.A
to allow no streetlights where such are required and to allow an intersection offset of
200 feet where 220 feet is required from the existing Park Street alignment located to
the south of the subject site. Additionally, a Waiver (WVR-71295) of Title 19.04.070
private street requirements has been request to allow private streets to be developed to
non-public street standards. The applicant has proposed to install 37-foot wide private
streets with no curb and sidewalk where a 47-foot wide private street with a five-foot
sidewalk is the minimum required. Also, a Variance (VAR-71296) of Title 19.04.100 has
been requested to allow a deviation from Complete Street standards; the applicant has
proposed to install no amenity zones and sidewalks along Washburn Road, an 80-foot
Major Collector Street and Rosada Way, a 60-foot Minor Collector Street. Lastly, the
applicant has requested Variances (VAR-71286, VAR-71286, VAR-71287, VAR-71288,
VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293) of Title 19.06.060
to allow a front yard setback variance for eight of the proposed lots. The applicant has
proposed 38-foot front yard setbacks where 50 feet is required in the R-E (Residence
Estates) zoning district for Lots 1-6, 13 and 14.

The submitted east/west cross sections depict maximum natural grade greater than 2%
across this site. Per the Tables in Title 19.06.050 a development with natural slope
greater than 2%, is allowed a maximum six-foot retaining wall. Retaining walls of
unknown height are shown along the east and west property lines. The submitted
north/south cross section depicts maximum natural grade less than 2% across this site.
Per the Tables in Title 19.06.050 a development with natural slope less than 2%, is
allowed a maximum four-foot retaining wall. No retaining walls are shown.

The Clark County School District was provided an opportunity to comment on the
proposed development. However, no comments were received that indicated either a
favorable or unfavorable review of the proposed residential project.

The City is currently working on building complete streets throughout the City. No unique
or extraordinary evidence has been presented to warrant the requested Waivers and
Variance. As such, the hardship is self-imposed and therefore, staff recommends denial of
all associated applications with this project.

CS
WVR-71294, WVR-71295, VAR-71296, TMP-71297 VAR-71286, VAR-71287, VAR-
71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-
71226]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

FINDINGS (WVR-71294)

No substantial evidence has been presented to warrant the requested Waivers of Title
19.02.240 and 19.01.140.A to allow no streetlights where such are required and to allow
an intersection offset of 200 feet where 220 feet is required. Staff recommends denial of
the request with conditions.

FINDINGS (WVR-71295)

No substantial evidence has been presented to warrant the requested Waiver of Title
19.04.070 private street requirements to allow private streets to be developed to non-
public street standards; staff recommends denial of the request with conditions.

FINDINGS (VAR-71296)

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by proposing to not construct the
required improvements associated with the rights-of-way along Washburn Road and
Rosada Way. In view of the absence of any hardships imposed by the sites physical

CS
WVR-71294, WVR-71295, VAR-71296, TMP-71297 VAR-71286, VAR-71287, VAR-
71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-
71226]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

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 (TMP-71297)

The proposed Tentative Map conforms to Nevada Revised Statutes; however, the
applicant has requested Waivers and Variances of Title 19.02 Subdivision Design and
19.04 Complete Street development standards to allow a 37-foot private street where
47 feet is required, an intersection offset of 200 feet where 220 feet is required no
amenity zone improvements, sidewalk and streetlights to the proposed development
depicted on the submitted plans. Staff does not support these requests and
recommends denial with conditions.

FINDINGS (VAR-71286, VAR-71287, VAR-71288, VAR-71289, VAR-71290, VAR-


71291, VAR-71292 and VAR-71293)

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by proposing to construct single-family
dwellings that do not meet Title 19 setback requirements. In view of the absence of any

CS
WVR-71294, WVR-71295, VAR-71296, TMP-71297 VAR-71286, VAR-71287, VAR-
71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-
71226]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

hardships imposed by the sites physical characteristics, it is concluded that the


applicants hardship is preferential in nature, and it is thereby outside the realm of NRS
Chapter 278 for granting of Variances.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The City Council approved a Petition for Annexation (ANX-59278) of
09/02/15 approximately 95.54 acres generally located south of Ann Road and
east of Hualapai Way.
The City Council approved a Waiver (WVR-65940) to allow no
streetlights where such are required and to allow an intersection
offset of 100 feet where 220 feet is required for a proposed
10/19/16
residential subdivision on 10 acres on the north side of Rosada Way,
approximately 320 feet west of Tee Pee Lane. The Planning
Commission recommended approval. Staff recommended denial
The City Council approved a Waiver (WVR-65941) to allow private
streets to be developed to non-public street standards behind a gate
10/19/16 on 10 acres on the north side of Rosada Way, approximately 320 feet
west of Tee Pee Lane. The Planning Commission recommended
approval. Staff recommended denial.
The City Council approved a Variance (VAR-65942) to allow a stub
street terminus where a cul-de-sac is required and to allow a
deviation from complete street standards for a proposed 16-lot
10/19/16
residential subdivision on 10 acres on the north side of Rosada Way,
approximately 320 feet west of Tee Pee Lane. The Planning
Commission recommended approval. Staff recommended denial
The City Council approved a Tentative Map (TMP-65943) for a
proposed 16-lot single family residential subdivision on 10 acres on
10/19/16 the north side of Rosada Way, approximately 320 feet west of Tee
Pee Lane. The Planning Commission recommended approval. Staff
recommended denial
The City Council approved a Petition to Vacate (VAC-66114) U.S.
Government Patent Easements on property located on the north side
10/19/16
of Rosada Way, approximately 645 feet west of Tee Pee Lane. The
Planning Commission and Staff recommended approval.

Most Recent Change of Ownership


06/20/17 A deed was recorded for a change in ownership.

CS
WVR-71294, WVR-71295, VAR-71296, TMP-71297 VAR-71286, VAR-71287, VAR-
71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-
71226]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


There are no related Building Permits/Business Licenses for the subject property.

Pre-Application Meeting
A pre-application meeting was held with the applicant where the
07/20/17
submittal requirements and deadlines were reviewed.

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

Field Check
Staff conducted a routine field check and found an undeveloped lot
08/03/17
with scattered desert vegetation.

Details of Application Request


Site Area
Net Acres 9.94

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
RNP (Rural
Subject R-E (Residence
Undeveloped Neighborhood
Property Estates)
Preservation)
RNP (Rural
R-E (Residence
Undeveloped Neighborhood
Estates)
Preservation)
North RNP (Rural
R-E (Rural Estates
Single-Family Neighborhood
Residential) Clark
Detached Dwelling Preservation) Clark
County
County

CS
WVR-71294, WVR-71295, VAR-71296, TMP-71297 VAR-71286, VAR-71287, VAR-
71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-
71226]
Staff Report Page Seven
September 12, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Undeveloped RNP (Rural
R-E (Rural Estates
Neighborhood
Residential) Clark
South Single-Family Preservation) Clark
County
Detached Dwelling County

RNP (Rural
R-E (Rural Estates
Single-Family Neighborhood
East Residential) Clark
Detached Dwelling Preservation) Clark
County
County
Undeveloped RNP (Rural
R-E (Rural Estates
Neighborhood
Residential) Clark
West Single-Family Preservation) Clark
County
Detached Dwelling County

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
No Applicable Special Area or Overlay Districts N/A
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement Y
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

CS
WVR-71294, WVR-71295, VAR-71296, TMP-71297 VAR-71286, VAR-71287, VAR-
71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-
71226]
Staff Report Page Eight
September 12, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to Title 19.06, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Setbacks:
Front (public street) 50 Feet 38/50 N*/Y
Front (private street) 30 Feet 30 Feet Y
Side 10 Feet 10 Feet Y
Rear 35 Feet 35 Feet Y
Corner 15 Feet 15 Feet Y
*The applicant has requested a front yard setback variance for Lots 1-6, 13 and 14.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Washburn Road Public Street 80 N
Streets & Highways
Master Plan of
Rosada Way Public Street 60 N
Streets & Highways
*See note on Streetscape Standards Table below

Pursuant to Title 19.02 and 19.04, the following parking standards apply:
Streetscape Standards Required Provided Compliance
80-foot wide right-of- 80-foot wide right-of-
way, including amenity way, no amenity
Washburn Road N*
zone, sidewalk and zone, sidewalk and
streetlights streetlights
60-foot wide right-of- 60-foot wide right-of-
way, including amenity way, no amenity
Rosada Way N*
zone, sidewalk and zone, sidewalk and
streetlights streetlights
47-foot wide right-of- 37-foot wide right-of-
Street A, B way, including amenity way, no amenity
N*
(private streets) zone, sidewalk and zone, sidewalk and
streetlights streetlights
*The applicant has a requested a Waiver (WVR-71294), Waiver (WVR-71295) and
Variance (VAR-71296) to waive all Title 19.02 improvement requirements and 19.04
complete street development standards associated with the insufficient right-of-way
width, no sidewalk and streetlight improvements along the proposed private streets and
existing Washburn Road and Rosada Way rights-of-way which surround the subject
site.

CS
WVR-71294



WVR-71294

WVR-71294, WVR-71295, VAR-71296, TMP-71297, VAR-71286, VAR-71287, VAR-71288, VAR-71289,


VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-71226] - REVISED

WVR-71294, WVR-71295, VAR-71296, TMP-71297, VAR-71286, VAR-71287, VAR-71288, VAR-71289,


VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-71226] - REVISED

WVR-71294, WVR-71295, VAR-71296, TMP-71297, VAR-71286, VAR-71287, VAR-71288, VAR-71289,


VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-71226] - REVISED

WVR-71294, WVR-71295, VAR-71296, TMP-71297, VAR-71286, VAR-71287, VAR-71288, VAR-71289,


VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-71226] - REVISED

WVR-71294, WVR-71295, VAR-71296, TMP-71297, VAR-71286, VAR-71287, VAR-71288, VAR-71289,


VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-71226] - REVISED
WVR-71294 [PRJ-71226] - WAIVER RELATED TO WVR-71295, VAR-71296, TMP-71297, VAR-71286, VAR-71287,
VAR-71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 AND VAR-71293 - APPLICANT/OWNER:
TOUCHSTONE LONE MOUNTAIN, LLC
NORTH SIDE OF ROSADA WAY, WEST OF TEE PEE LANE
08/03/2017
WVR-71294 [PRJ-71226] - WAIVER RELATED TO WVR-71295, VAR-71296, TMP-71297, VAR-71286, VAR-71287,
VAR-71288, VAR-71289, VAR-71290, VAR-71291, VAR-71292 AND VAR-71293 - APPLICANT/OWNER:
TOUCHSTONE LONE MOUNTAIN, LLC
NORTH SIDE OF ROSADA WAY, WEST OF TEE PEE LANE
08/03/2017
A

A77

b777777
77
7777

7 7b7777A7777A777A

7777777777777777
7 7 7 7 7 77 7 7 7 7 7 7 77
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 b7
7 7 7 b7 7 7 7 7 7 7 7 7 7 7 97 7
7777777b7777

77b7777777777777
7777777777777777
7 7 7 7 7 7 7 7 7 7 7 7 7 7 =
777777777777777777777
777777777777777

7 7
7 A77777
7 7 77=7777777777
7 7 7777=77777b7777
7 77 777777777777
7 7 7 7 7 7 7 7 7 7 7 7 7
77777777777777
7777=

A7777777777777777777
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7777777777777 7777
777777777777777777
7777777777777777
77=77777777777777777
7 7 7 7 7 7 7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 Ab7 7 7 7 7 7 7 7
=777777777777777



WVR-71294, WVR-71295, VAR-71296, TMP-71297, VAR-71286, VAR-71287, VAR-71288,
VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-71226] - REVISED
b7777
7
A77

7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
77777777777777

7 7 77777
7 7 77777
7 7 77777
7 7 =77777=
7 7 b777777777
7 7bbA77 77777777777
7 7 777=777777

=7777777

b7

777
7

WVR-71294, WVR-71295, VAR-71296, TMP-71297, VAR-71286, VAR-71287, VAR-71288,


VAR-71289, VAR-71290, VAR-71291, VAR-71292 and VAR-71293 [PRJ-71226] - REVISED
Agenda Item No.: 43.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
WVR-71295 - WAIVER RELATED TO WVR-71294 - PUBLIC HEARING -
APPLICANT/OWNER: TOUCHSTONE LONE MOUNTAIN, LLC - For possible action on a
request for a Waiver TO ALLOW PRIVATE STREETS TO BE DEVELOPED TO NON-
PUBLIC STREET STANDARDS on 9.94 acres on the north side of Rosada Way, approximately
320 feet west of Tee Pee Lane (APN 125-31-701-005), R-E (Residence Estates) Zone, Ward 6
(Fiore) [PRJ-71226]. Staff recommends DENIAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
WVR-71295



WVR-71295



Agenda Item No.: 44.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71296 - VARIANCE RELATED TO WVR-71294 AND WVR-71295- PUBLIC
HEARING - APPLICANT/OWNER: TOUCHSTONE LONE MOUNTAIN, LLC - For possible
action on a request for a Variance TO ALLOW A DEVIATION FROM COMPLETE STREET
STANDARDS FOR A PROPOSED 18-LOT RESIDENTIAL SUBDIVISION on 9.94 acres on
the north side of Rosada Way, approximately 320 feet west of Tee Pee Lane (APN 125-31-701-
005), R-E (Residence Estates) Zone, Ward 6 (Fiore) [PRJ-71226]. Staff recommends DENIAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 1 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest/Support Postcards - VAR-71296 and TMP-71297 [PRJ-71266]
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAR-71296



VAR-71296



Agenda Item No.: 45.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
TMP-71297 - TENTATIVE MAP RELATED TO WVR-71294, WVR-71295 AND VAR-71296
- GRAND CANYON AND ROSADA - PUBLIC HEARING - APPLICANT/OWNER:
TOUCHSTONE LONE MOUNTAIN, LLC - For possible action on a request for a Tentative
Map FOR A PROPOSED 18-LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION on 9.94
acres on the north side of Rosada Way, approximately 320 feet west of Tee Pee Lane (APN 125-
31-701-005), R-E (Residence Estates) Zone, Ward 6 (Fiore) [PRJ-71226]. Staff recommends
DENIAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 1 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Clark County School District - School Development Tracking Form
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
TMP-71297



TMP-71297

TMP-71297 - REVISED

TMP-71297 - REVISED

TMP-71297 - REVISED

TMP-71297

TMP-71297
TMP-71297
Agenda Item No.: 46.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71286- VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: TOUCHSTONE
LONE MOUNTAIN, LLC - For possible action on a request for a Variance TO ALLOW A 38-
FOOT FRONT YARD SETBACK WHERE 50 FEET IS REQUIRED FOR LOT 1 OF A
PROPOSED 18-LOT RESIDENTIAL SUBDIVISION on 9.94 acres on the north side of Rosada
Way, approximately 320 feet west of Tee Pee Lane (APN 125-31-701-005), R-E (Residence
Estates) Zone, Ward 6 (Fiore) [PRJ-71226]. Staff recommends DENIAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Support Postcard - VAR-71286 and VAR-71287 [PRJ-71226]
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAR-71286



VAR-71286



7AA
A7
b7A7
A7
A7A7
A7
b7

7 7 7 7
7
A7
7



A
bb
7A7
77 7

7 7 7 7
7 7
77

7 7
7
A 77
7 A 7
7 77
7
777
77
7

A 7 7


7

7

b 777A 7
77
(AA

7 7 7
7 7 7
7

7 7 7
7bA
7

7Ab7
7777 7b77
777
77A7 77
A7A
b77 77

A77 7 7 A7 7 7 7

b 777A 7

7
7A 7A

7 7 7
7
A 7
7A


77Ab7A


777A7A 777
7777A
A7
bAb
77 7 77b77 7 7 b777

VAR-71286, VAR-71287, VAR-71288, VAR-71289, VAR-71290, VAR-71291,


VAR-71292, VAR-71293, VAR-71296, WVR-71294, WVR-71295 and TMP-71297
7AA

7
7

7
7

7
7
7

7
7

7
7
7

VAR-71286, VAR-71287, VAR-71288, VAR-71289, VAR-71290, VAR-71291,


7 7 A 7
A 7 A 7 7
7
7
7
7
77 A
7
7
bb
7A
AA
7
7
A

VAR-71292, VAR-71293, VAR-71296, WVR-71294, WVR-71295 and TMP-71297


7 A b A A7A A b7A
A7
b7A7
A7
A7A7
A7

AbA
b7

77bA 77bA

7AA
A7
7

7b


A
bb
7A7
77 7

A7b
7 7
77

7 7
7


A 77
7 A 7



7 77
7
777
77
7

A 7 7

7
7


77
*AA

b 777A 7 7A77 7A77


77 77
77 b 77 b

A7A7 A7A7


b7A
b7A

7 7 7 7 7A A
7bA
7
7A7
7A7

7A7
7A7

7Ab7 A7 7 7A
7777 7b77
777
77A7 77
A7A
b77 77

AA
AA A77 7 7 A7 7 7 7 77 7A77A77A7b7 7777 777 A77 b77 7A77A7A7b7 7777 777 A77
A AA7A
7 b77A
b77A
Ab AA7bb
7 A
A
A7 Abb7A
Abb7A7
b *b7bb7
b Ab7*b
Ab7*7b7
b *b7bb7 b 777A 7
b b
7
*A

7
AA7A

7 A 7
7 7
A7 b7Abb7A
7 bA


7 A
A
7 *7AA7A7*
*7AA7A7* 7
b7
7bb7**
b77bb7**7 7A 7A
* * 7bA7bAA
7bA7b7AA7
AbA AA 7 7 7
7 A7A7A7A7b 7
A 7

7A



77bA

77Ab7A

7
7 777A7A 777
7777A
A A7Abb7A A7
7 b77A77 bAb
A7AA77A
77 7 77b77 7 7 b777

VAR-71286, VAR-71287, VAR-71288, VAR-71289, VAR-71290, VAR-71291,


VAR-71292, VAR-71293, VAR-71296, WVR-71294, WVR-71295 and TMP-71297
7
7

7
7

7
7
7

7
7

7
7
7

VAR-71286, VAR-71287, VAR-71288, VAR-71289, VAR-71290, VAR-71291,


7 77
7 A 7
7
77
7 7

A 7 7
A 77
7 7
7
77
7 A
7
777
7 bb
7A7
AA
77 7
77 7 A7 b7 A7 A7A7 A7 b7A7 A7

VAR-71292, VAR-71293, VAR-71296, WVR-71294, WVR-71295 and TMP-71297


7
7
7

7
7
7
7

7
7
7

7
7
7
7

777
777

7
7

bA7777
bA7777

7
7
7

7
7
7
7

7
7

7
7
7

VAR-71286, VAR-71287, VAR-71288, VAR-71289, VAR-71290, VAR-71291,


7 77
7 A
7 7
77
7 7
A 7 7
A 77
7 7
7
7
7
7
77 A
7
7
7 77 bb
7A7
&AA7
77 7
77 7 A7 b7 A7 A7A7 A7 b7A7 A7

VAR-71292, VAR-71293, VAR-71296, WVR-71294, WVR-71295 and TMP-71297


Agenda Item No.: 47.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71287 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: TOUCHSTONE
LONE MOUNTAIN, LLC - For possible action on a request for a Variance TO ALLOW A 38-
FOOT FRONT YARD SETBACK WHERE 50 FEET IS REQUIRED FOR LOT 2 OF A
PROPOSED 18-LOT RESIDENTIAL SUBDIVISION on 9.94 acres on the north side of Rosada
Way, approximately 320 feet west of Tee Pee Lane (APN 125-31-701-005), R-E (Residence
Estates) Zone, Ward 6 (Fiore) [PRJ-71226]. Staff recommends DENIAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAR-71287



VAR-71287


Agenda Item No.: 48.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71288 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: TOUCHSTONE
LONE MOUNTAIN, LLC - For possible action on a request for a Variance TO ALLOW A 38-
FOOT FRONT YARD SETBACK WHERE 50 FEET IS REQUIRED FOR LOT 3 OF A
PROPOSED 18-LOT RESIDENTIAL SUBDIVISION on 9.94 acres on the north side of Rosada
Way, approximately 320 feet west of Tee Pee Lane (APN 125-31-701-005), R-E (Residence
Estates) Zone, Ward 6 (Fiore) [PRJ-71226]. Staff recommends DENIAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Support Postcard - VAR-71288 and VAR-71289 [PRJ-71226]
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAR-71288



VAR-71288



Agenda Item No.: 49.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71289 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: TOUCHSTONE
LONE MOUNTAIN, LLC - For possible action on a request for a Variance TO ALLOW A 38-
FOOT FRONT YARD SETBACK WHERE 50 FEET IS REQUIRED FOR LOT 4 OF A
PROPOSED 18-LOT RESIDENTIAL SUBDIVISION on 9.94 acres on the north side of Rosada
Way, approximately 320 feet west of Tee Pee Lane (APN 125-31-701-005), R-E (Residence
Estates) Zone, Ward 6 (Fiore) [PRJ-71226]. Staff recommends DENIAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAR-71289



VAR-71289



Agenda Item No.: 50.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71290 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: TOUCHSTONE
LONE MOUNTAIN, LLC - For possible action on a request for a Variance TO ALLOW A 38-
FOOT FRONT YARD SETBACK WHERE 50 FEET IS REQUIRED FOR LOT 5 OF A
PROPOSED 18-LOT RESIDENTIAL SUBDIVISION on 9.94 acres on the north side of Rosada
Way, approximately 320 feet west of Tee Pee Lane (APN 125-31-701-005), R-E (Residence
Estates) Zone, Ward 6 (Fiore) [PRJ-71226]. Staff recommends DENIAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Support Postcard - VAR-71290 and VAR-71291 [PRJ-71226]
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAR-71290



VAR-71290



Agenda Item No.: 51.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71291 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: TOUCHSTONE
LONE MOUNTAIN, LLC - For possible action on a request for a Variance TO ALLOW A 38-
FOOT FRONT YARD SETBACK WHERE 50 FEET IS REQUIRED FOR LOT 6 OF A
PROPOSED 18-LOT RESIDENTIAL SUBDIVISION on 9.94 acres on the north side of Rosada
Way, approximately 320 feet west of Tee Pee Lane (APN 125-31-701-005), R-E (Residence
Estates) Zone, Ward 6 (Fiore) [PRJ-71226]. Staff recommends DENIAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAR-71291



VAR-71291



Agenda Item No.: 52.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71292 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: TOUCHSTONE
LONE MOUNTAIN, LLC - For possible action on a request for a Variance TO ALLOW A 38-
FOOT FRONT YARD SETBACK WHERE 50 FEET IS REQUIRED FOR LOT 13 OF A
PROPOSED 18-LOT RESIDENTIAL SUBDIVISION on 9.94 acres on the north side of Rosada
Way, approximately 320 feet west of Tee Pee Lane (APN 125-31-701-005), R-E (Residence
Estates) Zone, Ward 6 (Fiore) [PRJ-71226]. Staff recommends DENIAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Support Postcard - VAR-71292 and VAR-71293 [PRJ-71226]
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAR-71292



VAR-71292



Agenda Item No.: 53.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71293 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: TOUCHSTONE
LONE MOUNTAIN, LLC - For possible action on a request for a Variance TO ALLOW A 38-
FOOT FRONT YARD SETBACK WHERE 50 FEET IS REQUIRED FOR LOT 14 OF A
PROPOSED 18-LOT RESIDENTIAL SUBDIVISION on 9.94 acres on the north side of Rosada
Way, approximately 320 feet west of Tee Pee Lane (APN 125-31-701-005), R-E (Residence
Estates) Zone, Ward 6 (Fiore) [PRJ-71226]. Staff recommends DENIAL.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAR-71293



VAR-71293



Agenda Item No.: 54.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71086 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: DCB, INC. - For
possible action on a request for a Variance TO ALLOW A 10-FOOT TALL BLOCK WALL
WITH CHAIN LINK FENCE AND RAZOR WIRE WHERE EIGHT FEET IS THE
MAXIMUM HEIGHT ALLOWED ALONG THE WEST PERIMETER; AN 11-FOOT TALL
BLOCK WALL WITH CHAIN LINK FENCE WITH RAZOR WIRE WHERE EIGHT FEET IS
THE MAXIMUM HEIGHT ALLOWED ALONG THE NORTH PERIMETER; AN 11-FOOT
TALL CHAIN LINK FENCE WITH RAZOR WIRE WHERE FIVE FEET IS THE MAXIMUM
HEIGHT ALLOWED ALONG THE EAST PERIMETER; A ZERO-FOOT SIDE YARD
SETBACK WHERE 10 FEET IS REQUIRED FOR AN EXISTING SHADE STRUCTURE
WITH RAZOR WIRE; AND RAZOR WIRE ON INTERIOR SCREEN WALLS on 0.23 acres
at 47 30th Street (APN 139-36-414-004), M (Industrial) Zone, Ward 3 (Coffin) [PRJ-69816].
Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-71086 and VAR-71449 [PRJ-69816]
2. Conditions and Staff Report - VAR-71086 and VAR-71449 [PRJ-69816]
3. Supporting Documentation - VAR-71086 and VAR-71449 [PRJ-69816]
4. Photo(s) - VAR-71086 and VAR-71449 [PRJ-69816]
5. Justification Letter - VAR-71086 and VAR-71449 [PRJ-69816]
6. Support Postcard - VAR-71086 and VAR-71449 [PRJ-69816]
VAR-71086 and VAR-71449 [PRJ-69816]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: DCB, INC.

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71086 Staff recommends DENIAL, if approved subject to N/A
conditions:
VAR-71449 Staff recommends DENIAL, if approved subject to N/A
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 37

NOTICES MAILED 117

PROTESTS 0

APPROVALS 1

RG
VAR-71086 and VAR-71449 [PRJ-69816]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71086 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-71449 CONDITIONS

Planning

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

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

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

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

RG
VAR-71086 and VAR-71449 [PRJ-69816]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is requesting a Variance to allow a 10-foot tall block wall and chain link
fence with razor wire along the west property line; an 11-foot block wall and chain link
fence with razor wire along the north property line; an 11-foot tall maximum overall
height chain link fence with razor wire along a portion of the east property line; and an
existing shade structure within the required side yard setback and a Variance to allow
the existing Outdoor Storage within the setback area on a property located at 47 30th
Street.

ISSUES

Variances are required to allow a 10-foot tall block wall and chain link fence with
razor wire where eight feet is the maximum height allowed along the west property
line, an 11-foot tall perimeter block wall and chain link fence with razor wire where
eight feet is the maximum height allowed along the north property line, and to allow
an 11-foot tall perimeter chain link fence with razor wire where five feet is the
maximum height is allowed along a portion of the east property line. Staff does not
support this request.
A Variance is required to allow an existing shade structure with a two-foot side yard
setback, where 10 feet is required with a razor wire along the south elevation. Staff
does not support this request.
A Variance is required to allow razor wire on interior screen wall. Staff does not
support this request.
A Variance is required to allow the Outdoor Storage within the required setback
where it is not allowed. Staff does not support this request.
This application is a result of a Code Enforcement case (#173879) for the existing
razor wire above the perimeter walls.

ANALYSIS

The subject property is located on an M (Industrial) zoning district and is subject to Title
19.08 development standards.

The applicant is requesting a Variance to allow a 10-foot tall block wall and chain link
fence with razor wire along the west property line; an 11-foot tall block wall and chain
link fence with razor wire along the north property line and an 11-foot tall chain link

RG
VAR-71086 and VAR-71449 [PRJ-69816]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

fence with razor wire along a portion of the east property line, and to allow a razor wire
on interior screen walls. The maximum height of a perimeter wall pursuant to 19.08.100
is eight feet along the west and north property lines, and five feet along the east
property line.

The existing shade structure was constructed without a building permit. In order for the
structure to be issued a building permit, it must meet the required setback. The
applicant is requesting a Variance to allow the shade structure two feet from the side
property line where 10 feet is required. The shade structure contains razor wire along
the south elevation under the roof structure.

The applicant is requesting a Variance of Title 19.08.040, to allow Outdoor Storage


where not permitted in the required setback. There are a total of four storage
containers along the north property line.

The applicant has created a self-imposed hardship by placing all aforementioned


materials on the subject property; therefore, staff recommends denial of these requests.
If the application is denied, the razor and chain link fences will need to be removed, the
existing shade structure, and the outdoor storage will need to be relocated to meet the
setback requirements.

FINDINGS (VAR-71086)

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

RG
VAR-71086 and VAR-71449 [PRJ-69816]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by increasing the wall height with chain
link fence and razor wire; constructing a shade structure not meeting the setback
requirements; installing razor wire on the interior screen walls; and locating Outdoor
Storage within the setback area. The alternative is to remove the chain link and razor
wire above the existing wall and a maximum of five-foot tall fence within the front
setback area; relocating the existing shade structure at the 10-foot setback; and
relocate the Outdoor Storage away from the setback area would allow conformance to
the Title 19 requirements. In view of the absence of any hardships imposed by the
sites physical characteristics, it is concluded that the applicants hardship is preferential
in nature, and it is thereby outside the realm of NRS Chapter 278 for granting of
Variances.

BACKGROUND INFORMATION

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


The Board of City Commissioners approved a request for
reclassification of property (Z-0066-64) generally located on East
10/27/64 Charleston Boulevard, bounded by Mojave Road on the east and
Stewart Avenue on the north, From: C-1 (Limited Commercial) to: M
(Industrial). The Planning Commission recommended approval.
The Planning Commission approved a Plot Plan Review [Z-0066-
11/14/74 64(18)] on two properties generally located on the west side of 30 th
Street between Builders Avenue and Contract Avenue.
A Code Enforcement case (#173879) was processed for razor wire on
01/20/17 top the existing perimeter wall at 47 30th Street. The case is currently
active.

Most Recent Change of Ownership


07/11/13 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#19208) was issued for an Office and Shop Building
11/26/74
at 47 30th Street. The permit was finalized on 07/31/75.
A building permit (#6100) was issued for a tenant improvement at 47
03/06/85
30th Street. The permit was finalized on 05/25/86.

RG
VAR-71086 and VAR-71449 [PRJ-69816]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

Pre-Application Meeting
A pre-application meeting was conducted with the applicant and
04/03/17
discussed the Variance application submittal process.

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

Field Check
A field check by staff was conducted of the subject site. It was noted
that the north and west perimeter walls had chain link fences and razor
wire above the eight-foot block wall. Also, the east perimeter has a
06/29/17 fence above the specified height within the front yard setback. Staff
noted an Outdoor Storage area within the setback area and noted that
the applicant requires additional Variance application to allow the
Outdoor Storage within the setback area.

Details of Application Request


Site Area
Net Acres 0.23

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject LI/R (Light
Vacant M (Industrial)
Property Industry/Research)
LI/R (Light
North Vacant M (Industrial)
Industry/Research)
Auto Repair LI/R (Light
South M (Industrial)
Garage, Major Industry/Research)
LI/R (Light
East Vacant M (Industrial)
Industry/Research)
Multi-Family H (High Density C-2 (General
West
Residential Residential) Commercial)

RG
VAR-71086 and VAR-71449 [PRJ-69816]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

Master and Neighborhood Plan Areas Compliance


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

DEVELOPMENT STANDARDS

Pursuant to Title 19.08, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Width 100 Feet 68 Feet Y*
Min. Setbacks (Shade Structure)
Side 10 Feet 2 Feet N
*A legal nonconforming lot width.

Actual Complian
Functional
Governing Street ce with
Street Name Classification of
Document Width Street
Street(s)
(Feet) Section
30th Street Local Street Title 13 60 Y

RG
VAR-71086



VAR-71086




VAR-71086 and VAR-71449 - REVISED

VAR-71086 and VAR-71449


VAR-71086 [PRJ-69816] - VARIANCE RELATED TO VAR-71449 - APPLICANT/OWNER: DCB, INC.
47 30TH STREET
06/29/2017
VAR-71086 [PRJ-69816] - VARIANCE RELATED TO VAR-71449 - APPLICANT/OWNER: DCB, INC.
47 30TH STREET
06/29/2017
VAR-71086 [PRJ-69816] - VARIANCE RELATED TO VAR-71449 - APPLICANT/OWNER: DCB, INC.
47 30TH STREET
06/29/2017
VAR-71086 [PRJ-69816] - VARIANCE RELATED TO VAR-71449 - APPLICANT/OWNER: DCB, INC.
47 30TH STREET
06/29/2017
VAR-71086 [PRJ-69816] - VARIANCE RELATED TO VAR-71449 - APPLICANT/OWNER: DCB, INC.
47 30TH STREET
06/29/2017
VAR-71086 [PRJ-69816] - VARIANCE RELATED TO VAR-71449 - APPLICANT/OWNER: DCB, INC.
47 30TH STREET
06/29/2017
VAR-71086 [PRJ-69816] - VARIANCE RELATED TO VAR-71449 - APPLICANT/OWNER: DCB, INC.
47 30TH STREET
06/29/2017
VAR-71086 [PRJ-69816] - VARIANCE RELATED TO VAR-71449 - APPLICANT/OWNER: DCB, INC.
47 30TH STREET
06/29/2017
VAR-71086 [PRJ-69816] - VARIANCE RELATED TO VAR-71449 - APPLICANT/OWNER: DCB, INC.
47 30TH STREET
06/29/2017
VAR-71086 [PRJ-69816] - VARIANCE RELATED TO VAR-71449 - APPLICANT/OWNER: DCB, INC.
47 30TH STREET
06/29/2017
VAR-71086 [PRJ-69816] - VARIANCE RELATED TO VAR-71449 - APPLICANT/OWNER: DCB, INC.
47 30TH STREET
06/29/2017

VAR-71086 and VAR-71449



VAR-71086 and VAR-71449



VAR-71086 and VAR-71449


Agenda Item No.: 55.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, Consent Discussion
ACTING

SUBJECT:
VAR-71449 - VARIANCE RELATED TO VAR-71086 - PUBLIC HEARING -
APPLICANT/OWNER: DCB, INC. - For possible action on a request for a Variance TO
ALLOW AN OUTDOOR STORAGE WITHIN THE SETBACK AREA WHERE IS NOT
ALLOWED on 0.23 acres at 47 30th Street (APN 139-36-414-004), M (Industrial) Zone, Ward 3
(Coffin) [PRJ-69816]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAR-71449



VAR-71449


Agenda Item No.: 56.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71349 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: CHETAK
DEVELOPMENT CORPORATION - For possible action on a request for a Variance TO
ALLOW A PROPOSED 55-FOOT TALL OFF-PREMISE SIGN WHERE 40 FEET IS
ALLOWED on 1.67 at the northwest corner of Sahara Avenue and Paradise Road (APN 162-03-
411-011), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-71325]. Staff recommends
DENIAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-71349 and SUP-71350 [PRJ-71325]
2. Conditions and Staff Report - VAR-71349 and SUP-71350 [PRJ-71325]
3. Supporting Documentation - VAR-71349 and SUP-71350 [PRJ-71325]
4. Photo(s) - VAR-71349 and SUP-71350 [PRJ-71325]
5. Justification Letter - VAR-71349 and SUP-71350 [PRJ-71325]
VAR-71349 and SUP-71350 [PRJ-71325]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CHETAK DEVELOPMENT
CORPORATION

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71349 Staff recommends DENIAL, if approved subject to N/A
conditions:
SUP-71350 Staff recommends APPROVAL, subject to conditions: VAR-71350

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 17

NOTICES MAILED 1239

PROTESTS 0

APPROVALS 0

RG
VAR-71349 and SUP-71350 [PRJ-71325]
Conditions Page One
July 11, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71349 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-71349) shall be required, if approved.

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

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

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

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

SUP-71350 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for an Off-
Premise Sign use.

2. The Special Use Permit (SUP-1274) is hereby expunged.

3. Approval and conformance to the Conditions of Approval for Variance (VAR-


71349), if approved.

RG
VAR-71349 and SUP-71350 [PRJ-71325]
Conditions Page Two
September 12, 2017 - Planning Commission Meeting

4. If the existing Off-Premise Sign is voluntarily demolished, this Variance (VAR-


71349) and Special Use Permit (SUP-71350) shall be expunged and a new Off-
Premise Sign shall not be permitted in the same location unless a Special Use
Permit is approved for the new structure by the City Council.

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. The existing Off-Premise Sign shall be removed, prior to the issuance of a building
permit for the installation of the new Off-Premise Sign on the same property.

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

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

9. This Special Use Permit shall be reviewed in three (3) years, at which time the City
Council may require the Off-Premise Sign be removed. The applicant shall be
responsible for notification costs of the review. Failure to pay the City for these
costs may result in a requirement that the Off-Premise Sign be removed.

10. The Off-Premise Sign and its supporting structure 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 Off-Premise Sign.

11. The property owner shall keep the property properly maintained and graffiti-free at
all times. Failure to perform required maintenance may result in fines and/or
removal of the Off-Premise Sign.

12. Only one advertising sign is permitted per sign face.

13. Bird deterrent devices shall be installed on the sign.

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

RG
VAR-71349 and SUP-71350 [PRJ-71325]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Special Use Permit for a proposed 14-foot by 48-foot double
sided LED Off-Premise Sign and a Variance to allow a height of 55 feet where 40 feet is
the maximum allowed on property located at the northwest corner of Sahara Avenue
and Paradise Road.

ISSUES

An Off-Premise Sign use is permitted in the C-2 (General Commercial) zoning


district with the approval of a Special Use Permit (SUP-71350). Staff recommends
approval.
A Variance (VAR-71349) is required to allow a proposed 55-foot tall Off-Premise
Sign, where 40 feet is the maximum height allowed. Staff does not support this
request.
The existing Off-Premise Sign on the property will be relocated southeast of its
current location.

ANALYSIS

The subject property currently contains an existing Off-Premise Sign, which was
previously approved under Special Use Permit (SUP-1274) by the City Council on
January 22, 2003.

The existing Off-Premise Sign on the property will be relocated southeast of its current
location, which requires a new Special Use Permit application. The applicant is
proposing a 672 square-foot, 14-foot by 48-foot; double sided Off-Premise Sign with a
digital display unit (LED) which will be oriented toward east and west bound traffic along
Sahara Avenue. It will be located in a parking stall along Sahara Avenue, and is set
back 24 feet from the property line. This will not reduce the amount of onsite parking
spaces. As the stall will be replaced when current sign is removed, since the supporting
post is located in a parking space which will be utilized once the sign is relocated.

The proposed Off-Premise Sign is designed to Title 19 code requirements, with the
exception of overall height. The applicant is requesting a Variance (VAR-71349) to
allow the sign to be 55 feet tall where the maximum height allowed is 40 feet. The
proposed Off-Premise Sign will be located 60 feet from the right-of-way line of Sahara

RG
VAR-71349 and SUP-71350 [PRJ-71325]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

Avenue and will not have its display surface obscured from view from the travel lanes of
the Sahara Avenue. Therefore, the request for a Variance to increase the height of 55
feet is not appropriate for this location. The applicant has not provided evidence of a
unique or extraordinary circumstance and has created a self-imposed hardship by
proposing an Off-Premise Sign above the 40-foot height limit; therefore, staff
recommends denial. If this Variance is denied, the proposed Off-Premise Sign shall
conform to Title 19 maximum height requirement of 40 feet.

The proposed Off-Premise Sign use can be operated in a manner that is and
compatible with the surrounding commercial land uses subject to the conditions
recommended as part of this application. The subject site is a shopping center and the
proposed Off-Premise Sign is suitable in the area.

Prior to the issuance of a building permit for the proposed Off-Premise Sign, the existing
Off-Premise Sign shall be removed with the issuance of a demolition permit. A
condition of approval has been added to avoid the distance separation issue between
Off-Premise Signs on the site.

Pursuant to Ordinance No. 5477, the proposed project is deemed to be a Project of


Regional Significance, since the request for a Special Use Permit is within 500 feet of
unincorporated Clark County. There are no comments received regarding this Special
Use Permit application from other agencies in this matter.

In summary, staff supports the request for the Special Use Permit for the proposed Off-
Premise Sign use. However, staff recommends denial for the request for the Variance
to allow a 55-foot tall height limit.

FINDINGS (VAR-71349)

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning

RG
VAR-71349 and SUP-71350 [PRJ-71325]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

regulation would result in peculiar and exceptional practical difficulties to, or


exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by proposing a height of the Off-Premise
Sign above the 40-foot height limit. The alternative is to lower the height to 40 feet to
allow conformance to the Title 19 requirements. In view of the absence of any
hardships imposed by the sites physical characteristics, it is concluded that the
applicants hardship is preferential in nature, and it is thereby outside the realm of NRS
Chapter 278 for granting of Variances.

FINDINGS (SUP-71350)

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 Off-Premise Sign use can be operated in a manner that is


compatible with the surrounding commercial land uses subject to the conditions
recommended as part of this application and with a maximum height of 40 feet.

2. The subject site is physically suitable for the type and intensity of land use
proposed.

The proposed Off-Premise Sign use will be located within 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 Sahara Avenue and Paradise Road, both are 100-
foot Primary Arterial as classified by the Master Plan of Streets and Highways.
Both rights-of-way are adequate in size to accommodate the proposed Off-
Premise Sign use.

RG
VAR-71349 and SUP-71350 [PRJ-71325]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

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

The Off-Premise Sign use will be subject to building permit review and inspections
for code compliance to ensure that it will not compromise the public health, safety
and welfare.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Off-Premise Sign does not meet all of the applicable conditions per
Title 19.12 requirements as evidenced by the Variance application to exceed the
maximum height.

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

The Off-Premise Sign use will be subject to periodic review of the sign as a
condition of approval.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The Board of City Commissioners approved a request for a Rezoning
(Z-0014-64) from R-4 (Apartment Residence) to C-1 (Limited
05/06/64 Commercial) of property generally located on the west side of
Paradise Road between Sahara Avenue and St. Louis Avenue. The
Planning Commission recommended approval of the request.
The Board of City Commissioners denied an appeal of a Variance
(V-0013-73) to allow a three-sided Off-Premise Sign to a height of 55
04/18/73 feet in a residential zone where no Off-Premise Signs are allowed on
property located on the northwest corner of East Sahara Avenue and
Paradise Road. The Board of Zoning Adjustment denied the request.
The City Council approved an appeal of the denial of Special Use
Permit (SUP-1274) for a 14-foot by 48-foot Off-Premise Sign to be 55
feet tall where 40 feet is the maximum allowed adjacent to the
01/22/03 northwest corner of Sahara Avenue and Paradise Road. The Planning
Commission denied the application on 12/19/02, and staff
recommended approval. The condition of approval limited the height
of the Off-Premise Sign to 40 feet.

RG
VAR-71349 and SUP-71350 [PRJ-71325]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The City Council approved a request for a Required Review (RQR-
5925) of an approved Special Use Permit (SUP-1274) for an existing
04/06/05
40-foot tall, 14-foot by 48-foot Off-Premise Sign at 2236 Paradise
Road. The Planning Commission and staff recommended approval.
The City Council approved a request for a Required Review (RQR-
12169) of an approved Special Use Permit (SUP-1274) for an existing
05/17/06
40-foot tall, 14-foot by 48-foot Off-Premise Sign at 2236 Paradise
Road. The Planning Commission and staff recommended approval.
A code enforcement case (#56286) was processed for possible zoning
07/31/07
issues at 2252 Paradise Road. The case was resolved on 08/16/07.
The City Council approved a request for a Required Review (RQR-
33882) of an approved Special Use Permit (SUP-1274) for an existing
06/17/09
40-foot tall, 14-foot by 48-foot Off-Premise Sign at 2236 Paradise
Road. The Planning Commission and staff recommended approval.
A code enforcement case (#81537) was processed for no bird
09/03/09 deterrent devices on the 40-foot tall, 14-foot by 48-foot Off-Premise
Sign at 2236 Paradise Road. The case was resolved on 11/16/09.
The Planning Commission approved a request for a Required Review
(RQR-44030) of an approved Special Use Permit (SUP-1274) for an
01/10/12
existing 40-foot tall, 14-foot by 48-foot Off-Premise Sign at 2252
Paradise Road. Staff recommended approval.
The City Council approved a request for Rezoning (ZON-53065) from
C-1 (Limited Commercial) to C-2 (General Commercial) on 2.4 acres at
05/21/14
2202-2252 Paradise Road. The Planning Commission and staff
recommended approval.
The Planning Commission approved a request for a Site Development
Plan Review (SDR-62716) for the conversion of an existing 40-foot tall,
02/09/16
14-foot by 48-foot Off-Premise Sign to a digital display unit (Led) on
1.66 acres at 2252 Paradise Road. Staff recommended approval.

Most Recent Change of Ownership


11/01/00 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#3026485) was issued for a 40-foot tall, 14-foot by 48-
12/15/03 foot Off-Premise Sign at 2252 Paradise Road. The permit expired and
was renewed on 08/13/07 and finalized on 08/15/07.
An electrical building permit (#5001078) was issued for a billboard at
02/25/05
2252 Paradise Road. The permit expired on 09/03/05.

RG
VAR-71349 and SUP-71350 [PRJ-71325]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

Pre-Application Meeting
A pre-application meeting was conducted where the submittal
07/31/17 requirements for a Variance and Special Use Permit applications were
discussed for the proposed Off-Premise Sign.

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

Field Check
Staff conducted a routine field check of the existing off-premise sign and
08/03/17
observed a well-maintained off-premise sign.

Details of Application Request


Site Area
Net Acres 1.67

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject C-2 (General
Shopping Center C (Commercial)
Property Commercial)
Multi-Family R-4 (High Density
North C (Commercial)
Residential Residential)
Gaming H-1 (Limited Resort and
Commercial Tourist -
South Establishment, Apartment District -
Clark County, Nevada
Non-restricted Clark County, Nevada)
Restaurant
C-1 (Limited
East General Retail C (Commercial)
Commercial)
Office
General Retail C-2 (General
West C (Commercial)
Hotel/Motel Commercial)

Master Plan Areas Compliance


Beverly Green / Southridge Neighborhood Y

RG
VAR-71349 and SUP-71350 [PRJ-71325]
Staff Report Page Seven
September 12, 2017 - Planning Commission Meeting

Special Purpose and Overlay Districts Compliance


G-O (Gaming Enterprise Overlay) District Y
A-O (Airport Overlay) District - 175 Feet Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Y
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance Y

DEVELOPMENT STANDARDS

Standards Code Requirements Provided Compliance


Location No Off-Premise Sign may be The sign is not located in
located within public right-of- public right-of-way, nor is
Y
way in the Off-Premise
Exclusionary Sign Zone
Zoning Permitted in the C-1, C-2, C- The site is zoned C-2
V, C-PB, C-M and M Zoning Y
Districts
Area Maximum surface area of 672 SF with no
672 SF, except that an embellishments.
embellishment of up to 128
Y
SF is allowed to extend up to
5 feet from the rectangular
surface of the sign
Height No higher than 40 feet from The proposed Off-Premise
grade at the point of Sign height is 55 feet. N*
construction
Screening All structural elements of an All structural elements of
Off-Premise Sign to which the signs are screened
the display panels are from public view. Y
attached shall be screened
from view
Off- At least 300 feet to another The nearest off-premise Y
Premise Off-premise Sign (if not sign is approx. 350 feet
Sign along US-95) from the subject sign.

RG
VAR-71349 and SUP-71350 [PRJ-71325]
Staff Report Page Eight
September 12, 2017 - Planning Commission Meeting

Standards Code Requirements Provided Compliance


Off- At least 300 feet to the The sign is more than 400 Y
Premise nearest property line of a lot feet from any property line
Sign in any R or U zoned zoned either R or U.
Separation districts.
Other All Off-Premise Signs shall The sign is permanently Y
be detached and attached to the ground and
permanently secured to the would be detached from
ground and shall not be any other structures.
located on property used for
residential purposes.
*Variance (VAR-71349) application has been submitted along with this Special Use
Permit.

RG
VAR-71349



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VAR-71349 and SUP-71350


VAR-71349 [PRJ-71325] - VARIANCE RELATED TO SUP-71350 - APPLICANT/OWNER: CHETAK DEVELOPMENT
CORPORATION
NORTHWEST CORNER OF SAHARA AVENUE AND PARADISE ROAD
08/03/2017

VAR-71349 and SUP-71350


Agenda Item No.: 57.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-71350 - SPECIAL USE PERMIT RELATED TO VAR-71349 - PUBLIC HEARING -
APPLICANT/OWNER: CHETAK DEVELOPMENT CORPORATION - For possible action on
a request for a Special Use Permit FOR A PROPOSED 14-FOOT BY 48-FOOT, 672 SQUARE-
FOOT LED OFF-PREMISE SIGN USE at the northwest corner of Sahara Avenue and Paradise
Road (APN 162-03-411-011), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-71325].
Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
SUP-71350



SUP-71350


Agenda Item No.: 58.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71238 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: JAMES WULFF -
For possible action on a request for a Variance TO ALLOW A THREE-FOOT SIDE YARD
SETBACK WHERE 10 FEET IS REQUIRED FOR A PROPOSED 944 SQUARE-FOOT
ACCESSORY STRUCTURE (CLASS II) [GARAGE] on 0.40 acres at 4001 Tyler William Lane
(APN 138-01-810-003), R-PD2 (Residential Planned Development - 2 Units per Acre) Zone,
Ward 5 (Barlow) [PRJ-71161]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 2
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Support Postcards
VAR-71238 [PRJ-71161]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: JAMES WULFF

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71238 Staff recommends DENIAL, if approved subject to N/A
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 13

NOTICES MAILED 204

PROTESTS 0

APPROVALS 2

RG
VAR-71238 [PRJ-71161]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71238 CONDITIONS

Planning

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

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

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

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

RG
VAR-71238 [PRJ-71161]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Variance to allow a proposed 944 square-foot Accessory


Structure (Class II) [Garage] to be constructed three feet from the side property line
where 10 feet is required at 4001 Tyler William Lane.

ISSUES

A Variance is required to allow a three-foot side yard setback where 10 feet is


required for an Accessory Structure. Staff does not support this request.

ANALYSIS

The applicant has proposed to construct a 944 square-foot Accessory Structure (Class
II) [Garage] within the rear yard. The subject site is zoned R-PD2 (Residential Planned
Development 2 Units per Acre), which requires a 10-foot side yard setback for
accessory structures. Pursuant to Title 19.18.020, in the Words and Terms Defined, a
Rear Lot Line is defined as The property line opposite and most distant from the front
property line. In the case of a triangular or otherwise irregularly shaped lot, a line 10
feet in length entirely within the lot, parallel to and at a maximum distance from the front
property line. The subject property is an irregularly shaped lot; therefore, the
southwest corner of the lot would be the rear lot line. The side yards consist of the west
and north property lines. The proposed garage location is in the northwest corner of the
property and does not meet the minimum side yard setback requirement of 10 feet.

The proposed structure is a 14-foot tall, single story structure measured at the mid-point
of the gabled roof. The proposed structure is designed to match the existing primary
dwelling with stucco walls painted to match and a tile roof.

The applicant has created a self-imposed hardship by proposing a structure within the
required side yard setback area which resulted in the Variance application. Staff
recommends denial of this request. If this request is approved, it is subject to
conditions.

RG
VAR-71238 [PRJ-71161]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

FINDINGS (VAR-71238)

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by proposing a structure within the
required side yard setback area. Alternative site design or a smaller structure would
allow conformance to the Title 19 requirements. In view of the absence of any
hardships imposed by the sites physical characteristics, it is concluded that the
applicants hardship is preferential in nature, and it is thereby outside the realm of NRS
Chapter 278 for granting of Variances.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The City Council approved a request for a Reclassification of Property
(Z-0082-93) located on the northwest corner of Gilmore Avenue and
Thom Boulevard from R-E (Residence Estates) to R-PD2 (Residential
10/06/93
Planned Development - 2 Units per Acre) for proposed single family
development. The Planning Commission and staff recommended
approval.

RG
VAR-71238 [PRJ-71161]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

Most Recent Change of Ownership


10/19/12 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#93178591) was issued for a single-family dwelling
03/08/93
at 4001 Tyler William Lane. The permit was finalized on 06/17/93.

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
07/11/17
requirements for a Variance were discussed.

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

Field Check
Staff observed a single family residence during a routine field check and
08/03/17
did not note any areas of concern, as the home was well-maintained.

Details of Application Request


Site Area
Net Acres 0.37

Existing Land Planned or Special


Surrounding
Use Per Title Land Use Existing Zoning District
Property
19.12 Designation
R-PD2 (Residential
Subject Single Family, R (Rural Density
Planned Development
Property Detached Residential)
2 Units Per Acre)
R-PD2 (Residential
Single Family, R (Rural Density
North Planned Development
Detached Residential)
2 Units Per Acre)
R-PD2 (Residential
Single Family, R (Rural Density
South Planned Development
Detached Residential)
2 Units Per Acre)

RG
VAR-71238 [PRJ-71161]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding
Use Per Title Land Use Existing Zoning District
Property
19.12 Designation
R-PD2 (Residential
Single Family, R (Rural Density
East Planned Development
Detached Residential)
2 Units Per Acre)
R-PD2 (Residential
Single Family, R (Rural Density
West Planned Development
Detached Residential)
2 Units Per Acre)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District - 105 Feet Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Pursuant to Title 19.06, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Setbacks for an Accessory Structure:
Side 10 Feet 3 Feet N
Min. Distance Between Buildings 6 Feet 8 Feet Y
Max. Rear and Side Yard Coverage 50% 13% Y
16 Feet
Max. Building Height (Principal Dwelling 14 Feet Y
Unit)

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Tyler William
Private Street N/A 40 Y
Lane

RG
VAR-71238



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7

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A7b77

7
7 7

A

7A
bA7777
A

777A777777777
7A7A7A77A77b777A77A7A777b77A77777b77A77A777b77A7

VAR-71238
A7
A7 7A77A7b777bb77A7bAb
7 bA7A7A77A7A777bA7bA7A7A7bb7bA77
A


7 7A77AA77A77
7 bA7bb77A77A7A77A77Ab77
7 7AbA
7 77Ab77
77 7 7
77
7 
7 
77A

7 77A
AA7

7



77



7
7
7 
7 
Ab

7bAA77A
A7

7A7A77
Ab
7

7A7 A7A
bA7777 bA777


77
7 

77A


7
7

7 
777
777

7A
bA777
A


77
7 

77A

b


77A

77
7
7

7 

A7b77

7
7 7

A

7A
bA7777
A

777A777777777
7A7A7A77A77b777A77A7A777b77A77777b77A77A777b77A7

VAR-71238
7A7
A7 7A77A7b777bb77A7bAb
7 7 77A77A7 7b7777A77 7A7A77
A77A7A7A7A77A7A
b7 7b7A777777bA
bA7 7bbA7Ab777A7A7A7b77Ab7A77b7A7

b7 7bbA7Ab777A7A7A7b77Ab7A7 77A
A77777A
bb7 A7A7bb77bbA7bA7A7A7Ab7b7A7bb7A
77b7A7b7b
b7 7bbA7Ab77A77A777A77777A77
A7A77777777A777A777A7A7
b7 77A777b7b7Ab7A7A77A7A
AA777A7b7A7777b7AA
b7 A777Ab7Ab7A7b7bA77Ab7b

7 77777A77AA77A7Ab7A77A7A7A
A
7 A7Ab7A7A77777A7Ab7Ab7A777b777AbA
b7777A7
7 7A7A7777bA
A7 777
7 A77A77Ab77A7
b7 A77 7777A7A7A7A77A7

7 77A7b777AbA7b7777A7
7 A77777A7b7bb77b7AbA7A7b77
AbA7b7777A77777AAb7
7 A777A777b7 77b77A77A7
7 bA7A7A77A7A777bA7bA7A7A7bb7bA77
A


7 77AA77A

Ab

7bAA77A
A7

7A7A77
Ab
7

7 7777 7A7A7bb7b7A7bA777777A


AA
7
AA


777


777

7
A7


7
b


77A
7
7

7A
bA7777 A7b77

7A

Ab7bA7

7 7 7 7
7 A

777A777777777
7A7A7A77A77b77 7A77A7A777b77A7 7777b77A77A777b77A7

VAR-71238
VAR-71238 [PRJ-71161] - VARIANCE - APPLICANT/OWNER: JAMES WULFF
4001 TYLER WILLIAM LANE
08/03/2017
VAR-71238 [PRJ-71161] - VARIANCE - APPLICANT/OWNER: JAMES WULFF
4001 TYLER WILLIAM LANE
08/03/2017

7777b

777777777777777777
777777777777777
77777777777777777
77777777777777777A
777777727777777

27777

VAR-71238
77
7A
77
77b7A
7777

77

7
777
7777

7A77b7777777777

77777

7 7 A77

7 7 A7777
7 77777777

7 7 77<77

7 7 7777

777777777777777
777777<777

A77b


77b7A7777777 77b7b77
77

77


7777&777777
77


VAR-71238
A b 7 A 7 7 7 7A b A
A b b A 7 7A b A
777

A 7 7
7 7
7
7 7 7 A7
A 7

A 7 A 7 7 7
7A 7 7 7
7 777 777 7 7 7 7 77

A 7A
77 77 A 7 7 b 7 7

7 7 7777 7 b 7 7

A7
1 7 b 7 1 7 7 7 7 b7
7 7

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

7 7 7 7 7777 77> 777 7


77777>777 777 77777>7 77
7777 7 77 777 777>77777>7 7
777777 7 77 7 7777777
77 77 77 77 7777 7

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

A b 7 A 7 A 77Ab7b
A

A b 7b 7 77
7

7 7A 7 7 7 7>77 >7 7 >7 77 7 7


7 7 7 77 A 7 7 7 7

1 77 77777A 7 7b 7A b 7 77
7 71 7 177 777A b 77 7 77777 177
7777777b 7A 7 77 7

7 7 7 A
7 7 7 7 7b 7A 7 77
7 7
777 177 7

VAR-71238
A b 7 A 7 7 7 7A b A
A b b A 7 7A b A
7 7
7 7 7 77 77 7 7 77b 77777
7 7 777

7777777
7777777
A 7 7 77777 77

7 7
A 7 7 7 77 A
7 7 7 7 7
7 7 77 7
A777 7
7 7 7

77 7 A

77 7 7 7b 7A 7 77 7 7
777 177 7

VAR-71238
7 777 717 77 7 77 >7 7 7777 7
7 777777 7 77 7 >7 7 77 7
7 7777777 77 7 77

7777 7 71 777777 7777


77 7 7771 777777777
7 77A 7 7b 7A b 7 777777 77
7777 7777777777 777
7 77 77 777 7>777777
77A b 77 7777 77777777777

1 7 7 77

b7 7
1 71 7 7A 7 7

b 7 7

1 71 7 7A 7 7

b 7

7777
7 7

7
7 7
7 7
7 7

71 7 7A 7 777 77 7 7 7
b 7
71 7 7A 7 7 7

b 7 7

71 7 7A 7 7 7

b 7

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

777 177 7

VAR-71238


VAR-71238
Agenda Item No.: 59.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71272 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: DANNY AND
TONI FOX - For possible action on a request for a Variance TO ALLOW A SIX-FOOT REAR
YARD SETBACK FOR A PROPOSED PATIO COVER WHERE 10 FEET IS REQUIRED on
0.07 acres at 10613 Axis Mountain Court (APN 126-13-116-044), PD (Planned Development)
Zone [ML (Medium Low) Cliff''s Edge Special Land Use Designation], Ward 6 (Fiore) [PRJ-
71244]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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-71272 [PRJ-71244]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: DANNY AND TONI FOX

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71272 Staff recommends DENIAL, if approved subject to N/A
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 21

NOTICES MAILED 436

PROTESTS 0

APPROVALS 0

PB
VAR-71272 [PRJ-71244]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71272 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.

PB
VAR-71272 [PRJ-71244]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to construct a patio cover in the rear yard of the property at
10613 Axis Mountain Court.

ISSUES

A building permit (#343141) for a patio cover was issued on 05/24/17. The plans
that were approved depicted a 10-foot rear setback in conformance with the
requirements of Cliffs Edge (Providence).

The applicant has requested a Variance (VAR-71272) to allow a six-foot rear


setback. Staff does not support this request.

ANALYSIS

The subject site is located within the Cliffs Edge (Providence) master plan area and is
zoned PD (Planned Development). The Cliffs Edge master plan includes setback
requirements for patio covers and establishes that setback at 10 feet.

The applicant was issued a building permit (#343141) for a patio cover that met the 10-
foot rear setback requirement. The applicant is now seeking to allow a six-foot rear
setback as measured from the support post to the rear property line.

Staff finds that the applicant has provided no evidence of a unique or extraordinary
circumstance and that there is an absence of hardships imposed by the sites physical
characteristics. Therefore, staff recommends denial.

FINDINGS (VAR-71272)

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


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

PB
VAR-71272 [PRJ-71244]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by proposing to construct a patio cover
that does not meet the rear setback requirements in Cliffs Edge (Providence).
Alternative patio cover designs would allow conformance to the setback requirements.
In view of the absence of any hardships imposed by the sites physical characteristics, it
is concluded that the applicants hardship is preferential in nature, and it is thereby
outside the realm of NRS Chapter 278 for granting of Variances.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc


The City Council approved a request for a Petition to annex (ANX-
3087) property generally located north of Centennial Parkway and
12/17/03 west of Hualapai Way containing approximately 27.50 acres. The
Planning Commission and Staff recommended approval of the
request.
The City Council approved a request for a Rezoning (ZON-3241) from:
U (Undeveloped) [PCD (Planned Community Development) General
Plan Designation] to: PD (Planned Development) on 90.0 acres
02/18/04
generally located between Grand Teton Drive, Centennial Parkway,
Hualapai Way and the Corporate City Limits. The Planning
Commission and Staff recommended approval of the request.
The Planning Commission approved a request for a Tentative Map
(TMP-4706) for a 930-lot Single Family Residential Subdivision on 148
09/23/04
acres adjacent to the northeast corner of Shaumber Road and Farm
Road. Staff recommended approval of the request.

Most Recent Change of Ownership


12/24/13 A deed was recorded for a change in ownership.

PB
VAR-71272 [PRJ-71244]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


A building permit (#239996) was issued for a single family detached
07/17/13 tract home at 10613 Axis Mountain Court. The permit has not been
finalized.
A Building Permit (#343141) was issued for a solid aluminum patio
05/24/17 cover at 10613 Axis Mountain Court. The permit remains open
pending the outcome of this Variance request.

Pre-Application Meeting
Staff held a preapplication meeting with the applicant, discussing the
07/24/17
requirements and submittal checklist for a Variance application.

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

Field Check
Staff completed a routine site visit, noting a well maintained single
08/03/17
family dwelling.

Details of Application Request


Site Area
Net Acres 0.07

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
PCD (Planned
Subject Single Family PD (Planned
Community
Property Dwelling Development)
Development)
PCD (Planned
Single Family PD (Planned
North Community
Dwelling Development)
Development)
PCD (Planned
Single Family PD (Planned
South Community
Dwelling Development)
Development)

PB
VAR-71272 [PRJ-71244]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
PCD (Planned
Single Family PD (Planned
East Community
Dwelling Development)
Development)
PCD (Planned
Single Family PD (Planned
West Community
Dwelling Development)
Development)

Master and Neighborhood Plan Areas Compliance


Cliffs Edge (Providence) *N
Special Area and Overlay Districts Compliance
No Applicable Special Area or Overlay Districts N/A
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A
* The setback proposed to be reduced is included in the Cliffs Edge (Providence)
development standards.

DEVELOPMENT STANDARDS

Pursuant to 19.06, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Setbacks
Rear Patio Covers / 2nd 10 Feet 6 Feet *N
Story Decks
* The applicant has requested a Variance (VAR-71272) to allow a 6-foot rear setback.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Axis Mountain
Local Street Title 13 40 Y
Court

PB
VAR-71272



VAR-71272

VAR-71272
VAR-71272 [PRJ-71244] - VARIANCE - APPLICANT/OWNER: DANNY AND TONI FOX
10613 AXIS MOUNTAIN COURT
08/03/2017
A7b
Ab
A
bAA
7A

7bbA

7777 77
77 %77
777 77
A7 77

77777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777

7A
77777777

7b777

77777#777777777777777777
7777A77b7

#777777

7
A77b7b

VAR-71272

7 7777 7777777

VAR-71272

VAR-71272
Agenda Item No.: 60.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71281 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: RONALD RIPP -
For possible action on a request for a Variance TO ALLOW A TWO-FOOT CORNER SIDE
YARD SETBACK AND A SEVEN-FOOT REAR YARD SETBACK WHERE 15 FEET IS
REQUIRED FOR A PROPOSED 982 SQUARE-FOOT EXPANSION OF A SINGLE FAMILY
DWELLING on 0.42 acres at 1608 Concordia Place (APN 162-02-207-015), R-1 (Single Family
Residential) Zone, Ward 3 (Coffin) [PRJ-71130]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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-71281 [PRJ-71130]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: RONALD RIPP

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71281 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 31

NOTICES MAILED 305

PROTESTS 0

APPROVALS 0

NE
VAR-71281 [PRJ-71130]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71281 CONDITIONS

Planning

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

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

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

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

NE
VAR-71281 [PRJ-71130]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Variance to allow the reduction of the corner side setback from 15
feet to two feet, and to reduce the rear yard setback from 15 feet to seven feet at 1608
Concordia Place.

ISSUES

A Variance is required to reduce setback requirements set forth by Title 19.

ANALYSIS

The applicant is proposing an addition to an existing single family residence within the R-1
(Single Family Residential) zoning district. This 982 square-foot addition will enlarge the
existing garage located in the southwest corner of the residence. In order to accommodate
this expansion, the applicant is requesting a Variance to reduce the rear yard setback from
15 feet to seven feet, and the corner side setback from 15 feet to two feet.

Staff finds the proposed garage addition is too intense for the subject site and will result in
the majority of the southwestern corner of the property being a solid structure with only a
narrow 2.5-foot to 3.75-foot separation between the structure wall and the southern
property line. The applicant has created a self-imposed hardship by proposing to overbuild
this residential lot, and staff is recommending denial of this Variance request.

FINDINGS (VAR-71281)

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of

NE
VAR-71281 [PRJ-71130]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

exceptional topographic conditions or other extraordinary and exceptional


situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by proposing a home addition that
encroaches into the required setback areas for both the corner side and rear yard.
Alternative site design would allow conformance to the Title 19 requirements. In view of
the absence of any hardships imposed by the sites physical characteristics, it is
concluded that the applicants hardship is preferential in nature, and it is thereby outside
the realm of NRS Chapter 278 for granting of Variances.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


No related relevant City actions for the subject site.

Most Recent Change of Ownership


06/28/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#336360) was issued for partial demolition in
02/21/17 preparation of future renovations at 1608 Concordia Place. The permit
is active.

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
07/03/17
requirements for a Variance application were discussed.

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

NE
VAR-71281 [PRJ-71130]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

Field Check
During a routine field check, staff observed the subject single family
08/03/17
residence in the process of being renovated.

Details of Application Request


Site Area
Net Acres 0.42

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family, L (Low Density R-1 (Single Family
Property Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
North
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
South
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
East
Detached Residential) Residential)
L (Low Density R-1 (Single Family
West Undeveloped
Residential) Residential)

Master and Neighborhood Plan Areas Compliance


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

NE
VAR-71281 [PRJ-71130]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to Title 19.06, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size 6,500 SF 18,295 SF Y
Min. Lot Width 60 Feet 112 Feet Y
Min. Setbacks
Front 20 Feet 25 Feet Y
Side 5 Feet 18.5 Feet Y
Corner 15 Feet 2.5 Feet N*
Rear 15 Feet 7 Feet N*
*The applicant is requesting a Variance to allow a seven-foot rear yard setback and a
two-foot corner side setback.

Functional Actual Compliance


Governing
Street Name Classification of Street Width with Street
Document
Street(s) (Feet) Section
Concordia Place Local Street Title 13 50 Y
Oakey Boulevard Collector Title 13 52 Y

NE
VAR-71281



VAR-71281

VAR-71281

VAR-71281

VAR-71281
VAR-71281 [PRJ-71130] - VARIANCE - APPLICANT/OWNER: RONALD RIPP
1608 CONCORDIA PLACE
08/03/2017
VAR-71281 [PRJ-71130] - VARIANCE - APPLICANT/OWNER: RONALD RIPP
1608 CONCORDIA PLACE
08/03/2017
VAR-71281 [PRJ-71130] - VARIANCE - APPLICANT/OWNER: RONALD RIPP
1608 CONCORDIA PLACE
08/03/2017
A77

77777777777777777777777777777777777777777777777777777777777
777777777777777777777777777777777777777777777777777777777777777777777b7
b7777777777777777777777777777777777777777777777777777777777777777777777777777777777777
777
777

77

A77777777777777777777
7777

7 777777777
7 777777777

777777777777777777
77777777677777
777

777776777777777776777
7777777777677777777
777777777777777
777777777777777777
7777777777777777
6777777777777777
77777777777

7777777767777777777
6777777777777777777
77A7777777777777777
7777777777776777A77
7777777777776
7777777b7777777777
777777777777777
77777777777777
777777777A7777

7777777767
b777777777777677777
7777777767776777777777

777777777777777
76

VAR-71281 - REVISED
7 7 7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 7 7 7 7

7777777777777777777
777777777777777777
777777777777777777
777777777777
777777777777777
7777777777777777
77777777

77777777
777777b777777777
77777777777777777
777777777777777777
77777777777777777A7
7777777777777777
7777777

777767777777777777
777777 77777
777777777777777777
7777777777777777
77777777777777777777
77777777777b777
67777777

67

VAR-71281 - REVISED
Agenda Item No.: 61.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71300 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: KENNETH D
VORZIMER REVOCABLE TRUST AND SUSAN KLINE TRUST - For possible action on a
request for a Variance TO ALLOW A ONE-FOOT SIDE YARD SETBACK WHERE THREE
FEET IS REQUIRED AND A THREE-FOOT SEPARATION FROM THE PRIMARY
DWELLING WHERE SIX FEET IS REQUIRED; AND TO ALLOW AN ACCESSORY
STRUCTURE IN THE FRONT YARD WHERE SUCH IS NOT ALLOWED FOR AN
EXISTING 432 SQUARE-FOOT ACCESSORY STRUCTURE (CLASS II) [GARAGE] on
0.69 acres at 2500 Palomino Lane (APN 139-32-702-020), R-A (Ranch Acres) Zone, Ward 1
(Tarkanian) [PRJ-71240]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 2 Planning Commission Mtg. 2
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Support Letters and Protest Postcards
VAR-71300 [PRJ-71240]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: KENNETH D VORZIMER REVOCABLE
TRUST AND SUSAN KLINE TRUST

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71300 Staff recommends DENIAL, if approved subject to N/A
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 25

NOTICES MAILED 135

PROTESTS 2

APPROVALS 2

RG
VAR-71300 [PRJ-71240]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71300 CONDITIONS

Planning

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

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

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

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

RG
VAR-71300 [PRJ-71240]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is requesting a Variance to allow a one-foot side yard setback, a three-
foot distance separation between the dwelling and garage, and to allow in the front
setback area for an existing Accessory Structure (Class II) [Garage] on a single-family
residential property located at 2500 Palomino Lane.

ISSUES

Pursuant to Title 19.08.040 of the Archived Zoning Codes effective on May 1, 2011,
the side yard setback requirement for an accessory structure is three feet. The
requested Variance is to allow a one-foot side yard setback. Staff does not support
this request.
Pursuant to Title 19.08.040 of the Archived Zoning Codes, an accessory structure is
not allowed to be located within the front yard setback. The requested Variance is to
allow the accessory structure to be located in front of the primary dwelling. Staff
does not support this request.
Pursuant to Title 19.08.040 of the Archived Zoning Codes, the accessory structure
must be separated a minimum distance of six feet from the main dwelling. The
requested Variance is to allow a three-foot distance separation. Staff does not
support this request.
This request is the result of an open Code Enforcement case (#180188) for an
Accessory Structure (Class II) [Carport] constructed without a building permit.

ANALYSIS

The subject property is located in the R-A (Ranch Acres) zoning district, is subject to the
requirements of Title 19.08.040 of the Archived Zoning Codes, and is a 0.69 acres, or
30,056 square feet in size. The subject property is considered a legal non-conforming
lot and is located within the Airport Overlay and Rural Preservation Overlay Districts.

The applicant is requesting a Variance to allow the existing Accessory Structure (Class
II) [Garage] to remain within the front yard area, a one-foot side yard setback and a
three-foot distance separation from the main dwelling. The accessory structures eaves
project into the side yard setback within one-foot of the east property line. The eaves
between the primary dwelling and accessory structure are separated by three feet. The
existing accessory structures placement is 48 feet from the front property line, while the
dwelling is 50 feet.

RG
VAR-71300 [PRJ-71240]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

Staff finds that the applicant has provided no evidence of a unique or extraordinary
circumstance and that there is an absence of hardships imposed by the sites physical
characteristics. Therefore, staff recommends denial.

FINDINGS (VAR-71300)

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

No evidence of a unique or extraordinary circumstance has been presented, in that the


existing Accessory Structure (Class II) [Garage] was constructed without a building
permit and the structure does not meet Title 19 standards. The alternative is for the
applicant to reduce the size of the structure to meet the distance separation from the
main dwelling, the side yard setback and locate away from the front yard 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.

RG
VAR-71300 [PRJ-71240]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


A Code Enforcement (#180188) case was processed for an existing
06/27/17 garage located on the side at 2500 Palomino Lane. The case is
currently active.

Most Recent Change of Ownership


04/03/12 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


The existing single-family residence at 2500 Palomino Lane was
1952
constructed.
A building permit (#7648) was issued for a 400 square-foot room
10/12/79
addition to an existing single-family residence at 2500 Palomino Lane.
A building permit (#8198) was issued for a carport remodel located
05/18/87 between the main dwelling and the east property line at 2500
Palomino Lane. The permit expired on 04/22/88.
A building permit (#90054082) was issued for an 840 square-foot
01/23/90 garage located on the north side of the property located at 2500
Palomino Lane. The permit was finalized on 01/29/91.
A building permit (#R17-343143) was issued for a room addition at
08/02/17
2500 Palomino Lane. The permit has not been finalized.

Pre-Application Meeting
At a pre-application meeting, staff discussed the submittal process and
07/20/17
requirements for the Variance application with the applicant.

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

Field Check
Staff conducted a routine field check of the subject site and noted the
08/03/17
site is well-maintained.

RG
VAR-71300 [PRJ-71240]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres 0.69

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family, DR (Desert Rural
R-A (Ranch Acres)
Property Detached Density Residential)
Single Family, DR (Desert Rural
North R-A (Ranch Acres)
Detached Density Residential)
R-PD2 (Residential
Single Family, DR (Desert Rural
South Planned Development
Detached Density Residential)
2 Units per Acre)
Single Family, DR (Desert Rural
East R-A (Ranch Acres)
Detached Density Residential)
Single Family, DR (Desert Rural
West R-A (Ranch Acres)
Detached Density Residential)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District (175 feet) Y
RP-O (Rural Preservation Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

RG
VAR-71300 [PRJ-71240]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to Title 19.08.040 of the Archived Zoning Codes, the following standards
apply:
Standard Required/Allowed Provided Compliance
Min. Lot Size 40,000 SF 30,023 SF Y*
Min. Lot Width 100 Feet 100 Feet Y
Accessory Structure Min.
Setbacks
Front 50 Feet 48 Feet N**
Side 3 Feet 0 Feet N
Min. Distance Between Buildings 6 Feet 6 Feet Y
2 stories or 35 Feet
whichever is less or
the height of the main
Max. Building Height building 13 Feet Y
*Legal nonconforming lot size.
**Accessory Structure not allowed in front of main dwelling.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Palomino Lane Local Street Title 13 60 Y

RG
VAR-71300



VAR-71300

VAR-71300
VAR-71300


VAR-71300



VAR-71300
VAR-71300



VAR-71300 - REVISED
VAR-71300 [PRJ-71240] - VARIANCE - APPLICANT/OWNER: KENNETH D VORZIMER REVOCABLE TRUST AND
SUSAN KLINE TRUST
2500 PALOMINO LANE
08/03/2017
VAR-71300 [PRJ-71240] - VARIANCE - APPLICANT/OWNER: KENNETH D VORZIMER REVOCABLE TRUST AND
SUSAN KLINE TRUST
2500 PALOMINO LANE
08/03/2017
VAR-71300 [PRJ-71240] - VARIANCE - APPLICANT/OWNER: KENNETH D VORZIMER REVOCABLE TRUST AND
SUSAN KLINE TRUST
2500 PALOMINO LANE
08/03/2017

VAR-71300

VAR-71300

VAR-71300
Agenda Item No.: 62.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71322 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: PLACIDO
BUSTOS - For possible action on a request for a Variance TO ALLOW AN EIGHT-FOOT
FRONT YARD SETBACK WHERE 20 FEET IS REQUIRED FOR AN EXISTING ONE-
STORY FRONT PORCH/CARPORT ADDITION at 5708 Heron Avenue (APN 138-36-315-
016), R-1 (Single Family Residential) Zone, Ward 1 (Tarkanian) [PRJ-71193]. Staff
recommends DENIAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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-71322 [PRJ-71193]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: PLACIDO BUSTOS

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71322 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 23

NOTICES MAILED 380

PROTESTS 0

APPROVALS 0

JB
VAR-71322 [PRJ-71193]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71322 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. If approved, the existing front yard porch/carport addition and metal storage
structure located in the rear yard will be moved to provide the required five-foot
side yard setback.

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

JB
VAR-71322 [PRJ-71193]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is requesting a Variance to allow an existing one-story front porch/carport


to be located eight feet from the front property line where 20 feet is required on property
zoned R-1 (Single Family Residential) located at 5708 Heron Avenue.

ISSUES

All the work done that has created the need for the requested Variance was
completed without obtaining required building permits.
This request is the result of an open Code Enforcement case (#177847) for non-
permitted structural addition on the subject site within the front yard setback area.
The existing front porch/carport structure has an eight-foot front yard setback where
20 feet is required.

ANALYSIS

The subject site is located in an R-1 (Single Family Residential) zoning district. Per Title
19.06.070 this residential development has a minimum 20-foot front yard building
setback.

The subject property currently has an incomplete 650 square-foot one-story front
porch/carport addition on the southern perimeter of the principal dwelling which is
currently under construction. This resulted in a Code Enforcement case (#177847)
being opened on the subject property for non-permitted structural addition within the
front yard setback area.

During a routine site inspection conducted by staff it was noted that an existing front
yard porch/carport addition is currently attached to the eastern perimeter wall creating a
zero-foot side yard setback. Also, there is a metal storage structure attached to the
home in the rear yard, adjacent to the eastern perimeter wall creating a zero-foot side
yard setback. The applicant has indicated in the submitted justification letter that the
front yard porch/carport addition and metal storage structure located in the rear yard will
be moved to provide the required five-foot side yard setback, a condition has been
added to insure removal of these structures to the required five-foot setback. No unique
or extraordinary evidence has been presented to warrant the requested Variance. As
such, the hardship is self-imposed and therefore, staff recommends denial of this
request.

JB
VAR-71322 [PRJ-71193]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

FINDINGS (VAR-71322)

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


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

Additionally, Title 19.16.140(L) states:


Where by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of enactment of the regulation, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of the piece of property, the strict application of any zoning
regulation would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

No evidence of a unique or extraordinary circumstance has been presented, that would


warrant the construction of the existing front yard porch/carport addition within the front
yard setback area. Alternative design of the existing front yard porch/carport structure
would allow conformance to the Title 19 requirements. In view of the absence of any
hardships imposed by the sites physical characteristics, it is concluded that the
applicants hardship is preferential in nature, and it is thereby outside the realm of NRS
Chapter 278 for granting of Variances.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc


There are no relevant City Actions associated with the subject property

Most Recent Change of Ownership


07/03/12 A deed was recorded for a change in ownership.

JB
VAR-71322 [PRJ-71193]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


A Code Enforcement case (#177847) was processed for building a
04/25/17 very large structure in front of the home, possibly a car port or garage
conversion at 5708 Heron Avenue. The case has not be resolved.
A building permit (#341007) was processed for an engineered patio
04/27/17
cover at 5708 Heron Avenue. The permit has not been issued.

Pre-Application Meeting
A pre-application meeting was conducted with the applicant to discuss
the submittal requirements for a Variance of the front yard setback
07/17/17
requirements for an existing front yard porch/carport addition which
was erected without obtaining building permits.

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

Field Check
A field check conducted by staff observed the existing front yard
porch/carport addition that encroaches into the required 20-foot front
yard setback area of the subject site. In addition, staff noted that the
08/03/17 existing front yard porch/carport addition and a metal storage structure
attached to the home in the rear yard also encroaches into the
required five-foot setback areas located on the eastern perimeter of
the subject site.

Details of Application Request


Site Area
Net Acres 0.17

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family, L (Low Density R-1(Single Family
Property Detached Residential) Residential)
Single Family, L (Low Density R-1(Single Family
North
Detached Residential) Residential)

JB
VAR-71322 [PRJ-71193]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Single Family, L (Low Density R-1(Single Family
South
Detached Residential) Residential)
Single Family, L (Low Density R-1(Single Family
East
Detached Residential) Residential)
Single Family, L (Low Density R-1(Single Family
West
Detached Residential) Residential)

Master and Neighborhood Plan Areas Compliance


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

DEVELOPMENT STANDARDS

Pursuant to Title 19.06.070, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size 6,500 SF 7,405 SF Y
Min. Lot Width 60 Feet 66 Feet Y
Min. Setbacks
Front 20 Feet 8 Feet N
Side 5 Feet 5 Feet Y

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Heron Avenue Local Street Title 13 47 Feet Y

JB
VAR-71322



VAR-71322

VAR-71322

VAR-71322

VAR-71322

VAR-71322

VAR-71322
VAR-71322 [PRJ-71193] - VARIANCE - APPLICANT/OWNER: PLACIDO BUSTOS
5708 HERON AVENUE

08/03/2017
VAR-71322 [PRJ-71193] - VARIANCE - APPLICANT/OWNER: PLACIDO BUSTOS
5708 HERON AVENUE

08/03/2017
VAR-71322 [PRJ-71193] - VARIANCE - APPLICANT/OWNER: PLACIDO BUSTOS
5708 HERON AVENUE

08/03/2017
VAR-71322 [PRJ-71193] - VARIANCE - APPLICANT/OWNER: PLACIDO BUSTOS
5708 HERON AVENUE

08/03/2017
VAR-71322 [PRJ-71193] - VARIANCE - APPLICANT/OWNER: PLACIDO BUSTOS
5708 HERON AVENUE

08/03/2017

VAR-71322
Agenda Item No.: 63.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-71249 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: 123
10TH STREET, LLC - For possible action on a request for a Special Use Permit FOR A
TRAILER/RV CAMP OR PARK USE WITH WAIVERS TO ALLOW 22 RECREATIONAL
VEHICLE SITES WHERE A MAXIMUM OF 20 SITES PER ACRE IS ALLOWED;
VEHICLE SITES ZERO FEET FROM PROPERTY LINES WHERE 10 FEET IS REQUIRED
FROM INTERNAL PROPERTY LINES AND 15 FEET FROM PROPERTY LINES
ADJOINING A PUBLIC STREET; VEHICLE SITES TO BE SET BACK THREE FEET
FROM A BUILDING WHERE 20 FEET IS REQUIRED; AND SIX FEET BETWEEN
VEHICLES WHERE 10 FEET IS REQUIRED at 123 and 125 North 10th Street (APNs 139-34-
612-081 and 139-35-211-022), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-70966].
Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - SUP-71249and VAC-71246 [PRJ-70966]
3. Supporting Documentation - SUP-71249 and VAC-71246 [PRJ-70966]
4. Photo(s) - SUP-71249 and VAC-71246 [PRJ-70966]
5. Justification Letter - SUP-71249 and VAC-71246 [PRJ-70966]
SUP-71249 and VAC-71246 [PRJ-70966]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: 123 10TH STREET, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
Staff recommends DENIAL, if approved subject to
SUP-71249 N/A
conditions:
VAC-71246 Staff recommends APPROVAL, subject to conditions: N/A

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 35

NOTICES MAILED 285 - SUP-71249


8 - VAC-71246

PROTESTS 0 - SUP-71249
0 - VAC-71246

APPROVALS 0 - SUP-71249
0 - VAC-71246

SS
SUP-71249 and VAC-71246 [PRJ-70966]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71249 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a


Trailer/RV Camp or Park use, except as waived herein.

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. A Waiver from Title 19.12 is hereby approved, to allow 22 recreational vehicle sites
on 0.69 acres where a maximum density of 20 sites per acre is allowed.

5. A Waiver from Title 19.12 is hereby approved, to allow recreational vehicle sites
zero feet from internal property lines where 10 feet is required and zero feet from
property lines where 15 feet is required from property lines adjoining a public
street.

6. A Waiver from Title 19.12 is hereby approved, to allow recreational vehicle sites to
be set back three feet from a building where 20 feet is required.

7. A Waiver from Title 19.12 is hereby approved, to allow six feet between
recreational vehicles where 10 feet is required.

8. The applicant shall coordinate with the City Surveyor and other city staff to
determine the most appropriate mapping action necessary to consolidate the
existing lots. The mapping action, if required, shall be completed and recorded
prior to the issuance of any building permits.

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

SS
SUP-71249 and VAC-71246 [PRJ-70966]
Conditions Page Two
September 12, 2017 - Planning Commission Meeting

10. 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.

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

VAC-71246 CONDITIONS

1. The limits of this Petition of Vacation shall be the entire alley located between 10th
Street and 11th Street and between Fremont Street and Ogden Avenue.

2. This Petition of Vacation shall be modified to retain a Public Drainage Easement


and a Public Sewer Easement over the entire alley. The surface shall be privately
maintained by the underlying property owners and remain paved.

3. Provide a plan prepared by a licensed Professional Land Surveyor showing how


the right-of-way proposed to be vacated will be incorporated into the abutting
properties, including those properties not controlled by the applicant, so that an un-
maintained no-man's land area is not produced by this action. The required plan
shall identify exactly who is responsible to reclaim each portion of right-of-way and
exactly how the right-of-way will be reclaimed, and shall provide a schedule of
when such reclamation will occur.

4. 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.

5. Reservation of easements for the facilities of the various utility companies together
with reasonable ingress thereto and egress therefrom shall be provided if required.

6. All development shall be in conformance with code requirements and design


standards of all City Departments.

7. The Order of Vacation shall not be recorded until all of the conditions of approval
have been met provided, however, the conditions requiring modification of public
improvements may be fulfilled for purposes of recordation by providing sufficient
security for the performance thereof in accordance with the Subdivision Ordinance
of the City of Las Vegas. City Staff is empowered to modify this application if
necessary because of technical concerns or because of other related review

SS
SUP-71249 and VAC-71246 [PRJ-70966]
Conditions Page Three
September 12, 2017 - Planning Commission Meeting

actions as long as current City right-of-way requirements are still complied with and
the intent of the vacation application is not changed. If applicable, a five foot wide
easement for public streetlight and fire hydrant purposes shall be retained on all
vacation actions abutting public street corridors that will remain dedicated and
available for public use. Also, if applicable and where needed, public easement
corridors and sight visibility or other easements that would/should cross any right-
of-way being vacated must be retained.

8. If the Order of Vacation is not recorded within one (1) year after approval by the
City of Las Vegas or an Extension of Time is not granted by the Planning Director,
then approval will terminate and a new petition must be submitted.

SS
SUP-71249, SUP-71250 and VAC-71246 [PRJ-70966]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is requesting a Special Use Permit for a Trailer/RV Camp or Park at the
southeast corner of Ogden Avenue and 10th Street. Up to 22 spaces are proposed for
placement of recreational vehicles. In addition, open space and landscape
improvements are proposed.

ISSUES

A Trailer/RV Camp or Park use is permitted in the C-2 (General Commercial) zoning
district with the approval of a Special Use Permit.
A Waiver of minimum use requirements is required to allow 22 recreational vehicle
sites on 0.69 acres where a maximum density of 20 sites per acre is allowed. Staff
recommends denial of the waiver.
A Waiver of minimum use requirements is required to allow recreational vehicle sites
zero feet from property lines where 10 feet is required from internal property lines
and 15 feet is required from property lines adjoining a public street. Staff
recommends denial of the waiver.
A Waiver of minimum use requirements is required to allow recreational vehicle sites
to be set back three feet from a building where 20 feet is required. Staff
recommends denial of the waiver.
A Waiver of minimum use requirements is required to allow six feet between
recreational vehicles where 10 feet is required. Staff recommends denial of the
waiver.
The applicant has submitted a Petition to Vacate the adjacent alley separating this
property from the retail, residential and trailer rental facility to the east. Access to
adjacent properties would continue if approved.
As water and sewer services may not be allowed to extend across lot or parcel lines,
the two parcels that make up this site may be required to be consolidated prior to the
issuance of a building permit. A condition of approval addresses this issue.

ANALYSIS

Development (or redevelopment) of this site is subject to Downtown Centennial Plan


requirements for the East Village District. Under the Downtown Centennial Plan
Thresholds, the project is categorized only as a change of use. No streetscape or
landscape improvements are necessary, and no Site Development Plan Review is
necessary.

SS
SUP-71249, SUP-71250 and VAC-71246 [PRJ-70966]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

The site is currently being used to rent out recreational vehicles. The Trailer/RV Camp
or Park use would allow individual spaces to be leased to accommodate such vehicles.
It is the applicants intention to place up to 22 recreational vehicles on the site and to
lease them to tenants on a daily, weekly and/or monthly basis. A similar operation was
approved in November 2016 at the southwest corner of Ogden Avenue and 11th Street
for 16 vehicle spaces, although this operation has not yet begun.

The site was previously used as a Recreational Vehicle Park but now functions as an
Automobile Rental use in which recreational vehicles are rented. A use variance was
active from 1994 until the Recreational Vehicle Park use was removed, prompting this
request for a Special Use Permit. The applicant envisions that trailers will be rented out
as living quarters at various intervals. As Trailer/RV Camp or Park is the more intense
use, the Special Use Permit is required for a Trailer/RV Camp or Park as the primary
use.

The concept proposed by the applicant deviates from the traditional RV Park use. The
applicant has stated an interest in continuing to rent trailers from this site, although the
trailers are to remain on the property. The C-2 (General Commercial) zoning district
allows the rental activity as a conditional use, and all conditional use regulations are
currently met by the proposal. From a land use perspective, a Trailer/RV Camp or Park
is a commercial activity that provides spaces to accommodate recreational vehicles. It
is not a permanent housing type in the way that a mobile home park is described in Title
19 and does not specify period of rental. Therefore, only the Trailer/RV Camp or Park
Special Use Permit is required.

The Trailer/RV Camp or Park use is defined as any lot or tract of land used, or intended
to be used, for the renting of space to accommodate two or more recreational vehicles.
The proposed use meets the definition, as the submitted site plan indicates that up to 22
spaces are proposed to be stationed on 0.69 acres for the purpose of leasing for
accommodation of recreational vehicles.

The Trailer/RV Camp or Park use is permitted in the C-2 (General Commercial) zoning
district with approval of a Special Use Permit. The Minimum Special Use Permit
Requirements for this use include (an asterisk [*] denotes a nonwaivable requirement):

1. The maximum density permitted in a recreational vehicle park is 20 recreational


vehicle sites per acre.

The proposed use does not meet this requirement, as 22 recreational vehicle
sites are proposed on 0.69 acres. The de facto density proposed is 31.9 spaces
per acre. Staff recommends denial of the waiver request.

2. Recreational vehicle parks shall have a minimum frontage of 100 feet at the
building setback line.

SS
SUP-71249, SUP-71250 and VAC-71246 [PRJ-70966]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

The proposed use meets this requirement, as the minimum lot frontage along
Ogden Avenue is 150 feet.

3. Recreational vehicle sites, office buildings, accessory buildings and other


facilities shall be set back at least 10 feet from any property lines. When
adjacent to any property line adjoining a public street, the required setback shall
be 15 feet.

The proposed use does not meet this requirement, as the vehicle sites would be
setback zero feet from the west property line, three feet from the south property
line, zero feet from the east property line and eight feet from the north property
line. Staff recommends denial of the waiver request. Staff notes that it is
possible that if the adjacent alley is vacated and the land accrues to this property
that the spaces along the east property line would conform to the setback
requirement.

4. Vehicular spacing:
a. Pull-through recreational vehicle sites shall maintain 15 feet between
vehicle parking on adjoining sites.
b. Back-in recreational vehicle sites shall maintain 10 feet between vehicles,
to include automobiles parking in adjoining sites.

The use is intended to accommodate back-in vehicle sites. Requirement 4b is


not met, as six feet is proposed between vehicles where 10 feet is required.

5. Recreational vehicle sites shall be set back 20 feet from any building.

The proposed use does not meet this requirement, as vehicle sites along the
south property line will be set back three feet from the building on the adjacent
property, which is located on the property line.

* 6. A minimum of 10% of the total area of the park shall be reserved for purposes of
open space or recreational facilities. Open space area shall be of sufficient size
and distribution as to be a functional part of the entire park.

The proposed use meets this requirement, as 3,000 square feet (or 10 percent)
of the subject property is designated for recreational facilities and open space
(according to the applicant) to include both active and passive recreation.
However, this area impedes some of the back-in vehicle spaces.

* 7. All access drives shall be a minimum of 20 feet wide and must first be approved
by the City Traffic Engineer.

SS
SUP-71249, SUP-71250 and VAC-71246 [PRJ-70966]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

The proposed use meets this requirement, as the two access driveways are each
32 feet in width and at least one 20-foot drive aisle will allow the flow of onsite
traffic from Ogden Avenue to 10th Street. Final approval will be determined by
the Traffic Engineer.

The site consists of two parcels at the southeast corner of Ogden Avenue and 10th
Street. Ingress is from Odgen Avenue, while egress is to 10th Street. Vehicle spaces
are painted on both sides of the main drive aisle and along the south side of the
property. Each access driveway is gated. Existing landscaping is provided outside of
the property screen walls along Ogden Avenue and 10th Street and on portions of the
south perimeter. The site contains an existing trash enclosure; however, according to
the applicant, dumpsters are wheeled outside of the gates on refuse pick-up days.

The applicant is requesting that the city vacate the alley adjacent to this site to provide
for connectivity to other parcels on this block and prepare for future redevelopment.
The applicant owns other properties on the block and has already consolidated all of the
lots east of the present alley. Each of the owners of property abutting the alley has
consented to the vacation. The Department of Public Works has noted that no access
would be eliminated if this request were granted and has no objection to the request.

The Las Vegas Valley Water District (LVVWD) has provided the following comments
regarding this site:

APN 139-35-211-022 is currently served by LVVWD but the other parcel is not. Site
civil and plumbing plans will need to be submitted to LVVWD for domestic meter sizing
and any required fire flow. To comply with LVVWD Service Rules, parcel lot
consolidation will be required to provide water service to APN 139-34-612-081. SNWA
Regional Connection Fees will be assessed on a per RV spot basis and will be due prior
to LVVWD approval for development.

It is noted that mapping may also be required to allow sewer laterals to legally extend
across the site. Staff has added a condition of approval to address this issue, noting
that the most appropriate action shall be taken.

Parking is not automatically applied on properties located within the Downtown


Centennial Plan Overlay District. The applicant would provide 22 parking spaces where
Title 19 requires 25 spaces. In this case, guest parking would not be able to be
accommodated onsite but instead on the adjacent streets and commercial parking lots.

The proposed open space area would be located within the main drive aisle and contain
portions of decomposed granite. Although it meets the nonwaivable minimum 10
percent requirement, the applicant has not explained what types of activities qualify as
active or passive recreation in this area or how the open space area would not impede
the movement of vehicles in the eastern row of vehicle spaces.

SS
SUP-71249, SUP-71250 and VAC-71246 [PRJ-70966]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

As evidenced by the number of waivers of the minimum Special Use Permit


requirements, the proposed Trailer/RV Camp or Park use is not appropriate for this
location. A typical RV Park site should be larger in order to provide adequate spacing
between vehicles, set back from property lines to prevent crowding up to the street and
adjacent uses, and provide sufficient usable open space for recreation. The applicant is
proposing to use all of the currently striped spaces as recreational vehicle spaces;
reducing the number of spaces to no more than 13, reducing the drive aisle width to
allow for sufficient setbacks and providing a usable open space area on the south
perimeter would allow for conformance to the minimum Special Use Permit
requirements. As there is not adequate justification for deviating from the minimum
requirements, staff recommends denial of the Special Use Permit. If denied, a business
license to conduct the use could not be issued.

FINDINGS (SUP-71249)

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 Trailer/RV Camp or Park use cannot be conducted in a manner that
is harmonious and compatible with the surrounding land uses. The site is too
small to accommodate the number of vehicle sites proposed, and the lack of
setbacks will affect the neighboring properties.

2. The subject site is physically suitable for the type and intensity of land use
proposed.

The site cannot adequately accommodate the number of vehicle spaces provided
without the requested waivers.

3. Street or highway facilities providing access to the property are or will be


adequate in size to meet the requirements of the proposed use.

Access to the site is provided by Ogden Avenue and 10th Street, both classified
as 80-foot Major Collectors by the Master Plan of Streets and Highways. Both
access points are gated. Ingress is from Ogden Avenue and egress is from 10th
Street. These roadways are adequate in size to accommodate the proposed
Trailer/RV Camp or Park use.

SS
SUP-71249, SUP-71250 and VAC-71246 [PRJ-70966]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

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

Operation of the proposed use will be subject to licensing requirements and


building permit issuance and inspection to protect the public health, safety and
welfare.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Trailer/RV Camp or Park use does not meet four of the seven
minimum requirements for the use. This includes standards regarding the number
of vehicle sites per acre, setback of the vehicle sites from property lines and
buildings and separation between recreational vehicles.

FINDINGS (VAC-71246)

We present the following information concerning this request to vacate certain public
street rights-of-way:

A. Does this vacation request result in uniform or non-uniform right-of-way widths?


N/A, as it will vacate an entire alley.

B. From a traffic handling viewpoint will this vacation request result in a reduced
traffic handling capability?
No, since the alley is currently used for access to adjacent properties and will
continue to do so after vacation.

C. Does it appear that the vacation request involves only excess right-of-way?
No, it is to vacate an alley.

D. Does this vacation request coincide with development plans of the adjacent
parcels?
Yes, SUP-71249, SUP-71250, SDR-49548, SDR-52710.

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.

SS
SUP-71249, SUP-71250 and VAC-71246 [PRJ-70966]
Staff Report Page Seven
September 12, 2017 - Planning Commission Meeting

G. Does the Department of Public Works have an objection to this vacation request?
No.

BACKGROUND INFORMATION

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


The City Council approved Rezoning (Z-0100-64) from R-1 (Single
Family Residential), R-4 (High Density Residential), C-1 (Limited
Commercial), C-2 (General Commercial) and C-V (Civic) to C-2
12/16/64 (General Commercial) for 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 Planning Commission recommended approval.
The Board of Zoning Adjustment approved a request for a Variance
(V-0077-88) to allow a 92-space satellite parking lot that is separated
by a major street (Fremont Street), where such separation is not
08/02/88
permitted from the apartment-hotel development it will be serving on
property located on the northeast corner of Fremont Street and 10 th
Street.
The Board of Zoning Adjustment approved a request for a Variance
(V-0149-89) to allow an industrial laundry facility to serve various
01/25/90
hotels where such is not permitted on property located at 125 North
10th Street.
The Board of Zoning Adjustment approved a request for a Variance
(V-0005-94) to allow a Recreational Vehicle Park where such is not
02/22/94 allowed at the southeast corner of Ogden Avenue and 10th Street and
the southeast corner of Fremont Street and 10th Street. The Variance
has expired on the Ogden site but is in effect for the Fremont site.

Most Recent Change of Ownership


09/25/14 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A business license (R20-00001) was issued for an RV parking lot at
03/01/95
125 North 10th Street. The license expired 08/01/12.
A business license (R50-00327) was issued for truck, utility trailer and
02/21/13 RV rental and leasing at 123 North 10th Street. The license remains
active.

SS
SUP-71249, SUP-71250 and VAC-71246 [PRJ-70966]
Staff Report Page Eight
September 12, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


A business license (A19-00167) was issued for a rental car agency at
05/02/13
123 North 10th Street. The license remains active.
A building permit (246664) was issued for two monument signs at 123
10/22/13
North 10th Street. A final inspection has not been completed.
A business license (G63-01168) was issued for operation of an
06/11/15 existing recreational vehicle park at 1001 Fremont Street. The license
remains active.

Pre-Application Meeting
Application requirements for a Special Use Permit for a Trailer/RV
Camp or Park were discussed. A separate pre-application meeting
was held to discuss requirements for vacation of the adjacent alley.
06/06/17 The applicant stated that it intended to rent the trailers in a method
similar to a hotel; however, staff held that a Special Use Permit would
be required, as the RV Camp or Park use was more intense and is
located within a C-2 zoning district.

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

Field Check
The site is gated at both the Ogden Avenue and 10 th Street access
driveways. Ingress is marked from Odgen Avenue and egress is one-
08/03/17 way onto 10th Street. Several parked trailers were observed at the
site. There are buildings situated on the property lines of the adjacent
alley.

Details of Application Request


Site Area
Net Acres 0.69

SS
SUP-71249, SUP-71250 and VAC-71246 [PRJ-70966]
Staff Report Page Nine
September 12, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject C-2 (General
Automobile Rental C (Commercial)
Property Commercial)
Auto Repair C-2 (General
North MXU (Mixed Use)
Garage, Minor Commercial)
Auto Repair C-2 (General
South C (Commercial)
Garage, Minor Commercial)
General Retail
Store
Single Room
Occupancy C-2 (General
East C (Commercial)
Trailer/RV Camp Commercial)
or Park
Tavern-Limited
Establishment
Parking, C-2 (General
West C (Commercial)
Commercial Commercial)

Master and Neighborhood Plan Areas Compliance


Downtown Centennial Plan Y
Special Area and Overlay Districts Compliance
DCP-O (Downtown Centennial Plan Overlay) District (East Village) Y
LW-O (Live/Work Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Y
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification
N/A
Assessment)
Project of Regional Significance N/A

SS
SUP-71249, SUP-71250 and VAC-71246 [PRJ-70966]
Staff Report Page Ten
September 12, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Odgen Avenue Major Collector Streets and 80 Y
Highways Map
Master Plan of
10th Street Major Collector Streets and 62 N
Highways Map

Parking Requirement - Downtown


Gross Floor Base Parking Requirement Provided Compliance
Area or Parking Parking
Use Parking
Number of Handi- Handi-
Units Ratio Regular Regular
capped capped
1 space
per rec
vehicle,
Trailer/RV plus 1
Camp or 22 spaces guest 25
Park space
per 10
rec
vehicles
TOTAL SPACES REQUIRED 25 22 N
Regular and Handicap Spaces Required 24 1 22 0 N
Projects located within the Las Vegas Downtown Centennial Plan area are not subject to the
automatic application of parking requirements. However, the above table should be used to
illustrate the requirements of an analogous project in another location in the City.

Waivers
Requirement Request Staff Recommendation
22 vehicle sites on 0.69 acres
Max. density of 20 vehicle
(de facto density of 31.9 spaces Denial
sites per acre
per acre)

SS
SUP-71249, SUP-71250 and VAC-71246 [PRJ-70966]
Staff Report Page Eleven
September 12, 2017 - Planning Commission Meeting

Waivers
Requirement Request Staff Recommendation
Vehicle sites, office buildings,
Zero feet from the west property
accessory buildings and
line (10th St.), 3 feet from the
other facilities shall be set
south property line, zero feet
back at least 10 feet from Denial
from the east property line and
interior property lines and 15
8 feet from the north property
feet from property lines
line
adjoining a public street
Vehicle sites shall be set
3 feet from building on abutting
back 20 feet from any Denial
property to the south
building
Vehicle sites shall maintain a
min. 10 feet between 6 feet between vehicles Denial
vehicles

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SUP-71249 and VAC-71246 - REVISED




SUP-71249 and VAC-71246
A

SUP-71249 and VAC-71246 - REVISED



SUP-71249 and VAC-71246



SUP-71249 and VAC-71246




SUP-71249 and VAC-71246

SUP-71249 and VAC-71246



SUP-71249 and VAC-71246


SUP-71249 [PRJ-70966] - SPECIAL USE PERMIT RELATED TO VAC-71246 - APPLICANT/OWNER: 123 10TH
STREET, LLC
123 AND 125 NORTH 10TH STREET
08/03/2017
SUP-71249 [PRJ-70966] - SPECIAL USE PERMIT RELATED TO VAC-71246 - APPLICANT/OWNER: 123 10TH
STREET, LLC
123 AND 125 NORTH 10TH STREET
08/03/2017
SUP-71249 [PRJ-70966] - SPECIAL USE PERMIT RELATED TO VAC-71246 - APPLICANT/OWNER: 123 10TH
STREET, LLC
123 AND 125 NORTH 10TH STREET
08/03/2017
SUP-71249 [PRJ-70966] - SPECIAL USE PERMIT RELATED TO VAC-71246 - APPLICANT/OWNER: 123 10TH
STREET, LLC
123 AND 125 NORTH 10TH STREET
08/03/2017
SUP-71249 [PRJ-70966] - SPECIAL USE PERMIT RELATED TO VAC-71246 - APPLICANT/OWNER: 123 10TH
STREET, LLC
123 AND 125 NORTH 10TH STREET
08/03/2017
SUP-71249 [PRJ-70966] - SPECIAL USE PERMIT RELATED TO VAC-71246 - APPLICANT/OWNER: 123 10TH
STREET, LLC
123 AND 125 NORTH 10TH STREET
08/03/2017
SUP-71249 [PRJ-70966] - SPECIAL USE PERMIT RELATED TO VAC-71246 - APPLICANT/OWNER: 123 10TH
STREET, LLC
123 AND 125 NORTH 10TH STREET
08/03/2017

 

     

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SUP-71249 and VAC-71246 - REVISED
Agenda Item No.: 64.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAC-71246 - VACATION RELATED TO SUP-71249 - PUBLIC HEARING - APPLICANT:
123 10TH STREET, LLC - OWNER: 123 10TH STREET, LLC, ET AL - For possible action on
a request for a Petition to Vacate a public alley north of Fremont Street between 10th Street and
11th Street, Ward 3 (Coffin) [PRJ-70966]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
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VAC-71246


VAC-71246

VAC-71246

VAC-71246
Agenda Item No.: 65.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-71268 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: NOBLE
MASSAGE - OWNER: MOFFATT FAMILY TRUST - For possible action on a request for a
Special Use Permit FOR A MASSAGE ESTABLISHMENT WITH WAIVERS TO ALLOW A
94-FOOT DISTANCE SEPARATION FROM A SIMILAR USE WHERE 1,000 FEET IS
REQUIRED AND TO ALLOW A 117-FOOT DISTANCE SEPARATION FROM A PARCEL
ZONED FOR RESIDENTIAL USE WHERE 400 FEET IS REQUIRED at 2120 Paradise Road
(APN 162-03-411-006), C-1 (Limited Commercial) Zone, Ward 3 (Coffin) [PRJ-71175]. Staff
recommends DENIAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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-71268 [PRJ-71175]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: NOBLE MASSAGE - OWNER: MOFFATT
FAMILY TRUST

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71268 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 18

NOTICES MAILED 262

PROTESTS 0

APPROVALS 0

NE
SUP-71268 [PRJ-71175]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71268 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Massage
Establishment use, except as amended herein.

2. The hours of operation shall be limited to the period between 6:00 a.m. and 10:00
p.m.

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

4. A Waiver from Title 19.12 is hereby approved, to allow a 94-foot distance


separation from a similar use where 1,000 feet is required.

5. A Waiver from Title 19.12 is hereby approved, to allow a 117-foot distance


separation from a parcel zoned for residential use where 400 feet is required.

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

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

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

NE
SUP-71268 [PRJ-71175]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Special Use Permit with Waivers to allow a Massage
Establishment use at 2120 Paradise Road within the C-1 (Limited Commercial) zoning
district.

ISSUES

A Massage Establishment use is permitted in the C-1 (Limited Commercial)


zoning district with the approval of a Special Use Permit.
A Waiver from Title 19.12 is necessary to allow a 94-foot distance separation
from a similar use where 1,000 feet is required. Staff recommends denial.
A Waiver from Title 19.12 is necessary to allow a 117-foot distance separation from a
parcel zoned for residential use where 400 feet is required. Staff recommends denial.

ANALYSIS

The subject site currently operates as a Health Club offering boxing, yoga, and dance
classes. The applicant has proposed to add massage therapy, and is requesting a
Special Use Permit with Waivers to do so.

The proposed floor plan consists of a waiting room with reception desk, an office and
breakroom, with five massage rooms and two fitness areas.

On the east side of Paradise Road located at 2033 Paradise Road, approximately 94
feet away from the subject site is an existing Massage Establishment. Title 19.12
requires a 1,000-foot distance separation between similar uses. The applicant is
requesting a Waiver of this distance separation requirement. In addition, Title 19.12
requires a 400-foot distance separation between a Massage Establishment and parcels
zoned for residential use. Approximately 117 feet to the south of the subject site is a
parcel zoned R-4 (High Density Residential). The applicant is requesting a Waiver of
this distance separation requirement as well. Staff is recommending denial of both
Waiver requests.

The Massage Establishment use is defined by Title 19.12 as, A facility which is
occupied and used for the purpose of practicing massage therapy as defined in LVMC
Chapter 6.52. Chapter 6.52 defines a Massage Establishment as, any premises

NE
SUP-71268 [PRJ-71175]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

occupied and used for the purpose of performing massage therapy, excluding a premise
offering no massage therapy other than medical massage therapy or ancillary medical
massage therapy.

The Minimum Special Use Permit Requirements for this use include:

Requirement 1: The use shall comply with all applicable requirements of LVMC Title 6.

The proposed use meets this requirement as the proposed establishment would be
subject to regular inspections to ensure compliance with both Title 19 and Chapter 6.52.

Requirement 2: The use must be located on a secondary thoroughfare or larger.

The proposed use meets this requirement as Paradise Road is a 90-foot Primary
Arterial as designated by the Master Plan of Streets and Highways.

Requirement 3: The use may not be located within 400 feet of any church/house of
worship, school, City park, individual care center licensed for more than 12 children, or
any parcel zoned for residential use.

The proposed use does not meet this requirement, as the subject site is approximately
117 feet away from a parcel zoned for Residential use. The applicant is requesting a
Waiver of this requirement.

Requirement 4: The use may not be located within 1000 feet of any other massage
establishment.

The proposed use does not meet this requirement as the subject site is approximately
94 feet away from a similar use. The applicant is requesting a Waiver of this
requirement.

Requirement 5: The hours of operation shall be limited to the period between 6:00 a.m.
and 10:00 p.m., unless further limited by the City Council on a case-by-case basis.

The proposed use meets this requirement, as a Condition of Approval has been added
to address the required business hours, and the proposed establishment will be subject
to regular inspections to ensure compliance with this requirement.

Staff finds the addition of a second Massage Establishment within 94 feet of an existing
Massage Establishment would over saturate the area with similar uses and is
recommending denial of this application.

NE
SUP-71268 [PRJ-71175]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

FINDINGS (SUP-71268)

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 site is within the distance separation buffer areas for two protected
uses, residentially zoned property and a similar use. The residentially zoned
property has a 400-foot distance separation requirement, with the similar use
having a 1,000-foot distance separation requirement. This subject site is within
both of these buffer areas, and the proposed use is not compatible with the
surrounding area.

2. The subject site is physically suitable for the type and intensity of land use
proposed.

The subject site is not physically suited for the proposed use as two Waivers are
necessary for the proposed location; one to allow the use within 117 feet of a
parcel zoned for residential use where 400 feet is required, and another to allow
the proposed use within 94 feet of a similar use where 1,000 feet is required.

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.

Paradise Road is a 90-foot wide Primary Arterial as designated by the Master


Plan of Streets and Highways. This street is adequate in size to meet the
requirements for 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 addition of a second Massage Establishment within 94 feet of an existing


establishment will create an oversaturation of similar uses within the immediate
area; this is not consistent with the objectives of the General Plan.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed use does not meet Requirements 3 and 4, as the proposed location
is approximately 117 feet away from a parcel zoned for residential use where 400
feet is required; and 94 feet away from a similar use where 1,000 feet is required.

NE
SUP-71268 [PRJ-71175]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


Business Licensing Enforcement conducted approximately 82 site
inspections (#BLE114125) of Paradise Spa located at 2120 Paradise
Road. Multiple violations were documented over the years including:

Locked rooms with beds, televisions, and microwaves.


No key employee onsite during hours of operation.
Women dressed in lingerie in massage rooms and at the
reception desk.
Women with invalid identification or no identification.
No employee register or business license posted.
05/15/12
No valid state or city business license in possession of
through
04/03/15 employees.
Massage rates not posted or incorrect rates posted.
Misleading advertising on the website Backpage.
Money being exchanged between unlicensed massage
therapist and customers.
Females fleeing the establishment when Licensing Officers
appear for inspections.

The accumulation of numerous Notice of Violations and assessed civil


penalties resulted in the business license being revoked on 02/14/15
by the City Council.
Business Licensing Enforcement conducted an inspection (#BLE7101)
where Licensing Officers observed the advertising lights and entrance
05/01/15
light illuminated. Officers observed one vehicle drive into the parking
lot and then leave.
Business Licensing Enforcement conducted an inspection (#BLE7101)
where Licensing Officers observed the advertising lights and entrance
light were not illuminated, and no traffic was observed entering the
site. An earlier field check had confirmed the removal of the key pad
on the south entrance.
05/15/15 Business Licensing Enforcement conducted an evening inspection
(#BLE7101) where Licensing Officers a vehicle parked in the rear of
the building. When approached by Licensing Officers, the vehicle
occupant could not produce any identification, or explain why she was
there. The building was locked and appeared to be vacant. The vehicle
left after speaking with Licensing Officers.

NE
SUP-71268 [PRJ-71175]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

Related Relevant City Actions by Planning, Fire, Bldg., etc.


Business Licensing Enforcement conducted an inspection (#BLE7101)
05/27/15 where Licensing Officers observed the advertising lights and entrance
light to be off and the door locked.
Business Licensing Enforcement conducted an inspection (#BLE7101)
where Licensing Officers observed a single vehicle drive around the
05/29/15 building and then exit onto Paradise Road. Licensing Officers then
confirmed the doors were locked and received no response to
knocking on the door.
Business Licensing Enforcement conducted an inspection (#BLE7101)
06/26/15 where Licensing Officers observed the advertising lights and entrance
light were not illuminated, and the doors were locked.
Business Licensing Enforcement conducted an inspection (#BLE7101)
where Licensing Officers observed the advertising lights and entrance
07/10/15
light were not illuminated, and the doors were locked. No activity was
observed onsite during the field check.
Business Licensing Enforcement conducted an inspection (#BLE7101)
where Licensing Officers observed the advertising lights and entrance
07/16/15
light were not illuminated, and the doors were locked. No activity was
observed onsite during the field check.
Business Licensing Enforcement conducted an inspection (#BLE7101)
where Licensing Officers observed the advertising lights and entrance
07/24/15
light were not illuminated, and the doors were locked. No activity was
observed onsite during the field check.
Business Licensing Enforcement conducted an inspection (#BLE7101)
where Licensing Officers observed the advertising lights and entrance
08/07/15
light were not illuminated, and the doors were locked. No activity was
observed onsite during the field check.
Business Licensing Enforcement conducted an inspection
(#BLE16940) to deliver conditional licenses and confirm massage
08/11/15
tables were replaced with tanning beds. The establishment was not
ready for operation and the licenses were withheld.
Business Licensing Enforcement conducted an inspection
(#BLE16940) to confirm massage tables were replaced with tanning
08/18/15 beds, and all advertising for massage services had been removed. A
sign and a bed were still present and needed to be removed before the
establishment was ready for operation as a tanning establishment.
Business Licensing Enforcement conducted an inspection
(#BLE16940) to verify removal of advertising sign and bed observed
08/19/15
from previous inspection. The site was in compliance with the removal
request.

NE
SUP-71268 [PRJ-71175]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

Related Relevant City Actions by Planning, Fire, Bldg., etc.


Business Licensing Enforcement conducted an inspection
(#BLE16940) to verify business operations. Upon arrival Licensing
09/29/15
Officer observed an eviction notice on the door. No one answered the
door.
Business Licensing Enforcement conducted an inspection
(#BLE16940) to determine if business was in operation or not. The
license surveyed the location and observed no activity. The door was
10/02/15 locked, and no answer to repeated knocking on the door. The
business was never in operation, and the business owners were
nonresponsive to phone calls. The case was closed with the business
license to be marked out-of-business.
Business Licensing Enforcement conducted an inspection
(#BLE364946) to ensure business is non-operational. The business
08/03/16
appeared to be closed and a night inspection was scheduled to
confirm findings.
Business Licensing Enforcement conducted an inspection
(#BLE364946) to ensure business is non-operational. The business
08/05/16
appeared to be closed and another inspection was scheduled to
confirm findings.
Business Licensing Enforcement conducted an inspection
(#BLE364946) to ensure business is non-operational. The doors to the
09/15/16
business were screwed shut, with no sign of activity. The case was
closed.
Business Licensing Enforcement conducted an inspection
(#BLE380805) in response to a business license application. The
04/02/17 building was locked with no activity. New signage indicated entrance is
from the north doorway. A night inspection was scheduled for follow-
up.
Business Licensing Enforcement conducted a follow-up inspection
04/07/17 (#BLE380805) during the evening hours and found the building to be
locked and vacant.
Business Licensing Enforcement conducted an inspection
(#BLE380805) to deliver new business licenses and ensure
compliance with the new business licenses. Bedroom furniture was
05/03/17
observed in multiple rooms. License officer advised the business
owner to remove the furniture as it was not relevant to the Health Club
license.
Business Licensing Enforcement conducted a follow-up inspection
(#BLE380805) to confirm compliance with previous inspection. The
05/09/17 building was locked with no response at the door. License Officer
observed the same furniture from the previous inspection through the
window.

NE
SUP-71268 [PRJ-71175]
Staff Report Page Seven
September 12, 2017 - Planning Commission Meeting

Related Relevant City Actions by Planning, Fire, Bldg., etc.


Business Licensing Enforcement conducted an inspection
(#BLE380805) but was unable to gain entry to the building as it
06/08/17
appeared to be unoccupied, but the License Officer observed what
appeared to be shampoo bottles in the window sill.
Business Licensing Enforcement conducted an inspection
06/23/17 (#BLE380805) where the building was locked and appeared to be
unoccupied. No vehicles observed in the parking lot.
Business Licensing Enforcement conducted an inspection
06/24/17 (#BLE380805) where the building was locked and appeared to be
unoccupied. No vehicles observed in the parking lot.
Business Licensing Enforcement conducted an inspection
07/21/17 (#BLE380805) where the building was locked and appeared to be
unoccupied. No vehicles observed in the parking lot.
Business Licensing Enforcement conducted an inspection
(#BLE380805) where the building was locked and appeared to be
08/11/17 unoccupied, with the exception of a man and woman loitering by the
entrance. The Licensing Officer gave them bottled water and instructed
them to leave the premises.
Business Licensing Enforcement conducted an inspection
08/18/17 (#BLE380805) where the building was locked and appeared to be
unoccupied. No vehicles observed in the parking lot.
Business Licensing Enforcement conducted an inspection
08/22/17 (#BLE380805) where the building was locked and appeared to be
unoccupied. No vehicles observed in the parking lot.
09/05/17 Next scheduled inspection.

Most Recent Change of Ownership


06/10/15 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A business license (M03-00077) was issued for a massage
06/21/00 establishment at 2120 Paradise Road. The license was revoked on
02/04/15 by the City Council.
A business license (M12-01733) was issued for a massage therapist at
02/24/09
2120 Paradise Road. The license went inactive on 03/11/15.
A building permit (C-137040) was issued for a tenant improvement at
04/06/09 210 Paradise Road. The permit received its final inspection on
04/22/09.

NE
SUP-71268 [PRJ-71175]
Staff Report Page Eight
September 12, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


A business license (I50-00667) was issued for a steam therapy facility
11/09/10
at 2120 Paradise Road. The license went inactive on 09/12/14.
A business license (M12-01998) was issued for a massage therapist at
04/10/11
2120 Paradise Road. The license went inactive on 04/13/16.
A business license (G62-04463) was applied for to operate a weight
05/12/14 loss spa detox facility at 2120 Paradise Road. The license application
was denied on 06/10/14.
A business license (G63-01559) was applied for to operate general
02/27/15 health consulting services at 2120 Paradise Road. The license
application was denied on 04/09/15.
A business license (G63-04320) was applied for to operate a tanning
06/09/15 facility at 2120 Paradise Road. The license application was denied on
06/30/15.
A business license (G63-05529) was issued for a tanning bed salon at
2120 Paradise Road. The license went inactive on 10/06/15.
08/10/15 A business license (G63-05530) was issued the sale of beauty
products at 2120 Paradise Road. The license went inactive on
10/06/15.
A business license (G64-05037) was applied for to operate a foot
07/07/16 reflexology establishment at 2120 Paradise Road. The license
application was denied on 09/26/16.
A business license (G65-01929) was issued for a fitness center at
2120 Paradise Road. The license is active of 08/28/17.
A business license (G65-02071) was issued for a membership club at
04/14/17
2120 Paradise Road. The license is active of 08/28/17.
A business license (G65-02072) was issued for retail sales at 2120
Paradise Road. The license is active of 08/28/17.
A business license (P6500184) was applied for to operate an
07/18/17 accessory massage establishment at 2120 Paradise Road. The
business license application is currently under review.

Pre-Application Meeting
Staff conducted a pre-application meeting with the applicant and
07/12/17 property owner where the submittal requirements for a Special Use
Permit were discussed.

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

NE
SUP-71268 [PRJ-71175]
Staff Report Page Nine
September 12, 2017 - Planning Commission Meeting

Field Check
During a routine field check staff found the subject commercial building
08/03/17
to be well-maintained, free of graffiti, trash and debris.

Details of Application Request


Site Area
Net Acres 0.27

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject C-1 (Limited
Health Club C (Commercial)
Property Commercial)
C-1 (Limited
North Undeveloped C (Commercial)
Commercial)
C-1 (Limited
South Undeveloped C (Commercial)
Commercial)
Vacant C-1 (Limited
East C (Commercial)
Wedding Chapel Commercial)
C-2 (General
West Vacant C (Commercial)
Commercial)

Master and Neighborhood Plan Areas Compliance


Beverly Green/Southridge Neighborhood Plan Y
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District 175 Feet Y
G-O (Gaming Enterprise Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Downtown Redevelopment Area Y
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

NE
SUP-71268 [PRJ-71175]
Staff Report Page Ten
September 12, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Paradise Road Primary Arterial Streets and 90 Y
Highways

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Floor Required Provided Compliance
Area or Parking Parking
Use Parking
Number of Ratio Handi- Handi-
Regular Regular
Units capped capped
Two
spaces
Massage
5 for each 10
Establishment
massage
room
Health Club 380 1:200 2
TOTAL SPACES REQUIRED 12 12 Y
Regular and Handicap Spaces Required 11 1 11 1 Y

Waivers
Requirement Request Staff Recommendation
The use may not be located within
To be located
400 feet of any church/house of
approximately 117 feet
worship, school, City park, individual
away from a parcel Denial
care center licensed for more than
zoned for Residential
12 children, or any parcel zoned for
use.
residential use.
The use may not be located within To be located
1000 feet of any other massage approximately 94 feet Denial
establishment. away from a similar use.

NE
SUP-71268



SUP-71268

SUP-71268

SUP-71268
SUP-71268 [PRJ-71175] - SPECIAL USE PERMIT - APPLICANT: NOBLE MASSAGE - OWNER: MOFFATT FAMILY
TRUST
2120 PARADISE ROAD
08/03/2017
SUP-71268 [PRJ-71175] - SPECIAL USE PERMIT - APPLICANT: NOBLE MASSAGE - OWNER: MOFFATT FAMILY
TRUST
2120 PARADISE ROAD
08/03/2017
SUP-71268 [PRJ-71175] - SPECIAL USE PERMIT - APPLICANT: NOBLE MASSAGE - OWNER: MOFFATT FAMILY
TRUST
2120 PARADISE ROAD
08/03/2017
SUP-71268 [PRJ-71175] - SPECIAL USE PERMIT - APPLICANT: NOBLE MASSAGE - OWNER: MOFFATT FAMILY
TRUST
2120 PARADISE ROAD
08/03/2017
SUP-71268 [PRJ-71175] - SPECIAL USE PERMIT - APPLICANT: NOBLE MASSAGE - OWNER: MOFFATT FAMILY
TRUST
2120 PARADISE ROAD
08/03/2017
SUP-71268 [PRJ-71175] - SPECIAL USE PERMIT - APPLICANT: NOBLE MASSAGE - OWNER: MOFFATT FAMILY
TRUST
2120 PARADISE ROAD
08/03/2017

SUP-71268
Agenda Item No.: 66.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-71301 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: RAFEL
SHAKER - OWNER: RZMZ FAMILY, LLC SERIES 2 - For possible action on a request for a
Special Use Permit FOR A PROPOSED 1,602 SQUARE-FOOT BEER/WINE/COOLER OFF-
SALE ESTABLISHMENT USE at 1801 East Charleston Boulevard (APN 139-35-814-019), C-1
(Limited Commercial) Zone, Ward 3 (Coffin) [PRJ-71257]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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 Comment Form
SUP-71301 [PRJ-71257]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: RAFEL SHAKER - OWNER: RZMZ FAMILY,
LLC SERIES 2

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71301 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 37

NOTICES MAILED 575

PROTESTS 0

APPROVALS 0

NE
SUP-71301 [PRJ-71257]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71301 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a


Beer/Wine/Cooler 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. 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.

NE
SUP-71301 [PRJ-71257]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Special Use Permit to allow the sale of Beer/Wine/Coolers for off
premise consumption at 1801 East Charleston Boulevard.

ISSUES

A Special Use Permit is required for a Beer/Wine/Cooler Off-Sale Establishment


in the C-1 (Limited Commercial) zoning district. Staff is recommending approval
of this application.

ANALYSIS

The subject site is an existing commercial building located on the northeast corner of
Charleston Boulevard and Bruce Street within the C-1 (Limited Commercial) zoning
district. The suites in the commercial building are individually addressed, with 1801 East
Charleston Boulevard being located on the far western end of the building. A temporary
business license for a Convenience Store at 1801 East Charleston Boulevard was
issued on August 2, 2017.

Built in 1960, the subject site does not meet current minimum parking standards set
forth by Title 19.08 and 19.12. A land use or building which is existing on the effective
date of Title 19 and which complied with the applicable parking standards at the time
the use or building was established, but does not comply with current on-site parking
requirements of Title 19, is not considered a nonconforming use or nonconforming
building; but rather, it is considered to be a parking-impaired development. Due to this
circumstance defined by Title 19, a parking Variance is not required for the proposed
land use since no additional parking spaces are required for this use. The existing
parking impairment is unaffected by this request.

This parcel is currently served by the Las Vegas Valley Water District (LVVWD) but
does not have the required backflow prevention per NAC 445A.67195. The parcel will
be required to retrofit the domestic service with backflow prevention before the issuance
of a Certificate of Occupancy for the proposed land use.

NE
SUP-71301 [PRJ-71257]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

The Beer/Wine/Cooler Off-Sale Establishment use is defined as, An establishment


whose license to sell alcoholic beverages is limited to the sale of beer, wine and coolers
to consumers only and not for resale, in original sealed or corked containers, for
consumption off the premises where business is conducted, and is operated in
connection with a grocery store, drugstore, convenience store, restaurant or general
retail store.

The Minimum Special Use Permit Requirements include:

1. Requirement 1:

Except as otherwise provided, no beer/wine/cooler off-sale establishment


(hereinafter establishment) shall be located within 400 feet of any church/house
of worship, school, individual care center licensed for more than 12 children, or
City park.

The proposed use is not within 400 feet of a church/house of worship, school,
individual care center licensed for more than 12 children, or City park.

2. Requirement 2:

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


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

This requirement is not applicable as the subject site is not within 400 feet of a
church/house of worship, school, individual care center licensed for more than 12
children, or City park.

3. Requirement 3:

NE
SUP-71301 [PRJ-71257]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

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.

The requirement is not applicable as the subject site is not 80 acres in size.

4. Requirement 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 is not applicable as the proposed establishment does not


require a Waiver of Requirement 1.

5. Requirement 5:

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


a. An establishment which has a nonrestricted gaming license in connection
with a hotel having 200 or more guest rooms 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.

Requirement 5 is not applicable as neither condition is applicable.

6. Requirement 6:

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

This requirement is subject to regular inspections by the Department of Planning


Licensing Division and will be enforced accordingly.

NE
SUP-71301 [PRJ-71257]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

7. Requirement 7:

The minimum distance requirements set forth in Requirement 1, which are


otherwise nonwaivable under the provisions of LVMC 19.12.050(C), may be
waived:
a. .In accordance with the provisions of LVMC 19.12.050(C) for any
establishment which is proposed to be located on a parcel within the
Downtown Casino Overlay District;
b. In accordance with the applicable provisions of the Town Center
Development Standards Manual for any establishment which is proposed
to be located within the T-C (Town Center) Zoning District and which is
designated MS- TC (Main Street Mixed Use) in the Town Center Land Use
Plan;
c. In connection with a proposed establishment having between 20,000
square feet and 50,000 square feet of retail floor space, if no more than 10
percent of the retail floor space is regularly devoted to the display or
merchandising of alcoholic beverages; or
d. In connection with a retail establishment having less than 20,000 square
feet of retail floor space, if the area to be used for the sale, display or
merchandising of alcoholic beverages and each use to be protected are
separated by a highway or a right of way with a width of at least 100 feet.

This requirement is not applicable, as a Waiver has not been requested.

8. Requirement 8:

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


the Pedestrian Mall, as defined in LVMC Chapter 11.68.

This requirement is not applicable, as the subject site is not on or adjacent to a


pedestrian mall.

There are no protected land uses within 400 feet of the subject site, and the minimum
Special Use Permit requirements set forth by Title 19 for a Beer/Wine/Cooler Off-Sale
Establishment have been met; therefore, staff is recommending approval of this
application.

FINDINGS (SUP-71301)

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:

NE
SUP-71301 [PRJ-71257]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

1. The proposed land use can be conducted in a manner that is harmonious


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

The Charleston Boulevard corridor contains restaurants, taverns, general and


specialty retail stores, and other convenience stores. A Beer/Wine/Cooler Off-Sale
eEstablishment can be conducted in a manner that is harmonious and compatible
with the existing surrounding land uses.

2. The subject site is physically suitable for the type and intensity of land use
proposed.

The subject site has historically been a Convenience Store. The addition of the
Beer/Wine/Cooler Off-Sale Establishment Use does not add any additional
intensity to the existing land use and is suitable for such.

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 Charleston Boulevard a 105-foot wide Primary Arterial


as defined by the Master Plan of Streets and Highways and is adequate in size to
meet the requirements of the proposed use.

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

The subject site is subject to regular inspections by the enforcement division of


the Planning Department to ensure compliance with all applicable rules and
regulations.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed use meets all of the applicable conditions per Title 19.12 for a
Beer/Wine/Cooler Off-Sale Establishment.

NE
SUP-71301 [PRJ-71257]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The City Council approved a request for a Special Use Permit (SUP-
46962) for a Gaming Establishment, General Business Related Use
12/19/12 within an existing General Retail Store at 1801 East Charleston
Boulevard. The Planning Commission and staff recommended
approval.

Most Recent Change of Ownership


10/15/15 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A business license (G64-06550) was issued for a Convenience Store
10/10/16 and Tobacco Sales (G64-06555) at 1801 East Charleston Boulevard.
The license was revoked on January 5, 2017.
A temporary business license (G65-05236) was issued for a
08/02/17 Convenience Store and Tobacco Sales (G65-05236) at 1801 East
Charleston Boulevard. The licenses are active as of August 14, 2017.

Pre-Application Meeting
Staff conducted a routine pre-application conference to discuss the
07/25/17
submittal requirements for a Special Use Permit.

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

Field Check
During a routine field check staff observed the vacant suite located on
08/03/17 the far west end of an existing commercial center. No issues were
noted by staff.

Details of Application Request


Site Area
Net Acres 0.19

NE
SUP-71301 [PRJ-71257]
Staff Report Page Seven
September 12, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject C-1 (Limited
Vacant C (Commercial)
Property Commercial)
C-1 (Limited
North Vacant MXU (Mixed Use)
Commercial)
C-1 (Limited
South Restaurant C (Commercial)
Commercial)
Office, Other Than
Listed
C-1 (Limited
East General Retail C (Commercial)
Commercial)
Store, Other Than
Listed
Auto Repair
Garage, Minor C-2 (General
West C (Commercial)
Commercial)
Open Air Vendor

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
No Applicable Special Area or Overlay Districts N/A
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Downtown Redevelopment Area Y
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Charleston
Primary Arterial Streets and 105 Y
Boulevard
Highways

NE
SUP-71301 [PRJ-71257]
Staff Report Page Eight
September 12, 2017 - Planning Commission Meeting

Street Name Functional Governing Actual Compliance


Classification Document Street Width with Street
of Street(s) (Feet) Section
Master Plan of
Bruce Street Collector Streets and 80 Y
Highways

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Floor Required Provided Compliance
Area or Parking Parking
Use Parking
Number of Ratio Handi- Handi-
Regular Regular
Units capped capped
General
Retail Store,
Other Than 1,602 SF 1:175 10
Listed
(Proposed)
No
Beer/Wine/
Additional
Cooler
Parking
Off-Sale 1,602 SF 0
Beyond
Establishment
Principal
(Proposed)
Use
Office, Other
Than Listed 2,518 SF 1:300 9
(Existing)
General
Retail Store,
Other Than 1,062 SF 1:175 7
Listed
(Existing)
Office, Other
Than Listed 2,124 SF 1:300 8
(Existing)
TOTAL SPACES REQUIRED 34 15 Y*
Regular and Handicap Spaces Required 32 2 13 2 Y*
* A land use or building which is existing on the effective date of this Title and which complied
with the applicable parking standards at the time the use or building was established, but
which does not comply with the on-site parking requirements of this Title, shall not be
considered a nonconforming use or non-conforming building; but rather, it shall be considered
a parking-impaired development. No additional parking spaces are required for this use.

NE
SUP-71301



SUP-71301



SUP-71301

SUP-71301

SUP-71301

SUP-71301
SUP-71301


SUP-71301 [PRJ-71257] - SPECIAL USE PERMIT - APPLICANT: RAFEL SHAKER - OWNER: RZMZ FAMILY, LLC
SERIES 2
1801 EAST CHARLESTON BOULEVARD
08/03/2017

SUP-71301
Agenda Item No.: 67.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-70619 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: 4D
MANAGEMENT HOLDINGS, INC. - For possible action on a request for a Special Use Permit
FOR A PROPOSED SHORT-TERM RESIDENTIAL RENTAL USE WITH A WAIVER TO
ALLOW A 177-FOOT DISTANCE SEPARATION FROM A SIMILAR USE WHERE 660
FEET IS REQUIRED at 700 Canosa Avenue (APN 162-03-713-003), R-1 (Single Family
Residential) Zone, Ward 3 (Coffin) [PRJ-69800]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 11 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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
6. Protest/Support Comment Forms
SUP-70619 [PRJ-69800]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: 4D MANAGEMENT HOLDINGS, INC.

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-70619 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 28

NOTICES MAILED 414

PROTESTS 11

APPROVALS 1

CS
SUP-70619 [PRJ-69800]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-70619 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Short-
Term Residential Rental use.

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

3. A Waiver from Title 19.12 is hereby approved, to allow a Short-Term Residential


Rental use to be 177 feet from an existing Short-Term Residential Rental use
where 660 feet is required.

4. The use shall not include the rental or occupancy of an accessory structure (Class
I or II), a tent, a trailer or a mobile unit.

5. Prior to the issuance of a Short-Term Residential Rental business license, the


Department of Planning - Code Enforcement Division must approve an inspection
of the subject property.

6. All necessary business licenses shall be obtained in compliance with Title 6 prior to
any rental activities.

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

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

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

CS
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Staff Report Page One
September 12, 2016 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to operate a Short-Term Residential Rental use within the
existing single-family dwelling at 700 Canosa Avenue.

ISSUES

Pursuant to Title 19.12, a Short-Term Residential Rental use is permitted in the R-1
(Single Family Residential) zoning district as a Conditional Use.
The applicant will not comply with the owner occupied requirements of the
conditional use regulations and therefore per Title 19.12.040 a Special Use Permit is
required.
A Waiver has been requested to allow the use to be 177 feet from an existing Short-
Term Residential Rental use, where 660 feet is required. Staff does not support this
waiver request.
The applicant is required to schedule an inspection through the Department of
Planning - Code Enforcement Division. The inspection must be approved prior to the
issuance of the business license.

ANALYSIS

The subject property contains a single-family dwelling, is zoned R-1 (Single Family
Residential); and is subject to Title 19 requirements. The dwelling contains three
bedrooms per the Clark County Assessors records. The Short-Term Residential Rental
definition specifically prohibits the rental or occupancy of an accessory structure (Class I
or II), a tent, a trailer or a mobile unit. Staff has included a recommended condition that
includes that restriction.

A Short-Term Residential Rental use is permitted in the R-1 (Single Family Residential)
zoning district as a Conditional Use. The proposed use would not meet the Conditional
Use Regulations requiring it to be owner occupied during each period the unit is rented
and to be 660 feet from any other Short-Term Residential Rental use; therefore, per
Title 19.12.040 a Special Use Permit is required.

The Short-Term Residential Rental use is defined as The commercial use, or the
making available for commercial use, of a residential dwelling unit for dwelling, lodging
or sleeping purposes, wherein any individual guest rents or occupies the entire dwelling

CS
SUP-70619 [PRJ-69800]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

unit or one or more individual rooms within the unit for a period of less than 31
consecutive calendar days. This use does not include a Community Residence,
Facility for Transitional Living for Released Offenders, or any other facility with
dwelling units that is specifically defined in Chapter 19.18. For purposes of this Title, this
use does not include the rental or occupancy of an accessory structure (Class I or II), a
tent, a trailer or a mobile unit. In the case of a single parcel containing more than one
dwelling unit, each dwelling unit constitutes a separate short-term residential rental
use. Per the applicants justification letter date stamped on 05/22/17, the applicant
meets this definition, as they intend to rent out their single-family dwelling on a short-
term basis. Additionally, the following analysis is required:

The Minimum Special Use Permit Requirements for this use include: (The requirements
marked with an asterisk cannot be waived.)

*1. The operator must obtain a business license to operate the use.

If this Special Use Permit is approved, the applicant will be required to obtain a
business license prior to operating.

*2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*3. The use must comply with the Citys noise regulations as they apply to residential
uses, as well as any applicable provisions of the Municipal Code that may pertain
to odor nuisances.

The Code Enforcement Division will investigate noise and odor nuisance
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or
access to other properties in the area.

The Code Enforcement Division will investigate traffic and access obstruction
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

CS
SUP-70619 [PRJ-69800]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

*5. In addition to and independent of any enforcement authority or remedy described


in this Title, the failure to comply with a Minimum Special Use Permit
Requirement or other condition of approval associated with this use may be
enforced as in the case of a violation of Title 6 by means of a civil proceeding
pursuant to LVMC 6.02.400 to 6.02.460, inclusive.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*6. The use is allowed in the P-O, O, C-1, C-2 and C-PB Zoning Districts only in
connection with the residential component of a mixed-use development or in a
dwelling unit permitted as a legal nonconforming use.

This condition does not apply, as the subject site is not zoned P-O, O, C-1, C-2
or C-PB.

*7. The maximum occupancy of the residential dwelling unit shall not exceed the
limits provided for in LVMC 6.75.090.

The Code Enforcement Division will investigate maximum occupancy allegations


and take enforcement action when appropriate. Reports of violations will be
forwarded to the Business Licensing Division for action when appropriate.

8. The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).

The applicant has requested a waiver of this requirement to allow the proposed
Short-Term Residential Rental to be 177 feet from the nearest existing Short-
Term Residential Rental use, where 660 feet is required. Staff does not support
the waiver request.

Additional parking for a Short-Term Residential Rental is only required if the unit has
more than five bedrooms, at which point one additional space shall be required for
every two additional bedrooms or fractional portion thereof. The proposed Short-Term
Residential Rental has three bedrooms and therefore is not required to provide
additional parking.

The subject site is located within the Beverly Green Southridge Neighborhood Plan
area, which has a goal(#8) of preventing additional commercial encroachment into
residential areas. The proposed Short-Term Residential Rental use will not be
compatible with the surrounding residential uses due to the existing Short-Term
Residential Rental use that is currently licensed approximately 177 feet from the subject

CS
SUP-70619 [PRJ-69800]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

site. In addition, there is a second licensed Short-Term Residential Rental use located
approximately 550 feet away from the subject site. Code requirements are intended to
discourage the saturation of Short-Term Residential Rental uses within residential
areas. The minimum special use permit requirements specify that the distance between
similar uses shall be at least 660 feet; therefore, staff recommends denial. If this
application is approved, it is subject to conditions.

FINDINGS (SUP-71248)

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 Short-Term Residential Rental use cannot be conducted in a


manner that is harmonious and compatible with the existing surrounding land
uses. The subject property is located within 660 feet of two licensed Short-Term
Residential Rental uses.

2. The subject site is physically suitable for the type and intensity of land use
proposed.

The subject site is physically suitable for the use as a Short-Term Residential
Rental.

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 Short-Term Residential Rental use will be accessed by Canosa


Avenue, a 50-foot wide local street, which will provide adequate access for the
proposed use.

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

The approval of the Special Use Permit on this subject property will be subject to
conditions of approval, business license approval, and compliance inspections to
ensure it will not compromise the public health safety and welfare.

CS
SUP-70619 [PRJ-69800]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Short-Term Residential Rental use complies with all of the Special
Use Permit requirements listed in Title 19.12 with the exception of the distance
separation from a similar, existing use. The applicant has requested a waiver to
allow a 177-foot separation, where 660 feet is required. Staff does not support
this waiver request.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The Department of Planning Code Enforcement Division issued
01/09/17 Case #173610 for operation of an unlicensed Short-Term Residential
Rental.

Most Recent Change of Ownership


07/27/17 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no related building permits or licenses on file.

Pre-Application Meeting
A pre-application meeting was held with the applicant where the
04/03/17
submittal requirements and deadlines were reviewed.

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

Field Check
Staff conducted a routine field check and found a well maintained
08/03/17
single family dwelling. There were no signs of trash or debris.

Details of Application Request


Site Area
Net Acres 0.19

CS
SUP-70619 [PRJ-69800]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family, L (Low Density R-1 (Single Family
Property Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
North
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
South
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
East
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
West
Detached Residential) Residential)

Master and Neighborhood Plan Areas Compliance


Beverly Green Southridge Neighborhood Plan N
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Pursuant to Title 19.06, the following standards apply:


Standard Allowed Provided Compliance
Min. Setbacks
Front 20 Feet 25 Feet Y
Side 6 Feet 5 Feet Y
Rear 15 Feet 21 Feet Y
Max. Lot Coverage 50 % 30 % Y

CS
SUP-70619 [PRJ-69800]
Staff Report Page Seven
September 12, 2017 - Planning Commission Meeting

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Canosa Avenue Local Street Title 13 50 Feet Y

Waivers
Requirement Request Staff Recommendation
A Short-Term Residential To allow a Short-
Rental use may not be Term Residential
located closer than 660 feet Rental use to be 177
to any other Short-Term feet from an existing Denial
Residential Rental use Short-Term
(measured property line to Residential Rental
property line). use.

CS
SUP-70619



CLV Planning - Application Form
Application Number: PRJ-69800

Application/Petition For: Canosa SUP Short-Term Rental

ProjectAddress (Location): 700 CANOSA AVE

Project Name CANOSA SUP SHORT-TERM RENTAL

Assessors Parcel #(s): 16203713003

Ward #: WARD 3 (BOB COFFIN)

Is the Application Information Yes


Correct:
If no, ...change what

General Plan Designation: Proposed: Select

Zoning District: Proposed: Select

Gross Acres:

Lots/Units:

Additional Information:

Applicant First Name: 4D Management Holdings, Inc

Applicant Last Name: 4D Management Holdings, Inc

Applicant Address: 6360 Mcleod Dr #15

Applicant City: Las Vegas

Applicant State: NV

Applicant Zip: 89120

Applicant Phone: 7022621191

Applicant Fax: 7022620072

Applicant Email: info@4dcompanies.com

Rep First Name: Joseph

Rep Last Name: Wagner

Rep Address: 6290 Mcleod Dr Suite 110

Rep City: Las Vegas

Rep State: NV

Rep Zip: 89120

Rep Phone: 7022621191

Rep Fax: 7022620072

Rep Email: jw@4dcompanies.com

SUP-70619
8/1/2017 4:37:38 PM Page 1 of 2
CLV Planning - Application Form
I certify that I am the applicant and Yes
that the information submitted with
this application is true and accurate
to the best of my knowledge and
belief. I understand that the City is
not responsible for inaccuracies in
information presented, and that
inaccuracies, false information or
incomplete application may cause
the application to be rejected. I
further certify that I am the owner
or purchaser (or option holder) of
the property involved in this
application, or the lessee or agent
fully authorized by the owner to
make this submission.
I Accept:
Is the Owner Information Correct: Yes

If no, ...change what

Owner(s) ADDR1 ADDR2


4D MANAGEMENT HOLDINGS INC 6360 MCLEOD DR #15 LAS VEGAS, NV 89120

CLVEPLAN Applicant Company Title Email


Joseph Wagner 4D Management Holdings Inc. President jw@4dcompanies.com

SUP-70619

8/1/2017 4:37:38 PM Page 2 of 2



SUP-70619
SUP-70619


SUP-70619 [PRJ-69800] - SPECIAL USE PERMIT - APPLICANT/OWNER: 4D MANAGEMENT HOLDINGS, INC.
700 CANOSA AVENUE
08/03/2017

SUP-70619
Agenda Item No.: 68.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-71059 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: JUDAH
ZAKALIK - OWNER: JUDAH ZAKALIK LIVING TRUST - For possible action on a request
for a Special Use Permit FOR AN EXISTING SHORT-TERM RESIDENTIAL RENTAL USE
WITH A WAIVER TO ALLOW A 343-FOOT DISTANCE SEPARATION FROM A
SIMILAR USE WHERE 660 FEET IS REQUIRED at 1621 Birch Street (APN 162-04-210-
074), R-E (Residence Estates) Zone, Ward 1 (Tarkanian) [PRJ-71058]. Staff recommends
DENIAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 2 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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
6. Protest Comment Forms
SUP-71059 [PRJ-71058]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: JUDAH ZAKALIK - OWNER: JUDAH ZAKALIK
LIVING TRUST

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71059 Staff recommends DENIAL, if approved subject to N/A
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 27

NOTICES MAILED 185

PROTESTS 2

APPROVALS 0

NE
SUP-71059 [PRJ-71058]

Conditions Page One


September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71059 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Short-
Term Residential Rental use, except as amended herein.

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

3. A Waiver from Title 19.12 is hereby approved, to allow a 343-foot distance


separation from a similar use where 660 feet is required.

4. The use shall not include the rental or occupancy of an accessory structure (Class
I or II), a tent, a trailer or a mobile unit.

5. The applicant shall schedule an inspection of the subject property with the
Department of Planning - Code Enforcement Division within 30 days of approval of
this request. This inspection must be approved in order to maintain a Short-Term
Residential Rental business license.

6. All necessary business licenses shall be obtained in compliance with Title 6 prior to
any rental activities.

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

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

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

NE
SUP-71059 [PRJ-71058]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is requesting a Special Use Permit to continue operating a Short-Term


Residential Rental use within an existing single-family dwelling at 1621 Birch Street.

The subject site has been operating as a Short-Term Residential Rental with a business
license issued on 04/18/16, but requires a Special Use Permit to continue operating
after 6/30/19 per Ordinance No. 6585.

ISSUES

Pursuant to Title 19.12, a Short-Term Residential Rental use is permitted in the R-E
(Residence Estates) zoning district as a Conditional Use.
The applicant will not comply with the owner occupied requirements of the
conditional use regulations and per Title 19.12.040 may request a Special Use
Permit.
The applicant has been operating a Short-Term Residential Rental at this site under
business license (G64-02366) issued on 04/18/16. The applicant erroneously
received planning approval through a Conditional Use Verification (CUV-63924)
issued on 03/22/16.
The applicant began operations prior to the requirement of a Special Use Permit for
a Short-Term Residential Rental use.
A Waiver has been requested to allow the use to be 343 feet from an existing Short-
Term Residential Rental use, where 660 feet is required. Staff does not support this
waiver request.
The applicant is required to schedule an inspection through the Department of
Planning - Code Enforcement Division. If approved, this inspection must be
performed in order to be in compliance with Ordinance No. 6585.

ANALYSIS

The subject property contains a three-bedroom single-family dwelling located within the
R-E (Residence Estates) zoning district. The applicant is currently operating a licensed
Short-Term Residential Rental use on the property.

A Short-Term Residential Rental use is permitted in the R-E (Residence Estates) zoning
district as a Conditional Use. Although the subject site did not meet Conditional Use
Regulation Number 4 that requires the use to not be located closer than 660 feet to any

NE
SUP-71059 [PRJ-71058]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

other Short-Term Residential Rental use (measured from property line to property line),
the Conditional Use Verification (CUV-63924) was erroneously approved on 03/22/16.
The subject site was issued a business license on 04/18/16 based on this erroneous
Conditional Use Verification. Located at 1704 Ivanhoe Way (approximately 343 feet
away from 1621 Birch Street), this Short Term Residential Rental was issued a
business license (G64-01574) on 03/21/16, 28 days prior to the issuance of the
business license for 1621 Birch Street.

The subject site has been operating as a Short-Term Residential Rental with a business
license issued on 04/18/16, but requires a Special Use Permit to continue operating
after 6/30/19 per Ordinance No. 6585, as the property will not be owner occupied and
requires a Waiver of the distance separation requirement.

Additional parking for a Short-Term Residential Rental is only required if the unit has
more than five bedrooms, at which point one additional space shall be required for
every two additional bedrooms or fractional portion thereof. The proposed Short-Term
Residential Rental has three bedrooms and therefore is not required to provide
additional parking.

Although Conditional Use Verification (CUV-63924) was erroneously approved, the


applicant still requires a Waiver to allow the use within 343 feet of a similar use.
Approving this Waiver would oversaturate the area with similar uses and staff does not
support this request.

The Short-Term Residential Rental use is defined as The commercial use, or the
making available for commercial use, of a residential dwelling unit for dwelling, lodging
or sleeping purposes, wherein any individual guest rents or occupies the entire dwelling
unit or one or more individual rooms within the unit for a period of less than 31
consecutive calendar days. This use does not include a Community Residence,
Facility for Transitional Living for Released Offenders, or any other facility with
dwelling units that is specifically defined in Chapter 19.18. For purposes of this Title, this
use does not include the rental or occupancy of an accessory structure (Class I or II), a
tent, a trailer or a mobile unit. In the case of a single parcel containing more than one
dwelling unit, each dwelling unit constitutes a separate short-term residential rental
use. Per the applicants justification letter date stamped on 06/27/17, 1621 Birch LLC
has been operating the property as a Short-Term Residential Rental since April, 2016
pursuant to business license (G64-02366) and Conditional Use Verification (CUV-
63924).

The Minimum Special Use Permit Requirements for this use include: (The requirements
marked with an asterisk cannot be waived.)

*1. The operator must obtain a business license to operate the use.

NE
SUP-71059 [PRJ-71058]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

Business License (G64-02366) was issued on 04/18/16. If this application is


approved, the subject site will continue to operate under this business license.

*2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.

Since a business license has already been issued for this Short-Term Residential
Rental, it is subject to license renewal and annual compliance review to ensure
that all regulatory requirements continue to be met.

*3. The use must comply with the Citys noise regulations as they apply to residential
uses, as well as any applicable provisions of the Municipal Code that may pertain
to odor nuisances.

The Code Enforcement Division will investigate noise and odor nuisance
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or
access to other properties in the area.

The Code Enforcement Division will investigate traffic and access obstruction
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*5. In addition to and independent of any enforcement authority or remedy described


in this Title, the failure to comply with a Minimum Special Use Permit
Requirement or other condition of approval associated with this use may be
enforced as in the case of a violation of Title 6 by means of a civil proceeding
pursuant to LVMC 6.02.400 to 6.02.460, inclusive.

Since a business license has been issued for this Short-Term Residential Rental,
it is subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*6. The use is allowed in the P-O, O, C-1, C-2 and C-PB Zoning Districts only in
connection with the residential component of a mixed-use development or in a
dwelling unit permitted as a legal nonconforming use.

This condition does not apply, as the subject site is not zoned P-O, O, C-1, C-2
or C-PB.

NE
SUP-71059 [PRJ-71058]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

*7. The maximum occupancy of the residential dwelling unit shall not exceed the
limits provided for in LVMC 6.75.090.

The Code Enforcement Division will investigate maximum occupancy allegations


and take enforcement action when appropriate. Reports of violations will be
forwarded to the Business Licensing Division for action when appropriate.

8. The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).

The applicant has requested a waiver of this requirement to allow the existing
Short-Term Residential Rental to be 343 feet from the nearest existing Short-
Term Residential Rental use, where 660 feet is required. Staff does not support
the waiver request.

Staff finds the approval of this Special Use Permit will oversaturate a residential
neighborhood with similar uses, which is not consistent with the Las Vegas 2020 Master
Plan. The Master Plan speaks of stabilizing and improving the mature neighborhoods
that form the heart of the community, and to protect them from the intrusion of non-
residential land uses. Allowing two Short Term Residential Rentals to be located
approximately 343 feet away from each other allows the intrusion of both residential and
non-residential land uses and does not support the stabilization of a mature
neighborhood. For these reasons, staff is recommending denial of this request.

FINDINGS (SUP-71248)

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 existing Short-Term Residential Rental use cannot be conducted in a manner


that is harmonious and compatible with the existing surrounding land uses as
there is an existing Short-Term Residential Rental 343 feet away from the
proposed site. Waiving the distance separation requirement will result in an
oversaturation of similar uses in the immediate area.

2. The subject site is physically suitable for the type and intensity of land use
proposed.

NE
SUP-71059 [PRJ-71058]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

The subject site is not physically suitable for the existing Short-Term Residential
Rental use as the subject site is 343 feet away from another Short-Term
Residential Rental that was previously licensed on March 21, 2016.

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 existing Short-Term Residential Rental use will be accessed Silver Avenue, a
52-foot wide local street, which will provide adequate access for the proposed
use.

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

The approval of the Special Use Permit will result in an oversaturation of similar
uses, which is inconsistent with the Las Vegas 2020 Master Plan. If approved, the
subject property will be subject to conditions of approval, business license
approval, and compliance inspections to assure it will not compromise the public
health safety and welfare.

5. The use meets all of the applicable conditions per Title 19.12.

The existing Short-Term Residential Rental use complies with all of the Special
Use Permit requirements listed in Title 19.12, with the exception of the distance
separation from a similar, existing use. The applicant has requested a Waiver to
allow a 343-foot separation where 660 feet is required. Staff does not support this
waiver request.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The City Council approved a request to amend portions of the
Southeast Sector map of the General Plan (GPA-0047-01) in the
general vicinity of the Charleston Boulevard/Rancho Drive intersection
from SC (Service Commercial) to O (Office); from R (Rural Density
06/19/02 Residential) to DR (Desert Rural Density Residential); from O (Office)
to DR (Desert Rural Density Residential) and; from L (Low Density
Residential) to DR (Desert Rural Density Residential) in accordance
with the recommendations of the Rancho Charleston Land Use Study
and Strategic Plan.

NE
SUP-71059 [PRJ-71058]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The Department of Planning approved Conditional Use Verification
03/22/16
(CUV-63924) for a Short-Term Residential Rental at 1621 Birch Street.
The Department of Planning Code Enforcement Division received a
complaint for a party occurring over the weekend at 1621 Birch Street.
06/14/17
A case (#179740) was opened and the subject site is currently under
investigation. The next inspection is scheduled for 08/28/17.

Most Recent Change of Ownership


03/18/15 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#62642) was issued to replace an existing sewer
03/30/06 line (same for same) at 1621 Birch Street. The permit has not had its
final inspection.
A building permit (#6004863) was issued for a room addition and
07/24/06
remodel at 1621 Birch Street. The permit expired on 06/16/07.
A business license (#P50-02333) was issued for mortgage lending at
05/29/07
1621 Birch Street. The license expired on 11/01/12.
A business license (#G64-02366) was issued for a short term
residential rental at 1621 Birch Street. The license is active as of
04/18/16 08/10/17.
A business license (#RMT345995) was issued for room tax at 1621
Birch Street. The license is active as of 08/10/17.

Pre-Application Meeting
Staff conducted a pre-application meeting with the applicant via the
06/22/17
telephone and email.

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

Field Check
Staff did not observe any activity at the subject site during a routine
08/03/17 field check. The residence appeared to be vacant at the time of the
field check. The residential dwelling appeared to be well-maintained.

NE
SUP-71059 [PRJ-71058]
Staff Report Page Seven
September 12, 2017 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres 0.65

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family, DR (Desert Rural R-E (Residence
Property Detached Density Residential) Estates)
Single Family, DR (Desert Rural R-E (Residence
North
Detached Density Residential) Estates)
Single Family, DR (Desert Rural R-E (Residence
South
Detached Density Residential) Estates)
Single Family, DR (Desert Rural R-E (Residence
East
Detached Density Residential) Estates)
Single Family, DR (Desert Rural R-E (Residence
West
Detached Density Residential) Estates)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District 200 Feet Y
RP-O (Rural Preservation Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A
In accordance with the City of Las Vegas 2020 Master Plan, Rural Preservation
Neighborhoods should be considered as an overlay that affects the range of activities
allowed by the underlying land use classification.

NE
SUP-71059 [PRJ-71058]
Staff Report Page Eight
September 12, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Birch Street Local Street Title 13 42 Y
Silver Avenue Local Street Title 13 52 Y

Waivers
Requirement Request Staff Recommendation
A Short-Term Residential To allow a Short-
Rental use may not be Term Residential
located closer than 660 feet Rental use to be 343
to any other Short-Term feet from an existing Denial
Residential Rental use Short-Term
(measured property line to Residential Rental
property line). use.

NE
SUP-71059



SUP-71059


SUP-71059
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7
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SUP-71059
SUP-71059 [PRJ-71058] - SPECIAL USE PERMIT - APPLICANT: JUDAH ZAKALIK - OWNER: JUDAH ZAKALIK
LIVING TRUST
1621 BIRCH STREET
08/03/2017
SUP-71059 [PRJ-71058] - SPECIAL USE PERMIT - APPLICANT: JUDAH ZAKALIK - OWNER: JUDAH ZAKALIK
LIVING TRUST
1621 BIRCH STREET
08/03/2017


SUP-71059

Agenda Item No.: 69.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-71214 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: ALON
ELIAS - For possible action on a request for a Special Use Permit FOR A PROPOSED SHORT-
TERM RESIDENTIAL RENTAL USE WITH A WAIVER TO ALLOW A 235-FOOT
DISTANCE SEPARATION FROM A SIMILAR USE WHERE 660 FEET IS REQUIRED at
4000 San Joaquin Avenue (APN 162-07-515-005), R-1 (Single Family Residential) Zone, Ward
1 (Tarkanian) [PRJ-71151]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 1 Planning Commission Mtg. 2
City Council Meeting 0 City Council Meeting 0

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
6. Protest Comment Form and Support Postcards
SUP-71214 [PRJ-71151]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: ALON ELIAS

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71214 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 27

NOTICES MAILED 672

PROTESTS 1

APPROVALS 2

CS
SUP-71214 [PRJ-71151]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71214 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Short-
Term Residential Rental use.

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

3. A Waiver from Title 19.12 is hereby approved, to allow a Short-Term Residential


Rental use to be 235 feet from an existing Short-Term Residential Rental use
where 660 feet is required.

4. The use shall not include the rental or occupancy of an accessory structure (Class
I or II), a tent, a trailer or a mobile unit.

5. Prior to the issuance of a Short-Term Residential Rental business license, the


Department of Planning - Code Enforcement Division must approve an inspection
of the subject property.

6. All necessary business licenses shall be obtained in compliance with Title 6 prior to
any rental activities.

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

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

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

CS
SUP-71214 [PRJ-71151]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to operate a Short-Term Residential Rental use within the
existing single-family dwelling at 4000 San Joaquin Avenue.

ISSUES

Pursuant to Title 19.12, a Short-Term Residential Rental use is permitted in the R-1
(Single Family Residential) zoning district as a Conditional Use.
The applicant will not comply with the owner occupied requirements of the
conditional use regulations and therefore per Title 19.12.040 a Special Use Permit is
required.
A Waiver has been requested to allow the use to be 235 feet from an existing Short-
Term Residential Rental use, where 660 feet is required. Staff does not support this
waiver request.
The applicant failed an inspection through the Department of Planning - Code
Enforcement Division on 05/23/17. The inspection must be approved prior to the
issuance of the business license.

ANALYSIS

The subject property contains a single-family dwelling, is zoned R-1 (Single Family
Residential) and is subject to Title 19 requirements. The dwelling contains four
bedrooms per the Clark County Assessors records. The Short-Term Residential Rental
definition specifically prohibits the rental or occupancy of an accessory structure (Class I
or II), a tent, a trailer or a mobile unit. Staff has included a recommended condition that
includes that restriction.

A Short-Term Residential Rental use is permitted in the R-1 (Single Family Residential)
zoning district as a Conditional Use. The proposed use would not meet the Conditional
Use Regulations requiring it to be owner occupied during each period the unit is rented
and to be 660 feet from any other Short-Term Residential Rental use; therefore, per
Title 19.12.040 a Special Use Permit is required.

CS
SUP-71214 [PRJ-71151]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

The Short-Term Residential Rental use is defined as The commercial use, or the
making available for commercial use, of a residential dwelling unit for dwelling, lodging
or sleeping purposes, wherein any individual guest rents or occupies the entire dwelling
unit or one or more individual rooms within the unit for a period of less than 31
consecutive calendar days. This use does not include a Community Residence,
Facility for Transitional Living for Released Offenders, or any other facility with
dwelling units that is specifically defined in Chapter 19.18. For purposes of this Title, this
use does not include the rental or occupancy of an accessory structure (Class I or II), a
tent, a trailer or a mobile unit. In the case of a single parcel containing more than one
dwelling unit, each dwelling unit constitutes a separate short-term residential rental
use. Per the applicants justification letter date stamped on 07/18/17, the applicant
meets this definition as they intend to rent out their single family dwelling on a short
term basis. Additionally, the following analysis is required:

The Minimum Special Use Permit Requirements for this use include: (The requirements
marked with an asterisk cannot be waived.)

*1. The operator must obtain a business license to operate the use.

If this Special Use Permit is approved, the applicant will be required to obtain a
business license prior to operating.

*2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*3. The use must comply with the Citys noise regulations as they apply to residential
uses, as well as any applicable provisions of the Municipal Code that may pertain
to odor nuisances.

The Code Enforcement Division will investigate noise and odor nuisance
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or
access to other properties in the area.

CS
SUP-71214 [PRJ-71151]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

The Code Enforcement Division will investigate traffic and access obstruction
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*5. In addition to and independent of any enforcement authority or remedy described


in this Title, the failure to comply with a Minimum Special Use Permit
Requirement or other condition of approval associated with this use may be
enforced as in the case of a violation of Title 6 by means of a civil proceeding
pursuant to LVMC 6.02.400 to 6.02.460, inclusive.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*6. The use is allowed in the P-O, O, C-1, C-2 and C-PB Zoning Districts only in
connection with the residential component of a mixed-use development or in a
dwelling unit permitted as a legal nonconforming use.

This condition does not apply, as the subject site is not zoned P-O, O, C-1, C-2
or C-PB.

*7. The maximum occupancy of the residential dwelling unit shall not exceed the
limits provided for in LVMC 6.75.090.

The Code Enforcement Division will investigate maximum occupancy allegations


and take enforcement action when appropriate. Reports of violations will be
forwarded to the Business Licensing Division for action when appropriate.

8. The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).

The applicant has requested a waiver of this requirement to allow the proposed
Short-Term Residential Rental to be 235 feet from the nearest existing Short-
Term Residential Rental use, where 660 feet is required. Staff does not support
the waiver request.

Additional parking for a Short-Term Residential Rental is only required if the unit has
more than five bedrooms, at which point one additional space shall be required for
every two additional bedrooms or fractional portion thereof. The proposed Short-Term
Residential Rental has four bedrooms and therefore is not required to provide additional
parking.

CS
SUP-71214 [PRJ-71151]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

The proposed Short-Term Residential Rental use will not be compatible with the
surrounding residential uses due to the existing Short-Term Rental use that is currently
licensed approximately 235 feet from the subject site. Code requirements are intended
to discourage the saturation of Short-Term Residential Rental uses within residential
areas. The minimum special use permit requirements specify that the distance between
similar uses shall be at least 660 feet; therefore, staff recommends denial. If this
application is approved, it is subject to conditions.

FINDINGS (SUP-71248)

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 Short-Term Residential Rental use cannot be conducted in a


manner that is harmonious and compatible with the existing surrounding land
uses. The subject property is located 235 feet from an existing Short-Term
Residential Rental use, where 660 feet is required.

2. The subject site is physically suitable for the type and intensity of land use
proposed.

The subject site is physically suitable for the use as a Short-Term Residential
Rental.

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 Short-Term Residential Rental use will be accessed from San
Joaquin Avenue and Arenas Street, both 50-foot wide local streets, which will
provide adequate access for the proposed use.

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

The approval of the Special Use Permit on this subject property will be subject to
conditions of approval, business license approval, and compliance inspections to
ensure it will not compromise the public health safety and welfare.

CS
SUP-71214 [PRJ-71151]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Short-Term Residential Rental use complies with all of the Special
Use Permit requirements listed in Title 19.12 with the exception of the distance
separation from a similar, existing use. The applicant has requested a waiver to
allow a 235-foot separation, where 660 feet is required. Staff does not support
this waiver request.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


Code Enforcement issued Case #154403 for high weeds and
05/06/15
vegetation. The case was resolved on 05/29/15.
Code Enforcement issued Case #170417 for unpermitted remodel
09/07/16
work. The case was resolved on 10/11/16.
The Department of Planning Code Enforcement Division inspected
the subject site for the purpose of a Short-Term Residential Rental
05/23/17
business license. Case #179029 was issued for unpermitted AC/water
heater replacement without a permit.
The Planning Department denied a Conditional Use Verification (CUV-
06/26/17 70466) for a proposed Short-Term Residential Rental at 4000 San
Joaquin Avenue.

Most Recent Change of Ownership


04/14/17 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no related building permits or licenses on file.

Pre-Application Meeting
A pre-application meeting was held with the applicant where the
07/10/17
submittal requirements and deadlines were reviewed.

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

CS
SUP-71214 [PRJ-71151]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

Field Check
Staff conducted a routine field check and found a well maintained single-
08/03/17
family dwelling. There were no signs of trash or debris.

Details of Application Request


Site Area
Net Acres 0.20

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family, L (Low Density R-1 (Single Family
Property Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
North
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
South
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
East
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
West
Detached Residential) Residential)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

CS
SUP-71214 [PRJ-71151]
Staff Report Page Seven
September 12, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
San Joaquin
Local Street Title 13 50 FT Y
Avenue
Arenas Street Local Street Title 13 50 FT Y

Waivers
Requirement Request Staff Recommendation
A Short-Term Residential To allow a Short-
Rental use may not be Term Residential
located closer than 660 feet Rental use to be 235
to any other Short-Term feet from an existing Denial
Residential Rental use Short-Term
(measured property line to Residential Rental
property line). use.

CS
SUP-71214



CLV Planning - Application Form
Application Number: PRJ-71151

Application/Petition For: PRJ-71151 - SUP

ProjectAddress (Location): 4000 SAN JOAQUIN AVE

Project Name A-Z RENTALS

Assessors Parcel #(s): 16207515005

Ward #: WARD 1 (LOIS TARKANIAN)

Is the Application Information Yes


Correct:
If no, ...change what

General Plan Designation: Proposed: Select

Zoning District: Proposed: Select

Gross Acres:

Lots/Units:

Additional Information:

Applicant First Name: Alon

Applicant Last Name: Elias

Applicant Address: 115 N Sycamore ave

Applicant City: Los Angeles

Applicant State: CA

Applicant Zip: 90036

Applicant Phone: 3107033524

Applicant Fax:

Applicant Email: alon.elias@hp.com

Rep First Name: Alon

Rep Last Name: Elias

Rep Address: 115 N Sycamore ave

Rep City: Los Angeles

Rep State: CA

Rep Zip: 90036

Rep Phone: 3107033524

Rep Fax:

Rep Email: alon.elias@hp.com

SUP-71214

8/1/2017 3:49:56 PM Page 1 of 2


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

If no, ...change what

Owner(s) ADDR1 ADDR2


ELIAS ALON 115 N SYCAMORE AVE LOS ANGELES, CA 90036

CLVEPLAN Applicant Company Title Email


alon elias .. mr alon.elias@hp.com

SUP-71214

8/1/2017 3:49:56 PM Page 2 of 2



SUP-71214

SUP-71214
SUP-71214 [PRJ-71151] - SPECIAL USE PERMIT - APPLICANT/OWNER: ALON ELIAS
4000 SAN JOAQUIN AVENUE
08/03/2017
SUP-71214 [PRJ-71151] - SPECIAL USE PERMIT - APPLICANT/OWNER: ALON ELIAS
4000 SAN JOAQUIN AVENUE
08/03/2017
7

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SUP-71214
Agenda Item No.: 70.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-71230 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: RENEE
PAGE - For possible action on a request for a Special Use Permit FOR A PROPOSED SHORT-
TERM RESIDENTIAL RENTAL USE at 3284 Mustang Road (APN 138-11-802-008), R-E
(Residence Estates) Zone, Ward 5 (Barlow) [PRJ-71206]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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-71230 [PRJ-71206]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: RENEE PAGE

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71230 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 17

NOTICES MAILED 154

PROTESTS 0

APPROVALS 0

CS
SUP-71230 [PRJ-71206]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71230 CONDITIONS
Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Short-
Term Residential Rental use.

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

3. The use shall not include the rental or occupancy of an accessory structure (Class
I or II), a tent, a trailer or a mobile unit.

4. Prior to the issuance of a Short-Term Residential Rental business license, the


Department of Planning - Code Enforcement Division must approve an inspection
of the subject property.

5. All necessary business licenses shall be obtained in compliance with Title 6 prior to
any rental activities.

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, as well as submitted as part of any business license
application.

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

CS
SUP-71230 [PRJ-71206]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to operate a Short-Term Residential Rental use within the
existing single-family dwelling at 3284 Mustang Road.

ISSUES

Pursuant to Title 19.12, a Short-Term Residential Rental use is permitted in the R-E
(Residence Estates) zoning district as a Conditional Use.
The applicant will not comply with the owner occupied requirements and bedroom
limitations of the conditional use regulations and therefore per Title 19.12.040 a
Special Use Permit is required.
The applicant is required to schedule an inspection through the Department of
Planning - Code Enforcement Division. The inspection must be approved prior to the
issuance of the business license.

ANALYSIS

The subject property contains a single-family dwelling, is zoned R-E (Residence


Estates) and is subject to Title 19 requirements. The dwelling contains four bedrooms
per the Clark County Assessors records. The Short-Term Residential Rental definition
specifically prohibits the rental or occupancy of an accessory structure (Class I or II), a
tent, a trailer or a mobile unit. Staff has included a recommended condition that
includes that restriction.

A Short-Term Residential Rental use is permitted in the R-E (Residence Estates) zoning
district as a Conditional Use. The proposed use would not meet the Conditional Use
Regulations requiring it to be owner occupied during each period the unit is rented and
is a home with more than three-bedrooms; therefore, per Title 19.12.040 a Special Use
Permit is required.

The Short-Term Residential Rental use is defined as The commercial use, or the
making available for commercial use, of a residential dwelling unit for dwelling, lodging
or sleeping purposes, wherein any individual guest rents or occupies the entire dwelling
unit or one or more individual rooms within the unit for a period of less than 31
consecutive calendar days. This use does not include a Community Residence,
Facility for Transitional Living for Released Offenders, or any other facility with

CS
SUP-71230 [PRJ-71206]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

dwelling units that is specifically defined in Chapter 19.18. For purposes of this Title, this
use does not include the rental or occupancy of an accessory structure (Class I or II), a
tent, a trailer or a mobile unit. In the case of a single parcel containing more than one
dwelling unit, each dwelling unit constitutes a separate short-term residential rental
use. Per the applicants justification letter date stamped on 07/20/17, the applicant
meets this definition, as they intend to rent out their single-family dwelling on a short-
term basis. Additionally, the following analysis is required:

The Minimum Special Use Permit Requirements for this use include: (The requirements
marked with an asterisk cannot be waived.)

*1. The operator mst obtain a business license to operate the use.

If this Special Use Permit is approved, the applicant will be required to obtain a
business license prior to operating.

*2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*3. The use must comply with the Citys noise regulations as they apply to residential
uses, as well as any applicable provisions of the Municipal Code that may pertain
to odor nuisances.

The Code Enforcement Division will investigate noise and odor nuisance
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or
access to other properties in the area.

The Code Enforcement Division will investigate traffic and access obstruction
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

CS
SUP-71230 [PRJ-71206]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

*5. In addition to and independent of any enforcement authority or remedy described


in this Title, the failure to comply with a Minimum Special Use Permit
Requirement or other condition of approval associated with this use may be
enforced as in the case of a violation of Title 6 by means of a civil proceeding
pursuant to LVMC 6.02.400 to 6.02.460, inclusive.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*6. The use is allowed in the P-O, O, C-1, C-2 and C-PB Zoning Districts only in
connection with the residential component of a mixed-use development or in a
dwelling unit permitted as a legal nonconforming use.

This condition does not apply, as the subject site is not zoned P-O, O, C-1, C-2
or C-PB.

*7. The maximum occupancy of the residential dwelling unit shall not exceed the
limits provided for in LVMC 6.75.090.

The Code Enforcement Division will investigate maximum occupancy allegations


and take enforcement action when appropriate. Reports of violations will be
forwarded to the Business Licensing Division for action when appropriate.

8. The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).

The proposed use meets this requirement, as the subject property is more than
660 feet from the nearest Short-Term Residential Rental use.

Additional parking for a Short-Term Residential Rental is only required if the unit has
more than five bedrooms, at which point one additional space shall be required for
every two additional bedrooms or fractional portion thereof. The proposed Short-Term
Residential Rental has 4 bedrooms and therefore is not required to provide additional
parking.

The subject site is located within the Centennial Hills Sector Plan Area. An objective of
this plan is to achieve a compatible balance of land uses that are standard throughout
the Centennial Hills Sector by providing appropriate and compatible locations for all land
use categories. There is no other Short-Term Residential Use located within the
required 660-foot distance separation. There is a church located on the property
adjacent to the south. Per the submitted justification letter, the church has voiced its

CS
SUP-71230 [PRJ-71206]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

support of the proposed use. It is concluded that the proposed Short-Term Residential
Rental use can be conducted in a manner that will not negatively impact the
surrounding area; therefore, staff recommends approval subject to conditions.

FINDINGS (SUP-71248)

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 Short-Term Residential Rental use can be conducted in a manner


that is harmonious and compatible with the existing surrounding land uses. The
subject property is located more than 660 feet from another Short-Term
Residential Use.

2. The subject site is physically suitable for the type and intensity of land use
proposed.

The subject site is physically suitable for the use as a Short-Term Residential
Rental.

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 Short-Term Residential Rental use will be accessed from Mustang
Road, a 60-foot wide minor collector, which will provide adequate access for the
proposed use.

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

The approval of the Special Use Permit on this subject property will be subject to
conditions of approval, business license approval, and compliance inspections to
assure it will not compromise the public health safety and welfare.

CS
SUP-71230 [PRJ-71206]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Short-Term Residential Rental use complies with all of the Special
Use Permit requirements listed in Title 19.12.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


There are no related city actions on file.

Most Recent Change of Ownership


08/25/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


Building Permit #174633 was issued for a wall/fence. The permit was
10/21/10
finalized on 04/28/11.

Pre-Application Meeting
A pre-application meeting was held with the applicant where the
07/19/17
submittal requirements and deadlines were reviewed.

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

Field Check
Staff conducted a routine field check where a well maintained single
08/03/17
family dwelling was found.

Details of Application Request


Site Area
Net Acres 0.47

CS
SUP-71230 [PRJ-71206]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family, DR (Desert Rural R-E (Residence
Property Detached Density Residential) Estates)
Single Family, DR (Desert Rural R-E (Residence
North
Detached Density Residential) Estates)
Church/House of DR (Desert Rural R-E (Residence
South
Worship Density Residential) Estates)
Single Family, DR (Desert Rural R-E (Residence
East
Detached Density Residential) Estates)
Single Family, RN (Rural R-E (Rural Estates
West Detached Clark Neighborhood) Residential) Clark
County Clark County County

Master and Neighborhood Plan Areas Compliance


Centennial Hills Sector Plan Y
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District N
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification Y
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Title 19.04
Mustang Road Minor Collector Complete Streets 60 Feet Y

CS
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SUP-71230
SUP-71230 [PRJ-71206] - SPECIAL USE PERMIT - APPLICANT/OWNER: RENEE PAGE
3284 MUSTANG ROAD
08/03/2017
SUP-71230 [PRJ-71206] - SPECIAL USE PERMIT - APPLICANT/OWNER: RENEE PAGE
3284 MUSTANG ROAD
08/03/2017
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SUP-71230
Agenda Item No.: 71.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-71248 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: MARIA LYNCH
AND NUALA EVANS - OWNER: VAC FUND1, LLC - For possible action on a request for a
Special Use Permit FOR A PROPOSED SHORT-TERM RESIDENTIAL RENTAL USE at
1111 Cahlan Drive (APN 162-05-512-002), R-E (Residence Estates) Zone, Ward 1 (Tarkanian)
[PRJ-71195]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 1 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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 Postcard
SUP-71248 [PRJ-71195]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: MARIA LYNCH AND NUALA EVANS - OWNER:
VAC FUND1, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71248 Staff recommends APPROVAL, subject to conditions: N/A

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 26

NOTICES MAILED 227

PROTESTS 1

APPROVALS 0

RG
SUP-71248 [PRJ-71195]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71248 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Short-
Term Residential Rental use.

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

3. The use shall not include the rental or occupancy of an accessory structure (Class
I or II), a tent, a trailer or a mobile unit.

4. Prior to the issuance of a Short-Term Residential Rental business license, the


Department of Planning - Code Enforcement Division must approve an inspection
of the subject property.

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

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

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

RG
SUP-71248 [PRJ-71195]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to operate a Short-Term Residential Rental use within an


existing single-family dwelling at 1111 Cahlan Drive.

ISSUES

Pursuant to Title 19.12, a Short-Term Residential Rental use is permitted in the R-E
(Residence Estates) zoning district as a Conditional Use.
The applicant will not comply with the owner occupied requirements and bedroom
limitations of the conditional use regulations. Therefore per Title 19.12.040, a
Special Use Permit is required. Staff recommends approval.
The applicant is required to schedule an inspection through the Department of
Planning - Code Enforcement Division. The inspection must be approved prior to
the issuance of the business license.

ANALYSIS

The subject property contains a single-family dwelling and is subject to Title 19


requirements. The dwelling contains four bedrooms per the Clark County Assessors
records.

A Short-Term Residential Rental use is permitted in the R-E (Residence Estates) zoning
district as a Conditional Use. The proposed use would not meet the Conditional Use
Regulations requiring it to be owner occupied during each period the unit is rented and
limiting the rental use to a maximum of a three-bedroom home; therefore, per Title
19.12.040, a Special Use Permit is required.

The Short-Term Residential Rental use is defined as The commercial use, or the
making available for commercial use, of a residential dwelling unit for dwelling, lodging
or sleeping purposes, wherein any individual guest rents or occupies the entire dwelling
unit or one or more individual rooms within the unit for a period of less than 31
consecutive calendar days. This use does not include a Community Residence,
Facility for Transitional Living for Released Offenders, or any other facility with
dwelling units that is specifically defined in Chapter 19.18. For purposes of this Title, this
use does not include the rental or occupancy of an accessory structure (Class I or II), a
tent, a trailer or a mobile unit. In the case of a single parcel containing more than one
dwelling unit, each dwelling unit constitutes a separate short-term residential rental

RG
SUP-71248 [PRJ-71195]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

use. Per the applicants justification letter date stamped on 07/24/17, the single-family
dwelling will be occupied by the owner when they are in town. The property will be
offered as a Short-Term Residential Rental while the owner is out of town.

The Minimum Special Use Permit Requirements for this use include:

The requirements stated below are marked with an asterisk

*1. The operator must obtain a business license to operate the use.

If this Special Use Permit is approved, the applicant will be required to obtain a
business license.

*2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.

If a business license is issued for the Short-Term Residential Rental it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements are being met.

*3. The use must comply with the Citys noise regulations as they apply to residential
uses, as well as any applicable provisions of the Municipal Code that may pertain
to odor nuisances.

The Code Enforcement Division will investigate noise and odor nuisance
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or
access to other properties in the area.

The Code Enforcement Division will investigate traffic and access obstruction
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*5. In addition to and independent of any enforcement authority or remedy described


in this Title, the failure to comply with a Minimum Special Use Permit
Requirement or other condition of approval associated with this use may be
enforced as in the case of a violation of Title 6 by means of a civil proceeding
pursuant to LVMC 6.02.400 to 6.02.460, inclusive.

RG
SUP-71248 [PRJ-71195]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*6. The use is allowed in the P-O, O, C-1, C-2 and C-PB Zoning Districts only in
connection with the residential component of a mixed-use development or in a
dwelling unit permitted as a legal nonconforming use.

This condition does not apply, as the subject site is not zoned P-O, O, C-1, C-2
or C-PB.

*7. The maximum occupancy of the residential dwelling unit shall not exceed the
limits provided for in LVMC 6.75.090.

The Code Enforcement Division will investigate maximum occupancy allegations


and take enforcement action when appropriate. Reports of violations will be
forwarded to the Business Licensing Division for action when appropriate.

8. The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).

The proposed use meets this requirement, as the subject property is 794 feet
from the nearest Short-Term Residential Rental use.

Additional parking for a Short-Term Residential Rental is only required if the unit has
more than five bedrooms, at which point one additional space shall be required for
every two additional bedrooms or fractional portion thereof. The proposed Short-Term
Residential Rental has four bedrooms and therefore is not required to provide additional
parking. The subject property is located in an established single-family residential
subdivision, and has sufficient onsite parking for the proposed use.

The subject site meets the distance separation requirements, and although it will not be
owner occupied and has four bedrooms, staff finds that the use can be conducted in a
manner that is harmonious with the existing surrounding land uses. Therefore, staff
recommends approval subject to conditions.

FINDINGS (SUP-71248)

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:

RG
SUP-71248 [PRJ-71195]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

1. The proposed land use can be conducted in a manner that is harmonious


and compatible with existing surrounding land uses, and with future
surrounding land uses as projected by the General Plan.

The proposed Short-Term Residential Rental use can be conducted in a manner


that is harmonious and compatible with the existing surrounding land uses. The
subject property is not located within 660 feet of another Short-Term Residential
Use.

2. The subject site is physically suitable for the type and intensity of land use
proposed.

The subject site is physically suitable for the use as a Short-Term Residential
Rental.

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 facility can be accessed from Cahlan Drive, a 60-foot wide local street, which
is adequate for the proposed Short-Term Residential 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 approval of the Special Use Permits on this subject property will be subject to
condition of approval, business license approval, and compliance inspections to
assume it will not compromise the public health safety and welfare.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Short-Term Residential Rental use complies with all of the Special
Use Permit requirements listed in Title 19.12.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


The City Council approved a request for a General Plan Amendment
(GPA-0047-01) to amend portions of the Southeast Sector map of the
General Plan of the subject property from: R (Rural Density
06/19/02
Residential) to: DR (Desert Rural Density Residential) as part of a
large request. The Planning Commission recommended denial and
staff recommended approval.

RG
SUP-71248 [PRJ-71195]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

Most Recent Change of Ownership


07/13/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


The existing single-family dwelling at 1111 Cahlan Drive was
1951
constructed.
A building permit (#28008) was issued for a swimming pool at 1111
02/04/57
Cahlan Drive. The permit was finalized on 04/19/57.
A building permit (#34576) was issued for a brick fence at 1111
09/28/59
Cahlan Drive. The permit was finalized on 09/30/59.
A building permit (#290785) was issued for an interior remodel at 1111
06/15/15
Cahlan Drive. The permit was not finalized.

Pre-Application Meeting
A pre-application meeting was conducted where the submittal
07/17/17 requirements for a Special Use Permit application were discussed for
a proposed Short-Term Residential Rental use at 1111 Cahlan Drive.

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

Field Check
A field check by staff observed the single-family residence and noted
08/03/17
the site is well maintained.

Details of Application Request


Site Area
Net Acres 0.46

RG
SUP-71248 [PRJ-71195]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family, DR (Desert Rural R-E (Residence
Property Detached Density Residential) Estates)
Church/House of
North O (Office) O (Office)
Worship
Single Family, DR (Desert Rural R-E (Residence
South
Detached Density Residential) Estates)
Church/House of
East O (Office) O (Office)
Worship
Single Family, DR (Desert Rural R-E (Residence
West
Detached Density Residential) Estates)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District Y
RP-O (Rural Preservation Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Y
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification of Street Width with Street
Document
Street(s) (Feet) Section
Cahlan Drive Local Street Title 13 60 Y

RG
SUP-71248



Ab7
 77 7A

7
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 77

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b7 7b *777 77 777 7 7 77b7 7b*7 7
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77

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77777777777 7 7777 7
77777 777 777777 7 777
77*777777777A7777777

SUP-71248
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7

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7 7

77777 7 77777 7 77 7
7 777 7 777 7777777777 7 7 7
77 777 77777 77777 7 7 77
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7 7 7A

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7 7&777 77777 77 777 77 7 7 77
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777777777 77 7 777

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A7 77

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77 7

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77 7777777 7 7 7
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7 77

7 777777777777 7 7 777
7 77777 7777 77 7 &7 7
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SUP-71248
7 7 7

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777777 77 7777 77

A 7b 7

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7 7

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A77b

777777 77 7 7777 777 7


77777777 77 77777 77 777
7 7 77 777777 77777

SUP-71248
77

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77777777 7777 77 7
777777777777 7

b7

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7 777 777777A7 777 777*
7777b777777 777777b7 7
77

, 7 7 7

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7 7

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77777 7

7 7 77777 7 A b 7, 77 7 77 77 7A 77

SUP-71248
777777b77 7777 7 7 A b 7 7
7777777A77 7 7777

7 7  77777 7 7 7 77b
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A 7
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b7

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SUP-71248
SUP-71248



7A
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b777777
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7 7


7
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b7

SUP-71248
SUP-71248


SUP-71248 [PRJ-71195] - SPECIAL USE PERMIT - APPLICANT: MARIA LYNCH AND NUALA EVANS - OWNER:
VAC FUND1, LLC
1111 CAHLAN DRIVE
08/03/2017

SUP-71248
Agenda Item No.: 72.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-71273 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: VENZA
BRACKEN - For possible action on a request for a Special Use Permit FOR A PROPOSED
SHORT TERM RESIDENTIAL RENTAL USE WITH A WAIVER TO ALLOW A 152-FOOT
DISTANCE SEPARATION FROM A SIMILAR USE WHERE 660 FEET IS REQUIRED at
309 Arnold Street (APN 139-33-210-037), R-1 (Single Family Residential) Zone, Ward 5
(Barlow) [PRJ-71263]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 1 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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-71273 [PRJ-71263]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: VENZA BRACKEN

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71273 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 23

NOTICES MAILED 373

PROTESTS 1

APPROVALS 0

JB
SUP-71273 [PRJ-71263]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71273 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Short-
Term Residential Rental use.

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

3. A Waiver from Title 19.12 is hereby approved, to allow a 152-foot distance


separation from a similar use where 660 feet is required.

4. The use shall not include the rental or occupancy of an accessory structure (Class
I or II), a tent, a trailer or a mobile unit.

5. Prior to the issuance of a Short-Term Residential Rental business license, the


Department of Planning - Code Enforcement Division must approve an inspection
of the subject property.

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, as well as submitted as part of any business license
application.

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

JB
SUP-71273 [PRJ-71263]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to operate a Short-Term Residential Rental use within the
existing single-family dwelling at 309 Arnold Street.

ISSUES

Pursuant to Title 19.12, a Short-Term Residential Rental use is permitted in the R-1
(Single Family Residential) zoning district as a Conditional Use.
The applicant will not comply with the owner occupied requirements and bedroom
limitations of the conditional use regulations and therefore, per Title 19.12.040, a
Special Use Permit is required.
A Waiver has been requested to allow the use to be 152 feet from an existing Short-
Term Residential Rental use, where 660 feet is required. Staff supports this waiver
request.
The applicant is required to schedule an inspection through the Department of
Planning - Code Enforcement Division. The inspection must be approved prior to the
issuance of the business license.
A Code Enforcement case (#174907) was processed for a non-licensed Short-Term
Rental at 309 Arnold Street. The case has not been resolved.

ANALYSIS

The subject property contains a single-family dwelling, is zoned R-1 (Single Family
Residential) and is subject to Title 19 requirements. The dwelling contains six bedrooms
per the Clark County Assessors records. The applicant is proposing to offer a Short-
Term Residential Rental use on the property. The Short-Term Residential Rental
definition specifically prohibits the rental or occupancy of an accessory structure (Class I
or II), a tent, a trailer or a mobile unit. Staff has included a recommended condition that
includes that restriction.

A Short-Term Residential Rental use is permitted in the R-1 (Single Family Residential)
zoning district as a Conditional Use. The proposed use would not meet the Conditional
Use Regulations requiring it be owner occupied during each period the unit is rented, to
be 660 feet from any other Short-Term Residential Rental use, and is a home with more
than three-bedroom; therefore, per Title 19.12.040, a Special Use Permit is required.

JB
SUP-71273 [PRJ-71263]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

The Short-Term Residential Rental use is defined as The commercial use, or the
making available for commercial use, of a residential dwelling unit for dwelling, lodging
or sleeping purposes, wherein any individual guest rents or occupies the entire dwelling
unit or one or more individual rooms within the unit for a period of less than 31
consecutive calendar days. This use does not include a Community Residence,
Facility for Transitional Living for Released Offenders, or any other facility with
dwelling units that is specifically defined in Chapter 19.18. For purposes of this Title, this
use does not include the rental or occupancy of an accessory structure (Class I or II), a
tent, a trailer or a mobile unit. In the case of a single parcel containing more than one
dwelling unit, each dwelling unit constitutes a separate short-term residential rental
use. Per the applicants justification letter date stamped on 07/26/17, the subject site
will provide six guest rooms for lodging of individual guests. Additionally, the following
analysis is required:

The Minimum Special Use Permit Requirements for this use include: (The requirements
marked with an asterisk cannot be waived.)

*1. The operator must obtain a business license to operate the use.

If this Special Use Permit is approved, the applicant will be required to obtain a
business license prior to operating.

*2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*3. The use must comply with the Citys noise regulations as they apply to residential
uses, as well as any applicable provisions of the Municipal Code that may pertain
to odor nuisances.

The Code Enforcement Division will investigate noise and odor nuisance
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or
access to other properties in the area.

JB
SUP-71273 [PRJ-71263]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

The Code Enforcement Division will investigate traffic and access obstruction
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*5. In addition to and independent of any enforcement authority or remedy described


in this Title, the failure to comply with a Minimum Special Use Permit
Requirement or other condition of approval associated with this use may be
enforced as in the case of a violation of Title 6 by means of a civil proceeding
pursuant to LVMC 6.02.400 to 6.02.460, inclusive.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*6. The use is allowed in the P-O, O, C-1, C-2 and C-PB Zoning Districts only in
connection with the residential component of a mixed-use development or in a
dwelling unit permitted as a legal nonconforming use.

This condition does not apply, as the subject site is not zoned P-O, O, C-1, C-2
or C-PB.

*7. The maximum occupancy of the residential dwelling unit shall not exceed the
limits provided for in LVMC 6.75.090.

The Code Enforcement Division will investigate maximum occupancy allegations


and take enforcement action when appropriate. Reports of violations will be
forwarded to the Business Licensing Division for action when appropriate.

8. The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).

The applicant has requested a waiver of this requirement to allow the proposed
Short-Term Residential Rental to be 152 feet from the nearest existing Short-
Term Residential Rental use, where 660 feet is required. Staff supports the
waiver request as the requested use is similar to the previously approved Bed
and Breakfast Inn use at the subject site.

Additional parking for a Short-Term Residential Rental is only required if the unit has
more than five bedrooms, at which point one additional space shall be required for
every two additional bedrooms or fractional portion thereof. The proposed Short-Term
Residential Rental has six bedrooms and therefore is required to provide one additional
parking space; the submitted site plan indicates four parking spaces will be provided
including one garage parking space.

JB
SUP-71273 [PRJ-71263]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

The applicant has requested a waiver of the 660-foot distance separation from a similar,
existing use. The subject site is 152 feet from the nearest Short-Term Residential
Rental. Staff supports this waiver request as the requested use is similar to the
previously approved Bed and Breakfast Inn use at the subject site.

On July 19th, 2017 the City Council approved a request for a Special Use Permit (SUP-
69676) for a proposed Bed & Breakfast Inn use with Waivers to allow guest parking not
be screened by a six-foot tall fence or dense landscaping and to allow the use to be
located on a 39-foot right-of-way where 50 feet is required at 309 Arnold Street.

The proposed Short-Term Residential Rental use is intended to operate in conjunction


with the existing Bed & Breakfast Inn use. The subject property is located within 660
feet of two approved Short-Term Residential Rental uses. However, the proposed
Short-Term Residential Rental use is similar is scope to the recently approved Bed &
Breakfast Inn use which by definition is a facility wherein overnight accommodations
and a morning meal are provided in a dwelling unit to tourists for compensation; it has
been determined that it will be compatible with the surrounding residential uses in the
area. Therefore, staff recommends approval. If this application is denied, the Short-
Term Residential Rental use cannot be conducted on the subject property.

FINDINGS (SUP-71273)

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 Short-Term Residential Rental use is similar is scope to the


recently approved Bed & Breakfast Inn use and can be conducted in a manner
that is harmonious and compatible with the existing surrounding.

2. The subject site is physically suitable for the type and intensity of land use
proposed.

The subject site is physically suitable for the type and intensity of land use
proposed 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.

JB
SUP-71273 [PRJ-71263]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

The site is accessed from Arnold Street, which is classified as a 39-foot Local
Street, which provides adequate access to the subject property for the proposed
land use.

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

The approval of the Special Use Permit on this subject property will be subject to
condition of approval and business license approval and compliance. The
Department of Fire and Rescue must inspect and approve the occupancy of an
establishment before it may be used as a Short-Term Residential Rental.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed use does not meet all of the applicable conditions of Title 19.12.
The proposed use does not comply with Conditional Use Requirements (#4 & #7)
and Minimum Special Use Permit Requirement (#8) to allow a 152-foot distance
separation from a short term residential rental use where 660 feet is required, to
allow the property to not be occupied by its owner during each period the unit is
rented and that there are six bedrooms on the property associated with the
proposed use. Due to the requested Waivers this application which requires
approval of a Special Use Permit to conduct the use at this location. Staff supports
the Waiver requests.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc


The City Council approved a request for a Special Use Permit (SUP-
69676) for a proposed Bed & Breakfast Inn use with Waivers to allow
guest parking not be screened by a six-foot tall fence or dense
07/19/17
landscaping and to allow the use to be located on a 39-foot right-of-
way where 50 feet is required at 309 Arnold Street. The Planning
Commission and Staff recommended denial of the request.
The Department of Planning Code Enforcement Division approved
07/26/17 an inspection of the subject site for the purpose of a Short-Term
Residential Rental business license.

Most Recent Change of Ownership


01/10/17 A deed was recorded for a change in ownership.

JB
SUP-71273 [PRJ-71263]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


1948 The main dwelling was constructed.
A building permit (#90058178) was issued for a room addition at 309
02/23/90
Arnold Street. The permit was not finalized as of 03/23/17.
A Code Enforcement case (#174907) was processed for a non-
02/21/17 licensed Short-Term Rental at 309 Arnold Street. The case has not
been resolved.

Pre-Application Meeting
A pre-application meeting was conducted where the submittal
07/25/17 requirements for a Special Use Permit application were discussed for
a proposed Short-Term Residential Rental use at 309 Arnold Street.

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

Field Check
A field check by staff observed the single-family residence and noted
08/03/17
the site is well maintained.

Details of Application Request


Site Area
Net Acres 0.23

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family, ML (Medium Low R-1 (Single Family
Property Detached Density Residential) Residential)
Single Family, ML (Medium Low R-1 (Single Family
North
Detached Density Residential) Residential)
Single Family, ML (Medium Low R-1 (Single Family
South
Detached Density Residential) Residential)
Single Family, ML (Medium Low R-1 (Single Family
East
Detached Density Residential) Residential)
Single Family, ML (Medium Low R-1 (Single Family
West
Detached Density Residential) Residential)

JB
SUP-71273 [PRJ-71263]
Staff Report Page Seven
September 12, 2017 - Planning Commission Meeting

Master and Neighborhood Plan Areas Compliance


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

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Arnold Street Local Street Title 13 39 Y

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Floor Required Provided Compliance
Area or Parking Parking
Use
Number of Parking Ratio Handi- Handi-
Regular Regular
Units capped capped
For units with
more than 5
bedrooms, one
additional
Short-Term space shall be
Six guest required for
Residential 3
rooms every two
Rental
additional
bedrooms or
fractional
portion thereof.
TOTAL SPACES REQUIRED 3 4 Y
Regular and Handicap Spaces Required 3 - 4 - Y

JB
SUP-71273 [PRJ-71263]
Staff Report Page Eight
September 12, 2017 - Planning Commission Meeting

Waivers
Requirement Request Staff Recommendation
A Short-Term Residential
To allow a 152-foot
Rental use may not be
distance separation
located closer than 660 feet
from a short term
to any other Short-Term Approval
residential rental use
Residential Rental use
where 660 feet is
(measured property line to
required.
property line).

JB
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SUP-71273
SUP-71273 [PRJ-71263] - SPECIAL USE PERMIT - APPLICANT/OWNER: VENZA BRACKEN
309 ARNOLD STREET
08/03/2017
SUP-71273 [PRJ-71263] - SPECIAL USE PERMIT - APPLICANT/OWNER: VENZA BRACKEN
309 ARNOLD STREET
08/03/2017


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SUP-71273
Agenda Item No.: 73.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-71311 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
SHEMOT TEVET, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED SHORT-TERM RESIDENTIAL RENTAL USE at 6336 Lawton Avenue (APN
138-26-811-128), R-1 (Single Family Residential) Zone, Ward 1 (Tarkanian) [PRJ-71275]. Staff
recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 1 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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 Postcard
SUP-71311 [PRJ-71275]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: SHEMOT TEVET, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71311 Staff recommends APPROVAL, subject to conditions: N/A

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 24

NOTICES MAILED 290

PROTESTS 1

APPROVALS 0

PB
SUP-71311 [PRJ-71275]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71311 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Short-
Term Residential Rental use.

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

3. The use shall not include the rental or occupancy of an accessory structure (Class
I or II), a tent, a trailer or a mobile unit.

4. Prior to the issuance of a Short-Term Residential Rental business license, the


Department of Planning - Code Enforcement Division must approve an inspection
of the subject property.

5. All necessary business licenses shall be obtained in compliance with Title 6 prior to
any rental activities.

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, as well as submitted as part of any business license
application.

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

PB
SUP-71311 [PRJ-71275]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to operate a Short-Term Residential Rental use within the
existing single-family dwelling at 6336 Lawton Avenue.

ISSUES

Pursuant to Title 19.12, a Short-Term Residential Rental use is permitted in the R-1
(Single Family Residential) zoning district as a Conditional Use.
The applicant will not comply with the owner occupied requirements and bedroom
limitations of the conditional use regulations and therefore per Title 19.12.040 a
Special Use Permit is required.
The applicant is required to schedule an inspection through the Department of
Planning - Code Enforcement Division. The inspection must be approved prior to the
issuance of the business license.

ANALYSIS

The subject property, zoned R-1 (Single Family Residential), contains a single-family
dwelling and is subject to the requirements of Title 19. The subject dwelling has four
bedrooms per the Clark County Assessors records

A Short-Term Residential Rental use is permitted in the R-1 (Single Family Residential)
zoning district as a Conditional Use. The proposed use would not meet the Conditional
Use Regulations requiring it to be owner occupied during each period the unit is rented
and has no more than three bedrooms; therefore, per Title 19.12.040 the applicant may
request a Special Use Permit.

The Short-Term Residential Rental use is defined as The commercial use, or the
making available for commercial use, of a residential dwelling unit for dwelling, lodging
or sleeping purposes, wherein any individual guest rents or occupies the entire dwelling
unit or one or more individual rooms within the unit for a period of less than 31
consecutive calendar days. This use does not include a Community Residence,
Facility for Transitional Living for Released Offenders, or any other facility with
dwelling units that is specifically defined in Chapter 19.18. For purposes of this Title, this
use does not include the rental or occupancy of an accessory structure (Class I or II), a
tent, a trailer or a mobile unit. In the case of a single parcel containing more than one
dwelling unit, each dwelling unit constitutes a separate short-term residential rental

PB
SUP-71311 [PRJ-71275]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

use. Per the applicants justification letter date stamped on 08/01/17, the applicant is
aware of the laws of short term rentals and intends to abide to all laws and policies.
Additionally, the following analysis is required:

The Minimum Special Use Permit Requirements for this use include: (The requirements
marked with an asterisk cannot be waived.)

*1. The operator must obtain a business license to operate the use.

If this Special Use Permit is approved, the applicant will be required to obtain a
business license prior to operating.

*2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*3. The use must comply with the Citys noise regulations as they apply to residential
uses, as well as any applicable provisions of the Municipal Code that may pertain
to odor nuisances.

The Code Enforcement Division will investigate noise and odor nuisance
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or
access to other properties in the area.

The Code Enforcement Division will investigate traffic and access obstruction
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*5. In addition to and independent of any enforcement authority or remedy described


in this Title, the failure to comply with a Minimum Special Use Permit
Requirement or other condition of approval associated with this use may be
enforced as in the case of a violation of Title 6 by means of a civil proceeding
pursuant to LVMC 6.02.400 to 6.02.460, inclusive.

PB
SUP-71311 [PRJ-71275]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*6. The use is allowed in the P-O, O, C-1, C-2 and C-PB Zoning Districts only in
connection with the residential component of a mixed-use development or in a
dwelling unit permitted as a legal nonconforming use.

This condition does not apply, as the subject site is not zoned P-O, O, C-1, C-2
or C-PB.

*7. The maximum occupancy of the residential dwelling unit shall not exceed the
limits provided for in LVMC 6.75.090.

The Code Enforcement Division will investigate maximum occupancy allegations


and take enforcement action when appropriate. Reports of violations will be
forwarded to the Business Licensing Division for action when appropriate.

8. The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).

The proposed use meets this requirement, as the subject property is 2,445 feet
from the nearest Short-Term Residential Rental use.

Additional parking for a Short-Term Residential Rental is only required if the unit has
more than five bedrooms, at which point one additional space shall be required for
every two additional bedrooms or fractional portion thereof. The proposed Short-Term
Residential Rental has four bedrooms and therefore is not required to provide additional
parking.

The subject property is located in an established single family residential subdivision,


and has sufficient onsite parking for the proposed use. The current owner took
ownership of the property on 12/16/16 according to the Clark County Assessors
records. The Code Enforcement Division received a complaint for construction without a
permit on 01/17/17, and gained compliance through a building permit (#335846) issued
on 02/13/17 and re-inspection on 02/23/17. The Code Enforcement Division also
received a complaint about garbage and tall weeds on 05/15/17, and gained compliance
through re-inspection on 05/25/17.

The subject site meets the distance separation requirements and although it will not be
owner occupied and has four bedrooms, staff finds that the use can be conducted in a
manner that is harmonious with the existing surrounding land uses. Therefore, staff
recommends approval subject to conditions.

PB
SUP-71311 [PRJ-71275]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

FINDINGS (SUP-71248)

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 Short-Term Residential Rental use can be conducted in a manner


that is harmonious and compatible with the existing surrounding land uses. The
subject property is located more than 660 feet from another Short-Term
Residential Use.

2. The subject site is physically suitable for the type and intensity of land use
proposed.

The subject site is physically suitable for the use as a Short-Term Residential
Rental.

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 Short-Term Residential Rental use will be accessed from Lawton
Avenue, a 50-foot wide local street, which will provide adequate access for the
proposed use.

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

The approval of the Special Use Permit on this subject property will be subject to
conditions of approval, business license approval, and compliance inspections to
assure it will not compromise the public health safety and welfare.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Short-Term Residential Rental use complies with all of the Special
Use Permit requirements listed in Title 19.12.

PB
SUP-71311 [PRJ-71275]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc


A Code Enforcement Officer noticed construction work without a
permit. The property owner obtained the necessary permits (#335846)
01/17/17
for the construction work and removed an illegal shed. The property
passed inspection on 02/23/17
The Code Enforcement Division received a complaint about garbage in
05/15/17 the rear yard, weeds and trespassing. The property passed inspection
on 05/25/17.

Most Recent Change of Ownership


12/16/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A Building Permit (#335846) was issued for drywall replacement. The
02/13/17
permit is still open.

Pre-Application Meeting
Staff held a preapplication meeting with the applicant, reviewing the
07/25/17
requirements and submittal checklist for a Special Use Permit.

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

Field Check
Staff completed a routine site visit, finding a well maintained single
08/03/17
family residence.

Details of Application Request


Site Area
Net Acres 0.15

PB
SUP-71311 [PRJ-71275]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family L (Low Density R-1 (Single Family
Property Dwelling Residential) Residential)
Single Family L (Low Density R-1 (Single Family
North
Dwelling Residential) Residential)
Single Family L (Low Density R-1 (Single Family
South
Dwelling Residential) Residential)
Single Family L (Low Density R-1 (Single Family
East
Dwelling Residential) Residential)
Single Family L (Low Density R-1 (Single Family
West
Dwelling Residential) Residential)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Lawton Avenue Local Street Title 13 50 Y

PB
SUP-71311



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SUP-71311
SUP-71311 [PRJ-71275] - SPECIAL USE PERMIT - APPLICANT/OWNER: SHEMOT TEVET, LLC
6336 LAWTON AVENUE
08/03/2017

SUP-71311


SUP-71311
Agenda Item No.: 74.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-71312 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: SIVAN,
LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED SHORT-
TERM RESIDENTIAL RENTAL USE WITH A WAIVER TO ALLOW A 180-FOOT
DISTANCE SEPARATION FROM A SIMILAR USE WHERE 660 FEET IS REQUIRED at
809 Franklin Avenue (APN 162-03-515-053), R-1 (Single Family Residential) Zone, Ward 3
(Coffin) [PRJ-71276]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 11 Planning Commission Mtg. 1
City Council Meeting 0 City Council Meeting 0

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
6. Protest Postcards and Protest/Support Comment Forms
SUP-71312 [PRJ-71276]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: SIVAN, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71312 Staff recommends DENIAL, if approved subject to N/A
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 32

NOTICES MAILED 303

PROTESTS 0

APPROVALS 0

PB
SUP-71312 [PRJ-71276]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71312 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Short-
Term Residential Rental use.

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

3. A Waiver from Title 19.12 is hereby approved, to allow a 180-foot distance


separation from an existing Short-Term Residential Rental where 600 feet is
required.

4. The use shall not include the rental or occupancy of an accessory structure (Class
I or II), a tent, a trailer or a mobile unit.

5. Prior to the issuance of a Short-Term Residential Rental business license, the


Department of Planning - Code Enforcement Division must approve an inspection
of the subject property.

6. All necessary business licenses shall be obtained in compliance with Title 6 prior to
any rental activities.

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

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

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

PB
SUP-71312 [PRJ-71276]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to operate a Short-Term Residential Rental use within the
existing single-family dwelling at 809 Franklin Avenue.

ISSUES

Pursuant to Title 19.12, a Short-Term Residential Rental use is permitted in the R-1
(Single Family Residential) zoning district as a Conditional Use.
The applicant will not comply with the owner occupied requirements of the
conditional use regulations and therefore per Title 19.12.040 a Special Use Permit is
required.
A Waiver has been requested to allow the use to be 180 feet from an existing Short-
Term Residential Rental use, where 660 feet is required. Staff does not support this
waiver request.
The applicant is required to schedule an inspection through the Department of
Planning - Code Enforcement Division.

ANALYSIS

The subject property, zoned R-1 (Single Family Residential), contains a single-family
dwelling and is subject to the requirements of Title 19. The dwelling contains 3
bedrooms per the Clark County Assessors records. The site is also developed with a
detached accessory structure. The Short-Term Residential Rental definition specifically
prohibits the rental or occupancy of an accessory structure (Class I or II), a tent, a trailer
or a mobile unit. Staff has included a recommended condition that includes that
restriction.

A Short-Term Residential Rental use is permitted in the R-1 (Single Family Residential)
zoning district as a Conditional Use. The proposed use would not meet the Conditional
Use Regulations requiring it to be owner occupied during each period the unit is rented
and to be 660 feet from any other Short-Term Residential Rental use; therefore, per
Title 19.12.040 a Special Use Permit is required.

The Short-Term Residential Rental use is defined as The commercial use, or the
making available for commercial use, of a residential dwelling unit for dwelling, lodging
or sleeping purposes, wherein any individual guest rents or occupies the entire dwelling

PB
SUP-71312 [PRJ-71276]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

unit or one or more individual rooms within the unit for a period of less than 31
consecutive calendar days. This use does not include a Community Residence,
Facility for Transitional Living for Released Offenders, or any other facility with
dwelling units that is specifically defined in Chapter 19.18. For purposes of this Title, this
use does not include the rental or occupancy of an accessory structure (Class I or II), a
tent, a trailer or a mobile unit. In the case of a single parcel containing more than one
dwelling unit, each dwelling unit constitutes a separate short-term residential rental
use. Per the applicants justification letter date stamped on 08/01/17, they are aware of
the laws for short term rentals and intend to abide by all laws and policies. Additionally,
the following analysis is required:

The Minimum Special Use Permit Requirements for this use include: (The requirements
marked with an asterisk cannot be waived.)

*1. The operator must obtain a business license to operate the use.

If this Special Use Permit is approved, the applicant will be required to obtain a
business license prior to operating.

*2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*3. The use must comply with the Citys noise regulations as they apply to residential
uses, as well as any applicable provisions of the Municipal Code that may pertain
to odor nuisances.

The Code Enforcement Division will investigate noise and odor nuisance
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or
access to other properties in the area.

The Code Enforcement Division will investigate traffic and access obstruction
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

PB
SUP-71312 [PRJ-71276]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

*5. In addition to and independent of any enforcement authority or remedy described


in this Title, the failure to comply with a Minimum Special Use Permit
Requirement or other condition of approval associated with this use may be
enforced as in the case of a violation of Title 6 by means of a civil proceeding
pursuant to LVMC 6.02.400 to 6.02.460, inclusive.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*6. The use is allowed in the P-O, O, C-1, C-2 and C-PB Zoning Districts only in
connection with the residential component of a mixed-use development or in a
dwelling unit permitted as a legal nonconforming use.

This condition does not apply, as the subject site is not zoned P-O, O, C-1, C-2
or C-PB.

*7. The maximum occupancy of the residential dwelling unit shall not exceed the
limits provided for in LVMC 6.75.090.

The Code Enforcement Division will investigate maximum occupancy allegations


and take enforcement action when appropriate. Reports of violations will be
forwarded to the Business Licensing Division for action when appropriate.

8. The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).

The applicant has requested a waiver of this requirement to allow the proposed
Short-Term Residential Rental to be 180 feet from the nearest existing Short-
Term Residential Rental use, where 660 feet is required. Staff does not support
the waiver request.

Additional parking for a Short-Term Residential Rental is only required if the unit has
more than five bedrooms, at which point one additional space shall be required for
every two additional bedrooms or fractional portion thereof. The proposed Short-Term
Residential Rental has 3 bedrooms and therefore is not required to provide additional
parking.

The applicant has requested a waiver of the 660-foot distance separation from a similar,
existing use. The subject site is 180 feet from the nearest Short-Term Residential
Rental. Staff does not support this waiver request.

PB
SUP-71312 [PRJ-71276]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

The subject site is located in a well-established single family residential development


and has sufficient on-site parking. However, the proposed use will not be owner
occupied and is 180 feet from an existing Short-Term Residential Rental where 660 feet
is required. Therefore, staff recommends denial.

FINDINGS (SUP-71312)

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 Short-Term Residential Rental use cannot be conducted in a


manner that is harmonious and compatible with the existing surrounding land
uses. The subject property is located 180 feet from an existing Short-Term
Residential Rental use, where 660 feet is required.

2. The subject site is physically suitable for the type and intensity of land use
proposed.

The subject site is physically suitable for the use as a Short-Term Residential
Rental.

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 Short-Term Residential Rental use will be accessed from Franklin
Avenue, a 60-foot wide local street, which will provide adequate access for the
proposed use.

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

The approval of the Special Use Permit on this subject property will be subject to
conditions of approval, business license approval, and compliance inspections to
assure it will not compromise the public health safety and welfare.

5. The use meets all of the applicable conditions per Title 19.12.

PB
SUP-71312 [PRJ-71276]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

The proposed Short-Term Residential Rental use complies with all of the Special
Use Permit requirements listed in Title 19.12 with the exception of the distance
separation from a similar, existing use. The applicant has requested a waiver to
allow a 180-foot separation, where 660 feet is required. Staff does not support
this waiver request.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc


The City Council approved a request by the City of Las Vegas (DIR-
1208) to designate parcels of land consisting of 31.0 acres generally
03/19/03 bound by Park Paseo, 9th Street, Franklin Avenue and 5th Place as a
historic district (John S. Park). The Planning Commission and staff
recommended approval.

Most Recent Change of Ownership


06/05/17 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


No relevant business licenses or building permits

Pre-Application Meeting
Staff completed a preapplication meeting with the applicant, reviewing
07/25/17
the requirements and submittal checklist for a Special Use Permit.

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

Field Check
Staff completed a routine site visit, noting a well maintained single
08/03/17
family dwelling.

Details of Application Request


Site Area
Net Acres 0.22

PB
SUP-71312 [PRJ-71276]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family L (Low Density R-1 (Single Family
Property Dwelling Residential) Residential)
Single Family L (Low Density R-1 (Single Family
North
Dwelling Residential) Residential)
R-1 (Single Family
South Undeveloped PF (Public Facilities)
Residential)
Single Family L (Low Density R-1 (Single Family
East
Dwelling Residential) Residential)
Single Family L (Low Density R-1 (Single Family
West
Dwelling Residential) Residential)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
HD-O (Historic Designation Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Franklin Avenue Local Street Title 13 60 Y

Waivers
Requirement Request Staff Recommendation
A Short-Term Residential To allow a Short-
Rental use may not be Term Residential
located closer than 660 feet Rental use to be 180
to any other Short-Term feet from an existing Denial
Residential Rental use Short-Term
(measured property line to Residential Rental
property line). use.

PB
SUP-71312



CLV Planning - Application Form
Application Number: PRJ-71276

Application/Petition For: PRJ-71276 - SUP

ProjectAddress (Location): 809 FRANKLIN AVE

Project Name SHORT-TERM RENTAL 809 FRANKLIN AVE

Assessors Parcel #(s): 16203515053

Ward #: WARD 3 (BOB COFFIN)

Is the Application Information Yes


Correct:
If no, ...change what

General Plan Designation: Proposed: L

Zoning District: Proposed: R-1 - Single Family Residential

Gross Acres: N/A

Lots/Units: 1

Additional Information: This is for Short term rentals. No construction is needed for this project

Applicant First Name: ISAAC

Applicant Last Name: MIZRAHI

Applicant Address: 8113 SUNSET COVE DRIVE

Applicant City: LAS VEGAS

Applicant State: NEVADA

Applicant Zip: 89128

Applicant Phone: 8189331212

Applicant Fax: N/A

Applicant Email: ISAAC2454@GMAIL.COM

Rep First Name: ISAAC

Rep Last Name: MIZRAHI

Rep Address: 8113 SUNSET COVE DRIVE

Rep City: LAS VEGAS

Rep State: NEVADA

Rep Zip: 89128

Rep Phone: 8189331212

Rep Fax: N/A

Rep Email: ISAAC2454@GMAIL.COM

SUP-71312
8/1/2017 4:32:31 PM Page 1 of 2
CLV Planning - Application Form
I certify that I am the applicant and Yes
that the information submitted with
this application is true and accurate
to the best of my knowledge and
belief. I understand that the City is
not responsible for inaccuracies in
information presented, and that
inaccuracies, false information or
incomplete application may cause
the application to be rejected. I
further certify that I am the owner
or purchaser (or option holder) of
the property involved in this
application, or the lessee or agent
fully authorized by the owner to
make this submission.
I Accept:
Is the Owner Information Correct: No

If no, ...change what THE OWNER INFORMATION: SIVAN LLC ADDRESS HAS CHANGED. THE NEW ADDRESS IS 8113 SUNSET
COVE DRIVE, LAS VEGAS NEVADA 89128

Owner(s) ADDR1 ADDR2


SIVAN L L C 12305 MIRANDA ST VALLEY VILLAGE, CA 91607

CLVEPLAN Applicant Company Title Email


Isaac Mizrahi N/A OWNER Isaac2454@gmail.com

SUP-71312

8/1/2017 4:32:31 PM Page 2 of 2


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SUP-71312
SUP-71312 [PRJ-71276] - SPECIAL USE PERMIT - APPLICANT/OWNER: SIVAN, LLC
809 FRANKLIN AVENUE
08/03/2017

SUP-71312
Agenda Item No.: 75.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-71313 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
SHEMOT TEVET, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED SHORT-TERM RESIDENTIAL RENTAL USE at 720 Starks Drive (APN 139-30-
711-093), R-1 (Single Family Residential) Zone, Ward 5 (Barlow) [PRJ-71274]. Staff
recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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-71313 [PRJ-71274]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: SHEMOT TEVET, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71313 Staff recommends APPROVAL, subject to conditions: N/A

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 17

NOTICES MAILED 318

PROTESTS 0

APPROVALS 0

SS
SUP-71313 [PRJ-71274]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71313 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Short-
Term Residential Rental use.

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

3. The use shall not include the rental or occupancy of an accessory structure (Class
I or II), a tent, a trailer or a mobile unit.

4. Prior to the issuance of a Short-Term Residential Rental business license, the


Department of Planning - Code Enforcement Division must approve an inspection
of the subject property.

5. All necessary business licenses shall be obtained in compliance with Title 6 prior to
any rental activities.

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, as well as submitted as part of any business license
application.

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

SS
SUP-71313 [PRJ-71274]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to operate a Short-Term Residential Rental use within the
existing single-family dwelling at 720 Starks Drive.

ISSUES

Pursuant to Title 19.12, a Short-Term Residential Rental use is permitted in the R-1
(Single Family Residential) zoning district as a Conditional Use.
The applicant will not comply with the owner occupied requirements and bedroom
limitations of the conditional use regulations and therefore per Title 19.12.040 a
Special Use Permit is required.
The applicant received planning approval through Conditional Use Verification
(CUV-67667 issued on 11/08/16 and CUV-69070 issued on 04/10/17). However, a
business license for a short-term residential rental was not issued.
The applicant is required to schedule an inspection through the Department of
Planning - Code Enforcement Division. The inspection must be approved prior to
the issuance of the business license.

ANALYSIS

The subject property contains a single-family dwelling, is zoned R-1 (Single Family
Residential) and is subject to Title 19 requirements. The dwelling contains four
bedrooms per the Clark County Assessors records. The site is also developed with a
permitted detached accessory structure. The Short-Term Residential Rental definition
specifically prohibits the rental or occupancy of an accessory structure (Class I or II), a
tent, a trailer or a mobile unit. Staff has included a recommended condition that
includes that restriction.

A Short-Term Residential Rental use is permitted in the R-1 (Single Family Residential)
zoning district as a Conditional Use. The proposed use would not meet the Conditional
Use Regulations requiring it to be owner occupied during each period the unit is rented
and is a home with more than three bedrooms; therefore, per Title 19.12.040 a Special
Use Permit is required for the use.

The Short-Term Residential Rental use is defined as The commercial use, or the
making available for commercial use, of a residential dwelling unit for dwelling, lodging
or sleeping purposes, wherein any individual guest rents or occupies the entire dwelling

SS
SUP-71313 [PRJ-71274]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

unit or one or more individual rooms within the unit for a period of less than 31
consecutive calendar days. This use does not include a Community Residence,
Facility for Transitional Living for Released Offenders, or any other facility with
dwelling units that is specifically defined in Chapter 19.18. For purposes of this Title, this
use does not include the rental or occupancy of an accessory structure (Class I or II), a
tent, a trailer or a mobile unit. In the case of a single parcel containing more than one
dwelling unit, each dwelling unit constitutes a separate short-term residential rental
use. Per the applicants justification letter date stamped on 08/01/17, the use will not
be owner occupied, and the owner intends to rent out four bedrooms for periods of less
than 31 days. The dwelling would not be used as a Community Residence or other type
of group home. According to the applicant, exit signs, fire extinguishers, smoke alarms
and carbon monoxide alarms are all installed. In addition, the pool area has been
secured.

The Minimum Special Use Permit Requirements for this use include: (The requirements
marked with an asterisk cannot be waived.)

*1. The operator must obtain a business license to operate the use.

If this Special Use Permit is approved, the applicant will be required to obtain a
business license prior to operating.

*2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*3. The use must comply with the Citys noise regulations as they apply to residential
uses, as well as any applicable provisions of the Municipal Code that may pertain
to odor nuisances.

The Code Enforcement Division will investigate noise and odor nuisance
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or
access to other properties in the area.

SS
SUP-71313 [PRJ-71274]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

The Code Enforcement Division will investigate traffic and access obstruction
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*5. In addition to and independent of any enforcement authority or remedy described


in this Title, the failure to comply with a Minimum Special Use Permit
Requirement or other condition of approval associated with this use may be
enforced as in the case of a violation of Title 6 by means of a civil proceeding
pursuant to LVMC 6.02.400 to 6.02.460, inclusive.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*6. The use is allowed in the P-O, O, C-1, C-2 and C-PB Zoning Districts only in
connection with the residential component of a mixed-use development or in a
dwelling unit permitted as a legal nonconforming use.

This condition does not apply, as the subject site is not zoned P-O, O, C-1, C-2
or C-PB.

*7. The maximum occupancy of the residential dwelling unit shall not exceed the
limits provided for in LVMC 6.75.090.

The Code Enforcement Division will investigate maximum occupancy allegations


and take enforcement action when appropriate. Reports of violations will be
forwarded to the Business Licensing Division for action when appropriate.

8. The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).

The proposed use meets this requirement, as the subject property is 960 feet
from the nearest Short-Term Residential Rental use.

The applicant received two planning approvals through a Conditional Use Verification
(CUV-67667, issued on 11/08/16 and CUV-69070 issued on 04/10/17). However, no
business license to conduct the use was issued. The property is located within a single-
family residential subdivision. The floor plan indicates the dwelling contains one story,
four bedrooms and 2,037 square feet. The dwelling conforms to all R-1 (Single Family
Residential) setbacks. The lot is approximately 960 feet from the nearest Short-Term
Residential Rental use. No waivers or variances are required as a result of this request.

Additional parking for a Short-Term Residential Rental is only required if the unit has
more than five bedrooms, at which point one additional space shall be required for

SS
SUP-71313 [PRJ-71274]
every two additional bedrooms or fractional portion thereof. The proposed Short-Term
Residential Rental has four bedrooms and therefore is not required to provide additional
parking.

The proposed use can be conducted in a manner that is harmonious and compatible
with the adjacent residential land uses. The use is in conformance with all minimum
Special Use Permit Requirements for the Short-Term Residential Rental use, including
the distance separation requirement from existing similar uses. Staff therefore
recommends approval with conditions. If denied, a business license to conduct the use
cannot be issued.

FINDINGS (SUP-71248)

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 Short-Term Residential Rental use can be conducted in a manner


that is harmonious and compatible with the existing surrounding land uses. The
subject property is located more than 660 feet from another Short-Term
Residential Use.

2. The subject site is physically suitable for the type and intensity of land use
proposed.

The subject site is physically suitable for the use as a Short-Term Residential
Rental.

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 Short-Term Residential Rental use will be accessed from Starks
Drive, a 51-foot wide local street, which will provide adequate access for the
proposed use.

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

The approval of the Special Use Permit on this subject property will be subject to
conditions of approval, business license approval, and compliance inspections to
assure it will not compromise the public health safety and welfare.

5. The use meets all of the applicable conditions per Title 19.12.

SS
SUP-71313 [PRJ-71274]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

The proposed Short-Term Residential Rental use complies with all of the Special
Use Permit requirements listed in Title 19.12.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


Department of Planning staff approved a Conditional Use Verification
11/08/16 (CUV-67667) for a Short-Term Residential use at 720 Starks Drive. A
business license has not been issued for short-term rental.
Department of Planning staff approved a Conditional Use Verification
04/10/17 (CUV-69070) for a Short-Term Residential use at 720 Starks Drive. A
business license has not been issued for short-term rental.
Department of Planning staff denied a Conditional Use Verification
06/26/17 (CUV-70853) for a Short-Term Residential use at 720 Starks Drive. A
business license has not been issued for short-term rental.

Most Recent Change of Ownership


11/29/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


1965 A single-family dwelling was constructed at 720 Starks Drive.
A building permit (101220) was issued for a 192 square-foot accessory
11/01/07 structure (shed) at 720 Starks Drive. A final inspection was completed
11/09/07.
A building permit (154530) was issued for an existing patio cover at
01/12/10
720 Starks Drive. A final inspection was completed 01/27/10.

Pre-Application Meeting
Staff reviewed the minimum requirements for the Short-Term
07/25/17
Residential Rental use and application for Special Use Permit.

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

SS
SUP-71313 [PRJ-71274]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

Field Check
The site contains an existing single-family dwelling in a residential
08/03/17
neighborhood.

Details of Application Request


Site Area
Net Acres 0.18

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family, L (Low Density R-1 (Single Family
Property Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
North
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
South
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
East
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
West
Detached Residential) Residential)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District (105 Feet) Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification
N/A
Assessment)
Project of Regional Significance N/A

SS
SUP-71313 [PRJ-71274]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to Title 19.06, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size 6,500 SF 7,811 SF Y
Min. Lot Width 60 Feet 63 Feet Y
Min. Setbacks
Front 20 Feet 22 Feet Y
Side 5 Feet 6 Feet Y
Rear 15 Feet 32 Feet Y

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Starks Drive Local Street Title 13 51 N/A

SS
SUP-71313



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SUP-71313
SUP-71313 [PRJ-71274] - SPECIAL USE PERMIT - APPLICANT/OWNER: SHEMOT TEVET, LLC
720 STARKS DRIVE
08/03/2017

SUP-71313

SUP-71313
Agenda Item No.: 76.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-71315 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
SHEMOT TEVET, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED SHORT-TERM RESIDENTIAL RENTAL USE at 4300 Sawyer Avenue (APN
139-19-215-115), R-1 (Single Family Residential) Zone, Ward 5 (Barlow) [PRJ-71271]. Staff
recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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-71315 [PRJ-71271]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: SHEMOT TEVET, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71315 Staff recommends APPROVAL, subject to conditions: N/A

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 10

NOTICES MAILED 659

PROTESTS 0

APPROVALS 0

SS
SUP-71315 [PRJ-71271]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71315 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Short-
Term Residential Rental use.

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

3. The use shall not include the rental or occupancy of an accessory structure (Class
I or II), a tent, a trailer or a mobile unit.

4. Prior to the issuance of a Short-Term Residential Rental business license, the


Department of Planning - Code Enforcement Division must approve an inspection
of the subject property.

5. All necessary business licenses shall be obtained in compliance with Title 6 prior to
any rental activities.

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, as well as submitted as part of any business license
application.

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

SS
SUP-71315 [PRJ-71271]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to operate a Short-Term Residential Rental use within the
existing single-family dwelling at 4300 Sawyer Avenue.

ISSUES

Pursuant to Title 19.12, a Short-Term Residential Rental use is permitted in the R-1
(Single Family Residential) zoning district as a Conditional Use.
The applicant will not comply with the owner occupied requirements and bedroom
limitations of the conditional use regulations, and therefore per Title 19.12.040 a
Special Use Permit is required.
The applicant received planning approval through a Conditional Use Verification
(CUV-64283), issued on 04/18/16. However, a business license application for a
short-term residential rental was denied on 08/29/16.
The applicant is required to schedule an inspection through the Department of
Planning - Code Enforcement Division. The inspection must be approved prior to
the issuance of the business license.

ANALYSIS

The subject property contains a single-family dwelling, is zoned R-1 (Single Family
Residential) and is subject to Title 19 requirements. The dwelling contains four
bedrooms per the Clark County Assessors records. The site also contains an attached
garage that does not have interior access to the dwelling. The Short-Term Residential
Rental definition specifically prohibits the rental or occupancy of an accessory structure
(Class I or II), a tent, a trailer or a mobile unit. Staff has included a recommended
condition that includes that restriction.

A Short-Term Residential Rental use is permitted in the R-1 (Single Family Residential)
zoning district as a Conditional Use. The proposed use would not meet the Conditional
Use Regulations requiring it to be owner occupied during each period the unit is rented
and is a home with more than three bedrooms; therefore, per Title 19.12.040 a Special
Use Permit is required for the use.

The Short-Term Residential Rental use is defined as The commercial use, or the
making available for commercial use, of a residential dwelling unit for dwelling, lodging
or sleeping purposes, wherein any individual guest rents or occupies the entire dwelling

SS
SUP-71315 [PRJ-71271]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

unit or one or more individual rooms within the unit for a period of less than 31
consecutive calendar days. This use does not include a Community Residence,
Facility for Transitional Living for Released Offenders, or any other facility with dwelling
units that is specifically defined in Chapter 19.18. For purposes of this Title, this use
does not include the rental or occupancy of an accessory structure (Class I or II), a tent,
a trailer or a mobile unit. In the case of a single parcel containing more than one
dwelling unit, each dwelling unit constitutes a separate short-term residential rental
use. Per the applicants justification letter date stamped on 08/01/17, the use will not
be owner occupied, and the owner intends to rent out four bedrooms for periods of less
than 31 days. The dwelling would not be used as a Community Residence or other type
of group home. According to the applicant, exit signs, fire extinguishers, smoke alarms
and carbon monoxide alarms are all installed. In addition, the pool area has been
secured.

The Minimum Special Use Permit Requirements for this use include: (The requirements
marked with an asterisk cannot be waived.)

*1. The operator must obtain a business license to operate the use.

If this Special Use Permit is approved, the applicant will be required to obtain a
business license prior to operating.

*2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*3. The use must comply with the Citys noise regulations as they apply to residential
uses, as well as any applicable provisions of the Municipal Code that may pertain
to odor nuisances.

The Code Enforcement Division will investigate noise and odor nuisance
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or
access to other properties in the area.

SS
SUP-71315 [PRJ-71271]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

The Code Enforcement Division will investigate traffic and access obstruction
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*5. In addition to and independent of any enforcement authority or remedy described


in this Title, the failure to comply with a Minimum Special Use Permit
Requirement or other condition of approval associated with this use may be
enforced as in the case of a violation of Title 6 by means of a civil proceeding
pursuant to LVMC 6.02.400 to 6.02.460, inclusive.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*6. The use is allowed in the P-O, O, C-1, C-2 and C-PB Zoning Districts only in
connection with the residential component of a mixed-use development or in a
dwelling unit permitted as a legal nonconforming use.

This condition does not apply, as the subject site is not zoned P-O, O, C-1, C-2
or C-PB.

*7. The maximum occupancy of the residential dwelling unit shall not exceed the
limits provided for in LVMC 6.75.090.

The Code Enforcement Division will investigate maximum occupancy allegations


and take enforcement action when appropriate. Reports of violations will be
forwarded to the Business Licensing Division for action when appropriate.

8. The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).

The proposed use meets this requirement, as the subject property is 3,845 feet
from the nearest Short-Term Residential Rental use.

The applicant received planning approval through a Conditional Use Verification (CUV-
64283, issued on 04/18/16). However, a business license to conduct the use was
denied as a result of failure to pass a fire inspection and the applicant has not yet refiled
for a license. The property is located within a single-family residential subdivision. The
floor plan indicates the dwelling contains one story, four bedrooms and 1,308 square
feet. The property is legally nonconforming with respect to lot size; however, the
dwelling conforms to all R-1 (Single Family Residential) setbacks. The lot is
approximately 3,845 feet from the nearest Short-Term Residential Rental use.

SS
SUP-71315 [PRJ-71271]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

Additional parking for a Short-Term Residential Rental is only required if the unit has
more than five bedrooms, at which point one additional space shall be required for
every two additional bedrooms or fractional portion thereof. The proposed Short-Term
Residential Rental has four bedrooms and therefore is not required to provide additional
parking.

The proposed use can be conducted in a manner that is harmonious and compatible
with the adjacent residential land uses. The use is in conformance with all minimum
Special Use Permit Requirements for the Short-Term Residential Rental use, including
the distance separation requirement from existing similar uses. Staff therefore
recommends approval with conditions. If denied, a business license to conduct the use
cannot be issued.

FINDINGS (SUP-71248)

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 Short-Term Residential Rental use can be conducted in a manner


that is harmonious and compatible with the existing surrounding land uses. The
subject property is located more than 660 feet from another Short-Term
Residential Use.

2. The subject site is physically suitable for the type and intensity of land use
proposed.

The subject site is physically suitable for the use as a Short-Term Residential
Rental.

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 Short-Term Residential Rental use will be accessed from Sawyer
Avenue, a 51-foot wide local street, which will provide adequate access for 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.

SS
SUP-71315 [PRJ-71271]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

The approval of the Special Use Permit on this subject property will be subject to
conditions of approval, business license approval, and compliance inspections to
assure it will not compromise the public health safety and welfare.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Short-Term Residential Rental use complies with all of the Special
Use Permit requirements listed in Title 19.12.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc.


Department of Planning staff approved a Conditional Use Verification
04/18/16 (CUV-64283) for a Short-Term Residential use at 4300 Sawyer
Avenue. A business license has not been issued for short-term rental.
Code Enforcement opened a Case (169741) for code violations
08/17/16 observed during a business license inspection at 4300 Sawyer
Avenue. The case was closed by Code Enforcement on 08/18/16.

Most Recent Change of Ownership


08/31/15 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A single-family residential dwelling was constructed at 4300 Sawyer
1964
Avenue.
An application for business license (G64-05145) for a four-bedroom
short-term rental at 4300 Sawyer Avenue was processed by
07/12/16
Department of Planning staff. The application was denied on
08/29/16.

Pre-Application Meeting
A pre-application meeting was held with the applicant to review
07/25/17 submittal requirements for a Special Use Permit application. No major
issues relating to this property were discussed.

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

SS
SUP-71315 [PRJ-71271]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

Field Check
The site contains a single-family dwelling in a residential
08/03/17
neighborhood.

Details of Application Request


Site Area
Net Acres 0.14

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family, L (Low Density R-1 (Single Family
Property Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
North
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
South
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
East
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
West
Detached Residential) Residential)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District (70 Feet) Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification
N/A
Assessment)
Project of Regional Significance N/A

SS
SUP-71315 [PRJ-71271]
Staff Report Page Seven
September 12, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to Title 19.06, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size 6,500 SF 6,000 SF N*
Min. Lot Width 60 Feet 60 Feet Y
Min. Setbacks
Front 20 Feet 27 Feet Y
Side 5 Feet 8 Feet Y
Rear 15 Feet 29 Feet Y
*The property is legally nonconforming with respect to lot size.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Sawyer Avenue Local Street Title 13 51 N/A

SS
SUP-71315



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SUP-71315 [PRJ-71271] - SPECIAL USE PERMIT - APPLICANT/OWNER: SHEMOT TEVET, LLC
4300 SAWYER AVENUE
08/03/2017
SUP-71315 [PRJ-71271] - SPECIAL USE PERMIT - APPLICANT/OWNER: SHEMOT TEVET, LLC
4300 SAWYER AVENUE
08/03/2017

SUP-71315

SUP-71315
Agenda Item No.: 77.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-71316 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: SIVAN,
LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED SHORT-
TERM RESIDENTIAL RENTAL USE at 5616 Pinecone Place (APN 138-24-411-013), R-1
(Single Family Residential) Zone, Ward 5 (Barlow) [PRJ-71270]. Staff recommends
APPROVAL.

MAY GO TO CITY COUNCIL ON 10/18/2017


OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

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-71316 [PRJ-71270]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: SIVAN, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71316 Staff recommends APPROVAL, subject to conditions: N/A

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 14

NOTICES MAILED 301

PROTESTS 0

APPROVALS 0

SS
SUP-71316 [PRJ-71270]
Conditions Page One
September 12, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71316 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Short-
Term Residential Rental use.

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

3. The use shall not include the rental or occupancy of an accessory structure (Class
I or II), a tent, a trailer or a mobile unit.

4. Prior to the issuance of a Short-Term Residential Rental business license, the


Department of Planning - Code Enforcement Division must approve an inspection
of the subject property.

5. All necessary business licenses shall be obtained in compliance with Title 6 prior to
any rental activities.

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, as well as submitted as part of any business license
application.

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

SS
SUP-71316 [PRJ-71270]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to operate a Short-Term Residential Rental use within the
existing single-family dwelling at 5616 Pinecone Place.

ISSUES

Pursuant to Title 19.12, a Short-Term Residential Rental use is permitted in the R-1
(Single Family Residential) zoning district as a Conditional Use.
The applicant will not comply with the owner occupancy requirements and bedroom
limitations of the conditional use regulations and per Title 19.12.040 must receive
approval of a Special Use Permit in order to obtain a business license to operate a
short-term residential rental.
The applicant received planning approval twice through a Conditional Use
Verification (CUV-67362, issued on 10/20/16 and CUV-69069, issued on 04/10/17).
However, a business license to conduct the use has not been issued.
The applicant is required to schedule an inspection through the Department of
Planning Code Enforcement Division. The inspection must be approved prior to
the issuance of the business license.

ANALYSIS

The subject property contains a single-family dwelling, is zoned R-1 (Single Family
Residential) and is subject to Title 19 requirements. The dwelling contains three
bedrooms and two bathrooms per Clark County Assessor records. The site also
contains a detached accessory structure of approximately 150 square feet, for which no
permit is required. The Short-Term Residential Rental definition specifically prohibits
the rental or occupancy of an accessory structure (Class I or II), a tent, a trailer or a
mobile unit. Staff has included a recommended condition that includes that restriction.

A Short-Term Residential Rental use is permitted in the R-1 (Single Family Residential)
zoning district as a Conditional Use. The proposed use does not meet the Conditional
Use Regulations requiring it to be owner occupied during each period the unit is rented;
therefore, per Title 19.12.040(B) a Special Use Permit is required for the use.

The Short-Term Residential Rental use is defined as The commercial use, or the
making available for commercial use, of a residential dwelling unit for dwelling, lodging
or sleeping purposes, wherein any individual guest rents or occupies the entire dwelling

SS
SUP-71316 [PRJ-71270]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

unit or one or more individual rooms within the unit for a period of less than 31
consecutive calendar days. This use does not include a Community Residence,
Facility for Transitional Living for Released Offenders, or any other facility with
dwelling units that is specifically defined in Chapter 19.18. For purposes of this Title, this
use does not include the rental or occupancy of an accessory structure (Class I or II), a
tent, a trailer or a mobile unit. In the case of a single parcel containing more than one
dwelling unit, each dwelling unit constitutes a separate short-term residential rental
use. Per the applicants justification letter date stamped on 08/01/17, the
applicant/owner is requesting to rent out the entire dwelling for periods of less than 31
days. The dwelling would not be used as a Community Residence or other type of
group home. The dwelling contains three bedrooms and two bathrooms. According to
the applicant, exit signs, fire extinguishers, smoke alarms and carbon monoxide alarms
are all installed. In addition, the pool area has been secured.

The Minimum Special Use Permit Requirements for this use include: (The requirements
marked with an asterisk cannot be waived.)

*1. The operator must obtain a business license to operate the use.

If this Special Use Permit is approved, the applicant will be required to obtain a
business license prior to operating.

*2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*3. The use must comply with the Citys noise regulations as they apply to residential
uses, as well as any applicable provisions of the Municipal Code that may pertain
to odor nuisances.

The Code Enforcement Division will investigate noise and odor nuisance
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or
access to other properties in the area.

SS
SUP-71316 [PRJ-71270]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

The Code Enforcement Division will investigate traffic and access obstruction
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*5. In addition to and independent of any enforcement authority or remedy described


in this Title, the failure to comply with a Minimum Special Use Permit
Requirement or other condition of approval associated with this use may be
enforced as in the case of a violation of Title 6 by means of a civil proceeding
pursuant to LVMC 6.02.400 to 6.02.460, inclusive.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*6. The use is allowed in the P-O, O, C-1, C-2 and C-PB Zoning Districts only in
connection with the residential component of a mixed-use development or in a
dwelling unit permitted as a legal nonconforming use.

This condition does not apply, as the subject site is not zoned P-O, O, C-1, C-2
or C-PB.

*7. The maximum occupancy of the residential dwelling unit shall not exceed the
limits provided for in LVMC 6.75.090.

The Code Enforcement Division will investigate maximum occupancy allegations


and take enforcement action when appropriate. Reports of violations will be
forwarded to the Business Licensing Division for action when appropriate.

8. The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).

The proposed use meets this requirement, as the subject property is 1,010 feet
from the nearest Short-Term Residential Rental use.

The applicant received planning approval twice through a Conditional Use Verification
(CUV-67362, issued on 10/20/16 and CUV-69069, issued on 04/10/17). However, a
business license to conduct the use has not been issued. These approvals were made
prior to Ordinance 6585, which requires the dwelling to be owner occupied in order to
be conditionally approved. As noted above, the dwelling is not intended to be owner-
occupied, contains three bedrooms and is located approximately 1,010 feet from the
nearest existing Short-Term Residential Rental use.

SS
SUP-71316 [PRJ-71270]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

Additional parking for a Short-Term Residential Rental is only required if the unit has
more than five bedrooms, at which point one additional space shall be required for
every two additional bedrooms or fractional portion thereof. The proposed Short-Term
Residential Rental has three bedrooms and therefore is not required to provide
additional parking.

Per Title 19.18.010, this request qualifies as a Project of Regional Significance, given
that it is a Special Use Permit application concerning property located within 500 feet of
the boundary of unincorporated Clark County. Pursuant to Title 19.16.010(F), the
Department of Planning must refer the proposal and an impact statement to the affected
agencies. Staff has not received any comments from these agencies regarding the
Special Use Permit request.

The proposed use can be conducted in a manner that is harmonious and compatible
with the adjacent residential land uses. It is in conformance with all minimum Special
Use Permit Requirements for the Short-Term Residential Rental use, including the
distance separation requirement from existing similar uses. Staff therefore
recommends approval with conditions. If denied, a business license to conduct the use
cannot be issued.

FINDINGS (SUP-71248)

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 Short-Term Residential Rental use can be conducted in a manner


that is harmonious and compatible with the existing surrounding land uses. The
subject property is located more than 660 feet from another Short-Term
Residential Use.

2. The subject site is physically suitable for the type and intensity of land use
proposed.

The subject site is physically suitable for the use as a Short-Term Residential
Rental.

3. Street or highway facilities providing access to the property are or will be


adequate in size to meet the requirements of the proposed use.

SS
SUP-71316 [PRJ-71270]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

The proposed Short-Term Residential Rental use will be accessed from Pinecone
Place, a 51-foot wide local street, which will provide adequate access for the
proposed use.

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

The approval of the Special Use Permit on this subject property will be subject to
conditions of approval, business license approval, and compliance inspections to
assure it will not compromise the public health safety and welfare.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Short-Term Residential Rental use is in conformance with all of the
Special Use Permit requirements listed in Title 19.12.

BACKGROUND INFORMATION

Related Relevant City Actions by Planning, Fire, Bldg., etc


Department of Planning staff approved a Conditional Use Verification
10/20/16 (CUV-67362) for a Short-Term Residential use at 5616 Pinecone
Place. A business license has not been issued for short-term rental.
Department of Planning staff approved a Conditional Use Verification
04/10/17 (CUV-69069) for a Short-Term Residential use at 5616 Pinecone
Place. A business license has not been issued for short-term rental.
Code Enforcement processed a Case (181540) to investigate whether
the dwelling at 5616 Pinecone Place is being used as a short-term
08/09/17
rental without an approved Special Use Permit. The case remains
open as of 08/16/17 and no official action has been effected.

Most Recent Change of Ownership


11/29/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


The single-family dwelling was constructed in 1973. There are no building permits or
business licenses relevant to this request.

SS
SUP-71316 [PRJ-71270]
Staff Report Page Six
September 12, 2017 - Planning Commission Meeting

Pre-Application Meeting
Staff reviewed the minimum requirements for the Short-Term
07/25/17
Residential Rental use and application for Special Use Permit.

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

Field Check
The site contains an existing single-family dwelling in a residential
08/03/17 neighborhood. Planning observed persons possibly using the dwelling
as a rental and forwarded this information to Code Enforcement.

Details of Application Request


Site Area
Net Acres 0.16

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family, L (Low Density R-1 (Single Family
Property Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
North
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
South
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
East
Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
West
Detached Residential) Residential)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District (105 Feet) Y

SS
SUP-71316 [PRJ-71270]
Staff Report Page Seven
September 12, 2017 - Planning Commission Meeting

Other Plans or Special Requirements Compliance


Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification
N/A
Assessment)
Project of Regional Significance Y

DEVELOPMENT STANDARDS

Pursuant to Title 19.06, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size 6,500 SF 6,900 SF Y
Min. Lot Width 60 Feet 69 Feet Y
Min. Setbacks
Front 20 Feet 26 Feet Y
Side 5 Feet 5 Feet Y
Rear 20 Feet 20 Feet Y

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Pinecone Place Local Street Title 13 51 N/A

SS
SUP-71316



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SUP-71316

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SUP-71316
SUP-71316 [PRJ-71270] - SPECIAL USE PERMIT - APPLICANT/OWNER: SIVAN, LLC
5616 PINECONE PLACE
08/03/2017

SUP-71316

SUP-71316
Agenda Item No.: 78.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
DIR-71278 - DIRECTOR''S BUSINESS - PUBLIC HEARING - APPLICANT/OWNER: CITY
OF LAS VEGAS - For possible action on a presentation of the Las Vegas 2020 Master Plan
annual report [PRJ-71277]. Staff has NO RECOMMENDATION.

C.C.: 10/18/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff has NO RECOMMENDATION

BACKUP DOCUMENTATION:
1. Staff Report
DIR-71278 [PRJ-71277]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
DIR-71278 Staff has NO RECOMMENDATION

FS
DIR-71278 [PRJ-71277]
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The following is an annual report on the Las Vegas 2020 Master Plan. Pursuant to
Nevada Revised Statutes (NRS) 278.190, the Planning Commission is required to
review the plan and its implementation progress annually.

The Las Vegas 2020 Master Plan is in compliance with NRS as all required components
of the plan have been addressed. Approximately 97% (539 out of 553) of all the Master
Plans goals, objectives, policies and actions have been either completed or are
ongoing.

For the Commissions information, the progress of the Citys four Walkable Community
Plans is also included with this report.

BACKGROUND INFORMATION

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


The Planning Commission approved Directors Business Item (DIR-
06/25/09
34586) for the 2009 Master Plan Implementation Report.
The City Council approved the Directors Business Item (DIR-38691)
07/21/10
for the 2010 Master Plan Implementation Report.
The City Council approved the Directors Business Item (DIR-41864)
08/17/11
for the 2011 Master Plan Implementation Report.
The Planning Commission approved Directors Business Item (DIR-
07/10/12
45477) for the 2012 Master Plan Implementation Report.
The Planning Commission approved Directors Business Item (DIR-
07/09/13
49378) for the 2013 Master Plan Implementation Report.
The Planning Commission approved Directors Business Item (DIR-
06/10/14
53876) for the 2014 Master Plan Implementation Report.
The Planning Commission approved Directors Business Item (DIR-
08/11/15
60107) for the 2015 Master Plan Implementation Report.

FS
DIR-71278 [PRJ-71277]
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

ANALYSIS

2020 Master Plan Policy Document

The Nevada Revised Statutes require the preparation and adoption of a


comprehensive, long-term general plan to guide the physical development of the city. In
2000, the city of Las Vegas adopted the 2020 Master Plan Policy Document. This
document is a broad policy guide intended to assist decision making for a number of
different subject areas through the year 2020. Within this policy document, a number of
elements provide policy direction for specific subject areas as mandated by state law.
Pursuant to NRS 278.190, the Planning Commission is required to review the plan and
its implementation progress annually.

2020 Master Plan Policy Document Status

The fiscal year 2016-17 review indicates that the 2020 Master Plan Policy Document is
100% implemented. Fiscal year 2016-17 analysis indicates that the overall number of
completed items increased from 45 (24%) to 51 (27%), and ongoing items were
correspondingly reduced from 144 (76%) to 138 (73%).

2020 Policy Complete Not Complete Ongoing Total


Document Goals,
Objectives and
Polices
FY 2016/17 51 (27%) 0 (0%) 138 (73%) 189
FY 2014/15 45 (24%) 0 (0%) 144 (76%) 189

The 2020 Master Plan is nearing the end of its life cycle, and some of the ongoing items
are perpetual and will not achieve a completed status. With the development of the
upcoming citywide master plan, staff will seek to reduce or consolidate the number of
goals, objectives and policies and move toward measurable achievements that can
better provide direction and guidance to the City in the future.

Preliminary preparations for the development of a new citywide master plan has begun,
and it is expected that the new master plan effort will commence in early 2018. The
completion date for the new master plan document is anticipated by the summer of
2019.

FS
DIR-71278 [PRJ-71277]
Staff Report Page Three
September 12, 2017 - Planning Commission Meeting

2020 Master Plan Elements

In counties with a population of 700,000 or more, state law requires the master plan to
address eight different subject areas, and they are identified within the document as
elements. The City has been in compliance with this requirement since 2009. The
chart below highlights the existing elements, the number of policy recommendations,
and the most recent date of adoption or update.

Name Date of Adoption or Most Policies or Recommendations


Recent Update
Community Design
08/06/08 33
Element
Conservation
05/02/12 59
Element
Historical Properties
& Neighborhood
08/04/10 26
Preservation Plan
Element
Housing Element 03/20/13 39
Land Use & Rural
Preservation Plan 09/02/09 N/A
Element
Parks & Recreation
11/20/13 20
Element
2020 Master Plan
09/06/00 189
Policy Document
Population Element 02/17/10 5
Public Services &
06/18/14 66
Facilities Element
Safety & Seismic
08/04/10 19
Safety Element
Transit Element 02/20/08 34
Transportation
Streets & Highways 04/15/09 44
Element
Trails Element 02/20/13 21

At the 2013 Nevada State Legislature, Senate Bill 55 was passed which reduced the
number of master plan elements required by the Nevada Revised Statues from 18 to
eight. It was anticipated that the current number of existing elements would continue to
be consolidated as they were updated; however, at this late stage of the 2020 Master
Plans life cycle, no additional element updates are planned until the development of the
upcoming citywide master plan.

FS
DIR-71278 [PRJ-71277]
Staff Report Page Four
September 12, 2017 - Planning Commission Meeting

Master Plan Element Status

Fiscal year 2016-17 analysis indicates that the overall number of completed items
increased from 59 (16%) to 76 (21%), which can be primarily attributed to the adoption
of the Vision 2045 Downtown Master Plan and the City of Las Vegas Mobility Master
Plan, as well as the completion of several sustainably related policy goals. Non-
completed items have remained the same at 14 (4%).

The remainder of the element goals, objectives, policies, and actions are those that are
currently on-going but have not been completed. This number has decreased from 291
(80%) to 274 (75%). As with the 2020 Master Plan Policy Document, many of the
ongoing items are perpetual, and will not achieve a completed status.

Element Goals, Complete Not Compete Ongoing Total


Objectives, Policies,
and Actions
FY 2016/17 76 (21%) 14 (4%) 274 (75%) 364
FY 2014/15 59 (16%) 14 (4%) 291 (80%) 364

Walkable Community Plans

A walkable community allows residents to socialize and access community amenities


needed to conduct daily activities within a 10-minute walking distance. Based on a
study of neighborhoods with the greatest potential to become self-sustained walkable
communities and direction from the Citys 2020 Master Plan, four neighborhoods were
identified with the goal of recommending improvements that allow residents to easily
walk to community assets. The improvements seek to offset an over-reliance on
automotive-based travel by providing alternative modes of transportation such as
walking, bicycling and mass transit.

The four adopted neighborhood plans include the Sahara West Walkable Community
Plan, the Meadows Walkable Community Plan, the West Las Vegas Walkable
Community Plan, and the Rafael Rivera Walkable Community Plan.

FS
DIR-71278 [PRJ-71277]
Staff Report Page Five
September 12, 2017 - Planning Commission Meeting

Walkable Community Complete Not Ongoing


Number of Plan
Plan Compete
Recommendations
Meadows Walkable
47 3 (6%) 34 (72%) 10 (21%)
Community Plan
Historic West Las
Vegas Walkable 47 2 (4%) 28 (60%) 17 (36%)
Community Plan
Sahara West
Walkable Community 44 0 34 (77%) 10 (23%)
Plan
Rafael Rivera
Walkable Community 57 2 (3%) 35 (62%) 20 (35%)
Plan

Walkable Community Plan - Current Projects

In the past year, the Department of Public Works has initiated a sidewalk infill project
that is currently in design (60%) for locations within the Rafael Rivera Walkable
Community Plan area. The boundaries for this project are US 95 to the north, Bruce
Street on the west, 25th Street on the east, and Charleston on the south. The project
will include the following improvements:

The addition of ADA compliant sidewalks and ramps in identified gap areas
Removal and replacement of cracked, uneven or unsafe sidewalks

Public Works has also initiated an improvement project that is currently in design (15%)
at the intersection of J Street and Doolittle Avenue within the West Last Vegas Walkable
Community Plan area. The project includes the following improvements:

Installation of new ADA ramps.


Installation of bulb outs at the intersection to reduce pedestrian crossing
distance.
Installation of bicycle lane markings.

FS
Agenda Item No.: 79.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
TXT-66412 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For possible action on a request to remove and replace the Downtown Centennial
Plan with the Interim Downtown Las Vegas Urban Form Standards and amend LVMC Title 19
as applicable, and to provide for other related matters. Staff recommends APPROVAL.

THIS ITEM WILL BE FORWARDED TO CITY COUNCIL IN ORDINANCE FORM

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL

BACKUP DOCUMENTATION:
1. Proposed Amendments and Staff Report
2. Exhibit A - Figure 1 - Vision 2045 Downtown Las Vegas Masterplan Districts Map
3. Exhibit B - Interim Downtown Las Vegas Urban Form Standards
4. Exhibit C - Figure 2 - Areas within the Downtown Las Vegas Overlay
TXT-66412

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** SUMMARY**

TXT-66412 (LVMC Title 19 Remove and Replace the DCP-O


(Downtown Centennial Plan Overlay District) with the updated DTLV-O
(Downtown Las Vegas Overlay District) and provide for other related
matters
Code Requirement Existing Regulation Proposed Regulation
Title Outlines the Overlay districts Removes the DCP-O Downtown
19.00.100(B)(4) established by the Title. Centennial Plan Overlay and replaces
with the updated DTLV-O
Downtown Las Vegas Overlay.
Title 19.06.040(J) Contains language exempting the Replaces reference to the DCP-O
automatic application of the Downtown Centennial Plan Overlay
residential development with the updated DTLV-O
standards, including the Downtown Las Vegas Overlay.
Residential Adjacency Setback.
Title 19.08.040(I) Contains language exempting the Replaces reference to the DCP-O
automatic application of the Downtown Centennial Plan Overlay
commercial development with the updated DTLV-O
standards, including the Downtown Las Vegas Overlay.
Residential Adjacency Setback.
Title Contains language exempting the Replaces reference to the DCP-O
19.08.110(D)(2) automatic application of the on- Downtown Centennial Plan Overlay
site loading standards for uses with the updated DTLV-O
that receive and distribute Downtown Las Vegas Overlay.
materials or merchandise by truck
within the DCP-O Downtown
Centennial Plan Overlay.
Title References the DCP-O Downtown Replaces reference to the DCP-O
19.08.120(H)(1)(a) Centennial Plan Overlay District Downtown Centennial Plan Overlay
as the applicable boundaries for with the updated DTLV-O
Supergraphic Signage. Downtown Las Vegas Overlay.

MH
TXT-66412
Summary Page Two
September 12, 2017 - Planning Commission Meeting

Title States the requirement that three Replaces reference to the DCP-O
19.10.100(D)(d) business owners located within Downtown Centennial Plan Overlay
the DCP-O Downtown Centennial with the updated DTLV-O
Plan Overlay District, and as Downtown Las Vegas Overlay.
appointed by the Mayor, sit on the
Downtown Design Review
Committee (DDRC).
Title 19.10.110 Outlines the Intent, the Design Removes reference to the
Standards, and Special Provisions Downtown Centennial Plan and
for the DCP-O Downtown replaces it with the updated Interim
Centennial Plan Overlay District. Downtown Las Vegas Urban Form
Standards, which encapsulates the
revised Intent, Downtown Design
Standards, and Special Provisions
for the expanded downtown Las
Vegas Master Plan Area.
Title 19.10.110 Contains Maps outlining the Replaces references to the DCP-O
Figure 1 extent of the DCP-O Downtown Downtown Centennial Plan Overlay
Centennial Plan Overlay District. and related maps with the updated
DTLV-O Downtown Las Vegas
Overlay and related maps.
Title 19.10.110 Provides a reference to the Replaces references to the
Figure 2 Centennial Plan. Downtown Centennial Plan with the
updated Interim Downtown Las
Vegas Urban Form Standards.
Title Contains language regarding the Removes this paragraph, as the
19.10.160(C)(1)(b) standards for signage located proposed boundary expansion of the
outside of the DCP-O Downtown updated Downtown Las Vegas
Centennial Plan Overlay District, Overlay District covers the length of
DC-O Downtown Casino Overlay the SB-O Scenic Byway Overlay
District or the DE-O Downtown District and makes this a moot
Entertainment Overlay District. point.
Title 19.12.070 Provides the descriptions and Replaces all references to the DCP-
applicable use regulations for all O Downtown Centennial Plan
uses, particularly: Liquor Overlay, where applicable, with the
Establishment; Night Club; updated DTLV-O Downtown Las
Senior Citizen Apartments; Vegas Overlay, the Interim
Sexually Oriented Business; and Downtown Las Vegas Urban Form
Urban Lounge. Standards, and the updated
downtown district names and
boundaries.

MH
TXT-66412
Summary Page Three
September 12, 2017 - Planning Commission Meeting

Title Provides language for Master Replaces reference to the DCP-O


19.16.270(D)(2)(a) Sign Plan conformance, to Downtown Centennial Plan Overlay
include such sign plans located with the updated DTLV-O
within the DCP-O Downtown Downtown Las Vegas Overlay.
Centennial Plan Overlay District.
Title 19.18.020 Provides the definitions to Replaces reference to the DCP-O
various planning and land use Downtown Centennial Plan Overlay
terms, particularly: Urban Core with the updated DTLV-O
Area. Downtown Las Vegas Overlay.
Title 6.50.020 Contains language defining the Replaces reference to the Downtown
Downtown Centennial Plan Centennial Plan Overlay District
Overlay District and its boundary with the updated Downtown Las
within the context of liquor Vegas Overlay District.
control.
Title References the Downtown Replaces reference to the Downtown
6.50.250(A)(2) Centennial Plan Overlay District Centennial Plan Overlay District
as one of the applicable with the updated Area 1 of the
boundaries to consider for the Downtown Las Vegas Overlay
issuance of a tavern-limited District and the Symphony Park
license. District, as described in the Interim
Downtown Las Vegas Urban Form
Standards.
Title 6.50.255(A) References the boundaries of the Replaces the reference to the
Las Vegas Arts District as Downtown Centennial Plan with the
described in the Downtown Interim Downtown Las Vegas Urban
Centennial Plan within the Form Standards.
context of urban lounge licenses.
Title 11.53.010 Outlines the criteria to be used Replaces the reference to the
by the city for the installation, Downtown Centennial Plan with the
removal, and regulation of valet DTLV-O Downtown Las Vegas
parking in public rights-of-way Overlay.
within the boundaries of the
Downtown Centennial Plan.

MH
TXT-66412

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** STAFF RECOMMENDATION **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
TXT-66412 Staff RECOMMENDS APPROVAL.

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED N/A

NOTICES MAILED Newspaper Notification Only

APPROVALS 0

PROTESTS 0

MH
TXT-66412
Proposed Amendments Page One
September 12, 2017 - Planning Commission Meeting

**PROPOSED AMENDMENTS**

1. Title 19.00.100(B) Table 4, Official Zoning Map Establishment of Zones, is hereby


amended by adding thereto a new commercial zoning district as follows:

Abbreviated Zoning District District


Designation Name Purpose
A-O Airport Overlay 19.10.080
C-D Designed Commercial Overlay 19.10.090
DC-O Downtown Casino Overlay 19.10.100
DCP- DTLV-O Downtown Centennial Plan Overlay 19.10.110
Downtown Las Vegas Overlay
DE-O Downtown Entertainment Overlay 19.10.120
G-O Gaming Overlay 19.10.130
HS-O Hillside Development Overlay 19.10.140
HD-O Historic Designation Overlay 19.10.150
SB-O Scenic Byway Overlay 19.10.160
LW-O Live/Work Overlay 19.10.170
RP-O Rural Preservation Overlay 19.10.180

2. LVMC Chapter 19.06.040(J), [Residential] Development Standards, is hereby


amended as follows:

J. Downtown Centennial Plan Overlay District Downtown Las Vegas


Overlay District

Building Height, Setback and Lot Coverage. All structures located in the
Downtown Centennial Plan Overlay District Downtown Las Vegas Overlay District
are exempted from the automatic application of the building height, building
setback and lot coverage provisions of this Chapter, including the Residential Ad-
jacency Setback, provided, however, that this exemption does not prohibit the
City Council from imposing a building height, setback or lot coverage requirement
in connection with the approval of a Site Development Plan.

MH
TXT-66412
Proposed Amendments Page Two
September 12, 2017 - Planning Commission Meeting

3. LVMC Chapter 19.08.040(I), [Commercial] Development Standards, is hereby


amended as follows:

I. Downtown Centennial Plan Overlay District Downtown Las Vegas


Overlay District

All structures located in the Downtown Centennial Plan Overlay District Downtown
Las Vegas Overlay District are exempted from the automatic application of the
building height, building setback and lot coverage provisions of this Chapter,
including the Residential Adjacency Setback, provided, however, that this exemp-
tion does not prohibit the City Council from imposing a building height, setback or
lot coverage requirement in connection with the approval of a Site Development
Plan.

4. LVMC Chapter 19.08.110(D)(2) is hereby amended as follows:

2. Applicability

Except for the uses within the Downtown Centennial Plan Overlay District
Downtown Las Vegas Overlay District, every use that receives or distributes
materials or merchandise by truck shall provide and maintain on-site loading
spaces in accordance with the standards of this Section.

5. LVMC Chapter 19.08.120(H)(1)(a), is hereby amended as follows:

H. Supergraphic Signage

1. General Provisions.

a. Supergraphic signage is permitted within the City, but only within the
boundaries of the Downtown Centennial Plan Overlay District Downtown Las
Vegas Overlay District, as described in LVMC 19.10.110 and only in accordance
with this Subsection (H).

MH
TXT-66412
Proposed Amendments Page Three
September 12, 2017 - Planning Commission Meeting

6. LVMC Chapter 19.10.100(D)(d), is hereby amended as follows:

D. Special Sign Standards-Review and Approval Procedures

1. Downtown Design Review Committee. There is hereby created a


Downtown Design Review Committee (DDRC) for the review of signs
proposed to be located within the District. The DDRC shall be composed
of:

a. Two members of the Planning Commission appointed by the


Commission;

b. One representative of the Department designated by the Director;

c. One representative of the Citys Department of Economic and Urban


Development, designated by the its Director; and

d. Three owners of businesses located within the DCP-O Downtown


Centennial Plan Overlay District Downtown Las Vegas Overlay
District.

7. LVMC Chapter 19.10.110 is hereby amended as follows:

A. Intent

The intent of the Downtown Centennial Plan Overlay District Downtown Las
Vegas Overlay District is to establish special design standards for development
within the Citys established urban core. The boundaries of the District shall be
coterminous with the boundaries of the Las Vegas Downtown Centennial Plan
Interim Downtown Las Vegas Urban Form Standards (see Figure 2), as
adopted by ordinance, and as the boundaries may be amended from time to
time.

B. Downtown Design Development Standards

Development within the Downtown Centennial Plan Downtown Las Vegas Overlay
District shall conform to the Downtown Las Vegas Design Standards Interim
Downtown Las Vegas Urban Form Standards (the Design Development
Standards), which are included within the Las Vegas Downtown Centennial Plan
Interim Downtown Las Vegas Urban Form Standards document.

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Those Design Development Standards are adopted and incorporated by this


reference. In addition, development within the boundaries of any sub-districts
within the Downtown Centennial Plan Overlay District Downtown Las Vegas
Overlay District shall conform to applicable Design Development Standards that
have been adopted for that sub-district. As and when such Design Development
Standards for sub-districts are adopted, they shall be deemed to be incorporated
into this Subsection by this reference. Copies of all Design Development
Standards adopted by the City Council (whether published separately or not) shall
be on file in the Office of the City Clerk and in the Department. The Downtown
Centennial Plan Downtown Las Vegas Overlay District Design Development
Standards are mandatory and shall apply to any property and zoning category
within the District, and any Design Development Standards adopted for any sub-
district are mandatory and shall apply to any property and zoning category within
the sub-district to which they pertain. Design Development Standards referred to
in this subsection may be amended from time to time by ordinance or by
resolution of the City Council. If the City Council adopts more restrictive design
development standards for one or more additional sub-districts within the
Downtown Centennial Plan Overlay District Downtown Las Vegas Overlay
District, those more restrictive standards shall apply to the sub-district to which
they pertain.

C. Special Provisions

In order to encourage the development of a complex, visually interesting and


urbane walkable mixed-use environment, and to encourage transit-oriented
development as future transit routes and stations develop within the Downtown
area, properties within the Downtown Centennial Plan Overlay District Downtown
Las Vegas Overlay District are exempt from the automatic application of the
mandatory maximum building height, required building setback, maximum lot
coverage, residential adjacency, standard landscaping requirements, and
standard parking requirements in this Title. However, the exemption does not
prohibit City staff, the Planning Commission, and the City Council from imposing
limitations on the approval of a Site Development Plan. Site Development Plan
applications within the Downtown Centennial Plan Overlay District Downtown Las
Vegas Overlay District shall be evaluated on a case-by-case basis to determine
the extent to which those standards shall be required.

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8. LVMC Chapter 19.10.110 Figure 1, Downtown Centennial Plan Overlay District


Maps is hereby amended by removing the Downtown Centennial Plan Overlay
District Maps and their references and replacing them with the Downtown Las
Vegas Overlay district Maps and their references.

9. LVMC Chapter 19.10.110 Figure 2, Las Vegas Downtown Centennial Plan is


hereby amended by removing the Las Vegas Downtown Centennial Plan figure
and its references and replacing it with the Interim Downtown Urban Form
Standards figure and its references.

10. LVMC Chapter 19.10.160(C)(1)(b), is hereby amended as follows:

C. Sign Standards

Relationship to Other Provisions. Standards governing signs located


within the boundaries of the SB-O District are intended to be the most
restrictive. Except as otherwise modified, required or prohibited by this
Section, all signage within the Las Vegas Boulevard Scenic Byway
Overlay District shall be governed by and subject to:

a. All applicable standards and procedures in this Title; and


b. The review and approval procedures set forth in Subsection (D) of
LVMC 19.10.100, irrespective of where in the Las Vegas Boulevard
Scenic Byway Overlay District the signage will be located. The
provisions of LVMC 19.10.100(D)(8) shall apply to the supergraphic
signage within the SB-O District

For signage on properties that are not located within the boundaries of the
DCP-O Downtown Centennial Plan Overlay District, DC-O Downtown
Casino Overlay District or the DE-O Downtown Entertainment Overlay
District, the applicable sign standards will be set forth in LVMC 19.08.120,
as well as the standards set forth in Paragraphs (2) through (4) below.

11. LVMC Chapter 19.12.070, Permissible Uses Permissible Use Descriptions and
Applicable Conditions and Requirements, is hereby amended by amending the
minimum special use requirements for the Liquor Establishment (Tavern) entry
as follows:

Minimum Special Use Permit Requirements

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5. The distance separation requirement set forth in Requirement 1 may be


waived in accordance with the provisions of LVMC 19.12.050(C), but only
in connection with a proposed liquor establishment (tavern) that:

a. Will be located on a parcel within the C-V District, the Parkway


Center District Market Corridor and Symphony Park Districts within
the Downtown Centennial Plan as described in the Interim Downtown
Las Vegas Urban Form Standards, the Gaming Enterprise Overlay
District, or the Downtown Casino Overlay District;

12. LVMC Chapter 19.12.070, Permissible Uses Permissible Use Descriptions


and Applicable Conditions and Requirements, is hereby amended by amending
the minimum special use permit Requirements for the Night Club entry as
follows:

Minimum Special Use Permit Requirements

6. The distance separation requirement set forth in Requirement 1 may be


waived in accordance with the provisions of LVMC 19.12.050(C), under the
following circumstances:

a. In connection with a proposed nightclub that will be located on a parcel


within the C-V District, the Parkway Center District Market Corridor
and Symphony Park Districts within the Downtown Centennial Plan
Vision 2045 Downtown Las Vegas Masterplan Overlay District, the
Gaming Enterprise Overlay District, or the Downtown Casino Overlay
District;

13. LVMC Chapter 19.12.070, Permissible Uses Permissible Use Descriptions


and Applicable Conditions and Requirements, is hereby amended by amending
the on-site parking requirements for the Senior Citizen Apartments entry as
follows:

On-site Parking Requirement: .75 spaces per unit (.5 spaces per unit within the
Downtown Centennial Plan Overlay District Downtown Las Vegas Overlay District.

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14. LVMC Chapter 19.12.070, Permissible Uses Permissible Use Descriptions and
Applicable Conditions and Requirements, is hereby amended by amending the
conditional use regulations for the Sexually Oriented Business entry as follows:

Conditional Use Regulations:

6. The provisions of Regulation 4 and the provisions of Chapter 19.14 that


prohibit the expansion, the enlargement or alteration of an existing use as
described in those provisions shall not apply to an existing nude show or
adult emporium located within Downtown Centennial Plan area Area 1 of
the Downtown Las Vegas Overlay District, as described in Ordinance No.
6051 the Interim Downtown Las Vegas Urban Form Standards and as
amended from time to time, but only if and to the extent that the following
conditions are met:

15. LVMC Chapter 19.12.070, Permissible Uses Permissible Use Descriptions and
Applicable Conditions and Requirements, is hereby amended by amending the
minimum special use requirement for the Urban Lounge entry as follows:

Minimum Special Use Permit Requirements:

1. The use is limited to the area located within the boundaries of the 18b Las
Vegas Arts District, as described in the Downtown Centennial Plan Interim
Downtown Las Vegas Urban Form Standards and as amended from time
to time.

16. LVMC Chapter 19.16.270(D)(2)(a) - Master Sign Plan Procedures is hereby


amended as follows:

2. Conditions of Approval

In approving a Master Sign Plan, the Planning Commission may impose such
conditions, restrictions or limitations as the Commission may determine to be
necessary to meet the general purpose and intent of this Title and to ensure that
the public health, safety and welfare are being maintained. Conditions of approval
may include a required review after a specified period to ensure that signage
actually constructed conforms to required standards and is maintained in
accordance with applicable requirements. All signs in the Master Sign Plan shall:

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a. Either conform to all standards for the zoning district in which the sign will be
located, under this Title, or established sign requirements and limitations that
are more restrictive that those set forth in this Title and that are consistent
with the standards and criteria set forth in the following Subparagraphs (b)
through (g). Master Sign Plans may also be used to establish the
requirements and limitations for signs located in the Gaming and Downtown
Centennial Plan Overlay Downtown Las Vegas Overlay districts, and the
Planned Community and Planned Development Districts;

17. LVMC Chapter 19.18.020 Words and Terms Defined is hereby amended as
follows:

Urban Core Area. Means the area defined as the Downtown Centennial Plan
Overlay District Downtown Las Vegas Overlay District in LVMC 19.10.110.

18. LVMC Chapter 6.50.020 - Liquor Control, Definitions, is hereby amended as


follows:

"Downtown Centennial Plan overlay district" Downtown Las Vegas Overlay


District has the meaning and boundaries as described at LVMC 19.10.110.

19. LVMC Chapter 6.50.250(A)(2) Alcoholic beverage license Tavern-limited, is


hereby amended as follows:

May only be issued for premises located entirely within the Downtown Centennial
Plan overlay district Area 1 of the Downtown Las Vegas Overlay District, the
Symphony Park District as described in the Interim Downtown Las Vegas Urban
Form Standards or, in the case of a tavern-limited license issued under
Subsection (C) of this Section, may only be issued if an outdoor entertainment
district is entirely within the downtown entertainment overlay district.

20. LVMC Chapter 6.50.255 Alcoholic beverage license-Urban lounge, is hereby


amended as follows:

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An urban lounge license authorizes the sale of alcoholic beverages for


consumption on the premises where the same are sold only, and the sale, to
consumers only and not for resale, of alcoholic beverages in original sealed or
corked containers from behind a bar or from a storeroom only, for consumption off
the premises where the same are sold. An urban lounge licensee may not display
or advertise such liquor for off-sale purchase by patrons, and any sales must be
incidental to the on-premise sale and consumption of alcoholic beverages. An
urban lounge license may be issued only at a location:

(A) Within the boundaries of the 18b Las Vegas Arts District, as described in the
Downtown Centennial Plan Interim Downtown Las Vegas Urban Form
Standards and as amended from time to time;

21. LVMC Chapter 11.53.010 Valet Parking, Purpose, is hereby amended as


follows:

The purpose of this Chapter is to set forth the criteria to be used by the City for the
installation, removal, and regulation of selected areas for valet parking in public
rights-of-way. This Chapter is enacted in response to the need to provide
additional parking space, and facilitate additional parking options, for patrons,
guests and residents of commercial and noncommercial locations in parking-
impacted areas within the boundaries of the Downtown Centennial Plan DTLV-O
Downtown Las Vegas Overlay.

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** STAFF REPORT **
PROJECT SUMMARY

This text amendment request is for the discussion and possible action to amend the
LVMC Title 19, Unified Development Code (UDC) of the City of Las Vegas by removing
all references to the DCP-O Downtown Centennial Plan Overlay District and the
affiliated Downtown Centennial Plan and replacing those references with the newly
adopted Vision 2045 Downtown Las Vegas Masterplan and related DTLV-O Downtown
Las Vegas Overlay District.

ANALYSIS

The City of Las Vegas Downtown Centennial Plan was originally adopted by the City
Council on July 5th, 2000. In the 17 years since the plan adoption, many changes in
urban development trends have brought about the necessity for updating and
expanding the Las Vegas Downtown Centennial Plan. Through a substantial two year
planning effort, the new Vision 2045 Downtown Las Vegas Masterplan was recently
adopted by the City Council in June of 2016 with the goal of expanding the plan area
and updating the master plan to meet the growing urban demands for the next 30 years.

In 2011, the City Council adopted the Unified Development Code (UDC) for the city of
Las Vegas to consolidate the citys subdivision and zoning codes into one
comprehensive development code. In developing the new code, the inclusion of
Special Area and Overlay Districts that establish special zoning regulations to support
the unique character of those areas was formalized. It is this Chapter of the Municipal
Code, Title 19.10.110, that enables the Vision 2045 Downtown Las Vegas Masterplan
Area to maintain separate development standards that are aligned with the unique
urban nature of the area. This proposed amendment is the first step in creating the
formal path to implementing the 30-year vision laid out in the Vision 2045 Downtown
Las Vegas Masterplan.

FINDINGS

The proposed text amendment will achieve the following:

Remove the DCP-O Downtown Centennial Plan Overlay District from the UDC
and replace with the DTLV-O Downtown Las Vegas Overlay District.
Remove references to the Downtown Centennial Plan from the UDC and replace
with the Vision 2045 Downtown Las Vegas Master Plan and the Interim
Downtown Las Vegas Urban Form Standards, which are encapsulated within the
Implementing Regulations of the Master Plan.

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BACKGROUND INFORMATION

Related Relevant City Actions by P&D


The Planning Commission recommended approval of the Downtown
04/27/00
Las Vegas Downtown Centennial Plan.
The City Council adopted Ordinance #5238, formally adopting the Las
06/05/00
Vegas Downtown Centennial Plan document.
The City Council adopted Bill 2011-7 as Ordinance 6135 to merge
Titles 18 (Subdivision Regulations) and 19 (Zoning Code) into one Title to
03/16/11 be known as the Unified Development Code (UDC) of the City of Las
Vegas. Planning Commission and staff recommended approval of the
amendment.
The Planning Commission recommended approval of the Vision 2045
05/10/16
Downtown Las Vegas Masterplan.
The City Council adopted Resolution R-05-2016, formally adopting the
Vision 2045 Downtown Las Vegas Masterplan, and directing staff to
06/15/16
propose revisions that implement the goals of the plan where
appropriate.

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** SUPPLEMENTAL MATERIAL **

Proposed changes to LVMC Title 19 (Unified Development Code)

Exhibit A Figure 1 Vision 2045 Downtown Las Vegas Masterplan Districts Map
Exhibit B - Interim Downtown Las Vegas Urban Form Standards
Exhibit C Figure 2 - Areas within the Downtown Las Vegas Overlay

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Interim Downtown Las Vegas Urban Form
Standards

TXT-66412
Table of Contents
I. Vision and Purpose
A. Vision
B. Purpose
C. Geographic Area
D. Phasing
E. Applicability
F. Relationship to other documents
G. Amendment process
H. Review process

II. Downtown Districts


A. General
B. Civic & Business
C. 18b Las Vegas Arts District
D. Historic Westside
E. Fremont East
F. Symphony Park
G. Founders
H. Design
I. Las Vegas Medical District
J. Resort & Casino
K. Cashman
L. Gateway
M. Market

III. Standards
A. General
B. Area 1
1. DTLV-O Area 1 Site Planning Standards
2. DTLV-O Area 1 Permitted Uses
3. DTLV-O Area 1 Parking and Related Standards
4. DTLV-O Area 1 Streetscape Standards
5. DTLV-O Area 1 Architectural Design Standards

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6. DTLV-O Area 1 Signage Standards
7. DTLV-O Area 1 Landscape Standards
8. DTLV-O Area 1 Construction standards
9. DTLV-O Area 1 Requirement Threshold Matrix
C. Area 2
1. DTLV-O Area 2 Standards
2. DTLV-O Area 2 Deviations
D. Area 3
1. DTLV-O Area 3 Standards
a. Las Vegas Medical District
b. Symphony Park
2. DTLV-O Area 3 Deviations

IV. Outdoor dining and entertainment standards


A. Objective and Intent
B. Standards
C. Encroachment Approval

2|Page
I. Vision and Purpose
A. Vision
The Vision 2045 Downtown Las Vegas Masterplan is the policy document that states the goals
and strategies set forth by the City of Las Vegas for the downtown region. The Vision 2045
Downtown Las Vegas Masterplan envisions and encourages downtown Las Vegas to achieve a
compact, vibrant, urban environment, with a focus on higher density mixed-use development
around transit hubs and activity nodes. This will deliver an energetic urban way of life and high-
quality physical environment for locals and visitors alike. This vision is implemented through the
Downtown Las Vegas Overlay (DTLV-O) as described in this document.

B. Purpose
On July 15, 2016 the Las Vegas City Council adopted the Vision 2045 Downtown Las Vegas
Masterplan by Resolution R-25-2016. To implement the Vision 2045 Downtown Las Vegas
Masterplan, this document supersedes and replaces the DCP-O Downtown Centennial Plan
Overlay, and establishes the DTLV-O Downtown Las Vegas Overlay.

C. Geographic Area
The DTLV-O Downtown Las Vegas Overlay shall apply in the area identified as Downtown in the
Vision 2045 Downtown Las Vegas Masterplan as adopted by City Council by Resolution R-25-2016
on July 15, 2016, and amended by TXT-66412 by the Planning Commission on September 13,
2016 (see Figure 1). See the official Zoning Map Atlas for the exact location of properties currently
under the Downtown Las Vegas Overlay.

D. Phasing
The DTLV-O encompasses the twelve Downtown Districts as identified in the Vision 2045
Downtown Las Vegas Masterplan and described in Chapter II of this document. Phased over time,
each of these twelve Districts will be administered by a distinct set of standards to be adopted as
either part of Urban Form Zoning Districts or Special Area Plans following the completion of a
context-based plan for land use and development. District-specific standards are categorized
within Area 3 of the DTLV-O Downtown Las Vegas Overlay, as defined in Section I.D of this
Chapter. In the absence of context-based district-specific standards, the Downtown standards
for Area 1 or Area 2, as defined in Section D of this Chapter, will apply, based on the site location
(see Figure 2).

3|Page
Figure 1. See the official Zoning Map Atlas for the exact location of properties currently under
the DTLV Overlay.

4|Page
The DTLV-O Downtown Las Vegas Overlay (Fig. 1) is divided amongst three distinct areas: Area 1,
Area 2, and Area 3 (Fig. 2).

Area 1. This Area has already been established as part of Downtown Las Vegas by the previous
document Downtown Centennial Plan and the DCP-O Downtown Centennial Plan Overlay.

Area 2. This Area has been identified as part of downtown following the adoption of the Vision
2045 Downtown Las Vegas Masterplan and the expansion of the previous Downtown Centennial
Plan boundary. Because of the peripheral location relative to Area 1, and the different existing
urban context, Area 2 is recognized as a distinct area.

Area 3. The downtown areas identified as Area 3 have specific context-based development
regulations that support the desired vision for future development, in the form of either Urban
Form Zoning Districts or Special Area Plans.

Within this Area are:

a. The Las Vegas Medical District, as defined in the Las Vegas Medical District Plan adopted
by City Council on June 19, 2002.

b. The Symphony Park District, as defined by the Symphony Park Design Standards adopted
by Ordinance No. 6311 by City Council on April 2, 2014.

5|Page
Figure 2. See the official Zoning Map Atlas for the exact location of properties currently under
the DTLV Overlay.

6|Page
E. Applicability
The DTLV-O Downtown Las Vegas Overlay conforms to the General Plan of the City of Las Vegas,
and is hereby incorporated into the City's Vision 2045 Downtown Las Vegas Master Plan by way
of Ordinance Ord. No. XX, adopted (date). The Interim Downtown Las Vegas Urban Form
Standards supersedes and replaces the Downtown Las Vegas Centennial Plan as adopted by
Ordinance by City Council on July 5, 2000.

F. Relationship to other documents


The DTLV-O Downtown Las Vegas Overlay is the primary regulating document for all
development and improvements within the DTLV-O boundaries. Other documents relating to the
physical development of properties that are referenced in the DTLV-O Downtown Las Vegas
Overlay include Title 19 of the Las Vegas Municipal Code, the Las Vegas Medical District Plan, and
the Symphony Park Design Standards.

The DTLV-O Downtown Las Vegas Overlay complements and coordinates with the
Redevelopment Plan for the Downtown Las Vegas Redevelopment Area, as adopted March 5,
1986, and amended thereafter.

All development plans within the DTLV-O area (Figure. 1) shall comply with the adopted DTLV-O
Downtown Las Vegas Overlay as well as all other applicable regulations in the city, county, state
and Federal jurisdictions. These standards are not intended to override or contradict the city of
Las Vegas codes or requirements. Where differences occur, the most stringent shall apply in all
cases.

G. Amendment Process
Amendment(s) to the Standards outlined within the DTLV-O Downtown Las Vegas Overlay may
be made via the Text Amendment process.

H. Review Process
The DTLV-O is composed of three (3) distinct areas. Each Area has a particular variety of land
uses, density, and urban characteristics demonstrated by the existing building fabric it contains
and the redevelopment opportunities it presents. The continuity of general design standards and
streetscape design will weave the unique neighborhoods together into a continuous downtown
urban experience. Goals have been identified for each district to reestablish Downtown Las Vegas
with a balance of cultural, residential, office, civic, retail and light industrial areas, consistent with
the Vision 2045 Downtown Las Vegas Masterplan. For the purpose of establishing the Area
boundaries, wherever the boundary of a district is identified as a particular street or other right-
of-way, the district shall extend to the centerline of that street or right-of-way, unless specifically
indicated otherwise.

7|Page
1. Except as otherwise provided in this subchapter, the review process of Planning
Applications is as set forth in Title 19.16 of the Las Vegas Municipal Code.

2. Waiver. Where specific development standards cannot be met, the applicant shall require
the approval of a Waiver.

a. Requirements
Waivers to the Design Standards contained within the DTLV-O Downtown Las Vegas Overlay may
only be granted in accordance with 19.16.100 with clear and convincing evidence of development
feasibility, or to further the City's goals as expressed in the Vision 2045 Downtown Masterplan.

b. Land Use
No waivers shall be granted to allow a land use that is not permitted within a particular zoning
district or urban form zone.

c. Decision and Appeal


A decision by the Planning Commission to deny a waiver application becomes final and effective
at the expiration of 10 days after the date of the decision unless, within that period, the applicant
appeals the decision to City Council by written request filed with the City Clerk.

8|Page
II. Downtown Las Vegas Districts

Figure 3. See the official Zoning Map Atlas for the exact location of properties currently under the DTLV Overlay.

9|Page
A. General
The Vision 2045 Downtown Las Vegas Masterplan establishes the vision and goals for each of the
twelve Districts (Figure 3). This Chapter provides a description of such vision and goals, and a
description of the key elements related to each District.

B. Non compatible Zoning Districts


For each Downtown District, a table of Non compatible Title 19 Zoning Districts is provided. These
tables are based on the vision, goals, and description of each district, and provides guidelines to
be utilized for rezoning applications within the DTLV-O Downtown Las Vegas Overlay. The intent
of these guidelines is to foster the development of a built environment that, in terms of mix of
uses, intensity, and density of development, reflects the vision established in the Vision 2045
Downtown Las Vegas Masterplan.

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C. District Guidelines
1. Civic & Business

Goal: A vibrant downtown core with more things to do and see


Description: The Civic and Business District is one of the primary employment centers of the
region. The courthouses, legal and other professional services that cluster in the core create a
significant critical mass of daytime activities. Undeveloped parcels and underutilized properties,
especially around the City Hall and the Bonneville Transit Center, provide great potential sites for
mixed-use buildings with affordable workforce housing, offices, and retail. Retail elements should
include a major downtown grocery store, restaurants, and other services that act as a magnet of
activity for all of Downtown. More connections will be important to the future transformation of
the district, and making the most out of the existing alley spaces could be a great addition for
downtown placemaking and mobility solutions. Completion of a high capacity transit system
providing additional options for travel throughout downtown will facilitate growth of multi-
modal mixed-use hubs. Linkages along and over the Union Pacific Railroad right-of-way will better
connect Symphony Park, and the planned multi-modal bridge will provide an iconic landmark. A
linear open space along 3rd Street is imagined as a green walkable corridor linking the Civic &
Business and the 18B Las Vegas Arts districts. The 3-acre vacant lot opposite the City Hall could
be transformed into a central civic space that can be made more flexible and programmable as a
community gathering place.

Non Compatible Title 19 Zoning Districts

Non Compatible Residential Zoning Districts


R-E R-D R-1 R-SL R-CL R-2 R-MH
Non Compatible Commercial and Industrial Zoning Districts
P-O C-M M C-PB

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2. 18b Las Vegas Arts District

Goal: A diverse community and regional showcase for the arts


Description: The 18b Las Vegas Arts District is the creative heart of the city. The local stores, art
galleries, and artists in residence are compelling and memorable elements of downtown.
Using the underutilized and raw land, especially along Casino Center Boulevard, 3rd Street and
Main Street, smart investments could promote walkability, safety, and sustainability. Reaching
a the next level of a critical mass of artists and art related services will amplify the artistic
brand of the district, while providing much needed affordable housing and services for the
community. Development protections and improved services could strengthen existing
corridors of creative uses, especially along Main and Charleston.
New clusters of development can create places that encourage makers of all interests
including artists, students, food producers, designers, and entrepreneurs. Mixtures of uses
around transit could include artist-oriented housing and creative spaces that adjoin it, a
university village that promotes study of the arts and humanities, a maker village that attracts
entrepreneurs, seniors, and veterans housing that cares for the community at large.

Non Compatible Title 19 Zoning Districts

Non Compatible Residential Zoning Districts


R-E R-D R-1 R-SL R-MH
Non Compatible Commercial and Industrial Zoning Districts
P-O M C-PB

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3. Historic Westside

Goal: A thriving neighborhood augmented with services and amenities


Description: The Historic Westsides assets are historically and culturally significant for the entire
valley. However, the District is dominated by sparse low-rise residential neighborhoods and
industrial zones. The area needs improved housing stock, development of vacant parcels, and
programming for the existing parks and amenities. Two of the Districts strengths are abundance
of open space and availability of parcels suitable for mid-to-large scale development easily
accessible by all modes of transportation. For long-term success, the Hundred Plan, a visioning
and strategic planning document prepared by the UNLV Downtown Design Center, recommends
the following: a) promotion of contextual neighborhood infill with multifamily housing and
appropriate amenities to stabilize the community; b) preservation of historic sites and resources;
c) development of programs focusing on job training, safety, and cleanliness of the district; and
d) enabling mixed-use developments in current industrial zones.

Non Compatible Title 19 Zoning Districts

Non Compatible Residential Zoning Districts


R-E R-D R-1 R-MH
Non Compatible Commercial and Industrial Zoning Districts
P-O M C-PB

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4. Fremont East

Goal: Improved affordability, safety and amenity.


Description: Fremont East has gained residents and shops through its popularity due to its
proximity to the Resort and Casino District, but is in need of a more pedestrian friendly
atmosphere for continued success and growth. Conservation of historic buildings is also
important in this area, as well as tools such as design standards and incentives for buildings
rehabilitation. Strategies for further improvement include: a) additional multi-family housing,
including live/work and midrise/highrise workforce housing; and b) addition of civic and
institutional spaces, such as clinics, senior centers, community centers, and educational facilities.

Non Compatible Title 19 Zoning Districts

Non Compatible Residential Zoning Districts


R-E R-D R-SL R-CL R-MH R-1
Non Compatible Commercial and Industrial Zoning Districts
P-O M C-M C-PB

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5. Symphony Park

Goal: A cultural and living district better connected to downtown.


Description: Symphony Park has had success in creating a brand for itself through the Smith
Center for the Performing Arts, the Discovery Childrens Museum, and the Lou Ruvo Center for
Brain Health. These developments, along with activity centers in the neighboring Market District,
would greatly benefit from a more pedestrian-oriented design and improved connectivity
between anchor uses. A repertory theater and 500-seat performance hall for chamber music,
small dance events, as well as a performing arts school for music and dance, could create a hub
for performance that complements the Smith Center, while amplifying its impact in the
community. Apartments and lofts oriented toward performers and artists, along with amenities
such as service retail, and a sculpture/art walk would fit within and enhance Symphony Parks
unique sense of place. A mixed-use neighborhood along the east side of Symphony Park, could
bring high-end housing, in both high and mid-rise formats, with ground floor fine dining and
service retail. Other key land use additions that would augment the district include a research
and learning hub near the Lou Ruvo center, and a hotel and conference center that could fill a
niche for business oriented activities and conferences that complement the World Market
Center, Civic and Business District, and other business activities throughout Downtown Las Vegas.
For further details, refer to the Symphony Park Design Standards.

Non Compatible Title 19 Zoning Districts

Detailed standards for zoning districts and land uses in Symphony Park have been established
through the adoption of the Symphony Park Design Standards, and therefore there is no table
for Non compatible Title 19 Zoning Districts. Instead, for the list of allowed and prohibited
land uses within Symphony Park refer to Chapter 4 of the Symphony Park Design Standards
Design Review Process.

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6. Founders

Goal: A historic neighborhood augmented with transit-oriented mixed-use.


Description: The Founders District is one of the most well preserved residential neighborhoods
in the region. The Huntridge Theater and Circle Park are remarkable examples of early Las Vegas
architecture and urban design. Many of the houses, streets, and landscape features of this area
are particularly notable examples of a classic inner ring American suburb. What is lacking are
catered standards that are needed to preserve the character of the area. The integration of high
capacity transit with a station at the northern portion of Huntridge Circle Park will catalyze a
mixed-use transit-oriented development hub. Along Maryland Parkway and Charleston
Boulevard many properties are underutilized and auto-oriented, presenting significant
opportunities for corridor redevelopment that include mixed use residential, creative office
space over ground floor retail, and community oriented amenity spaces. The type and character
of these developments will add a new dimension to the neighborhood, while improving
affordability, amenity, and overall quality of life for residents. Moderate density residential, both
for sale and rental, with ground floor amenities especially at key intersections could create an
attractive live/work/shop atmosphere. Pedestrian activity will be promoted through engagement
by ground-floor restaurants, cafes and live/work units oriented towards the street.

Non Compatible Title 19 Zoning Districts

Non Compatible Residential Zoning Districts


R-E R-D R-MH
Non Compatible Commercial and Industrial Zoning Districts
M C-M C-D C-PB

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7. Design

Goal: A creative corridor for film, fashion and design


Description: The Design District is characterized by a mix of commercial services, warehousing,
storage, and industrial uses, occupying utilitarian buildings concentrated along the Union Pacific
Railroad. Currently, the district serves as a significant employment hub, in close proximity to both
downtown core and the Las Vegas Strip, with many businesses serving the casino and
entertainment industry. Potential associated strategies for the District include the conversion of
declined warehouses or plants into accommodation for film, fashion, virtual gaming, green tech
and other creative-related industries. Vacant and underutilized properties could be used as
temporary open spaces for outdoor relaxation and social gathering.

Non Compatible Title 19 Zoning Districts

Non Compatible Residential Zoning Districts


R-E R-D R-SL R-MH R-1 R-2 R-CL
Non Compatible Commercial and Industrial Zoning Districts
P-O O C-D

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8. Las Vegas Medical District

Goal: The center of health, education, and research for Southern Nevada
Description: With proximity to the core as a significant employment node, the Las Vegas Medical
District (LVMD) shows great potential for driving the medical-oriented economy while
complementing other districts of Downtown. Several millions of square feet of development are
proposed, creating a mixed use, walkable, and healthy neighborhood through several
reinvestment strategies, including focusing mixed-use development along major streets,
reinforcing green linkages, and completion of a convenient transit line linking the LVMD to the
Civic & Business and Resort & Casino districts, as well as UNLV and McCarran International
Airport. The UNLV Medical School will function as the primary anchor for activity in this District.
For further details, refer to the Las Vegas Medical District Plan.

Non Compatible Title 19 Zoning Districts

Detailed standards for zoning districts and land uses in the Las Vegas Medical District have been
established through the adoption of the Las Vegas Medical district Plan, and therefore there is
no table for Non compatible Title 19 Zoning Districts. Instead, for the list of allowed and
prohibited land uses within the LVMD refer to Table 1 of the Las Vegas Medical District Plan
LVMD Permitted Uses.

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9. Resort & Casino

Goal: New complimentary anchors to the downtown gaming hub


Description: Identified as the Citys original gaming district and home to a number of classic Las
Vegas hotel-casinos, the Resort and Casino District serves as the activity and entertainment
anchor for downtown. Though this district acts as the most mature and intensely developed area,
some new opportunities to reinforce the districts identity may be implemented: a) A high-profile
site on the Main Street Station Casino surface parking lot for accommodating the growing needs
of hospitality; b) infilling the current site of Downtown Las Vegas Events Center for
accommodating new civic and/or office spaces; c) continuous improvement of the Fremont
Street Experience; d) placemaking; and e) implementation of the downtown Las Vegas
wayfinding system.

Non Compatible Title 19 Zoning Districts

Non Compatible Residential Zoning Districts


R-E R-D R-SL R-CL R-TH R-MH R-1 R-2 R-3
Non Compatible Commercial and Industrial Zoning Districts
P-O M C-M C-PB O C-D

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10. Cashman

Goal: A community of entrepreneurs anchored by sports and culture.


Description: The Cashman District has traditionally been the home of historical and cultural
assets of the city, the home of a minor league baseball club, and a significant hub of government
employment. However, its suffered from a lack of resident population and enough programming
to consistently interest the community at large. There is tremendous redevelopment potential
to create a new mixed community that provides a sports and entertainment core of activity,
including a new soccer stadium complex, and the 2018 expansion of the United Soccer League to
include a Las Vegas team represents a major step towards this objective. Connected to this facility
would be a number of mixed-use blocks that include workforce housing and creative and
incubator office space that caters to the high tech uses such as Zappos employees, Unmanned
Aerial Vehicle (UAV) researchers, and other creatives looking for cool, hip and affordable places
to live and work. A high capacity transit plaza, bike share, a town green and other support
amenities would provide a level of activity that acts as a gateway into the district from Las Vegas
Boulevard. Clustered around the plaza would be a portion of creative office and incubator spaces
for research and development. Ground floor bars and restaurants as well as service retail would
complement game-day activities and support a significant residential population.

Non Compatible Title 19 Zoning Districts

Non Compatible Residential Zoning Districts


R-E R-D R-SL R-MH R-1 R-2 R-CL
Non Compatible Commercial and Industrial Zoning Districts
P-O M C-M C-D

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11. Gateway

Goal: A stabilized neighborhood with improved affordability and safety


Description: Marked by the landmark Stratosphere Tower, the Gateway District establishes the
southern gateway to Downtown from the Strip. Currently, the district is primarily composed of
low-rise multi-family uses. Extending a high-capacity transit line (LRT/BRT) along Las Vegas
Boulevard and focusing higher density, transit-oriented development along the corridor could
strengthen it as a high activity spine. Upper story office, residential, institutional uses, with
ground floor retail and civic spaces would bring in more population to the area and stabilize the
neighborhood. An expansive pedestrian environment would provide residents and visitors access
to multiple travel modes, create an attractive outdoor environment, as well as increase safety
and reduce blight.

Non Compatible Title 19 Zoning Districts

Non Compatible Residential Zoning Districts


R-E R-D R-SL R-MH R-1 R-2 R-CL
Non Compatible Commercial and Industrial Zoning Districts
P-O M O C-D

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12. Market

Goal: An exciting place for shopping and events


Description: Located west of Symphony Park, and alongside Interstate 15, the Market District is
dominated by large scale users including the Las Vegas North Premium Outlets and the World
Market Center Las Vegas, which act as an international shopping hub in Downtown Las Vegas. In
its current configuration, this district is almost fully built out, but lacks an appealing pedestrian
experience, especially along Grand Central Parkway. Linkages to surrounding districts are also
lacking. Future development offers the opportunity to build potential synergies with Symphony
Park. Possible strategies for improving this area could include mixed-use developments north of
World Market Center, improvements to transit infrastructure and station-area beautification,
more emphasis on human scale the pedestrian realm and ground-floor use, and reinforced
connections to Symphony Park and the Clark County Government Center.

Non Compatible Title 19 Zoning Districts

Non Compatible Residential Zoning Districts


R-E R-D R-SL R-CL R-TH R-MH R-1 R-2
Non Compatible Commercial and Industrial Zoning Districts
P-O M C-M C-PB O C-D

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III. Standards
A. Area 1

Figure 4. DTLV-O Area 1

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1. DTLV-O Area 1 Site Planning Standards
a. Setbacks

Front: 70% of the first story faade shall align along the front property line; arcades, shade
structures, or civic amenities such as plazas and courtyards may satisfy up to 50% of this
requirement. Minor deviations from this requirement, not to exceed a distance of five (5) feet
from the property line, are allowed and will be reviewed by Staff on a case-by-case basis upon
verification of special and unique conditions applicable to a specific lot or structures.

Corner Side: 70% of the first story faade shall align along the front property line; arcades,
shade structures, or civic amenities such as plazas and courtyards may satisfy up to 50% of this
requirement. Minor deviations from this requirement, not to exceed a distance of five (5) feet
from the property line, are allowed and will be reviewed by Staff on a case-by-case basis upon
verification of special and unique conditions applicable to a specific lot or structures.

Side: No side yard setback is required.

Rear: No rear yard setback is required.

i. Special Setback Requirements

To permit the required 10-foot sidewalk and five foot amenity area all buildings shall be set
back five feet from the property line along:

a. Both sides of Casino Center Boulevard between Charleston Boulevard and Ogden
Avenue.
b. Both sides of Third Street between Charleston Boulevard and Imperial Avenue.

b. Lot Coverage

Lot coverage shall be limited only by setback requirements.

c. Height

Height limits are not automatically applied as called for in Title 19.08. Proposed building heights
located within the Residential Adjacency Setback as defined in Title 19.08.040(H) may require
additional design justification as part of the Site Development Review (SDR) process.

d. Service Area

Service areas and loading docks shall not be located at frontage lines. All auto-related facilities
(working bays, storage, trash enclosures, etc.) shall orient away and be screened from public
view.

e. Utilities

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Utility vaults shall be located underground for all new developments. Ideally, these will be
incorporated within the building footprint. In no case shall they be located along the street
frontage of the project. All power lines shall be located underground from the nearest street
access to the project site.

f. Alleys

Alleys that are not abandoned with a new development as defined by the Threshold Matrix
(Table 1) shall be redeveloped to conform to the standard alleyway treatment (Figure 5). For
certain specific projects, and where possible, the use of the Downtown Alley Design Guidebook
is encouraged in order to strengthen the components that make alleys a successful
environment.

Figure 5. Standard Alley Treatment

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g. Encroachments

No building encroachments are permitted, unless explicitly allowed through a license


agreement to encroach as approved by Public Works Staff. No vacations of the street right-of-
way shall be permitted for expanding the building footprint.

2. DTLV-O Area 1 Permitted Uses


Per Title 19.12.010 Land Use Table.

3. DTLV-O Area 1 Parking and Related Standards


Title 19.08 Parking standards are not automatically applied.

Handicapped Parking is required per Title 19.08.110(C)(3) and the Threshold Matrix (Table 1) as
contained in Section 9 of this Chapter.

a. Loading

Title 19.08.110(D) Loading Standards are not automatically applied.

b. Parking Screening
When parking lots face public streets, an ornamental screen and landscaping shall be
incorporated, as approved by Staff.

c. Parking Structures
Parking structures shall have ground level retail, office and/or restaurant space incorporated
into the design of the structure on all frontages. Such structures shall have no front or corner
side setback.

Exterior walls of all parking structures shall be designed as part of the architectural form of the
primary and/or the surrounding buildings and shall incorporate the same materials, finishes and
proportions of the primary building.

Where parking structures do not incorporate ground level retail, office and/or restaurant space
then a ten-foot landscaped setback is required. Said setback shall have sufficient enough
landscaping as to block the parking structure from view at the pedestrian level.

d. Special Event Parking Lot Development Standards


A special event parking lot is a parking lot that is used on an intermittent basis, operated only in
conjunction with special events, festivals, or similar uses of limited duration. The use of a
special event parking lot shall not exceed six times per month. On-site signage shall be posted
on the property in a visible location, prohibiting parking that exceeds the designated duration

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or use period. The lot may be paved or unpaved; unpaved lots shall be subject to applicable
requirements of the Clark County Department of Air Quality or its successor. Bumpers or tire
stops are not required. Landscape islands, perimeter landscape buffers and streetscape
amenities are not required. Applications for special event parking lots shall be processed as a
Temporary Commercial Permit under LVMC Title 19, except that the duration and use periods
normally applicable to a Temporary Commercial Permit shall not apply. A Temporary
Commercial Permit for a Special Event Parking Lot shall be valid for a period of one year from
the date of issuance.

e. Temporary Parking Lot Development Standards


A temporary parking lot is a parking lot that is developed as an interim use of land for a limited
time period, and is not intended to serve as required parking for a development. Approval for a
temporary parking lot may be for a period not to exceed three years. Any request to extend this
time period shall be by means of an Extension of Time application, as set forth in LVMC Title 19,
and shall be subject to review and approval by the City Council. The lot shall have a paved
surface and shall be striped. Bumpers or tire stops shall be provided for all parking spaces
directly abutting a sidewalk, landscape area, street, or alley. A minimum of two of the following
options must be provided to satisfy the landscaping and screening requirements for the parking
lot:

(a) Streetscape amenities in accordance with the applicable streetscape standards herein for
the street frontage(s) that immediately abut the site; or

(b) A 42-inch high ornamental screen fence installed along the street frontage line(s) in
conformance with the applicable parking screening standards herein; or

(c) A permanent artistic installation as approved by Staff for the street frontage(s) that
immediately abut the site, to be properly maintained through the duration of the temporary
parking lot interim use; or

(d) A five-foot wide perimeter landscape buffer provided along the front and comer side yard
setback lines, planted with a minimum of five-gallon shrubs so as to form a continuous hedge
along the frontage lines of the property; or

(e) A minimum of ten square feet of landscape area for each parking space, with a minimum of
one shade tree for every six parking spaces.

Applications for temporary parking lots shall be reviewed and processed in accordance with the
process and standards for a Minor Review of Site Development Plan under LVMC Title 19.

f. Permanent Parking Lot Development Standards


All permanent off-street surface parking lots shall be paved and include access aisles and
driveways. Surface treatments including paving and striping shall be maintained in good
condition at all times. Surface parking lots shall provide a minimum of one shade tree for every
six uncovered spaces in landscaped islands and/or on the perimeter of the lot. A minimum of
ten square feet of landscaped surface area must be provided for each parking space. Bumpers

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or tire stops shall be provided for all parking stalls heading into a sidewalk, landscaped area,
street, or alley. Each shall be installed at a minimum of two feet from the beginning of that
sidewalk, landscaped area, street, or alley. Applications for permanent parking lots shall be
reviewed and processed in accordance with the process and standards for a Major Review of
Site Development Plan under LVMC Title 19.

g. Parking Lot Access


When possible, adjacent parcels requiring access drives shall share a common centrally located
access drive. Wherever a driveway is abandoned, the owner shall remove all driveway
pavement and approach; re-install curb and gutter, and landscape the area to match the
adjacent landscaping/streetscape.

h. On-Street Valet Parking


On-Street Valet parking is permitted within the Downtown Las Vegas (DTLV-O) area. Requests for
an on-street valet parking permit must be made in writing and shall be accompanied by a filing
fee to the City Traffic Engineer. A right-of-way usage fee may also apply. The City Traffic Engineer
is solely responsible for issuing on-street valet permits with conditions that are in the best
interest of the City and the general safety of the public.

4. DTLV-O Area 1 Streetscape Standards

a. Right-of-Way Improvements

All streets shall have a five foot amenity zone and a 10-foot wide, unobstructed sidewalk
(Figure 6). The surface of the sidewalk should appear as a consistent pattern. At the corners,
the sidewalk must ramp down to provide for handicapped access and have stamped pattern
concrete. The entire 10-foot width of public right-of-way sidewalks shall not exceed a 2 percent
slope. All new developments shall provide and install light fixtures, benches, trash and recycling
receptacles and tree grates or wells filled with crushed granite or other material as approved by
Staff. Placement and spacing of light fixtures shall be as directed by Public Works. Supporting
landscape and streetscape improvements shall be incorporated into the streetscape design
including lighting, and other landscape elements such as freestanding planters, planter boxes
and hanging baskets. Streetlights and decorative pedestrian lights shall be incorporated into
any new streetscape improvements per district standards. Overhead lights must provide the
ambient light necessary for safety and traffic operations and must meet City of Las Vegas
Department of Public Works standards. Pedestrian lights should be placed in a clear geometric
pattern with regular spacing to add a sense of order to the street. Roadway lighting shall be
installed per the Public Works approved standards.

b. North-South Streets

Las Vegas Boulevard, Casino Center north of Charleston, Fourth Street and 3rd Street south of
Charleston shall be designed thematically with Deglet-Noor Date Palms or similar type palms as
the primary landscape element; said trees shall be 25 feet or greater in height and be spaced at
30-foot increments. All other north-south streets shall have drought-tolerant shade trees as

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approved by staff and shall be 36-inch box trees at 20 feet intervals. Landscaped medians may
have either palm trees or shade trees.

c. East-West Streets

All east-west streets shall have drought-tolerant shade trees as approved by staff and shall be
36-inch box trees at 20 feet intervals. Landscaped medians may have either palm trees or shade
trees.

Figure 6. Typical DTLV-O Street Section - not to scale

d. Flood Control Development Standards

When the finished floor elevation of the ground floor of a building must be raised above the
grade of the adjacent public sidewalk due to flood control purposes, any stairs or ramps to the
new finished floor elevation must be accommodated on private property and not within the

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public right-of-way in order to maintain a consistent 10 feet wide public sidewalk. Said stairs or
ramps should be accommodated within an exterior arcade or similar architectural feature.

Figure 7. Typical DTLV-O intersection

d. Bus Turnouts

Charter bus drop-off areas shall be provided in close proximity to the entrances of newly
constructed hotels. Parking for buses shall be accommodated off-site or in a remote, non-
obtrusive location so as not to interfere with the normal flow of traffic. As appropriate, public
bus turnouts shall be required to accommodate bus stops outside existing travel lanes as
required by Public Works.

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5. DTLV-O Area 1 Architectural Design Standards
a. Roofs and rooftops shall be designed with consideration of minimization of the Urban Heat
Island effect. Light color paint or materials with albedo 0.50 or higher shall be used, as
approved by Staff. All mechanical equipment shall be screened from street level and
surrounding building views.

b. An articulated roofline and/or an articulated cornice shall be designed as a major feature at


or near the top of all new buildings and be continuous on all sides.

c. Extended, blank, expressionless walls at the street level shall be prohibited. The use of
expression lines and expression zones utilizing materials, colors, and/or relief shall be required
in the pedestrian zone to create visually interesting facades.

d. The use of arcades, awnings and canopies on the ground floor of a building is required unless
waived by City Council as part of a site development plan review. A license agreement to
encroach as approved by Public Works Staff is required.

e. The main entry of the building from the street shall be appropriately articulated in the
architectural design of the building. This shall be accomplished through change in materials,
colors, and/or the amount of detailing around the entry; having the entry slightly recessed or
protruding from the primary building line; and/or through the use of canopies or awnings, etc.

f. Reflective or tinted glass shall not exceed 60 percent of the overall exterior enclosure of any
building. Reflectivity of any glass shall not exceed 22 percent reflectivity index. Only non-
reflective clear glass or non-reflective tinted glass with a visible light transmittance of about 60
percent shall be used on ground floors in all pedestrian-oriented areas.

g. Architectural details shall be carried on all sides of a building.

6. DTLV-O Area 1 Signage Standards


a. The design, installation, and maintenance of all signs shall be in full conformance with Title
19.06.140 Residential Sign Standards and Title 19.08.120 Commercial Sign Standards, as revised
and amended.

b. Signage for parcels adjacent to Las Vegas Boulevard shall be in full conformance with Title
19.10.160, Las Vegas Boulevard Scenic Byway Overlay District. All signage is subject to the
Downtown Design Review Committee review and approval process.

7. DTLV-O Area 1 Landscape Standards


a. All landscape plans must comply with the City of Las Vegas Municipal Code Title 14.11
Drought Plan. Where landscape standards differ in the Interim Downtown Las Vegas Urban
Form Standards, Title 14.11 will prevail.

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b. Landscape and irrigation plans may be combined on the same drawing with required Site
Development Plan when lot coverage allows for perimeter landscaping.

c. At Staffs direction, perimeter landscaping may be required depending on the design of the
project and its relationship to the lot and/or the surrounding area.

d. Where perimeter landscape is required, the minimum requirement will be one 24 box tree
every 20 feet on center with four (5) gallon shrubs per each required tree.

e. Ground covers shall be installed in all landscaped areas. Non-vegetative ground covers shall
include, but not be limited to, rocks and small stones, and crushed rock to a minimum depth of
two inches in all areas.

f. When a project is proposed with turf in its landscape design it will be limited to a maximum of
25% of total landscaped area for commercial and industrial projects and a maximum of 30% for
a multi-family project.

g. The clustering of plant material into groups of three or more plants is encouraged.

h. All landscape and irrigation plans shall be prepared and stamped by a registered Architect,
Landscape Architect, Residential Designer or Civil Engineer.

8. DTLV-O Area 1 Construction Standards


a. Noise. The entire Downtown Las Vegas Overlay Area 1 shall be considered a commercial use
district as related to the noise ordinance, per Title 9.16.

b. Construction Fences. Construction fences within Area 1 of the DTLV-O Downtown Las Vegas
Overlay shall be subject to the requirements listed in Title 19.16.160, Temporary Commercial
Permit. In addition to the requirements listed in Title 19.16.160, the following standards shall
also apply:

1. The construction fencing shall be no higher than 12 feet.

2. Plywood fencing with a canopy over the sidewalk providing a covered walkway shall be
required wherever multi-level construction is occurring adjacent to the sidewalk. These covered
walkways must be designed per International Building Code Chapter 33, Section 3306 and
permitted through the Building Department. Sidewalk closures with pedestrian detouring will
not be permitted in lieu of the walkway canopy unless authorized by the City Traffic Engineer.

c. Construction and Real Estate Signs. Permits for construction and real estate signs shall be
issued in accordance with Title 19.08.12and Title 19.16.200 In addition, the following standards
shall apply:

1. Construction signs shall be located on the same site as the approved development, or on the
same site as an approved construction yard for that specific development. Real estate signs

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may be located on the same site as the approved development, or on the same site as an
approved Temporary Real Estate Sales Office where allowed.

2. Complimentary directional signage is permitted only for businesses that are directly affected
by the new project.

3. Construction and real estate signs may be located directly on construction fencing. In such
cases, the minimum setback requirements, maximum area requirements, minimum
clearance requirements, and maximum number requirements shall not be automatically
applied. Such signage shall be issued via the subdivision development sales signs, a
temporary sign permit for up to 24 months. Freestanding construction and real estate signs
shall be subject to the requirements listed in Title 19.08.120(G).

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9. DTLV-O Area 1 Requirement Threshold Matrix Table 1

Civil
Approval Streetscape Parking
Definition Improvements /
Process Requirements Requirements
Utilities

Building
Modification to the
Permit
type of
business activity
Business
License
Faade
Civil Plans May be
improvement
Special Use required
Change of Permit (if if new use requires No additional
Interior remodel
use/ required) Streetscape No upgraded parking required;
(no Net Floor
interior utilities or Fire/Life upgrade handicap
Area expansion to
remodel/ Lot Landscaping Safety spaces to
existing
faade Encroachment No improvements federal standards
structure)
rehab Permit only
(if required) Utilities
Fire/Life Safety or
Fire Permit (if underground No
ADA
required)
accessibility
upgrades
DDRC
approval -
Signage
signage

Building
Civil Plans May be
Permit
Streetscape Not required
Business
required; if new use requires
License
Modification to an Covenant Running upgraded
Special Use
existing with Land utilities or fire/life
Permit (if
structure resulting agreement required safety
required) No additional
in Net Floor to obtain improvements
Building parking required;
Area expansion not property owners Utilities
Expansion Encroachment upgrade handicap
to exceed consent for underground Not
(TI): Permit spaces to
10% or 5,000 SF future streetscape required; Covenant
Category I (if required) federal standards
(whichever is improvements Running
Fire Permit (if only
less) of floor area of Lot landscaping with Land agreement
required)
the existing No required to
Flood Control
structure obtain property
Review finish
owners consent
floor elevation
for future
improvements

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Approval Streetscape Civil Improvements Parking
Definition
Process Requirements / Utilities Requirements

Majority block
Modification Site Development Majority block
frontage (over
to an existing Plan Review frontage (over
50%) All
structure (SDR) per Title 50%) Underground
improvements
resulting in Net 19.16 utilities
required
Floor Building Permit required Refer to Interim
Partial block
Area Business License Partial block frontage Downtown Las
frontage (50% or
Building expansion Special Use (50% or Vegas Urban
less)
Expansion (TI): exceeding Permit (if required) less) Covenant Form Standards
Covenant
Category II 10% Encroachment Running with for parking
Running with
or 5,000 SF Permit Land agreement requirements
Land agreement
(whichever is (if required) required to
required to
less) Fire Permit obtain property
obtain property
of floor area of Flood Control owners consent
owners consent
the existing Review finish for future
for future
structure floor elevation improvements
improvements

Majority block
Majority block
frontage (over
frontage (over
50%) All
Site Development 50%) underground
improvements
Plan Review utilities
required
(SDR) per Title required
Partial block
19.16 Partial block frontage
frontage (50%
Modification Building Permit (50%
or less) any Refer to Interim
to the type Business License or less)
streetscape not Downtown Las
Development Special Use undergrounding not
implemented Vegas Urban
New Development of new Permit (if required) implemented due to
due to existing Form Standards
principal Encroachment existing
conditions for parking
structure on- Permit conditions will require
will require a requirements
site (if required) a
Covenant
Fire Permit Covenant Running
Running with
Flood Control with Land to
Land to obtain
Review finish obtain property
property owners
floor elevation owners consent
consent for
for future
future
improvements
improvements

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B. Area 2

Figure 8. DTLV-O Area 2

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1. DTLV-O Area 2 Standards
All development occurring within Area 2 of the DTLV-O Vision 2045 Downtown Masterplan
Overlay (See Figure 8) shall conform to Title 19 of the Las Vegas Municipal Code.

2. DTLV-O Area 2 Deviations


Any deviation from Title 19 Development Standards that supports the Citys goals as expressed
in the Vision 2045 Downtown Las Vegas Masterplan and the districts goals and descriptions as
per Chapter II of this document may only be granted by the City Council when supported through
clear and convincing evidence, and shall require the approval of a Waiver per Section I.H.2 of this
document.

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C. Area 3

Figure 9. DTLV-O Area 3

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1. DTLV-O Area 3 Standards
All development occurring within Area 3 of the DTLV-O Downtown Las Vegas Overlay (See Figure
9) shall conform to the Special Area Plans and related standards as stated in the subsections
below.

a. Las Vegas Medical District


All development occurring within Area 3a of the DTLV-O Downtown Las Vegas Overlay shall
conform to the Las Vegas Medical District Plan, as adopted by the Las Vegas City Council on June
19, 2002 and amended through August 1, 2007.

b. Symphony Park
All development occurring within Area 3b of the DTLV-O Downtown Las Vegas Overlay shall
conform to the Symphony Park Design Standards, as adopted by Ordinance No. 6311 by the Las
Vegas City Council on April 2, 2014.

2. DTLV-O Area 3 Deviations


Any deviation from the Special Area Plans and related standards that supports the Citys goals as
expressed in the Vision 2045 Downtown Las Vegas Masterplan and the districts goals and
descriptions as per Chapter II of this document may only be granted by the City Council when
supported through clear and convincing evidence, and shall require the approval of a Waiver per
Section I.H.2 of this document.

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IV. Outdoor dining and entertainment standards

A. Outdoor Dining and Entertainment Standards: Public Sidewalk Areas and


Private Property
The standards of this subsection apply to outdoor dining that occurs or is proposed to occur
within public sidewalk areas and on private property. For the purposes of this subsection, the
term outdoor dining and outdoor dining area refer to dining within the area of a public
sidewalk or similar pedestrian area, unless the context refers otherwise.

1. Objective and Intent


The objective of establishing the Outdoor Dining Standards is to promote pedestrian-friendly use
of public sidewalks and similar pedestrian areas in connection with providing economic
opportunities for ground floor food and/or beverage establishments. The Outdoor Dining
Standards have been developed to ensure that the space used for outdoor dining is consistent
with the general design of the public right-of-way and to allow for adequate pedestrian
circulation. The Outdoor Dining Standards are also intended to guide applicants with the design
of outdoor dining areas, establish or enhance an identifiable sense of place, create a comfortable
and interesting pedestrian environment, maintain a continuous and visible pedestrian activity
between nodes and building anchors, and provide minimum standards for beautification.

2. Requirements

a. Outdoor dining is only allowed within Area 1 of the DTLV-O Downtown Las Vegas Overlay
(Figure 4) in conjunction with a licensed food or beverage establishment permanently located at
the subject site. This section does not apply to open air vendors, food carts, and food trucks.

B. Standards
Outdoor dining otherwise permitted within the underlying zoning district may be permitted to
take place within a public sidewalk area, private property, or similar pedestrian area, but only in
accordance with the Outdoor Dining Standards. The location requirements as well as the barrier
requirements are set forth in section 1 and 2 of this subsection. Unless otherwise specified in this
Section, the following standards shall apply to outdoor dining in public sidewalk areas as well as
on private property.

1. Location

a. Public Sidewalks. Outdoor dining may occur only as an accessory use to a food or
beverage establishment and may be permitted only in the public sidewalk or similar pedestrian
area immediately adjacent to the front of the establishment. The dining area may not extend

53 | P a g e
beyond the boundaries of the abutting property and shall not be located in a manner that
interferes with the building egress and ingress as required by the International Building Code
(IBC). No outdoor dining area may be located within twenty feet of an intersection or within ten
feet of a driveway or alley. Where approved by the Department of Public Works, outdoor dining
in a public sidewalk or similar pedestrian area may occupy up to two thirds of the total width of
the sidewalk or available pedestrian area. In the case of a sidewalk or similar pedestrian area up
to 15 feet wide, there shall remain a minimum pedestrian clearance of five feet. For sidewalks or
similar pedestrian areas with a greater width, the minimum pedestrian clearance is eight feet.
This minimum clearance area must occur between any outdoor dining and a continuous line that
represents where sidewalk or pedestrian area obstructions are located. Such obstructions
include without limitation tree planters, landscape planters, street furniture, streetlight poles,
utility poles, fire hydrants, sign posts, and permitted news racks.

b. Private Property
Outdoor dining may occur only as an accessory use to a food or beverage establishment, and
shall only be permitted on private property, except as otherwise allowed under this section. The
outdoor dining or seating areas shall not extend onto adjacent properties or rights-of-way. The
outdoor dining or seating areas shall not be located in a manner that interferes with building
egress and ingress as required by the International Building Code (IBC).

2. Roofing
Will be addressed on a case-by-case basis.

3. Furniture
All furnishings within an outdoor dining area shall be movable and made of sturdy, durable and
commercial grade material. They shall be designed to complement the design theme of the
business. Ordinary plastic lawn chairs and tables and similar furniture are not acceptable.

4. Trash Enclosures

a. Public Sidewalks.
Trash receptacles are not permitted within the outdoor dining area or the adjacent public
sidewalk.

5. Lighting

a. Public Sidewalks.
Lighting, when provided, shall be shielded and of low wattage so as to illuminate only the outdoor
dining area and so as to avoid producing glare that has a negative impact on pedestrian traffic,
surrounding properties or rights-of-way. The design of the light fixtures shall be compatible with
the architectural theme of the building and business.

6. Maintenance

54 | P a g e
Outdoor dining and seating areas shall be kept in good state of repair and maintained in a clean,
safe and sanitary condition. Any item of furniture or equipment that is broken, rusting, degraded,
torn, or tattered shall be removed promptly. The outdoor dining area must be swept and mopped
every night after closing, and kept clean of food or other refuse.

7. Music and Live Entertainment


Music and Live Entertainment are permitted as an accessory amenity. Any music or
entertainment will comply with applicable noise ordinances and standards.

8. Alcoholic Beverage Service


Alcoholic beverage service in outdoor seating areas shall conform to LVMC Title 6.

C. Encroachment Approval
Any dining or entertainment to take place within the public right-of-way shall require approval
of a license agreement to encroach as approved by Public Works Staff or an agreement pursuant
to LVMC 13.32.065.

55 | P a g e
TXT-66412
Agenda Item No.: 80.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
TXT-71338 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For possible action on a request to amend LVMC 19.12 and 19.18 related to the
Liquor Establishment (Tavern) use, to amend LVMC Title 6 related to a General On-Sale
License, and to provide for other related matters. Staff recommends APPROVAL.

THIS ITEM WILL BE FORWARDED TO CITY COUNCIL IN ORDINANCE FORM

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL

BACKUP DOCUMENTATION:
1. Proposed Amendments and Staff Report
TXT-71338

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
TXT-71339 Staff recommends APPROVAL.

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED N/A

NOTICES MAILED Newspaper Notification Onlyl

APPROVALS 0

PROTESTS 0

SG
TXT-71338
Proposed Amendment Page One
September 12, 2017 - Planning Commission Meeting

** PROPOSED AMENDMENTS **
1. Title 19.12.070 is hereby amended by amending the description for the Liquor
Establishment (Tavern) use as follows:

Liquor Establishment (Tavern):


A facility which sells alcoholic beverages for consumption on the premises where the
same are sold and authorizes the sale, to consumers only and not for resale, of
alcoholic beverages in original sealed or corked containers, for consumption off the
premises where the same are sold.

Minimum Special Use Permit Requirements:


* 1. Pursuant to its general authority to regulate the sale of alcoholic beverages, the
City Council declares that the public health, safety and general welfare of the City
are best promoted and protected by generally requiring both a minimum
separation between liquor establishments (tavern), and a minimum separation
between a liquor establishment (tavern) and certain other uses that should be
protected from the impacts associated with a liquor establishment (tavern).
Therefore, except as otherwise provided below, no liquor establishment (tavern)
may be located within 1500 feet of any other liquor establishment (tavern),
church/house of worship, school, individual care center licensed for more than 12
children, or City park.
* 2. The distance separation referred to in Requirement 1 shall be measured with
reference to the shortest distance between two property lines, one being the
property line of the proposed liquor establishment (tavern) which is closest to the
existing use to which the measurement pertains, and the other being the property
line of that existing use which is closest to the proposed liquor establishment
(tavern). The distance shall be measured in a straight line without regard to
intervening obstacles.
* 3. For the purpose of Requirement 2, and for that purpose only:
a. The property line of a protected use refers to the property line of a fee
interest parcel that has been created by an approved and recorded parcel
map or subdivision map, and does not include the property line of a leasehold
parcel; and
b. The property line of a liquor establishment (tavern) refers to:
i. The property line of a parcel that has been created by an approved and
recorded parcel map or commercial subdivision map; or
ii. The property line of a parcel that is located within an approved and
recorded commercial subdivision and that has been created by a record of
survey or legal description, if:
A. Using the property line of that parcel for the purpose of measuring the
distance separation referred to in Requirement 1 would qualify the
parcel under the distance separation requirement;

SG
TXT-71338
Proposed Amendment Page Two
September 12, 2017 - Planning Commission Meeting

B. The proposed liquor establishment (tavern) will have direct access


(both ingress and egress) from a street having a minimum right-of-way
width of 100 feet. The required access may be shared with a larger
development but must be located within the property lines of the parcel
on which the proposed liquor establishment (tavern) will be located;
C. All parking spaces required by this Subchapter 19.12.070 for the liquor
establishment (tavern) use will be located on the same parcel as the
use; and
D. The owners of all parcels within the commercial subdivision, including
the owner of agreement, satisfactory to the City Attorney, that provides
for perpetual, reciprocal cross-access, ingress and egress throughout
the commercial subdivision.
4. The distance separation requirement set forth in Requirement 1 does not apply to
an establishment which has a non-restricted gaming license in connection with a
hotel having 200 or more guest rooms on or before July 1, 1992, or in connection
with a resort hotel having in excess of 200 guest rooms after July 1, 1992.
5. The distance separation requirement set forth in Requirement 1 may be waived
in accordance with the provisions of LVMC 19.12.050(C), but only in connection
with a proposed liquor establishment (tavern) that:
a. Will be located on a parcel within the C-V District, the Parkway Center District
within the Downtown Centennial Plan, the Gaming Enterprise Overlay District,
or the Downtown Casino Overlay District;
b. Will be located on a parcel or within a building that, pursuant to State law or
City ordinance, has been designated as an historic property, historic building,
or landmark;
c. Will be located within a regional mall; or
d. Will be located within a mixed-use development
i. That has been approved by means of Special Use Permit pursuant to
LVMC Chapters 19.12 and 19.16 ;
ii. That has a minimum net site area of 15 acres; and
iii. Whose gross floor area of nonresidential space is a minimum of 250,000
square feet; or
e. Will be separated from the existing use by a street or highway with a
minimum right-of-way width of 100 feet.
f. Will have a general on-sale license and be operated in conjunction with an
establishment subject to the provisions of LVMC Chapter 6.50.060.
* 6. The use shall conform to, and is subject to, the provisions of LVMC Chapters
6.40 and 6.50.

SG
TXT-71338
Proposed Amendment Page Three
September 12, 2017 - Planning Commission Meeting

2. LVMC Chapter 6.50.020 is hereby amended by amending the definition of


Amusement Theme Park to read as follows:

Amusement theme park means a business which has at least one hundred
thousand (100,000) square feet of public floor space, is operated on a permanent
basis, and is designed to provide amusement, pleasure or relaxation and promotes
some theme, motif or concept, including rides, roller coasters, arcade or game
rooms, interactive entertainment center for entertainment or amusement of the
public, together with any incidental sale of refreshments, food, beverages (non-
alcoholic and alcoholic), gifts or novelties.

3. LVMC Chapter 6.50.060 is hereby amended by amending the definition of Alcoholic


beverage license - General on-sale to read as follows:

(A) Authorizes the sale of alcoholic beverages for consumption on the premises of
a licensed golf course establishment, a sports arena, a cultural establishment,
a convention center or an amusement theme park where alcohol sales are
incidental to the primary business.
(B) If requested by the Director or Metro on an event by event basis, the licensee
shall require that alcoholic beverages be sold and consumed only in a
segregated and secured area wherein only persons twenty-one years of age or
older are permitted to enter.
(C) The condition set forth in Subsection (B) does not apply to sporting events
held at a convention center or sports arena.

SG
TXT-71338
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request to amend LVMC Title 19.12.070 by adding a minimum Special Use
Permit requirement to the Liquor Establishment (Tavern) use that would allow a Waiver
of the distance separation requirements for establishments that would be licensed as
General On-Sale establishments, pursuant to Title 6.50.060. LVMC Title 6.50.020 will
also be amended to provide a definition of what constitutes an Amusement Theme
Park.

ANALYSIS

Under current code requirements in the City of Las Vegas, establishments wishing to
operate under a General On-Sale business license must first obtain a corresponding land
use approval for the sale of alcohol. In order to provide full-service alcohol sales, that land
use approval is a Special Use Permit for a Liquor Establishment (Tavern) use, which has
minimum distance separation requirements that may only be waived under certain
circumstances. The establishments eligible for a General On-Sale license are usually
larger scale operations that generally do not have the same secondary impacts on the
adjacent developments as a traditional tavern due to the nature and location of the use.

Pursuant to Chapter 6.50.060, a General On-Sale license provides as follows:


(A) Authorizes the sale of alcoholic beverages for consumption on the premises of a
licensed golf course establishment, a sports arena, a cultural establishment, a
convention center or an amusement theme park where alcohol sales are
incidental to the primary business.
(B) If requested by the Director or Metro on an event by event basis, the licensee
shall require that alcoholic beverages be sold and consumed only in a
segregated and secured area wherein only persons twenty-one years of age or
older are permitted to enter.
(C) The condition set forth in Subsection (B) does not apply to sporting events
held at a convention center or sports arena.

SG
TXT-71338
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

This amendment would add a definition in Title 6.50.020 to define what constitutes an
amusement theme park:

Amusement theme park means a business which has at least one hundred
thousand (100,000) square feet of public floor space, is operated on a permanent
basis, and is designed to provide amusement, pleasure or relaxation and
promotes some theme, motif or concept, including rides, roller coasters, arcade
or game rooms, interactive entertainment center for entertainment or amusement
of the public, together with any incidental sale of refreshments, food, beverages
(non-alcoholic and alcoholic), gifts or novelties.

A Minimum Special Use Permit Requirement will be added to the Liquor Establishment
(Tavern) use to allow a waiver of the distance separation from protected uses to be
requested at a location that will be licensed as a General On-Sale Establishment. This
would allow the City of Las Vegas to approve the sale of alcohol for consumption on the
premises of a limited number of well-defined establishments that are generally large scale
operations where the sale of alcohol is ancillary to the primary use. Additional conditions
regarding the sale of alcohol could be imposed as needed on either the Special Use
Permit or the business license, whichever is more appropriate.

These changes will allow the City of Las Vegas flexibility and discretion regarding the
permitting and licensing of the sale of alcohol for on premise consumption at venues that
provide entertainment to Las Vegas residents and visitors on a larger scale, where the
sale of the alcohol is ancillary to the primary use. Currently, these types of venues are
limited in where they may locate due to the distance separation restrictions.

FINDINGS

This amendment will accomplish the following:

1. With the approval of a Special Use Permit, allow the sale of full alcohol for on-
premise consumption to be approved at specified locations that meet certain criteria
where the sale of alcohol is ancillary to the primary use.
2. Add a Minimum Special Use Permit Requirement to LVMC Title 19.12 for the Liquor
Establishment (Tavern) use that would allow a Waiver of the distance separation
requirements for establishments to be licensed as a General On-Sale establishment,
pursuant to Title 6.50.060.
3. Add a definition to LVMC Title 6.50.020 for an amusement theme park.

SG
Agenda Item No.: 81.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
TXT-71381 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For possible action on a request to amend LVMC Title 19.12 and 19.18 related to
the Package Liquor Off-Sale Establishment use, LVMC Title 6 related to the Ancillary Craft
Distillery license and fees, and to provide for other related matters. Staff recommends
APPROVAL.

THIS ITEM WILL BE FORWARDED TO CITY COUNCIL IN ORDINANCE FORM

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL

BACKUP DOCUMENTATION:
1. Proposed Amendments and Staff Report
TXT-71381

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
TXT-71381 Staff recommends APPROVAL.

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED N/A

NOTICES MAILED Newspaper Notification Onlly

APPROVALS 0

PROTESTS 0

SG
TXT-71381
Proposed Amendment Page One
September 12, 2017 - Planning Commission Meeting

** PROPOSED AMENDMENTS **

1. Title 19.12.010 Table 2 (Permitted Uses) is hereby amended by amending the


following entries:

R-MH

C-PB
R-CL
R-TH
R-SL

C-M
R-D

P-O

C-D
R-E

R-1

R-2
R-3
R-4

C-1
C-2

M
O
U
Package
Liquor Off-Sale S S S S S
Establishment

2. Title 19.12.070 is hereby amended by amending the description for the


Package Liquor Off-Sale Establishment use as follows:

Package Liquor Off-Sale Establishment Description:

An establishment, other than a grocery store with alcohol, whose license to sell
alcoholic beverages authorizes their sale to consumers only and not for resale, in
original sealed or corked containers, for consumption off the premises where the
same are sold. This use includes an establishment that provides on-premises
wine, cordial and liqueur tasting if the licensee also holds a wine, cordial and
liqueur tasting license for that location. This land use entitlement shall only permit
the consideration of LVMC Title 6 package alcoholic beverage licenses for the
types of establishments specifically enumerated at LVMC 6.50.170(B)(2) (liquor
store) and (3) (establishment for instructional wine-making pursuant to LVMC
6.50.100(2).

Minimum Special Use Permit Requirements:

* 1. Distance Separation Requirements. Pursuant to its general authority to


regulate the sale of alcoholic beverages, the City Council declares that the
public health, safety and general welfare of the City are best promoted and
protected by generally requiring both minimum separation between a package
liquor off-sale establishment and other uses that should be protected from
impacts associated with a package liquor off-sale establishment and/or
possible impacts associated with the saturation of package liquor off-sale
establishments in any particular area of the City. Therefore, except as
otherwise provided herein, such package liquor off-sale establishment use
shall be separated from other uses as indicated below:
*a. Except as otherwise provided, no package liquor off-sale establishment
(hereinafter establishment) shall be located within 400 feet of any
church/house of worship, school, individual care center licensed for more
than 12 children, or City park.

SG
TXT-71381
Proposed Amendment Page Two
September 12, 2017 - Planning Commission Meeting

*b. Except as otherwise provided, no liquor store shall be located within 1000
feet of any other liquor store, liquor establishment (tavern), urban lounge
or sexually oriented business.
* 2. Except as otherwise provided in Requirement 3 below, the distances referred
to in Requirement 1 shall be determined with reference to the shortest
distance between two property lines, one being the property line of the
proposed establishment which is closest to the existing use to which the
measurement pertains, and the other being the property line of that existing
use which is closest to the proposed establishment. The distance shall be
measured in a straight line without regard to intervening obstacles. For
purposes of measurement, the term property line refers to property lines of
fee interest parcels and does not include the property line of:
a. Any leasehold parcel; or
b. Any parcel which lacks access to a public street or has no area for on-site
parking and which has been created so as to avoid the distance limitation
described in Requirement 1.
* 3. In the case of an establishment proposed to be located on a parcel of at least
80 acres in size, the minimum distances referred to in Requirement 1 shall be
measured in a straight line:
a. 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.
4. The distance separation requirement set forth in Requirement 1 does not
apply to an establishment which has a non-restricted gaming license in
connection with a hotel having 200 or more guest rooms on or before July 1,
1992, or in connection with a resort hotel having in excess of 200 guest
rooms after July 1, 1992.
5. The distance separation requirement set forth in Requirement 1 may be
waived in accordance with the provisions of LVMC 19.12.050(C), but only in
connection with a proposed Package Liquor Off-Sale Establishment that will
have an Ancillary Craft Distillery business license and that will be operated in
conjunction with a Craft Distillery, as defined in NRS 597.
*5 6. All businesses which sell alcoholic beverages shall conform to the
provisions of LVMC Chapter 6.50.
*6 7. No package liquor off-sale use shall be permitted on or adjacent to the
Pedestrian Mall, as defined in LVMC Chapter 11.68.
*8 The Package Liquor Off-Sale Establishment use is permitted in the C-PB
zoning district only when it is ancillary to a Craft Distillery, as defined in NRS
597.

SG
TXT-71381
Proposed Amendment Page Three
September 12, 2017 - Planning Commission Meeting

3. LVMC Chapter 6.50 is hereby amended by creating the following section:

6.05.090 Alcoholic beverage license Ancillary Craft Distillery:

(A) An ancillary craft distillery alcoholic beverage license authorizes the


manufacture and sale of craft distilled beverages at an establishment provided
that the owner or operator of such establishment maintains, in a primary
capacity, at the same location, a liquor manufacturing alcoholic beverage
license pursuant to LVMC 6.50.145 and Chapter 369 of the Nevada Revised
Statutes. In addition, such license shall only be issued subject to the following
conditions:
(1) That the manufacture and sale of the craft distilled beverages
produced at the location shall comply with all relevant State and
Federal laws regarding the manufacture and sale of craft distilled
beverages; and
(2) Prior to issuance of an ancillary craft distillery license by the City, the
applicant shall present proof of State licensure of the establishment as
a craft distillery.

(B) An ancillary craft distillery alcoholic beverage license shall only sell spirits for
on-premise consumption subject to the following conditions:
1. Only craft distilled beverages produced at the establishment may be
sold;
2. An annual on-premise consumption event schedule must be submitted to
the Department for approval and must include the following:
i. Date, hours, and description of the events
ii. Approximate number of persons expected to attend the events
iii. Attestation that only those ages 21 years and older may be in
attendance
3. A schedule shall not be approved by the Department in excess of two,
four-hour periods in any one month.
4. The application shall file a security plan that must be approved by the
Director.
5. Any approved schedule shall not be changed without a minimum of
fifteen days written notice to the Department.
6. No permanent bar structures shall be allowed.
7. An event schedule may be denied, suspended, or revoked by the
Director if the licensee violates any provision of this Chapter, any policy
adopted by the Director regarding such activity.

SG
TXT-71381
Proposed Amendment Page Four
September 12, 2017 - Planning Commission Meeting

(C) Notwithstanding any provision of this Chapter that might otherwise prohibit or
limit the activity, the holder of a craft distillery alcoholic beverage license may
serve samples of the manufactured craft distilled beverage to consumers
pursuant to NRS 597.235.

(D) Notwithstanding any provision of this Chapter that might otherwise prohibit or
limit the activity, the holder of a craft distillery alcoholic beverage license may
sell for off-site consumption manufactured craft distilled liquor to consumers
pursuant to NRS 597.235.

4. LVMC Chapter 6.50.360 is hereby amended to read as follows:

6.50.360 - License fees.

Each licensee shall pay to the Department in advance, the semiannual license
fees set forth in the following schedule:

License Category Semiannual License Fee (Dollars)

Alcoholic beverage caterer $500.00


500.00 per category authorized or 1% of gross sales,
Ancillary
whichever is greater
Ancillary craft distillery 500.00 or 1% of gross sales, whichever is greater
500.00 or 1% of sales to licensed wholesale dealers,
Ancillary brew pub
whichever is greater
Ancillary lounge bar 1,200.00
Banquet or event
500.00
establishment
Beer and wine room 700.00

SG
TXT-71381
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request to amend LVMC Title 19.12.010 Table 2 and 19.12.070 by adding
Package Liquor Off-Sale Establishment as a use that can be permitted within the C-
PB (Planned Business Park) zoning district by means of a Special Use Permit. It would
allow a waiver of the distance separation requirements to be requested under specified
circumstances and limit the use as ancillary within the C-PB zoning district by adding
Minimum Special Use Permit Requirements. This request would also amend LVMC
6.50 to add a new section 6.50.090 Alcoholic beverage license Ancillary Craft
Distillery, as well as associated fees to the table in section 6.50.360.

ANALYSIS

Under current code requirements in the City of Las Vegas, a liquor manufacturer that
operates as a Craft Distillery pursuant to NRS 597 cannot provide samples of the products
that they produce, nor sell them directly to the public without the approval of a Special Use
Permit for a Package Off-Sale Liquor Establishment. Approval of this type of Special Use
Permit is subject to certain distance separation requirements regarding churches, schools,
child care facilities, city parks, liquor stores, liquor establishments (taverns) and sexually
oriented businesses. These requirements severely limit the locations available for the use.

The Package Liquor Off-Sale use is currently not permitted in the C-PB zoning district;
however, a liquor manufacturer may be permitted if the operation qualifies as a Light
Manufacturing use. This amendment would allow the Package Liquor Off-Sale use to be
permitted in the C-PB district via approval of a Special Use Permit, but would limit the use
by a non-waivable Special Use Permit Requirement as ancillary to a Craft Distillery as
defined in NRS 597.

Generally, Craft Distilleries have a limited scope of operation in that sales of product may
not exceed certain quantity thresholds, as defined in NRS 597. These facilities are also
limited to sales of products that are made by the manufacturer. Because the scope of the
operation is so limited, the secondary impacts on the surrounding development, including
protected uses, are minimal. In addition, this amendment will bring the City of Las Vegas
into alignment with NRS regarding the Craft Distillery use.

SG
TXT-71381
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

FINDINGS

This amendment will accomplish the following:

1. With the approval of a Special Use Permit, allow the sales of package liquor for off-
premise consumption to be approved in the C-PB zoning district.
2. Add a Minimum Special Use Permit Requirement to LVMC Title 19.12 for the
Package Liquor Off-Sale Establishment use in the C-PB zoning district that restricts
the use as ancillary to establishments licensed as an Ancillary Craft Distillery,
pursuant to Title 6.50.090.
3. Add a Minimum Special Use Permit Requirement to LVMC Title 19.12 for the
Package Liquor Off-Sale Establishment use that would allow a Waiver of the
distance separation requirements for establishments licensed as an Ancillary Craft
Distillery, pursuant to Title 6.50.090.
4. Add Chapter 6.50.090 to authorize a new business license category entitled
Alcoholic beverage license Ancillary Craft Distillery.
5. Add an applicable license fee structure to the table provided in 6.50.360.

SG
Agenda Item No.: 82.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
TXT-71382 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For possible action on a request to amend LVMC 19.12 and 19.18 related to the
Animal Keeping and Husbandry use, and to provide for other related matters. Staff has NO
RECOMMENDATION.

THIS ITEM WILL BE FORWARDED TO CITY COUNCIL IN ORDINANCE FORM

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff has NO RECOMMENDATION

BACKUP DOCUMENTATION:
1. Proposed Amendment and Staff Report
TXT-71382

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
TXT-71382 Staff has NO RECOMMENDATION.

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED N/A

NOTICES MAILED Newspaper Notification Only

APPROVALS 0

PROTESTS 0

SG
TXT-71382
Proposed Amendments Page One
September 12, 2017 - Planning Commission Meeting

** PROPOSED AMENDMENTS **

1. Title 19.12.010 Table 2 (Permitted Uses) is hereby amended by amending the


following entries:

R-MH

C-PB
R-CL
R-TH
R-SL

C-M
R-D

P-O

C-D
R-E

R-1

R-2
R-3
R-4

C-1
C-2

M
O
U

Animal
Keeping & C C C C C C C C
Husbandry

2. Title 19.12.070 is hereby amended by amending the description for the Animal
Keeping and Husbandry use as follows:

Animal Keeping and Husbandry

Description: The raising, keeping and breeding of domestic or non-


domestic animals. The use must be ancillary to the principal use, but may be
conducted for commercial purposes. The use includes the keeping of animals
for the development of animal products such as meat, fur or eggs, but does not
include the keeping of animals as household pets.

Conditional Use Regulations:


1. With respect to domestic animals:
a. The applicant must submit to the Department, for administrative review and
approval, a site plan with notes indicating the number and types of animals
to be kept or reproduced on the premises.
b. No more than 3 three sheep or goats may be kept for each 20,000 square
feet of land included in the building site.
c. All operations and activities shall be in accordance with LVMC Title 7.
d. No more than one horse or cow is permitted for each 7,500 square feet of
lot area.
e. In the R-D Zoning District, no more than 2 two horses may be stabled on
the building site, and the site must have a minimum net lot size of 18,000
square feet.
f. No cattle may be kept at any location south of Cheyenne Avenue.
g. Roosters are prohibited.
h. In the R-1 and R-MH zoning districts, the use is limited to:

SG
TXT-71382
Proposed Amendment Page Two
September 12, 2017 - Planning Commission Meeting

i. The lot shall be developed for a single family residence.


ii. No more than five chickens (hens) shall be kept solely for the
production of eggs for personal consumption by the residents of the
property. Chickens shall not be bred for sale or raised for slaughter.
iii. Chickens must be contained at all times within a predator-proof coop
with a fenced-in run that is easily cleaned, well ventilated and large
enough to provide for the free movement of the chickens.
iv. Coop structures shall not be located closer than 20 feet to any
primary structure on an adjacent lot.
v. Coop structures shall comply with all requirements of LVMC Title
19.06 and 19.12 for an Accessory Structure (Class II) unless
approved otherwise by a Variance.
vi. Coop structures shall comply with all requirements of the Building
and Fire Codes.
vii. The property shall be maintained free of animal waste at all times,
and shall comply with the requirements of LVMC Title 9.40 regarding
odor nuisances.
2. With respect to non-domestic animals:
a. Animals shall be confined at all times within a secured, enclosed or fenced
area.
b. Animals which are kept outdoors must be located at least 1,500 feet from
any residential dwelling, school, individual care center licensed for more
than 12 children or public park.
c. The site must have a minimum area of 2 two acres.
d. All operations and activities shall be in accordance with LVMC Title 7.
e. Non-domestic animals are prohibited in the R-1 and R-MH zoning districts.
3. In the C-PB, C-M, and M zoning districts, the use shall be conducted entirely
within an enclosed space, except that up to one quarter of the area
containing the use may be located in the open air for ancillary educational
purposes. (C-PB, C-M, and M only)

Minimum Special Use Permit Requirements:


*1. All operations and activities shall comply with the requirements of LVMC Title
7.
*2. With respect to domestic animals:
a. Roosters are prohibited.
b. In the R-1 and R-MH zoning districts, the use is limited to:
i. The lot shall be developed for a single family residence.

SG
TXT-71382
Proposed Amendment Page Three
September 12, 2017 - Planning Commission Meeting

ii. Chickens (hens) shall be kept solely for the production of eggs for
personal consumption by the residents of the property. Chickens shall
not be bred for sale or raised for slaughter.
iii. Chickens must be contained at all times within a predator-proof coop
with a fenced-in run that is easily cleaned, well ventilated and large
enough to provide for the free movement of the chickens.
iv. Coop structures shall comply with all requirements of LVMC Title 19.06
and 19.12 for an Accessory Structure (Class II) unless approved
otherwise by a Variance.
v. Coop structures shall comply with all requirements of the Building and
Fire Codes.
vi. The property shall be maintained free of animal waste at all times, and
shall comply with the requirements of LVMC Title 9.40 regarding odor
nuisances.
*3. With respect to non-domestic animals:
a. Non-domestic animals are prohibited in the R-1 and R-MH zoning districts.

SG
TXT-71382
Staff Report Page One
September 12, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request to amend LVMC Title 19.12.010 Table 2 and 19.12.070 by adding
Animal Keeping and Husbandry as a conditional use within the R-1 (Single Family
Residential) and R-MH (Mobile/Manufactured Home) zoning districts. It will restrict the
use to lots developed for single-family residences and provide additional conditional use
regulations and minimum Special Use Permit requirements.

ANALYSIS

This amendment would conditionally allow up to five chickens to be kept for the production
of eggs for personal consumption on lots developed with single-family residences within
the R-1 (Single Family Residential) and R-MH (mobile/Manufactured Home) zoning
districts. Conditional use regulations and minimum Special Use Permit requirements have
been added to ensure that the coops are constructed in conformance to the requirements
of Title 19.06 for accessory structures, with an additional requirement for separation from a
primary residence on any adjacent lots, and to ensure that the coops and yard will be
maintained in a clean, safe manner. It further clarifies that roosters are not permitted in
any zoning district. While conditionally allowing the Animal Keeping and Husbandry use
within the R-1 and R-MH districts, this amendment does not allow the keeping of other,
larger domestic animals, such as goats or sheep, nor does it allow the keeping of non-
domestic animals within those districts.

FINDINGS

This amendment will accomplish the following:

1. It adds the Animal Keeping and Husbandry use as a conditional use in the R-1 and
R-MH zoning districts on lots that are developed for single family residences. In the
R-MH zoning district, mobile home parks are excluded.
2. It limits the use to the keeping of five chickens (hens only) solely for the production
of eggs for personal consumption (not for sale or slaughter). Larger numbers of
chickens could be approved via a Special Use Permit.

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TXT-71382
Staff Report Page Two
September 12, 2017 - Planning Commission Meeting

3. Clarifies that Roosters are prohibited in all zoning districts, and adds it as a non-
waivable minimum Special Use Permit requirement.
4. Prohibits non-domestic animals (i.e. wild or exotic animals) in the R-1 and R-MH
zoning districts.
5. Provides additional standards regarding coop structures and property maintenance
requirements.
6. Adds minimum Special Use Permit requirements for the Animal Keeping and
Husbandry use.

SG
Agenda Item No.: 83.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: SEPTEMBER 12, 2017
DEPARTMENT: PLANNING
ACTING DIRECTOR: ROBERT SUMMERFIELD

SUBJECT:
CITIZENS PARTICIPATION: PUBLIC COMMENT DURING THIS PORTION OF THE
AGENDA MUST BE LIMITED TO MATTERS WITHIN THE JURISDICTION OF THE
PLANNING COMMISSION. NO SUBJECT MAY BE ACTED UPON BY THE PLANNING
COMMISSION UNLESS THAT SUBJECT IS ON THE AGENDA AND IS SCHEDULED
FOR ACTION. IF YOU WISH TO BE HEARD, COME TO THE PODIUM AND GIVE
YOUR NAME FOR THE RECORD. THE AMOUNT OF DISCUSSION ON ANY SINGLE
SUBJECT, AS WELL AS THE AMOUNT OF TIME ANY SINGLE SPEAKER IS
ALLOWED, MAY BE LIMITED

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