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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)
Councilwoman Michele Fiore, (Ward 6)
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.

August 8, 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, 3RD
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 August 8, 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 JULY 11, 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 August 8, 2017 - Page 2


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

7. ABEYANCE - GPA-70710 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER:


EWING INVESTMENTS, LLC - For possible action on a request for a General Plan Amendment FROM: ROW
(RIGHT-OF-WAY) TO: LI/R (LIGHT INDUSTRY/RESEARCH) on 0.16 acres located on the north side of Washington
Avenue, 220 feet east of A Street (APN 139-27-601-008), Ward 5 (Barlow) [PRJ-70640]. Staff recommends
APPROVAL.

8. ABEYANCE - ZON-70712- REZONING RELATED TO GPA-70710 - PUBLIC HEARING -


APPLICANT/OWNER: EWING INVESTMENTS, LLC - For possible action on a request for a Rezoning FROM:
ROW (RIGHT-OF-WAY) TO: M (INDUSTRIAL) on 0.16 acres located on the north side of Washington Avenue, 220
feet east of A Street (APN 139-27-601-008), Ward 5 (Barlow) [PRJ-70640]. Staff recommends APPROVAL.

9. VAR-70718 - VARIANCE RELATED TO GPA-70710 AND ZON-70712 - PUBLIC HEARING -


APPLICANT/OWNER: EWING INVESTMENTS - For possible action on a request for a Variance TO ALLOW AN
EIGHT-FOOT TALL SOLID WALL IN THE FRONT YARD SETBACK WHERE A MAXIMUM OF FIVE FEET
WITH A TWO-FOOT SOLID BASE IS ALLOWED on 1.33 acres located at the northeast corner of Washington Avenue
and A Street (APNs 139-27-601-005, 007 and 008), M (Industrial) Zone and ROW (Right-of-Way) [PROPOSED: M
(Industrial)], Ward 5 (Barlow) [PRJ-70640]. Staff recommends APPROVAL.

10. SUP-70714 - SPECIAL USE PERMIT RELATED TO GPA-70710, ZON-70712 AND VAR-70718 - PUBLIC
HEARING - APPLICANT/OWNER: EWING INVESTEMENTS - For possible action on a request for a Special Use
Permit FOR A TOWING/IMPOUND YARD USE at the northeast corner of Washington Avenue and A Street (APNs
139-27-601-005, 007 and 008), M (Industrial) Zone and ROW (Right-of-Way) [PROPOSED: M (Industrial)], Ward 5
(Barlow) [PRJ-70640]. Staff recommends APPROVAL.

11. SDR-70720 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-70710, ZON-70712, VAR-70718 AND
SUP-70714 - PUBLIC HEARING - APPLICANT/OWNER: EWING INVESTMENTS - For possible action on a
request for a Site Development Plan Review FOR A PROPOSED 57,934 SQUARE-FOOT TOWING/IMPOUND YARD
EXPANSION WITH WAIVERS TO ALLOW ZERO-FOOT WIDE PERIMETER LANDSCAPE BUFFERS WHERE 15
FEET IS REQUIRED ALONG RIGHTS OF WAY AND EIGHT FEET IS REQUIRED ALONG INTERIOR LOT
LINES on 1.33 acres located at the northeast corner of Washington Avenue and A Street (APNs 139-27-601-005, 007 and
008), M (Industrial) Zone and ROW (Right-of-Way) [PROPOSED: M (Industrial)], Ward 5 (Barlow) [PRJ-70640]. Staff
recommends APPROVAL.

12. SUP-71018 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: CASA DON JUAN RESTAURANTS
- OWNER: MGG, LLC - For possible action on a request for a Major Amendment to an approved Special Use Permit
(SUP-38865) FOR A PROPOSED 11,076 SQUARE-FOOT EXPANSION OF AN EXISTING 7,940 SQUARE-FOOT
URBAN LOUNGE USE WITH OUTDOOR DINING at 1208 South Main Street (APN 162-03-105-005), C-M
(Commercial/Industrial) Zone, Ward 3 (Coffin) [PRJ-69976]. Staff recommends APPROVAL.

13. SDR-71019 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-71018 - PUBLIC HEARING -
APPLICANT: CASA DON JUAN RESTAURANTS - OWNER: MGG, LLC - For possible action on a request for a
Site Development Plan Review FOR A PROPOSED 11,076 SQUARE-FOOT EXPANSION OF A 7,940 SQUARE-
FOOT EXISTING RESTAURANT WITH OUTDOOR DINING at 1208 South Main Street (APN 162-03-105-005), C-M
(Commercial/Industrial) Zone, Ward 3 (Coffin) [PRJ-69976]. Staff recommends APPROVAL.

14. SUP-71072 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: LUIS CONTRERAS, JR - OWNER:
BRIDGE GROUP INVESTMENTS, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED 1,400 SQUARE-FOOT BEER/WINE/COOLER ON-SALE ESTABLISHMENT USE WITHIN AN
EXISTING RESTAURANT WITH A 384-FOOT DISTANCE SEPARATION FROM AN EXISTING CHURCH
WHERE 400 FEET IS REQUIRED at 1745 South Rainbow Boulevard, Suite C (APN 163-03-603-011), C-1 (Limited
Commercial) Zone, Ward 1 (Tarkanian) [PRJ-68964]. Staff recommends APPROVAL.
Planning Commission August 8, 2017 - Page 3
PUBLIC HEARING ITEMS
15. ABEYANCE - VAR-67949 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: SAMARITAN HOUSE,
INC. - For possible action on a request for a Variance TO ALLOW SIX PARKING SPACES WHERE 11 SPACES ARE
REQUIRED on 0.19 acres at the northeast corner of Adams Avenue and 4th Street (APN 139-27-603-014), C-V (Civic)
Zone, Ward 5 (Barlow) [PRJ-67708]. Staff recommends DENIAL.

16. ABEYANCE - VAR-69804 - VARIANCE RELATED TO VAR-67949 - PUBLIC HEARING -


APPLICANT/OWNER: SAMARITAN HOUSE, INC. - For possible action on a request for a Variance TO ALLOW
THE BACKING OF A MOTOR VEHICLE ONTO A PUBLIC STREET FROM A PARKING AREA WHERE SUCH IS
NOT ALLOWED on 0.19 acres at the northeast corner of Adams Avenue and 4th Street (APN 139-27-603-014), C-V
(Civic) Zone, Ward 5 (Barlow) [PRJ-67708]. Staff recommends DENIAL.

17. ABEYANCE - SDR-67950 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-67949 AND VAR-
69804 - PUBLIC HEARING - APPLICANT/OWNER: SAMARITAN HOUSE, INC. - For possible action on a
request for a Site Development Plan Review FOR A PROPOSED 3,060 SQUARE-FOOT BUILDING on 0.19 acres at the
northeast corner of Adams Avenue and 4th Street (APN 139-27-603-014), C-V (Civic) Zone, Ward 5 (Barlow) [PRJ-
67708]. Staff recommends DENIAL.

18. 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.

19. 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.

20. 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.

21. 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.

22. ABEYANCE - VAR-70643 - VARIANCE - PUBLIC HEARING - APPLICANT: RAY GRABLE - OWNER:
BARRY SCHULTZ - For possible action on a request for a Variance TO ALLOW A FIVE-FOOT REAR YARD
SETBACK WHERE 10 FEET IS REQUIRED FOR A PROPOSED ACCESSORY STRUCTURE (CLASS II)
[GARAGE] on 0.37 acres located at 4013 Tyler William Lane (APN 138-01-810-006), R-PD2 (Residential Planned
Development - 2 Units per Acre) Zone, Ward 6 (Ross) [PRJ-70586]. NOTE: THIS ITEM IS IN WARD 5 (BARLOW).
Staff recommends DENIAL.

23. 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.

Planning Commission August 8, 2017 - Page 4


24. ABEYANCE - SUP-70769 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: 824 SOUTH
DECATUR, LLC - For possible action on a request for a Special Use Permit FOR A HOTEL, RESIDENCE USE at 824
South Decatur Boulevard (APNs 138-36-802-004 and 005), C-2 (General Commercial) Zone, Ward 1 (Tarkanian) [PRJ-
69479]. Staff recommends APPROVAL.

25. ABEYANCE - SDR-70770 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-70769 - PUBLIC
HEARING - APPLICANT/OWNER: 824 SOUTH DECATUR, LLC - For possible action on a request for a Site
Development Plan Review FOR A SIX-STORY, 133-ROOM HOTEL, RESIDENCE WITH A WAIVER TO ALLOW A
BUILDING WITH NO CHANGES IN WALL PLANE, COLOR, MATERIAL OR RELIEF at 824 South Decatur
Boulevard (APNs 138-36-802-004 and 005), C-2 (General Commercial) Zone, Ward 1 (Tarkanian) [PRJ-69479]. Staff
recommends APPROVAL.

26. TABLED - RENOTIFICATION - 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.

27. TABLED - RENOTIFICATION - 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.

28. TABLED - RENOTIFICATION - 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.

29. ZON-71106 - REZONING - PUBLIC HEARING - APPLICANT/OWNER: JANIS WHITNEY AND MARTHA
ALMANZA - For possible action on a request for a Rezoning FROM: R-1 (SINGLE FAMILY RESIDENTIAL) TO: P-O
(PROFESSIONAL OFFICE) on 0.14 acres at 1320 South Maryland Parkway (APN 162-03-612-016), Ward 3 (Coffin)
[PRJ-71064]. Staff recommends APPROVAL.

30. SDR-71108 - SITE DEVELOPMENT PLAN REVIEW RELATED TO ZON-71106 - PUBLIC HEARING -
APPLICANT/OWNER: JANIS WHITNEY AND MARTHA ALMANZA - For possible action on a request for a Site
Development Plan Review FOR THE CONVERSION OF A SINGLE-FAMILY RESIDENCE TO A 910 SQUARE-
FOOT OFFICE BUILDING WITH WAIVERS TO ALLOW A ZERO-FOOT LANDSCAPE BUFFER ALONG THE
SOUTH PROPERTY LINE WHERE EIGHT FEET IS REQUIRED, A ZERO-FOOT LANDSCAPE BUFFER ALONG
THE EAST PROPERTY LINE WHERE 15 FEET IS REQUIRED AND A THREE-FOOT LANDSCAPE BUFFER
ALONG THE NORTH AND WEST PROPERTY LINES WHERE EIGHT FEET IS REQUIRED on 0.14 acres at 1320
South Maryland Parkway (APN 162-03-612-016), R-1 (Single Family Residential) Zone [PROPOSED: P-O (Professional
Office)], Ward 3 (Coffin) [PRJ-71064]. Staff recommends DENIAL.

31. ZON-71071 - REZONING - PUBLIC HEARING - APPLICANT/OWNER: DELAPENA TREJO FAMILY


TRUST - For possible action on a request for a Rezoning FROM: R-E (RESIDENCE ESTATES) TO: R-1 (SINGLE
FAMILY RESIDENTIAL) on 0.42 acres at 1703 North Michael Way (APN 138-24-403-014), Ward 5 (Barlow) [PRJ-
70816]. Staff recommends APPROVAL.

32. VAR-71044 - VARIANCE - PUBLIC HEARING - APPLICANT: RODOLFO GONZALEZ - OWNER: THE LAW
OFFICE OF RODOLFO GONZALEZ, LTD - For possible action on a request for a Variance TO ALLOW A 72-
FOOT RESIDENTIAL ADJACENCY SETBACK WHERE 102 FEET IS THE MINIMUM SETBACK REQUIRED
AND TO ALLOW A TRASH RECEPTACLE 19 FEET FROM A RESIDENTIAL PARCEL WHERE 50 FEET IS THE
MINIMUM SEPARATION DISTANCE REQUIRED FOR A PROPOSED OFFICE DEVELOPMENT on 0.38 acres at
877 North Eastern Avenue (APN 139-25-301-008), P-R (Professional Office and Parking) Zone, Ward 3 (Coffin) [PRJ-
70925]. Staff recommends DENIAL.
Planning Commission August 8, 2017 - Page 5
33. VAC-71045 - VACATION RELATED TO VAR-71044 - PUBLIC HEARING - APPLICANT: RODOLFO
GONZALEZ - OWNER: THE LAW OFFICE OF RODOLFO GONZALEZ, LTD - For possible action on a request
for a Petition to Vacate an existing 20-foot wide public sewer easement located at 877 North Eastern Avenue, Ward 3
(Coffin) [PRJ-70925]. Staff recommends APPROVAL.

34. SDR-71046 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-71044 AND VAC-71045 - PUBLIC
HEARING - APPLICANT: RODOLFO GONZALEZ - OWNER: THE LAW OFFICE OF RODOLFO
GONZALEZ, LTD - For possible action on a request for a Site Development Plan Review FOR A PROPOSED 4,690
SQUARE-FOOT OFFICE DEVELOPMENT WITH WAIVERS TO ALLOW ZERO-FOOT WIDE LANDSCAPE
BUFFERS ALONG THE EAST AND SOUTH PERIMETER WHERE EIGHT FEET IS REQUIRED on 0.38 acres at 877
North Eastern Avenue (APN 139-25-301-008), P-R (Professional Office and Parking) Zone, Ward 3 (Coffin) [PRJ-
70925]. Staff recommends DENIAL.

35. VAR-71093 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: FIRST THAI-LAOTIAN


PRESBYTERIAN CHURCH - For possible action on a request for a Variance TO ALLOW A 15-FOOT FRONT
YARD SETBACK WHERE 50 FEET IS REQUIRED on 2.50 acres at the northwest corner of Smoke Ranch Road and
Michael Way (APN 138-13-403-001), R-E (Residence Estates) Zone, Ward 5 (Barlow) [PRJ-67966]. Staff recommends
APPROVAL.

36. SUP-71094 - SPECIAL USE PERMIT RELATED TO VAR-71093 - PUBLIC HEARING - APPLICANT/OWNER:
FIRST THAI-LAOTIAN PRESBYTERIAN CHURCH - For possible action on a request for a Special Use Permit
FOR A PROPOSED CHURCH/HOUSE OF WORSHIP USE at the northwest corner of Smoke Ranch Road and Michael
Way (APN 138-13-403-001), R-E (Residence Estates) Zone, Ward 5 (Barlow) [PRJ-67966]. Staff recommends
APPROVAL.

37. SDR-71095 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-71093 AND SUP-71094 - PUBLIC
HEARING - APPLICANT/OWNER: FIRST THAI-LAOTIAN PRESBYTERIAN CHURCH - For possible action
on a request for a Site Development Plan Review FOR A PROPOSED 17,210 SQUARE-FOOT CHURCH/HOUSE OF
WORSHIP WITH WAIVERS TO ALLOW A FIVE-FOOT LANDSCAPE BUFFER ALONG THE EAST PERIMETER
AND A SIX-FOOT LANDSCAPE BUFFER ALONG THE SOUTH PERIMETER WHERE 15 FEET IS REQUIRED on
2.50 acres at the northwest corner of Smoke Ranch Road and Michael Way (APN 138-13-403-001), R-E (Residence
Estates) Zone, Ward 5 (Barlow) [PRJ-67966]. Staff recommends APPROVAL.

38. VAR-71070 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: WILLIAM H. AND CAROL E.


STODDARD FAMILY TRUST - For possible action on a request for a Variance TO ALLOW A FIVE-FOOT SIDE
YARD AND SEVEN-FOOT REAR YARD SETBACK WHERE 10 FEET IS REQUIRED FOR A PROPOSED 2,000
SQUARE-FOOT ACCESSORY STRUCTURE (CLASS II) [GARAGE] on 0.47 acres at 404 Lacy Lane (APN 139-32-
210-004), R-E (Residence Estates) Zone, Ward 1 (Tarkanian) [PRJ-70795]. Staff recommends DENIAL.

39. VAR-71077- VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: HIMAWARI II, LLC - For possible
action on a request for a Variance TO ALLOW AN EIGHT-FOOT TALL SOLID SCREEN WALL WHERE A
MAXIMUM HEIGHT OF FIVE FEET WITH A TWO-FOOT SOLID BASE IS ALLOWED AND A FOUR-FOOT
RETAINING WALL WHERE A HEIGHT OF TWO FEET IN THE FRONT YARD SETBACK AREA IS ALLOWED
on 1.31 acres at the northwest corner of El Parque Avenue and Cimarron Road (APN 163-04-304-004), R-E (Residence
Estates) Zone, Ward 1 (Tarkanian) [PRJ-71011]. Staff recommends DENIAL.

40. SUP-71037 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: BOULEVARD MEDICAL, LLC -
OWNER: G-E 714, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED 4,553
SQUARE-FOOT MARIJUANA CULTIVATION FACILITY USE at 714 South 1st Street (APN 139-34-310-015), C-M
(Commercial/Industrial) Zone, Ward 3 (Coffin) [PRJ-70877]. Staff recommends APPROVAL.

41. SUP-71038 - SPECIAL USE PERMIT RELATED TO SUP-71037 - PUBLIC HEARING - APPLICANT:
BOULEVARD MEDICAL, LLC - OWNER: G-E 714, LLC - For possible action on a request for a Special Use Permit
FOR A PROPOSED 1,819 SQUARE-FOOT MARIJUANA PRODUCTION FACILITY USE at 714 South 1st Street
(APN 139-34-310-015), C-M (Commercial/Industrial) Zone, Ward 3 (Coffin) [PRJ-70877]. Staff recommends
APPROVAL.

Planning Commission August 8, 2017 - Page 6


42. SUP-70970 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: DAVID T. & EMILY J.
BURGGRAF - For possible action on a request for a Special Use Permit FOR A COMMUNITY RESIDENCE WITH A
300-FOOT DISTANCE SEPARATION FROM A SIMILAR USE WHERE 660 FEET IS REQUIRED at 1516 Winwood
Street (APN 138-25-115-030), R-1 (Single Family Residential) Zone, Ward 5 (Barlow) [PRJ-70968]. Staff recommends
APPROVAL.

43. SUP-71079 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: PAINT PARTY NIGHT, LLC -
OWNER: BUFFALO ALTA CENTER, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED 1,316 SQUARE-FOOT BEER/WINE/COOLER ON-SALE ESTABLISHMENT USE WITHIN AN
EXISTING GENERAL PERSONAL SERVICE (INSTRUCTIONAL ARTS STUDIO) WITH A 362-FOOT DISTANCE
SEPARATION FROM AN EXISTING SCHOOL WHERE 400 FEET IS REQUIRED at 450 South Buffalo Drive, Suite
#109 (APN 138-34-201-001), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ-71054]. Staff recommends
APPROVAL.

CITIZENS PARTICIPATION:
44. 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 August 8, 2017 - Page 7


Agenda Item No.: 1.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING

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

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 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: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING

SUBJECT:
ROLL CALL
Agenda Item No.: 4.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 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: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING

SUBJECT:
FOR POSSIBLE ACTION TO APPROVE THE FINAL MINUTES FOR THE PLANNING
COMMISSION MEETING OF JULY 11, 2017.
Agenda Item No.: 6.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 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: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - GPA-70710 - GENERAL PLAN AMENDMENT - PUBLIC HEARING -
APPLICANT/OWNER: EWING INVESTMENTS, LLC - For possible action on a request for a
General Plan Amendment FROM: ROW (RIGHT-OF-WAY) TO: LI/R (LIGHT
INDUSTRY/RESEARCH) on 0.16 acres located on the north side of Washington Avenue, 220
feet east of A Street (APN 139-27-601-008), Ward 5 (Barlow) [PRJ-70640]. Staff recommends
APPROVAL.

C.C.: 9/20/2017

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
2. Staff Report - GPA-70710, ZON-70712, VAR-70718, SUP-70714 and SDR-70720 [PRJ-
70640]
3. Supporting Documentation - GPA-70710, ZON-70712, VAR-70718, SUP-70714 and SDR-
70720 [PRJ-70640]
4. Photo(s) - GPA-70710, ZON-70712, VAR-70718, SUP-70714 and SDR-70720 [PRJ-70640]
5. Justification Letter - GPA-70710, ZON-70712, VAR-70718, SUP-70714 and SDR-70720
[PRJ-70640]
GPA-70710, ZON-70712, VAR-70718, SUP-70714 and SDR-70720 [PRJ-70640]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: AUGUST 8, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: EWING INVESTMENTS, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
GPA-70710 Staff recommends APPROVAL.

ZON-70712 Staff recommends APPROVAL. GPA-70710

VAR-70718 Staff recommends APPROVAL, subject to conditions. GPA-70710


ZON-70712
SUP-70714 Staff recommends APPROVAL, subject to conditions GPA-70710
ZON-70712
VAR-70718
SDR-70720 Staff recommends APPROVAL, subject to conditions GPA-70710
ZON-70712
VAR-70718
SUP-70714

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 13 - GPA-70710 and ZON-70712


15 - VAR-70718 and SUP-70714
15 - SDR-70720

NOTICES MAILED 74 - GPA-70710 and ZON-70712


91 - VAR-70718 and SUP-70714
91 - SDR-70720

PROTESTS 0 - GPA-70710 and ZON-70712


0 - VAR-70718 and SUP-70714
0 - SDR-70720

PB
GPA-70710, ZON-70712, VAR-70718, SUP-70714 and SDR-70720 [PRJ-70640]
Notification Page Two
August 8, 2017 - Planning Commission Meeting

APPROVALS 0 - GPA-70710 and ZON-70712


0 - VAR-70718 and SUP-70714
0 - SDR-70720

PB
GPA-70710, ZON-70712, VAR-70718, SUP-70714 and SDR-70720 [PRJ-70640]
Conditions Page One
August 8, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-70718 CONDITIONS

Planning

1. Conformance to the Conditions of Approval for Special Use Permit (SUP-70714)


and Site Development Plan Review (SDR-70720) 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-70714 CONDITIONS

Planning

1. Conformance to the Conditions of Approval for Variance (VAR-70718) and Site


Development Plan Review (SDR-70720) 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.

PB
GPA-70710, ZON-70712, VAR-70718, SUP-70714 and SDR-70720 [PRJ-70640]
Conditions Page Two
August 8, 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, as well as submitted as part of any business license
application.

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

SDR-70720 CONDITIONS

Planning

1. Conformance to the Conditions of Approval for Variance (VAR-70718), and Special


Use Permit (SUP-70714) shall be required, if approved.

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

3. All development shall be in conformance with the site plan, landscape plan, and
building elevations, date stamped 06/26/17, except as amended by conditions
herein.

4. The applicant shall provide proof of a legal right to construct the wall on APN 139-
27-698-001 prior to the issuance of a building permit, and if legal right cannot be
obtained the block wall shall be constructed completely on property owned by the
applicant.

5. A Waiver from Title 19.08 is hereby approved, to allow zero-foot-wide perimeter


landscape buffers where eight feet is required adjacent to property lines and fifteen
feet is required adjacent to rights of way.

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.

PB
GPA-70710, ZON-70712, VAR-70718, SUP-70714 and SDR-70720 [PRJ-70640]
Conditions Page Three
August 8, 2017 - Planning Commission Meeting

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

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

Public Works

10. Prior to the issuance of any permits for this site, sign a Covenant Running with
Land agreement for the possible future installation of half-street improvements per
City Standards (including sidewalks and street lighting) on A Street adjacent to
this site. The Covenant agreement must be recorded with the County Recorder
and a copy of the recorded document must be provided to the City prior to the
release of this parcel map for recordation.

11. Provide proof of perpetual legal access to Assessors Parcel Number 139-27-601-
008 prior to the issuance of permits for this site, or alternatively consolidate the
parcels to eliminate the land-locked parcel.

12. All existing paving damaged or removed by this development shall be restored at
its original location and to its original width concurrent with development of this
site.

13. 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.

14. Submit a License Agreement for landscaping and private improvements in the A
Street 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
within the public right-of-way at the applicant's expense pursuant to the terms of
the City's License Agreement. The installation and maintenance of all private
improvements in the public right of way shall be the responsibility of the applicant
and any successors in interest to the property and assigns pursuant to the terms of
the License Agreement. Coordinate all requirements for the License Agreement
with the Land Development Section of the Department of Building and Safety (229-
4836).

PB
GPA-70710, ZON-70712, VAR-70718, SUP-70714 and SDR-70720 [PRJ-70640]
Staff Report Page One
August 8, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to expand an existing Towing/Impound Yard on the northeast


corner of A Street and Washington Avenue.

ISSUES

x The applicant is requesting a LI/R (Light Industry / Research) land use designation
and a M (Industrial) zoning designation on a portion of the subject site. This parcel
was previously Union Pacific Railroad right of way, but is now privately owned.
x A Variance to allow an eight-foot solid wall where five feet is the maximum allowed
with only the bottom two feet solid in the front setback area. Staff supports the
variance.
x A Special Use Permit (SUP-70714) has been requested to allow the expansion of a
Towing/Impound Yard without asphalt paving for operable vehicles in the storage
yard. This would continue the condition of the existing storage yard and staff
supports the request.
x A Site Development Plan Review (SDR-70720) for an Impound/Towing Yard
expansion has been requested and is supported by staff.
x Waivers to allow a zero-foot-wide landscape buffer where eight feet is required on
internal property lines and 15 feet is required along rights of way (Washington
Avenue, A Street and the Union Pacific Railway) has been requested and is
supported by staff.
x The site plan submitted depicts the wall being constructed within the right of way
adjacent to the southeast corner of the site. A condition requires documentation of a
legal right to build in that right of way, or that all improvements be on private property
owned by the applicant.

ANALYSIS

A portion of the subject site is currently designated as ROW (Right of Way) for both its
land use and its zoning. The applicant is proposing to amend the general plan to have
a LI/R (Light Industry / Research) land use designation and to rezone that parcel to M
(Industrial). The remainder of the site is already guided and zoned similarly.

PB
GPA-70710, ZON-70712, VAR-70718, SUP-70714 and SDR-70720 [PRJ-70640]
Staff Report Page Two
August 8, 2017 - Planning Commission Meeting

The (L/I) Light Industry/ Research category allows areas appropriate for clean, low-
intensity (non-polluting and non-nuisance) industrial uses, including light manufacturing,
assembling and processing, warehousing and distributions, and research, development
and testing laboratories. Typical supporting and ancillary general uses are also allowed.
This category may also allow mixed-use development with a residential component as a
transition to less-intense uses where appropriate.

The M (Industrial) zoning district is intended to provide for heavy manufacturing


industries in locations where they will be compatible with and not adversely impact
adjacent land uses. This district is intended to be located away from all residential
development. The M District is consistent with the Light Industry/Research category of
the General Plan.

The applicant is proposing to expand an existing Towing/Impound yard that is operating


on the parcels to the north of the subject site. The applicant is proposing to continue
the same perimeter treatment with this expansion. As such they have requested a
Variance (VAR-70718) to allow an eight-foot solid wall where five feet is the maximum
height with the first two feet solid. Staff supports this request as it is consistent with the
existing Towing/Impound Yard and will provide appropriate screening and security.
Further, the applicant has requested waivers to allow zero-foot-wide perimeter
landscaping where eight feet is required along property lines, expanding to fifteen feet
wide along rights of way. The site is adjacent to A Street, Washington Avenue, and the
Union Pacific Railway which would therefore require 15 feet of landscaping on the
south, west and east property lines. The applicant is proposing to have zero feet to
match the perimeter treatment of the existing Towing/Impound Yard. Staff supports this
request as it will be consistent with the existing Towing/Impound Yard.

The site plan submitted by the applicant depicts the proposed wall crossing a portion of
right of way that is not owned by applicant in the southeast corner of the site. The area
in question is at the top of a large retaining wall for Washington Avenue and leaving it
without a wall would create an attractive nuisance. Staff has included a condition that
requires the applicant to demonstrate a legal right to construct the wall within that right
of way, or the wall would be required to be constructed entirely on private property
owned by the applicant.

The Towing/Impound Yard use is defined as A lot or building used for the storage of
damaged, wrecked or impounded motor vehicles for a limited period of time, usually
awaiting insurance adjustment, transport to a repair shop, or recovery by the owner or
operator. The proposed use meets the definition as it will be an expansion of an
existing Towing/Impound Yard which is currently licensed and operating in the city.

PB
GPA-70710, ZON-70712, VAR-70718, SUP-70714 and SDR-70720 [PRJ-70640]
Staff Report Page Three
August 8, 2017 - Planning Commission Meeting

A Towing/Impound Yard is permitted in the M (Industrial) zoning district as a conditional


use. The applicant would like to continue the same treatment as the existing
Towing/Impound Yard facility of which this project is an expansion. As such, they are
requesting to not pave the areas used for the parking and storage of operable vehicles.
This is a requirement of the Conditional Use and therefore they have requested a
Special Use Permit in accordance with Title 19.12.040 (B).

The Towing/Impound Yard does not include any specific requirements in Title 19.12.

The LI/R (Light Industry / Research) land use designation and a M (Industrial) zoning
designation match the surrounding properties on the west and north and are compatible
with the commercially guided and zoned properties south of Washington Avenue and
east of the Union Pacific Railway. Further, the Variance (VAR-70718), Special Use
Permit (SUP-70714) and Site Development Plan Review (SDR-70720) will allow the
applicant to expand their Towing/Impound Yard with the same perimeter treatment and
surfacing as the existing facility. Therefore, staff recommends approval of the proposed
Towing/Impound Yard expansion.

FINDINGS (GPA-70710)

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 LI/R (Light Industry / Research) general plan designation will match
the surrounding parcels on two sides, and is compatible with the commercially
designated parcels to the east and south of the site across Washington Avenue
and the Union Pacific Railway.

2. The zoning designations allowed by the proposed amendment will be


compatible with the existing adjacent land uses or zoning districts,

The proposed M (Industrial) zoning designation will match the surrounding parcels
on two sides, and is compatible with the commercially zoned parcels to the east
and south of the site across Washington Avenue and the Union Pacific Railway.

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


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

PB
GPA-70710, ZON-70712, VAR-70718, SUP-70714 and SDR-70720 [PRJ-70640]
Staff Report Page Four
August 8, 2017 - Planning Commission Meeting

The uses permitted in the proposed LI/R (Light Industry / Research) general plan
designation will have appropriate access to transportation and utilities as the site
is located adjacent to Washington Avenue with access via A Street.

4. The proposed amendment conforms to other applicable adopted plans and


policies.

The proposed LI/R (Light Industry / Research) general plan designation conforms
to the adopted plans and policies of the City of Las Vegas.

FINDINGS (ZON-70712)

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 M (Industrial) zoning district will conform with the proposed LI/R
(Light Industry / Research) 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 uses permitted in the proposed M (Industrial) zoning designation will be the
same as the property to the north and west, and will be compatible with the
commercial zoning designations across Washington Avenue and the Union
Pacific Railway.

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

The proposed M (Industrial) zoning district will allow industrial uses that support
the employment and tax base for the City of Las Vegas.

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 is adjacent to Washington Avenue, and will have access to
Washington Avenue via A Street through an adjacent parcel. Washington Avenue
is a collector street that also provides access to Interstate 15. These facilties are
more than adequate for a property of this size.

PB
GPA-70710, ZON-70712, VAR-70718, SUP-70714 and SDR-70720 [PRJ-70640]
Staff Report Page Five
August 8, 2017 - Planning Commission Meeting

FINDINGS (VAR-70718)

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 applicant is proposing to continue the existing conditions of the Towing/Impound


Yard to the north of which this project is an expansion. The existing wall is eight feet
solid and the applicant wishes to continue that condition to maintain the appearance
and provide the necessary security for the yard.

FINDINGS (SUP-70714)

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

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


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

The proposed use is an expansion of an existing Towing/Impound Yard which has


been operating at the site for some time, the use can therefore be conducted in a
harmonious manner.

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

PB
GPA-70710, ZON-70712, VAR-70718, SUP-70714 and SDR-70720 [PRJ-70640]
Staff Report Page Six
August 8, 2017 - Planning Commission Meeting

The site plan submitted indicates that the site is suitable for use as a
Towing/Impound Yard expansion.

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 project will add approximately 69 trips per day on Washington Avenue, A
Street and Main Street. Washington Avenue is anticipated to remain at 47
percent capacity, Main Street will rise to 31 percent of capacity, and A Street does
not have existing traffic counts but is believed to be under capacity.

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 Towing/Impound Yard expansion will not compromise the public
health, safety and welfare and is a use consistent with the General Plan.

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

There are no specific requirements associated with a Special Use Permit for a
Towing/Impound Yard.

FINDINGS (SDR-70720)

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 Towing/Impound Yard expansion will match the improvements of


the existing yard to the north and is therefore compatible with adjacent
development and development in the area.

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

PB
GPA-70710, ZON-70712, VAR-70718, SUP-70714 and SDR-70720 [PRJ-70640]
Staff Report Page Seven
August 8, 2017 - Planning Commission Meeting

The proposed Towing/Impound Yard expansion is a use that can be permitted in


the M (Industrial) zoning district with the approval of a Special Use Permit. The
improvements comply with the requirements of Title 19 with the exception of the
requests for a variance and waivers to allow the improvements to match the
existing Towing/Impound Yard to the north.

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


neighborhood traffic;

Access to the site will be obtained through the existing Towing/Impound Yard to
the north and will not have a negative impact on traffic.

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

The block wall material is appropriate for the area and will match the existing
improvements to the north.

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 block wall is not unsightly, undesirable or obnoxious and will match
the existing improvements on the lots to the north.

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

The improvements will require a building permit and inspection to assure the
protection of public health, safety and general welfare.

BACKGROUND INFORMATION

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


The Planning Commission voted (6-0) to hold GPA-70710 and ZON-
07/11/17 70712 [PRJ-70640] in abeyance at the applicants request to the
August 8, 2017 Planning Commission meeting.

PB
GPA-70710, ZON-70712, VAR-70718, SUP-70714 and SDR-70720 [PRJ-70640]
Staff Report Page Eight
August 8, 2017 - Planning Commission Meeting

Most Recent Change of Ownership


06/01/14 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


Clark County records indicate this as the year of construction for the
1954
previous structure at 950 A Street.
A business license (G55-00497) was issued for a Motion Picture
01/10/06
Company. The license was marked inactive on 09/12/14.
A building permit (C-313949) was issued for the demolition of the
03/22/16
building addressed as 950 A Street.

Pre-Application Meeting
Staff held a preapplication meeting with the applicant, they were
informed that the property required a General Plan Amendment and
04/05/17
Rezoning before it could be developed. The applicant also presented
plans that would expand the existing towing/impound yard to this site.

Neighborhood Meeting
A neighborhood meeting was held at 1405 A Street, the Ewing
Brothers Collision Center at 5:30pm.
06/22/17
There were no members of the public in attendance.

Field Check
06/29/17 Staff completed a routine site visit, noting an undeveloped site.

Details of Application Request


Site Area
Net Acres 1.33

PB
GPA-70710, ZON-70712, VAR-70718, SUP-70714 and SDR-70720 [PRJ-70640]
Staff Report Page Nine
August 8, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject
Undeveloped ROW (Right of Way) ROW (Right of Way)
Property
LI/R (Light
North Impound Yard M (Industrial)
Industry/Research)
Washington
South ROW (Right of Way) ROW (Right of Way)
Avenue
SC (Service C-1 (Limited
East Undeveloped
Commercial) Commercial)
West Railroad ROW (Right of Way) ROW (Right of Way)

Master and Neighborhood Plan Areas Compliance


Downtown North Land Use Plan Y
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District Y
Other Plans or Special Requirements Compliance
Trails Y
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, the following standards apply:


Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees
Buffer Trees:
x North 1 Tree / 20 Linear Feet 18 Trees 0 Trees N
x South 1 Tree / 20 Linear Feet 15 Trees 0 Trees N
x East 1 Tree / 20 Linear Feet 7 Trees 0 Trees N
x West 1 Tree / 20 Linear Feet 8 Trees 0 Trees N

PB
GPA-70710, ZON-70712, VAR-70718, SUP-70714 and SDR-70720 [PRJ-70640]
Staff Report Page Ten
August 8, 2017 - Planning Commission Meeting

Landscaping and Open Space Standards


Standards Required Provided Compliance
Ratio Trees
TOTAL PERIMETER TREES 48 Trees 0 Trees N
1 Tree / 6 Uncovered
Parking Area Spaces, plus 1 tree at the
0 Trees 0 Trees Y
Trees end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
x North 8 Feet 0 Feet N
x South 15 Feet 0 Feet N
x East 15 Feet 0 Feet N
x West 15 Feet 0 Feet N
Wall Height 6 to 8 Feet Adjacent to Residential 8 Feet Y

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Planned Streets and
Washington
Collector Highways Map 90 Y
Avenue
A Street Local Street Title 13 60 Y

Waivers
Requirement Request Staff Recommendation
A zero foot wide
An eight foot wide perimeter
perimeter landscape Approval
landscape buffer
buffer
A zero foot wide
A fifteen foot wide perimeter
perimeter landscape
landscape buffer along rights Approval
buffer along rights of
of way
way

PB
GPA-70710



GPA-70710


GPA-70710

W MONROE AVE ML
PAIUTE D
R

B ST M

MADISON AVE

A ST
PA
IU TE
C IR

SC

ST
AIN
JEFFERSON AVE

NM
PF

SUBJECT
C ST

PROPERTY

ROW GC

N A VE
H I NG TO E WASHINGTON AVE
A S
WW

SY
C AM
OR
E LN
ST
ST

LI/R
RR

N1


UP

PA
L M
LN
MXU

FROM ROW TO LI/R


General Plan Amendment
RNP - Rural Neighborhood MLA - Medium - Low Attached GTC - Tourist Commercial PF-CC Public Facility 1000' Buffer
Preservation Clark County
LVMD - Las Vegas Medical
M - Medium
RE - Rural Estates District TC - Town Center City Limits
H - High LI/R - Light Industrial / Research
DR - Desert Rural RC - Resource Conservation
PCD - Planned Community Not City GIS maps are normally produced
R - Rural O - Office only to meet the needs of the City.
Development C - Downtown - Commercial Due to c ontinuous dev elopment activity
Subject Property this map is for reference only .
L - Low SC - Service Commercial PR-OS - Park/Recreation/ Geographic Information System
MXU - Downtown - Mixed Use
Open Space Planning & Development Dept.
GC - General Commercial 702-229-6301
ML - Medium - Low TND - Tradional Neighborhood
PF - Public Facility
Development Date: Thursday, June 01, 2017

GPA-70710, ZON-70712, VAR-70718, SUP-70714 and SDR-70720


GPA-70710 [PRJ-70640] - GENERAL PLAN AMENDMENT RELATED TO ZON-70712, VAR-70718, SUP-70714 AND
SDR-70720 - APPLICANT/OWNER: EWING INVESTMENTS, LLC
NORTH SIDE OF WASHINGTON AVENUE, EAST OF A STREET
06/01/17
b777
7A7
7 77

77 A7 7 77

7777 7
7 7 7A 7 7 7 77 7 7 77
7 7 7 7 77 7
7 7 7 7 7 7 7 77 7 77 7
7 77 7 7 77 7 7 07 7 7 7 7 07 7 777
7 7
7 7 7 7 77 7 77 7 7 7 7 7
777 7 7 7 7 7 777 7
77 7 7 777 7 7 77

7777>777777777777>
7777 77777777 7

7 7

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77
7 77
7 777

b 77 7 77b7 7


7b A 77AA7 7 7bA7A 7A 7A
A 7AA
AA7

7 7A7

GPA-70710, ZON-70712, VAR-70718, SUP-70714 and SDR-70720


Agenda Item No.: 8.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - ZON-70712- REZONING RELATED TO GPA-70710 - PUBLIC HEARING -
APPLICANT/OWNER: EWING INVESTMENTS, LLC - For possible action on a request for a
Rezoning FROM: ROW (RIGHT-OF-WAY) TO: M (INDUSTRIAL) on 0.16 acres located on
the north side of Washington Avenue, 220 feet east of A Street (APN 139-27-601-008), Ward 5
(Barlow) [PRJ-70640]. Staff recommends APPROVAL.

C.C.: 9/20/2017

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. 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-70712



ZON-70712


ZON-70712

W MONROE AVE C-V


PAIUTE D
R

B ST

MADISON AVE

A ST
PA
IU TE
C IR

R-3

ST
AIN
JEFFERSON AVE

NM
C-1
SUBJECT
C ST

PROPERTY C-2

N A VE
H I NG TO E WASHINGTON AVE
A S
WW

R-4

SY
C AM
OR
E LN
M
ST
ST
RR

N1


C-M R-1
UP

PA
L M
LN

Zoning FROM ROW TO M


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
R-PD - Residential C-1 - Limited Commercial T-D - Traditional Development GIS maps are normally produced
R-MH - Mobile/Manufactured only to meet the needs of the City.
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
Residential T-C - Town Center
Planning & Development Dept.
Manufactured Home Park Park 702-229-6301
R-CL - Single-Family
Compact-Lot P-R - Professional Offices Date: Thursday, June 01, 2017
and Parking
Agenda Item No.: 9.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-70718 - VARIANCE RELATED TO GPA-70710 AND ZON-70712 - PUBLIC
HEARING - APPLICANT/OWNER: EWING INVESTMENTS - For possible action on a
request for a Variance TO ALLOW AN EIGHT-FOOT TALL SOLID WALL IN THE FRONT
YARD SETBACK WHERE A MAXIMUM OF FIVE FEET WITH A TWO-FOOT SOLID
BASE IS ALLOWED on 1.33 acres located at the northeast corner of Washington Avenue and A
Street (APNs 139-27-601-005, 007 and 008), M (Industrial) Zone and ROW (Right-of-Way)
[PROPOSED: M (Industrial)], Ward 5 (Barlow) [PRJ-70640]. Staff recommends APPROVAL.

C.C.: 9/20/2017

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. Location and Aerial Maps - VAR-70718, SUP-70714 and SDR-70720 [PRJ-70640]
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.
VAR-70718



VAR-70718


Agenda Item No.: 10.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-70714 - SPECIAL USE PERMIT RELATED TO GPA-70710, ZON-70712 AND VAR-
70718 - PUBLIC HEARING - APPLICANT/OWNER: EWING INVESTEMENTS - For
possible action on a request for a Special Use Permit FOR A TOWING/IMPOUND YARD USE
at the northeast corner of Washington Avenue and A Street (APNs 139-27-601-005, 007 and
008), M (Industrial) Zone and ROW (Right-of-Way) [PROPOSED: M (Industrial)], Ward 5
(Barlow) [PRJ-70640]. Staff recommends APPROVAL.

C.C.: 9/20/2017

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.
SUP-70714



SUP-70714


Agenda Item No.: 11.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SDR-70720 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-70710, ZON-
70712, VAR-70718 AND SUP-70714 - PUBLIC HEARING - APPLICANT/OWNER: EWING
INVESTMENTS - For possible action on a request for a Site Development Plan Review FOR A
PROPOSED 57,934 SQUARE-FOOT TOWING/IMPOUND YARD EXPANSION WITH
WAIVERS TO ALLOW ZERO-FOOT WIDE PERIMETER LANDSCAPE BUFFERS WHERE
15 FEET IS REQUIRED ALONG RIGHTS OF WAY AND EIGHT FEET IS REQUIRED
ALONG INTERIOR LOT LINES on 1.33 acres located at the northeast corner of Washington
Avenue and A Street (APNs 139-27-601-005, 007 and 008), M (Industrial) Zone and ROW
(Right-of-Way) [PROPOSED: M (Industrial)], Ward 5 (Barlow) [PRJ-70640]. Staff
recommends APPROVAL.

C.C.: 9/20/2017

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
3. Traffic Notes from the Department of Public Works
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-70720



SDR-70720


SDR 70720
Ewing Investments

NEC Washington Avenue and A Street


Proposed 1.33 acre expansion of an existing towing/impound yard.

Proposed Use

Average Daily Traffic (ADT) 51.80 69


AM Peak Hour GENERAL LIGHT INDUSTRIAL [ACRES] 1.33 7.51 10
PM Peak Hour 7.26 10

Existing traffic on nearby streets:


Washington Avenue
Average Daily Traffic (ADT) 16,516
PM Peak Hour (heaviest 60 minutes) 1,321

Main Street
Average Daily Traffic (ADT) 10,287
PM Peak Hour (heaviest 60 minutes) 823

Traffic Capacity of adjacent streets:


Adjacent Street ADT Capacity
Washington Avenue 35,490
Main Street 33,800

This project will add approximately 69 trips per day on Washington Ave, A St. & Main St. Currently, Washington is at about
47 percent of capacity and Main is at about 30 percent of capacity. With this project, Washington is expected to be
unchanged and Main to be at about 31 percent of capacity. Counts are not available for A, but it is believed to be under
capacity.

Based on Peak Hour use, this development will add into the area roughly 10 additional cars, or about one every six
minutes.

Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 12.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-71018 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: CASA DON
JUAN RESTAURANTS - OWNER: MGG, LLC - For possible action on a request for a Major
Amendment to an approved Special Use Permit (SUP-38865) FOR A PROPOSED 11,076
SQUARE-FOOT EXPANSION OF AN EXISTING 7,940 SQUARE-FOOT URBAN LOUNGE
USE WITH OUTDOOR DINING at 1208 South Main Street (APN 162-03-105-005), C-M
(Commercial/Industrial) Zone, Ward 3 (Coffin) [PRJ-69976]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 9/20/2017


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 and Aerial Maps - SUP-71018 and SDR-71019 [PRJ-69976]
2. Special Map
3. Conditions and Staff Report - SUP-71018 and SDR-71019 [PRJ-69976]
4. Supporting Documentation - SUP-71018 and SDR-71019 [PRJ-69976]
5. Photo(s) - SUP-71018 and SDR-71019 [PRJ-69976]
6. Justification Letter - SUP-71018 and SDR-71019 [PRJ-69976]
7. Support Postcard - SUP-71018 and SDR-71019 [PRJ-69976]
SUP-71018 and SDR-71019 [PRJ-69976]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: AUGUST 8, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: CASA DON JUAN RESTAURANTS - OWNER:
MGG, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71018 Staff recommends APPROVAL, subject to conditions:
SDR-71019 Staff recommends APPROVAL, subject to conditions: SUP-71018

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 27

NOTICES MAILED 300

PROTESTS 0

APPROVALS 1

NE
SUP-71018 and SDR-71019 [PRJ-69976]
Conditions Page One
August 8, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71018 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for an Urban
Lounge use.

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


Plan Review (SDR-71019) shall be required.

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

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

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

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

7. This business shall operate in conformance to Chapter 6.50 of the City of Las
Vegas Municipal Code.

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

NE
SUP-71018 and SDR-71019 [PRJ-69976]
Conditions Page Two
August 8, 2017 - Planning Commission Meeting

SDR-71019 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-71018) shall be required, if approved.

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

3. All development shall be in conformance with the site plan, landscape plan, and
building elevations, date stamped 06/27/17, except as amended by conditions
herein.

4. All mechanical equipment shall be screened from street level and surrounding
building view in accordance with the Downtown Centennial Plan.

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

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

7. All utility or mechanical equipment shall comply with the provisions of the
Downtown Centennial Plan, unless approved by a separate Waiver.

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

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

Public Works

10. New access doors or gates shall be outside of the public right-of-way when in the
fully opened position.

NE
SUP-71018 and SDR-71019 [PRJ-69976]
Conditions Page Three
August 8, 2017 - Planning Commission Meeting

11. Contact the City Engineers Office at 702-229-6272 to coordinate the development
of this project with the California Street Complete Streets from Commerce Street to
3rd Street project and any other public improvement projects adjacent to this site.
Comply with the recommendations of the City Engineer.

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

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

NE
SUP-71018 and SDR-71019 [PRJ-69976]
Staff Report Page One
August 8, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to expand an existing Restaurant and Urban Lounge located
at 1208 South Main Street within 18b The Las Vegas Arts District.

ISSUES

x Per Title 19.16, a Major Amendment to the previously approved Special Use
Permit (SUP-71018) is required to expand the existing Urban Lounge use 129
percent.

ANALYSIS

The subject site located at 1208 South Main Street is not only within the 18b Las Vegas
Arts District, but also the Downtown Redevelopment Area. The proposed expansion and
renovation supports the Las Vegas Redevelopment Plans goals and objectives by
proposing a facility that will reflect a high level of concern for architectural, landscape,
and urban design and land use principles appropriate for attainment of the objectives of
the Redevelopment Plan.

The subject site is an existing 7,940 square-foot Restaurant and Urban Lounge that the
applicant has proposed to expand by 11,076 square feet. The expansion includes
encompassing recently vacated and acquired property to the south, as well as adding a
second story to the existing single-story building. Once completed, the newly expanded
Restaurant and Urban Lounge would be 19,016 square feet.

The first floor remodel and expansion will include new dining areas, an expanded bar
area, new covered and uncovered outdoor dining areas, mens and womens restrooms,
and an elevator leading to the new second-story addition. The expansion includes a 375
square-foot wash room which will cause the loss of one parking space. Fifteen (15)
parking spaces will remain onsite.

The second story will add additional dining area, a meeting room, new bar, kitchen, and
restroom facilities. The second floor addition also includes a balcony area where diners
can overlook Main Street and the 18b Las Vegas Arts District while they dine.

NE
SUP-71018 and SDR-71019 [PRJ-69976]
Staff Report Page Two
August 8, 2017 - Planning Commission Meeting

In addition to the remodel and addition, the applicant has proposed a complete facade
renovation to unite the expansion area with the existing facility, and update the facility
as a whole while maintaining their established theme. The faade improvements include
towers, pop-out elements, and bay windows to add depth and interest to the overall
appearance of the new two-story structure. At its tallest point, the newly renovated
Restaurant and Urban Lounge would be 44 feet, four inches.

The goal of the Arts District is to encourage building design that contributes to the
quality of life in an active, aesthetically considered manner. The proposed street level
design expands the existing enlivened street atmosphere by expanding the existing
exterior faade elements along Main Street and by proposing the addition of a second-
story balcony that will overlook Main Street. The proposed renovations will enhance the
visual continuity of activity from interior to the pedestrian experience outside. The
architectural details proposed include all elevations of the subject building.

In accordance with the 18b Las Vegas Arts District of the Downtown Centennial Plan,
all structures located within 18b The Las Vegas Arts District are exempted from the
automatic application of the building setbacks called for in Title 19.08. This exemption
does not prohibit the Planning Commission or the City Council from imposing a setback
in connection with the approval of a Site Development Plan. The proposed structure
will not see any significant alterations to the existing footprint, only a minor expansion of
the interior dining area to the southwest and the addition of outdoor patio dining as part
of the overall expansion to the south. The existing structure is built-to-line along the
north, south and east property lines, with the existing parking lot and outdoor patio
areas also extending to the property lines along the west and south property lines.
Residential adjacency does not apply as no residentially zoned property is within the
vicinity of the subject site, as the residential property would need to be within 133 feet of
the subject sites property lines to be applicable.

The subject site is currently served by the LVVWD (Las Vegas Valley Water District) but
does not have the required backflow prevention per NAC 445A.67195. Civil and
plumbing plans will need to be submitted to LVVWD for domestic meter sizing, fire flow
sizing and backflow retrofit.

The Department of Public Works notes that normally it would require that portions of the
existing adjacent public sidewalk path be brought up to current Americans with
Disabilities Act (ADA) Standards; but due to the current construction project the City has
underway for Main Street, and is in the preliminary design stages of a construction
project on California Street, upgrading the existing improvements adjacent to the
subject site is not required for this Site Development Plan Review.

NE
SUP-71018 and SDR-71019 [PRJ-69976]
Staff Report Page Three
August 8, 2017 - Planning Commission Meeting

According to the Traffic Division of Public Works, this project will add approximately
1,010 trips per day on Main Street, California Street, and Charleston Boulevard.
Currently, Main Street is at approximately 58 percent of capacity and Charleston is at
approximately 71 percent of capacity. With this project, Main Street is expected to be at
approximately 63 percent of capacity and Charleston Boulevard to be at approximately
73 percent of capacity. Current traffic counts are not available for California, but it is
believed to be under capacity.

Based on Peak Hour use, this development would add into the area approximately 86
additional vehicles or about three vehicles every two minutes.

Special Use Permit

The Urban Lounge use is defined as an establishment that:

1. Is licensed for the sale of alcoholic beverages for consumption on the


premises where the same are sold, and 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;
and

2. Meets the Minimum Special Use Permit Requirements set forth below.

The Minimum Special Use Permit Requirements for this use include:

1. The use is limited to the area located within the boundaries of 18b The
Las Vegas Arts District, as described in the Downtown Centennial Plan
and as amended from time to time.

The proposed use meets this requirement as the subject site is located at
1208 South Main Street within 18b The Las Vegas Arts District.

2. For each seat provided at the bar of the establishment, there must be a
minimum of 2 seats within a lounge area located away from the bar.

The proposed use meets this requirement, as the first floor bar area
depicts 11 bar stools with lounge seating for 24. The second floor bar is
for service only.

3. The use is subject to the provisions of LVMC Chapter 6.40 relating to


gaming and LVMC Chapter 6.50 relating to liquor control.

NE
SUP-71018 and SDR-71019 [PRJ-69976]
Staff Report Page Four
August 8, 2017 - Planning Commission Meeting

The Urban Lounge use is subject to regular inspections to ensure


compliance with LVMC Chapter 6.40 and 6.50.

The proposed expansion and renovation of an existing Restaurant and Urban Lounge
meets the minimum development standards set forth by both the Downtown Centennial
Plan and Title 19 and is compatible with existing development in the area; therefore,
staff recommends approval of both applications.

FINDINGS (SUP-71018)

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 expansion of an existing Restaurant and Urban Lounge will


continue to be harmonious and compatible with the existing surrounding land uses
and with future land uses.

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

The subject site is physically suitable for the intensity of the proposed Urban
Lounge expansion.

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


adequate in size to meet the requirements of the proposed use.

The subject site is currently accessed by California Street, and will continue to be
adequate in size for the expanded Restaurant and Urban Lounge use.

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

The proposed Urban Lounge expansion will not compromise the public health,
safety, and welfare as the proposed use will be subject to regular inspections by
multiple government agencies to ensure compliance with all applicable regulating
codes and laws.

NE
SUP-71018 and SDR-71019 [PRJ-69976]
Staff Report Page Five
August 8, 2017 - Planning Commission Meeting

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

The proposed Urban Lounge use has met all applicable conditions set forth by
Title 19.12.

FINDINGS (SDR-71019)

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

1. The proposed development is compatible with adjacent development and


development in the area;

The proposed development is an addition and expansion of an existing


Restaurant and Urban Lounge that will remain compatible with adjacent
development and development in the 18b Las Vegas Arts District.

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

The proposed development is consistent with the Downtown Centennial Plan, The
18b Las Vegas Arts District and Title 19 where applicable.

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


neighborhood traffic;

Site access and circulation will not be altered as part of this proposal, and will not
negatively impact adjacent roadways or neighborhood traffic.

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

Building materials used for the addition will match the existing materials, including
wrought iron, concrete roof tiles, and stucco. These materials are appropriate for
the area and the City, no landscape materials are proposed at this time.

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;

NE
SUP-71018 and SDR-71019 [PRJ-69976]
Staff Report Page Five
August 8, 2017 - Planning Commission Meeting

The proposed building elevations are not unsightly or obnoxious in appearance


and create an aesthetically pleasing environment. The proposed building
elevations will enhance the established building theme and are compatible with
the 18b Las Vegas Arts District.

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

The existing and proposed expansion of an Urban Lounge will continue to be


subject to regular site inspections by such agencies as the City of Las Vegas
Department of Planning, Licensing Division and the Southern Nevada Health
District.

BACKGROUND INFORMATION

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


The City Council approved a request for a Special Use Permit (U-
0200-00) for a proposed Restaurant Service Bar for the sale of liquor
04/18/01 in conjunction with an existing restaurant and proposed restaurant
addition at 1204 South Main Street. The Planning Commission
recommended approval.
The City Council approved a Petition to Vacate (VAC-0007-01) a
06/20/01 portion of the south side of California Street generally located between
Commerce Street and Third Street.
The City Council approved a request for a Reinstatement and
Extension of Time [U-0200-00(1)] of an approved Special Use Permit
08/07/02 (U-0200-00) which allowed a Restaurant Service Bar in conjunction
with an existing restaurant and proposed expansion located at 1202-
1204 South Main Street.
The City Council approved a request for a Review of Condition (ROC-
7108) of Number 8 of approved Special Use Permit (U-0200-00) to
remove the requirement to construct all incomplete half-street
08/03/05
improvements (streetlights) adjacent to the site on California Street
prior to occupancy of the proposed expansion at 1204 South Main
Street. Staff recommended denial.
Code Enforcement processed a complaint (#58487) for non-permitted
10/03/07 temporary signs at 1204 South Main Street. The case was resolved on
10/16/07.

NE
SUP-71018 and SDR-71019 [PRJ-69976]
Staff Report Page Six
August 8, 2017 - Planning Commission Meeting

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


The Planning Commission approved a request for a Special Use
Permit (SUP-38865) for a proposed 7,940 square-foot Urban Lounge
08/26/10
with outdoor dining area within an existing restaurant at 1204 South
Main Street. Staff recommended approval.
Staff administratively approved a request for a Minor Site Development
03/15/11 Plan Review (SDR-41084) for a proposed outdoor dining area at an
existing restaurant at 1204 South Main Street.
Code Enforcement processed a complaint (#115920) for non-permitted
06/19/12 temporary signs at 1206 South Main Street. The case was resolved on
09/17/12.
Parcel Map (PMP-53854) for a one-lot merger and resubdivision
04/23/14 parcel map on 0.49 acres at the southwest corner of California Street
and Main Street was received. The map recorded on 05/26/15.
Code Enforcement processed a complaint (#155226) for non-permitted
05/21/15 temporary signs at 1204 South Main Street. The case was resolved on
06/04/15.

Most Recent Change of Ownership


11/25/09 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A business license was issued (#R09-00041) for a restaurant at 1204
Pre-1991
South Main Street.
A building permit (#96022667) was issued for a non-work certificate of
11/13/96 occupancy in order to change the use of the building to a restaurant at
1202 South Main Street. The permit expired on 05/17/97.
A building permit (#2008470) was issued for a sign (tag #006049) at
05/09/02 1202 South Main Street. The permit was renewed on 03/06/03, and
received its final inspection on 03/07/03
A building permit (#2015650) was issued for a tenant improvement
08/28/02 (remodel and expansion) at 1204 South Main Street. The permit
received its final inspection on 04/25/03.
A business license (L19-00008) was issued for a service bar at 1204
09/24/03
South Main Street. The license is active as of 07/24/17.
A building permit (#34516) was issued for a fire sprinkler system at
01/24/05
1204 South Main Street. The permit did not receive its final inspection.

NE
SUP-71018 and SDR-71019 [PRJ-69976]
Staff Report Page Seven
August 8, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


A building permit (#97097) was issued for disaster repair at 1204
02/13/06 South Main Street. The permit received its final inspection on
01/13/09.
A building permit (#97097) was issued for a generator at 1202 South
08/31/07
Main Street. The permit did not receive its final inspection.
A building permit (#97092) was issued for new 600 AMP service at
09/04/07
1202 South Main Street. The permit did not receive its final inspection.
A building permit (#193937) was issued for a tenant improvement at
09/20/11 1204 South Main Street. The permit received its final inspection on
01/04/12.
A business license (L41-00003) was issued for an Urban Lounge at
1204 South Main Street. The license is active as of 07/24/17.
10/03/11
A business license (G01-02430) was issued for restricted gaming at
1204 South Main Street. The license is active as of 07/24/17.
A building permit (#230019) was issued for a kitchen hood at 1204
02/20/13 South Main Street. The permit received its final inspection on
11/08/13.
A building permit (#256049) was issued to relocate a sink at 1204
03/11/14
South Main Street. The permit did not receive its final inspection.
A business license (G64-01679) was issued for an ATM (Automated
Teller Machine) at 1204 South Main Street. The license is active as of
03/16/16 07/24/17.
A business license (G64-04748) was issued for amusement machines
at 1204 South Main Street. The license is active as of 07/24/17.

Pre-Application Meeting
Staff conducted a pre-application meeting with the applicant where the
04/13/17 submittal requirements for a Major Amendment to a Special Use
Permit and a Site Development Plan Review were discussed.

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

NE
SUP-71018 and SDR-71019 [PRJ-69976]
Staff Report Page Eight
August 8, 2017 - Planning Commission Meeting

Field Check
Staff performed a routine field check where the subject Restaurant and
Urban Lounge were observed to be free of graffiti and debris. A
06/29/17 temporary sign (banner) was observed on the southern elevation
facing the parking lot. Staff was unable to locate a temporary sign
permit for the sign.

Details of Application Request


Site Area
Net Acres 0.48

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Restaurant / C-M
C (Commercial)
Property Urban Lounge (Commercial/Industrial)
General Retail
Store, Other Than
Listed C-M
North C (Commercial)
(Commercial/Industrial)
Tavern Limited
General Retail
Store, Other Than C-M
South Listed C (Commercial)
(Commercial/Industrial)
Tavern Limited
General Retail
C-M
East Store, Other Than C (Commercial)
(Commercial/Industrial)
Listed
Health Club
LI/R (Light Industry / C-M
West Office, Other Than Research) (Commercial/Industrial)
Listed

Master and Neighborhood Plan Areas Compliance


Downtown Centennial Plan Y

NE
SUP-71018 and SDR-71019 [PRJ-69976]
Staff Report Page Nine
August 8, 2017 - Planning Commission Meeting

Special Area and Overlay Districts Compliance


DCP-O (Downtown Centennial Plan Overlay) District Y
LW-O (Live/Work 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

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Main Street Primary Arterial Streets and 85 N*
Highways
Master Plan of
California Street Major Collector Streets and 74 N**
Highways
*A Condition of Approval has been added requiring a License Agreement from the applicant for
landscaping and private improvements in the Main Street public right-of-way.
**A Condition of Approval has been added requiring the applicant to coordinate with City
Engineers office for the California Street Complete Streets public improvement project.

Streetscape Standards Required Provided Compliance


Five-foot Amenity Zone No Amenity Zone,
18b The Las Vegas
with 10-foot Wide Five-foot Wide N*
Arts District
Sidewalk Sidewalk
*A Condition of Approval has been added requiring a License Agreement from the applicant for
landscaping and private improvements in the Main Street public right-of-way.

NE
SUP-71018 and SDR-71019 [PRJ-69976]
Staff Report Page Ten
August 8, 2017 - Planning Commission Meeting

Parking Requirement - Downtown


Gross Floor Base Parking Requirement Provided Compliance
Area or Parking Parking
Use
Number of Parking Ratio Handi- Handi-
Regular Regular
Units capped capped
1 Space per
50 SF of
Public 145
Seating
(7,230 SF)
Restaurant
1:200 for
the
19,016 SF Remaining 59
SF
(11,786 SF)
To be
determined
Urban
on a case- 0
Lounge
by-case
basis.
TOTAL SPACES REQUIRED 204 13 Y*
Regular and Handicap Spaces Required 197 7 11 2 Y*
Loading 10,000 to
19,016 SF 2 0 Y**
Spaces 29,999 SF
*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.
**Per Title 19.08, Except for uses within the Downtown Centennial Plan Overlay District,
every use that receives or distributes materials or merchandise by truck shall provide and
maintain on-site loading spaces.

NE
SUP-71018
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SUP-71018 and SDR-71019



SUP-71018 and SDR-71019



SUP-71018 and SDR-71019



SUP-71018 and SDR-71019



SUP-71018 and SDR-71019



SUP-71018 and SDR-71019



SUP-71018 and SDR-71019



SUP-71018 and SDR-71019



SUP-71018 and SDR-71019



SUP-71018 and SDR-71019


SUP-71018 and SDR-71019
SUP-71018 [PRJ-69976] - SPECIAL USE PERMIT RELATED TO SDR-71019 - APPLICANT: CASA DON JUAN
RESTAURANTS - OWNER: MGG, LLC
1208 SOUTH MAIN STREET
06/29/17
SUP-71018 [PRJ-69976] - SPECIAL USE PERMIT RELATED TO SDR-71019 - APPLICANT: CASA DON JUAN
RESTAURANTS - OWNER: MGG, LLC
1208 SOUTH MAIN STREET
06/29/17
SUP-71018 [PRJ-69976] - SPECIAL USE PERMIT RELATED TO SDR-71019 - APPLICANT: CASA DON JUAN
RESTAURANTS - OWNER: MGG, LLC
1208 SOUTH MAIN STREET
06/29/17
Agenda Item No.: 13.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SDR-71019 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-71018 - PUBLIC
HEARING - APPLICANT: CASA DON JUAN RESTAURANTS - OWNER: MGG, LLC - For
possible action on a request for a Site Development Plan Review FOR A PROPOSED 11,076
SQUARE-FOOT EXPANSION OF A 7,940 SQUARE-FOOT EXISTING RESTAURANT
WITH OUTDOOR DINING at 1208 South Main Street (APN 162-03-105-005), C-M
(Commercial/Industrial) Zone, Ward 3 (Coffin) [PRJ-69976]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 9/20/2017


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. Traffic Notes from the Department of Public Works
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-71019
SDR-71019
SDR 71019
Casa Don Juan Restaurants

1208 S. Main Street


Proposed 7.94 thousand square foot addition to an existing restaurant.

Proposed Use

Average Daily Traffic (ADT) 127.15 1,010


HIGH-TURNOVER (SIT-DWN)
AM Peak Hour RESTAURANT [1000 SF]
7.94 10.81 86
PM Peak Hour 9.85 78

Existing traffic on nearby streets:


Main Street
Average Daily Traffic (ADT) 11,770
PM Peak Hour (heaviest 60 minutes) 942

Charleston Boulevard
Average Daily Traffic (ADT) 37,780
PM Peak Hour (heaviest 60 minutes) 3,022

Traffic Capacity of adjacent streets:


Adjacent Street ADT Capacity
Main Street 20,280
Charleston Boulevard 53,445

This project will add approximately 1,010 trips per day on Main St., California St. and Charleston Blvd. Currently, Main is at
about 58 percent of capacity and Charleston is at about 71 percent of capacity. With this project, Main is expected to be at
about 63 percent of capacity and Charleston to be at about 73 percent of capacity. Counts are not available for California,
but it is believed to be under capacity.

Based on Peak Hour use, this development will add into the area roughly 86 additional cars, or about three every two
minutes.

Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 14.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-71072 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: LUIS
CONTRERAS, JR - OWNER: BRIDGE GROUP INVESTMENTS, LLC - For possible action
on a request for a Special Use Permit FOR A PROPOSED 1,400 SQUARE-FOOT
BEER/WINE/COOLER ON-SALE ESTABLISHMENT USE WITHIN AN EXISTING
RESTAURANT WITH A 384-FOOT DISTANCE SEPARATION FROM AN EXISTING
CHURCH WHERE 400 FEET IS REQUIRED at 1745 South Rainbow Boulevard, Suite C (APN
163-03-603-011), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ-68964]. Staff
recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 9/20/2017


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 Map
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Comment
SUP-71072 [PRJ-68964]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: AUGUST 8, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: LUIS CONTRERAS, JR - OWNER: BRIDGE
GROUP INVESTMENTS, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71072 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 18

NOTICES MAILED 590

PROTESTS 1

APPROVALS 0

CS
SUP-71072 [PRJ-68964]
Conditions Page One
August 8, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71072 CONDITIONS

Planning

1. All signage shall be permitted and meet minimum code requirements within 30
days of final approval.

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.

CS
SUP-71072 [PRJ-68964]
Staff Report Page One
August 8, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a Special Use Permit request to allow a Beer/Wine/Cooler, On-Sale


Establishment within 400 feet of a protected land use. The subject site is located at
1745 South Rainbow Boulevard, Suite C.

ISSUES

x A Special Use Permit is required for a Beer/Wine/Cooler On-Sale Establishment


when the use does not meet the distance separation requirement. Staff supports
this request.

ANALYSIS

The applicant is proposing to establish a Beer/Wine/Cooler On-Sale Establishment use


within an existing 1,400 square-foot restaurant located within a shopping center. The
use is listed as a conditional use in the C-1 (Limited Commercial) zoning district.
However, the applicant must obtain a Special Use Permit because the subject site is
located within 400 feet of a Church/House of Worship. The proposed Beer/Wine/Cooler
On-Sale use is approximately 384 feet from Bahai Faith Center.

Per Title 19, 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 this definition as the applicant intends to operate a restaurant with
the option to sell beer, wine and cooler beverages to be consumed on site.

The Conditional Use Requirements for this use include:

1. Except as otherwise provided, any beer/wine/cooler on-sale establishment (hereinafter


establishment) must be more than 400 feet from any church/house of worship, school,
individual care center licensed for more than 12 children, or City park.

The proposed site does not meet this requirement as it is located 384 feet from a
Church/House of Worship.

CS
SUP-71072 [PRJ-68964]
Staff Report Page Two
August 8, 2017 - Planning Commission Meeting

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


Regulation 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 Regulation 1.

The requirements of this condition were used to determine the distance of the
City Park from the proposed Beer/Wine/Cooler On-Sale Establishment.

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 Regulation 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.

N/A

4. The minimum distance requirements in Regulation 1 do not apply to: a) An


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

N/A

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

A condition of approval has been placed on the Special Use to ensure this
requirement is met.

CS
SUP-71072 [PRJ-68964]
Staff Report Page Three
August 8, 2017 - Planning Commission Meeting

While there is a protected land use located within 400 feet of the subject property, the
proposed Beer/Wine/Cooler On-Sale Establishment use will be situated within a
shopping center over 600 feet from the nearest protected land use property. There is
no direct access from the protected land use to the shopping center. Other alcohol
related uses have operated within the subject shopping center in recent years. During a
routine field check, staff found that there were illegal signage issues on the subject
building. This information has been forwarded to Code Enforcement. The approval of
this Special Use Permit will only allow customers of the restaurant to purchase an
alcoholic beverage to consume on site and it can be conducted in a manner that is
compatible with the surrounding land uses; Therefore, staff recommends approval,
subject to conditions.

FINDINGS (SUP-71072)

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

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


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

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


a manner that is harmonious and compatible with neighboring commercial and
residential uses in the area.

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

The subject site is located within an existing shopping center development that is
physically suitable for the intensity of the proposed land use.

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


adequate in size to meet the requirements of the proposed use.

Adequate access to the site is provided by Rainbow Boulevard, an approximately


150-foot Primary Arterial as classified by the Master Plan of Streets and
Highways.

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

CS
SUP-71072 [PRJ-68964]
Staff Report Page Four
August 8, 2017 - Planning Commission Meeting

Approval of this Special Use Permit will not compromise the public health, safety
and general welfare of the public. The use will be subject to licensing restrictions
and regular inspections.

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

The applicant meets all conditions of Title 19 except for the distance separation
requirement, for which a Special Use Permit is being requested.

BACKGROUND INFORMATION

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


Clark County approved Zoning Case (ZC-0004-85) which allowed a
02/06/85 zoning reclassification from R-E (Rural Estates Residential) Zone to C-
2 (General Commercial) Zone.
The Board of Zoning Adjustment approved Variance Case (V-0044-91)
05/23/91 to allow a 540 square-foot shopping center identification sign where
400 square feet is the maximum size permitted.
The City Council approved Special Use Permit (U-0136-99) to allow a
02/16/00 secondhand dealer in conjunction with an existing 32,400 square-foot
retail center.

Most Recent Change of Ownership


06/28/13 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


Business License (L10-00317) was issued for a Beer/Wine/Cooler Off-
05/24/10 Sale use at 1725 South Rainbow Boulevard, Suite 1. The license
expired 04/01/14.
Business License (G63-09135) was issued for a drive through snack
12/28/15 bar located at 1735 South Rainbow Boulevard. The license remains
active.
Business License (G64-01658) was issued for a full service restaurant
03/21/16 located at 1745 South Rainbow Boulevard, Suite C. The license
remains active.

CS
SUP-71072 [PRJ-68964]
Staff Report Page Five
August 8, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


Business License (G64-01886) was issued for a pediatric medical
04/11/16 office located at 1725 South Rainbow Boulevard, Suite 17. The
license remains active.
Business License (G64-05206) was issued for a general retail sales
08/22/16 store located at 1725 South Rainbow Boulevard, Suite 19. The license
remains active.
Business License (G64-07380) was issued for a smoke shop located
10/26/16 at 1725 South Rainbow Boulevard, Suite 8. The license remains
active.
Business License (G63-06316) was issued for a general retail sales
11/07/16 store located at 1701 South Rainbow Boulevard. The license remains
active.
Business License (G65-02945) was issued for a printing service store
04/26/17 located at 1725 South Rainbow Boulevard, Suite 16. The license
remains active.

Pre-Application Meeting
Staff conducted a pre-application meeting with the applicant where
02/07/17
the 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 active shopping
06/29/17 center. Illegal signage was also found and forwarded to the Code
Enforcement Department.

Details of Application Request


Site Area
Net Acres 3.87

CS
SUP-71072 [PRJ-68964]
Staff Report Page Six
August 8, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject SC (Service C-1 (Limited
Shopping Center
Property Commercial) Commercial)
C-1 (Limited
Office, other than SC (Service Commercial)
North
listed Commercial) P-R (Professional
Office and Parking)
SC (Service C-1 (Limited
South Shopping Center
Commercial) Commercial)
SC (Service C-1 (Limited
East Shopping Center
Commercial) Commercial)
LVVWD Reservoir
R-E (Residence
West and Pumping PF (Public Facilities)
Estates)
Station

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

CS
SUP-71072 [PRJ-68964]
Staff Report Page Seven
August 8, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

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
Shopping
3,400 SF
Center
(existing 1/250 SF 14
(portion of
building)
site)
TOTAL SPACES REQUIRED 14 34 Y
Regular and Handicap Spaces Required 13 1 33 1 Y

Special Use Permit with a Waiver


Requirement Request Staff Recommendation
Maintain a distance
separation of 400 feet from
any Church/House of To allow a 384-foot distance
Worship, School, Individual separation from an existing Approval
Care Center licensed for Church/House of Worship
more than 12 children or City
park.

CS
SUP-71072



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SUP-71072
SUP-71072 [PRJ-68964] - SPECIAL USE PERMIT - APPLICANT: LUIS CONTRERAS, JR - OWNER: BRIDGE GROUP
INVESTMENTS, LLC
1745 SOUTH RAINBOW BOULEVARD, SUITE C
06/29/17
SUP-71072 [PRJ-68964] - SPECIAL USE PERMIT - APPLICANT: LUIS CONTRERAS, JR - OWNER: BRIDGE GROUP
INVESTMENTS, LLC
1745 SOUTH RAINBOW BOULEVARD, SUITE C
06/29/17
SUP-71072 [PRJ-68964] - SPECIAL USE PERMIT - APPLICANT: LUIS CONTRERAS, JR - OWNER: BRIDGE GROUP
INVESTMENTS, LLC
1745 SOUTH RAINBOW BOULEVARD, SUITE C
06/29/17
Agenda Item No.: 15.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - VAR-67949 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER:
SAMARITAN HOUSE, INC. - For possible action on a request for a Variance TO ALLOW SIX
PARKING SPACES WHERE 11 SPACES ARE REQUIRED on 0.19 acres at the northeast
corner of Adams Avenue and 4th Street (APN 139-27-603-014), C-V (Civic) Zone, Ward 5
(Barlow) [PRJ-67708]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 9/20/2017


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 4
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-67949, VAR-69804 and SDR-67950 [PRJ-67708]
2. Conditions and Staff Report - VAR-67949, VAR-69804 and SDR-67950 [PRJ-67708]
3. Supporting Documentation - VAR-67949, VAR-69804 and SDR-67950 [PRJ-67708]
4. Photo(s) - VAR-67949, VAR-69804 and SDR-67950 [PRJ-67708]
5. Justification Letter - VAR-67949, VAR-69804 and SDR-67950 [PRJ-67708]
6. Neighborhood Meeting Briefing submitted by Samaritan House Inc. - VAR-67949, VAR-
69804 and SDR-67950 [PRJ-67708]
7. Support Postcards for VAR-67949 and VAR-69804 [PRJ-67708] and Support Letters for
VAR-67949, VAR-69804 and SDR-67950 [PRJ-67708]
VAR-67949, VAR-69804 and SDR-67950 [PRJ-67708]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: AUGUST 8, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: SAMARITAN HOUSE, INC.

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
Staff recommends DENIAL, if approved subject to
VAR-67949
conditions:
Staff recommends DENIAL, if approved subject to
VAR-69804 VAR-67949
conditions:
Staff recommends DENIAL, if approved subject to VAR-67949
SDR-67950
conditions: VAR-69804

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 13

NOTICES MAILED 47 - VAR-67949 and VAR-69804


47 - SDR-67950

PROTESTS 0 - VAR-67949 and VAR-69804


0 - SDR-67950

APPROVALS 4 - VAR-67949 and VAR-69804


4 - SDR-67950

SS
VAR-67949, VAR-69804 and SDR-67950 [PRJ-67708]
Conditions Page One
August 8, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-67949 CONDITIONS

Planning

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


69804) and Site Development Plan Review (SDR-67950) shall be required, if
approved.

2. Conformance to the approved conditions for Rezoning (Z-0020-02).

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

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

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

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

VAR-69804 CONDITIONS

Planning

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


67949) and Site Development Plan Review (SDR-67950) shall be required, if
approved.

2. Conformance to the approved conditions for Rezoning (Z-0020-02).

SS
VAR-67949, VAR-69804 and SDR-67950 [PRJ-67708]
Conditions Page Two
August 8, 2017 - Planning Commission Meeting

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

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

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

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

SDR-67950 CONDITIONS

Planning

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


67949 and VAR-69804) 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 and landscape plan, date
stamped 06/28/17 and building elevations, date stamped 06/28/17, except as
amended by conditions herein.

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

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

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


Landscape Architect, Residential Designer or Civil Engineer, must be submitted
prior to or at the same time application is made for a building permit. A permanent

SS
VAR-67949, VAR-69804 and SDR-67950 [PRJ-67708]
Conditions Page Three
August 8, 2017 - Planning Commission Meeting

underground sprinkler system is required, and shall be permanently maintained in


a satisfactory manner; the landscape plan shall include irrigation specifications.
Installed landscaping shall not impede visibility of any traffic control device.

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

Public Works

9. Unless otherwise modified by VAR-69804, construct full half-street improvements


on Fourth Street and Adams Avenue concurrent with development of this site. 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.

10. Prior to the issuance of any permits, grant a pedestrian access easement for all
sidewalk located outside of the public right-of-way.

11. All private improvements and landscaping installed with this project shall be
situated and maintained so as to not create sight visibility obstructions for vehicular
traffic at all development access drives and abutting street intersections.

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 or the submittal of a map for this site, whichever may occur first. Provide
and improve all drainage ways as recommended.

SS
VAR-67949 and SDR-67950 [PRJ-67708]
Staff Report Page One
August 8, 2017 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION

The applicant is proposing to construct a 3,060 square-foot, single-story building at the


northeast corner of Adams Avenue and 4th Street to house meetings and activities in
conjunction with an existing alcoholic rehabilitation center (Samaritan House) located
at 1001 North 4th Street.

PROJECT UPDATE

These items have been held in abeyance three times by the applicant. Since the
Planning Commission hearing of June 13, 2017, the applicant has revised the site and
landscaping plan to add additional trees in front of the building and the south and west
elevations to make faade changes that would give the building more of the appearance
of an office. Staffs recommendation remains denial.

ISSUES

x The site is zoned C-V (Civic), which allows certain development standards to be
approved through a Site Development Plan Review if compatible with adjacent
properties. No waivers or exceptions are therefore required.
x A Variance is required to permit six parking spaces where 11 spaces are required.
Staff recommends denial.
x A Variance is required to permit the backing of any motor vehicle onto a public street
from the parking area along Adams Avenue as proposed. Staff recommends denial.
x Half-street improvements on Adams Avenue and 4th Street are required except as
modified by VAR-69804.

ANALYSIS

Development of the site is subject to Title 19.10 standards for developments within the
C-V (Civic) zoning district. The C-V District may provide for any public or quasi-public
use operated or controlled by any recognized religious, fraternal, veteran, civic or
service organization and is consistent with the Public Facilities category of the General
Plan. The proposed development on this site would be operated by the same entity that
operates the residential rehabilitation facility (termed an alcohol rehabilitation center
when first approved in 1967) across the street at 1001 North 4th Street. When both
sites were rezoned to C-V in 2002, the use was termed a Special Care Facility.
Neither term is used by the current version of Title 19. The proposed building would be
used as a gathering place for group meetings and special activities, characteristics that
are similar to an office use.
SS
VAR-67949 and SDR-67950 [PRJ-67708]
Staff Report Page Two
August 8, 2017 - Planning Commission Meeting

Through adoption of the Downtown North Land Use Plan, the General Plan designation
of the site was amended from PF (Public Facilities) to M (Medium Density Residential).
As the zoning of the property remains C-V and the use is closely affiliated with the
existing residential rehabilitation facility at 1001 North 4th Street, the proposed
development is compatible with surrounding land uses and therefore appropriate at this
location. The City, at its discretion, may opt to amend the General Plan designation to
PF at a future date in order to keep the zoning and General Plan designations
consistent.

Per Title 19.10, the minimum development standards for property in the C-V District
shall be established by the City Council in connection with the approval of a rezoning
application or in connection with the approval of a site development plan. Additional
standards relating to the height, perimeter and parking lot design and landscaping are
not applicable to this site, as it is not located adjacent to properties zoned for single-
family use. Due to the narrow width of the lot, the building is configured such that
parking must be reduced (by 45 percent from the minimum Title 19 requirement) and
located along the frontages, with three parking spaces configured to allow vehicles to
back onto Adams Avenue. Offsite improvements, including standard sidewalks, curbs
and gutters, must also be modified to allow for this configuration. The Department of
Public Works has no objection to vehicles backing out into the public right-of-way in this
situation, with the understanding that the majority of persons using the proposed
building on this site will be walking from the residential rehabilitation facility across the
street at 1001 North 4th Street. In addition, there are similar conditions in the area
where sidewalks, curbs and gutters are lacking; therefore, the Department of Public
Works also supports the proposed modification to offsite improvements, provided the
variance to allow vehicles to back out into the right-of-way (VAR-69804) is approved.
However, as the design of the building creates the necessity for reducing the number of
parking spaces and locating three of these spaces such that vehicles must back out into
the right-of-way, staff cannot support the request for both variances.

Half-street improvements are required on 4th Street and Adams Avenue adjacent to the
site. There are currently no sidewalks along the east side of 4th Street or the north side
of Adams Avenue. As part of this plan, a sidewalk is proposed at the corner of Adams
Avenue and 4th Street, with tie-ins to future sidewalks north and east of the property. In
lieu of a sidewalk along 4th Street, which is not practical given the onsite parallel
parking configuration, a pedestrian walkway is provided onsite that connects to an
accessible ramp at the corner. In a similar way, a walkway is provided behind the three
parking spaces on Adams Avenue. Pedestrian access easement(s) must be granted for
public use of these walkways.

SS
VAR-67949 and SDR-67950 [PRJ-67708]
Staff Report Page Three
August 8, 2017 - Planning Commission Meeting

The proposed building would consist of a painted corrugated metal exterior with a
sloped corrugated metal roof. The base of the west and south elevations would include
simulated colored stone veneer and glass doorways. A revision to the elevations dated
06/20/17 added additional stone veneer trimming around the windows on the west
faade and along the south faade to improve the aesthetic appeal where most visible
from public streets. The primary entry from 4th Street would be sheltered by a sloped
canopy. These materials are compatible with other development in this area of the city.

Landscaping will be provided on the site, mostly on the interior adjacent to the building.
One 24-inch box Chilean Mesquite tree is provided at the northwest corner of the site
for screening of mechanical equipment, and shrubs are located around the tree, in front
of the building and at the corner. The materials provided are appropriate for the site.

The use is appropriate for this site. However, the site cannot accommodate a building
of the size proposed, along with the required number of onsite parking spaces. A
smaller building constructed to the frontages would allow for the provision of onsite
spaces behind the building without forcing vehicles to back out onto a public right-of-
way. Staff therefore recommends denial of the two variances and the Site Development
Plan Review, subject to conditions. If denied, permits for development of the site as
proposed cannot be issued.

FINDINGS (VAR-67949)

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.

SS
VAR-67949 and SDR-67950 [PRJ-67708]
Staff Report Page Four
August 8, 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 proposing a building that is too large
for the site to accommodate the required parking for the proposed use. Reducing the
size of the building and altering the 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.

FINDINGS (VAR-69804)

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 parking spaces designed
such that vehicles must back out into Adams Avenue. Reconfiguring the site with a
smaller building 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.

SS
VAR-67949 and SDR-67950 [PRJ-67708]
Staff Report Page Five
August 8, 2017 - Planning Commission Meeting

FINDINGS (SDR-67950)

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 use is appropriate for this site. However, the site cannot accommodate a
building of the size proposed, along with the required number of onsite parking
spaces.
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 configuration of the building and parking lot requires variances to permit fewer
parking spaces than required and to allow vehicles to back out into public right-of-
way. The development otherwise is consistent with development in the C-V
zoning district.

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


neighborhood traffic;

Primary access to the site is from Adams Avenue, a Minor Street. Secondary
access is provided from 4th Street by way of three parallel parking spaces. No
onsite circulation is proposed. Refuse will be picked up from a trash enclosure
located along the 4th Street frontage.

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

Building materials consist of corrugated metal roofing and siding, stone veneer
base and aluminum and glass storefront features. These materials are
compatible with surrounding development. Landscaping consists of one Chilean
Mesquite tree and a variety of five gallon drought-tolerant shrubs labeled as
bulletproof (low maintenance) by the Southern Nevada Regional Planning
Coalition Regional Plant List.

5. Building elevations, design characteristics and other architectural and


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

SS
VAR-67949 and SDR-67950 [PRJ-67708]
Staff Report Page Six
August 8, 2017 - Planning Commission Meeting

The building elevations presented create an aesthetically pleasing environment


and are harmonious and compatible with area development.

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

Site Development is subject to permit review and inspection for protection of the
health, safety and general welfare of the public.

BACKGROUND INFORMATION

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


The Board of City Commissioners approved a Special Use Permit (U-
07/25/68 0025-68) for an alcohol rehabilitation center for 20 persons in the R-3
zoning district at 1001 North 4th Street. Staff recommended approval.
The City Council approved a General Plan Amendment (GPA-0005-
02) from H (High Density Residential) and GC (General Commercial)
to PF (Public Facilities) on 0.55 acres on the west and east sides of
4th Street, approximately 400 feet north of Washington Avenue. The
Planning Commission and staff recommended approval.
The City Council approved a Rezoning (Z-0020-02) from R-3 (Medium
Density Residential) to C-V (Civic) on 0.55 acres on the west and east
sides of 4th Street, approximately 400 feet north of Washington
06/05/02
Avenue. The maximum number of beds allowed in the existing
Special Care Facility was 43. The Planning Commission and staff
recommended approval.
The City Council approved a request for a Site Development Plan
Review and reduction of onsite landscaping [Z-0020-02(1)] for a
proposed parking lot on 0.55 acres on the west and east sides of 4th
Street, approximately 400 feet north of Washington Avenue. The
approval expired 06/05/04.
The Planning Commission approved a Review of Condition [Z-0020-
02(3)] of an approved Rezoning (Z-0020-02) to delete Condition
Number 5, which required the construction of half street improvements
10/04/02
on Adams Avenue and 4th Street on 0.55 acres adjacent to the east
and west sides of Fourth Street, approximately 400 feet north of
Washington Avenue. Staff recommended denial.

SS
VAR-67949 and SDR-67950 [PRJ-67708]
Staff Report Page Seven
August 8, 2017 - Planning Commission Meeting

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


The City Council approved a General Plan Amendment (GPA-2249) to
adopt the Downtown North Land Use Plan on 514 acres generally
located south of Owens Avenue, east of Interstate 15, north of
Interstate 15 and west of Bruce Street, Sagman Street and 9th Street.
05/21/03
The Planning Commission and staff recommended approval. As part
of this request, the General Plan designation of the subject property
was amended from PF (Public Facilities) to M (Medium Density
Residential).
Code Enforcement opened a Case (43590) for a complaint about
06/20/06 cabinets and junk in the front of the property at 1002 North 4th Street.
The Case was resolved 07/31/06.
The Planning Commission approved a request for a Site Development
Plan Review (SDR-15764) for a proposed parking lot on 0.19 acres at
09/21/06
1002 North 4th Street. Staff recommended approval. The approval
expired 09/21/08.
The City Council approved a General Plan Amendment (GPA-29886)
to amend the Downtown North Land Use Plan. The land use
11/19/08
designation of the subject site was not affected by the amendment.
The Planning Commission and staff recommended approval.
The Planning Commission voted (7-0) to hold VAR-67949 and SDR-
05/09/17 67950 [PRJ-67708] in abeyance to the June 13, 2017 Planning
Commission meeting.
The Planning Commission voted (7-0) to hold VAR-67949 and SDR-
06/13/17 67950 [PRJ-67708] in abeyance to the July 11, 2017 Planning
Commission meeting.
The Planning Commission voted (6-0) to hold VAR-67949 and SDR-
07/11/17 67950 [PRJ-67708] in abeyance to the August 8, 2017 Planning
Commission meeting.

Most Recent Change of Ownership


12/17/71 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#01009512) was issued for a 3-foot to 9-foot
05/30/01 engineered block wall at 1002 North 4th Street. A final inspection was
completed 09/24/01.

SS
VAR-67949 and SDR-67950 [PRJ-67708]
Staff Report Page Eight
August 8, 2017 - Planning Commission Meeting

Pre-Application Meeting
A pre-application meeting was held to discuss submittal requirements
for a Site Development Plan Review application for a proposed
building on a vacant site. Due to size of the lot, the applicant claimed
11/10/16 that the building could not be placed at the front setback and parking
could not be located at the side or rear of the building. Variances
would therefore be required for this standard and to allow vehicles to
back into a public street.

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

Field Check
The site is currently vacant, unimproved and cleared of weeds and
debris. Existing screening and retaining walls are located along the
east and north perimeter of the property. Above-ground power lines
03/30/17
run along the south and west perimeters of the site. Public Works
commented that half-street improvements will be required on Adams
Avenue.

Details of Application Request


Site Area
Net Acres 0.19

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject M (Medium Density
Undeveloped C-V (Civic)
Property Residential)
Manufactured
Home (Qualifying R-MHP (Residential
M (Medium Density
North for treatment as Mobile/Manufactured
Residential)
Single Family Home Park)
Dwelling)
Hotel, Motel or GC (General C-2 (General
South
Motel Suites Commercial) Commercial)

SS
VAR-67949 and SDR-67950 [PRJ-67708]
Staff Report Page Nine
August 8, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
SC (Service C-1 (Limited
East Outdoor Storage
Commercial) Commercial)
Social Service M (Medium Density
West C-V (Civic)
Provider Residential)

Master and Neighborhood Plan Areas Compliance


Downtown North Plan Y
Special Purpose and Overlay Districts Compliance
C-V (Civic) District Y
A-O (Airport Overlay) District (200 Feet) Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area (Expansion Area 1) 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 19.10, development standards for properties zoned C-V are
determined and evaluated through a Site Development Plan Review. The
following standards are proposed:
Standard Provided
Min. Lot Size 8,276 SF
Min. Lot Width 65 Feet
Min. Setbacks
x Front 24 Feet
x Side 6 Feet
x Corner 23 Feet
x Rear 6 Feet
Max. Lot Coverage 37 %
Max. Building Height 17 Feet
Trash Enclosure Screened, Gated, w/ a Roof or Trellis
Mech. Equipment Screened

SS
VAR-67949 and SDR-67950 [PRJ-67708]
Staff Report Page Ten
August 8, 2017 - Planning Commission Meeting

Pursuant to Title 19.10, landscaping standards are not automatically applicable to the
subject property. However, the following the following standards apply:
Landscaping and Open Space Standards
Standards Required Provided Compliance

Existing 3-9
retaining wall on
Wall Height 6 to 8 Feet Adjacent to Residential north perimeter Y
(5.5 on property
side)
Min. Zone Width:
x North N/A 0 feet N/A
x South N/A 0 feet N/A
x East N/A 0 feet N/A
x West N/A 0 feet N/A

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Adams Avenue Minor Street Title 13.12 47 N/A
4th Street Minor Street Title 13.12 49 N/A

Pursuant to Title 19.12 and Title 19.18, 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
1 space
Office, Other
3,060 SF per 300 11
Than Listed
SF GFA
TOTAL SPACES REQUIRED 11 6 N
Regular and Handicap Spaces Required 10 1 5 1 N
Deviation from Title 19 45% N

SS
A 7 7 A

A 7 7 A b A 7

b 7 7 VAR-67949 A
777 77
77A 7 7777
77
77 A 77 7
77777' 777 777 777b 7b 7
7b 777 77777777 7
7 7777 77777 77
777777 77

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

b 7

777 7 7
7

77 77

7 7777 A 7 7b

777777b 777 A7

7777
A 7 7

7A 77 7
7 7
A 7 7 A
A b A 77 7
A 7 77 7 7 7 7
7A 7 77b 7 4
7 7 7
A 777 7 77 77 7777 7
777 7 77
b 77 7 7A 7
7A 7 7
A 7

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

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

A b 77 7 7777 77
A 77777777 7 7 7
b 77 7 777b 7 77 7
7A
7777 777777 7 7 77 777777777 7' 7777777b7777
77 777777 777 77 777777777777 77 77
77777777777777 7777 77 '77 77777 77

7 7  7 A 7 7
A777 77777 77 7 77 777 7 b 7 VAR-67949
7 7 7 7 7 4
7
77 77
7
7 77 77 77 7 7 7
7
777777b 7777 77 777 7 77
7
777 77
77777 7
A7
7777
77 7777
A 7 7
7A 7 7 77

VAR-67949, VAR-69804 and SDR-67950 - REVISED



VAR-67949, VAR-69804 and SDR-67950 - REVISED



VAR-67949, VAR-69804 and SDR-67950 - REVISED



VAR-67949, VAR-69804 and SDR-67950 - REVISED


7b


7 7 7
77 77777
7777 7 7 A 7 7
7777
7 777 77


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


77777
7 77 77

7 7 2 7 7 7 7

7 7b

7 A 7 7 b 7 7 b 7

VAR-67949, VAR-69804 and SDR-67950


7

7

VAR-67949, VAR-69804 and SDR-67950



VAR-67949 [PRJ-67708] - VARIANCE RELATED TO VAR-69804 AND SDR-67950 - APPLICANT/OWNER:
SAMARITAN HOUSE, INC.
NORTHEAST CORNER OF ADAMS AVENUE AND 4TH STREET
03/30/2017
VAR-67949 [PRJ-67708] - VARIANCE RELATED TO VAR-69804 AND SDR-67950 - APPLICANT/OWNER:
SAMARITAN HOUSE, INC.
NORTHEAST CORNER OF ADAMS AVENUE AND 4TH STREET
03/30/2017
VAR-67949 [PRJ-67708] - VARIANCE RELATED TO VAR-69804 AND SDR-67950 - APPLICANT/OWNER:
SAMARITAN HOUSE, INC.
NORTHEAST CORNER OF ADAMS AVENUE AND 4TH STREET
03/30/2017
7 7 7 b 7b

7 77 77 7 7

7 7 7 7 7 7 7 77 7 777 7 7
7 77 7 7 7 7 ' 7 7 7 7 7 7 7 7
' 7 7 7A 7A 7 7 7 7 777 7 7 7 7 7
7 7 7 7 7 77 7 7 7 77 7 7

7 7 7 7 7 7 7 7777 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 77 7 7 7
7 7 7 7 7 7 7 7 7

77 7 77 7 7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 7 7 77 77
b 7 7 7 7 7 7 7 77 77 7 7 7 7 ' 7 7 7 7 7b

7777
7 7

VAR-67949, VAR-69804 and SDR-67950 - REVISED


June 29, 2017

VAR-67949, VAR-69804 and SDR-67950


June 29, 2017

VAR-67949, VAR-69804 and SDR-67950


June 29, 2017

VAR-67949, VAR-69804 and SDR-67950


June 29, 2017

VAR-67949, VAR-69804 and SDR-67950 [PRJ-67708]


20-22
A
June 29, 2017

VAR-67949, VAR-69804 and SDR-67950 [PRJ-67708] 20-22


A
Agenda Item No.: 16.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - VAR-69804 - VARIANCE RELATED TO VAR-67949 - PUBLIC HEARING -
APPLICANT/OWNER: SAMARITAN HOUSE, INC. - For possible action on a request for a
Variance TO ALLOW THE BACKING OF A MOTOR VEHICLE ONTO A PUBLIC STREET
FROM A PARKING AREA WHERE SUCH IS NOT ALLOWED on 0.19 acres at the northeast
corner of Adams Avenue and 4th Street (APN 139-27-603-014), C-V (Civic) Zone, Ward 5
(Barlow) [PRJ-67708]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 9/20/2017


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 4
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.
A 7 7 A

A 7 7 A b A 7

b 7 7 VAR-69804 A
777 77
77A 7 7777
77
77 A 77 7
77777' 777 777 777b 7b 7
7b 777 77777777 7
7 7777 77777 77
777777 77

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

b 7

777 7 7
7

77 77

7 7777 A 7 7b

777777b 777 A7

7777
A 7 7

7A 77 7
7 7
A 7 7 A
A b A 77 7
A 7 77 7 7 7 7
7A 7 77b 7 4
7 7 7
A 777 7 77 77 7777 7
777 7 77
b 77 7 7A 7
7A 7 7
A 7

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

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

A b 77 7 7777 77
A 77777777 7 7 7
b 77 7 777b 7 77 7
7A
7777 777777 7 7 77 777777777 7' 7777777b7777
77 777777 777 77 777777777777 77 77
77777777777777 7777 77 '77 77777 77

7 7  7 A 7 7
A777 77777 77 7
7 7 7 7 7
77 777 7
4
b 7 VAR-69804
7
77 77
7
7 77 77 77 7 7 7
7
777777b 7777 77 777 7 77
7
777 77
77777 7
A7
7777
77 7777
A 7 7
7A 7 7 77
Agenda Item No.: 17.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - SDR-67950 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-
67949 AND VAR-69804 - PUBLIC HEARING - APPLICANT/OWNER: SAMARITAN
HOUSE, INC. - For possible action on a request for a Site Development Plan Review FOR A
PROPOSED 3,060 SQUARE-FOOT BUILDING on 0.19 acres at the northeast corner of Adams
Avenue and 4th Street (APN 139-27-603-014), C-V (Civic) Zone, Ward 5 (Barlow) [PRJ-
67708]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 9/20/2017


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 4
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 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.
A 7 7 A

A 7 7 A b A 7

b 7 7 SDR-67950 A

777 77
77A 7 7777
77
77 A 77 7
77777' 777 777 777b 7b 7
7b 777 77777777 7
7 7777 77777 77
777777 77

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

b 7

777 7 7
7

77 77

7 7777 A 7 7b

777777b 777 A7

7777
A 7 7

7A 77 7
7 7
A 7 7 A
A b A 77 7
A 7 77 7 7 7 7
7A 7 77b 7 4
7 7 7
A 777 7 77 77 7777 7
777 7 77
b 77 7 7A 7
7A 7 7
A 7

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

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

A b 77 7 7777 77
A 77777777 7 7 7
b 77 7 777b 7 77 7
7A
7777 777777 7 7 77 777777777 7' 7777777b7777
77 777777 777 77 777777777777 77 77
77777777777777 7777 77 '77 77777 77

7 7  7 A 7 7
A777 77777 77 7 77 777 7 b 7
7 7 7 7 7 4 SDR-67950
7
77 77
7
7 77 77 77 7 7 7
7
777777b 7777 77 777 7 77
7
777 77
77777 7
A7
7777
77 7777
A 7 7
7A 7 7 77
SDR 67950
Samaritan House, Inc.

NEC Adams Avenue and 4th Street


Proposed 3.06 thousand square foot meeting house.

Proposed Use

Average Daily Traffic (ADT) 11.03 34


AM Peak Hour GENERAL OFFICE BUILDING [1000 SF] 3.06 1.56 5
PM Peak Hour 1.49 5

Existing traffic on nearby streets:


Las Vegas Boulevard
Average Daily Traffic (ADT) 25,356
PM Peak Hour (heaviest 60 minutes) 2,028

Washington Avenue
Average Daily Traffic (ADT) 16,516
PM Peak Hour (heaviest 60 minutes) 1,321

Adjacent Street ADT Capacity


Las Vegas Boulevard 33,800
Washington Avenue 33,800

This project will add approximately 34 trips per day on Adams Ave., 4th St., Las Vegas Blvd. and Washington Ave.
Currently, Las Vegas is at about 75 percent of capacity and Washington is at about 49 percent of capacity. With this
project, these capacities are expected to be unchanged. Counts are not available for Adams or 4th in this vicinity, but they
are believed to be under capacity.

Based on Peak Hour use, this development will add into the area roughly 5 additional cars, or about one every twelve
minutes.

Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 18.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 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.: 9/20/2017

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: AUGUST 8, 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 0 - ZON-70762 and WVR-70763


0 - VAC-70765
0 - TMP-70766

APPROVALS 1 - ZON-70762 and WVR-70763


0 - VAC-70765
1 - TMP-70766

PB
ZON-70762, WVR-70763, VAC-70765 and TMP-70766 [PRJ-70527]
Conditions Page One
August 8, 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
August 8, 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
August 8, 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
August 8, 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
August 8, 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
August 8, 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

x 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.
x Rezoning (ZON-70762) would rezone the property from R-E (Residence Estates) to
R-1 (Single Family Residential).
x 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.
x Vacation (VAC-70765) would vacate U.S. Government Patent Easements.
x 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
August 8, 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
August 8, 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
August 8, 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
August 8, 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.

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
August 8, 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
August 8, 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

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ZON-70762, WVR-70763, VAC-70765 and TMP-70766 - REVISED


A77

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ZON-70762, WVR-70763, VAC-70765 and TMP-70766 - REVISED


A77

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ZON-70762, WVR-70763, VAC-70765 and TMP-70766 - REVISED


A77

A A

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ZON-70762, WVR-70763, VAC-70765 and TMP-70766 - REVISED




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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

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77A7777777b777777
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ZON-70762, WVR-70763, VAC-70765 and TMP-70766


b77777
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777777

777

7777A 77
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ZON-70762, WVR-70763, VAC-70765 and TMP-70766



ZON-70762, WVR-70763, VAC-70765 and TMP-70766


Agenda Item No.: 19.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 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.: 9/20/2017

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.: 20.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 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.: 9/20/2017

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.: 21.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 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.: 9/20/2017

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
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TMP-70766 - REVISED
TMP-70766 - REVISED


b7 7A7A7
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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.: 22.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - VAR-70643 - VARIANCE - PUBLIC HEARING - APPLICANT: RAY
GRABLE - OWNER: BARRY SCHULTZ - For possible action on a request for a Variance TO
ALLOW A FIVE-FOOT REAR YARD SETBACK WHERE 10 FEET IS REQUIRED FOR A
PROPOSED ACCESSORY STRUCTURE (CLASS II) [GARAGE] on 0.37 acres located at
4013 Tyler William Lane (APN 138-01-810-006), R-PD2 (Residential Planned Development - 2
Units per Acre) Zone, Ward 6 (Ross) [PRJ-70586]. NOTE: THIS ITEM IS IN WARD 5
(BARLOW). Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 9/20/2017


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 8 Planning Commission Mtg. 8
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. Protest/Support Comment Forms and Postcards
VAR-70643 [PRJ-70586]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: AUGUST 8, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: RAY GRABLE - OWNER: BARRY SCHULTZ

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-70643 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 13

NOTICES MAILED 185

PROTESTS 8

APPROVALS 8

NE
VAR-70643 [PRJ-70586]
Conditions Page One
August 8, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-70643 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-70643 [PRJ-70586]
Staff Report Page One
August 8, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Variance to allow a 480 square-foot detached garage to be


constructed five feet from the rear property line where 10 feet is required at 4013 Tyler
William Lane.

ISSUES

x A Variance is required to allow a five-foot rear yard setback where ten feet is
required for an Accessory Structure.

ANALYSIS

The applicant has proposed to construct a 20-foot by 24-foot Accessory Structure


(Class II) [Garage] in the rear yard of 4013 Tyler William Lane. 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 garage does not
meet the minimum rear yard setback requirement of 10 feet. The applicant is requesting
a Variance to allow a five-foot rear yard setback.

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-70643)

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.

NE
VAR-70643 [PRJ-70586]
Staff Report Page Two
August 8, 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 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.

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-70643 [PRJ-
07/11/17 70586] in abeyance to the August 8, 2017 Planning Commission
meeting.

Most Recent Change of Ownership


06/17/15 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A business license [G64-04005 (Home Occupational Permit)] was
06/08/16 issued for handyman services at 4013 Tyler William Lane. The license
is active as of 06/14/17.

NE
VAR-70643 [PRJ-70586]
Staff Report Page Three
August 8, 2017 - Planning Commission Meeting

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
05/18/17
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.
06/01/17 Staff 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 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)
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)

NE
VAR-70643 [PRJ-70586]
Staff Report Page Four
August 8, 2017 - Planning Commission Meeting

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

DEVELOPMENT STANDARDS

Pursuant to Title 19.06, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Setbacks for an Accessory Structure:
x Side 10 Feet 10 Feet Y
x Rear 10 Feet 5 Feet N*
Min. Distance Between Buildings 6 Feet 8 Feet Y
Max. Rear and Side Yard Coverage 50% 8% Y
16 Feet
Max. Building Height (Principal Dwelling 16 Feet Y
Unit)
*The applicant is requesting a Variance to allow a five-foot rear yard setback.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Tyler William Local
Title 13 40 Y
Lane (Private Street)

NE
VAR-70643



VAR-70643

VAR-70643
VAR-70643



VAR-70643
VAR-70643 [PRJ-70586] - VARIANCE - APPLICANT: RAY GRABLE - OWNER: BARRY SCHULTZ
4013 TYLER WILLIAM LANE
06/01/17
VAR-70643 [PRJ-70586] - VARIANCE - APPLICANT: RAY GRABLE - OWNER: BARRY SCHULTZ
4013 TYLER WILLIAM LANE
06/01/17

VAR-70643
Agenda Item No.: 23.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 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 9/20/2017


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. Abeyance Request Letter
2. Location and Aerial Maps
3. Conditions and Staff Report
4. Supporting Documentation
5. Photo(s)
6. Justification Letter
7. Rancho San Miguel Home Owners Association Approval Letter
8. Protest Petition, Protest/Support Comment Forms/Postcards and Email from Regan Orr
Nora Lares

From: Nicole Eddowes


Sent: Wednesday, July 19, 2017 7:46 AM
To: Nora Lares
Subject: FW: Planning Commission
July 19, 2017

Categories: Red Category

AbeyancerequestforPRJ71001fromAugusttoSeptember.


NicoleEddowes,M.S.|PlannerII
DepartmentofPlanning
333N. RanchoDrive,3rdFloor
7022296745

lasvegasnevada.gov


From: Ray Godfrey [mailto:rayg3frey@yahoo.com]
Sent: Wednesday, July 19, 2017 7:29 AM
To: Nicole Eddowes
Cc: Renee Eskierka
Subject: Re: Planning Commission

GoodmorningNicole

Iapologizeforthelateresponse.I'vebeenworkingreallylongdays.

IwantedtoseeifIcouldrequestbeingmovedtotheSeptagenda.I'llbeoutoftowntheweekof711aug.

Thankyouandpleaseletmeknowifthereisanythingneeded.

RayGodfrey

SentfrommyiPhone


VAR-71002

1 Item 23
VAR-71002 [PRJ-71001]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: AUGUST 8, 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
August 8, 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
August 8, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Variance to allow a three-foot side and 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

x A Variance is required to allow a three-foot side and rear yard setback where 10
feet is required for a proposed Accessory Structure.

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 both the rear and side yard.

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.

NE
VAR-71002 [PRJ-71001]
Staff Report Page Two
August 8, 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 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.

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.

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.

NE
VAR-71002 [PRJ-71001]
Staff Report Page Three
August 8, 2017 - Planning Commission Meeting

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.

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

NE
VAR-71002 [PRJ-71001]
Staff Report Page Four
August 8, 2017 - Planning Commission Meeting

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 Title 19.06, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Setbacks for an Accessory Structure:
x Side 10 Feet 3 Feet N*
x Rear 10 Feet 3 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 and 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
VAR-71002


VAR-71002


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
b777777777777777777777777777777777777777777777777777777777777777777777777777777

777

77777777777777777
777777777777777
777777777777777 7
777717777777717

77777777A7A7b
777777777771
77777777

77777777777777777
77 7777777777777
77777777777b71777
7

777777777777777
777777777777717
77

777777777777777
777777A7777777777
777777777777777

7777777777777777
7777777777777777
7777777b7b7777777177
777777777777b77
777

177777777777

77

VAR-71002



77
7A
77
77b7A
7777

A77

77
777
7777

7A77b7777777777

77777

7 7 A77

7 7 A7777
7 7777777

7 7 77=77

7 7 7777

777777777777777
777777=777

A77b

VAR-71002

77b7A7777777 77b7b77
77

77


7777&777777
77



A b 7 A 7 7 7 7A b A
A b b A 7 7A b A
7 A 7 7b A b 7 2 A
777

A 77 7 7 7 A 7 7 7 77'7 7777
A 7 A

7A 7 7 7 7
7

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

7 7 7 7 b 7 7 7 777 7
2 7 b 7 2 7 7 7 77 77 7 7 77b77

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

7 7 7 7 7 77 7 7 7 7 7 7

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

A b 7 A 7 A7 7 A 7 77777 7
A b 7b 7 7
7Ab7b77
7

7 7A 7 7 7 7 77 7 7 7 7 7 7 7
7 7 7 77 A 7 7 7 7

2 77 77777A 7 7b 7A b 7 77
7 72 7 2 77 777A b 7 7 7 77777 2 77
7777777b 7A 7 77 7



7 7 7 A
7 7 7 7 7b 7A 7 77 7 7
777 2 77 7
A b 7 A 7 7 7 7A b A
A b b A 7 7A b A
A 777 A A 7 2 7 7
7777777
7777777
A 7 7 77777 7 7



7 7 7 A
77 7 7 7b 7A 7 77 7 7
777 277 7
A b 7 A 7 7 7 7A b A
A b b A 7 7A b A
A 777 7 A b 72

7 777 727 77 7 77 7 77777 7


7 7777 77 7 77 7 77 7 7 7
7 7777777 7 7 7 77

7777 7 72 777777 7777


77 7 7772 777777777
7 77A 7 7b 7A b 7 777777 7 7
7777 7777777777 777
7 77 77777 7 777777
77A b 77 7777 77777777 77

2 7 7 7 7

2 72 7 7A 7 7 7
77 7
77
b 7

2 72 7 7A A 7 7 A 7 A7
b 7 7 77
72 7 7A 7 7 7 7 7 7

b 7 b 7
72 7 7A 7 7

b 7

72 7 7A 7 7

b 7 7

72 7 7A 7 7

b 7



7 7 7 A
77 7 7 7b 7A 7 77 7 7
777 277 7

7 7 777
77


7



7

7

7
7

7
7

7
7

7

7 7
77


7
7
7 7

7
7
7


7
7 7 7
7

7
7

7
7

7
7
7 7


7 7 7 7 7

7
7
7
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7 7

7

7 7 7
7
7 7 7
7 7 7 777
7 77 7
77
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7 7 7
7 7
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777

7



77
7 77 7777

7 7 7 7 7
7 7
77
7 b 77

7 7
7 7
7 777 7

7
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7

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77 7


7
77
7
7

7

7
7

7

7 7 777
7 777777


18 signatures total

Dup

Dup

Dup
Dup

Dup

Dup
Agenda Item No.: 24.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - SUP-70769 - SPECIAL USE PERMIT - PUBLIC HEARING -
APPLICANT/OWNER: 824 SOUTH DECATUR, LLC - For possible action on a request for a
Special Use Permit FOR A HOTEL, RESIDENCE USE at 824 South Decatur Boulevard (APNs
138-36-802-004 and 005), C-2 (General Commercial) Zone, Ward 1 (Tarkanian) [PRJ-69479].
Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 9/20/2017


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 6 Planning Commission Mtg. 2
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - SUP-70769 and SDR-70770 [PRJ-69479]
2. Conditions and Staff Report - SUP-70769 and SDR-70770 [PRJ-69479]
3. Supporting Documentation - SUP-70769 and SDR-70770 [PRJ-69479]
4. Photo(s) - SUP-70769 and SDR-70770 [PRJ-69479]
5. Justification Letter - SUP-70769 and SDR-70770 [PRJ-69479]
6. Protest/Support Postcards for SUP-70769 and SDR-70770 [PRJ-69479]
SUP-70769 and SDR-70770 [PRJ-69479]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: AUGUST 8, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: PPLICANT/OWNER: 824 SOUTH DECATUR, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL

SUP-70769 Staff recommends APPROVAL, subject to conditions:

SDR-70770 Staff recommends APPROVAL, subject to conditions: SUP-70769

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 23

NOTICES MAILED 255

PROTESTS 6

APPROVALS 2

PB
SUP-70769 and SDR-70770 [PRJ-69479]
Conditions Page One
August 8, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-70769 CONDITIONS

Planning

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

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

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

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

SDR-70770 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-70769) 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 06/13/17, except as amended by conditions
herein.

PB
SUP-70769 and SDR-70770 [PRJ-69479]
Conditions Page Two
August 8, 2017 - Planning Commission Meeting

4. A Waiver from title 19.08.200 (B) is hereby approved, to allow a building with no
changes in wall plane, color, material or relief.

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

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

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


Landscape Architect, Residential Designer or Civil Engineer, must be submitted
prior to or at the same time application is made for a building permit. A permanent
underground sprinkler system is required, and shall be permanently maintained in
a satisfactory manner; the landscape plan shall include irrigation specifications.
Installed landscaping shall not impede visibility of any traffic control device. The
technical landscape plan shall include the following changes from the conceptual
landscape plan: the perimeter landscape buffer areas shall have two inches deep
of non-vegetative ground covers.

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

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

Public Works

10. Correct all Americans with Disabilities Act (ADA) deficiencies on the sidewalk and
the proposed driveways adjacent to this site in accordance with code requirements
of Title 13.56.040 to the satisfaction of the City Engineer concurrent with
development of this site. All existing paving damaged or removed by this
development shall be restored at its original location and to its original width
concurrent with development of this site.

11. Prior to the submittal of any construction drawings, meet with the Sanitary Sewer
Planning Section of the Department of Public Works at 702-229-2179 to determine
an acceptable point of connection to sanitary sewer system. Comply with the
recommendations of the Sanitary Sewer Planning Section.

PB
SUP-70769 and SDR-70770 [PRJ-69479]
Conditions Page Three
August 8, 2017 - Planning Commission Meeting

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. Appropriate fire lanes and turning
radii shall be provided at rear of structure.

13. 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.

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

PB
SUP-70769 and SDR-70770 [PRJ-69479]
Staff Report Page One
August 8, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The request is for a Special Use Permit and a Site Development Plan Review for a
proposed six story, 133-room Residence Hotel at 824 South Decatur Boulevard.

ISSUES

x The subject site is currently developed with an operating Motor Vehicle Sales (Used)
facility.
x A Special Use Permit is required for a Hotel Residence within the C-2 (General
Commercial) zoning district. Staff recommends approval of the request.
x A Site Development Plan Review has been submitted to allow a six story, 133-room
Residence Hotel. Staff recommends approval of the request.
x A previous request for a Special Use Permit (SUP-67136) and Site Development
Plan Review (SDR-67137) for a 140-room, four story Residence Hotel was
withdrawn without prejudice at the 02/01/17 City Council meeting.
x At the 07/11/17 meeting, the applicant was directed by the Planning Commission to
hold a neighborhood meeting, which was scheduled to occur on 08/02/17, after the
date of this report.

ANALYSIS

The request is for a Special Use Permit and a Site Development Plan Review for a
proposed six story, 133-room Residence Hotel at 824 South Decatur Boulevard. The
site is zoned C-2 (General Commercial) and is currently developed with an operating
Motor Vehicle Sales (Used) facility. The site is located within the Las Vegas
Redevelopment Area and the 175-foot Airport Overlay District. The site is adjacent to
an R-1 (Single-family Residential) zoned parcel to the south; however, the site is utilized
as a church, which is a non-residential use. As such, residential adjacency standards
do not apply to the subject property. The site receives access via two drives from
Decatur Boulevard, and the proposed six story building is located generally at the center
of the subject site. Surrounding the building, 133 parking spaces are provided where
133 are required, and 118 of those spaces are proposed to be covered parking.

The building elevations depict a six-story hotel building constructed of overseas


containers with glass curtain wall and concrete accents. A porte-cochere will be located
in front of the building directly over a portion of the parking area. Rooftop mechanical
equipment, if installed, will be required to be screened from view. The upper floor/roof
of the building include a swimming pool/recreation area and larger suites (included in
the 133 room total).

PB
SUP-70769 and SDR-70770 [PRJ-69479]
Staff Report Page Two
August 8, 2017 - Planning Commission Meeting

The applicant has requested a waiver to the requirements of Title 19.08.200 (B), to
allow a building with no changes in wall plane, color, material or relief. Staff supports
the waiver request due to the unique construction method that is being proposed; using
overseas containers for the main construction material makes providing relief and
changes in wall plane unrealistic, and the consistent colors and materials are part of the
architects efforts to provide a cohesive design.

The landscape plan depicts the required perimeter landscape buffer widths along the
property lines. These buffer areas are planted with the required 24-inch box trees every
20 feet on-center. The front-yard perimeter landscaping enhances the street front along
Decatur Boulevard in an area where landscaping is generally lacking along the right-of-
way. Tree species used include Fan Palms, Arizona Mesquites, African Sumacs, and
Rio Grande Ash. Provided shrubs include five-gallon Blue Ranger and Red Yuccas. On
some of the submitted plans the perimeter landscape buffers are depicted as having
natural grass, a condition of approval clarifies that an approved ground cover would be
required instead. The plans indicate covered parking for the vast majority of the parking
required and therefore parking lot landscaping is not required in those areas. The
applicant is considering covering the tops of the parking canopies with plantings as well.

The floor plans depict a consistent room type for the main floors of the structure and
larger suite units on the rooftop near the swimming pool. The units include kitchen
facilities and are consistent with a typical Residence Hotel room.

The proposed development is appropriate for the C-2 (General Commercial) zone and
the Las Vegas Redevelopment Area. The adjacent uses will not be adversely affected
by the proposed residence hotel, and the site is adequately buffered from the multi-
family residential development to the west and the house of worship to the south. The
proposed landscaping will enhance the Decatur Boulevard street front, and measures
have been taken to ensure that the building is aesthetically compatible with the
development in the area. Staff recommends approval of the Site Development Plan
review.

The Hotel Residence use is defined as a multi-dwelling facility for extended stay
lodging, consisting of:
1. Efficiency units or suites with a kitchen containing a refrigerator, sink and cooking
facilities (such as a stove or microwave) suitable for long term occupancy;
2. Customary hotel services such as linen, maid service, telephone and upkeep of
furniture; and
3. Optional resident and guest amenities such as meeting rooms, club house and
recreation facilities. This use does not include facilities which qualify as other
types of dwelling units defined in this Title.

PB
SUP-70769 and SDR-70770 [PRJ-69479]
Staff Report Page Three
August 8, 2017 - Planning Commission Meeting

The site meets the minimum Special Use Requirements of a Hotel-Residence and it is
located an appropriate location. The floor plans depict rooms with full kitchens and
private bathrooms, which are consistent with a typical Hotel Residence room. The hotel
will provide customary hotel services as required, and a pool and recreation area for
hotel guests is proposed on the roof. Staff recommends approval of the request.

Las Vegas Valley Water District (LVVWD)


Parcel 138-36-802-004 is currently served by LVVWD but the existing domestic meter is
not large enough to serve this development. Civil and plumbing plans will need to be
submitted to LVVWD for domestic meter sizing and fire flow availability. Proof of parcel
consolidation will be required prior to civil plan approval by LVVWD.

FINDINGS (SUP-70769)

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 residence hotel is located in a C-2 (General Commercial) zone and
the 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.

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

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

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


adequate in size to meet the requirements of the proposed use.

Decatur Boulevard 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.

PB
SUP-70769 and SDR-70770 [PRJ-69479]
Staff Report Page Four
August 8, 2017 - Planning Commission Meeting

Approval of the Special Use Permit does not compromise the publics health,
safety or general welfare.

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

The use meets all applicable conditions of Title 19.12.

FINDINGS (SDR-70770)

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

1. The proposed development is compatible with adjacent development and


development in the area;

The proposed development is located in a commercial area and is compatible with


adjacent development and development in the area.

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

The development will be consistent with all applicable adopted city plans, policies
and standards.

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


neighborhood traffic;

Site access and circulation will not negatively impact adjacent roadways or
neighborhood traffic. This project will add approximately 1,012 trips per day on
Decatur Boulevard and Charleston Boulevard. Decatur Boulevard is currently at
approximately 72 percent of capacity and Charleston Boulevard is at
approximately 81 percent of capacity, and after this project would rise to
approximately 74 percent and 83 percent respectively.

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

The proposed landscape and building materials are appropriate for the area and
for the City.

PB
SUP-70769 and SDR-70770 [PRJ-69479]
Staff Report Page Five
August 8, 2017 - Planning Commission Meeting

5. Building elevations, design characteristics and other architectural and


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

The building elevations are not unsightly or obnoxious in appearance and are
harmonious and compatible with development in the area.

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

The site will be subject to regular inspection and therefore does not compromise
the publics health, safety or general welfare.

BACKGROUND INFORMATION

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


The City Council approved a Special Use Permit (U-185-92) for Motor
08/25/92
Vehicle Sales (Used) and Auto Rental.
A Special Use Permit (SUP-67136) and Site Development Plan Review
(SDR-67137) for a proposed 140-unit residence hotel were withdrawn
02/01/17
without prejudice at City Council. The Planning Commission and staff
recommended approval.
The Planning Commission voted (6-0) to hold SUP-70769 and SDR-70770
07/11/17 [PRJ-69479] in abeyance to the August 8, 2017 Planning Commission
meeting.

Most Recent Change of Ownership


04/02/2008 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A business license (#A28-01028) for used car sales was issued. The
06/14/99
license was last renewed on 12/1/16 and is still active.

Pre-Application Meeting
A pre-application meeting was held and general Special Use Permit
02/28/17 and Site Development Plan Review submittal requirements were
discussed.

PB
SUP-70769 and SDR-70770 [PRJ-69479]
Staff Report Page Six
August 8, 2017 - Planning Commission Meeting

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

Field Check
A field check was conducted and the site is currently operating as a
06/01/16
Motor Vehicle Sales (Used) facility.

Details of Application Request


Site Area
Net Acres 1.91

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Motor Vehicle C-2 (General
MXU (Mixed Use)
Property Sales (Used) Commercial)
C-2 (General
North Hotel/Casino C (Commercial)
Commercial)
R-1 (Single Family
South House of Worship MXU (Mixed Use)
Residential)
Office, other than P-R (Professional
East O (Office
listed Office)
Multi-family M (Medium Density R-3 (Medium Density
West
Residential 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 Y
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

PB
SUP-70769 and SDR-70770 [PRJ-69479]
Staff Report Page Seven
August 8, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to Title 19.08, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Width 100 Feet 217 Feet Y
Min. Setbacks
x Front 10 Feet 110 Feet Y
x Side 10 Feet 55 Feet Y
x Corner 10 Feet N/A Y
x Rear 20 Feet 51 Feet Y
Max. Lot Coverage 50 % 24 % Y
Max. Building Height N/A 65 Feet Y
Screened, Gated, w/ a
Trash Enclosure Internal Y
Roof or Trellis
Mech. Equipment Screened Screened Y

Pursuant to Title 19.08, the following standards apply:


Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees
Buffer Trees:
x North 1 Tree / 30 Linear Feet 8 Trees 8 Trees Y
x South 1 Tree / 20 Linear Feet 12 Trees 12 Trees N
x East 1 Tree / 20 Linear Feet 12 Trees 12 Trees Y
x West 1 Tree / 20 Linear Feet 15 Trees 15 Trees Y
TOTAL PERIMETER TREES 47 Trees 47 Trees Y
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
x North 8 Feet 8 Feet Y
x South 8 Feet 8 Feet Y
x East 15 Feet 15 Feet Y
x West 8 Feet 8 Feet Y
Not Y
Wall Height 6 to 8 Feet Adjacent to Residential
Indicated

PB
SUP-70769 and SDR-70770 [PRJ-69479]
Staff Report Page Eight
August 8, 2017 - Planning Commission Meeting

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Planned Streets and
Decatur
Primary Arterial Highways Map 125 Y
Boulevard

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement

Gross Floor Required Provided Compliance


Use Area or Parking Parking
Parking
Number of Ratio Handi- Handi-
Regular Regular
Units capped capped
1 per
Hotel
133 rooms guest 133
Residence
room

TOTAL SPACES REQUIRED 133 133 Y


Regular and Handicap Spaces Required 128 5 128 5 Y

Waivers
Requirement Request Staff Recommendation
To allow a building
Per 19.08.200 (B), buildings
with no changes in
must have changes in Wall
wall plane, color, Approval
Plane, Color, Material or
material or relief.
Relief

PB
SUP-70769

SUP-70769
SUP-70769

SUP-70769

SUP-70769 and SDR-70770



SUP-70769 and SDR-70770



SUP-70769 and SDR-70770 - REVISED



SUP-70769 and SDR-70770 - REVISED



SUP-70769 and SDR-70770 - REVISED



SUP-70769 and SDR-70770



SUP-70769 and SDR-70770 - REVISED



SUP-70769 and SDR-70770 - REVISED


SUP-70769 [PRJ-69479] - SPECIAL USE PERMIT RELATED TO SDR-70770 - APPLICANT/OWNER: 824 SOUTH
DECATUR, LLC
824 SOUTH DECATUR BOULEVARD
06/01/17
SUP-70769 [PRJ-69479] - SPECIAL USE PERMIT RELATED TO SDR-70770 - APPLICANT/OWNER: 824 SOUTH
DECATUR, LLC
824 SOUTH DECATUR BOULEVARD
06/01/17
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Agenda Item No.: 25.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ABEYANCE - SDR-70770 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-
70769 - PUBLIC HEARING - APPLICANT/OWNER: 824 SOUTH DECATUR, LLC - For
possible action on a request for a Site Development Plan Review FOR A SIX-STORY, 133-
ROOM HOTEL, RESIDENCE WITH A WAIVER TO ALLOW A BUILDING WITH NO
CHANGES IN WALL PLANE, COLOR, MATERIAL OR RELIEF at 824 South Decatur
Boulevard (APNs 138-36-802-004 and 005), C-2 (General Commercial) Zone, Ward 1
(Tarkanian) [PRJ-69479]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 9/20/2017


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 6 Planning Commission Mtg. 2
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Department of Public Works - Traffic Notes
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-70770

SDR-70770
SDR-70770

SDR-70770
SDR 70770
824 South Decatur, LLC

824 S. Decatur Boulevard


Proposed 133 unit hotel.

Existing Use

Average Daily Traffic (ADT) 32.30 75


AM Peak Hour AUTOMOBILE SALES [1000SF] 2.331 1.92 4
PM Peak Hour 2.62 6

New Use

Average Daily Traffic (ADT) 8.17 1,087


AM Peak Hour HOTEL [ROOM] 133 0.53 70
PM Peak Hour 0.60 80

Net Change

Average Daily Traffic (ADT) 8.17 1,012


AM Peak Hour HOTEL [ROOM] 133 0.53 66
PM Peak Hour 0.60 74

Existing traffic on nearby streets:


Decatur Boulevard
Average Daily Traffic (ADT) 49,156
PM Peak Hour (heaviest 60 minutes) 3,933

Charleston Boulevard
Average Daily Traffic (ADT) 40,984
PM Peak Hour (heaviest 60 minutes) 3,279

Traffic Capacity of adjacent streets:


Adjacent Street ADT Capacity
Decatur Boulevard 68,100
Charleston Boulevard 50,900

This project will add approximately 1,012 trips per day on Decatur Blvd. and Charleston Blvd. Decatur is currently at about
72 percent of capacity and Charleston is at about 81 percent of capacity. After this project, Decatur is expected to be at
about 74 percent of capacity and Charleston to be at about 83 percent of capacity.

Based on Peak Hour use, this development will add into the area roughly 74 additional cars, or about five every four
minutes.

Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 26.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
TABLED - RENOTIFICATION - 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.: 9/20/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 6 Planning Commission Mtg. 132
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: AUGUST 8, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: AQUA BAMBOO, LLC, 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 132 - GPA-67883 and ZON-67884


4 - SDR-68234

PROTESTS 6 - GPA-67883 and ZON-67884


3 - SDR-68234

NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Conditions Page One
August 8, 2017 - Planning Commission Meeting

SDR-68234 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.

NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Conditions Page Two
August 8, 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:
x 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.

NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Conditions Page Three
August 8, 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 **

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

x 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).
x A Rezoning is requested on this site from R-E (Residence Estates) to C-1 (Limited
Commercial).
x 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:
x Banquet Facility
x Clinic

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x Health Club
x Rental Store
x Restaurant
x Trade School (Includes outdoor training for such skills as large equipment
operators)
x 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:
x Auto Broker
x Auto Parts Store with Accessory Installation
x Auto Smog Check
x Automobile Repossession Agency
x Building Maintenance Service and Sales
x Check Cashing Services, Limited
x Drive Through
x Hospital
x Light Assembly & Fabrication (Wholesale Printing, Stained Glass Assembly, etc.)
x Mixed-Use Development (Subject to Residential Adjacency Standards)
x Multi-Family Residential (as part of a Mixed-Use development)
x Open Air Vending
x Recreational Vehicle and Boat Storage
x Secondhand Dealer (Limited to 5,000 square feet)
x Social Service Provider
x Teen Dance Center
x 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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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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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:
x Duplexes that retain the bulk and scale of the surrounding neighborhood
developments;
x 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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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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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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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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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

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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.

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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).

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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:
x The neighbors present do not want any commercial, and were
not in support of this proposal.
x Do not want any more traffic along Rainbow Boulevard.
x

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Neighborhood Meeting
x 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.
x 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.
x 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.
x 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.
x Concern over increased use of the alleyway, including
deliveries and individuals using the commercial property to gain
entry into residents rear yards.
x 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

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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.

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**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
x Front 10 Feet 15 Y
x Side 10 Feet 82 Y
x Corner 10 Feet N/A N/A
x 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)

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GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Fifteen
August 8, 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:
x North 1 Tree / 20 Linear Feet 14 Trees 14 Trees Y
x South 1 Tree / 20 Linear Feet 14 Trees 13 Trees N*
x East 1 Tree / 20 Linear Feet 20 Trees 17 Trees N*
x 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
x North 8 Feet 8 Feet Y
x South 8 Feet 8 Feet Y
x East 8 Feet Zero Feet N*
x 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
August 8, 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

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77

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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.: 27.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
TABLED - RENOTIFICATION - 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.: 9/20/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 6 Planning Commission Mtg. 132
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

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77

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7
Agenda Item No.: 28.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
TABLED - RENOTIFICATION - 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.: 9/20/2017

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 4 Planning Commission Mtg. 3
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.: 29.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ZON-71106 - REZONING - PUBLIC HEARING - APPLICANT/OWNER: JANIS WHITNEY
AND MARTHA ALMANZA - For possible action on a request for a Rezoning FROM: R-1
(SINGLE FAMILY RESIDENTIAL) TO: P-O (PROFESSIONAL OFFICE) on 0.14 acres at
1320 South Maryland Parkway (APN 162-03-612-016), Ward 3 (Coffin) [PRJ-71064]. Staff
recommends APPROVAL.

C.C.: 9/20/2017

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 APPROVAL

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - ZON71106 and SDR-71108 [PRJ-71064]
2. Conditions and Staff Report - ZON71106 and SDR-71108 [PRJ-71064]
3. Supporting Documentation - ZON71106 and SDR-71108 [PRJ-71064]
4. Photo(s) - ZON71106 and SDR-71108 [PRJ-71064]
5. Justification Letter - ZON71106 and SDR-71108 [PRJ-71064]
6. Support Postcard for ZON-71106 and SDR-71108 [PRJ-71064]
ZON-71106 and SDR-71108 [PRJ-71064]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: AUGUST 8, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: JANIS WHITNEY AND MARTHA
ALMANZA

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
ZON-71106 Staff recommends APPROVAL. N/A
SDR-71108 Staff recommends DENIAL, if approved subject to ZON-71106
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 33

NOTICES MAILED 407

PROTESTS 0

APPROVALS 1

RG
ZON-71106 and SDR-71108 [PRJ-71064]
Conditions Page One
August 8, 2017 - Planning Commission Meeting

** CONDITIONS **

SDR-71108 CONDITIONS

Planning

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

2. All development shall be in conformance with the site plan, landscape plan, and
building elevations, date stamped 07/13/17, except as amended by conditions
herein.

3. A Waiver from Title 19.08.050 is hereby approved, to allow a zero-foot landscape


buffer along the south property line where eight feet is required, a zero-foot
landscape buffer along the east property line where 15 feet is required and a three-
foot landscape buffers along the north and west property lines where eight feet is
required.

4. An Exception from Title 19.08.040 (F)(8)(a), is hereby approved, to allow no trees


within the landscape buffers of the proposed development.

5. An Exception from Title 19.08.040 (H)(4) is hereby approved, to allow curb side
trash pickup on Maryland Parkway.

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.

RG
ZON-71106 and SDR-71108 [PRJ-71064]
Conditions Page Two
August 8, 2017 - Planning Commission Meeting

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

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

Public Works

11. Correct all Americans with Disabilities Act (ADA) deficiencies on the sidewalks
adjacent to this site in accordance with code requirements of Title 13.56.040, if
any, to the satisfaction of the City Engineer concurrent with development of this
site. The pan style driveway on Maryland Parkway may remain as long as the
sidewalk path complies with Americans with Disabilities Act (ADA) guidelines. This
may require the applicant to grant a Public Pedestrian Access Easement prior to
issuance of permits for this site.

12. Meet with the City Traffic Engineers representative to determine the most
appropriate solution for the access to and from Maryland Parkway for this site.
Comply with the recommendations of the City Traffic Engineer.

13. All private improvements and landscaping installed with this project shall be
situated and maintained so as to not create sight visibility obstructions for vehicular
traffic at all development access drives and abutting street intersections.

14. Prior to the issuance of permits, grant a Bus Shelter Pad Easement in
conformance with Standard Drawing #234.2 for the existing bus stop on Maryland
Parkway adjacent to this site unless the Regional Transportation Commission
(RTC) acknowledges in writing that this easement is not required.

RG
ZON-71106 and SDR-71108 [PRJ-71064]
Staff Report Page One
August 8, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to convert an existing single-family dwelling to a commercial


building on the property located at 1320 South Maryland Parkway.

ISSUES

x Rezoning (ZON-71106) would rezone the property from R-1 (Single Family
Residential) to P-O (Professional Office).
x Site Development Plan Review (SDR-71108) would allow the conversion of the
existing single-family residence to an office building.
x Waivers from Title 19.08.050 are required to allow a zero-foot landscape buffer
along the south property line where eight feet is required, a zero-foot landscape
buffer along the east property line where 15 feet is required and three-foot
landscape buffers along the north and west property lines where eight feet is
required. Staff does not support these requests.
x An exception from Title 19.08.040 (F)(8)(a), to allow no trees within the landscape
buffers of the proposed development. Staff does not support this exception.
x An exception from Title 19.08.040 (H)(4), to allow curb side trash pickup on
Maryland Parkway. Staff supports this exception.

ANALYSIS

The request is for a Rezoning and Site Development Plan Review for a proposed
conversion of an existing single-family residential dwelling to a 910 square-foot office
building. The site is currently zoned as R-1 (Single Family Residential). The site is
adjacent to R-1 (Single Family Residential) zoned properties that are located to the
north, south and west. The site receives access via one drive from Maryland Parkway.
The proposed conversion provides four parking spaces where four are required for a
proposed Office, Other than Listed use.

The O (Office) category of the General Plan provides for small lot office conversions,
along primary and secondary streets as a transition, from residential and commercial
uses, and for large planned office areas. Permitted uses include business, professional
and financial offices as well as offices for individual, civic, social, fraternal and other
non-profit organizations.

RG
ZON-71106 and SDR-71108 [PRJ-71064]
Staff Report Page Two
August 8, 2017 - Planning Commission Meeting

The applicant has requested Waivers of Title 19.08.050, to allow three-foot landscape
buffers along the north and west property lines where eight feet is required, to allow a
zero-foot landscape buffer along the south property line where eight feet is required and
a zero-foot landscape buffer along the east property line where 15 feet is required. Staff
does not support these Waiver requests.

The applicant has also requested an exception from Title 19.08.040 (F)(8)(a), to provide
no trees within the landscape buffers within the proposed development. Since the
proposed waivers would allow no landscape buffers along the north and east property
lines, and reduction to three feet along the north and west property lines. Instead only
five-gallon shrubs are provided. The landscape plan depicts the reduced perimeter
landscape buffers with five-gallon shrubs. Plant species used include Silver Dalea,
Damianita, Autumn Sage and Black Dalea.

The applicant has also requested an exception from Title 19.08.040 (H)(4), to allow curb
side trash pickup on Maryland Parkway. Providing trash enclosure on this site is not
feasible due to the subject propertys limited size. Also, Title 19 requires that the trash
receptacle to be setback further when adjacent to a residential zoned property. A letter
from the Republic Services has indicated that trash pickup can be made along the curb
side.

The proposed site plan depicts the existing pan-style drive and proposed on-site
circulation which will not function properly to allow a two-way traffic entering the site.
Public Works has noted for a development such as this, it is preferred to see the
adjacent property owners to work together to present a multi-lot conversions with
access drives and parking areas wherever possible (such as the lots to the north or
south of this property along Maryland Parkway). Staff recommends denial of the layout
design as indicated on the site plan.

The building elevations will maintain design characteristics of a single-family dwelling.


These features are not unsightly, undesirable, or obnoxious in appearance. These
elevations will maintain the orderly and aesthetically pleasing environment; and are
harmonious and compatible with the development in the area.

In summary, staff supports the requested Rezoning as it is appropriate for the area and
recommends approval of the Rezoning. However, staff does not support the Site
Development Plan Review due to requested Waivers regarding the landscaping with
exception to allow no trees within the landscape buffers. Also, the proposed on-site
circulation does not function properly to allow a two-way traffic. Therefore, staff
recommends denial of this request. If this request is approved it is subject to conditions.

RG
ZON-71106 and SDR-71108 [PRJ-71064]
Staff Report Page Three
August 8, 2017 - Planning Commission Meeting

FINDINGS (ZON-71106)

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 P-O (Professional Office) zoning district is compatible with the
existing O (Office) land use designation within 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 proposed professional office land use is appropriate for the area as it is
consistent with the zoning and land uses

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

The applicants intent is to repurpose the existing site for an office use. The
proposed Rezoning of the site is consistent and appropriate for this area. The
properties have been transitioning from residential to office use along Maryland
Parkway over a period of many years.

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.

Maryland Parkway is a 100-foot Primary Arterial as defined by the Master Plan of


Streets and Highways and will be adequate in size to meet the requirements of
the proposed P-O (Professional Office) zoning district.

FINDINGS (SDR-71108)

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;

RG
ZON-71106 and SDR-71108 [PRJ-71064]
Staff Report Page Four
August 8, 2017 - Planning Commission Meeting

The conversion of the existing single-family dwelling as proposed is not


compatible with the adjacent residential properties, as the proposed office is
beyond the sites physical capacity. The Site Development Plan Review
application is associated with Waivers of the perimeter landscape buffer. The
proposed conversion on-site circulation does not function properly to allow a
two-way traffic. For a formerly single-family residential to commercial
conversions, where existing buildings and lot configuration preclude normal
driveway. For a project such as this, it is preferred to see the adjacent property
owners work together and present multi-lot conversions with common access
drives and parking areas.

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

The proposed development proposes Waivers to allow no landscape buffers


along the south and east property lines and a minimum of three-foot landscape
buffers are provided along the north and west property lines.

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


neighborhood traffic;

Access to the site is from Maryland Parkway. The sites existing pan-style drive
and proposed on-site circulation does not function properly to allow two-way
traffic.

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

Building materials consists of existing stucco and roof material. These materials
are appropriate for the area. Drought-tolerant landscaping is used for the shrubs,
no trees are provided and a reduction of the landscape buffers to three feet along
the north and west property lines.

5. Building elevations, design characteristics and other architectural and


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

The building elevations will maintain the design characteristics of the single-family
dwelling. These features are not unsightly, undesirable, or obnoxious in
appearance. These elevations will maintain the orderly and aesthetically pleasing
environment; and are harmonious and compatible with the development in the
area.

RG
ZON-71106 and SDR-71108 [PRJ-71064]
Staff Report Page Five
August 8, 2017 - Planning Commission Meeting

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

The proposed residential conversion to office building will be subject to building


permit review and inspections; therefore, protecting the public health, safety and
general welfare.

BACKGROUND INFORMATION

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


The City Council approved a General Plan Amendment (GPA-12043)
to amend a portion of the Southeast Sector Plan of the General Plan
05/17/06
from: SC (Service Commercial) and L (Low Density Residential) to: O
(Office). The Planning Commission and staff recommended approval.

Most Recent Change of Ownership


05/30/17 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


The existing single-family dwelling located at 1320 South Maryland
1944
Parkway was constructed.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the
submittal requirements for Rezoning and Site Development Plan
06/14/17
Review for a proposed conversion of an existing single-family dwelling
to an office building.

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

Field Check
Staff conducted a routine site visit, noting a well maintained single-
06/29/17
family dwelling.

RG
ZON-71106 and SDR-71108 [PRJ-71064]
Staff Report Page Six
August 8, 2017 - Planning Commission Meeting

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, R-1 (Single Family
O (Office)
Property Detached Residential)
Single Family, R-1 (Single Family
North O (Office)
Detached Residential)
Single Family, R-1 (Single Family
South O (Office)
Detached Residential)
Office, other than P-R (Professional
East O (Office)
Listed Office and Parking)
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
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

Pursuant to Title 19.08.050, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size N/A SF 6,098 SF N/A
Min. Lot Width 60 Feet 60 Feet Y

RG
ZON-71106 and SDR-71108 [PRJ-71064]
Staff Report Page Seven
August 8, 2017 - Planning Commission Meeting

Standard Required/Allowed Provided Compliance


Min. Setbacks
x Front 20 Feet 18 Feet Y*
x Side (North) 5 Feet 17 Feet Y
x Side (South) 5 Feet 14 Feet Y
x Rear 15 Feet 36 Feet Y
Max. Lot Coverage 50 % 14 % Y
2 stories or 35 feet
Max. Building Height whichever is less Feet 14 Feet Y
Screened, Gated, w/ a Not
Trash Enclosure N
Roof or Trellis provided
Mech. Equipment Screened Screened Y
*The setback of the existing building is legal nonconforming.

Pursuant to Title 19.08, the following standards apply:


Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees
Buffer Trees:
x North 1 Tree / 20 Linear Feet 3 Trees 0 Trees N
x South 1 Tree / 20 Linear Feet 3 Trees 0 Trees N
x East 1 Tree / 20 Linear Feet 2 Trees 0 Trees N
x West 1 Tree / 20 Linear Feet 2 Trees 0 Trees N
TOTAL PERIMETER TREES 10 Trees 0 Trees N
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
x North 8 Feet 3 Feet N
x South 8 Feet 0 Feet N
x East 15 Feet 0 Feet N
x West 8 Feet 3 Feet N
Wall Height 6 to 8 Feet Adjacent to Residential 6-foot CMU Y

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Maryland Planned Streets and
Primary Arterial 100 Y
Parkway Highways Map

RG
ZON-71106 and SDR-71108 [PRJ-71064]
Staff Report Page Eight
August 8, 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
910 SF 1/300 SF 4
than Listed
TOTAL SPACES REQUIRED 4 4 Y
Regular and Handicap Spaces Required 3 1 3 1 Y

Waivers
Requirement Request Staff Recommendation
To allow a zero-foot
landscape buffer
Denial
along the south
An 8-foot wide landscape
property line.
buffer along the interior lot
To allow a three-foot
line.
landscape buffers
Denial
along the north and
west property lines.
To allow a zero-foot
A 15-foot wide landscape
landscape buffer
buffer adjacent to the public Denial
adjacent to the public
right-of-way.
right-of-way.

Exceptions
Requirement Request Staff Recommendation
To provide trash receptacles To allow a curb side
Approval
per Title 19.08. pickup.
10 24-inch box trees are
To allow no 24-inch
required within the required Denial
box trees.
landscape buffers.

RG
A 7 27 A

A 7 272 A b A 7

b 7 7 ZON-71106 A X7777
77 7 7A 7b 7

77A 7A 7b 7

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b 7 ZON-71106 A 7X 7777
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77A 7 A A 7b 7A A A

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7 7 7 7 7 7 7 7 7 7 7 7 7 7 b 7 7 7 7 '7 7
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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 b
7 7 7 7 7

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7
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7  A7 7 7 7
7 7 7 7 7 7 7 7 7 7 7 A7 7 7
7 7 7 7 7 7 7 7 7 7 

7 7 7 7 7 7 b7 7 7 '7 7 7 7 7 7 7 7 7

7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 A7 '7 7 7 7

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


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ZON-71106 and SDR-71108 - REVISED


77b
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b7 AA b7 7
b7 AA
A7 b7 7 7 7 7 7 7 7 7 7 7 b 7 7 7 '7 7 7 7 7
7 7 7 7 7 7 7 7 7 7 7 7 7 7 b 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 b
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 b 7 7 7 7 '
A7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 '
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 b
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
77 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
7
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7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 A 7 7 7 7 7 7 7 7 7 7 7 7
7  A7 7 7 7
7 7 7 7 7 7 7 7 7 7 7 A7 7 7
7 7 7 7 7 7 7 7 7 7 

7 7 7 7 7 7 b7 7 7 '7 7 7 7 7 7 7 7 7

7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 A7 '7 7 7 7

7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
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7 7
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ZON-71106 and SDR-71108 - REVISED


7
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7 7 7 7 7 7 7 7
b7 7
7 7 7 7 7 7 7 7 7

7 b7 7 7 7 7 7 7
7 7 7 7 7

7
A7

7 7 7 Ab7
7 7 7 b7 7 7 7
7 7 7 b7 7 7 7

7 7 7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 7 7 7
7 7 b7 7 7 7 7 7 7 7 7 7 7 7 7 7
7

7 7
7

7 7
7 7 

7 7 7

7
7

7

7 7

b

7 7 7

7 7 7 7


7
7
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ZON-71106 and SDR-71108 - REVISED


7
77777

7 7777777
b7
7 77777777

7 b7777777
7 7 7 7 7

A7

777Ab7

777b7777

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7 7 7

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ZON-71106 and SDR-71108 - REVISED


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77A7
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77
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ZON-71106 and SDR-71108


7
Ab7
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77Ab7
77A7
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7
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ZON-71106 and SDR-71108


7A77
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A77
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ZON-71106 and SDR-71108


7A7
Ab7
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7A7
Ab7
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ZON-71106 and SDR-71108


7A77
7Ab7A7
Ab7
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77A7
7Ab7A777
7

ZON-71106 and SDR-71108


ZON-71106 and SDR-71108

b
77b
ZON-71106 [PRJ-71064] - REZONING RELATED TO SDR-71108 - APPLICANT/OWNER: JANIS WHITNEY AND
MARTHA ALMANZA
1320 SOUTH MARYLAND PARKWAY
06/29/17
Agenda Item No.: 30.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SDR-71108 - SITE DEVELOPMENT PLAN REVIEW RELATED TO ZON-71106 - PUBLIC
HEARING - APPLICANT/OWNER: JANIS WHITNEY AND MARTHA ALMANZA - For
possible action on a request for a Site Development Plan Review FOR THE CONVERSION OF
A SINGLE-FAMILY RESIDENCE TO A 910 SQUARE-FOOT OFFICE BUILDING WITH
WAIVERS TO ALLOW A ZERO-FOOT LANDSCAPE BUFFER ALONG THE SOUTH
PROPERTY LINE WHERE EIGHT FEET IS REQUIRED, A ZERO-FOOT LANDSCAPE
BUFFER ALONG THE EAST PROPERTY LINE WHERE 15 FEET IS REQUIRED AND A
THREE-FOOT LANDSCAPE BUFFER ALONG THE NORTH AND WEST PROPERTY
LINES WHERE EIGHT FEET IS REQUIRED on 0.14 acres at 1320 South Maryland Parkway
(APN 162-03-612-016), R-1 (Single Family Residential) Zone [PROPOSED: P-O (Professional
Office)], Ward 3 (Coffin) [PRJ-71064]. Staff recommends DENIAL.

C.C.: 9/20/2017

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.
A 7 27 A

A 7 272 A b A 7

b 7 7 SDR-71108 A X7777
77 7 7A 7b 7

77A 7A 7b 7

77

77777 777 777 777b 7b 7


7b 77777777777 7
7 7777 77777 77
777777 77


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

77 7

7 7A 7b 7

77 77

7777X 77 A 7 A
A 7 b
A 7 27 A A
7 7 7b 7 7
b Z7 7

77

A 7 27 A

A 7 272 A b A 7

b 7
SDR-71108 A 7X 7777
77 7 7 A A 7b 7A A A

77A 7 A A 7b 7A A A

77

77777 777 777 777b 7b 7


7b 77777777777 7
7 7777 77777 77
777777 77

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

b 7

77 7

77 77

A 7 A
A 7 b
A 7 2 A A
7777b 77 7 7 7

b 7 7

7 7

A 7 27 A
A b A 77 72
A 727 A 7b 7 7b b A
7A 7 77 7 A A 7 A A
2 7 7b 22b
7 7
A 777 7
7 77 7 b 777 7 7b
b 7 72 27A 7
7A 7
A 7


777A 7b 7
77 b
A 7b
7
77A 7
A 7
2
b 7A 7 A 7 77
7A 7A 7 A A 7 A 77b

A A 7A 7b 7 7
b 7
A 7b 7
A 77A 7 7 2
b 7A 7 A 7 7 7 7

7A 7A A A A b

7A

7777 7777777 7 7 77777 777 7 77777 77b 7777

7 7 7 7 777 7 7 77 777777777777 77 77
7777777777 777X7X7 77 77 77 77777 7 7

7 7 7 2 A 7 7
7
A 777 77777X7 772 77 7
7 7A 7b 7 SDR-71108
77 77

77 7
A 7 b

h7 h7 77 777 7 77
7 7g77 77
7 777 7

X777
77
Agenda Item No.: 31.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
ZON-71071 - REZONING - PUBLIC HEARING - APPLICANT/OWNER: DELAPENA
TREJO FAMILY TRUST - For possible action on a request for a Rezoning FROM: R-E
(RESIDENCE ESTATES) TO: R-1 (SINGLE FAMILY RESIDENTIAL) on 0.42 acres at 1703
North Michael Way (APN 138-24-403-014), Ward 5 (Barlow) [PRJ-70816]. Staff recommends
APPROVAL.

C.C.: 9/20/2017

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 APPROVAL

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcards
ZON-71071 [PRJ-70816]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: AUGUST 8, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: DELAPENA TREJO FAMILY TRUST

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL

ZON-71071 Staff recommends APPROVAL.

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 19

NOTICES MAILED 385

PROTESTS 2

APPROVALS 0

PB
ZON-71071 [PRJ-70816]
Staff Report Page One
August 8, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is requesting to rezone the property at 1703 Michael Way to R-1 (Single
Family Residential).

ISSUES

x The subject site is developed with an existing single family dwelling


x The applicant is hoping to divide the parcel to create an additional R-1 (Single
Family Residential) lot for construction of a single family dwelling.
x There is a storm drain through the northern half of the existing lot that will limit the
development potential of the northern half of the property.

ANALYSIS

The applicant is proposing to rezone the site to R-1 (Single Family Residential), the
purpose of which is described in Title 19 as: 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 Low Density Residential category generally permits single family detached homes,
manufactured homes on individual lots, gardening, home occupations, and family child
care facilities. This category allows up to 5.49 units per acre.

The applicant is proposing the rezoning as the first step towards allowing the existing lot
to be divided into two single family residential lots. The applicant did not request
division of the parcels as part of this application. Any division of the parcel will require
review by staff to determine conformance with the requirements of Title 19.

The subject site has a storm drain that runs west to east, with a 10-foot easement that
will limit the developable area of the site. The applicant is aware of the easement and
storm drain, and will need to reflect the storm drain and easement on any property
division proposed in the future.

Staff recommends approval of the requested rezoning as it is consistent with the


General Plan.

PB
ZON-71071 [PRJ-70816]
Staff Report Page Two
August 8, 2017 - Planning Commission Meeting

FINDINGS (ZON-71071)

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


Commission or City Council must affirm the following:

1. The proposal conforms to the General Plan.

The proposed R-1 (Single Family Residential) zoning district is compatible with
the existing L (Low Density Residential) land use designation within 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 proposed R-1 (Single Family Residential) zoning district allows primarily
single family dwellings and associated land uses which are appropriate in the
neighborhood which is primarily zoned R-1 (Single Family Residential) as well.

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

The surrounding neighborhood is developed with a high level of R-1 (Single


Family Residential) properties, and the proposed rezoning would be appropriate in
the surrounding area.

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 is adjacent and has access to Michael Way, a local street that
connects to Lake Mead Boulevard at a controlled intersection; thus the street
system is adequate to meet the needs of the proposed rezoning.

BACKGROUND INFORMATION

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


There are no relevant city action by the Departments of Planning; Fire and Rescue; or
Building and Safety.

PB
ZON-71071 [PRJ-70816]
Staff Report Page Three
August 8, 2017 - Planning Commission Meeting

Most Recent Change of Ownership


10/10/12 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


1955 The existing single family dwelling was constructed.

Pre-Application Meeting
Month/date/year Description

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
06/29/17
family dwelling on a large lot.

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-E (Residence
Property Dwelling Residential) Estates)
Single Family
North Clark County Clark County
Dwelling
Single Family
South Clark County Clark County
Dwelling
Single Family L (Low Density R-1 (Single Family
East
Dwelling Residential) Residential)
Single Family L (Low Density R-E (Residence
West
Dwelling Residential) Estates)

PB
ZON-71071 [PRJ-70816]
Staff Report Page Four
August 8, 2017 - Planning Commission Meeting

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

DEVELOPMENT STANDARDS

Existing Zoning Permitted Density Units Allowed


R-E (Residence Estates) N/A 1
Proposed Zoning Permitted Density Units Allowed
R-1 (Single Family
N/A 2
Residential)
General Plan Permitted Density Units Allowed
L (Low Density Residential) 5.49 2

Complian
Functional Actual
Governing ce with
Street Name Classification Street Width
Document Street
of Street(s) (Feet)
Section
Michael Way Local Street Title 13 70 Y

PB
ZON-71071



ZON-71071



ZON-71071
ZON-71071



ZON-71071
ZON-71071 [PRJ-70816] - REZONING - APPLICANT/OWNER: DELAPENA TREJO FAMILY TRUST
1703 NORTH MICHAEL WAY
06/29/17
Agenda Item No.: 32.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71044 - VARIANCE - PUBLIC HEARING - APPLICANT: RODOLFO GONZALEZ -
OWNER: THE LAW OFFICE OF RODOLFO GONZALEZ, LTD - For possible action on a
request for a Variance TO ALLOW A 72-FOOT RESIDENTIAL ADJACENCY SETBACK
WHERE 102 FEET IS THE MINIMUM SETBACK REQUIRED AND TO ALLOW A TRASH
RECEPTACLE 19 FEET FROM A RESIDENTIAL PARCEL WHERE 50 FEET IS THE
MINIMUM SEPARATION DISTANCE REQUIRED FOR A PROPOSED OFFICE
DEVELOPMENT on 0.38 acres at 877 North Eastern Avenue (APN 139-25-301-008), P-R
(Professional Office and Parking) Zone, Ward 3 (Coffin) [PRJ-70925]. Staff recommends
DENIAL.

MAY GO TO CITY COUNCIL ON 9/20/2017


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 DENIAL, if approved, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-71044 and SDR-71076 [PRJ-70925]
2. Conditions and Staff Report - VAR-71044, VAC-71045 and SDR-71046 [PRJ-70925]
3. Supporting Documentation - VAR-71044, VAC-71045 and SDR-71046 [PRJ-70925]
4. Photo(s) - VAR-71044, VAC-71045 and SDR-71046 [PRJ-70925]
5. Justification Letter - VAR-71044, VAC-71045 and SDR-71046 [PRJ-70925]
6. Telephone Protest Log for VAR-71044, VAC-71045 and SDR-71046 [PRJ-70925].pdf
VAR-71044, VAC-71045 and SDR-71046 [PRJ-70925]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: AUGUST 8, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: RODOLFO GONZALEZ - OWNER: THE LAW
OFFICE OF RODOLFO GONZALEZ, LTD

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71044 Staff recommends DENIAL, if approved subject to
conditions:
VAC-71045 Staff recommends APPROVAL, subject to conditions: VAR-71044
SDR-71046 Staff recommends DENIAL, if approved subject to VAR-71044
conditions: VAC-71045

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 29

NOTICES MAILED 370 - VAR-71044 and SDR-71046


11 - VAC-71045

PROTESTS 1 - VAR-71044 and SDR-71046


1 - VAC-71045

APPROVALS 0 - VAR-71044 and SDR-71046


0 - VAC-71045

JB
VAR-71044, VAC-71045 and SDR-71046 [PRJ-70925]
Conditions Page One
August 8, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71044 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Vacation (VAC-


71045) and Site Development Plan Review (SDR-71046) 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.

VAC-71045 CONDITIONS

1. The limits of this Petition of Vacation shall be a portion of a public sewer easement
granted to the City of Las Vegas as recorded by document #20000114:00441.

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. This Petition of Vacation shall be modified to retain the public sewer easement a
minimum of five-feet north of the existing terminal manhole.

JB
VAR-71044, VAC-71045 and SDR-71046 [PRJ-70925]
Conditions Page Two
August 8, 2017 - Planning Commission Meeting

4. The Order of Vacation shall not be recorded until all of the conditions of approval
have been met provided, however, that conditions requiring modification of public
improvements may be fulfilled for purposes of recordation by providing sufficient
security for the performance thereof in accordance with the Subdivision Ordinance
of the City of Las Vegas. City Staff is empowered to modify this application if
necessary because of technical concerns or because of other related review
actions as long as current City 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.

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.

SDR-71046 CONDITIONS

Planning

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


71044) and Vacation (VAC-71045) shall be required, if approved.

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

3. All development shall be in conformance with the site plan, landscape plan, and
building elevations, date stamped 06/20/17, except as amended by conditions
herein.

4. A Waiver from Title 19.08 is hereby approved, to allow zero-foot wide landscape
buffers along the east and south perimeter where eight feet is required.

JB
VAR-71044, VAC-71045 and SDR-71046 [PRJ-70925]
Conditions Page Three
August 8, 2017 - Planning Commission Meeting

5. An Exception from title 19.08.040 is hereby approved, to allow a total of seven 24-
inch box trees within the landscape buffer areas where ten trees are required.

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

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

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

Public Works

11. A Petition of Vacation such as VAC-71045, shall record prior to the issuance of any
building permits for this site.

12. Grant a 5-foot wide Public Pedestrian Access Easement on Washington Avenue
where such an easement does not exist adjacent to this site prior to issuance of
permits for this site.

13. Prior to the submittal of civil improvement drawings, a sewer abandonment plan
shall be approved by the Sanitary Sewer section of the Department of Public
Works.

14. Correct all Americans with Disabilities Act (ADA) deficiencies on the sidewalks
adjacent to this site in accordance with code requirements of Title 13.56.040, if
any, to the satisfaction of the City Engineer concurrent with development of this
site.

JB
VAR-71044, VAC-71045 and SDR-71046 [PRJ-70925]
Conditions Page Four
August 8, 2017 - Planning Commission Meeting

15. Concurrent with development of this site, construct the remaining curb, gutter and
sidewalk connecting Eastern Avenue and Washington Avenue. Alternatively,
coordinate with the Nevada Department of Transportation (N.D.O.T.) to determine
if N.D.O.T. Washington Avenue/Eastern Avenue public improvement project will be
constructed prior to occupancy of this site; this may satisfy the construction
requirements if allowed by the City Traffic Engineer.

16. All private improvements and landscaping installed with this project shall be
situated and maintained so as to not create sight visibility obstructions for vehicular
traffic at all development access drives and abutting street intersections.

17. Prior to the issuance of permits, grant a Bus Shelter Pad Easement in
conformance with Standard Drawing #234.2 for the existing bus stop on
Washington Avenue adjacent to this site unless the Regional Transportation
Commission (RTC) acknowledges in writing that this easement is not required.

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, whichever may occur first. Provide and improve all drainage ways as
recommended.

JB
VAR-71044, VAC-71045 and SDR-71046 [PRJ-70925]
Staff Report Page One
August 8, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Site Development Plan Review for a proposed 4,690 square-foot
office development with waivers to allow zero-foot wide landscape buffers along the
east and south perimeter where eight feet is required; a variance to allow a 72-foot
residential adjacency setback where 102 feet is the minimum setback required and to
allow a trash receptacle 19 feet from a residential parcel where 50 feet is the minimum
separation distance required on 0.38 acres at 877 Eastern Avenue.

ISSUES

x The applicant has request a petition to vacate (VAC-71045) an existing 20-foot wide
public sewer easement located on the western perimeter of the subject site. Staff
supports this request.
x The applicant has requested a Variance (VAR-71044) to allow a 72-foot residential
adjacency setback where 102 feet is the minimum setback required for the building
and to allow a trash receptacle 19 feet from a residential parcel where 50 feet is the
minimum separation distance required. Staff does not support this request.
x The applicant has requested waivers to allow zero-foot wide landscape buffers along
the east and south perimeter where eight feet is required. Staff does not support this
request.
x The applicant has requested an exception of planting materials to allow a total of
seven 24-inch box trees within the landscape buffer areas where ten trees are
required. Staff does not support this request.

ANALYSIS

The subject site is located in the Southeast Sector of the General Plan with a land use
designation of O (Office) and zoning designation of P-R (Professional Office and
Parking), which allows Office, Other than Listed as a permitted land use. The applicant
has proposed Site Development Plan Review (SDR-71046) to develop the subject site
with one 4,690 square-foot build for a proposed Office, Other than Listed land use.

The applicant has submitted a request for a Variance (VAR-71044) to allow a 72-foot
residential adjacency setback where 102 feet is the minimum setback required and to
allow a trash receptacle 19 feet from a residential parcel where 50 feet is the minimum

JB
VAR-71044, VAC-71045 and SDR-71046 [PRJ-70925]
Staff Report Page Two
August 8, 2017 - Planning Commission Meeting

separation distance required in the residential adjacency setbacks outlined in Title


19.08. In addition, the applicant has also requested a petition to vacate (VAC-71045) an
existing 20-foot wide public sewer easement located on the western perimeter of the
subject site. This Vacation application proposes to vacate a portion of a 20-foot wide
public sewer easement generally located at the southeast corner of Eastern Avenue
and Washington Avenue, which is no longer required. As no right-of-way is proposed to
be vacated, and thus no franchise rights are involved, it is not necessary to send this
Vacation request to the utility companies and franchise holders, nor wait for their
responses. Since only City easements are involved, any utility company interests will
need to be addressed with each respective utility company and will not be affected by
the City vacating its interest.

The proposed site design complies with all applicable Title 19.08.070 site design
requirements pertaining to building setbacks, which requires a 20-foot front yard setback,
15-foot corner side setback, 5-foot side yard setback and a 15-foot rear setback. The
submitted elevations show a 34-foot building height adjacent to the existing R-1(Single
Family Residential) zoned single-family residence located to the east, which does not
comply with residential adjacency standards required by Title 19.06.040. The applicant
has requested a Variance (VAR-71044) to allow a 72-foot residential adjacency setback
where 102 feet is required. In addition, the Variance also requests to allow a proposed
trash enclosure 19 feet away from the residential property where 50 feet is required. The
proposed 4,690 square-foot development will cover approximately 14% of the 0.38 acre
site. The submitted building elevations indicate the building faades will have a grey
stucco finish, with red steel window shades.

The site will provide 16 total parking spaces with one ADA parking space, which
complies with the 16 spaces required by Title 19.12.010 for a 4,690 square-foot Office,
Other than Listed land use. The parking area also provides space for a trash enclosure
on the southern perimeter of the site, which has been designed to comply with Title
19.08 screening standards. All interior parking lot landscaping planting materials have
been designed to comply with code requirements for spacing and quantities.

The applicant has submitted a request for waivers to allow zero-foot wide landscape
buffers along the east and south perimeter where eight feet is required. Also, the
applicant has requested an exception of planting materials within the provided
landscape buffer areas to allow a total of seven 24-inch box trees within the landscape
buffer areas where ten trees are required, missing three tree within the west landscape
buffer adjacent to Eastern Avenue. The primary tree species being utilized are 24 box
Sweet Bay, 24 box Honey Mesquite and 24 box Texas Mountain Laurel trees.

Staff has determined the proposed project is not compatible with surrounding
development in the area, as demonstrated by the associated variance, waivers and
exceptions. Therefore, staff recommends denial of this project.

JB
VAR-71044, VAC-71045 and SDR-71046 [PRJ-70925]
Staff Report Page Three
August 8, 2017 - Planning Commission Meeting

FINDINGS (VAR-71044)

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 requesting to orient the proposed
structures adjacent to existing single-family land uses. Alternative building design and
placement of the trash enclosure 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-71046)

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
VAR-71044, VAC-71045 and SDR-71046 [PRJ-70925]
Staff Report Page Four
August 8, 2017 - Planning Commission Meeting

The proposed Office, Other than Listed development is not compatible with the
adjacent residential development in the area, as evidenced by the associated
Waivers, Exceptions and Variance. Staff has determined that the development
is not compatible with the R-1 (Single Family Residential) zoned properties
located east of the subject site.

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

The proposed Office, Other than Listed development is consistent with the
General Plan. However, the proposed design does not comply with all Title 19
development standards. The applicant has requested Waivers to allow zero-foot
wide landscape buffers along the east and south perimeter where eight feet is
required and an exception of required planting materials. In addition, the applicant
has also requested a Variance to allow a 72-foot residential adjacency setback
where 102 feet is the minimum setback required and to allow a trash receptacle
19 feet from a residential parcel where 50 feet is the minimum separation distance
required. Staff has determined the associated Waivers, Exception and Variance
will have a negative impact to the overall development.

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


neighborhood traffic;

Access to the site will be provided by Washington Avenue and Eastern Avenue,
which are 100-foot Primary Arterial streets according to the Master Plan of Streets
and Highways and are sufficient in size to carry the amount of traffic this proposed
development will generate.

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

The building design and style are appropriate for the subject location and will be
harmonious with buildings in the surrounding area. The submitted building
elevations indicate the building faades will have a grey stucco finish, with red
steel window shade accents. The primary tree species being utilized are 24 box
Sweet Bay, 24 box Honey Mesquite and 24 box Texas Mountain Laurel trees,
which are consistent with the Southern Nevada Regional Plan Coalition Regional
Plant List.

5. Building elevations, design characteristics and other architectural and


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

JB
VAR-71044, VAC-71045 and SDR-71046 [PRJ-70925]
Staff Report Page Five
August 8, 2017 - Planning Commission Meeting

The design characteristics of the proposed building elevations are not unsightly
and are compatible with development in the area. The proposed materials are
suitable for the surrounding commercial and residential uses and the desert
environment.

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

The proposed commercial development will be subject to inspections in order to


protect the public health, safety and general welfare by City staff.

BACKGROUND INFORMATION

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


The City Council approved a request for a Rezoning (Z-0035-98) from
R-1 (Single Family Residential) to P-R (Professional Office and
09/28/98
Parking) for a proposed professional office use. The Planning
Commission recommended denial of the request.
The City Council approved a request for a Petition to Vacate (VAC-
0055-98) a portion of Eastern Avenue between Constantine Avenue
and Washington Avenue. The Planning Commission recommended
approval of the request.
04/26/99 The City Council approved a request for a Site Development Plan
Review [Z-0035-98(1)] for a proposed office complex comprised of four
existing buildings and one proposed building located on the southeast
corner of eastern avenue and Washington Avenue. The Planning
Commission recommended approval of the request.
The Planning Commission approved a request for a Site Development
Plan Review [Z-0035-98(2)] for a 12,247 square foot Medical Office
06/28/01
Complex on approximately 1.03 acres located at the southeast corner
of the intersection of Washington Avenue and Eastern Avenue.
The City Council approved a request for a Site Development Plan
Review (SDR-10758) for a proposed 20,038 square-foot Office
Development and Waivers to allow a reduction of perimeter and
03/15/06
parking lot landscaping standards on 1.03 acres at 865, 869, 873 and
875 Eastern Avenue. The Planning Commission recommended
approval and staff recommended denial of the request.

JB
VAR-71044, VAC-71045 and SDR-71046 [PRJ-70925]
Staff Report Page Six
August 8, 2017 - Planning Commission Meeting

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


The City Council approved a request for a Variance (VAR-10759) to
allow 66 parking spaces where 75 spaces is the minimum number of
parking spaces required for a proposed Office Development at 865,
869, 873 and 875 Eastern Avenue. The Planning Commission
recommended approval and staff recommended denial of the request.
The City Council approved a request for a Variance (VAR-10760) to
allow a 45-foot residential adjacency setback where 96 feet is the
minimum setback required and to allow a trash receptacle adjacent to
a residential parcel where a separation of 50 feet is the minimum
separation distance required for a proposed Office Development at
865, 869, 873 and 875 Eastern Avenue. The Planning Commission
recommended approval and staff recommended denial of the request.
The City Council approved a request for a General Plan Amendment
(GPA-12043) from SC (Service Commercial) and L(Low Density
05/17/06
Residential) to O (Office) on 30.15 acres, multiple APNs. The Planning
Commission and staff recommended approval of the request.
The Department of Planning approved a request for a Parcel Map
(PMP-19468) for a merger and re-subdivision of five lots on 1.28 acres
03/20/07
at the southeast corner of Washington Avenue and Eastern Avenue.
The map was finalized on 03/23/07.

Most Recent Change of Ownership


01/20/17 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#7002600) was issued for a medical office shell
02/22/09 building on property located at 877 North Eastern Avenue. The permit
has not been finalized.
A building permit (#243160) was processed for on-site hardscapes on
08/20/13 property located at 877 North Eastern Avenue. The permit has not
been issued.
A building permit (#243251) was processed for a medical office shell
building on property located at 877 North Eastern Avenue. The permit
has not been issued.
08/21/13
A building permit (#243252) was processed for tenant improvements
associated with a medical office shell building on property located at
877 North Eastern Avenue. The permit has not been issued.

JB
VAR-71044, VAC-71045 and SDR-71046 [PRJ-70925]
Staff Report Page Seven
August 8, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


A Code Enforcement case (#174815) was processed for high weeds
02/15/17 and debris on property located at 877 North Eastern Avenue. The case
was resolved on 03/02/17.

Pre-Application Meeting
A pre-application meeting was conducted with the applicant to review
06/06/17 the application materials and submittal requirements for the proposed
Variance, Vacation 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 and found the subject site to be an
06/29/17
undeveloped parcel of land with a small amount of trash and debris.

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
Subject Office, Other than P-R (Professional
O (Office)
Property Listed Office and Parking)
Single-Family L (Low Density R-1 (Single Family
North
Detached Dwelling Residential) Residential)
P-R (Professional
South Medical Office O (Office)
Office and Parking)
Single-Family L (Low Density R-1 (Single Family
East
Detached Dwelling Residential) Residential)
Single-Family L (Low Density R-1 (Single Family
West
Detached Dwelling Residential) Residential)

JB
VAR-71044, VAC-71045 and SDR-71046 [PRJ-70925]
Staff Report Page Eight
August 8, 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 60 Feet 124 Feet Y
Min. Setbacks
x Front 20 Feet 20 Feet Y
x Side 5 Feet 16.5 Feet Y
x Corner 15 Feet 17 Feet Y
x Rear 15 Feet 71 Feet Y
Max. Lot Coverage 50 % 14 % Y
Lesser of 2 stories or
Max. Building Height 35 Feet 34 Feet Y
Screened,
Gated, w/ a
Trash Enclosure Y
Screened, Gated, w/ a Roof or
Roof or Trellis Trellis
Mech. Equipment Screened Screened Y

Residential Adjacency Standards Required/Allowed Provided Compliance


3:1 proximity slope 102 Feet 72 Feet N*
Trash Enclosure 50 Feet 19 Feet N*
* The applicant has requested a Variance (VAR-71044) to allow a 72-foot residential
adjacency setback and a trash receptacle 19 feet from a residential parcel.

JB
VAR-71044, VAC-71045 and SDR-71046 [PRJ-70925]
Staff Report Page Nine
August 8, 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:
x North 1 Tree / 20 Linear Feet 3 Trees 3 Trees Y
x South 1 Tree / 20 Linear Feet 0 Trees 0 Trees N*
x East 1 Tree / 20 Linear Feet 0 Trees 0 Trees N*
x West 1 Tree / 20 Linear Feet 7 Trees 4 Trees N*
TOTAL PERIMETER TREES 10 Trees 7 Trees N*
1 Tree / 6 Uncovered
Parking Area Spaces, plus 1 tree at the
2 Trees 2 Trees Y
Trees end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
x North 15 Feet 20 Feet Y
x South 8 Feet 0 Feet N**
x East 8 Feet 0 Feet N**
x West 15 Feet 20 Feet Y
Existing 6- Y
foot wall
Wall Height 6 to 8 Feet Adjacent to Residential
adjacent to
Residential
*The applicant has requested an exception of planting materials within the proposed
landscape buffer areas to allow increase visibility to the site.
**The applicant has requested Waivers to allow zero-foot landscape buffers along the
east and south perimeter where eight-foot wide buffers are required.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Washington Master Plan of
Primary Arterial 100 Y
Avenue Street & Highways
Master Plan of
Eastern Avenue Primary Arterial 100 Y
Street & Highways

JB
VAR-71044, VAC-71045 and SDR-71046 [PRJ-70925]
Staff Report Page Ten
August 8, 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
4,690 SF 1:300 16
than Listed
TOTAL SPACES REQUIRED 16 16 Y
Regular and Handicap Spaces Required 15 1 15 1 Y

Waivers
Requirement Request Staff Recommendation
To allow zero-foot
Eight-foot wide landscape
landscape buffers
buffers are required along all Denial
along the east and
interior lot lines.
south perimeter.

Exceptions
Requirement Request Staff Recommendation
To allow a total of
seven trees within
One 24-inch box tree is
the landscape buffer Denial
required per 20 linear feet.
areas where ten
trees are required.

JB
VAR-71044



CLV Planning - Application Form
Application Number: PRJ-70925

Application/Petition For: PRJ-70925 _ VAR/VAC/SDR

ProjectAddress (Location): 877 NORTH EASTERN AVE

Project Name RODOLFO GONZALEX ATTORNEY AT LAW BUILDING

Assessors Parcel #(s): 13925301008

Ward #: WARD 3 (BOB COFFIN)

Is the Application Information Yes


Correct:
If no, ...change what RODOLFO GONZALEZ

General Plan Designation: Proposed: Select

Zoning District: Proposed: Select

Gross Acres:

Lots/Units:

Additional Information:

Applicant First Name: MICHAEL

Applicant Last Name: CROWE

Applicant Address: 5215 SOMERSET DRIVE

Applicant City: LAS VEGAS

Applicant State: NV

Applicant Zip: 89120

Applicant Phone: 702-249-0706

Applicant Fax:

Applicant Email: MBCROWE@COX.NET

Rep First Name: MICHAEL


Rep Last Name: CROWE

Rep Address: 5215 SOMERSET DRIVE

Rep City: LAS VEGAS

Rep State: NV

Rep Zip: 89120

Rep Phone: 702-249-0706

Rep Fax:

Rep Email: MBCROWE@COX.NET

VAR-71044, SDR-71046 and VAC-71045


6/27/2017 1:45:43 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 GONZALEZ RODOLFO LAW OFFICE LTD

Owner(s) ADDR1 ADDR2


RODOLFO GONZALEZ GONZALEZ 11590 ROSSOVINO ST LAS VEGAS, NV 89183
RODOLF LAW OFFICE LTD

CLVEPLAN Applicant Company Title Email


Michael Crowe Michael Crowe Architect Owner mbcrowe@cox.net

VAR-71044, SDR-71046 and VAC-71045


6/27/2017 1:45:43 PM Page 2 of 2
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7 b7 A7 A 7 bAbA7 bbA
7
7
7 77


7
b7 b A
b87

b

7 A7 77

b7 b b7 b


bb

7b7A77A7A
7bA77A
A777A
b77777bA
b7Abb7b7A777
777777A7
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7
777bA
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7 7 7
7A

7 7 7

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bA 777 7 7 7 7

77 
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VAR-71044, VAC-71045 and SDR-71046


7777A777

VAR-71044, VAC-71045 and SDR-71046



VAR-71044, VAC-71045 and SDR-71046



VAR-71044, VAC-71045 and SDR-71046



VAR-71044, VAC-71045 and SDR-71046



VAR-71044, VAC-71045 and SDR-71046



VAR-71044, VAC-71045 and SDR-71046


VAR-71044 [PRJ-70925] - VARIANCE RELATED TO VAC-71045 AND SDR-71046 - APPLICANT: RODOLFO
GONZALEZ - OWNER: THE LAW OFFICE OF RODOLFO GONZALEZ, LTD
877 NORTH EASTERN AVENUE
06/29/17
VAR-71044 [PRJ-70925] - VARIANCE RELATED TO VAC-71045 AND SDR-71046 - APPLICANT: RODOLFO
GONZALEZ - OWNER: THE LAW OFFICE OF RODOLFO GONZALEZ, LTD
877 NORTH EASTERN AVENUE
06/29/17
VAR-71044 [PRJ-70925] - VARIANCE RELATED TO VAC-71045 AND SDR-71046 - APPLICANT: RODOLFO
GONZALEZ - OWNER: THE LAW OFFICE OF RODOLFO GONZALEZ, LTD
877 NORTH EASTERN AVENUE
06/29/17
VAR-71044 [PRJ-70925] - VARIANCE RELATED TO VAC-71045 AND SDR-71046 - APPLICANT: RODOLFO
GONZALEZ - OWNER: THE LAW OFFICE OF RODOLFO GONZALEZ, LTD
877 NORTH EASTERN AVENUE
06/29/17
VAR-71044 [PRJ-70925] - VARIANCE RELATED TO VAC-71045 AND SDR-71046 - APPLICANT: RODOLFO
GONZALEZ - OWNER: THE LAW OFFICE OF RODOLFO GONZALEZ, LTD
877 NORTH EASTERN AVENUE
06/29/17
Agenda Item No.: 33.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAC-71045 - VACATION RELATED TO VAR-71044 - PUBLIC HEARING - APPLICANT:
RODOLFO GONZALEZ - OWNER: THE LAW OFFICE OF RODOLFO GONZALEZ, LTD -
For possible action on a request for a Petition to Vacate an existing 20-foot wide public sewer
easement located at 877 North Eastern Avenue, Ward 3 (Coffin) [PRJ-70925]. Staff
recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 9/20/2017


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. 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.
VAC-71045



A 7

b 7 27A 7 A
A 7A 7 7 A b A
b

7 A b A 7 27A 7 7 27A 772 7 A 7 7 7


b 7 27A 7 A 72 7 b 7 7 7 7A 7 7 2
A b A 7A 7 b 7 7 7 7 7 A 7
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b 7 27 7 72 77 A 77 27 7 72 7 7 7 22b
27 7 b 7b A 7b 7 A A 7 7 A 7 7
7 A 7 27 7 7 A 7 27 b 7
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2 b
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A 7
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77

VAC-71045
7777A777

VAC-71045
Agenda Item No.: 34.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SDR-71046 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-71044 AND
VAC-71045 - PUBLIC HEARING - APPLICANT: RODOLFO GONZALEZ - OWNER: THE
LAW OFFICE OF RODOLFO GONZALEZ, LTD - For possible action on a request for a Site
Development Plan Review FOR A PROPOSED 4,690 SQUARE-FOOT OFFICE
DEVELOPMENT WITH WAIVERS TO ALLOW ZERO-FOOT WIDE LANDSCAPE
BUFFERS ALONG THE EAST AND SOUTH PERIMETER WHERE EIGHT FEET IS
REQUIRED on 0.38 acres at 877 North Eastern Avenue (APN 139-25-301-008), P-R
(Professional Office and Parking) Zone, Ward 3 (Coffin) [PRJ-70925]. Staff recommends
DENIAL.

MAY GO TO CITY COUNCIL ON 9/20/2017


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 DENIAL, if approved, subject to conditions:

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Traffic Notes from the Department of Public Works
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-71046



SDR 71046
Rudolfo Gonzalez

877 N. Eastern Avenue


Proposed 4.69 thousand square foot office building.

Proposed Use

Average Daily Traffic (ADT) 11.03 52


AM Peak Hour GENERAL OFFICE BUILDING [1000 SF] 4.69 1.56 7
PM Peak Hour 1.49 7

Existing traffic on nearby streets:


Washington Avenue
Average Daily Traffic (ADT) 17,022
PM Peak Hour (heaviest 60 minutes) 1,362

Eastern Avenue
Average Daily Traffic (ADT) 30,371
PM Peak Hour (heaviest 60 minutes) 2,430

Traffic Capacity of adjacent streets:


Adjacent Street ADT Capacity
Washington Avenue 35,490
Eastern Avenue 50,900

This project will add approximately 52 trips per day on Washington Ave. and Eastern Ave. Currently, Washington is at
about 48 percent of capacity and Eastern is at about 60 percent of capacity. With this project, these capacities are
expected to be unchanged.

Based on Peak Hour use, this development will add into the area roughly 7 additional cars, or about one every nine
minutes.

Note that this report assumes all traffic from this development uses all named streets.

Agenda Item No.: 35.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71093 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: FIRST THAI-
LAOTIAN PRESBYTERIAN CHURCH - For possible action on a request for a Variance TO
ALLOW A 15-FOOT FRONT YARD SETBACK WHERE 50 FEET IS REQUIRED on 2.50
acres at the northwest corner of Smoke Ranch Road and Michael Way (APN 138-13-403-001),
R-E (Residence Estates) Zone, Ward 5 (Barlow) [PRJ-67966]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 9/20/2017


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 - VAR-71093 and SUP-71094 [PRJ-67966]
2. Conditions and Staff Report - VAR-71093 and SUP-71094 [PRJ-67966]
3. Supporting Documentation - VAR-71093 and SUP-71094 [PRJ-67966]
4. Photo(s) - VAR-71093 and SUP-71094 [PRJ-67966]
5. Justification Letter - VAR-71093 and SUP-71094 [PRJ-67966]
6. Protest Comment for VAR-71093 and SUP-71094 [PRJ-67966]
VAR-71093, SUP-71094 and SDR-71095 [PRJ-67966]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: AUGUST 8, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: FIRST THAI-LAOTIAN
PRESBYTERIAN CHURCH

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71093 Staff recommends APPROVAL, subject to conditions: N/A
SUP-71094 Staff recommends APPROVAL, subject to conditions: VAR-71093
SDR-71095 Staff recommends APPROVAL, subject to conditions: VAR-71093
SUP-71094

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 12

NOTICES MAILED 466 - VAR-71093 and SUP-71094


466 - SDR-71095

PROTESTS 1 - VAR-71093 and SUP-71094


0 - SDR-71095

APPROVALS 0 - VAR-71093 and SUP-71094


0 - SDR-71095

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VAR-71093, SUP-71094 and SDR-71095 [PRJ-67966]
Conditions Page One
August 8, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71093 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-71094) and Site Development Plan Review (SDR-71095) 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-71094 CONDITIONS

Planning

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


Church/House of Worship use.

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


71093) and Site Development Plan Review (SDR-71095) shall be required.

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

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VAR-71093, SUP-71094 and SDR-71095 [PRJ-67966]
Conditions Page Two
August 8, 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, as well as submitted as part of any business license
application.

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

SDR-71095 CONDITIONS

Planning

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


71093), Special Use Permit (SUP-71094) 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, date stamped 07/24/17;
landscape plan, date stamped 07/24/17; and building elevations, date stamped
06/26/17, except as amended by conditions herein.

4. A Waiver from 19.06.060 is hereby approved, to allow a six-foot wide perimeter


landscape buffer along the south property line.

5. A Waiver from 19.06.060 is hereby approved, to allow a five-foot wide perimeter


landscape buffer along the east property line.

6. An Exception from Title 19.08.110 is hereby approved, to allow no shade trees at


the end of the parking row located in the northeast corner of the site.

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.

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VAR-71093, SUP-71094 and SDR-71095 [PRJ-67966]
Conditions Page Three
August 8, 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.

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. Prior to the issuance of any permits, dedicate an additional 10 feet of right-of-way
for a total half street width of 40-feet on Michael Way.

13. Construct all incomplete half-street improvements on Michael Way 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. Correct all American's with Disabilities Act (ADA) deficiencies on the sidewalks on
Smoke Ranch Road adjacent to this site in accordance with code requirements of
Title 13.56.040 to the satisfaction of the City Engineer concurrent with
development of this site.

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. 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.

RG
VAR-71093, SUP-71094 and SDR-71095 [PRJ-67966]
Staff Report Page One
August 8, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to construct a 17,200 square-foot Church/House of Worship


building at the northwest corner of Smoke Ranch Road and Michael Way.

ISSUES

x A request for a Variance of Title 19.06.060, to allow a front yard setback of 15 feet
where 50 feet is required. Staff recommends approval.
x A Church/House of Worship use is permitted in the R-E (Residence Estates) zoning
district with the approval of a Special Use Permit. Staff recommends approval.
x A request for Waivers from Title 19.06.060, to allow a six-foot wide perimeter
landscape buffer along the south property line and a five-foot wide perimeter
landscape buffer along the east property line where 15 feet is required adjacent to a
right-of-way. Staff supports this request.
x An exception to Title 19.08.110, to allow no shade trees at the end of the parking
located in the northeast corner of the property. Staff supports this request.

ANALYSIS

The request is for a Variance, Special Use Permit and a Site Development Plan Review
for a proposed 17,200 square-foot Church/House of Worship building. The
development comprises of two buildings that are oriented towards the southeast corner
of the property. The site is zoned R-E (Residence Estates) and is undeveloped. The
site is located within the 70-foot Airport Overlay District.

The site is adjacent to R-1 (Single Family Residential) zoned properties that are located
to the north and the west. As such, residential adjacency standards apply to this
development. However, the proposed building setbacks are adequate; therefore, does
not compromise the residential adjacency. The site will be accessed via one drive from
Smoke Ranch Road and one from Michael Way. There are 250 parking spaces are
provided for the site where 62 are required.

A Variance has been requested for the proposed Church/House of Worship


development. Pursuant to Title 19.06.060, the front yard setback is 50 feet in the R-E
(Residence Estates) zoning district. The subject property is a corner lot and pursuant to
Title 19.08, in the case of a corner lot, the front of the lot shall be considered to be the

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VAR-71093, SUP-71094 and SDR-71095 [PRJ-67966]
Staff Report Page Two
August 8, 2017 - Planning Commission Meeting

side which has the lesser dimension in width. In this case, Michael Way is less than
that of the Smoke Ranch Road frontage. The setback for the proposed house of
worship is 15 feet. On corner lots such as this site, the building should be oriented to
the corner and to the street fronts. The required setback of 50 feet is intended for
single-family residential dwellings and the proposed development is a nonresidential
development. Due to the residential adjacency standards, the building has to be
setback further than the standard rear and side yard setbacks of the R-E zoning district.
Therefore, staff recommends approval.

The applicant has requested Waivers of Title 19.06.060, to reduce the landscape buffer
widths along the south and east property lines. Pursuant to Title 19.06.060, for
nonresidential development, the perimeter landscape buffers shall have a minimum
width of 15 feet adjacent to a right-of-way. The landscape buffer adjacent to the south
property line along Smoke Ranch Road contains a sidewalk that is parallel to the street
right-of-way. Pursuant to Title 19.06.040 (F)(9)(b), encroachments are permitted within
the required buffer zones for sidewalks that are located perpendicular or approximately
perpendicular to the street right-of-way. In this case, the proposed sidewalk from the
building is parallel to the street right-of-way. Therefore, the minimum landscape buffer
width of six feet along a portion of the south property line is provided. A five-foot wide
landscape buffer is provided along a portion of the east property line. The landscape
buffer on the east property line narrows towards the north side of the property. The
minimum width adjacent to the drive entrance from Michael Way will be five feet in
width. Staff supports these waivers as the affected landscape buffers still provide the
trees and shrubs as required by Title 19.

The landscape plan depicts perimeter landscape buffers along the property lines
planted with the required 24-inch box trees at every 20 feet on-center. Trees species
used include Mediterranean Fan Palms, Mexican Fan Palms, African Sumacs, Model
Pines, and Holly Oaks. Provided shrubs include five-gallon Feathery Cassia, Desert
Spoon, Fortnight Lily, Red Yucca, Green Texas Ranger, Pink Lady Hawthorn, Purple
Sage, Sierra Gold Dalea, New Gold Lantana, Orange Lantana and Trailing Rosemary.
There is no covered parking for this development and there are adequate parking
landscaping throughout the parking lot.

An exception to Title 19.08.110 has been requested to allow no shade trees on one end
of the parking row located in the northeast corner of the property. The RPDA and
RPPA will be located within the landscaping; therefore, planting a shade tree at that
location will not be practical. All other parking lot landscaping is provided in accordance
with Title 19.

The Department of Public Works has indicated that this project will add approximately
157 trips per day on Smoke Ranch Road and Michael Way. Currently, Smoke Ranch
Road is at about 37 percent of capacity and Michael Way is at about 29 percent of

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VAR-71093, SUP-71094 and SDR-71095 [PRJ-67966]
Staff Report Page Three
August 8, 2017 - Planning Commission Meeting

capacity. With this project, Smoke Ranch Road is expected to remain unchanged and
Michael Way is expected to be about 30 percent of capacity.

The proposed development is located within 500 feet of the City boundary with Clark
County. The Special Use Permit (SUP-71094) application requires a submittal of the
Project of Regional Significance form. There are no comments from other agencies
regarding the proposed Special Use Permit.

A Church/House of Worship use is permitted in the R-E (Residence Estates) zoning


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

The Church/House of Worship use is defined as Any building used for religious worship
services, religious education and fellowship activities and programs of a religious
organization. This use includes the use of the building and premises for other related
activities, such as child care facilities, formal educational programs, preschool classes
and recreational activities, but only when those activities are ancillary to the religious
use and only after those uses have been approved by means of a use review or other
procedure under LVMC Chapter 19.16. This use does not include any class of child
care center, general education classroom or facility, thrift shop, homeless shelter or
commercial activity. The proposed use meets the definition per the submitted
justification letter date stamped 06/26/17. The proposed Church/House of Worship
primary activity is church services with small gatherings held on various days of the
week. The class rooms are for Sunday school use only and not for a private school.

The Minimum Special Use Permit Requirements for this use include:

1. The Special Use Permit approval may include such activities as religious
services, religious instruction, church club activities and similar activities.

The proposed use meets this requirement as the primary uses are religious
services with small gatherings held on various days of the week. The class
rooms are for Sunday school use only.

2. The Special Use Permit approval may also include accessory functions, such as
child care facilities, formal educational programs, preschool classes and similar
related activities, if:
a. The uses are specifically proposed in the application; and
b. The Director finds that each such use is ancillary to the primary use.

The proposed Church/House of Worship use will not conduct a child care facility,
formal education programs or preschool classes on site.

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VAR-71093, SUP-71094 and SDR-71095 [PRJ-67966]
Staff Report Page Four
August 8, 2017 - Planning Commission Meeting

3. Following approval of a Special Use Permit, if any additional uses not specifically
covered by that Special Use Permit are proposed, an additional public hearing
process shall be required to add the uses.

There are no additional uses included in the applicants justification letter which
states that the use will be limited to church services, group meetings and Sunday
school.

4. In residential districts, related uses such as thrift shops, homeless shelters and
other similar activities may not be conducted and are not eligible for approval as
part of a Special Use Permit. Such uses may be conducted only in the zoning
districts in which such uses are permitted as primary uses, and must receive
specific approval to operate. (Non-waivable)

There will be no thrift shops, homeless shelters and other similar activities related
to the proposed Church/House of Worship use.

5. Churches on sites larger than 5 acres shall not be permitted in the U District or a
district with an R prefix. (Non-waivable)

The subject site is 2.39 acres according to the Clark County Assessors Office.

The proposed Church/House of Worship use can be conducted in a manner that is


harmonious and compatible with existing surrounding land uses, and with future
surrounding land uses. The proposed development requires waivers of the perimeter
landscape buffers and an exception to allow no trees at the end of one parking row.
The proposed building setback Variance allow the use to meet residential adjacency
standards; therefore, staff recommends approval with conditions.

FINDINGS (VAR-71093)

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

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VAR-71093, SUP-71094 and SDR-71095 [PRJ-67966]
Staff Report Page Five
August 8, 2017 - Planning Commission Meeting

piece of property at the time of enactment of the regulation, or by reason of


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

The applicant has submitted a development plan that conforms to the residential
adjacency requirements based on the R-1 (Single Family Residential) zoning districts
adjacent to the site, and has oriented the building to the corner of the lot and the street
fronts as directed by Title 19. As a result, they have established a practical difficulty to
providing the front setback requirement of 50 feet.

FINDINGS (SUP-71094)

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 Church/House of Worship 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.

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 land use
proposed.

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


adequate in size to meet the requirements of the proposed use.

Smoke Ranch Road, a 100-foot primary arterial and Michael Way, an 80-foot
major collector, will provide access to the property and are adequate in size to
meet the requirements of the proposed Church/House of Worship use.

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VAR-71093, SUP-71094 and SDR-71095 [PRJ-67966]
Staff Report Page Six
August 8, 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.

Approval of the Special Use Permit will not compromise the publics health, safety
or general welfare.

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

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

FINDINGS (SDR-71095)

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

1. The proposed development is compatible with adjacent development and


development in the area;

The proposed development is appropriate for the area, as it is located at the


intersection of Smoke Ranch Road and Michael Way at the northwest corner.

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

The proposed development has requested Waivers to allow the decrease in the
width of the perimeter landscape buffers along the south and east perimeters and
a 15-foot front yard setback Variance. The development otherwise is in
conformance with Title 19 requirements for nonresidential projects, including
residential adjacency requirements.

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


neighborhood traffic;

Access to the site is from Smoke Ranch Road and Michael Way. The site access
and circulation do not negatively impact adjacent roadways or neighborhood
traffic.

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

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VAR-71093, SUP-71094 and SDR-71095 [PRJ-67966]
Staff Report Page Seven
August 8, 2017 - Planning Commission Meeting

Building materials consists of stucco, cement board siding, and aluminum frames
for windows and doors. These materials are appropriate for the area. Drought-
tolerant landscaping is used in sufficient quantities and in the appropriate areas for
shading and aesthetics.

5. Building elevations, design characteristics and other architectural and


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

The design characteristics of the proposed building elevations are not unsightly
and are compatible with the development in the area. The proposed materials are
suitable for the surrounding commercial uses.

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

The proposed nonresidential development will be subject to building permit review


and inspections; therefore, protecting the public health, safety and general
welfare.

BACKGROUND INFORMATION

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


The City Council approved a General Plan Amendment (GPA-4649)
from PF (Public Facilities) to ML (Medium Low Density Residential) on
2.5 acres located adjacent to the northwest corner of Michael Way and
Smoke Ranch Road. The Planning Commission and staff
recommended approval.
10/06/04
The City Council approved a Rezoning from R-E (Residence Estates)
to R-PD6 (Residential Planned Development 6 Units per Acre) on
2.5 acres located adjacent to the northwest corner of Michael Way and
Smoke Ranch Road. The Planning Commission and staff
recommended approval.
The City Council approved a Waiver (WVR-4846) to allow
approximately 157 feet between street intersections where 220 feet is
10/06/04 the minimum distance separation required on 2.5 acres located
adjacent to the northwest corner of Michael Way and Smoke Ranch
Road. Planning commission and staff recommended approval.

RG
VAR-71093, SUP-71094 and SDR-71095 [PRJ-67966]
Staff Report Page Eight
August 8, 2017 - Planning Commission Meeting

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


The City Council approved a Variance (VAR-4648) to allow a 2.5-acre
R-PD subdivision where 5 acres is required for a 14-unit single-family
residential planned development on 2.5 acres located adjacent to the
northwest corner of Michael Way and Smoke Ranch Road. The
Planning Commission and staff recommended approval.
The City Council approved a Site Development Plan Review (SDR-
4647) for a 14-unit single-family residential planned development on
2.5 acres located adjacent to the northwest corner of Michael Way and
Smoke Ranch Road. The Planning Commission and staff
recommended approval.
The Planning Commission approved a Tentative Map (TMP-5585) for
a 14-lot single-family residential subdivision on 2.5 acres located
12/16/04
adjacent to the northwest corner of Michael Way and Smoke Ranch
Road. Staff recommended approval.
The City Council approved an Extension of Time (EOT-17074) for a
previously approved Rezoning (ZON-4646) from R-E (Residence
Estates) to R-PD6 (Residential Planned Development 6 Units per
Acre) on 2.5 acres located adjacent to the northwest corner of Michael
Way and Smoke Ranch Road. Staff recommended approval.
11/01/06
The City Council approved an Extension of Time (EOT-17075) for a
previously approved Variance (VAR-4648) to allow a 2.5 acre R-PD
subdivision where 5 acres is required for a 14-unit single-family
residential planned development adjacent to the northwest corner of
Michael Way and Smoke Ranch Road. Staff recommended approval.
The City Council approved an Extension of Time (EOT-17076) for a
previously approved Site Development Plan Review (SDR-4647) for a
14-unit single-family residential planned development on 2.5 acres
adjacent to the northwest corner of Michael Way and Smoke Ranch
Road. Staff recommended approval.
The City Council approved a Review of Condition (ROC-17081) of
11/01/06
condition number 4 of Site Development Plan Review (SDR-4647) to
allow zero-foot setbacks on all sides where a minimum of 20 feet are
required in the front of the house, 10 feet on the side, 22 feet on the
corner side and 20 feet in the rear on 2.5 acres adjacent to the
northwest corner of Michael Way and Smoke Ranch Road. Staff
recommended approval.
The City Council denied the request for a General Plan Amendment
(GPA-54270), from: ML (Medium Low Density Residential) to: SC
08/20/14 (Service Commercial) at the northwest corner of Smoke Ranch Road
and Michael Way. The Planning Commission and staff recommended
denial.

RG
VAR-71093, SUP-71094 and SDR-71095 [PRJ-67966]
Staff Report Page Nine
August 8, 2017 - Planning Commission Meeting

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


The City Council denied the request for a Rezoning (ZON-54271)
from: R-E (Residence Estates) to: C-1 (Limited Commercial) at the
northwest corner of Smoke Ranch and Michael Way. The Planning
Commission and staff recommended denial.
The City Council denied the request for a Site Development Plan
Review (SDR-54272) for two proposed general retail buildings totaling
16,305 square feet and a 2,203 square-foot restaurant at the
northwest corner of Smoke Ranch and Michael Way. The Planning
Commission and staff recommended denial.

Most Recent Change of Ownership


11/22/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no building permits or business licenses issued at the subject site.

Pre-Application Meeting
A pre-application meeting was conducted with the applicants
representative and discussed the submittal process for a Variance,
06/08/17 Special Use Permit and Site Development Plan Review applications.
A waiver of the perimeter landscape buffers along the south and east
property lines.

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

Field Check
06/29/17 A field check of the undeveloped site was conducted by staff.

Details of Application Request


Site Area
Net Acres 2.39

RG
VAR-71093, SUP-71094 and SDR-71095 [PRJ-67966]
Staff Report Page Ten
August 8, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject ML (Medium Low R-E (Residence
Undeveloped
Property Density Residential) Estates)
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)
MLA (Medium Low R-PD6 (Residential
Multi-Family
East Attached Density Planned Development
Residential
Residential) 6 Units per Acre)
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 Y

DEVELOPMENT STANDARDS

Pursuant to Title 19.06, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size 20,000 SF 108,900 SF Y
Min. Lot Width 100 Feet 279 Feet Y
Min. Setbacks
x Front (East)
x Side (North) 50 Feet 15 Feet N
x Corner Side 10 Feet 121 Feet Y
(South) 15 Feet 15 Feet Y
x Rear (West) 35 Feet 170 Feet Y

RG
VAR-71093, SUP-71094 and SDR-71095 [PRJ-67966]
Staff Report Page Eleven
August 8, 2017 - Planning Commission Meeting

Standard Required/Allowed Provided Compliance


Max. Building Height 35 Feet or 2 stories 24 Feet Y
Screened, Gated, w/ a Screened, Gated, w/
Trash Enclosure Y
Roof or Trellis a Roof or Trellis
Mech. Equipment Screened Screened Y

Residential Adjacency
Standards Required/Allowed Provided Compliance
3:1 proximity slope to residential
property to the north side 75 Feet 121 Feet Y
3:1 proximity slope to residential
property to the west side 60 Feet 178 Feet Y
Trash Enclosure 50 Feet 114 Feet Y

Pursuant to Title 19.06 and 19.08, the following standards apply:


Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees
Buffer Trees:
x North 1 Tree / 20 Linear Feet 17 Trees 17 Trees Y
x South 1 Tree / 20 Linear Feet 14 Trees 15 Trees Y
x East 1 Tree / 20 Linear Feet 13 Trees 13 Trees Y
x West 1 Tree / 20 Linear Feet 14 Trees 15 Trees Y
TOTAL PERIMETER TREES 58 Trees 60 Trees Y
1 Tree / 6 Uncovered
Parking Area Spaces, plus 1 tree at the
37 Trees 36 Trees N
Trees end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
x North 8 Feet 10 Feet Y
x South 15 Feet 6 Feet N
x East 15 Feet 5 Feet N
x West 8 Feet 10 Feet Y
Wall Height 6 to 8 Feet Adjacent to Residential 6 Feet Y

RG
VAR-71093, SUP-71094 and SDR-71095 [PRJ-67966]
Staff Report Page Twelve
August 8, 2017 - Planning Commission Meeting

Functional Actual Compliance


Governing
Street Name Classification of Street Width with Street
Document
Street(s) (Feet) Section
Master Plan of Streets
Michael Way Major Collector 80 Y
& Highways
Smoke Master Plan of Streets
Primary Arterial 100 Y
Ranch Road & Highways

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 Ratio Handi- Handi-
Regular Regular
Units capped capped
6,180 SF
Church/House
(Gathering 1/100 SF 62
of Worship
Area)
TOTAL SPACES REQUIRED 62 150 Y
Regular and Handicap Spaces Required 59 3 144 6 Y

Waivers
Requirement Request Staff Recommendation
To allow a 6-foot wide
perimeter landscape
A 15-foot wide perimeter buffer to the south
landscape buffer adjacent to property line. To allow a Approval
the public right-of-way. 5-foot wide perimeter
landscape buffer to the
east property line.

Exceptions
Requirement Request Staff Recommendation
To allow no shade
trees at the end of
A shade tree is required at the parking row on
Approval
each end of the parking row. the site located at the
northeast corner of
the property.

RG
VAR-71093



VAR-71093


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VAR-71093, SUP-71094 and SDR-71095


VAR-71093, SUP-71094 and SDR-71095



VAR-71093, SUP-71094 and SDR-71095


VAR-71093 [PRJ-67966] - VARIANCE RELATED TO SUP-71094 AND SDR-71095 - APPLICANT/OWNER: FIRST
THAI-LAOTIAN PRESBYTERIAN CHURCH
NORTHWEST CORNER OF SMOKE RANCH ROAD AND MICHAEL WAY
06/29/17
VAR-71093 [PRJ-67966] - VARIANCE RELATED TO SUP-71094 AND SDR-71095 - APPLICANT/OWNER: FIRST
THAI-LAOTIAN PRESBYTERIAN CHURCH
NORTHWEST CORNER OF SMOKE RANCH ROAD AND MICHAEL WAY
06/29/17
VAR-71093 [PRJ-67966] - VARIANCE RELATED TO SUP-71094 AND SDR-71095 - APPLICANT/OWNER: FIRST
THAI-LAOTIAN PRESBYTERIAN CHURCH
NORTHWEST CORNER OF SMOKE RANCH ROAD AND MICHAEL WAY
06/29/17
VAR-71093 [PRJ-67966] - VARIANCE RELATED TO SUP-71094 AND SDR-71095 - APPLICANT/OWNER: FIRST
THAI-LAOTIAN PRESBYTERIAN CHURCH
NORTHWEST CORNER OF SMOKE RANCH ROAD AND MICHAEL WAY
06/29/17
VAR-71093 [PRJ-67966] - VARIANCE RELATED TO SUP-71094 AND SDR-71095 - APPLICANT/OWNER: FIRST
THAI-LAOTIAN PRESBYTERIAN CHURCH
NORTHWEST CORNER OF SMOKE RANCH ROAD AND MICHAEL WAY
06/29/17
VAR-71093 [PRJ-67966] - VARIANCE RELATED TO SUP-71094 AND SDR-71095 - APPLICANT/OWNER: FIRST
THAI-LAOTIAN PRESBYTERIAN CHURCH
NORTHWEST CORNER OF SMOKE RANCH ROAD AND MICHAEL WAY
06/29/17
VAR-71093 [PRJ-67966] - VARIANCE RELATED TO SUP-71094 AND SDR-71095 - APPLICANT/OWNER: FIRST
THAI-LAOTIAN PRESBYTERIAN CHURCH
NORTHWEST CORNER OF SMOKE RANCH ROAD AND MICHAEL WAY
06/29/17
VAR-71093 [PRJ-67966] - VARIANCE RELATED TO SUP-71094 AND SDR-71095 - APPLICANT/OWNER: FIRST
THAI-LAOTIAN PRESBYTERIAN CHURCH
NORTHWEST CORNER OF SMOKE RANCH ROAD AND MICHAEL WAY
06/29/17
VAR-71093 [PRJ-67966] - VARIANCE RELATED TO SUP-71094 AND SDR-71095 - APPLICANT/OWNER: FIRST
THAI-LAOTIAN PRESBYTERIAN CHURCH
NORTHWEST CORNER OF SMOKE RANCH ROAD AND MICHAEL WAY
06/29/17
VAR-71093 [PRJ-67966] - VARIANCE RELATED TO SUP-71094 AND SDR-71095 - APPLICANT/OWNER: FIRST
THAI-LAOTIAN PRESBYTERIAN CHURCH
NORTHWEST CORNER OF SMOKE RANCH ROAD AND MICHAEL WAY
06/29/17
VAR-71093 [PRJ-67966] - VARIANCE RELATED TO SUP-71094 AND SDR-71095 - APPLICANT/OWNER: FIRST
THAI-LAOTIAN PRESBYTERIAN CHURCH
NORTHWEST CORNER OF SMOKE RANCH ROAD AND MICHAEL WAY
06/29/17
VAR-71093 [PRJ-67966] - VARIANCE RELATED TO SUP-71094 AND SDR-71095 - APPLICANT/OWNER: FIRST
THAI-LAOTIAN PRESBYTERIAN CHURCH
NORTHWEST CORNER OF SMOKE RANCH ROAD AND MICHAEL WAY
06/29/17
VAR-71093 [PRJ-67966] - VARIANCE RELATED TO SUP-71094 AND SDR-71095 - APPLICANT/OWNER: FIRST
THAI-LAOTIAN PRESBYTERIAN CHURCH
NORTHWEST CORNER OF SMOKE RANCH ROAD AND MICHAEL WAY
06/29/17
Agenda Item No.: 36.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-71094 - SPECIAL USE PERMIT RELATED TO VAR-71093 - PUBLIC HEARING -
APPLICANT/OWNER: FIRST THAI-LAOTIAN PRESBYTERIAN CHURCH - For possible
action on a request for a Special Use Permit FOR A PROPOSED CHURCH/HOUSE OF
WORSHIP USE at the northwest corner of Smoke Ranch Road and Michael Way (APN 138-13-
403-001), R-E (Residence Estates) Zone, Ward 5 (Barlow) [PRJ-67966]. Staff recommends
APPROVAL.

MAY GO TO CITY COUNCIL ON 9/20/2017


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. 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-71094



SUP-71094


Agenda Item No.: 37.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SDR-71095 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-71093 AND SUP-
71094 - PUBLIC HEARING - APPLICANT/OWNER: FIRST THAI-LAOTIAN
PRESBYTERIAN CHURCH - For possible action on a request for a Site Development Plan
Review FOR A PROPOSED 17,210 SQUARE-FOOT CHURCH/HOUSE OF WORSHIP WITH
WAIVERS TO ALLOW A FIVE-FOOT LANDSCAPE BUFFER ALONG THE EAST
PERIMETER AND A SIX-FOOT LANDSCAPE BUFFER ALONG THE SOUTH
PERIMETER WHERE 15 FEET IS REQUIRED on 2.50 acres at the northwest corner of Smoke
Ranch Road and Michael Way (APN 138-13-403-001), R-E (Residence Estates) Zone, Ward 5
(Barlow) [PRJ-67966]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 9/20/2017


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-71095



SDR-71095


SDR 71095
First Thai-Laotian Presbyterian Church

NWC Smoke Ranch Road & Michael Way


Proposed 17.21 thousand square foot church.

Proposed Use

Average Daily Traffic (ADT) 9.11 157


PM Peak Hour CHURCH [1000 SF] 17.21 0.55 9
Sunday Peak Hour 12.04 207

Existing traffic on nearby streets:


Smoke Ranch Road
Average Daily Traffic (ADT) 13,031
PM Peak Hour (heaviest 60 minutes) 1,042

Michael Way
Average Daily Traffic (ADT) 4,474
PM Peak Hour (heaviest 60 minutes) 358

Traffic Capacity of adjacent streets:


Adjacent Street ADT Capacity
Smoke Ranch Road 35,490
Michael Way 15,600

This project will add approximately 157 trips per day on Smoke Ranch Rd. and Michael Wy. Currently, Smoke Ranch is at
about 37 percent of capacity and Michael is at about 29 percent of capacity. With this project, Smoke Ranch is expected to
remain unchanged and Michael is expected to be at about 30 percent of capacity.

Based on Sunday Peak Hour use, this development will add into the area roughly 207 additional cars, or about seven
every two 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: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71070 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: WILLIAM H. AND
CAROL E. STODDARD FAMILY TRUST - For possible action on a request for a Variance TO
ALLOW A FIVE-FOOT SIDE YARD AND SEVEN-FOOT REAR YARD SETBACK WHERE
10 FEET IS REQUIRED FOR A PROPOSED 2,000 SQUARE-FOOT ACCESSORY
STRUCTURE (CLASS II) [GARAGE] on 0.47 acres at 404 Lacy Lane (APN 139-32-210-004),
R-E (Residence Estates) Zone, Ward 1 (Tarkanian) [PRJ-70795]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 9/20/2017


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-71070 [PRJ-70795]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: AUGUST 8, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: WILLIAM H. AND CAROL E.
STODDARD FAMILY TRUST

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71070 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 20

NOTICES MAILED 87

PROTESTS 0

APPROVALS 0

JB
VAR-71070 [PRJ-70795]
Conditions Page One
August 8, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71070 CONDITIONS

Planning

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

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

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

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

JB
VAR-71070 [PRJ-70795]
Staff Report Page One
August 8, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Variance to allow a proposed 2,000 square-foot Accessory


Structure (Class II) [Garage] to be located five feet from the side property line and
seven feet from the rear property line where ten feet is the minimum required by Title
19.06.060. The subject site is located at 404 Lacy Lane, in the R-E (Residence Estates)
zoning district.

ISSUES

x A Variance is required to allow an Accessory Structure (Class II) [Garage] to be


located five feet from the side property line and seven feet from the rear property line
where ten feet is required by Title 19.06.060.

ANALYSIS

An Accessory Structure (Class II) is described in Title 19.12 as: An accessory structure
which is located on the same lot as a principal structure, is detached therefrom, is
incidental or subordinate thereto, and does not qualify as an Accessory Structure
(Class I).

Accessory structures in this residential development must adhere to Title 19.06.060


Development Standards. The subject property lot size is 20,473 square feet in size,
which is consistent with the R-E (Residence Estates) zoning district. Title 19.06.060
requires accessory structures in the R-E (Residence Estates) zoning district to maintain
a minimum setback of ten feet from the rear and side property lines.

The submitted elevations and site plan indicate that the structure will be approximately
13 feet in height measured to the mid-point of the roof. The applicant has indicated in
the justification letter that the structure will be utilized as a detached garage. The
submitted floor plan indicates there are no kitchen facilities associated with the
proposal. The accessory structure has been designed with painted exterior cement
plaster and a tiled roof to be aesthetically compatible with the principal dwelling.

JB
VAR-71070 [PRJ-70795]
Staff Report Page Two
August 8, 2017 - Planning Commission Meeting

The proposed garage will be located in the southwest corner of the site and maintains a
28-foot separation from the principal dwelling where six feet is required; a five-foot
setback from the side yard property line and seven-foot setback from the rear property
line where 10 feet is required. Staff has determined that the proposed structure could be
reconfigured on the subject site to meet all Title 19.06.060 setback requirements.

No substantial evidence has been presented to warrant the requested Variance;


therefore, this is considered a self-created hardship that NRS 278 does not permit. As
the applicant has provided no compelling evidence of a unique or extraordinary
circumstance related to the site itself, staff recommends denial.

FINDINGS (VAR-71070)

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 building setbacks that do
not meet the Title 19.06 requirements. An alternative design would allow conformance
to Title 19.06 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.

JB
VAR-71070 [PRJ-70795]
Staff Report Page Three
August 8, 2017 - Planning Commission Meeting

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 in the general vicinity of the Charleston
Boulevard/Rancho Drive intersection from: SC (Service Commercial)
to: O (Office); from: R (Rural Density Residential) to: DR (Desert
06/19/02
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.

Most Recent Change of Ownership


06/28/06 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#138717) was issued for a water heater at 404 Lacy
05/01/09
Lane. The permit was finalized on 05/04/09.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the
submittal requirements for a Variance. The Variance is required for a
05/31/17 proposed Accessory Structure (Class II) [Garage] that is located five
feet from the side yard property line and seven feet from the rear
property line where ten feet is minimum required by Title 19.06.060.

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

Field Check
A field check was conducted on the subject property and revealed a
06/29/17
well maintained single-family residence.

JB
VAR-71070 [PRJ-70795]
Staff Report Page Four
August 8, 2017 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres 0.47

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 Dwelling Density Residential) Estates)
Single Family, DR (Desert Rural R-E (Residence
North
Detached Dwelling Density Residential) Estates)
Single Family, DR (Desert Rural R-E (Residence
South
Detached Dwelling Density Residential) Estates)
Single Family, DR (Desert Rural R-E (Residence
East
Detached Dwelling Density Residential) Estates)
Las Vegas Springs
West PF (Public Facilities) C-V (Civic)
Preserve

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District (140 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

JB
VAR-71070 [PRJ-70795]
Staff Report Page Five
August 8, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to Title 19.06.060, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Setbacks (Accessory Structure)
x Side 10 Feet 5 Feet N
x Rear 10 Feet 7 Feet N
Min. Distance from the principal dwelling 6 Feet 28 Feet Y
Not to exceed
50% of the rear
20% Y
and side yard
Size and Coverage areas

JB
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VAR-71070
VAR-71070 [PRJ-70795] - VARIANCE - APPLICANT/OWNER: WILLIAM H. AND CAROL E. STODDARD FAMILY
TRUST
404 LACY LANE
06/29/17
VAR-71070 [PRJ-70795] - VARIANCE - APPLICANT/OWNER: WILLIAM H. AND CAROL E. STODDARD FAMILY
TRUST
404 LACY LANE
06/29/17
Agenda Item No.: 39.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
VAR-71077- VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: HIMAWARI II,
LLC - For possible action on a request for a Variance TO ALLOW AN EIGHT-FOOT TALL
SOLID SCREEN WALL WHERE A MAXIMUM HEIGHT OF FIVE FEET WITH A TWO-
FOOT SOLID BASE IS ALLOWED AND A FOUR-FOOT RETAINING WALL WHERE A
HEIGHT OF TWO FEET IN THE FRONT YARD SETBACK AREA IS ALLOWED on 1.31
acres at the northwest corner of El Parque Avenue and Cimarron Road (APN 163-04-304-004),
R-E (Residence Estates) Zone, Ward 1 (Tarkanian) [PRJ-71011]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 9/20/2017


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
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Support Postcard
VAR-71077 [PRJ-71011]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: AUGUST 8, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: PPLICANT/OWNER: HIMAWARI II, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71077 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 31

NOTICES MAILED 170

PROTESTS 0

APPROVALS 1

CS
VAR-71077 [PRJ-71011]
Conditions Page One
August 8, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71077 CONDITIONS

Planning

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

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

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

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

CS
VAR-71077 [PRJ-71011]
Staff Report Page One
August 8, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request to construct a wall within the front yard setback that does not meet
Title 19 height restrictions. The subject site is located at the northwest corner of El
Parque Avenue and Cimarron Road.

ISSUES

x A Variance is required to allow an eight-foot tall wall and a four-foot retaining wall
within a front yard setback area where a two-foot retaining wall and maximum
five-foot screen wall is allowed. Staff recommends denial.

ANALYSIS

The subject site is located within the R-E (Residence Estates) zoning district. This
district allows walls and fences located within the front yard setback area to have a
maximum height of five feet with a two-foot solid base. The applicant proposes to
construct an eight-foot tall solid screen wall with a four-foot solid retaining wall along the
west side of Cimarron Road. Per the project Civil Engineer, the front yard has a
maximum slope of five percent. Title 19 states, Where the grade of the front yard
slopes at a ratio greater than 2:1, multiple retaining walls may be constructed, provided
there is a minimum distance of five feet between retaining walls for landscaping. The
submitted elevation plans depict a five-foot planter with landscaping between the two
walls. The eight-foot tall screen wall will have a 16-inch fluted block segment. The
retaining wall is depicted with an eight-inch fluted block segment. The subject site and
the adjacent properties to the north and east are currently undeveloped. There are
single family detached dwellings on the properties adjacent to the west and south. The
submitted site plan depicts that a single family dwelling and detached garage are
proposed for future development at the site.

While there have been approved variances for similar projects within the vicinity of the
subject property, staff evaluates each request individually. Based on the requirements
of Title 19 and the applicants failure to produce any evidence of a hardship related to
the physical characteristics of the property, staff recommends denial of the request. If
approved, the applicant will be able to construct the wall as proposed.

CS
VAR-71077 [PRJ-71011]
Staff Report Page Two
August 8, 2017 - Planning Commission Meeting

FINDINGS (VAR-71011)

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 a wall that
does not meet 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.


Code Enforcement opened Case #136992 for debris and waste
01/16/14
overflow at the subject site. The case remains open.

Most Recent Change of Ownership


12/10/13 A deed was recorded for a change in ownership.

CS
VAR-71077 [PRJ-71011]
Staff Report Page Three
August 8, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


There are no related building permits on file.

Pre-Application Meeting
Staff conducted a pre-application meeting with the applicant where the
06/14/17
submittal requirements and deadlines were reviewed.

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

Field Check
06/29/17 Staff conducted a routine field check and found an undeveloped site.

Details of Application Request


Site Area
Net Acres 1.31

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)
DR (Desert Rural R-E (Residence
North Undeveloped
Density Residential) Estates)
Single Family, DR (Desert Rural R-E (Residence
South
Detached Density Residential) Estates)
DR (Desert Rural R-E (Residence
East Undeveloped
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

CS
VAR-71077 [PRJ-71011]
Staff Report Page Four
August 8, 2017 - Planning Commission Meeting

Special Area and Overlay Districts Compliance


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

DEVELOPMENT STANDARDS

Pursuant to Title 19.06, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size 20,000 SF 57,036 SF Y
Min. Lot Width 100 Feet 171 Feet Y
8 FT
Screen Wall
4 FT
2 Feet Solid, 5 Feet Retaining
Max. Wall Height Maximum Wall N

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VAR-71077
VAR-71077 [PRJ-71011] - VARIANCE - APPLICANT/OWNER: HIMAWARI II, LLC
NORTHWEST CORNER OF EL PARQUE AVENUE AND CIMARRON ROAD
06/29/17
VAR-71077 [PRJ-71011] - VARIANCE - APPLICANT/OWNER: HIMAWARI II, LLC
NORTHWEST CORNER OF EL PARQUE AVENUE AND CIMARRON ROAD
06/29/17
Agenda Item No.: 40.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-71037 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: BOULEVARD
MEDICAL, LLC - OWNER: G-E 714, LLC - For possible action on a request for a Special Use
Permit FOR A PROPOSED 4,553 SQUARE-FOOT MARIJUANA CULTIVATION FACILITY
USE at 714 South 1st Street (APN 139-34-310-015), C-M (Commercial/Industrial) Zone, Ward 3
(Coffin) [PRJ-70877]. Staff recommends APPROVAL.

C.C.: 9/20/2017

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. Location and Aerial Maps - SUP-71037 and SUP-71038 [PRJ-70877]
2. Special Map
3. Conditions and Staff Report - SUP-71037 and SUP-71038 [PRJ-70877]
4. Supporting Documentation - SUP-71037 and SUP-71038 [PRJ-70877]
5. Photo(s) - SUP-71037 and SUP-71038 [PRJ-70877]
6. Justification Letter - SUP-71037 and SUP-71038 [PRJ-70877]
SUP-71037 and SUP-71038 [PRJ-70877]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: AUGUST 8, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: BOULEVARD MEDICAL, LLC - OWNER: G-E
714, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL

SUP-71037 Staff recommends APPROVAL, subject to conditions:

SUP-71038 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 30

NOTICES MAILED 935

PROTESTS 0

APPROVALS 0

PB
SUP-71037 and SUP-71038 [PRJ-70877]
Conditions Page One
August 8, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71037 CONDITIONS

Planning

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


Marijuana Cultivation Facility use.

2. This approval shall be void 18 months 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. All City Code requirements and design standards of all City departments must be
satisfied, except as modified herein.

Public Works

SUP-71038 CONDITIONS

Planning

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


Marijuana Production Facility use.

2. This approval shall be void 18 months 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.

PB
SUP-71037 and SUP-71038 [PRJ-70877]
Conditions Page Two
August 8, 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, as well as submitted as part of any business license
application.

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

PB
SUP-71037 and SUP-71038 [PRJ-70877]
Staff Report Page One
August 8, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to operate a Marijuana Cultivation Facility and a Marijuana


Production Facility in an existing structure at 714 S. 1st Street.

ISSUES
x A Marijuana Cultivation Facility is permitted in the C-M (Commercial/Industrial)
zoning district with the approval of a Special Use Permit (SUP-71037). Staff
supports this request.
x A Marijuana Production Facility is permitted in the C-M (Commercial/Industrial)
zoning district with the approval of a Special Use Permit. Staff supports this
request.
x The City Council approved similar Special Use Permits (SUP-55219 & SUP-
55220) for Medical Marijuana Production and Cultivation uses at 2900 Highland
Drive for this applicant on 03/04/15. Those Special Use Permits have expired.
x The applicant requested approval of a business license and compliance permits
for those uses, but those applications expired when they were tabled by the City
Council on 08/17/16 and were never brought back onto an agenda.
x The Business License Division of the Department of Planning has not opened up
an application period for marijuana production or cultivation licenses, nor does the
applicant have an active compliance permit for the proposed uses.

ANALYSIS

The subject site is located at 714 S. 1st Street, is zoned C-M (Commercial/Industrial)
and has a MXU (Mixed Use) land use designation. The site is developed with an
existing building that is proposed to be reused with internal modification and no
expansion of the net floor area. As the site is located in the Downtown Centennial Plan,
that plans threshold document considers this level of work to not require a Site
Development Plan Review application.

However, the Las Vegas Valley Watershed District commented that while the site is
currently served by LVVWD water; that a backflow preventer would be required and the
service may need to be upgraded. The applicant was informed of this requirement, and
that all utility installations must be done on private property, not in the right of way or
amenity zone per the Downtown Centennial Plan standards.

PB
SUP-71037 and SUP-71038 [PRJ-70877]
Staff Report Page Two
August 8, 2017 - Planning Commission Meeting

A Marijuana Cultivation Facility is allowed in the C-M (Commercial/Industrial) zoning


district with the approval of a Special Use Permit.

The Marijuana Cultivation Facility use is defined as An enclosed structure which


cultivates, delivers, transfers, transports, supplies, or sells marijuana to marijuana
dispensaries or marijuana production facilities. This use includes a cultivation facility,
as defined in NRS 453A.056 and a marijuana cultivation facility as defined in NRS
453D.030. The proposed use meets the definition as they will be required to apply for
a Marijuana Cultivation Facility license to operate on the site.

The Minimum Special Use Permit Requirements for this use include:

1. Pursuant to its general authority to regulate the cultivation, production,


dispensing, and sale of marijuana, the City Council declares that the public
health, safety and general welfare of the City are best promoted and protected by
generally requiring a minimum separation between marijuana cultivation facilities
and certain other uses that should be protected from the impacts associated with
a marijuana cultivation facility. Therefore, except as otherwise provided below, no
marijuana cultivation facility may be located within 1000 feet of any school. or
within 300 feet of any of the following uses:
a. City park;
b. Church/house of worship;
c. Individual care - family home, individual care - group home, or individual care
center (in each case licensed for the care of children);
d. Community recreational facility (public); or
e. Any use whose primary function is to provide recreational opportunities to
minors. Such uses include without limitation commercial
recreation/amusement (indoor or outdoor); library, art gallery or museum
(public); teen dance center; and martial arts studio that provides instruction to
minors.

The applicant has submitted a survey that indicates the required separation.

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 marijuana cultivation facility 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 marijuana cultivation
facility. The distance shall be measured in a straight line without regard to
intervening obstacles.

PB
SUP-71037 and SUP-71038 [PRJ-70877]
Staff Report Page Three
August 8, 2017 - Planning Commission Meeting

The applicant has submitted survey that conforms to the measurement


requirements.
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 marijuana cultivation facility 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; and
B. The proposed marijuana cultivation facility 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 marijuana cultivation facility will be located.

The applicant has submitted a survey that conforms to the measurement


requirements.

4. When a marijuana cultivation facility authorized pursuant to NRS Chapter


453D (the "Chapter 453D facility") is proposed to be located within a cultivation
facility that is authorized pursuant to NRS Chapter 453A (the "Chapter 453A
facility"), and the Chapter 453A facility has obtained special use permit approval
as of July 1, 2017, the applicable distance separation requirements under
Requirement 1 for the proposed Chapter 453D facility shall be those that were in
effect at the time of special use permit approval for the Chapter 453A facility. A
Chapter 453D facility that has received special use permit approval,
either pursuant to a new special use permit or by means of a review of conditions
under an existing special use permit, shall be deemed a conforming use for
purposes of this Title.

This application does not include a facility that was previously approved or
licensed.

5. The use shall conform to, and is subject to, the provisions of LVMC Title 6, as
they presently exist and may be hereafter amended.

PB
SUP-71037 and SUP-71038 [PRJ-70877]
Staff Report Page Four
August 8, 2017 - Planning Commission Meeting

The applicant will be required to obtain a business license prior to any operations
at the site, which will assure ongoing compliance with LVMC Title 6.

6. No outside storage shall be permitted, including the use of shipping containers


for on-site storage.

The site plan submitted does not include any outside storage, and continued
compliance with this condition will be assured through regular business license
inspection.

7. An air filtration system to be designed by a Nevada licensed engineer shall be


provided prior to the issuance of a certificate of occupancy.

Compliance with this condition will be assured through the business license
process.

8. Signage for the establishment shall be limited to one wall sign per street
frontage, the face of the sign not to exceed thirty square feet in area and not to
exceed two feet in height. Such a sign shall be internally illuminated, with the use
of neon prohibited.

The applicant will be required to obtain a sign permit for any signage proposed,
and compliance with this condition will be obtained through the sign permit
review process.

9. The Special Use Permit shall be void without further action if the uses ceases for
a period exceeding 90 days.

Compliance with this condition will be assured through the business license
process.

10. A marijuana cultivation facility shall obtain all required approvals from the State
of Nevada to operate such a facility prior to the Special Use Permit being
exercised pursuant to LVMC 19.16.110.

Compliance with this condition will be assured through the business license
process.

11. The use may not be located under the same roof as another use, except a
marijuana cultivation facility, marijuana dispensary or marijuana production
facility.

PB
SUP-71037 and SUP-71038 [PRJ-70877]
Staff Report Page Five
August 8, 2017 - Planning Commission Meeting

The applicant is proposing to collocate this facility with a marijuana production


facility, but no other proposed uses.

A Marijuana Production Facility is allowed in the C-M (Commercial/Industrial) zoning


district with the approval of a Special Use Permit.

The Marijuana Production Facility use is defined as An enclosed structure which


acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells
edible marijuana products or marijuana-infused products to marijuana dispensaries.
This use includes a facility for the production of edible marijuana products or
marijuana-infused products, as defined in NRS 453A.105 and a marijuana product
manufacturing facility as defined in NRS 453D.030. The proposed use meets the
definition as they will be required to apply for a Marijuana Production Facility license to
operate on the site.

The Minimum Special Use Permit Requirements for this use include:

1. Pursuant to its general authority to regulate the cultivation, production,


dispensing, and sale of marijuana, the City Council declares that the public
health, safety and general welfare of the City are best promoted and protected by
generally requiring a minimum separation between a marijuana production facility
and certain other uses that should be protected from the impacts associated with
a marijuana production facility. Therefore, except as otherwise provided below,
no marijuana production facility may be located within 1000 feet of any school, or
within 300 feet of any of the following uses:
a. City park;
b. Church/house of worship;
c. Individual care - family home, individual care - group home, or individual care
center (in each case licensed for the care of children);
d. Community recreational facility (public); or
e. Any use whose primary function is to provide recreational opportunities to
minors. Such uses include without limitation commercial
recreation/amusement (indoor or outdoor); library, art gallery or museum
(public); teen dance center; and martial arts studio that provides instruction to
minors.

The applicant has submitted a survey that indicates the required separation.

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 marijuana production facility which is closest to the

PB
SUP-71037 and SUP-71038 [PRJ-70877]
Staff Report Page Six
August 8, 2017 - Planning Commission Meeting

existing use to which the measurement pertains, and the other being the property
line of that existing use which is closest to the proposed marijuana production
facility. The distance shall be measured in a straight line without regard to
intervening obstacles.

The applicant has submitted a survey that conforms to the measurement


requirements.

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 marijuana production facility refers to:
i. The property line of a parcel that has been created by an approved and
recorded parcel map or commercial subdivision map; or
ii. The property line of a parcel that is located within an approved and
recorded commercial subdivision and that has been created by a record of
survey or legal description, if:
A. Using the property line of that parcel for the purpose of measuring the
distance separation referred to in Requirement 1 would qualify the
parcel under the distance separation requirement;
B. The proposed marijuana production facility 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 marijuana production facility will be located;

The applicant has submitted a survey that conforms to the measurement


requirements.

4. When a marijuana product manufacturing facility authorized pursuant to NRS


Chapter 453D (the "Chapter 453D facility") is proposed to be located within a
medical marijuana production facility that is authorized pursuant to NRS Chapter
453A (the "Chapter 453A facility"), and the Chapter 453A facility has obtained
special use permit approval as of July 1, 2017, the applicable distance
separation requirements under Requirement 1 for the proposed Chapter 453D
facility shall be those that were in effect at the time of special use permit
approval for the Chapter 453A facility. A Chapter 453D facility that has
received special use permit approval, either pursuant to a new special use
permit or by means of a review of conditions under an existing special use
permit, shall be deemed a conforming use for purposes of this Title.

PB
SUP-71037 and SUP-71038 [PRJ-70877]
Staff Report Page Seven
August 8, 2017 - Planning Commission Meeting

This application does not include a facility that was previously approved or
licensed.

5. The use shall conform to, and is subject to, the provisions of LVMC Title 6, as
they presently exist and may be hereafter amended.

The applicant will be required to obtain a business license prior to any operations
at the site, which will assure ongoing compliance with LVMC Title 6.

6. No outside storage shall be permitted, including the use of shipping containers


for on-site storage.

The site plan submitted does not include any outside storage, and continued
compliance with this condition will be assured through regular business license
inspection.

7. An air filtration system to be designed by a Nevada licensed engineer shall be


provided prior to the issuance of a certificate of occupancy.

Compliance with this condition will be assured through the business license
process.

8. Distillation or extraction by combustible solvent is prohibited.

Compliance with this condition will be assured through the business license
process.

9. Signage for the establishment shall be limited to one wall sign per street
frontage, the face of the sign not to exceed thirty square feet in area and not to
exceed two feet in height. Such a sign shall be internally illuminated, with the
use of neon prohibited.

The applicant will be required to obtain a sign permit for any signage proposed,
and compliance with this condition will be obtained through the sign permit
review process.

10. The Special Use Permit shall be void without further action if the uses ceases
for a period exceeding 90 days.

Compliance with this condition will be assured through the business license
process.

PB
SUP-71037 and SUP-71038 [PRJ-70877]
Staff Report Page Eight
August 8, 2017 - Planning Commission Meeting

11. A marijuana production facility shall obtain all required approvals from the State
of Nevada to operate such a facility prior to the Special Use Permit being
exercised pursuant to LVMC 19.16.110.

Compliance with this condition will be assured through the business license
process.

12. The use may not be located under the same roof as another use, except a
marijuana cultivation facility, marijuana dispensary or marijuana production
facility.

The applicant is proposing to collocate this facility with a marijuana cultivation


facility, but no other proposed uses.

The proposed marijuana cultivation and production facilities meet the minimum
requirements of the respective uses including the distance separation requirements
from protected uses. The site is also located in a C-M (Commercial/Industrial) zoning
district which is intended to provide a variety of business, warehouse, office and limited
industrial uses. Staff finds the subject site to be suitable and the uses to be compatible
with surrounding uses, and therefore recommends approval.

FINDINGS (SUP-71037)

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 Marijuana Cultivation Facility complies with all of the special use
requirements of Title 19.12 and is a permitted use within the C-M
(Commercial/Industrial) zoning district. Ongoing licensing requirements and
inspections will assure compatibility with surrounding land uses.

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

The subject site is already developed with a structure that will be reused for the
proposed uses.

PB
SUP-71037 and SUP-71038 [PRJ-70877]
Staff Report Page Nine
August 8, 2017 - Planning Commission Meeting

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


adequate in size to meet the requirements of the proposed use.

The proposed Marijuana Cultivation Facility is a light industrial use and the
surrounding street network is sufficient to provide access to the use.

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

The special use permit requirements will be enforced through ongoing business
license review and inspection, and will assure consistency with the goals of public
health, safety and welfare.

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

The applicant has submitted documentation to show compliance with the special
use permit requirements, and ongoing business license review and inspection will
assure compliance during operation.

FINDINGS (SUP-71038)

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 Marijuana Production Facility complies with all of the special use
requirements of Title 19.12 and is a permitted use within the C-M
(Commercial/Industrial) zoning district. Ongoing licensing requirements and
inspections will assure compatibility with surrounding land uses.

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

The subject site is already developed with a structure that will be reused for the
proposed uses.

PB
SUP-71037 and SUP-71038 [PRJ-70877]
Staff Report Page Ten
August 8, 2017 - Planning Commission Meeting

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


adequate in size to meet the requirements of the proposed use.

The proposed Marijuana Production Facility is a light industrial use and the
surrounding street network is sufficient to provide access to the use.

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

The special use permit requirements will be enforced through ongoing business
license review and inspection, and will assure consistency with the goals of public
health, safety and welfare.

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

The applicant has submitted documentation to show compliance with the special
use permit requirements, and ongoing business license review and inspection will
assure compliance during operation.

BACKGROUND INFORMATION

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


The City Council approved a Rezoning (Z-0100-64) on the subject site
12/10/64
as part of a larger request.

Most Recent Change of Ownership


11/25/14 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


Clark County records indicate this as the year of construction for the
1954
existing structure on the site.
A business license (M05-00116) for Light Manufacturing was issued.
05/21/99
The license was marked inactive on 07/27/15.
A business license (C25-03224) for a Contractor was issued. The
09/27/04
license was marked inactive on 07/27/15.
A business license (M05-00124) for a Machine Shop was issued. The
06/08/11
license was marked inactive on 04/30/15.

PB
SUP-71037 and SUP-71038 [PRJ-70877]
Staff Report Page Eleven
August 8, 2017 - Planning Commission Meeting

Pre-Application Meeting
Staff held a preapplication meeting with the applicant, going over the
submittal requirements for a Special Use Permit. The Business
Licensing division also informed the applicant that there was not an
06/22/17 application period for the business license to operate these uses at
this time. Staff also informed the applicant that the previous business
license application and compliance permit made by this applicant were
no longer active.

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

Field Check
Staff completed a routine site visit, noting a vacant
06/29/17
commercial/industrial structure on the site.

Details of Application Request


Site Area
Net Acres 0.25

Planned or
Surrounding Existing Land Use Existing Zoning
Special Land Use
Property Per Title 19.12 District
Designation
Subject Commercial/Industrial C-M (Commercial /
MXU (Mixed Use)
Property Building - Vacant Industrial)
Single Family C-M (Commercial /
North C (Commercial)
Dwelling Industrial)
MXU (Mixed Use) C-M (Commercial /
South Taxi Yard
Industrial)
MXU (Mixed Use) C-M (Commercial /
East Undeveloped
Industrial)
West Utility Installation PF (Public Facility) C-V (Civic)

Master and Neighborhood Plan Areas Compliance


Live Work Overlay Y

PB
SUP-71037 and SUP-71038 [PRJ-70877]
Staff Report Page Twelve
August 8, 2017 - Planning Commission Meeting

Special Area and Overlay Districts Compliance


A-O (Airport Overlay) District Y
DCP-O (Downtown Centennial Plan 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 Street Width with Street
Document
of Street(s) (Feet) Section
Planned Streets and
1st Street Collector Street 80 Y
Highways Map

Parking Requirement - Downtown


Gross Floor Base Parking Requirement Provided Compliance
Area or Parking Parking
Use Parking
Number of Ratio Handi- Handi-
Regular Regular
Units capped capped
Marijuana
Cultivation 4,553 sf 1/500 sf 10
Facility
Marijuana
1/1,000
Production 1,819 sf 2
sf
Facility
TOTAL SPACES REQUIRED 12 0 *N
Regular and Handicap Spaces Required 11 1 0 0 *N
Loading
1 0 *N
Spaces
* Projects located within the Las Vegas Downtown Centennial Plan area are not subject to
the automatic application of parking requirements. However, the above table should be
used to illustrate the requirements of an analogous project in another location in the City.

PB
SUP-71037



SUP-71037

SUP-71037


SUP-71037

SUP-71037

SUP-71037 and SUP-71038



SUP-71037 and SUP-71038



SUP-71037 and SUP-71038



SUP-71037 and SUP-71038


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SUP-71037 and SUP-71038
SUP-71037 [PRJ-70877] - SPECIAL USE PERMIT RELATED TO SUP-71038 - APPLICANT: BOULEVARD MEDICAL,
LLC - OWNER: G-E 714, LLC
714 SOUTH 1ST STREET
06/29/17
Agenda Item No.: 41.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-71038 - SPECIAL USE PERMIT RELATED TO SUP-71037 - PUBLIC HEARING -
APPLICANT: BOULEVARD MEDICAL, LLC - OWNER: G-E 714, LLC - For possible action
on a request for a Special Use Permit FOR A PROPOSED 1,819 SQUARE-FOOT
MARIJUANA PRODUCTION FACILITY USE at 714 South 1st Street (APN 139-34-310-015),
C-M (Commercial/Industrial) Zone, Ward 3 (Coffin) [PRJ-70877]. Staff recommends
APPROVAL.

C.C.: 9/20/2017

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. Special Map
3. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
SUP-71038



SUP-71038

SUP-71038


SUP-71038

SUP-71038
Agenda Item No.: 42.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-70970 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: DAVID
T. & EMILY J. BURGGRAF - For possible action on a request for a Special Use Permit FOR A
COMMUNITY RESIDENCE WITH A 300-FOOT DISTANCE SEPARATION FROM A
SIMILAR USE WHERE 660 FEET IS REQUIRED at 1516 Winwood Street (APN 138-25-115-
030), R-1 (Single Family Residential) Zone, Ward 5 (Barlow) [PRJ-70968]. Staff recommends
APPROVAL.

MAY GO TO CITY COUNCIL ON 9/20/2017


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
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
SUP-70970 [PRJ-70968]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: AUGUST 8, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: DAVID T. & EMILY J. BURGGRAF

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-70970 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 16

NOTICES MAILED 436

PROTESTS 0

APPROVALS 0

NE
SUP-70970 [PRJ-70968]
Conditions Page One
August 8, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-70970 CONDITIONS

Planning

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


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

NE
SUP-70970 [PRJ-70968]
Staff Report Page One
August 8, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Special Use Permit for a Community Residence to be located at
1516 Winwood Street

ISSUES

x Conditional Use Regulation Number One (1) for a Community Residence use
states, a Community Residence may not be located closer than 660 feet to any
other Community Residence. The proposed site is approximately 300 feet away
from another Community Residence.

ANALYSIS

The applicant has proposed a Community Residence for 1516 Winwood Street, which is
a 2,345 square-foot single family residence zoned R-1 (Single Family Residential).
Located within an established residential neighborhood, the subject residence is a four-
bedroom, three-bath, single-story, detached residential home.

A Community Residence is a Conditional use in the R-1 (Single Family Residential)


zoning district. Conditional Use Regulation number one (1) requires:

a Community Residence may not be located closer than 660 feet to any other
Community Residence (measured from property line to property line).

The proposed site is approximately 300 feet away from an existing Community
Residence to the north of the subject site, separated by an 80-foot right-of-way (Vegas
Drive). The proposed Community Residence will not be located on the same block or
adjoining blocks, and will not alter the residential nature of the existing neighborhood;
therefore, staff is recommending approval of this request.

Title 19.12 defines the Community Residence use as A residential family-like living
arrangement for 5 to 10 unrelated individuals with disabilities who are in need of the
mutual support furnished by other residents, as well as the support services, if any,
provided by the operator of the Community Residence. Residents may be self-
governing or supervised by a sponsoring entity or its staff which furnishes habilitative or

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SUP-70970 [PRJ-70968]
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August 8, 2017 - Planning Commission Meeting

rehabilitative services related to the needs of the residents. Interrelationships among


residents are an essential component of a Community Residence. A Community
Residence shall be considered a residential use of property for purposes of all zoning
and building codes. However, the Fire Marshal, pursuant to and consistent with the
Citys Fire Code, may require enhanced fire protection, including the installation of fire
sprinklers and other mitigating measures, where one or more residents has a lessened
ability to ambulate adequately. The use includes a Family Community Residence and a
Transitional Community Residence, but does not include any of the following:

1. Senior Citizen Apartment;


2. Individual Care Center;
3. Convalescent Care Facility/Nursing Home;
4. Facility for Transitional Living for Released Offenders;
5. Facility to Provide Testing, Treatment, or Counseling for Drug and Alcohol Abuse;
6. Hospice;
7. Sex Offender Counseling Facility;
8. Boarding House or Rooming House;
9. Any other group living arrangement for unrelated individuals who are not disabled; or
10. Any of the following, as defined by NRS Chapter 449:
a. Facilities for the Treatment of Drug and Alcohol Abuse;
b. Modified Medical Detoxification Facilities;
c. Transitional Living Facilities for Released Offenders;
d. Facility for the Treatment of Narcotics; or
e. Community Triage Center.

The Conditional Use Regulations for this use include:

1. Regulation 1: Except as otherwise provided in Regulations 2 and 3, a Community


Residence may not be located closer than 660 feet to any other Community
Residence (measured from property line to property line).

The proposed use does not meet this regulation as there is an existing
Community Residence on the north side of Vegas Drive, approximately 300 feet
away when measured parcel line to parcel line. Since the existing and proposed
Community Residences are separated by an 80-foot wide right-of-way and not
located on the same block, staff is recommending approval of this request.

2. Regulation 2: Where there is a street, freeway or drainage channel at least 100


feet wide between the proposed Community Residence and an existing
Community Residence, the minimum separation requirement is reduced to 100
feet from property line to property line.

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August 8, 2017 - Planning Commission Meeting

This regulation is not applicable.

3. Regulation 3: When the population of proposed Community Residence is of such


a nature that its location must be kept confidential for it to function successfully,
such as a Community Residence for victims of domestic abuse, the minimum
separation requirements set forth in Regulations 1 and 2 above shall not apply.

This regulation is not applicable.

4. Regulation 4: A maximum of 2 persons who function as facility operator or


support staff may reside in a Community Residence without being counted
toward the 10-resident limit established for that use. Resident operator/support
staff in excess of 2 shall be counter toward the 10-person limit.

The applicant has proposed one to two staff members onsite for the anticipated
seven residents.

5. Regulation 5: A Community Residence shall comply with all public health and
safety requirements including all Building and Fire Code requirements for the
dwelling type in question.

This is a Condition of Approval, and will be enforced as such.

6. Regulation 6: In Federal or State law or regulations require the proposed


Community Residence to be licensed or certified, then the applicant must obtain
that required license or certification before commencing operation of the
Community Residence.

This is a Condition of Approval, and will be enforced as such.

7. When located in an O, C-1 or C-2 Zoning District, a Community Residence may


not be established unless it is part of a mixed use development.

This Condition of Approval is not applicable as the subject site is zoned R-


1(Single Family Residential).

8. The operator of the Transitional Community Residence:


a. Must require residents to be actively and continuously enrolled in
an offsite support program, including without limitation Alcoholics
Anonymous or an equivalent program, or

NE
SUP-70970 [PRJ-70968]
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August 8, 2017 - Planning Commission Meeting

b. Must prohibit the use of alcohol and illegal drugs by residents; and
c. Upon request and with reasonable notice, must produce evidence
satisfactory to the Director or the Code Enforcement Manager
residents are in compliance with this Regulation.
This Conditional Use Regulation does not apply at this time as the applicant has
proposed this facility for an elderly clientele.

9. Occupancy within a Community Residence shall not be made available to any


individual whose tenancy would constitute a direct threat to the health and safety
of individuals or would result in substantial physical damage to the property of
others. The fact that a person is sentenced or referred to a Transitional
Community Residence by a judge does not, without other evidence of a persons
actual danger to other persons or property, establish that the person is a direct
threat to the health and safety of others.

This is a Condition of Approval, and will be enforced as such.

10. The Community Residence must be consistent with the scale and architectural
character of the neighborhood.

The proposed site is an existing single family residence and no alterations to the
exterior of the residence have been proposed that would change the character of
the existing residence. The subject site will maintain its residential character and
scale that mimics the surrounding area.

11. The Special Use Permit provisions of LVMC 19.12.040(B) shall not apply to
Regulations 5 through 10 above.

The proposed land use is not proposed as an accessory land use to the principle
dwelling and is not applicable.

12. In case of a Special Use Permit application that is filed as a consequence of not
qualifying for conditional use treatment under Regulations 1 and 2 above, the
application must be approved unless the Planning Commission or City Council
determines that one or more of the following conditions would occur:
a. The building to be occupied as a Community Residence would be
established or modified in a manner that would make it inconsistent
with the scale and architectural character of the neighborhood.

The applicant has proposed no alterations to the exterior of the


existing single family residence, and will remain consistent with the
scale and architectural character of the neighborhood.

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b. The proposed Community Residence, together with existing


Community Residences, would alter the residential character of the
neighborhood by creating an institutional atmosphere due to the
concentration of the Community Residences on a block or adjoining
blocks; or

The proposed Community Residence will not create an institutional


atmosphere as the subject site will maintain its residential character
as no alterations to the exterior of the existing single family
residence have been proposed. In addition, the existing Community
Residence located approximately 300 feet away from the proposed
site is separated by an 80-foot wide right-of-way and will not be
located on the same block or adjoining blocks.

c. The application or Community Residence does not or would not


comply with Regulations 5 through 10 above.

The proposed Community Residence does meet Regulations 5


through 10; therefore, staff is recommending approval.

FINDINGS (SUP-70970)

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 is a family-like living arrangement proposed for an existing
single-family residence located within an established residential neighborhood.
The proposed land use can be conducted in a manner that is harmonious and
compatible with the existing surrounding neighborhood.

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

The subject site is an existing 2,345 square-foot single family residence located
with an existing residential neighborhood. The proposed land use is a family-like
living arrangement for five to ten unrelated individuals with disabilities who are in
need of the mutual support furnished by other residents, as well as the support
services, if any, provided by the operator of the Community Residence. The
subject site is physically suited for the proposed Community Residence.

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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.

Winwood Street is a 48-foot wide Local Street designed to carry residential traffic
between minor and major collectors (Vegas Drive), and is adequate in size to
meet the requirements of the proposed Community Residence which is a
residential family-like living arrangement.

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 requested Special Use Permit for a Community Residence will not
compromise the public health, safety, and welfare as Condition Number Five (5)
states, A Community Residence shall comply with all public health and safety
requirements including all Building and Fire Code requirements for the dwelling
type in question. Not complying with this or any of the Conditions of Approval set
forth by Title 19.12 may result in the revocation of the Special Use Permit.

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

The proposed Community Residence does not meet Condition Number One (1) of
Title 19.12 which states, a Community Residence may not be located closer than
660 feet to any other Community Residence. The subject site is located
approximately 300 feet away from another Community Residence. Since the
subject site is not able to meet this condition, a Special Use Permit is required.
Staff supports this request for a Special Use Permit as the proposed site is
separated by an 80-foot right-of-way (Vegas Drive) and will not alter the
residential character of the area.

BACKGROUND INFORMATION

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


There are no relevant City actions for the subject site.

Most Recent Change of Ownership


06/08/17 A deed was recorded for a change in ownership.

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Related Building Permits/Business Licenses


Civil Improvement Plans (#18123) were approved for a single family
01/08/07 residence at 1516 Winwood Street. The permit received its final
inspection on 03/07/07.
A building permit (#97701) was issued for a fire sprinkler system at
09/25/07 1516 Winwood Street. The permit received its final inspection on
05/13/08.
A building permit (#104221) was issued for a retainer and screen wall
12/17/07 at 1516 Winwood Street. The permit received its final inspection on
04/29/08.
A building permit (#26991) was issued for on-site power service for a
03/13/08 single family residence at 1516 Winwood Street. The permit received
its final inspection on 04/29/08.

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
06/06/17
requirements for a Special Use Permit were discussed.

Neighborhood Meeting
The applicant conducted a voluntary neighborhood meeting at the
Mirabelli Community Center, 6200 Hargrove Avenue, Las Vegas,
06/29/17
Nevada 89107 at 6:15 p.m. Due to the meeting being voluntary, staff
from the Planning Department was not in attendance.

Field Check
During a routine field check, staff observed a well maintained single
06/29/17
family residence in an established residential 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 Single Family, L (Low Density R-1 (Single Family
Property Detached Residential) Residential)

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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
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

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Winwood Street Local Title 13 48 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 Parking
Number of
Units Ratio Residential Residential
2 Spaces
Community per
2,345 SF 2
Residence Dwelling
unit.
TOTAL PARKING SPACES REQUIRED 2 3 Y

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SUP-70970
SUP-70970 [PRJ-70968] - SPECIAL USE PERMIT - APPLICANT/OWNER: DAVID T. & EMILY J. BURGGRAF
1516 WINWOOD STREET
06/29/17
Agenda Item No.: 43.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING Consent Discussion

SUBJECT:
SUP-71079 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: PAINT PARTY
NIGHT, LLC - OWNER: BUFFALO ALTA CENTER, LLC - For possible action on a request
for a Special Use Permit FOR A PROPOSED 1,316 SQUARE-FOOT BEER/WINE/COOLER
ON-SALE ESTABLISHMENT USE WITHIN AN EXISTING GENERAL PERSONAL
SERVICE (INSTRUCTIONAL ARTS STUDIO) WITH A 362-FOOT DISTANCE
SEPARATION FROM AN EXISTING SCHOOL WHERE 400 FEET IS REQUIRED at 450
South Buffalo Drive, Suite #109 (APN 138-34-201-001), C-1 (Limited Commercial) Zone, Ward
1 (Tarkanian) [PRJ-71054]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 9/20/2017


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 APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location, Aerial and Special Map
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcards
SUP-71079 [PRJ-71054]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: AUGUST 8, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: PAINT PARTY NIGHT, LLC - OWNER:
BUFFALO ALTA CENTER, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71079 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 37

NOTICES MAILED 874

PROTESTS 2

APPROVALS 0

SS
SUP-71079 [PRJ-71054]
Conditions Page One
August 8, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71079 CONDITIONS

Planning

1. Conformance to the approved conditions for Rezoning (Z-0008-70) and Site


Development Plan Review [Z-0008-70(2)].

2. All signage shall be permitted and meet minimum code requirements within 30
days of final approval.

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

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

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

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

7. This business shall operate in conformance to Chapter 6.50 of the City of Las
Vegas Municipal Code.

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

SS
SUP-71079 [PRJ-71054]
Staff Report Page One
August 8, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

Beer and wine is proposed to be offered to patrons of an existing instructional arts


studio at 450 South Buffalo Drive, Suite #109. The tenant space is located within an
established 28,145 square-foot shopping center. A Special Use Permit is required, as
the parcel on which the use is located is within 400 feet of a school.

ISSUES

x A Beer/Wine/Cooler On-Sale Establishment use is permitted as a conditional use in


the C-1 (Limited Commercial) zoning district. In this particular case, the proposed
use cannot meet Conditional Use Regulation Number 1 with regard to the distance
separation from a school. Pursuant to Title 19.12.040, a Special Use Permit is
required. Staff recommends approval.

ANALYSIS

A Beer/Wine/Cooler On-Sale Establishment use is described in Tile 19.18 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
applicant intends to have a beer and wine room inside the existing tenant space where
the primary use is an instructional arts studio. Students would be able to consume the
beverages while painting or conducting other art-related activities. No packaged
beverages would be sold, thereby meeting this definition.

This use is conditional within a C-1 (Limited Commercial) zoning district in Title 19. The
Conditional Use Regulations for this use include:

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


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

The proposed use does not meet this requirement, as a school is located 362
feet west of the parcel where the Beer/Wine/Cooler On-Sale Establishment is
proposed to be located. As a result, a Special Use Permit must be approved in
order for the Applicant to obtain a business license for the use at this location.
Staff Report Page Two

SS
SUP-71079 [PRJ-71054]
August 8, 2017 - Planning Commission Meeting

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


Regulation 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 Regulation 1.

Separation distance has been measured from the property line of the parcel
located at the northeast corner of Alta Drive and Buffalo Drive to the property line
of the school located at 7701 Ducharme Avenue.

3. In the case of an establishment proposed to be located on a parcel of at least 80


acres in size, the minimum distances referred to in Requirement 1 shall be
measured in a straight line:

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

This requirement is not applicable, as the subject site is located on a 1.71-acre


parcel.

4. The minimum distance requirements in Regulation 1 do not apply to:


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

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SUP-71079 [PRJ-71054]
Staff Report Page Three
August 8, 2017 - Planning Commission Meeting

Neither condition applies to the proposed use; therefore, the proposed


Beer/Wine/Cooler On-Sale Establishment is subject to distance separation
requirements.

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

The proposed use will be subject to all business licensing requirements outlined
in LVMC Chapter 6.50 if approved.

The use is proposed to be located within a 1,316-square-foot tenant space within a


28,145 square-foot shopping center. The floor plan indicates that a 14 square-foot
mobile beverage cart would be stationed near the rear of the art studio, but presumably
could be moved anywhere within the tenant space. At present, a liquor caterer is
established in the shopping center, but the business services offsite events only. The
proposed establishment would be the first onsite alcohol provider in this development.
The shopping center parcel is located 362 feet east of a junior high school, but is
separated from the protected use by a 106-foot right-of-way (Buffalo Drive) and a
residential development. The shopping center also backs up to an existing residential
development, but has no direct access to this neighborhood.

As there is no direct access from the shopping center parcel to the school and there is
no concentration of alcohol-related uses in this area, the use can be conducted in a
manner that is harmonious and compatible with other commercial uses in the shopping
center and with the commercial and residential uses on adjacent properties. Staff
therefore recommends approval of a Special Use Permit for a Beer/Wine/Cooler On-
Sale Establishment at this location, subject to conditions. If denied, beer, wine or wine
coolers would not be allowed to be sold for consumption in the subject tenant space.

FINDINGS (SUP-71079)

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 use is located within an established shopping center with other compatible
uses and is separated from the existing primary school by a primary arterial
(Buffalo Drive) and a residential development. These are mitigating factors that
eliminate incompatibility with the surrounding land uses.

SS
SUP-71079 [PRJ-71054]
Staff Report Page Four
August 8, 2017 - Planning Commission Meeting

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

The subject shopping center site is physically suitable for a Beer/Wine/Cooler On-
Sale Establishment use. No additional parking is required beyond the existing
restaurant use.

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


adequate in size to meet the requirements of the proposed use.

The subject site receives access from Alta Drive, an 80-foot Major Collector and
Buffalo Drive, a 106-foot Primary Arterial as classified by the Master Plan of
Streets and Highways. Both roadways are adequate in size to accommodate the
proposed Beer/Wine/Cooler On-Sale Establishment use.

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

The proposed use will be subject to business license review and periodic
inspection, thereby safeguarding the public health, safety and general welfare.

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

The proposed Beer/Wine/Cooler On-Sale Establishment use does not meet


Conditional Use Regulation 1, which requires a 400-foot distance separation from
protected uses. A Special Use Permit is required.

BACKGROUND INFORMATION

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


The Board of City Commissioners approved a request for a Rezoning
(Z-0008-70) from R-E (Residence Estates) to C-1 (Limited
08/06/70
Commercial) at the northeast corner of Alta Drive and Buffalo Drive.
The Planning Commission recommended approval.
The Planning Commission approved a Plot Plan and Elevation Review
09/12/96 [Z-0008-70(2)] for a 27,900 square-foot shopping center at the
northeast corner of Alta Drive and Buffalo Drive.
A Code Enforcement inspection found that a church use was located
within 450 South Buffalo Drive, Suite #113. However, it was
04/12/11
determined that no Certificate of Occupancy had been issued for this
tenant space.

SS
SUP-71079 [PRJ-71054]
Staff Report Page Five
August 8, 2017 - Planning Commission Meeting

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


The City Council approved a request for a Special Use Permit (SUP-
42604) for a proposed Animal Hospital, Clinic or Shelter (With No
10/19/11 Outside Pens) within an existing 2,385 square-foot building at 490
South Buffalo Drive. The Planning Commission and staff
recommended approval of the request.

Most Recent Change of Ownership


06/30/15 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit was issued for a tenant improvement for a
08/22/11 Church/House of Worship at 450 South Buffalo Drive, Suite #113. The
permit expired 02/22/12 after no construction activity.
A privilege business license (P63-00064) was issued for an alcohol
beverage caterer at 450 South Buffalo Drive, Suite #103. The license
is still active.
03/11/15
A business license (L63-00067) was issued for an alcohol beverage
caterer at 450 South Buffalo Drive, Suite #103. The license is still
active.
A business license (G64-07926) was issued for an Instructional
11/22/16 Painting Service (Paint Party Night) at 450 South Buffalo Drive, Suite
#109. The license is still active.
A building permit (344031) was issued for a wall sign (Paint Party
06/06/17 Night) at 450 South Buffalo Drive, Suite #109. The permit has not
been finalized.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
06/22/17 submittal requirements for application of a Special Use Permit. No
major issues were discussed.

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

SS
SUP-71079 [PRJ-71054]
Staff Report Page Six
August 8, 2017 - Planning Commission Meeting

Field Check
The subject location is a tenant space within a corner shopping center.
A permanent wall sign for the Paint Party Night business appears to be
06/29/17 located on the tenant space at Suite #111, while a temporary sign is
located at the tenant space at Suite #109, which has limited visibility
from rights-of-way.

Details of Application Request


Site Area
Net Acres 1.71

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject SC (Service C-1 (Limited
Shopping Center
Property Commercial) Commercial)
Single Family, L (Low Density R-1 (Single Family
North
Detached Residential) Residential)
Car Wash, Self-
Service SC (Service C-1 (Limited
South
Auto Repair Commercial) Commercial)
Garage, Minor
Single Family, L (Low Density R-1 (Single Family
East
Detached 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
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

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Staff Report Page Seven
August 8, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to note the applicable code section here 19.08, the following standards
apply:
Standard Required/Allowed Provided Compliance
Min. Lot Size N/A 74,488 SF N/A
Min. Lot Width 100 Feet 255 Feet Y
Min. Setbacks
x Front 10 Feet 4 Feet N*
x Side 10 Feet 0 Feet N*
x Corner 10 Feet 6 Feet N*
x Rear 20 Feet 0 Feet N*
Max. Lot Coverage 50 % 38 % Y
*The buildings on the site are legally nonconforming with respect to the setbacks.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Alta Drive Major Collector Streets and 80 Y
Highways Map
Master Plan of
Buffalo Drive Primary Arterial Streets and 106 Y
Highways Map

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-
Units Ratio Regular Regular
capped capped
1 space
Shopping
28,145 SF per 250 113
Center
SF
TOTAL SPACES REQUIRED 113 90 N*
Regular and Handicap Spaces Required 108 5 85 5 N*
*This site has been deemed parking impaired pursuant to Title 19.18.030; no additional
parking is required as a result of this request.

SS
SUP-71079 [PRJ-71054]
Staff Report Page Eight
August 8, 2017 - Planning Commission Meeting

Waivers
Requirement Request Staff Recommendation
Maintain a distance
separation of 400 feet from
any Church/House of To allow a 362-foot distance
Worship, School, Individual separation from an existing Approval
Care Center licensed for school
more than 12 children or City
park.

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SUP-71079
SUP-71079 [PRJ-71054] - SPECIAL USE PERMIT - APPLICANT: PAINT PARTY NIGHT, LLC - OWNER: BUFFALO
ALTA CENTER, LLC
450 SOUTH BUFFALO DRIVE, SUITE #109
06/29/17
SUP-71079 [PRJ-71054] - SPECIAL USE PERMIT - APPLICANT: PAINT PARTY NIGHT, LLC - OWNER: BUFFALO
ALTA CENTER, LLC
450 SOUTH BUFFALO DRIVE, SUITE #109
06/29/17
Agenda Item No.: 44.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: AUGUST 8, 2017
DEPARTMENT: PLANNING
DIRECTOR: ROBERT SUMMERFIELD, ACTING

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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