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PLANNING COMMISSION AGENDA

COUNCIL CHAMBERS 495 SOUTH MAIN STREET PHONE 229-6011


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

LAS VEGAS CITY COUNCIL COMMISSIONERS

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


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

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

November 14, 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 November 14, 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
AND THE PLANNING COMMISSION WORKSHOP MEETING OF OCTOBER 10, 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 November 14, 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. TMP-71808 - TENTATIVE MAP - SKYE CANYON PARCEL 1.3 PHASE 2 - APPLICANT/OWNER:


WOODSIDE HOMES NEVADA, LLC - For possible action on a request for a Tentative Map FOR A 84-LOT SINGLE
FAMILY RESIDENTIAL SUBDIVISION on 15.41 acres on the northeast corner of Grand Teton Drive and Skye Village
Road (APN 125-07-410-004), T-D (Traditional Development) Zone [L (Residential Low) Kyle Canyon Land Use
Designation], Ward 6 (Fiore) [PRJ-71798]. Staff recommends APPROVAL.

8. VAR-71686 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES -


For possible action on a request for a Variance TO ALLOW A THREE-FOOT PERIMETER LANDSCAPE BUFFER ON
A PORTION OF THE WEST PROPERTY LINE WHERE EIGHT FEET IS REQUIRED AND ZERO PERIMETER
LANDSCAPE TREES WHERE FIVE TREES ARE REQUIRED on 11.94 acres at 1960 Ferrell Street (APNs 139-20-
301-002, 015 and 016), C-V (Civic) Zone, Ward 5 (Barlow) [PRJ-71577]. Staff recommends APPROVAL.

9. SDR-71687 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-71686 - PUBLIC HEARING -


APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES - For possible action on a request for a Site Development
Plan Review FOR A PROPOSED 30,184 SQUARE-FOOT ADDITION TO AN EXISTING 60,042 SQUARE-FOOT
PUBLIC OR PRIVATE SCHOOL, PRIMARY on 11.94 acres at 1960 Ferrell Street (APNs 139-20-301-002, 015 and
016), C-V (Civic) Zone, Ward 5 (Barlow) [PRJ-71577]. Staff recommends APPROVAL.

10. VAR-71760 - VARIANCE - PUBLIC HEARING - APPLICANT: CAREVANS, LLC - OWNER: LATULIPPE
TRUST - For possible action on a request for a Variance TO ALLOW A ZERO-FOOT SIDE YARD SETBACK ALONG
A PORTION OF THE SOUTH PROPERTY LINE WHERE 10 FEET IS REQUIRED on 0.64 acres on the west side of
Rancho Drive, approximately 215 feet north of Red Coach Avenue (APN 138-02-101-011), C-2 (General Commercial)
Zone, Ward 4 (Anthony) [PRJ-71702]. Staff recommends APPROVAL.

11. SUP-71759 - SPECIAL USE PERMIT RELATED TO VAR-71760 - PUBLIC HEARING - APPLICANT:
CAREVANS, LLC - OWNER: LATULIPPE TRUST - For possible action on a request for a Special Use Permit FOR
A PROPOSED DELIVERY AND SERVICE VEHICLE STORAGE FACILITY USE WITH A WAIVER TO ALLOW
THE REPAIR OR SERVICING OF VEHICLES WHERE SUCH IS NOT ALLOWED on the west side of Rancho Drive,
approximately 215 feet north of Red Coach Avenue (APN 138-02-101-011), C-2 (General Commercial) Zone, Ward 4
(Anthony) [PRJ-71702]. Staff recommends APPROVAL.

12. SDR-71761 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-71759 AND VAR-71760 - PUBLIC
HEARING - APPLICANT: CAREVANS, LLC - OWNER: LATULIPPE TRUST - For possible action on a request
for a Site Development Plan Review FOR A PROPOSED 2,104 SQUARE-FOOT DELIVERY AND VEHICLE
STORAGE FACILITY WITH WAIVERS TO ALLOW A FIVE-FOOT PERIMETER LANDSCAPE BUFFER ALONG
A PORTION OF THE NORTH AND SOUTH PROPERTY LINE WHERE EIGHT FEET IS REQUIRED, AND A
SEVEN-FOOT LANDSCAPE BUFFER ALONG A PORTION OF THE EAST PROPERTY LINE WHERE 15 FEET IS
REQUIRED on 0.64 acres on the west side of Rancho Drive, approximately 215 feet north of Red Coach Avenue (APN
138-02-101-011), C-2 (General Commercial) Zone, Ward 4 (Anthony) [PRJ-71702]. Staff recommends APPROVAL.

13. SUP-71786 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: MARCHE BACCHUS - OWNER:
WFT NV, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED 6,457 SQUARE-FOOT
RESTAURANT WITH ALCOHOL WITH 518 SQUARE-FOOT OF OUTDOOR SEATING AND A WAIVER TO
ALLOW A ZERO-FOOT DISTANCE SEPARATION FROM A RELIGIOUS FACILITY (SYNAGOGUE) WHERE 400
FEET IS REQUIRED at 2620 Regatta Drive, Suite #106 (APNs 138-16-717-003, 004 and 005), C-1 (Limited
Commercial) Zone, Ward 4 (Anthony) [PRJ-71218]. Staff recommends APPROVAL.

Planning Commission November 14, 2017 - Page 3


14. SDR-71787 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-71786 - PUBLIC HEARING -
APPLICANT: MARCHE BACCHUS - OWNER: WFT NV, LLC - For possible action on a request for a Site
Development Plan Review FOR A 2,863 SQUARE-FOOT BUILDING ADDITION TO AN EXISTING 70,144
SQUARE-FOOT SHOPPING CENTER on 4.58 acres at 2620 Regatta Drive, Suite #106 (APN Multiple), C-1 (Limited
Commercial) Zone, Ward 4 (Anthony) [PRJ-71218]. Staff recommends APPROVAL.

15. SUP-71921 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS -
For possible action on a request for Special Use Permit FOR AN ALTERNATIVE PARKING ANALYSIS TO ALLOW
36 PARKING SPACES WHERE 46 SPACES ARE REQUIRED FOR A PROPOSED GOVERNMENT FACILITY
(FIRE STATION) at 2645 West Washington Avenue (APN 139-29-702-003), C-1 (Limited Commercial) Zone, Ward 5
(Barlow) [PRJ-71580]. Staff recommends APPROVAL.

16. SDR-71773 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-71921 - PUBLIC HEARING -
APPLICANT/OWNER: CITY OF LAS VEGAS - For possible action on a request for a Site Development Plan Review
FOR A PROPOSED 13,513 SQUARE-FOOT GOVERNMENT FACILITY (FIRE STATION) WITH WAIVERS TO
ALLOW A TWO-FOOT PERIMETER LANDSCAPE BUFFER WIDTH ALONG PORTIONS OF THE EAST AND
WEST PROPERTY LINES WHERE EIGHT FEET IS REQUIRED, A TEN-FOOT PERIMETER LANDSCAPE
BUFFER WIDTH ALONG THE SOUTH PROPERTY LINE WHERE FIFTEEN FEET IS REQUIRED, A TWELVE-
FOOT PERIMETER LANDSCAPE BUFFER WIDTH ALONG THE NORTH PROPERTY LINE WHERE FIFTEEN
FEET IS REQUIRED, AND TO ALLOW SHADE STRUCTURES TO ENCROACH INTO THE REQUIRED
LANDSCAPE BUFFER AREA WHERE SUCH IS NOT ALLOWED at 2645 West Washington Avenue (APN 139-29-
702-003), C-1 (Limited Commercial) Zone, Ward 5 (Barlow) [PRJ-71580]. Staff recommends APPROVAL.

17. SUP-71648 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: EDWARD HOMES, INC. -
OWNER: CALIFORNIA LOFT PARTNERS, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED 2,157 SQUARE-FOOT BEER/WINE/COOLER OFF-SALE ESTABLISHMENT USE at 197 East
California Street, Suite #140 (APN 162-03-105-009), C-1 (Limited Commercial) Zone, Ward 3 (Coffin) [PRJ-71482].
Staff recommends APPROVAL.

18. SUP-71732 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: LARSA MARKET - OWNER:
BUFFALO ALTA CENTER, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED
1,541 SQUARE-FOOT BEER/WINE/COOLER OFF-SALE ESTABLISHMENT USE WITHIN AN EXISTING
GENERAL RETAIL USE (CONVENIENCE STORE) WITH A WAIVER TO ALLOW A 362-FOOT DISTANCE
SEPARATION FROM AN EXISTING SCHOOL WHERE 400 FEET IS REQUIRED at 450 South Buffalo Drive, Suite
#112 (APN 138-34-201-001), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ-71695]. Staff recommends
APPROVAL.

19. SDR-71691 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING - APPLICANT/OWNER: SCHOOL
BOARD OF TRUSTEES - For possible action on a request for a Site Development Plan Review FOR A PROPOSED
30,156 SQUARE-FOOT ADDITION TO AN EXISTING 62,305 SQUARE-FOOT PUBLIC OR PRIVATE SCHOOL,
PRIMARY on 9.11 acres at 2200 James Bilbray Drive (APN 138-23-101-001), C-V (Civic) Zone, Ward 5 (Barlow) [PRJ-
71662]. Staff recommends APPROVAL.

PUBLIC HEARING ITEMS


20. ABEYANCE - GPA-67883 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER:
DEBRA J. REOCH, ET AL - For possible action on a request for a General Plan Amendment FROM: DR (DESERT
RURAL DENSITY RESIDENTIAL) AND R (RURAL DENSITY RESIDENTIAL) TO: SC (SERVICE
COMMERCIAL) on 2.42 acres on the east side of Rainbow Boulevard, approximately 85 feet north of Ann Road (APNs
125-26-410-004 through 006), Ward 6 (Fiore) [PRJ-67774]. Staff recommends DENIAL.

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


APPLICANT/OWNER: DEBRA J. REOCH, ET AL - For possible action on a request for a Rezoning FROM: R-E
(RESIDENCE ESTATES) TO: C-1 (LIMITED COMMERCIAL) on 2.42 acres on the east side of Rainbow Boulevard,
approximately 85 feet north of Ann Road (APNs 125-26-410-004 through 006), Ward 6 (Fiore) [PRJ-67774]. Staff
recommends DENIAL.

Planning Commission November 14, 2017 - Page 4


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

23. ABEYANCE - VAR-71322 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: PLACIDO BUSTOS -


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

24. ABEYANCE - SUP-71431 - SPECIAL USE PERMIT RELATED TO GPA-71428 AND ZON-71429- PUBLIC
HEARING - APPLICANT/OWNER: FIRST PRESBYTERIAN CHURCH - For possible action on a request for a
Special Use Permit FOR A 56-FOOT TALL, 14-FOOT BY 48-FOOT, 672 SQUARE-FOOT OFF-PREMISE SIGN USE
at 1515 West Charleston Boulevard (APN 162-04-510-004), O (Office) Zone [PROPOSED: C-1 (Limited Commercial)],
Ward 1 (Tarkanian) [PRJ-71426]. Staff recommends DENIAL.

25. ABEYANCE - GPA-71525 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER:


MATLOCK HOLDINGS IV, LLC - For possible action on a request for a General Plan Amendment FROM: R
(RURAL DENSITY RESIDENTIAL) TO: ML (MEDIUM LOW DENSITY RESIDENTIAL) on 2.49 acres at 5097
Roberta Lane (APN 138-13-801-002), Ward 5 (Barlow) [PRJ-71479]. Staff recommends DENIAL.

26. ABEYANCE - ZON-71527 - REZONING RELATED TO GPA-71525 - PUBLIC HEARING -


APPLICANT/OWNER: MATLOCK HOLDINGS IV, LLC - For possible action on a request for a Rezoning FROM:
U (UNDEVELOPED) [R (RURAL DENSITY RESIDENTIAL) GENERAL PLAN DESIGNATION] TO: R-CL
(SINGLE FAMILY COMPACT-LOT) on 2.49 acres at 5097 Roberta Lane (APN 138-13-801-002), Ward 5 (Barlow)
[PRJ-71479]. Staff recommends DENIAL.

27. ABEYANCE - VAR-71607 - VARIANCE RELATED TO GPA-71525 AND ZON-71527 - ROBERTA & APRICOT
RESIDENTIAL SUBDIVISION - PUBLIC HEARING - APPLICANT/OWNER: MATLOCK HOLDINGS IV,
LLC - For possible action on a request for a Variance TO ALLOW A STUB STREET TERMINATION WHERE A CUL-
DE-SAC IS REQUIRED on 2.49 acres at 5097 Roberta Lane (APN 138-13-801-002), Ward 5 (Barlow) [PRJ-71479].
Staff recommends DENIAL.

28. ABEYANCE - TMP-71528 - TENTATIVE MAP RELATED TO GPA-71525, ZON-71527 AND VAR-71607 -
ROBERTA & APRICOT RESIDENTIAL SUBDIVISION - PUBLIC HEARING - APPLICANT/OWNER:
MATLOCK HOLDINGS IV, LLC - For possible action on a request for a Tentative Map FOR A PROPOSED 19-LOT
SINGLE FAMILY RESIDENTIAL SUBDIVISION on 2.49 acres at 5097 Roberta Lane (APN 138-13-801-002), Ward 5
(Barlow) [PRJ-71479]. Staff recommends DENIAL.

29. ABEYANCE - GPA-71561 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER:


CHARLESTON LAND, LLC - For possible action on a request for a General Plan Amendment FROM: O (OFFICE)
TO: SC (SERVICE COMMERCIAL) on 0.69 acres at the southwest corner of Charleston Boulevard and Westwood Drive
(APN Multiple), Ward 1 (Tarkanian) [PRJ-71491]. Staff recommends DENIAL.

30. ABEYANCE - ZON-71562 - REZONING RELATED TO GPA-71561 - PUBLIC HEARING -


APPLICANT/OWNER: CHARLESTON LAND, LLC - For possible action on a request for a Rezoning FROM: P-R
(PROFESSIONAL OFFICE AND PARKING) TO: C-1 (LIMITED COMMERCIAL) on 0.35 acres at the southwest
corner of Charleston Boulevard and Westwood Drive (APNs 162-04-110-016 and 162-04-111-001), Ward 1 (Tarkanian)
[PRJ-71491]. Staff recommends DENIAL.

31. VAR-71563 - VARIANCE RELATED TO GPA-71561 AND ZON-71562 - PUBLIC HEARING -


APPLICANT/OWNER: CHARLESTON LAND, LLC - For possible action on a request for a Variance TO ALLOW
32 PARKING SPACES WHERE 38 ARE REQUIRED on 0.69 acres at the southwest corner of Charleston Boulevard and
Westwood Drive (APNs Multiple), C-1 (Limited Commercial) and P-R (Professional Office and Parking) Zones
[PROPOSED: C-1 (Limited Commercial)], Ward 1 (Tarkanian) [PRJ-71491]. Staff recommends DENIAL.
Planning Commission November 14, 2017 - Page 5
32. SUP-71565 - REZONING RELATED TO GPA-71561, ZON-71562 AND VAR-71563 - PUBLIC HEARING -
APPLICANT/OWNER: CHARLESTON LAND, LLC - For possible action on a request for a Special Use Permit FOR
A PROPOSED DRIVE THROUGH USE at the southwest corner of Charleston Boulevard and Westwood Drive (APNs
Multiple), C-1 (Limited Commercial) and P-R (Professional Office and Parking) Zones [PROPOSED: C-1 (Limited
Commercial)], Ward 1 (Tarkanian) [PRJ-71491]. Staff recommends DENIAL.

33. SDR-71566 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-71561, ZON-71562, VAR-71563 AND
SUP-71565 - PUBLIC HEARING - APPLICANT/OWNER: CHARLESTON LAND, LLC - For possible action on a
request for a Site Development Plan Review FOR A PROPOSED 2,055 SQUARE-FOOT RESTAURANT WITH
WAIVERS FOR A TWO-FOOT WIDE PERIMETER LANDSCAPE BUFFER ALONG A PORTION OF THE EAST
PROPERTY LINE WHERE 15 FEET IS REQUIRED, AN EIGHT-FOOT WIDE PERIMETER LANDSCAPE BUFFER
ALONG A PORTION OF THE WEST PROPERTY LINE WHERE 15 FEET IS REQUIRED, A REDUCTION OF
PERIMETER TREES ALONG THE NORTH AND EAST PROPERTY LINES, AND TO ALLOW THE BUILDING TO
NOT BE ORIENTED TO THE CORNER AND STREET FRONTAGE WHERE SUCH IS REQUIRED on 0.69 acres at
the southwest corner of Charleston Boulevard and Westwood Drive (APNs Multiple), C-1 (Limited Commercial) and P-R
(Professional Office and Parking) Zones [PROPOSED: C-1 (Limited Commercial)] Ward 1 (Tarkanian) [PRJ-71491].
Staff recommends DENIAL.

34. ABEYANCE - GPA-71568 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER:


SHADOW LAND, LLC - For possible action on a request for a General Plan Amendment FROM: O (OFFICE) TO: SC
(SERVICE COMMERCIAL) on 3.27 acres at the southeast corner of Charleston Boulevard and Westwood Drive (APNs
162-04-111-016 through 018 and 162-04-112-005), Ward 1 (Tarkanian) [PRJ-71531]. Staff recommends DENIAL.

35. ABEYANCE - ZON-71569 - ZONING RELATED TO GPA-71568 - PUBLIC HEARING - APPLICANT/OWNER:


SHADOW LAND, LLC - For possible action on a request for a Rezoning FROM: R-4 (HIGH DENSITY
RESIDENTIAL), R-1 (SINGLE FAMILY RESIDENTIAL), AND R-E (RESIDENCE ESTATES) TO: C-1 (LIMITED
COMMERCIAL) on 3.27 acres at the southeast corner of Charleston Boulevard and Westwood Drive (APNs 162-04-111-
016 through 018 and 162-04-112-005), Ward 1 (Tarkanian) [PRJ-71531]. Staff recommends DENIAL.

36. VAR-71927 - VARIANCE RELATED TO GPA-71568 AND ZON-71569 - PUBLIC HEARING -


APPLICANT/OWNER: SHADOW LAND, LLC - For possible action on a request for a Variance TO ALLOW A 67-
FOOT WIDE LOT WIDTH WHERE 100 FEET IS THE MINIMUM REQUIRED FOR A PROPOSED C-1 (LIMITED
COMMERCIAL) LOT on 0.17 acres at 1109 Westwood Drive (APN 162-04-111-016), R-1 (Single Family Residential)
[PROPOSED: C-1 (Limited Commercial)], Ward 1 (Tarkanian) [PRJ-71531]. Staff recommends DENIAL.

37. VAR-71928 - VARIANCE RELATED TO GPA-71568, ZON-71569, AND VAR-71927 - PUBLIC HEARING -
APPLICANT/OWNER: SHADOW LAND, LLC - For possible action on a request for a Variance TO ALLOW A 67-
FOOT WIDE LOT WIDTH WHERE 100 FEET IS THE MINIMUM REQUIRED FOR A PROPOSED C-1 (LIMITED
COMMERCIAL) LOT on 0.17 acres at the southeast corner of Charleston Boulevard and Westwood Drive (APN 162-04-
111-017), R-4 (High Density Residential) [PROPOSED: C-1 (Limited Commercial)], Ward 1 (Tarkanian) [PRJ-71531].
Staff recommends DENIAL.

38. SDR-71570 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-71568, ZON-71569, VAR-71927 AND
VAR-71928 - PUBLIC HEARING - APPLICANT/OWNER: SHADOW LAND, LLC - For possible action on a
request for a Site Development Plan Review FOR A PROPOSED PARKING LOT on 3.27 acres at the southeast corner of
Charleston Boulevard and Westwood Drive (APNs 162-04-111-016 through 018 and 162-04-112-005), R-4 (High Density
Residential), R-1 (Single Family Residential) and R-E (Residence Estates) Zones [PROPOSED: C-1 (Limited
Commercial)], Ward 1 (Tarkanian) [PRJ-71531]. Staff recommends DENIAL.

39. ABEYANCE - VAR-71504 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: GABRIEL CULP - For
possible action on a request for a Variance TO ALLOW A 10-FOOT TALL FENCE IN THE FRONT YARD SETBACK
WHERE FIVE FEET IS THE MAXIMUM ALLOWED AND TO ALLOW A 10-FOOT TALL SOLID WALL ALONG
THE SIDE AND REAR PROPERTY LINES WHERE EIGHT FEET IS ALLOWED on 0.50 acres at 1300 "C" Street
(APN 139-27-111-066), C-2 (General Commercial) Zone, Ward 5 (Barlow) [PRJ-71456]. Staff recommends DENIAL.

40. WVR-71797 - WAIVER - PUBLIC HEARING - APPLICANT/OWNER: DR HORTON, INC. - For possible action
on a request for a Waiver TO ALLOW NO STREET LIGHTS ON AMULET RIDGE COURT, IRISH CLIFFS COURT
AND TROPICAL PARKWAY, WEST OF ALPINE RIDGE WAY on 8.16 acres located with a residential subdivision on
the southwest corner of Tropical Parkway and Alpine Ridge Way (APNs Multiple), R-D (Single Family Residential-
Restricted) Zone, Ward 6 (Fiore) [PRJ-71720]. Staff recommends DENIAL.
Planning Commission November 14, 2017 - Page 6
41. VAR-71688 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES -
For possible action on a request for a Variance TO ALLOW A 39-FOOT BUILDING HEIGHT WHERE 35 FEET IS
THE MAXIMUM ALLOWED, A TWO-FOOT WIDE LANDSCAPE BUFFER ALONG A PORTION OF THE EAST
PROPERTY LINE WHERE 15 FEET IS REQUIRED AND ZERO PARKING LOT LANDSCAPE ISLANDS WHERE
FOUR ARE REQUIRED on 6.16 acres at 1300 Pauline Way (APNs 162-02-501-001 and 162-02-601-001), C-V (Civic)
Zone, Ward 3 (Coffin) [PRJ-70943]. Staff recommends DENIAL.

42. VAR-71796 - VARIANCE RELATED TO VAR-71688 - PUBLIC HEARING - APPLICANT: SCHOOL BOARD
OF TRUSTEES - OWNER: SCHOOL BOARD OF TRUSTEES, ET AL - For possible action on a request for a
Variance TO ALLOW 17 ADDITIONAL PARKING SPACES WHERE 66 ADDITIONAL SPACES ARE REQUIRED
on 6.16 acres at 1300 Pauline Way (APNs 162-02-501-001 and 162-02-601-001), C-V (Civic) Zone, Ward 3 (Coffin)
[PRJ-70943]. Staff recommends DENIAL.

43. SDR-71690 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-71688 AND VAR-71796 - PUBLIC
HEARING - APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES - For possible action on a request for a Site
Development Plan Review FOR A PROPOSED TWO-STORY, 34,440 SQUARE-FOOT ADDITION TO AN EXISTING
47,451 SQUARE-FOOT PUBLIC OR PRIVATE SCHOOL, PRIMARY on 6.16 acres at 1300 Pauline Way (APNs 162-
02-501-001 and 162-02-601-001), C-V (Civic) Zone, Ward 3 (Coffin) [PRJ-70943]. Staff recommends DENIAL.

44. VAR-71724 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: ANDREW T. DUBOIS - For possible
action on a request for a Variance TO ALLOW A 15-FOOT FRONT YARD SETBACK WHERE 20 FEET IS
REQUIRED FOR A PROPOSED GARAGE ADDITION at 2612 Bryant Avenue (APN 162-05-611-025), R-1 (Single
Family Residential) Zone, Ward 1 (Tarkanian) [PRJ-71693]. Staff recommends DENIAL.

45. SUP-71723 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: ANDREW T. DUBOIS -
For possible action on a request for a Special Use Permit FOR A PROPOSED ACCESSORY STRUCTURE (CLASS I)
[CASITA] USE at 2612 Bryant Avenue (APN 162-05-611-025), R-1 (Single Family Residential) Zone, Ward 1
(Tarkanian) [PRJ-71693]. Staff recommends APPROVAL.

46. VAR-71768 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: 4221 CHARLESTON, LLC - For
possible action on a request for a Variance TO ALLOW A ZERO-FOOT SIDE YARD SETBACK WHERE 10 FEET IS
REQUIRED AND A ZERO-FOOT REAR YARD SETBACK WHERE 20 FEET IS REQUIRED on 0.81 acres at 4221
West Charleston Boulevard (APN 162-06-510-003), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ-71314].
Staff recommends DENIAL.

47. SDR-71769 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-71768 - PUBLIC HEARING -
APPLICANT/OWNER: 4221 CHARLESTON, LLC - For possible action on a request for a Site Development Plan
Review FOR SIX EXISTING BUILDINGS on 0.81 acres at 4221 West Charleston Boulevard (APN 162-06-510-003), C-
1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ-71314]. Staff recommends DENIAL.

48. VAR-71793 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES -


For possible action on a request for a Variance TO ALLOW 28 ADDITIONAL PARKING SPACES WHERE 57
ADDITIONAL IS REQUIRED on 6.52 acres at 701 North 20th Street (APN 139-26-810-001), C-V (Civic) Zone, Ward 3
(Coffin) [PRJ-71792]. Staff recommends DENIAL.

49. VAR-71810 - VARIANCE RELATED TO VAR-71793 - PUBLIC HEARING - APPLICANT/OWNER: SCHOOL


BOARD OF TRUSTEES - For possible action on a request for a Variance TO ALLOW A 37-FOOT BUILDING
HEIGHT WHERE 35 FEET IS THE MAXIMUM ALLOWED, A 10-FOOT WIDE LANDSCAPE BUFFER ALONG A
PORTION OF THE EAST PROPERTY LINE AND A ZERO-FOOT WIDE LANDSCAPE BUFFER ALONG THE
NORTH AND SOUTH PROPERTY LINES WHERE 15 FEET IS REQUIRED on 6.52 acres at 701 North 20th Street
(APN 139-26-810-001), C-V (Civic) Zone, Ward 3 (Coffin) [PRJ-71792]. Staff recommends DENIAL.

50. SDR-71794 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-71793 AND VAR-71810 - PUBLIC
HEARING - APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES - For possible action on a request for a Site
Development Plan Review FOR A PROPOSED 27,658 SQUARE-FOOT ADDITION TO AN EXISTING 71,143
SQUARE-FOOT PUBLIC OR PRIVATE SCHOOL, PRIMARY on 6.52 acres at 701 North 20th Street (APN 139-26-
810-001), C-V (Civic) Zone, Ward 3 (Coffin) [PRJ-71792]. Staff recommends DENIAL.

Planning Commission November 14, 2017 - Page 7


51. VAR-71645 - VARIANCE - PUBLIC HEARING - APPLICANT: GREGORY TAYLOR - OWNER: GREGORY
AND SUSAN TAYLOR - For possible action on a request for a Variance TO ALLOW A 40-FOOT FRONT YARD
SETBACK WHERE 50 FEET IS REQUIRED FOR AN PROPOSED ONE-STORY FRONT PORCH/GARAGE
ADDITION on 2.03 acres at 10201 Four Views Street (APN 125-05-603-007), R-E (Residence Estates) Zone, Ward 6
(Fiore) [PRJ-71581]. Staff recommends DENIAL.

52. SUP-71749 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: JOSHUA DURYEA - OWNER:
CHARLESTON HEIGHTS SHOPPING CENTER, LLC - For possible action on a request for a Special Use Permit
FOR A PROPOSED MOTOR VEHICLE SALES (USED) USE WITH A WAIVER TO ALLOW A SITE AREA OF
1,545 SQUARE FEET WHERE 25,000 SQUARE FEET IS REQUIRED at 4905 Alta Drive (APN 138-36-701-018), C-2
(General Commercial) Zone, Ward 1 (Tarkanian) [PRJ-71680]. Staff recommends DENIAL.

53. VAR-71766 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: SHALINI BHUTANI - For possible
action on a request for a Variance TO ALLOW A SEVEN-FOOT TALL FRONT YARD WALL/FENCE WHERE A
MAXIMUM OF FIVE FEET WITH A TWO-FOOT SOLID BASE IS ALLOWED on 0.46 acres at 2220 West Oakey
Boulevard (APN 162-04-210-100), R-E (Residence Estates) Zone, Ward 1 (Tarkanian) [PRJ-70565]. Staff recommends
DENIAL.

54. SUP-71767 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: SHALINI BHUTANI - For
possible action on a request for a Special Use Permit FOR A PROPOSED SHORT-TERM RESIDENTIAL RENTAL
USE WITH A WAIVER TO ALLOW A 383-FOOT DISTANCE SEPARATION FROM A SIMILAR USE WHERE 660
FEET IS REQUIRED at 2220 West Oakey Boulevard (APN 162-04-210-100), R-E (Residence Estates) Zone, Ward 1
(Tarkanian) [PRJ-70565]. Staff recommends DENIAL.

55. SUP-71656 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: RED MOCHA, LLC - For
possible action on a request for a Special Use Permit FOR A PROPOSED SHORT-TERM RESIDENTIAL RENTAL
USE at 2001 Grand Island Court (APN 163-03-314-003), R-E (Residence Estates) Zone, Ward 1 (Tarkanian) [PRJ-
71628]. Staff recommends APPROVAL.

56. SUP-71660 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: CALANDA HOUSE, LLC
- For possible action on a request for a Special Use Permit FOR AN EXISTING SHORT-TERM RESIDENTIAL
RENTAL USE at 1913 Calanda Court (APN 162-05-715-011), R-1 (Single Family Residential) Zone, Ward 1 (Tarkanian)
[PRJ-71627]. Staff recommends APPROVAL.

57. SUP-71705 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: JASON VOGT - For
possible action on a request for a Special Use Permit FOR A PROPOSED SHORT-TERM RESIDENTIAL RENTAL
USE at 4005 Paul Robarts Court (APN 162-06-613-009), R-1 (Single Family Residential) Zone, Ward 1 (Tarkanian)
[PRJ-71622]. Staff recommends APPROVAL.

58. SUP-71727 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: TINA M. HAGUE - For
possible action on a request for a Special Use Permit FOR A PROPOSED SHORT-TERM RESIDENTIAL RENTAL
USE at 4505 Standing Bluff Way (APN 138-01-616-007), R-PD7 (Residential Planned Development - 7 Units Per Acre)
Zone, Ward 4 (Anthony) [PRJ-71653]. Staff recommends APPROVAL.

59. SUP-71784 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: VINCENT PHU CHAU
AND VIVIAN LAN DUONG - For possible action on a request for a Special Use Permit FOR A PROPOSED SHORT-
TERM RESIDENTIAL RENTAL USE WITH A WAIVER TO ALLOW A 370-FOOT DISTANCE SEPARATION
FROM A SIMILAR USE WHERE 660 FEET IS REQUIRED at 1520 Windhaven Circle (APN 163-03-610-001), R-E
(Residence Estates) Zone, Ward 1 (Tarkanian) [PRJ-71722]. Staff recommends DENIAL.

60. ROC-71729 - REVIEW OF CONDITION - PUBLIC HEARING - APPLICANT/OWNER: ELKHORN


HUALAPAI, LLC - For possible action on a request for a Review of Condition of an approved Special Use Permit (SUP-
44852) TO MODIFY CONDITION #10 WHICH STATES, "THE SALE OF SINGLE BEERS, MALT BEVERAGES,
OR WINE COOLERS OF ANY SIZE WITH ALCOHOL BY VOLUME GREATER THAN 6% SHALL BE
PROHIBITED. THE SALE OF WINES WITH AN ALCOHOL BY VOLUME OF GREATER THAN 16% SHALL BE
PROHIBITED" on 1.12 acres at 7161 North Hualapai Way, Suite #150 (APN 126-24-517-004), PD (Planned
Development) Zone [VC (Village Commercial) Cliff's Edge Special Land Use Designation], Ward 6 (Fiore) [PRJ-71575].
Staff recommends DENIAL.

Planning Commission November 14, 2017 - Page 8


61. SDR-71643 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING - APPLICANT/OWNER: LV
BUILDINGS, LLC - For possible action on a request for a Major Amendment to an approved Plot Plan Review (Z-0035-
85) FOR A WAIVER OF TITLE 19.08 LANDSCAPING IRRIGATION REQUIREMENTS on 0.75 acres at 800 South
Valley View Boulevard (APN 139-31-801-001), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) [PRJ-69260]. Staff
recommends DENIAL.

62. SDR-71728 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING - APPLICANT: IKE GAMING,
INC. - OWNER: IKE DTLV REAL ESTATE NO.1, LLC - For possible action on a request for a Site Development
Plan Review FOR A PROPOSED PERMANENT PARKING LOT WITH A WAIVER OF REQUIRED INTERIOR
PARKING LOT LANDSCAPING on 0.33 acres at 211 North 7th Street (APN 139-34-512-028), C-2 (General
Commercial) Zone, Ward 5 (Barlow) [PRJ-71638]. Staff recommends DENIAL.

63. SDR-71783 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING - APPLICANT/OWNER: 3250
SPRING MOUNTAIN TRUST - For possible action on a request for a Site Development Plan Review FOR THE
RELOCATION OF AN EXISTING SEXUALLY ORIENTED BUSINESS INTO AN APPROVED SINGLE-STORY,
8,660 SQUARE-FOOT BUILDING on 1.09 acres at the northeast corner of Park Paseo and Las Vegas Boulevard (APN
162-03-112-021), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-71776]. Staff recommends APPROVAL.

DIRECTOR'S BUSINESS:
64. DIR-71972 - DIRECTOR'S BUSINESS - PUBLIC HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS -
For possible action on a presentation on the draft proposal of the Las Vegas Medical District Form-Based Code, All
Wards. Staff recommends APPROVAL.

CITIZENS PARTICIPATION:
65. 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 November 14, 2017 - Page 9


Agenda Item No.: 1.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING

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

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING

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

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING

SUBJECT:
ROLL CALL
Agenda Item No.: 4.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, 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: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING

SUBJECT:
FOR POSSIBLE ACTION TO APPROVE THE FINAL MINUTES FOR THE PLANNING
COMMISSION AND THE PLANNING COMMISSION WORKSHOP MEETING OF
OCTOBER 10, 2017.
Agenda Item No.: 6.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, 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: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
TMP-71808 - TENTATIVE MAP - SKYE CANYON PARCEL 1.3 PHASE 2 -
APPLICANT/OWNER: WOODSIDE HOMES NEVADA, LLC - For possible action on a
request for a Tentative Map FOR A 84-LOT SINGLE FAMILY RESIDENTIAL
SUBDIVISION on 15.41 acres on the northeast corner of Grand Teton Drive and Skye Village
Road (APN 125-07-410-004), T-D (Traditional Development) Zone [L (Residential Low) Kyle
Canyon Land Use Designation], Ward 6 (Fiore) [PRJ-71798]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


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

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. School Development Tracking Form
TMP-71808 [PRJ-71798]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: PPLICANT/OWNER: WOODSIDE HOMES NEVADA, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
TMP-71808 Staff recommends APPROVAL.

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 35

NOTICES MAILED N/A

PROTESTS 0

APPROVALS 0

CS
TMP-71808 [PRJ-71798]
Conditions Page One
November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

TMP-71808 CONDITIONS

Planning

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

2. All 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. 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.

5. A Master Homeowners Association shall be formed prior to the recordation of the


first residential subdivision map in conformance with the Kyle Canyon
Development Agreement Section 4.01(a).

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

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 as Final Map submittal. A permanent underground
sprinkler system is required, and shall be permanently maintained in a satisfactory
manner; the landscape plan shall include irrigation specifications. Installed
landscaping shall not impede visibility of any traffic control device.

8. No turf shall be permitted in the non-recreational common areas, such as medians


and amenity zones in this development.

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.

CS
TMP-71808 [PRJ-71798]
Conditions Page Two
November 14, 2017 - Planning Commission Meeting

10. 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.

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

Public Works

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

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

14. The 30-foot wide easement at the end of Desert Bighorn Court adjacent to lots 152
and 122 shall include a Public Sewer Easement. No structures, and no trees or
vegetation taller than three feet, shall be allowed within the proposed Public Sewer
Easement. Additional easement width will be required if any other utilities beside
public sewer lines and water lines are proposed in this easement.

CS
TMP-71808 [PRJ-71798]
Conditions Page Three
November 14, 2017 - Planning Commission Meeting

15. A working sanitary sewer connection shall be in place prior to final inspection of
any units within this development. Full permanent improvements on all major
access streets, including all required landscaped areas between the perimeter wall
and adjacent public street, shall be constructed and accepted by the City prior to
issuance of any building permits beyond 50% of all units within this development.
All off-site improvements adjacent to this site, including all required landscaped
areas between the perimeter walls and adjacent public streets, shall be
constructed and accepted prior to issuance of building permits beyond 75%. The
above thresholds notwithstanding, all required improvements shall be constructed
in accordance with the approved Development Agreement.

16. Comply with the currently approved Drainage Plan and Technical Drainage Study
on file with the City.

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.

18. Comply with all applicable conditions of approval for the Sky Canyon Parent
Tentative Map (TMP-53700) and any other site related actions.

CS
TMP-71808 [PRJ-71798]
Staff Report Page One
November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for an 84-lot single family residential subdivision on 15.41 acres within
the Skye Canyon Master Plan Area.

ISSUES

x This request is a partial resubmittal of a previously approved Tentative Map


(TMP-53908) due to the failure to record a Final Map by the required deadline.

ANALYSIS

The subject property is part of the Skye Canyon Master Plan Area, which is governed
by a Development Agreement between the Master Developer and the City of Las
Vegas, as well as the Kyle Canyon Development Standards and Architectural Design
Guidelines originally adopted on October 21, 2011.

Final Map (FMP-57264) was denied by the Planning Department on 08/28/17 due to the
missed filing deadline. Pursuant to NRS 278.360, phased final maps must be recorded
within two years of the previous map, unless an Extension of Time is approved. The
previous map for Skye Canyon Parcel 1.3, Phase 1 was recorded on 02/11/15. Final
Map (FMP-57264) for Skye Canyon Parcel 1.3, Phase 2 was submitted and a blueline
review was completed on 01/06/15. However, the mylar was not submitted for review
until 08/28/17, more than 2 years beyond the recordation date of the previous map. Due
to the missed deadline, the applicant is requesting a new Tentative Map in order to
finalize the subject residential subdivision.
The Skye Canyon Land Use Plan designates the subject property as L (Residential
Low), which allows up to 15 residential units per gross acre with an average of 5.49
units per acre. The proposed density of 5.45 dwelling units per unit falls within the
maximum allowed. The dwelling units will be constructed to both the Kyle R-1 (Single
Family Residential) district and the Kyle R-CL (Single Family Compact Lot) district
development standards for portions of this subdivision. All proposed lot sizes are
greater than the minimum required lot size of 2,000 square feet.

CS
TMP-71808 [PRJ-71798]
Staff Report Page Two
November 14, 2017 - Planning Commission Meeting

The submitted east/west cross section depicts depict maximum natural grade greater
than 2% across this site. Per the Kyle Canyon (Skye Canyon) Development Standards,
a development with natural slope greater than 2% is allowed a maximum 6-foot
retaining wall. A maximum 6-foot retaining wall is shown along the east and west
property lines. The submitted north/south cross section depicts maximum natural grade
less than 2% across this site. Per the Tables in Kyle Canyon (Skye Canyon)
Development Standards, a development with natural slope less than or equal to 2%, is
allowed a maximum 4-foot retaining wall. A maximum four-foot retaining wall is shown
on the south property line and no retaining wall is shown on the north property line.

The Clark County School District projects that approximately 36 primary and secondary
school students would be generated by the proposed development on this site. Of the
three schools serving the area (Bozarth Elementary School, Escobedo Middle School
and Arbor View High School), the District notes that Bozarth Elementary School and
Arbor View High School are over capacity for the 2016-17 school year, and no new
schools are planned in this area at this time.

FINDINGS (TMP-71808)

The proposed Tentative Map conforms in density to L (Residential Low) Kyle Canyon
land use designation and the Kyle Canyon Design Standards for both the Kyle R-1
(Single Family Residential District) and the Kyle R-CL (Single Family Compact Lot)
district; therefore, staff recommends approval of the request with conditions.

BACKGROUND INFORMATION

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


The City Council approved a General Plan Amendment (GPA-4044)
request to amend a portion of Map 10 of the Centennial Hills Sector of
the to realign power line corridors within the Cliffs Edge Master
05/19/04 Development Plan area. The realignment placed power lines on the
north side of Grand Teton Drive, within the Kyle Canyon area and
within the overall subject parcel. The Planning Commission and staff
recommended approval.
The City Council approved a request to amend the Master Plan
Recreation and Transportation Trail Elements (GPA-5157) to re-
12/01/04 designate portions of proposed alignments in developed areas as
pedestrian paths. The Planning Commission and staff recommended
approval.

CS
TMP-71808 [PRJ-71798]
Staff Report Page Three
November 14, 2017 - Planning Commission Meeting

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


The City Council approved a request to adopt the Northwest Open
Space Plan (DIR-5543) for property generally located north of
01/05/05 Cheyenne Avenue, west of Decatur Boulevard, and east of Puli Road.
The Planning Commission and staff recommended approval.
The City Council approved a General Plan Amendment (GPA-9167)
request to amend a portion of the Centennial Hills Sector Plan of the
Master Plan from SC (Service Commercial), PCD (Planned
Community Development) and PF (Public Facilities), to TND
01/18/06
(Traditional Neighborhood Development) on 1,712 acres generally
located north of Grand Teton Drive, between Puli Road and Fort
Apache Road. The Planning Commission and staff recommended
approval.
The City Council approved a General Plan Amendment (GPA-12339)
request to amend Map 11 of the Centennial Hills Sector Plan to allow
the relocation of an approved Electric Utility Substation from the
northeast corner of Hualapai Way and Grand Teton Drive to a site
06/07/06
north and west of the approved location; and for the addition of
transmission lines related to the proposed relocation of the proposed
substation. The Planning Commission and staff recommended
approval.
The City Council approved a Site Development Plan Review (SDR-
13535) and Special Use Permit (SUP-13536) request to allow the
relocation of an approved Electric Utility Substation from the northeast
07/19/06
corner of Hualapai Way and Grand Teton Drive to a site north and
west of the approved location. The Planning Commission and staff
recommended approval. These entitlements have expired.
The City Council approved a Rezoning (ZON-20543) request from R-E
(Residence Estates) and U (Undeveloped) TND [General Plan
designation] to TD (Traditional Development). The Planning
Commission and staff recommended approval.
05/16/07 The City Council approved a Development Agreement (DIR-21605) to
adopt the Kyle Canyon Development Standards and Design
Guidelines and the Development Agreement for the Kyle Canyon
Master Plan area. The Planning Commission and staff recommended
approval.
The City Council approved a Review of Condition (ROC-22954)
request to remove all Conditions of Approval from a Rezoning (ZON-
07/18/07 20543). This Rezoning action approved the Kyle Canyon
Development Standards and Design Guidelines. Staff recommended
approval.

CS
TMP-71808 [PRJ-71798]
Staff Report Page Four
November 14, 2017 - Planning Commission Meeting

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


The City Council approved a Major Modification (MOD-22589) request
to amend the Kyle Canyon Development Standards and Design
Guidelines to realign a major roadway and clarify street cross sections
within the plan area. Planning Commission and staff recommended
08/15/07 approval.
The City Council approved Tentative Map (TMP-22586) request for a
Parent Tentative Map for the Kyle Canyon Master Plan area was
approved. The Planning Commission and staff recommended
approval. This map is expired.
The applicant filed a Final Map (FMP-24541) technical review for a
09/11/07 Parent Final Map for the Kyle Canyon Master Plan area. This map
expired.
The City Council approved a General Plan Amendment (GPA-20469)
request to change the land use designation from PCD (Planned
Community Development) and SC (Service Commercial) to TND
(Traditional Neighborhood Development). The Planning Commission
and staff recommended approval.
The City Council approved a Rezoning (ZON-22351) request to
change the zoning from U (Undeveloped) [PCD (Planned Community
Development) General Plan designation], C-1 (Limited Commercial),
and C-2 (General Commercial) to T-D (Traditional Development) at the
southeast corner of Oso Blanca Road and the Hualapai Way
alignment. The Planning Commission and staff recommended
09/19/07
approval.
The City Council approved a Rezoning (ZON-20475) request to add
51.38 acres to the G-O (Gaming Enterprise Overlay) District at the
southeast corner of Oso Blanca Road and the Hualapai Way
alignment. The Planning Commission and staff recommended
approval.
The City Council approved a Special Use Permit (SUP-20478) request
to allow a non-restricted gaming facility at the southeast corner of Oso
Blanca Road and the Hualapai Way alignment. The Planning
Commission and staff recommended approval. This entitlement has
expired.
The Planning Commission approved a Tentative Map (TMP-25492)
request for a Parent Tentative Map for a 105-lot mixed-use subdivision
12/20/07 on 1,711.97 acres at the southwest corner of Fort Apache Road and
Moccasin Road. Staff recommended approval of the request. This map
expired.

CS
TMP-71808 [PRJ-71798]
Staff Report Page Five
November 14, 2017 - Planning Commission Meeting

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


The City Council approved a Master Plan of Streets and Highways
(MSH-25695) and a Major Modification (MOD-25875) to the Kyle
Canyon Development Standards and Design Guidelines to update the
02/06/08
appropriate street names and roadway alignments proposed as a part
of this Tentative Map application. The Planning Commission and staff
recommended approval.
The City Council approved a General Plan Amendment (GPA-25383)
requested to modify Map Number 7 of the Centennial Hills Sector Plan
to remove the alignments of a proposed Multi-Use Non-Equestrian
02/20/08 Trail along the Hualapai Way alignment between Grand Teton Drive
and Kyle Canyon Road and along Log Cabin Way between Fort
Apache Road and a point approximately 4,080 feet in a westerly
direction. The Planning Commission and staff recommended approval.
The City Council approved an Extension of Time (EOT-28126)
requested for a Site Development Plan (SDR-13535) for a proposed
Electric Utility Substation on 4.09 acres approximately 560 feet west of
Hualapai Way and 890 feet north of Grand Teton Drive. Staff
recommended approval.
07/02/08
The City Council approved an Extension of Time (EOT-28126)
requested for a Special Use Permit (SUP-13535) for a proposed
Electric Utility Substation on 4.09 acres approximately 560 feet west of
Hualapai Way and 890 feet north of Grand Teton Drive. Staff
recommended approval.
The City Council approved a Required Review (DIR-28767) of the
Development Agreement between the city of Las Vegas and the Kyle
08/06/08 Acquisition Group, LLC on approximately 1,712 acres generally
located at the southwest corner of Fort Apache Road and Moccasin
Road. Staff recommended approval.
The City Council approved a Required Review (DIR-29916) of the
Development Agreement between the city of Las Vegas and the Kyle
12/03/08 Acquisition Group, LLC on approximately 1,712 acres generally
located at the southwest corner of Fort Apache Road and Moccasin
Road. Staff recommended approval.
The City Council approved a Required Review (DIR-34955) of the
Development Agreement dated 08/08/07 between the city of Las
08/05/09 Vegas and the Kyle Acquisition Group, LLC on approximately 1,712
acres generally located at the southwest corner of Fort Apache Road
and Moccasin Road. Staff recommended approval.

CS
TMP-71808 [PRJ-71798]
Staff Report Page Six
November 14, 2017 - Planning Commission Meeting

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


The City Council approved a Required Review (DIR-42369) of the
Development Agreement dated 08/08/07 between the city of Las
08/17/11 Vegas and the Kyle Acquisition Group, LLC on approximately 1,712
acres generally located at the southwest corner of Fort Apache Road
and Moccasin Road. Staff recommended approval.
The City Council approved an amendment to the Kyle Canyon
Development Agreement (DIR-42266) on approximately 1,662 acres at
11/16/11
the southwest corner of Fort Apache Road and Moccasin Road. Staff
recommended approval.
The Planning Commission approved a Parent Tentative Map (TMP-
53058) for a 45-lot subdivision for on 1,661.8 acres approximately
04/08/14
1,800 feet north or Horse Drive on the west side of Oso Blanca Road.
Staff recommended approval.
A Parent Final Map (FMP-53700) for Sky Canyon Phase I was
04/15/14 submitted for, four builder parcels on 163.65 acres. The Final Map has
not been recorded.
Final Map (FMP-56855) for a 125-lot single family residential
subdivision on 25.49 acres on the north side of Grand Teton Drive,
02/04/15
approximately 1,210 feet west of Grand Canyon Drive was recorded
on 02/11/15.
The City Council approved (DIR-57816) for a proposed amendment to
the Development Agreement for the Kyle Canyon Development on
04/09/15
approximately 1,662 acres at the southwest corner of Fort Apache
Road and Moccasin Road. Staff recommended approval.
Final Map (FMP-57264) for an 84-lot single family residential
subdivision on 15.41 acres at the northeast corner of Grand Teton
08/28/17
Drive and Hualapai Way was denied by The Department of Planning
for failure to file within two years of the previous map recordation date.

Most Recent Change of Ownership


10/17/14 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A Civil Improvement Plan (#24191) was applied for the repair of
08/22/07
conduit under the sidewalk. The permit was finalized on 02/17/10.

CS
TMP-71808 [PRJ-71798]
Staff Report Page Seven
November 14, 2017 - Planning Commission Meeting

Pre-Application Meeting
Staff conducted a pre-application meeting with the applicant where the
10/03/17
submittal requirements and deadlines were reviewed.

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

Field Check
Staff conducted a routine field check and found an undeveloped site.
10/05/17
There were no issues or concerns noted.

Details of Application Request


Site Area
Net Acres 15.41

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject T-D (Traditional
Undeveloped L (Residential Low)
Property Development)
Single, T-D (Traditional
North L (Residential Low)
Family Detached Development)
Single,
PCD (Planned
Family Detached PD (Planned
South Community
Single, Development)
Development)
Family Attached
Single, T-D (Traditional
East L (Residential Low)
Family Detached Development)
T-D (Traditional
West Undeveloped L (Residential Low)
Development)

CS
TMP-71808 [PRJ-71798]
Staff Report Page Eight
November 14, 2017 - Planning Commission Meeting

Master and Neighborhood Plan Areas Compliance


Kyle Canyon Master Plan Y
Special Area and Overlay Districts Compliance
T-D (Traditional Development) District Y
Other Plans or Special Requirements Compliance
Trails Y
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Pursuant to the Kyle Canyon Development Standards Manual, the following


standards apply to the Kyle R-1 (Single Family Residential) District:
Standard Required/Allowed Provided Compliance
Min. Lot Size 4,500 SF 5,407 SF Y
31.8
Min. Lot Width 40 Feet Feet* Y
Min. Setbacks
x Front Side entry garage 10 Feet 10 Feet Y
Front entry garage 18 Feet 18 Feet Y
x Side 5 Feet 5 Feet Y
x Corner Porch 10 Feet 10 Feet Y
Living 10 Feet 10 Feet Y
x Rear 10 Feet 10 Feet Y
*The minimum lot width on a cul-de-sac or knuckle is 30 feet.
Lot coverage, building heights and equipment screening will be reviewed through the
building permit process.

CS
TMP-71808 [PRJ-71798]
Staff Report Page Nine
November 14, 2017 - Planning Commission Meeting

Pursuant to the Kyle Canyon Development Standards Manual the following


standards apply to the Kyle R-CL (Single Family Compact Lot) district:
Standard Required/Allowed Provided Compliance
Min. Lot Size 2,000 SF 3,722 SF Y
Min. Lot Width 26 Feet 37 Feet Y
Min. Setbacks
x Front Interior Street
2nd story living over
garage
Porch
Single story living
2nd story living
Garage door 3 Feet 3 Feet Y
Court Street or Drive 5 Feet 5 Feet Y
Aisle 10 Feet 10 Feet Y
2nd story living over 14 Feet 14 Feet Y
garage <5 or >18 Feet <5 or >18 Y
Porch
Single story living 3 Feet 3 Feet Y
2nd story living 3 Feet 3 Feet Y
Garage door 10 Feet 10 Feet Y
Paseo or Common 14 Feet 14 Feet Y
Open <5 or >18 Feet <5 or >18 Y
Space
Porch
Single story living 0 Feet 0 Feet Y
2nd story living 0 Feet 0 Feet Y
x Side (Combined) 0 Feet 0 Feet Y
x Corner Porch 6 Feet 6 Feet Y
Living 5 Feet 5 Feet Y
x Rear No alley 10 Feet 10 Feet Y
Alley 5 Feet 5 Feet Y
2nd story living over
garage 3 Feet 3 Feet Y
Porch 3 Feet 3 Feet Y
Single story living 5 Feet 5 Feet Y
2nd story living 5 Feet 5 Feet Y
Garage door <5 or >18 Feet <5 or >18 Y
Lot coverage, building heights and equipment screening will be reviewed through the
building permit process.

CS
TMP-71808 [PRJ-71798]
Staff Report Page Ten
November 14, 2017 - Planning Commission Meeting

19.04.040 Connectivity
Transportation Network Element # Links # Nodes
Internal Street
Intersection Internal 13
Cul-de-sac Terminus 6
Intersection External Street or Stub Terminus 21
Intersection Stub Terminus w/ Temporary Turn Around
0
Easements
Non-Vehicular Path - Unrestricted 2
Total 23 19
Required Provided
Connectivity Ratio (Links /
N/A 1.21
Nodes):

Functional Actual Compliance


Governing
Street Name Classification of Street Width with Street
Document
Street(s) (Feet) Section
Kyle Cannon
Arterial Street
Skye Village Road Development 91 Y
with Trail
Standards
Arterial Street Kyle Cannon
Grand Teton Drive with Equestrian Development 90 Y
Trail Standards
Kyle Cannon
Minor Collector
Racel Street Development 43 Y
Street
Standards
Kyle Cannon
Local Residential
Street B Development 49 Y
Street
Standards
Kyle Cannon
Neighborhood
Street C Development 58 Y
Entry Street
Standards

CS
TMP-71808 [PRJ-71798]
Staff Report Page Eleven
November 14, 2017 - Planning Commission Meeting

Pursuant to the Kyle Canyon Village Street Standards, 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
Single
2 Spaces
Family, 84 Units 168
per unit
Detached
Regular and Handicap Spaces Required 168 168 Y
The minimum parking requirement to be satisfied by providing unimpeded parking spaces via
driveway or garage.

CS
TMP-71808


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TMP-71808 [PRJ-71798] - TENTATIVE MAP - APPLICANT/OWNER: WOODSIDE HOMES NEVADA, LLC
NORTHEAST CORNER OF GRAND TETON DRIVE AND SKYE VILLAGE ROAD
10/05/17
TMP-71808 [PRJ-71798] - TENTATIVE MAP - APPLICANT/OWNER: WOODSIDE HOMES NEVADA, LLC
NORTHEAST CORNER OF GRAND TETON DRIVE AND SKYE VILLAGE ROAD
10/05/17

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TMP-71808
TMP-71808
Agenda Item No.: 8.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71686 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: SCHOOL BOARD
OF TRUSTEES - For possible action on a request for a Variance TO ALLOW A THREE-FOOT
PERIMETER LANDSCAPE BUFFER ON A PORTION OF THE WEST PROPERTY LINE
WHERE EIGHT FEET IS REQUIRED AND ZERO PERIMETER LANDSCAPE TREES
WHERE FIVE TREES ARE REQUIRED on 11.94 acres at 1960 Ferrell Street (APNs 139-20-
301-002, 015 and 016), C-V (Civic) Zone, Ward 5 (Barlow) [PRJ-71577]. Staff recommends
APPROVAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


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

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-71686 and SDR-71687 [PRJ-71577]
2. Conditions and Staff Report - VAR-71686 and SDR-71687 [PRJ-71577]
3. Supporting Documentation - VAR-71686 and SDR-71687 [PRJ-71577]
4. Photo(s) - VAR-71686 and SDR-71687 [PRJ-71577]
5. Justification Letter - VAR-71686 and SDR-71687 [PRJ-71577]
VAR-71686 and SDR-71687 [PRJ-71577]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71686 Staff recommends APPROVAL, subject to conditions:
SDR-71687 Staff recommends APPROVAL, subject to conditions: VAR-71686

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 12

NOTICES MAILED 451

PROTESTS 0

APPROVALS 0

SS
VAR-71686 and SDR-71687 [PRJ-71577]
Conditions Page One
November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71686 CONDITIONS

Planning

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


Plan Review (SDR-71687) shall be required, if approved.

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

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

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

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

SDR-71687 CONDITIONS

Planning

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


71686) 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 09/20/17, except as amended by conditions
herein.

SS
VAR-71686 and SDR-71687 [PRJ-71577]
Conditions Page Two
November 14, 2017 - Planning Commission Meeting

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

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

6. 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.

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


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

8. 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, if any, on the
sidewalk along Ferrell Street and Coran Lane 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. Concurrent with onsite development, the new addition shall connect to the public
sewer.

12. 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.

SS
VAR-71686 and SDR-71687 [PRJ-71577]
Conditions Page Three
November 14, 2017 - Planning Commission Meeting

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

SS
VAR-71686 and SDR-71687 [PRJ-71577]
Staff Report Page One
November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

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


elementary (primary) public school at 1960 Ferrell Street. The building will be two
stories in height and will include 18 classrooms, restrooms and storage facilities.
Construction will displace a portion of the existing turf area at the northeast corner of the
site. A new parking lot would be built over a portion of the existing playground at the
southwest corner of the site. The new building would replace existing portable
classroom buildings.

ISSUES

x The site is zoned C-V (Civic) and is subject to the requirements of Title 19.10.020,
which generally allows the establishment of development standards through
approval of a Site Development Plan Review. However, because the site is adjacent
to R-E (Residence Estates), R-E (Rural Estates Residential Clark County) and R-E
(Ranch Estates North Las Vegas) zoned properties, development is subject to
specific Title 19 standards.
x A Variance from Title 19.10.020 is required to allow a reduction in the required
perimeter landscape buffer width along the west property line and the number of
perimeter trees. Staff recommends approval of the variance.
x The site consists of three separate parcels. In order to comply with Las Vegas
Valley Water District service rules, the contiguous parcels must be consolidated into
one. The mapping action shall be completed and recorded prior to the issuance of
any building permits. A condition of approval addresses this issue.

ANALYSIS

The existing school was approved and permitted while under Clark Countys jurisdiction
and the property was annexed into the City in 2013. Currently, the school contains 31
classrooms within various buildings. An additional 18 classrooms are proposed within a
proposed 35-foot tall, two-story classroom building at the northeast corner of the
property south of the existing bus pick-up area. In addition, three new basketball courts
are proposed to the west of the new building location on the interior of the site to
compensate for the partial loss of the playground area.

SS
VAR-71686 and SDR-71687 [PRJ-71577]
Staff Report Page Two
November 14, 2017 - Planning Commission Meeting

The proposed classroom building exterior will consist of variations in texture and color,
featuring colored bands of split-faced masonry and aluminum windows. The building
has a flat roofline with a parapet of varying height.

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

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

A portion of the proposed landscape buffer along the west property line has a minimum
width of three feet where eight feet is required. The entire landscape buffer is located
within a 20-foot wide NV Energy easement. The area where the buffer deviates from
the standard is less than 10 feet long and allows for access to the easement. As no
trees or other tall vegetation can be located within a utility easement, the applicant has
proposed various five-gallon shrubs within the buffer. For these reasons, staff
recommends approval of the variance to Title 19.10 for the reduced landscaping. New
landscaping along the south property line and in the parking lot is in conformance to
Title 19 standards. Mondel pines line the southern perimeter, while Rio Grande Ash
trees are proposed in the new parking lot.

The existing school site is in conformance with current UDC parking requirements. A
sufficient number of parking spaces has been provided to maintain the standard for
primary schools with this addition160 spaces are being provided in total where 147
spaces are required.

If this Site Development Plan Review is approved, the site must be remapped prior to
the issuance of building permits so that the proposed building is not constructed over an
existing lot line. This issue is addressed as a condition of approval.

SS
VAR-71686 and SDR-71687 [PRJ-71577]
Staff Report Page Three
November 14, 2017 - Planning Commission Meeting

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

FINDINGS (VAR-71686)

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 request for a variance of the C-V perimeter landscape standards in this case is the
result of a 20-foot wide utility easement along the west property line that precludes the
planting of trees. The area is fenced off from the proposed parking lot, which reduces
the size of the buffer near the entrance to the lot. Relief from the strict application of the
C-V standards in this case will not harm the public good. For these reasons, a variance
to these standards is warranted.

FINDINGS (SDR-71687)

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:

SS
VAR-71686 and SDR-71687 [PRJ-71577]
Staff Report Page Four
November 14, 2017 - Planning Commission Meeting

1. The proposed development is compatible with adjacent development and


development in the area;

The proposed school addition is compatible with the adjacent residential and
commercial uses on the adjacent parcels within the City of Las Vegas, City of
North Las Vegas and Clark County jurisdictions.

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

The proposed development does not meet the required landscape buffer width
and perimeter tree requirements for properties in the C-V zoning district that are
adjacent to residentially zoned parcels. However, the deviation is the result of an
existing power utility easement and impact to adjacent properties is minimal. The
School Facilities Element of the Las Vegas 2020 Master Plan includes policies
and objectives highlighting cooperation with Clark County School District in
meeting the needs of the citys expanding population. This includes providing
equal educational opportunities in established neighborhoods, which is satisfied
by this proposal.

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


neighborhood traffic;

Access to the site will remain from Coran Lane and Ferrell Street; however, more
parking will be provided onsite. The existing bus pickup zone will not be affected
by the proposal. It is estimated that approximately 157 additional vehicles overall
would be introduced into the area as a result of the proposed development.
Ferrell Street, Coran Lane and Simmons Street are all believed to be under
capacity at this time.

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

The proposed building will have a variegated concrete block exterior, while new
landscaping will consist of drought-tolerant trees and shrubs on the perimeter.
The proposed materials are appropriate for the area and the City.

5. Building elevations, design characteristics and other architectural and


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

SS
VAR-71686 and SDR-71687 [PRJ-71577]
Staff Report Page Five
November 14, 2017 - Planning Commission Meeting

The proposed building will have a variegated concrete block exterior and rooflines
that vary in height. The proposed design will be harmonious and compatible with
development in the area.

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

The proposed improvements will be subject to code compliance and enforcement


to assure that they are constructed in a manner that will not endanger the public
health, safety or general welfare.

BACKGROUND INFORMATION

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


The Clark County Board of County Commissioners approved a
Rezoning (ZC-1282-98) from R-E (Rural Estates Residential) to P-F
(Public Facility) and Use Permit for a school on 12.80 acres on the
10/07/98
south side of Coran Lane, approximately 500 feet west of Simmons
Street. The Clark County Planning Commission recommended
approval.
The Planning Commission approved the Annexation (ANX-47538) of
12.08 acres at 1960 Ferrell Street into the City of Las Vegas. Staff
12/10/13
recommended approval. The annexation became effective on
02/27/14.
A two-lot Parcel Map (PMP-71863) on 12.13 acres at 1960 Ferrell
10/11/17 Street was submitted for technical review by City staff. The map has
not been recorded.

Most Recent Change of Ownership


07/29/98 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


Clark County Department of Building assigned 1960 Ferrell Street as
02/08/99
the official address for Ollie Detwiler Elementary School.
A public primary (elementary) school was constructed at 1960 Ferrell
2000
Street.

SS
VAR-71686 and SDR-71687 [PRJ-71577]
Staff Report Page Six
November 14, 2017 - Planning Commission Meeting

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
08/30/17 submittal requirements for Variance and Site Development Plan
Review applications.

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

Field Check
Staff completed a routine site visit, noting a well maintained public
10/05/17 school with portable classroom buildings in the central portion of the
site.

Details of Application Request


Site Area
Net Acres 11.94
School Floor Area
Existing 60,042 sf
Proposed 30,184 sf
Total 90,226 sf

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Public or Private
PF (Public Facilities) C-V (Civic)
Property School, Primary
R-3 (Multi-Family
Undeveloped Residential) North
Las Vegas
EMP (Employment)
North Single Family, R-E (Ranch Estates)
North Las Vegas
Detached North Las Vegas
Mini-Storage M-1 (Business Park)
Facility North Las Vegas
Multi-Family
M (Medium Density R-3 (Multi-Family
South Residential
Residential) Residential)
(Apartments)

SS
VAR-71686 and SDR-71687 [PRJ-71577]
Staff Report Page Seven
November 14, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
RNP (Rural
Single Family, R-E (Residence
East Neighborhood
Detached Estates)
Preservation)
RN (Rural R-E (Rural Estates
Single Family,
West Neighborhood) Residential) Clark
Detached
Clark County County

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
West Las Vegas Plan Y
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District (70 feet) Y
C-V (Civic) 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 the submitted site development plans, Title 19.08 and 19.10, the
following standards apply:
Standard Required/Allowed Proposed Compliance
Min. Lot Size N/A 520,106 SF N/A
Min. Lot Width N/A 630 Feet N/A
Min. Setbacks
(bldg. addition only)
x Front 68 Feet existing 516 Feet N/A
x Side 220 Feet existing 467 Feet N/A
x Corner 116 Feet existing 96 Feet N/A
x Rear 370 Feet existing 68 Feet N/A
Max. Building Height 35 Feet 35 Feet Y
Screened, Gated, w/ a
Trash Enclosure Existing facilities Y
Roof or Trellis
Mech. Equipment Screened Parapet screened Y

SS
VAR-71686 and SDR-71687 [PRJ-71577]
Staff Report Page Eight
November 14, 2017 - Planning Commission Meeting

Pursuant to the submitted site development plans, Title 19.08 and 19.10, the
following standards apply:
Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees
Buffer Trees:
x North N/A N/A N/A N/A
x South 1 Tree / 20 Linear Feet 6 Trees 6 Trees Y
x East 1 Tree / 20 Linear Feet 5 Trees 7 Trees (ex) Y
x West 1 Tree / 20 Linear Feet 5 Trees 0 Trees N
TOTAL PERIMETER TREES 16 Trees 13 Trees N
1 Tree / 6 Uncovered
Parking Area Spaces, plus 1 tree at the
13 Trees 13 Trees Y
Trees end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
x North N/A 6 Feet exist N/A
x South 8 Feet 10 Feet Y
x East 8 Feet 68 Feet Y
x West 8 Feet 3 Feet N
6 chain link
fence on
Wall Height 6 to 8 Feet Adjacent to Residential Y
west, south
and east PL

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Ferrell Street Local Street Title 13 52 Y
Coran Lane Minor Collector Title 13 40 N

SS
VAR-71686 and SDR-71687 [PRJ-71577]
Staff Report Page Nine
November 14, 2017 - Planning Commission Meeting

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Floor Required Provided Compliance
Area or Parking Parking
Use Parking
Number of Handi- Handi-
Units Ratio Regular Regular
capped capped
Public or
3 spaces
Private 49
per 147
School, classrooms
classroom
Primary
TOTAL SPACES REQUIRED 147 160 Y
Regular and Handicap Spaces Required 142 5 154 6 Y

SS
VAR-71686


VAR-71686

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VAR-71686 and SDR-71687



VAR-71686 and SDR-71687


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VAR-71686 [PRJ-71577] - VARIANCE RELATED TO SDR-71687 - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
1960 FERRELL STREET
10/05/17
VAR-71686 [PRJ-71577] - VARIANCE RELATED TO SDR-71687 - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
1960 FERRELL STREET
10/05/17
VAR-71686 [PRJ-71577] - VARIANCE RELATED TO SDR-71687 - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
1960 FERRELL STREET
10/05/17
VAR-71686 [PRJ-71577] - VARIANCE RELATED TO SDR-71687 - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
1960 FERRELL STREET
10/05/17
VAR-71686 [PRJ-71577] - VARIANCE RELATED TO SDR-71687 - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
1960 FERRELL STREET
10/05/17


VAR-71686 and SDR-71687
Agenda Item No.: 9.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SDR-71687 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-71686 - PUBLIC
HEARING - APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES - For possible action
on a request for a Site Development Plan Review FOR A PROPOSED 30,184 SQUARE-FOOT
ADDITION TO AN EXISTING 60,042 SQUARE-FOOT PUBLIC OR PRIVATE SCHOOL,
PRIMARY on 11.94 acres at 1960 Ferrell Street (APNs 139-20-301-002, 015 and 016), C-V
(Civic) Zone, Ward 5 (Barlow) [PRJ-71577]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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
3. Traffic Notes from City of Las Vegas 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-71687


SDR-71687



SDR 71687
School Board of Trustees

1960 Ferrell Street


Proposed 30.184 thousand square foot expansion of an existing 60.042 thousand square foot public elementary school.

Existing Use

Average Daily Traffic (ADT) 15.43 926


AM Peak Hour ELEMENTARY SCHOOL [1000SF] 60.042 5.20 312
PM Peak Hour 1.21 73
Expansion
Proposed Expansion

Average Daily Traffic (ADT) 15.43 466


AM Peak Hour ELEMENTARY SCHOOL [1000SF] 30.184 5.20 157
PM Peak Hour 1.21 37

Total Use

Average Daily Traffic (ADT) 15.43 1,392


AM Peak Hour ELEMENTARY SCHOOL [1000SF] 90.226 5.20 469
PM Peak Hour 1.21 110

Existing traffic on nearby streets:


Coran Avenue
Average Daily Traffic (ADT) 1,090
PM Peak Hour (heaviest 60 minutes) 87

Simmons Street
Average Daily Traffic (ADT) 5,971
PM Peak Hour (heaviest 60 minutes) 478

Traffic Capacity of adjacent streets:


Adjacent Street ADT Capacity
Coran Avenue 12,480
Simmons Street 12,480

This project will add approximately 466 trips per day on Ferrell Ave., Coran Ave. and Simmons St. Currently, Coran is at
about 9 percent of capacity and Simmons is at about 48 percent of capacity. With this project, Coran is expected to be at
about 12 percent of capacity and Simmons to be about 52 percent of capacity. Counts are not available for Ferrell in this
vicinity, but it is believed to be under capacity.

Based on Peak Hour use, this development will add into the area roughly 157 additional cars, or about five every two
minutes.

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

Agenda Item No.: 10.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71760 - VARIANCE - PUBLIC HEARING - APPLICANT: CAREVANS, LLC -
OWNER: LATULIPPE TRUST - For possible action on a request for a Variance TO ALLOW A
ZERO-FOOT SIDE YARD SETBACK ALONG A PORTION OF THE SOUTH PROPERTY
LINE WHERE 10 FEET IS REQUIRED on 0.64 acres on the west side of Rancho Drive,
approximately 215 feet north of Red Coach Avenue (APN 138-02-101-011), C-2 (General
Commercial) Zone, Ward 4 (Anthony) [PRJ-71702]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


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

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-71760, SUP-71759 and SDR-71761 [PRJ-71702]
2. Conditions and Staff Report - VAR-71760, SUP-71759 and SDR-71761 [PRJ-71702]
3. Supporting Documentation - VAR-71760, SUP-71759 and SDR-71761 [PRJ-71702]
4. Photo(s) - VAR-71760, SUP-71759 and SDR-71761 [PRJ-71702]
5. Justification Letter - VAR-71760, SUP-71759 and SDR-71761 [PRJ-71702]
VAR-71760, SUP-71759 and SDR-71761 [PRJ-71702]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: CAREVANS, LLC - OWNER: LATULIPPE
TRUST

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71760 Staff recommends APPROVAL, subject to conditions:
SUP-71759 Staff recommends APPROVAL, subject to conditions VAR-71760
SDR-71761 Staff recommends APPROVAL, subject to conditions: VAR-71760
SUP-71761

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 24

NOTICES MAILED 267 - VAR-71760 and SUP-71759


267 - SDR-71761

PROTESTS 0 - VAR-71760 and SUP-71759


0 - SDR-71761

APPROVALS 0 - VAR-71760 and SUP-71759


0 - SDR-71761

NE
VAR-71760, SUP-71759 and SDR-71761 [PRJ-71702]
Conditions Page One
November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71760 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-71759) and Site Development Plan Review (SDR-71761) 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-71759 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Delivery
and Service Vehicle Storage use.

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


71760) and Site Development Plan Review (SDR-71761) shall be required.

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

NE
VAR-71760, SUP-71759 and SDR-71761 [PRJ-71702]
Conditions Page Two
November 14, 2017 - Planning Commission Meeting

4. A Waiver from Title 19.12 is hereby approved, to allow the repair or servicing of
vehicles where such is not allowed.

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

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

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

SDR-71761 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-71759) and Variance (VAR-71760) 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 10/18/17, and building elevations date stamped 10/04/17, except as
amended by conditions herein.

4. A Waiver from Title 19.08 is hereby approved, to allow the reduction of a portion of
the northern and southern landscape buffers from eight feet to five feet.

5. A Waiver from Title 19.08 is hereby approved, to allow a reduction of a portion of


the eastern landscape buffer from 15 feet to seven feet.

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.

NE
VAR-71760, SUP-71759 and SDR-71761 [PRJ-71702]
Conditions Page Three
November 14, 2017 - Planning Commission Meeting

8. All utility and mechanical equipment shall be screened in accordance with Title 19.

9. Trash Enclosure(s) shall be screened in accordance with Title 19.

10. A six to eight-foot tall perimeter wall shall be constructed adjacent to the northern
property line.

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


Landscape Architect, Residential Designer or Civil Engineer, must be submitted
prior to or at the same time application is made for a building permit. A permanent
underground sprinkler system is required, and shall be permanently maintained in
a satisfactory manner; the landscape plan shall include irrigation specifications.
Installed landscaping shall not impede visibility of any traffic control device. The
technical landscape plan shall include the following changes from the conceptual
landscape plan:
x No trees are to be planted within the NV Energy power easement.

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

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

Public Works

14. Construct half-street improvements on Rancho Drive 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.

15. Correct all Americans with Disabilities Act (ADA) deficiencies, if any, on the
sidewalk along Red Coach Lane 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.

NE
VAR-71760, SUP-71759 and SDR-71761 [PRJ-71702]
Conditions Page Four
November 14, 2017 - Planning Commission Meeting

16. Unless otherwise allowed by the City Engineer, construct sidewalk on at least one
side of all access drives connecting this site to the adjacent public streets
concurrent with development of this site. The connecting sidewalk shall extend
from the sidewalk on the public street to the first intersection of the on-site roadway
network and shall be terminated on-site with a handicap ramp.

17. Concurrent with onsite development, this site shall connect to the existing sewer
line in Red Coach Lane.

18. 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.

19. Obtain an Occupancy Permit from the Nevada Department of Transportation


(NDOT) for the driveway or other private improvements in the Rancho Drive public
right-of-way adjacent to this site prior to constructing any improvements within
NDOT jurisdiction.

20. This site is in a Federal Emergency Management Area (FEMA) designated flood
zone. 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. Additionally, a Conditional
Letter of Map Revision (CLOMR) must be obtained from FEMA prior to the
issuance of any construction permits.

NE
VAR-71760, SUP-71759 and SDR-71761 [PRJ-71702]
Staff Report Page One
November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant has proposed to develop a Service Vehicle Storage Facility for Carevans
Medical Transport on the west side of Rancho Drive, approximately 215 feet north of
Red Coach Avenue within the C-2 (General Commercial) zoning district.

ISSUES

x A Special Use Permit is required for a Delivery and Service Vehicle Storage use
in the C-2 (General Commercial) zoning district. Staff is recommending approval
of this request.
x A Waiver is requested to allow the repair or servicing of vehicles where such is
not allowed. Staff is recommending approval of this request.
x A Variance is required to allow a zero-foot side yard setback where ten feet is
required. Staff is recommending approval of this request.
x A Site Development Plan Review is required for the development of a lot within
the C-2 (General Commercial) zoning district. Staff is recommending approval of
this request.
x A five-foot wide NV Energy power easement dissects the subject site north to
south.
x The subject site is a legal, nonconforming lot within the C-2 (General
Commercial) zoning district.

ANALYSIS

The applicant has proposed to develop a 0.64 acre undeveloped lot into a facility for
storage of Service Vehicles for Carevans Medical Transport.

The subject site is an undeveloped lot located within the C-2 (General Commercial)
zoning district with a NV Energy power easement that dissects the site north to south. In
addition to the restrictions of the power easement, the subject site is a legal,
nonconforming lot as the C-2 (General Commercial) zoning district requires a lot width
of 100 feet. The subject site has a total lot width of 65 feet.

NE
VAR-71760, SUP-71759 and SDR-71761 [PRJ-71702]
Staff Report Page Two
November 14, 2017 - Planning Commission Meeting

Due to the site restrictions and the necessity of a fire access lane, the applicant has
proposed to construct a single-story, 2,104 square-foot building along the south
property line, east of the NV Energy Power Easement. As a result, the applicant
requires a setback Variance which staff supports due to the site constraints.

Although the adjacent site to the north is also zoned C-2 (General Commercial), it is
currently used as a single family residence. This will require a six to eight-foot tall
screen wall along the northern property line in accordance with Title 19.08 which states,
For commercial and industrial properties, a perimeter wall shall be constructed
adjacent to any residential zoning district or property used solely for residential
purposes, shall be a minimum of six feet in height, and in no case shall exceed the
height limitation applicable to the adjacent zoning district or property. Staff has added a
Condition of Approval to ensure the proper screening of the residential use.

The applicant has requested a Waiver to reduce portions of the landscape buffers
around the site. Staff is supporting the request, as the landscape reductions were done
in order to accommodate a required fire access lane and for the placement of the
building on the property line also in accommodation of a fire access lane and to avoid
the NV Energy power easement.

The proposed floor plan depicts a main office with two secondary offices, storage
space, restrooms, and two breakrooms.

The proposed use, Delivery and Service Vehicle Storage is a Conditional use in the C-
2 (General Commercial) zoning district, but as stated by the applicant in the justification
letter, the applicant is proposing a garage for the western of the proposed building in
order to perform windshield repairs on the service vehicles. Due to this request, the
applicant was not able to meet Condition Number 4a, which prohibits the servicing or
repair of vehicles. As a result, the applicant has submitted an application for a Special
Use Permit in order to Waive this requirement. Staff supports this request and is
recommending approval of the Special Use Permit.

The Delivery and Service Vehicle Storage use is defined by Title 19.12 as The use of
an area or facility for the parking and storage of commercial fleet vehicles that are used
primarily in connection with the delivery of goods and services to the surrounding
community.

The Minimum Special Use Permit Requirements for this use include:

1. Requirement 1: All areas used for the parking and storage of vehicles shall be
paved, and shall be effectively screened so as not to be visible from adjoining
properties or public rights-of-way.

NE
VAR-71760, SUP-71759 and SDR-71761 [PRJ-71702]
Staff Report Page Three
November 14, 2017 - Planning Commission Meeting

The proposed use meets this requirement as the proposed development


demonstrates a paved site with landscape buffers that contain the minimum
required trees and shrubs to adequately screen the vehicles. In addition, since
the adjacent property to the north is a residential use, a solid screen wall is
required along that north property line and a Condition of Approval has been
added to ensure compliance.

2. Requirement 2: Lighting shall be shielded from adjacent properties.

The proposed use meets this requirement as Title 19.08 requires site lighting to
be arranged and controlled to not cause a nuisance to neighboring properties.

3. Requirement 3: The use shall not occupy or interfere with any parking spaces
that are required for any other existing or proposed areas for which required
parking is or will be provided on the site.

The proposed use meets this requirement as the proposed Delivery and Service
Vehicle Storage Facility use is the only use proposed for the site.

4. Requirement 4: None of the following activities shall be permitted on site:


a. The repair or servicing of vehicles.

The applicant has requested a Waiver of this requirement to allow the


repair and servicing of vehicles to occur on site. Staff supports this
request.

b. The storage or warehousing of goods or merchandise.

The proposed use includes the storage of service vehicles, employee,


breakroom, and restrooms, and a garage area for minor repairs. No
storage or warehousing of goods or merchandise is proposed for this site.

FINDINGS (VAR-71760)

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-71760, SUP-71759 and SDR-71761 [PRJ-71702]
Staff Report Page Four
November 14, 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.

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


subject site is a legal, nonconforming site within the C-2 (General Commercial) zoning
district. The C-2 (General Commercial) zoning district has a minimum lot width of 100
feet. The subject site has a lot width of 65 feet. In addition, there is an existing NV
Energy Power Easement that runs north and south that dissects the site, preventing any
building or trees from being constructed in this portion of the site. In view of these
hardships imposed by the sites physical characteristics, it is concluded that the
applicants hardship is not self-imposed, and it is thereby within the realm of NRS
Chapter 278 for granting of Variances.

FINDINGS (SUP-71759)

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 development is compatible with the existing commercial and multi-
family residences in the area. While the adjacent property to the north contains a
single family home, the lot is zoned C-2 (General Commercial) and its future land
use is Service Commercial.

2. The subject site is physically suitable for the type and intensity of land use
proposed.
The subject site is zoned C-2 (General Commercial) which is designed to provide
a broad scope of commercial uses including service, automotive, and other
general business uses of an intense character. With the subject site being
adjacent to a 125-foot wide Freeway / Expressway, the site is physically suited for
a service vehicle storage facility.

NE
VAR-71760, SUP-71759 and SDR-71761 [PRJ-71702]
Staff Report Page Five
November 14, 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.

Site access is provided by Rancho Drive, a 125-foot wide Freeway / Expressway


as classified by the Master Plan of Streets and Highways. Secondary site access
is provided by Red Coach Avenue, a 60-foot wide Local Street. Both roadways
are adequate in size to meet the requirements of the proposed use.

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

The approval of a Delivery and Service Vehicle Storage Facility use will not be
inconsistent with the General Plan as the subject site is designated SC (Service
Commercial). The Service Commercial land use designation supports commercial
uses that serve area patrons.

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

The applicant has requested a Waiver of requirement 4a, to allow the repair and
servicing of service vehicles on site. Staff supports this request. The proposed use
has met the remaining Minimum Special Use Permit Requirements per Title
19.12.

FINDINGS (SDR-71761)

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

1. The proposed development is compatible with adjacent development and


development in the area;

The proposed development is compatible with the existing commercial and multi-
family residences in the area. While the adjacent property to the north contains a
single family home, the lot is zoned C-2 (General Commercial) and its future land
use is Service Commercial.

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

Due to an existing NV Energy easement and a legal, nonconforming lot width of


65 feet, the proposed development has requested a setback Variance and
Landscape buffer width Waiver for portions of the site which staff supports.

NE
VAR-71760, SUP-71759 and SDR-71761 [PRJ-71702]
Staff Report Page Six
November 14, 2017 - Planning Commission Meeting

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


neighborhood traffic;

Site access is provided by Rancho Drive, a 125-foot wide Freeway / Expressway


as classified by the Master Plan of Streets and Highways. Secondary site access
is provided by Red Coach Avenue, a 60-foot wide Local Street. Both roadways
are adequate in size and will not be negatively impacted by the proposed use.

In a report prepared by the Traffic Division of Public Works, the proposed project
will add approximately 23 trips per day on Red Coach Avenue, Rancho Drive, and
Lone Mountain Road. Currently, Rancho Drive is at approximately 53 percent of
capacity and Lone Mountain Road is at approximately 47 percent of capacity.
With this project, these capacities are expected to remain unchanged. Counts are
not available for Red Coach Avenue in this vicinity, but it is believed to be under
capacity.

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

Building materials include Concrete Masonry Unit (CMU) block and stucco, with
African Sumac trees and rosemary, cassia, and juniper shrubs. All proposed
materials are appropriate for the area and the City.

5. Building elevations, design characteristics and other architectural and


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

The proposed development is not unsightly or obnoxious in appearance and has


provided the necessary landscape materials in the buffer areas to screen the
service vehicles. The proposed development will be compatible with existing
development in the area.

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

The proposed development is subject to building permit review and regular site
inspections during the construction phase, thus securing the public health, safety
and general welfare.

NE
VAR-71760, SUP-71759 and SDR-71761 [PRJ-71702]
Staff Report Page Seven
November 14, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

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


There are no related, relevant City actions for the subject site.

Most Recent Change of Ownership


11/02/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no related building permits or business licenses associated with this site.

Pre-Application Meeting
Staff conducted a routine pre-application meeting where the submittal
09/21/17 requirements for a Variance, Special Use Permit, and Site
Development Plan Review were discussed.

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

Field Check
Staff observed the undeveloped site during a routine field check.
10/05/17
Nothing of concern was noted by staff.

Details of Application Request


Site Area
Net Acres 0.64

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject SC (Service C-2 (General
Undeveloped
Property Commercial) Commercial)
Single Family, SC (Service C-2 (General
North
Detached Commercial) Commercial)

NE
VAR-71760, SUP-71759 and SDR-71761 [PRJ-71702]
Staff Report Page Eight
November 14, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Animal Clinic
SC (Service C-2 (General
South Secondhand Commercial) Commercial)
Dealer
Freeway /
East Right-of-Way Right-of-Way
Expressway
M (Medium Density R-3 (Medium Density
Multi-Family
West Residential) Residential)
Local Street Right-of-Way Right-of-Way

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District 175 Feet Y
Other Plans or Special Requirements Compliance
Northwest Open Space Plan Y
Centennial Hills Sector 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 19.08, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Width 100 Feet 65 Feet Y*
Min. Setbacks
x Front 10 Feet 56 Feet Y
x Side 10 Feet Zero Feet N**
x Corner 10 Feet N/A N/A
x Rear 20 Feet 80 Feet Y
Max. Lot Coverage 50 % 8% Y
Max. Building Height 89 Feet 20 Feet Y***

NE
VAR-71760, SUP-71759 and SDR-71761 [PRJ-71702]
Staff Report Page Nine
November 14, 2017 - Planning Commission Meeting

Standard Required/Allowed Provided Compliance


Screened, Gated, w/ a Not
Trash Enclosure By Condition
Roof or Trellis Indicated
Not
Mech. Equipment Screened By Condition
Indicated
*The subject site is a legal, nonconforming site, as the existing lot was lawfully zoned C-2
(General Commercial) prior to the development standards set forth by Title 19.08.
**The applicant is requesting a Variance to allow a zero-foot side setback where 10 feet
is required. Staff supports this request.
***Subject to Residential Adjacency 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 13 Trees 13 Trees Y
x South 1 Tree / 20 Linear Feet 6 Trees 6 Trees Y
x East 1 Tree / 20 Linear Feet 2 Trees 2 Trees Y
x West 1 Tree / 20 Linear Feet 3 Trees 3 Trees Y
TOTAL PERIMETER TREES 24 Trees 24 Trees Y
1 Tree / 6 Uncovered
Parking Area Spaces, plus 1 tree at the
3 Trees 3 Trees Y
Trees end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
x North 8 Feet 5 Feet N*
x South 8 Feet 5 Feet N*
x East 15 Feet 7 Feet N*
x West 15 Feet 15 Feet Y
Not
Wall Height 6 to 8 Feet Adjacent to Residential By Condition
Indicated
*The applicant has requested a Waiver to reduce a portion of the northern and southern
landscape buffer to five feet, and to reduce a portion of the eastern landscape buffer to seven
feet. Staff supports this request.

NE
VAR-71760, SUP-71759 and SDR-71761 [PRJ-71702]
Staff Report Page Ten
November 14, 2017 - Planning Commission Meeting

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Freeway /
Rancho Drive Streets and 125 N*
Expressway
Highways
Red Coach
Local Street Title 13 60 Y
Avenue
*The Public Works Department has placed a Condition of Approval to ensure the half-
street improvements are completed in conjunction with this development.

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Floor Required Provided Compliance
Area or Parking Parking
Use
Number of Parking Ratio Handi- Handi-
Regular Regular
Units capped capped

12 0.75 spaces for


Delivery Employees each employee
and
on the largest
Service 24
shift, plus one
Vehicle
12 space per
Storage
Vehicles service vehicle.

TOTAL SPACES REQUIRED 24 31 Y


Regular and Handicap Spaces Required 23 1 29 2 Y

Waivers
Requirement Request Staff Recommendation
To reduce a portion
An eight-foot wide landscape
of the northern and
buffer along the northern and Approval
southern landscape
southern property lines.
buffers to 5 feet.
To reduce a portion
A 15-foot wide landscape
of the eastern
buffer along the eastern Approval
landscape buffer to
property line.
seven feet.
The repair or servicing of To allow the repair or
vehicles is not permitted on- servicing of vehicles Approval
site. on-site.

NE
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VAR-71760, SUP-71759 and SDR-71761


VAR-71760 [PRJ-71702] - VARIANCE RELATED TO SUP-71759 AND SDR-71761 - APPLICANT: CAREVANS, LLC -
OWNER: LATULIPPE TRUST
WEST SIDE OF RANCHO DRIVE, NORTH OF RED COACH AVENUE
10/05/17
VAR-71760 [PRJ-71702] - VARIANCE RELATED TO SUP-71759 AND SDR-71761 - APPLICANT: CAREVANS, LLC -
OWNER: LATULIPPE TRUST
WEST SIDE OF RANCHO DRIVE, NORTH OF RED COACH AVENUE
10/05/17
VAR-71760 [PRJ-71702] - VARIANCE RELATED TO SUP-71759 AND SDR-71761 - APPLICANT: CAREVANS, LLC -
OWNER: LATULIPPE TRUST
WEST SIDE OF RANCHO DRIVE, NORTH OF RED COACH AVENUE
10/05/17
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VAR-71760, SUP-71759 and SDR-71761


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VAR-71760, SUP-71759 and SDR-71761


Agenda Item No.: 11.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71759 - SPECIAL USE PERMIT RELATED TO VAR-71760 - PUBLIC HEARING -
APPLICANT: CAREVANS, LLC - OWNER: LATULIPPE TRUST - For possible action on a
request for a Special Use Permit FOR A PROPOSED DELIVERY AND SERVICE VEHICLE
STORAGE FACILITY USE WITH A WAIVER TO ALLOW THE REPAIR OR SERVICING
OF VEHICLES WHERE SUCH IS NOT ALLOWED on the west side of Rancho Drive,
approximately 215 feet north of Red Coach Avenue (APN 138-02-101-011), C-2 (General
Commercial) Zone, Ward 4 (Anthony) [PRJ-71702]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


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

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
SUP-71759



SUP-71759


Agenda Item No.: 12.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SDR-71761 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-71759 AND VAR-
71760 - PUBLIC HEARING - APPLICANT: CAREVANS, LLC - OWNER: LATULIPPE
TRUST - For possible action on a request for a Site Development Plan Review FOR A
PROPOSED 2,104 SQUARE-FOOT DELIVERY AND VEHICLE STORAGE FACILITY
WITH WAIVERS TO ALLOW A FIVE-FOOT PERIMETER LANDSCAPE BUFFER ALONG
A PORTION OF THE NORTH AND SOUTH PROPERTY LINE WHERE EIGHT FEET IS
REQUIRED, AND A SEVEN-FOOT LANDSCAPE BUFFER ALONG A PORTION OF THE
EAST PROPERTY LINE WHERE 15 FEET IS REQUIRED on 0.64 acres on the west side of
Rancho Drive, approximately 215 feet north of Red Coach Avenue (APN 138-02-101-011), C-2
(General Commercial) Zone, Ward 4 (Anthony) [PRJ-71702]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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
3. Traffic Notes from City of Las Vegas 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-71761



SDR-71761


SDR 71761
Carevans, LLC

NWC Red Coach Avenue & Rancho Drive


Proposed 2.104 thousand square foot office building.

Proposed Use

Average Daily Traffic (ADT) 11.03 23


AM Peak Hour GENERAL OFFICE BUILDING [1000 SF] 2.104 1.56 3
PM Peak Hour 1.49 3

Existing traffic on nearby streets:


Rancho Drive
Average Daily Traffic (ADT) 26,995
PM Peak Hour (heaviest 60 minutes) 2,160

Lone Mountain Road


Average Daily Traffic (ADT) 14,977
PM Peak Hour (heaviest 60 minutes) 1,198

Traffic Capacity of adjacent streets:


Adjacent Street ADT Capacity
Rancho Drive 50,900
Lone Mountain Road 32,110

This project will add approximately 23 trips per day on Red Coach Ave., Rancho Dr. and Lone Mountain Rd. Currently,
Rancho is at about 53 percent of capacity and Lone Mountain is at about 47 percent of capacity. With this project, these
capacities are expected to remain unchanged. Counts are not available for Red Coach in this vicinity, but it is believed to
be under capacity.

Based on Peak Hour use, this development will add into the area roughly 3 additional cars, or about one every twenty
minutes.

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

Agenda Item No.: 13.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71786 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: MARCHE
BACCHUS - OWNER: WFT NV, LLC - For possible action on a request for a Special Use
Permit FOR A PROPOSED 6,457 SQUARE-FOOT RESTAURANT WITH ALCOHOL WITH
518 SQUARE-FOOT OF OUTDOOR SEATING AND A WAIVER TO ALLOW A ZERO-
FOOT DISTANCE SEPARATION FROM A RELIGIOUS FACILITY (SYNAGOGUE)
WHERE 400 FEET IS REQUIRED at 2620 Regatta Drive, Suite #106 (APNs 138-16-717-003,
004 and 005), C-1 (Limited Commercial) Zone, Ward 4 (Anthony) [PRJ-71218]. Staff
recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 3 Planning Commission Mtg. 5
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - SUP-71786 and SDR-71787 [PRJ-71218]
2. Conditions and Staff Report - SUP-71786 and SDR-71787 [PRJ-71218]
3. Supporting Documentation - SUP-71786 and SDR-71787 [PRJ-71218]
4. Photo(s) - SUP-71786 and SDR-71787 [PRJ-71218]
5. Justification Letter - SUP-71786 and SDR-71787 [PRJ-71218]
6. Protest/Support Postcards - SUP-71786 and SDR-71787 [PRJ-71218]
SUP-71786 and SDR-71787 [PRJ-71218]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: MARCHE BACCHUS - OWNER: WFT NV, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71786 Staff recommends APPROVAL, subject to conditions:
SDR-71787 Staff recommends APPROVAL, subject to conditions: SUP-71786

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 29

NOTICES MAILED 820

PROTESTS 3

APPROVALS 5

NE
SUP-71786 and SDR-71787 [PRJ-71218]
Conditions Page One
November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71786 CONDITIONS

Planning

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


Restaurant with Alcohol use.

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


Plan Review (SDR-71787) shall be required.

3. Conformance to the approved conditions for Reclassification of Property and Plot


Plan Review (Z-121-87).

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

5. A Waiver from Title 19.12 is hereby approved, to allow a zero-foot distance


separation from a church/house of worship where 400 feet is required.

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

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

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

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

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

NE
SUP-71786 and SDR-71787 [PRJ-71218]
Conditions Page Two
November 14, 2017 - Planning Commission Meeting

SDR-71787 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-71786) 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 10/02/17,
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 within 90 days of final approval.

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

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

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

NE
SUP-71786 and SDR-71787 [PRJ-71218]
Staff Report Page One
November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Site Development Plan Review of an existing expansion to an


established Restaurant, Beer/Wine/Cooler On-Sale Establishment, and Packaged
Liquor Off-Sale Establishment located at 2620 Regatta Drive, Suite #106. The applicant
has also proposed the conversion from a Beer/Wine/Cooler On-Sale Establishment to a
Restaurant with Alcohol.

ISSUES

These application requests are a result of Code Enforcement case number


(#176981) where a complaint was received for a non-permitted patio enclosure,
fireplace, and gas heaters.
A Site Development Plan Review is required to account for the additional indoor
and outdoor square footage constructed without building permits. Staff is
recommending approval of this request.
A Special Use Permit is required to convert the existing Beer/Wine/Cooler On-
Sale Establishment to a Restaurant with Alcohol in the C-1 (Limited Commercial)
zoning district. Staff is recommending approval of this request.
A Waiver has been requested for the Restaurant with Alcohol to allow a zero-foot
distance separation from a church/house of worship. Staff supports this request.
These applications do not affect the existing legal, nonconforming Package
Liquor Off-Sale Establishment, as the existing storefront did not expand, only the
restaurant seating area.

ANALYSIS

The subject site is an established 6,975 square-foot Restaurant (Marche Bacchus) and
Beer/Wine/Cooler On-Sale Establishment located within Desert Shores at 2620 Regatta
Drive, Suite #106. The establishment also maintains a Package Liquor Off-Sale license
that allows the restaurant to sell individual bottles of wine in their storefront at the same
location.

NE
SUP-71786 and SDR-71787 [PRJ-71218]
Staff Report Page Two
November 14, 2017 - Planning Commission Meeting

The Special Use Permit (U-0311-91) for the Package Liquor Off-Sale Establishment
was approved on February 19, 1992 by the City Council before the current non-
waivable Minimum Special Use Permit Requirement was adopted that requires a 400-
foot distance separation from a church/house of worship. This Package Liquor Off-Sale
Establishment is a legal, nonconforming use in the C-1 (Limited Commercial) zoning
district.

As stated in the justification letter, previous restaurant owners have added additional
seating areas to the rear of the restaurant without the necessary building permits. A
complaint to the Department of Planning Code Enforcement Division resulted in an
inspection that revealed the expanded floor area and patio enclosures without the
necessary building permits. The applicant is requesting a Site Development Plan
Review to account for the additional floor area in order to obtain proper building permits.
The restaurant is currently 6,457 square feet, with 518 square feet of outdoor seating.
Although the restaurant expansion and patio enclosure were completed without the
required building permits, the expanded areas are harmonious and compatible with the
development in the area and staff is recommending approval of this request.

On December 6, 2000 the City Council approved a request for a Special Use Permit (U-
0169-00) for a Restaurant Service Bar at 2620 Regatta Drive, Suite #106. The existing
Synagogue did not go through the entitlement process until 2001, which now makes the
subject alcohol use a legal, nonconforming use. Since the existing establishment is
requesting a new land entitlement for a Restaurant with Alcohol, a Waiver is now
necessary from the existing Synagogue located on the southeast corner of Breakwater
Drive and Regatta Drive. Staff is supporting this request as the subject establishment
has operated without a reported incident to the Department of Planning. Staff finds the
proposed Restaurant with Alcohol can also be operated in a manner that is harmonious
and compatible with the surrounding area.

The restaurant is currently licensed as Beer/Wine/Cooler On-Sale Establishment. The


additional seating areas added over the years now allows the subject restaurant to meet
the Minimum Special Use Permit Requirements for a Restaurant with Alcohol which
requires a minimum amount of patron seating to be 100. The subject restaurant now
provides seating for 154 patrons. Similar to the requirements of a Beer/Wine/Cooler On-
Sale Establishment, the Restaurant with Alcohol use also requires the alcohol to be
served in conjunction with a meal.

The Restaurant with Alcohol use is defined as a restaurant and bar operation with
alcoholic beverage sales in which:

NE
SUP-71786 and SDR-71787 [PRJ-71218]
Staff Report Page Three
November 14, 2017 - Planning Commission Meeting

1. The actual seating available at all times within the dining area will
accommodate at least 100 persons. For purposes of this requirement, the
dining area does not include bar stool seating at the bar or lounge
seating, but may include table or booth seating within the bar area and
table seating within a patio area;

2. Alcoholic beverages are served in the restaurant area only in conjunction


with the service of food;

3. Full-course meals are available during all hours the bar area is open to the
public;

4. A cook and food server, other than a bartender, are available at all times
the bar area is open to the public; and

5. The restaurant operation is the principal portion of the business.

The proposed use meets the definition of a Restaurant with Alcohol as the restaurant
operation is the principal portion of the business, provides seating for 100 persons, and
the alcohol is served in conjunction with the service of food.

The Minimum Special Use Permit Requirements for this use include:

1. Requirement 1: No restaurant with alcohol use 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 expansion of an existing use is located within a shopping center


that contains a variety of uses, including a church/house of worship. The
applicant has requested a Waiver of this distance separation requirement. Staff
supports this request.

2. Requirement 2: Except as otherwise provided in Requirement 3 below, the


minimum distances referred to in Requirement 1 shall be determined with
reference to the shortest distance between two property lines, one being the
property line of the proposed restaurant with alcohol 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 restaurant with alcohol.
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

NE
SUP-71786 and SDR-71787 [PRJ-71218]
Staff Report Page Four
November 14, 2017 - Planning Commission Meeting

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

The proposed expansion of an existing use is located within the same shopping
center as a church/house of worship which has resulted in a zero-foot distance
separation. The applicant has requested a Waiver of this distance separation
requirement. Staff supports this request.

3. Requirement 3: Except as otherwise provided in Requirement 3 below, the


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

The proposed expansion of an existing use is located within the same shopping
center as a church/house of worship which has resulted in a zero-foot distance
separation. The applicant has requested a Waiver of this distance separation
requirement. Staff supports this request.

4. Requirement 4: When considering a Special Use Permit application for a


restaurant with alcohol which also requires a waiver of the distance limitation in
Requirement 1, the Planning Commission shall take into consideration the
distance policy and shall, as part of its recommendation to the City Council, state
whether the distance requirement should be waived and the reasons in support
of the decision.

The subject site is a shopping center that was designed to accommodate a


variety of uses, including a Restaurant with Alcohol. Staff is recommending
approval of the Waiver request.

NE
SUP-71786 and SDR-71787 [PRJ-71218]
Staff Report Page Five
November 14, 2017 - Planning Commission Meeting

5. Requirement 5: The minimum distance requirement in Requirement 1 does not


apply to an establishment which has a nonrestricted gaming license in
connection with a hotel having 200 or more guest rooms on or before July 1,
1992, or in connection with a resort hotel having in excess of 200 guest rooms
after July 1, 1992.

This requirement is not applicable.

6. Requirement 6: The parcel or use is operated or controlled by an agency or


subdivision of local, state or federal government. (C-V only)

This requirement is not applicable.

7. Requirement 7: All businesses which sell alcoholic beverages shall conform to


the provisions of LVMC Chapter 6.50.

The subject site will be subject to regular inspections to ensure compliance with
LVMC Chapter 6.50.

Staff finds the existing, expanded Restaurant and alcohol use(s) operate in a manner
that is harmonious and compatible with the existing surrounding commercial and
residential uses; therefore staff is recommending approval of both the Site Development
Plan Review and the Special Use Permit with a Waiver of the minimum distance
separation requirement.

FINDINGS (SUP-71786)

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

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


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

The subject site is a shopping center surrounded by single family residences and
a private lake. The shopping center was designed to accommodate a multitude of
uses to serve the area residents. A Restaurant with Alcohol can be conducted in a
manner that is harmonious and compatible with the existing surrounding land
uses.

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

NE
SUP-71786 and SDR-71787 [PRJ-71218]
Staff Report Page Six
November 14, 2017 - Planning Commission Meeting

The subject site is an established shopping center with a variety of uses and is
physically suited for a Restaurant with Alcohol.

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


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

Site access is provided by a single driveway from Breakwater Drive, and two
driveways from Regatta Drive. Both Breakwater Drive and Regatta Drive are local
streets designed to carry a combination of light commercial and residential traffic,
and are adequate in size for the entire shopping center.

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

The subject site is subject to regular inspections by both the Department of


Planning Business Licensing Division and the Southern Nevada Health District
ensuring the public health, safety, and welfare will not be compromised.

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

The use was not able to meet Condition of Approval number one (1), and the
subject site is a shopping center with a variety of uses including a Synagogue.
The applicant is requesting a Waiver of the distance separation requirement. Staff
supports this request.

FINDINGS (SDR-71787)

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

1. The proposed development is compatible with adjacent development and


development in the area;

The subject additions are compatible with the existing shopping center 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;

NE
SUP-71786 and SDR-71787 [PRJ-71218]
Staff Report Page Seven
November 14, 2017 - Planning Commission Meeting

The subject additions were completed without proper building permits, thus
violating City policies and standards. These applications are the first step in
correcting these violations and obtaining the necessary building permits.

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


neighborhood traffic;

Site access and circulation is not altered by these applications and will not
negatively impact adjacent roadways or neighborhood traffic. In a report prepared
by the Traffic Division of Public Works, the proposed Restaurant with Alcohol will
add approximately 122 trips per day to Regatta Drive and Breakwater Drive.
Currently, Regatta Drive is at approximately 36 percent of capacity with
Breakwater Drive at approximately seven percent of capacity. The proposed
project will impact the adjacent roadways minimally as Regatta Drive will rise to
approximately 37 percent of capacity, and Breakwater Drive will rise to
approximately eight percent of capacity.

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

Building materials used for the patio additions are appropriate for the area and are
compatible with the main structure. No landscaping materials were added as part
of the additions.

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 architectural features of the enclosed patios are not unsightly or obnoxious in
appearance and create an aesthetically pleasing environment.

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

A Condition of Approval has been added to ensure the proper building permits are
obtained from the Department of Building & Safety within 90 days of final approval
for the subject additions and enclosures to secure and protect the public health,
safety and general welfare.

NE
SUP-71786 and SDR-71787 [PRJ-71218]
Staff Report Page Eight
November 14, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

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


A Resolution of Intent was adopted for Reclassification of Property (Z-
121-87) located on the west side of Buffalo Drive, between Lake Mead
01/06/88
Boulevard and Cheyenne Avenue from N-U (Non-Urban) to R-PD5
(Residential Planned Development) and C-1 (Limited Commercial).
The Planning Commission approved a request for a Plot Plan Review
(Z-0121-87) regarding a proposed commercial center on property
01/24/89
located on the southeast corner of Breakwater Drive and Regatta
Drive.
The City Council approved a request for a Special Use Permit (U-
02/19/92 0311-91) to allow package liquor sales in conjunction with a proposed
market on property located at 2600 Regatta Drive.
The City Council approved a request for a Special Use Permit (U-
12/06/00 0169-00) for a Restaurant Service Bar at 2620 Regatta Drive, Suite
#106.
The City Council approved a request for a Variance (V-0073-01) to
allow 315 parking spaces where 405 parking spaces are required on
property located on the southeast corner of Breakwater Drive and
Regatta Drive.
12/19/01
The City Council approved a request for a Site Development Plan
Review [Z-0121-87(1)] to allow a proposed 8,325 square-foot
Synagogue on property located adjacent to the southeast corner of
Regatta Drive and Breakwater Drive.
The City Council approved a request for an Extension of Time (EOT-
3251) of an approved Variance (V-0073-01) which allowed 315 parking
01/21/04 spaces where 405 parking spaces are required on property located
adjacent to the southeast corner of Regatta Drive and Breakwater
Drive.
Code Enforcement received a complaint (#176981) for a non-permitted
patio enclosure, fireplace, and gas heaters at 2620 Regatta Drive,
04/04/17
Suite #106. The case remains open pending resolution of these
applications and subsequent necessary building permits.

Most Recent Change of Ownership


12/03/14 A deed was recorded for a change in ownership.

NE
SUP-71786 and SDR-71787 [PRJ-71218]
Staff Report Page Nine
November 14, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


A business license (R09-01034) was issued for a Restaurant at 2620
10/27/98 Regatta Drive, Suite #106. The license was in delinquent status as of
10/25/17.
A business license (L09-00174) was issued for a Beer/Wine/Cooler at
2620 Regatta Drive, Suite #106. The license is active as of 10/25/17.
03/23/01
A business license (L15-00110) was issued for a Beer/Wine/Cooler at
2620 Regatta Drive, Suite #106. The license is active as of 10/25/17.
A building permit (#92441) was issued for a kitchen hood extinguishing
06/22/07 system at 2620 Regatta Drive, Suite #106. The permit received its final
inspection on 11/17/09.
A building permit (#133291) was issued for 1,471 square feet of shade
12/07/09 structures at 2620 Regatta Drive, Suite #106. The permit received its
final inspection on 04/14/10.
A building permit (#149791) was issued for a sprinkler system tenant
12/09/09 improvement at 2620 Regatta Drive, Suite #106. The permit received
its final inspection on 03/24/10.
A business license (L18-00047) was issued for a Alcohol Beverage
12/11/09 Caterer at 2620 Regatta Drive, Suite #106. The license is active as of
10/25/17.
A building permit (#195891) was issued for a tenant improvement at
09/19/11
2620 Regatta Drive, Suite #106. The permit expired on 03/19/12.
A building permit (#258796) was issued for a tenant improvement at
04/21/14 2620 Regatta Drive, Suite #106. The permit received its final
inspection on 09/02/15.
A building permit (#286358) was issued for a hood system modification
04/30/15 at 2620 Regatta Drive, Suite #106. The permit received its final
inspection on 01/08/16.

Pre-Application Meeting
Staff conducted pre-application meetings where the submittal
requirements for the Site Development Plan Review and Special Use
06/19/17 and
Permit were discussed. Discussions also occurred in regards to the
07/11/17
non-permitted structures and the building permits needed for the
additional floor area.

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

NE
SUP-71786 and SDR-71787 [PRJ-71218]
Staff Report Page Ten
November 14, 2017 - Planning Commission Meeting

Field Check
During a routine field check staff observed the existing restaurant
10/26/17 located within an existing shopping center. The shopping center was
well-maintained, and free of graffiti and debris.

Details of Application Request


Site Area
Net Acres 2.84

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
Detached Residential) R-PD5 (Residential
North PR-OS Planned Development
Private Lake (Park/Recreation/Open 5 Units Per Acre)
Space)
Single Family, L (Low Density
Detached Residential) R-PD5 (Residential
South PR-OS Planned Development
Private Club (Park/Recreation/Open 5 Units Per Acre)
Space)
PR-OS R-PD5 (Residential
East Private Lake (Park/Recreation/Open Planned Development
Space) 5 Units Per Acre)
R-PD5 (Residential
Single Family, L (Low Density
West Planned Development
Detached Residential)
5 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 200 Feet Y

NE
SUP-71786 and SDR-71787 [PRJ-71218]
Staff Report Page Eleven
November 14, 2017 - Planning Commission Meeting

Other Plans or Special Requirements Compliance


Desert Shores 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

Pursuant to Title 19.08, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Setbacks
Side 10 Feet 5 Feet Y*
*The subject site is a legal, nonconforming Shopping Center as Plot Plan Review (Z-0121-
87) approved on January 24, 1989 by the Planning Commission established the setback
requirements.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Regatta Drive Local Street Title 13 52 Y
Breakwater
Local Street Title 13 55 Y
Drive

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
Shopping
75,393 1:250 SF 302
Center
TOTAL SPACES REQUIRED 302 323 Y
Regular and Handicap Spaces Required 294 8 315 8 Y

NE
SUP-71786 and SDR-71787 [PRJ-71218]
Staff Report Page Twelve
November 14, 2017 - Planning Commission Meeting

Waivers
Requirement Request Staff Recommendation
No Restaurant with Alcohol
use shall be located within To be located zero
400 feet of any church/house feet from a
Approval
of worship, school, individual church/house of
care center licensed for more worship.
than 12 children, or City park.

NE
SUP-71786



SUP-71786




SUP-71786 and SDR-71787


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SUP-71786 and SDR-71787


SUP-71786 [PRJ-71218] - SPECIAL USE PERMIT RELATED TO SDR-71787 - APPLICANT: MARCHE BACCHUS -
OWNER: WFT NV, LLC
2620 REGATTA DRIVE, SUITE #106
10/05/17
SUP-71786 [PRJ-71218] - SPECIAL USE PERMIT RELATED TO SDR-71787 - APPLICANT: MARCHE BACCHUS -
OWNER: WFT NV, LLC
2620 REGATTA DRIVE, SUITE #106
10/05/17

SUP-71786 and SDR-71787



SUP-71786 and SDR-71787


Agenda Item No.: 14.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SDR-71787 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-71786 - PUBLIC
HEARING - APPLICANT: MARCHE BACCHUS - OWNER: WFT NV, LLC - For possible
action on a request for a Site Development Plan Review FOR A 2,863 SQUARE-FOOT
BUILDING ADDITION TO AN EXISTING 70,144 SQUARE-FOOT SHOPPING CENTER on
4.58 acres at 2620 Regatta Drive, Suite #106 (APN Multiple), C-1 (Limited Commercial) Zone,
Ward 4 (Anthony) [PRJ-71218]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 3 Planning Commission Mtg. 5
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 City of Las Vegas 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-71787



SDR-71787


SDR 71787
Marche Bacchus

2620 Regatta Drive


Proposed 2.863 thousand square foot expansion of an existing 70.144 thousand square foot retail development.

Existing Use

Average Daily Traffic (ADT) 42.70 2,995


SHOPPING CENTER/GENERAL RETAIL
AM Peak Hour [1000 SF]
70.144 0.96 67
PM Peak Hour 3.71 260

Proposed Expansion

Average Daily Traffic (ADT) 42.70 122


SHOPPING CENTER/GENERAL RETAIL
AM Peak Hour [1000 SF]
2.863 0.96 3
PM Peak Hour 3.71 11

Total Use

Average Daily Traffic (ADT) 42.70 3,117


SHOPPING CENTER/GENERAL RETAIL
AM Peak Hour [1000 SF]
73.007 0.96 70
PM Peak Hour 3.71 271

Existing traffic on nearby streets:


Regatta Drive
Average Daily Traffic (ADT) 5,832
PM Peak Hour (heaviest 60 minutes) 467

Breakwater Drive
Average Daily Traffic (ADT) 1,186
PM Peak Hour (heaviest 60 minutes) 95

Traffic Capacity of adjacent streets:


Adjacent Street ADT Capacity
Regatta Drive 15,990
Breakwater Drive 15,990

This project will add approximately 122 trips per day on Regatta Dr. and Breakwater Dr. Currently, Regatta is at about 36
percent of capacity and Breakwater is at about 7 percent of capacity. With this project, Regatta is expected to be at about
37 percent of capacity and Breakwater to be at about 8 percent of capacity.

Based on Peak Hour use, this development will add into the area roughly 11 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.: 15.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71921 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: CITY
OF LAS VEGAS - For possible action on a request for Special Use Permit FOR AN
ALTERNATIVE PARKING ANALYSIS TO ALLOW 36 PARKING SPACES WHERE 46
SPACES ARE REQUIRED FOR A PROPOSED GOVERNMENT FACILITY (FIRE
STATION) at 2645 West Washington Avenue (APN 139-29-702-003), C-1 (Limited
Commercial) Zone, Ward 5 (Barlow) [PRJ-71580]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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 - SUP-71921 and SDR-71773 [PRJ-71580]
2. Conditions and Staff Report - SUP-71921 and SDR-71773 [PRJ-71580]
3. Supporting Documentation - SUP-71921 and SDR-71773 [PRJ-71580]
4. Photo(s) - SUP-71921 and SDR-71773 [PRJ-71580]
5. Justification Letter - SUP-71921 and SDR-71773 [PRJ-71580]
SUP-71921 and SDR-71773 [PRJ-71580]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71921 Staff recommends APPROVAL, subject to conditions:

SDR-71773 Staff recommends APPROVAL, subject to conditions: SUP-71921

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 22

NOTICES MAILED 256

PROTESTS 0

APPROVALS 0

FS
SUP-71921 and SDR-71773 [PRJ-71580]
Conditions Page One
November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71921 CONDITIONS

Planning

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


Plan Review (SDR-71773) shall be required.

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

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

4. These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit, 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-71773 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-71921) 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.

FS
SUP-71921 and SDR-71773 [PRJ-71580]
Conditions Page Two
November 14, 2017 - Planning Commission Meeting

3. All development shall be in conformance with the site plan, landscape plan, and
building elevations, date stamped 10/04/17 except as amended by conditions
herein.

4. A Waiver from Title 19.08 is hereby approved, to allow a two-foot wide landscape
buffer area along portions of the east and west property lines where eight feet is
required; to allow a 12-foot wide buffer along the north property line where 15 feet
is required; to allow a 10-foot buffer along the south property line where 15-feet is
required; and to allow shade structures/carports to encroach into the required
landscape buffer area along the east and west property lines.

5. A Waiver from Title 19.08 is hereby approved to allow 13 perimeter trees where 36
are required.

6. An Exception from Title 19.08 is hereby approved, to allow zero parking lot
landscape island/trees where six are required.

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

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

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

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

Public Works

11. Correct all Americans with Disabilities Act (ADA) deficiencies, if any, on the
sidewalk along West Washington Avenue and Ernest May Lane 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.

12. Prior to the submittal of civil improvement plans, meet with the Traffic Engineering
Section of the Department of Public Works to ensure that fire trucks will not back
up into the public right-of-way.

FS
SUP-71921 and SDR-71773 [PRJ-71580]
Conditions Page Three
November 14, 2017 - Planning Commission Meeting

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

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

FS
SUP-71921 and SDR-71773 [PRJ-71580]
Staff Report Page One
November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The request is for a 13,513 square-foot Government Facility (Fire Station) with an
alternative parking standard at 2645 West Washington Avenue. The proposed fire
station will be a replacement for the existing fire station on the subject site.

ISSUES

A Special Use Permit has been requested for an Alternative Parking Standard to
allow 36 parking spaces where 46 are required. Staff recommends approval of the
request.
A Site Development Plan Review has been requested for a 13,513 square-foot fire
station replacement. Staff recommends approval of the request.
Perimeter landscape waivers and a parking lot landscape exception have been
requested to allow for the reduction of landscape buffer widths, perimeter trees, and
parking lot trees to accommodate the requirements associated with vehicle ingress
and egress, the inclusion of fire apparatus shade structure, carports, and a public art
sculpture. Staff recommends approval of the request.

ANALYSIS

The request is for a 13,513 square-foot fire station at 2645 West Washington Avenue.
The proposed station will replace the existing Fire Station #3 which currently occupies
the subject site. The site, which will not be open to the general public, will receive
access from both Washington Avenue and Earnest May Lane. The entry from Earnest
May Lane will be gated for controlled access by station personnel.

A Special Use Permit has been submitted to allow an alternative parking standard to
allow 36 parking spaces where 46 are required. Per Title 19.18, where the unique
operation of a particular use creates a lesser parking demand than the parking
requirements otherwise applicable under Title 19.12, an alternative parking standard for
the use may be established in conjunction with the submittal of a Parking Demand
Analysis. The Parking Demand Analysis must be signed and sealed by a professional
traffic engineer, must document the weekday and weekend peak parking demand for
the proposed use for the site, and must provide justification for the alternative parking
standard.

FS
SUP-71921 and SDR-71773 [PRJ-71580]
Staff Report Page Two
November 14, 2017 - Planning Commission Meeting

The Government Facility use mandates that one space be provided per 300 square feet
of building area, which results in a minimum of 46 required parking spaces. The
operation of a fire station is unique in that the facility is not open to the general public,
and on-site parking will only be utilized by the employees of the station. The Fire and
Rescue Department has indicated that the typical shift is 16 employees, with the
maximum parking demand occurring during shift changes where 32 spaces would be
required. The submitted Parking Demand Analysis indicates the following parking
demand:

Day of the Week Parking Demand based on Daily Shift Change


Monday 32 parking spaces
Tuesday 32 parking spaces
Wednesday 32 parking spaces
Thursday 32 parking spaces
Friday 32 parking spaces
Saturday 32 parking spaces
Sunday 32 parking spaces

As the station will not be open to the general public, and the 36 parking spaces provided
exceeds the peak parking demand as indicated by the Parking Demand Analysis, staff
recommends approval of the Special Use Permit request.

The landscape plan depicts a deficiency in the amount of perimeter landscaping along
all property lines and waivers are being requested to provide relief from these
requirements. A two-foot wide buffer area is being provided along portions of the east
and west property lines where eight feet is required, a 12-foot wide landscape buffer is
being provided along the north property line where 15 feet is required, a 10-foot wide
landscape buffer is being provided along the south property line where 15 feet is
required. A waiver is being requested to allow an encroachment into the required
landscape buffer area by carports and a fire apparatus shade structure along the east
and west property lines where such is not permitted. A total of 13 perimeter trees are
being provided where 36 are required. The reduction of perimeter landscaping is
justified as additional site visibility is required for truck ingress and egress along both
street frontages, and to allow for the shade structures, generators and other mechanical
equipment associated with the general operation of a fire station. The reduction of
street trees along the north property line is also beneficial as it increases the visibility of
a public art sculpture that will be on display at the station. An exception is being
requested to allow zero parking lot trees where six are required. The exception is
justified due to the need for open areas to allow the maneuvering of trucks and fire
equipment within the southern parking lot.

FS
SUP-71921 and SDR-71773 [PRJ-71580]
Staff Report Page Three
November 14, 2017 - Planning Commission Meeting

The building elevations depict a 29-foot tall fire station with a pitched roof line and
photovoltaic panels. The exterior building materials consist of an Exterior Insulation
Finishing System (EISF) material in light desert tones. Vehicle access is provided by
four bay doors on the north and south sides of the building. In keeping with the Citys
sustainability goals, the Department of Public Works has indicated that this building will
be constructed with the goal of obtaining a LEED certification.

This fire station replacement is an aesthetic enhancement to the existing site, and will
allow for continued ISO Class 1 fire protection service in the local area. Staff
recommends approval of the Site Development Plan Review and all associated waiver
requests.

FINDINGS (SUP-71921)

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 reduction of required parking proposed by the Alternative Parking


Standard request does not have an effect on surrounding land uses.

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

The subject site is physically suitable for the 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.

The street facilities providing access to the property are adequate in size to meet
the requirements of the proposed use.

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

Approval of the Alternative Parking Standard will not compromise the public
health, safety and welfare, or the overall objections of the General Plan.

FS
SUP-71921 and SDR-71773 [PRJ-71580]
Staff Report Page Four
November 14, 2017 - Planning Commission Meeting

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

There are no additional conditions associated with the Alternative Parking


Standard request.

FINDINGS (SDR-71773)

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 fire station is 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;

With the approval of the requested alternative parking standard, landscape


waivers, and parking lot exception, the development is consistent with the General
Plan, Title 19, and other duly-adopted city plans, policies and standards.

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


neighborhood traffic;

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;

The building and landscape material are appropriate for the area and for the City.

5. Building elevations, design characteristics and other architectural and


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

The building elevations are not unsightly, undesirable or obnoxious in


appearance, and are harmonious and the compatible with development in the
area.

FS
SUP-71921 and SDR-71773 [PRJ-71580]
Staff Report Page Five
November 14, 2017 - Planning Commission Meeting

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

The site will be subject to building inspections and therefore the public health,
safety and general welfare are protected.

BACKGROUND INFORMATION

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


The Board of City Commissioner approved a rezoning of the subject
09/13/1956 property from R-1 (Single Family Residential) to C-1 (Limited
Commercial) as a part of a larger request.

Most Recent Change of Ownership


05/24/1979 A deed was recorded for a change in ownership.

Pre-Application Meeting
A pre-application meeting was held and general Site Development
08/30/17
Plan Review and Special Use Permit requirements were discussed.

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

Field Check
A field check was conducted and the site is currently occupied with an
09/28/17
operating fire station.

Details of Application Request


Site Area
Net Acres 1.50

FS
SUP-71921 and SDR-71773 [PRJ-71580]
Staff Report Page Six
November 14, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Government
Subject M (Medium Density C-1 (Limited
Facility (Fire
Property Residential) Commercial)
Station)
General Retail LI/R (Light R-PD8 (Residential
Store, Other Than Industry/Research); Planned Development
North
Listed; Single ML (Medium-Low 8 Units per Acre); C-1
Family Residential Density Residential) (Limited Commercial)
Auto Parts (New SC (Service C-1 (Limited
South
and Rebuilt) Commercial) Commercial)
Multi-family H (High Density C-1 (Limited
East
Residential Residential) Commercial)
Undeveloped, SC (Service C-1 (Limited
West
Restaurant Commercial) Commercial)

Master and Neighborhood Plan Areas Compliance


West Las Vegas Plan Y
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

DEVELOPMENT STANDARDS

Pursuant to 19.08, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Width 100 Feet 100 Feet Y
Min. Setbacks Y
Front 10 Feet 179 Feet Y
Side 10 Feet 15 Feet Y
Rear 20 Feet 60 Feet Y

FS
SUP-71921 and SDR-71773 [PRJ-71580]
Staff Report Page Seven
November 14, 2017 - Planning Commission Meeting

Standard Required/Allowed Provided Compliance


Max. Lot Coverage 50 % 21 % Y
Max. Building Height N/A 30 Feet Y
Screened,
Gated, w/ a
Trash Enclosure Y
Screened, Gated, w/ a Roof or
Roof or Trellis 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:
North 1 Tree / 20 Linear Feet 6 Trees 2Trees N
South 1 Tree / 20 Linear Feet 4 Trees 1 Trees N
East 1 Tree / 30 Linear Feet 11 Trees 5 Trees N
West 1 Tree / 30 Linear Feet 15 Trees 5 Trees N
TOTAL PERIMETER TREES 36 Trees 13 Trees N
1 Tree / 6 Uncovered
Parking Area Spaces, plus 1 tree at the
6 Trees 0 Trees N
Trees end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North 15 Feet 12 Feet N
South 15 Feet 10 Feet N
East 8 Feet 2 Feet N
West 8 Feet 2 Feet N

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Washington Planned Streets and
Collector 80 Y
Avenue Highways Map
Earnest May
Local Street Title 13 60 Y
Lane

FS
SUP-71921 and SDR-71773 [PRJ-71580]
Staff Report Page Eight
November 14, 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
Government
13,513 sf 1:300 sf 45
Facility

TOTAL SPACES REQUIRED 45 N*


Regular and Handicap Spaces Required 43 2 34 2 N*
Percent Deviation 20%
*Alternative Parking Standard request submitted through SUP-71921

Waivers
Requirement Request Staff Recommendation
8-foot wide perimeter A two-foot wide buffer
landscape buffer and one area along portions of the
tree planted every 30 feet on- east and west property Approval
center along the east and lines and a reduction of
west property lines. required buffer trees.
A 12-foot wide buffer
15-foot wide perimeter
along the north property
landscape buffer and one
line, and a 10-foot buffer
tree planted every 20 feet on- Approval
along the south property
center along the north and
line and a reduction of
south property lines.
required buffer trees.
Shade structure/carports To allow shade structures
cannot encroach into the to encroach into the
Approval
required landscape buffer required landscape buffer
area area.

Exceptions
Requirement Request Staff Recommendation
One landscape island for
every six parking spaces Zero parking lot trees
planted with one 24-inch box where six are Approval
tree and four five gallon required.
shrubs.

FS
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SUP-71921 and SDR-71773


SUP-71921 [PRJ-71580] - SPECIAL USE PERMIT RELATED TO SDR-71773 - APPLICANT/OWNER: CITY OF LAS
VEGAS
2645 WEST WASHINGTON AVENUE
10/05/17
SUP-71921 [PRJ-71580] - SPECIAL USE PERMIT RELATED TO SDR-71773 - APPLICANT/OWNER: CITY OF LAS
VEGAS
2645 WEST WASHINGTON AVENUE
10/05/17

SUP-71921 and SDR-71773 - REVISED



SUP-71921 and SDR-71773 - REVISED


Agenda Item No.: 16.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SDR-71773 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-71921 - PUBLIC
HEARING - APPLICANT/OWNER: CITY OF LAS VEGAS - For possible action on a request
for a Site Development Plan Review FOR A PROPOSED 13,513 SQUARE-FOOT
GOVERNMENT FACILITY (FIRE STATION) WITH WAIVERS TO ALLOW A TWO-FOOT
PERIMETER LANDSCAPE BUFFER WIDTH ALONG PORTIONS OF THE EAST AND
WEST PROPERTY LINES WHERE EIGHT FEET IS REQUIRED, A TEN-FOOT
PERIMETER LANDSCAPE BUFFER WIDTH ALONG THE SOUTH PROPERTY LINE
WHERE FIFTEEN FEET IS REQUIRED, A TWELVE-FOOT PERIMETER LANDSCAPE
BUFFER WIDTH ALONG THE NORTH PROPERTY LINE WHERE FIFTEEN FEET IS
REQUIRED, AND TO ALLOW SHADE STRUCTURES TO ENCROACH INTO THE
REQUIRED LANDSCAPE BUFFER AREA WHERE SUCH IS NOT ALLOWED at 2645
West Washington Avenue (APN 139-29-702-003), C-1 (Limited Commercial) Zone, Ward 5
(Barlow) [PRJ-71580]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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
3. Justification Letter
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-71773



SDR-71773

SDR-71773

SDR-71773

SDR-71773
Agenda Item No.: 17.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71648 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: EDWARD
HOMES, INC. - OWNER: CALIFORNIA LOFT PARTNERS, LLC - For possible action on a
request for a Special Use Permit FOR A PROPOSED 2,157 SQUARE-FOOT
BEER/WINE/COOLER OFF-SALE ESTABLISHMENT USE at 197 East California Street,
Suite #140 (APN 162-03-105-009), C-1 (Limited Commercial) Zone, Ward 3 (Coffin) [PRJ-
71482]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 5
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Support Postcards
SUP-71648 [PRJ-71482]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: EDWARD HOMES, INC. - OWNER:
CALIFORNIA LOFT PARTNERS, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71648 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 27

NOTICES MAILED 342

PROTESTS 0

APPROVALS 5

SS
SUP-71648 [PRJ-71482]
Conditions Page One
November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71648 CONDITIONS

Planning

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


Beer/Wine/Cooler Off-Sale use.

2. Conformance to the approved conditions for Site Development Plan Review (SDR-
57026).

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-71648 [PRJ-71482]
Staff Report Page One
November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to add beer and wine sales for off-premise consumption to a
new 2,157 square-foot General Retail Store (Convenience Store) at 197 East California
Street, Suite #140.

ISSUES

x The Beer/Wine/Cooler Off-Sale Establishment use is permitted in 18b The Las


Vegas Arts District by reference to Title 19.12.
x A Beer/Wine/Cooler Off-Sale Establishment use is permitted in the C-1 (Limited
Commercial) zoning district with the approval of a Special Use Permit.

ANALYSIS

The proposed Beer/Wine/Cooler Off-Sale Establishment use will be located in a new


building tenant space within a larger retail and office building. The parcel is located
within 18b The Las Vegas Arts District. The list of permitted uses in this district was
recently amended to include Beer/Wine/Cooler Off-Sale Establishment as a permitted
use on parcels within the C-1 (Limited Commercial) zoning district with approval of a
Special Use Permit. There are no protected uses within the required 400-foot distance
separation radius of the subject parcel.

The Beer/Wine/Cooler Off-Sale use is defined by Title 19.18 as an establishment


whose license to sell alcoholic beverages is limited to the sale of beer, wine and coolers
to consumers only and not for resale, in original sealed or corked containers, for
consumption off the premises where the same are sold, and is operated in connection
with a grocery store, drug store, convenience store or specialty merchandise store.
The proposed use meets the definition, as the applicants request is for the sale of
packaged beer, wine and wine coolers for consumption off the premises in connection
with a proposed convenience store.

The Minimum Special Use Permit Requirements for this use are included in Title 19.12
as referenced by the Downtown Centennial Plan and include the following (an asterisk
indicates that this is a nonwaivable use):

SS
SUP-71648 [PRJ-71482]
Staff Report Page Two
November 14, 2017 - Planning Commission Meeting

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


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

The proposed use meets this requirement, as there are no protected uses within
400 feet of the proposed use.

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


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

a. Any leasehold parcel; or


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

The proposed use meets this requirement, as the distance separation has been
measured from the property line of the parcel containing the proposed
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 Requirement 1 shall be
measured in a straight line:

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

This requirement does not apply to the proposed use, as the parcel on which it is
proposed is less than 80 acres in size.

SS
SUP-71648 [PRJ-71482]
Staff Report Page Three
November 14, 2017 - Planning Commission Meeting

4. When considering a Special Use Permit application for an establishment which


also requires a waiver of the distance limitation in Requirement 1, the Planning
Commission shall take into consideration the distance policy and shall, as part of
its recommendation to the City Council, state whether the distance requirement
should be waived and the reasons in support of the decision.

This requirement does not apply to the proposed use, as no distance separation
waiver is necessary.

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


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

Neither of the above conditions apply to the proposed use.

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

A condition of approval has been added to ensure this requirement is met.

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


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

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


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

SS
SUP-71648 [PRJ-71482]
Staff Report Page Four
November 14, 2017 - Planning Commission Meeting

This requirement does not apply, as no waiver of distance separation is


necessary.

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


the Pedestrian Mall, as defined in LVMC Chapter 11.68.

The proposed use meets this requirement, as the subject site is not located on or
adjacent to the Pedestrian Mall.

The submitted floor plan indicates that beer, wine and wine coolers would be located on
shelves and within a bank of coolers along two walls of the convenience store. As the
store will be located on a corner, there are two entrances to the tenant space, one on
each frontage.

The proposed use is located within a proposed convenience store attached to other
office and retail uses within an existing building. There are no other such
establishments in this area, and this establishment meets all distance separation
requirements from protected uses. The use can be conducted in a manner that is
harmonious and compatible with the adjacent commercial uses in the area. Staff
therefore recommends approval, subject to conditions.

FINDINGS (SUP-71648)

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 located within a proposed convenience store attached to


other office and retail uses within an existing building. There are no other such
establishments in this area, and this establishment meets all distance separation
requirements from protected uses. The site is surrounded by other retail and
office uses that are zoned for such uses.

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

The subject site can accommodate the proposed Beer/Wine/Cooler Off-Sale


Establishment use as well as other retail and office uses. No additional parking is
required with the addition of this use.

SS
SUP-71648 [PRJ-71482]
Staff Report Page Five
November 14, 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.

Access to the site is from Casino Center Boulevard and California Street,
designated as Major Collectors by the Master Plan of Streets and Highways.
These roadway are adequate to meet the requirements of the proposed
Beer/Wine/Cooler Off-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 site will be subject to licensing and inspection and therefore will not
compromise 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 Off-sale Establishment use meets all
requirements of Title 19.12 as referenced to by the Downtown Centennial Plan.

BACKGROUND INFORMATION

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


The Planning Commission approved a Site Development Plan Review
(SDR-57026) for a proposed 20,916 square-foot commercial building
01/13/15
on 0.34 acres at 197 East California Street. Staff recommended
approval.
A Final Map (FMP-60268) to revert two platted lots to acreage on 0.32
03/10/17 acres at the southwest corner of California Street and Casino Center
Boulevard was recorded.
The City Council adopted Ordinance 6573, which amended the
Downtown Centennial Plan to replace the list of permitted uses for 18b
04/05/17
The Las Vegas Arts District with a reference to the land use tables for
Title 19.

Most Recent Change of Ownership


12/17/14 A deed was recorded for a change in ownership.

SS
SUP-71648 [PRJ-71482]
Staff Report Page Six
November 14, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


A building permit (287497) was issued for a three-story shell building
09/02/15 with mezzanine at 197 East California Street. A final building
inspection was completed 04/04/17.
A building permit (C17-01809) was issued for a tenant improvement
10/12/17 for a convenience store at 197 East California Street, Suite #140. A
final inspection has not been completed.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
submittal requirements for a Special Use Permit application. It was
08/21/17 noted that no permit has yet been issued for the convenience store
tenant improvement, and an official suite number will be assigned as
the building plans are being reviewed.

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

Field Check
The site contains a new building constructed to the sidewalk along
both Casino Center Boulevard and California Street. The suite
10/05/17 number of the corner tenant space was visible over two entry
doorways along California Street. Above ground utilities are located
in the sidewalk.

Details of Application Request


Site Area
Net Acres 0.32

SS
SUP-71648 [PRJ-71482]
Staff Report Page Seven
November 14, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
General Retail
Store
Subject C-1 (Limited
Office, Other than MXU (Mixed Use)
Property Commercial)
Listed
Restaurant
C-1 (Limited
North Hotel MXU (Mixed Use)
Commercial)
C-1 (Limited
South Undeveloped MXU (Mixed Use)
Commercial)
General Retail C-1 (Limited
East MXU (Mixed Use)
Store Commercial)
General Retail C-M
West C (Commercial)
Store (Commercial/Industrial)

Master and Neighborhood Plan Areas Compliance


Downtown Centennial Plan Y
18b The Las Vegas Arts District Y
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 (Pedestrian Path Casino Center Boulevard) 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

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
California St Major Collector Streets and 74 Y
Highways Map
Master Plan of
Casino Center
Major Collector Streets and 80 Y
Blvd
Highways Map

SS
SUP-71648 [PRJ-71482]
Staff Report Page Eight
November 14, 2017 - Planning Commission Meeting

Parking Requirement - Downtown


Gross Floor Base Parking Requirement Provided Compliance
Area or Parking Parking
Use Parking
Number of Handi- Handi-
Units Ratio Regular Regular
capped capped
1 space
General
5,229 SF per 175 30
Retail Store
SF GFA
1 space
Office, Other
5,229 SF per 300 18
Than Listed
SF GFA
1 space
per 50
SF
seating
Restaurant
and
(60% 10,458 SF 147
waiting
seating)
plus 1
space
per 200
SF
TOTAL SPACES REQUIRED 195 13 N
Regular and Handicap Spaces Required 189 6 12 1 N
Projects located within the Las Vegas Downtown Centennial Plan area are not subject to the
automatic application of parking requirements. However, the above table should be used to
illustrate the requirements of an analogous project in another location in the City. The above
parking analysis applies to the entire building as approved through a previously approved
Site Development Plan Review (SDR-57026). No additional parking spaces are required for
the Beer/Wine/Cooler On-Sale Establishment use.

SS
SUP-71648



SUP-71648

SUP-71648

SUP-71648
SUP-71648 [PRJ-71482] - SPECIAL USE PERMIT - APPLICANT: EDWARD HOMES, INC. - OWNER: CALIFORNIA
LOFT PARTNERS, LLC
197 EAST CALIFORNIA STREET, SUITE #140
10/05/17
SUP-71648 [PRJ-71482] - SPECIAL USE PERMIT - APPLICANT: EDWARD HOMES, INC. - OWNER: CALIFORNIA
LOFT PARTNERS, LLC
197 EAST CALIFORNIA STREET, SUITE #140
10/05/17
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SUP-71648
Agenda Item No.: 18.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71732 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: LARSA
MARKET - OWNER: BUFFALO ALTA CENTER, LLC - For possible action on a request for a
Special Use Permit FOR A PROPOSED 1,541 SQUARE-FOOT BEER/WINE/COOLER OFF-
SALE ESTABLISHMENT USE WITHIN AN EXISTING GENERAL RETAIL USE
(CONVENIENCE STORE) WITH A WAIVER TO ALLOW A 362-FOOT DISTANCE
SEPARATION FROM AN EXISTING SCHOOL WHERE 400 FEET IS REQUIRED at 450
South Buffalo Drive, Suite #112 (APN 138-34-201-001), C-1 (Limited Commercial) Zone, Ward
1 (Tarkanian) [PRJ-71695]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 4 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcards
SUP-71732 [PRJ-71695]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: LARSA MARKET - OWNER: BUFFALO ALTA
CENTER, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71732 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 37

NOTICES MAILED 875

PROTESTS 4

APPROVALS 0

JB
SUP-71732 [PRJ-71695]
Conditions Page One
November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71732 CONDITIONS

Planning

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


Beer/Wine/Cooler Off-Sale Establishment use.

2. Conformance to the approved conditions for Rezoning (Z-0008-70) and Site


Development Plan Review [Z-0008-70(2)].

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

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

5. A Waiver from Title 19.12 is hereby approved, to allow a 362-foot distance


separation from an existing school where 400 feet is required.

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

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

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

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

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

JB
SUP-71732 [PRJ-71695]
Staff Report Page One
November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

A Beer/Wine/Cooler Off-Sale Establishment is proposed to be offered to patrons of a


proposed convenience store at 450 South Buffalo Drive, Suite #112. The tenant space
is located within an established 28,145 square-foot shopping center.

ISSUES

x A Beer/Wine/Cooler Off-Sale Establishment requires approval of a Special Use


Permit within the C-1 (Limited Commercial) zoning district.
x Pursuant to Requirement 7d the applicant may request a Waiver of the distance
separation requirements in Requirement 1, as the subject site is separated from the
existing school by Buffalo Drive, which is a right of way of a least 100 feet.

ANALYSIS

A Beer/Wine/Cooler Off-Sale Establishment use is described in Tile 19.12 as An


establishment whose license to sell alcoholic beverages is limited to the sale of beer,
wine and coolers to consumers only and not for resale, in original sealed or corked
containers, for consumption off the premises where business is conducted, and is
operated in connection with a grocery store, drugstore, convenience store, restaurant or
general retail store.

This use requires approval of a Special Use Permit within a C-1 (Limited Commercial)
zoning district in Title 19. The Minimum Special Use Permit Regulations for this use
include:

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


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

The proposed use does not meet this requirement, as a school is located 362 feet west
of the parcel where the Beer/Wine/Cooler Off-Sale Establishment is proposed to be
located. As a result, the applicant has requested a Waiver to allow a 362-foot distance
separation from an existing school where 400 feet is required.

JB
SUP-71732 [PRJ-71695]
Staff Report Page Two
November 14, 2017 - Planning Commission Meeting

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


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

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

The applicant has requested a waiver to allow a 362-foot distance separation from an
existing school where 400 feet is required.

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


A. An establishment which has a non-restricted gaming license in connection with a
hotel having 200 or more guest rooms on or before July 1, 1992 or in connection
with a resort hotel having in excess of 200 guest rooms after July 1, 1992; or

JB
SUP-71732 [PRJ-71695]
Staff Report Page Three
November 14, 2017 - Planning Commission Meeting

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

Neither condition applies to the proposed use; therefore, the proposed


Beer/Wine/Cooler Off-Sale Establishment is subject to distance separation
requirements.

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

The proposed use will be subject to all business licensing requirements outlined in
LVMC Chapter 6.50 if approved.

7. The minimum distance requirements set forth in Requirement 1, which are otherwise
non-waivable under the provisions of LVMC 19.12.050(C), may be waived:
A. In accordance with the provisions of LVMC 19.12.050(C) for any establishment
which is proposed to be located on a parcel within the Downtown Casino Overlay
District;
B. In accordance with the applicable provisions of the Town Center Development
Standards Manual for any establishment which is proposed to be located within
the T-C (Town Center) Zoning District and which is designated MS- TC (Main
Street Mixed Use) in the Town Center Land Use Plan;
C. In connection with a proposed establishment having between 20,000 square feet
and 50,000 square feet of retail floor space, if no more than 10 percent of the retail
floor space is regularly devoted to the display or merchandising of alcoholic
beverages; or
D. In connection with a retail establishment having less than 20,000 square feet of
retail floor space, if the area to be used for the sale, display or merchandising of
alcoholic beverages and each use to be protected are separated by a highway or
a right of way with a width of at least 100 feet.

Pursuant to Requirement 7d the applicant may request a Waiver of the distance


separation requirements in Requirement 1, as the subject site is separated from the
existing school by Buffalo Drive, which is a right-of-way of at least 100 feet.

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


Pedestrian Mall, as defined in LVMC Chapter 11.68.

This requirement does not apply, as the subject site is not located adjacent to an
existing Pedestrian Mall, as defined in LVMC Chapter 11.68.

JB
SUP-71732 [PRJ-71695]
Staff Report Page Four
November 14, 2017 - Planning Commission Meeting

According to the justification letter and floor plan, the proposed use meets the definition
outlined above. The use is proposed to be located within a 1,541-square-foot tenant
space within a 28,145 square-foot shopping center. 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, 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 Off-Sale Establishment at this location, subject to conditions. If
denied, the Beer/Wine/Cooler Off-Sale use would not be allowed, however the general
retail (convenience store) use would be permitted in the subject tenant space.

FINDINGS (SUP-71732)

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.

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 Off-
Sale Establishment use. No additional parking is required beyond the proposed
general retail (convenience store) use.

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


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

JB
SUP-71732 [PRJ-71695]
Staff Report Page Five
November 14, 2017 - Planning Commission Meeting

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 Off-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 Off-Sale Establishment use does not meet


Conditional Use Regulation 1, which requires a 400-foot distance separation from
protected uses. Pursuant to Requirement 7d, the applicant has requested a
Waiver to allow a 362-foot distance separation from an existing school where 400
feet is required.

BACKGROUND INFORMATION

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


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 on the
northeast corner of Buffalo Drive and Alta Drive.
The City Council approved a request for a Special Use Permit and Site
07/05/01 Development Plan Review (U-0056-01) for a 60-foot tall Wireless
Communication Facility (Stealth Flagpole) at 450 South Buffalo Road.
The Department of Planning denied a request for an Minor Site
Development Plan Review (SDR-29742) for a 10-foot extension and
10/23/08 co-location of six additional antennas to a 60-foot tall Wireless
Communication Facility, Stealth Design (Flagpole) at 450 South
Buffalo Road.
The Planning Commission denied a request for a Variance (VAR-
32531) to allow a 70-foot Wireless Communications Facility, Stealth
01/22/09 Design (Flagpole) to have a 180-foot setback where residential
adjacency standards require 210 feet at 450 South Buffalo Drive. Staff
recommended denial of the request.

JB
SUP-71732 [PRJ-71695]
Staff Report Page Six
November 14, 2017 - Planning Commission Meeting

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


The Planning Commission denied a request for a Special Use Permit
(SUP-32604) for a 10-foot extension to an existing 60-foot Wireless
Communication Facility, Stealth Design (Flagpole) at 450 South
Buffalo Drive. Staff recommended denial of the request.
The Department of Planning denied a request for an Minor Site
Development Plan Review (SDR-34015) for the installation of a
05/14/09 Wireless Communication Facility, Stealth Design consisting of three
(3) antennas and three (3) microwave dish antennas on the rooftop of
an existing building at 450 South Buffalo Drive.
The Department of Planning approved a request for an Minor Site
Development Plan Review (SDR-39751) to install three (3) antennas
11/18/10
at 40 feet and three (3) microwave dish antennas at 41'-6" of an
existing building (rooftop) located at 450 South Buffalo Drive.
The Department of Planning approved a request for an Minor Site
Development Plan Review (SDR-43043) to remove three (3) existing
antennas, three (3) dap heads, and one (1) microwave dish antenna
10/11/11
from an array on the rooftop of a building and relocate them with the
addition of three (3) dap heads to the inside parapet wall of the rooftop
of the building (no screen wall) at 450 South Buffalo Drive.
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 recommend
approval of the request.
The Planning Commission approved a request for a Special Use
Permit (SUP-71079) for a proposed 1,316 square-foot
Beer/Wine/Cooler On-Sale Establishment use within an existing
08/08/17 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. 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


There are no relevant Building Permits or Business Licenses are associated with the
subject tenant space.

JB
SUP-71732 [PRJ-71695]
Staff Report Page Seven
November 14, 2017 - Planning Commission Meeting

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
09/21/17 submittal requirements for application of a Special Use Permit. No
major issues were discussed.

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

Field Check
The subject location is a well maintained Shopping Center free of trash
10/05/17
and debris.

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)

JB
SUP-71732 [PRJ-71695]
Staff Report Page Eight
November 14, 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

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Buffalo Drive Primary Arterial Streets and 106 Y
Highways
Master Plan of
Alta Drive Major Collector Streets and 80 Y
Highways

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Floor Required Provided Compliance
Area or Parking Parking
Use Parking
Number of Ratio Handi- Handi-
Regular Regular
Units capped capped
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.

JB
SUP-71732 [PRJ-71695]
Staff Report Page Nine
November 14, 2017 - Planning Commission Meeting

Waivers
Requirement Request Staff Recommendation
Maintain a distance
separation of 400 feet from
To allow a 362-foot
any Church/House of
distance separation
Worship, School, and Approval
from an existing
Individual Care Center
school
licensed for more than 12
children or City park.

JB
SUP-71732



SUP-71732



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SUP-71732
SUP-71732 [PRJ-71695] - SPECIAL USE PERMIT - APPLICANT: LARSA MARKET - OWNER: BUFFALO ALTA
CENTER, LLC
450 SOUTH BUFFALO DRIVE, SUITE #112
10/05/17
SUP-71732



SUP-71732
Agenda Item No.: 19.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SDR-71691 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING -
APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES - For possible action on a request
for a Site Development Plan Review FOR A PROPOSED 30,156 SQUARE-FOOT ADDITION
TO AN EXISTING 62,305 SQUARE-FOOT PUBLIC OR PRIVATE SCHOOL, PRIMARY on
9.11 acres at 2200 James Bilbray Drive (APN 138-23-101-001), C-V (Civic) Zone, Ward 5
(Barlow) [PRJ-71662]. Staff recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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
6. Traffic Notes from City of Las Vegas Department of Public Works
SDR-71691 [PRJ-71662]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SDR-71691 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 14

NOTICES MAILED 839

PROTESTS 0

APPROVALS 0

SS
SDR-71691 [PRJ-71662]
Conditions Page One
November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

SDR-71691 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 09/20/17, except as amended by conditions
herein.

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

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

5. 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 change from the
conceptual landscape plan:

Provide 24-inch box deciduous or evergreen shade trees 20 feet apart along the
east property line for the length of the proposed building.

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

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

SS
SDR-71691 [PRJ-71662]
Conditions Page Two
November 14, 2017 - Planning Commission Meeting

Public Works

8. Correct all Americans with Disabilities Act (ADA) deficiencies, if any, on the
sidewalk along James Bilbray Drive and Balzar Avenue 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.

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

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

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

SS
SDR-71691 [PRJ-71662]
Staff Report Page One
November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

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


elementary (primary) public school at 2200 James Bilbray Drive. The building will be
two stories and will include 18 classrooms, restrooms and storage facilities.
Construction will displace a portion of the existing turf area at the northeast corner of the
site. A new parking lot would replace an existing shade structure and a portion of the
existing playground at the southwest corner of the site.

ISSUES

x The site is zoned C-V (Civic) and is subject to the requirements of Title 19.10.020,
which allows the establishment of development standards through approval of a Site
Development Plan Review.
x A condition of approval will require trees to be planted along the northern portion of
the east property line adjacent to the proposed building for screening purposes.

ANALYSIS

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

The site is bordered by multi-family development to the north, south and west and by
two townhome developments on the east. The multi-family developments are zoned R-
PD14 (Residential Planned Development 14 Units per Acre) and R-PD15 (Residential
Planned Development 15 Units per Acre), while the townhomes are zoned R-PD10
(Residential Planned Development 10 Units per Acre) and R-PD14 (Residential
Planned Development 14 Units per Acre). Where a C-V zoned property is adjacent to
residential uses in the U, R-E, R-D, R-1, R-SL, R-CL and R-2 zoning districts, specific
height, landscape buffer and parking design standards are applicable to protect the
adjacent residential uses from potential negative impacts of development. According to
Title 19.10.050 regarding R-PD development standards, the Director of Planning may
apply by analogy the general definitions, principles, standards and procedures set forth

SS
SDR-71691 [PRJ-71662]
Staff Report Page Two
November 14, 2017 - Planning Commission Meeting

in Title 19, taking into consideration the intent of the approved Site Development Plan
Review. In this case, the surrounding residential uses are either multi-family or single-
family uses that have a density similar to that of the multi-family development in the
vicinity of the site, which are not in the listed districts for the specific standards. For this
reason, the more specific height, landscape and parking design standards are not
applied to this site.

Landscape buffers are not being provided on the north or east perimeters adjacent to
new development, and the existing buffers are proposed to remain on the west and
south perimeters. On the north and east perimeters, the existing site is turfed but lacks
adequate screening from adjacent single-family attached properties. A condition of
approval will require trees to be planted along the northern portion of the east property
line adjacent to the proposed building for screening purposes.

The existing school site is parking impaired per Title 19.18.030(D). The school is
providing 59 spaces for 34 existing classrooms. The proposed building will require 54
additional spaces; per 19.18.030(D), 113 spaces overall are required. A total of six
handicap accessible spaces are required, as three are existing and three additional
handicap spaces are required for the 68 new spaces provided. The development as
proposed will conform to Title 19 standards, providing 114 parking spaces and six
handicap spaces.

The proposed classroom building exterior will consist of variations in texture and color,
featuring colored bands of split-faced masonry and aluminum windows. The building
has a flat roofline with a parapet of varying height. The elevations are aesthetically
pleasing and compatible with the main building on the site as well as other institutional
buildings in the area.

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

FINDINGS (SDR-71691)

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;

SS
SDR-71691 [PRJ-71662]
Staff Report Page Three
November 14, 2017 - Planning Commission Meeting

With the proposed conditions of approval, the proposed addition to the school site
will be compatible with adjacent single family attached and multi-family
development.

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

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

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


neighborhood traffic;

Access to the site will remain from James Bilbray Drive; however, additional
parking will be provided onsite. It is estimated that approximately 157 more
vehicles overall would be introduced into the area as a result of the proposed
development. James Bilbray Drive and Balzar Avenue are both under capacity at
this time.

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

The proposed building will have a variegated concrete block exterior, while new
landscaping will consist of drought-tolerant trees and shrubs on the perimeter.
The proposed materials are appropriate for the area and the City.

5. Building elevations, design characteristics and other architectural and


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

The proposed elevations employ variation in color and roofline height for visual
interest, are aesthetically pleasing, and are harmonious and compatible with the
adjacent development.

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

The proposed improvements will be subject to code compliance and enforcement


to assure that they are constructed in a manner that will not endanger the public
health, safety or general welfare.

SS
SDR-71691 [PRJ-71662]
Staff Report Page Four
November 14, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

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


The Board of City Commissioners approved a request for a Rezoning
(Z-0041-81) from N-U (Non-Urban) to R-PD13 (Residential Planned
Development 13 Units per Acre and a plot plan for a 138-unit
07/01/81 townhome development on 10.50 acres on the north side of Balzar
Avenue, 600 feet west of Torrey Pines Road. The Planning
Commission recommended approval to an R-PD10 classification. The
Resolution of Intent expired 01/05/84.
The City Council approved a request for a Rezoning (Z-0065-90) from
N-U (Non-Urban) to C-V (Civic) and a plot plan for a primary school on
07/02/90 10.50 acres at the northeast corner of Balzar Avenue and James
Bilbray Drive. The Planning Commission and staff recommended
approval.

Most Recent Change of Ownership


01/28/91 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#91094426) was issued for an elementary school at
01/16/91
2200 James Bilbray Drive.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
09/07/17 submittal requirements for a Site Development Plan Review
application.

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

Field Check
The site contains an existing primary school surrounded by residential
10/05/17
uses.

SS
SDR-71691 [PRJ-71662]
Staff Report Page Five
November 14, 2017 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres 9.11

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Public or Private
PF (Public Facilities) C-V (Civic)
Property School, Primary
Multi-Family R-PD14 (Residential
M (Medium Density
North Residential Planned Development
Residential)
(Condominiums) 14 Units per Acre)
Multi-Family R-PD14 (Residential
M (Medium Density
South Residential Planned Development
Residential)
(Condominiums) 14 Units per Acre)
R-PD14 (Residential
M (Medium Density
Planned Development
Residential)
14 Units per Acre)
East Townhomes
R-PD10 (Residential
ML (Medium Low
Planned Development
Density Residential)
10 Units per Acre)
Multi-Family R-PD15 (Residential
ML (Medium Low
West Residential Planned Development
Density Residential)
(Condominiums) 15 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 (105/140 Feet) Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification
N/A
Assessment)
Project of Regional Significance N/A

SS
SDR-71691 [PRJ-71662]
Staff Report Page Six
November 14, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to the submitted site development plans and Title 19.10.020, the
following standards apply:
Standard Required/Allowed Provided Compliance
Min. Lot Size N/A 396,832 SF N/A
Min. Lot Width N/A 640 Feet N/A
Min. Setbacks
(Building addition only)
x Front 86 Feet 515 Feet Y
x Side 0 Feet 40 Feet Y
x Corner 270 Feet 367 Feet Y
x Rear As established 63 Feet Y
Max. Building Height N/A 35 Feet N/A
Screened, Gated, w/ a
Trash Enclosure Existing facilities Y
Roof or Trellis
Mech. Equipment Screened Parapet screened Y

Pursuant to Tile 19.10, the following standards apply (these standards apply only
for the proposed development on this site):
Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees
Buffer Trees:
x North 0 Trees
x South As existing/proposed As proposed 4 Trees
x East 0 Trees N/A*
x West 8 Trees
TOTAL PERIMETER TREES 12 Trees
Parking Area
As existing/proposed As proposed 6 Trees N/A
Trees
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
x North 32 Feet 32 Feet Y
x South 6 Feet existing 6 Feet Y
x East 180 Feet existing (turf) 57 Feet Y
x West 6 Feet existing 6 Feet Y

SS
SDR-71691 [PRJ-71662]
Staff Report Page Seven
November 14, 2017 - Planning Commission Meeting

Landscaping and Open Space Standards


Standards Required Provided Compliance
Ratio Trees
6 existing
chain link
fence
Wall Height 6 to 8Adjacent to Residential Y
adjacent to
north and
east PLs
*Although perimeter trees are not required as the C-V standards are applied, a condition
has been added to provide deciduous or evergreen trees along a portion of the east
property line to screen the proposed building from the adjacent townhomes to the east.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Balzar Avenue Minor Collector Title 13 60 Y
James Bilbray
Minor Collector Title 13 60 Y
Drive

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
Public or
Private
34
School, existing 59*
classrooms
Primary
(existing)
Public or
Private
3 spaces
School, 18
per 54
Primary classrooms classroom
(proposed
addition)
TOTAL SPACES REQUIRED 113 114 Y
Regular and Handicap Spaces Required 107 6 108 6 Y
*The site is parking impaired. Fifty-nine spaces were provided at the time of original
approval. Pursuant to Title 19.18.030(D), only the increased number of parking spaces
due to expansion of the development (54) is required beyond what is already provided.

SS
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SDR-71691
SDR-71691 [PRJ-71662] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
2200 JAMES BILBRAY DRIVE
10/05/17
SDR-71691 [PRJ-71662] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
2200 JAMES BILBRAY DRIVE
10/05/17
SDR-71691 [PRJ-71662] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
2200 JAMES BILBRAY DRIVE
10/05/17
SDR-71691 [PRJ-71662] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
2200 JAMES BILBRAY DRIVE
10/05/17
SDR-71691 [PRJ-71662] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
2200 JAMES BILBRAY DRIVE
10/05/17
SDR-71691 [PRJ-71662] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
2200 JAMES BILBRAY DRIVE
10/05/17
SDR-71691 [PRJ-71662] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
2200 JAMES BILBRAY DRIVE
10/05/17
SDR-71691 [PRJ-71662] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES
2200 JAMES BILBRAY DRIVE
10/05/17

SDR-71691
SDR 71691
School Board of Trustees

2200 James Bilbray Avenue


Proposed 30.156 thousand square foot expansion of an existing 62.305 thousand square foot public elementary school.

Existing Use

Average Daily Traffic (ADT) 15.43 961


AM Peak Hour ELEMENTARY SCHOOL [1000SF] 62.305 5.20 324
PM Peak Hour 1.21 75
Expansion
Proposed Expansion

Average Daily Traffic (ADT) 15.43 465


AM Peak Hour ELEMENTARY SCHOOL [1000SF] 30.156 5.20 157
PM Peak Hour 1.21 36

Total Use

Average Daily Traffic (ADT) 15.43 1,426


AM Peak Hour ELEMENTARY SCHOOL [1000SF] 92.461 5.20 481
PM Peak Hour 1.21 111

Existing traffic on nearby streets:


James Bilbray Avenue
Average Daily Traffic (ADT) 2,108
PM Peak Hour (heaviest 60 minutes) 169

Balzar Avenue
Average Daily Traffic (ADT) 1,487
PM Peak Hour (heaviest 60 minutes) 119

Traffic Capacity of adjacent streets:


Adjacent Street ADT Capacity
James Bilbray Avenue 12,480
Balzar Avenue 12,480

This project will add approximately 465 trips per day on James Bilbray Ave. and Balzar Ave. Currently, James Bilbray is at
about 17 percent of capacity and Balzar is at about 12 percent of capacity. With this project, James Bilbray is expected to
be at about 21 percent of capacity and Balzar to be about 16 percent of capacity.

Based on Peak Hour use, this development will add into the area roughly 157 additional cars, or about five every two
minutes.

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

Agenda Item No.: 20.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - GPA-67883 - GENERAL PLAN AMENDMENT - PUBLIC HEARING -
APPLICANT/OWNER: DEBRA J. REOCH, ET AL - For possible action on a request for a
General Plan Amendment FROM: DR (DESERT RURAL DENSITY RESIDENTIAL) AND R
(RURAL DENSITY RESIDENTIAL) TO: SC (SERVICE COMMERCIAL) on 2.42 acres on
the east side of Rainbow Boulevard, approximately 85 feet north of Ann Road (APNs 125-26-
410-004 through 006), Ward 6 (Fiore) [PRJ-67774]. Staff recommends DENIAL.

C.C.: 1/3/2018

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 16 Planning Commission Mtg. 135
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL.

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report - GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324
[PRJ-68162]
3. Supporting Documentation - GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-
68162]
4. Photo(s) - GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
5. Justification Letter - GPA-67883 and ZON-67884 [PRJ-67774]
6. Protest Comment Form/Postcards and Support Comment Forms/Postcards, Support E-mails
and Petition - GPA-67883 and ZON-67884 [PRJ-67774]
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: DEBRA J. REOCH, ET AL

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
GPA-67883 Staff recommends DENIAL.
ZON-67884 Staff recommends DENIAL. GPA-67883
Staff recommends DENIAL, if approved subject to GPA-67883
SDR-68234
conditions: ZON-67884

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 28

NOTICES MAILED 404 - GPA-67883 and ZON-67884


404 - SDR-68324

APPROVALS 135 - GPA-67883 and ZON-67884


5 - SDR-68234

PROTESTS 16 - GPA-67883 and ZON-67884


11 - SDR-68234

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SDR-68324 CONDITIONS

Planning

1. Approval of General Plan Amendment (GPA-67883) and Rezoning (ZON-67884)


shall be required, if approved.

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

3. All development shall be in conformance with the site plan, landscape plan, and
building elevations, date stamped 12/27/16, except as amended by conditions
herein.

4. A Waiver from Title 19.08 is approved to allow a zero-foot landscape buffer along
the east perimeter where eight feet is required.

5. A six to eight-foot tall solid screen wall shall be constructed along the north
property line and the east perimeter of the development, allowing access to the
existing well for maintenance.

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

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

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

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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.

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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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November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request to amend the General Plan land use designations and rezone three
parcels located at 5640, 5664 and 5686 North Rainbow Boulevard, approximately 85
feet north of Ann Road for a proposed 28,800 square-foot commercial development.

ISSUES

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).
The Planning Commission voted (7-0) to hold in GPA-67883, ZON-
08/08/17 67884 and SDR-68324 to the September 12, 2017 Planning
Commission meeting.
The Planning Commission voted (7-0) to hold in GPA-67883, ZON-
09/12/17 67884 and SDR-68324 to the November 14, 2017 Planning
Commission meeting.

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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

NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Twelve
November 14, 2017 - Planning Commission Meeting

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

NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Thirteen
November 14, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
DR (Desert Rural
Subject Single Family, Density Residential) R-E (Residence
Property Detached R (Rural Density Estates)
Residential)
RN (Rural R-E (Rural Estates
Single Family,
North Neighborhood) Residential)
Detached
Clark County Clark County
Single Family, SC (Service C-1 (Limited
South
Detached Commercial) Commercial)
RNP (Rural
Neighborhood
R-E (Rural Estates
Single Family, Preservation)
East Residential)
Detached Clark County
Clark County
RL (Residential Low)
Clark County
R-PD8 (Residential
Single Family, ML (Medium Low
Planned Development
Detached Density Residential)
West 8 Units per Acre)
General Retail R (Rural Density C-1 (Limited
Store Residential) Commercial)

Master Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Purpose and Overlay Districts Compliance
No Applicable Special Purpose or Overlay Districts N/A

Other Plans or Special Requirements Compliance


Northwest Open Space Plan Y*
Centennial Hills Sector Plan N**
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A
*The subject sites were within the project study area for the Northwest Open Space Plan
whose goal is to protect and enhance outdoor resources and infrastructure including
parks, trails, vistas, cultural sites, and natural areas, including floodplains, aquifer
recharge areas, and wildlife habitat.

NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Fourteen
November 14, 2017 - Planning Commission Meeting

**Map Two of the Centennial Hills Sector Plan (Conceptual Land Use Map) shows the
opportunities for development characterized by a framework of land use relationships.
These establish the locations which indicate levels of residential, non-residential and
mixed use opportunities. The Concept categories are linked to the General Plan and
Centennial Hills Town Center categories and to zoning classifications. These provide a
guide for the review of development application. Map Two has the subject sites
designated Rural Preservation.

DEVELOPMENT STANDARDS

Pursuant to Title 19.08, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size N/A 105,415 SF N/A
Min. Lot Width 100 Feet 385 Feet Y
Min. Setbacks
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)

NE
GPA-67883, ZON-67884 [PRJ-67774] and SDR-68324 [PRJ-68162]
Staff Report Page Fifteen
November 14, 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
November 14, 2017 - Planning Commission Meeting

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Required Provided Compliance
Floor Area Parking Parking
Use Parking
or Number Handi- Handi-
Ratio Regular Regular
of Units capped capped
General
Retail Store,
28,800SF 1:250 116
Other Than
Listed
TOTAL SPACES REQUIRED 116 130 Y
Regular and Handicap Spaces Y
111 5 125 5
Required
10,000
Loading
28,800SF to 2 2 Y
Spaces
29,999

NE
GPA-67883



GPA-67883



GPA-67883



GPA-67883


GPA-67883


GPA-67883


GPA-67883

A77
77

bbA7
A77b

A77b
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7A7A

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7

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7A 7

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3 3



GPA-67883, ZON-67884 and SDR-68324



GPA-67883, ZON-67884 and SDR-68324



GPA-67883, ZON-67884 and SDR-68324



GPA-67883, ZON-67884 and SDR-68324



GPA-67883, ZON-67884 and SDR-68324



GPA-67883, ZON-67884 and SDR-68324




GPA-67883, ZON-67884 and SDR-68324

GPA-67883, ZON-67884 and SDR-68324



GPA-67883, ZON-67884 and SDR-68324



GPA-67883, ZON-67884 and SDR-68324


GPA-67883 [PRJ-67774] - GENERAL PLAN AMENDMENT RELATED TO ZON-67884 AND SDR-68324 [PRJ-68162] -
APPLICANT/OWNER: AQUA BAMBOO, LLC, ET AL
EAST SIDE OF RAINBOW BOULEVARD, NORTH OF ANN ROAD
12/05/16
GPA-67883 [PRJ-67774] - GENERAL PLAN AMENDMENT RELATED TO ZON-67884 AND SDR-68324 [PRJ-68162] -
APPLICANT/OWNER: AQUA BAMBOO, LLC, ET AL
EAST SIDE OF RAINBOW BOULEVARD, NORTH OF ANN ROAD
12/05/16
GPA-67883 [PRJ-67774] - GENERAL PLAN AMENDMENT RELATED TO ZON-67884 AND SDR-68324 [PRJ-68162] -
APPLICANT/OWNER: AQUA BAMBOO, LLC, ET AL
EAST SIDE OF RAINBOW BOULEVARD, NORTH OF ANN ROAD
12/05/16
GPA-67883 [PRJ-67774] - GENERAL PLAN AMENDMENT RELATED TO ZON-67884 AND SDR-68324 [PRJ-68162] -
APPLICANT/OWNER: AQUA BAMBOO, LLC, ET AL
EAST SIDE OF RAINBOW BOULEVARD, NORTH OF ANN ROAD
12/05/16
GPA-67883 and ZON-67884


GPA-67883 and ZON-67884



GPA-67883 and ZON-67884


DUPLICATE - NOT INCLUDED IN COUNT
DUPLICATE - NOT INCLUDED IN COUNT
DUPLICATE ADDRESS - NOT INCLUDED IN COUNT
DUPLICATE ADDRESS - NOT INCLUDED IN COUNT
DUPLICATE - NOT INCLUDED IN COUNT
DUPLICATE ADDRESS - NOT INCLUDED IN COUNT
APPLICANT/OWNER - NOT INCLUDED IN COUNT
DUPLICATE - NOT INCLUDED IN COUNT
DUPLICATE - NOT INCLUDED IN COUNT
DUPLICATE - NOT INCLUDED IN COUNT
DUPLICATE

DUPLICATE
DUPLICATE
Agenda Item No.: 21.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - ZON-67884 - REZONING RELATED TO GPA-67883 - PUBLIC HEARING -
APPLICANT/OWNER: DEBRA J. REOCH, ET AL - For possible action on a request for a
Rezoning FROM: R-E (RESIDENCE ESTATES) TO: C-1 (LIMITED COMMERCIAL) on 2.42
acres on the east side of Rainbow Boulevard, approximately 85 feet north of Ann Road (APNs
125-26-410-004 through 006), Ward 6 (Fiore) [PRJ-67774]. Staff recommends DENIAL.

C.C.: 1/3/2018

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 16 Planning Commission Mtg. 135
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
ZON-67884



ZON-67884



ZON-67884



ZON-67884


ZON-67884


ZON-67884


ZON-67884

A77
77

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7A7A

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bAb 77

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A7


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777


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77 7



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b77b
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b777b b b
b777b 777 7
7777 777b
77A 777 7
77 77
b777b
b b 777
b7 77 777
7 7
7 7 7 7 7
b777b
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7777
777

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b777
b777b
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b 7b7 7 7 77
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b 777
7
Agenda Item No.: 22.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

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

C.C.: 1/3/2018

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 11 Planning Commission Mtg. 5
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
4. Justification Letter
5. Protest/Support Postcards
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
SDR-68324



SDR-68324



SDR-68324



SDR-68324


SDR-68324


SDR-68324


SDR-68324


SDR-68324

SDR-68324
Agenda Item No.: 23.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

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

MAY GO TO CITY COUNCIL ON 1/3/2018


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 4 Planning Commission Mtg. 2
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Letter and Protest/Support Postcards
VAR-71322 [PRJ-71193]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: PLACIDO BUSTOS

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71322 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 23

NOTICES MAILED 380

PROTESTS 0

APPROVALS 0

JB
VAR-71322 [PRJ-71193]
Conditions Page One
November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71322 CONDITIONS

Planning

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

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

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

4. If approved, the existing front yard porch/carport addition and metal storage
structure located in the rear yard will be moved to provide the required five-foot
side yard setback.

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

JB
VAR-71322 [PRJ-71193]
Staff Report Page One
November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **
PROJECT DESCRIPTION

The applicant is requesting a Variance to allow an existing one-story front porch/carport


to be located eight feet from the front property line where 20 feet is required on property
zoned R-1 (Single Family Residential) located at 5708 Heron Avenue.

ISSUES

x All the work done that has created the need for the requested Variance was
completed without obtaining required building permits.
x This request is the result of an open Code Enforcement case (#177847) for non-
permitted structural addition on the subject site within the front yard setback area.
x The existing front porch/carport structure has an eight-foot front yard setback where
20 feet is required.
x On October 5th, 2017 the applicant submitted revised drawings which depict a 14-
foot front yard setback for the one-story front porch/carport. In addition, the applicant
requested an abeyance to the November 14th, 2017 Planning Commission Meeting.

ANALYSIS

The subject site is located in an R-1 (Single Family Residential) zoning district. Per Title
19.06.070 this residential development has a minimum 20-foot front yard building
setback.

The subject property currently has an incomplete 650 square-foot one-story front
porch/carport addition on the southern perimeter of the principal dwelling which is
currently under construction. This resulted in a Code Enforcement case (#177847)
being opened on the subject property for non-permitted structural addition within the
front yard setback area.

During a routine site inspection conducted by staff it was noted that an existing front
yard porch/carport addition is currently attached to the eastern perimeter wall creating a
zero-foot side yard setback. Also, there is a metal storage structure attached to the
home in the rear yard, adjacent to the eastern perimeter wall creating a zero-foot side
yard setback. The applicant has indicated in the submitted justification letter that the
front yard porch/carport addition and metal storage structure located in the rear yard will
be moved to provide the required five-foot side yard setback, a condition has been
added to insure removal of these structures to the required five-foot setback. No unique
or extraordinary evidence has been presented to warrant the requested Variance. As
such, the hardship is self-imposed and therefore, staff recommends denial of this
request.
JB
VAR-71322 [PRJ-71193]
Staff Report Page Two
November 14, 2017 - Planning Commission Meeting

FINDINGS (VAR-71322)

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

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


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

Additionally, Title 19.16.140(L) states:


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

No evidence of a unique or extraordinary circumstance has been presented, that would


warrant the construction of the existing front yard porch/carport addition within the front
yard setback area. Alternative design of the existing front yard porch/carport structure
would allow conformance to the Title 19 requirements. In view of the absence of any
hardships imposed by the sites physical characteristics, it is concluded that the
applicants hardship is preferential in nature, and it is thereby outside the realm of NRS
Chapter 278 for granting of Variances.

BACKGROUND INFORMATION

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


The Planning Commission voted (7-0) to hold VAR-71322 [PRJ-71193]
09/12/17
in abeyance to the November 14, 2017 Planning Commission meeting.

Most Recent Change of Ownership


07/03/12 A deed was recorded for a change in ownership.

JB
VAR-71322 [PRJ-71193]
Staff Report Page Three
November 14, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


A Code Enforcement case (#177847) was processed for building a
04/25/17 very large structure in front of the home, possibly a car port or garage
conversion at 5708 Heron Avenue. The case has not be resolved.
A building permit (#341007) was processed for an engineered patio
04/27/17
cover at 5708 Heron Avenue. The permit has not been issued.

Pre-Application Meeting
A pre-application meeting was conducted with the applicant to discuss
the submittal requirements for a Variance of the front yard setback
07/17/17
requirements for an existing front yard porch/carport addition which
was erected without obtaining building permits.

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

Field Check
A field check conducted by staff observed the existing front yard
porch/carport addition that encroaches into the required 20-foot front
yard setback area of the subject site. In addition, staff noted that the
08/03/17 existing front yard porch/carport addition and a metal storage structure
attached to the home in the rear yard also encroaches into the
required five-foot setback areas located on the eastern perimeter of
the subject site.

Details of Application Request


Site Area
Net Acres 0.17

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family, L (Low Density R-1(Single Family
Property Detached Residential) Residential)
Single Family, L (Low Density R-1(Single Family
North
Detached Residential) Residential)

JB
VAR-71322 [PRJ-71193]
Staff Report Page Four
November 14, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Single Family, L (Low Density R-1(Single Family
South
Detached Residential) Residential)
Single Family, L (Low Density R-1(Single Family
East
Detached Residential) Residential)
Single Family, L (Low Density R-1(Single Family
West
Detached Residential) Residential)

Master and Neighborhood Plan Areas Compliance


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

DEVELOPMENT STANDARDS

Pursuant to Title 19.06.070, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size 6,500 SF 7,405 SF Y
Min. Lot Width 60 Feet 66 Feet Y
Min. Setbacks
x Front 20 Feet 8 Feet N
x Side 5 Feet 5 Feet Y

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Heron Avenue Local Street Title 13 47 Feet Y

JB
VAR-71322



VAR-71322

VAR-71322 - REVISED

VAR-71322 - REVISED

VAR-71322

VAR-71322

VAR-71322
VAR-71322 [PRJ-71193] - VARIANCE - APPLICANT/OWNER: PLACIDO BUSTOS
5708 HERON AVENUE

08/03/2017
VAR-71322 [PRJ-71193] - VARIANCE - APPLICANT/OWNER: PLACIDO BUSTOS
5708 HERON AVENUE

08/03/2017
VAR-71322 [PRJ-71193] - VARIANCE - APPLICANT/OWNER: PLACIDO BUSTOS
5708 HERON AVENUE

08/03/2017
VAR-71322 [PRJ-71193] - VARIANCE - APPLICANT/OWNER: PLACIDO BUSTOS
5708 HERON AVENUE

08/03/2017
VAR-71322 [PRJ-71193] - VARIANCE - APPLICANT/OWNER: PLACIDO BUSTOS
5708 HERON AVENUE

08/03/2017
VAR-71322 - REVISED

Agenda Item No.: 24.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - SUP-71431 - SPECIAL USE PERMIT RELATED TO GPA-71428 AND ZON-
71429- PUBLIC HEARING - APPLICANT/OWNER: FIRST PRESBYTERIAN CHURCH -
For possible action on a request for a Special Use Permit FOR A 56-FOOT TALL, 14-FOOT BY
48-FOOT, 672 SQUARE-FOOT OFF-PREMISE SIGN USE at 1515 West Charleston
Boulevard (APN 162-04-510-004), O (Office) Zone [PROPOSED: C-1 (Limited Commercial)],
Ward 1 (Tarkanian) [PRJ-71426]. Staff recommends DENIAL.

C.C.: 1/3/2018

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 9 Planning Commission Mtg. 43
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. Photos
6. Justification Letter
7. Protest Petition/Comment Forms and Protest/Support Postcards
Nov 2 2017

SUP-71431
Item 24
SUP-71431 [PRJ-71426]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: FIRST PRESBYTERIAN CHURCH LV
NV

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71432 Staff recommends DENIAL, if approved subject to GPA-71428
conditions: ZON-71429

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 31

NOTICES MAILED 86 - SUP-71431

PROTESTS 9 - SUP-71431

APPROVALS 43 - SUP-71431

FS
SUP-71431 [PRJ-71426]
Conditions Page One
November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71431 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for an Off-
Premise Sign use.

2. Approval of General Plan Amendment (GPA-71428) and Rezoning (ZON-71429)


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. This Special Use Permit shall be reviewed in three (3) years, at which time the City
Council may require the Off-Premise Sign be removed. The applicant shall be
responsible for notification costs of the review. Failure to pay the City for these
costs may result in a requirement that the Off-Premise Sign be removed.

7. The Off-Premise Sign and its supporting structure shall be properly maintained and
kept free of graffiti at all times. Failure to perform the required maintenance may
result in fines and/or removal of the Off-Premise Sign.

8. The property owner shall keep the property properly maintained and graffiti-free at
all times. Failure to perform required maintenance may result in fines and/or
removal of the Off-Premise Sign.

9. Only one advertising sign is permitted per sign face.

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SUP-71431 [PRJ-71426]
Conditions Page Two
November 14, 2017 - Planning Commission Meeting

10. If the existing Off-Premise Sign is voluntarily demolished, this Special Use Permit
shall be expunged and a new Off-Premise Sign shall not be permitted in the same
location unless a Special Use Permit is approved for the new structure by the City
Council.

11. The Off-Premise Sign supporting structure shall include finish materials that
complement the existing on-site building. The entire face-area of both sides of the
Off-Premise Sign shall be signage area or its border framework; none of the
supporting structure shall be visible aside from the support pole.

12. Bird deterrent devices shall be installed on the sign.

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

Public Works

14. The off-premise sign shall be located a minimum 20 feet south of the southern
Charleston Boulevard right-of-way line and a minimum 10 feet west of the western
Martin L. King Boulevard right-of-way line.

FS
SUP-71431 [PRJ-71426]
Staff Report Page One
November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The request is for a Special Use Permit for a 56-foot tall Off-Premise Sign at the
southwest corner of Martin L. King Boulevard and Charleston Boulevard.

ISSUES

x A Special Use Permit is required for the proposed 56-foot tall Off-Premise Sign
within the requested C-1 (Limited Commercial) zoning district. Staff recommends
denial of the request.
x A 56-foot Off-Premise Sign height is permitted due to the subject sites proximity
to an elevated roadway.

ANALYSIS

The applicant is requesting a Special Use Permit for a proposed 56-foot tall Off-Premise
Sign. The Off-Premise Sign use is defined as Any sign advertising or announcing any
place, product, goods, services, idea or statement whose subject is available or located
at or on the lot, same site, or within the same Master Sign Plan area where the sign is
erected or placed. The proposed use meets the definition of an Off-Premise Sign.

The Minimum Special Use Permit Requirements for this use include:

1. No off-premise signs shall be erected in the public right-of-way.

The proposed sign is not located in the public right-of-way.

2. No off-premise sign certificate of any kind shall be issued for an existing or


proposed sign unless the sign is consistent with all requirements of this Title
(including those protecting existing signs).

The proposed sign meets all minimum requirements for an Off-Premise Sign.

3. Except as provided in Paragraph (12) below, off premise signs are permitted in
the C-1, C-2, C-M and M Zoning Districts only.

With the approval of the proposed rezoning to the C-1 (Limited Commercial)
district, the Off-Premise Sign is permitted with approval of a Special Use
Permit.

FS
SUP-71431 [PRJ-71426]
Staff Report Page Two
November 14, 2017 - Planning Commission Meeting

4. No off-premise sign shall have a surface area greater than 672 square feet,
except that an embellishment of not to exceed five feet above the regular
rectangular surface of the sign may be added if the additional area contains no
more than 128 square feet. Any embellishment may include lettering, text,
numerals or images, but only to the extent that such items do not exceed fifty
percent of any linear side of the sign.

The proposed sign is 672 square feet, with no additional embellishment.

5. Off-premise signs which are within 660 feet of the right-of-way and which can
be read from Interstate 15, US 95 from the north city limits to the Oran K.
Gragson Highway, the Oran K. Gragson Highway or Interstate 515 shall be no
closer than 750 feet (measured along the highway frontage) to any other off-
premise sign along the same frontage. Each side of the highway shall be
considered a separate frontage. The sign and all other off-premise signs not
oriented toward the same highway shall be no closer than 300 feet in any
direction to any other off premise sign, wherever located, including an off
premise sign that is situated outside the corporate boundaries of the City.

The proposed sign is located within 660 feet of Interstate 15, US 95 or


Interstate 515. The closest Off-Premise Sign is more than 2,000 feet to the
north of the proposed sign. The proposed sign meets all distance separation
criteria.

6. An off-premise sign within 150 feet of the right-of-way line of an elevated


freeway or highway to which it is oriented may be erected 30 feet above
the elevation of the elevated roadway surface nearest the sign.

The proposed sign is adjacent to the newly constructed Martin L. King


overpass, which is within the existing I-15 right-of-way. The portion of elevated
roadway that is nearest to the sign is 26 feet tall, which allows for a sign 56 feet
in height. The proposed sign complies with this requirement.

7. Off-premise signs shall not be located closer than 10 feet to the right-of-way line
of a freeway nor closer than 50 feet to the intersection of the present or future
rights-of-way of any two public roads, streets or highways.

The proposed sign will be located at least 10 feet to the right-of-way line of a
freeway nor closer than 50 feet to the intersection. As the Martin L. King
overpass does not intersect Charleston at grade, the intersection condition is
met.

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SUP-71431 [PRJ-71426]
Staff Report Page Three
November 14, 2017 - Planning Commission Meeting

8. No off-premise sign shall be erected or maintained within 660 feet of the


nearest travel lanes of the Summerlin Parkway from Station 499 + 78 to Station
601 + 30.

The proposed sign is more than 660 feet from the nearest travel lane of
Summerlin Parkway.

9. No off-premise sign shall be allowed within 300 feet from the nearest property
line of a lot in the U zoning district or any R zoning district.

The nearest R zoned property is located 600 feet to the south of the proposed
Off-Premise Sign. There are no properties with a U zoning district in the
vicinity of the proposed sign.

The applicant is applying for a Special Use Permit to install a 56-foot tall Off-Premise
Sign at 1515 Charleston Boulevard. While 40 feet is typically the maximum height for
such signs, the subject parcel is adjacent to 26-foot tall elevated portion of Martin L.
King Boulevard. Title 19 states that signs adjacent to an elevated roadway may
increase sign height to 30 feet over the elevated roadway which would permit a sign
height of 56 feet.

The proposed Off-Premise Sign adheres to all minimum code requirements; however,
the proposed sign is located at a prominent downtown intersection that serves as a
gateway between the Las Vegas Medical District and the Downtown Core. This high
profile intersection is not an appropriate location for the installation of a billboard sign.
In addition, there is an existing residential neighborhood located to the south subject
site, and the proposal to install an LED Off-Premise Sign in close proximity to these low
density residential neighborhoods fails to comply with Objective 2.4 of the Las Vegas
2020 Master Plan, which is to ensure that the quality of existing residential
neighborhoods is maintained and enhanced.

The proposal will add visual clutter to an important gateway between the Medical
District and Downtown Las Vegas, and will infringe on the quality of the existing
residential development to the south. The proposed sign is not compatible or
appropriate for this location, and staff recommends denial of the request.

FINDINGS (SUP-71431)

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:

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SUP-71431 [PRJ-71426]
Staff Report Page Four
November 14, 2017 - Planning Commission Meeting

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


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

The proposed Off-premise Sign will add visual clutter to an important gateway
between the Medical District and Downtown Las Vegas, and will infringe on the
existing residential development to the south. The proposed sign is not
compatible or appropriate with existing and future land uses as identified by the
2020 and the 2045 Downtown Master 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 land use
proposed.

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


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

The proposed Off-Premise sign will not generate any additional site traffic.

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 sign will be required to be reviewed for building code compliance
and therefore will not compromise the public health, safety, and welfare or the
overall objectives of the General Plan.

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

The proposed sign meets all of the applicable conditions per Title 19.12.

BACKGROUND INFORMATION

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


The Board of Zoning Adjustment approved (final action) a request for a
10/24/91 Special Use Permit (U-0261-91) for a child care facility at 1608 Ellis
Avenue
The Board of Zoning Adjustment approved (Final action) a request for
05/24/94 a Special Use Permit (U-0108-94) for the expansion of church facilities
for a school (grades K through 6).

FS
SUP-71431 [PRJ-71426]
Staff Report Page Five
November 14, 2017 - Planning Commission Meeting

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


The Planning Commission approved a request by the applicant to
withdraw without prejudice a request for a General Plan Amendment
(GPA-13372) to amend a portion of the Southeast sector of the
10/19/06 General Plan from O (Office) to SC (Service Commercial), a Rezoning
(ZON-13491) from R-E (Residence Estates) to C-1 (Limited
Commercial) and two Special Use Permits (SUP-13394 and SUP-
13395) for an Off-Premise Sign. Staff had recommended denial.
The City Council approved a Rezoning (ZON-32740) from R-E
04/15/09 (Residence Estates) to O (Office) on a portion of the subject site. Staff
and the Planning Commission had recommended approval.
The Planning Commission approved a General Plan Amendment
(GPA-71428) from O (Office) to SC (Service Commercial), and a
10/10/17 Rezoning (ZON-71429) from O (Office) to C-1 (Limited Commercial).
The items will be heard before the City Council on 11/15/17. Staff had
recommended denial.
The Planning Commission voted (7-0) to hold SUP-71431 [PRJ-71426]
10/10/17
in abeyance to the November 14, 2017 Planning Commission Meeting.

Most Recent Change of Ownership


05/23/88 A deed was recorded for a change in ownership.

Pre-Application Meeting
A pre-application meeting was held and general submittal
8/15/17
requirements were discussed.

Neighborhood Meeting
A neighborhood meeting was held by the applicant at 5:30 PM at the
Grace Presbyterian Church. There were five members of the
development team, five staff members, and 36 members of the public
in attendance. The concerns raised included the following:
x An LED billboard is not appropriate for the area
x The proposed C-1 zoning would remove the buffer from the
08/27/17
neighborhood and more intense commercial uses.
x It was acknowledged that there was previous denial for a
billboard at this location.
x The parking lot is currently used as a cut-through to the
residential neighborhood.
x Residents requested that access to Ellis Road be blocked off.

FS
SUP-71431 [PRJ-71426]
Staff Report Page Six
November 14, 2017 - Planning Commission Meeting

Field Check
A field check was conducted and the site is developed with an
08/31/17
operating Church and associated parking areas.

Details of Application Request


Site Area
Net Acres 4.55

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
C-1 (Limited
Subject Church/House of
O (Office) Commercial) and O
Property Worship
(Office)
College,
LVMD (Las Vegas PD (Planned
North University,
Medical District) Development)
Seminary
Single Family L (Low Density R-1 (Single Family
South
Residential Residential) Residential)
East I-15 ROW N/A N/A
C-1 (Limited
West Medical Office O (Office)
Commercial

Master and Neighborhood Plan Areas Compliance


Rancho Charleston Corridor Study Area N
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

FS
SUP-71431 [PRJ-71426]
Staff Report Page Seven
November 14, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Functional Actual Compliance


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

Standards Code Requirements Provided Compliance


Location No Off-Premise Sign may The sign is not in public
be located within public right-of-way, nor is it in
Y
right-of-way the Off-Premise
Exclusionary Sign Zone.
Zoning Off-Premise Signs are The proposed zoning for
permitted in C-1. C-2, C-M, this site is C-1. Y
and M zoning districts only
Area No Off-Premise Sign shall The sign surface area is
have a surface area 672 square feet and the
greater than 672 square elevations do not indicate
feet, except that an any added
embellishment of not to embellishments.
exceed five feet above the Y
regular rectangular surface
of the sign may be added if
the additional area
contains no more than 128
square feet.
Height An off-premise sign within The subject site is
150 feet of the right-of-way adjacent to an elevated
line of an elevated freeway freeway frontage road
or highway to which it is (MLK), which is 26 feet
oriented may be erected 30 tall. This permits an Y
feet above the elevation of overall sign height of 56
the feet.
elevated roadway surface
nearest the sign.
Screening All structural elements of All structural elements of
an Off-Premise Sign to the sign are screened
which the display panels from public view. Y
are attached shall be
screened from view.

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SUP-71431 [PRJ-71426]
Staff Report Page Eight
November 14, 2017 - Planning Commission Meeting

Standards Code Requirements Provided Compliance


Distance At least 750 feet to another The sign is approximately
Separation Off-Premise Sign along 2,000 feet from another
US-95 or at least 300 feet Off-Premise Sign on the Y
to another Off-premise same street frontage.
Sign (if not along US-95)
Protected At least 300 feet to the The sign is approximately
Uses nearest property line of a 600 feet from a property
Y
lot in any R or U zoned line zoned either R or
districts. U.
Other All Off-Premise Signs shall Sign is permanently
be detached and attached to the ground
permanently secured to the and is located on a site
Y
ground and shall not be used for commercial
located on property used purposes only.
for residential purposes.

FS
SUP-71431



SUP-71431


GPA-71428 [PRJ-71426] - GENERAL PLAN AMENDMENT RELATED TO ZON-71429 AND SUP-71431 -
APPLICANT/OWNER: FIRST PRESBYTERIAN CHURCH LV NV
SOUTHWEST CORNER OF MARTIN L. KING BOULEVARD AND CHARLESTON BOULEVARD
08/31/2017
GPA-71428 [PRJ-71426] - GENERAL PLAN AMENDMENT RELATED TO ZON-71429 AND SUP-71431 -
APPLICANT/OWNER: FIRST PRESBYTERIAN CHURCH LV NV
SOUTHWEST CORNER OF MARTIN L. KING BOULEVARD AND CHARLESTON BOULEVARD
08/31/2017
GPA-71428 [PRJ-71426] - GENERAL PLAN AMENDMENT RELATED TO ZON-71429 AND SUP-71431 -
APPLICANT/OWNER: FIRST PRESBYTERIAN CHURCH LV NV
SOUTHWEST CORNER OF MARTIN L. KING BOULEVARD AND CHARLESTON BOULEVARD
08/31/2017
GPA-71428 [PRJ-71426] - GENERAL PLAN AMENDMENT RELATED TO ZON-71429 AND SUP-71431 -
APPLICANT/OWNER: FIRST PRESBYTERIAN CHURCH LV NV
SOUTHWEST CORNER OF MARTIN L. KING BOULEVARD AND CHARLESTON BOULEVARD
08/31/2017
Agenda Item No.: 25.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - GPA-71525 - GENERAL PLAN AMENDMENT - PUBLIC HEARING -
APPLICANT/OWNER: MATLOCK HOLDINGS IV, LLC - For possible action on a request for
a General Plan Amendment FROM: R (RURAL DENSITY RESIDENTIAL) TO: ML
(MEDIUM LOW DENSITY RESIDENTIAL) on 2.49 acres at 5097 Roberta Lane (APN 138-
13-801-002), Ward 5 (Barlow) [PRJ-71479]. Staff recommends DENIAL.

C.C.: 1/3/2018

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 136 Planning Commission Mtg. 3
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-71525, ZON-71527, VAR-71607 and TMP-71528 [PRJ-
71479]
3. Supporting Documentation - GPA-71525, ZON-71527, VAR-71607 and TMP-71528 [PRJ-
71479]
4. Photo(s) - GPA-71525, ZON-71527, VAR-71607 and TMP-71528 [PRJ-71479]
5. Justification Letter - GPA-71525, ZON-71527, VAR-71607 and TMP-71528 [PRJ-71479]
6. Comments from Clark County Department of Aviation - GPA-71525, ZON-71527 and TMP-
71528 [PRJ-71479]
7. Comments from Clark County School District - GPA-71525, ZON-71527 and TMP-71528
[PRJ-71479]
8. Protest Comment Form for GPA-71525 [PRJ-71479], Protest/Support Postcards for GPA-
71525 and ZON-71527 [PRJ-71479] and Protest Postcards for GPA-71525, ZON-71527, VAR-
71607 and TMP-71528 [PRJ-71479]
GPA-71525, ZON-71527, VAR-71607 and TMP-71528 [PRJ-71479]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: MATLOCK HOLDINGS IV, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
GPA-71525 Staff recommends DENIAL.
ZON-71527 Staff recommends DENIAL. GPA-71525

VAR-71607 Staff recommends DENIAL, if approved subject to GPA-71525


conditions: ZON-71527

TMP-71528 Staff recommends DENIAL, if approved subject to GPA-71525


conditions: ZON-71527
VAR-71607

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 11

NOTICES MAILED 353 - GPA-71525 and ZON-71527


353 - VAR-71607 and TMP-71528

PROTESTS 136 - GPA-71525 and ZON-71527


135 - VAR-71607 and TMP-71528

APPROVALS 3 - GPA-71525 and ZON-71527


3 - VAR-71607 and TMP-71528

FS
GPA-71525, ZON-71527, VAR-71607 and TMP-71528 [PRJ-71479]
Conditions Page One
November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71607 CONDITIONS

Planning

1. Approval of a General Plan Amendment (GPA-71525) and Rezoning (ZON-71527).

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

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

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

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

Public Works

6. The interior public street identified as Avenue B on TMP-71528 shall be permitted


to terminate in a dead-end stub instead of a circular cul-de-sac.

TMP-71528 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 a General Plan Amendment (GPA-71525) and Rezoning (ZON-71527)


and approval of and conformance to the Conditions of Approval for Variance (VAR-
71607).

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GPA-71525, ZON-71527, VAR-71607 and TMP-71528 [PRJ-71479]
Conditions Page Two
November 14, 2017 - Planning Commission Meeting

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

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

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


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

6. Applicant is required to file a valid FAA Form 7460-1, "Notice of Proposed


Construction or Alteration" with the FAA, in accordance with 14 CFR Part 77, or
submit to the Clark County Director of Aviation a Property Owners Shielding
Determination Statement and request written concurrence from the Clark County
Department of Aviation.

7. No Building Permit or other construction permit shall be issued for any structure
greater than 35 feet above the surface of land that, based upon the FAAs 7460
airspace determination (the outcome of filing the FAA Form 7460-1), would (a)
constitute a hazard to air navigation, (b) would result in an increase to minimum
flight altitudes during any phase of flight (unless approved by the Department of
Aviation), or (c) would otherwise be determined to pose a significant adverse
impact on airport or aircraft operations.

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GPA-71525, ZON-71527, VAR-71607 and TMP-71528 [PRJ-71479]
Conditions Page Three
November 14, 2017 - Planning Commission Meeting

Public Works

8. Dedicate 30 feet of right-of-way adjacent to this site for Roberta Lane and dedicate
a 15-foot radius on the southeast corner of Roberta Lane and Apricot Lane. The
proposed termination of Avenue B shall be replaced with a knuckle or a circular
cul-de-sac meeting current City standards unless VAR-71607 is approved.

9. Construct half-street improvements including appropriate over paving on Roberta


Lane and Apricot Lane adjacent to this site 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).

10. A minimum of two lanes of asphalt pavement on the major access street (Roberta
Lane) adjacent to this site, and a working sanitary sewer connection shall be in
place prior to final inspection of any 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 within 24 months
of approval of construction drawings. No partial bond releases will be allowed until
all perimeter roadway improvements are in place.

11. Extend public sewer in Apricot Lane from Roberta Lane to the southern edge of
this site at a size, depth and location acceptable to the Collection System Planning
section of the Department of Public Works.

12. 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.

13. A Drainage Plan and Technical Drainage Study must be submitted to and
approved by the Department of Public Works prior to the issuance of any building
or grading permits, submittal of any construction drawings or the submittal of a
Map subdividing this site, whichever may occur first. Provide and improve all
drainageways recommended in the approved drainage plan/study. The developer
of this site shall be responsible to construct such neighborhood or local drainage
facility improvements as are recommended by the City of Las Vegas Neighborhood
Drainage Studies and approved Drainage Plan/Study concurrent with development
of this site. In lieu of constructing improvements, in whole or in part, the developer
may agree to contribute monies for the construction of neighborhood or local
drainage improvements, the amount of such monies shall be determined by the
approved Drainage Plan/Study and shall be contributed prior to the issuance of
any building or grading permits, or the recordation of a Map subdividing this site,
whichever may occur first, if allowed by the City Engineer.

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GPA-71525, ZON-71527, VAR-71607 and TMP-71528 [PRJ-71479]
Conditions Page Four
November 14, 2017 - Planning Commission Meeting

14. The approval of all Public Works related improvements shown on this Site
Development Plan Review is in concept only. Specific design and construction
details relating to size, type and/or alignment of public improvements, including but
not limited to street, sewer and drainage improvements, shall be resolved prior to
submittal of a construction drawings. We note that the plan view shows a
conventional 60-foot street while the cross section depicts a narrow 60-foot street.
Due to existing improvements and the availability of existing rights-of-way, the
conventional 60-foot street must be used for this site.

FS
GPA-71525, ZON-71527, VAR-71607 and TMP-71528 [PRJ-71479]
Staff Report Page One
November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The request is for a 19-lot single-family residential subdivision on approximately 2.49


acres located at 5097 Roberta Lane.

ISSUES

x The applicant has proposed to amend the General Plan land use designation of the
property from R (Rural Density Residential) to ML (Medium-Low Density
Residential). Staff does not support this request.
x The applicant has proposed to rezone the property from U (Undeveloped) [R (Rural
Density Residential)] to R-CL (Residential Compact-Lot). Staff does not support this
request.
x A Variance has been requested to allow an interior street to terminate in a dead-end
stub instead of a circular cul-de-sac. Staff does not support this request.
x A 19-lot Tentative Map request has been proposed for the subject site. Staff does
not support this request.

ANALYSIS

The applicant is proposing a 19-lot single-family residential development on


approximately 2.49 acres located at 5097 Roberta Lane. Adjacent land uses include
rural density single family residential to the south, east and west of the subject property
within Clark County. Across Roberta Lane to the north is a low density single family
residential subdivision within the City of Las Vegas.

The subject site is located within the Southwest Sector of the 2020 Master plan with an
R (Rural Density Residential) land use designation, which allows for a semi-rural
environment with a maximum density of 3.59 units per acre. The proposed ML (Medium
Low Density Residential) designation is intended to allow single-family detached homes,
including compact lots and zero lot lines, mobile home parks and two-family dwellings
with a maximum density of 8.49 units per acre.

The subject site is currently zoned U (Undeveloped), which is an interim zoning district
that can either be utilized as a holdover zoning district, or developed with single-family
residential with a minimum lot size of 20,000 square feet. The request is to rezone the

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GPA-71525, ZON-71527, VAR-71607 and TMP-71528 [PRJ-71479]
Staff Report Page Two
November 14, 2017 - Planning Commission Meeting

property to R-CL (Residential Compact-Lot), which is intended to provide for single-


family units and other customary residential uses with a minimum lot size of 3,000
square feet. The R-CL District is consistent with the proposed ML (Medium Low Density
Residential) category of the General Plan.

The submitted plan depicts 19 lots with a minimum lot size of 3,712, and a maximum lot
size of 4,095 square feet, which results in an overall density of 7.63 units per acre. The
subdivision receives access from both Apricot and Roberta Lanes. The residential units
facing west along Roberta Lane will have direct driveway access to the street. The
subdivision is served by internal 47-foot wide public streets, which include sidewalks
and one tree per lot as required for narrow lot residential streets. The site has a
connectively ratio of 1.50 were 1.30 is the minimum required, and the plans indicate
perimeter, interior, and retaining wall heights within the maximums allowed by Title 19.

This project will add approximately 181 trips per day on Roberta Lane, Apricot Lane,
Decatur Boulevard, and Smoke Ranch Road. Currently, Decatur Boulevard is at about
59 percent of capacity and Smoke Ranch is at about 39 percent of capacity. With this
project, these capacities are expected to remain unchanged. Counts are not available
for Roberta Lane or Apricot Lane in this area, but they are believed to be under
capacity. Based on Peak Hour use, this development will add into the area roughly 19
additional cars, or about one every three minutes.

The internal street identified as Avenue B terminates in a dead-end stub instead of a


circular cul-de-sac as required by Title 19.04. The proposed public street does not meet
the minimum Title 19 requirements, and a companion Variance has been requested to
provide relief from this requirement.

Apricot and Roberta Lanes are both 60-foot wide minor collector streets, which exempts
the site from the standard residential perimeter landscaping requirements. The plan
indicates a six-foot perimeter buffer area located along the entirety of the north property
line, and along a portion of the west property line, which exceeds the minimum required
for the site. The perimeter landscape areas are planted with palm trees, and no height
was specified on the plan. All perimeter landscaping is within one of the three common
lots on the site. Interior to the site, 24-inch box African Sumac shade trees have been
included at a ratio of one tree per lot as required by Title 19.04.

The existing land use designations and zoning districts in the immediate area are
predominantly intended for either rural or low density residential. An amendment of the
land use plan to the ML (Medium Low Density Residential) designation would allow for a
higher density that is not compatible with the existing rural and low density residential
development nature of the area. The allowable lot sizes permitted by the R-CL

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GPA-71525, ZON-71527, VAR-71607 and TMP-71528 [PRJ-71479]
Staff Report Page Three
November 14, 2017 - Planning Commission Meeting

(Residential Compact Lot) will not be consistent or compatible with the surrounding
development. In addition, a Variance is required as the site is designed with a dead-
end stub instead of a circular cul-de-sac as required by Title 19.04. Staff recommends
denial of all requests.

CLARK COUNTY DEPARTMENT OF AVIATION

Comments received from the Clark County Department of Aviation included the
following:

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

x The proposed development will exceed the 100:1 notice requirement for the
North Las Vegas Airport (VGT). Therefore, as required by 14 CFR Part 77, the
FAA must be notified of the proposed construction or alteration.

x The applicant is required to file a valid FAA Form 7460-1, "Notice of Proposed
Construction or Alteration" with the FAA, in accordance with 14 CFR Part 77, or
submit to the Clark County Director of Aviation a Property Owners Shielding
Determination Statement and request written concurrence from the Clark County
Department of Aviation.

x No Building Permit or other construction permit shall be issued for any structure
greater than 35 feet above the surface of land that, based upon the FAAs 7460
airspace determination (the outcome of filing the FAA Form 7460-1), would (a)
constitute a hazard to air navigation, (b) would result in an increase to minimum
flight altitudes during any phase of flight (unless approved by the Department of
Aviation), or (c) would otherwise be determined to pose a significant adverse
impact on airport or aircraft operations.

x The applicant is advised that FAAs airspace determinations are dependent on


petitions by any interested party and the height that will not present a hazard as
determined by the FAA may change based on these comments.

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November 14, 2017 - Planning Commission Meeting

x The applicant is advised that the FAAs airspace determinations include


expiration dates and that the separate airspace determinations will be needed for
construction cranes or other temporary equipment.

x The applicant is advised that issuing a stand-alone noise disclosure statement to


the purchaser or renter of each unit in the proposed development and to forward
the completed and recorded noise disclosure statements to the Department of
Aviation's Noise Office is strongly encouraged. Additionally, the Federal Aviation
Administration will no longer approve remedial noise mitigation measures for
incompatible development impacted by aircraft operations which was constructed
after October 1, 1998, and funds will not be available in the future should the
residents wish to have their buildings purchased or soundproofed.

Conditions of approval have been added to ensure compliance with the requirements
identified by the Clark County Department of Aviation.

FINDINGS (GPA-71525)

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 densities and intensity allowed by the proposed General Plan
Amendment to the ML (Medium Low Density Residential) designation is not
consistent or compatible with the rural and low density designations in the
surrounding area.

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


compatible with the existing adjacent land uses or zoning districts,

The zoning districts allowed by the proposed amendment allow for residential
products and lot sizes that are not consistent with the larger lot rural and low
density single-family residential zoning districts in the surrounding area.

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


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

There are adequate facilities to accommodate the uses and densities permitted by
the proposed amendment.

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November 14, 2017 - Planning Commission Meeting

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


policies.

The proposed amendment conforms to other applicable adopted plans and


policies.

FINDINGS (ZON-71527)

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.

With the approval of the related amendment to the ML (Medium Low Density
Residential), the proposed rezoning will conform to the General Plan

2. The uses which would be allowed on the subject property by approving the
rezoning will be compatible with the surrounding land uses and zoning
districts.

The rezoning will allow for residential products and densities that are not
compatible with the larger lot rural and low density residential uses and zoning
districts adjacent to the subject site.

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

There are no development factors in the immediate vicinity of the subject site that
indicates a need for a rezoning to the R-CL (Residential Compact Lot) district.
Moreover, the rezoning would allow for lot sizes and residential products that are
not compatible with the rural and low density nature of the 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 site will receive access from Roberta and Apricot Lane, both 60-foot
secondary collectors. The street facilities are adequate in size to meet the
requirements of the proposed zoning district.

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November 14, 2017 - Planning Commission Meeting

FINDINGS (VAR-71537)

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 designing the residential development
with an interior street that terminates in a dead-end stub instead of a circular cul-de-sac.
Alternative site design would allow conformance to the Title 19 requirements. In view of
the absence of any hardships imposed by the sites physical characteristics, it is
concluded that the applicants hardship is preferential in nature, and it is thereby outside
the realm of NRS Chapter 278 for granting of Variances.

BACKGROUND INFORMATION

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


The City Council approved a request for a Petition of Annexation
(ANX-10579) of property located at the southeast corner of Roberta
04/05/06 Lane and Apricot Lane, containing approximately 2.5 acres. The
Planning Commission and Staff recommended approval of the
request.

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November 14, 2017 - Planning Commission Meeting

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


The Planning Commission withdrew without prejudice a request for a
Site Development Plan Review (SDR-16849) for a proposed 11,590
square-foot Church/House of Worship and a Waiver of the perimeter
landscape buffering standard for 4.5 feet along the southern perimeter
where six feet is required located on the south side of Roberta Drive,
approximately 1280 feet west of Decatur Boulevard. Staff
12/07/06
recommended approval of the request.
The Planning Commission withdrew without prejudice a request for a
Special Use Permit (SUP-16850) for a proposed Church/House of
Worship located on the south side of Roberta Drive, approximately
1280 feet west of Decatur Boulevard. Staff recommended approval of
the request.
The Planning Commission tabled a request for a General Plan
Amendment (GPA-22587) from R (Rural Density Residential) to ML
(Medium Low Density Residential) on 2.49 acres at the southeast
corner of Roberta Lane and Apricot Lane. Note: This application has
been amended to the L (Low Density Residential) general plan
designation. Staff recommended denial of the request.
The Planning Commission tabled a request for a Rezoning (ZON-
23373) from U (Undeveloped) [R (Rural Density Residential) General
Plan Designation] to R-PD4 (Residential Planned Development - 4
Units per Acre) on 2.49 acres at the southeast corner of Roberta Lane
02/14/08
and Apricot Lane. Staff recommended denial of the request.
The Planning Commission tabled a request for a Variance (VAR-
23661) to allow an R-PD development to be 2.49 acres where five
acres is the minimum required on 2.49 acres at the southeast corner of
Roberta Lane and Apricot Lane. Staff recommended denial of the
request.
The Planning Commission tabled a request for a Site Development
Plan Review (SDR-23377) for a proposed 11-lot single-family
residential development at the southeast corner of Roberta Lane and
Apricot Lane. Staff recommended denial of the request.
The Applicant withdrew a request for a General Plan Amendment
(GPA-68781) from R (Rural Density Residential) to M (Medium Density
Residential). Staff had recommended denial of the application.
The Applicant withdrew a request for a Rezoning (ZON-68782) from U
06/13/17 (Undeveloped) [Rural Density Residential)] to R-3 (Medium Density
Residential). Staff had recommended denial of the application.
The Applicant withdrew a request for a Variance (VAR-78783) to allow
a six-foot tall wall in the front yard area where five feet was the
maximum allowed. Staff had recommended denial of the application.

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November 14, 2017 - Planning Commission Meeting

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


The Applicant withdrew a request for a Site Development Plan Review
(SDR-68576) for a 40-unit multi-family development. Staff had
recommended denial of the application.
The Planning Commission voted (7-0) to hold GPA-71525, ZON-
10/10/17 71527, VAR-71607 and TMP-71528 [PRJ-71479] in abeyance to the
November 14, 2017 Planning Commission Meeting.

Most Recent Change of Ownership


05/13/16 A deed was recorded for a change in ownership.

Pre-Application Meeting
A pre-application meeting was held and general application submittal
08/21/17
requirements were discussed.

Neighborhood Meeting
A neighborhood meeting was held at Doris Reed Elementary School at
5:30 PM. There were four representatives from the applicant, 26
members of the public, and one staff member in attendance. The
following issues were discussed:
1. Concerns were raised about an increase in the volume of daily
traffic in the area.
2. Concerns were raised about a possible increase in crime
associated with the increase in density.
3. Concerns were raised regarding the proposed density of the
development and that the site should comply with the existing
density maximum of 3.49 units per acre.
09/21/17 4. Residents stated that the proposed development is not
appropriate for this location.
5. Concerns were raised about changing the rural characteristics
of the neighborhood.
6. Concerns were raised about this development lowering the
property values of the homes in the area.
7. A realtor, who was not an area resident, discussed the need for
additional affordable housing in Las Vegas and supported the
project.
8. One resident stated that the development could increase
property values and was in support of the project.

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GPA-71525, ZON-71527, VAR-71607 and TMP-71528 [PRJ-71479]
Staff Report Page Nine
November 14, 2017 - Planning Commission Meeting

Field Check
Staff conducted a routine site visit and found the subject site to be a
08/31/17
well maintained undeveloped parcel of land free from trash and debris.

Details of Application Request


Site Area
Gross Acres 2.49

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
U(R) Undeveloped [R
Subject R (Rural Density
Undeveloped (Rural Density
Property Residential)
Residential)]
R-PD6 (Residential
Single-Family R (Rural Density
North Planned Development
Residential Residential)
6 units per acre)
RN (Rural
Neighborhood) R-E (Rural Estates
Single-Family
South Clark County Lone Residential) Clark
Residential
Mountain Land Use County
2 units per acre
RN (Rural
Neighborhood) R-E (Rural Estates
Single-Family
East Clark County Lone Residential) Clark
Residential
Mountain Land Use County
2 units per acre
Single-Family RN (Rural
Residential Neighborhood) R-E (Rural Estates
West Clark County Lone Residential) Clark
Undeveloped Mountain Land Use County
2 units per acre

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Purpose and Overlay Districts Compliance
A-O (Airport Overlay) District (35 Feet) Y

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November 14, 2017 - Planning Commission Meeting

Other Plans or Special Requirements Compliance


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

DEVELOPMENT STANDARDS

Pursuant to 19.06.110, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size 3,000 SF 3,712 SF Y
Min. Setbacks
x Front (garage) 18 Feet 18 Feet Y
x Side (combined) 10 Feet 10 Feet Y
x Corner 10 Feet 10 Feet Y
x Rear 10 Feet 15 Feet Y
2 Stories/
Max. Building Height 2 Stories/ 35 Feet 26 Feet Y

Existing Zoning Permitted Density Units Allowed


U (Undeveloped ) 3.59 DUA* 8
Proposed Zoning Permitted Density Units Allowed
R-CL (Residential Compact
8.49 DUA* 21
Lot)
General Plan Permitted Density Units Allowed
R (Rural Density
Up to 3.59 DUA 8
Residential)
Proposed General Plan Permitted Density Units Allowed
ML (Medium Low Density) Up to 8.49 DUA 21
* Maximum dwelling units per acre (DUA) is determined by the underlying General Plan
Designation and may not exceed the density permitted under said designation. The
applicant has proposed a to amend the General Plan Designation from R (Rural Density
Residential) to ML (Medium Low Density), which allows up to 8.49 DUA.

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GPA-71525, ZON-71527, VAR-71607 and TMP-71528 [PRJ-71479]
Staff Report Page Eleven
November 14, 2017 - Planning Commission Meeting

Pursuant to note the applicable code section here Title 19.06 the following
standards apply:
Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees
Buffer Trees:
x North N/A 0 Trees 21 Trees Y
x South N/A 0 Trees 0 Trees Y
x East N/A 0 Trees 0 Trees Y
x West N/A 0 Trees 9 Trees Y
TOTAL PERIMETER TREES 0 Trees 30 Trees Y
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
x North N/A 6 Feet Y
x South N/A 0 Feet Y
x East N/A 0 Feet Y
x West N/A 0 Feet Y
Wall Height 6 to 8 Feet Adjacent to Residential 6 feet Y

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Roberta Lane Local Street Title 13 60 Y
Apricot Lane Local Street Title 13 60 Y

19.04.040 Connectivity
Transportation Network Element # Links # Nodes
Internal Street 3 0
Intersection Internal 0 1
Intersection External Street or Stub Terminus 0 1
Total
Required Provided

Connectivity Ratio (Links / Nodes): 1.30 1.50

FS
GPA-71525



GPA-71525


GPA-71525

ML

ROW

LA CRESTA ST
MADRE MESA DR

SC
PF M

ROBERTA LN
CHARTO LN

SUBJECT BEVVIE DR

PROPERTY
TAPPI ST

MLA
N M IC HA

SONNY HARRIS LN
TRETTER
EL W AY
W AY

APRICOT LN

SMOKE RANCH RD

FROM R TO ML
General Plan Amendment
RNP - Rural Neighborhood MLA - Medium - Low Attached GTC - Tourist Commercial PF-CC Public Facility
Preservation Clark County
1000' Buffer
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
Development C - Downtown - Commercial only to meet the needs of the City.
Due to c ontinuous dev elopment activity
SC - Service Commercial PR-OS - Park/Recreation/ Subject Property this map is for reference only .
L - Low MXU - Downtown - Mixed Use Geographic Information System
Open Space Planning & Development Dept.
ML - Medium - Low GC - General Commercial TND - Tradional Neighborhood 702-229-6301
PF - Public Facility
Development Date: Tuesday, September 05, 2017
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GPA-71525, ZON-71527, VAR-71607 and TMP-71528 - REVISED


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GPA-71525 [PRJ-71479] - GENERAL PLAN AMENDMENT RELATED TO ZON-71527, VAR-71607 AND TMP-71528 -
APPLICANT/OWNER: MATLOCK HOLDINGS IV, LLC
5097 ROBERTA LANE
08/31/2017
GPA-71525 [PRJ-71479] - GENERAL PLAN AMENDMENT RELATED TO ZON-71527, VAR-71607 AND TMP-71528 -
APPLICANT/OWNER: MATLOCK HOLDINGS IV, LLC
5097 ROBERTA LANE
08/31/2017
GPA-71525 [PRJ-71479] - GENERAL PLAN AMENDMENT RELATED TO ZON-71527, VAR-71607 AND TMP-71528 -
APPLICANT/OWNER: MATLOCK HOLDINGS IV, LLC
5097 ROBERTA LANE
08/31/2017
GPA-71525 [PRJ-71479] - GENERAL PLAN AMENDMENT RELATED TO ZON-71527, VAR-71607 AND TMP-71528 -
APPLICANT/OWNER: MATLOCK HOLDINGS IV, LLC
5097 ROBERTA LANE
08/31/2017
GPA-71525 [PRJ-71479] - GENERAL PLAN AMENDMENT RELATED TO ZON-71527, VAR-71607 AND TMP-71528 -
APPLICANT/OWNER: MATLOCK HOLDINGS IV, LLC
5097 ROBERTA LANE
08/31/2017
GPA-71525 [PRJ-71479] - GENERAL PLAN AMENDMENT RELATED TO ZON-71527, VAR-71607 AND TMP-71528 -
APPLICANT/OWNER: MATLOCK HOLDINGS IV, LLC
5097 ROBERTA LANE
08/31/2017
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GPA-71525, ZON-71527, VAR-71607 and TMP-71528


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

FROM: CLARK COUNTY DEPARTMENT OF AVIATION

APPLICATION NUMBERS: GPA-71525, ZON 71527, TMP-71528

PROJECT: BROOKS SINGLE-FAMILY RESIDENCES

LOCATION: 138-13-801-002

MEETING DATES: OCTOBER 10, 2017 PLANNING COMMISSION &


NOVEMBER 15, 2017, CITY COUNCIL

COMMENTS:

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

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

x Applicant is required to file a valid FAA Form 7460-1, "Notice of Proposed Construction
or Alteration" with the FAA, in accordance with 14 CFR Part 77, or submit to the Clark
County Director of Aviation a Property Owners Shielding Determination Statement
and request written concurrence from the Clark County Department of Aviation;
x No Building Permit or other construction permit shall be issued for any structure greater
than 35 feet above the surface of land that, based upon the FAAs 7460 airspace
determination (the outcome of filing the FAA Form 7460-1), would (a) constitute a
hazard to air navigation, (b) would result in an increase to minimum flight altitudes
during any phase of flight (unless approved by the Department of Aviation), or (c) would
otherwise be determined to pose a significant adverse impact on airport or aircraft
operations.
x Applicant is advised that FAAs airspace determinations are dependent on petitions by
any interested party and the height that will not present a hazard as determined by the
FAA may change based on these comments.
x Applicant is advised that the FAAs airspace determinations include expiration dates and
that the separate airspace determinations will be needed for construction cranes or other
temporary equipment.
Additionally, the proposed development lies just outside the 2015 AE-60 (60-65 DNL) noise
contour for North Las Vegas Airport (VGT), and is subject to significant aircraft noise and
continuing over-flights. Future demand for air travel and airport operations is expected to
increase significantly. Clark County intends to continue to upgrade VGT to meet future air
traffic demand, and nighttime operations may and will continue to occur at VGT.

x Applicant is advised that issuing a stand-alone noise disclosure statement to the purchaser
or renter of each unit in the proposed development and to forward the completed and
recorded noise disclosure statements to the Department of Aviation's Noise Office is
strongly encouraged. Additionally, the Federal Aviation Administration will no longer
approve remedial noise mitigation measures for incompatible development impacted by
aircraft operations which was constructed after October 1, 1998, and funds will not be
available in the future should the residents wish to have their buildings purchased or
soundproofed.
Real Property Management School Development Tracking Form
1180 Military Tribute Place
Henderson, Nv. 89074 http://ccsd.net/departments/real-property

Date Filed Application Number Entity


Company Name
Contact Name
Contact Mailing Address
City State Zip Code
Phone Mobile Fax Email

Project Name

Project Description

APN's

Student Yield Elementary School Middle School High School


Single-Family Units (1) x 0.196 = x 0.101 = x 0.137 =
Multi-Family Units (2) x 0.140 = x 0.058 = x 0.064 =
Resort Condo Units (3)
Total

(1) Single Family unit is defined as single family detached home, mobile home, and town homes.
(2) Multi-Family unit is defined as apartment, multiplexes, and condominiums.
(3) Resort Condominium units for tracking purposes only.
* To be completed by CCSD

Schools Serving the Area*


Name Address Grade Capacity Enrollment Site Date

* CCSD Comments

Approved Disapproved
Agenda Item No.: 26.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - ZON-71527 - REZONING RELATED TO GPA-71525 - PUBLIC HEARING -
APPLICANT/OWNER: MATLOCK HOLDINGS IV, LLC - For possible action on a request for
a Rezoning FROM: U (UNDEVELOPED) [R (RURAL DENSITY RESIDENTIAL) GENERAL
PLAN DESIGNATION] TO: R-CL (SINGLE FAMILY COMPACT-LOT) on 2.49 acres at
5097 Roberta Lane (APN 138-13-801-002), Ward 5 (Barlow) [PRJ-71479]. Staff recommends
DENIAL.

C.C.: 1/3/2018

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 136 Planning Commission Mtg. 3
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps - ZON-71527 and TMP-71528 [PRJ-71479]
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-71527



ZON-71527


ZON-71527

R-PD20
R-PD5
MADRE MESA DR R-PD12

C-1
C-V R-3

ROBERTA LN
CHARTO LN

U(R)

U(M)

SUBJECT BEVVIE DR

PROPERTY
TAPPI ST

R-PD6
N M IC HA

SONNY HARRIS LN
TRETTER
EL W AY
W AY

APRICOT LN

R-D R-E
SMOKE RANCH RD

Zoning FROM U(R) TO R-CL


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: Tuesday, September 05, 2017
and Parking
Agenda Item No.: 27.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - VAR-71607 - VARIANCE RELATED TO GPA-71525 AND ZON-71527 -
ROBERTA & APRICOT RESIDENTIAL SUBDIVISION - PUBLIC HEARING -
APPLICANT/OWNER: MATLOCK HOLDINGS IV, LLC - For possible action on a request for
a Variance TO ALLOW A STUB STREET TERMINATION WHERE A CUL-DE-SAC IS
REQUIRED on 2.49 acres at 5097 Roberta Lane (APN 138-13-801-002), Ward 5 (Barlow)
[PRJ-71479]. Staff recommends DENIAL.

C.C.: 1/3/2018

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 135 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. Supporting Documentation
3. Protest/Support Postcards for VAR-71607 and TMP-71528 [PRJ-71479]
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-71607



VAR-71607


Agenda Item No.: 28.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - TMP-71528 - TENTATIVE MAP RELATED TO GPA-71525, ZON-71527
AND VAR-71607 - ROBERTA & APRICOT RESIDENTIAL SUBDIVISION - PUBLIC
HEARING - APPLICANT/OWNER: MATLOCK HOLDINGS IV, LLC - For possible action on
a request for a Tentative Map FOR A PROPOSED 19-LOT SINGLE FAMILY RESIDENTIAL
SUBDIVISION on 2.49 acres at 5097 Roberta Lane (APN 138-13-801-002), Ward 5 (Barlow)
[PRJ-71479]. Staff recommends DENIAL.

C.C.: 1/3/2018

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 135 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. Supporting Documentation
3. Traffic Notes from City of Las Vegas 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.
TMP-71528



TMP-71528

TMP-71528

TMP-71528 - REVISED
TMP 71528
Matlock Holdings IV, LLC

5097 Roberta Lane


Proposed 19 unit single family residential development.

Proposed Use

Average Daily Traffic (ADT) 9.52 181


AM Peak Hour SINGLE FAMILY DETACHED [DWELL] 19 0.75 14
PM Peak Hour 1.00 19

Existing traffic on nearby streets:


Decatur Boulevard
Average Daily Traffic (ADT) 29,948
PM Peak Hour (heaviest 60 minutes) 2,396

Smoke Ranch Road


Average Daily Traffic (ADT) 13,825
PM Peak Hour (heaviest 60 minutes) 1,106

Traffic Capacity of adjacent streets:


Adjacent Street ADT Capacity
Decatur Boulevard 50,900
Smoke Ranch Road 35,490

This project will add approximately 181 trips per day on Roberta Ln, Apricot Ln., Decatur Blvd., and Smoke Ranch Rd.
Currently, Decatur is at about 59 percent of capacity and Smoke Ranch is at about 39 percent of capacity. With this
project, these capacities are expected to remain unchanged. Counts are not available for Roberta or Apricot in this area,
but they are believed to be under capacity.

Based on Peak Hour use, this development will add into the area roughly 19 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.: 29.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - GPA-71561 - GENERAL PLAN AMENDMENT - PUBLIC HEARING -
APPLICANT/OWNER: CHARLESTON LAND, LLC - For possible action on a request for a
General Plan Amendment FROM: O (OFFICE) TO: SC (SERVICE COMMERCIAL) on 0.69
acres at the southwest corner of Charleston Boulevard and Westwood Drive (APN Multiple),
Ward 1 (Tarkanian) [PRJ-71491]. Staff recommends DENIAL.

C.C.: 1/3/2018

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 5 Planning Commission Mtg. 5
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Staff Report - GPA-71561 and ZON-71562 [PRJ-71491]
3. Supporting Documentation - GPA-71561 and ZON-71562 [PRJ-71491]
4. Photo(s) - GPA-71561 and ZON-71562 [PRJ-71491]
5. Justification Letter GPA-71561 and ZON-71562 [PRJ-71491]
6. Protest Comment Form for GPA-71561 [PRJ-71491] and Protest/Support Postcards,
Comment Forms and Letters for GPA-71561 and ZON-71562 [PRJ-71491]
GPA-71561, ZON-71562, VAR-71563, SUP-71565 and SDR-71566 [PRJ-71491]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CHARLESTON LAND, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
GPA-71561 Staff recommends DENIAL.
ZON-71562 Staff recommends DENIAL. GPA-71561
VAR-71563 Staff recommends DENIAL. GPA-71561
ZON-71562
SUP-71565 Staff recommends DENIAL. GPA-71561
ZON-71562
VAR-71563
SDR-71566 Staff recommends DENIAL. GPA-71561
ZON-71562
VAR-71563
SUP-71565

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED 28

NOTICES MAILED 117 - GPA-71561 and ZON-71562


117 - VAR-71563 and SUP-71565
117 - SDR-71566

PROTESTS 5 - GPA-71561
4 - ZON-71562
0 - VAR-71563 and SUP-71565
0 - SDR-71566

APPROVALS 5 - GPA-71561 and ZON-71562


8 - VAR-71563 and SUP-71565
0 - SDR-71566

FS
GPA-71561, ZON-71562, VAR-71563, SUP-71565 and SDR-71566 [PRJ-71491]
Conditions Page One
November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71563 CONDITIONS

Planning

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


71562), Special Use Permit (SUP-71565) and Site Development Plan Review
(SDR-71566) 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-71565 CONDITIONS

Planning

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


71562), Variance (VAR-71563) and Site Development Plan Review (SDR-71566)
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.

FS
GPA-71561, ZON-71562, VAR-71563, SUP-71565 and SDR-71566 [PRJ-71491]
Conditions Page Two
November 14, 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-71566 CONDITIONS

Planning

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


71562), Special Use Permit (SUP-71565) and Variance (VAR-71563) 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 date
stamped 10/19/17, and building elevations, date stamped 08/28/17 except as
amended by conditions herein.

4. Waivers from Title 19.08 are hereby approved, to allow an eight-foot wide
perimeter landscape buffer along a portion of the west property line where 15 feet
is required; a 10-foot wide perimeter landscape buffer along the north property line
where 15 feet is required; a two-foot wide perimeter landscape buffer along a
portion of the east property line where 15 feet is required; to allow one perimeter
tree along the east property line where seven are required; to allow three perimeter
trees along the north property line where six are required; and to allow the
proposed building to not be oriented towards the corner and street frontage on a
corner lot.

5. An Exception from Title 19.08 is hereby approved, to allow three parking lot
landscape islands where six are required.

FS
GPA-71561, ZON-71562, VAR-71563, SUP-71565 and SDR-71566 [PRJ-71491]
Conditions Page Three
November 14, 2017 - Planning Commission Meeting

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

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

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

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

10. Prior to the submittal of a building permit application, the applicant shall meet with
Department of Planning staff to develop a comprehensive address plan for the
subject site. A copy of the approved address plan shall be submitted with any
future building permit applications related to the site.

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

Public Works

12. Grant a five-foot Public Pedestrian Access Easement along Charleston Boulevard
prior to the issuance of permits for this site. This condition will not be enforced for
areas already occupied by a building.

13. Grant a traffic signal chord easement at the southwest corner of Westwood Drive
and Charleston Blvd prior to issuance of permits.

14. Correct all Americans with Disabilities Act (ADA) deficiencies on the sidewalks
adjacent to this site on Charleston Boulevard 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

15. Meet with the Fire Protection Engineering Section of the Department of Fire
Services to discuss fire requirements on Westwood Drive prior to submittal of
construction drawings for this site. Fire Department access shall be maintained at
all times per Fire Department Standards.

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

17. Contact the City Engineers Office at 702-229-6272 to coordinate the development
of this project with the Charleston Boulevard Rancho Drive to Martin Luther king
project and any other public improvement projects adjacent to this site. Comply
with the recommendations of the City Engineer.

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 for this site, or the recordation of a map, whichever may
occur first. Comply with drive through queuing analysis recommendations and
mitigations to avoid a negative impact onto the public right-of-way. 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.

19. 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.

20. Obtain an Occupancy Permit from the Nevada Department of Transportation


(NDOT) for all improvements in the Charleston Boulevard public right-of-way
adjacent to this site prior to constructing any improvements within NDOT
jurisdiction.

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** STAFF REPORT **

PROJECT DESCRIPTION

The request is for a 2,055 square-foot Restaurant, a drive-through, and parking lot
improvements on 0.68 acres at the southwest corner of Westwood Drive and
Charleston Boulevard.

ISSUES

x A General Plan Amendment is requested from O (Office) to SC (Service


Commercial) for all three subject parcels. Staff does not support this request.
x Rezoning from P-R (Professional Office and Parking) to C-1 (Limited
Commercial) is requested for two of the subject parcels as the subject parcel
adjacent to Charleston Boulevard is currently zoned C-1 (Limited Commercial).
Staff does not support this request.
x A Variance to allow 32 parking spaces where 37 are required has been
requested. Staff does not support this request.
x The drive-through use is a conditional use within a C-1 (Limited Commercial)
zoning district; however, the drive-through is not screened per the requirements
of Title 19.08, and therefore a Special Use Permit is required. Staff does not
support this request.
x A Site Development Plan review has been requested to allow for a 2,055 square-
foot restaurant with several perimeter landscape waivers, a building orientation
waiver, and a parking lot landscaping exception. Staff does not support these
requests.
x The proposed Rezoning and Site Development Plan Review will expunge a
number of conditions of approval that were included with a 1995 Rezoning and
Plot Plan Review (Z-171-94) for the existing parking lot. The conditions were
intended to provide protections for the surrounding residential neighborhood.

ANALYSIS

All three of the subject parcels are currently designated O (Office) which provides for
small lot office conversions as a transition along primary and secondary streets from
residential and commercial uses, and for large planned office areas. The proposed SC
(Service Commercial) allows low to medium intensity retail, office, or other commercial
uses that serve primarily local area patrons and that do not include more intense
general commercial characteristics. Examples of development for this land use

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designation include shopping centers, theaters, and other places of public assembly.
The Service Commercial land use designation may also allow mixed-use development
with a residential component.

The subject site is located within Study Area 1B of the Rancho Charleston Land Use
Study & Strategic Plan. Area 1B was designated as O (Office) to ensure that there was
a consistent land use buffer between the commercial uses north of Charleston
Boulevard and the residential to the south. One of the goals stated by the Strategic
Plan is, to ensure that low-density residential land uses within mature neighborhoods
can exist in close proximity to higher density residential, mixed-use, or non-residential
land uses by mitigating adverse impacts where feasible..

The current zoning district of the two parcels adjacent to residentially zoned property is
P-R (Professional Office and Parking). This zoning designation allows for the existing
office parking lot while also providing the single family residences to the south a buffer
from the more intense commercial uses that currently exist adjacent to Charleston
Boulevard. Amending the zoning for the subject site to C-1 (Limited Commercial) would
be inappropriate as it would allow for the introduction of medium intensity commercial
uses directly adjacent to existing single family residential uses.

The existing P-R (Professional Office and Parking District) is an appropriate zoning for a
parking lot and the proposed General Plan Amendment and Rezoning would allow more
intense commercial uses on a site directly adjacent to single family residential. It is
acknowledged that the request to the C-1 (Limited Commercial) zoning district is
required in order to allow for the proposed restaurant drive-through as it is currently
designed; however, a redesign of the site would make it possible to accommodate the
restaurant on the existing C-1 (Limited Commercial) zoned parcel while retaining the P-
R (Professional and Office) zoned parcels for the proposed parking lot and thus
retaining the buffer for the adjacent single family residential. Staff finds the proposed
General Plan Amendment and Rezoning request do not support the goals specified by
the Rancho Charleston Land Use Study and Strategic Plan, nor are they compatible
with the existing surrounding area; therefore, staff is recommending denial of both
requests.

The Site Development Plan Review is for a 2,055 square-foot restaurant with a drive-
through at the southwest corner of Charleston Boulevard and Westwood Drive. The
subject site is currently developed with an office building and associated parking lot.
The restaurant is proposed within the existing parking area located at the northeast
portion of the site. The provided floorplans depict 700 square feet of seating area, and
1,355 square feet of back-of-house area. Access is proposed via drives from both
Westwood Drive and Pahor Drive, and 32 parking spaces are being provided where 37
are required. One loading zone is being provided as required by Title 19. The applicant
has requested a Variance application to provide relief from Title 19 parking
requirements.

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The site plan indicates a drive-through for the proposed restaurant. A drive-through is a
Conditional Use within the C-1 (Limited Commercial) zoning district; however, it is not
screened per the landscaping requirements of Title 19.08, and therefore a Special Use
Permit is required.

The drive-through use is defined as The use of a dedicated drive lane that, incidental to
a principal use, provides access to a station, such as a window, door or mechanical
device, from which occupants of a motor vehicle receive or obtain a product or service.
The proposed use meets the definition of a drive-through as it is intended for patrons to
order and obtain meals while remaining in their vehicle.

Title 19.12 requires that the drive-through be screened per the landscaping
requirements of Title 19.08. The subject site does not meet the minimum landscape
buffering requirements along the north and east property lines, which are adjacent to
the proposed drive-through. Without adequate landscape buffering, the drive through
stacking lanes are fully exposed which results in unsightly views from both Charleston
Boulevard and Westwood Drive. In addition, the subject site is located within the project
limits for the City of Las Vegas Charleston Boulevard capital improvement project,
which will enhance the pedestrian realm with the installation of wider sidewalks, street
trees and other amenities between Rancho Drive and Martin L. King Drive. Once the
City completes the project, the enhanced pedestrian path will be directly adjacent to the
unscreened drive-though, exacerbating the visual impacts and possibly introducing
pedestrian-auto conflicts due to the drive-through being in such close proximity to the
sidewalk. This corridor improvement project constitutes a significant monetary
investment on the part of the City of Las Vegas, and consideration should be given to
the design of the subject site and how it fits within the corridor. Staff recommends
denial of the Special Use Permit request.

The applicant is requesting a waiver to allow the proposed building to not be oriented
towards the corner and street frontage as required on corner lots in order to
accommodate the proposed drive-though. In addition to the aforementioned lack of
screening adjacent to the proposed drive-though, the location of the building and drive-
through contradicts the pedestrian friendly policies included within the Mobility section of
2045 Downtown Master Plan. Once the City of Las Vegas constructs the proposed
pedestrian improvements along Charleston Boulevard, not only will the automobile
stacking lanes be directly adjacent to the pedestrian path, but there will also be no
pedestrian access to the restaurant from the street frontage. The auto-centric design of
the site negates any benefits gained from the pedestrian enhancements planned at this
location, and it does not compliment the significant pedestrian investments that the City
is making along the Charleston Boulevard corridor.

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A redesign of the site with the building located to the corner of the site would further the
goals of a pedestrian friendly environment stated within the 2045 Downtown Master
Plan, alleviate the screening and pedestrian conflict issues associated with the drive-
through located adjacent the street frontage, compliment the Citys proposed capital
improvements planned for Charleston Boulevard, and alleviate the need for the
requested waiver. Staff recommends denial of the request.

The provided landscape plan does not depict the required perimeter landscape buffer
widths along the east, north and west property lines. Along the east property line, eight
feet is being provided where 15 feet is required; along the north property line, ten feet is
being provided where 15 feet is required; and along portions of the east property line,
two feet is being provided where 15 feet is required. Waivers have been requested for
the reduction of perimeter landscape buffer widths along these areas. The landscape
plan also does not depict the required amount of street trees along the north and east
property lines. Along the north property line, three trees are being provided where six is
required, and along the east property line, one street tree is being provided where
seven is required. A waiver has been requested to allow a reduction of required street
trees. An exception has been requested to allow three parking lot landscaping islands
where six is required. The existing landscaping located adjacent to the office building
and along the south property line will remain in place as is and will not be altered.

The perimeter landscape buffer waivers along the north and east property lines are a
result of the placement of the proposed drive-through. The drive-through location
encroaches into the required buffer areas and reduces the screening of the drive-
through which results in the requirement the related Special Use Permit as well as the
buffer width waivers. The reduction of buffer width along the west property line is
required to accommodate the adjacent handicapped parking space. The reduction of
street trees is required due to the narrowed buffer area widths along the east property
line and required site visibility zones along the north property line. The parking lot
landscape islands are being reduced in order to accommodate for additional parking.
Staff recommends denial of all requests as a redesign of the site and relocation or
removal of the drive-through would allow for conformance to Title 19 landscape
requirements.

The provided elevations depict a building constructed of stucco and cultured stone with
varied flat rooflines of up to 24 feet. The building contains glazing typical of a fast-foot
type restaurant. The site is subject to Residential Ardency Standards along the south
property line and must comply with the 3 to 1 proximity slope requirements outlined in
Title 19.08. The proposed building is approximately 24 feet in height closest to the
residential property, which requires a 72-foot setback. The building is setback
approximately 86 feet and is in conformance with the residential adjacency standards.
In addition, trash enclosures are required to be at least 50 feet from the protected use.
The proposed enclosure is approximately 55 feet from the single family residence to the
south, and is in conformance with this requirement.

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In 1995, a Rezoning and Plot Plan Review (Z-171-94) was approved by the City Council
for the existing site parking lot. The proposed rezoning from R-1 to P-R (Professional
Office and Parking District) was approved in order to accommodate a proposed parking
lot while still providing a neighborhood buffer from more intense commercial uses along
Charleston Boulevard. The following conditions of approval were included to provide
protection for the adjacent residential neighborhoods:

x Prohibition of vehicular access to Pahor Dirve


x The construction a six-foot tall decorative wall along the east, south and west
property lines.
x The installation of five-feet of landscaping, including trees and shrubs, located at
the exterior of the required walls along the east and west property lines.
x The site was required to utilize the existing driveway at Westwood Drive and
Charleston Boulevard.
x The installation of an eight-foot landscape buffer area on the interior side of the
south wall.

The proposed Rezoning and Site Development Plan Review will expunge these
conditions which were intended to provide protection for the adjacent residential
neighborhoods. Specifically, approval of the request will allow for access to Pahor
Dirve, the removal of the existing decorative walls and mature landscaping along the
east and west property lines, and the addition of a new driveway from Westwood
Avenue. The wall and landscaping along the south property line will remain as it
currently exists and continue to screen the parking area from the single family
residential homes.

The proposed development is too intense for the proposed location, and is being
overbuilt as evidenced by the need for a Special Use Permit, Variance, and numerous
waivers. The development proposes a drive-through that fronts both Charleston
Boulevard and Westwood Drive without adequate landscape screening, does not
compliment the anticipated capital improvements for Charleston Boulevard, and is
contrary to the policies outlined within the Mobility section of the 2045 Downtown Master
Plan. The approval of the request will result in the removal of neighborhood protections
included with the 1995 rezoning and plot plan approval, including the removal of screen
walls and mature landscaping along Westwood Drive and Pahor Drive. Staff
recommends denial of the Site Development Plan Review request.

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Las Vegas Valley Water District


These parcels are each independently served by the Las Vegas Valley Water District
(LVVWD) and only APN 162-04-110-017 has the required backflow preventer per NAC
445A.67195. The proposed site plan would require a consolidation of parcels, or the
recordation of a commercial subdivision, prior to LVVWD civil plan approval. Civil and
plumbing plans will need to be submitted to LVVWD for domestic meter sizing, fire flow
availability and backflow retrofit.

FINDINGS (GPA-71561)

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

1. The density and intensity of the proposed General Plan Amendment is


compatible with the existing adjacent land use designations,

The subject site shares the southern property line with existing single family
residential with a land use designation of L (Low Density Residential). Amending
the land use designation to SC (Service Commercial) would allow the introduction
of medium intensity commercial uses which are not appropriate adjacent to low
density single family residential.

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


compatible with the existing adjacent land uses or zoning districts,

The requested C-1 (Limited Commercial) zoning designation will allow for
commercial uses that are not appropriate for this location as it is directly adjacent
to single family residential.

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


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

Adequate transportation, utility, and other facilities are able to accommodate the
proposed SC (Service Commercial) General Plan designation.

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


policies.

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The proposed amendment does not conform to the Rancho Charleston Land Use
Study and Strategic Plan which specifically recommended the subject sites for an
O (Office) land use designation in order to provide an adequate buffer to the area
residents and prevent the further encroachment of more intense land uses into the
residential neighborhood.

FINDINGS (ZON-71562)

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 SC (Service Commercial) land use 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.

Uses allowed by the C-1 (Limited Commercial) district are too intense for parcels
adjacent to single family residential. The uses permitted in the C-1 (Limited
Commercial) are not compatible with the surrounding residential land uses and
zoning districts to the south of the subject site.

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

Growth and development factors in the community do not indicate the need for
commercial uses to encroach upon the existing single family residential
neighborhood to the south. Moreover, with a redesign of the proposed restaurant
and drive-through, the existing P-R (Professional Office and Parking) zoning
district could accommodate the depicted parking lot while still providing a buffer
from more intense commercial uses along the Charleston Boulevard frontage.

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 development will introduce additional traffic onto Pahor Drive and
Westwood Avenue, which are primary intended to handle neighborhood traffic;
however, they are adequate in size to meet the requirements of the proposed
zoning district.

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FINDINGS (VAR-71563)

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 overbuilding the site and not providing
adequate parking for the proposed uses. Alternative 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 (SUP-71565)

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 inclusion of the drive-through correlates with the need for an inappropriate
Rezoning, a parking Variance, and a site design that requires multiple waivers.
As such, the proposed drive-through cannot be conducted in a manner that is

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harmonious and compatible with the existing and future 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 drive-through use is typically a Conditional use in the C-1 (Limited


Commercial) zoning district; however, the subject site requires a Special Use
Permit due to the lack of landscape screening per Title 19.08. In addition, the
inclusion of the drive-through also correlates with the need for an inappropriate
Rezoning, a parking Variance, and multiple Site Development Plan Review design
waivers. As such, it has been determined that the subject site is not physically
suitable for the proposed use.

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


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

The development will introduce additional traffic onto Pahor Drive and Westwood
Avenue, which are primary intended to handle neighborhood traffic; however, they
are adequate in size to meet the requirements of the proposed use.

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

While approval of the Special Use Permit does not compromise public safety or
welfare, the proposed drive-through is not consistent with the Mobility Section of
the 2045 Downtown Master Plan, and it is not desirable to have a drive through
stacking lane in such close proximity to the pedestrian path along Charleston
Boulevard.

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

The drive-Through use is a conditional use within a C-1 (Limited Commercial)


zoning district; however, the drive-Through is not screened per the
requirements of Title 19.08, and therefore a Special Use Permit is required.
There are no additional conditions required with the Special Use Permit.

FINDINGS (SDR-71566)

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

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1. The proposed development is compatible with adjacent development and


development in the area;

The proposed development is too intense for the proposed location and is being
overbuilt as evidenced by the need for an inappropriate Rezoning, Special Use
Permit, parking Variance, and numerous design waivers. The proposal is not
compatible with the adjacent residential development to the south 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 development is not consistent with Title 19 as evidenced by the


required landscape and building orientation waivers. The location of the building
and drive-through also contradicts the pedestrian friendly policies outlined within
the Mobility Section of 2045 Downtown Master Plan.

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


neighborhood traffic;

The development will introduce additional traffic onto Pahor Drive and Westwood
Avenue, which are primary intended to handle neighborhood traffic. The
rezoning/plot plan review (Z-171-94) for the existing parking lot contained
conditions of approval that prohibited access to Pohor Drive, and which will be
expunged with the approval of this proposal.

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

With the approval of the requested landscape waivers, the building and
landscaping materials will be appropriate for the area and for the City.

5. Building elevations, design characteristics and other architectural and


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

The building orientation and the location of the proposed drive through creates an
unsightly and undesirable view of the vehicle stacking lane as viewed from both
Charleston Boulevard and Westwood Drive, and the lack of the required perimeter
landscaping along multiple property lines exacerbates these issues. As such, the
development is not harmonious or compatible with development in the area.

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

The building will be subject to regular building and licensing inspection and
therefore the public safety and general welfare will be protected.

BACKGROUND INFORMATION

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


The City Council approved a request for a Reclassification of Property
(Z-0046-86) located 65 feet south of Charleston Boulevard, between
08/06/86
Pahor Drive and Westwood Drive from R-1 (Single Family Residential)
to P-R (Professional Office and Parking) for a proposed parking lot.
The City Council approved a request for a Reinstatement and
Extension of Time (Z-0046-86) on property located at 1105 Pahor
10/19/88
Drive and 1106 Westwood Drive R-1 (Single Family Residential) zone,
under Resolution of Intent to P-R (Professional Office and Parking).
The City Council approved a request for a Reclassification of Property
(Z-0171-94) located at 1105 Pahor Drive and 1106 Westwood Drive
03/15/95 from R-1 (Single Family Residential) to P-R (Professional Office and
Parking) for a proposed parking lot. The Planning Commission
recommended denial, staff recommended approval.
The City Council approved a request for an Extension of Time
05/01/96 [Z-0171-94(1)] for a 30,000 square-foot parking lot located at 1105
Pahor Drive and 1106 Westwood Drive.
Code Enforcement processed a complaint (#179319) for graffiti at
06/05/17
2001 West Charleston Boulevard. The case was closed on 06/20/17.
The Planning Commission voted (7-0) to abey a related General Plan
Amendment (GPA-71561) from O (Office) to SC (Service Commercial)
10/10/17 and Rezoning (ZON-71562) from P-R (Professional Office and Parking
District) to C-1 (Limited Commercial) to the 11/14/17 Planning
Commission meeting.

Most Recent Change of Ownership


A deed was recorded for a change in ownership for all three subject
07/26/17
sites.

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Related Building Permits/Business Licenses


A business license (P50-01397) was issued for a law office at 2001
12/08/05
West Charleston Boulevard. The license is active as of 09/28/17.
A building permit (#229617) was issued for a tenant improvement at
02/13/13 2001 West Charleston Boulevard. The permit received its final
inspection on 06/06/13.
A building permit (#232336) was issued for a wall sign at 2001 West
03/27/13 Charleston Boulevard. The permit received its final inspection on
07/31/13.

Pre-Application Meeting
A pre-application meeting was held and general submittal
08/23/17
requirements were discussed.

Neighborhood Meeting
A neighborhood meeting was held by the applicant at 6:30 PM at the
Grace Presbyterian Church. There were five members of the
development team, five staff members, and 36 members of the public
in attendance. The concerns raised included the following:

x The C-1 zoning is not appropriate for the area


09/27/17 x The proposed C-1 zoning would remove the buffer from the
neighborhood and more intense commercial uses.
x The area didnt need another fast food restaurant.
x Several members of the public did not object to the proposed
restaurant use.

Field Check
During a routine field check staff observed the subjects sites. The
08/31/17 existing building and parking lot was well-maintained and free of trash
and debris.

Details of Application Request


Site Area
Net Acres 0.69

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Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
C-1 (Limited
Subject Office, Other Than Commercial)
O (Office)
Property Listed P-R (Professional
Office and Parking)
LVMD (Las Vegas PD (Planned
North Hospital
Medical District) Development)
Single Family, L (Low Density R-1 (Single Family
South
Detached Residential) Residential)
R-4 (High Density
O (Office)
Residential)
East Vacant
R-1 (Single Family
O (Office)
Residential)
General Retail
SC (Service C-1 (Limited
West Store, Other Than
Commercial) Commercial)
Listed

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District - 200 Feet Y
Other Plans or Special Requirements Compliance
Rancho Charleston Land Use Study N*
Trails N/A
Las Vegas Redevelopment Plan Area Redevelopment Area 2 Y**
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A
*See analysis.
** The subject sites are subject to the City of Las Vegas Redevelopment Plan for
Development Area 2 if and when development is proposed for the subject sites.

FS
GPA-71561, ZON-71562, VAR-71563, SUP-71565 and SDR-71566 [PRJ-71491]
Staff Report Page Fourteen
November 14, 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 6 Trees 3 Trees N
x East 1 Tree / 20 Linear Feet 7 Trees 1 Trees N
x West 1 Tree / 20 Linear Feet 3 Trees 3 Trees Y
TOTAL PERIMETER TREES 16 Trees 8 Trees N
1 Tree / 6 Uncovered
Parking Area Spaces, plus 1 tree at the
6 Trees 3 Trees N
Trees end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
x North 15 Feet 15 Feet Y
x East 15 Feet 2 Feet N
x West 15 Feet 8 Feet N
Existing 6- Y
Wall Height 6 to 8 Feet Adjacent to Residential
foot wall

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Charleston
Primary Arterial Streets and 100 Y
Boulevard
Highways
Pahor Drive Local Street Title 13 50 Y
Westwood Drive Local Street Title 13 60 Y

FS
GPA-71561, ZON-71562, VAR-71563, SUP-71565 and SDR-71566 [PRJ-71491]
Staff Report Page Fifteen
November 14, 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
1 space
Office, Other
4,667 SF per 300 16
than listed
sf
1 space
per 50 sf
700 sf of seating 14
area
Restaurant
1 space
per 200
1,355 sf sf of all 7
other
areas
TOTAL SPACES REQUIRED 37 32 N
Regular and Handicap Spaces Required 35 2 30 2 N
Loading
1 1 Y
Spaces
Percent Deviation 13%

Waivers
Requirement Request Staff
Recommendation
15-foot perimeter buffer area 2-foot buffer area along the east
Denial
along the east property line property line
15-foot perimeter buffer area 8-foot buffer area along the east
Denial
along the east property line property line
15-foot perimeter buffer area 10-foot buffer area along the
Denial
along the east property line north property line
6 perimeter trees along the 3 perimeter trees along the north
Denial
north property line property line
7 perimeter trees along the 1 perimeter tree along the east
Denial
north property line property line

FS
GPA-71561, ZON-71562, VAR-71563, SUP-71565 and SDR-71566 [PRJ-71491]
Staff Report Page Sixteen
November 14, 2017 - Planning Commission Meeting

Exceptions
Requirement Request Staff
Recommendation
1 parking lot landscape 3 parking lot landscape islands
Denial
island for every six spaces where 6 are required

FS
GPA-71561
GPA-71561
GPA-71561

GOLDRING AVE

WILLOW ST
S TONOPAH DR

HOPE PL
R
A
N

HASTINGS AVE
C
H
O
LN

LVMD

SHADOW LN
W CHARLESTON BLVD

SC
SUBJECT
O
PROPERTY
WESTWOOD DR

ELLIS AVE

JAYLAR CIR
DR
PARK CIR

L
EDGEWOOD AVE


WESTWOOD DR

ORMSBY ST

WALDMAN AVE

General Plan Amendment


FROM O TO SC
RNP - Rural Neighborhood MLA - Medium - Low Attached GTC - Tourist Commercial PF-CC Public Facility
Preservation
LVMD - Las Vegas Medical
Clark County 1000' Buffer
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
R - Rural O - Office Not City
Development C - Downtown - Commercial GIS maps are normally produced
only to meet the needs of the City.
SC - Service Commercial PR-OS - Park/Recreation/ Subject Property Due to c ontinuous dev elopment activity
L - Low MXU - Downtown - Mixed Use this map is for reference only .
Open Space Geographic Information System

ML - Medium - Low GC - General Commercial TND - Tradional Neighborhood Planning & Development Dept.
PF - Public Facility 702-229-6301
Development
Date: Tuesday, September 05, 2017

GPA-71561, ZON-71562, VAR-71563, SUP-71565 and SDR-71566 - REVISED




GPA-71561, ZON-71562, VAR-71563, SUP-71565 and SDR-71566


GPA-71561, ZON-71562, VAR-71563, SUP-71565 and SDR-71566
GPA-71561 [PRJ-71491] - GENERAL PLAN AMENDMENT RELATED TO ZON-71562, VAR-71563, SUP-71565 AND
SDR-71566 - APPLICANT/OWNER: CHARLESTON LAND, LLC
SOUTHWEST CORNER OF CHARLESTON BOULEVARD AND WESTWOOD DRIVE
08/31/2017
GPA-71561 [PRJ-71491] - GENERAL PLAN AMENDMENT RELATED TO ZON-71562, VAR-71563, SUP-71565 AND
SDR-71566 - APPLICANT/OWNER: CHARLESTON LAND, LLC
SOUTHWEST CORNER OF CHARLESTON BOULEVARD AND WESTWOOD DRIVE
08/31/2017
GPA-71561 [PRJ-71491] - GENERAL PLAN AMENDMENT RELATED TO ZON-71562, VAR-71563, SUP-71565 AND
SDR-71566 - APPLICANT/OWNER: CHARLESTON LAND, LLC
SOUTHWEST CORNER OF CHARLESTON BOULEVARD AND WESTWOOD DRIVE
08/31/2017

GPA-71561, ZON-71562, VAR-71563, SUP-71565 and SDR-71566 - REVISED


Agenda Item No.: 30.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - ZON-71562 - REZONING RELATED TO GPA-71561 - PUBLIC HEARING -
APPLICANT/OWNER: CHARLESTON LAND, LLC - For possible action on a request for a
Rezoning FROM: P-R (PROFESSIONAL OFFICE AND PARKING) TO: C-1 (LIMITED
COMMERCIAL) on 0.35 acres at the southwest corner of Charleston Boulevard and Westwood
Drive (APNs 162-04-110-016 and 162-04-111-001), Ward 1 (Tarkanian) [PRJ-71491]. Staff
recommends DENIAL.

C.C.: 1/3/2018

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 4 Planning Commission Mtg. 5
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-71562
ZON-71562
ZON-71562

GOLDRING AVE

WILLOW ST
S TONOPAH DR

HOPE PL
R
A
N

HASTINGS AVE
C
H
O
LN

PD

SHADOW LN
W CHARLESTON BLVD
R-4

O SUBJECT C-1
PROPERTY
WESTWOOD DR

C-D

P-R

ELLIS AVE

JAYLAR CIR
R-E

PARK CIR

EDGEWOOD AVE R-1


WESTWOOD DR

ORMSBY ST

WALDMAN AVE

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

Compact-Lot P-R - Professional Offices


Date: Monday, September 11, 2017
and Parking
Agenda Item No.: 31.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71563 - VARIANCE RELATED TO GPA-71561 AND ZON-71562 - PUBLIC
HEARING - APPLICANT/OWNER: CHARLESTON LAND, LLC - For possible action on a
request for a Variance TO ALLOW 32 PARKING SPACES WHERE 38 ARE REQUIRED on
0.69 acres at the southwest corner of Charleston Boulevard and Westwood Drive (APNs
Multiple), C-1 (Limited Commercial) and P-R (Professional Office and Parking) Zones
[PROPOSED: C-1 (Limited Commercial)], Ward 1 (Tarkanian) [PRJ-71491]. Staff recommends
DENIAL.

C.C.: 1/3/2018

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 8
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 - VAR-71563, SUP-71565 and SDR-71566 [PRJ-71491]
3. Supporting Documentation
4. Support Postcards for VAR-71563 and SUP-71565 [PRJ-71491]
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-71563
VAR-71563
Agenda Item No.: 32.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71565 - REZONING RELATED TO GPA-71561, ZON-71562 AND VAR-71563 -
PUBLIC HEARING - APPLICANT/OWNER: CHARLESTON LAND, LLC - For possible
action on a request for a Special Use Permit FOR A PROPOSED DRIVE THROUGH USE at
the southwest corner of Charleston Boulevard and Westwood Drive (APNs Multiple), C-1
(Limited Commercial) and P-R (Professional Office and Parking) Zones [PROPOSED: C-1
(Limited Commercial)], Ward 1 (Tarkanian) [PRJ-71491]. Staff recommends DENIAL.

C.C.: 1/3/2018

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 8
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.
SUP-71565
SUP-71565
Agenda Item No.: 33.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SDR-71566 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-71561, ZON-
71562, VAR-71563 AND SUP-71565 - PUBLIC HEARING - APPLICANT/OWNER:
CHARLESTON LAND, LLC - For possible action on a request for a Site Development Plan
Review FOR A PROPOSED 2,055 SQUARE-FOOT RESTAURANT WITH WAIVERS FOR A
TWO-FOOT WIDE PERIMETER LANDSCAPE BUFFER ALONG A PORTION OF THE
EAST PROPERTY LINE WHERE 15 FEET IS REQUIRED, AN EIGHT-FOOT WIDE
PERIMETER LANDSCAPE BUFFER ALONG A PORTION OF THE WEST PROPERTY
LINE WHERE 15 FEET IS REQUIRED, A REDUCTION OF PERIMETER TREES ALONG
THE NORTH AND EAST PROPERTY LINES, AND TO ALLOW THE BUILDING TO NOT
BE ORIENTED TO THE CORNER AND STREET FRONTAGE WHERE SUCH IS
REQUIRED on 0.69 acres at the southwest corner of Charleston Boulevard and Westwood Drive
(APNs Multiple), C-1 (Limited Commercial) and P-R (Professional Office and Parking) Zones
[PROPOSED: C-1 (Limited Commercial)] Ward 1 (Tarkanian) [PRJ-71491]. Staff recommends
DENIAL.

C.C.: 1/3/2018

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. 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-71566
SDR-71566
Agenda Item No.: 34.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - GPA-71568 - GENERAL PLAN AMENDMENT - PUBLIC HEARING -
APPLICANT/OWNER: SHADOW LAND, LLC - For possible action on a request for a
General Plan Amendment FROM: O (OFFICE) TO: SC (SERVICE COMMERCIAL) on 3.27
acres at the southeast corner of Charleston Boulevard and Westwood Drive (APNs 162-04-111-
016 through 018 and 162-04-112-005), Ward 1 (Tarkanian) [PRJ-71531]. Staff recommends
DENIAL.

C.C.: 1/3/2018

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 10 Planning Commission Mtg. 8
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Staff Report - GPA-71568, ZON-71569, VAR-71927, VAR-71928 and SDR-71570 [PRJ-
71531]
3. Supporting Documentation - GPA-71568, ZON-71569, VAR-71927, VAR-71928 and SDR-
71570 [PRJ-71531]
4. Photo(s) - GPA-71568, ZON-71569, VAR-71927, VAR-71928 and SDR-71570 [PRJ-71531]
5. Justification Letter - GPA-71568, ZON-71569, VAR-71927, VAR-71928 and SDR-71570
[PRJ-71531]
6. Protest Comment Form for GPA-71568 [PRJ-71531] and Protest/Support Postcards,
Comment Forms and Letters for GPA-71568 and ZON-71569 [PRJ-71531]
GPA-71568, ZON-71569, VAR-71927, VAR-71928 and SDR-71570 [PRJ-71531]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: SHADOW LAND, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
GPA-71568 Staff recommends DENIAL.
ZON-71569 Staff recommends DENIAL. GPA-71568
VAR-71927 Staff recommends DENIAL, if approved subject to GPA-71568
conditions: ZON-71569

VAR-71928 Staff recommends DENIAL, if approved subject to GPA-71568


conditions: ZON-71569
VAR-71927
SDR-71570 Staff recommends DENIAL, if approved subject to GPA-71568
conditions: ZON-71569
VAR-71927
VAR-71928

** NOTIFICATION **
NEIGHBORHOOD ASSOCIATIONS NOTIFIED 29

NOTICES MAILED 168 - GPA-71568 and ZON-71569


105 - VAR-71927
98 - VAR-71928
168 - SDR-71570

PROTESTS 10 - GPA-71568
9 - ZON-71569
0 - VAR-71927
0 - VAR-71928
2 - SDR-71570

APPROVALS 8 - GPA-71568 and ZON-71569


8 - VAR-71927
3 - VAR-71928
8 - SDR-71570

FS
GPA-71568, ZON-71569, VAR-71927, VAR-71928 and SDR-71570 [PRJ-71531]
Conditions Page One
November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71927 CONDITIONS

Planning

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


71569), Variance (VAR-71928) and Site Development Plan Review (SDR-71570)
shall be required, if approved.

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

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

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

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

VAR-71928 CONDITIONS

Planning

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


71569), Variance (VAR-71927) and Site Development Plan Review (SDR-71570)
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.

FS
GPA-71568, ZON-71569, VAR-71927, VAR-71928 and SDR-71570 [PRJ-71531]
Conditions Page Two
November 14, 2017 - Planning Commission Meeting

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

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

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

SDR-71570 CONDITIONS

Planning

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


71569), Variance (VAR-71927) and Variance (VAR-71928) 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 09/27/17, except as amended by conditions herein.

4. One 24-inch box tree is required every 20 feet on-center within all perimeter
landscape buffer areas adjacent to a public right-of-way (Charleston Blvd, Ellis
Ave, and Shadow Lane), and where adjacent to residentially zoned property along
the west and south property lines. Four five-gallon shrubs are required to be
planted for each required tree.

5. One 24-inch box tree is required every 30 feet on-center within all perimeter
landscape buffer areas where adjacent to commercially zoned parcels along the
west, east and north property lines. Four five-gallon shrubs are required to be
planted for each required tree.

6. An eight-foot perimeter landscape buffer area planted with one 24-inch box tree
every 20 feet on-center with four five-gallon shrubs is required along the south side
of the proposed drive from Westwood Drive.

FS
GPA-71568, ZON-71569, VAR-71927, VAR-71928 and SDR-71570 [PRJ-71531]
Conditions Page Three
November 14, 2017 - Planning Commission Meeting

7. A 15-foot wide perimeter landscape buffer area planted with one 24-inch box tree
every 20 feet on-center with four five-gallon shrubs is required along Ellis Avenue.

8. One tree shall be planted for every six uncovered parking spaces (minimum of 52
trees). Each parking lot landscape island depicted on the site/landscape plan shall
be planted with at least one twenty-four inch box evergreen or deciduous shade
tree with a minimum of four five-gallon shrubs for every required tree.

9. Parking lots shall be screened from adjacent roadways by a low wall or berm with
a maximum height of thirty inches or some other screening method that has been
approved as part of a landscape plan and provides a continuous screen.

10. 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.

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

12. 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.

13. 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 all perimeter and parking lot landscaping
specified by the included conditions of approval and the requirements of Title
19.08.

14. 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.

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

FS
GPA-71568, ZON-71569, VAR-71927, VAR-71928 and SDR-71570 [PRJ-71531]
Conditions Page Four
November 14, 2017 - Planning Commission Meeting

Public Works

16. Dedicate a bus turn out in accordance with Standard Drawing number 234.4 prior
to the issuance of permits for this site. The bus turn out shall be constructed
concurrent with on-site development activities.

17. Grant a 5-food Public Pedestrian Access Easement along Charleston Boulevard
prior to the issuance of permits for this site. This condition will not be enforced for
areas already occupied by a building.

18. Grant a traffic signal chord easement at the southeast corner of Westwood Drive
and Charleston Blvd prior to issuance of permits for this site.

19. As currently design, this site shall not be permitted control vehicular access. If a
vehicular access control is proposed, a queuing analysis shall be submitted and
must receive approval by the City Traffic Engineer. This may be addressed on the
Traffic Impact Analysis.

20. Westwood Drive is a public street and may not be gated as indicated on the site
plan.

21. Correct all Americans with Disabilities Act (ADA) deficiencies on the sidewalks
adjacent to this site on Charleston Boulevard 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

22. Meet with the Fire Protection Engineering Section of the Department of Fire
Services to discuss fire requirements on Westwood Drive and Shadow Lane prior
to submittal of construction drawings for this site. Fire Department access shall be
maintained at all times per Fire Department Standards.

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

24. Contact the City Engineers Office at 702-229-6272 to coordinate the development
of this project with the Charleston Boulevard Rancho Drive to Martin Luther king
project, the West Charleston Bus Turnouts project, and any other public
improvement projects adjacent to this site. Comply with the recommendations of
the City Engineer.

FS
GPA-71568, ZON-71569, VAR-71927, VAR-71928 and SDR-71570 [PRJ-71531]
Conditions Page Five
November 14, 2017 - Planning Commission Meeting

25. 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.

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

27. Obtain an Occupancy Permit from the Nevada Department of Transportation


(NDOT) for all improvements in the Charleston Boulevard public right-of-way
adjacent to this site prior to constructing any improvements within NDOT
jurisdiction.

FS
GPA-71568, ZON-71569, VAR-71927, VAR-71928 and SDR-71570 [PRJ-71531]
Staff Report Page One
November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The request is for General Plan Amendment to the SC (Service Commercial) land use
designation, a Rezoning to the C-1 (Limited Commercial) zoning district, and a Site
Development Plan Review for a 308 space parking lot at the southwest corner of
Charleston Boulevard and Westwood Drive.

ISSUES

x A General Plan Amendment is requested from O (Office) to SC (Service


Commercial). Staff does not support this request.
x Rezoning from R-4 (High Density Residential), R-1 (Single Family Residential),
and R-E (Residence Estates) to C-1 (Limited Commercial) is requested for the
four subject parcels. Staff does not support this request.
x A Site Development Plan Review is being requested for a 308 space parking lot.
Staff does not support this request.
x Two Variance applications have been requested to allow a rezoning to the C-1
(Limited Commercial) zoning district for parcels with less than a 100-foot lot
width. Staff does not support this request.

ANALYSIS

All four of the subject parcels are currently designated O (Office) which provides for
small lot office conversions as a transition along primary and secondary streets from
residential and commercial uses, and for large planned office areas. The proposed SC
(Service Commercial) land use designation allows low to medium intensity retail, office,
or other commercial uses that serve primarily local area patrons and that do not include
more intense general commercial characteristics. Examples of development for this land
use designation include shopping centers, theaters, and other places of public
assembly. The Service Commercial land use designation may also allow mixed-use
development with a residential component.

The subject site is located within Study Area 1B of the Rancho Charleston Land Use
Study & Strategic Plan. Area 1B was designated as O (Office) to ensure that there was
a consistent land use buffer between the commercial uses north of Charleston
Boulevard and the residential to the south. One of the goals stated by the Strategic
Plan is, to ensure that low-density residential land uses within mature neighborhoods
can exist in close proximity to higher density residential, mixed-use, or non-residential
land uses by mitigating adverse impacts where feasible.

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A rezoning to the C-1 (Limited Commercial) zoning district is being requested, which is
intended to provide most retail shopping and personal services. The current zoning
districts of the four subject parcels are R-4 (High Density Residential), which is intended
for apartments or other high density residential products, R-1 (Single Family
Residential), which is intended for standard detached residential products, and R-E
(Residence Estates), which is intended for large lot (two per acre) residential home
sites. The existing underlying General Plan designation of O (Office) allows for either
the P-O (Professional Office) or O (Office) zoning districts, which are intended for
professional office and other low intensity commercial uses.

A rezoning to the P-O (Professional Office) or O (Office) would allow the development of
a surface parking lot as a conditional use while still conforming to the underlying O
(Office) land use designation and the intent of the Rancho Charleston Land Use Study
& Strategic Plan. A rezoning to a district that is consistent with the existing O (Office)
land use designation would also allow for the site to remain as a buffer from the more
intense commercial uses adjacent to Charleston Boulevard.

The C-1 (Limited Commercial) zoning district requires a minimum lot width of 100 feet;
however, the R-1 (Single Family Residential) zoned parcels at 1833 West Charleston
Boulevard (162-04-111-017) and 1109 Westwood Drive (162-04-111-016) have lot
widths of only 67 feet, and Variances have been requested to provide relief from this
requirement. A rezoning to the aforementioned P-O (Professional Office) district would
alleviate the need for the associated lot width Variances as the minimum lot width for
the district is 60 feet.

The subject site is located adjacent to single family residential along the western and
southern parcel lines, and the uses allowed by the SC (Service Commercial) land use
designation and C-1 (Limited Commercial) zoning district are not compatible in such
close proximity to single family homes. Less intense zoning districts that are compatible
with the existing underlying O (Office) land use designation could be utilized to
accommodate the intended parking lot use while maintaining a buffer from more intense
commercial uses. The proposed General Plan Amendment and Rezoning request do
not support the goals specified by the Rancho Charleston Land Use Study and Strategic
Plan, nor are they compatible with the existing surrounding area; therefore, staff is
recommending denial of both requests.

The site plan depicts a 308 space surface parking lot on four parcels located at the
southeast corner of Charleston Boulevard and Westwood Drive. The site will receive
access via drives from Charleston Boulevard, Westwood Drive, and Shadow Lane. The
applicant indicated on the justification letter that access to the parking lot will be
monitored by electric meter and on-site security rather than by a controlled gate.

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The landscape plan generally depicts the required landscape buffer widths along all
interior and street fronting property lines with the exception of the areas fronting Ellis
Avenue where an eight-foot width is provided where 15 feet is required. The landscape
plan also depicts a buffer width deficiency on the south side of the proposed drive from
Westwood Drive. The plan depicts six feet of buffer area where eight is required
adjacent to a residential property that is not within the scope of this development. The
landscaping on the north side of the drive will be installed when the future pad site is
developed. As no landscape waivers were requested by the applicant, conditions of
approval have been included to ensure compliance with all landscape buffer width
requirements.

Within all perimeter landscape buffer areas excepting those fronting Charleston
Boulevard and Shadow Lane, five-gallon shrubs are depicted instead of the required 24-
inch box trees. 24-inch box trees are required every 20 feet on center adjacent to street
frontages or residential zoned properties, and one every 30 feet adjacent to
commercially zoned property. As no landscape waivers were requested by the
applicant, a condition of approval has been added to ensure that the correct number of
24-inch box trees are installed within these areas. The landscaping adjacent to the area
shown as a future building pad will be required to be installed when that site is
developed.

The landscape plan generally depicts the required amount of parking lot landscape
islands; however, the plans shows the islands planted with 5-gallon shrubs rather than
the required 24-inch box trees and four five-gallon shrubs. A condition of approval has
been added to ensure compliance with this requirement.

The proposed parking lot is not an appropriate use in such close proximity to single
family residential neighborhoods. A rezoning to the P-O (Professional Office) or O
(Office) would allow the development of a surface parking lot as a conditional use while
still conforming to the underlying O (Office) land use designation and the intent of the
Rancho Charleston Land Use Study & Strategic Plan. Staff recommends denial of the
request.

These parcels are currently served by Las Vegas Valley Water District (LVVWD) but do
not have the required backflow prevention per NAC 445A.67195. Civil plans will need
to be submitted to LVVWD for domestic meter sizing and backflow retrofit. Proof of
parcel lot consolidation, or recordation of a commercial subdivision, will be required
prior to civil plan approval by LVVWD.

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FINDINGS (GPA-71568)

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

1. The density and intensity of the proposed General Plan Amendment is


compatible with the existing adjacent land use designations,

The subject parcels share a western and southern property line with existing
single family residences with land use designations of L (Low Density Residential)
or DR (Desert Rural Density Residential). Amending the land use designation to
SC (Service Commercial) would allow the introduction of medium intensity
commercial uses which are not appropriate adjacent to low and rural density
single family residential.

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


compatible with the existing adjacent land uses or zoning districts,

The requested C-1 (Limited Commercial) zoning designation will allow for
commercial uses that are not appropriate for this location as it is directly adjacent
to single family residential.

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


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

Adequate transportation, utility, and other facilities are able to accommodate the
proposed SC (Service Commercial) General Plan designation.

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


policies.

The proposed amendment does not conform to the Rancho Charleston Land Use
Study and Strategic Plan which specifically recommended the subject sites for an
O (Office) land use designation in order to provide an adequate buffer to the area
residents and prevent the further encroachment of more intense land uses into
their residential neighborhood.

FINDINGS (ZON-71569)

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


Commission or City Council must affirm the following:

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1. The proposal conforms to the General Plan.

If approved, the proposed C-1 (Limited Commercial) zoning district would conform
to the proposed SC (Service Commercial) land use 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.

Uses allowed by the C-1 (Limited Commercial) district are too intense for parcels
adjacent to single family residential. The uses permitted in the C-1 (Limited
Commercial) are not compatible with the surrounding residential land uses and
zoning districts to the south and west of the subject site.

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

Growth and development factors in the community do not indicate the need for
commercial uses to encroach upon the existing single family residential
neighborhood to the south and west. Moreover, a parking facility is a conditional
use in the P-O (Professional Office) or O (Office) zoning districts, which could
accommodate the proposed parking lot while still ensuring a buffer from more
intense commercial uses along the Charleston Boulevard frontage.

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.

Charleston Boulevard is adequate in size to meet the requirements of the


proposed zoning district. Shadow Lane south of Charleston Boulevard and
Westwood Drive are predominantly used for residential traffic.

FINDINGS (VAR-71927)

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.

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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 a C-1 (Limited
Commercial) zoning district for a lot that does not meet the minimum lot width
requirements. A rezoning to P-O (Professional Office) would allow conformance to Title
19 requirements and would permit the proposed parking lot as a conditional use. 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-71928)

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.

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No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by requesting a C-1 (Limited
Commercial) zoning district for a lot that does not meet the minimum lot width
requirements. A rezoning to P-O (Professional Office) would allow conformance to Title
19 requirements and would permit the proposed parking lot as a conditional use. 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-71570)

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;

A parking lot is a lower intensity commercial use; however, the related proposed
General Plan Amendment and Rezoning to the SC (Service Commercial) and C-1
(Limited Commercial) are not appropriate for this location and allows the
introduction of commercial uses that are not compatible with the residential
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;

With adherence with the included landscaping conditions of approval, the site will
be in compliance with duly-adopted city plans, policies and standards

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


neighborhood traffic;

The development will introduce additional traffic onto Shadow Lane and
Westwood Avenue, which are primary intended to handle neighborhood traffic.
Access from Charleston does not negatively impact adjacent roadways or
neighborhood traffic.

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

With adherence with the included landscaping conditions of approval, the


landscape material will be appropriate for the area and the city. There are no
structures proposed with this development.

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5. Building elevations, design characteristics and other architectural and


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

There are no structures proposed with this development.

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

The site will be subject to regular building and licensing inspection and therefore
the public safety and general welfare will be protected

BACKGROUND INFORMATION

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


The Historic Preservation Commission approved the consideration of a
Historic Preservation Commission Statement of Opposition (HPC-
08/26/09
35653) to the Las Vegas Planning Commission for the proposed
demolition of 1128 Shadow Lane.
An application was Withdrawn Without Prejudice for a Rezoning (ZON-
34775) from R-E (Residence Estates) to P-R (Professional Office and
Parking) at 1823 West Charleston Boulevard and 1128 Shadow Lane.
An application was Withdrawn Without Prejudice for a Special Use
Permit (SUP-34776) for a proposed Parking Lot, Commercial and a
Waiver to allow 24-hour parking where parking between the hours of
09/24/09
9:00 p.m. and 6:00 a.m. is not permitted at 1823 West Charleston
Boulevard and 1128 Shadow Lane.
An application was Withdrawn Without Prejudice for a Site
Development Plan Review (SDR-34777) for a proposed 272 space
Parking Lot, Commercial at 1823 West Charleston Boulevard and
1128 Shadow Lane.
A Conditional Use Verification (CUV-61045) was approved by staff for
08/27/15
a Community Residence at 1833 West Charleston Boulevard.
The Planning Commission voted (7-0) to abey the companion General
10/10/17 Plan Amendment (GPA-71568) and Rezoning (ZON-71569)
applications to the 11/14/17 Planning Commission meeting.

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


Code Enforcement processed a complaint (#170167) for a possible
08/29/16 homeless encampment at 1823 West Charleston Boulevard. The case
was closed on 09/13/16.
Code Enforcement processed a complaint (#179880) for a possible
06/19/17 homeless encampment and trash at 1823 West Charleston Boulevard.
The case was closed on 08/09/17.
Code Enforcement processed a complaint (#180923) for a possible
07/19/17 homeless encampment at 1823 West Charleston Boulevard. The case
was closed on 07/19/17.
Code Enforcement processed a complaint (#181826) for a possible
08/21/17 homeless encampment 1833 West Charleston Boulevard. The case
remains open.
Code Enforcement processed a complaint (#182886) for a possible
09/26/17 homeless encampment at 1823 West Charleston Boulevard. The case
remains open.

1109 Westwood Drive (162-04-111-016) and


1833 West Charleston Boulevard (162-04-111-017)
Most Recent Change of Ownership
05/16/16 A deed was recorded for a change in ownership.

1128 Shadow Lane (162-04-112-005) and


1823 West Charleston Boulevard (162-04-111-018)
Most Recent Change of Ownership
05/13/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no building permits and/or business licenses related to this application.

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
08/24/17 requirements for a General Plan Amendment, Rezoning, and Site
Development Plan Review application were discussed.

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Neighborhood Meeting
A neighborhood meeting was held by the applicant at 5:00 PM at the
Grace Presbyterian Church. There were five members of the
development team, five staff members, and 36 members of the public
in attendance. The concerns raised included the following:

x The C-1 zoning is not appropriate for the area


x The proposed C-1 zoning would remove the buffer from the
neighborhood and more intense commercial uses.
x The increase in traffic into the neighborhood and on Shadow
09/27/17 Land and Westwood Drive.
x The parking lot could be developed with a lower intensity zoning
district.
x The C-1 zoning would allow for unlimited building height.
x A parking lot doesnt benefit the neighborhood
x The development of the lot would reduce the homeless using
the lot.
x The parking lot is an interim use and more intense uses could
come in the future.

Field Check
Staff performed a routine field check of the subject site, which is a
08/27/17
fenced in vacant parcel.

Details of Application Request


Site Area
Net Acres 3.27

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Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
R-4 (High Density
Vacant
Residential)
Subject R-E (Residence
Undeveloped O (Office)
Properties Estates)
Single Family, R-1 (Single Family
Detached Residential)
LVMD (Las Vegas PD (Planned
North Hospital
Medical District) Development)
DR (Desert Rural
Density Residential)
Single Family R-E (Residence
South
Residential Estates)
L (Low Density
Residential)
Restaurant
General Retail C-1 (Limited
Store, Other Than Commercial)
East O (Office)
Listed
Office, Other Than P-R (Professional
Listed Office and Parking)
Single Family, L (Low Density R-1 (Single Family
Detached Residential) Residential)
P-R (Professional
West Parking Lot
Office and Parking)
O (Office)
Office, Other Than C-1 (Limited
Listed Commercial)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District - 200 Feet Y

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Other Plans or Special Requirements Compliance


Rancho Charleston Land Use Study N*
Trails N/A
Las Vegas Redevelopment Plan Area Redevelopment Area 2 Y**
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A
*See analysis.
** The subject sites are subject to the City of Las Vegas Redevelopment Plan for
Development Area 2 if and when development is proposed for the subject sites.

DEVELOPMENT STANDARDS

Pursuant to 19.08, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Width 100 Feet 67 Feet N
Min. Setbacks
x Front 10 Feet N/A Y
x Side 10 Feet N/A Y
x Corner 10 Feet N/A Y
x Rear 20 Feet N/A Y

1833 West Charleston Boulevard (162-04-111-017)


Existing Zoning Permitted Density Units Allowed
Unlimited (Depending on Unlimited (Depending on
R-4 (High Density
Height Limitations and Height Limitations and
Residential)
General Plan Designation). General Plan Designation).
Proposed Zoning Permitted Density Units Allowed
C-1 (Limited Commercial) N/A N/A
General Plan Permitted Density Units Allowed
O (Office) N/A N/A

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1109 Westwood Drive (162-04-111-016)


Existing Zoning Permitted Density Units Allowed
R-1 (Single Family 6,500 SF
1
Residential) Minimum Lot Size
Proposed Zoning Permitted Density Units Allowed
C-1 (Limited Commercial) N/A N/A
General Plan Permitted Density Units Allowed
O (Office) N/A N/A

1823 Charleston Blvd and 1128 Shadow Lane (162-04-111-018 and 162-04-112-005)
Existing Zoning Permitted Density Units Allowed
20,000 SF
R-E (Residence Estates) 1
Minimum Lot Size
Proposed Zoning Permitted Density Units Allowed
C-1 (Limited Commercial) N/A N/A
General Plan Permitted Density Units Allowed
O (Office) 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 (street) 1 Tree / 20 Linear Feet 5 Trees 3 Trees N*
x North (interior) 1 Tree / 30 Linear Feet 9 Trees 0 Trees N*
x South 1 Tree / 20 Linear Feet 22 Trees 2 Trees N*
x East (street) 1 Tree / 20 Linear Feet 6 Trees 2 Trees N*
x East (interior) 1 Tree / 30 Linear Feet 14 Trees 0 Trees N*
x West (commercial) 1 Tree / 30 Linear Feet 4 Trees 0 Trees N*
x West (residential) 1 Tree / 20 Linear Feet 23 Trees 1 Trees N*
TOTAL PERIMETER TREES 83 Trees 8 Trees N*
1 Tree / 6 Uncovered
Parking Area Trees Spaces, plus 1 tree at the 52 Trees 0 Trees N*
end of each row of spaces

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Landscaping and Open Space Standards


Standards Required Provided Compliance
Ratio Trees
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
x North 15 Feet 15 Feet Y
x South (street) 15 Feet 15 Feet Y
x South (interior) 8 Feet 6 Feet N*
x East (street) 15 Feet 15 Feet Y
x East (interior) 8 Feet 8 Feet Y
x West (street) 15 Feet 15 Feet Y
x West (interior 8 Feet 8 Feet Y
Not
Wall Height 6 to 8 Feet Adjacent to Residential
Indicated Y
*Conditions of approval have been included to ensure compliance with Title 19.08 landscape
requirements.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Charleston
Primary Arterial Streets and 100 Y
Boulevard
Highways
Westwood Drive Local Street Title 13 60 Y
Shadow Lane Local Street Title 13 60 Y
Ellis Avenue Local Street Title 13 30 Y*
*Ellis Avenue is currently fronted by property designated for residential use, a
commercial development may require the dedication of right-of-way for curb, gutter, and
sidewalk.

FS
GPA-71568



GPA-71568



GPA-71568

GOLDRING AVE

DESERT LN
WILLOW ST
S TONOPAH DR

HOPE PL
HASTINGS AVE
LVMD

RA
NC
HO
LN

SHADOW LN
W CHARLESTON BLVD

SC
WESTWOOD DR

SUBJECT ELLIS AVE

CHARMA ST LN
PROPERTY
PARK CIR

L
EDGEWOOD AVE
DR
WESTWOOD DR

ORMSBY ST

VD
WALDMAN AVE
BL
NG


WESTWOOD DR

KI
L
BIRCH ST

IN
RT
MA

PF
S

BANNIE AVE
LI/R

General Plan Amendment


FROM O TO SC
RNP - Rural Neighborhood MLA - Medium - Low Attached GTC - Tourist Commercial PF-CC Public Facility
Preservation
LVMD - Las Vegas Medical
Clark County 1000' Buffer
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
R - Rural O - Office Not City
Development C - Downtown - Commercial GIS maps are normally produced
only to meet the needs of the City.
SC - Service Commercial PR-OS - Park/Recreation/ Subject Property Due to c ontinuous dev elopment activity
L - Low MXU - Downtown - Mixed Use this map is for reference only .
Open Space Geographic Information System

ML - Medium - Low GC - General Commercial TND - Tradional Neighborhood Planning & Development Dept.
PF - Public Facility 702-229-6301
Development
Date: Tuesday, September 05, 2017

GPA-71568 and ZON-71569 - REVISED


GPA-71568 [PRJ-71531] - GENERAL PLAN AMENDMENT RELATED TO ZON-71569, VAR-71927, VAR-71928 AND
SDR-71570 - APPLICANT/OWNER: SHADOW LAND, LLC
SOUTHEAST CORNER OF CHARLESTON BOULEVARD AND WESTWOOD DRIVE
09/27/2017
GPA-71568 [PRJ-71531] - GENERAL PLAN AMENDMENT RELATED TO ZON-71569, VAR-71927, VAR-71928 AND
SDR-71570 - APPLICANT/OWNER: SHADOW LAND, LLC
SOUTHEAST CORNER OF CHARLESTON BOULEVARD AND WESTWOOD DRIVE
09/27/2017
GPA-71568 [PRJ-71531] - GENERAL PLAN AMENDMENT RELATED TO ZON-71569, VAR-71927, VAR-71928 AND
SDR-71570 - APPLICANT/OWNER: SHADOW LAND, LLC
SOUTHEAST CORNER OF CHARLESTON BOULEVARD AND WESTWOOD DRIVE
09/27/2017

GPA-71568, ZON-71569, VAR-71927, VAR-71928 and SDR-71570 - REVISED


Agenda Item No.: 35.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - ZON-71569 - REZONING RELATED TO GPA-71568 - PUBLIC HEARING -
APPLICANT/OWNER: SHADOW LAND, LLC - For possible action on a request for a
Rezoning FROM: R-4 (HIGH DENSITY RESIDENTIAL), R-1 (SINGLE FAMILY
RESIDENTIAL), AND R-E (RESIDENCE ESTATES) TO: C-1 (LIMITED COMMERCIAL)
on 3.27 acres at the southeast corner of Charleston Boulevard and Westwood Drive (APNs 162-
04-111-016 through 018 and 162-04-112-005), Ward 1 (Tarkanian) [PRJ-71531]. Staff
recommends DENIAL.

C.C.: 1/3/2018

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 9 Planning Commission Mtg. 8
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends DENIAL

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps - ZON-71569 and SDR-71570 [PRJ-71531]
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-71569



ZON-71569


ZON-71569

GOLDRING AVE

DESERT LN
WILLOW ST
S TONOPAH DR

HOPE PL
HASTINGS AVE

PD
RA
NC
HO
LN

SHADOW LN
W CHARLESTON BLVD
R-4
WESTWOOD DR

C-1
C-D
O
P-R
SUBJECT ELLIS AVE

CHARMA ST LN
PROPERTY
PARK CIR

EDGEWOOD AVE R-1


WESTWOOD DR

ORMSBY ST

VD
WALDMAN AVE
BL
NG


WESTWOOD DR

KI

R-E
L
BIRCH ST

IN
RT
MA

C-V
S

BANNIE AVE
M

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

Compact-Lot P-R - Professional Offices


Date: Tuesday, September 05, 2017
and Parking
Agenda Item No.: 36.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71927 - VARIANCE RELATED TO GPA-71568 AND ZON-71569 - PUBLIC
HEARING - APPLICANT/OWNER: SHADOW LAND, LLC - For possible action on a request
for a Variance TO ALLOW A 67-FOOT WIDE LOT WIDTH WHERE 100 FEET IS THE
MINIMUM REQUIRED FOR A PROPOSED C-1 (LIMITED COMMERCIAL) LOT on 0.17
acres at 1109 Westwood Drive (APN 162-04-111-016), R-1 (Single Family Residential)
[PROPOSED: C-1 (Limited Commercial)], Ward 1 (Tarkanian) [PRJ-71531]. Staff
recommends DENIAL.

C.C.: 1/3/2018

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 Planning Commission Mtg. 8
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. Support Postcards
VAR-71927



VAR-71927


Agenda Item No.: 37.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71928 - VARIANCE RELATED TO GPA-71568, ZON-71569, AND VAR-71927 -
PUBLIC HEARING - APPLICANT/OWNER: SHADOW LAND, LLC - For possible action on
a request for a Variance TO ALLOW A 67-FOOT WIDE LOT WIDTH WHERE 100 FEET IS
THE MINIMUM REQUIRED FOR A PROPOSED C-1 (LIMITED COMMERCIAL) LOT on
0.17 acres at the southeast corner of Charleston Boulevard and Westwood Drive (APN 162-04-
111-017), R-4 (High Density Residential) [PROPOSED: C-1 (Limited Commercial)], Ward 1
(Tarkanian) [PRJ-71531]. Staff recommends DENIAL

C.C.: 1/3/2018

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 0 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. Support Postcards
VAR-71928



VAR-71928


Agenda Item No.: 38.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SDR-71570 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-71568, ZON-
71569, VAR-71927 AND VAR-71928 - PUBLIC HEARING - APPLICANT/OWNER:
SHADOW LAND, LLC - For possible action on a request for a Site Development Plan Review
FOR A PROPOSED PARKING LOT on 3.27 acres at the southeast corner of Charleston
Boulevard and Westwood Drive (APNs 162-04-111-016 through 018 and 162-04-112-005), R-4
(High Density Residential), R-1 (Single Family Residential) and R-E (Residence Estates) Zones
[PROPOSED: C-1 (Limited Commercial)], Ward 1 (Tarkanian) [PRJ-71531]. Staff recommends
DENIAL.

C.C.: 1/3/2018

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 2 Planning Commission Mtg. 8
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest/Support Postcards
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
SDR-71570


Agenda Item No.: 39.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
ABEYANCE - VAR-71504 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER:
GABRIEL CULP - For possible action on a request for a Variance TO ALLOW A 10-FOOT
TALL FENCE IN THE FRONT YARD SETBACK WHERE FIVE FEET IS THE MAXIMUM
ALLOWED AND TO ALLOW A 10-FOOT TALL SOLID WALL ALONG THE SIDE AND
REAR PROPERTY LINES WHERE EIGHT FEET IS ALLOWED on 0.50 acres at 1300 C
Street (APN 139-27-111-066), C-2 (General Commercial) Zone, Ward 5 (Barlow) [PRJ-71456].
Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 7 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
6. Protest Postcards
VAR-71504 [PRJ-71456]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: GABRIEL CULP

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71504 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 12

NOTICES MAILED 207

PROTESTS 7

APPROVALS 0

NE
VAR-71504 [PRJ-71456]
Conditions Page One
November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71504 CONDITIONS

Planning

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

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

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

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

Public Works

5. The proposed wall shall not be constructed in the public right-of-way.

6. Submit a License Agreement for landscaping and private improvements in the C


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

NE
VAR-71504 [PRJ-71456]
Staff Report Page One
November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Variance to allow the construction of a 10-foot tall CMU (Concrete
Masonry Wall) along the north, south, and east perimeters where 8 feet is the maximum
height allowed; and a ten-foot tall wrought iron fence along the west perimeter where 5
feet is the maximum height allowed.

ISSUES

x A Variance is required to allow 10-foot tall perimeter walls for the north, south,
and east perimeters where 8 feet is the maximum allowed in the C-2 (General
Commercial) zoning district.
x A Variance is required to allow a 10-foot tall wrought iron fence for the west
perimeter (front) where 5 feet is the maximum height allowed in the C-2 (General
Commercial) zoning district.

ANALYSIS

Located on the northeast corner of Monroe Avenue and C Street, the subject site currently
contains a building in the southwest corner of the site. As mentioned in the justification
letter, the applicant intends to construct a new building on the site, but in the meantime
would like to secure the site with the proposed 10-foot tall CMU decorative wall along the
north, south, and east perimeters, with a 10-foot tall decorative wrought iron fence along
the east perimeter.

The CMU wall would contain 24-inch pilasters every 18 feet on center, with the top 24-
inches of the wall containing split face CMU for a decorative effect and to meet the 20
percent contrasting material set forth by Title 19 for CMU perimeter walls. The wrought
iron proposed for the east perimeter would contain an ornamental finial (top) every seven
feet with three rows of horizontal iron for structural stability. Entry to the site would be
provided by a pedestrian gate adjacent to C Street, or the front of the site, and a larger
gate along the north perimeter adjacent to the alley, to allow vehicular traffic onto the site.

Title 19 allows a maximum height of eight feet for perimeter walls and fences along the
side and rear property lines, and only five feet for the front property line. Since the subject
site is a corner lot, Title 19 defines the front property line of a corner lot as the side that
fronts on a street or drive and has the lesser dimension in width as the front of the lot. In
this instance, the frontage along C Street is the front.
NE
VAR-71504 [PRJ-71456]
Staff Report Page Two
November 14, 2017 - Planning Commission Meeting

Title 19 also prohibits solid screen walls from being constructed in the front yard of a
commercial or industrial property. Alternatively, Title 19 allows a maximum height of 5
feet, with only the bottom 2 feet permitted to be solid and the remaining 3 feet to be 50
percent open. The applicant has proposed a ten-foot tall wrought iron decorative fence
for the front of the property. The proposed wrought iron fence would not contain the 2-
foot solid base and would be provide the 50 percent open component required by Title
19.

While it is not required as part of this request, the applicant has demonstrated on the
site plans landscape plantings along the west and south perimeter adjacent to the right-
of-way. As stated in the justification letter, the applicant intends on developing the site in
the future and would like to install the landscaping in conjunction with the perimeter
walls and fence. Required landscape buffers will be addressed when the applicant
proposes development for the subject site in the future.

Staff finds the requested Variance requests to be a self-imposed hardship and is


recommending denial of both requests.

FINDINGS (VAR-71504)

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 perimeter walls that exceed

NE
VAR-71504 [PRJ-71456]
Staff Report Page Three
November 14, 2017 - Planning Commission Meeting

the maximum height allowed within the C-2 (General Commercial) zoning district.
Proposing a wall height that conforms to Title 19 requirements would allow conformance
and not require a Variance. 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 Planning Commission voted (7-0) to hold VAR-71504[PRJ-71456]
10/10/17
in abeyance to the November 14, 2017 Planning Commission meeting.

Most Recent Change of Ownership


07/19/17 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


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

Pre-Application Meeting
Staff conducted a pre-application meeting where the landscape buffer
08/17/17
standards and wall height limitations were discussed.

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

Field Check
During a routine field check performed by staff several storage
containers were noted on site. On top of one of the storage containers
was part of a large vehicle, and wooden pallets were observed
08/31/17 discarded on the site. Outdoor storage is permitted as an accessory
use in the C-2 (General Commercial) zoning district, and it must be
screened. The site has been reported to Code Enforcement for further
investigation.

NE
VAR-71504 [PRJ-71456]
Staff Report Page Four
November 14, 2017 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres 0.50

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject C-2 (General
Vacant MXU (Mixed Use)
Property Commercial)
C-2 (General
North Multi-Family MXU (Mixed Use)
Commercial)
R-3 (Medium Density
South Multi-Family MXU (Mixed Use)
Residential)
R-4 (High Density
East Multi-Family MXU (Mixed Use)
Residential)
Single Family, C-2 (General
West MXU (Mixed Use)
Detached Commercial)

Master and Neighborhood Plan Areas Compliance


West Las Vegas Plan Y
West Las Vegas Walkable Community Plan Y
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District - 175 Feet Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Downtown Redevelopment Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

NE
VAR-71504 [PRJ-71456]
Staff Report Page Five
November 14, 2017 - Planning Commission Meeting

DEVELOPMENT STANDARDS

Pursuant to Title 19.08, the following standards apply:


Wall Height
Maximum Proposed Compliance
Perimeter Material Height Height
Allowed
CMU
North 8 Feet 10 Feet N*
(Concrete Masonry Unit)
CMU
South 8 Feet 10 Feet N*
(Concrete Masonry Unit)
West Wrought Iron 5 Feet 10 Feet N*
CMU
East 8 Feet 10 Feet N*
(Concrete Masonry Unit)
*The applicant has proposed 10-foot tall perimeter walls for the north, south, and east
perimeters where 8 feet is the maximum allowed; and a 10-foot tall wrought iron fence for the
west perimeter where 5 feet is the maximum height allowed.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
C Street Local Street Title 13 52 Y
Monroe Avenue Local Street Title 13 52 Y

NE
VAR-71504



VAR-71504

VAR-71504

VAR-71504
VAR-71504 [PRJ-71456] - VARIANCE - APPLICANT/OWNER: GABRIEL CULP
1300 C STREET
08/31/2017
VAR-71504 [PRJ-71456] - VARIANCE - APPLICANT/OWNER: GABRIEL CULP
1300 C STREET
08/31/2017
VAR-71504 [PRJ-71456] - VARIANCE - APPLICANT/OWNER: GABRIEL CULP
1300 C STREET
08/31/2017
VAR-71504 [PRJ-71456] - VARIANCE - APPLICANT/OWNER: GABRIEL CULP
1300 C STREET
08/31/2017
VAR-71504 [PRJ-71456] - VARIANCE - APPLICANT/OWNER: GABRIEL CULP
1300 C STREET
08/31/2017
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VAR-71504
Agenda Item No.: 40.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
WVR-71797 - WAIVER - PUBLIC HEARING - APPLICANT/OWNER: DR HORTON, INC. -
For possible action on a request for a Waiver TO ALLOW NO STREET LIGHTS ON AMULET
RIDGE COURT, IRISH CLIFFS COURT AND TROPICAL PARKWAY, WEST OF ALPINE
RIDGE WAY on 8.16 acres located with a residential subdivision on the southwest corner of
Tropical Parkway and Alpine Ridge Way (APNs Multiple), R-D (Single Family Residential-
Restricted) Zone, Ward 6 (Fiore) [PRJ-71720]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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
WVR-71797 [PRJ-71720]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: DR HORTON, INC.

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
WVR-71797 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 7

NOTICES MAILED 160

PROTESTS 0

APPROVALS 0

JB
WVR-71797 [PRJ-71720]
Conditions Page One
November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

WVR-71797 CONDITIONS

Planning

1. Conformance to the Conditions of Approval for Variances (VAR-63098 and VAR-


63259), Waiver (WVR-63099) and Tentative Map (TMP-63100).

2. This approval shall be void four (4) years from the date of final approval, unless
exercised pursuant to the provisions of LVMC Title 19.16. An Extension of Time
may be filed for consideration by the City of Las Vegas.

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

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

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

Public Works

6. The installation of streetlights on Amulet Ridge Court, Irish Cliffs Court and
Tropical Parkway shall be deferred provided that exterior street lighting shall be
stubbed out for later use, including all necessary underground improvements
including conduit and pull boxes at each future streetlight location, and the
developer shall provide to the City such streetlights for future installation.
Alternatively, monies in lieu of such deferred streetlights, including foundations,
may be contributed to the City if allowed by the Department of Public Works. The
contributed amount shall be based on the City's current bond schedules for all
streetlights and associated infrastructure deferred by this action adjacent to this
site.

JB
WVR-71797 [PRJ-71720]
Staff Report Page One
November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant has requested a Waiver to allow no street lights on Amulet Ridge Court,
Irish Cliffs Court and Tropical Parkway, west of Alpine Ridge Way.

ISSUES

x A Waiver is required to not install required street lights on Amulet Ridge Court, Irish
Cliffs Court and Tropical Parkway, west of Alpine Ridge Way. Staff does not support
this request.

ANALYSIS

On May 18th, 2016 the City Council approved a request for a Waiver (WVR-63099) to
allow no street lights on Michelli Crest Way, Antique Ridge Court, Shrine Ridge Court, El
Campo Grande Avenue and Tropical Parkway, east of Alpine Ridge Way; and a Tentative
Map (TMP-63100) for a 49-lot single-family residential subdivision on the subject site.

The applicant is requesting the proposed Waiver (WVR-71797) to allow no street lights on
Amulet Ridge Court, Irish Cliffs Court and Tropical Parkway, west of Alpine Ridge Way.
Staff does not support this requested Waiver as it is does meet the required complete
street standards outlined in Title 19.02.240, which requires street lighting for public streets
to be designed, installed or upgraded in accordance with City standards.

FINDINGS (WVR-71797)

When a site is developed in the City of Las Vegas, it is customary to require the
installation of all incomplete improvements surrounding the site so they match what
exists in the surrounding area. When this site came in previously, the request was to
only defer streetlights on the east side of Alpine Ridge Way. This request was
approved by City Council on 5/18/2016 under Waiver (WVR-63099). Although
streetlights are not customary in this area, the City is currently working on building
complete streets throughout the City. Staff does not support this requested Waiver as it
does not meet the required complete street standards outlined in Title 19.02.240, which
requires street lighting for public streets to be designed, installed or upgraded in
accordance with City standards.

JB
WVR-71797 [PRJ-71720]
Staff Report Page Two
November 14, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

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


The City Council approved Annexation (ANX-59605) for a Petition to
09/02/15 Annex 25.00 acres generally located south of Tropical Parkway and
west of Michelli Crest Way.
The City Council approved a request for a Rezoning (ZON-62343)
from R-E (Residence Estates) zoning district to an R-D (Single Family
02/17/16 Residential-Restricted) zoning district on 25 acres at the south of
Tropical Parkway and west of Michelli Crest Way. The Planning
Commission and staff recommended approval.
The City Council approved a request for a Variance (VAR-63098) to
allow a 1.00 street connectivity ratio where 1.30 is the minimum
required at the southwest corner of Tropical Parkway and Michelli
Crest Way. The Planning Commission recommended approval and
staff recommended denial.
The City Council approved a request for a Variance (VAR-63259) to
allow no curb, gutter or sidewalks on Michelli Crest Way, Antique
Ridge Court, Shrine Ridge Court, El Campo Grande Avenue, Tropical
Parkway east of Alpine Ridege Way as well as non-standard curbs in
the public right-of-way to allow three foot valley gutters instead of L-
curbs on Antique Ridge Court and Shrine Ridge Court where complete
street standards are required at the southwest corner of Tropical
05/18/16 Parkway and Michelli Crest Way. The Planning Commission
recommended approval and staff recommended denial.
The City Council approved a request for a Waiver (WVR-63099) to
allow a 177-foot and 218-foot external intersection off sets where 220
feet is the minimum distance separation required and to allow no
streetlights on Michelli Crest Way, Antique Ridge Court, Shrine Ridge
Court, El Campo Grande Avenue and Tropical Parkway, east of Alpine
Ridge Way. The Planning Commission recommended approval and
staff recommended denial.
The City Council approved a request for a Tentative Map (TMP-63100)
for a 49-lot single-family residential subdivision at the southwest corner
of Tropical Parkway and Michelli Crest Way. The Planning
Commission recommended approval and staff recommended denial.

Most Recent Change of Ownership


DR Horton, LLC was declared the highest bidder at a public land
auction and provided a letter from The Bureau of Land Management, A
07/08/16
United States of America agency, to allow land use applications to be
submitted. D R Horton has 180 days to close the purchase.

JB
WVR-71797 [PRJ-71720]
Staff Report Page Three
November 14, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


The Final Map (FMP-68007) for BLM Site 11 West was recorded for a
04/18/17 26-lot single-family residential subdivision at the southwest corner of
Tropical Parkway and Michelli Crest Way.
The Final Map (FMP-68005) for BLM Site 11 East was recorded for a
06/01/17 23-lot single-family residential subdivision at the southwest corner of
Tropical Parkway and Michelli Crest Way.

Pre-Application Meeting
Staff met with the applicant regarding a request for a Waiver of
09/26/17 required Streetlights on Amulet Ridge Court, Irish Cliffs Court and
Tropical Parkway west of Alpine Ridge Way.

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

Field Check
During a routine site inspection staff noted a well maintained site with
10/05/17
homes currently under construction.

Details of Application Request


Site Area
Gross Acres 8.16

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject L (Low Density R-D (Single Family
Undeveloped
Property Residential) Residential-Restricted)
RN (Rural R-E (Rural Estates
Single-Family,
North Neighborhood) Clark Residential District)
Detached
County Clark County
L (Low Density R-D (Single Family
South Undeveloped
Residential) Residential-Restricted)
Single-Family, L (Low Density R-D (Single Family
East
Detached Residential) Residential-Restricted)
Single-Family, L (Low Density R-1 (Single Family
West
Detached Residential) Residential)

JB
WVR-71797 [PRJ-71720]
Staff Report Page Four
November 14, 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 Y
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Pursuant to Title 19.06.065, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size 10,000 SF 10,932 SF Y
Min. Lot Width 80 Feet 84 Feet Y
Min. Setbacks
x Front 25 Feet 25 Feet Y
x Side 5 Feet 5 Feet Y
x Corner 15 Feet 15 Feet Y
x Rear 30 Feet 30 Feet Y
Max. Lot Coverage N/A N/A N/A
Max. Building Height 2 Stories 2 Stories Y
Mech. Equipment Screened Screened Y

Actual Complian
Functional
Governing Street ce with
Street Name Classification
Document Width Street
of Street(s)
(Feet) Section
Master Plan of Streets
Tropical Parkway Major Collector 80 Y
and Highways
Amulet Ridge Court
Irish Cliffs Court Local Street Title 13 47 Y

JB
WVR-71797 [PRJ-71720]
Staff Report Page Five
November 14, 2017 - Planning Commission Meeting

Waivers
Requirement Request Staff Recommendation
To not install
To install required streetlights required streetlights
on Amulet Ridge Court, Irish on Amulet Ridge
Cliffs Court and Tropical Court, Irish Cliffs Approval
Parkway west of Alpine Court and Tropical
Ridge Way. Parkway west of
Alpine Ridge Way.

JB
A 7 7 A

A 7 7 A b A 7

b 7 7 WVR-71797

A 7

7 77 7 7
7

7 7A 7 7
7

7 7 7 7
7

777 77) 777 777 7 77b 7b 7


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7 7777 77777 77
77 7777 77

7 7

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

b 7 7 7

7 7

A 7 7
7
7

7 77 7 7 7
7

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7
7
7

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  7 7 7
77
A 7A7
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A 77
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A 7 9 7 A
A b A 77 79
A A 7 7
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7 7 7 7 7 7 7
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7 77
7 7 7
b 7 79 7 9 7A 7
7A 77 7 7 7 7 7 7
A 7 7 7 A 7 A 7 A 7 7 7

7 7 7 7 b 7b 79
A 7 7 7 7 7 7 7 7 77 9

b 7 7 7 7 7
7A 7b

A b A 7 7 7 b 7b 79
A 7 77 7 7 7 777 7 77 9
b 7 7 7 7 7
7A 7 b

A 7 7 7 b 7A 7
A 7 7 7b 7 7 7 7 77 97 7

b 7 7 7 7 7 7
7A 7

7 777 7777777 7 7777777777 7 7) 7777777b 7777

7777777777 77 777777777777 77 77

777 77 )77 77777 77

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b WVR-71797
7
77 77

7 7 7 <

79
77 7

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A7A7 7 7 7 7 7 7
7777 7
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7 7A 77 77

WVR-71797
WVR-71797 [PRJ-71720] - WAIVER - APPLICANT/OWNER: DR HORTON, INC.
SOUTHWEST CORNER OF TROPICAL PARKWAY AND ALPINE RIDGE WAY
10/05/17
WVR-71797 [PRJ-71720] - WAIVER - APPLICANT/OWNER: DR HORTON, INC.
SOUTHWEST CORNER OF TROPICAL PARKWAY AND ALPINE RIDGE WAY
10/05/17
WVR-71797 [PRJ-71720] - WAIVER - APPLICANT/OWNER: DR HORTON, INC.
SOUTHWEST CORNER OF TROPICAL PARKWAY AND ALPINE RIDGE WAY
10/05/17
WVR-71797

Agenda Item No.: 41.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71688 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: SCHOOL BOARD
OF TRUSTEES - For possible action on a request for a Variance TO ALLOW A 39-FOOT
BUILDING HEIGHT WHERE 35 FEET IS THE MAXIMUM ALLOWED, A TWO-FOOT
WIDE LANDSCAPE BUFFER ALONG A PORTION OF THE EAST PROPERTY LINE
WHERE 15 FEET IS REQUIRED AND ZERO PARKING LOT LANDSCAPE ISLANDS
WHERE FOUR ARE REQUIRED on 6.16 acres at 1300 Pauline Way (APNs 162-02-501-001
and 162-02-601-001), C-V (Civic) Zone, Ward 3 (Coffin) [PRJ-70943].

MAY GO TO CITY COUNCIL ON 1/3/2018


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:
DENIAL

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-71688, VAR-71796 and SDR-71690 [PRJ-70943]
2. Conditions and Staff Report - VAR-71688, VAR-71796 and SDR-71690 [PRJ-70943]
3. Supporting Documentation - VAR-71688, VAR-71796 and SDR-71690 [PRJ-70943]
4. Photo(s) - VAR-71688, VAR-71796 and SDR-71690 [PRJ-70943]
5. Justification Letter - VAR-71688, VAR-71796 and SDR-71690 [PRJ-70943]
6. Support Postcard for VAR-71688 and VAR-71796 [PRJ-70943]
VAR-71688, VAR-71796 and SDR-71690 [PRJ-70943]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
Staff recommends DENIAL, if approved subject to
VAR-71688
conditions:
Staff recommends DENIAL, if approved subject to
VAR-71796 VAR-71688
conditions:

Staff recommends DENIAL, if approved subject to VAR-71688


SDR-71690
conditions: VAR-71796

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 34

NOTICES MAILED 374 - VAR-71688 and VAR-71796


374 - SDR-71690

PROTESTS 0 - VAR-71688 and VAR-71796


0 - SDR-71690

APPROVALS 1 - VAR-71688 and VAR-71796


1 - SDR-71690

SS
VAR-71688, VAR-71796 and SDR-71690 [PRJ-70943]
Conditions Page One
November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71688 CONDITIONS

Planning

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


71796) and Site Development Plan Review (SDR-71690) shall be required, if
approved.

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

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

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

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

VAR-71796 CONDITIONS

Planning

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


71688) and Site Development Plan Review (SDR-71690) 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.

SS
VAR-71688, VAR-71796 and SDR-71690 [PRJ-70943]
Conditions Page Two
November 14, 2017 - Planning Commission Meeting

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

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

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

SDR-71690 CONDITIONS

Planning

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


71688 and VAR-71796) 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 10/23/17;
landscape plan, date stamped 11/02/17 and building elevations, date stamped
10/05/17, 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. 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.

SS
VAR-71688, VAR-71796 and SDR-71690 [PRJ-70943]
Conditions Page Three
November 14, 2017 - Planning Commission Meeting

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


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

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

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

Public Works

10. Dedicate a 15-foot radius on the northwest corner of Pauline Way and Wengert
Avenue prior to the issuance of any permits.

11. Correct all Americans with Disabilities Act (ADA) deficiencies, if any, on the
sidewalk along Pauline Way and Wengert Avenue 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.

12. Concurrent with onsite development, the new addition shall connect to the public
sewer.

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

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

SS
VAR-71688, VAR-71796 and SDR-71690 [PRJ-70943]
Staff Report Page One
November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is requesting to construct a new 34,440 square-foot classroom building at


an existing elementary public school at 1300 Pauline Way. The building will be two
stories and will include 22 classrooms, restrooms and storage facilities. Construction
will displace a portion of the existing turf and playground areas at the northeast corner
of the site, as well as replace existing portable classrooms. The existing parking lot
would be extended to the north and eliminate access from Franklin Avenue and Pauline
Way.

ISSUES

x The site is zoned C-V (Civic) and is subject to the requirements of Title 19.10.020,
which generally allows the establishment of development standards through
approval of a Site Development Plan Review. However, because the site is adjacent
to R-1 (single Family Residential) zoned properties, development is subject to
specific Title 19 standards.
x The site is parking impaired; however, a sufficient number of additional parking
spaces to meet the requirements of the proposed building are not being provided. A
Variance is required to allow 17 new parking spaces where 66 additional spaces are
required. Staff recommends denial of the variance.
x A Variance from Title 19.10.020 is required to allow a 39-foot building height where
35 feet is allowed, a two-foot perimeter landscape buffer along a portion of the east
property line where 15 feet is required and no parking lot landscape islands where
four islands are required. Staff recommends denial of the variance.
x The applicant is unable to add trees within the landscape buffer along the east
property line north of Franklin Avenue due to an existing NV Energy easement that
contains overhead power lines. An alternative landscape design is proposed that
includes shrubs within the easement area and additional trees within the
development.
x The site consists of two separate contiguous parcels that must be consolidated into
one so that the proposed building does not cross a lot line. The mapping action
shall be completed and recorded prior to the issuance of any building permits. A
condition of approval addresses this issue.

SS
VAR-71688, VAR-71796 and SDR-71690 [PRJ-70943]
Staff Report Page Two
November 14, 2017 - Planning Commission Meeting

ANALYSIS

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

Site Development is subject to LVMC Title 19, with emphasis on 19.10.020 with regard
to C-V zoned properties. Per Title 19.10.020, the development standards for a C-V
(Civic) property are established by approval of a Site Development Plan Review.
However, when adjacent to a residential use in certain residential zoning districts,
additional standards are applied. Those standards include the maximum building height
of the R-E (Residence Estates) District, the landscape buffer standards of the P-O
(Professional Office) District, and the Title 19.08 commercial and industrial parking
design standards. If these specific standards cannot be met, a variance is required. In
this case, the school property is adjacent to single-family residential parcels to the south
and east zoned R-1 (Single Family Residential).

The 35-foot maximum building height required by Title 19.10.020 is proposed to be


exceeded by approximately four feet, a 10 percent deviation. In this particular case, the
proposed 34,440 square-foot building would be set back approximately 55 feet from the
R-1 zoned residential properties to the east. At the proposed height of 38 feet, 2
inches, the building setback does not meet (but is not strictly subject to) the 3:1
distance-to-height ratio normally applied to nonresidential developments outside of the
C-V zoning district. The building would be separated from one residential property
located along Franklin Avenue by an existing 45-foot wide landscape buffer within a
power easement. Because of the easement, only a chain link fence and no trees can
be provided for screening from the adjacent residential properties. As sufficient
evidence of a hardship has not been given for the additional building height and
adequate measures have not been taken to mitigate the impacts of the taller building,
staff recommends denial of the variance.

Perimeter landscaping is provided on the north and east sides adjacent to new
development; buffers on the south and west property lines will remain as built. The
perimeter buffer along the east property line adjacent to the parking lot narrows down to
two feet in width to allow for a uniform 44-foot drive aisle in the parking lot that
complements the existing parking lot. In addition, only one additional parking lot tree is
being provided, where four additional trees are required. The trees can be provided;
however, the addition of landscape islands would cause the loss of several parking
spaces. As the site is already parking impaired and requires a variance, the applicant is
opting to omit the required landscaping. These deficiencies point to the fact that the site

SS
VAR-71688, VAR-71796 and SDR-71690 [PRJ-70943]
Staff Report Page Three
November 14, 2017 - Planning Commission Meeting

is already overbuilt, and proposing additional development only increases the


incompatibility to the adjacent properties. A 45-foot wide NV Energy easement is
located along the east property line north of Franklin Avenue. Due to the overhead
power lines, no trees or tall vegetation can be planted in this area. As an alternative
landscape design, the applicant has proposed five-gallon shrubs within the redeveloped
portion of the easement and placement of the seven trees that would be required in the
buffer on other portions of the site. This design is acceptable under Title
19.08.040(F)(3), as the trees cannot be provided in the normal buffer area in this
instance but still would be provided elsewhere on the site.

The site is parking impaired pursuant to Title 19.18.030(D)(1). The existing school
building has legally provided 30 spaces for 46 classrooms where 138 are currently
required under the Unified Development Code. Pursuant to Title 19.18.030(D), only the
conforming number of spaces to accommodate the new classroom building is required;
therefore, 66 additional spaces will be required. The applicant is proposing to provide
17 additional spaces for a total of 47 spaces overall, requiring a variance.
Supplemental offsite parking containing 78 spaces is provided on the parcel to the west
of the school, which is located within a separate 100-foot wide NV Energy easement.
The lack of space for onsite parking indicates that the site is proposing to be overbuilt,
and denial is therefore recommended for the parking variance.

The proposed classroom building exterior will consist of variations in texture, color and
materials, featuring a colored CMU base and corrugated metal paneling. The roofline
would be flat but the parapet would vary in height. The elevations will be visually
appealing and compatible with surrounding development; however, the building will not
be adequately screened from residential development.

The site consists of two separate contiguous parcels that must be consolidated into one
so that the proposed building does not cross a lot line. The mapping action shall be
completed and recorded prior to the issuance of any building permits. A condition of
approval addresses this issue.

The expansion conforms to the policies and objectives of the School Facilities Element
of the Las Vegas 2020 Master Plan. However, given the relatively small size of the site
and its proximity to residential development without mitigation of the effects of
development, the proposed classroom and parking lot additions to the existing primary
school are not compatible with the existing school facilities and development on
neighboring properties. Staff therefore recommends denial of the Site Development
Plan Review, subject to conditions.

SS
VAR-71688, VAR-71796 and SDR-71690 [PRJ-70943]
Staff Report Page Four
November 14, 2017 - Planning Commission Meeting

FINDINGS (VAR-71688)

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

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


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

Additionally, Title 19.16.140(L) states:


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

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by proposing a building height of 39 feet
in the C-V zoning district where adjacent to a single-family residential use. Reducing
the building height to 35 feet 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-71796)

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.

SS
VAR-71688, VAR-71796 and SDR-71690 [PRJ-70943]
Staff Report Page Five
November 14, 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 building that will generate
more parking than the applicant can provide on the site. A reduction in building size
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-71690)

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 site is already relatively small for a school; the proposed placement of the
addition is directly adjacent to an existing single family residential parcel, but
adequate screening is not provided between the school property and the
residential property. In addition, the additional parking required to meet the needs
of the addition cannot be provided on the site.

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

The proposed development does not meet the required building height, parking,
perimeter landscape buffer width or parking lot landscaping standards of the C-V
zoning district for developments adjacent to single-family residential zoning
districts. Adequate measures have not been taken to mitigate negative effects to
adjacent properties. The School Facilities Element of the Las Vegas 2020 Master

SS
VAR-71688, VAR-71796 and SDR-71690 [PRJ-70943]
Staff Report Page Six
November 14, 2017 - Planning Commission Meeting

Plan includes policies and objectives highlighting cooperation with Clark County
School District in meeting the needs of the citys expanding population. This
includes providing equal educational opportunities in established neighborhoods,
which is satisfied by this proposal.

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


neighborhood traffic;

Circulation around the site is logical and will minimize conflicts. The primary
access from Wengert Avenue will not be changed; however, one of the existing
driveways from Pauline Way will be closed off by new landscaping. It is estimated
that approximately 179 additional vehicles overall during peak traffic periods
would be introduced into the area as a result of the proposed development. The
affected neighborhood streets of Pauline Way, Wengert Avenue, Franklin Avenue
and 17th Street are all believed to be under capacity at this time.

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

The proposed building will have a variegated concrete block base with storefront
glazing, with contrasting corrugated metal panels and colored masonry block
above. New landscaping will consist of drought-tolerant trees and shrubs. The
proposed materials are appropriate for the area and the City.

5. Building elevations, design characteristics and other architectural and


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

The proposed building will vary in colors and materials and contain rooflines of
varying height. The mass of the building will be broken up with contrasting
corrugated metal panels and CMU block providing varied wall planes for visual
interest. The proposed design will be harmonious and compatible with
development in the area.

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

All proposed development will be subject to code compliance and enforcement to


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

SS
VAR-71688, VAR-71796 and SDR-71690 [PRJ-70943]
Staff Report Page Seven
November 14, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

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


The City Council approved a request for a Rezoning (ZON-29204)
from R-1 (single Family Residential) to C-V (Civic) on 12.33 acres at
the northwest corner of Sahara Avenue and Spencer Street. The
Planning Commission and staff recommended approval.
The City Council approved a request for a Site Development Plan
01/07/09
Review (SDR-29203) for an existing Electric Utility Substation with 13
proposed transmission line poles ranging in height from 50 to 155 feet
on 3.86 acres at the northwest corner of Sahara Avenue and Spencer
Street. The Planning Commission recommended approval; staff
recommended denial.
The City Council approved a request for General Plan Amendment
(GPA-38526) to amend the land use designation from C (Commercial)
09/01/10
to PF (Public Facilities) on 1.76 acres at 1300 Pauline Way. The
Planning Commission and staff recommended approval.

Most Recent Change of Ownership


12/30/63 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


1952 The existing school at 1300 Pauline Way was constructed.

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
submittal requirements for Variance and Site Development Plan
Review applications. The applicant indicated that it would confirm the
06/06/17
status of the easternmost portion of the site, and relocate the fence to
the far east side (if possible) and provide perimeter landscaping in that
area.

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

SS
VAR-71688, VAR-71796 and SDR-71690 [PRJ-70943]
Staff Report Page Eight
November 14, 2017 - Planning Commission Meeting

Field Check
Staff completed a routine site visit, noting a well maintained public
10/05/17 school with a turfed area and playground portable classroom buildings
in the northeasterly portion of the site.

Details of Application Request


Site Area
Net Acres 6.16
School Floor Area
Existing 47,451 sf
Proposed 34,440 sf
Total 81,891 sf

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Public or Private
PF (Public Facilities) C-V (Civic)
Property School, Primary
Multi-Family
C-1 (Limited
North Residential C (Commercial)
Commercial)
(Apartments)
Single Family, L (Low Density R-1 (Single Family
South
Detached Residential) Residential)
Multi-Family
C-1 (Limited
Residential C (Commercial)
Commercial)
East (Apartments)
Single Family, L (Low Density R-1 (Single Family
Detached Residential) Residential)
West Parking Lot PF (Public Facilities) C-V (Civic)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Rafael Rivera Walkable Community Plan Y
Special Area and Overlay Districts Compliance
No Applicable Special Area or Overlay Districts N/A

SS
VAR-71688, VAR-71796 and SDR-71690 [PRJ-70943]
Staff Report Page Nine
November 14, 2017 - Planning Commission Meeting

Other Plans or Special Requirements Compliance


Trails (Multi-Use Non-Equestrian Trail and Pedestrian Path in adjacent
N
easement)
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 the submitted site development plans, Title 19.08 and 19.10, the
following standards apply:
Standard Required/Allowed Provided Compliance
Min. Lot Size N/A 268,330 SF N/A
Min. Lot Width N/A 450 Feet N/A
Min. Setbacks
x Front 17 Feet existing 335 Feet Y
x Side 0 Feet existing 340 Feet Y
x Corner 100 Feet existing 23 Feet Y
x Rear 7 Feet existing 41 Feet Y
Max. Building Height 35 Feet 39 Feet N
Screened, Gated, w/ a
Trash Enclosure Existing facilities Y
Roof or Trellis
Mech. Equipment Screened Parapet screened Y

Pursuant to the submitted site development plans, Title 19.08 and 19.10, the
following standards apply:

Landscaping and Open Space Standards


Standards Required Provided Compliance
Ratio Trees
Buffer Trees:
x North 1 Tree / 20 Linear Feet 7 Trees 7 Trees Y
x South N/A N/A N/A N/A
x East 1 Tree / 20 Linear Feet 9 Trees 2 Trees N
x West N/A N/A N/A N/A

SS
VAR-71688, VAR-71796 and SDR-71690 [PRJ-70943]
Staff Report Page Ten
November 14, 2017 - Planning Commission Meeting

Landscaping and Open Space Standards


Standards Required Provided Compliance
Ratio Trees
TOTAL PERIMETER TREES 16 Trees 9 Trees N
1 Tree / 6 Uncovered
Parking Area Spaces, plus 1 tree at the
4 Trees 1 Tree N
Trees end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
x North 8 Feet 17 Feet Y
x South N/A 15 Feet ex. N/A
x East 15 Feet 2 Feet N
x East 8 Feet 46 Feet Y
(N of Franklin
Ave)
x West N/A N/A N/A
6 chain link
Wall Height 6 to 8 Feet Adjacent to Residential fence along Y
east PL

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Wengert Ave Minor Collector Title 13 60 Y
Pauline Way Minor Collector Title 13 60 Y

SS
VAR-71688, VAR-71796 and SDR-71690 [PRJ-70943]
Staff Report Page Eleven
November 14, 2017 - Planning Commission Meeting

Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Gross Floor Required Provided Compliance
Area or Parking Parking
Use Parking
Number of Handi- Handi-
Units Ratio Regular Regular
capped capped
Public or
Private
46
School, existing 30*
classrooms
Primary
(existing)
Public or
Private
3 spaces
School, 22
per 66
Primary classrooms
classroom
(proposed
addition)
TOTAL SPACES REQUIRED 96 47 N
Regular and Handicap Spaces Required 92 4 42 5 N
*The site is parking impaired. A total of 30 spaces were provided for the existing site as
previously approved. Pursuant to Title 19.18.030(D), only the increased number of
parking spaces due to expansion of the development (66) is required beyond what is
already provided.

SS
VAR-71688
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VAR-71688, VAR-71796 and SDR-71690 - REVISED



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VAR-71688, VAR-71796 and SDR-71690


VAR-71688 [PRJ-70943] - VARIANCE RELATED TO VAR-71796 AND SDR-71690 - APPLICANT/OWNER: SCHOOL
BOARD OF TRUSTEES
1300 PAULINE WAY
10/05/17
VAR-71688 [PRJ-70943] - VARIANCE RELATED TO VAR-71796 AND SDR-71690 - APPLICANT/OWNER: SCHOOL
BOARD OF TRUSTEES
1300 PAULINE WAY
10/05/17
VAR-71688 [PRJ-70943] - VARIANCE RELATED TO VAR-71796 AND SDR-71690 - APPLICANT/OWNER: SCHOOL
BOARD OF TRUSTEES
1300 PAULINE WAY
10/05/17
VAR-71688 [PRJ-70943] - VARIANCE RELATED TO VAR-71796 AND SDR-71690 - APPLICANT/OWNER: SCHOOL
BOARD OF TRUSTEES
1300 PAULINE WAY
10/05/17
VAR-71688 [PRJ-70943] - VARIANCE RELATED TO VAR-71796 AND SDR-71690 - APPLICANT/OWNER: SCHOOL
BOARD OF TRUSTEES
1300 PAULINE WAY
10/05/17

VAR-71688, VAR-71796 and SDR-71690 - REVISED



VAR-71688, VAR-71796 and SDR-71690 - REVISED


Agenda Item No.: 42.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71796 - VARIANCE RELATED TO VAR-71688 - PUBLIC HEARING - APPLICANT:
SCHOOL BOARD OF TRUSTEES - OWNER: SCHOOL BOARD OF TRUSTEES, ET AL -
For possible action on a request for a Variance TO ALLOW 17 ADDITIONAL PARKING
SPACES WHERE 66 ADDITIONAL SPACES ARE REQUIRED on 6.16 acres at 1300 Pauline
Way (APNs 162-02-501-001 and 162-02-601-001), C-V (Civic) Zone, Ward 3 (Coffin) [PRJ-
70943]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


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

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAR-71796
VAR-71796
Agenda Item No.: 43.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SDR-71690 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-71688 AND
VAR-71796 - PUBLIC HEARING - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES - For possible action on a request for a Site Development Plan Review FOR A
PROPOSED TWO-STORY, 34,440 SQUARE-FOOT ADDITION TO AN EXISTING 47,451
SQUARE-FOOT PUBLIC OR PRIVATE SCHOOL, PRIMARY on 6.16 acres at 1300 Pauline
Way (APNs 162-02-501-001 and 162-02-601-001), C-V (Civic) Zone, Ward 3 (Coffin) [PRJ-
70943]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


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

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Traffic Notes from City of Las Vegas Department of Public Works
4. 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.
SDR-71690
SDR-71690
SDR 71690
School Board of Trustees

1300 Pauline Way


Proposed 34.44 thousand square foot expansion of an existing 47.451 thousand square foot public elementary school.

Existing Use

Average Daily Traffic (ADT) 15.43 732


AM Peak Hour ELEMENTARY SCHOOL [1000SF] 47.451 5.20 247
PM Peak Hour 1.21 57
Expansion
Proposed Expansion

Average Daily Traffic (ADT) 15.43 531


AM Peak Hour ELEMENTARY SCHOOL [1000SF] 34.44 5.20 179
PM Peak Hour 1.21 42

Total Use

Average Daily Traffic (ADT) 15.43 1,263


AM Peak Hour ELEMENTARY SCHOOL [1000SF] 81.891 5.20 426
PM Peak Hour 1.21 99

Existing traffic on nearby streets:


Franklin Avenue
Average Daily Traffic (ADT) 692
PM Peak Hour (heaviest 60 minutes) 55

17th Street
Average Daily Traffic (ADT) 1,412
PM Peak Hour (heaviest 60 minutes) 113

Traffic Capacity of adjacent streets:


Adjacent Street ADT Capacity
Franklin Avenue 12,480
17th Street 12,480

This project will add approximately 531 trips per day on Pauline Wy., Franklin Ave, Wengert Ave. and 17th St. Currently,
Franklin is at about 6 percent of capacity and 17th is at about 11 percent of capacity. With this project, Franklin is expected
to be at about 10 percent of capacity and 17th to be about 16 percent of capacity. Counts are not available for Pauline or
Wengert in this vicinity, but they are believed to be under capacity.

Based on Peak Hour use, this development will add into the area roughly 179 additional cars, or about three every minute.

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

Agenda Item No.: 44.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71724 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: ANDREW T.
DUBOIS - For possible action on a request for a Variance TO ALLOW A 15-FOOT FRONT
YARD SETBACK WHERE 20 FEET IS REQUIRED FOR A PROPOSED GARAGE
ADDITION at 2612 Bryant Avenue (APN 162-05-611-025), R-1 (Single Family Residential)
Zone, Ward 1 (Tarkanian) [PRJ-71693]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


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

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

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-71724 and SUP-71723 [PRJ-71693]
2. Conditions and Staff Report - VAR-71724 and SUP-71723 [PRJ-71693]
3. Supporting Documentation - VAR-71724 and SUP-71723 [PRJ-71693]
4. Photo(s) - VAR-71724 and SUP-71723 [PRJ-71693]
5. Justification Letter - VAR-71724 and SUP-71723 [PRJ-71693]
VAR-71724 and SUP-71723 [PRJ-71693]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: ANDREW T. DUBOIS

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71724 Staff recommends DENIAL, if approved subject to
conditions:
SUP-71723 Staff recommends APPROVAL, subject to conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 27

NOTICES MAILED 267

PROTESTS 0

APPROVALS 0

NE
VAR-71724 and SUP-71723 [PRJ-71693]
Conditions Page One
November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71724 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.

SUP-71723 CONDITIONS
Planning

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


Accessory Structure, Class I use.

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

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

4. These Conditions of Approval shall be affixed to the cover sheet of any plan set
submitted for building permit, 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
VAR-71724 and SUP-71723 [PRJ-71693]
Staff Report Page One
November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for Variance to allow a 15-foot front yard setback for a side-loading
garage addition, and a Special Use Permit to allow a rear yard casita with full kitchen
facilities at 2612 Bryant Avenue.

ISSUES

A Variance is required to allow a side-loaded garage addition to encroach into


the front yard setback area. Staff does not support this request.
A Special Use Permit is required for an Accessory Structure (Class I) in the R-1
(Single Family Residential) zoning district. Staff is recommending approval of this
request.

ANALYSIS

Side-Loaded Garage Addition:


The applicant has proposed a 654 square-foot, two-car side-loaded garage to be
constructed on the western front edge of the existing single family residence. In order to
accommodate a two-car garage and reconfigure the driveway into a circular drive, the
garage addition will encroach into the front yard setback by 5 feet. Title 19.08 requires a
minimum 20-foot front yard setback in the R-1 (Single Family Residential) zoning
district; this garage addition would result in a 15-foot front yard setback.

The applicant has submitted elevation plans to modernize the existing single family
residence constructed in 1960. The elevations demonstrate elevated/vaulted ceiling
heights with accent windows to allow for natural lighting in the main residence. The
height of the primary residence is proposed for 19 feet, four-inches at its tallest point,
well under the maximum height of 35 feet allowed in the R-1 (Single Family Residential)
zoning district. While the elevation improvements were submitted as part of this
application, they are not part of this review as they meet Title 19.08 standards for single
family residences. The applicant is able to apply for a building permit for the faade
updates as no land entitlements are necessary for faade improvements.

Staff finds the request to reduce the front yard setback from 20 feet to 15 feet in order to
accommodate a side-loading two-car garage to be a self-imposed hardship and is
recommending denial of this request.

NE
VAR-71724 and SUP-71723 [PRJ-71693]
Staff Report Page Two
November 14, 2017 - Planning Commission Meeting

Casita:
The applicant has proposed to construct an Accessory Structure (Class I) [casita] in the
northeast corner of the rear yard. The proposed casita would be new construction, and
is designed to match the proposed faade updates demonstrated in the elevation plans
for the primary residence. The proposed casita contains a full kitchen facility which
requires a Special Use Permit in the R-1 (Single Family Residential) zoning district. The
proposed casita meets the required setbacks set forth by Title 19.08, and consist of 542
square feet of floor area on the first floor, with a small second floor area above that adds
approximately 280 square feet to the casita. The total square-footage of the casita is
822 square feet. Title 19.08 allows 50 percent of the primary residence square-footage
for Accessory Structures. In this instance, the existing primary residence is 2,912
square feet, this would allow for an Accessory Structure up to 1,456 square feet. The
accessory structure provides a full kitchen facilities, a half-bath on the first level, and a
sleeping area with full bath on the second level. The total proposed height of the
Accessory Structure, Class I is 18 feet, six-inches, less than the proposed height of the
remodeled primary residence.

The Accessory Structure (Class I) use is defined as An accessory structure which is


located on the same residential parcel as a principal dwelling and which, as an ancillary
use, provides living quarters, including full kitchen facilities, for the occupants of the
principal dwelling or their tenants, domestic employees or temporary guests.

The Minimum Special Use Permit Requirements for this use include:

1. Requirement 1: The size of the lot or parcel must exceed 6500 square feet.

The proposed use meets this requirement as the subject site is 10,019 square
feet.

2. Requirement 2: Unless the principal dwelling is owner-occupied, a Class I accessory


structure may not be offered or occupied as a rental unit.

The proposed use meets this requirement as the applicant has not indicated the
primary residence or the Accessory Structure will be used as a rental.

The proposed Accessory Structure, Class I [casita] meets the minimum requirements
set forth by Title 19.08 and Title 19.12 for Accessory Structures in the R-1 (Single
Family Residential) zoning district; therefore, staff is recommending approval of this
request.

NE
VAR-71724 and SUP-71723 [PRJ-71693]
Staff Report Page Three
November 14, 2017 - Planning Commission Meeting

FINDINGS (VAR-71724)

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 side-loaded
two car garage that encroaches into the front setback area. Reducing the size of the
proposed garage would allow conformance to the Title 19 requirements. In view of the
absence of any hardships imposed by the sites physical characteristics, it is concluded
that the applicants hardship is preferential in nature, and it is thereby outside the realm
of NRS Chapter 278 for granting of Variances.

FINDINGS (SUP-71723)

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 Accessory Structure has been designed to match the faade
remodel of the primary residence and can be conducted in a manner that is
harmonious and compatible with the existing surrounding single family residential
neighborhood.

NE
VAR-71724 and SUP-71723 [PRJ-71693]
Staff Report Page Four
November 14, 2017 - Planning Commission Meeting

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

The subject site is physically suitable for the Accessory Structure as the applicant
does not require a setback Variance to accommodate the Accessory Structure.

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.

Bryant Avenue is a 60-foot wide local street designed to provide access to the
residential neighborhood.

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

Approval of this request will not compromise the public health, safety, or welfare
as the primary residence and proposed casita are subject to the minimum
requirements set forth by the Las Vegas Municipal Code, the Unified
Development Code, in addition to the International Energy Conservation Code
(IECC) and the 2012 Building Code as adopted by the City of Las Vegas.

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

The proposed Accessory Structure, Class I has met all minimum Special Use
Permit Requirements set forth by Title 19.12.

BACKGROUND INFORMATION

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


Code Enforcement processed a complaint (#177269) for excessively
04/11/17 tall weeds at 2612 Bryant Avenue. The case was resolved on
04/24/17.

Most Recent Change of Ownership


10/02/12 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no related building permits or business licenses associated with the address.

NE
VAR-71724 and SUP-71723 [PRJ-71693]
Staff Report Page Five
November 14, 2017 - Planning Commission Meeting

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
09/21/17
requirements for a Variance and a Special Use Permit were discussed.

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

Field Check
Staff observed the subject single family residence during a routine field
10/05/17
check. No areas of concern were noted by staff.

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)
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 200 Feet Y

NE
VAR-71724 and SUP-71723 [PRJ-71693]
Staff Report Page Six
November 14, 2017 - Planning Commission Meeting

Other Plans or Special Requirements Compliance


Rancho Charleston Land Use Study 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 19.08, the following standards apply for the garage addition:
Standard Required/Allowed Provided Compliance
Min. Lot Size 6,500 SF 10,019 SF Y
Min. Lot Width 60 Feet 80 Feet Y
Min. Setbacks
x Front 20 Feet 15 Feet N*
x Side 5 Feet 5 Feet Y
x Corner 15 Feet N/A N/A
x Rear 15 Feet 31 Feet Y
Min. Distance Between Buildings 6 Feet 6 Feet Y
Max. Lot Coverage 50 % 37 % Y
Max. Building Height 35 Feet / 2 Stories 20 Feet Y
*The applicant is requesting a Variance to allow a 15-foot front yard setback where 20
feet is required.

Pursuant to Title 19.08, the following standards apply for the Accessory Structure:
Standard Required/Allowed Provided Compliance
Min. Setbacks
x Side 3 Feet 3 Feet Y
x Rear 3 Feet 3 Feet Y
Min. Distance Between Buildings 6 Feet 6 Feet Y
Max. Lot Coverage 50 % 37 % Y
Max. Size 1,456 SF 822 SF Y
Max. Building Height 35 Feet / 2 Stories 19 Feet Y

NE
VAR-71724 and SUP-71723 [PRJ-71693]
Staff Report Page Seven
November 14, 2017 - Planning Commission Meeting

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Bryant Avenue Local Street Title 13 60 Y

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
One
additional
Accessory
beyond
Structure 822 SF 1
number of
(Class I)
spaces
required
TOTAL SPACES REQUIRED 1 1 Y

NE
VAR-71724



VAR-71724


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VAR-71724 and SUP-71723
VAR-71724 [PRJ-71693] - VARIANCE RELATED TO SUP-71723 - APPLICANT/OWNER: ANDREW T. DUBOIS
2612 BRYANT AVENUE
10/05/17
VAR-71724 [PRJ-71693] - VARIANCE RELATED TO SUP-71723 - APPLICANT/OWNER: ANDREW T. DUBOIS
2612 BRYANT AVENUE
10/05/17
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VAR-71724 and SUP-71723


Agenda Item No.: 45.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71723 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
ANDREW T. DUBOIS - For possible action on a request for a Special Use Permit FOR A
PROPOSED ACCESSORY STRUCTURE (CLASS I) [CASITA] USE at 2612 Bryant Avenue
(APN 162-05-611-025), R-1 (Single Family Residential) Zone, Ward 1 (Tarkanian) [PRJ-
71693]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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. 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-71723



SUP-71723


Agenda Item No.: 46.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71768 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: 4221
CHARLESTON, LLC - For possible action on a request for a Variance TO ALLOW A ZERO-
FOOT SIDE YARD SETBACK WHERE 10 FEET IS REQUIRED AND A ZERO-FOOT
REAR YARD SETBACK WHERE 20 FEET IS REQUIRED on 0.81 acres at 4221 West
Charleston Boulevard (APN 162-06-510-003), C-1 (Limited Commercial) Zone, Ward 1
(Tarkanian) [PRJ-71314]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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-71768 and SDR-71769 [PRJ-71314]
2. Conditions and Staff Report - VAR-71768 and SDR-71769 [PRJ-71314]
3. Supporting Documentation - VAR-71768 and SDR-71769 [PRJ-71314]
4. Photo(s) - VAR-71768 and SDR-71769 [PRJ-71314]
5. Justification Letter - VAR-71768 and SDR-71769 [PRJ-71314]
6. Protest Postcard for VAR-71768 and SDR-71769 [PRJ-71314]
VAR-71768 and SDR-71769 [PRJ-71314]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: 4221 CHARLESTON, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71768 Staff recommends DENIAL, if approved subject to
conditions:
SDR-71769 Staff recommends DENIAL, if approved subject to VAR-71768
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 22

NOTICES MAILED 169

PROTESTS 1

APPROVALS 0

NE
VAR-71768 and SDR-71769 [PRJ-71314]
Conditions Page One
November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71768 CONDITIONS

Planning

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


Plan Review (SDR-71769) shall be required, if approved.

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

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

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

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

SDR-71769 CONDITIONS

Planning

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


71768) 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 10/04/17,
except as amended by conditions herein.

NE
VAR-71768 and SDR-71769 [PRJ-71314]
Conditions Page Two
November 14, 2017 - Planning Commission Meeting

4. The structure adjacent to the east side of the primary structure shall be removed
within 30 days of final approval.

5. The structures located on the south end of the property shall receive approval from
NV Energy prior to the issuance of a building permit.

6. All necessary building permits shall be obtained within 90 days of final approval
and all final inspections shall be completed in compliance with Title 19 and all
codes as required by the Department of Building and Safety within 180 days.

7. The structures shall be painted to match the existing primary structure.

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

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

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

NE
VAR-71768 and SDR-71769 [PRJ-71314]
Staff Report Page One
November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant has proposed to convert six existing shipping containers to building space
at 4221 West Charleston Boulevard.

ISSUES

x The subject site is a parking impaired development as defined by Title 19.18.030.


The additional building space will require a parking Variance to allow zero
additional parking spaces where seven are required.
x This application is the result of Code Enforcement Case Number (#169087)
created on July 26, 2016.
x Five of the six existing shipping containers are within the required setbacks of the
lot.
x Three of the six existing shipping containers are located within a NV Energy
power easement.
x One of the six existing shipping containers is located within the required Fire
Lane.
x A Site Development Plan Review is required to convert the subject shipping
containers to building area.
x A Variance is required to allow the buildings to have a zero-foot side and rear
yard setback where ten and 20 feet is required respectively; and to allow lot
coverage of 57 percent where 50 percent is the maximum allowed.

ANALYSIS

On July 26, 2016 the Department of Planning Code Enforcement Division received
information from the Las Vegas Metropolitan Police Department (LVMPD) about a
burglary that occurred at 4241 West Charleston Boulevard that may or may not have
involved vagrants reportedly living in the shipping containers located at 4221 West
Charleston Boulevard. LVMPD requested Code Enforcement to review the area for
possible code violations. As a result, Code Enforcement performed a site inspection on
July 27 and 28, 2016 and issued a Notice of Violation for 4221 West Charleston
Boulevard in regards to temporary signs, graffiti, refuse and weeds, and the shipping
containers.

NE
VAR-71768 and SDR-71769 [PRJ-71314]
Staff Report Page Two
November 14, 2017 - Planning Commission Meeting

The subject site is located within the C-1 (Limited Commercial) zoning district which
does not allow outdoor storage, or shipping containers. In order for the shipping
containers to remain, they must be converted into building space through a Site
Development Plan Review and subsequent building permits.

During a routine field check performed by staff on October 5, 2017 staff observed the
six subject shipping containers located throughout the site at 4221 West Charleston
Boulevard. The first two were observed adjacent to the Vista Drive driveway located
within required parking stalls. The applicant has proposed to relocate these to the north
side of the driveway and stack the two shipping containers on top of one another in
order to maintain the required driveway width.

The third shipping container was observed adjacent to the east faade of the building
within the required fire access lane. This shipping container will have to be removed to
restore the fire access lane.

The remaining three shipping containers were observed within the NV Energy Power
Easement located along the southern edge of the property. Easements such as this are
in place to ensure public utility workers have access to the equipment for maintenance
and for emergencies. Staff has added a Condition of Approval for the applicant to
receive approval from NV Energy for the location of these three shipping containers
before a building permit is issued.

In order for the shipping containers to remain in their current configuration and be
converted into building space, the applicant is requesting a Variance to allow for the
subject shipping containers to have a zero-foot side yard setback where ten feet is
required, and to have a zero-foot rear yard setback where 20 feet is required. Staff does
not support this request as building setbacks are in place to ensure the use of a
property does not infringe of the adjacent property. The subject site and surrounding
properties are located within a Rural Preservation Overlay District which states as a
goal to provide adequate buffer areas, adequate screening and an orderly and efficient
transition of land uses. Zero-foot setbacks do not support this goal.

Since the shipping containers are not permissible as outdoor storage in the C-1 (Limited
Commercial) zoning district, the applicant has submitted an application for a Site
Development Plan Review to convert the shipping containers into buildings. Staff does
not support this request as the shipping containers are box-like and single, monolithic
forms void of jogs, offsets, and other architectural features as required by Title 19.08. If
approved, staff has added a condition of approval for the buildings to be painted in the
same color scheme as the main structure.

Constructed in 1978, the subject site is a parking-impaired development per Title


19.18.030, which states, A land use or building which is existing on the effective date of

NE
VAR-71768 and SDR-71769 [PRJ-71314]
Staff Report Page Three
November 14, 2017 - Planning Commission Meeting

this Title and which complied with the applicable parking standards at the time the use
or building was established, but which does not comply with the on-site parking
requirements of this Title, shall not be considered a nonconforming use or non-
conforming building; but rather, it shall be considered a parking-impaired development.

As a result of the shipping containers converting to building space, additional parking


stalls are required:
Building permits and certificates of occupancy may be issued for remodeling or
structural alterations of parking-impaired developments without requiring
compliance with the on-site parking requirements of this Title, provided that such
work does not increase the building area or result in a change of use that
requires an increase in the number of required parking spaces. For any
remodeling, alteration, or expansion of a parking-impaired development that
requires an increase in the number of required parking spaces, including the
expansion of existing buildings or the construction of new buildings, only the
increased number of parking spaces shall be required.
The converted shipping containers, eight feet by 40 feet or 320 square feet each, add
an additional 1,920 square feet. The subject site is currently licensed as a Building
Maintenance Service and Sales facility which requires one parking space for every 300
square feet (1:300), which in this instance equates to seven additional parking spaces
which the applicant is not providing. This requires a parking Variance in accordance
with the parking requirements of Title 19.12.

Due to the subject site requiring a parking Variance, staff has requested applications
(VAR-71768 and SDR-71769) be held in abeyance to allow time for the applicant to
submit an application for a parking Variance.

FINDINGS (VAR-71768)

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

NE
VAR-71768 and SDR-71769 [PRJ-71314]
Staff Report Page Four
November 14, 2017 - Planning Commission Meeting

regulation would result in peculiar and exceptional practical difficulties to, or


exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by installing portable structures without
the necessary building permits required by law. Obtaining the necessary building
permits prior to installation of 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-71769)

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

1. The proposed development is compatible with adjacent development and


development in the area;

The proposed development is not compatible with development in the area as the
subject site is within the Rural Preservation Overlay District with property currently
zoned R-E (Residence Estates) directly southeast of the subject site. The
proposed stacked shipping containers within the required building setback area
do not support the goal of the Rural Preservation Overlay District which strives to
provide adequate buffer areas, adequate screening and an orderly and efficient
transition of land uses.

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

The proposed conversion of shipping containers to building space is not


consistent with Title 19 as the proposed conversion requires a lot coverage
Variance, a Parking Variance, and a Variance to allow the proposed building to
be located within the required building setback area set forth by Title19.08.

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


neighborhood traffic;

NE
VAR-71768 and SDR-71769 [PRJ-71314]
Staff Report Page Five
November 14, 2017 - Planning Commission Meeting

One of the six existing shipping containers is located within a required Fire
Emergency Access Lane. A Condition of Approval has been added to ensure its
removal within 30 days of final approval. Three of the six shipping containers were
placed within the NV Energy power easement located along the south perimeter
of the subject site. This easement is in place to ensure NV Energy workers have
adequate space around the power lines and their support structures for
maintenance and repair when necessary. A Condition of Approval has been
added to obtain approval from NV Energy for this encroachment. Two of the six
shipping containers are currently located within required parking spaces. The
applicant has proposed to relocate and stack these two shipping containers.

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

Shipping containers do not make for appropriate building material, and will require
building permits to ensure the units are safe for use. No landscape materials have
been proposed for the subject site.

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 elevations of the existing shipping containers will remain box-like; monolithic
forms void of offsets, jogs, and architectural features as required by Title 19.08.
The lack of architectural features and uniformity with the existing primary structure
is unsightly, undesirable, and does not create an orderly or aesthetically pleasing
environment.

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

The subject structures are required by condition of approval to obtain proper


building permits and inspections if approved, thus protecting the public health,
safety, and general welfare.

NE
VAR-71768 and SDR-71769 [PRJ-71314]
Staff Report Page Six
November 14, 2017 - Planning Commission Meeting

BACKGROUND INFORMATION

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


Code Enforcement processed a complaint (#169087) for a vagrant
possibly living in the shipping containers located at 4221 West
07/26/16
Charleston Boulevard. The case remains open with a follow-up
inspection scheduled for 11/30/17.

Most Recent Change of Ownership


02/14/17 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#95389667) was issued for a new building at 4221
12/07/95 West Charleston Boulevard. The permit received its final inspection on
05/02/96.

Pre-Application Meeting
Staff conducted a routine staff report where the submittal requirements
07/27/17
for a Variance and Site Development Plan Review were discussed.

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

Field Check
Staff conducted a routine field check where six storage containers
10/05/17
were observed on the subject site.

Details of Application Request


Site Area
Net Acres 0.81

NE
VAR-71768 and SDR-71769 [PRJ-71314]
Staff Report Page Seven
November 14, 2017 - Planning Commission Meeting

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
General Retail
Subject C-1 (Limited
Store, Other Than MXU (Mixed Use)
Property Commercial)
Listed
Office, Medical or SC (Service P-R (Professional
North
Dental Commercial) Office and Parking)
Church/House of R (Rural Density R-E (Residence
Worship Residential) Estates)
South
C-1 (Limited
Martial Arts Studio MXU (Mixed Use)
Commercial)
Auto Repair C-2 (General
MXU (Mixed Use)
Garage, Minor Commercial)
East Liquor
C-1 (Limited
Establishment MXU (Mixed Use)
Commercial)
(Tavern)
General Personal
Service
Office, Other Than
Listed C-1 (Limited
West MXU (Mixed Use)
Commercial)
Pet Boarding
Custom & Craft
Work

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District 175 Feet Y
RP-O (Rural Preservation Overlay) District N*
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Redevelopment Area 2 N**
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A
*Southeast of the subject site is a residential lot zoned R-E (Residence Estates) within
the Rural Preservation Overlay District. The placement of buildings within the required

NE
VAR-71768 and SDR-71769 [PRJ-71314]
Staff Report Page Eight
November 14, 2017 - Planning Commission Meeting

setback areas of a site does not support the intent of the Rural Preservation Overlay
District which states, Provide adequate buffer areas, adequate screening and an
orderly and efficient transition of land uses, excluding raising or keeping animals
commercially or noncommercially.
**The Redevelopment Plan for Redevelopment Area 2 strives to achieve an
environment reflecting a high level of concern for architectural, landscape, and urban
design and land use principles appropriate for attainment of the objectives of the
Redevelopment Plan. The conversion of shipping containers to building space and the
placement of these buildings in the required setback areas do not support this goal.

DEVELOPMENT STANDARDS

Pursuant to Title 19.08, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Width 100 Feet 125 Feet Y or N
Min. Setbacks
x Front 10 Feet Zero Feet N*
x Side 10 Feet Zero Feet N*
x Corner N/A N/A N/A
x Rear 20 Feet Zero Feet N*
Max. Lot Coverage 50 % 57 % N*
*A Variance is required to allow a reduction of the required setbacks, and to exceed the
maximum lot coverage allowed by Title 19.08.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Charleston
Primary Arterial Streets and 100 Y
Boulevard
Highways
Vista Drive Local Street Title 13 60 Y

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Staff Report Page Nine
November 14, 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
Building
Maintenance
1,920 SF 1:300 7
Service and
Sales
TOTAL SPACES REQUIRED 7 0 N*
Regular and Handicap Spaces Required 6 1 0 0 N*
Per Title 19.18.030, A land use or building which is existing on the effective date of this Title
and which complied with the applicable parking standards at the time the use or building was
established, but which does not comply with the on-site parking requirements of this Title, shall
not be considered a nonconforming use or non-conforming building; but rather, it shall be
considered a parking-impaired development. Building permits and certificates of occupancy
may be issued for remodeling or structural alterations of parking-impaired developments
without requiring compliance with the on-site parking requirements of this Title, provided that
such work does not increase the building area or result in a change of use that requires an
increase in the number of required parking spaces. For any remodeling, alteration, or
expansion of a parking-impaired development that requires an increase in the number of
required parking spaces, including the expansion of existing buildings or the construction of
new buildings, only the increased number of parking spaces shall be required.

NE
VAR-71768

VAR-71768
VAR-71768

VAR-71768

VAR-71768 and SDR-71769



VAR-71768 and SDR-71769



VAR-71768 and SDR-71769


VAR-71768 [PRJ-71314] - VARIANCE RELATED TO SDR-71769 - APPLICANT/OWNER: 4221 CHARLESTON, LLC
4221 WEST CHARLESTON BOULEVARD
10/05/17
VAR-71768 [PRJ-71314] - VARIANCE RELATED TO SDR-71769 - APPLICANT/OWNER: 4221 CHARLESTON, LLC
4221 WEST CHARLESTON BOULEVARD
10/05/17
VAR-71768 [PRJ-71314] - VARIANCE RELATED TO SDR-71769 - APPLICANT/OWNER: 4221 CHARLESTON, LLC
4221 WEST CHARLESTON BOULEVARD
10/05/17
VAR-71768 [PRJ-71314] - VARIANCE RELATED TO SDR-71769 - APPLICANT/OWNER: 4221 CHARLESTON, LLC
4221 WEST CHARLESTON BOULEVARD
10/05/17
VAR-71768 [PRJ-71314] - VARIANCE RELATED TO SDR-71769 - APPLICANT/OWNER: 4221 CHARLESTON, LLC
4221 WEST CHARLESTON BOULEVARD
10/05/17
VAR-71768 [PRJ-71314] - VARIANCE RELATED TO SDR-71769 - APPLICANT/OWNER: 4221 CHARLESTON, LLC
4221 WEST CHARLESTON BOULEVARD
10/05/17
VAR-71768 [PRJ-71314] - VARIANCE RELATED TO SDR-71769 - APPLICANT/OWNER: 4221 CHARLESTON, LLC
4221 WEST CHARLESTON BOULEVARD
10/05/17

VAR-71768 and SDR-71769


Agenda Item No.: 47.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SDR-71769 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-71768 - PUBLIC
HEARING - APPLICANT/OWNER: 4221 CHARLESTON, LLC - For possible action on a
request for a Site Development Plan Review FOR SIX EXISTING BUILDINGS on 0.81 acres at
4221 West Charleston Boulevard (APN 162-06-510-003), C-1 (Limited Commercial) Zone,
Ward 1 (Tarkanian) [PRJ-71314]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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
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-71769

SDR-71769
SDR-71769

SDR-71769
Agenda Item No.: 48.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71793 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: SCHOOL BOARD
OF TRUSTEES - For possible action on a request for a Variance TO ALLOW 28
ADDITIONAL PARKING SPACES WHERE 57 ADDITIONAL IS REQUIRED on 6.52 acres
at 701 North 20th Street (APN 139-26-810-001), C-V (Civic) Zone, Ward 3 (Coffin) [PRJ-
71792]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


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

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

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-71793, VAR-71810 and SDR-71794 [PRJ-71792]
2. Conditions and Staff Report - VAR-71793, VAR-71810 and SDR-71794 [PRJ-71792]
3. Supporting Documentation - VAR-71793, VAR-71810 and SDR-71794 [PRJ-71792]
4. Photo(s) - VAR-71793, VAR-71810 and SDR-71794 [PRJ-71792]
5. Justification Letter - VAR-71793, VAR-71810 and SDR-71794 [PRJ-71792]
6. Support Postcard for VAR-71793 and VAR-71810 [PRJ-71792]
VAR-71793, VAR-71810 and SDR-71794 [PRJ-71792]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71793 Staff recommends DENIAL, if approved subject to
conditions:
VAR-71810 Staff recommends DENIAL, if approved subject to VAR-71793
conditions:
SDR-71794 Staff recommends DENIAL, if approved subject to VAR-71793
conditions: VAR-71810

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 37

NOTICES MAILED 555 - VAR-71793 and VAR-71810


555 - SDR-71794

PROTESTS 0 - VAR-71793 and VAR-71810


0 - SDR-71794

APPROVALS 1 - VAR-71793 and VAR-71810


1 - SDR-71794

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Conditions Page One
November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71793 CONDITIONS

Planning

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


71810) and Site Development Plan Review (SDR-71794) shall be required, if
approved.

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

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

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

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

VAR-71810 CONDITIONS

Planning

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


71793) and Site Development Plan Review (SDR-71794) 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.

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Conditions Page Two
November 14, 2017 - Planning Commission Meeting

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

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

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

SDR-71794 CONDITIONS

Planning

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


71793) and Variance (VAR-71810) 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 10/10/17, 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 fully operational fire protection system, including fire apparatus roads, fire
hydrants and water supply, shall be installed and shall be functioning prior to
construction of any combustible structures.

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

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Conditions Page Three
November 14, 2017 - Planning Commission Meeting

Public Works

8. Dedicate a 15-foot radius on the southwest corner of Harris Avenue and Twentieth
Street and a 15-foot radius at the northwest corner of Twentieth Street and Wilson
Avenue prior to the issuance of any permits.

9. Correct all Americans with Disabilities Act (ADA) deficiencies, if any, on the
sidewalk along Red Coach Lane 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.

10. Concurrent with onsite development, this site shall connect to the existing 21-inch
public sewer line in Harris Avenue.

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

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

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VAR-71793, VAR-71810 and SDR-71794 [PRJ-71792]
Staff Report Page One
November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to construct a 27,658 square-foot classroom building addition


to an existing 71,143 square-foot elementary school located at 701 North 20th Street.

ISSUES

x The subject site is a legal, nonconforming development located within the C-V
(Civic) zoning district.
x A Variance is requested to allow 28 additional parking spaces where 57 are
required. Staff is recommending denial of this request.
x A Variance is requested to allow a 37-foot building height where 35 feet is the
maximum allowed. Staff is recommending denial of this request.
x A Variance is requested to allow reduced landscape buffer widths along the
north, south, and east perimeters of the subject site. Staff is recommending
denial of the request.
x Title 19 requires a public hearing for Site Development Plans that do not comply
with all applicable requirements of Title 19.

ANALYSIS

Located at 701 North 20th Street, Halle Hewetson Elementary School is a single-story
71,143 square-foot elementary school that currently utilizes portable classrooms located
on the north end of the school campus.

The applicant has proposed to replace the existing portable classrooms with a two-story,
27,658 square-foot classroom building that will add 18 additional classrooms with one of
those classrooms able to flex into two, for a possible total of 19 classrooms. These new
classrooms will house Kindergarten, Special Education, and S.T.E.M.

The C-V (Civic) zoning district requires structures adjacent to the R-1 (Single Family
Residential) zoning district to comply with Title 19.06.060 for building height, which limits
the maximum height allowed to two-stories, or 35 feet. The applicant is requesting a
Variance to allow a proposed building height of 37 feet, which exceeds the height
limitations by two feet. Staff does not support this request as the existing elementary is
surrounded by existing single family residences to the north, south, west, and east.

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Staff Report Page Two
November 14, 2017 - Planning Commission Meeting

The proposed building addition reconfigures the north end of the campus to include a 28
space parking lot, new turf area, and a new playground with shade structure. In addition
the applicant has proposed to reconfigure the existing linear parking located along the
southern perimeter and remove a significant portion of the existing southern landscape
buffer to accommodate a dedicated bus lane for drop-off and pick-up of students.

Constructed in 1963, the subject site is a legal, nonconforming building as it was


constructed prior to the current minimum development requirements set forth by Title 19,
including landscape buffers. New development requires compliance with current code
standards which requires a 15-foot wide landscape buffer when adjacent to public right-of
way. The applicant has requested a Variance to allow a portion of the east landscape
buffer to be 10 feet, and to allow a zero-foot wide landscape buffer along the north and
south property lines where the new development is occurring. Staff is recommending
denial of this request as landscape buffers provide necessary buffering to the existing
surrounding residential neighborhoods.

Title 19.12 requires three parking spaces for every elementary classroom. The addition of
19 classrooms requires 57 additional parking spaces to the subject site. The applicant has
requested a Variance to allow 28 additional parking spaces on the site. The existing
elementary school is a parking-impaired development which means the campus complied
with the applicable parking standards at the time the use or building was established, but
which does not comply with the on-site parking requirements of Title 19. The main parking
lot is located on the southeast portion of the site and currently provides 53 parking spaces,
with 12 additional parking stalls along the southern property line. If approved, the site will
provide a total of 93 parking spaces. Staff finds the proposed parking to be insufficient and
is recommending denial of the Variance request.

FINDINGS (VAR-71793)

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

NE
VAR-71793, VAR-71810 and SDR-71794 [PRJ-71792]
Staff Report Page Three
November 14, 2017 - Planning Commission Meeting

regulation would result in peculiar and exceptional practical difficulties to, or


exceptional and undue hardships upon, the owner of the property, a variance
from that strict application may be granted so as to relieve the difficulties or
hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by not providing the minimum amount of
parking required for the new building addition. Alternative site design would allow
conformance to the Title 19 requirements. In view of the absence of any hardships
imposed by the sites physical characteristics, it is concluded that the applicants
hardship is preferential in nature, and it is thereby outside the realm of NRS Chapter
278 for granting of Variances.

FINDINGS (VAR-71810)

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

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


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

Additionally, Title 19.16.140(L) states:


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

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by proposing a building height that
exceeds the height limitations set forth by Title 19, and not providing the required
perimeter landscape buffer widths and materials. Alternative site design would allow
conformance to the Title 19 requirements. In view of the absence of any hardships

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VAR-71793, VAR-71810 and SDR-71794 [PRJ-71792]
Staff Report Page Four
November 14, 2017 - Planning Commission Meeting

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-71794)

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 a classroom building addition to an existing


elementary school which is compatible with the existing school and the
surrounding residential neighborhood.

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 not consistent with Title 19 as demonstrated by the


requested Variance applications.

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


neighborhood traffic;

Additional site access will be provided to the north of the subject with the addition
of the proposed 28 space parking lot. In addition, the applicant has proposed to
reconfigure the existing southern parking area to include a new bus drop off area.
These proposed changes will not negatively affect adjacent roadways or
neighborhood traffic.

In a report prepared by the Traffic Division of Public Works, the proposed school
addition will add approximately 427 trips per day on Harris Avenue, 20th Street,
and Wilson Avenue. Currently, Harris Avenue is at approximately 10 percent of
capacity and 20th Street is at approximately 9 percent of capacity. With the
addition of this project, Harris Avenue is expected to be at approximately 14
percent of capacity and 20th Street to be at approximately 13 percent of capacity.
Counts are not available for Wilson Avenue in this vicinity, but it is believed to be
under capacity. Based on Peak Hour use, the additional classrooms will add
into the area roughly 144 additional cars, or about five every two minutes.

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Staff Report Page Five
November 14, 2017 - Planning Commission Meeting

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

The proposed building materials include decorative CMU (Concrete Masonry Unit)
veneer, painted steel columns and beams, and painted metal canopies. The
proposed shade trees include Chinese Pistache, Rio Grande Fan-Tex Ash, and
Mondel Pines. These materials are appropriate for an educational campus located
in 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 unsightly or obnoxious in appearance,


and will create an aesthetically pleasing environment while remaining compatible
with the existing surrounding residential neighborhood.

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

The proposed addition is subject to building permit review prior to construction, as


well as regular site inspections during construction thus protecting the public
health, safety, and general welfare.

BACKGROUND INFORMATION

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


Month/date/year There are no related relevant City actions for the subject site.

Most Recent Change of Ownership


Per the Clark County Assessor, this information is not available.

Related Building Permits/Business Licenses


1963 The original elementary school building was constructed.

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Staff Report Page Six
November 14, 2017 - Planning Commission Meeting

Pre-Application Meeting
Staff conducted a routine pre-application meeting where the submittal
10/02/17 requirements for a building addition to an existing school were
discussed.

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

Field Check
Staff conducted a routine field check where nothing of concern was
10/05/17
noted by staff.

Details of Application Request


Site Area
Net Acres 6.52

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Public or Private
PF (Public Facility) C-V (Civic)
Property School, Primary
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
No Applicable Special Area or Overlay Districts N/A

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Staff Report Page Seven
November 14, 2017 - Planning Commission Meeting

Other Plans or Special Requirements Compliance


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

DEVELOPMENT STANDARDS

Pursuant to 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 administratively in connection with the approval of a
site development plan:
Standard Provided Compliance
Min. Lot Size 284,011 SF N/A
Min. Lot Width 400 Feet N/A
Min. Setbacks
x Front 25 Feet N/A
x Corner 26 Feet N/A
Max. Lot Coverage 30 % N/A
Max. Building Height 37 Feet N*
* Property in the C-V (Civic) zoning district adjacent to residential uses in the U, R-E, R-D,
R-1, R-SL, R-CL and R-2 Districts shall be subject to the height standards of LVMC
19.06.060. The proposed building exceeds the height limitation of 35 feet set forth by Title
19.06.060 and requires a Variance. Variance applications are not eligible for
administrative review and shall initially be heard by the Planning Commission.

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 7 Trees 7 Trees Y
x East 1 Tree / 20 Linear Feet 12 Trees Zero Trees N*

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Staff Report Page Eight
November 14, 2017 - Planning Commission Meeting

Landscaping and Open Space Standards


Standards Required Provided Compliance
Ratio Trees
TOTAL PERIMETER TREES Trees Trees Y or N
1 Tree / 6 Uncovered
Parking Area Spaces, plus 1 tree at the
9 Trees 8 Trees N
Trees end of each row of
spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
x North Zero Feet 15 Feet N*
x South Zero Feet 15 Feet N*
x East 10 Feet 15 Feet N*
*The applicant is requesting a Variance to reduce the perimeter landscape buffer widths.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
20th Street Local Street Title 13 60 Y
Harris Avenue Local Street Title 13 52 Y
Wilson Avenue Local Street Title 13 60 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 Ratio Handi- Handi-
Regular Regular
Units capped capped
Public or
3 Spaces
Private 19
per 57
School, Classrooms
Classroom
Primary
TOTAL SPACES REQUIRED 57 28 N*
Regular and Handicap Spaces Required 54 3 26 2 N*
*The subject site is a parking-impaired development as the existing elementary school was
constructed in 1963 prior to the development of current minimum parking requirements set
forth by Title 19.12. The applicant is required to provide parking in accordance with Title 19.12
for new development that occurs on the site. The applicant has requested a Variance of these
minimum requirements. As a note, 28 parking spaces requires two of the 28 to be
handicapped. The applicant is compliant with this requirement.

NE
VAR-71793



VAR-71793




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VAR-71793, VAR-71810 and SDR-71794

VAR-71793, VAR-71810 and SDR-71794



VAR-71793, VAR-71810 and SDR-71794


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VAR-71793, VAR-71810 and SDR-71794


7 7 7
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VAR-71793, VAR-71810 and SDR-71794


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VAR-71793, VAR-71810 and SDR-71794


7 7 7 7 7 7

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VAR-71793, VAR-71810 and SDR-71794


VAR-71793 [PRJ-71792] - VARIANCE RELATED TO VAR-71810 AND SDR-71794 - APPLICANT/OWNER: SCHOOL
BOARD OF TRUSTEES
701 NORTH 20TH STREET
10/05/17
VAR-71793 [PRJ-71792] - VARIANCE RELATED TO VAR-71810 AND SDR-71794 - APPLICANT/OWNER: SCHOOL
BOARD OF TRUSTEES
701 NORTH 20TH STREET
10/05/17
VAR-71793 [PRJ-71792] - VARIANCE RELATED TO VAR-71810 AND SDR-71794 - APPLICANT/OWNER: SCHOOL
BOARD OF TRUSTEES
701 NORTH 20TH STREET
10/05/17
VAR-71793 [PRJ-71792] - VARIANCE RELATED TO VAR-71810 AND SDR-71794 - APPLICANT/OWNER: SCHOOL
BOARD OF TRUSTEES
701 NORTH 20TH STREET
10/05/17
VAR-71793 [PRJ-71792] - VARIANCE RELATED TO VAR-71810 AND SDR-71794 - APPLICANT/OWNER: SCHOOL
BOARD OF TRUSTEES
701 NORTH 20TH STREET
10/05/17
VAR-71793 [PRJ-71792] - VARIANCE RELATED TO VAR-71810 AND SDR-71794 - APPLICANT/OWNER: SCHOOL
BOARD OF TRUSTEES
701 NORTH 20TH STREET
10/05/17
VAR-71793 [PRJ-71792] - VARIANCE RELATED TO VAR-71810 AND SDR-71794 - APPLICANT/OWNER: SCHOOL
BOARD OF TRUSTEES
701 NORTH 20TH STREET
10/05/17
VAR-71793 [PRJ-71792] - VARIANCE RELATED TO VAR-71810 AND SDR-71794 - APPLICANT/OWNER: SCHOOL
BOARD OF TRUSTEES
701 NORTH 20TH STREET
10/05/17
VAR-71793 [PRJ-71792] - VARIANCE RELATED TO VAR-71810 AND SDR-71794 - APPLICANT/OWNER: SCHOOL
BOARD OF TRUSTEES
701 NORTH 20TH STREET
10/05/17
VAR-71793 [PRJ-71792] - VARIANCE RELATED TO VAR-71810 AND SDR-71794 - APPLICANT/OWNER: SCHOOL
BOARD OF TRUSTEES
701 NORTH 20TH STREET
10/05/17
VAR-71793 [PRJ-71792] - VARIANCE RELATED TO VAR-71810 AND SDR-71794 - APPLICANT/OWNER: SCHOOL
BOARD OF TRUSTEES
701 NORTH 20TH STREET
10/05/17
VAR-71793 [PRJ-71792] - VARIANCE RELATED TO VAR-71810 AND SDR-71794 - APPLICANT/OWNER: SCHOOL
BOARD OF TRUSTEES
701 NORTH 20TH STREET
10/05/17

VAR-71793, VAR-71810 and SDR-71794


Agenda Item No.: 49.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71810 - VARIANCE RELATED TO VAR-71793 - PUBLIC HEARING -
APPLICANT/OWNER: SCHOOL BOARD OF TRUSTEES - For possible action on a request
for a Variance TO ALLOW A 37-FOOT BUILDING HEIGHT WHERE 35 FEET IS THE
MAXIMUM ALLOWED, A 10-FOOT WIDE LANDSCAPE BUFFER ALONG A PORTION
OF THE EAST PROPERTY LINE AND A ZERO-FOOT WIDE LANDSCAPE BUFFER
ALONG THE NORTH AND SOUTH PROPERTY LINES WHERE 15 FEET IS REQUIRED
on 6.52 acres at 701 North 20th Street (APN 139-26-810-001), C-V (Civic) Zone, Ward 3
(Coffin) [PRJ-71792]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


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

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
Consistent with the Citys
sustainability efforts to reduce
paper use, backup
documentation pertaining to
related items will appear as
backup under the first item. This
item includes such consolidated
backup documentation. Please
refer to the first related
application in the subject line of
the Agenda Summary Page.
VAR-71810



VAR-71810




VAR-71810

VAR-71810

VAR-71810
Agenda Item No.: 50.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SDR-71794 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-71793 AND
VAR-71810 - PUBLIC HEARING - APPLICANT/OWNER: SCHOOL BOARD OF
TRUSTEES - For possible action on a request for a Site Development Plan Review FOR A
PROPOSED 27,658 SQUARE-FOOT ADDITION TO AN EXISTING 71,143 SQUARE-FOOT
PUBLIC OR PRIVATE SCHOOL, PRIMARY on 6.52 acres at 701 North 20th Street (APN
139-26-810-001), C-V (Civic) Zone, Ward 3 (Coffin) [PRJ-71792]. Staff recommends
DENIAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


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

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

BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Traffic Notes from City of Las Vegas Department of Public Works
4. 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.
SDR-71794



SDR-71794




SDR-71794

SDR-71794

SDR-71794
SDR 71794
School Board of Trustees

701 N. 20th Street


Proposed 27.658 thousand square foot expansion of an existing 71.143 thousand square foot public elementary school.

Existing Use

Average Daily Traffic (ADT) 15.43 1,098


AM Peak Hour ELEMENTARY SCHOOL [1000SF] 71.143 5.20 370
PM Peak Hour 1.21 86
Expansion
Proposed Expansion

Average Daily Traffic (ADT) 15.43 427


AM Peak Hour ELEMENTARY SCHOOL [1000SF] 27.658 5.20 144
PM Peak Hour 1.21 33

Total Use

Average Daily Traffic (ADT) 15.43 1,525


AM Peak Hour ELEMENTARY SCHOOL [1000SF] 98.801 5.20 514
PM Peak Hour 1.21 119

Existing traffic on nearby streets:


Harris Avenue
Average Daily Traffic (ADT) 1,273
PM Peak Hour (heaviest 60 minutes) 102

20th Street
Average Daily Traffic (ADT) 1,153
PM Peak Hour (heaviest 60 minutes) 92

Traffic Capacity of adjacent streets:


Adjacent Street ADT Capacity
Harris Avenue 12,480
20th Street 12,480

This project will add approximately 427 trips per day on Harris Ave., 20th St. and Wilson Ave. Currently, Harris is at about
10 percent of capacity and 20th is at about 9 percent of capacity. With this project, Harris is expected to be at about 14
percent of capacity and 20th to be about 13 percent of capacity. Counts are not available for Wilson in this vicinity, but it is
believed to be under capacity.

Based on Peak Hour use, this development will add into the area roughly 144 additional cars, or about five every two
minutes.

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

Agenda Item No.: 51.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71645 - VARIANCE - PUBLIC HEARING - APPLICANT: GREGORY TAYLOR -
OWNER: GREGORY AND SUSAN TAYLOR - For possible action on a request for a Variance
TO ALLOW A 40-FOOT FRONT YARD SETBACK WHERE 50 FEET IS REQUIRED FOR
AN PROPOSED ONE-STORY FRONT PORCH/GARAGE ADDITION on 2.03 acres at 10201
Four Views Street (APN 125-05-603-007), R-E (Residence Estates) Zone, Ward 6 (Fiore) [PRJ-
71581]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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-71645 [PRJ-71581]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: GREGORY TAYLOR - OWNER: GREGORY
AND SUSAN TAYLOR

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71645 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 15

NOTICES MAILED 72

PROTESTS 0

APPROVALS 1

JB
VAR-71645 [PRJ-71581]
Conditions Page One
November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71645 CONDITIONS

Planning

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

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

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

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

Public Works

5. Contact the Southern Nevada Health District (SNHD) Environmental Health


Division 702-759-0660 to apply for a SNHD Individual Sewage Disposal System
(ISDS) Tenant Improvement (TI) permit. The Southern Nevada Health District
Individual Sewage Disposal System TI permit must be approved prior to
construction.

JB
VAR-71645 [PRJ-71581]
Staff Report Page One
November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is requesting a Variance to allow a proposed one-story front porch/garage


addition to be located 40 feet from the front property line where 50 feet is required on
property zoned R-E (Residence Estates) located at 10201 Four Views Street.

ISSUES

x A Variance is required to allow a front porch/garage to be located 40 feet from the


front property line where 50 feet is required by Title 19.06.060.

ANALYSIS

The subject site is located in an R-E (Residence Estates) zoning district. Per Title
19.06.060 this residential development has a minimum 50-foot front yard building
setback.

The applicant has proposed an addition to the front of the home which will enclose the
existing carport into a garage and will extend the front porch of the home and will
encroach 10 feet into the front yard setback area, resulting in a 40-foot front yard
building setback. No unique or extraordinary evidence has been presented to warrant
the requested Variance. As such, the hardship is self-imposed and therefore, staff
recommends denial of this request.

FINDINGS (VAR-71645)

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.

JB
VAR-71645 [PRJ-71581]
Staff Report Page Two
November 14, 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, that would


warrant the construction of the proposed front yard porch/garage addition within the
front yard setback area. Alternative design of the existing front yard porch/garage
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 Planning Commission approved a petition of annexation (A-
05/15/64 0003-64) of approximately 5,000 acres located north of Lone Mountain
Road and west of Decatur boulevard.

Most Recent Change of Ownership


03/30/16 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#341905) was issued for an electric panel change
05/10/17
out at 10201 Four Views Street. The permit has not been finalized.

JB
VAR-71645 [PRJ-71581]
Staff Report Page Three
November 14, 2017 - Planning Commission Meeting

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
09/05/17 proposed addition to the front of the home that is located 40 feet from
the front yard property line where 50 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
10/05/17
well maintained single-family residence.

Details of Application Request


Site Area
Net Acres 2.03

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
RNP (Rural
Subject Single Family, R-E (Residence
Neighborhood
Property Detached Dwelling Estates)
Preservation)
RNP (Rural
Single Family, R-E (Residence
North Neighborhood
Detached Dwelling Estates)
Preservation)
RNP (Rural
Single Family, R-E (Residence
South Neighborhood
Detached Dwelling Estates)
Preservation)
RNP (Rural
Single Family, R-E (Residence
East Neighborhood
Detached Dwelling Estates)
Preservation)
RNP (Rural
Single Family, R-E (Residence
West Neighborhood
Detached Dwelling Estates)
Preservation)

JB
VAR-71645 [PRJ-71581]
Staff Report Page Four
November 14, 2017 - Planning Commission Meeting

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
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 19.06.060, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size 20,000 SF 88,427 SF Y
Min. Lot Width 100 Feet 277 Feet Y
Min. Setbacks
x Front 50 Feet 40 Feet N
x Side 10 Feet 115 Feet Y
x Corner 15 Feet 54 Feet Y
x Rear 35 Feet 178 Feet Y
Max. Building Height 35 Feet 13 Feet Y

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Four Views
Local Street Title 13 60 Y
Street
Ruston Road Local Street Title 13 60 Y

JB
VAR-71645



VAR-71645

VAR-71645

VAR-71645

VAR-71645

VAR-71645
VAR-71645 [PRJ-71581] - VARIANCE - APPLICANT: GREGORY TAYLOR - OWNER: GREGORY AND SUSAN
TAYLOR
10201 FOUR VIEWS STREET
10/05/17
VAR-71645 [PRJ-71581] - VARIANCE - APPLICANT: GREGORY TAYLOR - OWNER: GREGORY AND SUSAN
TAYLOR
10201 FOUR VIEWS STREET
10/05/17
VAR-71645 [PRJ-71581] - VARIANCE - APPLICANT: GREGORY TAYLOR - OWNER: GREGORY AND SUSAN
TAYLOR
10201 FOUR VIEWS STREET
10/05/17


VAR-71645
Agenda Item No.: 52.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71749 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: JOSHUA
DURYEA - OWNER: CHARLESTON HEIGHTS SHOPPING CENTER, LLC - For possible
action on a request for a Special Use Permit FOR A PROPOSED MOTOR VEHICLE SALES
(USED) USE WITH A WAIVER TO ALLOW A SITE AREA OF 1,545 SQUARE FEET
WHERE 25,000 SQUARE FEET IS REQUIRED at 4905 Alta Drive (APN 138-36-701-018), C-
2 (General Commercial) Zone, Ward 1 (Tarkanian) [PRJ-71680]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcard
SUP-71749 [PRJ-71680]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: JOSHUA DURYEA - OWNER: CHARLESTON
HEIGHTS SHOPPING CENTER, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71749 Staff recommends DENIAL, if approved subject to
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 27

NOTICES MAILED 579

PROTESTS 1

APPROVALS 0

CS
SUP-71749 [PRJ-71680]
Conditions Page One
November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71749 CONDITIONS

Planning

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

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

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

4. A Waiver from Title 19.12 is hereby approved, to allow a minimum site area of
1,545 square feet where 25,000 is the required minimum site area.

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

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

7. No temporary signs such as banners, pennants, inflatable objects, streamers,


flags, or other similar attention gaining item or devices shall be displayed upon the
subject property or a vehicle displayed for sale in the parking lot of the subject
property without the appropriate permits.

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

CS
SUP-71749 [PRJ-71680]
Staff Report Page One
November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

This is a request for a Special Use Permit for a proposed Motor Vehicle Sales (Used)
use within an existing shopping center located at 4905 Alta Drive.

ISSUES

x A Motor Vehicle Sales (Used) use is permissible in the C-2 (General


Commercial) zoning district with approval of a Special Use Permit.
x A Waiver is required to allow 1,545 square feet of space dedicated to the Motor
Vehicle Sales (Used) use where the minimum required is 25,000 square feet.

ANALYSIS

The applicant has proposed to operate a Motor Vehicle Sales (Used) use within an
existing shopping center. Per Title 19.12, the Motor Vehicle Sales (Used) use is defined
as a facility or area, other than an auto sales showroom, used primarily for the display
and sale or leasing of used automobiles, motorcycles and motor scooters, but excluding
mopeds. This use includes service bays and auto body shops which are incidental and
accessory to the sales use. According to the justification letter and site plan date
stamped 09/27/17, the proposed use meets the definition, as the applicant is proposing
to sell used automobiles.

The Minimum Special Use Permit Requirements for this use include:

1. The minimum site area designated for this use shall be 25,000 square feet.

The proposed use does not meet this requirement. The proposed dedicated space is
1,545 square feet within an existing shopping center. A Waiver accompanies this
application to allow the reduced area. Staff does not support the requested Waiver.

2. The installation and use of an outside public address or bell system is prohibited.

The proposed use meets this requirement, as the site will undergo regular inspection
throughout the licensing process.

CS
SUP-71749 [PRJ-71680]
Staff Report Page Two
November 14, 2017 - Planning Commission Meeting

3. All exterior lighting shall be screened or otherwise designed so as not to shine


directly onto any adjacent parcel of land.

The proposed use meets this requirement, as the applicant has not proposed any
additional lighting, and any new lighting is subject to permit review.

4. Accessory automobile rental is permitted.

The applicant is aware that accessory automobile rental is permitted.

5. No motor vehicle sales (used) may be located on Rancho Drive, between Vegas
Drive and Craig Road.

The proposed use will not be located on Rancho Drive, between Vegas Drive and Craig
Road.

Per the submitted site plan, the Motor Vehicle Sales (Used) use will be operated from a
1,545 square foot office space within an existing shopping center. A total of 15 parking
spaces, identified as display, are shown within close proximity to the subject office
space. The existing shopping center exceeds Title 19 parking requirements by providing
a total of 1,395 parking spaces where 532 are required for the entire commercial
development. A routine field check was conducted by Staff on 10/05/17 where a non-
permitted wall sign was found at the subject tenant space. A condition of approval has
been added to address this issue.

The proposal does not adhere to all minimum requirements as outlined by Title 19.12.
The applicant is requesting a Waiver to allow a site area of 1,545 square feet to be
dedicated to the use where the minimum required is 25,000 square feet. The minimum
site area requirement of 25,000 square feet reduces site congestion and ensures better
site circulation. The request for a Waiver reinforces the unsuitability of the proposed use
at this location. For these reasons, staff recommends denial; however, if approved
subject to conditions.

FINDINGS (SUP-71749)

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.

CS
SUP-71749 [PRJ-71680]
Staff Report Page Three
November 14, 2017 - Planning Commission Meeting

The proposed land use cannot be conducted in a manner that is harmonious with
the existing surrounding land uses as the subject site fails to meet the minimum
site area requirement.

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

The proposed land use cannot be conducted in a manner that is harmonious with
the existing surrounding land uses as the subject site fails to meet the minimum
site area requirement.

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


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

Access to the subject site is provided by Alta Drive, an 80-foot Major Collector
Street and Decatur Boulevard, a 120-foot Parkway Arterial which are both
adequate in size to serve the proposed use.

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

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

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

The proposed Motor Vehicle Sales (Used) use does not meet the minimum Title
19 site area requirement. A Waiver of the minimum area dedicated for the use
accompanies this application, which staff does not support.

BACKGROUND INFORMATION

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


There are no related relevant City Action on file.

Most Recent Change of Ownership


01/27/11 A deed was recorded for a change in ownership.

CS
SUP-71749 [PRJ-71680]
Staff Report Page Four
November 14, 2017 - Planning Commission Meeting

Related Building Permits/Business Licenses


Business License (#G62-02363) was approved for a proposed
02/14/14
cellphone repair use at 4911 Alta Drive. The license remains active.
Business License (#G62-07987) was approved for a proposed
09/10/14 administrative office use at 620 South Decatur Boulevard. The
license remains active.
Business License (#P62-00340) was approved for a proposed tavern
12/16/14
use at 564 South Decatur Boulevard. The license remains active.
Business License (#P63-00137) was approved for a proposed smoke
04/02/15 shop use at 586 South Decatur Boulevard. The license remains
active.
Business License (#G63-05161) was approved for a proposed
07/13/15 contract labor service use at 4919 Alta Drive. The license remains
active.
Business License (#G64-03634) was approved for a proposed
05/17/16 advertising sales use at 572 South Decatur Boulevard. The license
remains active.
Business License (#G64-07182) was approved for a proposed wire
10/04/16
transfer service use at 4923 Alta Drive. The license remains active.
Business License (#G65-00097) was approved for a proposed tax
01/05/17
preparation use at 4909 Alta Drive. The license remains active.
Business License (#G65-06648) for a proposed Motor Vehicle Sales
09/06/17 (Used) use at 4905 Alta Drive was denied due to the need of the
subject Special Use Permit.

Pre-Application Meeting
Staff conducted a pre-application meeting with the applicant where
09/20/17 the submittal requirements and deadlines were reviewed for a
proposed Motor Vehicle Sales (Used) use.

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

Field Check
Staff conducted a routine field check where an active shopping center
10/05/17 was found. A non-permitted wall sign was found at the proposed office
building.

CS
SUP-71749 [PRJ-71680]
Staff Report Page Five
November 14, 2017 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres 11.6

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject C-2 (General
Shopping Center MXU (Mixed Use)
Property Commercial)
North Undeveloped MXU (Mixed Use)
C-2 (General
South Shopping Center C (Commercial)
Commercial)
C-2 (General
MXU (Mixed Use)
Office, Other Than Commercial)
East
Listed P-R (Professional
O (Office)
Office)
C-1 (Limited
West Shopping Center MXU (Mixed Use)
Commercial)

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

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Title 19.04
Alta Drive Major Collector 80 Feet Y
Complete Streets
Decatur Title 19.04
Parkway Arterial 120 Feet Y
Boulevard Complete Streets

CS
SUP-71749 [PRJ-71680]
Staff Report Page Six
November 14, 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
Shopping
132,966 1:250 532
Center
TOTAL SPACES REQUIRED 532 1,395 Y
Regular and Handicap Spaces Required 521 11 1,315 40 Y

Waivers
Requirement Request Staff Recommendation
The minimum site area
designated for Motor Vehicle
To allow a site area
Sales (Used) use shall be Denial
of 1,545 square feet.
25,000 square feet.

CS
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SUP-71749
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CLV Planning - Application Form
Application Number: PRJ-71680

Application/Petition For: PRJ-71680 - SUP

ProjectAddress (Location): 4905 ALTA DR

Project Name YES AUTO LV LLV

Assessors Parcel #(s): 13836701018

Ward #: WARD 1 (LOIS TARKANIAN)

Is the Application Information Yes


Correct:
If no, ...change what

General Plan Designation: Proposed: Select

Zoning District: Proposed: Select

Gross Acres:

Lots/Units:

Additional Information:

Applicant First Name: Joshua

Applicant Last Name: Duryea

Applicant Address: 8321 canvas ct

Applicant City: las vegas

Applicant State: Nevada

Applicant Zip: 89113

Applicant Phone: 5035770852

Applicant Fax:

Applicant Email: duryeajoshua@gmail.com

Rep First Name: Joshua


Rep Last Name: Duryea

Rep Address: 8321 canvas ct

Rep City: las vegas

Rep State: Nevada

Rep Zip: 89113

Rep Phone: 5035770852

Rep Fax:

Rep Email: duryeajoshua@gmail.com

SUP-71749
10/5/2017 11:12:29 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


CHARLESTON HTS SHOP CTR LLC 50 S JONES BLVD #100 LAS VEGAS, NV 89107-2672

CLVEPLAN Applicant Company Title Email


JOSHUA DURYEA Yes Auto LV LLC Member duryeajoshua@gmail.com

SUP-71749

10/5/2017 11:12:29 AM Page 2 of 2



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SUP-71749


SUP-71749 [PRJ-71680] - SPECIAL USE PERMIT - APPLICANT: JOSHUA DURYEA - OWNER: CHARLESTON
HEIGHTS SHOPPING CENTER, LLC
4905 ALTA DRIVE
10/11/17
SUP-71749 [PRJ-71680] - SPECIAL USE PERMIT - APPLICANT: JOSHUA DURYEA - OWNER: CHARLESTON
HEIGHTS SHOPPING CENTER, LLC
4905 ALTA DRIVE
10/11/17
SUP-71749 [PRJ-71680] - SPECIAL USE PERMIT - APPLICANT: JOSHUA DURYEA - OWNER: CHARLESTON
HEIGHTS SHOPPING CENTER, LLC
4905 ALTA DRIVE
10/11/17
SUP-71749 [PRJ-71680] - SPECIAL USE PERMIT - APPLICANT: JOSHUA DURYEA - OWNER: CHARLESTON
HEIGHTS SHOPPING CENTER, LLC
4905 ALTA DRIVE
10/11/17
SUP-71749 [PRJ-71680] - SPECIAL USE PERMIT - APPLICANT: JOSHUA DURYEA - OWNER: CHARLESTON
HEIGHTS SHOPPING CENTER, LLC
4905 ALTA DRIVE
10/11/17
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SUP-71749
Agenda Item No.: 53.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
VAR-71766 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: SHALINI
BHUTANI - For possible action on a request for a Variance TO ALLOW A SEVEN-FOOT
TALL FRONT YARD WALL/FENCE WHERE A MAXIMUM OF FIVE FEET WITH A
TWO-FOOT SOLID BASE IS ALLOWED on 0.46 acres at 2220 West Oakey Boulevard (APN
162-04-210-100), R-E (Residence Estates) Zone, Ward 1 (Tarkanian) [PRJ-70565]. Staff
recommends DENIAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 5 Planning Commission Mtg. 2
City Council Meeting 0 City Council Meeting 0

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

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-71766 and SUP-71767 [PRJ-70565]
2. Conditions and Staff Report - VAR-71766 and SUP-71767 [PRJ-70565]
3. Supporting Documentation - VAR-71766 and SUP-71767 [PRJ-70565]
4. Photo(s) - VAR-71766 and SUP-71767 [PRJ-70565]
5. Justification Letter - VAR-71766 and SUP-71767 [PRJ-70565]
6. Protest/Support Postcards for VAR-71766 and SUP-71767 [PRJ-70565]
VAR-71766 and SUP-71767 [PRJ-70565]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: SHALINI BHUTANI

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
VAR-71766 Staff recommends DENIAL, if approved subject to
conditions:
SUP-71767 Staff recommends DENIAL, if approved subject to VAR-71766
conditions:

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 26

NOTICES MAILED 220

PROTESTS 5 - VAR-71766
6 - SUP-71767

APPROVALS 2 - VAR-71766
0 - SUP-71767

JB
VAR-71766 and SUP-71767 [PRJ-70565]
Conditions Page One
November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

VAR-71766 CONDITIONS

Planning

1. Approval of and conformance to the Conditions of Approval for Special Use Permit
(SUP-71767) 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-71767 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Short-
Term Residential use.

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


71766) 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.

JB
VAR-71766 and SUP-71767 [PRJ-70565]
Conditions Page Two
November 14, 2017 - Planning Commission Meeting

4. A Waiver from Title 19.12 is hereby approved, to allow a 383-foot distance


separation from a similar use where 660 feet is required.

5. The use shall not include the rental or occupancy of an accessory structure (Class
I or II), a tent, a trailer or a mobile unit.

6. Prior to the issuance of a Short-Term Residential Rental business license, the


Department of Planning - Code Enforcement Division must approve an inspection
of the subject property.

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

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

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

JB
VAR-71766 and SUP-71767 [PRJ-70565]
Staff Report Page One
November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to operate a Short-Term Residential Rental use within the
existing single-family dwelling at 2220 West Oakey Boulevard. In addition, the applicant
has requested a Variance (VAR-71766) to allow a seven-foot tall front yard wall/fence
where a maximum of five feet with a two-foot solid base is allowed within the front yard
setback area.

ISSUES

x Pursuant to Title 19.12, a Short-Term Residential Rental use is permitted in the R-E
(Residence Estates) zoning district as a Conditional Use.
x The applicant will not comply with the owner occupied requirements and bedroom
limitations of the conditional use regulations and therefore, per Title 19.12.040, a
Special Use Permit is required.
x A Waiver has been requested to allow the use to be 383 feet from an existing Short-
Term Residential Rental use, where 660 feet is required. Staff does not support this
waiver request.
x The applicant is required to schedule an inspection through the Department of
Planning - Code Enforcement Division. The inspection must be approved prior to the
issuance of the business license.
x A Code Enforcement case (#174903) was processed for a non-licensed Short-Term
Rental at 2220 West Oakey Boulevard. The case has not been resolved.
x The applicant has requested a Variance (VAR-71766) to allow a seven-foot tall front
yard wall/fence where a maximum of five feet with a two-foot solid base is allowed
within the front yard setback area.

ANALYSIS

The subject property contains a single-family dwelling, is zoned R-E (Residence


Estates) and is subject to Title 19 requirements. The dwelling contains four bedrooms
per the Clark County Assessors records. The Short-Term Residential Rental definition
specifically prohibits the rental or occupancy of an accessory structure (Class I or II), a
tent, a trailer or a mobile unit. Staff has included a recommended condition that
includes that restriction.

JB
VAR-71766 and SUP-71767 [PRJ-70565]
Staff Report Page Two
November 14, 2017 - Planning Commission Meeting

A Short-Term Residential Rental use is permitted in the R-E (Residence Estates) zoning
district as a Conditional Use. The proposed use would not meet the Conditional Use
Regulations requiring it be owner occupied during each period the unit is rented, to be
660 feet from any other Short-Term Residential Rental use, and is a home with more
than three bedrooms; therefore, per Title 19.12.040, a Special Use Permit is required.

The Short-Term Residential Rental use is defined as The commercial use, or the
making available for commercial use, of a residential dwelling unit for dwelling, lodging
or sleeping purposes, wherein any individual guest rents or occupies the entire dwelling
unit or one or more individual rooms within the unit for a period of less than 31
consecutive calendar days. This use does not include a Community Residence,
Facility for Transitional Living for Released Offenders, or any other facility with
dwelling units that is specifically defined in Chapter 19.18. For purposes of this Title, this
use does not include the rental or occupancy of an accessory structure (Class I or II), a
tent, a trailer or a mobile unit. In the case of a single parcel containing more than one
dwelling unit, each dwelling unit constitutes a separate short-term residential rental
use. Per the applicants justification letter and floor plan date stamped on 10/03/17, the
subject site will provide four guest rooms for lodging of individual guests.

The Minimum Special Use Permit Requirements for this use include: (The requirements
marked with an asterisk cannot be waived.)

*1. The operator must obtain a business license to operate the use.

If this Special Use Permit is approved, the applicant will be required to obtain a
business license prior to operating.

*2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*3. The use must comply with the Citys noise regulations as they apply to residential
uses, as well as any applicable provisions of the Municipal Code that may pertain
to odor nuisances.

The Code Enforcement Division will investigate noise and odor nuisance
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

JB
VAR-71766 and SUP-71767 [PRJ-70565]
Staff Report Page Three
November 14, 2017 - Planning Commission Meeting

*4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or
access to other properties in the area.

The Code Enforcement Division will investigate traffic and access obstruction
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*5. In addition to and independent of any enforcement authority or remedy described


in this Title, the failure to comply with a Minimum Special Use Permit
Requirement or other condition of approval associated with this use may be
enforced as in the case of a violation of Title 6 by means of a civil proceeding
pursuant to LVMC 6.02.400 to 6.02.460, inclusive.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*6. The use is allowed in the P-O, O, C-1, C-2 and C-PB Zoning Districts only in
connection with the residential component of a mixed-use development or in a
dwelling unit permitted as a legal nonconforming use.

This condition does not apply, as the subject site is not zoned P-O, O, C-1, C-2
or C-PB.

*7. The maximum occupancy of the residential dwelling unit shall not exceed the
limits provided for in LVMC 6.75.090.

The Code Enforcement Division will investigate maximum occupancy allegations


and take enforcement action when appropriate. Reports of violations will be
forwarded to the Business Licensing Division for action when appropriate.

8. The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).

The applicant has requested a waiver of this requirement to allow the proposed
Short-Term Residential Rental use to be 383 feet from the nearest existing Short-
Term Residential Rental use, where 660 feet is required. Staff does not support
the waiver request.

JB
VAR-71766 and SUP-71767 [PRJ-70565]
Staff Report Page Four
November 14, 2017 - Planning Commission Meeting

Additional parking for a Short-Term Residential Rental is only required if the unit has
more than five bedrooms, at which point one additional space shall be required for
every two additional bedrooms or fractional portion thereof. The proposed Short-Term
Residential Rental has four bedrooms and therefore is not required to provide an
additional parking space.

The applicant has requested a waiver of the 660-foot distance separation from a similar,
existing use. The subject site is 383 feet from the nearest Short-Term Residential
Rental. Staff does not support this waiver request.

On February 21st, 2017 a code enforcement case (#174903) was processed for an
unlicensed Short-Term Rental use located on the subject site; the case has not been
resolved. The proposed Short-Term Residential Rental use will not be compatible with
the surrounding residential uses due to the existing Short-Term Residential Rental use
that is currently licensed approximately 383 feet from the subject site.

In addition, the applicant has requested a Variance (VAR-71766) to allow a seven-foot


tall front yard wall/fence where a maximum of five feet with a two-foot solid base is
allowed. Code requirements are intended to discourage the saturation of Short-Term
Residential Rental uses within residential areas. The minimum special use permit
requirements specify that the distance between similar uses shall be at least 660 feet;
therefore, staff recommends denial. If this application is approved, it is subject to
conditions.

FINDINGS (VAR-71766)

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

JB
VAR-71766 and SUP-71767 [PRJ-70565]
Staff Report Page Five
November 14, 2017 - Planning Commission Meeting

from that strict application may be granted so as to relieve the difficulties or


hardship, if the relief may be granted without substantial detriment to the public
good, without substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or resolution.

No evidence of a unique or extraordinary circumstance has been presented, in that the


applicant has created a self-imposed hardship by proposing to install a seven-foot tall
front yard wall/fence where a maximum of five feet with a two-foot solid base is allowed.
An alternative design ad wall height would allow conformance to the Title 19
requirements. In view of the absence of any hardships imposed by the sites physical
characteristics, it is concluded that the applicants hardship is preferential in nature, and
it is thereby outside the realm of NRS Chapter 278 for granting of Variances.

FINDINGS (SUP-71767)

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

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


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

The proposed Short-Term Residential Rental use cannot be conducted in a


manner that is harmonious and compatible with the existing surrounding land
uses. The subject property is located within 660 feet of a licensed Short-Term
Residential Rental use.

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

The subject site is physically suitable for the use as a Short-Term Residential
Rental.

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


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

The proposed Short-Term Residential Rental use will be accessed by Oakey


Boulevard, a 80-foot wide Major Collector Street, which will provide adequate
access for the proposed use.

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

JB
VAR-71766 and SUP-71767 [PRJ-70565]
Staff Report Page Six
November 14, 2017 - Planning Commission Meeting

The approval of the Special Use Permit on this subject property will be subject to
conditions of approval, business license approval, and compliance inspections to
ensure it will not compromise the public health safety and welfare.

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

The proposed Short-Term Residential Rental use complies with all of the Special
Use Permit requirements listed in Title 19.12 with the exception of the distance
separation from a similar, existing use. The applicant has requested a waiver to
allow a 383-foot separation where 660 feet is required. Staff does not support this
waiver request.

BACKGROUND INFORMATION

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


The Board of Zoning Adjustment approved a request for a Variance
(V-0040-76) to allow a carport within 2 feet 6 inches of the side
07/22/76
property line where 10 feet is required on property located at 2220
West Oakey Boulevard.

Most Recent Change of Ownership


03/13/15 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A building permit (#1963) was issued for a single-family dwelling
10/24/60 located at 2220 West Oakey Boulevard. The permit was finalized on
08/02/61.
A building permit (#12913) was issued for a swimming pool located at
09/27/62
2220 West Oakey Boulevard. The permit was finalized on 03/08/64.
A building permit (#4275) was issued for a carport located at 2220
08/25/76
West Oakey Boulevard. The permit was not finalized.
A building permit (#20613) was issued for a wall (70 x 4) at 2220
11/13/00
West Oakey Boulevard. The permit was finalized on 01/05/01.
A Code Enforcement case (#169514) was processed for a Short-Term
08/09/16 Residential Rental at 2220 West Oakey Boulevard. The case was
resolved on 11/30/16.
A Code Enforcement case (#174903) was processed for an unlicensed
02/21/17 Short-Term Residential Rental at 2220 West Oakey Boulevard. The
case is active.

JB
VAR-71766 and SUP-71767 [PRJ-70565]
Staff Report Page Seven
November 14, 2017 - Planning Commission Meeting

Pre-Application Meeting
A pre-application meeting was conducted where the submittal
requirements for a Variance and Special Use Permit application were
09/14/17
discussed for a proposed Short-Term Residential Rental use and
seven-foot tall front yard wall/fence at 2220 West Oakey Boulevard.

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

Field Check
A field check by staff observed the single-family residence and noted
10/05/17
the site is well maintained.

Details of Application Request


Site Area
Gross Acres 0.46

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family, DR (Desert Rural R-E (Residence
Property Detached Density Residential) Estates)
DR (Desert Rural R-E (Residence
North Undeveloped
Density Residential) Estates)
Single Family, L (Low Density R-1 (Single Family
South
Detached Residential) Residential)
Single Family, DR (Desert Rural R-E (Residence
East
Detached Density Residential) Estates)
DR (Desert Rural R-E (Residence
West Undeveloped
Density Residential) Estates)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District (200 Feet) Y
RP-O (Rural Preservation Overlay) District Y

JB
VAR-71766 and SUP-71767 [PRJ-70565]
Staff Report Page Eight
November 14, 2017 - Planning Commission Meeting

Other Plans or Special Requirements Compliance


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

DEVELOPMENT STANDARDS

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Master Plan of
Oakey
Major Collector Streets and 80 Feet Y
Boulevard
Highways

Waivers
Requirement Request Staff Recommendation
A Short-Term Residential To allow a Short-
Rental use may not be Term Residential
located closer than 660 feet Rental use to be 383
to any other Short-Term feet from an existing Denial
Residential Rental use Short-Term
(measured property line to Residential Rental
property line). use.

JB
VAR-71766



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A77 77A7A

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A7b7 7

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A77

A7

A77 7

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777

7A7 77

7b7 7

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77

7

77 7



VAR-71766 and SUP-71767
77 7 777
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77777777
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77777B7
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77777
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7 A7 A
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bA7A7 b7 7
77 77 7


VAR-71766 and SUP-71767

77 7 777

VAR-71766 and SUP-71767


VAR-71766 and SUP-71767


A 7 77A 77
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A7A77 A
77bA7
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VAR-71766 and SUP-71767


A 7 77A 77
77A7
A7A77 17A
77bA7
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VAR-71766 and SUP-71767


A 7 77A 77
77A7
A7A77 171b7A7bA7

VAR-71766 [PRJ-70565] - SPECIAL USE PERMIT RELATED TO SUP-71767 - APPLICANT/OWNER: SHALINI
BHUTANI
2220 WEST OAKEY BOULEVARD
10/05/17

VAR-71766 and SUP-71767



VAR-71766 and SUP-71767


Agenda Item No.: 54.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71767 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
SHALINI BHUTANI - For possible action on a request for a Special Use Permit FOR A
PROPOSED SHORT-TERM RESIDENTIAL RENTAL USE WITH A WAIVER TO ALLOW
A 383-FOOT DISTANCE SEPARATION FROM A SIMILAR USE WHERE 660 FEET IS
REQUIRED at 2220 West Oakey Boulevard (APN 162-04-210-100), R-E (Residence Estates)
Zone, Ward 1 (Tarkanian) [PRJ-70565]. Staff recommends DENIAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 6 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. 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.
SUP-71767



Agenda Item No.: 55.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71656 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER: RED
MOCHA, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED
SHORT-TERM RESIDENTIAL RENTAL USE at 2001 Grand Island Court (APN 163-03-314-
003), R-E (Residence Estates) Zone, Ward 1 (Tarkanian) [PRJ-71628]. Staff recommends
APPROVAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


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

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcards
SUP-71656 [PRJ-71628]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: RED MOCHA, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71656 Staff recommends APPROVAL, subject to conditions: N/A

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 26

NOTICES MAILED 159

PROTESTS 3

APPROVALS 0

NE
SUP-71656 [PRJ-71628]
Conditions Page One
November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71656 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Short-
Term Residential Rental use.

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

3. The use shall not include the rental or occupancy of an accessory structure (Class
I or II), a tent, a trailer or a mobile unit.

4. Prior to the issuance of a Short-Term Residential Rental business license, the


Department of Planning - Code Enforcement Division must approve an inspection
of the subject property.

5. All necessary business licenses shall be obtained in compliance with Title 6 prior to
any rental activities.

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

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

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

NE
SUP-71656 [PRJ-71628]
Staff Report Page One
November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to operate a Short-Term Residential Rental use within the
existing single-family dwelling at 2001 Grand Island Court.

ISSUES

x Pursuant to Title 19.12, a Short-Term Residential Rental use is permitted in the R-E
(Residence Estates) zoning district as a Conditional Use.
x The applicant will not comply with the owner occupied requirements and bedroom
limitations of the conditional use regulations and therefore per Title 19.12.040 a
Special Use Permit is required.
x The applicant is required to schedule an inspection through the Department of
Planning - Code Enforcement Division. The inspection must be approved prior to
the issuance of the business license.

ANALYSIS

The subject property contains a single-family dwelling, is zoned R-E (Residence


Estates); and is subject to Title 19 requirements. The floor plans submitted with this
application depict a dwelling with six bedrooms.

A Short-Term Residential Rental use is permitted in the R-E (Residence Estates) zoning
district as a Conditional Use. The proposed use would not meet the Conditional Use
Regulations requiring it to be owner occupied during each period the unit is rented, and
no more than three bedrooms; therefore, per Title 19.12.040 a Special Use Permit is
required.

The Short-Term Residential Rental use is defined as The commercial use, or the
making available for commercial use, of a residential dwelling unit for dwelling, lodging
or sleeping purposes, wherein any individual guest rents or occupies the entire dwelling
unit or one or more individual rooms within the unit for a period of less than 31
consecutive calendar days. This use does not include a Community Residence,
Facility for Transitional Living for Released Offenders, or any other facility with
dwelling units that is specifically defined in Chapter 19.18. For purposes of this Title, this
use does not include the rental or occupancy of an accessory structure (Class I or II), a
tent, a trailer or a mobile unit. In the case of a single parcel containing more than one
dwelling unit, each dwelling unit constitutes a separate short-term residential rental

NE
SUP-71656 [PRJ-71628]
Staff Report Page Two
November 14, 2017 - Planning Commission Meeting

use. Per the applicants justification letter date stamped on 10/02/17, the applicant is
requesting a Special Use Permit to allow for a vacation rental at 2001 Grand Island
Court. Additionally, the following analysis is required:

The Minimum Special Use Permit Requirements for this use include: (The requirements
marked with an asterisk cannot be waived.)

*1. The operator must obtain a business license to operate the use.

If this Special Use Permit is approved, the applicant will be required to obtain a
business license prior to operating.

*2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*3. The use must comply with the Citys noise regulations as they apply to residential
uses, as well as any applicable provisions of the Municipal Code that may pertain
to odor nuisances.

The Code Enforcement Division will investigate noise and odor nuisance
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or
access to other properties in the area.

The Code Enforcement Division will investigate traffic and access obstruction
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*5. In addition to and independent of any enforcement authority or remedy described


in this Title, the failure to comply with a Minimum Special Use Permit
Requirement or other condition of approval associated with this use may be
enforced as in the case of a violation of Title 6 by means of a civil proceeding
pursuant to LVMC 6.02.400 to 6.02.460, inclusive.

NE
SUP-71656 [PRJ-71628]
Staff Report Page Three
November 14, 2017 - Planning Commission Meeting

If a business license is issued for this Short-Term Residential Rental, it will be


subject to license renewal and annual compliance review to ensure that all
regulatory requirements continue to be met.

*6. The use is allowed in the P-O, O, C-1, C-2 and C-PB Zoning Districts only in
connection with the residential component of a mixed-use development or in a
dwelling unit permitted as a legal nonconforming use.

This condition does not apply, as the subject site is not zoned P-O, O, C-1, C-2
or C-PB.

*7. The maximum occupancy of the residential dwelling unit shall not exceed the
limits provided for in LVMC 6.75.090.

The Code Enforcement Division will investigate maximum occupancy allegations


and take enforcement action when appropriate. Reports of violations will be
forwarded to the Business Licensing Division for action when appropriate.

8. The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).

The proposed use meets this requirement, as the subject property is


approximately 810 feet from the nearest Short-Term Residential Rental use.

2001 Grand Island Court is located within a gated community with a private street at the
southwest corner of El Parque Avenue Avenue and South Tioga Way. If the gated
neighborhood has a Home Owners Association (HOA), the applicant is required to
provide the Department of Planning, Business Licensing Division with documentation
from the association acknowledging the proposed use and, if necessary, granting
access to occupants of the proposed rental unit. A copy of the letter or document must
be attached to the business license affidavit for Short Term Rentals at the time of
application.

The subject site is located within the Rural Preservation Overlay District which was
established to preserve the rural nature of these designated areas by attaching special
importance to their rural character and low density. Some characteristics of these
neighborhoods include single-family homes on large lots, non-commercial raising of
domestic animals, and a density limit of two units per acre. The existing character of
rural neighborhoods and communities is protected by establishing boundaries to limit
encroachment of higher density development into protected areas.

NE
SUP-71656 [PRJ-71628]
Staff Report Page Four
November 14, 2017 - Planning Commission Meeting

Additional parking for a Short-Term Residential Rental is only required if the unit has
more than five bedrooms, at which point one additional space shall be required for
every two additional bedrooms or fractional portion thereof. The proposed Short-Term
Residential Rental has six bedrooms and has provided one additional parking space on
the south side of the residences.

The subject site is approximately 810 feet away from the nearest Short-Term
Residential Rental, and has provided the required on-site parking as required by Title
19.12; therefore, staff is recommending approval of this request.

FINDINGS (SUP-71248)

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

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


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

The proposed Short-Term Residential Rental use can be conducted in a manner


that is harmonious and compatible with the existing surrounding land uses. The
subject property is located more than 660 feet from another Short-Term
Residential Use.

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

The subject site is physically suitable for the use as a Short-Term Residential
Rental.

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


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

The proposed Short-Term Residential Rental use will be accessed from Grand
Island Court, a 40-foot wide private street, which will provide adequate access for
the proposed use.

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

NE
SUP-71656 [PRJ-71628]
Staff Report Page Five
November 14, 2017 - Planning Commission Meeting

The approval of the Special Use Permit on this subject property will be subject to
conditions of approval, business license approval, and compliance inspections to
assure it will not compromise the public health safety and welfare.

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

The proposed Short-Term Residential Rental use complies with all of the Special
Use Permit requirements listed in Title 19.12.

BACKGROUND INFORMATION

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


Code Enforcement processed a complaint (#182368) for the home
09/08/17 being advertised on AirBNB and a party occurring on 09/02/17 at 2001
Grand Island Court. The case remains open as of 10/18/17.

Most Recent Change of Ownership


02/10/17 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


There are no related building permits or business licenses for this address.

Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal
09/11/17
requirements for a Special Use Permit were discussed.

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

Field Check
Staff attempted to perform a routine field check, but was unable to gain
entry into the gated neighborhood. Subject site was observed from El
10/05/17
Parque Avenue, where staff was unable to observe the existing site
conditions.

NE
SUP-71656 [PRJ-71628]
Staff Report Page Six
November 14, 2017 - Planning Commission Meeting

Details of Application Request


Site Area
Net Acres 0.46

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family, DR (Desert Rural R-E (Residence
Property Detached Density Residential) Estates)
Single Family, DR (Desert Rural R-E (Residence
North
Detached Density Residential) Estates)
Single Family, DR (Desert Rural R-E (Residence
South
Detached Density Residential) Estates)
Single Family, DR (Desert Rural R-E (Residence
East
Detached Density Residential) Estates)
Single Family, DR (Desert Rural R-E (Residence
West
Detached Density Residential) Estates)

Master and Neighborhood Plan Areas Compliance


No Applicable Master Plan Area N/A
Special Area and Overlay Districts Compliance
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

Functional Actual Compliance


Governing
Street Name Classification of Street Width with Street
Document
Street(s) (Feet) Section
Grand Island Court Private Street N/A 40 Y

NE

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A
SUP-71656 [PRJ-71628] - SPECIAL USE PERMIT - APPLICANT/OWNER: RED MOCHA, LLC
2001 GRAND ISLAND COURT
10/05/17
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Agenda Item No.: 56.

AGENDA SUMMARY PAGE - PLANNING


PLANNING COMMISSION MEETING OF: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
DIRECTOR: PETER LOWENSTEIN, ACTING Consent Discussion

SUBJECT:
SUP-71660 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
CALANDA HOUSE, LLC - For possible action on a request for a Special Use Permit FOR AN
EXISTING SHORT-TERM RESIDENTIAL RENTAL USE at 1913 Calanda Court (APN 162-
05-715-011), R-1 (Single Family Residential) Zone, Ward 1 (Tarkanian) [PRJ-71627]. Staff
recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 1/3/2018


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

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:


Planning Commission Mtg. 4 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcards
SUP-71660 [PRJ-71627]

AGENDA MEMO - PLANNING


PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2017
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CALANDA HOUSE, LLC

** STAFF RECOMMENDATION(S) **

CASE REQUIRED FOR


RECOMMENDATION
NUMBER APPROVAL
SUP-71660 Staff recommends APPROVAL, subject to conditions: N/A

** NOTIFICATION **

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 28

NOTICES MAILED 289

PROTESTS 4

APPROVALS 0

DC
SUP-71660 [PRJ-71627]

Conditions Page One


November 14, 2017 - Planning Commission Meeting

** CONDITIONS **

SUP-71660 CONDITIONS

Planning

1. Conformance to all Minimum Requirements under LVMC Title 19.12 for a Short-
Term Residential Rental use.

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

3. The use shall not include the rental or occupancy of an accessory structure (Class
I or II), a tent, a trailer or a mobile unit.

4. All necessary business licenses shall be obtained in compliance with Title 6 prior to
any rental activities.

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

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

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

DC
SUP-71660 [PRJ-71627]
Staff Report Page One
November 14, 2017 - Planning Commission Meeting

** STAFF REPORT **

PROJECT DESCRIPTION

The applicant is proposing to operate a Short-Term Residential Rental use within the
existing single-family dwelling at 1913 Calanda Court.

The subject site has been operating as a Short-Term Residential Rental with a business
license (G63-02851) issued on 06/08/2015. The applicant began operations prior to the
requirement of a Special Use Permit for a Short-Term Residential Rental use; however,
per Ordinance No. 6585 a Special Use Permit must be approved to continue operating
after 6/30/19.

ISSUES

x Pursuant to Title 19.12, a Short-Term Residential Rental use is permitted in the R-1
(Single Family Residential) zoning district as a Conditional Use.
x The applicant will not comply with the owner occupied requirements of the
conditional use regulations and therefore per Title 19.12.040 a Special Use Permit is
required.
x The applicant has been operating a Short-Term Residential Rental at this site under
business license (G63-02851) issued on 06/08/2015. The applicant began
operations prior to the requirement of a Special Use Permit for a Short-Term
Residential Rental use.

ANALYSIS

The subject property contains a single-family dwelling, is zoned R-1 (Single Family
Residential) and is subject to Title 19 requirements. The dwelling contains five
bedrooms per the Clark County Assessors records. The Short-Term Residential Rental
definition specifically prohibits the rental or occupancy of an accessory structure (Class I
or II), a tent, a trailer or a mobile unit. Staff has included a recommended condition that
includes that restriction.

A Short-Term Residential Rental use is permitted in the R-1 (Single Family Residential)
zoning district as a Conditional Use. The proposed use would not meet the Conditional
Use Regulations requiring it to be owner occupied during each period the unit is rented,
and to contain three or fewer bedrooms; therefore, per Title 19.12.040 a Special Use
Permit is required.

DC
SUP-71660 [PRJ-71627]
Staff Report Page Two
November 14, 2017 - Planning Commission Meeting

The Short-Term Residential Rental use is defined as The commercial use, or the
making available for commercial use, of a residential dwelling unit for dwelling, lodging
or sleeping purposes, wherein any individual guest rents or occupies the entire dwelling
unit or one or more individual rooms within the unit for a period of less than 31
consecutive calendar days. This use does not include a Community Residence,
Facility for Transitional Living for Released Offenders, or any other facility with
dwelling units that is specifically defined in Chapter 19.18. For purposes of this Title, this
use does not include the rental or occupancy of an accessory structure (Class I or II), a
tent, a trailer or a mobile unit. In the case of a single parcel containing more than one
dwelling unit, each dwelling unit constitutes a separate short-term residential rental
use. Per the applicants justification letter date stamped on 10/04/17, the applicant
states that the property is in a good location for this use and will not have a negative
impact on the surrounding area, and that to their knowledge the neighbors do not have
a problem with the use being located at the subject site. Additionally, the following
analysis is required:

The Minimum Special Use Permit Requirements for this use include: (The requirements
marked with an asterisk cannot be waived.)

*1. The operator must obtain a business license to operate the use.

A business license (G63-02851) for a Short-Term Residential Rental was issued


06/08/15.

*2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.

The business license is subject to license renewal and annual compliance review
to ensure that all regulatory requirements continue to be met.

*3. The use must comply with the Citys noise regulations as they apply to residential
uses, as well as any applicable provisions of the Municipal Code that may pertain
to odor nuisances.

The Code Enforcement Division will investigate noise and odor nuisance
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or
access to other properties in the area.

DC
SUP-71660 [PRJ-71627]
Staff Report Page Three
November 14, 2017 - Planning Commission Meeting

The Code Enforcement Division will investigate traffic and access obstruction
allegations and take enforcement action when appropriate. Reports of violations
will be forwarded to the Business Licensing Division for action when appropriate.

*5. In addition to and independent of any enforcement authority or remedy described


in this Title, the failure to comply with a Minimum Special Use Permit
Requirement or other condition of approval associated with this use may be
enforced as in the case of a violation of Title 6 by means of a civil proceeding
pursuant to LVMC 6.02.400 to 6.02.460, inclusive.

The business license is subject to license renewal and annual compliance review
to ensure that all regulatory requirements and any Special Use Permit conditions
of approval continue to be met.

*6. The use is allowed in the P-O, O, C-1, C-2 and C-PB Zoning Districts only in
connection with the residential component of a mixed-use development or in a
dwelling unit permitted as a legal nonconforming use.

This condition does not apply, as the subject site is not zoned P-O, O, C-1, C-2
or C-PB.

*7. The maximum occupancy of the residential dwelling unit shall not exceed the
limits provided for in LVMC 6.75.090.

The Code Enforcement Division will investigate maximum occupancy allegations


and take enforcement action when appropriate. Reports of violations will be
forwarded to the Business Licensing Division for action when appropriate.

8. The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).

The proposed use meets this requirement, as the subject property is 800 feet
from the nearest Short-Term Residential Rental use.

The property is located within a single-family residential subdivision on a cul-de-sac lot.


The floor plan indicates the dwelling is a two-story, five-bedroom single-family home of
3,547 square feet. The lot is approximately 800 feet from the nearest Short-Term
Residential Rental use.

DC
SUP-71660 [PRJ-71627]
Staff Report Page Four
November 14, 2017 - Planning Commission Meeting

The applicant has been operating a Short-Term Residential Rental at this site under
business license (G63-02851) issued on 06/08/15. A Code Enforcement case (153269)
was processed for loud noise and a Short-Term Residential Rental use on 04/13/15.
The case was closed 05/30/15 as a result of the property owner applying for licensure.
The applicant began operations prior to the requirement of a Conditional Use
Verification or Special Use Permit for a Short-Term Residential Rental use. A Code
Enforcement inspection was completed 05/27/15 with no issues for the owner to correct.

Additional parking for a Short-Term Residential Rental is only required if the unit has
more than five bedrooms, at which point one additional space shall be required for
every two additional bedrooms or fractional portion thereof. The proposed Short-Term
Residential Rental has five bedrooms and provides three on-site parking spaces. Staff
notes that the approved business license (G63-02851) indicates the property is licensed
for six bedrooms; however, the floor plan and Assessors records indicate the property
contains five bedrooms total.

The subject Short-Term Residential Rental Use has been in operation without a
neighborhood complaint since 06/08/15. The site meets R-1 lot standards and distance
separation requirements from other short-term rental uses. Staff finds that the use can
continue to be conducted in a manner that is harmonious with the existing surrounding
land uses. Therefore, staff recommends approval, subject to conditions.

FINDINGS (SUP-71660)

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

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


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

The proposed Short-Term Residential Rental use can be conducted in a manner


that is harmonious and compatible with the existing surrounding land uses. The
subject property is located more than 660 feet from another Short-Term
Residential Use.

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

The subject site is physically suitable for the use as a Short-Term Residential
Rental.

DC
SUP-71660 [PRJ-71627]
Staff Report Page Five
November 14, 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 Short-Term Residential Rental use will be accessed from Calanda
Court, a 51-foot wide local street, which will provide adequate access for the
proposed use.

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

The approval of the Special Use Permit on this subject property will be subject to
conditions of approval, business license approval, and compliance inspections to
assure it will not compromise the public health safety and welfare.

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

The proposed Short-Term Residential Rental use complies with all of the Special
Use Permit requirements listed in Title 19.12.

BACKGROUND INFORMATION

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


A Code Enforcement case (153269) was processed to investigate a
04/13/15 complaint regarding an unlicensed Short-Term Residential Rental and
loud noise. The case was resolved 05/30/15.
The Department of Planning Code Enforcement Division approved
05/27/15 an inspection of the subject site for the purpose of a Short-Term
Residential Rental business license.

Most Recent Change of Ownership


10/22/14 A deed was recorded for a change in ownership.

Related Building Permits/Business Licenses


A business license (G63-02851) was issued for a Short-Term
06/08/15
Residential Rental with six bedrooms at 1913 Calanda Court.

DC
SUP-71660 [PRJ-71627]
Staff Report Page Six
November 14, 2017 - Planning Commission Meeting

Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss
09/11/17 submittal requirements for a Special Use Permit for a Short-Term
Residential Rental use.

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

Field Check
The field check noted the subject property to be a well-maintained
10/05/2017
single-family dwelling.

Details of Application Request


Site Area
Net Acres 0.4

Existing Land Planned or Special


Surrounding Existing Zoning
Use Per Title Land Use
Property District
19.12 Designation
Subject Single Family, L (Low Density R-1 (Single Family
Property Detached Residential) Residential)
Single Family, L (Low Density R-1 (Single Family
North
Detached Residential) Residential)
R-PD7 (Residential
Single Family, ML (Medium Low
South Planned Development
Detached Density Residential)
7 Units per Acre)
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)

DC
SUP-71660 [PRJ-71627]
Staff Report Page Seven
November 14, 2017 - Planning Commission Meeting

Master and Neighborhood Plan Areas Compliance


Rancho Charleston Land Use Study Y
Special Area and Overlay Districts Compliance
A-O (Airport Overlay) District (200 Feet) Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Interlocal Agreement N/A
Project of Significant Impact (Development Impact Notification N/A
Assessment)
Project of Regional Significance N/A

DEVELOPMENT STANDARDS

Pursuant to Title 19.06, the following standards apply:


Standard Required/Allowed Provided Compliance
Min. Lot Size 6,000 SF 17,424 SF Y
Min. Lot Width 65 Feet 50 Feet Y*
Max. Lot Coverage 50 % 12 % Y
* The subject site is located along the circular portion of a cul-de-sac. Lots located along
the circular portion of a cul-de-sac or a knuckle portion of a street may be reduced to a
minimum of 30 feet in width at the front property line, provided the average lot width
meets the required lot width.

Functional Actual Compliance


Governing
Street Name Classification Street Width with Street
Document
of Street(s) (Feet) Section
Calanda Court Local Street Title 13 51 Y

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