06.10.14 PC FINAL Packet - Items 28-62

Agenda tem No.: 28.
AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: JUNE 10, 2014
DEPARTMENT: PLANNING
DIRECTOR: FLINN FAGG Consent Discussion

SUB1ECT:
VAR-53671 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: VICTOR
HECKER, ET AL - For possible action on a request Ior a Variance TO ALLOW A 10-FOOT
RESIDENTIAL ADJACENCY SETBACK WHERE 60 FEET IS REQUIRED FOR A
PROPOSED CONVALESCENT CARE FACILITY/NURSING HOME on 0.83 acres at the
southwest corner oI Elkhorn Road and Jones Boulevard (APN 125-23-502-008), R-E (Residence
Estates) Zone, Ward 6 (Ross) |PRJ-53350|. StaII recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 7/162014
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:
Planning Commission Mtg. 2 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
StaII recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-53671, SUP-53496 and SDR-53497 |PRJ-53350|
2. Conditions and StaII Report - VAR-53671, SUP-53496 and SDR-53497 |PRJ-53350|
3. Supporting Documentation - VAR-53671, SUP-53496 and SDR-53497 |PRJ-53350|
4. Photos - VAR-53671, SUP-53496 and SDR-53497 |PRJ-53350|
5. JustiIication Letter - VAR-53671, SUP-53496 and SDR-53497 |PRJ-53350|
6. Protest Postcards - VAR-53671 and SUP-53496 |PRJ-53350|

VAR-53671, SUP-53496 & SDR-53497 PR1-53350]
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AGENDA MEMO - PLANNING

PLANNING COMMISSION MEETING DATE: JUNE 10, 2014
ITEM DESCRIPTION: APPLICANT/OWNER: VICTOR HECKER, ET AL

`` STAFF RECOMMENDATION(S) ``

CASE
AUMBER
RECOMMEADA1IOA
REQUIRED FOR
APPROJAL
VAR-53671 StaII recommends APPROVAL, subject to conditions:
SUP-53496 StaII recommends APPROVAL, subject to conditions: VAR-53671
SDR-53497 StaII recommends APPROVAL, subject to conditions: VAR-53671 and
SUP-53496

`` CONDITIONS ``

VAk-5371 CONDIIIONS

Planning

1. Approval oI and conIormance to the Conditions oI Approval Ior Special Use Permit (SUP-
53496) and Site Development Plan Review (SDR-53497) shall be required, iI approved.

2. This approval shall be void two years Irom the date oI Iinal approval, unless exercised
pursuant to the provisions oI LVMC Title 19.16. An Extension oI Time may be Iiled Ior
consideration by the City oI Las Vegas.

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

4. These Conditions oI Approval shall be aIIixed to the cover sheet oI any plan set submitted
Ior building permit.

5. All City Code requirements and design standards oI all City departments must be satisIied,
except as modiIied herein.
VAR-53671, SUP-53496 & SDR-53497 PR1-53350]
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Conditions Page Two
1une 10, 2014 - Planning Commission Meeting

SbF-534 CONDIIIONS

Planning

1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Convalescent
Care Facility/Nursing Home use.

2. Approval oI and conIormance to the Conditions oI Approval Ior Variance (VAR-53671),
and Site Development Plan Review (SDR-53497) shall be required.


SaIety.

Ior building permits and business license.


SDk-5347 CONDIIIONS

Planning

1. Approval oI and conIormance to the conditions oI approval Ior Variance (VAR-53671), and
Special Use Permit (SUP-53496) shall be required, iI approved.

VAR-53671, SUP-53496 & SDR-53497 PR1-53350]
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Conditions Page Three

3. All development shall be in conIormance with the site plan, landscape plan, and building
elevations, date stamped 04/15/14, except as amended by conditions herein.

4. An Exception is approved to allow one parking lot landscape tree where seven are required.

SaIety.


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 Ior a building permit. A permanent underground sprinkler system
is required, and shall be permanently maintained in a satisIactory manner; the landscape
plan shall include irrigation speciIications. Installed landscaping shall not impede visibility
oI any traIIic control device.

8. A Iully operational Iire protection system, including Iire apparatus roads, Iire hydrants and
water supply, shall be installed and shall be Iunctioning prior to construction oI any
combustible structures.

9. All City Code requirements and design standards oI all City Departments must be satisIied,

Public Works

10. Construct all incomplete halI-street improvements including appropriate transitional paving
(iI legally able) on Elkhorn Road adjacent to this site concurrent with development oI 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 oI this site. Extend
all required underground utilities, such as electrical, telephone, etc., located within public
rights-oI-way, past the boundaries oI this site prior to construction oI hard surIacing (asphalt
or concrete). The entrance on Elkhorn Road is a 'right in, right out driveway only.

11. Meet with the Fire Protection Engineering Section oI the Department oI Fire Services to
discuss Iire requirements Ior this Site Plan Prior to submittal oI construction drawings Ior
this site.
VAR-53671, SUP-53496 & SDR-53497 PR1-53350]
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Conditions Page Four

12. Landscape and maintain all unimproved rights-oI-way, iI 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 Ior vehicular traIIic at all
development access drives and abutting street intersections.

13. Meet with the Flood Control Section oI the Department oI Public Works Ior assistance with
establishing Iinished Iloor elevations and drainage patterns Ior this site prior to submittal oI
construction plans or the issuance oI any building or grading permits, whichever may occur
Iirst. Provide and improve all drainage ways as recommended.

VAR-53671, SUP-53496 & SDR-53497 PR1-53350]
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Staff Report Page One

`` STAFF REPORT ``

PRO1ECT DESCRIPTION

The applicant is proposing a 24-bed Convalescent Care Facility/Nursing Home on the southwest
corner oI Elkhorn Road and Jones Boulevard on an R-E (Residence Estates) zoned parcel. The
parcel is currently undeveloped and the proposed development conIorms to all City oI Las Vegas
code requirements aside Irom the Variance and Exceptions that staII supports. The project is an
appropriate buIIer between the two primary arterial streets and the adjacent residential properties
to the west and south. For these reasons, staII recommends approval. II denied, no building
permits or business license could be issued Ior a Convalescent Care Facility/Nursing Home use
on the site.

ISSUES

A Variance is required to allow a 10-Ioot Residential Adjacency where 60 Ieet is
required. StaII supports this request as the project is a single-story structure that is 20
Ieet high. A residential structure could be built on the site with a height oI 35 Ieet
without the need Ior a variance.
A Special Use Permit is required Ior a Convalescent Care Facility/Nursing Home use on
an R-E (Residence Estates) zoned parcel. StaII supports this request.
An Exception is required to allow one tree where seven are required in the parking lot.
StaII supports this request due to the unique shape oI the lot and due to the Iact that
additional right-oI-way required at the intersection oI two primary roads, as well as the
applicant is providing additional trees along the perimeter buIIers.

BACKGROUND INFORMATION

Related Relevant City Actions by P&D, Fire, Bldg., etc
06/18/08
The City Council approved the request to Annex (ANX-27333) 0.83 acres
located at the southwest corner oI Jones Boulevard and Elkhorn Road. The
eIIective date was 07/16/08.
02/12/09
The Planning Commission approved a motion to Table a request to amend the
land use (GPA-32557) Irom DR (Desert Rural Density Residential) to SC
(Service Commercial), a Rezoning (ZON-32556) Irom U (Undeveloped) to C-
1 (Limited Commercial), a Variance (VAR-32575) to allow a 12-Ioot rear
yard setback where 20 Ieet is required, a Variance (VAR-32570) to allow 28
parking spaces where 40 is required and no loading zone, and a Site
Development Plan Review (SDR-32569) Ior a proposed 7,000 square-Ioot
convenience store with multiple landscape waivers. StaII recommended
denial.
VAR-53671, SUP-53496 & SDR-53497 PR1-53350]
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Staff Report Page Two

10/16/13
The City Council approved a Rezoning (ZON-50461) Irom U (Undeveloped)
|Dr (Desert Rural Density Residential) General Plan Designation| to R-E
(Residential Estates) on 0.83 acres at the southwest corner oI Elkhorn Road
and Jones Boulevard. The Planning Commission and staII recommended
approval.

Most Recent Change of Ownership
06/05/09 A deed was recorded Ior a change in ownership.

Related Building Permits/Business Licenses
No related permits or business licenses are on Iile.

Pre-Application Meeting
03/19/14
StaII met with the applicant and reviewed the requirements Ior a Special Use
Permit and Site Development Plan Review application Ior a Convalescent
Care Facility/Nursing Home. No Variance, Waiver or Exceptions were
needed.

Aeighborhood Meeting
04/22/14
Meeting Start Time: 6:10 pm Meeting End Time: 6:39 pm

Attendance: 4 Members oI the Public
4 Members oI the Development Team
1 Member oI the Planning Commission
1 Member oI the Council OIIice
1 Member oI the Planning Department
Concerns:

Overall opposed to any development at this location beyond a single-Iamily
home.

Field Check
04/03/14
StaII visited the site and Iound an undeveloped vacant lot. No issues were
noted.
VAR-53671, SUP-53496 & SDR-53497 PR1-53350]
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Staff Report Page Three

Details of Application Request
Site Area
Net Acres 0.83

Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property Undeveloped
DR (Desert Rural
Density Residential)
R-E (Residence Estates)
North
Single Family,
Detached
DR (Desert Rural
R-PD2 (Residential
Planned Development 2
Units per Acre)
South
Single Family,
Detached
RN (Rural
Neighborhood) Clark
County
R-E (Rural Estates
Residential District) Clark
County
East Undeveloped
R (Rural Density
Residential)
West
Single Family,
Detached
RN (Rural
Neighborhood) Clark
County
R-E (Rural Estates
Residential District) Clark
County

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
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Project oI SigniIicant Impact (Development Impact NotiIication Assessment) N/A
Project oI Regional SigniIicance 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 36,155 SF Y
Min. Lot Width 100 Feet 130 Feet Y
Min. Setbacks
Front
Side
Corner
Rear
50 Feet
10 Feet
15 Feet
35 Feet
75 Feet
10 Feet
15 Feet
35.8 Feet
Y
Y
Y
Y
VAR-53671, SUP-53496 & SDR-53497 PR1-53350]
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Staff Report Page Four

Max. Building Height 35 Feet 20 Feet Y
Trash Enclosure Screened, Gated, w/ a RooI
or Trellis
Screened,
Gated, w/ a
RooI or Trellis
Y
Mech. Equipment Screened Screened Y

Residential Adjacency Standards Required/Allowed Provided Compliance
3:1 proximity slope 60 Feet 10 Feet N
Adjacent development matching setback N/A N/A N/A
Trash Enclosure 50 Feet 81 Feet Y

Pursuant to 1itle 19.8.4, the following standards apply:
Landscaping and Open Space Standards
Required
Standards
Ratio 1rees
Provided

Compliance

BuIIer Trees:
North
South
East
West
1 Tree / 20 Linear Feet
2 Trees
7 Trees
14 Trees
14 Trees
2 Trees
16 Trees
17 Trees
17 Trees
Y
Y
Y
Y
TOTAL PERIMETER TREES 37 Trees 52 Trees Y
Parking Area Trees
1 Tree / 6 Uncovered
Spaces, plus 1 tree at the
end oI each row oI spaces
7 Trees 1 Trees N
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
South
East
West

6 Feet
0 Feet
6 Feet
0 Feet

6 Feet
6 Feet
15 Feet
6 Feet

Y
Y
Y
Y
Wall Height 6 to 8 Feet Adjacent to Residential Not Indicated N/A

Street Aame
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Elkhorn Road Primary Arterial
Planned Streets and
Highways
100 Y
Jones Boulevard Primary Arterial
Planned Streets and
Highways
100 Y
VAR-53671, SUP-53496 & SDR-53497 PR1-53350]
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Staff Report Page Five

Pursuant to 1itle 19.8 and 19.12, the following parking standards apply:
Parking Requirement
Required Provided Compliance
Parking Parking
Use
Cross
Floor
Area or
Aumber
of Units
Parking Ratio
Regular
Handi-
capped
Regular
Handi-
capped

Convalescent
Care
Facility/Nursi
ng Home
24-Beds
One space Ior
each 6 beds,
plus one space
Ior each
employee on
the largest shiIt,
plus 3 spaces
Ior use by
medical
proIessionals.
14

TOTAL SPACES REQUIRED 14

14

Y
Regular and Handicap Spaces Required 13 1 12 2 Y

Exceptions
Requirement Request Staff Recommendation
One tree Ior every uncovered
parking space and one tree at
the end oI each parking row.
To allow one tree where 7 are
required.
Approval

ANALYSIS

The Convalescent Care Facility/Nursing Home use is deIined as 'a building or structure
designed, used, or intended to be used to house and provide care Ior persons who have a chronic
physical or mental illness or inIirmity, but who do not need medical, surgical or other specialized
treatment normally provided by a hospital. This use includes a 'rest home and 'nursing home,
as well as a use that would qualiIy as a Community Residence except Ior the limitation on the
number oI residents, but does not include an 'assisted living apartment, 'hospital or other
medical Iacility that is speciIically deIined in LVMC Chapter 19.18. The proposed use meets
the deIinition as stated in the justiIication letter.

The Minimum Special Use Permit Requirements Ior this use include:

1. The minimum parcel size shall be 20,000 square Ieet.
The proposea use meets this requirement as the parcel is 36,155 Square feet.
VAR-53671, SUP-53496 & SDR-53497 PR1-53350]
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Staff Report Page Six

2. The maximum number oI beds per acre shall be 25.
The proposea use meets this requirement as only 24 beas will be proviaea.

3. Setbacks Ior buildings shall be the same as required Ior a single Iamily dwelling in the
zoning district where located.
The proposea use meets this requirement as the setbacks are those allowea for in the R-E
(Resiaence Estates) :one.

4. The maximum building height shall be 2 stories.
The builaing is a single-story structure.

5. The Iacility must be located on a collector street or larger.
The facility is locatea at the intersection of two primary arterial streets, thus meeting the
requirement.
This site is ideally suited Ior such a use as it will provide a buIIer Ior the residential properties to
the west and south Irom the intersection oI two primary arterial roads. The building is designed
to blend into the existing residential nature oI the area. The one story building is only 20 Ieet tall
with a pitched rooI similar to other homes in the area. However, since the use is considered a
commercial use within a residential district, the residential adjacency standards apply. The result
is that a Variance is required to allow a 20-Ioot tall building to be 10 Ieet Irom the property line
oI a residentially zoned parcel. StaII is supporting this Variance since a 35-Ioot tall single-
Iamily residential building could be built on the parcel without the need Ior a Variance. This is
15 Ieet taller than the proposed building height.

The applicant is providing additional landscaping in the number oI trees and shrubs being
installed along the landscape buIIer areas. This additional landscape oIIsets the reduced number
oI trees required Ior the parking lot area. The result is the need Ior an Exception to allow one
tree where seven are required in the parking lot. StaII supports this request as the additional
landscaping provided throughout the site negates any potential negative aIIect oI the reduced
number oI trees in the parking lot.

A Convalescent Care Facility/Nursing Home use is a relatively low traIIic generating and limited
noise producing use. These attributes, along with the residential aesthetic design make this a
compatible project Ior the surrounding community. Although a Variance and an Exception are
required Ior this project to be successIul, staII supports the requests due to the unique nature oI
this project and its location and recommends approval, with conditions.

VAR-53671, SUP-53496 & SDR-53497 PR1-53350]
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Staff Report Page Seven

FINDINGS (VAR-53671)

In accordance with the provisions oI Title 19.16.140(B), Planning Commission and City Council,
in considering the merits oI 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, selI-created or Iinancial in nature.

Additionally, Title 19.16.140(L) states:
'Where by reason oI exceptional narrowness, shallowness, or shape oI a speciIic piece oI
property at the time oI enactment oI the regulation, or by reason oI exceptional
topographic conditions or other extraordinary and exceptional situation or condition oI
the piece oI property, the strict application oI any zoning regulation would result in
peculiar and exceptional practical diIIiculties to, or exceptional and undue hardships
upon, the owner oI the property, a variance Irom that strict application may be granted so
as to relieve the diIIiculties or hardship, iI the relieI may be granted without substantial
detriment to the public good, without substantial impairment oI aIIected natural resources
and without substantially impairing the intent and purpose oI any ordinance or
resolution.

Evidence oI a unique or extraordinary circumstance has been presented, in that the applicant has
not created a selI-imposed hardship as the proposed building is only one story and the lot is
constrained due to the increased right-oI-way required at the intersection oI two primary arterial
roads. In view oI this hardship imposed by the site`s physical characteristics, it is concluded
that the applicant`s hardship is not preIerential in nature, and it is thereby within the realm oI
NRS Chapter 278 Ior granting oI Variances.

FINDINGS (SUP-53496)

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

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 Convalescent Care Facility/Nursing Home use can be conducted in a compatible
manner with the adjacent residential areas to the south and west.

2. The subject site is physically suitable for the type and intensity of land use proposed.
VAR-53671, SUP-53496 & SDR-53497 PR1-53350]
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Staff Report Page Eight

The site will contain adequate area to meet the building, access, and parking needs oI the
Convalescent Care Facility/Nursing Home use. A taller, larger residential home could be
built on the site; thereIore, this use is not as intrusive as iI could be with a residential
development.

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

The project is accessed Irom Elkhorn Road, a 100-Ioot Primary Arterial with suIIicient
capacity Ior the traIIic needs oI the proposed use.

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

The proposed Convalescent Care Facility/Nursing Home will be subject to state and local
licensing requirements and inspections and will thereIore not compromise the public
health, saIety or general welIare, or the objectives oI the General Plan.

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

All Title 19.12 conditions Ior a Convalescent Care Facility/Nursing Home use are met.

FINDINGS (SDR-53497)

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

1. The proposed development is compatible with adjacent development and
development in the area;

The development is an appropriate buIIer Ior the residential properties to the south and
west and the primary arterial roads to the north and east. The lush landscaping provided
will Iurther protect the adjacent residential properties Irom the project. The project is
compatible with the residential nature oI 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;
VAR-53671, SUP-53496 & SDR-53497 PR1-53350]
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Staff Report Page Nine

Aside Irom the Variance and Exception, this project meets all code requirements Ior a
Convalescent Care Facility/Nursing Home use. The Variance is required due to the non-
residential nature oI the project. However, iI a residential home was built on the site
instead, it could be 15 Ieet taller and wouldn`t require a Variance. For this reason, staII
supports the request. The applicant is providing additional trees along the entire landscape
buIIer area that more than oIIsets the reduced number oI trees provided in the parking lot
that requires the Exception. StaII supports this request.

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

The project is accessed Irom Elkhorn Road, a 100-Ioot Primary Arterial with suIIicient
capacity Ior the traIIic needs oI the proposed use.

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

The building and landscape materials are commonly Iound in this area oI the City and are
appropriate Ior the area.

5. Building elevations, design characteristics and other architectural and aesthetic
features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;

The building has a low visible impact on the site as it is only a single-story structure. It
has the aesthetic oI a contemporary architectural theme that is aesthetically pleasing
and harmonious with the other residential buildings in the area and will be an
appropriate buIIer between two primary arterial streets and the residential properties to
the south and west.

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

The proposed development is subject to regular City inspections Ior building and
licensing and will thereIore not compromise the public health, saIety, and welIare.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED 33 |VAR-53671|
20 |SUP-53496 & SDR-53497|

NOTICES MAILED 91

VAR-53671, SUP-53496 & SDR-53497 PR1-53350]
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Staff Report Page Ten

APPROVALS 0

PROTESTS 0
03/27/14
PRJ-53350
VAR-53671
CLV Planning - Application Form
Page 1 of 2 4/28/2014 4:52:54 PM
Applicant Email: [email protected]
Applicant Fax: 702-247-7720
Rep Last Name: Hecker
Rep First Name: Victor
Applicant State: Nevada
Applicant Phone: 702-498-1325
Applicant Zip: 89117
Rep Address: 8593 Verde Park Ave
Rep Email: [email protected]
Rep Fax: 702-247-7720
Rep State: Nevada
Rep City: Las Vegas
Rep Phone: 702-498-1325
Rep Zip: 89117
Assessors Parcel #(s): 12523502008
Project Name ELKHORN & JONES MEMORY CARE
Is the Application Information
Correct:
Yes
Ward #: WARD 6 (STEVEN D. ROSS)
Application Number: PRJ-53350
Applicant City: Las Vegas
ProjectAddress (Location): ELKHORN & JONES
Application/Petition For: SUP and SDR
If no, ...change what
Applicant First Name: Victor
Additional Information:
Applicant Address: 8593 Verde Park Ave
Applicant Last Name: Hecker
Zoning District: Proposed: Select
General Plan Designation: Proposed: Select
Lots/Units:
Gross Acres: n/a
VAR-53671, SUP-53496 & SDR-53497
Page 2 of 2 4/28/2014 4:52:54 PM
Is the Owner Information Correct: Yes
I certify that I am the applicant and
that the information submitted with
this application is true and accurate
to the best of my knowledge and
belief. I understand that the City is
not responsible for inaccuracies in
information presented, and that
inaccuracies, false information or
incomplete application may cause
the application to be rejected. I
further certify that I am the owner
or purchaser (or option holder) of
the property involved in this
application, or the lessee or agent
fully authorized by the owner to
make this submission.
I Accept:
Yes
HECKER VICTOR ETAL 8593 VERDE PARK AVE LAS VEGAS, NV 89129-2232
Owner(s) ADDR1 ADDR2
Victor Hecker Hecker Real Estate &
Development
Elkhorn & Jones Memory Care [email protected]
CLVEPLAN Applicant Company Title Email
VAR-53671, SUP-53496 & SDR-53497
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P. K. THISTLE ARCHITECT
7383 Atacama Avenue
Las Vegas, Nevada 89179
PH: 702-435-1814
[email protected]
CITY OF LAS VEGAS PLANNING DEPARTMENT

333 N. Rancho Drive
Las Vegas, Nevada 89106
J U S T I F I C A T I O N L E T T E R
April 15, 2014
PROJECT: ELKHORN & JONES MEMORY CARE FACILITY

(Congregate Care Facility)
A.P.N. 125-23-502-008
The proposed Memory Care Facility is located on the southwest corner of Elkhorn Road and Jones Blvd.
which complies with Title 19 with regards to being located on a collector street. The site is 36,154 s.f. in
area which exceeds the minimum site (size) requirement of 20,000 s.f. The proposed building is one
story in height, which is less than the maximum two stories permitted under Title 19. We are proposing
a total of 24 beds which is in compliance with the 25 bed per acre requirement of Title 19. The proposed
building complies with the setback requirements for RE zoning. The proposed project also complies with
the parking requirements which includes: 1 space per six beds, 3 spaces for medical professionals and
one space per employee (per shift).
SITE DEVELOPMENT PLAN JUSTIFICATION
The proposed project is compatible with the adjacent residential neighborhood and we believe that it
will provide the adjacent neighborhood with a buffer from the traffic noise at this major intersection.
In addition to this, the proposed project will produce less traffic and noise than most other uses that
could be constructed on this site. The project will have only one site access off of Elkhorn Road and
therefor, not impact traffic in the adjacent neighborhoods. The exterior design if this facility is Tuscan,
incorporating stone, stucco and concrete roof tile materials which will complement the adjacent
neighborhood. In addition to this, the building has been designed to incorporate these materials on all
four sides of the building so that side and rear exterior elevations are aesthetically pleasing. The
proposed facility will comply with all local and federal regulations assuring protection of the public
health, safety and general welfare.
SPECIAL USE PERMIT JUSTIFICATION
The proposed Memory Care Facility will be constructed in a manner that is both harmonious and
compatible with the adjacent residential land uses. It first of all will be constructed on a site that is only
0.83 acres in size, which will limit the building size to more of a residential scale. It will also only be one
story in height, which will preserve the privacy of the adjacent properties. The nature of these type of
facilities ensures that any traffic or noise generated by this facility will be minimal. This facility also, will
ted on a site that is on
. It will also only be o
ature of these type o
al. This facility also, w
04/15/14
PRJ-53350
VAR-53671, SUP-53496 & SDR-53497
not increase any impact to existing neighborhood schools. The subject site is physically suitable for the
memory care facility proposed. There is adequate space for parking and secured open courtyard and
outdoor recreation space for the proposed patients. Again, the proposed site is located on two major
collector streets (that being Elkhorn Road and Jones Blvd.) with driveway access from Elkhorn Road.
There is also a bus turn-out lane directly adjacent to the site on Jones Blvd. with access directly off of
Elkhorn Road, there should be no concern for any traffic affecting adjacent neighborhoods. Approval of
this project will in no way compromise the public health, safety and welfare of the neighborhood.
We believe that this project is needed and will be an asset to the community.
VARIENCE JUSTIFICATION
We hereby request a variance to allow a 10 ft. separation where a 60 ft. separation is required to meet
the residential adjacency standards of section 19.08.040 H.
We believe that this variance is appropriate in that the proposed Memory Care facility is used to house
and care for people with memory problems and is therefore both institutional and residential in nature
as opposed to other commercial uses. The proposed project is also in an RE zone and was required to
comply with the setback requirements for the RE zone. The proposed Memory Care facility will also
generate minimal traffic and noise compared to other commercial uses. In addition to this, section
19.08.040 H requires a separation of 3:1 based upon the height of the commercial building. The west
faade of the proposed memory Care building varies in height from 10-6 to 20-0, with the majority of
the faade being the lower height. This would mean that the separation requirement should be between
31-6 to 60-0 based upon the referenced section. We therefore respectfully request this varience.
P. K. Thistle
Architect
04/15/14
PRJ-53350
VAR-53671, SUP-53496 & SDR-53497

Agenda tem No.: 29.


SUB1ECT:
SUP-53496 - SPECIAL USE PERMIT RELATED TO VAR-53671 - PUBLIC HEARING -
APPLICANT/OWNER: VICTOR HECKER, ET AL - For possible action on a request Ior a
Special Use Permit FOR A CONVALESCENT CARE FACILITY/NURSING HOME at the
southwest corner oI Elkhorn Road and Jones Boulevard (APN 125-23-502-008), R-E (Residence
Estates) Zone, Ward 6 (Ross) |PRJ-53350|. StaII recommends APPROVAL.

MAY GO TO CITY COUNCIL ON 7/16/2014


RECOMMENDATION:

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.
03/27/14
PRJ-53350
SUP-53496
03/27/14
PRJ-53350
SUP-53496
05/13/14 PC

Agenda tem No.: 30.


SUB1ECT:
SDR-53497 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-53671 AND SUP-
53496 - PUBLIC HEARING - APPLICANT/ OWNER: VICTOR HECKER, ET AL - For
possible action on a request Ior a Site Development Plan Review FOR A 24-BED
CONVALESCENT CARE FACILITY/NURSING HOME on 0.83 acres at the southwest corner
oI Elkhorn Road and Jones Boulevard (APN 125-23-502-008), R-E (Residence Estates) Zone,
Ward 6 (Ross) |PRJ-53350|. StaII recommends APPROVAL.



RECOMMENDATION:

3. Protest Postcards
paper use, backup
03/27/14
PRJ-53350
SDR-53497
03/27/14
PRJ-53350
SDR-53497
05/13/14 PC
SDR 53497
Victor Heckler, et al
SWC Elkhorn & Jones
Proposed 24 thousand square foot nursing home.
Traffic produced by proposed development:
Proposed Use DESCRIPTION #UNIT
RATE/#
UNIT TOTAL
Average Daily Traffic (ADT)
NURSING HOME [BEDS] 24
2.37 57
AM Peak Hour 0.17 4
PM Peak Hour 0.22 5
Existing traffic on all nearby streets:
Elkhorn Road
Average Daily Traffic (ADT) 5,775
PM Peak Hour (heaviest 60 minutes) 462
Jones Boulevard
Adjacent Street ADT Capacity
Elkhorn Road 16,300
Jones Boulevard 34,500
This project is expected to add about 57 trips per day on Elkhorn Rd. & Jones Blvd. Currently, Elkhorn is at about 35
percent of capacity and Jones is at about 26 percent of capacity. With this project, Elkhorn is expected to be at about
36 percent of capacity and Jones to remain at about 26 percent of capacity.

Based on Peak Hour use, this project will add about 5 trips in the peak hour, or about one every twelve minutes.
Note that this report assumes all traffic from this development uses all named streets.

Agenda tem No.: 31.


SUB1ECT:
VAR-53840 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: RICHMOND
AMERICAN HOMES - For possible action on a request Ior a Variance TO ALLOW A TEN-
FOOT CORNER SIDE SETBACK WHERE 15 FEET IS THE MINIMUM SETBACK
REQUIRED ON PROPOSED LOT 14 on a portion oI 8.70 acres at the northwest corner oI Iron
Mountain Road and Bradley Road (APN 125-01-402-009 through 016), R-1 (Single Family
Residential) Zone, Ward 6 (Ross) |PRJ-53698|. StaII recommends DENIAL.



RECOMMENDATION:
StaII recommends DENIAL, iI approved, subject to conditions:

1. Location and Aerial Maps - VAR-53840, VAR-53841, VAR-53842, VAR-53844, VAR-
53845, VAR-53846, VAR-53848 and VAR-53850 |PRJ-53698|
2. Conditions and StaII Report - VAR-53840, VAR-53841, VAR-53842, VAR-53844, VAR-
53845, VAR-53846, VAR-53848 and VAR-53850 |PRJ-53698|
4. Photos - VAR-53840, VAR-53841, VAR-53842, VAR-53844, VAR-53845, VAR-53846,
VAR-53848 and VAR-53850 |PRJ-53698|
5. JustiIication Letter - VAR-53840, VAR-53841, VAR-53842, VAR-53844, VAR-53845,
VAR-53846, VAR-53848 and VAR-53850 |PRJ-53698|

VAR-53840, VAR-53841, VAR-53842, VAR-53844, VAR-53845, VAR-53846, VAR-53848
and VAR-53850 PR1-53698]
YK


ITEM DESCRIPTION: APPLICANT/OWNER: RICHMOND AMERICAN HOMES


CASE
AUMBER
RECOMMEADA1IOA
REQUIRED FOR
APPROJAL
VAR-53840 StaII recommends DENIAL, iI approved subject to
conditions:

conditions:

conditions:

conditions:

conditions:

conditions:

conditions:

conditions:

`` CONDITIONS ``

VAk-53840 CONDIIIONS

Planning

1. ConIormance to the approved conditions Ior Tentative Map (TMP-52127).

and VAR-53850 PR1-53698]
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Conditions Page Two

SaIety.




Planning



SaIety.




Planning


and VAR-53850 PR1-53698]
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SaIety.




Planning



SaIety.




Planning


and VAR-53850 PR1-53698]
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SaIety.



VAk-5384 CONDIIIONS

Planning



SaIety.




Planning


and VAR-53850 PR1-53698]
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Conditions Page Five

SaIety.




Planning



SaIety.



and VAR-53850 PR1-53698]
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`` STAFF REPORT ``

PRO1ECT DESCRIPTION

The applicant is requesting a Variance Ior each oI the eight corner lots to allow a 10-Ioot corner
side setback where 15 Ieet is the code requirement Ior R-1 (Single Family Residential) zoned
parcels. The applicant recently planned this 40-lot subdivision and had the ability at that time to
design the lots to meet code requirements. As this is a selI-imposed hardship, staII recommends
denial oI all eight Variance requests. II denied, all proposed structures will have to meet current
setback standards or no building permits will be issued.

ISSUES

A Variance is required Ior each oI the eight corner lots oI this recently approved 40-lot
residential subdivision. StaII does not support the request.

05/06/64
The City Council approved Annexation (A-0003-64) oI 5,000 acres located
north oI Lone Mountain Road and west oI Decatur Boulevard. The Planning
Commission and staII recommended approval.
The City Council approved a General Plan Amendment (GPA-52122) Irom
DR (Desert Rural Density Residential) to L (Low Density Residential) on
8.70 acres at the northwest corner oI Iron Mountain Road and Bradley Road.
The Planning Commission and staII recommended approval.
The City Council approved a Rezoning (ZON-52123) Irom R-E (Residence
Estates) to R-1 (Single Family Residential) on 8.70 acres at the northwest
corner oI Iron Mountain Road and Bradley Road. The Planning Commission
and staII recommended approval.
The City Council approved a Petition to Vacate (VAC-52125) a 10-Ioot wide
roadway easement oI the west side oI Bradley Road, as well as all oI
Honeycreek Avenue at the northwest corner oI Iron Mountain Road and
Bradley Road. The Planning Commission recommended approval and staII
recommended denial.
03/19/14
The City Council approved a Waiver (WVR-52171) to allow two
intersections to be oIIset 150 Ieet where the minimum oIIset allowed is 220
Ieet on 8.70 acres at the northwest corner oI Iron Mountain Road and Bradley
Road. The Planning Commission recommended approval and staII
recommended denial.
and VAR-53850 PR1-53698]
YK


The City Council approved a Tentative Map (TMP-52127) Ior a proposed 40-
lot single Iamily residential subdivision on 8.70 acres at the northwest corner
oI Iron Mountain Road and Bradley Road. The Planning Commission
recommended approval and staII recommended denial.

09/27/13
10/10/13
10/11/13
Deeds were recorded Ior a change in ownership oI the subject parcels.

No related permits or licenses have been issued Ior this project.

04/15/14
StaII met with the applicant and reviewed the requirements Ior a Setback
Variance required Ior eight lots oI an approved residential subdivision Ior the
developers` product. Each lot would require a separate application.

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

Field Check
05/01/14
StaII visited the site and Iound an undeveloped site that was being graded Ior
a planned residential subdivision.

Site Area
Net Acres 8.70

Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Subject Property Undeveloped
L (Low Density
Residential)
R-1 (Single Family
Residential)
and VAR-53850 PR1-53698]
YK

Surrounding
Property
Existing Land Use
Per Title 19.12
Planned or Special Land
Use Designation
orth Undeveloped
L (Low Density
Residential)
R-PD4 (Planned
Development 4 Units
per Acre)
South
Single Family,
Detached
L (Low Density
Residential)
R-PD4 (Planned
Development 4 Units
per Acre)
East Undeveloped PF (Public Facilities) C-V (Civic)
West Undeveloped
L (Low Density
Residential)
R-1 (Single Family
Residential)

Trails N/A


Pursuant to 1itle 19..7, the following standards apply:
Min. Setbacks
Front
Side
Corner
Rear
20 Feet
5 Feet
15 Feet
15 Feet
20 Feet
5 Feet
10 Feet
15 Feet
Y
Y
N
Y
Max. Lot Coverage 50 50 Y

and VAR-53850 PR1-53698]
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ANALYSIS

The applicant is proposing a housing product that does not Iit on the corner lots oI a recently
approved Tentative Map Ior a 40-lot single Iamily residential subdivision. This request clearly
reIlects the proposed over-development oI eight lots. The developer had ample opportunity to
design a subdivision that would allow their proposed products to Iit on all the lots. There is a
viable option to meet code requirements, since the site is not developed and could be redesigned
to meet all code requirements and/or a redesigned product could be oIIered Ior these speciIic
lots. There currently is no hardship and any Iuture hardship would be selI-imposed. As a result,
and in line with NRS minimum requirements Ior supporting a Variance request, staII
recommends denial oI all eight applications.




resolution.

No evidence oI a unique or extraordinary circumstance has been presented, in that the applicant
has created a selI-imposed hardship by proposing a product that does not Iit on the existing lot.
Alternative is to modiIy the proposed product to Iit on the existing lot that would allow
conIormance to the Title 19 requirements. In view oI the absence oI any hardships imposed by
the site`s physical characteristics, it is concluded that the applicant`s hardship is preIerential in
nature, and it is thereby outside the realm oI NRS Chapter 278 Ior granting oI Variances.

and VAR-53850 PR1-53698]
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resolution.




and VAR-53850 PR1-53698]
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resolution.





resolution.
and VAR-53850 PR1-53698]
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resolution.



and VAR-53850 PR1-53698]
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resolution.





and VAR-53850 PR1-53698]
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resolution.





resolution.


and VAR-53850 PR1-53698]
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NEIGHBORHOOD ASSOCIATIONS NOTIFIED 8

NOTICES MAILED 309

APPROVALS 0

PROTESTS 0
04/23/14
PRJ-53698
VAR-53840
04/23/14
PRJ-53698
VAR-53840
06/10/14 PC
04/23/14
PRJ-53698
VAR-53840
V
A
P
-
4
0

V
A
P
-
4
1

V
A
P
-
4
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V
A
P
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-

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5740 S. Arville Street #216, Las Vegas, NV 89118 ph (702) 284-5300 fax (702) 284-5399
Page 1 of 1

RAH1322
April 23, 2014
Greg Kapovich
City of Las Vegas
Planning and Development
333 S. Rancho Drive
Las Vegas, NV 89101
RE: Justification Letter for Variances for Granite Falls 2 South (PRJ-53698)
Slater Hanifan Group, on behalf of the applicant, Richmond American Homes, respectfully submits
this justification letter in support of a Variance (VAR) for the subject project.
The subject project has been approved for a 40 lot single family residential subdivision with R-1
zoning. The approved entitlement applications are GPA-52122, ZON-52123, TMP-52127, VAC-
52125, and WVR-52171.
The subject site is located at the northwest corner of Iron Mountain Road and Bradley Road. The
Assessors Parcel Numbers are 125-01-402-009 thru 016. The parcels are approximately 9.18 gross
acres combined.
The purpose of the Variance request is to allow 10-foot corner side setbacks instead of 15-foot
corner side setbacks as per the UDC for R-1 developments. This request is for Lots 10, 14, 24, 28,
29, 33, 36, and 40.
The requested corner side setback reductions are for internal roadways only. The reduced setback
would position the house 15 feet away from the back of curb. There would be a 5-ft sidewalk, a 5-ft
landscape strip, a split face decorative masonry wall and a typical 5-ft side yard behind the wall.
Aesthetically, the proposed reduced corner setback would look evenly spaced as compared to the
typical non-corner lots. Additionally, the reduced setback would have no impact on Fire Code since
they are not adjacent to another structure.
We feel that the requested reduction in the corner side setback will have neither adverse impact to
public safety, nor any significant impact on the aesthetics of the community or surrounding
properties.
Thank you for considering this variance request. Please contact me at (702) 284-5300 if you have
any questions regarding this application.
Sincerely,
Slater Hanifan Group, Inc.
Todd Steadham, P.E.

Associate
Cc: Brian Walsh, Richmond American Homes

Bob Gronauer, KC Law
Angela Pinley, Slater Hanifan Group
Chelsea Peltier, Slater Hanifan Group
fax (702) 284-5399
04/23/14
PRJ-53698
VAR-53840, VAR-53841, VAR-53842, VAR-53844,
VAR-53845, VAR-53846, VAR-53848 & VAR-53850

Agenda tem No.: 32.


SUB1ECT:



RECOMMENDATION:

1. Consolidated Back up
paper use, backup
04/23/14
PRJ-53698
VAR-53841
04/23/14
PRJ-53698
VAR-53841
06/10/14 PC
04/23/14
PRJ-53698
VAR-53841

Agenda tem No.: 33.


SUB1ECT:



RECOMMENDATION:

paper use, backup
04/23/14
PRJ-53698
VAR-53842
04/23/14
PRJ-53698
VAR-53842
06/10/14 PC
04/23/14
PRJ-53698
VAR-53842

Agenda tem No.: 34.


SUB1ECT:



RECOMMENDATION:

paper use, backup
04/23/14
PRJ-53698
VAR-53844
04/23/14
PRJ-53698
VAR-53844
06/10/14 PC
04/23/14
PRJ-53698
VAR-53844

Agenda tem No.: 35.


SUB1ECT:



RECOMMENDATION:

paper use, backup
04/23/14
PRJ-53698
VAR-53845
04/23/14
PRJ-53698
VAR-53845
06/10/14 PC
04/23/14
PRJ-53698
VAR-53845

Agenda tem No.: 36.


SUB1ECT:



RECOMMENDATION:

paper use, backup
04/23/14
PRJ-53698
VAR-53846
04/23/14
PRJ-53698
VAR-53846
06/10/14 PC
04/23/14
PRJ-53698
VAR-53846

Agenda tem No.: 37.


SUB1ECT:



RECOMMENDATION:

paper use, backup
04/23/14
PRJ-53698
VAR-53848
04/23/14
PRJ-53698
VAR-53848
06/10/14 PC
04/23/14
PRJ-53698
VAR-53848

Agenda tem No.: 38.


SUB1ECT:



RECOMMENDATION:

paper use, backup
04/23/14
PRJ-53698
VAR-53850
04/23/14
PRJ-53698
VAR-53850
06/10/14 PC
04/23/14
PRJ-53698
VAR-53850

Agenda tem No.: 39.


SUB1ECT:
VAR-53860 - VARIANCE - PUBLIC HEARING - APPLICANT: TAMMY CROSS - OWNER:
SANDCASTLE ENTERPRISES, TENAYA SERIES - For possible action on a request Ior a
Variance TO ALLOW 13 PARKING SPACES WHERE 19 PARKING SPACES ARE
REQUIRED at 124 North Tenaya Way (APN 138-27-801-001), C-1 (Limited Commercial)
Zone, Ward 1 (Tarkanian) |PRJ-53820|. StaII recommends DENIAL.



RECOMMENDATION:

1. Location and Aerial Maps - VAR-53860 and SUP-53858 |PRJ-53820|
2. Conditions and StaII Report - VAR-53860 and SUP-53858 |PRJ-53820|
3. Supporting Documentation - VAR-53860 and SUP-53858 |PRJ-53820|
4. Photos - VAR-53860 and SUP-53858 |PRJ-53820|
5. JustiIication Letter - VAR-53860 and SUP-53858 |PRJ-53820|
6. Support Postcard - VAR-53860 and SUP-53858 |PRJ-53820|

VAR-53860 and SUP-53858 PR1-53820]
GK


ITEM DESCRIPTION: APPLICANT: TAMMY CROSS - OWNER: SANDCASTLE
ENTERPRISES, TENAYA SERIES


CASE
AUMBER
RECOMMEADA1IOA
REQUIRED FOR
APPROJAL
conditions:

SUP-53858 StaII recommends DENIAL, iI approved subject to
conditions:
VAR-53860

`` CONDITIONS ``

VAk-5380 CONDIIIONS

Planning

53858) shall be required, iI approved. Totaling


SaIety.

Ior building permit, as well as submitted as part oI any business license application.


VAR-53860 and SUP-53858 PR1-53820]
GK

Conditions Page Two

SbF-53858 CONDIIIONS

Planning

1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Private School,
Primary use.

2. Approval oI and conIormance to the Conditions oI Approval Ior Variance (VAR-53860)
shall be required.



SaIety.


Public Works

7. The number oI students Ior this site is limited to a maximum oI 102 students. Alternatively,
A TraIIic Impact Analysis must be submitted to and approved by the Department oI Public
Works prior to the issuance oI any building or grading permits, submittal oI any
construction drawings or the recordation oI a Map subdividing this site, whichever may
occur Iirst to determine the appropriate number oI maximum students allowed. Comply
with the recommendations oI the approved TraIIic Impact Analysis prior to occupancy oI
the site. The TraIIic Impact Analysis shall also include a section addressing Standard
Drawings #234.1 #234.2 and #234.3 to determine additional right-oI-way requirements Ior
bus turnouts adjacent to this site, iI any; dedicate all areas recommended by the approved
TraIIic Impact Analysis. All additional rights oI way required by Standard Drawing #201.1
Ior exclusive right turn lanes and dual leIt turn lanes shall be dedicated prior to or concurrent
with the commencement oI on site development activities unless speciIically noted as not
required in the approved TraIIic Impact Analysis. Phased compliance will be allowed iI
recommended by the approved TraIIic Impact Analysis. No recommendation oI the
approved TraIIic Impact Analysis, nor compliance therewith, shall be deemed to modiIy or
eliminate any condition oI approval imposed by the Planning Commission or the City
Council on the development oI this site.

VAR-53860 and SUP-53858 PR1-53820]
GK

`` STAFF REPORT ``

PRO1ECT DESCRIPTION

This is a request Ior a Special Use Permit Ior a Private School, Primary use to be located within
an existing 7,326 square-Ioot building at 124 North Tenaya Way. Currently, the existing building
is utilized as an Individual Care Center licensed Ior 102 children and would remain in operation
concurrently with the proposed school. The subject site is located within the C-1 (Limited
Commercial) zoning district. The existing Individual Care Center is a permissible use in the C-1
(Limited Commercial) zoning district, while the proposed Private School, Primary use must
obtain a Special Use Permit. The proposed use adheres to all requirements as outlined by Title
19.12 with the exception oI required parking. The applicant is requesting a Variance (VAR-
53860) to allow 13 parking spaces where 19 spaces are the minimum number oI spaces required.
As a result oI the parking deIiciency, staII is recommending denial. II denied, the Individual Care
Center could remain in operation, however, the proposed Private School, Primary use could not
operate at the subject site.

ISSUES

The Public or Private School, Primary use is permitted in the C-1 (Limited Commercial)
zoning district with the approval oI a Special Use Permit.
The addition oI a Private School, Primary use would create a site with insuIIicient
parking. The applicant is requesting a Variance (VAR-53860) to allow 13 parking spaces
where 19 spaces are the minimum required.


11/02/83
The City Council approved a Petition to Annex (A-0010-83) property
generally located west oI Lorenzi Boulevard between WestcliII Drive and
Washington Avenue, containing approximately 922 acres oI land. The land
was annexed to the city on 12/30/83.
06/01/88
The City Council approved a Rezoning (Z-0041-88) Irom N-U (Non-Urban)
to C-1 (Limited Commercial) at 124 North Tenaya Way. The Planning
c. 1989
The existing 7,326 square-Ioot commercial building was constructed at 124
North Tenaya Way.
VAR-53860 and SUP-53858 PR1-53820]
GK



01/24/12
A business license (I50-00498) was issued Ior a general personal service use
at 124 North Tenaya Way. The license was marked out oI business on
05/23/12.

A State business license (#1333) was issued Ior 102 children ranging in age
Irom six weeks to twelve years. The license remains active.
02/27/14
A Business License EnIorcement citation (#138326) was processed Ior a
Private School without a business license. The issue remains unresolved.
04/22/14
A Code EnIorcement citation (#140355) was processed Ior a noise complaint
related to the digging oI a trench at 124 North Tenaya Way. The case was
resolved on 04/26/14.

04/22/14
StaII met with the representative to discuss the addition oI a Private School,
Primary use to an existing Individual Care Center at 124 N. Tenaya Way.
StaII determined that a Special Use Permit would be required Ior the Private
School, Primary use and a Variance would be required Ior parking. The
submittal requirements Ior each application were discussed.

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

Field Check
05/01/14
StaII conducted a routine Iield check oI the subject site and noted a well
maintained Individual Care Center. In addition, staII conIirmed 13 existing
parking spaces on-site.

Site Area
Gross Acres 0.74
VAR-53860 and SUP-53858 PR1-53820]
GK


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Subject Property
Individual Care
Center
SC (Service
Commercial)
C-1 (Limited
Commercial)
North
Multi-Family
Residential
M (Medium Density
Residential)
R-PD16 (Residential
Planned Development
16 Units per Acre)
South General Retail
SC (Service
Commercial)
U (Undeveloped)
East
Single Family
Residence
ML (Medium Low
R-CL (Single Family
Compact-Lot)
West
Single Family
Residence
ML (Medium Low
R-CL (Single Family
Compact-Lot)

A-O (Airport Overlay) District 200 Feet Y
Trails N/A


Street Aame
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Tenaya Way Major Collector
Master Plan oI Streets
and Highways
80 Y
VAR-53860 and SUP-53858 PR1-53820]
GK


Parking Requirement
Parking Parking
Use
Cross Floor
Area or
Aumber of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Individual
Care Center
102 children

2 StaII
members
1 space
Ior each
staII
member
plus one
space Ior
each 10
children
13
Private
School,
Primary
2 classrooms
3 spaces
per
classroom
6


13

N
Regular and Handicap Spaces Required 19 12 1 N
Percent Deviation 32

ANALYSIS

The applicant is proposing to add a Private School, Primary use to an existing Individual Care
Center at 124 North Tenaya Way. The applicant`s proposal to introduce a Private School,
Primary use is in context with the existing child care use and remains compatible with the
surrounding area. The Private School, Primary use is deIined as 'An institution that provides
kindergarten through 8
th
grade education and is supported by a public, religious, or private
organization. The proposed use meets the deIinition, as the applicant has indicated in the
submitted justiIication letter that it will be providing education Ior pre-kindergarten through 1st
grade. The preschool portion oI the program will operate under the Individual Care Center use,
which is a permitted use in the C-1 (Limited Commercial) zoning district. The Individual Care
Center would utilize Iive classrooms, while the proposed Private School Primary use would
utilize the remaining two classrooms.


1. Adequate pick-up and drop-oII areas must be provided on-site.
VAR-53860 and SUP-53858 PR1-53820]
GK


The proposed use adheres to this requirement as the applicant has submitted an onsite traIIic
Ilow plan Ior morning drop-oII and aIternoon pick-up times. The plan, date stamped 04/23/14,
indicates a pick-up/drop-oII area on the west side oI the building. The proposal would not require
students to cross any streets or ingress/egress areas in order to be picked-up or dropped oII Ior
school.

The proposed use adheres to all requirements as outlined by Title 19.12 with the exception oI
required parking. According to the applicant`s justiIication letter, the combination oI the two
uses will serve 142 total children at the subject site. The Individual Care Center would continue
to serve 102 pre-kindergarten children and employ two staII members. According to Title 19.12,
a total oI 13 parking spaces are required Ior the existing Individual Care Center. Currently, the
subject site is in compliance with parking standards and provides 13 parking spaces.

The proposed Private School, Primary use would educate an additional 40 children and utilize
two classrooms. According to Title 19.12, the proposed school use would require an additional
six parking spaces, Ior a total oI 19 required parking spaces Ior the subject site. The applicant is
not proposing to add any new parking spaces. The addition oI the proposed school would create
a site with insuIIicient parking and result in a 32 deviation Irom standard. The request is a selI-
created hardship, thereIore, staII recommends denial.




resolution.
VAR-53860 and SUP-53858 PR1-53820]
GK


has created a selI-imposed hardship by adding an additional use, which requires additional
parking. An alternative would be to stop operating as a school use and continue operating as an
Individual Care Center, thereby allowing conIormance to the Title 19 parking requirements. In
view oI the absence oI any hardships imposed by the site`s physical characteristics, it is
concluded that the applicant`s hardship is preIerential in nature, and it is thereby outside the
realm oI NRS Chapter 278 Ior granting oI Variances.




The subject site has operated as an Individual Care Center Ior the past decade. The
applicant`s proposal Ior a Private School, Primary use is compatible with the building type
and site.


There are suIIicient play areas and building Iacilities to accommodate the students and
staII. The Iacility is an active Individual Care Center and the applicant is not proposing any
alterations to the buildings or site. However, the addition oI a Private School, Primary use
results in a shortage oI required parking and illustrates a physically unsuitable site Ior both
uses.


The subject site is accessed Irom Tenaya Way, an 80-Ioot wide Major Collector, as
deemed by the Master Plan oI Streets and Highways. A pick-up and drop-oII area is shown
on the west end oI the site and is incorporated into the interior site circulation, so as to not
cause any vehicle conIlict points.

General Plan.
VAR-53860 and SUP-53858 PR1-53820]
GK


The proposed Private School, Primary use will be subject to inspections Ior CertiIicate oI
Occupancy, and thereIore the development will not compromise the public health, saIety,
or general welIare.


The proposed Private School, Primary use meets all applicable requirements Ior a Special
Use Permit Ior this type oI activity within the C-1 (Limited Commercial) zoning district
with the exception oI required parking. The subject site is insuIIicient in size to
simultaneously operate an Individual Care Center use and Private School, Primary use
while adhering to all Title 19 requirements.


NOTICES MAILED 813

APPROVALS 1

PROTESTS 0
04/23/14
PRJ-53820
VAR-53860
Page 1 of 2 4/28/2014 4:56:17 PM
Applicant Fax:
Rep Last Name: Taylor
Rep First Name: Nathaniel
Applicant State: Nevada
Applicant Phone:
Rep Address: P.O. Box 750521
Rep Fax:
Rep State: Nevada
Rep City: Las Vegas
Rep Phone: 702-280-6175
Rep Zip: 89136
Project Name SUP PRIVATE SCHOOL PRIMARY USE
Correct:
Yes
Ward #: WARD 1 (LOIS TARKANIAN), WARD 2 (BOB BEERS)
ProjectAddress (Location): 124 NORTH TENAYA WAY
Application/Petition For: SUP for a Private School, Primary use and parking variance
Applicant First Name: Tammy
Applicant Address: 124 N. Tenaya
Applicant Last Name: Cross
Lots/Units: 2
Gross Acres: 0.8
VAR-53860 & SUP-53858
Page 2 of 2 4/28/2014 4:56:17 PM
I Accept:
Yes
SANDCASTLE ENTPRS SERIES
TENAYA
5025 BOND ST LAS VEGAS, NV 89118-1576
Nathaniel Taylor Taylor Consulting Group, LLC President [email protected]
m
VAR-53860 & SUP-53858
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P.O. Box 750521 Las Vegas, NV 89136 Phone 702.280.6175
www.thetaylorconsultinggroup.com
TAYLOR CONSULTING GROUP, LLC
Government Affairs & Land Use Consultants
Liquor & Gaming Licensing
April 23, 2014
City of Las Vegas

Department of Planning
300 N. Rancho Drive
Las Vegas, NV 89106
Re: Special-Use Permit--Crossroads Christian Academy
The applicant is requesting a special-use permit to allow for a private school with a
primary use--to be located at 124 N. Tenaya Way, LV, NV 89145. In addition, we are
respectfully asking for a parking variance to allow 12 spaces where 21 are required.
This location has operated as a daycare and/or school since 1988. In order to offer
additional learning opportunities to parents and children, Crossroad Christian Academy
is looking to expand into the primary education use. Currently we serve 77 children
ranging from pre-k to first-grade. Our intention is to not expand beyond our current
licensing that allows for up to 102 children. Keeping in mind that we will also adhere to
all building and fire codes.
Our facility has 7 classrooms, and at this time the maximum number of students we have
in one room is 20. Our hours of operation are from 6:30 am - 6:00 pm Monday - Friday.
We have instituted a one-way drop off system through our parking lot--occurring
between 8:00 am - 8:30 am, 12:00 pm - 12:30 pm, and finally at 3:00 pm - 3:30 pm.
This has worked very well for us, and keeps traffic flowing smoothly while also creating a
safe environment.
It is our position that in no way does our project compromise the public health, safety,
and welfare of the objectives of the General Plan. The similar use of a daycare was
established over 25 years ago.
In keeping with the goals of Title 19, our project meets/supports the Cities regulations as
it pertains to development compatibility. We respectfully request that City Staff and
Planning Commission approve our request for this special-use permit and parking
variance.
Sincerely,
Nathaniel Taylor
President
Taylor Consulting Group, LLC
666666666666666611111117777777777555555555555555555555
04/23/14
PRJ-53820
VAR-53860 & SUP-53858
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TAYLOR CONSULTING GROUP, LLC
Government Affairs & Land Use Consultants
Liquor & Gaming Licensing
P.O. Box 750521 Las Vegas, NV 89136 Phone 702.280.6175
www.thetaylorconsultinggroup.com

May 13, 2014
City of Las Vegas
300 N. Rancho Drive
Las Vegas, NV 89106
Re: Special-Use PermitCrossroads Christian Academy
The applicant has provided the following information related to the number of classrooms and
parking facilities.
Our school has a total of 7 classrooms, and of the 7 (5) of them are licensed for pre-school.
One classroom is being used for kindergarten currently and planned the same for the 2014-2015
school year.
One classroom is currently slated to be used for first-grade beginning the 2014-2015 school year.
We currently have one teacher at our school, but plan to hire a second for the 2014-2015 school
year. If enrollment increases, we would have 40 students between two classrooms.
We currently have 14 students at our school, but plan to boost enrollment for the 2014-2015
school year.
We have 15 parking spaces including a handicap space at our facility. Currently, our staff utilizes
parking spaces along Tenya Waythe number of spaces on the street are 35.
Sincerely,
Nathaniel Taylor
President
Taylor Consulting Group, LLC
..6175
05/14/14
PRJ-53820
VAR-53860 & SUP-53858 - REVISED

Agenda tem No.: 40.


SUB1ECT:
APPLICANT: TAMMY CROSS - OWNER: SANDCASTLE ENTERPRISES, TENAYA
SERIES - For possible action on a request Ior a Special Use Permit FOR A PRIVATE
SCHOOL, PRIMARY USE at 124 North Tenaya Way (APN 138-27-801-001), C-1 (Limited
Commercial), Zone, Ward 1 (Tarkanian) |PRJ-53820|. StaII recommends DENIAL.



RECOMMENDATION:
StaII recommends DENIAL, iI approved subject to conditions:

paper use, backup
04/23/14
PRJ-53820
SUP-53858
SUP 53858
Tammy Cross
124 N Tenaya Way
Proposed 102 student private school.
Previous Use DESCRIPTION #UNIT
RATE/#
UNIT TOTAL
DAY CARE CENTER [1000 SF] 7.326
79.26 581
AM Peak Hour 12.26 90
PM Peak Hour 12.46 91
RATE/#
UNIT TOTAL
PRIVATE SCHOOL, K-8 [STUDENTS] 102
2.48 253
Net Change DESCRIPTION #UNIT
RATE/#
UNIT TOTAL
0.00 -328
AM Peak Hour 0.90 2
PM Peak Hour 0.60 -30
Tenaya Way
Westcliff Drive
Tenaya Way 16,400
Westcliff Drive 34,500
This project is expected to reduce traffic by about 328 trips per day on Tenaya Way & Westcliff Dr. Currently, Tenaya is
at about 43 percent of capacity and Westcliff is at about 20 percent of capacity. With this project, Tenaya is expected to
be at about 41 percent of capacity and Westcliff to be at about 19 percent of capacity.
Based on Peak Hour use, this project will add about 2 trips in the peak hour, or about one every thirty minutes.

Agenda tem No.: 41.


SUB1ECT:
VAR-53865 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: WILLIAM B.
ENSIGN LIVING TRUST - For possible action on a Variance TO ALLOW A TWO-FOOT
SIDE YARD SETBACK WHERE 10 FEET IS REQUIRED FOR AN EXISTING 2,808
SQUARE-FOOT ACCESSORY STRUCTURE (CLASS II) |PIGEON COOP| on 1.35 acres at
6500 West Ann Road (APN 125-26-403-016) R-E (Residence Estates) Zone, Ward 6 (Ross)
|PRJ-53540|. StaII recommends DENIAL.



RECOMMENDATION:

1. Location and Aerial Maps - VAR-53865 and SUP-53867 |PRJ-53540|
2. Conditions and StaII Report - VAR-53865 and SUP-53867 |PRJ-53540|
3. Supporting Documentation - VAR-53865 and SUP-53867 |PRJ-53540|
4. Photos - VAR-53865 and SUP-53867 |PRJ-53540|
5. JustiIication Letter - VAR-53865 and SUP-53867 |PRJ-53540|
6. Comments Irom Clark County Department oI Aviation - VAR-53865 and SUP-53867 |PRJ-
53540|
7. Protest Postcard - VAR-53865 and SUP-53867 |PRJ-53540|

VAR-53865 and SUP-53867 PR1-53540]
MR


ITEM DESCRIPTION: APPLICANT/OWNER: WILLIAM B. ENSIGN LIVING TRUST


CASE
AUMBER
RECOMMEADA1IOA
REQUIRED FOR
APPROJAL
conditions:

N/A
conditions:
VAR-53865

`` CONDITIONS ``

VAk-5385 CONDIIIONS

Planning

53867) shall be required, iI approved.


SaIety.


VAR-53865 and SUP-53867 PR1-53540]
MR

Conditions Page Two

Public Works

6. Prior to construction, obtain approval Irom the Southern Nevada Health District to ensure
there is no conIlict with the existing Individual Sewage Disposal System (Septic Tank).

SbF-5387 CONDIIIONS

Planning

shall be required.


SaIety.

Ior building permit, as well as submitted as part oI any business license

VAR-53865 and SUP-53867 PR1-53540]
MR

`` STAFF REPORT ``

PRO1ECT DESCRIPTION

The applicant is requesting a Special Use Permit Ior an Animal Keeping & Husbandry use to
allow an additional 200 racing pigeons, Ior a total oI 240 pigeons, at 6500 West Ann Road. The
site is located in a R-E (Residence Estates) zoning district and is within a Rural Preservation
Overlay District. An Accessory Structure (Class II) |Pigeon Coop| side yard setback Variance
accompanies this application to allow the existing structure to remain two Ieet Irom a property
line where ten Ieet is required. The applicant has created a selI-imposed hardship by constructing
a structure without permits that Iails to meet code; thereIore, staII recommends denial oI both
applications. II these applications are denied, then no additional pigeons will be allowed on site
unless all code requirements Ior the Animal Keeping & Husbandry use are met and the existing
structure is removed, moved or restructured in a way that complies with all code requirements.

ISSUES

A Variance is required to allow a two-Ioot side yard setback Ior an Accessory Structure
(Class II) |Pigeon Coop| where 10 Ieet is the minimum required.
A Special Use Permit is required to allow an Animal Keeping & Husbandry use because all
oI the Conditional Use Regulations have not been met.


05/14/64
The City Council approved an Annexation (A-0003-64) request with the
eIIective date oI 05/20/64.
07/01/09
The City Council denied a Special Use Permit (SUP-33552) request Ior the
Keeping oI 300 Carrier or Racing Pigeons at 6500 West Ann Road. The
Planning Commission recommended approval.
10/02/13
A complaint (#134086) was Iiled with Code EnIorcement Ior construction
without permits. The complaint has not be resolved.

VAR-53865 and SUP-53867 PR1-53540]
MR


1973 The principal dwelling was constructed at 6500 West Ann Road.
1977 The detached garage was constructed at 6500 West Ann Road.
04/20/88
A building permit (#009333) was issued Ior a horse barn at 6500 West Ann
Road.
01/13/09
A building permit (#131487) Ior a bird aviary was applied Ior; however, no
permit was issued.
01/20/09
A building permit (#131897) was issued Ior a 17-Ioot by 80-Ioot bird
loIt/shed at 6500 West Ann Road. The permit received Iinal approval on
03/27/09.
05/29/13
A building permit (#236972) was issued Ior a block wall. The permit was
Iinalized on 06/26/13.

04/01/12
A pre-application meeting was held with the applicant and the points below
were discussed:

1. The Special Use Permit submittal requirements Ior an Animal
Keeping & Husbandry use.
2. The submittal requirements Ior an Accessory Structure (Class II)
setback Variance.


Field Check
05/08/14
A Iield check conducted on the subject property revealed the Accessory
Structure (Class II) |Pigeon Coop| was located along the west property line
behind the main dwelling.

Site Area
Net Acres 1.35

VAR-53865 and SUP-53867 PR1-53540]
MR


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Subject Property
Single Family,
Detached
DR (Desert Rural
North
Single Family,
Detached
DR (Desert Rural
R-PD2 (Residential
Planned Development - 2
Units per Acre)
South
Single Family,
Detached
DR (Desert Rural
East
Single Family,
Detached
DR (Desert Rural
West
Single Family,
Detached
DR (Desert Rural

Northwest Open Space Plan Y
Rural Preservation Overlay District Y
Trails N/A
Project oI Regional SigniIicance Y


Pursuant to 19.., the following standards apply:
Min. Setbacks (Accessory Structures)
Side
Rear
10 Feet
10 Feet
2 Feet
254 Feet
N
Y
Min. Distance Between Buildings 6 Feet 64 Feet Y
Max. Lot Coverage oI side and rear areas 50 12 Y
Max. Building Height (Accessory Structure) 14.5 Feet 10 Feet Y
Minimum residential dwelling distance on
adjacent lots Irom aviary 50 Ieet

97 Ieet

Y
VAR-53865 and SUP-53867 PR1-53540]
MR


ANALYSIS

A Variance is required to allow an existing 2,808 square-Ioot Accessory Structure (Class II)
|Pigeon Coop| to be located two Ieet Irom the side property line where 10 Ieet is required at
6500 West Ann Road. Due to the location oI the pigeon coop a Special Use Permit Ior the
keeping oI 180 racing pigeons is also needed. The additional 20 pigeons will be housed in the
existing aviary. The property is located in R-E (Residence Estates) zoning district.

A prior Special Use Permit (SUP-33552) Ior the keeping oI 300 carrier or racing pigeons was
denied by the City Council. Shorty thereaIter, a building permit was approved Ior an aviary to
house 40 carrier pigeons was approved Ior this site. Since construction oI the Iirst aviary, the
property was sold and the new owner started construction on a second aviary |Accessory
Structure (Class II)| two Ieet Irom the side property line. The new aviary houses up to an
additional 180 racing pigeons. II the Special Use Permit is approved, the remaining 20 additional
pigeons would be housed in the existing aviary on the east side oI the property. The location oI
the illegally constructed pigeon coop does not conIorm to Title 19 setback standards Ior an
Accessory Structure (Class II).

Animal Keeping & Husbandry is deIined as: 'The raising, keeping and breeding oI domestic or
nondomestic animals. The use must be ancillary to the principal use, but may be conducted Ior
commercial purposes. The use includes the keeping oI animals Ior the development oI animal
products such as meat, Iur or eggs, but does not include the keeping oI animals as household
pets.

Title 19.18 deIines Domestic Animal as: Any animal which is not a wild or exotic animal and
which is typically considered to be capable oI being kept in or near residential dwellings.

There are no minimum Special Use Permit requirements Ior this use, with respect to domestic
animal; however, there are Conditional Use Regulations.

With respect to domestic animals:

1. The applicant must submit to the Department, Ior administrative review and approval, a
site plan with notes indicating the number and types oI animals to be kept or reproduced
on the premises.

The submittea site plan coula not be aaministratively approvea, as the Accessory
Structure (Class II) [Aviary{ aoes not meet the minimum Title 19 requirements.

2. No more than 3 sheep or goats may be kept Ior each 20,000 square Ieet oI land included
in the building site.
VAR-53865 and SUP-53867 PR1-53540]
MR


This regulation aoes not apply, as none of the animals listea above are kept on site.

3. All operations and activities shall be in accordance with LVMC Title 7.

This regulation will be met, as the property will subfect to inspections by Coae
Enforcement ana Animal Control officers.

4. No more than one horse or cow is permitted Ior each 7,500 square Ieet oI lot area.

This regulation is met, as there is one horse on a 58,806 square-foot lot.

The subject property is located within 500 Ieet oI a City oI Las Vegas boundary line and is a
Project oI Regional SigniIicance as deIined by Title 19. The notiIication documents were
completed and distributed to proper agencies. The Clark County Department oI Aviation is the
only respondent that expressed opposition oI the approval oI this Special Use Permit. The
concern is that 'Rock Pigeons are one oI the top 25 species group most hazardous to aircraIt
and the subject property is within a Iive mile radius oI the North Las Vegas Airport.

The Accessory Structure (Class II) |Pigeon Coop| is located two Ieet Irom the side property line
where ten Ieet is the required in an R-E (Residence Estates) zoning district. This is an 80 percent
reduction in the required side yard setback. The reduced setback positions a potential oI up to
180 birds cooing two Ieet Irom the property line.

The subject property is large enough to accommodate the 2,808 square-Ioot structure in a manner
that conIorms to code. This setback Variance and accompanying Special Use Permit is the direct
result oI a selI-imposed hardship and thereIore staII recommends denial oI Variance (VAR-
53865) and Special Use Permit (SUP-53867). II these applications are denied, the new Aviary
will have to be moved, removed or reconstructed in a manner that conIorms to code
requirements. Moreover, no additional pigeons will be allowed on site unless all the Conditional
Use Regulations are met Ior the Animal Keeping & Husbandry use.



VAR-53865 and SUP-53867 PR1-53540]
MR


resolution.

has created a selI-imposed hardship by constructing an Accessory Structure (Class II) |Pigeon
Coop| two Ieet Irom side property line. Alternatively, the structure could be relocated ten Ieet to
the west oI the structure`s current location and that would allow conIormance to the Title 19
requirements. In view oI the absence oI any hardships imposed by the site`s physical
characteristics, it is concluded that the applicant`s hardship is preIerential in nature, and it is
thereby outside the realm oI NRS Chapter 278 Ior granting oI Variances.




The proposed land use cannot be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, as the surrounding neighborhood consists
oI single-Iamily residences on all sides. The keeping oI 180 pigeons two Ieet Irom the
property line is incompatible with the surrounding land uses.


The subject property is 1.35 acres in size, which is physically suitable Ior the type oI land
use; however, up to 180 birds two Ieet Irom the east property lines does not adequately
buIIer this use Irom the residential uses in the neighborhood.
VAR-53865 and SUP-53867 PR1-53540]
MR



The site is accessed Irom Ann Road, a 100-Ioot Primary Arterial, according to the Master
Plan oI Streets and Highways; this road is adequate in size to accommodate this use.

General Plan.

Approval oI the Special Use Permit would compromise the public health, saIety and
welIare oI the surrounding area, as the potential noise and smells oI 240 pigeons cooling is
inconsistent with surrounding residential neighborhood.


The use does not meet all the applicable conditions, as a side yard setback Variance is
required Ior the approval oI this Special Use Permit.


NOTICES MAILED 182

APPROVALS 0

PROTESTS 1
04/24/14
PRJ-53540
VAR-53865
Page 1 of 2 4/24/2014 8:15:09 AM
Applicant Fax:
Rep Last Name: ensign
Rep First Name: william
Applicant State:
Applicant Phone:
Applicant Zip:
Rep Address:
Rep Fax:
Rep State:
Rep City:
Rep Phone:
Rep Zip:
Project Name HOMING PIGEONS
Correct:
Yes
Ward #: WARD 6 (STEVEN D. ROSS)
Applicant City:
ProjectAddress (Location): 6500 WEST ANN ROAD
Application/Petition For: VAR & SUP for racing homing pigeons
Applicant First Name: william
Applicant Address:
Applicant Last Name: ensign
Lots/Units:
Gross Acres:
04/24/14
PRJ-53540
VAR-53865 & SUP-53867
Page 2 of 2 4/24/2014 8:15:09 AM
! certify that ! am the applicant and
belief. ! understand that the City is
the application to be re]ected. !
further certify that ! am the owner
or purchaser or option holder of
! Accept:
Yes
ENSIGN WILLIAMS B LIVING
TRUST
5170 RUSTIC RIDGE DR LAS VEGAS, NV 89148-1454
William Ensign na owner [email protected]
04/24/14
PRJ-53540
VAR-53865 & SUP-53867
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04/24/14
PRJ-53540
VAR-53865 & SUP-53867
1
Mark Rex
Subject: FW: letter 240 birds
From: Bill Ensign [mailto:[email protected]]
Sent: Tuesday, May 13, 2014 2:43 PM
To: Mark Rex
Subject: Re: letter 240 birds
Hi Mark,
I have one horse and no cows I will have a maximum if 180 birds in the purposed Avery.
Bill
Sent from my iPhone
05/13/14
PRJ-53540
VAR-53865 & SUP-53867
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CITY OF LAS VEGAS
PLANNING COMMISSION AND CITY COUNCIL
RECOMMENDATIONS / COMMENTS
FROM: CLARK COUNTY DEPARTMENT OF AVIATION
APPLICATION NUMBERS: SUP-53867
PROJECT: 240 PIGEONS
LOCATION: 125-26-403-016
MEETING DATES: 06/10/14 PLANNING COMMISSION AND 07/16/14

CITY COUNCIL
COMMENTS:
The Clark County Department of Aviation (CCDOA) is concerned about the proposed 240
racing homing pigeon application. The project is located less than four (4) miles from, and
directly adjacent to preferred flight patterns for the North Las Vegas Airport (VGT).
The FAA (Federal Aviation Administration) Advisory Circular 150/5200-33B, title Hazardous
Wildlife Attractants On or Near Airports, states that pigeons have caused major damage and
have affected flight operations at airports, and therefore can be a hazard to air navigation. For
airports like VGT, the advisory circular recommends that hazardous wildlife attractants be five
miles from the nearest air operations area.
Clark County has a public hearing on May 7, 2014, which would amend the Title 30
Development Code to prohibit such uses if the birds do not remain confined.
05/05/14
PRJ-53540
VAR-53865 & SUP-53867
05/05/14
PRJ-53540
VAR-53865 & SUP-53867
05/05/14
PRJ-53540
VAR-53865 & SUP-53867
05/05/14
PRJ-53540
VAR-53865 & SUP-53867
05/05/14
PRJ-53540
VAR-53865 & SUP-53867
05/05/14
PRJ-53540
VAR-53865 & SUP-53867

Agenda tem No.: 42.


SUB1ECT:
APPLICANT/OWNER: WILLIAM B. ENSIGN LIVING TRUST - For possible action on a
Special Use Permit FOR ANIMAL KEEPING & HUSBANDRY (240 HOMING RACING
PIGEONS) at 6500 West Ann Road (APN 125-26-403-016) R-E (Residence Estates) Zone,
Ward 6 (Ross) |PRJ-53540|. StaII recommends DENIAL.



RECOMMENDATION:

paper use, backup
04/24/14
PRJ-53540
SUP-53867

Agenda tem No.: 43.


SUB1ECT:
VAR-53923 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: ESMI
PROPERTIES, LLC - For possible action on a request Ior a Variance TO ALLOW TWO
PARKING SPACES WHERE A MINIMUM OF NINE SPACES ARE REQUIRED AND TO
ALLOW A PARKING LOT TO HAVE A NON-PAVED SURFACE on 0.85 acres at 5252
Ricky Road (APN 138-12-710-054), C-2 (General Commercial) Zone, Ward 5 (Barlow) |PRJ-
53875|. StaII recommends DENIAL.



RECOMMENDATION:

1. Location and Aerial Maps - VAR-53923, VAR-53924 and SDR-53925 |PRJ-53875|
2. Conditions and StaII Report - VAR-53923, VAR-53924 and SDR-53925 |PRJ-53875|
3. Supporting Documentation - VAR-53923, VAR-53924 and SDR-53925 |PRJ-53875|
4. Photos - VAR-53923, VAR-53924 and SDR-53925 |PRJ-53875|
5. JustiIication Letter - VAR-53923, VAR-53924 and SDR-53925 |PRJ-53875|
6. Abeyance Request - VAR-53923, VAR-53924 and SDR-53925 |PRJ-53875|

VAR-53923, VAR-53924 and SDR-53925 PR1-53875]
YK


ITEM DESCRIPTION: APPLICANT/OWNER: E S M I PROPERTIES, LLC


CASE
AUMBER
RECOMMEADA1IOA
REQUIRED FOR
APPROJAL
conditions:

conditions:
VAR-53923
SDR-53925 StaII recommends DENIAL, iI approved subject to
conditions:
VAR-53923
VAR-53924

`` CONDITIONS ``

VAk-5323 CONDIIIONS

Planning

and Site Development Plan Review (SDR-53925) shall be required, iI approved.


SaIety.


VAR-53923, VAR-53924 and SDR-53925 PR1-53875]
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Conditions Page Two

VAk-5324 CONDIIIONS

Planning

and Site Development Plan Review (SDR-53925) shall be required, iI approved.


SaIety.



Public Works

6. Prior to the issuance oI a CertiIicate oI Occupancy Ior this site, sign a Covenant Running
with Land Agreement Ior the possible installation oI halI-street improvements (including
curb and gutter, sidewalks, street lighting, permanent paving and possibly Iire hydrants) on
Ricky Road adjacent to this site. The Covenant agreement must be recorded with the
County Recorder and a copy oI the recorded document must be provided to the City prior to
the issuance oI building permits Ior this site.

SDk-5325 CONDIIIONS

Planning

and Variance (VAR-53924) shall be required, iI approved.

VAR-53923, VAR-53924 and SDR-53925 PR1-53875]
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3. All development shall be in conIormance with the site plan, landscape plan, and building
elevations, date stamped 04/28/14, except as amended by conditions herein.

4. A Waiver Irom Title 19.08.080 is hereby approved, to allow no perimeter landscape buIIers
where a 15-Ioot landscape perimeter buIIer along the south side and an eight-Ioot buIIer
along the east, north and west perimeters is required.

5. An Exception Irom Title 19.08.110 is hereby approved, to allow one 24-inch box tree and
no shrubs Ior parking lot landscaping where three 24-inch box trees and 15 shrubs is
required.

SaIety.


oI any traIIic control device.


Public Works

10. In accordance with code requirements oI Title 19.02.130.a, construct all incomplete halI-
street improvements on Ricky Road adjacent to this site concurrent with development oI this
site as required by the Department oI Public Works. All existing paving damaged or
removed by this development shall be restored at its original location and to its original
width concurrent with development oI this site. This condition will not be enIorced iI a
Variance request such as VAR-53924 is approved to deIer the installation oI oII-site
improvements.

11. The applicant shall connect to public sewer and abandon the existing individual sewage
disposal system according to Southern Nevada Health District (SNHD) regulations prior to
issuance oI a CertiIicate oI Occupancy oI this site, unless otherwise allowed by both the City
Engineer and SNHD.
VAR-53923, VAR-53924 and SDR-53925 PR1-53875]
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VAR-53923, VAR-53924 and SDR-53925 PR1-53875]
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`` STAFF REPORT ``

PRO1ECT DESCRIPTION

The applicant recently purchased the property at 5252 Ricky Road, zoned C-2 (General
Commercial), to relocate their growing business. However, the previous owner Iailed to notiIy
the new owners that the oIIicial change oI land use Irom residential to commercial was never
obtained, resulting in a non-conIorming residential property. The owners are proceeding with
obtaining the commercial land use changes, but would like to keep the property 'as is resulting
in the need Ior two Variances, a Waiver and an Exception. StaII recommends denial. II denied,
the property would remain as a non-conIorming residential use and a business license could not
be issued Ior a commercial business.

ISSUES

A Variance is required to allow two parking spaces where nine are required and to allow
a parking lot to not have a solid surIace. StaII does not support this request as it is a selI-
imposed hardship.

A Variance is required to allow none oI the required roadway improvements Ior a 60-Ioot
Minor Collector Street to be installed. StaII does not support this request as it is a selI-
imposed hardship and require the City to incur Iuture costs.

A Waiver is required to allow no perimeter landscape buIIers, where a 15-Ioot wide is
required on the south and eight-Ioot wide is required on the east, north and west
perimeters. StaII does not support this request.

An Exception is required to allow one 24-inch box tree and no shrubs Ior parking lot
landscaping, where three 24-inch box trees and 15 shrubs is required. StaII does not
support this request.


05/12/64
The Las Vegas Board oI Commissioners approved an Annexation (A-0002-
64) oI 5252 Ricky Road as part oI a larger annexation.
03/13/86
The Planning Commission approved an Administrative Variance (AV-0001-
86) Ior an addition to an existing residential home at 5252 Ricky Road.
VAR-53923, VAR-53924 and SDR-53925 PR1-53875]
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02/18/14
Building and SaIety processed an application (#254525) Ior a Tenant
Improvement Ior a CertiIicate oI Occupancy at 5252 Ricky Road. This case
is on hold pending land use approvals.

04/24/14
StaII met with the owner/applicant and reviewed the requirements to bring the
property up to current commercial standards. It was determined that a
Variance Ior parking and one Ior Complete Street Standards, as well as a Site
Development Plan Review with Waivers oI all Landscape BuIIers and an
Exception would be required.


Field Check
05/01/14
StaII visited the site and Iound a business in operation. There were no oII-site
improvements. The entire Iront oI the parcel was being used as a parking lot
that did not have a solid surIace. There was no landscape buIIers and only
limited parking lot landscaping.

Site Area
Net Acres .85

Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Subject Property
Single Family,
Detached
GC (General
Commercial)
C-2 (General
Commercial)
North Church
DR (Desert Rural
South Undeveloped
GC (General
Commercial)
C-2 (General
Commercial)
East
Single Family,
Detached
SC (Service
Commercial)
N-S (Neighborhood
Service)
West Auto Repair, Major
GC (General
Commercial)
C-2 (General
Commercial)
VAR-53923, VAR-53924 and SDR-53925 PR1-53875]
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A-O (Airport Overlay) District 70 Feet Y
Trails N/A


Min. Setbacks
Front
Side
Corner
Rear
10 Feet
10 Feet
10 Feet
20 Feet
43 Feet
31 Feet
N/A
232 Feet
Y
Y
N/A
Y
Trash Enclosure
Screened, Gated, w/
a RooI or Trellis
Screened
and Gated
N

Pursuant to 1itle 19.8.3 and 19.8.11, the following standards apply:
Required
Standards
Ratio 1rees
Provided

Compliance

BuIIer Trees:
North
South
East
West
7 Trees
3 Trees
17 Trees
12 Trees
0 Trees
0 Trees
1 Trees
0 Trees
N
N
N
N
TOTAL PERIMETER TREES 39 Trees 1 Trees N
Parking Area Trees
3 Trees 3 Trees Y
VAR-53923, VAR-53924 and SDR-53925 PR1-53875]
YK

Required
Standards
Ratio 1rees
Provided

Compliance

Min. Zone Width
North
South
East
West
8 Feet
15 Feet
8 Feet
8 Feet
0 Feet
0 Feet
0 Feet
0 Feet
N
N
N
N
Wall Height 6 to 8 Feet Adjacent to Residential 6 Feet Y

Street Aame
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Ricky Road
Minor Collector
Street
Planned Streets and
Highways
60 Y

Streetscape Standards Required Provided Compliance
60` Minor Collector Street
18 curb and gutter, Iive-Ioot wide
sidewalk and amenity zone as well
as halI-street improvements.
None N


Parking Requirement
Base Parking Requirement Provided Compliance
Parking Parking
Use
Cross Floor
Area or
Aumber of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Building
Maintenance
Service and
Sales
2,450 SF
1 space
per 300
SF
9


2

N
Regular and Handicap Spaces Required 1 1 1 1 N
VAR-53923, VAR-53924 and SDR-53925 PR1-53875]
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Waivers
To provide a 15-Ioot landscape
perimeter buIIer along the south side
and an eight-Ioot buIIer along the east,
north and west perimeters.
To provide no landscape
perimeter buIIers.
Denial

Exceptions
To provide three 24-inch box
trees and 15, Iive-gallon shrubs
Ior the parking lot landscaping.
To provide one tree and
no shrubs Ior the parking
lot landscaping.
Denial

ANALYSIS

The owners oI the property at 5252 Ricky Road are requesting to convert an existing non-
conIorming residential use into a commercial use on property that has been zoned C-2 (General
Commercial) since it was annexed into the City in 1964. Since that time, the property has been
used as a residence and was never oIIicially converted to a commercial use. The owners
believed that when they purchased the commercially zoned property, that they could operate
their existing business there as the property currently exists. However, when they attempted to
transIer their business license to this location, staII inIormed them that the property would have
to be converted to a commercial use and brought up-to-date under the current commercial
standards. These standards are extensive and the owners are requesting two variances, waivers
and exceptions to be permitted to use the property in its current condition without the required
improvements.

One Variance is to allow two oIIicial parking spaces, where nine are required and to allow a
parking lot to not have a solid 'paved surIace. There is ample room to allow Ior a code
compliant parking lot to be installed, but the owner does not want to spend the Iunds to do it.

The second Variance would allow the owners to avoid the oII-site improvements oI installing
curb, gutters, streetlights, sidewalks and halI-street improvements that upgrading to a
commercial use requires. II this Variance is approved, the cost associated with these
improvements would eventually be incurred by the City. Public Works Department staII had the
Iollowing comment, 'This Variance request is related to a Site Development Review SDR-
53925. The adjacent parcel to the west (138-12-710-055) constructed the required halI street
improvements in 2004 as required by SD-07-02. StaII would have recommended that halI street
improvements be constructed on this site Ior any Site Development Review application made
aIter 2002. II improvements are not constructed by this applicant, the City will need to pay Ior
these improvements in the Iuture. ThereIore, Public Works recommends DENIAL oI this
Variance.
VAR-53923, VAR-53924 and SDR-53925 PR1-53875]
YK


The required waiver is to allow no landscape buIIers to be installed, where code requires them to
be on all Iour perimeters. The exception would be Ior a reduced number oI trees and shrubs in
the parking lot area. StaII does not support these requests.

StaII understands the owners` Irustration with purchasing a commercial property and not being
able to use it as such without major improvements. However, the required improvements are the
costs all developers incur and iI these requests are granted, the City will incur these costs. As
these improvements are standard code requirements and are in essence 'selI-imposed, staII
recommends denial Ior all three applications.




resolution.

has created a selI-imposed hardship by utilizing a residential property as a commercial property
without making the required improvements to the site. An alternative is to install the required
commercial improvements that would allow conIormance to the Title 19 requirements. In view
oI the absence oI any hardships imposed by the site`s physical characteristics, it is concluded that
the applicant`s hardship is preIerential in nature, and it is thereby outside the realm oI NRS
Chapter 278 Ior granting oI Variances.

VAR-53923, VAR-53924 and SDR-53925 PR1-53875]
YK





resolution.

has created a selI-imposed hardship by utilizing a residential property as a commercial property
without making the required improvements to the site. An alternative is to install the required
commercial improvements that would allow conIormance to the Title 19 requirements. In view
oI the absence oI any hardships imposed by the site`s physical characteristics, it is concluded that
the applicant`s hardship is preIerential in nature, and it is thereby outside the realm oI NRS
Chapter 278 Ior granting oI Variances.


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


A commercial use on this property is compatible with adjacent developments.

VAR-53923, VAR-53924 and SDR-53925 PR1-53875]
YK


This project is not consistent with Title 19, as evidences by the requested Variances,
Waivers and Exceptions.


Access to the site is oII Ricky Road, a 60-wide Minor Collector Street that is adequate in
size to meet the needs oI the proposed commercial use.


No new building or landscaping is proposed Ior this project.


No new building or landscaping is proposed Ior this project.

general welfare.

The proposed commercial use will be subject to inspections in order to protect the public
health, saIety and general welIare by City staII.


NOTICES MAILED 135

APPROVALS 0

PROTESTS 0
04/28/14
PRJ-53875
VAR-53923
Page 1 of 2 4/28/2014 4:47:17 PM
Applicant Fax:
Rep Last Name: Stalk
Rep First Name: Arnold
Applicant State:
Applicant Phone:
Applicant Zip:
Rep Address:
Rep Fax:
Rep State:
Rep City:
Rep Phone:
Rep Zip:
Project Name F.E.I. CONSTRUCTION
Correct:
Yes
Ward #: WARD 5 (RICKI Y. BARLOW), WARD 6 (STEVEN D. ROSS)
Applicant City:
ProjectAddress (Location): 5252 RICKY ROAD
Application/Petition For: VAR, VAR, SDR
Applicant First Name: Jana
Applicant Address:
Applicant Last Name: Forsythe
Lots/Units:
Gross Acres:
VAR-53923, VAR-53924 & SDR-53925
Page 2 of 2 4/28/2014 4:47:17 PM
I Accept:
Yes
E S M I PROPERTIES L L C 5252 RICKY RD LAS VEGAS, NV 89130-3108
Rene Carlsen City of Las Vegas Sr Technical Systems Analyst [email protected]
JANA FORSYTHE F.E.I. CONSTRUCTION PRESIDENT [email protected]
VAR-53923, VAR-53924 & SDR-53925
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Justification Letter
Issue-
After starting the construction company in 2006, F.E.I. Construction was looking for a new office. The
owners J ana and Tim Forsythe, initially had an office space, but soon were affected by the recession. For
several years they worked out of their home, and were now ready to separate home from office. Jana
met Bonnie Shoning of Bill B. Shoning Contractors, a general building, painting, drywall and carpentry
contractor in Las Vegas since 1984, at a BOWD (Business Opportunity Workforce Development) class in
the fall of 2012. Bonnie told Jana about their construction companys converted residential to office
building on 5252 Ricky Road, Las Vegas, NV 89130. Bonnie said they needed to sell immediately.
J ana and Tim drove by the office. The location was enticing (it was less than a 10 minute drive from
their home). They contacted their Commercial Real Estate Broker, MDL, to reach out to the Shoning s
Commercial Real Estate Broker, Albright Callister & Associates. After an initial walk through, including
an assessment of clean-up and before operation move-in needs, it was apparent that all the office
would need was new flooring, new paint, and new blinds.
The office building had built in plan desks in four offices. The greens and pinks were reminiscent of the
popular interior design palette of the late 80s/early 90s.
BEFORE PICTURES:
04/28/14
PRJ-53875
VAR-53923, VAR-53924 & SDR-53925
04/28/14
PRJ-53875
VAR-53923, VAR-53924 & SDR-53925

Agenda tem No.: 44.


SUB1ECT:
VAR-53924 - VARIANCE RELATED TO VAR-53923 - PUBLIC HEARING -
APPLICANT/OWNER: ESMI PROPERTIES, LLC - For possible action on a request Ior a
Variance TO ALLOW NO SIDEWALKS, CURB OR GUTTERS AND HALF-STREET
IMPROVEMENTS WHERE SUCH IS REQUIRED FOR A 60-FOOT MINOR COLLECTOR
STREET on 0.85 acres at 5252 Ricky Road (APN 138-12-710-054), C-2 (General Commercial)
Zone, Ward 5 (Barlow) |PRJ-53875|. StaII recommends DENIAL.



RECOMMENDATION:

paper use, backup
04/28/14
PRJ-53875
VAR-53924

Agenda tem No.: 45.


SUB1ECT:
SDR-53925 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-53923 AND
VAR-53924 - PUBLIC HEARING - APPLICANT/OWNER: ESMI PROPERTIES, LLC - For
possible action on a request Ior a Site Development Plan Review TO CONVERT AN
EXISTING 2,450 SQUARE-FOOT RESIDENTIAL USE TO A COMMERCIAL USE WITH
WAIVERS OF ALL LANDSCAPE BUFFER REQUIREMENTS on 0.85 acres at 5252 Ricky
Road (APN 138-12-710-054), C-2 (General Commercial) Zone, Ward 5 (Barlow) |PRJ-53875|.
StaII recommends DENIAL.



RECOMMENDATION:

paper use, backup
04/28/14
PRJ-53875
SDR-53925
SDR 53925
E S M I Properties, LLC
5252 Ricky Road
Proposed conversion of an existing single family house into a 2.45 thousand square foot office.
RATE/#
UNIT TOTAL
SINGLE FAMILY DETACHED [DWELL] 1
9.57 10
AM Peak Hour 0.75 1
PM Peak Hour 1.01 1
RATE/#
UNIT TOTAL
GENERAL OFFICE BUILDING [1000 SF] 2.45
11.01 27
AM Peak Hour 1.55 4
PM Peak Hour 1.49 4
RATE/#
UNIT TOTAL
GENERAL OFFICE BUILDING [1000 SF] 2.45
11.01 17
AM Peak Hour 1.55 3
PM Peak Hour 1.49 3
Rancho Drive
PM Peak Hour (heaviest 60 minutes) 2,534
Rancho Drive 51,800
This project is expected to add about 17 trips per day on Rancho Dr., Ricky Rd. & Thom Blvd.. Currently, Rancho is at
about 61 percent of capacity; this is not expected to change with this project. Counts are not available for Ricky or
Thom, but they are believed to be under capacity.
Based on Peak Hour use, this project will add about 3 trips in the peak hour, or about one every twenty minutes.

Agenda tem No.: 46.


SUB1ECT:
VAR-53482 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: B M L J H L 2011
TRUST - For possible action on a request Ior a Variance TO ALLOW AN ACCESSORY
STRUCTURE (CLASS II) TO BE LOCATED TWO FEET FROM THE REAR PROPERTY
LINE WHERE TEN FEET IS THE MINIMUM REQUIRED; AND TO ALLOW TWO FEET
FROM THE PRINCIPLE DWELLING WHERE SIX FEET IS THE MINIMUM REQUIRED
on 0.52 acres at 2010 Homeview Court (APN 163-03-311-003), R-PD2 (Residential Planned
Development - 2 Units Per Acre) Zone, Ward 1 (Tarkanian) |PRJ-53481|. StaII recommends
DENIAL.



RECOMMENDATION:

1. Location and Aerial Maps
2. Conditions and StaII Report
4. Photos
5. JustiIication Letter

VAR-53482 PR1-53481]
GK


ITEM DESCRIPTION: APPLICANT/OWNER: B M L J H L 2011 TRUST


CASE
AUMBER
RECOMMEADA1IOA
REQUIRED FOR
APPROJAL
conditions:

`` CONDITIONS ``


Planning


SaIety.



Public Works

5. Prior to construction, obtain approval Irom the Southern Nevada Health District to insure
there is no conIlict with the existing Individual Sewage Disposal System (Septic Tank).

VAR-53482 PR1-53481]
GK

`` STAFF REPORT ``

PRO1ECT DESCRIPTION

This is a request Ior a Variance to allow an existing Accessory Structure (Class II) |playground
set| that was constructed without building permits to be located two Ieet away Irom the rear
property line where ten Ieet is the minimum required and two Ieet away Irom the main dwelling
unit where six Ieet is the minimum required by code. The site is located at 2010 Homeview
Court, in an R-PD2 (Residential Planned Development 2 Units per Acre) zoning district. No
unique or extraordinary evidence has been presented to warrant the requested Variance. As such,
the hardship is selI-imposed and staII recommends denial oI this request.

ISSUES

A code enIorcement case was created Ior the building oI an accessory structure without
proper permits on the east side oI the property.


02/06/86
The City Council approved a Petition to Annex (A-0009-85) property
generally located south oI Charleston Boulevard, between Torrey Pines Drive
and Fort Apache Road. The annexation became eIIective on 03/28/86.
08/05/87
The City Council approved a Rezoning (Z-0059-87) Irom R-E (Residence
Estates) to R-PD2 (Residential Planned Development 2 Units per Acre) on
properties located on the east side oI Tioga Way, between El Parque Avenue
and O`Bannon Drive. Planning Commission and staII recommended approval.
11/23/98
The City Council approved a General Plan Amendment (GPA-0027-98) Irom
R (Rural Density Residential) to DR (Desert Rural Density Residential) on
properties bounded by the Holmby Avenue alignment, Via Olivero Avenue,
Rainbow Boulevard, and Durango Drive. Planning Commission and staII
recommended approval.

VAR-53482 PR1-53481]
GK


c. 1989 The existing 3,858 square-Ioot single Iamily residence was constructed.
01/27/14
A code enIorcement citation (#137298) was issued Ior a two-story playground
set located two Ieet Irom the rear property line at 2010 Homeview Court. The
citation remains unresolved.

No pre-application meeting was held.


Field Check
05/01/14
StaII conducted a routine Iield check and noted a well maintained single
Iamily residence.

Site Area
Gross Acres 0.52

Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Subject Property
Single Family
Residence
DR (Desert Rural
R-PD2 (Residential
Units per Acre)
North
Single Family
Residence
DR (Desert Rural
R-PD2 (Residential
Units per Acre)
South
Single Family
Residence
DR (Desert Rural
R-PD2 (Residential
Units per Acre)
East
Single Family
Residence
DR (Desert Rural
R-PD2 (Residential
Units per Acre)
West
Single Family
Residence
DR (Desert Rural
R-PD2 (Residential
Units per Acre)
VAR-53482 PR1-53481]
GK


R-PD (Residential Planned Development) District Y
Rural Preservation Overlay District Y
Trails N/A


Pursuant to 1itle 19., the following standards apply:
Accessory Structure Min. Setbacks
Side
Corner
Rear
10 Feet
N/A
10 Feet
70 Feet
N/A
2 Feet
Y
N/A
N
Min. Distance Between Buildings 6 Feet 2 Feet N
Accessory Structure Height
Two Stories or 35
Feet in height,
whichever is less 15 Feet Y

ANALYSIS

This application is a request Ior a Variance to allow an existing 15-Ioot tall, 190 square-Ioot
Accessory Structure (Class II) |playground set| that was constructed without building permits to
be located two Ieet away Irom the rear property line where ten Ieet is the minimum required and
two Ieet away Irom the main dwelling unit where six Ieet is the minimum required. Title 19.06
requires accessory structures in all residential zoning districts to maintain a minimum distance
separation oI six Ieet Irom the principle dwelling unit. In addition, Title 19.06 requires accessory
structures located on property with an R-E (Residence Estates) zoning destination to be set back
at least ten Ieet Irom the rear property line. No substantial evidence has been presented to
warrant the requested Variance. The existing accessory structure can be redesigned or relocated
to meet current code requirements. As such, the hardship is selI-imposed and staII recommends
denial.
VAR-53482 PR1-53481]
GK





resolution.

has created a selI-imposed hardship by constructing an Accessory Structure (Class II)
|playground set| without building permits, two Ieet away Irom the rear property line where ten
Ieet is minimum required and two Ieet away Irom the main dwelling unit where six Ieet is the
minimum required. The existing structure could be relocated to an alternative location that
would allow conIormance to the Title 19 requirements. In view oI the absence oI any hardships
imposed by the site`s physical characteristics, it is concluded that the applicant`s hardship is
preIerential in nature, and it is thereby outside the realm oI NRS Chapter 278 Ior granting oI
Variances.


NOTICES MAILED 119

APPROVALS 0

PROTESTS 0
Page 1 of 2 3/31/2014 1:18:58 PM
Applicant Fax: 702-204-4414
Rep Last Name: Leavitt
Rep First Name: Berne
Applicant State: NV
Applicant Phone: 702-204-4414
Rep Address: 2010 Homeview Court
Rep Fax: 702-204-4414
Rep State: NV
Rep City: Las Vegas
Rep Phone: 702-204-4414
Rep Zip: 89117
Project Name SETBACK VARIANCE AT 2010 HOMEVIEW COURT
Correct:
Yes
Ward #: WARD 1 (LOIS TARKANIAN)
ProjectAddress (Location): 2010 HOMEVIEW COURT
Application/Petition For: Setback Variance for Acccessory Structure (Class II)
Applicant First Name: Berne
Applicant Address: 2010 Homeview Court
Applicant Last Name: Leavitt
Lots/Units:
Gross Acres: 0.52
03/31/14
PRJ-53481
VAR-53482
Page 2 of 2 3/31/2014 1:18:58 PM
! Accept:
Yes
B M L J H L 2011 TRUST 2010 HOMEVIEW CT LAS VEGAS, NV 89117-2042
Berne Leavitt None Owner [email protected]
03/31/14
PRJ-53481
VAR-53482
0 3 / 2 7 / 1 4
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03/27/14
PRJ-53481
VAR-53482
03/27/14
PRJ-53481
V
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03/27/14
PRJ-53481
VAR-53482
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VAR-53482 [PRJ-53481]
VAR-53482 [PRJ-53481]
VAR-53482 [PRJ-53481]
VAR-53482 [PRJ-53481]
VAR-53482 [PRJ-53481]

Agenda tem No.: 47.


SUB1ECT:
VAR-53621 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: ERIKA ACOSTA -
For possible action on a request Ior a Variance TO ALLOW A FIVE-FOOT SIDE YARD
SETBACK WHERE 10 FEET IS REQUIRED FOR A PROPOSED 390 SQUARE-FOOT
ADDITION TO AN EXISTING 2,788 SQUARE-FOOT SINGLE FAMILY DWELLING on
0.48 acres at 7055 Del Rey Avenue (APN 163-03-603-001), R-E (Residence Estates) Zone,
Ward 1 (Tarkanian) |PRJ-52245|. StaII recommends DENIAL.



RECOMMENDATION:

4. Photos

VAR-53621 PR1-52245]
MR

ACEADA MEMO - PLAAAIAC

PLANNING COMMISSION MEETING DATE: 1UNE 10, 2014
ITEM DESCRIPTION: APPLICANT/OWNER: ERIKA ACOSTA


CASE
AUMBER
RECOMMEADA1IOA
REQUIRED FOR
APPROJAL
conditions:
N/A

`` CONDITIONS ``

VAR-53621 CONDITIONS

Planning


SaIety.


VAR-53621 PR1-52245]
MR

Conditions Page Two

Public Works

5. Meet with the Flood Control Section oI the Department oI Public Works Ior assistance with
establishing Iinished Iloor elevations and drainage paths Ior this site prior to submittal oI
construction plans, the issuance oI any building or grading permits |or the submittal oI a
map Ior this site|, whichever may occur Iirst. Provide and improve all drainage ways as
recommended.

6. Contact the Southern Nevada Health District (SNHD), Environmental Health Division, to
obtain written approval showing compliance with a temporary permit Ior an individual
sewage disposal system (ISDS or septic tank system), prior to the issuance oI any building
permits. Alternatively, connect to public sewer and abandon the ISDS according to SNHD
regulations.

VAR-53621 PR1-52245]
MR

`` STAFF REPORT ``

PRO1ECT DESCRIPTION

This is a request Ior a side yard setback Variance oI Iive Ieet where 10 Ieet is required to allow
Ior a proposed 390 square-Ioot expansion to an existing 2,788 square-Ioot residential dwelling.
The proposed expansion is to create an attached one-car garage. The site is located at 7055 Del
Rey Avenue, in an R-E (Residence Estates) zoning district. The hardship is selI imposed; as the
proposed development could be redesigned to meet code requirements thereIore, staII
recommends denial oI this request.

ISSUES

A Variance is required to allow a Iive-Ioot side yard building setback Ior the principal
structure where 10 Ieet is the minimum required.


03/19/86
The City Council approved an Annexation (A-0009-85) request with an
eIIective date oI 03/28/86.
06/18/13
A complaint was Iiled with Code EnIorcement (#130175) Ior parking vehicles
on the lawn and trash and debris. The complaint was resolved on 07/02/13.


1977 The principal dwelling was constructed.
02/28/89
A building permit (#89015852) was issued Ior retaining walls. The permit
was Iinalized on 03/07/89.
12/12/97
A building permit (#897024763) was issued Ior a room addition. The permit
was Iinalized on 05/28/98.
07/13/11
A building permit (#191283) was issued Ior a room addition and patio cover.
The permit has not been Iinalized.
VAR-53621 PR1-52245]
MR


12/11/13
A pre-application meeting was held with the applicant and the applicant`s
designated representative and the Iollowing points were discussed.

1. The setbacks Ior R-E (Residence Estates) property.
2. The placement oI garage addition or a detached Accessory Structure
(Class II).
3. The submittal requirements Ior a setback Variance.

A neighborhood was not required, nor was one held.

Field Check
05/01/14
A Iield inspection was conducted on the subject site revealed that the property
is clean and well maintained.

Site Area
Net Acres 0.5

Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Subject Property
Single Family,
Detached
DR (Desert Rural
North
Single Family,
Detached
DR (Desert Rural
South
Utility Installation,
Other Than Listed
PF (Public Facilities) R-E (Residence Estates)
East
Single Family,
Detached
DR (Desert Rural
West
Single Family,
Detached
DR (Desert Rural

VAR-53621 PR1-52245]
MR

Rural Preservation Overlay District N
Trails N/A


Pursuant to 19.., the following standards apply:
Min. Setbacks
Front
Side
Rear
35 Feet
10 Feet
35 Feet
35 Feet
5 Feet
114 Feet
Y
N
Y
Max. Building Height 35 Feet 10.5 Feet Y

ANALYSIS

This application is a request Ior a Variance to allow a proposed 390 square-Ioot expansion oI an
existing 2.788 square-Ioot single-Iamily dwelling. The proposed expansion will create an
attached garage to the existing principal structure. The proposed improvement will encroach Iive
Ieet into the side yard setback and represents a 50 percent setback reduction. The shape and size
oI the lot is not irregular in nature and no extraordinary circumstance has been presented;
thereIore, the hardship is selI-imposed and staII must recommend denial oI the requested
Variance.



VAR-53621 PR1-52245]
MR


resolution.

has created a selI-imposed hardship by proposing to expand the principal dwelling into the
required side yard setback. The proposed expansion could be redesigned to expand into the rear
yard in a manner that would allow conIormance to the R-E (Residence Estates) development
standards. In view oI the absence oI any hardships imposed by the site`s physical characteristics,
it is concluded that the applicant`s hardship is preIerential in nature, and it is thereby outside the
realm oI NRS Chapter 278 Ior granting oI Variances


NOTICES MAILED 101

APPROVALS 0

PROTESTS 0
0 4 / 0 8 / 1 4
P R J - 5 2 2 4 5
VAR-53621
Page 1 of 2 4/8/2014 11:21:31 AM
Applicant Fax:
Rep Last Name: Acosta
Rep First Name: Erika
Applicant State:
Applicant Phone:
Applicant Zip:
Rep Address:
Rep Fax:
Rep State:
Rep City:
Rep Phone:
Rep Zip:
Project Name ACOSTA RESIDENTIAL SETBACK VARIANCE
Correct:
Yes
Ward #: WARD 1 (LOIS TARKANIAN)
Applicant City:
ProjectAddress (Location): 7055 DEL RAY AVENUE
Application/Petition For: residential setback Variance
Applicant First Name: Erika
Applicant Address:
Applicant Last Name: Acosta
Lots/Units: 1
Gross Acres: 0.5
hoo.com
04/08/14
PRJ-52245
VAR-53621
Page 2 of 2 4/8/2014 11:21:31 AM
! Accept:
Yes
ACOSTA ERIKA 7055 DEL REY AVE LAS VEGAS, NV 89117-1607
Larry Sanchez Sanchez Civil Engineering Civil Engineer [email protected]
04/08/14
PRJ-52245
VAR-53621
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VAR-53621

Agenda tem No.: 48.


SUB1ECT:
VAR-53705 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: CESAR MARALIT
- For possible action on request Ior a Variance TO ALLOW A ONE-FOOT SIDE YARD
SETBACK WHERE THREE FEET IS REQUIRED FOR AN EXISTING 472 SQUARE-FOOT
ACCESSORY STRUCTURE (CLASS II) AND TO ALLOW A 1,079 SQUARE FEET OF
ACCESSORY STRUCTURE FLOOR AREA WHERE 525 SQUARE FEET IS THE
MAXIMUM ALLOWED on 0.15 acres at 2210 Poplar Avenue (APN 139-35-611-035), R-1
(Single Family Residential) Zone, Ward 3 (CoIIin) |PRJ-52015|. StaII recommends DENIAL.



RECOMMENDATION:

4. Photos

VAR-53705 PR1-52015]
YK


ITEM DESCRIPTION: APPLICANT/OWNER: CESAR MARALIT


CASE
AUMBER
RECOMMEADA1IOA
REQUIRED FOR
APPROJAL
conditions:

`` CONDITIONS ``


Planning


SaIety.

3. Accessory Structures are not allowed to be rented out as living spaces without an approved
Special Use Permit Ior an Accessory Structure (Class I).



VAR-53705 PR1-52015]
YK

`` STAFF REPORT ``

PRO1ECT DESCRIPTION

The applicant is requesting to allow two existing accessory structures that were constructed
without permits onsite in their current conIiguration to remain. BeIore building permits can be
issued, two Variances are required. The Variances being sought are to allow an Accessory
Structure located on the southwest corner oI the site to be located one-Ioot, two-inches Irom the
side property line where three Ieet is required; and to allow a total oI 1,079 square Ieet oI
Accessory Structure where a maximum oI 525 Ieet is allowed. Since the conditions were selI-
imposed and could have been avoided had proper building permits been obtained, staII
recommends denial oI the requests. II denied, the accessory structure on the southwest portion
oI the property would have to be removed and the remaining accessory structure would have to
be reduced to a maximum oI 525 square Ieet.

ISSUES

A Variance is required to allow an Accessory Structure (Class II) built without building
permits to have a one-Ioot side yard setback, where three Ieet is required and to allow
1,079 square Ieet oI Accessory Structure Iloor area where 525 square Ieet is the
maximum allowed. StaII does not support these requests.


06/17/13
A Code EnIorcement case (#130141) was opened Ior construction without
building permits at 2210 Poplar Avenue. The case remains open.


There are no relevant building permits on Iile.
VAR-53705 PR1-52015]
YK


11/18/13
StaII met with the applicant to discuss the options Ior building an Accessory
Structure (Class II) without building permits that doesn`t meet side yard
setback requirements. This case was generated by a Code EnIorcement
complaint.

No neighborhood meeting was required, nor was one held.

Field Check
05/08/14
StaII visited the site and Iound two accessory structures in the rear oI the
property.

Site Area
Gross Acres 0.14

Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Subject Property
Single Family,
Detached
L (Low Density
Residential)
R-1 (Single Family
Residential)
North
Single Family,
Detached
L (Low Density
Residential)
R-1 (Single Family
Residential)
South
Single Family,
Detached
L (Low Density
Residential)
R-1 (Single Family
Residential)
East
Single Family,
Detached
L (Low Density
Residential)
R-1 (Single Family
Residential)
West
Single Family,
Detached
L (Low Density
Residential)
R-1 (Single Family
Residential)

VAR-53705 PR1-52015]
YK

Trails N/A


Pursuant to 1itle 19..7, the following standards apply:
Standards for Accessory Structures Required/Allowed Provided Compliance
Separation Irom Main Building 6 Feet 10 Feet Y
Minimum Rear Yard Setback 3 Feet 3 Feet Y
Minimum Side Yard Setback 3 Feet 1 Foot N
Max. Square-Footage 525 SF 1079 SF N

Street Aame
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Poplar Avenue N/A N/A 60 N/A

ANALYSIS

The applicant has requested these Variances as a result oI Code EnIorcement action initiated by a
Iormer tenant oI one oI the accessory structures. There are two accessory structures in the rear yard.
One is 607 square Ieet and the other is 472 square Ieet Ior a total oI 1,079 square Ieet. However, the
primary dwelling on this R-1 (Single Family Residential) zoned property is only 1,050 square Ieet.
Title 19.06.070 only allows the size oI accessory structures to total a maximum oI 50 oI the
primary dwellings square-Iootage. In this case, the maximum is 525 square Ieet making the existing
conditions in excess oI 100 oI the maximum allowed. A Variance is required in order Ior this
existing condition to remain.

The applicant has constructed both accessory structures without the required building permits. The
structure on the southwest portion oI the parcel was built one-Ioot Irom the property line, where a
minimum oI three Ieet is required. A Variance is required Ior this existing condition to remain.
Only one Variance application is needed as both violations are in the same section oI Title 19.06.
VAR-53705 PR1-52015]
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This property is zoned R-1 which is intended as a single Iamily parcel; however, the evidence
supports the notion that the applicant was using at least one oI the accessory structures as a rental
unit, without the required Special Use Permit.

Both oI the Variance requests are selI-imposed hardships, as the applicant built the structures
without the required building permits. The building permit review process would have highlighted
the Iact that one oI the accessory structures did not meet the minimum three-Ioot side yard setback,
beIore construction began. The review process would have also alerted the applicant that the total
square-Iootage oI the accessory structures exceeded the maximum allowed on the parcel. In
summary, iI the applicant had obtained building permits as required prior to construction, both oI
these issues would have been avoided.

Per Title 19.06, this parcel is clearly over developed. As a result, staII recommends denial oI the
requests. It should be noted that iI the building on the southwest portion oI the parcel is removed, a
Variance would still be required Ior the remaining structure as it exceeds the 525-Ioot maximum
allowed.




resolution.
VAR-53705 PR1-52015]
YK


has created a selI-imposed hardship by constructing two Accessory Structures (Class II) without
building permits that do not met setback requirements. An alternative would have been to
construct the buildings with permits and to meet setback and square-Iootage requirements that
would allow conIormance to the Title 19 requirements. In view oI the absence oI any hardships
imposed by the site`s physical characteristics, it is concluded that the applicant`s hardship is
preIerential in nature, and it is thereby outside the realm oI NRS Chapter 278 Ior granting oI
Variances.


NOTICES MAILED 273

APPROVALS 0

PROTESTS 0

04/16/14
PRJ-52015
VAR-53705
04/16/14
PRJ-52015
VAR-53705
06/10/14 PC
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Mr Ceasr Maralit
2210 Poplar Ave
Las Vegas Nevada
The house on property has been built in 1945 an has had numerous upgrades done prior to
Mr Maralit purchasing home .
We would kindly ask for Variance for the property at 22 10 Poplar .
1# The property has two accessory storage structures in rear yard .
2# The storage structure at west property is at 18 from west property line .
3# The garage has been converted to accessory storage structure .
4# The Carport an patio cover is at 18 from the East property line
Thank You Santos Aguilar
04/16/14
PRJ-52015
VAR-53705

Agenda tem No.: 49.


SUB1ECT:
VAR-53871 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: DENNIS
PRITCHARD - For possible action on a request Ior a Variance TO ALLOW AN ACCESSORY
STRUCTURE (CLASS II) TO BE LOCATED NINE FEET FROM THE REAR PROPERTY
LINE WHERE 10 FEET IS REQUIRED AND FIVE FEET FROM THE SIDE PROPERTY
LINE WHERE 10 FEET IS REQUIRED on 0.36 acres at 9109 Ghost Mountain Avenue (APN
138-05-411-053), R-PD2 (Residential Planned Development - 2 Units per Acre) Zone, Ward 4
(Anthony) |PRJ-53797|. StaII recommends DENIAL.



RECOMMENDATION:

4. Photos
6. Support Postcard

VAR-53871 PR1-53797]
JB


ITEM DESCRIPTION: APPLICANT/OWNER: DENNIS PRITCHARD


CASE
AUMBER
RECOMMEADA1IOA
REQUIRED FOR
APPROJAL
conditions:

`` CONDITIONS ``


Planning


SaIety.



VAR-53871 PR1-53797]
JB

`` STAFF REPORT ``

PRO1ECT DESCRIPTION

This is a request Ior a Variance to allow a proposed 861 square-Ioot workshop/casita to be
located nine Ieet Irom the rear property line where ten Ieet is minimum required; and Iive Ieet
away Irom the side property line where ten Ieet is minimum required by Title 19.06. The site is
located at 9109 Ghost Mountain Avenue, in an R-PD2 (Residential Planned Development 2
Units per Acre) zoning district. No unique or extraordinary evidence has been presented to
warrant the requested Variance. As such, the hardship is selI-imposed and; thereIore, staII
recommends denial oI this request.

ISSUES

A Variance is required to allow an Accessory Structure (Class II) to be nine Ieet Irom the
rear property line where ten Ieet is minimum required; and Iive Ieet away Irom the side
property line where ten Ieet is minimum required by Title 19.06.


08/15/01
The City Council approved a request Ior an Annexation (A-0020-01) to annex
approximately 53.90 acres oI land located on the northeast corner oI Fort
Apache Road and Alexander Road. The Planning Commission recommended
approval oI the request.
The City Council approved a request Ior a Variance (V-0055-01) to allow
0.88 acres oI open space where 1.78 acres oI open space is the minimum
allowed on the northeast corner oI the intersection oI Alexander Road and
Fort Apache Road. The Planning Commission recommended denial oI the
request.
The City Council approved a request Ior a Rezoning (Z-0050-01) Irom U
(Undeveloped) |DR (Desert Rural Density Residential) General Plan
Designation| to R-PD2 (Residential Planned Development - 2 Units per Acre)
on approximately 52.5 acres on the northeast corner oI the intersection oI
Alexander Road and Fort Apache Road. The Planning Commission
recommended denial oI the request.
09/19/01
The City Council approved a request Ior a Site Development Plan Review |Z-
0050-01(1)| Ior a proposed 105-lot single-Iamily subdivision on
approximately 52.50 acres on the northeast corner oI the intersection oI
Alexander Road and Fort Apache Road. The Planning Commission
recommended denial oI the request.
VAR-53871 PR1-53797]
JB



12/27/02
A building permit (#2022893) was issued Ior a single Iamily dwelling at 9109
Ghost Mountain Avenue. The permit was Iinalized on 06/19/03.
11/12/03
A building permit (#3024016) was issued Ior masonry work at 9109 Ghost
Mountain Avenue. The permit was Iinalized on 12/03/03.
04/19/11
A building permit (#184808) was issued Ior a pool and spa at 9109 Ghost
Mountain Avenue. The permit was Iinalized on 04/28/11.
04/15/14
A building permit (#258388) was processed Ior a casita. The permit is still in
review and has not been issued.

04/22/14
A pre-application meeting was held with the applicant to discuss the submittal
requirements Ior a Variance. The Variance is required Ior a proposed
Accessory Structure (Class II) that is located nine Ieet Irom the rear property
line where ten Ieet is minimum required; and Iive Ieet away Irom the side
property line where ten Ieet is minimum required by Title 19.06.


Field Check
05/01/14
A Iield check was conducted on the subject property and revealed a well
maintained single-Iamily residence.

Site Area
Net Acres 0.36

Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Subject Property
Single-Family
Detached
DR (Desert Rural
R-PD2 (Residential
Units per Acre)
VAR-53871 PR1-53797]
JB

Surrounding
Property
Existing Land Use
Per Title 19.12
Planned or Special Land
Use Designation
North
Single-Family
Detached
DR (Desert Rural
R-PD2 (Residential
Units per Acre)
South
Single-Family
Detached
L (Low Density
Residential)
R-PD5 (Residential
Units per Acre)
East
Single-Family
Detached
DR (Desert Rural
R-PD2 (Residential
Units per Acre)
West
Single-Family
Detached
DR (Desert Rural
R-PD2 (Residential
Units per Acre)

Trails N/A


Pursuant to 1itle 19., the following standards apply:
Min. Setbacks (Accessory Structure)
Side
Rear
10 Feet
10 Feet
5 Feet
9 Feet
N
N
Min. Distance Irom the principle dwelling 6 Feet 12 Feet Y

VAR-53871 PR1-53797]
JB


ANALYSIS

This application is a request Ior a Variance to allow a proposed 861 square-Ioot Accessory
Structure (Class II) to be located nine Ieet Irom the rear property line where ten Ieet is minimum
required; and Iive Ieet away Irom the side property line where ten Ieet is minimum required by
code. The site is located at 9109 Ghost Mountain Avenue, in an R-PD2 (Residential Planned
Development 2 Units per Acre) zoning district. The submitted elevations and Iloor plan
indicate that the structure will be 14 Ieet in height measured to the mid-point oI the eave and be
utilized as a workshop and casita with an outdoor shower. There are no kitchen Iacilities
associated with the proposal. The accessory structure has been designed to aesthetically match
the principle dwelling with exterior stucco a tile rooI and decorative light Iixtures to match the
existing residence.

Accessory structures in this residential development must adhere to Title 19.06 Development
Standards as the Site Development Plan Review |Z-0050-01(1)| conditions oI approval omit
minimum setback requirements Ior accessory structures. The subject property lot size is 15,682
square Ieet in size, which is consistent with the R-D (Single Family Residential-Restricted)
zoning district. Title 19.06 requires accessory structures in the R-D (Single Family Residential-
Restricted) zoning district to maintain a minimum distance separation oI ten Ieet Irom the rear
and side property lines. No substantial evidence has been presented to warrant the requested
Variance. The proposed structure can be redesigned to meet current code requirements. As such,
the hardship is selI-imposed and; thereIore, staII recommends denial oI this request.




resolution.
VAR-53871 PR1-53797]
JB


has created a selI-imposed hardship by proposing to construct a 861 square-Ioot Accessory
Structure (Class II) to be located nine Ieet Irom the rear property line where ten Ieet is minimum
required; and Iive Ieet away Irom the side property line where ten Ieet is minimum required by
code. The proposed Accessory Structure could be placed within an alternative location that will
allow Ior conIormance to Title 19 requirements. In view oI the absence oI any hardships imposed
by the site`s physical characteristics, it is concluded that the applicant`s hardship is preIerential
in nature, and it is thereby outside the realm oI NRS Chapter 278 Ior granting oI Variances.


NOTICES MAILED 237

APPROVALS 1

PROTESTS 0
04/24/14
PRJ-53797
VAR-53871
04/24/14
PRJ-53797
VAR-53871
06/10/14 PC
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04/24/14
PRJ-53797
VAR-53871
04/24/14
PRJ-53797
VAR-53871
04/24/14
PRJ-53797 VAR-53871

Agenda tem No.: 50.


SUB1ECT:
SUP-53909 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: LVCSD
SADDLE, LLC - OWNER: GRAGSON-BELTWAY BELCASTRO, LLC - For possible action
on a request Ior a Special Use Permit FOR A PRIVATE SCHOOL, PRIMARY USE on the west
side oI Rainbow Boulevard, approximately 610 Ieet north oI Craig Road (APNs 138-03-602-009
and 010), C-PB (Planned Business Park) Zone, Ward 4 (Anthony) |PRJ-53552|. StaII
recommends APPROVAL.



RECOMMENDATION:

1. Location and Aerial Maps - SUP-53909 and SDR-53910 |PRJ-53552|
2. Conditions and StaII Report - SUP-53909 and SDR-53910 |PRJ-53552|
3. Supporting Documentation - SUP-53909 and SDR-53910 |PRJ-53552|
4. Photos - SUP-53909 and SDR-53910 |PRJ-53552|
5. JustiIication Letter - SUP-53909 and SDR-53910 |PRJ-53552|
6. Support Postcard - SUP-53909 and SDR-53910 |PRJ-53552|

SUP-53909 and SDR-53910 PR1-53552]
SS


ITEM DESCRIPTION: APPLICANT: LVCSD SADDLE, LLC - OWNER: GRAGSON-
BELTWAY BELCASTRO, LLC


CASE
AUMBER
RECOMMEADA1IOA
REQUIRED FOR
APPROJAL
SUP-53909 StaII recommends APPROVAL, subject to conditions:
SDR-53910 StaII recommends APPROVAL, subject to conditions: SUP-53909

`` CONDITIONS ``

SbF-530 CONDIIIONS

Planning

1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Public or
Private School, Primary use.

2. Approval oI and conIormance to the Conditions oI Approval Ior Site Development Plan
Review (SDR-53910) shall be required.


SaIety.


SUP-53909 and SDR-53910 PR1-53552]
SS

Conditions Page Two

Public Works

7. There shall be an administrative review oI the vehicular circulation as it relates to the
adjacent public streets by the TraIIic Engineering Section oI the Department oI Public
Works within six months oI school opening. Comply with any recommendations oI the City
TraIIic Engineer made aIter this review.

SDk-5310 CONDIIIONS

Planning

53909) shall be required, iI approved.


3. All development shall be in conIormance with the site plan date stamped 05/19/14, and
landscape plan and building elevations, date stamped 04/28/14, except as amended by
conditions herein.

4. The wrought iron Ience along Balsam Street shall be reduced in height Irom six Ieet to Iive
Ieet in conIormance with Title 19.08.085.

5. An Exception Irom Title 19.08.040(F)(8) is hereby approved, to allow Iour trees along the
west property line where seven trees are required.

SaIety.


8. The applicant shall coordinate with the City Surveyor and other city staII 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 oI any building permits.
SUP-53909 and SDR-53910 PR1-53552]
SS


oI any traIIic control device. The technical landscape plan shall include the Iollowing
changes Irom the conceptual landscape plan:
Provide speciIications and dimensions Ior trees within the proposed Iive-Ioot
amenity zone in Balsam Street.



Public Works

12. Construct all incomplete halI-street improvements including appropriate transitional paving
(iI legally able) on Rainbow Boulevard and Balsam Street adjacent to this site concurrent
with development oI 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 oI this site. Extend all required underground utilities, such as electrical,
telephone, etc., located within public rights-oI-way, past the boundaries oI this site prior to
construction oI hard surIacing (asphalt or concrete).


14. No Parking is allowed on Rainbow Boulevard. The applicant shall install no parking signs
concurrent with on-site development activities.

15. Submit an Encroachment Agreement Ior landscaping and private improvements in the
Rainbow Boulevard and Balsam Street public rights oI way prior to the issuance oI permits
Ior these improvements. The applicant must carry an insurance policy Ior the term oI the
Encroachment Agreement and add the City oI Las Vegas as an additionally insured entity on
this insurance policy. II requested by the City, the applicant shall remove property
encroaching in the public right oI way at the applicant's expense pursuant to the terms oI the
City's Encroachment Agreement. The installation and maintenance oI all private
improvements in the public right oI way shall be the
SUP-53909 and SDR-53910 PR1-53552]
SS


responsibility oI the adjacent property owner(s) and shall be transIerred with the sale oI the
property Ior the entire term oI the Encroachment Agreement. Coordinate all requirements
Ior the Encroachment Agreement with the Land Development Section oI the Department oI
Building and SaIety (229-4836).

16. Meet with the Fire Protection Engineering Section oI the Department oI Fire Services to
discuss Iire requirements Ior this Site Plan Prior to submittal oI construction drawings Ior
this site. Fire Department access shall be maintained at all times per Fire Department
Standards.

17. A TraIIic Impact Analysis must be submitted to and approved by the Department oI Public
occur Iirst. Comply with the recommendations oI the approved TraIIic Impact Analysis
prior to occupancy oI the site. The TraIIic Impact Analysis shall also include a section
addressing Standard Drawings #234.1 #234.2 and #234.3 to determine additional right-oI-
way requirements Ior bus turnouts adjacent to this site, iI any, and shall include a section on
the installation oI school Ilashers on Rainbow Boulevard; dedicate all areas recommended
by the approved TraIIic Impact Analysis. All additional rights oI way required by Standard
Drawing #201.1 Ior exclusive right turn lanes and dual leIt turn lanes shall be dedicated
prior to or concurrent with the commencement oI on site development activities unless
speciIically noted as not required in the approved TraIIic Impact Analysis. Phased
compliance will be allowed iI recommended by the approved TraIIic Impact Analysis. No
recommendation oI the approved TraIIic Impact Analysis, nor compliance therewith, shall
be deemed to modiIy or eliminate any condition oI approval imposed by the Planning
Commission or the City Council on the development oI this site.

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

SUP-53909 and SDR-53910 PR1-53552]
SS

`` STAFF REPORT ``

PRO1ECT DESCRIPTION

The applicant is requesting to construct a new two-story public charter primary school (Grades
K-8) near the intersection oI Craig Road and Rainbow Boulevard. The site contains two parcels.
The eastern parcel Ironting Rainbow Boulevard contains a single-Iamily dwelling that will be
demolished. The western parcel is undeveloped. Parking Iacilities would Iace Rainbow
Boulevard. A pick up and drop oII area would be located along the north side oI the site, with
access Irom Balsam Street. An August 2015 opening is anticipated. As the proposed school is
appropriately located and conIorms to Title 19 and other City codes, staII recommends approval
with conditions. II denied, the project could not be constructed as proposed.

ISSUES

A Public or Private School, Primary is permitted in the C-PB (Planned Business Park) zoning
district with the approval oI a Special Use Permit.
The previous development entitlements Ior this site have expired, except Ior a Variance
(VAR-23892) that was exercised upon ordinance oI the rezoning to C-PB.
Pursuant to Title 19.08. 040(G)(4), as part oI the Site Development Plan Review request,
portions oI the site perimeter are proposed to contain chain link Iencing. StaII supports the
use oI such materials in the indicated locations only.
In order to promote saIety and the public`s general welIare, parking shall be prohibited along
Rainbow Boulevard iI approved, and school Ilashers must be installed along Rainbow
Boulevard.


Related Relevant City Actions by P&D, Fire, Bldg., etc.
12/03/03
The City Council approved the Annexation (ANX-2874) oI 4.39 acres on the
west side oI Rainbow Boulevard, approximately 315 Ieet south oI Red Coach
Avenue. The Planning Commission and staII recommended approval. The
annexation became eIIective 12/12/03.
05/17/05
A Code EnIorcement case (30040) was opened Ior high vegetation at 4491
North Rainbow Boulevard. The case was closed by Code EnIorcement on
06/24/05.
10/05/05
A Code EnIorcement case (35122) was opened Ior complaints concerning a
vacant house at 4491 North Rainbow Boulevard. The case was closed by
Code EnIorcement on 03/01/07.
SUP-53909 and SDR-53910 PR1-53552]
SS

04/09/07
vacant house with broken down Ience, trash/debris and travel trailer at 4491
North Rainbow Boulevard. The case was closed by Code EnIorcement on
04/30/07.
04/18/07
A Code EnIorcement case (52272) was opened Ior complaints concerning old
trailers, high weeds, reIuse and waste at 4532 Balsam Street. The case was
closed by Code EnIorcement on 06/06/07.
07/31/08
vacant house with trash and debris at 4491 North Rainbow Boulevard. The
case was closed by Code EnIorcement on 08/05/08.
The City Council approved a General Plan Amendment (GPA-28388) to
amend the land use designation on this site Irom O (OIIice) to LI/R (Light
Industrial/Research) on 5.62 acres at 4505 and 4515 Balsam Street, 4491
North Rainbow Boulevard and 2.39 acres on the east side oI Balsam Street
approximately 300 Ieet south oI Red Coach Avenue. The Planning
Commission recommended approval; staII recommended denial.
The City Council approved a Rezoning (ZON-28389) Irom R-E (Residence
Estates) and U (Undeveloped) |O (OIIice) General Plan Designation| to C-PB
(Planned Business Park) and M (Industrial) on 5.62 acres at 4505 and 4515
Balsam Street, 4491 North Rainbow Boulevard and 2.39 acres on the east side
oI Balsam Street approximately 300 Ieet south oI Red Coach Avenue. The
Planning Commission recommended approval; staII recommended denial.
The City Council approved a Variance (VAR-28392) to allow a 4.62-acre C-
PB District where 20 acres is the minimum site area allowed, and to allow a
10-Ioot side yard setback where 50 Ieet is required adjacent to a residential
district on the subject property. The Planning Commission recommended
approval; staII recommended denial.
The City Council approved a Petition to Vacate (VAC-28393) the
southernmost 85 Ieet oI Balsam Street, located approximately 300 Ieet south
oI Red Coach Avenue. The Planning Commission recommended approval;
staII recommended denial. The approval expired 08/20/09.
08/20/08
The City Council approved a Site Development Plan Review (SDR-28390)
Ior a proposed 51,250 square-Ioot warehouse center with 18,100 square Ieet
oI oIIice space, with waivers oI perimeter landscape standards on 5.62 acres
at 4505 and 4515 Balsam Street, 4491 North Rainbow Boulevard and 2.39
acres on the east side oI Balsam Street, approximately 300 Ieet south oI Red
Coach Avenue. The approval expired 11/20/10.
08/21/08
A Code EnIorcement case (68947) was opened Ior complaints concerning an
open and accessible vacant house at 4491 North Rainbow Boulevard. The
case was closed by Code EnIorcement on 10/14/08.
SUP-53909 and SDR-53910 PR1-53552]
SS

11/20/08
The Planning Commission approved a Major Amendment (SDR-30502) oI an
approved Site Development Plan Review (SDR-28390) Ior a 4,350 square-
Ioot increase in warehouse and 3,000 square-Ioot decrease in oIIice space to
an approved 63,250 square-Ioot oIIice and warehouse development on 4.62
acres on the west side oI Rainbow Boulevard, approximately 300 Ieet south oI
Red Coach Avenue. The approval expired 11/20/10.
02/19/09
A Code EnIorcement case (74673) was opened Ior a vagrant starting Iire in
the Iireplace oI vacant house at 4491 North Rainbow Boulevard. The case
was closed by Code EnIorcement on 04/06/09.
A Code EnIorcement case (79808) was opened Ior a temporary construction
site without an approved Temporary Commercial Permit at 4532 Balsam
Street. The case was closed by Code EnIorcement on 09/25/09.
07/13/09
A Code EnIorcement case (79812) was opened Ior high, dead vegetation at
4491 North Rainbow Boulevard. The case was closed by Code EnIorcement
on 08/03/09.
09/22/09
Department oI Planning staII issued a Temporary Commercial Permit (TCP-
36125) Ior a temporary construction yard on a portion oI the lot at 4532
Balsam Street in connection with development oI apartments located at 6885
West Lone Mountain Road. The permit approval expired 03/24/10.
12/15/09
A Code EnIorcement case (85005) was opened Ior complaints concerning an
open and accessible vacant house with graIIiti and vandalism at 4491 North
Rainbow Boulevard. The case was closed by Code EnIorcement on 01/14/10.
01/13/11
A Code EnIorcement case (97338) was opened Ior a temporary construction
site without an approved Temporary Commercial Permit at 4532 Balsam
Street. The case was closed by Code EnIorcement on 03/03/11.
02/28/11
Department oI Planning staII issued a Temporary Commercial Permit (TCP-
41077) Ior a temporary construction yard on a portion oI the lot at 4532
Balsam Street in connection with development oI apartments located at 6885
West Lone Mountain Road. The permit approval expired 08/28/11.


1967
A single-Iamily dwelling was constructed on the property at 4491 North
Rainbow Boulevard. The dwelling still exists.
SUP-53909 and SDR-53910 PR1-53552]
SS


04/01/14
Submittal requirements Ior Special Use Permit and Site Development Plan
Review applications were discussed. The applicant noted that access to the
site would be Irom both Balsam Street and Rainbow Boulevard; however, to
avoid stacking cars onto Rainbow Boulevard, this access would be required to
be coned oII during peak pick up and drop oII times. The development would
be considered a Project oI Regional SigniIicance. The applicant was
encouraged to hold a voluntary neighborhood meeting to discuss the project.

06/02/14
A neighborhood meeting is not required Ior the requested applications;
however, a voluntary neighborhood meeting was held at the Centennial Hills
YMCA at 6601 North BuIIalo Drive in Las Vegas to discuss the project.
Three members oI the public, three members oI the development team and
one staII member oI the Planning Department were in attendance.

The primary concern was that increased traIIic on Rainbow Boulevard due to
the drop-oII design would negatively impact leIt turn movements Irom
Painted Desert Drive onto Rainbow Boulevard.

Field Check
05/01/14
The site contains an existing single-Iamily dwelling that appears to be
unoccupied. The rest oI the property is undeveloped with the exception oI a
paved driveway and chain link Iencing around the perimeter.

Site Area
Net Acres 4.39

Surrounding
Property
Existing Land Use Per
1itle 19.12
Planned or Special
Land Use
Designation
Subject Property
Single Family,
Detached
LI/R (Light
Industry/Research)
C-PB (Planned Business
Park)
Church/House oI
Worship
U (Undeveloped)
North
Undeveloped
|Approved Commercial
Recreation/Amusement
(Indoor) Facility|
O (OIIice)
O (OIIice)
OIIice, Other Than
Listed South
Mini-Storage Facility
SC (Service
Commercial)
C-1 (Limited
Commercial)
SUP-53909 and SDR-53910 PR1-53552]
SS

Surrounding
Property
Existing Land Use Per
Title 19.12
Planned or Special
Land Use
Designation
East
Single Family,
Detached
M (Medium Density
Residential)
R-CL (Single Family
Compact-Lot)
OIIice, Other Than
Listed
LI/R (Light
Industry/Research)
M (Industrial)
West
Single Family,
Detached
O (OIIice)
R-E (Rural Estates
Residential) Clark County
Designation

A-O (Airport Overlay) District (175 Feet) Y
Trails N/A


Pursuant to 1itle 19.8, the following standards apply:
Min. Lot Size N/A 191,228 SF N/A
Min. Setbacks
Front (Rainbow Blvd)
Side
Front (Balsam St)

10 Feet
10 Feet
10 Feet

235 Feet
40 Feet
65 Feet

Y
Y
Y
Max. Lot Coverage N/A 17 N/A
Max. Building Height 5 Stories/85 Feet 2 Stories/38 Feet Y
Trash Enclosure
Screened, Gated, w/ a
RooI or Trellis
Screened, Gated, w/
a RooI or Trellis
Y
Mech. Equipment Screened Parapet screened Y
SUP-53909 and SDR-53910 PR1-53552]
SS


Residential Adjacency Standards Required/Allowed Provided Compliance
3:1 proximity slope 102 Feet 235 Feet Y
Adjacent development matching setback 10 Feet 235 Feet Y
Trash Enclosure N/A 32 Feet N/A

Required
Standards
Ratio 1rees
Provided

Compliance

BuIIer Trees:
North
South
East
West
28 Trees
18 Trees
13 Trees
7 Trees
28 Trees
30 Trees
18 Trees
4 Trees
Y
Y
Y
N
TOTAL PERIMETER TREES 66 Trees 80 Trees Y
Parking Area Trees
31 Trees 32 Trees Y
TurI Limitations N/A (schools permitted)
approx.
14,600 SF
N/A
Min. Zone Width
North
South
East
West
8 Feet
8 Feet
15 Feet
15 Feet
8 Feet
8 Feet
15 Feet
15 Feet
Y
Y
Y
Y
Wall Height 6 to 8 Feet Adjacent to Residential
6 Ieet along
north and
south PL
Y

Street Aame
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Rainbow Boulevard Major Collector
Master Plan oI Streets
and Highways Map
90 Y
Balsam Street Minor Collector
Title 19.04.200
Complete Streets
60 Y
SUP-53909 and SDR-53910 PR1-53552]
SS


Parking Requirement
Parking Parking
Use
Cross Floor
Area or
Aumber of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Public or
Private
School,
Primary
44 classrooms
3 spaces
per
classroom
132


137

Y
Loading
Spaces
54,000 SF
50,000 3,
plus 1 per
100,000
SF or
Iraction
thereoI
4 4 Y

Exceptions
One 24 box tree per 30 linear Ieet
adjacent to commercial/industrial
uses (total oI 7 trees required)
To allow 4 trees within the west
perimeter buIIer
Approval

ANALYSIS

As submitted, the proposal conIorms to the development standards Ior the C-PB zoning district,
which was approved Ior the site under previous entitlements. The development-speciIic
entitlements have all expired. Per Title 19.08.040(G)(2), a minimum six-Ioot wall shall be
constructed between this site and the residentially zoned church property to the north; the
required wall is proposed, as well as an existing wall along the south property line. Wrought
iron Iencing painted to match the building color would be provided along Balsam Street and on
the east side oI the day care and kindergarten playground area; the remainder oI the site would be
enclosed by partially screened chain link Iencing. The Department oI Planning has determined
that the locations where chain link is proposed would not directly Iace rights-oI-way and would
not have a negative visual impact on the site. In order to conIorm to Title 19.08 wall and Ience
standards, the wrought iron Ience height must be reduced Irom six Ieet to Iive Ieet along Balsam
Street.
SUP-53909 and SDR-53910 PR1-53552]
SS


Single-Iamily properties to the west and east oI the site are protected Irom nonresidential
development by Title 19.08.040. The submitted elevations show a 3:1 Proximity Slope line on
the north and south elevations into the protected properties to the east that demonstrates
conIormance with the standards. It is noted that the church use to the north is not subject to
Residential Adjacency Standards and the location oI the trash enclosure may be within 50 Ieet oI
the property line.

Landscaping is provided within conIorming buIIers on all sides oI the site. An exception is
needed to allow Iewer trees along Balsam in order to accommodate a turIed play area. StaII
supports the exception, as screening oI the Iield area is not needed, similar to the edges oI parks.

Access to the site will be Irom both Balsam Street and Rainbow Boulevard; however, the
primary access is Irom Balsam Street. To avoid stacking cars onto Rainbow Boulevard, the east
access will be coned oII during peak pick up and drop oII times. In addition, parking will be
prohibited along Rainbow Boulevard and school Ilashers must be provided. A TraIIic Impact
Analysis will be required.

The existing single-Iamily dwelling is currently on a septic system; as part oI this development,
the septic must be removed and the school must be hooked up to city sewers. A drainage study
will also be required.

The elevations indicate a two-story building consisting primarily oI a painted plaster exterior
with aluminum accents. Details are carried to all sides oI the building. Windows are provided at
regular intervals. The building contains suIIicient relieI and variation, and the rooIline is broken
up by a slightly taller central element. An exterior stairwell is screened by a metal awning
supported by CMU posts. The building heights proposed will be well under the 175-Ioot
restriction oI the Airport Overlay District, oI which this site is a part. The ground level consists
oI classrooms, ancillary storage, administrative oIIices, a staII lounge, a multipurpose room and
kitchen Iacilities, while the upper Iloor consists solely oI classrooms.

Remapping oI the site will be necessary to combine the two existing lots, which will allow Ior
the building to be placed in the proposed location. Once remapped, the property would become a
through lot (or double Irontage lot), in which the building setback along both Rainbow
Boulevard and Balsam Street would be 10 Ieet.

HalI-street improvements are to be constructed on Balsam Street to 19.04 Minor Collector
standards, which include provision Ior a Iive-Ioot sidewalk and Iive-Ioot amenity zone. Along
Rainbow Boulevard, only extension oI the existing sidewalk section north and south oI the site is
required. Both requirements are indicated by the submitted site development plan.

Properties requiring a Special Use Permit that are within 500 Ieet oI properties in Clark County
are deemed Projects oI Regional SigniIicance per Title 19.16.010(F). An impact assessment was
sent to aIIected entities; no comments were received Irom these entities.
SUP-53909 and SDR-53910 PR1-53552]
SS


The Public or Private School, Primary use is permitted with approval oI a Special Use Permit.
This use is deIined as 'An institution that provides kindergarten through 8th grade education and
is supported by a public, religious or private organization. The proposed use meets the
deIinition, as the subject development includes a public charter institution providing classes Ior
kindergarten through 8th grade supported by a private organization.


1. Adequate pick-up and drop-oII areas must be provided on-site.

The proposea use meets this requirement, as a 24-foot one-way lane proviaes for a 100-
foot long pick-up ana arop-off :one along the north siae of the site.

The school is located near existing residential developments to the north, south and east oI the
subject site. Its planned capacity is 1,000 students, and 44 classrooms are provided. As
potentially more intense uses may be located west oI the proposed location, the school can act as
a buIIer between these uses and the single-Iamily residential uses east oI Rainbow Boulevard.




The proposed public charter school is appropriate in proximity to existing single-Iamily
residential uses to the north and east, with an existing church to the north and commercial
oIIice to the south. The use can be compatible with proposed oIIice and industrial uses to
the west and act as a buIIer Irom existing single-Iamily development.


Containing nearly Iive acres, the site is large enough to accommodate the school building,
ancillary recreational areas and parking in conIormance with Title 19 requirements.

SUP-53909 and SDR-53910 PR1-53552]
SS


The site would be served by Rainbow Boulevard, a 90-Ioot wide Major Collector as
depicted by the Master Plan oI Streets and Highways, and Balsam Street, a 60-Ioot wide
Minor Collector that would be improved to Title 19 Complete Streets Standards. These
roadway Iacilities will be adequate to meet the needs oI the proposed use with
implementation oI the conditions oI approval.

General Plan.

The public saIety, health and welIare will be protected by the school`s design and through
implementation oI conditions oI approval requiring various permits, inspections and
proIessional studies prior to commencement oI the use.


The proposed Public or Private School, Primary use meets the special use permit
requirement Ior an adequate pick-up and drop-oII area.




The proposed primary school is located near major streets and within proximity oI several
residential areas, making it an appropriate location. The existing zoning oI the property
allows this use, the development oI which is compatible with an existing church to the
north, oIIice and mini-storage Iacility to the south, and oIIices and single-Iamily residences
to the west and east.


The proposed school development is consistent with Title 19 standards Ior C-PB zoned
properties, with the exception oI the provision oI suIIicient buIIer trees along Balsam
Street. StaII supports the lack oI trees adjacent to the turIed Iield area.
SUP-53909 and SDR-53910 PR1-53552]
SS

Staff Report Page Eleven


II approved, the development will be subject to a traIIic impact analysis that will determine
the extent oI any eIIects the proposed school development may have on the surrounding
streets. Primary access to the site and the pick-up/drop-oII area will be Irom Balsam
Street. The Rainbow Boulevard access shall be blocked during peak hours to avoid traIIic
queuing into a Major Collector street.


The materials used Ior construction oI the proposed school are typical Ior those used Ior
other institutional uses and oIIices in this area. Shade trees such as Rio Grande Ash and
Purple Robe Locust are appropriately used along the perimeter oI the site. Chinese
Pistache trees will provide shade and cooling properties in the proposed parking lot.


The submitted elevations show an aesthetically pleasing building with variations in
exterior color, materials, rooIlines and wall planes. The design characteristics are
compatible with other existing buildings in the area.

general welfare.

The proposed development will be subject to permit review and inspection through state
and local agencies, thereby protecting the public health, saIety and general welIare.


NOTICES MAILED 240

APPROVALS 1

PROTESTS 0
04/28/14
PRJ-53552
SUP-53909
04/28/14
PRJ-53552
SUP-53909
04/28/14
PRJ-53552
SUP-53909
06/10/14 PC
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March 24, 2014
City of Las Vegas

333 North Rancho Drive
Las Vegas, NV 89106
RE:
J ustification Letter Special Use Permit & Site Development Plan Review
Somerset Academy Rainbow Charter School
4491 North Rainbow / 4532 Balsam Street
APN: 13803602010 & 13803602009
We are requesting Special Use Permit and Site Development Plan Review to allow a K8 Public Charter School
campus to be developed on this site. The sites Land Use is CPB and they are zoned Planned Business Park District.
The student capacity for the school is approximately 1,000 students and includes grades Kindergarten through 8
th
.
The location is ideal for a school. It has close proximity to substantial existing residential developments to the
north, south and east. To the west across Balsam there exists both residential and industrial use (planned for
professional office). The school will act as a buffer between the existing residential to the east and potentially
more intense future uses to the west.
Pick up and drop off traffic will enter the site from Balsam, circulate around the perimeter of the site, and exit the
site back on Balsam north. This circulation pattern provides ample automobile stacking space on site.
The school will operate between approximately 8am and 3pm. There will be as many as 2 bell times. Occasionally,
there will be after school events.
The project will implement sustainable strategies. Some of these strategies include energyefficient mechanical
systems, low flow water fixtures, occupancy lighting sensors, and the use of local materials. The buildings have
also been designed to maximize the use of natural daylighting in most classrooms.
This proposed project is appropriate for this site, because there are nearby residential properties that could take
advantage of this use.
Sincerely,
J ohn Lopeman, AIA
04/28/14
PRJ-53552
SUP-53909 & SDR-53910

Agenda tem No.: 51.


SUB1ECT:
SDR-53910 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-53909 - PUBLIC
HEARING - APPLICANT: LVCSD SADDLE, LLC - OWNER: GRAGSON-BELTWAY
BELCASTRO, LLC - For possible action on a request Ior a Site Development Plan Review FOR
A PROPOSED TWO-STORY, 54,000 SQUARE-FOOT PRIVATE SCHOOL, PRIMARY on
4.39 acres on the west side oI Rainbow Boulevard, approximately 610 Ieet north oI Craig Road
(APNs 138-03-602-009 and 010), C-PB (Planned Business Park) Zone, Ward 4 (Anthony) |PRJ-
53552|. StaII recommends APPROVAL.



RECOMMENDATION:

paper use, backup
04/28/14
PRJ-53552
SDR-53910
04/28/14
PRJ-53552
SDR-53910
04/28/14
PRJ-53552
SDR-53910
06/10/14 PC
SDR 53910
LVCSD Saddle, LLC
W side of Rainbow Blvd., N of Craig Rd.
Proposed 1000 student school.
RATE/#
UNIT TOTAL
2.48 2,480
PM Peak Hour of generator 0.58 580
Rainbow Boulevard
Craig Road
Rainbow Boulevard 16,400
Craig Road 51,800
This project is expected to add about 2,480 trips per day on Rainbow Blvd. & Craig Rd. Currently, Rainbow is at 51% of
capacity and Craig is at 63% of capacity. With this project, Rainbow is expected to be at about 67% of capacity and
Craig is expected to be at about 68% of capacity.
Based on Peak Hour use, this project will add about 810 trips in the peak hour, or about 27 cars every two minutes.

Agenda tem No.: 52.


SUB1ECT:
SUP-53624 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: WALGREEN
CO. - OWNER: PPLAND, LP - For possible action on a request Ior a Special Use Permit FOR
AN ACCESSORY PACKAGE LIQUOR OFF-SALE USE WITHIN AN EXISTING 14,820
SQUARE-FOOT GENERAL RETAIL ESTABLISHMENT at 7755 North Durango Drive (APN
125-17-611-002), T-C (Town Center) Zone |SC-TC (Service Commercial - Town Center)
Special Land Use Designation|, Ward 6 (Ross) |PRJ-53329|. StaII recommends APPROVAL.



RECOMMENDATION:

1. Location, Aerial and Special Maps
4. Photos

SUP-53624 PR1-53329]
GK


ITEM DESCRIPTION: APPLICANT: WALGREEN CO. - OWNER: PPLAND, LP


CASE
AUMBER
RECOMMEADA1IOA
REQUIRED FOR
APPROJAL

`` CONDITIONS ``

SbF-5324 CONDIIIONS

Planning

1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior an Accessory
Package Liquor OII-Sale use.


SaIety.


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

6. This business shall operate in conIormance to Chapter 6.50 oI the City oI Las Vegas
Municipal Code.

SUP-53624 PR1-53329]
GK

`` STAFF REPORT ``

PRO1ECT DESCRIPTION

This application is a request Ior a Special Use Permit Ior a Retail Establishment with Accessory
Package Liquor OII-Sale use within an existing 14,820 square-Ioot retail building at 7755 North
Durango Drive. The applicant is requesting 175 square Ieet oI Iloor space dedicated to the sale oI
alcoholic beverages, which represents less than two percent oI the total retail Iloor space. The
subject site is an existing shopping center, which provides cross-access and shared parking
throughout the entire commercial center. The proposed use meets the Minimum Special Use
Requirements and is not within 400 Ieet oI any protected uses. As such, staII recommends
approval with conditions. II denied, no alcohol may be sold on the premises.

ISSUES

A Special Use Permit is required Ior a Retail Establishment with Accessory Package
Liquor OII-Sale use in the SC-TC (Service Commercial Town Center) Special Land
Use designation.
The proposed Iloor area dedicated to the package liquor use is 175 square Ieet, which is
less than two percent oI the 14,820 square Ieet oI total retail Iloor area.


12/07/98
The City Council approved a Rezoning (Z-0076-98) on property located
within the area designated as Town Center Irom U (Undeveloped), R-E
(Residence Estates), R-PD7 (Residential Planned Development 7 Units per
Acre), R-PD11 (Residential Planned Development 11 Units per Acre), R-
PD13 (Residential Planned Development 13 Units per Acre), R-PD18
(Residential Planned Development 18 Units per Acre), R-CL (Single
Family Compact-Lot), C-1 (Limited Commercial), C-2 (General
Commercial), C-V (Civic) and PD (Planned Development) zones to T-C
(Town Center) on approximately 1,468 acres. Planning Commission and staII
SUP-53624 PR1-53329]
GK

01/07/04
The City Council approved a Site Development Plan Review (SDR-3191) Ior
a 23,320 square-Ioot commercial building with a waiver oI the Town Center
Build-To-Street standards on 4.91 acres located at the northwest corner oI
Durango Drive and El Capitan Way. Planning Commission and staII
recommended denial.
01/22/04
The Planning Commission approved a Tentative Map (TMP-3272) Ior a two-
lot commercial subdivision on 4.91 acres located at the northwest corner oI
Durango Drive and El Capitan Way. StaII recommended approval.
04/30/04
StaII administratively approved a Final Map (FMP-4252) Ior a two-lot
commercial subdivision located at the northwest corner oI Durango Drive and
El Capitan Way. The Final Map was recorded on 01/13/05.
03/15/06
The City Council approved a Major Amendment (SDR-11203) oI a
previously approved Site Development Plan Review (SDR-3191) to eliminate
pad sites 'B and 'C and substitute with three pad sites, 'B, 'C and 'D to
consist oI 40,220 square Ieet oI retail space with oI waiver oI the Town
Center Build-To-Line Standards on 4.91 acres located at the northwest corner
oI Durango Drive and El Capitan Way. Planning Commission and staII
The City Council approved a Site Development Plan Review (SDR-23107)
Ior a 14,028 square-Ioot General Retail building with a waiver oI perimeter
landscape standards to allow a zero-Ioot landscape buIIer where eight Ieet is
required along 64 Ieet oI the east property line. The entitlement combined pad
sites 'B and 'C Irom a previously approved Site Development Plan Review
(SDR-3191) with subsequent amendments, bringing the total square-Iootage
oI the shopping center to 44,948 square Ieet on 4.91 acres located at the
northwest corner oI Durango Drive and El Capitan Way. Planning
Commission and staII recommended denial.
11/07/07
The City Council approved a Variance (VAR-23108) to allow a 20-Ioot
residential adjacency setback where 87 Ieet is the minimum required Ior a
14,028 square-Ioot general retail building located at the northwest corner oI
Durango Drive and El Capitan Way. Planning Commission and staII
recommended denial.
08/18/10
The City Council denied a Special Use Permit (SUP-38211) Ior a 74 square-
Ioot Accessory Package Liquor OII-Sale use within an existing 14,820
square-Ioot retail establishment at 7755 North Durango Drive. Planning
Commission recommended denial. StaII recommended approval.

SUP-53624 PR1-53329]
GK


06/09/04
A building permit (#4014747) was issued Ior a certiIicate oI occupancy Ior a
14,820 square-Ioot commercial building at 7755 North Durango Drive. The
permit was Iinalized on 02/25/05.
06/09/04
A building permit (#4014746) was issued Ior on-site hardscapes. The permit
never received a Iinal inspection and expired on 12/11/04.
07/07/04
A building permit (#4017017) was issued Ior onsite sewer, water and Iire. The
permit never received a Iinal inspection and expired on 05/07/05.
03/09/05
A business license (C05-02366) was issued Ior general retail (Tobacco) at
7755 North Durango Drive. The license is still active.
03/09/05
A business license (D11-00211) was issued Ior general retail (Drug Store) at
03/09/05
A business license (P55-00145) was issued Ior general retail (Pharmacy) at

03/18/14
StaII met with the representative to discuss the proposal to locate an
Accessory Package Liquor OII-Sale use within an existing retail
establishment. StaII concluded that a Special Use Permit would be required to
do so. The submittal requirements Ior a Special Use Permit were discussed.

05/29/14
Meeting Start Time: 6:30 pm Meeting End Time: 7:15 pm
Attendance: 2 members oI the public
4 members oI the development team
2 members oI Planning
Concerns:
Citizen was opposed to the Special Use Permit (SUP) as the additional
use would lead to the oversaturation oI package liquor, which in turn
leads to an increase in crime, as well as chronic inebriation.
The addition oI alcohol leads to the degradation neighborhoods over
the course oI time.
Comments pertaining to the City utilizing saturation standards were
made and the example oI Fremont Street was brought up.
A citizen stated that the 'they wanted to be good neighbors and hope
that Walgreens will be too.
A citizen recalled that the original representation oI the Walgreens in
2000 to 2001 presented that there would be no alcohol at this location.
The applicant stated that they will reduce the size oI the area already
submitted to Planning StaII. StaII advised the applicant that a revised
justiIication letter and Iloor plan would be required by the morning oI
June 2nd, 2014.
SUP-53624 PR1-53329]
GK


Field Check
05/01/14
StaII conducted a routine Iield check and noted a well maintained shopping
center Iree oI trash and debris.

Site Area
Gross Acres 4.91

Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Subject Property Shopping Center T-C (Town Center)
SC-TC (Service
Commercial Town
Center)
North
Single Family
Residence
PCD (Planned
Community
Development)
R-CL (Single Family
Compact-Lot)
South Shopping Center T-C (Town Center)
SC-TC (Service
Commercial Town
Center)
East Shopping Center
PCD (Planned
Community
Development)
R-CL (Single Family
Compact-Lot)
West
Single Family
Residence
T-C (Town Center)
SC-TC (Service
Commercial Town
Center)

Town Center Master Plan Y
T-C (Town Center) District Y
Trails Y

SUP-53624 PR1-53329]
GK



Street Aame
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Durango Drive Parkway
Town Center
Development Standards
Manual

120 Y
El Capitan Way Primary Arterial
Town Center
Manual
100 Y

Parking Requirement
Parking Parking
Use
Cross Floor
Area or
Aumber of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Shopping
Center
44,948 SF 1:250 180


190

Y

ANALYSIS

The proposed use is located within the Town Center Master Plan area. The property is zoned SC-
TC (Service Commercial Town Center), which intends to encourage low to medium intensity
retail, oIIice or other commercial uses. The proposed Retail Establishment with Accessory
Package Liquor OII-Sale use is permissible in the SC-TC (Service Commercial Town Center)
Special Land Use Designation with the approval oI a Special Use Permit.

In 2010, City Council denied an identical request Ior a Special Use Permit (SUP-38211) Ior an
Accessory Package Liquor use within the same 14,820 square-Ioot retail establishment at 7755
North Durango Drive. Planning Commission recommended denial. StaII recommended approval,
oI the original request, as the proposed use met all Title 19 minimum requirements.

The applicant is again requesting an Accessory Package Liquor use within a 14,820 square-Ioot
retail establishment at 7755 North Durango Drive. The Retail Establishment with Accessory
Package Liquor OII-Sale use is deIined as 'a retail establishment:
SUP-53624 PR1-53329]
GK


1. Whose license to sell alcoholic beverages authorizes their sale to consumers only and
not Ior resale, in original sealed or corked containers, Ior consumption oII the premises
where the same are sold; and

2. In which the sale oI alcoholic beverages is ancillary to the retail use, and in which no
more than 10 percent oI the retail Iloor space is regularly devoted to the display or
merchandising oI alcoholic beverages.

This use includes an establishment that provides on-premises wine, cordial and liqueur tasting iI
the licensee also holds a wine, cordial and liqueur tasting license Ior that location.

The proposed use meets the deIinition outlined above, as the provided Iloor plan and justiIication
letter detail the intent to sell alcoholic beverages in conjunction with an existing retail
establishment. Furthermore, the applicant has indicated that 175 square Ieet oI the existing
14,820 square Ieet oI retail Iloor area would be utilized Ior packaged liquor, which represents
less than two percent oI the total Iloor area.

1. Except as otherwise provided, no retail establishment with accessory package liquor oII-sale
(hereinaIter 'establishment) shall be located within 400 Ieet oI any church/house oI worship,
school, individual care center licensed Ior more than 12 children, or City park.

The proposea use meets this requirement, as there are no protectea uses within 400 feet of the
subfect property.

* 2. Except as otherwise provided in Requirement 3 below, the distances reIerred to in
Requirement 1 shall be determined with reIerence to the shortest distance between two property
lines, one being the property line oI the proposed establishment which is closest to the existing
use to which the measurement pertains, and the other being the property line oI 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 oI measurement, the term 'property line
reIers to property lines oI Iee interest parcels and does not include the property line oI:

a. Any leasehold parcel; or

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

The proposea use meets this requirement, measurement is taken from the existing property line
of the commercial subaivision locatea at the northeast corner of Durango Drive ana El Capitan
Way.
SUP-53624 PR1-53329]
GK


* 3. In the case oI an establishment proposed to be located on a parcel oI at least 80 acres in size,
the minimum distances reIerred to in Requirement 1 shall be measured in a straight line:

a. From the nearest property line oI the existing use to the nearest portion oI the structure
in which the establishment will be located, without regard to intervening obstacles; or

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

This requirement aoes not apply to the proposea use, as the parcel on which it is proposea is less
than 80 acres in si:e.

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

This requirement aoes not apply to the proposea use, as no aistance 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 beIore July 1, 1992 or in connection with a resort
hotel having in excess oI 200 guest rooms aIter July 1, 1992; or

b. A proposed establishment having more than 50,000 square Ieet oI retail Iloor space.

Neither conaition applies to the proposea use.

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

The proposea use will meet this requirement, as a conaition of approval requires the
conformance to Chapter 6.50 of the City of Las Jegas Municipal Coae.

7. The minimum distance requirements set Iorth in Requirement 1, which are otherwise
nonwaivable under the provisions oI LVMC 19.12.050(C), may be waived:
SUP-53624 PR1-53329]
GK


a. In accordance with the provisions oI LVMC 19.12.050(C) Ior any establishment which
is proposed to be located on a parcel within the Downtown Casino Overlay District;

b. In accordance with the applicable provisions oI the 'Town Center Development
Standards Manual Ior 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 Ieet and
50,000 square Ieet oI retail Iloor space; or

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

This requirement aoes not apply to the proposea use, as the use meets Requirement 1 outlinea
above.

The proposed Retail Establishment with Accessory Package Liquor OII-Sale use would be
located within an established shopping center with retail and restaurant uses located on the site
interior. The existing shopping center provides cross-access and shared parking throughout the
entire commercial center. No additional parking is required Ior the proposed use, as the parking
requirements were addressed during the original development oI the site. There are no protected
uses within 400 Ieet oI the subject property and the proposed use adheres to all Minimum Special
Use Requirements as outlined in Title 19.12. As such, the use is compatible with the surrounding
land uses and staII recommends approval with conditions.




The proposed Retail Establishment with Accessory Package Liquor OII-Sale use is located
within a shopping center with similar uses and can be operated in a manner that is
harmonious and compatible with existing surrounding land uses, and with Iuture
surrounding land uses as projected by the General Plan.
SUP-53624 PR1-53329]
GK



The proposed intensity oI a Retail Establishment with Accessory Package Liquor OII-Sale
use is suitable Ior this location and the surrounding uses.


Access to the subject site is provided by Durango Drive, a 120-Ioot wide Parkway and El
Capitan Way, a 100-Ioot wide Primary Arterial as designated by the Town Center
Development Standards. The streets provide adequate access Ior the proposed Retail
Establishment with Accessory Package Liquor OII-Sale use.

General Plan.

Approval oI a Special Use Permit Ior the Retail Establishment with Accessory Package
Liquor OII-Sale use will not compromise the public health, saIety, or general welIare as
the use would be subject to regular inspections and licensing requirements.


The Retail Establishment with Accessory Package Liquor OII-Sale use meets the
applicable minimum requirements oI the Town Center Development Standards and Title
19.


NOTICES MAILED 781

APPROVALS 0

PROTESTS 0
04/09/14
PRJ-53329
SUP-53624
04/09/14
PRJ-53329
SUP-53624
06/10/14 PC
0
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2
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3
6
2
4
06/02/14
PRJ-53329
S
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3
6
2
4

-

R
E
V
I
S
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D
06/02/14
PRJ-53329
SUP-53624 - REVISED
S
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06/02/14
PRJ-53329
SUP-53624 - REVISED
06/02/14
PRJ-53329
SUP-53624 - REVISED

Agenda tem No.: 53.


SUB1ECT:
SUP-53828 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: INTERSTATE
PROPERTIES, INC. - OWNER: RIO VISTA PLAZA, LLC - For possible action on a request
Ior a Special Use Permit FOR A PROPOSED AUTO TITLE LOAN USE at 7145 West Ann
Road, Suite #110 (APN 125-34-515-004), PD (Planned Development) Zone, Ward 4 (Anthony)
|PRJ-53712|. StaII recommends APPROVAL.



RECOMMENDATION:

4. Photos

SUP-53828 PR1-53712]
YK


ITEM DESCRIPTION: APPLICANT: INTERSTATE PROPERTIES, INC. - OWNER:
RIO VISTA PLAZA, LLC


CASE
AUMBER
RECOMMEADA1IOA
REQUIRED FOR
APPROJAL

`` CONDITIONS ``

SbF-53828 CONDIIIONS

Planning

1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior an Auto Title
Loan use.

2. All signage shall be permitted and meet minimum code requirements within 30 days oI Iinal
approval.


SaIety.


SUP-53828 PR1-53712]
YK

`` STAFF REPORT ``

PRO1ECT DESCRIPTION

This is a request Ior a Special Use Permit Ior a proposed Auto Title Loan use in an existing
shopping center located at the southeast corner oI Ann Road and Drexel Road. The subject
location is appropriate Ior the intensity oI the use, no waivers are needed and the use can be
conducted in a manner that is harmonious and compatible with existing uses in the shopping
center. For these reasons, staII is recommending approval. II denied, an Auto Title use would
not be permitted at this site.

ISSUES

A Special Use Permit is required to allow an Auto Title Loan use in a PD (Planned
Development) zone. StaII supports this request.


12/08/97
The City Council approved Rezoning (Z-0074-97) Irom: U (Undeveloped)
Zone |ML (Medium Low Density Residential) General Plan designation| to:
PD (Planned Development) on the southwest corner oI Ann Road and Rio
Vista Street. StaII recommended approval and the Planning Commission
recommended denial.


No related permits on Iile.

SUP-53828 PR1-53712]
YK


04/16/14
StaII met with the applicant and reviewed the requirements under the Rio
Vista Development Agreement. An Auto Title Loan use is permitted with a
Special Use Permit in a PD (Planned Development) zoning district as it Ialls
under a Financial Institution Without Drive-Through use category.

05/21/14
A voluntary meeting was held at the Centennial Hills Library Irom 5:30 to
6:10. Two representatives Ior the applicant and one staII member Irom Ward
4 attended. No members oI the public were present.

Field Check
05/01/14
StaII visited the site and Iound a well maintained shopping center with Suite
#110 vacant.

Site Area
Net Acres 18.60

Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Subject Property Shopping Center
SC (Service
Commercial)
PD (Planned
Development)
ML (Medium Low
R-CL (Single Family
Compact-Lot)
North
Single Family
Detached L (Low Density
Residential)
R-1 (Single Family
Residential)
South
Motor Vehicle Sales
(New)
GC (General
Commercial)
C-2 (General
Commercial)
East
Single Family
Detached
ML (Medium Low
R-CL (Single Family
Compact-Lot)
West
Motor Vehicle Sales
(New)
GC (General
Commercial)
C-2 (General
Commercial)
SUP-53828 PR1-53712]
YK


PD (Planned Development) District Rio Vista Y
Trails N/A


Street Aame
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Ann Road Primary Arterial
Planned Streets and
Highways Map
100 Y
Drexel Road N/A N/A 40 N/A
Rio Vista Road N/A N/A 50 N/A

Parking Requirement
Parking Parking
Use
Cross Floor
Area or
Aumber of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Shopping
Center
169,084 SF
One space
per 250
SF
677


806

Y
Loading
Spaces
169,084
3 Ior Iirst
50,000 SF
then 1 Ior
each
100,00 SF
5 5 Y
SUP-53828 PR1-53712]
YK


ANALYSIS

Per Title 19, the PD (Planned Development) district may be used Ior oIIice, retail, entertainment
or commercial uses or Ior mixed-use developments where commercial and residential uses are
combined. The uses permitted at the subject site are similar to those permitted in the C-1
(Limited Commercial) district. The Title 19 use requirements apply as stated in the Rio Vista
Plaza Master Development Plan; thereIore, the proposed Auto Title Loan use is permitted with a
Special Use Permit.

The Auto Title Loan use is deIined as 'a business whose primary Iunction is to lend money on
the security oI the title to a motor vehicle rather than on the security oI the vehicle itselI. The
proposed use meets the deIinition as stated in the justiIication letter.


1. The use shall comply with all applicable requirements oI LVMC Title 6.
The property will be subfect to regular inspections by business licensing.

2. The building design and color scheme shall be subject to review by the Department to ensure
that it will be harmonious and compatible with the surrounding area.
The location is within an existing shopping center that has a harmonious ana compatible
aesign.

3. No temporary signs (as described in LVMC 19.08.120(G)) such as balloons, inIlated devices,
searchlights, pennants, portable billboards, portable signs, streamers, trucks parked Ior signage
purposes, or other similar devices are permitted, except that banners announcing a 'grand
opening or that a business is 'coming soon may be approved administratively Ior a period
not to exceed 30 days.
The applicant was informea of this conaition ana agreea to aahere to it auring the pre-
application meeting.

4. Window signs shall not:
a. Cover more than 20 percent oI the area oI all exterior windows;
b. Include Ilashing lights or neon lighting; or
c. Include any text other than text that indicates the hours oI operation and whether the
business is open or closed.
The applicant agreea to all conaitions of an Auto Title Loan use auring the requirea pre-
application meeting.

5. The hours oI operation shall not extend beyond the hours oI 8:00 a.m. to 11:00 p.m.
The applicant states in their fustification letter that the hours of operation are Monaay thru
Friaay 9.00 a.m. to 5.30 p.m. ana Saturaay 9.00 a.m. to 1.00 p.m.
SUP-53828 PR1-53712]
YK


6. The building or portion thereoI that is dedicated to the use shall have a minimum size oI 1500
square Ieet, and shall be designed to have suIIicient interior space to provide Ior adequate
customer waiting areas, customer queuing, and transaction space (such as 'teller windows or
desks).
The submittea floor plan inaicates the suite is 1,500 square feet.

7. No auto title loan use may be located closer than 200 Ieet Irom any parcel used or zoned Ior
residential use. In addition, no auto title loan use may be located closer than 1000 Ieet Irom
any other auto title loan use, auto pawn use or speciIied Iinancial institution use. For purposes
oI this Requirement 7, distances shall be measured in a straight line Irom property line to
property line, without regard to intervening obstacles. The term 'property line reIers to
property lines oI Iee interest parcels and not leasehold parcels.
There are no restrictea uses locatea within 200 feet of the proposea location ana therefore, no
waivers are requirea.




The Auto Title Loan use is appropriate Ior the PD (Planned Development) zone. The
proposed use is compatible with the SC (Service Commercial) General Plan land use
designation and can be conducted in a harmonious manner.


The site is physically suitable Ior this type oI use and the intensity is appropriate in this
area oI the City. Ample site access is provided and adequate parking is being provided Ior
this shopping center.


The subject site is accessed by Ann Road, Drexel Road and Rio Vista Street. All streets
are suIIicient to accommodate the number oI vehicular trips associated with the proposed
use.
SUP-53828 PR1-53712]
YK


General Plan.

Approval oI this Special Use Permit will not compromise public health, saIety, or welIare,
as the proposed Auto Title Loan use will be subject to regular inspections.


All requirements Ior an Auto Title Loan use in Title 19.12 are being met


NOTICES MAILED 343

APPROVALS 0

PROTESTS 0

04/23/14
PRJ-53712
SUP-53828
04/23/14
PRJ-53712
SUP-53828
04/23/14
PRJ-53712
SUP-53828
06/10/14 PC
04/23/14
PRJ-53712
SUP-53828
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PRJ-53712
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04/23/14
PRJ-53712
SUP-53828
04/23/14
PRJ-53712

Agenda tem No.: 54.


SUB1ECT:
SUP-53829 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: CHIPOTLE
MEXICAN GRILL, INC. - OWNER: WRI CHARLESTON COMMONS, LLC - For possible
action on a request Ior a Special Use Permit FOR A BEER/WINE/COOLER ON-SALE
ESTABLISHMENT USE WITHIN A PROPOSED 2,400 SQUARE-FOOT RESTAURANT at
111 North Nellis Boulevard, Suite #150 (APN 140-32-802-007), C-1 (Limited Commercial)
Zone, Ward 3 (CoIIin) |PRJ-53735|. StaII recommends APPROVAL.



RECOMMENDATION:

4. Photos

SUP-53829 PR1-53735]
RG


ITEM DESCRIPTION: APPLICANT: CHIPOTLE MEXICAN GRILL, INC. - OWNER:
WRI CHARLESTON COMMONS, LLC


CASE
AUMBER
RECOMMEADA1IOA
REQUIRED FOR
APPROJAL
SUP-53829 StaII recommends APPROVAL, subject to conditions: N/A

`` CONDITIONS ``

SbF-5382 CONDIIIONS

Planning

1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a
Beer/Wine/Cooler On-Sale Establishment use.


SaIety.

4. The Conditions oI Approval shall be aIIixed to the cover sheet oI any plan set submitted Ior
building permit, as well as submitted as part oI any business license application.


Municipal Code.


SUP-53829 PR1-53735]
RG

`` STAFF REPORT ``

PRO1ECT DESCRIPTION

This is a request Ior a Special Use Permit to allow a Beer/Wine/Cooler On-Sale Establishment
use within a proposed 2,400 square-Ioot restaurant located at 111 North Nellis Boulevard, Suite
#150. The proposed use meets all Title 19.12 Special Use requirements Ior Beer/Wine/Cooler
On-Sale use, and can be conducted in a manner that is harmonious and compatible with the
surrounding land uses; thereIore, staII recommends approval oI the Special Use Permit. II this
use permit is denied, the restaurant use will be able to operate; however, no alcohol will be sold.

ISSUES

The Beer/Wine/Cooler On-Sale Establishment use is permitted in the C-1 (Limited
Commercial) zoning district with the approval oI a Special Use Permit.


08/03/88
The City Council approved a request Ior Rezoning (Z-0061-88) Irom R-1
(Single Family Residence) and R-3 (Limited Multiple Residence) to C-1
(Limited Commercial) Ior a proposed Retail/Commercial Center located on
the west side oI Nellis Boulevard, between Charleston Boulevard and Stewart
Avenue. The Planning Commission and staII recommended approval.
07/19/89
The City Council approved a request Ior an Extension oI Time |Z-0061-
88(1)| Ior a Rezoning Irom R-1 (Single Family Residence) and R-3 (Limited
Multiple Residence) to C-1 (Limited Commercial) Ior a proposed
Retail/Commercial Center located on the west side oI Nellis Boulevard,
between Charleston Boulevard and Stewart Avenue. The Planning
10/03/90
The City Council approved a request Ior Review oI Condition |Z-0061-88(2)|
Ior the elimination oI the condition requiring the installation oI 24-inch box
Evergreen trees along the west property line on property located on the west
side oI Nellis Boulevard, between Charleston and Stewart Avenue. The
Planning Commission and staII recommended approval.
03/21/00
The Department oI Planning administratively approved a Site Development
Plan Review |Z-0061-88(5)| Ior a proposed 8,018 square-Ioot Retail Building
on the property located on the west side oI Nellis Boulevard, approximately
1,500 Ieet south oI Steward Avene.
SUP-53829 PR1-53735]
RG



10/16/03
A building permit (#03022052) was issued Ior retail shell building at 111
North Nellis Boulevard. The permit was Iinalized on 04/15/04.
09/23/05
A business license (B03-00180) was issued Ior Financial Institution, General
at 111 North Nellis Boulevard, Suite #150. The license is currently active.
05/01/14
A building permit (#244433) was issued Ior Tenant Improvement Ior a 2,400
square-Ioot Restaurant at 111 North Nellis Boulevard, Suite #150. The
permit has not been Iinalized.

04/21/14
A pre-application meeting was held with the applicant`s designated
representative to discuss the Special Use Permit submittal requirements Ior
Restaurant with Service Bar and Beer/Wine/Cooler On-Sale Establishment
uses.


Field Check
05/01/14
A site inspection was conducted on the property and revealed the property
was clean and graIIiti Iree. The suite where the proposed use is to be located
is currently vacant

Site Area
Net Acres 17.53

Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
SC (Service
Commercial)
C-1 (Limited
Commercial)
Shopping Center
North General Retail Store,
Other Than Listed
GC (General
Commercial)
C-1 (Limited
Commercial)
SUP-53829 PR1-53735]
RG


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
General Retail Store,
Other Than Listed
GC (General
Commercial)
C-2 (General
Commercial)
South
Multi-Family
Residential
RH (Residential High)
Clark County
R-3 (Multiple-Family
Residential |18 Units per
Acre|) Clark County
Other Than Listed
GC (General
Commercial)
C-2 (General
Commercial)
Shopping Center
Restaurant with
Alcohol
Liquor
Establishment,
Tavern
Restaurant
C-2 (General
Commercial) Clark
County
Other Than Listed
CG (Commercial
General) Clark County
C-1 (Local Business)
Multi-Family
Residential
RH (Residential High)
Clark County
R-3 (Multiple-Family
Residential |18 Units per
Acre|) Clark County
Government Facility
PF (Public Facility)
Clark County
PF (Public Facility)
Clark County
East
ManuIacture Home
(Not QualiIying Ior
Treatment as a
Single Family
Detached Dwelling)
RS (Residential
Suburban) Clark
County
R-T (ManuIactured Home
Residential) Clark
County
R-1 (Single Family
Residential)
L (Low Density
Residential)
West
Single Family,
Detached
R-PD7 (Residential
Planned Development
7 Units per Acre)
ML (Medium Low

SUP-53829 PR1-53735]
RG

Trails N/A


Parking Requirement
Parking Parking
Use
Cross Floor
Area or
Aumber of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Shopping
Center
359,679 SF 1/250 SF 1,439

TOTAL SPACES REQUIRED 1,439

1654

Y
Regular and Handicap Spaces Required 1,414 25 1618 36 Y

ANALYSIS

The Beer/Wine/Cooler On-Sale Establishment use is deIined in Title 19.18 as 'An establishment
whose license to sell alcoholic beverages is limited to the sale oI beer, wine and coolers only Ior
consumption on the premises where the same is sold.

The proposed use meets the deIinition above as stated in the justiIication letter, the applicant`s
intent to oIIer Beer/Wine/Cooler to customers.


1. Except as otherwise provided, no beer/wine/cooler on-sale establishment (hereinaIter
'establishment) shall be located within 400 Ieet oI any church/house oI worship, school,
individual care center licenses Ior more than 12 children, or City park.

The use complies with this requirement as there are no protectea uses within 400 feet of
the proposea use.
SUP-53829 PR1-53735]
RG


2. Except as otherwise provided in Requirement 3 below, the minimum distances reIerred to
in Requirement 1 shall be determine with reIerence to the shortest distance between two
property lines, one being the property line oI the proposed restaurant service bar which is
closes to the existing use to which the measurement pertains, and the other being the
property line oI that existing use which is closest to the proposed restaurant service bar.
The distance shall be measured in a straight line without regard to intervening obstacles.
For purposes oI measurement, the term 'property line reIers to property lines oI Iee
interest parcels and does not include the property line oI;

a. Any leasehold parcels; or
b. Any parcel which lacks access to a public street or has no area Ior on-site parking
and which has been created so as to avoid the distance limitation described in
Requirement1.

The proposea use meets this requirement, measurement is taken from the existing
property line of Lot A of Parcel Map File 115 Page 77, locatea at the northwest corner of
Charleston Boulevara ana Nellis Boulevara.

3. In the case oI an establishment proposed to be located on a parcel oI at least 80 acres in
size, the minimum distances reIerred to in Requirement 1 shall be measured in a straight
line:

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

This requirement aoes not apply to the proposea use, as the subfect property contains an
area less than 80 acres in si:e.
SUP-53829 PR1-53735]
RG


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

This requirement aoes not apply as there are no protectea uses within 400 feet of the
proposea use.

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 beIore July 1, 1992 or in connection
with a resort hotel having in excess oI 200 guest rooms aIter July 1, 1992; or
b. A proposed establishment having more than 50,000 square Ieet oI retail Iloor
space.

This requirement aoes not apply to this application.

6. All businesses which sell alcoholic beverages shall conIorm to the provision oI LVMC
6.50.

The proposea Beer/Wine/Cooler On-Sale use meets this requirement. The proposea use
will be in confunction with the service of fooa. The LJMC 6.50 is a stanaara conaition of
approval that cannot be waivea.

The proposed Beer/Wine/Cooler On-Sale Establishment use will be located within a proposed
2,400 square-Ioot restaurant with 324 square Ieet oI outside dining area in the C-1 (Limited
Commercial) zoning district. The applicant stated in the justiIication letter that 'the service oI
beer and wine will be limited to the inside portion oI the premise and alcohol service and
consumption will not be permitted in the outdoor patio area. The site is an existing Shopping
Center, as deIined by Title 19.12 and meets the minimum on-site parking requirements Ior a
Shopping Center. The subject property is within 500 Ieet oI a County oI Clark`s jurisdiction;
thereIore, this request qualiIies as a Project oI Regional SigniIicance. All the proper documents
were completed and distributed to the required departments and agencies, and no comments were
received. The proposed use meets all the minimum requirements detail in Title 19.12 Ior the
Beer/Wine/Cooler On-Sale Establishment use and can be conducted in a manner that is
compatible and harmonious with the surrounding uses; thereIore, staII recommends approval.
SUP-53829 PR1-53735]
RG





The subject location consists oI a proposed shopping center. This use and other retail uses
are generally in shopping centers throughout the valley. There are no waivers oI minimum
distance separation requirements Irom protected uses and the use can be conducted in a
harmonious and compatible manner with surrounding land uses.


The proposed use will operate within a proposed restaurant within an existing Shopping
Center that is physically suitable Ior Beer/Wine/Cooler On-Sale Establishment use. The
Shopping Center can accommodate a variety oI uses such as restaurants, retail stores and
oIIices.


The subject property is accessible Irom Nellis Boulevard, and Irom Charleston Boulevard,
both are 100-Ioot wide Primary Arterials that can provide adequate capacity to meet the
requirements oI the proposed use.

General Plan.

The proposed use will be subject to regular inspections by business licensing and will not
compromise the public health, saIety and welIare, or the overall objectives oI the General
Plan.


The propose use meets all minimum Special Use Permit requirements per Title 19.12.
SUP-53829 PR1-53735]
RG



NOTICES MAILED 1259

APPROVALS 0

PROTESTS 0
04/23/14
PRJ-53735
SUP-53829
05/12/14
PRJ-53735
SUP-53829
06/10/14 PC
REVISED
04/23/14
PRJ-53735
SUP-53829
04/23/14
PRJ-53735
SUP-53829
04/23/14
PRJ-53735
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PRJ-53735
SUP-53829 - REVISED
05/12/14
PRJ-53735
SUP-53829 - REVISED

Agenda tem No.: 55.


SUB1ECT:
SUP-53863 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: DOLLAR LOAN
CENTER - OWNER: LAMANZA, LLC - Request Ior a Special Use Permit FOR A PROPOSED
2,649 SQUARE-FOOT AUTO TITLE LOAN USE WITH WAIVERS TO ALLOW A 100-
FOOT DISTANCE SEPARATION FROM A RESIDENTIAL USE WHERE 200 FEET IS
REQUIRED AND TO ALLOW A 130-FOOT DISTANCE SEPARATION FROM A SIMILAR
USE WHERE 1,000 FEET IS REQUIRED at 4700 Meadows Lane, Suite #110 (APN 139-31-
111-001), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian) |PRJ-53278|. StaII recommends
DENIAL.



RECOMMENDATION:

4. Photos
6. Protest Postcards

SUP-53863 PR1-53728]
JB


ITEM DESCRIPTION: APPLICANT: DOLLAR LOAN CENTER - OWNER: LAMANZA,
LLC


CASE
AUMBER
RECOMMEADA1IOA
REQUIRED FOR
APPROJAL
conditions:

`` CONDITIONS ``

SbF-5383 CONDIIIONS

Planning

1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Auto Title Loan
use.


3. A Waiver Irom Title 19.12 is hereby approved, to allow a 100-Ioot distance separation Irom
a residential use where 200 Ieet is required.

4. A Waiver Irom Title 19.12 is hereby approved to allow a 130-Ioot distance separation Irom
another auto title loan use where 1000 Ieet is required

SaIety.

6. Approval oI this Special Use Permit does not constitute approval oI an Auto Title Loan
business license
SUP-53863 PR1-53728]
JB

Conditions Page Two



SUP-53863 PR1-53728]
JB

`` STAFF REPORT ``

PRO1ECT DESCRIPTION

The applicant is requesting a Special Use Permit Ior a proposed 2,649 square-Ioot Auto Title
Loan use within an existing shopping center at 4700 Meadows Lane, Suite #110. This
application is accompanied with a Waiver request to allow a 100-Ioot distance separation Irom a
residential property where a 200-Ioot distance separation is required and to allow a 130-Ioot
distance separation Irom a similar use where a 1,000-Ioot minimum distance separation is
required. StaII recommends denial oI the requested Special Use Permit and accompanying
Waivers, as the proposed Auto Title Loan use cannot be conducted in a manner that is
harmonious and compatible with the surrounding land uses, as exempliIied by the requested
Waivers.

ISSUES

The Auto Title Loan use is permitted in the C-1 (Limited Commercial) zoning district
with the approval oI a Special Use Permit.
A distance separation Waiver is required to allow the Auto Title Loan use 100 Ieet Irom a
residentially protected property where 200 Ieet is the minimum required and to allow a
130-Ioot distance separation Irom a similar use where a 1,000-Ioot minimum distance
separation is required. StaII does not support the distance separation as the required
Waiver reinIorces the incompatibility oI the proposed Auto Title Loan Use with the
surrounding neighborhood.


01/23/74
The City Council denied the request to Rezone (Z-0102-73) 100 acres Irom
R-1 (Single Family Residential) and C-V (Civic) to C-1 (Limited
Commercial) Ior a Regional Shopping Mall. The Planning Commission
02/05/75
The Board oI City Commissioners adopted Ordinance No. 1014 to Rezone
(Z-0102-73) 100 acres Irom R-1 (Single Family Residential) and C-V (Civic)
to C-1 (Limited Commercial) Ior a Regional Shopping Mall as required by the
District Court and aIIirmed by the Supreme Court oI Nevada.
SUP-53863 PR1-53728]
JB

12/28/77
The Board oI City Commissioners approved a Plot Plan Review (Z-0102-73)
Ior property located at the northeast corner oI Decatur Boulevard and
Meadows Lane. The Planning Commission recommended approval on
12/08/77.
08/30/10
The Planning Department administratively approved Site Development Plan
Review (SDR-38861) Ior modiIied landscape materials and elevations
associated with the proposed conversion oI an existing 76,637 square-Ioot
general retail store to a grocery store on 6.31 acres at 4700 Meadows Lane.
09/23/10
The Planning Commission approved a request Ior a Special Use Permit (SUP-
38860) to allow a 500 square-Ioot Accessory Package Liquor OII-Sale use
within a proposed 66,926 square-Ioot Retail Establishment (Grocery Store) at
4700 Meadows Lane. StaII recommends approval oI this request.
04/18/12
The City Council approved a request Ior a General Plan Amendment (GPA-
43991) to establish Redevelopment Area 2 and change the Iuture land use
designation on various parcels within the redevelopment area to commercial
or mixed use. The Planning Commission recommended approval on 03/13/12.


Circa 1978
Building permits were issued Ior Plan Check (#C-0142-78) and building
application (#330922) Ior a new Retail Building located at 4700 Meadows
Lane.
03/14/11
A building permit (#176028) was issued Ior retail suites #110 through #150 at
4700 Meadows Lane. A Iinal inspection was never completed.
02/20/14
A building permit (#254249) was issued Ior a wall sign (Loya Ins Co) at 4700
Meadows Lane, Suite #110. A Iinal inspection was never completed.

04/17/14
requirements Ior a proposed Special Use Permit Ior an Auto Title Loan. StaII
identiIied the need oI waivers to allow a distance separation oI 100 Ieet Irom
a residential property where 200 Ieet is required and to allow a 130-Ioot
distance separation Irom a Auto Title Loan where 1,000 Ieet is required.
SUP-53863 PR1-53728]
JB



Field Check
05/01/14
StaII conducted a Iield check oI the subject property and noted the site was
well maintained shopping center.

Site Area
Net Acres 6.80

Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Subject Property Shopping Center MXU (Mixed Use)
C-1 (Limited
Commercial)
North
Right-oI-Way (US
95)
Right-oI-Way (US 95) Right-oI-Way (US 95)
Restaurant MXU (Mixed Use)
C-2 (General
Commercial)
Minor Auto Repair MXU (Mixed Use)
C-2 (General
Commercial)
Landscape buIIer
SC (Service
Commercial)
C-1 (Limited
Commercial)
South
Single-Family
Detached
L (Low Density
Residential)
R-1 (Single Family
Residential)
East Shopping Center
SC (Service
Commercial)
C-1 (Limited
Commercial)
Shopping Center MXU (Mixed Use)
C-1 (Limited
Commercial)
Convenience Store MXU (Mixed Use)
C-2 (General
Commercial)
West
OIIice O (OIIice)
P-R (ProIessional OIIice
and Parking)

SUP-53863 PR1-53728]
JB

Trails N/A


Street Aame
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
South Decatur
Boulevard
Primary Arterial
Planned Streets and
Highways Map

120 Feet Y
Meadows Lane Collector Street
Planned Streets and
Highways Map

70 Feet Y

Parking Requirement
Parking Parking
Use
Cross Floor
Area or
Aumber of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Shopping
Center
76,637 SF 1:250 SF 307

TOTAL SPACES REQUIRED 307 415 Y

Waivers
Requirement Request StaII Recommendation
A 200-Ioot minimum distance
separation is required Irom any
residentially zoned property.
To allow a 100-Ioot distance
separation Irom a residentially
zoned property. (south)
Approval
A 1,000-Ioot minimum distance
separation is required Irom any other
Financial Institution, SpeciIied uses.
To allow a 130-Ioot distance
separation Irom another Auto
Title Loan. (east)
Approval
SUP-53863 PR1-53728]
JB


ANALYSIS

The Auto Title Loan use is deIined by Title 19.18 as, 'A business whose primary Iunction is to
lend money on security oI the title to a motor vehicle rather than on the security oI the vehicle
itselI.


*1. The use shall comply with all applicable requirements oI LVMC Title 6.

The proposea use will meet this requirement as the proposea site is subfect to business licensing
inspections.

*2. The building design and color scheme shall be subject to review by the Department to ensure
that it will be harmonious and compatible with the surrounding area.

The proposea use meets this stanaara as the use will be locatea in a Shopping Center use that is
aesthetically compatible with remaining stores locatea in the general retail builaing.

3. No temporary signs (as described in LVMC 19.14.090) such as balloons, inIlated devices,
searchlights, pennants, portable billboards, portable signs, streamers, trucks parked Ior signage
purposes, or other similar devices are permitted, except that banners announcing a 'grand
opening or that a business is 'coming soon may be approved administratively Ior a period not to
exceed 30 days.

The proposea use meets this conaition, as the existing location is vacant ana any sign or
temporary signs require a permit.

4. Windows shall not:
a. Cover more than 20 percent oI the area oI all interior windows;
b. Include Ilashing lights or neon lighting; or
c. Include any text other than text that indicates the hours oI operation and
whether the business is open or closed.

The proposea use meets this conaition, as the proposea location is vacant ana will have a
number of inspections throughout the builaing permit ana business licensing process.
Aaaitionally, the site will unaergo ongoing annual inspections through licensing.

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

The proposea use meets this requirement, as the applicant states in the fustification letter that
they will operate the use at 9.00 a.m. ana close at 7 p.m. on Monaays Friaays, open at 9 a.m.
ana closea at 4 p.m. on Saturaays, ana closea on Sunaays.
SUP-53863 PR1-53728]
JB


6. The building or portion thereoI that is dedicated to the use shall have a minimum size oI 1,500
square Ieet, and shall be designed to have suIIicient interior space to provide Ior adequate
customer waiting areas, customer queuing, and transaction space (such as 'teller windows or
desks).

The proposea use meets this requirement, as the existing Financial Institution, Specifiea use
operates with 2,649 square feet of floor area.

7. No auto title loan use may be located closer than 200 Ieet Irom any parcel used or zoned Ior
residential use. In addition, no auto title loan use may be located closer than 1,000 Irom any
other auto title loan use, auto pawn use or speciIied Iinancial institution use. For purposes oI this
Requirement 7, distances shall be measured in a straight line Irom property line, without regard
to intervening obstacles. The term 'property line reIers to property lines oI Iee interest parcels
and not leasehold parcels.

The proposea use aoes not meet this requirement, as the proposea site is locatea 100 feet away
from a resiaentially :onea parcel ana within 130 feet of another Auto Title Loan use. The
applicant has requestea a Waiver to these aistance requirements.

The applicant proposes to add an Auto Title Loan use to an existing Shopping Center use at 4700
Meadows Lane, Suite #110. The applicant has indicated that the proposed Auto Title Loan use
will open Ior business at 9:00 a.m. and close at 7 p.m., and adheres to the operating hours listed
in Title 19.12 Ior the Auto Title Loan use oI 8:00 a.m. to 11:00 p.m.. The proposed use is located
within 100 Ieet oI residentially-zoned property to the south where a 200-Ioot minimum distance
separation is required and is located 130 Ieet Irom a similar Auto Title Loan use to the west
where a minimum 1,000-Ioot distance separation is required. In this particular case the similar
Auto Title Loan use to the west is owned and operated by the applicant 'Dollar Loan Center.
The applicant indicated in the justiIication letter, that it is their intent to close that location with
this new location serving as a replacement. However, the entitlement will remain Ior one year Ior
any new tenant per Title 19.16.110.

The proposed location oI this use Iails to comply with the minimum distance separation
requirements Ior a Special Use Permit. The requested Waivers to allow a 100-Ioot residential
distance separation and 130-Ioot similar use distance separation, represent a 50 and 13
reduction respectively Irom the required 200 and 1,000 Ioot separation mandated by Title 19. As
such, the required distance separation Waiver reinIorces the unsuitability oI this site, Ior the Auto
Title Loan use, with the surrounding neighborhood thereIore; staII recommends denial oI the
Special Use Permit.
SUP-53863 PR1-53728]
JB





The proposed Auto Title Loan use is compatible with the MXU (Mixed Use) General
Plan land use designation and is located within an existing shopping center. However,
the proposed use requires Waivers oI the residential and similar use distance separation
requirement, which reinIorces the unsuitability oI this site Ior the proposed Auto Title
Loan use. The use cannot be conducted in a manner that is harmonious or compatible
with the surrounding uses.


The proposed use will be located within an established shopping center. There is no
evidence oI a physical constraint to the proposed uses on the subject site.


Primary site access is Irom South Decatur Boulevard, a 100-Ioot wide Primary Arterial
and Meadows Lane a 70-Ioot Minor Collector Street. The rights-oI-way provide adequate
capacity to serve the proposed use.

General Plan.

The proposed Auto Title Loan use will be subject to regular inspections by regulatory
agencies Ior business licensing and will thereIore not compromise the public`s health,
saIety or general welIare, or the overall objectives oI the General Plan.


The use does not comply with the minimum distance separation requirements required
per Title 19.12, as the applicant has requested Waivers oI residential and similar use
distance separation. StaII does not support the applicant`s request Ior a Waiver.
SUP-53863 PR1-53728]
JB



NOTICES MAILED 163

APPROVALS 0

PROTESTS 2
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8860 W Sunset Road ~ Las Vegas, Nevada 89148
April 18, 2014
City of Las Vegas
333 N. Rancho Drive
Las Vegas, NV 89106
RE: Justification Letter for Dollar Loan Center to conduct business at 4700 Meadows Ln. # 110 Las Vegas, NV
89107. APN 139-31-111-001
Dear City of Las Vegas Department of Planning Representative,
Dollar Loan Center seeks to lease the 2, 649 square feet of space in suite 110 for the building located at 4700
Meadows Ln. in order to move an existing Dollar Loan Center within the Las Vegas C-1 district. This location will
serve as a replacement for the location at 280 S. Decatur Blvd. Las Vegas, NV 89107. Recently the complex at 280
S. Decatur Blvd. was foreclosed on. At this time the center is 90% empty and the major tenant, Target, is closing
their doors effective 05-03-2014. This will be detrimental to the customer traffic entering the complex and few
remaining businesses. We will continue as a Non-depository lender providing Auto Title loans and High Interest
loans only. At no time will any vehicles be stored on our property.
a
The new location does not meet distance requirements from a similar business. Currently Cardenas market is
licensed for Check Cashing. Although our business falls under the same classification, Dollar Loan Center only
provides Non-Collateral loans and Auto Title Loans. There will also need to be a waiver reducing the distance
We do feel this should have no
impact on the restrictions of our business type since we are moving across the street.
We want to make sure it is absolutely clear we will close the location at 280 S. Decatur Blvd. if 4700 Meadows Ln.
is approved. Once the SUP is approved we will pull all applicable permits and begin construction at 4700 Meadows
Ln. We estimate a 90 day turn around for full move in and shut down from the existing 280 S. Decatur Blvd.
location.
We are proud of our long standing history of doing business in the City of Las Vegas along with helping to bri ng
jobs and revenue to the City and its residents. Dollar Loan Center also has a proven track record as an excellent
community partner throughout Southern Nevada. We routinely provide financial support to several community
charities with notable emphasis on the annual support of local efforts by Opportunity Village and the Henderson
Little League.
4444444444444444444444444444488888888
ort to several communit
llage and the Henderso
05/06/14
PRJ-53728
SUP-53863
In addition to being a strong community partner, Dollar Loan Center has taken great pride in being a first -rate
employer for over 13 years in the Las Vegas area. We were most recently acknowledged by Vegas, Inc. in their
Nevada. More important than being acknowledged, we believe being a good employer is just the right thing to do
and you can be assured that Dollar Loan Center will provide City of Las Vegas residents a great place to work.
Property Specifics
Property Address: 4700 Meadows Ln. Suite 110.
Current Zoning of property falls under C-1 zoning code.
Square Footage is 2,649 square feet.
Basic Description: The current suite has not been occupied since Cardenas bought and remodeled the old
.
This property does not meet distance requirements for Residential separation and will need a waiver.
This property does not meet distance requirements for like company separation and will need a waiver.
This location will start with 3 to 4 employees with the potential to grow up to 6 or 7 employees.
Hours of operation are Mon Fri 9am to 7pm, Sat 9am to 4pm and closed Sundays.
Dollar Loan Center currently has 5 locations licensed by the City of Las Vegas.
o 6122 W. Sahara Ave. Lic# N02-00003
o 280 S. Decatur Blvd. Lic# N02-00004
o 625 N. Lamb Blvd. Lic# N02-00020
o 3051 N. Rainbow Blvd. Lic# N02-00028
o 6401 N. Durango Dr. Lic# N02-99540
Dollar Loan Center will require a state license for the proposed location.
J ustification for waiver of residential distance requirements
The proposed location is in an established commercial shopping center zoned as C-1. Directly to the West of the
location at 100 is a housing complex and . The closest pedestrian
access to the proposed entrance for Dollar Loan Center from the residential plot is approximately 875 hough
distance is determined by parcel property line, there would be no access to the entrance without crossing Decatur
Blvd illegally and proceeding through the landscaping of the commercial complex.
All existing built residential properties are approximately 10
proposed move of our current location will have a negative impact to the surrounding area.
J ustification for waiver of similar business distance requirements
The proposed location is in an established commercial shopping center zoned as C-1. The new landlord for this
location is Cardenas. Cardenas currently holds a Non-Depository Lender license for Check Cashing only. As we do
not offer Check Cashing services we do not feel this should be an issue.
, the waiver will be required for approval of the
SUP.
4444444444444444444444444444488888888
05/06/14
PRJ-53728
SUP-53863
Anticipated Impact on Traffic Conditions, Surrounding Neighborhood, and General Public
Our customers will park, enter our store, make their transaction and depart. The impact on traffic will not cause a
significant change to the current daily activity.
Our stores are clean and professional in appearance and great emphasis is placed on customer service and staff
professionalism. Dollar Loan Centers are similar in product to a CitiFinancial and are often described by our
The hours of operation will stay within the city regulated times. Based on our
hours, clientele, and the services and consumer choice we provide, we anticipate only positive benefits to the
surrounding neighborhood. Dollar Loan Center is also looking to provide Auto Title loans in this location to better
serve our customers. As a matter of providing additional clarity into our product we find it important to
communicate that Dollar Loan Center does not engage in check cashing, payday lending, pawn services, or
Western Union money transfers. Our rates are well below that of a payday lender and most often less than half.
Dollar Loan Center offers an important consumer value and choice in the financial services sector.
Anticipated time table for all construction and improvements
Once Dollar Loan Center completes the anticipated approval of our SUP; we anticipate moving to our new location
in 90 days. Since the new suite has never been occupied it will require a full build out.
Once our signs can be approved by the city we will have a two week completion date for install.
Thank you in advance for taking time to review our request and we look forward to working with the City. Dollar
Loan Center looks forward to our continued service to Las Vegas residents.
Sincerely,
Dave Galyen
National Director of Facilities Technology, and Security
4444444444444444444444444444488888888
05/06/14
PRJ-53728
SUP-53863

Agenda tem No.: 56.


SUB1ECT:
SUP-53907 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
SAHARA CENTER, LLC - For possible action on a request Ior a Special Use Permit FOR A
PROPOSED 2,691 SQUARE-FOOT LIQUOR ESTABLISHMENT (TAVERN) at 10000 West
Sahara Avenue, Suite #100 (APN 163-06-416-006), C-1 (Limited Commercial) Zone, Ward 2
(Beers) |PRJ-53804|. StaII recommends APPROVAL.



RECOMMENDATION:

4. Photos
6. Protest/Support Postcards

SUP-53907 PR1-53804]
JB


ITEM DESCRIPTION: APPLICANT/OWNER: SAHARA CENTER, LLC


CASE
AUMBER
RECOMMEADA1IOA
REQUIRED FOR
APPROJAL
SUP-53907 StaII recommends APPROVAL, subject to conditions

`` CONDITIONS ``

SbF-5307 CONDIIIONS

Planning

1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Liquor
Establishment (Tavern) use.


SaIety.



Municipal Code.


SUP-53907 PR1-53804]
JB

`` STAFF REPORT ``

PRO1ECT DESCRIPTION

This is a request Ior a Special Use Permit Ior a proposed Liquor Establishment (Tavern) use
within a new shopping center at 10,000 West Sahara Avenue, Suite #100. The proposed Tavern
is 2,691 square Ieet in size with 15 gaming machines and additional seating Ior 34 people. As
this request meets all the minimum Special Use requirements and can be conducted in a
compatible and harmonious manner within the existing shopping center, staII recommends
approval oI this application. II denied, the applicant will not be allowed to conduct the Liquor
Establishment (Tavern) use at this location.

ISSUES

The Liquor Establishment (Tavern) use is permitted in the C-1 (Limited Commercial) zoning
district with the approval oI a Special Use Permit.


02/15/89
The City Council approved the Peccole Ranch Master Plan. The subject site
is included in Phase 2 oI the Master Plan and is designated Ior neighborhood
commercial uses.
04/04/90
The City Council approved a Rezoning (Z-0017-90) Irom N-U (Non-Urban)
to C-1 (Limited Commercial) on this site as part oI a larger request. The
Planning Commission and staII recommended approval.
08/21/02
The City Council accepted a request to Withdraw With Prejudice a Site
Development Plan Review |Z-0017-90(38)| Ior a proposed 202,722 square-
Ioot retail building (Super Wal-Mart) on 18.30 acres adjacent to the northeast
corner oI Sahara Avenue and Hualapai Way. The Planning Commission and
staII recommended denial.
07/16/03
The City Council approved a Special Use Permit (SUP-2288) Ior a Liquor
Establishment (OII-Premise Consumption, Beer and Wine) in conjunction
with a proposed Convenience Store at the northeast corner oI Hualapai Way
and Sahara Avenue. The Planning Commission and staII recommended
approval.
SUP-53907 PR1-53804]
JB


a Convenience Store with Fuel Pumps on 1.1 acres at the northeast corner oI
Hualapai Way and Sahara Avenue. The Planning Commission and staII
09/04/03
A two-lot Parcel Map (PMP-1902) on 19.22 acres at the northeast corner oI
Hualapai Way and Sahara Avenue was recorded.
The Planning Commission approved a Master Sign Plan (MSP-48470) Ior a
proposed 219,100 square-Ioot shopping center on 18.11 acres adjacent to the
north side oI Sahara Avenue, approximately 220 Ieet east oI Hualapai Way.
StaII recommended approval.
04/09/13
The Planning Commission approved a Site Development Plan Review (SDR-
48469) Ior a proposed 219,100 square-Ioot shopping center with a waiver to
allow a zero-Ioot perimeter landscape buIIer along a portion oI the west and
south property lines where eight Ieet is required on 18.11 acres adjacent to the
north side oI Sahara Avenue, approximately 220 Ieet east oI Hualapai Way.
StaII recommended approval.
07/09/13
The Planning Commission approved a Tentative Map (TMP-49515) Ior a
One-Lot Commercial Subdivision on 18.11 acres adjacent to the north side oI
Sahara Avenue, approximately 220 Ieet east oI Hualapai Way. StaII
08/21/13
Planning staII approved an Administrative Site Development Plan Review
(SDR-50656) Ior revised landscaping, alternate wheel stop design, elevation
changes, interior parking lot layout revisions and the addition oI a drive
through to pad 'b on 18.11 acres adjacent to the north side oI Sahara
Avenue, approximately 220 Ieet east oI Hualapai Way.
01/14/14
The Planning Commission approved a Petition to Vacate (VAC-52104) a 15
to 20-Ioot public drainage easement on property generally located north oI
Sahara Avenue, east oI Hualapai Way. StaII recommended approval.
03/11/14
The Planning Department administratively approved Site Development Plan
Review (SDR-53103) Ior a Minor Amendment oI an approved Site
Development Plan Review (SDR-48469) Ior a proposed 5,400 square-Ioot
addition to an approved 219,000 square-Ioot shopping center on 18.11 acres
adjacent to the north side oI Sahara Avenue, approximately 220 Ieet east oI
Hualapai Way.
05/13/14
A Special Use Permit (SUP-53399) is scheduled to be heard at Planning
Commission Ior a proposed beer/wine/cooler oII-sale establishment within a
proposed 26,907 square-Ioot general retail store other than listed at 10000
West Sahara Avenue, Suite #180.
SUP-53907 PR1-53804]
JB



05/05/11
A building permit (#187176) was issued Ior a wood Ience at 10000 West
Sahara Avenue. A Iinal inspection was not approved, and the permit expired
05/07/12.
06/24/13
A building plan check (#50009) Ior civil improvements was processed Ior a
proposed 219,000 square-Ioot shopping center at 10000 West Sahara Avenue.
The permit was Iinalized on 10/31/13.
07/03/13
A building permit (#239432) was issued Ior pre-construction water Ilow at
10000 West Sahara Avenue. The permit was Iinalized on 07/19/13
08/07/13
A building permit (#239146) was issued Ior Ioundation only at 10000 West
Sahara Avenue. The permit has not been Iinalized.
08/29/13
A building permit (#239147) was issued Ior on-site hardscapes at 10000 West
11/04/13
A building permit (#247705) was issued Ior engineered block walls at 10000
West Sahara Avenue. The permit has not been Iinalized.
A building permit (#242913) was issued Ior a shell building at 10000 West
11/07/13
A building permit (#242914) was issued Ior on-site lighting at 10000 West

04/23/14
process Ior the Special use Permit Ior a proposed Liquor Establishment
(Tavern) use.


Field Check
05/01/14
A Iield inspection was conducted by staII which revealed a new commercial
shopping center that is currently still under construction.
SUP-53907 PR1-53804]
JB


Site Area
Net Acres 18.11

Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
SC (Service
Commercial)
C-1 (Limited
Commercial)
North
Multi-Family
Residential
(Condominiums)
M (Medium Density
Residential)
R-3 (Medium Density
Residential)
South
Beer/Wine/Cooler
OII-Sale
Establishment
(Convenience Store)
SC (Service
Commercial)
C-1 (Limited
Commercial)

Multi-Family
Residential
(Apartments)
M (Medium Density
Residential)
R-PD20 (Residential
Planned Development
20 Units per Acre)
East
Single-Family
Detached
ML (Medium Low
R-PD7 (Residential
Units per Acre)
West
Beer/Wine/Cooler
OII-Sale
Establishment
(Convenience Store)
SC (Service
Commercial)
C-1 (Limited
Commercial)

Single-Family
Detached
SF (Single Family
Summerlin South)
R-2 (Medium Density
Residential) - Clark
County

Peccole Ranch Master Plan Area (Phase 2) Y
Trails N/A
Project oI SigniIicant Impact (Development Impact NotiIication Assessment) Y*
Project oI Regional SigniIicance Y*
* The subfect site is locatea within 500 feet of the City bounaary with Clark County, which
requires all Special Use Permits to be aeemea a Profect of Regional of Regional Significance.
SUP-53907 PR1-53804]
JB



Street Aame
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Hualapai Way Primary Arterial
Planned Streets and
Highways Map
100 Feet Y
Sahara Avenue Primary Arterial
Planned Streets and
Highways Map
100 Feet Y

Parking Requirement
Parking Parking
Use
Cross Floor
Area or
Aumber of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Shopping
Center
224,500 SF
1 space
per 250
SF GFA
898


898

Y
Loading
Spaces
224,500 SF
3 spaces,
plus 1
add`l space
per
100,000
SF over
50,000
5 7 Y

ANALYSIS

The applicant is proposing to establish a 2,691 square-Ioot Liquor Establishment (Tavern) use at
10,000 West Sahara Avenue, Suite #100. The submitted Iloor plan indicates that this Tavern will
provide 15 gaming machines with additional seating Ior 34 people. The subject site is located
within the C-1 (Limited Commercial) zoning district, which allows the Gaming Establishment,
Restricted use as an accessory use to the proposed Tavern.

The subject site is located in a new 224,500 square-Ioot shopping center that is currently still
under construction. The proposed commercial development provides shared access and parking
throughout the subject site. The proposal adheres to all minimum parking requirements.
SUP-53907 PR1-53804]
JB


A Liquor Establishment (Tavern) use is described in Title 19.12 as: 'A Iacility which sells
alcoholic beverages Ior consumption on the premises where the same are sold and authorizes the
sale, to consumers only and not Ior resale, oI alcoholic beverages in original sealed or corked
containers, Ior consumption oII the premises where the same are sold.

Minimum Special Use Permit Requirements:

* 1. Pursuant to its general authority to regulate the sale oI alcoholic beverages, the City Council
declares that the public health, saIety and general welIare oI the City are best promoted and
protected by generally requiring both a minimum separation between liquor establishments
(tavern), and a minimum separation between a liquor establishment (tavern) and certain other
uses that should be protected Irom the impacts associated with a liquor establishment (tavern).
ThereIore, except as otherwise provided below, no liquor establishment (tavern) may be located
within 1500 Ieet oI any other liquor establishment (tavern), church/house oI worship, school,
individual care center licensed Ior more than 12 children, or City park.

The proposea Liquor Establishment (Tavern) use meets this requirement, as there are no existing
taverns or protectea lana uses within 1500 feet of the subfect property.

* 2. The distance separation reIerred to in Requirement 1 shall be measured with reIerence to the
shortest distance between two property lines, one being the property line oI the proposed liquor
establishment (tavern) which is closest to the existing use to which the measurement pertains,
and the other being the property line oI that existing use which is closest to the proposed liquor
establishment (tavern). The distance shall be measured in a straight line without regard to
intervening obstacles.

Not applicable, as there are no existing taverns or protectea lana uses within 1500 feet of the
subfect property.

* 3. For the purpose oI Requirement 2, and Ior that purpose only:

a. The 'property line oI a protected use reIers to the property line oI a Iee interest parcel that has
been created by an approved and recorded parcel map or subdivision map, and does not include
the property line oI a leasehold parcel; and

b. The 'property line oI a liquor establishment (tavern) reIers to:
i. The property line oI a parcel that has been created by an approved and recorded parcel
map or commercial subdivision map; or
ii. The property line oI a parcel that is located within an approved and recorded
commercial subdivision and that has been created by a record oI survey or legal
description, iI:
SUP-53907 PR1-53804]
JB


A. Using the property line oI that parcel Ior the purpose oI measuring the distance
separation reIerred to in Requirement 1 would qualiIy the parcel under the
distance separation requirement;
B. The proposed liquor establishment (tavern) will have direct access (both
ingress and egress) Irom a street having a minimum right-oI-way width oI 100
Ieet. The required access may be shared with a larger development but must be
located within the property lines oI the parcel on which the proposed liquor
establishment (tavern) will be located;
C. All parking spaces required by this Subchapter 19.12.070 Ior the liquor
establishment (tavern) use will be located on the same parcel as the use; and
D. The owners oI all parcels within the commercial subdivision, including the
owner oI agreement, satisIactory to the City Attorney, that provides Ior perpetual,
reciprocal cross-access, ingress and egress throughout the commercial
subdivision.

subfect property.

4. The distance separation requirement set Iorth in Requirement 1 does not apply to an
establishment which has a non-restricted gaming license in connection with a hotel having 200 or
more guest rooms on or beIore July 1, 1992, or in connection with a resort hotel having in excess
oI 200 guest rooms aIter July 1, 1992.

Not applicable, as there are no existing non-restrictea gaming licenses in connection with a
hotel having 200 or more guest rooms within 1500 feet of the subfect property.

5. The distance separation requirement set Iorth in Requirement 1 may be waived in accordance
with the provisions oI LVMC 19.12.050(C), but only in connection with a proposed liquor
establishment (tavern) that:

a. Will be located on a parcel within the C-V District, the Parkway Center District within
the Downtown Centennial Plan, the Gaming Enterprise Overlay District, or the
Downtown Casino Overlay District;
b. Will be located on a parcel or within a building that, pursuant to State law or City
ordinance, has been designated as an historic property, historic building, or landmark;
c. Will be located within a regional mall; or
d. Will be located within a mixed-use development
i. That has been approved by means oI Special Use Permit pursuant to LVMC
Chapters 19.12 and 19.16;
ii. That has a minimum net site area oI 15 acres; and
iii. Whose gross Iloor area oI nonresidential space is a minimum oI 250,000
square Ieet; or
e. Will be separated Irom the existing use by a street or highway with a minimum right-
oI-way width oI 100 Ieet.
SUP-53907 PR1-53804]
JB


subfect property.

* 6. The use shall conIorm to, and is subject to, the provisions oI LVMC Chapters 6.40 and 6.50.

The proposea use will be requirea to continuously meet this requirement as a conaition of
approval of a requestea Special Use Permit.

According to the submitted justiIication letter and Iloor plan, the proposed use meets the
deIinition outlined above. The proposed Liquor Establishment (Tavern) also adheres to all
minimum special use permit requirements as outlined by the Title 19.12. The subject site is not
located within 1,500 Ieet oI any church/house oI worship, school, individual care center licensed
Ior more than twelve children, City park or existing tavern. In addition, staII has added a
condition oI approval requiring the business conIorm to all provisions oI LVMC Chapter 6.50
with regards to running a Liquor Establishment (Tavern). As this request meets all the minimum
Special Use requirements and can be conducted in a compatible and harmonious manner within
the existing shopping center, staII recommends approval oI this application. II denied, the
applicant will not be allowed to conduct the Liquor Establishment (Tavern) use at this location.




The subject site is an approved 224,500 square-Ioot shopping center. The proposed Liquor
Establishment (Tavern) use is compatible with the surrounding land uses and can be
conducted in harmonious manner with surrounding land uses.


The subject site is located within an approved 224,500 square-Ioot shopping center
commercial shopping center that is physically suitable Ior the intensity oI the proposed
land use.

SUP-53907 PR1-53804]
JB


Access to the site will not change. Vehicles may enter the property Irom Hualapai Way or
Sahara Avenue, both 100-Ioot Primary Arterials, as classiIied by the Master Plan oI Streets
and Highways.

General Plan.

Approval oI this Special Use Permit will not compromise the public health saIety and
general welIare oI the public. The use will be subject to regular inspections and is subject
to licensing restrictions.


The proposed use meets all applicable conditions oI approval Ior a Liquor Establishment
(Tavern) use per Title 19.12.


NOTICES MAILED 1550

APPROVALS 1

PROTESTS 1
04/24/14
PRJ-53804
SUP-53907
04/24/14
PRJ-53804
SUP-53907
04/24/14
PRJ-53804
SUP-53907
06/10/14 PC
04/24/14
PRJ-53804
SUP-53907
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04/24/14
PRJ-53804
SUP-53907

Agenda tem No.: 57.


SUB1ECT:
SUP-53970 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
DYNAMIC PROPERTY HOLDINGS, LLC - For possible action on a request Ior a Special Use
Permit FOR A PUBLIC SCHOOL, SECONDARY USE at 7485 West Azure Drive (APN 125-
27-114-023), T-C (Town Center) Zone |SX-TC (Suburban Mixed Use - Town Center) Special
Land Use Designation|, Ward 6 (Ross) |PRJ-53983|. StaII recommends APPROVAL.



RECOMMENDATION:

4. Photos
6. Support Postcard

SUP-53970 PR1-53983]
GK


ITEM DESCRIPTION: APPLICANT/OWNER: DYNAMIC PROPERTY HOLDINGS,
LLC


CASE
AUMBER
RECOMMEADA1IOA
REQUIRED FOR
APPROJAL

`` CONDITIONS ``

SbF-5370 CONDIIIONS

Planning

1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Public School,
Secondary use.

2. ConIormance to the approved conditions Ior Site Development Plan Review (SDR-6109).

3. Prior to issuance oI building permits, the applicant shall submit a revised pick-up/drop-oII
route in which children are not required to traverse parked cars to reach the Iront entrance oI
the Private School, Secondary use.


SaIety.

SUP-53970 PR1-53983]
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Conditions Page Two


Public Works

8. Prior to operating as a school, construct school Flashers on Azure Drive meeting the
approval oI the City TraIIic Engineer.

9. A TraIIic Impact Analysis must be submitted to and approved by the Department oI Public
occur Iirst. Comply with the recommendations oI the approved TraIIic Impact Analysis
prior to occupancy oI the site. The TraIIic Impact Analysis shall also include a section
addressing Standard Drawings #234.1 #234.2 and #234.3 to determine additional right-oI-
way requirements Ior bus turnouts adjacent to this site, iI any; dedicate all areas
recommended by the approved TraIIic Impact Analysis. All additional rights oI way
required by Standard Drawing #201.1 Ior exclusive right turn lanes and dual leIt turn lanes
shall be dedicated prior to or concurrent with the commencement oI on site development
activities unless speciIically noted as not required in the approved TraIIic Impact Analysis.
Phased compliance will be allowed iI recommended by the approved TraIIic Impact
Analysis. No recommendation oI the approved TraIIic Impact Analysis, nor compliance
therewith, shall be deemed to modiIy or eliminate any condition oI approval imposed by the
Planning Commission or the City Council on the development oI this site.

SUP-53970 PR1-53983]
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`` STAFF REPORT ``

PRO1ECT DESCRIPTION

This is a request Ior a Public School, Secondary use to be located within an existing two-story,
27,932 square-Ioot commercial building at 7485 West Azure Drive. The existing building is
located within an existing 104,398 square-Ioot oIIice complex, which provides cross-access and
shared parking throughout the entire site. The applicant is not proposing any exterior alterations
to the existing building. The proposed use meets all Town Center and Title 19 requirements and
is compatible with the retail and oIIice uses in the complex. StaII thereIore recommends
approval oI the requested Special Use Permit, with conditions. II denied, the school may not
operate at this location.

ISSUES

A Public School, Secondary use is permissible in the SX-TC (Suburban Mixed Use
Town Center) Special Land Use Designation with approval oI a Special Use Permit.
According to the Town Center Development Standards, a Public School, Secondary use
may not locate adjacent to, nor have direct access/egress to a Parkway or Primary Arterial
in the Town Center.


12/07/98
The City Council approved a Rezoning (Z-0076-98) oI a 1,468-acre portion oI
the Centennial Hills area to T-C (Town Center). The Planning Commission
and staII recommended approval.
12/01/99
The City Council approved a request to amend (GPA-0030-99) a portion oI
the Northwest Sector Plan (now the Centennial Hills Sector Plan) Irom R
(Rural Density Residential) to TC (Town Center) and to amend portions oI
the Centennial Hills Town Center Land Use Plan Irom M-TC (Medium
Density Residential Town Center) to SX-TC (Suburban Mixed Use Town
Center) on 63.69 acres, including the subject site. An additional request to
amend the plan Irom SX-TC (Suburban Mixed Use Town Center) to GC-TC
(General Commercial Town Center) was withdrawn as part oI the approval.
The Planning Commission and staII recommended approval oI the request to
SX-TC (Suburban Mixed Use Town Center) and denial oI the remaining
portions oI the application.
SUP-53970 PR1-53983]
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04/04/01
The City Council approved a Site Development Plan Review |Z-0076-98(20)|
Ior a 138,000 square-Ioot commercial development on 14.16 acres at the
northwest corner oI Tenaya Way and Azure Drive and Ior a 110,000 square-
Ioot commercial development on 16.66 acres on the south side oI Azure Drive
between Tenaya Way and Rancho Drive. Planning Commission and staII
07/22/04
The Planning Commission approved a Site Development Plan Review (SDR-
4447) Ior a 122,477 square-Ioot oIIice development on 10 acres located
adjacent to the south side oI Azure Drive, approximately 1,250 Ieet west oI
Tenaya Way. StaII recommended approval.
04/06/05
The City Council approved a Review oI Condition (ROC-6074) to eliminate
condition number 22 oI Site Development Plan Review |Z-0076-98(20)|,
thereby allowing buildings greater than one story in height. StaII
recommended denial.
06/01/05
a 104,398 square-Ioot oIIice condominium complex on 10.04 acres located
adjacent to the south side oI Azure Drive, approximately 1,250 Ieet west oI
Tenaya Way. Planning Commission recommended approval. StaII
recommended denial.
06/23/05
The Planning Commission approved a Tentative Map (TMP-6701) Ior a one-
lot commercial subdivision on 10.04 acres adjacent to the south side oI Azure
Drive, approximately 1,250 Ieet west oI Tenaya Way.
04/04/07
The City Council approved a Master Sign Plan (MSP-20019) with a Waiver
oI the Town Center Development Standards to allow wall signage to Iace an
existing residential development located outside oI the Town Center limits
and to allow wall signage oI the second Iloor oI buildings 'A and 'B Ior a
commercial development located at 7425-7495 Azure Drive. The City
ReIerral Group (CRG) recommended approval with amended conditions.


03/16/06
A building permit (#6002075) was issued Ior a two-story oIIice building at
7485 West Azure Drive. The permit received a Iinal inspection on 05/15/07.
04/16/08
A building permit (#105346) was issued Ior an interior tenant improvement at
7485 West Azure Drive. The permit received a Iinal inspection on 10/16/08.
09/05/12
A business license (I14-00338) was issued Ior an oIIice, other than listed use
at 7485 West Azure Drive. The license was marked out oI business on
08/01/13.
SUP-53970 PR1-53983]
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A pre-application meeting was not held.


Field Check
05/01/14
StaII conducted a routine Iield check and noted a well maintained oIIice
complex Iree oI any trash or debris.

Site Area
Gross Acres 10.06

Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Subject Property Shopping Center TC (Town Center)
SX-TC (Suburban Mixed
Use Town Center)
North
Motor Vehicle Sales
(New)
TC (Town Center)
GC-TC (General
Commercial Town
Center)
South
Single Family
Residence
ML (Medium Low
R-PD7 (Residentially
Units per Acre)
East General Retail TC (Town Center)
SX-TC (Suburban Mixed
Use Town Center)
West
Multi-Family
Residential
ML (Medium Low
R-PD7 (Residentially
Units per Acre)

Town Center Master Plan Y
T-C (Town Center) District Y
Trails Y
SUP-53970 PR1-53983]
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Street Aame
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Azure Drive Town Center Loop
Town Center
Manual

90 Feet Y

Parking Requirement
Parking Parking
Use
Cross Floor
Area or
Aumber of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
OIIice Other
than Listed
52,199 SF 1:300 174
OIIice,
Medical or
Dental
52,199 SF
1:200 Ior
Iirst 2,000
SF;
1:175 Ior
additional
SF
297
OIIice,
Medical or
Dental
-27,932 SF
1:200 Ior
Iirst 2,000
SF;
1:175 Ior
additional
SF
-160
Private
School,
Secondary
17 classrooms
(27,932 SF)
Nine
spaces per
classroom
153


485

Y

SUP-53970 PR1-53983]
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ANALYSIS

The applicant is proposing a Public School, Secondary use at 7485 West Azure Drive. The
subject site is located within the Town Center Master Plan area and is designated as SX-TC
(Suburban Mixed Use Town Center), which allows a Public School, Secondary use with
approval oI a Special Use Permit. The Public School, Secondary use is deIined as 'an institution
that provides 9th through 12th grade education and is supported by a public, religious or private
organization.


1. May not locate adjacent to, nor have direct acess/egress to Main Street, Parkways, or
Primary Arterials in the Town Center.

The use complies with this requirement. Site access woula remain unchangea, as the school
plans to utili:e the existing ariveway access points along A:ure Drive. A:ure Drive is a 90-foot
wiae Town Center Loop as aesignatea by the Town Center Development Stanaaras.

The proposed school will oIIer 9th through 12th grades and utilize an existing two-story, 27,932
square-Ioot commercial building. The applicant is not proposing to make any exterior alterations
to the existing building. The interior build-out will be subject to building permit review and
result in 17 classrooms, oIIices, a lunch room, a gym and a mock courthouse.

The original Site Development Plan Review (SDR-6109) approved a 104,398 square-Ioot oIIice
complex. The proposed school would locate within a building originally approved Ior an oIIice,
medical or dental use. At that time, the subject 27,932 medical oIIice building required 160
parking spaces. As proposed, the Private School, Secondary use requires 153 parking spaces. As
such, the onsite parking provided is adequate.

A Private School, Secondary use is unique Irom the Private School, Primary use in that an
adequate pick-up/drop-oII area is not required by Title 19.12. However, students not oI legal
driving age will still require a designated and saIe pick-up/drop-oII area. The applicant has
submitted a proposed drop-oII route in which the area adjacent to the Iront entrance oI the
building, but behind the Iirst row oI parking stalls, would be utilized Ior pick-up and drop-oII.
Furthermore, the school would station Iive staII members throughout the oIIice complex to direct
traIIic. The proposed pick-up/drop-oII area is insuIIicient in that it would Iorce children to exit
vehicles behind a row oI handicap accessible parking spaces and require the children to traverse
the parked cars in order to reach the schools Iront entrance. As stated above, the subject site has
an excess oI parking spaces. The applicant is already proposing to utilize Iive staII members to
direct traIIic. These staII members could also temporarily cone-oII a Iew parking spaces at peak
pick-up/drop-oII hours to create a zone Iree oI obstacles. The applicant would not be allowed to
temporarily eliminate any existing handicap accessible parking stalls. Instead, there are two
groupings oI six regular parking stalls located to the east and west oI the handicap stalls.
SUP-53970 PR1-53983]
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The applicant could utilize either oI these areas Ior the pick-up/drop-oII zone. A condition oI
approval has been added requiring a revised pick-up/drop-oII area.

The proposed use is in compliance with all minimum Town Center and Title 19 requirements;
thereIore, staII recommends approval, with conditions.




The proposed Public School, Secondary use can be conducted in a manner that is
harmonious and compatible with the existing surrounding commercial land uses.


The subject site contains an existing oIIice and commercial center that provides shared
parking and access throughout the site. The proposed Private School, Secondary use would
locate within an existing medical oIIice building that originally required 160 parking
spaces. The subject site provides adequate onsite parking, as the proposed use would only
require 153 parking spaces.


Primary access to the site is provided by Azure Drive, a 90-Ioot wide Town Center Loop,
as classiIied by the Town Center Development Standards. The existing street is adequate
to meet the intensity oI the proposed Private School, Secondary use.

General Plan.

The proposed use will be subject to conIormance with licensing requirements and
inspection, thereby saIeguarding the public health, saIety and general welIare.
SUP-53970 PR1-53983]
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The proposed use adheres to all Minimum Special Use Permit Requirements as outlined by
the Town Center Development Standards.


NOTICES MAILED 367

APPROVALS 1

PROTESTS 0

05/01/14
PRJ-53983
SUP-53970
05/01/14
PRJ-53983
SUP-53970
06/10/14 PC
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Project: Quest Academy Tenant Improvement
Address: 7485 W. Azure Dr. Las Vegas, NV 89130
April 30, 2014
City of Las Vegas
Planning Department
333 N. Rancho Dr.
Las Vegas, NV 89106
A detailed letter that explains the request: For tenant improvement of a public charter school.
Intended use of the property: A public charter school.
How the project meets/supports existing City policies and regulations:
1. Town Center Development Standards page 24 paragraph 27 public or private school, primary
and secondary:

a. May not locate adjacent to, nor have direct access/egress to, Main Street, Parkway, or
Primary Arterial in the Town Center.
The existing site plan and location meet all conditions per Town Center Development Standards.
2. Location meets and exceeds parking requirements at a 4.52 per 1000SF ratio.
3. Our traffic control cue line for drop off and pickup is 2, 200 LF which would support
approximately 122 vehicles (see site plan).
4. The five traffic control personnel will efficiently, timely and in a safe manner direct traffic to
avoid impediment of any kind on W. Azure Dr. as well as accommodate existing tenants (see site
plan).
5. The school hours of operation are between 6:30 am to 7:25 am for drop off time. The pickup
time will be between 2:25 pm to 3:00 pm.
The existing complex hours of operation are from 8:30 am to 5:30 pm. Because there is no
overlap during commuting time we feel that this will not increase any congestion within the
existing site plan.
05/01/14
PRJ-53983
SUP-53970

Agenda tem No.: 58.


SUB1ECT:
SDR-53752 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING - APPLICANT:
DOTTY''S #108 - OWNER: HUGHES FAMILY, LLC #3, ET AL - For possible action on a
request Ior a Major Amendment to an approved Plot Plan Review (Z-0090-63) FOR THE
PROPOSED 928 SQUARE-FOOT EXPANSION OF A 3,870 SQUARE-FOOT LEGAL NON-
CONFORMING LIQUOR ESTABLISHMENT (TAVERN) USE AND MINOR MATERIAL
CHANGES TO THE ELEVATIONS on 0.67 acres at 1690 North Decatur Boulevard (APN 139-
19-401-003), C-1 (Limited Commercial) Zone, Ward 5 (Barlow) |PRJ-53647|. StaII
recommends APPROVAL.



RECOMMENDATION:

4. Photos

SDR-53752 PR1-53647]
JB


ITEM DESCRIPTION: APPLICANT: DOTTY'S #108 - OWNER: HUGHES FAMILY,
LLC #3, ET AL


CASE
AUMBER
RECOMMEADA1IOA
REQUIRED FOR
APPROJAL
SDR-53752 StaII recommends APPROVAL, subject to conditions:

`` CONDITIONS ``

SDk-53752 CONDIIIONS

Planning

1. ConIormance to the approved plot plan Rezoning (Z-0090-63).


3. All development shall be in conIormance with the site plan, Iloor plan and building
elevations and landscaping plan date stamped 05/15/14, except as amended by conditions
herein.

SaIety.

plan shall include irrigation speciIications.
SDR-53752 PR1-53647]
JB

Conditions Page Two




Public Works

9. Remove and replace all substandard public improvements (sidewalk), iI any, adjacent to
this site on Decatur Boulevard and replace with new improvements meeting current City
Standards concurrent with on-site development activities. All existing paving damaged or
removed by this development on shall be restored at its original location and to its original
width concurrent with development oI this site. The existing 'pan style driveway may
remain.

10. Remove the two parking stalls along the north property line adjacent to the entrance.

11. Landscape and maintain all unimproved right-oI-way, iI any, on Decatur Boulevard adjacent
to this site. All private improvements and landscaping installed with this project shall be
situated and maintained so as to not create sight visibility obstructions Ior vehicular traIIic at
all development access drives and abutting street intersections.

SDR-53752 PR1-53647]
JB

`` STAFF REPORT ``

PRO1ECT DESCRIPTION

This is a request Ior a Site Development Plan Review to amend the approved plot plan Rezoning
(Z-0090-63), which established the existing site design. The subject site is unique in the Iact that
is contains an existing non-conIorming building with a non-conIorming Liquor Establishment
(Tavern) land use. The applicant has proposed a 982 square-Ioot expansion oI the existing 3,890
square-Ioot legal non-conIorming building. The proposed building addition will be located in the
rear yard setback area and will be Iinished to match the existing exterior Iinish oI the existing
building. Additional site changes include re-stripping oI the parking lot to incorporate ADA
compliant parking spaces and relocation oI the existing trash enclosure on the northern perimeter
oI the building to the rear oI the building. This project meets all oI the minimum development
standards Ior commercial development and is compatible with surrounding development;
thereIore, staII approves the project with conditions.

ISSUES

Per Title 19.14.030 a non-conIorming use may expand as long as the increase is not more
than 50.
Per Title 19.16.100(H) any increase in Iloor area greater than 10 to an approved Site
Development Plan Review requires a Major Site Development Plan Review.
This request is limited to the proposed building addition, elevation changes and parking lot
restriping. No landscaping will be aIIected by this request.


06/27/63
The Board oI Commissioners approved a request Ior Rezoning (Z-0090-63)
Ior reclassiIication oI property Irom R-E (Residence Estates) to R-3 (Medium
Density Residential) on parcel #1 and R-E (Residence Estates) to C-1
(Limited Commercial) on parcel #2 generally located on the northeast corner
oI Decatur Boulevard and Vegas Drive,
11/30/78
The Board oI Zoning Adjustment approved a Special Use Permit (U-0074-78)
to operate a minor automotive repair Iacility (on property located on the
eastside oI Decatur Boulevard 400 Ieet north oI Vegas Drive.
11/18/86
The Board oI Zoning Adjustment approved a Special Use Permit (U-0096-86)
to allow construction oI an automotive center (tune up service and minor
repairs) on property located on the eastside oI Decatur Boulevard.
SDR-53752 PR1-53647]
JB

03/23/89
The Board oI Zoning Adjustment denied a Variance (V-0005-89) to allow 71
parking spaces where 102 parking spaces are required Ior a proposed cocktail
lounge located on the east side oI Decatur boulevard approximately 358 Ieet
north oI Vegas Drive.
04/13/89
The Planning Commission approved a Rezoning (Z-0090-63) Ior a Plot Plan
Review regarding a proposed bar on property located on the east side oI
Decatur Boulevard, north oI Vegas Drive. The Planning Commission
recommended approval oI the request.


04/01/92
A business license (L16-00166) was issued Ior Tavern (Alibi Casino) at 1690
North Decatur Boulevard. The license was marked out oI business on
03/24/14.
A business license (C08-01430) was issued Ior Coin Amusement Machines
(Alibi Casino) at 1690 North Decatur Boulevard. The license was marked
inactive on 01/02/14.
05/05/92
A business license (C05-01578) was issued Ior Tobacco Dealer (Alibi Casino)
at 1690 North Decatur Boulevard. The license was marked inactive on
01/02/14.
11/04/93
A business license (G07-00025) was issued Ior Gaming Non-restricted
Limited (Alibi Casino) at 1690 North Decatur Boulevard. The license was
marked inactive on 01/02/14.
01/26/94
A business license (R09-00519) was issued Ior a Restaurant (Alibi Casino) at
1690 North Decatur Boulevard. The license was marked inactive on 01/02/14.
06/18/09
A building permit (#141773) was issued Ior a sign (Alibi Casino) at 1690
North Decatur Boulevard. The permit has not been Iinalized.
04/15/13
A building permit (#232836) was issued Ior a sign (Alibi Casino) at 1690
North Decatur Boulevard. The permit has not been Iinalized.
A building permit (#257743) was processed Ior a tenant improvement
(Dotty`s #108) at 1690 North Decatur Boulevard. The permit has not been
issued.
A building permit (#257744) was processed Ior a Casino/Tavern addition
issued.
04/07/14
A building permit (#257745) was processed Ior on-sites/trash enclosure
issued.
SDR-53752 PR1-53647]
JB


04/10/14
StaII met with the applicant to review the requirements submittal procedures
Ior a Site Development Plan Review Ior a proposed expansion oI an existing
Liquor Establishment (Tavern).

A neighborhood meeting is not required, nor was one held

Field Check
05/20/14
StaII conducted a Iield inspection and Iound well maintained commercial
structure. However, there were over grown weeds and debris throughout the
parking lot area primarily behind the building.

Site Area
Net Acres 0.67

Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Subject Property
Liquor
Establishment
(Tavern)
SC (Service
Commercial)
C-1 (Limited
Commercial)
North
Multi-Family
Residential
M (Medium Density
Residential)
R-3 (Medium Density
Residential)
South
Auto Repair Garage
(Major)
SC (Service
Commercial)
C-1 (Limited
Commercial)
East
Multi-Family
Residential
M (Medium Density
Residential)
C-1 (Limited
Commercial)
West
Auto Repair Garage
(Minor)
SC (Service
Commercial)
C-1 (Limited
Commercial)

SDR-53752 PR1-53647]
JB

Trails N/A


Min. Lot Width 100 Feet 90 Feet Y*
Min. Setbacks
Front
Side (north)
Side (south)
Rear
10 Feet
10 Feet
0 Feet
20 Feet
125 Feet
45 Feet
0 Feet
93 Feet
Y
Y
Y*
Y
Max. Building Height N/A 19.5 Feet Y
Trash Enclosure
Screened, Gated, w/
a RooI or Trellis
Y
Mech. Equipment Screened Y
*The subfect builaing was approvea at its current location per the approvea plot plan Re:oning
(Z-0090-63), the subfect site has been aeemea non-conforming to current Title 19.08
aevelopment stanaaras.

Street Aame
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
North Decatur
Boulevard
Primary Arterial
Planned Streets and
Highways Map

123 Feet Y
SDR-53752 PR1-53647]
JB


Parking Requirement
Parking Parking
Use
Cross Floor
Area or
Aumber of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Liquor
Establishment
(Tavern)

4,872 SF
|2,111SF
public
seating area
and 2,761
gross Iloor
area|
1 space Ior
each 50 SF
oI public
seating and
waiting area
(including
areas Ior
seating and
waiting),
plus 1 space
Ior each 200
SF oI the
total
remaining
gross Iloor
area
56

TOTAL SPACES REQUIRED 56 57 Y

ANALYSIS

This is a request Ior a Site Development Plan Review to amend to the approved plot plan
Rezoning (Z-0090-63), which established the existing site design. The subject site is unique in
the Iact that is contains an existing non-conIorming building that does not meet current Title
19.08 minimum side yard setback oI ten Ieet. In addition, the existing building also does not
conIorm to the minimum residential adjacency distance separation requirement which requires a
48-Ioot distance separation Irom a residential land use; the existing building is only 45 Ieet away
Irom a residential use to the north. Also, the existing Liquor Establishment (Tavern) land use has
been deemed non-conIorming because it does not meet the required 1,500-Ioot distance
separation requirement that Title 19.12 requires Irom a City park located to the south (Ed
Fountain Park).
SDR-53752 PR1-53647]
JB


The applicant has proposed a 982 square-Ioot expansion oI the existing 3,890 square-Ioot Legal
non-conIorming building and use. Per Title 19.14.030 a non-conIorming use may expand as long
as the increase is not more than 50; this increase constitutes a 25 increase in Iloor area. Also,
the addition will not encroach beyond the existing building setbacks more than 50. The
proposed building addition will be located in the side and rear yard setback area and will be
Iinished to match the exterior Iinish oI the existing building. The submitted elevations show that
the building will be covered with brown stucco and have stone veneer accents on the corners oI
the structure. The overall height oI the building will remain at 16 Ieet; however a 3.5-Ioot tall
parapet wall has been added to the western perimeter oI the building which will be utilized to
screen mechanical equipment on the rooI. Additional site changes include re-stripping oI the
parking lot to incorporate three ADA compliant parking spaces and relocation oI the existing
trash enclosure on the northern perimeter oI the building to the rear oI the building. This project
meets all oI the minimum development standards Ior commercial development and is compatible
with surrounding development; thereIore, staII approves the project with conditions.




The subject site has an existing tavern, which has existed harmoniously in the area Ior the
past 25 years. The proposed building addition, elevation changes and parking-lot re-
striping are compatible with the surrounding area and the adjacent commercial and
residential uses. The proposed expansion should not change the character or nature oI the
subject site in a way that would change its impact to surrounding properties.


The existing legal non-conIorming liquor establishment (tavern) continues to meet all
minimum City standards and remains a permissible use in the SC (Service Commercial)
land use designation. The proposed building additions, elevation changes and parking lot
re-striping will not change the existing use on site.

SDR-53752 PR1-53647]
JB


The site is accessed Irom Decatur Boulevard. The internal site access and parking areas
have been designed and constructed earlier to meet the requirements oI the liquor
establishment (tavern) use.


The proposed building additions will be Iinished to match the existing exterior Iinish oI the
existing building. The project design and style are appropriate Ior the subject location and
will retain the existing perimeter landscaping.


The design characteristics oI the proposed building elevations are not unsightly and are
compatible with development in the area. The applicant is seeking to renovate and update
the existing 3,890 square-Ioot building that was built in 1972. The proposed materials
provide a suitable and contemporary update Ior the surrounding commercial uses.

general welfare.

The proposed building additions, elevation changes, parking lot restriping to the existing
Legal Non-ConIorming Liquor Establishment (Tavern) will be subject to inspections in
order to protect the public health, saIety and general welIare by City staII.


NOTICES MAILED 310

APPROVALS 0

PROTESTS 0

04/17/14
PRJ-53647
SDR-53752
04/17/14
PRJ-53647
SDR-53752
06/10/14 PC
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SDR 53752
Dotty's #108
1690 N Decatur Blvd.
Proposed 0.928 thousand square foot expansion of an existing liquor establishment (tavern).
RATE/#
UNIT TOTAL
HIGH-TURNOVER (SIT-DWN)
RESTAURANT [1000 SF]
3.87
127.15 492
RATE/#
UNIT TOTAL
4.798
127.15 610
RATE/#
UNIT TOTAL
0.928
127.15 118
Decatur Avenue
Vegas Drive
Decatur Avenue 51,800
Vegas Drive 34,500
This project is expected to add about 118 trips per day on Decatur Ave. & Vegas Dr. Currently, Decatur is at about 72
percent of capacity and Vegas is at about 35 percent of capacity. With this project, these capacites are not expected to
change.
Based on Peak Hour use, this project will add about 11 trips in the peak hour, or about one every six minutes.

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04/17/14
PRJ-53647
SDR-53752

Agenda tem No.: 59.


SUB1ECT:
TXT-53959 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For discussion and possible action to amend LVMC 19.02.300 to revise
deIinitions, purpose, permit Iees, and compliance procedures related to Multiple Species Habitat
Conservation, and to provide Ior other related matters. StaII recommends APPROVAL.

THIS ITEM WILL BE FORWARDED TO CITY COUNCIL IN ORDINANCE FORM


RECOMMENDATION:
StaII recommends APPROVAL

1. Proposed Amendments and StaII Report
TXT-53959
SS


ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS


CASE
AUMBER
RECOMMEADA1IOA
REQUIRED FOR
APPROJAL
TXT-53959 StaII recommends APPROVAL.

`` PROPOSED AMENDMENT(S) ``

1. LVMC 19.02.300, 'Multiple Species Habitat Conservation, is hereby amended as
Iollows:

A. Definitions

As used in this Section, the Iollowing terms shall have the Iollowing meanings:

'City means the City oI Las Vegas.

'Development permit means an on-site or oII-site permit issued by the City to
authorize the development oI a parcel which has not previously been improved in
accordance with all applicable City ordinances. The term includes building permits
and grading permits Ior construction activity, but does not include demolition
permits or temporary power permits.

'Implementing Agreement means the document entitled 'Interlocal Agreement Ior
the Implementation oI the Clark County Multiple Species Habitat Conservation Plan
Implementing Agreement and Section 10(a)(1)(B) Permit, approved by the City
Council on November 1, 2000 December 18, 2013, and as thereaIter modiIied.

'Incidental Take Permit means the permit, eIIective as oI February 1, 2001, issued
by the Secretary oI Interior pursuant to Section 10(a)(1)(B) oI the Federal
Endangered Species Act oI 1973, 16 U.S.C. Section 1539, which incorporates by
reIerence the Multiple Species Habitat Conservation Plan and Implementing
Agreement and allows the incidental taking oI Threatened or Endangered Species in
the course oI otherwise lawIul activities.
TXT-53959
SS

Proposed Amendments Page Two

'Mitigation Iee means the Iee imposed pursuant to the provisions oI this Section.

'Multiple Species Habitat Conservation Plan (MSHCP) means the 'Clark County
Multiple Species Habitat Conservation Plan approved by the City Council on
August 18, 1999, and as thereaIter modiIied.

'Parcel means a parcel oI real property that is the subject oI a development permit
application.

'Residential unit means a building or portion thereoI used by one Iamily and
containing but one kitchen, and designed Ior single Iamily residential purposes only.

'Section 10(a) permit means a permit issued by the Secretary oI Interior pursuant to
Section 10(a) oI the Federal Endangered Species Act oI 1973, 16 U.S.C. Section
1539, to allow the incidental taking oI threatened or endangered species in the
course oI otherwise lawIul activities.

B. Purpose of Provisions

The purposes oI this Section are to:

1. Provide Iunds to implement conservation actions within the City to
protect various habitats and species located within the City;

2. Comply with the terms oI the Multiple Species Habitat Conservation
Plan (MSHCP) and the corresponding Implementing Agreement, both
oI which have been approved by the City Council; and

3. Comply with Section 10(a)(1)(B) permits that have been or will be
issued with regard to development activity within the City.

C. Mitigation Fee

1. Development Permits

No development permit Ior real property located within the City shall be issued
or approved without payment oI the MSHCP mitigation Iee. Except as
otherwise provided in Subparagraphs (a) and (b), each applicant Ior a
development permit shall pay a the MSHCP mitigation Iee oI Iive hundred IiIty
dollars ($550.00) per gross acre (or portion thereoI) that is included within any
parcel to be developed and any additional area to be disturbed Ior related oII-site
improvements. The mitigation Iees allow the applicant, by certiIicate oI
inclusion, to comply with the Iederal Endangered Species Act through the
Incidental Take Permit issued to the City. Fees collected are used to implement
the terms oI the Incidental Take Permit.
TXT-53959
SS

Proposed Amendments Page Three

a. Land Disturbance Report Required. Each applicant Ior a development
permit shall, prior to issuance thereoI, complete a land
disturbance/mitigation Iee report on the Iorms Iorm Iurnished by City
departments responsible Ior issuing development permits. The land
disturbance/mitigation Iee Iorm report must be complete, be signed by the
applicant and contain at a minimum the Iollowing inIormation: assessor`s
parcel number(s), number oI acres within the parcel and the area to be
disturbed by related oII-site improvements, and the amount oI any mitigation
Iee(s) actually paid.

b. Processing Fee. Each applicant Ior a development permit shall pay to the
City department responsible Ior the issuance oI a development permit a
processing Iee oI twenty-Iive dollars ($25.00) per residential development
permit and IiIty dollars ($50.00) per commercial development permit.

c. MSHCP mitigation Iees shall not be waived nor reIunded except as speciIied
in this Section.

2. Exceptions

The Iollowing types oI development are shall not required to be subject to
payment oI the MSHCP mitigation Iee:

a. Reconstruction oI any structure damaged or destroyed by Iire or other natural
causes;

b. Rehabilitation or remodeling oI existing structures or existing oII-site
improvements; or

c. Any land disturbance by the City Ior a governmental purpose Disturbance oI
any lands, including lands conveyed Irom Iederal to private ownership,
within the City, which are covered by and are subject to the terms and
conditions oI a separate habitat conservation plan and incidental take permit
approved and issued by the U.S. Fish and WildliIe Service. Such lands are
not covered by or subject to the Incidental Take Permit.

3. Adjustments

In the Iollowing cases, the mitigation Iee shall be adjusted as indicated:
TXT-53959
SS

Proposed Amendments Page Four

a. For any development concerning which the developer previously has paid
mitigation-related Iees pursuant to a consultation under Section 7 oI the
Federal Endangered Species Act, the mitigation Iee shall be reduced by the
amount oI any Section 7 Iees actually paid to the Iederal government.
Applicants Ior a development permit who have previously paid per acre Iees
pursuant to Section 7 oI the Iederal Endangered Species Act may be required
to pay a portion oI the MSHCP Mitigation Fee as Iollows:

1. II an applicant paid less than Iive hundred IiIty dollars ($550.00) per
gross disturbed acre or any portion thereoI located within the parcel as
well as the area disturbed by related oIIsite improvements in Section 7
Iees, the applicant shall pay the diIIerence between Iive hundred IiIty
dollars ($550.00) per acre and the amount per acre paid in Section 7 Iees.
These acres shall be covered by and subject to the Incidental Take
Permit.

2. II an applicant paid Iive hundred IiIty dollars ($550.00) or more per
gross disturbed acre or any portion thereoI located within the parcel as
well as the area disturbed by related oIIsite improvements in Section 7
Iees, the applicant shall not pay the MSHCP Mitigation Fee Ior those
acres. Those acres are not covered by or subject to the Incidental Take
Permit.

b. For single Iamily residential development and manuIactured housing on lots
two gross acres in size or greater, where less than one-quarter oI an acre oI
the property is graded or otherwise disturbed, with the balance oI the
property leIt in its natural condition, the mitigation Iee shall be one hundred
thirty-seven dollars and IiIty cents. Where more than one-quarter acre but
less than one-halI acre is graded or otherwise disturbed, and the balance oI
the property is leIt in its natural condition, the Iee shall be two hundred
seventy-Iive dollars. Where more than one-halI acre is graded or otherwise
disturbed by the construction, the Iee shall be Iive hundred IiIty dollars per
acre Ior each acre (or Iraction thereoI greater than one-halI) which is graded
or otherwise disturbed.

Applicants who request reIunds aIter submitting a development permit
application and then withdrawing it prior to the permit issuance may
request a reIund in writing to the City. This written request shall be
researched by the City to determine iI the reIund is acceptable and that the
permit has been withdrawn. II the City determines that the reIund is
acceptable, the City will then Iorward a completed Fee ReIund Iorm, the
letter oI request Ior reIund, and a copy oI the original permit to the Clark
County Desert Conservation Program. County personnel shall prepare the
reIund paperwork Ior the consent agenda Ior the next scheduled Board oI
TXT-53959
SS

Proposed Amendments Page Five

County Commissioners meeting. Upon approval Irom the Board oI County
Commissioners, the reIund amount will be transIerred to the City Iinance
department. The Applicant may receive up to eighty percent (80) oI the
MSHCP Mitigation Fee paid by the City. Processing Iees paid by the
applicant to the City will not be reIunded.

c. For Ireestanding oII-premises signs, communication towers and similar
structures that are unoccupied except Ior maintenance, where less than one-
quarter oI an acre oI the property is graded or otherwise disturbed, the
mitigation Iee shall be one hundred thirty-seven dollars and IiIty cents.
Where more than one-quarter but less than one-halI acre is graded or
otherwise disturbed, the Iee shall be two hundred seventy-Iive dollars.
Where more than one-halI acre is graded or otherwise disturbed by the
construction, the Iee shall be two hundred IiIty dollars per acre Ior each acre
(or Iraction thereoI greater than one-halI) which is graded or otherwise
disturbed.

d. Where a development permit has been issued previously and has expired, the
applicant Ior a new development permit on the same parcel shall pay the
mitigation Iee required by the current version oI this Section less any amount
previously paid under this Section or its predecessor.

4. Collection and Deposit to Special Reserve Fund

All MSHCP mitigation Iees collected pursuant to the provisions oI this Section
shall be transmitted on a monthly basis, pursuant to an interlocal the
Implementing agreement Agreement, Ior deposit into a the special reserve Iund
Special Reserve Fund. That Iund The Fund, including interest and other income
which accrues thereto, shall be expended solely Ior the development and
implementation oI the terms oI the Multiple Species Habitat Conservation Plan
and associated Section 10(a) permits, as those documents currently exist or as
they may hereaIter be amended or issued Incidental Take Permit and any
amendments thereto.

5. Real Property Acceptance In Lieu of Payment

AIter approval by the U.S. Fish and WildliIe Service and the City Council, and
upon compliance with any applicable statutory or charter provisions, the City or
its designee may accept real property or interests therein in lieu oI the payment
oI mitigation Iees. The Iair market value oI such real property must equal or
exceed the amount oI the mitigation Iees otherwise required to be paid.

D. Compliance with Provisions the Endangered Species Act
TXT-53959
SS

Proposed Amendments Page Six

1. Any All person persons, Iirm Iirms or entity entities located within the City that
engages engage in any activity within the City which is covered by the Multiple
Species Habitat Conservation Plan, including but not limited to residential and
commercial development, agriculture, mining, grazing, and oII-highway vehicle
activities shall must comply with the applicable provisions oI the Incidental Take
Permit to be included, by certiIicate oI inclusion, Ior coverage under the
Incidental Take Permit. Iollowing, all oI which are on Iile in the oIIices oI the
City Clerk and the Department:

a. This Section;

b. The Multiple Species Habitat Conservation Plan;

c. The Implementing Agreement; and

d. Any Section 10(a) permit issued in connection therewith.

2. Any All person persons, Iirm Iirms or entity entities (including any their agent
agents or and employee employees) that complies comply with the provisions oI
this Section is are permitted to incidentally take any species Ior which the U.S.
Fish and WildliIe Service has issued a the Incidental Take Permit Section 10(a)
permit has been issued in Iavor oI the City so long as that person, Iirm or entity
has complied and continues to comply with the applicable provision provisions
oI the Incidental Take Permit to be included, by certiIicate oI inclusion, Ior
coverage under the Incidental Take Permit Multiple Species Habitat
Conservation Plan, the Implementing Agreement, and any Section 10(a) permit
issued in connection therewith.

3. Any All person persons, Iirm Iirms or entity entities that is are not required to
pay a an MSHCP mitigation Iee pursuant to this Section, but which is are
otherwise in compliance with the applicable provisions oI the Incidental Take
Permit, this Section, the Multiple Species Habitat Conservation Plan, the
Implementing Agreement, and any Section 10(a) permit issued in connection
therewith, is are hereby permitted to incidentally take any species covered by the
Multiple Species Habitat Conservation Plan and Ior which a Section 10(a)
permit has been issued in Iavor oI the City Incidental Take Permit.

4. The City is authorized to immediately revoke the permission granted to any
certiIicate oI inclusion that allows a person, Iirm or entity to comply with the
Iederal Endangered Species Act through the Incidental Take Permit, including
the incidental take oI species listed in the Incidental Take Permit, pursuant to
Paragraphs (2) or (3), without additional action or notice, iI that person, Iirm or
entity ceases to be in compliance with Paragraphs (1), (2) or (3) oI this
Subsection.

TXT-53959
SS

`` STAFF REPORT ``

PRO1ECT DESCRIPTION

This is a request Ior discussion and possible action to amend LVMC 19.02.300 to revise
deIinitions, purpose, permit Iees, and compliance procedures related to Multiple Species Habitat
Conservation, and to provide Ior other related matters.


08/04/89
The Department oI Interior, U.S. Fish and WildliIe Service Iirst listed the
Desert Tortoise as an endangered species under the Federal Endangered
Species Act oI 1973.
10/18/89
The City Council adopted the First Amendment oI Bill 89-55 as Ordinance
3459, which created LVMC Title 18.47 regarding Desert Tortoise habitat
conservation to Iinance the preparation, development and implementation oI a
Desert Tortoise Habitat Conservation Plan.
06/21/94
The Clark County Board oI Commissioners adopted the Clark County Desert
Conservation Plan.
07/16/99
The Clark County Board oI Commissioners adopted the Multiple Species
Habitat Conservation Plan (MSHCP).
11/01/00
The City Council adopted Bill 2000-81 as Ordinance 5268 to replace LVMC
Title 18.30 regarding desert tortoise habitat conservation with a new chapter
regarding multiple species habitat conservation.
01/09/01
The Department oI Interior, U.S. Fish and WildliIe Service issued a Section
10(a)(1)(B) incidental take permit Ior 78 species in Clark County to the cities
oI Henderson, Boulder City, Las Vegas, Mesquite, North Las Vegas, and the
entities oI Clark County and the Nevada Department oI Transportation. The
permit became eIIective 02/01/01.
03/16/11
The City Council adopted Bill 2011-7 as Ordinance 6135 to merge LVMC
Title 18 (Subdivision Regulations) and LVMC Title 19 (Zoning Code) into
one Title to be known as the UniIied Development Code oI the City oI Las
Vegas, eIIective May 1, 2011. The existing Title 18.30 was incorporated into
the UDC as Title 19.02.300.
12/18/13
The City Council adopted a new Interlocal Agreement Ior the implementation
oI the Clark County Multiple Species Habitat Conservation Plan and Section
10(a)(1)(B) Permit between the City oI Boulder City, the City oI Henderson,
the City oI Las Vegas, the City oI Mesquite, the City oI North Las Vegas and
the County oI Clark.
TXT-53959
SS


ANALYSIS

Pursuant to a recently adopted interlocal agreement Ior the implementation oI the Clark County
Multiple Species Habitat Conservation Plan (MSHCP), the City oI Las Vegas is required to adjust
its ordinances regarding the MSHCP to mirror those oI Clark County and to repeal the mitigation
Iee exception Ior governmental projects. The proposed amendment serves these purposes. The
MSHCP mitigation Iee and associated processing Iees added to development permits will remain
unchanged.

FINDINGS (TXT-53959)

The proposed text amendment will achieve the Iollowing:
SatisIies terms oI the interlocal agreement with other entities in Clark County regarding
the MSHCP.
Brings the City`s codes regarding implementation oI the MSHCP into alignment with
those oI Clark County.
ClariIies exceptions and adjustments that may be made to the MSHCP mitigation Iees, but
does not change the Iees themselves.
Makes additional changes to the text Ior clariIication.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED N/A

NOTICES MAILED RJ only

APPROVALS 0

PROTESTS 0

Agenda tem No.: 60.


SUB1ECT:
DIR-53876 - DIRECTOR''S BUSINESS - PUBLIC HEARING - APPLICANT/OWNER: CITY
OF LAS VEGAS - For discussion and possible action on a presentation oI the Las Vegas 2020
Master Plan annual report |PRJ-53572|. StaII has NO RECOMMENDATION.

NO ACTION


RECOMMENDATION:
StaII has NO RECOMMENDATION

1. StaII Report
DIR-53876 PR1-53872]
FS


ITEM DESCRIPTION: - APPLICANT/OWNER: CITY OF LAS VEGAS


CASE
AUMBER
RECOMMEADA1IOA
REQUIRED FOR
APPROJAL
DIR-53876 StaII has NO RECOMMENDATION
DIR-53876 PR1-53872]
FS

`` STAFF REPORT ``

PRO1ECT DESCRIPTION

The Iollowing is an annual report on the Las Vegas 2020 Master Plan. Pursuant to Nevada
Revised Statutes (NRS) 278.190, the Planning Commission is required to review the plan and its
implementation progress annually.

EXECUTIVE SUMMARY

The Las Vegas 2020 Master Plan is in compliance with NRS as all required components oI the
plan have been addressed. Approximately 97 (536 out oI 553) oI all the Master Plan`s goals,
objectives, policies and actions are either ongoing or have been completed.


06/25/09
The Planning Commission approved Directors Business Item (DIR-34586) Ior
the 2009 Master Plan Implementation Report.
07/21/10
The City Council approved the Directors Business Item (DIR-38691) Ior the
2010 Master Plan Implementation Report.
08/17/11
The City Council approved the Directors Business Item (DIR-41864) Ior the
2011 Master Plan Implementation Report.
07/10/12
the 2012 Master Plan Implementation Report.
07/09/13
the 2013Master Plan Implementation Report.

ANALYSIS

The Nevada Revised Statutes (NRS) require the preparation and adoption oI a comprehensive,
long-term general plan Ior the physical development oI the city. In counties with a population oI
700,000 or more, such as Clark County, state law requires the master plan Ior each government
to address eight diIIerent subject areas ranging Irom land use to school Iacilities. The City has
been in compliance with this requirement since 2009.
DIR-53876 PR1-53872]
FS


At the 2013 Nevada State Legislature, Senate Bill 55 was passed which reduced the number oI
master plan elements required by the Nevada Revised Statues Irom 18 to eight. While eight
elements are prescribed by NRS, it also states that the City may adopt additional elements iI it
determines that it contributes to the physical development oI the city or region. As a result, the
City will eventually have more than the eight required elements as the Trails Element adopted in
2012 is independent Irom the eight elements identiIied by NRS.

As element updates are conducted in the Iuture, they will be consolidated into one oI the required
elements as deemed appropriate. This change will allow the City to be in conIormance with state
law while maintaining Iewer master plan elements and allowing end users to access the same
inIormation in Iewer locations. The Iirst element to be consolidated was the Public Facilities and
Services Element, which combined the Iormer Economic, Public Facilities, Public Buildings and
School Facilities Element into one document.

The Department oI Planning maintains a Iive-year maintenance schedule Ior each oI the required
elements. The completion oI each update will ensure that relevant inIormation is continually
available to assist the city with policy decisions that address both current and Iuture issues. The
maintenance schedule is detailed in the chart below.

New Element Elements to be Consolidated Next Expected
Update
Policies or
Recommendations
Conservation
Element
Conservation Element
Water Element
Solid Waste Disposal Plan

2017

59

Historic
Preservation
Element
Historical Properties and
Neighborhood
Preservation Plan Element
2015

26
Housing and
Population
Element
Housing Element
Population Element

2021 (awaiting
2020 census)

44
Land Use
Element
Land Use and Rural
Preservation Element
Community Design
Element
2016

33

DIR-53876 PR1-53872]
FS

*The Recreation and Transportation Trails Elements were consolidated into an independent Trails Element in 2012.

Element Updates Competed or Started in Fiscal Year 2013-2014

Parks and Recreation Element
Public Facilities and Services Element
An updated Parks and Recreation Element was adopted by the City Council on November 20,
2013. An update to the Public Services and Facilities Element, which is a consolidation oI the
Iormer Economic, Public Facilities and Services, Public Buildings and School Facilities
Elements, is scheduled to be adopted by City Council on June 18, 2014.

Goals, Objectives and Policies Implemented in Fiscal Year 2013-2014

In addition to updating 2020 Master Plan elements, the Department oI Planning has assisted in
the completion oI many projects directly related to the goals, objectives and policies oI the 2020
Master Plan. The hierarchy begins with broad goals, Iollowed by more speciIic objectives, and
Iinally by individual policies. The Iollowing table details many oI the City`s accomplishments
Ior Iiscal year 2013-2014.
New Element Elements to be Consolidated Next Expected
Update
Policies or
Recommendations
Public Services
and Facilities
Element
Economic Element
Public Buildings Element
School Facilities Element
Public Facilities and
Services Element
2019

66

Recreation and
Open Space
Element
Parks and Recreation
Element
2018 20
SaIety Element SaIety and Seismic
Element
2016 19
Transportation
Element
Transit Element
Transportation Streets and
Highways Element

2015

68
Trails Element* Transportation Trails
Element
Recreations Trails Element

2018

21

DIR-53876 PR1-53872]
FS


Goal 1
Re-Urbanization: The Downtown area will emerge as the preeminent hub oI business,
residential, government, tourism and gaming activities in the city oI Las Vegas and as a major
hub oI such activities in the Las Vegas Valley.
Objective Action
Re-urbanization Objective 1.2: To improve
the livability oI the Downtown through the
creation oI a series oI saIe, attractive and
interesting public open spaces and non-
vehicular routes to connect these open spaces
and other Downtown activities.
Pedestrian and bicycle improvements have
recently been completed on 1
st
street and
Garces Avenue. Public Works is currently in
the design phase oI a series oI improvements
to the Downtown Bicycle and Pedestrian
network on 3
rd
Street, 6
th
Street, Main Street,
Carson Ave, Gass Avenue and Coolage Ave.
Re-urbanization Objection 1.3 To recognize
the role oI gaming, tourism and entertainment
as a principal Iocus oI Downtown Las Vegas,
while at the same time to expand the role oI
other commercial, government and cultural
activities in the Downtown core.
Ongoing construction oI the Federal Justice
Center and outlet mall expansion; Opening oI
the Zappos Headquarters, Container Park,
Downtown Grand, Atomic Lounge and White
Cross Market

Re-urbanization Objective 1.5: To bring
cultural, entertainment and sports Iacilities that
will draw patrons Irom across the Las Vegas
Valley to the Downtown area, to provide
another dimension to the attraction oI
Downtown Las Vegas.
The Inspire Theater and the Container Park
are recent cultural additions that provide
another dimension oI attraction to Downtown
Las Vegas

Re-urbanization Objective 1.6: To provide
high quality transit service including integrated
bus and rapid transit, which serves the
Downtown and which connects the Downtown
with other employment, entertainment and
shopping nodes within the Valley.
Several new Bus Rapid Transit routes that
make stops at the Bonneville Transit center to
other areas oI the valley have been
implemented by the RTC.
Policy Action
Re-urbanization Policy 1.2.3: That all
Downtown parks and open spaces be linked
with non-vehicular corridors or routes. These
routes may incorporate a theme, and should be
readily identiIiable through sidewalk treatments,
signage, lighting, landscaping and other
techniques. Enhanced streetscapes should be
developed along selected corridors. The intent is
to Ioster a saIe, pleasant and convenient
pedestrian environment. The City will promote
the use oI public/private partnerships to develop
Downtown open space.
Pedestrian and bicycle improvements have
recently been completed on 1
st
street and
Garces Avenue. Public Works is currently in
the design phase oI a series oI improvements
to the Downtown Bicycle and Pedestrian
network on 3
rd
Street, 6
th
Street, Main Street,
Carson Ave, Gass Avenue and Coolidge Ave.

DIR-53876 PR1-53872]
FS


Policy Action
Re-urbanization Policy 1.3.1: That the
Fremont Street Experience continue to be the
Iocal point Ior tourist and gaming activities
within the Downtown. An important secondary
node Ior existing and Iuture tourist and gaming
activities should be the area north oI Sahara
Avenue and south oI St. Louis Avenue, west oI
Las Vegas Boulevard.
The Slotzilla zip line attraction opened in
2014.

Goal 2
Neighborhood Revitalization: Mature neighborhoods will be sustained and improved through
appropriate and selective high quality redevelopment and preservation.

Objective Action
Neighborhood Revitalization Objective 2.3:
To prepare, adopt and implement special area
plans and neighborhood plans where more
detailed planning is needed. These special area
plans shall conIorm to and implement the
Master Plan and address land use and other
issues speciIic to that area. Neighborhood plans
shall be prepared in conIormance with the
neighborhood planning process.

Completion West Las Vegas Walkable
Community Plan; Ongoing development oI
the RaIael Rivera Walkable Community plan.
Policy Action
Neighborhood Revitalization Policy 2.1.5:
That new commercial development be designed
in a walkable and non-vehicular Iriendly
manner, providing shelter Irom sun and wind,
with outdoor seating areas and other amenities
and parking areas located away Irom the street.

The adoption oI the UniIied Development
Code and the progress on the Walkable
Community Plans has worked toward
completion oI this requirement. The city has
partnered with several other entities and HUD
to Iorm the Southern Nevada Strong initiative,
which Iocuses on development with strong
ties to transit and alternate modes oI
transportation.
that the demand Ior transportation services be
reduced by improving the balance between jobs
and housing and by creating options Ior people
to live and work within walking or cycling
distance oI their place oI work.
Code and the adoption oI three Walkable
completion oI this requirement. The city has
partnered with several other entities and HUD
to Iorm the Southern Nevada Strong initiative,
which Iocuses on development with strong
ties to transit and alternate modes oI
transportation.
DIR-53876 PR1-53872]
FS


Policy Action
That the concept oI walkable communities with
porches and neighborhood amenities, be
promoted in areas oI residential reinvestment.
Code and completion oI three Walkable
completion oI this requirement. A new walk-
able community plan is near completion Ior
the Charleston/Fremont Street area. Sidewalk
inIill projects have been completed in the
downtown and West Las Vegas areas. A new
sidewalk inIill project is being initiated on
Arville, Hinson and Vista Streets west oI I15.
That a beautiIication upgrade oI the Rancho
Drive corridor be considered by the City to
support its anticipated Iuture role as the location
oI a major transit corridor, greenway and
pedestrian/bikeway.
Planning and Public Works are currently in
the design stage Ior Rancho improvements
Irom US 95 north to Rainbow Blvd.
That the City aggressively promote, on an
opportunity basis, the acquisition and
development oI land Ior parks in central city
locations.
Stupak Park opened in 2013; The Parks and
Recreation Element oI the 2020 Master Plan
was adopted in 2013 and encourages the
development oI parks in the city core.

That the City maintain and renovate its public
inIrastructure within existing residential
neighborhoods as needed.

Sidewalk inIill projects complete in West Las
Vegas and Downtown east oI Las Vegas
Blvd; Sidewalk InIill project in design Ior
Arville and Hinson streets

Goal 3
Newly Developing Areas: Newly developing areas oI the city will contain adequate educational
Iacilities, and recreational and open space and be linked to major employment centers by mass
transit, including buses, and by trails.

Policy Action
Newly Developing Areas Policy 3.6.8:
That the City coordinate the planning,
development and construction oI a Valley-wide
trail system with other Las Vegas Valley
entities.

The city participates with the SNRPC ROST
working group Ior the coordination oI a valley
wide trail system.
DIR-53876 PR1-53872]
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Goal 4
Economic Diversity - The economy oI the City oI Las Vegas, while continuing to be strongly
based on the gaming and tourism industries, will broaden to include other business sectors that
can take advantage oI the locational, climatic and work Iorce advantages oIIered by Las Vegas.

Policy Action
Economic Diversity Policy 4.1.1 - To improve
the economic resource base within the City by
diversiIying the range oI business
opportunities.

The relocation oI retailer Zappos and publicly
traded tech company Take Two Interactive to
downtown are examples oI recent eIIorts to
diversiIy the economic base within the city.
Economic Diversity Policy 4.1.7 That the City
continue to promote the Medical District as an
area Ior the development oI health care
services and related Iunctions as well as related
residential Iacilities, such as nursing homes,
assisted living Iacilities and central housing Ior
health care employees. The City supports the
development oI additional health care Iacilities
to meet city-wide demand.

The Southern Nevada Strong initiative has
identiIied the Medical District as one oI Iour
opportunity sites where emphasis is placed on
attracting new medical related business,
providing new residential opportunities and
providing ancillary and support services Ior the
district.

Goal 6
Fiscal Responsibility - The City oI Las Vegas will link capital improvement programming and
maintenance and operations programming with long range planning.

Policy Action
Fiscal Responsibility 6.1.1 - That the City
monitor and coordinate capital improvement
and operating/ maintenance expenditures with
long range planning.

Planning and Public Works work extensively
to coordinate all CIP's with long Range
Planning and adherence to the UniIied
Development Code.

Fiscal Responsibility 6.1.5 - That the City
repair and maintain its inIrastructure in older
areas at a pace which optimizes costs and
beneIits.
Sidewalk inIill projects Ior West Las Vegas
and Downtown have been completed. InIill
projects Ior Hinson and Arville Streets are
currently in design phase.
Fiscal Responsibility 6.1.6 That the City,
where possible use public/private partnerships
to pay Ior public capital improvements.

The City is exploring possible partnerships
within the downtown area to help pay Ior the
costs oI capital improvements and/or
maintenance.
DIR-53876 PR1-53872]
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Goal 7
Regional Coordination - Issues oI regional signiIicance, requiring the City oI Las Vegas to
coordinate with other government entities and agencies within the Valley, will be addressed in a
timely Iashion.
Policy Action
Regional Coordination 7.1.6 - That the City
coordinate with utility companies and other
involved agencies to plan routes and locations
Ior Iuture utilities and to upgrade inIrastructure
in older areas.

The City is in the process oI working with
local entities to establish utility corridors Ior
above ground transmission lines.
Regional Coordination 7.1.9 - That the City
coordinate the planning, development and
construction oI a Valley-wide trail system with
other Las Vegas Valley entities.

The city participates with the SNRPC ROST
working group Ior the coordination oI a valley
wide trail system.
Regional Coordination 7.3.5 -
That the City work with the Clark County
Regional Transportation Commission, the
Nevada Department oI Transportation and
local governments in the Las Vegas Valley to
ensure that the roadway network is planned
and developed to meet the needs oI the
anticipated population growth in the Valley,
and provides Ior multi-modal transportation
opportunities.

The city is currently partnered with several
regional entities and has coordinated regularly
on the development roadway plans and studies
during FY 2013-2014.

Summary

2020 Policy
Document Goals,
Objectives and
Polices
Complete Not Complete Ongoing
189 as oI FY 2012/13
37 (20) 2 (1) 150 (79)
189 as oI FY 2013/14 45 (23) 0 (0) 144 (77)
DIR-53876 PR1-53872]
FS


Policy Document

The Iiscal year 2013-14 Policy Document analysis indicates that the document has been
approximately 100 implemented. Completed items have increased Irom 37 (20) to 45 (23).
Non-completed items (policies in which no signiIicant action has been taken) have been reduced
Irom two (1) to zero (0) over the course oI the Iiscal year and have been reclassiIied as an
ongoing policy.

The remainder oI the Policy Document element goals, objectives, policies, and actions are those
that are currently on-going but have not been completed. This number has decreased slightly
Irom 150 (79) to 144 (77).

Some oI the ongoing items are perpetual and will not achieve a completed status. The Master
Plan Policy Document is due Ior an update, at which time staII will seek to signiIicantly reduce
or consolidate the number oI ongoing goals, objectives and policies and move toward measurable
achievements that can better provide direction and guidance to the City in the Iuture.

Elements

Element Goals,
Objectives, Policies,
and Actions
Complete Not Compete Ongoing
392 as oI FY 2012/13 68 (17) 31 (8) 293 (75)
364 as oI FY 2013/14 48 (13) 17 (5) 299 (82)

In the last Iiscal year, the Parks and Recreation Element was updated which resulted in 20 new
element policies. The anticipated adoption oI the Public Facilities and Services Element, which
combines the Economic, Public Facilities, Public Buildings and Schools Facilities elements,
creates 66 new element policies. AIter subtracting the 114 element policies included with the old
elements, the overall number oI element policies was reduced Irom 392 to 364. Fiscal year
2013/14 analysis indicates that the overall number oI completed items was reduced Irom 68
(17) to 48 (13), which is reIlective oI the policies added and lost through the recent element
updates.

Non-completed items have been reduced Irom 31 (8) to 17 (5) over the course oI the Iiscal
year. This reduction includes policies omitted or consolidated with the update oI the Parks and
Recreation and Public Facilities and Service Elements.
DIR-53876 PR1-53872]
FS


The remainder oI the element goals, objectives, policies, and actions are those that are currently
on-going but have not been completed. This number has increased slightly Irom 293 (75) to
299 (82). This change can be attributed to the updates to the Parks and Recreation and Public
Facilities and Service Elements. Through the continued update oI the various elements and the
implementation oI Senate Bill 55, staII will seek to Iurther reduce or consolidate the number oI
ongoing goals, objectives and policies and move toward measurable achievements that can better
provide direction and guidance to the City in the Iuture.

Walkable Community Plans

A walkable community allows residents to socialize and access community amenities needed to
conduct daily activities within a 10-minute walking distance. Based on a study oI neighborhoods
with the greatest potential to become selI-sustained walkable communities and direction Irom the
City`s 2020 Master Plan, neighborhoods were identiIied with the goal oI recommending
improvements that allow residents to easily walk to community assets. The improvements seek
to oIIset an over-reliance on automotive-based travel by providing alternative modes oI
transportation such as walking, bicycling and mass transit.

There are currently three adopted neighborhood plans and one that will be adopted in 2014. The
adopted plans include the Sahara West Walkable Community Plan, the Meadows Walkable
Community Plan and the West Las Vegas Walkable Community Plan. The RaIael Rivera
Walkable Community Plan is expected to be adopted in the Iall oI 2014.

Walkable Community
Plan

Number of Plan
Recommendations
Complete Not Compete Ongoing
Meadows Walkable
Community Plan
47 3 (6) 34 (72) 10 (21)
Historic West Las
Vegas Walkable
Community Plan
47 2 (4) 28 (60) 17 (36)
Sahara West Walkable
Community Plan
44 0 34 (77) 10 (23)

There have been two recent capital improvement projects that address several recommendations
included within the Walkable Community Plans. The Meadows/Essex Circle capital
improvement project was a $2 million dollar project Iunded jointly through the city oI Las Vegas
General Fund and the Regional Transportation Commission`s Fuel Tax Index. The Meadows
plan area beneIited with installation oI the Iollowing improvements:
DIR-53876 PR1-53872]
FS

Staff Report Page Eleven

A new Iive-Ioot sidewalk along the south side oI Meadows Lane between Valley View
Boulevard and Decatur Boulevard
A new pedestrian crossing oI Meadows Lane across Irom the Meadows Mall
Two new ADA-accessible pedestrian ramps along Essex Drive near GriIIith Elementary
School
Four new 'bulb-outs with pedestrian crossings around Essex Circle
New ADA-accessible pedestrian ramps around Essex Circle.
The West Las Vegas Walkable Community Plan area recently beneIited Irom a sidewalk
inIill project Iunded by both the city oI Las Vegas General Fund and $2.2 million dollars in
Community Development Block Grants. The two phase project identiIied gaps in the
sidewalk network, locations that lacked ADA sidewalk ramps and gaps in the street light
network in the West Las Vegas plan area. The project was completed in 2013 and resulted in
the Iollowing improvements:

The addition oI ADA compliant sidewalks and ramps in identiIied gap areas
The removal oI unnecessary driveways and/or curb cuts
Removal and replacement oI cracked, uneven or unsaIe sidewalks
The addition oI streetlights within identiIied gaps in the streetlight network during Phase
II oI the project, which encompassed an area between MLK and H Street, Irom Bonanza
to Owens.

NEIGHBORHOOD ASSOCIATIONS NOTIFIED N/A

NOTICES MAILED N/A

Agenda tem No.: 61.


SUB1ECT:
DIR-53939 - DIRECTOR'S BUSINESS - PUBLIC HEARING - APPLICANT/OWNER: CITY
OF LAS VEGAS - For discussion and possible action on a presentation on the Downtown
Centennial Plan - Form-based Code Project. StaII has NO RECOMMENDATION.

NO ACTION


RECOMMENDATION:
StaII has NO RECOMMENDATION


Agenda tem No.: 62.

DIRECTOR: FLINN FAGG

SUB1ECT:
CITIZENS PARTICIPATION: PUBLIC COMMENT DURING THIS PORTION OF THE
AGENDA MUST BE LIMITED TO MATTERS WITHIN THE JURISDICTION OF THE
PLANNING COMMISSION. NO SUBJECT MAY BE ACTED UPON BY THE PLANNING
COMMISSION UNLESS THAT SUBJECT IS ON THE AGENDA AND IS SCHEDULED
FOR ACTION. IF YOU WISH TO BE HEARD, COME TO THE PODIUM AND GIVE
YOUR NAME FOR THE RECORD. THE AMOUNT OF DISCUSSION ON ANY SINGLE
SUBJECT, AS WELL AS THE AMOUNT OF TIME ANY SINGLE SPEAKER IS
ALLOWED, MAY BE LIMITED

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Agenda tem No.: 28.

AGENDA SUMMARY PAGE - PLANNING

CITY OF LAS VEGAS PLANNING DEPARTMENT

April 15, 2014

PROJECT: ELKHORN & JONES MEMORY CARE FACILITY

SITE DEVELOPMENT PLAN JUSTIFICATION

SPECIAL USE PERMIT JUSTIFICATION

April 23, 2014

Slater Hanifan Group, Inc.

Todd Steadham, P.E.

Cc: Brian Walsh, Richmond American Homes

April 23, 2014

City of Las Vegas

Re: Special-Use Permit--Crossroads Christian Academy

Re: Special-Use PermitCrossroads Christian Academy

FROM: CLARK COUNTY DEPARTMENT OF AVIATION

APPLICATION NUMBERS: SUP-53867

PROJECT: 240 PIGEONS

MEETING DATES: 06/10/14 PLANNING COMMISSION AND 07/16/14

March 24, 2014

City of Las Vegas

J ohn Lopeman, AIA

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H C W U V " J " C U U K C V U . " K P 0

9 ' - 0 " 9 ' - 0 " 9 ' - 0 "

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