05.10.16 PC Final Packet - Items 29-64 PDF

Agenda Item No.: 29.
AGENDA SUMMARY PAGE - PLANNING

PLANNING COMMISSION MEETING OF: MAY 10, 2016
DEPARTMENT: PLANNING
DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - GPA-63599 - GENERAL PLAN AMENDMENT RELATED TO MOD-63600 PUBLIC HEARING - APPLICANT/OWNER: 180 LAND CO, LLC, ET AL - For possible
action on a request for a General Plan Amendment FROM: PR-OS
(PARKS/RECREATION/OPEN SPACE) TO: DR (DESERT RURAL DENSITY
RESIDENTIAL) AND H (HIGH DENSITY RESIDENTIAL) on 250.92 acres at the southwest
corner of Alta Drive and Rampart Boulevard (APNs 138-31-702-002; 138-31-801-002 and 003;
138-32-202-001; and 138-32-301-005 and 007), Ward 2 (Beers) [PRJ-63491]. Staff has NO
RECOMMENDATION.
C.C.: 6/15/2016
PROTESTS RECEIVED BEFORE:
APPROVALS RECEIVED BEFORE:
Planning Commission Mtg.
124
40
City Council Meeting
RECOMMENDATION:
Staff has NO RECOMMENDATION
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
3. Justification Letter - GPA-63599 and ZON-63601 [PRJ-63491]
4. Protest/Support Postcards - GPA-63599 and ZON-63601 [PRJ-63491]
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.
GPA-63599
GPA-63599
GPA-63599
GPA-63599
GPA-63599
GPA-63599
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GPA-63599 and ZON-63601
GPA-63599 and ZON-63601
GPA-63599 and ZON-63601
GPA-63599 and ZON-63601
GPA-63599 and ZON-63601
GPA-63599 and ZON-63601

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - ZON-63601 - REZONING RELATED TO MOD-63600 AND GPA-63599 PUBLIC HEARING - APPLICANT/OWNER: 180 LAND CO, LLC, ET AL - For possible
action on a request for a Rezoning FROM: R-PD7 (RESIDENTIAL PLANNED
DEVELOPMENT - 7 UNITS PER ACRE) TO: R-E (RESIDENCE ESTATES) AND R-4
(HIGH DENSITY RESIDENTIAL) ON 248.79 ACRES AND FROM: PD (PLANNED
DEVELOPMENT) TO: R-4 (HIGH DENSITY RESIDENTIAL) on 2.13 acres at the southwest
corner of Alta Drive and Rampart Boulevard (APNs 138-31-702-002; 138-31-801-002 and 003;
138-32-202-001; and 138-32-301-005 and 007), Ward 2 (Beers) [PRJ-63491]. Staff has NO
RECOMMENDATION.
C.C.: 6/15/2016
124
40
RECOMMENDATION:
2. Location and Aerial Maps - ZON-63601 and DIR-63602 [PRJ-63491]

paper use, backup
ZON-63601
ZON-63601
ZON-63601
ZON-63601
ZON-63601
ZON-63601
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DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - DIR-63602 - DIRECTOR''S BUSINESS RELATED TO MOD-63600 - PUBLIC
HEARING - APPLICANT/OWNER: 180 LAND CO, LLC, ET AL - For possible action on a
request for a Development Agreement between 180 Land Co. LLC, et al. and the City of Las
Vegas on 250.92 acres at the southwest corner of Alta Drive and Rampart Boulevard (APNs 13831-702-002; 138-31-801-002 and 003; 138-32-202-001; and 138-32-301-005 and 007), Ward 2
(Beers) [PRJ-63491]. Staff has NO RECOMMENDATION.
C.C.: 6/15/2016
112
38
RECOMMENDATION:
3. Development Agreement

paper use, backup
DIR-63602
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7 7 7 7 A7 7 7 7
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77777
DIR-63602
7 7 7 7 7 7 7 7 7 7 7 7
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7 7 7 b7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
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DIR-63602
7 7 7 7 7 7 7 7 7 7 A7 7
7 7 7 7 7 7 7 7 7 7 7 7 7
7 7 7 A7 7 7 7 7 7 7 7 7
7 7 7 7 7 7 7 7 7 7 7 7
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DIR-63602

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - VAR-63584 - VARIANCE - PUBLIC HEARING - APPLICANT: DR
HORTON - OWNER: R M H TRUST - For possible action on a request for a Variance TO
ALLOW A CONNECTIVITY RATIO OF 1.0 WHERE 1.3 IS REQUIRED AND TO ALLOW
NO AMENITY ZONE WHERE SUCH IS REQUIRED FOR A PROPOSED RESIDENTIAL
SUBDIVISION on 1.90 acres at the northwest corner of Dorrell Lane and Decatur Boulevard
(APN 125-24-503-020), R-1 (Single Family Residential) Zone, Ward 6 (Ross) [PRJ-63482].
Staff recommends DENIAL.
C.C.: 6/15/2016
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
1. Location and Aerial Maps - VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]
2. Conditions and Staff Report - VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]
3. Supporting Documentation - VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]
4. Photo(s) - VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]
5. Justification Letter - VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]
6. Protest/Support Postcards - VAR-63854 and WVR-63585 [PRJ-63482]
VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]
AGENDA MEMO - PLANNING

PLANNING COMMISSION MEETING DATE: MAY 10, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: DR HORTON - OWNER: R M H TRUST
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-63584
WVR-63585
TMP-63586
RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:
conditions:
conditions:
REQUIRED FOR
APPROVAL
VAR-63584
VAR-63584
WVR-63585
** CONDITIONS **
VAR-63584 CONDITIONS
Planning
1.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
2.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
3.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
4.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
JB

Conditions Page Two
May 10, 2016 - Planning Commission Meeting
WVR-63585 CONDITIONS
Planning
1.
This approval shall be void two (2) years from the date of final approval, unless exercised
2.
Safety.
3.
A Waiver from of Title 19.02.240 to allow no street lighting along the proposed interior
private street where such is required is approved.
4.
A Waiver from of Title 19.02.140 to allow a 187-foot external intersection offset where
220 feet is the minimum distance separation required is approved.
5.
6.
TMP-63586 CONDITIONS
Planning
1.
Approval of and conformance to the Conditions of Approval for Variance (VAR-63584)

and Waiver (WVR-63585) shall be required, if approved.
2.
Approval of the Tentative Map shall be for no more than four (4) years. If a Final Map is
not recorded on all or a portion of the area embraced by the Tentative Map with four (4)
years of the approval of the Tentative Map, this action is void.
3.
Street names must be provided in accordance with the City of Las Vegas Street Naming
and Address Assignment Regulations, 2009 Edition.
JB

Conditions Page Three
4.
A fully operational fire protection system, including fire apparatus roads, fire hydrants and
water supply, shall be installed and shall be functioning prior to construction of any
combustible structures.
5.
In conjunction with creation, declaration and recordation of the subject common-interest

community, and prior to recordation of the Covenants, Codes and Restrictions (CC&R),
or conveyance of any unit within the community, the Developer is required to record a
Declaration of Private Maintenance Requirements (DPMR) as a covenant on all
associated properties, and on behalf of all current and future property owners. The DPMR
is to include a listing of all privately owned and/or maintained infrastructure improvements,
along with assignment of maintenance responsibility for each to the common interest
community or the respective individual property owners, and is to provide a brief
description of the required level of maintenance for privately maintained components. The
DPMR must be reviewed and approved by the City of Las Vegas Department of Field
Operations prior to recordation, and must include a statement that all properties within the
community are subject to assessment for all associated costs should private maintenance
obligations not be met, and the City of Las Vegas be required to provide for said
maintenance. Also, the CC&R are to include a statement of obligation of compliance with
the DPMR. Following recordation, the Developer is to submit copies of the recorded
DPMR and CC&R documents to the City of Las Vegas Department of Field Operations.
6.
All development is subject to the conditions of City Departments and State Subdivision
Statutes.
Public Works
7.
Construct half-street improvements on Dorrell Lane and Decatur Boulevard adjacent to this
site. All existing paving damaged or removed by this development shall be restored at its
original location and to its original width concurrent with development of this site.
Additionally, coordinate the construction of widened pavement adjacent to Assessor Parcel
Number #125-24-503-012 between this site and the Donald & Decatur I site (TMP-63580).
8.
The private street for this site must be granted as a Public Utility Easement, Public Sewer
Easement, and Public Drainage Easement with private surface maintenance by the
Homeowners Association on the Final Map for this site.
9.
A working sanitary sewer connection shall be in place prior to final inspection of any units
within this development. Full permanent improvements on all major access streets,
including all required landscaped areas between the perimeter wall and adjacent public
street, shall be constructed and accepted by the City prior to issuance of any building
permits beyond 50% of all units within this development. All off-site improvements
adjacent to this site, including all required landscaped areas between the perimeter walls
and adjacent public streets, shall be constructed and accepted prior to issuance of building
permits beyond 75%. The above thresholds notwithstanding, all required improvements
shall be constructed in accordance with Title19.02.130.D.
JB

Conditions Page Four
10.
All landscaping and private improvements installed with this project shall be situated and
maintained so as to not create sight visibility obstructions for vehicular traffic at all
development access drives and abutting street intersections.
11.
A Drainage Plan and Technical Drainage Study must be submitted to and approved by the
Department of Public Works prior to the issuance of any building or grading permits or
submittal of any construction drawings, whichever may occur first. Provide and improve
all drainageways recommended in the approved drainage plan/study. The developer of this
site shall be responsible to construct such neighborhood or local drainage facility
improvements as are recommended by the City of Las Vegas Neighborhood Drainage
Studies and approved Drainage Plan/Study concurrent with development of this site.
12.
As per Unified Development Code (UDC) 19.16.060.G, all requirements must be complied
with or such future compliance must be guaranteed by an approved performance security
method in accordance with UDC sections 19.02.130.C and 19.02.130.E.
12.
The approval of all Public Works related improvements shown on this Tentative Map is in
concept only. Specific design and construction details relating to size, type and/or
alignment of improvements, including but not limited to street, sewer and drainage
improvements, shall be resolved prior to approval of the construction plans by the City. No
deviations from adopted City Standards shall be allowed unless specific written approval
for such is received from the City Engineer prior to the recordation of a Final Map or the
approval of subdivision-related construction plans, whichever may occur first. Approval of
this Tentative Map does not constitute approval of any deviations. If such approval cannot
be obtained, a revised Tentative Map must be submitted showing elimination of such
deviations.
JB

Staff Report Page One
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Tentative Map for a proposed eight-lot single-family residential
subdivision, comprised of eight residential lots and two common lots on a 1.90-acre undeveloped
site located on the northwest corner of Dorrell Lane and Decatur Boulevard, within a R-1 (Single
Family Residential) zoning district.
In addition, the applicant has also requested a Waiver of Title 19.02 and Variance of Title 19.04
Complete Street development standards; to allow a connectivity ratio of 1.0 where 1.3 is
required, to allow no amenity zone where such is required along Dorrell Lane and Decatur
Boulevard, to allow a 187-foot external intersection offset where 220 feet is the minimum
distance separation required and to allow no streetlights along the interior private street where
such are required. No unique or extraordinary evidence has been presented to warrant the
requested Waiver and Variance. As such, the hardship is self-imposed and; therefore, staff
recommends denial of all associated applications with this project.
ISSUES
A Waiver is required to allow no installation of streetlights along the interior private street
required by Title 19.02.240 development standards.
A Waiver is required to allow a 187-foot external intersection offset where 220 feet is the
minimum distance separation required by Title 19.02.140 development standards.
A Variance application is required to allow a connectivity ratio of 1.0 where 1.3 is required
by Title 19.04.040 development standards.
A Variance is required to allow, no amenity zone improvements along Dorrell Lane and
Decatur Boulevard, which are required by Title 19.04 development standards.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Board of City Commissioners approved an Annexation (A-0003-64)
05/12/64
request of 5,000 acres generally located north of Lone Mountain Road and
west of Decatur Boulevard with an effective date of 05/20/64.
The City Council approved a request for a Rezoning (ZON-61791) from R-E
(Residence Estates) to R-1 (Single Family Residential) at the northwest corner
01/20/16
of Dorrell Lane and Decatur Boulevard. The Planning Commission and staff
recommended approval.
JB

Staff Report Page Two
Most Recent Change of Ownership

06/21/05
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses

There are no related Building Permits or Business Licenses associated with this property
Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the submittal
02/23/16
requirements for a Waiver, Variance and Tentative Map applications; for a
proposed eight-lot residential subdivision.
Neighborhood Meeting
A neighborhood meeting is not required for this type of request nor was one held.
Field Check
03/03/16
During a routine site inspection staff observed that the subject site was an
undeveloped parcel of land with high weeds and shrubs.
Details of Application Request

Site Area
Net Acres
1.90
Surrounding
Property
Existing Land Use

Per Title 19.12
Subject Property
Undeveloped
North
Single-Family
Residential
Planned or Special
Land Use Designation
ML (Medium Low
Density Residential)
ML (Medium Low
South
Single-Family
Residential
ML (Medium Low
East
Undeveloped
West
Undeveloped
Public North Las

Vegas
ML (Medium Low
Existing Zoning District

R-1 (Single Family
Residential)
R-E (Residence Estates)
R-PD6 (Residential
Planned Development 6
Units per Acre)
O-L (Open Land) North
Las Vegas
JB

Staff Report Page Three
Master Plan Areas

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

Trails
Las Vegas Redevelopment Plan Area
Project of Significant Impact (Development Impact Notification Assessment)
Project of Regional Significance
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to Title 19.06.070 development standards, the following standards apply:
Existing Zoning
Permitted Density
Units Allowed
Units Provided
R-1 (Single Family
8.49 du/ac
16
8
Residential)
Standard
Min. Setbacks:
Front
Side
Rear
Corner
Maximum Height
Street Name
Required/Allowed
Provided
Compliance
20 Feet
5 Feet
15 Feet
15 Feet
35 Feet
20 Feet
5 Feet
15 Feet
15 Feet
N/A
Y
Y
Y
Y
N/A
Functional
Classification of
Street(s)
Governing Document
Master Plan of Streets &

Highways
Dorrell Lane
Minor Collector
Highways
*See note on Streetscape Standards Table below
Decatur Boulevard
Parkway Arterial
Actual
Street Width
(Feet)
Compliance
with Street
Section
120
N*
60
N*
JB

Staff Report Page Four
19.04.040 Connectivity
Transportation Network Element
# Links
# Nodes
Internal Street
1
Intersection Internal
0
Cul-de-sac Terminus
1
Intersection External Street or Stub Terminus
0
Intersection Stub Terminus w/ Temporary Turn Around
0
Easements
Non-Vehicular Path - Unrestricted
0
Total
1
1
Required
Provided
Connectivity Ratio (Links / Nodes):
1.30
1.00*
*The applicant has requested a Variance (VAR-63584) to allow a connectivity ratio of 1.0 where
1.3 is required by Title 19.04.040 development standards.
Pursuant to Title 19.02 and 19.04, the following standards apply:

Streetscape Standards
Required
Provided
Compliance
120-foot wide right-of120-foot wide right-ofway, including amenity
way with sidewalk,
Decatur Boulevard
N*
zone, sidewalk and
streetlights and no
streetlights
amenity zone
way with sidewalk,
Dorrell Lane
N*
zone, sidewalk and
streetlights and no
streetlights
amenity zone
47-foot wide right-of47-foot wide right-ofShady Chestnut Court
way, including amenity
way, sidewalk, amenity
N*
(private street)
zone, sidewalk and
zone and no streetlights
streetlights
*The applicant has a requested a Variance (VAR-63584) and Waiver (WVR-63585) to waive
Title 19.02 improvement requirements and 19.04 complete street development standards to
install no amenity zone along Decatur Boulevard and Dorrell Lane; and no streetlights on the
proposed private drive Shady Chestnut Court which provides access to the subject site.
JB

Staff Report Page Five
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Single-Family
2 spaces
8 du
16
Detached
per du
16
16
Y
TOTAL SPACES REQUIRED
16
0
16
0
Y
Regular and Handicap Spaces Required
ANALYSIS
The applicant has proposed to develop the subject site into a 10-lot single-family residential
subdivision located on the northwest corner of Dorrell Lane and Decatur Boulevard, within an R1 (Single Family Residential) zoning district. The subject site is 1.90-acres and is currently
undeveloped.
In addition, the applicant has also requested a Waiver (WVR-63585) of Title 19.02 and Variance
(VAR-63584) of Title 19.04 Complete Street development standards; to allow a connectivity
ratio of 1.0 where 1.3 is required, to allow no amenity zone where such is required along Dorrell
Lane and Decatur Boulevard, to allow a 187-foot external intersection offset where 220 feet is
the minimum distance separation required and to allow no streetlights along the proposed interior
private street where such are required.
The existing General Plan land use designation ML (Medium Low Density Residential) has an
allowable density of 8.49 dwelling units per gross acre, which is compatible with the eight
dwellings which are proposed. The proposed lots range in size from 7,088 square feet to 9,252
square feet and exceed the 60-foot minimum lot width required by code. Site access is proposed
from Shady Chestnut Court by way of a 47-foot private street that will serve this site. The
applicant has indicated on the submitted plan that six-foot perimeter screening walls and interior
screening walls will be provided between the proposed lots and surrounding the site, which will
be designed in accordance with Title 19.06.060 development standards. The submitted
north/south and east/west cross section depicts maximum natural grade less than 2% across this
site. Per the Tables in Subdivision Code 19.06.050 a development with natural slope less than
2%, is allowed a maximum 4-foot retaining wall. No retaining walls are shown in the cross
sections.
The Clark County School District was provided an opportunity to comment on the proposed
development. However, no comments were received that indicated either a favorable or
unfavorable review of the proposed residential project.
JB

Staff Report Page Six
The City is currently working on building complete streets throughout the City. No unique or
extraordinary evidence has been presented to warrant the requested Waiver and Variance. As
such, the hardship is self-imposed and; therefore, staff recommends denial of all associated
applications with this project.
FINDINGS (VAR-63584)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council,
in considering the merits of a Variance request, shall not grant a Variance in order to:
1.
2.
3.
Permit a use in a zoning district in which the use is not allowed;

Vary any minimum spacing requirement between uses;
Relieve a hardship which is solely personal, self-created or financial in nature.
Additionally, Title 19.16.140(L) states:

Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
as to relieve the difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected natural resources
and without substantially impairing the intent and purpose of any ordinance or
resolution.
No evidence of a unique or extraordinary circumstance has been presented, in that the applicant
has created a self-imposed hardship by proposing to not construct the required improvements
associated with the rights-of-way within the subject site. In view of the absence of any hardships
imposed by the sites physical characteristics, it is concluded that the applicants hardship is
preferential in nature, and it is thereby outside the realm of NRS Chapter 278 for granting of
Variances.
FINDINGS (WVR-63585)
No substantial evidence has been presented to warrant the requested Waiver of Title 19.02 to
allow no streetlights along the proposed interior private street and to allow a 187-foot external
intersection offset where 220 feet is the minimum distance separation allowed, staff recommends
denial of the request with conditions.
JB

Staff Report Page Seven
FINDINGS (TMP-63586)
The proposed Tentative Map conforms to Nevada Revised Statute, however the applicant has
requested a Waiver (WVR-63584) of Title 19.02.240 and Variance (VAR-63585) of Title
19.04.220 Complete Street development standards to allow a connectivity ratio of 1.0 where 1.3
is required, to allow no amenity zone where such is required along Dorrell Lane and Decatur
Boulevard, to allow a 187-foot external intersection offset where 220 feet is the minimum
distance separation required and to allow no streetlights along the proposed interior private street
where such are required. Therefore, staff recommends denial with conditions.
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
24
NOTICES MAILED
274 - VAR-63584 and WVR-63585

274 - TMP-63586
APPROVALS
1 - VAR-63584 and WVR-63585

1 - TMP-63586
PROTESTS
2 - VAR-63584 and WVR-63585

2 - TMP-63586
JB
VAR-63584
VAR-63584
VAR-63584, WVR-63585 and TMP-63586
VAR-63584, WVR-63585 and TMP-63586
VAR-63584, WVR-63585 and TMP-63586
VAR-63584, WVR-63585 and TMP-63586
VAR-63584, WVR-63585 and TMP-63586
VAR-63584 [PRJ-63482] - VARIANCE RELATED TO WVR-63585 AND TMP-63586 - APPLICANT: DR

HORTON - OWNER: R M H TRUST
NORTHWEST CORNER OF DORRELL LANE AND DECATUR BOULEVARD
03/03/16

03/03/16

03/03/16
VAR-63584, WVR-63585 and TMP-63586

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - WVR-63585 - WAIVER RELATED TO VAR-63584 - PUBLIC HEARING APPLICANT: DR HORTON - OWNER: R M H TRUST - For possible action on a request for a
Waiver TO ALLOW A 187-FOOT EXTERNAL INTERSECTION OFFSET WHERE 220
FEET IS THE MINIMUM DISTANCE SEPARATION REQUIRED AND TO ALLOW NO
INTERIOR STREETLIGHTS WHERE SUCH ARE REQUIRED FOR A PROPOSED
RESIDENTIAL SUBDIVISION on 1.90 acres at the northwest corner of Dorrell Lane and
Decatur Boulevard (APN 125-24-503-020), R-1 (Single Family Residential) Zone, Ward 6
(Ross) [PRJ-63482]. Staff recommends DENIAL.
C.C.: 6/15/2016
RECOMMENDATION:

paper use, backup
WVR-63585
WVR-63585

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - TMP-63586 - TENTATIVE MAP RELATED TO VAR-63584 AND WVR63585 - DECATUR & DONALD II - PUBLIC HEARING - APPLICANT: DR HORTON OWNER: R M H TRUST - For possible action on a request for a Tentative Map FOR AN
EIGHT-LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION on 1.90 acres at the northwest
corner of Dorrell Lane and Decatur Boulevard (APN 125-24-503-020), R-1 (Single Family
Residential) Zone, Ward 6 (Ross) [PRJ-63482]. Staff recommends DENIAL.
C.C.: 6/15/2016
RECOMMENDATION:
3. Protest/Support Postcards

paper use, backup
TMP-63586
TMP-63586
TMP-63586
TMP-63586
TMP-63586
TMP-63586
TMP-63586
TMP-63586
TMP-63586
TMP-63586
TMP-63586
TMP 63586
DR Horton
NWC Dorrell Lane & Decatur Boulevard

Proposed 8 single family unit residential development.
Proposed Use
Average Daily Traffic (ADT)
AM Peak Hour
9.57
SINGLE FAMILY DETACHED [DWELL]
PM Peak Hour
0.75
1.01
77
6
8
Existing traffic on nearby streets:

Decatur Boulevard
PM Peak Hour (heaviest 60 minutes)
18,067
1,445
Elkhorn Road
7,077
566
Traffic Capacity of adjacent streets:

Decatur Boulevard
Elkhorn Road
Adjacent Street ADT Capacity

34,500
34,500
This project will add approximately 77 trips per day on Donald Rd., Dorrell Ln., Decatur Blvd. and Elkhorn Rd. Decatur is
currently at about 52 percent of capacity and Elkhorn is at about 21 percent of capacity. After this project, Decatur is
expected to be at about 53 percent of capacity and Elkhorn unchanged. Counts are not available in this area for Donald or
Dorrell, but they are believed to be under capacity.
Based on Peak Hour use, this development will add into the area roughly 8 additional cars, or about two every fifteen
minutes.
Note that this report assumes all traffic from this development uses all named streets.

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
HORTON - OWNER: LEXINGTON PARTNERS LLC, ET AL - For possible action on a
request for a Variance TO ALLOW NO AMENITY ZONE WHERE SUCH IS REQUIRED
FOR A PROPOSED RESIDENTIAL SUBDIVISION on 11.86 acres adjacent to the north side
of Dorrell Lane, approximately 425 feet west of Decatur Boulevard (APNs Multiple), R-1
(Single Family Residential) Zone, Ward 6 (Ross) [PRJ-63479]. Staff recommends DENIAL.
C.C.: 6/15/2016
RECOMMENDATION:
6. Telephone Protest/Support Log for VAR-63577, WVR-63579 and TMP-63580 [PRJ-63479]
and Protest/Support Postcards for VAR-63577 and WVR-63579 [PRJ-63479]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: DR HORTON - OWNER: LEXINGTON
PARTNERS LLC, ET AL
CASE
NUMBER
VAR-63577
WVR-63579
TMP-63580
RECOMMENDATION
conditions:
conditions:
conditions:
REQUIRED FOR
APPROVAL
VAR-63577
VAR-63577
WVR-63579
** CONDITIONS **
Planning
1.
2.
Safety.
3.
4.
JB

Conditions Page Two
Planning
1.
2.
Safety.
3.
A Waiver from of Title 19.02.240 to allow no street lighting along proposed interior private
streets where such is required is approved.
4.
5.
6.
Planning
1.

2.
3.
4.
JB

5.

6.
Statutes.
Public Works
7.
Construct half-street improvements on Dorrell Lane and all incomplete half-street

improvements on Donald Road adjacent to this site. All existing paving damaged or
removed by this development shall be restored at its original location and to its original
width concurrent with development of this site. The sidewalks along Dorrell Lane shall
meet current American with Disabilities Act (ADA) requirements. Additionally,
coordinate the construction of widened pavement adjacent to Assessor Parcel Number
#125-24-503-012 between this site and the Donald & Decatur II site (TMP-63586).
8.
The private streets for this site must be granted as a Public Utility Easement, Public Sewer
9.
JB

10.
11.
12.
13.
deviations.
JB

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Tentative Map for a proposed 57-lot single-family residential subdivision,
comprised of 57 residential lots and five common lots on 11.86-acres undeveloped site located
on the north side of Dorrell Lane, approximately 425 feet west of Decatur Boulevard, within a R1 (Single Family Residential) zoning district.
Complete Street development standards to allow no amenity zone where such is required along
Dorrell Lane and Donald Road, to allow a 154-foot external intersection offset where 220 feet is
private streets where such are required. No unique or extraordinary evidence has been presented
to warrant the requested Waiver and Variance. As such, the hardship is self-imposed and;
therefore, staff recommends denial of all associated applications with this project.
ISSUES
A Waiver is required to allow no installation of streetlights along the proposed interior

private streets by Title 19.02.240 development standards.
A Variance is required to allow no amenity zone improvements and sidewalk along Dorrell
Lane and Donald Road, which are required by Title 19.04 development standards.
(Residence Estates) to R-PD3 (Residential Planned Development - 3 Units
Per Acre) on 3.36 acres adjacent to the north side of Dorrelll Lane,
approximately 1,040 feet west of Decatur Boulevard. The Planning
Commission and staff recommended approval.
07/16/03
The City Council approved a request for a Site Development Plan Review
(SDR-2313) for a proposed 10-lot Single Family Development on 3.36 acres
adjacent to the north side of Dorrell Lane, approximately 1,040 feet west of
Decatur Boulevard. The Planning Commission and staff recommended
approval.
JB


The Planning Commission withdrew without prejudice a request for a
Variance (VAR-9585) to allow 31,162 square feet of open space where
11/17/05
51,750 feet is the minimum amount of open space required for a proposed
residential planned development on 12.90 acres on the north side of Dorrell
Lane, approximately 630 feet west of Decatur Boulevard.
The City Council denied a request for a Rezoning (ZON-9367) from R-E
(Residence Estates) and R-E (Residence Estates) under resolution of intent to
R-PD3 (Residential Planned Development - 3 Units per Acre) to: R-PD5
(Residential Planned Development - 5 Units per Acre) on 12.90 acres on the
north side of Dorrell Lane, approximately 630 feet west of Decatur
Boulevard. The Planning Commission recommended approval and staff
02/15/06
recommended denial of the request.
The City Council denied a request for a Site Development Plan Review
(SDR-9587) for a proposed 72-lot single family residential development on
12.90 acres on the north side of Dorrell Lane, approximately 630 feet west of
Decatur Boulevard. The Planning Commission recommended approval and
staff recommended denial of the request.
The Planning Commission pulled a request for a Tentative Map (TMP-11019)
for a 67-lot single family residential subdivision on 12.9 acres on the north
03/09/06
side of Dorrell Lane, approximately 630 feet west of Decatur Boulevard. The
parent Site Development Plan Review (SDR-9587) was denied at City
Council on 02/15/06.
The City Council approved a request for a General Plan Amendment (GPA12234) to change the land use designation from ML (Medium Low Density
Residential) to L (Low Density Residential) on 12.9 acres adjacent to the
north side of Dorrell Lane, approximately 450 feet west of Decatur
Boulevard. The Planning Commission and staff recommended approval.
(Residence Estates) and R-E under Resolution of Intent to R-PD3 (Residential
Planned Development 3 Units per Acre) to R-1 (Single Family Residential)
06/07/06
on 12.9 acres adjacent to the north side of Dorrell Lane, approximately 450
feet west of Decatur Boulevard. The Planning Commission and staff
The City Council approved a request for a Special Use Permit (SUP-12705)
for Private Streets in conjunction with a proposed 64-lot single family
residential development adjacent to the north side of Dorrell Lane,
approximately 450 feet west of Decatur Boulevard. The Planning
The Planning Commission approved a request for a Tentative Map (TMP14244) for a 64-lot single family residential subdivision on 12.90 acres
07/27/06
adjacent to the north side of Dorrell Lane, approximately 450 feet west of
Decatur Boulevard. Staff recommended approval. The map expired 07/27/08.
JB


The City Council approved approved a request for an Extension of Time
(EOT-27873) for the for the previously approved Special Use Permit (SUP12705) for private streets in conjunction with a proposed 64-lot single family
residential development adjacent to the north side of Dorrell Lane,
approximately 450 feet west of Decatur Boulevard. Staff recommended
approval of the request.
06/04/08
The City Council approved approved a request for an Extension of Time
(EOT-27874) for the previously approved Rezoning (ZON-12235) from R-E
(Residence Estates) to R-1 (Single Family Residential) on 12.9 acres adjacent
to the north side of Dorrell Lane, approximately 450 feet west of Decatur
Boulevard. Staff recommended approval of the request.
The Planning Commission approved a request for a Tentative Map (TMP28062) for a proposed 64-lot single-family residential subdivision on 12.90
06/26/08
acres adjacent to the north side of Dorrell Lane, approximately 450 feet west
of Decatur Boulevard. Staff recommended approval of the request.
The Planning Commission approved a request for a Tentative Map (TMP48166) for a 31-lot single family residential subdivision on 7.40 acres
adjacent to the north side of Dorrell Lane, approximately 420 feet west of
Decatur Boulevard. Staff recommended denial of the request.
The Planning Commission struck from the agenda a request for a Variance
03/12/13
(VAR-48169) to allow a minimum lot width of 60 feet where 65 feet is
required, to allow a 10-foot front yard setback on lots 1, 10 and 11 where 20
feet is required and to allow a 10-foot corner side yard setback on lots 1, 24,
25 and 31 where 15 feet is required on 7.40 acres adjacent to the north side of
Dorrell Lane, approximately 420 feet west of Decatur Boulevard. Staff
07/19/13
A deed was recorded for a change in ownership. (APN 125-24-503-004)
10/30/14
A deed was recorded for a change in ownership. (APNs 125-24-503-008 & 11/03/14
009)
A deed was recorded for a change in ownership. (APNs 125-24-503-001 & 03/10/16
002)
Code Enforcement processed a case (#46694) involving a complaint about
09/28/06
weeds, trash, garbage, debris and dangerous structures on undeveloped
property at 4920 West Dorrell Lane. The case was resolved 10/18/06.
JB

02/23/16
proposed 57-lot residential subdivision.
Field Check
03/03/16
undeveloped parcel of land with high weeds and shrubs. Also, there were
existing concrete building pads remaining from structures that were
previously located on the site.

Site Area
Net Acres
11.86
Surrounding
Property
Existing Land Use

Per Title 19.12
Planned or Special
L (Low Density
Residential)

R-1 (Single Family
Residential)
R-PD3 (Residential
Units per Acre)
R-1 (Single Family
Residential)
Subject Property
Undeveloped
North
Single-Family
Residential
ML (Medium Low
Single-Family
Residential
Undeveloped /
Single-Family
Residential
ML (Medium Low
ML (Medium Low
Single-Family
Residential
ML (Medium Low
R-PD6 (Residential
Units per Acre)
Single-Family
Residential
Single-Family
Residential
ML (Medium Low
ML (Medium Low
South
East
West

R-1 (Single Family
Residential)
JB

Master Plan Areas

Rural Preservation Overlay District
Trails
Compliance
N/A
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
Existing Zoning
Permitted Density
Units Allowed
Units Provided
R-1 (Single Family
5.49 du/ac
65
57
Residential)
Standard
Min. Setbacks:
Front
Side
Rear
Corner
Maximum Height
Street Name
Required/Allowed
Provided
Compliance
20 Feet
5 Feet
15 Feet
15 Feet
35 Feet
20 Feet
5 Feet
15 Feet
15 Feet
N/A
Y
Y
Y
Y
N/A
Functional
Classification of
Street(s)
Governing Document

Highways
Dorrell Lane
Minor Collector
Highways
Donald Road
Minor Collector
Actual
Street Width
(Feet)
Compliance
with Street
Section
60
N*
60
N*
JB

Internal Street
Cul-de-sac Terminus
Easements
Total
Required
1.30
# Links
4
# Nodes
3
0
0
0
0
4
3
Provided
1.33

Required
Provided
Compliance
way with sidewalk,
Donald Road
N*
zone, sidewalk and
streetlights and no
streetlights
amenity zone
way with sidewalk,
Dorrell Lane
N*
zone, sidewalk and
streetlights and no
streetlights
amenity zone
47-foot wide right-of47-foot wide right-ofCinder Horse Street
N*
(private street)
zone, sidewalk and
streetlights
47-foot wide right-of47-foot wide right-ofAmber Robin Street
N*
(private street)
zone, sidewalk and
streetlights
47-foot wide right-of47-foot wide right-ofShady Palms Street
N*
(private street)
zone, sidewalk and
streetlights
install no amenity zone along Dorrell Lane and Donald Road; and no streetlights on the three
proposed private drives Cinder Horse Street, Amber Robin Street and Shady Palms Street which
provides access to the subject site.
JB

Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Single-Family
2 spaces
57 du
114
Detached
per du
114
114
Y
114
0
114
0
Y
ANALYSIS
subdivision located on the north side of Dorrell Lane, approximately 425 feet west of Decatur
Boulevard, within an R-1 (Single Family Residential) zoning district. The subject site is 11.86acres and is currently undeveloped.
(VAR-63577) of Title 19.04 Complete Street development standards; to allow no amenity zone
where such is required along Dorrell Lane and Donald Road, to allow a 154-foot external
intersection offset where 220 feet is the minimum distance separation required and to allow no
streetlights along the proposed interior private streets where such are required.
The existing General Plan land use designation L (Low Density Residential) has an allowable
density of 5.49 dwelling units per gross acre, which is compatible with the 57 dwellings which
are proposed. The proposed lots range in size from 6,538 square feet to 14,139 square feet and
exceed the 60-foot minimum lot width required by code. Site access is proposed from Cinder
Horse Street, Amber Robin Street and Shady Palms Street by way of 47-foot private streets that
will serve this site. The applicant has indicated on the submitted plan that six-foot perimeter
screening walls and interior screening walls will be provided between the proposed lots and
surrounding the site, which will be designed in accordance with Title 19.06.060 development
standards. The submitted north/south and east/west cross section depicts maximum natural grade
less than 2% across this site. Per the Tables in Subdivision Code 19.06.050 a development with
natural slope less than 2%, is allowed a maximum 4-foot retaining wall. No retaining walls are
shown in the cross sections.
JB

Staff Report Page Eight
1.
2.
3.


resolution.
Variances.
allow no streetlights along the proposed interior private streets and to allow a 154-foot external
JB

Staff Report Page Nine
requested a Waiver (WVR-63579) of Title 19.02 and Variance (VAR-63577) of Title 19.04
Complete Street development standards to allow no amenity zone where such is required along
Dorrell Lane and Donald Road, to allow a 154-foot external intersection offset where 220 feet is
private streets where such are required. Therefore, staff recommends denial with conditions.
24
NOTICES MAILED
414 - VAR-63577 and WVR-63579

414 - TMP-63580
APPROVALS
4 - VAR-63577 and WVR-63579

3 - TMP-63580
PROTESTS
8 - VAR-63577 and WVR-63579

11 - TMP-63580
JB
VAR-63577
VAR-63577
VAR-63577
VAR-63577
VAR-63577
VAR-63577
VAR-63577
VAR-63577, WVR-63588 and TMP-63580
VAR-63577, WVR-63579 and TMP-63580
VAR-63577, WVR-63579 and TMP-63580
VAR-63577, WVR-63579 and TMP-63580
VAR-63577, WVR-63579 and TMP-63580
VAR-63577, WVR-63579 and TMP-63580

HORTON - OWNER: LEXINGTON PARTNERS LLC, ET AL
NORTH SIDE OF DORRELL LANE, WEST OF DECATUR BOULEVARD
03/03/16

03/03/16

03/03/16

03/03/16

03/03/16
VAR-63577, WVR-63579 and TMP-63580

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - WVR-63579 - WAIVER RELATED TO VAR-63577 - PUBLIC HEARING APPLICANT: DR HORTON - OWNER: LEXINGTON PARTNERS LLC, ET AL - For
possible action on a request for a Waiver TO ALLOW A 154-FOOT EXTERNAL
INTERSECTION OFFSET WHERE 220 FEET IS THE MINIMUM DISTANCE
SEPARATION REQUIRED AND TO ALLOW NO INTERIOR STREETLIGHTS WHERE
SUCH ARE REQUIRED FOR A PROPOSED RESIDENTIAL SUBDIVISION on 11.86 acres
adjacent to the north side of Dorrell Lane, approximately 425 feet west of Decatur Boulevard
(APNs Multiple), R-1 (Single Family Residential) Zone, Ward 6 (Ross) [PRJ-63479]. Staff
recommends DENIAL.
C.C.: 6/15/2016
RECOMMENDATION:

paper use, backup
WVR-63579
WVR-63579
WVR-63579
WVR-63579
WVR-63579
WVR-63579
WVR-63579

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - TMP-63580 - TENTATIVE MAP RELATED TO VAR-63577 AND WVR63579 - DECATUR & DONALD I - PUBLIC HEARING - APPLICANT: DR HORTON OWNER: LEXINGTON PARTNERS LLC, ET AL - For possible action on a request for a
Tentative Map FOR A 57-LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION on 11.86
acres adjacent to the north side of Dorrell Lane, approximately 425 feet west of Decatur
Boulevard (APNs Multiple), R-1 (Single Family Residential) Zone, Ward 6 (Ross) [PRJ-63479].
Staff recommends DENIAL.
C.C.: 6/15/2016
RECOMMENDATION:

paper use, backup
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP 63580
DR Horton
N side of Dorrell Lane, W of Decatur Boulevard

Proposed Use
AM Peak Hour
9.57
PM Peak Hour
57
0.75
1.01
545
43
58

Decatur Boulevard
18,067
1,445
Elkhorn Road
7,077
566

Decatur Boulevard
Elkhorn Road

34,500
34,500
This project will add approximately 545 trips per day on Donald Rd., Dorrell Ln., Decatur Blvd. and Elkhorn Rd. Decatur is
currently at about 52 percent of capacity and Elkhorn is at about 21 percent of capacity. After this project, Decatur is
expected to be at about 54 percent of capacity and Elkhorn to be at about 22 percent of capacity. Counts are not available
in this area for Donald or Dorrell, but they are believed to be under capacity.
Based on Peak Hour use, this development will add into the area roughly 58 additional cars, or about one every minute.

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
HORTON - OWNER: PRECEDENT PROPERTIES, LLC - For possible action on a request for
a Variance TO ALLOW A CONNECTIVITY RATIO OF 1.0 WHERE 1.3 IS REQUIRED AND
TO ALLOW NO AMENITY ZONE WHERE SUCH IS REQUIRED FOR A PROPOSED
RESIDENTIAL SUBDIVISION on 2.10 acres at the southeast corner of Dorrell Lane and
Unicorn Street (APN 125-24-602-001), R-1 (Single Family Residential) Zone, Ward 6 (Ross)
[PRJ-63483]. Staff recommends DENIAL.
C.C.: 6/15/2016
40
RECOMMENDATION:
6. Telephone Protest/Support Log and Petition for VAR-63587, WVR-63588 and TMP-63589
[PRJ-63483] and Protest/Support Email and Postcards for VAR-63587 and WVR-63588 [PRJ63483]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: DR HORTON - OWNER: PRECEDENT
PROPERTIES, LLC
CASE
NUMBER
VAR-63587
WVR-63588
TMP-63589
RECOMMENDATION
conditions:
conditions:
conditions:
REQUIRED FOR
APPROVAL
VAR-63587
VAR-63584
WVR-63588
** CONDITIONS **
Planning
1.
2.
Safety.
3.
4.
JB

Conditions Page Two
Planning
1.
2.
Safety.
3.
A Waiver from of Title 19.02.240 to allow no street lighting along the proposed interior
private street where such is required is approved.
4.
5.
6.
Planning
1.

2.
3.
4.
JB

5.

6.
Statutes.
Public Works
7.
Dedicate an additional 5-feet of right-of-way for a total radius of 15-feet on the southeast
corner of Dorrell Lane and Unicorn Street on the Final Map for this site.
8.
Construct all half-street improvements on Dorrell Lane and Unicorn Street adjacent to this
site. All existing paving damaged or removed by this development shall be restored at its
9.
The private street for this site must be granted as a Public Utility Easement, Public Sewer
10.
JB

11.
12.
13.
14.
deviations.
JB

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Tentative Map for a proposed eight-lot single-family residential
subdivision, comprised of eight residential lots and two common lots on a 2.10-acre undeveloped
site located on the southeast corner of Dorrell Lane and Unicorn Street, within a R-1 (Single
Family Residential) zoning district.
Complete Street development standards; to allow a connectivity ratio of 1.0 where 1.3 is
required, to allow no amenity zone where such is required along Dorrell Lane and Unicorn
Street, to allow a 183-foot external intersection offset where 220 feet is the minimum distance
separation required and to allow no streetlights along the proposed interior private street where
such are required. No unique or extraordinary evidence has been presented to warrant the
requested Waiver and Variance. As such, the hardship is self-imposed and; therefore, staff
recommends denial of all associated applications with this project.
ISSUES
A Waiver is required to allow no installation of streetlights along the proposed interior

private street required by Title 19.02.240 development standards.
A Variance application is required to allow a connectivity ratio of 1.0 where 1.3 is required
by Title 19.04.040 development standards.
A Variance is required to allow, no amenity zone improvements and sidewalk along Dorrell
Lane and Unicorn Street, which are required by Title 19.04 development standards.
The Planning Commission denied a request for a Rezoning (ZON-4215) from
R-E (Residence Estates) to R-2 (Medium-Low Density Residential) adjacent
06/10/04
to the southeast corner of Dorrell Lane and Unicorn Street. Staff
(Residence Estates) to R-1 (Single Family Residential) adjacent to the
07/07/04
southeast corner of Dorrell Lane and Unicorn Street. The Planning
Commission and staff recommended denial of the request.
JB


The Planning Commission approved a request for a Special Use Permit (SUP13209) to allow a 40-foot wide private street for a proposed eight-lot single
06/08/06
family residential development on the southeast corner of Dorrell Lane and
Unicorn Street. Staff recommended denial of the request.
The City Council approved a request for a Special Use Permit (SUP-13209) to
allow a 40-foot wide private street for a proposed eight-lot single family
07/12/06
residential development on the southeast corner of Dorrell Lane and Unicorn
Street. The Planning Commission recommended approval and Staff
The Planning Commission approved a request for a Tentative Map (TMP13210) for an eight-lot single-family residential subdivision at the southeast
07/27/06
corner of Dorrell Lane and Unicorn Street. Staff recommended denial of the
request.
The City Council approved a request for a Review of Condition (ROC-19029)
Number 8 from an approved Rezoning (ZON-4215) to allow the deferral of
street light installation on Unicorn Street and Dorrell Lane where it was
previously required for a proposed residential development adjacent to the
southeast corner of Dorrell Lane and Unicorn Street. Staff recommended
02/21/07
The City Council approved a request for a Reinstatement and Extension of
Time (EOT-19030) of an approved Rezoning (ZON-4215) from R-E
(Residence Estates) to R-1 (Single Family Residential) adjacent to the
southeast corner of Dorrell Lane and Unicorn Street. Staff recommended

06/21/05

A Code Enforcement case (#43769) was processed for an abandoned truck on
06/26/06
property located at 5201 West Dorrell Lane. The case was resolved on
07/13/06.
A Code Enforcement case (#83083) was processed for an abandoned truck on
10/14/09
property located at 5201 West Dorrell Lane. The case was resolved on
10/29/09.
JB

02/23/16
proposed eight-lot residential subdivision.
Field Check
03/03/16
undeveloped parcel of land with high weeds and shrubs.

Site Area
Net Acres
2.10
Surrounding
Property
Subject Property
North
South
East
West
Existing Land Use

Per Title 19.12
Undeveloped
Single-Family
Residential
Single-Family
Residential
Single-Family
Residential
Undeveloped
Planned or Special
ML (Medium Low
ML (Medium Low
ML (Medium Low
ML (Medium Low
ML (Medium Low

R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
Master Plan Areas

Trails
Compliance
N/A
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
JB

Existing Zoning
Permitted Density
Units Allowed
Units Provided
R-1 (Single Family
8.49 du/ac
17
8
Residential)
Standard
Min. Setbacks:
Front
Side
Rear
Corner
Maximum Height
Street Name
Required/Allowed
Provided
Compliance
20 Feet
5 Feet
15 Feet
15 Feet
35 Feet
20 Feet
5 Feet
15 Feet
15 Feet
N/A
Y
Y
Y
Y
N/A
Functional
Classification of
Street(s)
Governing Document

Highways
Dorrell Lane
Minor Collector
Highways
Unicorn Street
Minor Collector
Actual
Street Width
(Feet)
Compliance
with Street
Section
60
N*
60
N*
# Links
# Nodes
Internal Street
1
0
Cul-de-sac Terminus
1
0
0
Easements
0
Total
1
1
Required
Provided
1.30
1.00*
*The applicant has requested a Variance (VAR-63587) to allow a connectivity ratio of 1.0 where
1.3 is required by Title 19.04.040 development standards.
JB


Required
Provided
Compliance
way with sidewalk,
Unicorn Street
N*
zone, sidewalk and
streetlights and no
streetlights
amenity zone
way with sidewalk,
Dorrell Lane
N*
zone, sidewalk and
streetlights and no
streetlights
amenity zone
47-foot wide right-of47-foot wide right-ofCinder Crow Court
N*
(private street)
zone, sidewalk and
streetlights
install no amenity zone along Dorrell Lane and Unicorn Street; and no streetlights on the
proposed private drive Cinder Crow Court which provides access to the subject site.
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Single-Family
2 spaces
8 du
16
Detached
per du
16
16
Y
16
0
16
0
Y
ANALYSIS
subdivision located on the southeast corner of Dorrell Lane and Unicorn Street, within an R-1
(Single Family Residential) zoning district. The subject site is 2.10-acres and is currently
undeveloped.
(VAR-63587) of Title 19.04 Complete Street development standards; to allow a connectivity
ratio of 1.0 where 1.3 is required, to allow no amenity zone where such is required along Dorrell
JB

Lane and Unicorn Street, to allow a 183-foot external intersection offset where 220 feet is the
minimum distance separation required and to allow no streetlights along the proposed interior
private street where such are required.
The existing General Plan land use designation ML (Medium Low Density Residential) has an
allowable density of 8.49 dwelling units per gross acre, which is compatible with the eight
dwellings which are proposed. The proposed lots range in size from 8,268 square feet to 10,898
square feet and exceed the 60-foot minimum lot width required by code. Site access is proposed
from Cinder Crow Court by way of a 47-foot private street that will serve this site. The applicant
has indicated on the submitted plan that six-foot perimeter screening walls and interior screening
walls will be provided between the proposed lots and surrounding the site, which will be
designed in accordance with Title 19.06.060 development standards. The submitted north/south
and east/west cross section depicts maximum natural grade less than 2% across this site. Per the
Tables in Subdivision Code 19.06.050 a development with natural slope less than 2%, is allowed
a maximum 4-foot retaining wall. No retaining walls are shown in the cross sections.
1.
2.
3.


JB

resolution.
Variances.
allow no streetlights along the proposed interior private street and to allow a 187-foot external
requested a Waiver (WVR-63588) of Title 19.02 and Variance (VAR-63587) of Title 19.04
Complete Street development standards to allow a connectivity ratio of 1.0 where 1.3 is required,
to allow no amenity zone where such is required along Dorrell Lane and Unicorn Street, to allow
a 183-foot external intersection offset where 220 feet is the minimum distance separation
required and to allow no streetlights along the proposed interior private street where such are
required. Therefore, staff recommends denial with conditions.
23
NOTICES MAILED
235 - VAR-63587 and WVR-63588

235 - TMP-63589
APPROVALS
4 - VAR-63587 and WVR-63588

4 - TMP-63589
PROTESTS
40 - VAR-63587 and WVR-63588

37 - TMP-63589
JB
VAR-63587
VAR-63587
VAR-63587, WVR-63588 and TMP-63589
VAR-63587, WVR-63588 and TMP-63589
VAR-63587, WVR-63588 and TMP-63589
VAR-63587, WVR-63588 and TMP-63589
VAR-63587, WVR-63588 and TMP-63589

HORTON - OWNER: PRECEDENT PROPERTIES, LLC
SOUTHEAST CORNER OF DORRELL LANE AND UNICORN STREET
03/03/16

03/03/16

03/03/16
VAR-63587, WVR-63588 and TMP-63589

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - WVR-63588 - WAIVER RELATED TO VAR-63587 - PUBLIC HEARING APPLICANT: DR HORTON - OWNER: PRECEDENT PROPERTIES, LLC - For possible
action on a request for a Waiver TO ALLOW A 183-FOOT EXTERNAL INTERSECTION
OFFSET WHERE 220 FEET IS THE MINIMUM DISTANCE SEPARATION REQUIRED
AND TO ALLOW NO INTERIOR STREETLIGHTS WHERE SUCH ARE REQUIRED FOR
A PROPOSED RESIDENTIAL SUBDIVISION on 2.10 acres at the southeast corner of Dorrell
Lane and Unicorn Street (APN 125-24-602-001), R-1 (Single Family Residential) Zone, Ward 6
(Ross) [PRJ-63483]. Staff recommends DENIAL.
C.C.: 6/15/2016
32
RECOMMENDATION:

paper use, backup
WVR-63588
WVR-63588

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - TMP-63589 - TENTATIVE MAP RELATED TO VAR-63587 AND WVR63588 - DECATUR & DONALD III - PUBLIC HEARING - APPLICANT: DR HORTON OWNER: PRECEDENT PROPERTIES, LLC - For possible action on a request for a Tentative
Map FOR AN EIGHT-LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION on 2.10 acres
at the southeast corner of Dorrell Lane and Unicorn Street (APN 125-24-602-001), R-1 (Single
Family Residential) Zone, Ward 6 (Ross) [PRJ-63483]. Staff recommends DENIAL.
C.C: 6/15/2016
37
RECOMMENDATION:
3. Protest/Support Email and Postcards

paper use, backup
TMP-63589
TMP-63589
TMP-63589
TMP-63589
TMP-63589
TMP-63589
TMP-63589
TMP-63589
TMP-63589
TMP-63589
TMP 63483
DR Horton
SEC Dorrell Lane & Unicorn Street

Proposed Use
AM Peak Hour
9.57
PM Peak Hour
0.75
1.01
77
6
8

Bradley Road
5,438
435
Deer Springs Way

2,719
218

Bradley Road
Deer Springs Way

16,300
34,500
This project will add approximately 77 trips per day on Dorrell Ln., Unicorn St., Bradley Rd. and Deer Springs Way.
Bradley is currently at about 33 percent of capacity and Deer Springs is at about 8 percent of capacity. After this project,
Bradley is expected to be at about 34 percent of capacity and Deer Springs unchanged. Counts are not available in this
area for Dorrell or Unicorn, but they are believed to be under capacity.
Based on Peak Hour use, this development will add into the area roughly 8 additional cars, or about two every fifteen
minutes.

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - SUP-63594 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT:
OLYMPIA COMPANIES, LLC - OWNER: MF LAND, LLC - For possible action on a request
for a Special Use Permit FOR A RETAIL ESTABLISHMENT WITH ACCESSORY
PACKAGE LIQUOR OFF-SALE WITHIN A PROPOSED 124,943 SQUARE-FOOT
GENERAL RETAIL ESTABLISHMENT at the northeast corner of Skye Park Drive and West
Skye Canyon Park Drive (APN 125-07-201-003), T-D (Traditional Development) Zone [BL
(Blended Use) Skye Canyon Land Use Designation], Ward 6 (Ross) [PRJ-63503]. Staff
recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 6/15/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
1. Location and Aerial Maps - SUP-63594, SUP-63597 and SDR-63598 [PRJ-63503]
2. Special Map
3. Conditions and Staff Report - SUP-63594, SUP-63597 and SDR-63598 [PRJ-63503]
4. Supporting Documentation - SUP-63594, SUP-63597 and SDR-63598 [PRJ-63503]
5. Photo(s) - SUP-63594, SUP-63597 and SDR-63598 [PRJ-63503]
6. Justification Letter - SUP-63594, SUP-63597 and SDR-63598 [PRJ-63503]
9. Letter of Concern for SUP-63594, SUP-63597 and SDR-63598 [PRJ-63503]
SUP-63594, SUP-63597 and SDR-63598 [PRJ-63503]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: OLYMPIA COMPANIES, LLC - OWNER: MF
LAND, LLC
CASE
NUMBER
RECOMMENDATION
SUP-63594
.Staff recommends APPROVAL, subject to conditions:
SUP-63597
SDR-63598
REQUIRED FOR
APPROVAL
** CONDITIONS **
SUP-63594 CONDITIONS
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Retail
Establishment with Accessory Package Liquor use.
2.
3.
Safety.
4.
for building permit, as well as submitted as part of any business license application.
5.
Approval of this Special Use Permit does not constitute approval of a liquor license.
FS

Conditions Page Two
6.
This business shall operate in conformance to Chapter 6.50 of the City of Las Vegas
Municipal Code.
7.
Planning
1.
2.
Safety.
3.
4.
5.
This business shall operate in conformance to Chapter 6 of the City of Las Vegas
Municipal Code.
SDR-63598 CONDITIONS
Planning
1.
FS

2.
All development shall be in conformance with the site plan date stamped 04/18/16,
landscape plan date stamped 04/20/16, and building elevations date stamped 02/25/16
except as amended by conditions herein.
3.
All future pad sites (Pads A through M) will require the submittal and approval of a Site
Development Plan Review.
4.
An Exception from Title 19.08.110 is hereby approved to allow one-gallon shrubs within
parking lot landscape diamonds instead of required five-gallon shrubs.
5.
Along Skye Park Drive, which is classified as a Skye Canyon Minor Collector, a 17-foot
common lot consisting of six feet of landscaping, a six-foot sidewalk and five feet of
landscaping back of curb is required (Cross section Detail K 2nd DA amendment). Street
trees shall be spaced a minimum of 20 feet on center.
6.
Along West Skye Canyon Park Drive, which is classified as a Skye Canyon Arterial, a 32foot common lot consisting of 19 feet of landscaping, an eight-foot sidewalk and five feet
of landscaping back of curb is required (Cross section Detail A 2nd DA amendment).
Street trees shall be spaced a minimum of 20 feet on center.
7.
Along Grand Canyon Drive, which is classified as a Skye Canyon Major Collector, a 25foot common lot consisting of 12 feet of landscaping, an eight-foot sidewalk and five feet
of landscaping back of curb is required (Cross section Detail G1 2nd DA amendment).
Street trees shall be spaced a minimum of 20 feet on center.
8.
Safety.
9.
A Master Sign Plan shall be submitted for approval by the City of Las Vegas prior to the
issuance of a Certificate of Occupancy for any building on the site and prior to the issuance
of any sign permits.
10.
All proposed trash enclosures shall be roofed and enclosed.
11.
12.
A technical landscape plan, signed and sealed by a Registered Architect, Landscape

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

Additional parking lot landscaping islands with a 24-inch box minimum sized tree
are required for every six parking spaces along the west and east sides of the
Major building, adjacent to the north side of the Retail B building, along the
front of the building for sites C, D, H, K, L and M, and along the north perimeter of
the site.
13.
Parking lots directly abutting a building are not permitted per Title 19.08. A minimum
five-foot wide landscape buffer or minimum five-foot wide sidewalk is to be used to buffer
the rear and sides of buildings A, B and Major from adjacent parking spaces. A
combination of landscape buffer and sidewalk may be used to achieve the minimum fivefoot buffer, provided that any sidewalk so used may not have a width of less than three feet.
14.
15.
Prior to the submittal of a building permit application, the applicant shall meet with
Department of Planning staff to develop a comprehensive address plan for the subject site.
A copy of the approved address plan shall be submitted with any future building permit
applications related to the site.
16.
All City Code requirements and design standards of all City Departments must be satisfied,
Public Works
17.
Prior to the issuance of off-site construction permits, dedicate all rights-of-way adjacent to
this site in accordance with the Skye Canyon Village Development Agreement.
18.
Prior to the issuance of on-site building permits, the adjacent half street improvements with
appropriate overpaving for all public Village Streets must be constructed or guaranteed in
accordance with the Skye Canyon Village Development Agreement.
19.
Prior to the issuance of on-site building permits, construct or guarantee the public sewer in
the public rights-of-way adjacent to this site in accordance with the approved Skye Canyon
Wastewater Collection System Master Study.
20.
The proposed driveway locations and improvements on Grand Canyon Drive must meet the
approval of the City Traffic Engineer for proper traffic circulation with respect to the
driveways currently shown on the east side of Grand Canyon Drive as per the approved site
plan for SDR-60370. Comply with the recommendations of the City Traffic Engineer.
FS

Conditions Page Five
21. The on-site circulation around the proposed fuel station shall be amended to the satisfaction
of the City Traffic Engineer to mitigate the possibility of bottlenecks resulting in the backup
of vehicular traffic onto Grand Canyon Drive.
22.
Egress movements for driveways on West Skye Canyon Park Drive shall be restricted to
right turns only. The Developer shall modify the existing median opening appropriately
concurrent with on-site development activities.
23.
Coordinate the construction of an S median on West Skye Canyon Park Drive to restrict
left out turn movements from Skye Park Drive. This median shall be installed concurrent
the development of this site. Alternatively, the developer may elect to mitigate the
intersection by constructing at the developers sole expense a traffic signal. If the traffic
signal option is selected, the developer must submit and obtain approval of a separate
improvement plan set for this signal that includes the associated right-of-way dedications.
Additionally, a bond for the construction of the signal must be posted and the signal must
be constructed within 1 year of written notice from the City Traffic Engineer.
24.
25.
An update to the previously approved Master Traffic Impact Analysis must be submitted to
and approved by the Department of Public Works prior to the issuance of any building or
grading permits or the submittal of any construction drawings, whichever may occur first.
Comply with the recommendations of the approved update to the Traffic Impact Analysis
prior to occupancy of the site. Phased compliance will be allowed if recommended by the
approved Traffic Impact Analysis. No recommendation of the approved Traffic Impact
Analysis, nor compliance therewith, shall be deemed to modify or eliminate any condition
of approval imposed by the Planning Commission or the City Council on the development
of this site.
26.
27.
Site development to comply with all applicable conditions of approval for The Skye
Canyon Tentative Map (TMP-53058), The Skye Canyon II Tentative Map (TMP-58560)
and all other applicable site-related actions.
FS

** STAFF REPORT **
PROJECT DESCRIPTION
The request is for a 258,898 square-foot phased shopping center at the northwest corner of Grand
Canyon Drive and West Skye Canyon Park Drive within the Skye Canyon Master Planned
Community. The initial phase will consist of a 124,943 square-foot Major anchor retail
building and companion fuel station, with associated parking, landscaping and off-site
improvements. Special Use Permits have been requested to allow a Retail Establishment with
Accessory Package Liquor and a Gaming Establishment, General Business Related for an
anticipated grocer that will occupy the proposed anchor building. The remainder of the pad sites,
including a possible 19,200 square-foot expansion to the Major retail building, will be
constructed in future phases as dictated by market conditions.
ISSUES
The subject site is governed by the Kyle Canyon Development Standards and the 2011
version of the Unified Development Code (UDC).
This project utilizes updated Blended Use District development standards approved by the
City Council on 03/16/16.
A Gaming Establishment, General Business Related Special Use Permit has been requested.
A Retail Establishment with Accessory Package Liquor Special Use Permit, which is listed
under the 2011 UDC, has been requested.
An exception to Title 19.08 has been requested to provide relief from parking lot landscaping
standards.
12/01/04
The City Council approved a Resolution (R-176-2004) adopting guidelines for
development within the Kyle Canyon Gateway area
01/18/06
The City Council approved a request (GPA-9167) to amend a portion of the
Centennial Hills Sector Plan of the General Plan to change land use
designations from PCD (Planned Community Development), SC (Service
Commercial) and PF (Public Facilities) to TND (Traditional Neighborhood
Development) on 1,712 acres generally located north of Grand Teton Drive,
between Puli Road and Fort Apache Road. The Planning Commission and staff
recommended approval
FS


05/16/07
The City Council approved a Development Agreement (DIR-21605) between
Kyle Acquisition Group, LLC and the city of Las Vegas on 1,712 acres at the
southwest corner of Fort Apache Road and Moccasin Road for the development
of the Kyle Canyon Master Plan. The Planning Commission and staff
recommended approval. In a related item, the City Council voted to approve a
Parks Agreement between Kyle Acquisition Group, LLC and the city of Las
Vegas. Staff recommended approval.
05/16/07
The City Council approved a request for a Rezoning (ZON-20543) from U
(Undeveloped) [TND (Traditional Neighborhood Development) General Plan
Designation] and R-E (Residence Estates) to T-D (Traditional Development) on
1,712 acres at the southwest corner of Fort Apache Road and Moccasin Road.
The Kyle Canyon Development Standards and Design Guidelines were
approved as part of this action. The Planning Commission and staff
08/15/07
The City Council approved a parent Tentative Map (TMP-22586) for a 213- lot
mixed use subdivision on the Community property. The Planning Commission
and staff recommended approval. This map was expunged by TMP-25492.
09/23/08
Wachovia Bank, National Association, acting as the managing creditor of 41
creditors, foreclosed on the Kyle Canyon property. A new entity called KAG
Property, LLC was formed to assume ownership of the Kyle Canyon property
11/16/11
The City Council approved a request regarding the amending of the
Development Agreement (DIR-42266) for the Kyle Canyon Development on
approximately 1,662 acres at the southwest corner of Fort Apache Road and
Moccasin Road. Planning Commission and staff recommended approval. The
Development Agreement (Doc. #201206260000001) was recorded on 06/26/12.
04/08/14
The Planning Commission approved a Tentative Map (TMP-53058) for a 45lot subdivision (Parent Tentative Map) on 1,661.8 acres approximately 1,800
feet north of Horse Drive on the west side of Oso Blanca Road. Staff
01/21/15
The City Council approved a Variance (VAR-55892) to allow deviations from
the Street Naming Guidelines and Street Naming Configurations sections of the
City of Las Vegas Street Naming and Addressing Assignment Regulations, 209
Edition on Horse Drive between Us 95 and Iron Mountain Road, Fort Apache
Road between the US 95 and Moccasin Road, as well and on Hualapai Way
from Grand Teton Drive to Moccasin Road, respectively. The Planning
Commission and Staff recommend approval.
01/21/15
The City Council approved a Street Name Change (SNC-55060) request to
change the following street names: from Horse Drive to West Skye Canyon
Park Drive between US 95 and Iron Mountain Road; from Fort Apache Road to
North Skye Canyon Park Drive between US 95 and Moccasin Road; and from
Hualapai Way to Sky Village Road between grand Teton Drive and Moccasin
Road. The Planning Commission and Staff recommend approval.
FS


07/15/15
The City Council approved a request regarding the amending of the
Development Agreement (DIR-59826) for the Kyle Canyon Development on
approximately 1,662 acres at the southwest corner of Fort Apache Road and
Moccasin Road. Planning Commission and staff recommended approval.
03/16/16
The City Council approved a Major Modification (MOD-62679) request for a
Major Modification of the Kyle Canyon Blended Use Development Standards.
Planning Commission and staff recommended approval.
04/12/16
At the applicants request, the Planning Commission voted to hold this item in
abeyance to the May 10, 2016 Planning Commission Meeting.

11/07/13
A deed was recorded for a change in ownership for multiple parcels
During the pre-application meeting, the following issues were discussed:
02/27/16
General site plan items such as the need for setback and property line
dimensions.
The need for conformance to the Skye Canyon streetscape and Title
19 landscape standards
The need for SUPs for the gaming and liquor portion of the
application due to the static 2011 UDC being used with the
development standards.
The need for street dedications and encroachments for any
landscaping within the ROW.
The need for updates to the Skye Canyon master sewer and flood
studies.
Citys concurrence for the internal circulation and driveway locations.
Miscellaneous street discussion including medians, signal lights, etc.
A neighborhood meeting is not required for this application type, nor was one held
Field Check
03/01/16
The subject property is undeveloped.

FS


Site Area
Gross Acres
30.00
Surrounding
Property
Existing Land Use

Per Title 19.12
Subject Property
Undeveloped
North
Undeveloped
South
Undeveloped
East
Planned or Special
Kyle BLU (Blended
Land Use)
Kyle GED (Gaming)
Kyle L (Residential
Low)
Kyle ML-A (Residential
Medium Low
Attached)
T-D (Traditional
Development)
T-D (Traditional
Development)
T-D (Traditional
Development)
T-D (Traditional
Development)
Undeveloped
PCD (Planned
Community
Development)
Kyle ML (Residential
Medium Low)
West
Undeveloped
Kyle ML-A (Residential

Medium Low
Attached)
PD (Planned
Development)
T-D (Traditional
Development)
Master Plan Areas

Kyle Canyon Master Plan
T-D (Traditional Development) District
Trails
Compliance
Y
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
The subject site is zoned T-D (Traditional Development) and is located within the Skye Canyon
Master Plan area. The subject site is in substantial compliance with the provisions of the Skye
Canyon Master Plan and the T-D (Traditional Development) zoning district.
FS

Pursuant to the Kyle Blended Use development standards, the following standards apply:
Standard
Required/Allowed
Provided
Compliance
Min. Setbacks
Front
15 Feet
37 Feet
Y
Side
0 Feet
45 Feet
Y
Corner
0 Feet
37 Feet
Y
Rear
0 Feet
71 Feet
Y
0 or 10
Min. Distance Between Buildings
0 or 10 Feet
Feet
Y
Max. Lot Coverage
75 %
20 %
Y
40 Feet
Max. Building Height
5 Stories or 60 Feet
max
Y
Screened,
Gated, w/
Trash Enclosure
Y
Screened, Gated, w/ a Roof or
a Roof or Trellis
Trellis
Mech. Equipment
Screened
Screened
Y
The subject site meets or exceeds the Kyle Blended Use development standards.
Pursuant to Title 19.08 and the Kyle Blended Use development standards, the following
standards apply:
Landscaping and Open Space Standards
Required
Provided
Compliance
Standards
Ratio
Trees
Buffer Trees:
1 24 box tree per 30 ft.
23
43 Trees
Y
North
23 Trees
TOTAL PERIMETER TREES
1 Tree / 6 Uncovered
Parking Area Trees
Spaces, plus 1 tree at the
233 Trees
end of each row of spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
0 Feet
South
15 Feet
East
15 Feet
15 Feet
West
Wall Height
6 to 8 Feet Adjacent to Residential
43 Trees
251 Trees
20 Feet
20 Feet
60 Feet
20 Feet
Not Indicated
Y
Y
Y
Y
N/A
FS

The subject site exceeds applicable perimeter landscape standards along the north property line.
The remainder of the site perimeter is governed by the Skye Canyon streetscape standards as all
of the streetscape landscaping is located within an on-site common lot.
The site exceeds the number of overall parking lot trees; however, there are locations that do not
have the required tree every six spaces. A condition of approval has been included to ensure that
landscape islands are installed every six parking spaces along the west and east sides of the
Major building, adjacent to the north side of the Retail B building, along the front of the
building for sites C, D, H, K, L and M, and along the north perimeter of the site.
Street Name
Skye Park Drive
W. Skye Canyon
Park Drive
Functional
Classification of
Street(s)
Skye Canyon
Minor Collector
Governing Document
Skye Canyon
Development Standards
Manual
Skye Canyon
Arterial Street
Skye Canyon
Development Standards
Manual
Primary
Grand Canyon Drive Arterial/Skye
Canyon Major
Collector
Planned Streets and

Highways Map / Skye
Canyon Development
Standards Manual
Actual
Street Width
(Feet)
40 feet
Compliance
with Street
Section
Y
91 feet
65 feet
Pursuant to the Skye Canyon Development Standards, the following streetscape standards
apply:
Required
Provided
Compliance
17-foot common lot
17-foot common lot
consisting of 6 feet of
landscaping, an 6-foot
Sky Park Drive
Y
sidewalk and 5feet of
landscaping back of
landscaping back of curb
curb
32-foot common lot
32-foot common lot
W. Skye Canyon Park Drive
Y
landscaping back of
landscaping back of curb
curb
FS

Grand Canyon Drive
Required
Provided
25-foot common lot
25-foot common lot with
with 12 feet of
12 feet of landscaping, an
8-foot sidewalk, and 5
sidewalk, and 5 feet of
feet of landscaping back
landscaping back of
of curb
curb
Compliance
The site and landscape plan depict the proper streetscape for the three street frontages and a
condition of approval has been included to ensure compliance with this requirement.
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
1 space
per 250
Shopping
258,898
sq. ft. of
1,036
Center
building
area
Loading
Spaces
1,036
1,015
21
6
1,315
48
Y
Y
10
The Skye Canyon Development Standards defer to Title 19.08 and 19.12 for parking
requirements, and the subject site exceeds the minimum amount of required spaces.
Exceptions
Requirement
4 five-gallon shrubs per parking
lot landscape diamond
Request
4 one-gallon shrubs per
parking lot landscape
diamond as required
Staff Recommendation
Approval
An exception from Title 19.08.110 has been requested to allow four one-gallon shrubs instead of
four five-gallon shrubs within parking lot landscape islands. The exception is recommended as
the shade component of the parking lot landscaping has been provided and the size of the
proposed diamonds does not provide optimal growth parameters for both five-gallon shrubs and
a 24-inch box tree.
FS

ANALYSIS
The subject parcel is located within the Skye Canyon master planned community and is
designated as Kyle Blended Land Use (BLU), which was established to encourage the creation
of dynamic neighborhoods that allow for a mix of residential and non-residential uses on the
same site while emphasizing a strong pedestrian realm, strong connectivity, and public spaces
such as plazas and courtyards.
While the Blended Land Use category encourages a mix of uses within the same parcel or
building, the mixing of uses is not a requirement. The development standards specifically permit
property owners to develop a site within the Blended Land Use district with a single land use.
The types of uses that may be developed within the district include those compatible with the C1 (Limited Commercial), C-2 (General Commercial), P-O (Professional Office), and O (Office)
zoning districts. The proposed shopping center is consistent with a use that would typically be
found in a C-1 (Limited Commercial) zoning district.
In January of 2016, the Master Developer requested a modification to the Blended Use section of
the Skye Canyon development standards after a review of the existing market conditions in the
area. While a shopping center is a permitted use within the Blended Use district, some of the
required design standards in the Blended Use section did not allow for the flexibility needed by
the Master Developer to develop the parcel to the expected anchor tenants specifications. On
March 16, 2016, the City Council approved a major modification to the Blended Use design
standards to revise design language within the section.
The request is for a 258,898 square-foot phased shopping center at the northwest corner of Grand
Canyon Drive and West Skye Canyon Park Drive within the Skye Canyon Master Planned
Community. The initial phase includes a 124,943 square foot anchor Major retail building and
fueling station with associated parking, landscaping and offsite improvements. A future second
phase would possibly consist of a 19,200 square-foot building expansion and its construction
would be dependent on the existing market conditions. The expansion, if constructed, would
result in a total floor area of 144,143 square feet.
The site plan depicts 12 inline and standalone pad sites generally located along the perimeter of
the parcel. Of the 12 retail buildings, one is labeled as a Major, and a second is labeled as
Future Anchor A. The remainders of the pads are labeled as future retail. The perimeter
landscaping and streetscape treatments will be included with the first phase with the exception of
the standalone future pad site at the northwest portion of the property. The site plan depicts a
landscaped plaza area between retail buildings K and J to create a pedestrian friendly link
between the two future buildings. The shopping center will be developed in phases as market
conditions dictate, and as additional pad sites are contemplated, the approval of a Site
Development Plan Review will be required for each.
Access is provided via two drives each from Skye Park Drive and West Skye Canyon Park
Drive, and three drives from Grand Canyon Drive. There will also be access from a private drive
FS

located near the northwestern portion of the site. There are 1,315 proposed parking spaces,
which exceeds the 1,036 spaces that are required by Title 19.12. The ten provided loading
spaces also exceed the minimum required by Title 19.12. Parking lots directly abutting a
building are not permitted per Title 19.08. A minimum five-foot wide landscape buffer or
minimum five-foot wide sidewalk should be used to buffer the rear and sides of buildings A, B
and Major from adjacent parking spaces. A combination of landscape buffer and sidewalk may
be used to achieve the minimum five-foot buffer, provided that any sidewalk so used may not
have a width of less than three feet. A condition of approval has been included to ensure
compliance with this requirement.
The site exceeds the number of overall parking lot trees; however, there are locations that do not
have the required landscape island with a tree every six spaces. A condition of approval has
been included to ensure that landscape islands are installed every six parking spaces along the
west and east sides of the Major building, adjacent to the north side of the Retail B building,
along the front of the building for sites C, D, H, K, L and M, and along the north perimeter of the
site.
The parking lot landscaping utilizes an alternative diamond island design, which is consistent
with the provisions of Title 19.08. While the landscape plan generally depicts landscape
diamond every six spaces as required, the required four 5-gallon shrubs per diamond is not
shown on the landscape plan. Instead, one gallon shrubs have been provided within some of the
landscape diamonds, and an exception to Title 19.08 has been requested to provide relief from
this requirement. The exception is recommended as the shade component of the parking lot
landscaping has been substantially provided and the size of the landscape diamonds do not
provide optimal growth parameters for both five-gallon shrubs and a 24-inch box tree.
The parking lot landscaping primary consists of 24-inch Pink Crepe Myrtles, Bradford Flowering
Pears and Chilean Mesquites. Ground cover within the landscape islands consists of five-gallon
Red Yuccas and one-gallon Pink Muhly and Prostrate Germanders.
The subject site is located on three different street frontages and is subject to various Skye
Canyon streetscape standards. As all the improvements are located within an on-site common lot
as opposed to right-of-way, the streetscape installation replaces any perimeter landscaping that
would normally be required. Along Skye Park Drive, which is classified as a Skye Canyon
Minor Collector, a 17-foot common lot consisting of six feet of landscaping, a six-foot sidewalk
and five feet of landscaping back of curb is required. The provided landscape plan depicts
primarily 24-inch box Pink Dawn Chitalpa and Japanese Blueberry Trees spaced alternatively
spaced 20 feet on center with various one and five-gallon shrubs used as ground cover along this
portion of the site.
Along West Skye Canyon Park Drive, which is classified as a Skye Canyon Arterial, a 32-foot
common lot consisting of 19 feet of landscaping, an eight-foot sidewalk and five feet of
landscaping back of curb is required. The provided landscape plan depicts primarily 24-inch box
Fan-Tex Ash and Japanese Blueberry Trees spaced alternatively spaced 20 feet on center with
various one and five-gallon shrubs used as ground cover along this portion of the site.
FS

Staff Report Page Ten
Along Grand Canyon Drive, which is classified as a Skye Canyon Major Collector, a 25-foot
common lot consisting of 12 feet of landscaping, an eight-foot sidewalk and five feet of
landscaping back of curb is required. The provided landscape plan depicts primarily 24-inch box
Arizona Ash and Japanese Blueberry Trees spaced alternatively spaced 20 feet on center with
various one and five-gallon shrubs used as ground cover along this portion of the site.
Building elevations were provided for the Major retail building and associated fuel station
only. The building elevations are generally consistent with the revised Blended Use District
standards. The provided building elevation depicts a 26-foot high building with a generally flat
roof. Above the two main entrances, a portion of the roof is pitched and rises to a height of 40
feet. The exterior consists of decorative split and smooth CMU block with architectural
embellishments such as stone veneer and painted steel canopies to add visual interest. The fuel
station elevations depict a fuel center kiosk and canopy that is designed to match the
characteristics of the primary building. Elevations for the remaining inline and pad retail sites
will be provided with future Site Development Plan Review applications.
Floorplans were provided for the Major retail building only and are typical for this type of
retail establishment. The floor plan depicts areas for food and product sales, back of house
storage, and customer service areas.
The applicant has requested a Special Use Permit for a Retail Establishment with Accessory
Package Liquor. As a part of the Kyle Canyon (Skye Canyon) development agreement, one of
the negotiated points was to utilize a 2011 static version of the Unified Development Code in
perpetuity. In February of 2016, the zoning code was amended (Ordinance #6505) to remove the
Retail Establishment with Accessory Package Liquor category and replace it with the Grocery
Store with Alcohol category, which is a Conditional Use. Within the 2011 code, the category to
allow for alcohol within a grocery store is the Retail Establishment with Accessory Package
Liquor, which requires a Special Use Permit application. The request for the Retail
Establishment with Accessory Package Liquor is recommended for approval as it meets all
Special Use Permit requirements outlined in the 2011 version of Title 19.12.
A second Special Use Permit has been requested for Gaming Establishment, General Business
Related, which is permitted within a building or structure which is primarily used for some
business other than gaming but in which restricted gaming is permitted pursuant to Title 6.
There are no additional requirements other than compliance with licensing requirements and
therefore staff recommends the approval of this Special Use Permit.
FINDINGS (SUP-63594)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
FS

Staff Report Page Eleven
1.
The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.
The proposed Retail Establishment with Accessory Package Liquor use can be conducted
in a manner that is harmonious and compatible with existing surrounding land uses, and
with future surrounding land uses as projected by the General Plan.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The proposed grocery store is physically suitable for the type and intensity of land use
proposed.
3.
Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
The street facilities are adequate in size to meet the requirements of the proposed use.
4.
Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.
The approval of the SUP is not inconsistent with, or compromises the public health, safety,
and welfare or the overall objectives of the General Plan.
5.
The use meets all of the applicable conditions per Title 19.12.
The proposal meets all applicable conditions of Title 19.12
1.
The proposed Gaming Establishment, General Business Related 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.
FS

Staff Report Page Twelve
2.
The proposed grocery store is physically suitable for the type and intensity of land use
proposed.
3.
The street facilities are adequate in size to meet the requirements of the proposed use.
4.
General Plan.
The approval of the SUP is not inconsistent with or compromises the public health, safety,
and welfare or the overall objectives of the General Plan.
5.
The proposal meets all applicable conditions of Title 19.12
FINDINGS (SDR-63598)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E) the
Planning Commission and/or City Council must affirm the following:
1.
The proposed development is compatible with adjacent development and

development in the area;
The proposed shopping center is generally consistent with all applicable Skye Canyon and
Title 19 Development Standards, and the development will be compatible with
development in the area.
2.
The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other dulyadopted city plans, policies and standards;
With the requested exceptions, the development will be consistent with the General Plan,
the Skye Canyon Development Standards and applicable Title 19 requirements.
3.
Site access and circulation do not negatively impact adjacent roadways or

neighborhood traffic;
FS

Staff Report Page Thirteen
The site access and circulation does not negatively impact adjacent roadways or
neighborhood traffic.
4.
Building and landscape materials are appropriate for the area and for the City;
Building and landscape materials are appropriate for the area and the City, and are
generally consistent with the Blended Use category development standards.
5.
Building elevations, design characteristics and other architectural and aesthetic

features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;
The building elevations are not are not unsightly, undesirable, or obnoxious in appearance
and are harmonious and compatible with development in the area.
6.
Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
Appropriate measures have been taken to secure and protect the public health, safety
and general welfare.
31
NOTICES MAILED
555 - SUP63594
555 - SUP-63597 and SDR-63598
APPROVALS
1 - SUP-63594
0 - SUP-63597
1 - SDR-63598
PROTESTS
2 - SUP63594
3 - SUP-63597
4 - SDR-63598
FS
SUP-63594
SUP-63594
SUP-63594
SUP-63594, SUP-63597 and SDR-63598 - REVISED
SUP-63594, SUP-63597 and SDR-63598
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SUP-63594, SUP-63597 and SDR-63598
SUP-63594 [PRJ-63503] - SPECIAL USE PERMIT RELATED TO SUP-63597 AND SDR-63598 APPLICANT: OLYMPIA COMPANIES, LLC - OWNER: MF LAND, LLC
NORTHEAST CORNER OF SKYE PARK DRIVE AND WEST SKYE CANYON PARK DRIVE
03/03/16
SUP-63594 [PRJ-63503] - SPECIAL USE PERMIT RELATED TO SUP-63597 AND SDR-63598 APPLICANT: OLYMPIA COMPANIES, LLC - OWNER: MF LAND, LLC
NORTHEAST CORNER OF SKYE PARK DRIVE AND WEST SKYE CANYON PARK DRIVE
03/03/16

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - SUP-63597 - SPECIAL USE PERMIT RELATED TO SUP-63594 - PUBLIC
HEARING - APPLICANT: OLYMPIA COMPANIES, LLC - OWNER: MF LAND, LLC - For
possible action on a request for a Special Use Permit FOR A GAMING ESTABLISHMENT,
GENERAL BUSINESS RELATED WITHIN A PROPOSED 124,943 SQUARE-FOOT
GENERAL RETAIL ESTABLISHMENT at the northeast corner of Skye Park Drive and West
Skye Canyon Park Drive (APN 125-07-201-003), T-D (Traditional Development) Zone [BL
(Blended Use) Skye Canyon Land Use Designation], Ward 6 (Ross) [PRJ-63503]. Staff
RECOMMENDATION:
2. Special Map
4. Protest Postcards - SUP-63597 and SDR-63598 [PRJ-63503]

paper use, backup
SUP-63597
SUP-63597
SUP-63597

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - RENOTIFICATION - SDR-63598 - SITE DEVELOPMENT PLAN REVIEW
RELATED TO SUP-63594 AND SUP-63597 - PUBLIC HEARING - APPLICANT: OLYMPIA
COMPANIES, LLC - OWNER: MF LAND, LLC - For possible action on a request for a Site
Development Plan Review FOR A PROPOSED 265,108 SQUARE-FOOT SHOPPING
CENTER on 30 acres at the northeast corner of Skye Park Drive and West Skye Canyon Park
Drive (APN 125-07-201-003; a portion of 125-07-101-007 and a portion of 125-07-201-001), TD (Traditional Development) Zone [BL (Blended Use) Skye Canyon Land Use Designation],
Ward 6 (Ross) [PRJ-63503]. Staff recommends APPROVAL.
RECOMMENDATION:

paper use, backup
SDR-63598
SDR-63598
SDR-63598
SDR 63598
Olympia Companies, LLC
NEC Skye Park Drive & Skye Canyon Park Drive

Proposed 258.445 thousand square foot shopping center.
First Use
42.94
SHOPPING CENTER [1000 SF]
AM Peak Hour
241.545
PM Peak Hour
1.00
3.73
10,372
242
901
Second Use
127.15

HIGH-TURNOVER (SIT-DWN)
RESTAURANT [1000 SF]
AM Peak Hour
6.4
PM Peak Hour
11.52
11.15
814
74
71
Third Use
496.12

FAST-FOOD WITH DRIVE-THRU [1000
SF]
AM Peak Hour
5.7
PM Peak Hour
49.35
33.84
2,828
281
193
Fourth Use
148.15
DRIVE-IN BANK [1000 SF]
AM Peak Hour
4.8
PM Peak Hour
12.35
25.82
711
59
124
Total
42.94
SHOPPING CENTER [1000 SF]
AM Peak Hour
PM Peak Hour
1.00
3.73
Existing traffic on all nearby streets:

Grand Canyon Dr.
5,980
478

34,500
Grand Canyon Dr.
258.445
14,725
656
1,289
This project will add approximately 14,725 trips per day on Grand Canyon Dr., Skye Park Dr. and Skye Canyon Park Dr.
Grand Canyon is currently at about 17 percent of capacity. After this project, it is expected to be at about 60 percent of
capacity. Counts are not available for Skye Park Dr. and Skye Canyon Park Dr., but they are believed to be under
capacity.
Based on Peak Hour use, this development will add into the area roughly 1,289 additional cars, or forty-three every two
minutes.

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - SDR-63591 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING APPLICANT/OWNER: LUCKY DRAGON, LP - For possible action on a request for a Major
Amendment of an approved Site Development Plan Review (SDR-43890) FOR REVISED
HOTEL BUILDING AND PARKING GARAGE ELEVATIONS AND A WAIVER OF
DOWNTOWN CENTENNIAL PLAN PARKING STRUCTURE DESIGN STANDARDS IN
CONJUNCTION WITH AN APPROVED 240,199 SQUARE-FOOT HOTEL/CASINO on 2.51
acres on the north side of Sahara Avenue, approximately 410 feet west of Fairfield Avenue (APN
162-04-816-001), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-63572]. Staff
recommends DENIAL.
C.C.: 6/15/2016
RECOMMENDATION:
2. Conditions and Staff Report
4. Photo(s)
5. Justification Letter
6. Protest/Support Postcards and Support E-mail
SDR-63591 [PRJ-63572]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: LUCKY DRAGON, LP
CASE
NUMBER
RECOMMENDATION
SDR-63591

conditions:
REQUIRED FOR
APPROVAL
** CONDITIONS **
Planning
1.
Conformance to the approved conditions of approval for Site Development Plan Review
(SDR-43890), except as amended herein.
2.
3.
All development shall be in conformance with the site plan, landscape plan, and building
elevations, date stamped 02/25/16, except as amended by conditions herein.
4.
A Waiver from the Downtown Centennial Plan is hereby approved, to allow the parking
garage to contain different materials and finishes than the hotel/casino building where such
materials and finishes are required to be incorporated into the garage.
5.
Safety.
SS
SDR-63591 [PRJ-63572]
Conditions Page Two
6.
7.
Public Works
8.
Site development to comply with all applicable conditions of approval for Site
Development Plan Review SDR-43890 and all other applicable site-related actions.
SS
SDR-63591 [PRJ-63572]
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting to revise the approved elevations for the Lucky Dragon Hotel and
Casino to remove colored metal panels from the parking garage that were used as a screening
device and to replace the painted metal panels on the casino with a smooth, scored and colored
EIFS product that resembles the metal panels. The Downtown Centennial Plan requires
uniformity of architectural form, materials, finishes and proportions between parking garages
and the primary buildings they serve. With removal of the red colored metal panels, the garage,
which faces Cincinnati Avenue, would lack screening of the open areas of the garage, become
visually and architecturally disconnected from the hotel/casino and aesthetically incompatible
with other properties in the vicinity. Staff therefore recommends denial of the waiver and the
associated Site Development Plan Review, with conditions if approved.
ISSUES
A Waiver of the Downtown Centennial Plan (Northern Strip Gateway District) is required to
allow the parking garage to contain different materials and finishes than the hotel/casino
building where such are required.
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The Board of City Commissioners approved a request for Rezoning (Z-001361) from R-3 (Limited Multiple Residence) to C-1 (Limited or Neighborhood
03/22/61
Commercial) on property generally located at the northwest corner of San
Francisco Avenue and Fairfield Avenue.
The Planning Commission
The Board of City Commissioners approved a request for Rezoning (Z-002661) from R-3 (Limited Multiple Residence) to C-1 (Limited or Neighborhood
07/26/61
Commercial) on property generally located on the north side of San Francisco
Avenue between Tam Drive and Fairfield Avenue.
The Planning
Commission recommended approval.
The City Council approved a Petition to Vacate (VAC-0001-99) alleys
generally located on the south side of Cincinnati Avenue, between Tam Drive
03/08/99
and Fairfield Avenue. The Planning Commission and staff recommended
approval.
SS
SDR-63591 [PRJ-63572]

The City Council approved a request for Rezoning (Z-0002-99) from C-1
(Limited Commercial), C-2 (General Commercial), R-3 (Medium Density
Residential) and R-4 (High Density Residential) to C-2 (General Commercial)
on 5.00 acres at the northwest corner of Sahara Avenue and Fairfield Avenue.
The Planning Commission and staff recommended approval.
The City Council approved a request for a Vacation (VAC-20805) to vacate a
27-foot 4-inch wide section of public right-of-way generally located between
Cincinnati Avenue and Sahara Avenue. The Planning Commission and staff
06/20/07
The City Council approved a Variance (VAR-20806) to allow a 12-foot tall wall
along the west and north property lines where eight feet is the maximum height
permitted on property located at 300 West Sahara Avenue. The Planning
The City Council approved a request for Rezoning (ZON-25295) from C-1
(Limited Commercial) to C-2 (General Commercial) on 0.47 acres adjacent to
the north side of Sahara Avenue, approximately 570 feet west of Fairfield
Avenue. The Planning Commission and staff recommended approval.
The City Council approved a Special Use Permit (SUP-25262) for a 795-foot
tall building in the A-O (Airport Overlay) District where the height limitation is
175 feet, located on the north side of Sahara Avenue, approximately 375 feet
west of Fairfield Avenue. The Planning Commission and staff recommended
approval.
The City Council approved a Special Use Permit (SUP-25263) for a proposed
Mixed-Use Development located on the north side of Sahara Avenue,
approximately 375 feet west of Fairfield Avenue. The Planning Commission
03/19/08
and staff recommended approval.
The City Council approved a Special Use Permit (SUP-25264) for a proposed
Gaming Establishment, Nonrestricted located on the north side of Sahara
Avenue, approximately 375 feet west of Fairfield Avenue. The Planning
The City Council approved a Site Development Plan Review (SDR-25261)
for a proposed 72-story Mixed-Use Development, including a 1,300-room
Hotel, 67,800 square-foot Nonrestricted Gaming Establishment, 254,240
square feet of commercial space and 40 residential condominium units with a
waiver of the Downtown Centennial Plan Standards for the build-to line
requirement adjacent to the north side of Sahara Avenue, approximately 375 feet
west of Fairfield Avenue.
The City Council approved a request for a General Plan Amendment (GPA43887) from MXU (Mixed Use) to C (Commercial) and a related request for
02/15/12
Rezoning (ZON-43888) from R-4 (High Density Residential) to C-2 (General
Commercial) on 0.20 acres at 305 West Cincinnati Avenue. The Planning
SS
SDR-63591 [PRJ-63572]

Gaming Establishment, Non-restricted on the north side of Sahara Avenue,
The City Council approved a request for a Rezoning (ZON-43888) from R-4
(High Density Residential) to C-2 (General Commercial) on 0.20 acres at 305
West Cincinnati Avenue. The Planning Commission and staff recommended
approval.
(SDR-43890) for a proposed 240,144 square-foot, 201-unit, 10-story
Hotel/Casino with a 466-space parking garage and waivers of the Downtown
Centennial Plan Standards for streetscape, service area/loading dock, utility
location, perimeter wall height and wall treatment at the street level
requirements on 2.63 acres along the north side of Sahara Avenue,
recommended approval; staff recommended denial. The entitlement has been
exercised.
The City Council approved a request for a Vacation (VAC-43891) to vacate a
02/15/12
portion of an existing alley south of Cincinnati Avenue and east of Tam Drive.
The Order of Vacation was recorded 10/23/14.
The Planning Commission approved a request for a Tentative Map (TMP44450) for a one-lot commercial subdivision on 2.63 acres adjacent to the north
03/13/12
side of Sahara Avenue, approximately 410 feet west of Fairfield Avenue. Staff
A code enforcement case (128349) was processed for an open and accessible
05/06/13
structure, a hole in a chain link fence, high weeds, overflowing dumpster and
graffiti at 305 West Cincinnati Avenue. The case was resolved on 05/21/13.
The City Council approved an Extension of Time (EOT-52466) for a Gaming
02/19/14
Establishment, Non-Restricted Use on the north side of Sahara Avenue,
approximately 410 feet west of Fairfield Avenue. Staff recommended approval.
Department of Planning staff administratively approved an Extension of Time
02/20/14
(EOT-52467) of an approved Petition to Vacate (VAC-43891) a portion of an
existing alley south of Cincinnati Avenue, east of Tam Drive.
Department of Planning staff administratively approved a Site Development
Plan Review (SDR-56654) for a Minor Amendment of a previously approved
Site Development Plan Review (SDR-43890) to reduce the building height by
one story, modify the faade, update the floor plans, revise the landscape plans,
12/03/14
revise the ingress/egress drive aisle, remove the garage exit ramp on the east side
of the project and align the parking garage with Cincinnati Avenue on 2.63 acres
on the north side of Sahara Avenue, approximately 410 feet west of Fairfield
Avenue.
SS
SDR-63591 [PRJ-63572]

A Final Map (FMP-54803) for a one-lot commercial subdivision (Lucky
04/17/15
Dragon) on 2.52 acres on the north side of Sahara Avenue, approximately 380
feet west of Fairfield Avenue, was recorded.
The City Council approved a Review of Condition (ROC-56669) of an approved
Site Development Plan Review (SDR-43890) to amend Condition #6, which
12/03/16
allowed (via waiver of the Downtown Centennial Plan) an 8 to 10-foot
meandering sidewalk along the Sahara Avenue frontage, to allow a 5 to 10-foot
meandering sidewalk. Staff recommended approval.
The Planning Commission voted to hold this item (SDR-63591) in abeyance to
04/12/16
the May 10, 2016 Planning Commission meeting at the applicants request to
work with staff.

09/16/14

No business licenses have been issued for this location.
A building permit (279525) was issued for early grading at 300 West Sahara
02/12/15
Avenue. A final inspection has not been approved.
A building permit (277260) was issued for a hotel/casino foundation at 300
03/30/15
West Sahara Avenue. A final inspection has not been approved.
A building permit (272364) was issued for a casino and parking garage at 300
West Sahara Avenue. A final inspection has not been approved.
A building permit (272365) was issued for a hotel tower at 300 West Sahara
Avenue. A final inspection has not been approved.
07/01/15
A building permit (272366) was issued for onsite improvements at 300 West
Sahara Avenue. A final inspection has not been approved.
A building permit (272367) was issued for a pedestrian walkway at 300 West
Sahara Avenue. A final inspection has not been approved.
A building permit (272364) was issued for a tenant improvement for
11/30/15
restaurant and bar areas at 300 West Sahara Avenue. A final inspection has
not been approved.
Submittal requirements for a Site Development Plan Review application were
discussed with the applicant. A major amendment of the approved site review
02/24/16
would be required because a waiver of the Downtown Centennial Plan would
be necessary. The applicant showed staff renderings of the revised elevations.
SS
SDR-63591 [PRJ-63572]
A neighborhood meeting is not required, nor was one held.
Field Check
03/03/16
A large hotel building and parking garage are under construction on the site.
The south faade of the hotel is unfinished.

Site Area
Net Acres
2.51
Surrounding
Property
Subject Property
North
South
East
West
Existing Land Use Per

Title 19.12
Planned or Special
Land Use
Designation
Hotel & Casino
C (Commercial)
C-2 (General
Commercial)
MXU (Mixed Use)
R-4 (High Density

Residential)
CT (Commercial
Tourist) Clark
County designation
H-1 (Limited Resort and

Apartment) Clark
County designation
C (Commercial)
C-2 (General
Commercial)
General Retail
C (Commercial)
C-1 (Limited
Commercial)
Multi-Family
Residential
(Apartments)
MXU (Mixed Use)
R-4 (High Density

Residential)
Single Family,
Detached
Multi-Family
Residential
(Apartments)
Commercial
Recreation/Amusement
(Outdoor)
Multi-Family
Residential
(Condominiums)
Master Plan Areas

Downtown Centennial Plan
Downtown Centennial Plan Overlay District (Northern Strip Gateway District)
G-O (Gaming Enterprise Overlay) District
A-O (Airport Overlay) District (175 Feet)
Compliance
N
Compliance
N
Y
Y
SS
SDR-63591 [PRJ-63572]

Trails
Compliance
N/A
Y
N/A
N/A
Section VII.G of the Downtown Centennial Plan contains standards for the Northern Strip
Gateway District. Subsection (e) requires the following for parking structures:
Requirement
Exterior walls of all parking structures
shall be designed as part of the
architectural form of the primary and/or
the surrounding buildings and shall
incorporate the same materials, finishes
and proportions of the primary building.
Provided
Compliance
Open parking garage
with no colored screening
panels. Would resemble
the revised elevations of
the casino, which would
remove metal panels in
N
favor of a painted EIFS
SDR-43890 allowed
blank walls along the
north elevation through
waiver
Street Name
Functional
Classification of
Street(s)
Sahara Avenue
Primary Arterial
Waivers
Requirement
Exterior walls of all parking
structures shall be designed as part of
the architectural form of the primary
and/or the surrounding buildings and
shall incorporate the same materials,
finishes and proportions of the
primary building.
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Master Plan of Streets

and Highways Map
120
Request
To allow painted concrete for the

parking garage and a scored,
colored EIFS material for the
casino exterior.
Denial
SS
SDR-63591 [PRJ-63572]
ANALYSIS
Development within this site is subject to the requirements of the Northern Strip Gateway
District of the Downtown Centennial Plan and Title 19 where other standards are not addressed
by the Downtown Centennial Plan.
The approved elevations showed red painted metal panels on the casinos south side as well as the
building corners. The parking garage was designed to match this feature by displaying red metal
panels over the openings, which also provided visual screening. For economic reasons the applicant
is proposing to remove the red painted metal panels from both the casino and the parking garage.
However, this removes the screening device from the garage and leaves only the painted concrete
facades where the casino will now feature a colored EIFS exterior that is intended to resemble the
metal panels. This creates a disconnect between the design of the garage and the casino that is not
compatible with the surrounding development. The sites most affected would be the residences to
the north of Cincinnati Avenue, which would be facing an aesthetically undesirable faade. While
the colors of the garage and casino would match, the metal panels, which would have provided
visual interest and screening from noise and odors, would not be present. Staff therefore
recommends denial, with conditions.
1.

The proposed changes to the parking garage and casino would result in facades that match
in color but not in materials, which would negatively affect views from the north side of
Cincinnati Avenue.
2.
The proposed revisions would create a non-uniform faade that features painted concrete
for the parking garage and colored EIFS for the casino exterior; per the Downtown
Centennial Plan the parking garage is required to incorporate the same materials and
finishes as the primary building. Staff does not support a waiver of this standard.
3.

SS
SDR-63591 [PRJ-63572]
Site access to the property, including the parking garage, is not affected by this request.
4.
Painted concrete exteriors with no additional ornamentation are not appropriate for parking
garages in the Downtown Centennial Plan area and do not match the materials proposed
for the casino building.
5.

The proposed revision to the parking garage elevations would have a similar red coloring
to match the hotel and casino; however, without the red metal panels that were originally
approved the garage would become visually and architecturally disconnected from the
hotel/casino and aesthetically incompatible with other properties in the vicinity. Screening
of the parking garage provided a continuity of design along the north side of the property
that provided a resemblance to the primary building.
6.
general welfare.
Revisions to the elevations will be subject to building permit review and inspection,
thereby protecting the public health, safety and general welfare.
NOTICES MAILED
412
APPROVALS
PROTESTS
23
SS
SDR-63591
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SDR-63591
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SDR-63591
SDR-63591
SDR-63591
SDR-63591
SDR-63591
SDR-63591
SDR-63591
SDR-63591 [PRJ-63572] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: LUCKY DRAGON,

LP
NORTH SIDE OF SAHARA AVENUE, WEST OF FAIRFIELD AVENUE
03/04/16

LP
03/04/16

LP
03/21/16

LP
03/21/16

LP
03/21/16
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DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ZON-63987 - REZONING - PUBLIC HEARING - APPLICANT: DR HORTON - OWNER:
REMARK REVOCABLE TRUST, ET AL - For possible action on a request for a Rezoning
FROM: U (UNDEVELOPED) [R (RURAL DENSITY RESIDENTIAL) GENERAL PLAN
DESIGNATION] TO: R-D (SINGLE FAMILY RESIDENTIAL-RESTRICTED) on 2.94 acres
at the southeast corner of Washburn Road and Maverick Street (APNs 125-35-701-001 through
003), Ward 4 (Anthony) [PRJ-63443]. Staff recommends APPROVAL.
C.C.: 6/15/2016
RECOMMENDATION:
Staff recommends APPROVAL
1. Location and Aerial Maps - ZON-63987, ZON-63998 and TMP-63989 [PRJ-63443]
2. Conditions and Staff Report - ZON-63987, ZON-63998 and TMP-63989 [PRJ-63443]
3. Supporting Documentation - ZON-63987, ZON-63998 and TMP-63989 [PRJ-63443]
4. Photo(s) - ZON-63987, ZON-63998 and TMP-63989 [PRJ-63443]
5. Justification Letter - ZON-63987, ZON-63998 and TMP-63989 [PRJ-63443]
6. Protest Postcard
ZON-63987, ZON-63988 and TMP-63989 [PRJ-63443]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: DR HORTON - OWNER: REMARK
REVOCABLE TRUST, ET AL
CASE
NUMBER
ZON-63987
ZON-63988
TMP-63989
RECOMMENDATION
Staff recommends APPROVAL.
REQUIRED FOR
APPROVAL
ZON-63987
ZON-63988
** CONDITIONS **
Planning
1.
2.

community, and prior to recordation of the Covenants, Codes and Restrictions CC&R),
YK

Conditions Page Two
3.
Statutes.
Public Works
4.
Dedicate a 20-foot radius on the northeast corner of La Madre Way and Maverick Street
and a 20-foot radius at the northwest corner of La Madre Way and Bronco Lane on the
Final Map for this site.
5.
Construct half street improvements on Washburn Road, Bronco Lane, La Madre Way and
Maverick Street matching adjacent public street standards including appropriate transition
paving, were legally able, concurrent with the development of this site. All existing paving
damaged or removed by this development shall be restored at its original location and to its
original width concurrent with development of this site.
6.
All public sewers not located in the public right-of-way for this site must be within a Public
Sewer Easement or in a Patent Easement with a Declaration of Intent. Prior to approval of
construction drawing for this site, provide documentation that a legal right to construct
public sewer in La Madre Way exists. Additionally, prepare a Declaration of Utilization
for any patent easements that are to be used for the off-site sewer in La Madre Way if
required by the Sanitary Sewer Planning Section of the Department of Public Works.
7.
permits beyond 75%. The above thresholds notwithstanding, all required Improvements
8.
9.
YK

10.
deviations.
YK

** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting two Rezoning (ZON-63987 and 63988) applications to change the
zoning district from U (Undeveloped) [R (Rural Density Residential) General Plan Designation]
to R-D (Single Family Residential-Restricted). The land is currently undeveloped. Staff
recommends approval of the request as the density of the proposal is compatible with the
existing surrounding residential developments. If denied, the parcels would remain unchanged.
The applicant is also requesting a related Tentative Map (TMP-63989) for a 55-lot subdivision.
The subdivision is designed to meet all Title 19 code requirements. Staff recommends approval
of the Rezoning and Tentative Map applications. If denied, no permits would be issued for the
project.
The City Council approved Annexation (A-0038-02) as part of a larger 495
02/05/03
acre request that included this site.

08/26/13 and
Deeds were recorded for a change in ownership of parcels 125-35-701-001
08/28/15
through 003 and 005 through 010.

No related permits for this project have been issued.
Staff met with the applicant and reviewed a proposed 55-lot single family
residential subdivision located at the southeast corner of Washburn Road and
03/23/16
maverick Street. Staff determined that two zoning applications and a tentative
map application would be required. No issues were noted at this meeting.
A voluntary neighborhood meeting is scheduled for 6:00 p.m. on Thursday at
05/05/2016
the YMCA at 3521 N. Durango Drive.
YK

Field Check
03/31/2016
Staff visited the site and found undeveloped raw desert. No issues were
noted.

Site Area
Net Acres
15.47
Surrounding
Property
Subject Property
North
South
Existing Land Use

Per Title 19.12
Undeveloped
Single Family,
Detached
Church/House of
Worship
Planned or Special
R (Rural Density
Residential)
U(R) [Undeveloped
(Rural Density
Residential)
R-D (Single Family
Residential-Restricted)
R (Rural Density
Residential)
PF (Public Facilities)
C-V (Civic)
Single Family,
Detached
R (Rural Density
Residential)
East
Undeveloped
West
Single Family,
Detached
L (Low Density
Residential)
R-PD3 (Residential
Planned Development
three Units per Acre)
U(R) [Undeveloped
(Rural Density
Residential)
R-D (Single Family
R-D (Single Family
Master Plan Areas

Compliance
N/A
Compliance
A-O (Airport Overlay) District 175 - Feet
Y
N*
Compliance
Trails
N/A
N/A
N/A
N/A
*A small portion along the north side of the project is within the Rural Preservation Overlay
District and the proposed density is more than the protected area.
YK

Pursuant to Title 19.06.060, the following standards apply:
Standard
Required/Allowed
Min. Lot Size
10,000 SF
Min. Lot Width
80 Feet
Min. Setbacks
Front
25 Feet
Side
5 Feet
Corner
15 Feet
Rear
30 Feet
Max. Lot Coverage
N/A
35 Feet
Mech. Equipment
Screened
Provided
10,129 SF
80 Feet
Compliance
Y
Y
25 Feet
5 Feet
15 Feet
30 Feet
N/A
35 Feet
Screened
Y
Y
Y
Y
N/A
Y
Y
The following table is based on the entire project as a whole:

Existing Zoning
Permitted Density
Units Allowed
U(R) [Undeveloped (Rural
3.59
55
Proposed Zoning
Permitted Density
Units Allowed
R-D (Single Family
3.59
55
General Plan
Permitted Density
Units Allowed
R (Rural Density Residential)
3.59
55
Street Name
Washburn Road
Maverick Street
Bronco Street
La Madre Way
Denver Street
Minor Collector Streets
Units Proposed
55
55
55
Functional
Classification of
Street(s)
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Minor Collector
Street
Planned Streets and

Highways Map
60
Residential Street
Title 19.04
47
Required
Provided
Five-foot amenity area at back
Five-foot sidewalk at
of curb and an adjacent fiveback of curb.
foot wide sidewalk.
Compliance
Y*
YK

Required
Provided
Compliance
Five-foot wide
Residential Street (Narrow Five-foot wide sidewalk at the
sidewalk at the back of
Y
Lot)
back of curb.
curb.
*The Department of Public Works has approved Deviations from the Complete Street Standards
for this infill project in order for the project to match the existing conditions of adjacent
developments.
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Two
Single Family,
55
Spaces
110
Detached
Per Lot
110
110
Y
110
0
110
0
Y
ANALYSIS
The applicant is requesting two zoning applications both of which will take parcels located on
the north and south of the project from U (Undeveloped) [R (Rural Density Residential) General
Plan Designation] to R-D (Single Family Residential-Restricted). The intent is to bring the
entire project under the same zoning designation as the parcels located between these requests.
The R-D (Single Family Residential-Restricted) is an allowed designation under the R (Rural
Density Residential) land use designation and will align with the surrounding zoning
designations. Staff supports these applications.
The proposed 55-lot subdivision is designed to seamlessly fit in with the surrounding
community. This project will not be a typically walled-in community. The homes will front
onto the existing streets with one proposed new street bisecting the project from north to south.
A Homeowners Association will be created to maintain the proposed 5,020 square feet of open
space. This space is primarily located along La Madre Way and Washburn Road as landscape
buffers. The Complete Street Standards have an approved Deviation by The Department of
Public Works for Washburn Road, La Madre Way, Maverick Street and Bronco Street. The
proposed local street, Denver Street, will meet the Complete Street Standards.
YK

The lot sizes of the proposed development range from 10,129 square feet up to 13,279 square
feet. No proposed model homes for the development were offered by the applicant. A detailed
review of the floor plans will occur during the plan check and permitting process to assure all
setback and code requirements of the R-D (Single Family Residential-Restricted) are being
provided and met.
The northern portion of the development, along Washburn Road, is located within the Rural
Preservation Overlay Buffer Area. This requires the applicant to justify any request for an
increased residential zoning development. This project, if approved, will permit smaller lots than
the protected residential areas. The applicant believes that the proposed lot sizes are similar in
size to other residential lots in the area and therefore, should be approved.
Public Works staff provided the following comment, This project will add approximately 526
trips per day on La Madre Way, Maverick Street, Jones Boulevard and Washburn Road.
Maverick Street is currently at nearly one percent of capacity, Jones Boulevard is at nearly 48
percent of capacity and Washburn Road is nearly five percent of capacity. After this project is
completed, Maverick Street will expect to be nearly five percent of capacity, Jones Boulevard
will be nearly 50 percent of capacity and Washburn Road will be nearly nine percent of capacity.
Traffic counts are not available for La Madre Way but are believed to be under capacity. Based
on Peak Hour use, this development will add about 56 additional vehicle trips, or about one
every minute.
The Clark County School District was sent a copy of this proposed residential project for review
and comments, but staff received no comments either supporting or opposing the proposal.
The submitted east/west cross sections depict maximum natural grade less than 2% across this
site. Per the Tables in Subdivision Code 19.06.050, a development with natural slopes less than
2%, is allowed a maximum four-foot retaining wall. There is one four-foot and one 1.33-foot
retaining wall interior to the site.
The submitted north/south cross section depicts maximum natural grade less than 2% across this
site. Per the Tables in Subdivision Code 19.06.050, a development with natural slopes less than
2%, is allowed a maximum four-foot retaining wall. There is one retaining wall interior to the
site and it is less than one-foot in height.
FINDINGS (ZON-63987)
In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning
Commission or City Council must affirm the following:
1.
The proposal conforms to the General Plan.
YK

The proposed Rezoning to R-D (Single Family Residential-Restricted) conforms to the

density range allowed by the existing R (Rural Density Residential) General Plan land use
designation and supports Objective 2.6., that states: to improve the amount and quality
of infill development on vacant and underutilized lands within established areas of the
city.
2.
The uses which would be allowed on the subject property by approving the rezoning
will be compatible with the surrounding land uses and zoning districts.
The detached single-family residential use proposed on the subject property is proposed at
an appropriate density with the surrounding properties and is therefore, compatible with
the density uses and zoning designations of these surrounding properties. The average lot
size for this proposed development is close to 11,000 square feet.
3.
Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
From November 2014 to November 2015 there has been an 11.4% increase in the number
of housing permits requested in the City of Las Vegas. The density and size of the lots
proposed for the property to be rezoned will resemble the development pattern of
surrounding properties. The proposed Rezoning is therefore appropriate.
4.
size to meet the requirements of the proposed zoning district.
The project is accessed from Washburn Road, Bronco Street, Maverick Street and La
Madre Way all are 60-foot wide Residential Streets with sufficient capacity for the traffic
needs of the proposed use. In addition, a proposed new 47-foot wide Local Street (Denver
Street) will bisect the site for additional access.
FINDINGS (ZON-63988)
In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning
Commission or City Council must affirm the following:
1.
The proposal conforms to the General Plan.

The proposed Rezoning to R-D (Single Family Residential-Restricted) conforms to the
density range allowed by the existing R (Rural Density Residential) General Plan land use
designation and supports Objective 2.6., that states: to improve the amount and quality
of infill development on vacant and underutilized lands within established areas of the
city.
YK

2.
The uses which would be allowed on the subject property by approving the rezoning
will be compatible with the surrounding land uses and zoning districts.
The detached single-family residential use proposed on the subject property is proposed at
an appropriate density with the surrounding properties and is therefore, compatible with
the density uses and zoning designations of these surrounding properties. The average lot
size for this proposed development is close to 11,000 square feet.
3.
Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
From November 2014 to November 2015 there has been an 11.4% increase in the number
of housing permits requested in the City of Las Vegas. The density and size of the lots
proposed for the property to be rezoned will resemble the development pattern of
surrounding properties. The proposed Rezoning is therefore appropriate.
4.
size to meet the requirements of the proposed zoning district.
The project is accessed from Washburn Road, Bronco Street, Maverick Street and La
Madre Way all are 60-foot wide Residential Streets with sufficient capacity for the traffic
needs of the proposed use. In addition, a proposed new 47-foot wide Local Street (Denver
Street) will bisect the site for additional access.
The proposed Tentative Map conforms to Nevada Revised Statues and Title 19 development
standards and is compatible with the adjacent developments; therefore, staff recommends
approval.
NOTICES MAILED
246 - ZON-63987
216 - ZON-63988
337 - TMP-63989
APPROVALS
0 - ZON-63987
0 - ZON-63988
0 - TMP-63989
PROTESTS
1 - ZON-63987
1 - ZON-63988
1 - TMP-63989
22
YK
ZON-63987
ZON-63987
ZON-63987
ZON-63987
ZON-63987
ZON-63987
ZON-63987
ZON-63987
ZON-63987
ZON-63987
ZON-63987
ZON-63987
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ZON-63987, ZON-63988 and TMP-63989 - REVISED
ZON-63987 [PRJ-63443] - REZONING RELATED TO ZON-63988 AND TMP-63989 - APPLICANT: DR

HORTON - OWNER: REMARK REVOCABLE TRUST, ET AL
SOUTHEAST CORNER OF WASHBURN ROAD AND MAVERICK STREET
03/31/16

03/31/16

03/31/16

03/31/16

03/31/16
ZON-63987, ZON-63988 and TMP-63989

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ZON-63988 - REZONING - PUBLIC HEARING - APPLICANT: DR HORTON - OWNER:
INVESTOR EQUITY HOMES, LLC, ET AL - For possible action on a request for a Rezoning
FROM: U (UNDEVELOPED) [R (RURAL DENSITY RESIDENTIAL) GENERAL PLAN
DESIGNATION] TO: R-D (SINGLE FAMILY RESIDENTIAL-RESTRICTED) on 3.92 acres
at the northeast corner of La Madre Way and Maverick Street (APN 125-35-701-010), Ward 4
(Anthony) [PRJ-63443]. Staff recommends APPROVAL.
C.C.: 6/15/2016
RECOMMENDATION:
4. Protest Postcard

paper use, backup
ZON-63988
ZON-63988
ZON-63988
ZON-63988
ZON-63988
ZON-63988
ZON-63988
ZON-63988
ZON-63988
ZON-63988
ZON-63988
ZON-63988
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DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
TMP-63989 - TENTATIVE MAP RELATED TO ZON-63987 AND ZON-63988 WASHBURN & MAVERICK - PUBLIC HEARING - APPLICANT: DR HORTON - OWNER:
INVESTOR EQUITY HOMES, LLC, ET AL - For possible action on a request for a Tentative
Map FOR A 55-LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION on 15.47 acres at the
northeast corner of La Madre Way and Maverick Street (APNs 125-35-701-001 through 003 and
005 through 010), U (Undeveloped) Zone [R (Rural Density Residential) General Plan
Designation] and R-D (Single Family Residential-Restricted) Zone [PROPOSED: R-D (Single
Family Residential-Restricted)], Ward 4 (Anthony) [PRJ-63443].
Staff recommends
APPROVAL.
C.C.: 6/15/2016
RECOMMENDATION:
4. Protest Postcard

paper use, backup
TMP-63989
TMP-63989
TMP-63989
TMP-63989
TMP-63989
TMP-63989
TMP-63989
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TMP-63989
TMP-63989
TMP-63989
TMP-63989
TMP-63989

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-63974 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: ANDREW
FRANK, ET AL - For possible action on a request for a Variance TO ALLOW NO OFFSITE
IMPROVEMENTS ALONG MELODY LANE on 0.72 acres at 3900 Melody Lane (APN 13919-802-005), R-3 (Medium Density Residential) Zone, Ward 5 (Barlow) [PRJ-63952]. Staff
RECOMMENDATION:
1. Location and Aerial Maps - VAR-63974 and SDR-63975 [PRJ-63952]
2. Conditions and Staff Report - VAR-63974 and SDR-63975 [PRJ-63952]
3. Supporting Documentation - VAR-63974 and SDR-63975 [PRJ-63952]
4. Photo(s) - VAR-63974 and SDR-63975 [PRJ-63952]
5. Justification Letter - VAR-63974 and SDR-63975 [PRJ-63952]
6. Letter from Eastland Heights Water Association - VAR-63974 and SDR-63975 [PRJ-63952]
7. Protest Postcard - VAR-63974 and SDR-63975 [PRJ-63952]
VAR-63974 and SDR-63975 [PRJ-63952]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: ANDREW FRANK, ET AL
CASE
NUMBER
VAR-63974
SDR-63975
RECOMMENDATION
REQUIRED FOR
APPROVAL
VAR-63974
** CONDITIONS **
Planning
1.
Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-63975) shall be required, if approved.
2.
Conformance to the approved conditions for Rezoning (Z-0034-69) and Rezoning (Z-004274).
3.
4.
Safety.
5.
6.
SS
VAR-63974 and SDR-63975 [PRJ-63952]

Conditions Page Two
Planning
1.

shall be required, if approved.
2.
Conformance to the approved conditions for Rezoning (Z-0034-69) and Rezoning (Z-004274).
3.
4.
All development shall be in conformance with the site plan and landscape plan date
stamped 04/25/16 and building elevations date stamped 03/24/16, except as amended by
conditions herein.
5.
A Waiver from Title 19.06.110 is hereby approved, to allow a zero-foot perimeter

landscape buffer along the Willow Trail frontage where 15 feet is required.
6.
Safety.
7.
8.

Architect, Residential Designer or Civil Engineer, must be submitted prior to or at the same
time application is made for a building permit. A permanent underground sprinkler system
is required, and shall be permanently maintained in a satisfactory manner; the landscape
plan shall include irrigation specifications. Installed landscaping shall not impede visibility
of any traffic control device. The technical landscape plan shall include the following
changes from the conceptual landscape plan:
A. Extend a minimum six-foot wide landscape buffer along the north property line
westward from the end of the proposed buffer to the side yard setback line located
five feet from the west property line. Provide one additional 24-inch box
deciduous or evergreen tree and four five-gallon shrubs in the provided buffer area;
SS
VAR-63974 and SDR-63975 [PRJ-63952]

B. Provide three additional 24-inch box shade trees at the ends of parking rows in the
proposed parking lot;
C. Provide three additional 24-inch box deciduous or evergreen trees within the
perimeter landscape buffer along the east property line;
D. Provide a minimum of four five-gallon shrubs per required tree in required
perimeter landscape buffers.
9.
10.
Public Works
11.
Grant a Public Pedestrian Access Easement for the sidewalk located outside of the public
right of way along Willow Trail prior to the issuance of permits for this site.
12.
A deviation from standards for the non-standard street section design for Willow Trail is
hereby approved as shown on the approved site plan. Any further deviations will require
separate approval from the City Engineer.
13.
Landscape and maintain all unimproved right-of-way adjacent to this site. All landscaping
and private improvements installed with this project shall be situated and maintained so as
to not create sight visibility obstructions for vehicular traffic at all development access
drives and abutting street intersections.
14.
Prior to the issuance of permits, sign a Covenant Running with Land agreement for the
possible future installation of half-street improvements per City Standards (including curb
and gutter, sidewalks, streetlighting, permanent paving and possibly fire hydrants and
sewers) on Melody Lane adjacent to this site. The Covenant agreement must be recorded
with the County Recorder and a copy of the recorded document must be provided to the
City prior to the release of this parcel map for recordation.
15.
Submit an Encroachment Agreement for landscaping and private improvements in the

Melody Lane and Willow Trail public rights of way prior to this issuance of permits for
these improvements. The applicant must carry an insurance policy for the term of the
Encroachment Agreement and add the City of Las Vegas as an additionally insured entity
on this insurance policy. If requested by the City, the applicant shall remove property
SS
VAR-63974 and SDR-63975 [PRJ-63952]

encroaching in the public right-of-way at the applicant's expense pursuant to the terms of
the City's Encroachment Agreement. The installation and maintenance of all private
improvements in the public right of way shall be the responsibility of the applicant and any
successors in interest to the property and assigns pursuant to the terms of the Encroachment
Agreement. Coordinate all requirements for the Encroachment Agreement with the Land
Development Section of the Department of Building and Safety (229-4836).
16.
Meet with the Flood Control Section of the Department of Public Works for assistance with
establishing finished floor elevations and drainage paths for this site prior to submittal of
construction plans, the issuance of any building or grading permits, whichever may occur
first. Provide and improve all drainage ways as recommended.
SS
VAR-63974 and SDR-63975 [PRJ-63952]

** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is proposing to remodel an existing single-story apartment building and construct a
new two-story apartment building where the parking lot currently exists. The existing singlefamily dwelling that is situated on the south portion of the property would be removed to provide
a new parking lot. Additional parallel parking and curbing would be provided onsite along
Willow Trail. The existing access from Willow Trail would then be removed. The apartment
complex will accommodate a maximum of 18 one-bedroom units. The area has been developed
for many years with no offsite improvements, and the aesthetics of the property would be
improved by the proposal. The hardship related to the variance is warranted, and staff
recommends approval. The addition will meet density allowances and will remain compatible
with the neighborhood. Staff recommends approval of the Site Development Plan Review,
subject to conditions. If denied, additional apartment units could not be constructed on the site.
ISSUES
A similar request was approved by the Planning Commission in 2009 but was never built; the
entitlement consequently expired in 2011.
The site contains two frontages. It previously consisted of two parcels, one containing a
single-family dwelling, the other a nine-unit apartment building; a metes and bounds legal
description was recorded after 2009 to combine the parcels.
A Variance is requested to allow no offsite improvements (sidewalk, amenity zone,
streetlights) along Melody Lane where these are required. Staff recommends approval of the
Variance.
The applicant is proposing to construct a parking area with parallel spaces along Willow
Trail, creating a nonstandard street section with landscaped areas in the right-of-way and
curbs on the interior of the site. If approved, the Department of Public Works will approve a
deviation to allow this nonstandard section.
A Waiver is required to allow a zero-foot perimeter landscape buffer along the west property
line (along Willow Trail) where 15 feet is required. Staff supports this Waiver.
A Waiver to allow a zero-foot perimeter landscape buffer along a portion of the north
property line is no longer needed, as the applicant will accept a condition of approval
requiring the minimum buffer width to be installed along the entire north side.
Staff does not support an exception to Title 19.06.040 that would allow 15 trees within
perimeter landscape buffers where 19 trees are required. Per condition of approval, the
additional trees must be provided on the technical landscape plan as required by the Unified
Development Code.
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VAR-63974 and SDR-63975 [PRJ-63952]

Staff does not support an exception of Title 19.08.110 that would allow three shade trees in
the parking lot where six trees are required. Per condition of approval, the additional trees
must be provided on the technical landscape plan as required by the Unified Development
Code.
The proposed trash enclosure is situated in such a location as to require refuse trucks to
remain on the street during pickups. The Department of Public Works does not object to
trucks accessing the trash enclosure from a residential street.
The Board of City Commissioners approved a Rezoning (Z-0034-69) from RE (Residence Estates) and C-2 (General Commercial) to R-3 (Limited
06/18/69
Multiple Residence) at the northeast corner of Melody Lane and Willow Trail.
The Planning Commission recommended approval; staff had no
recommendation. A Plot Plan was included for a proposed four-plex.
The Board of City Commissioners approved a Rezoning (Z-0042-74) from RE (Residence Estates) and C-2 (General Commercial) to R-3 (Limited
Multiple Residence) for property generally located on the east side of Willow
Trail between Melody Lane and Spring Road. A Plot Plan was included for
10/02/74
an addition of two units to an existing nine-unit apartment building. An
administrative variance (AV-0016-74) was also approved by staff to allow a
10-foot rear yard setback where 20 feet was required. The existing setback
was nonconforming, but the applicant was requesting to add onto the existing
building, which would encroach into the setback.
The Board of City Commissioners approved a Revised Plot Plan Review (Z0042-74) for a 12-unit apartment building on the east side of Willow Trail
08/06/75
between Melody Lane and Spring Road. The Planning Commission and staff
The Planning Commission approved a Site Development Plan Review (SDR34463) for the addition of a two-story, nine-unit apartment building with
Waivers of the perimeter landscape buffer standards to allow a zero-foot
08/27/09
buffer along the west perimeter where 10 feet is required and zero-foot
buffers along portions of the north and east perimeters where six feet is
required on 0.72 acres at 1774 Willow Trail and 3900 Melody Lane. Staff
recommended approval. The approval expired 08/27/11.

03/12/13
SS
VAR-63974 and SDR-63975 [PRJ-63952]


Nine multi-family residential apartments located at 1774 Willow Trail were
1961
constructed.
1975
The single-family residence located at 3900 Melody Lane was constructed.
A meeting was held with the applicant to discuss submittal requirements for a
Variance to allow no offsite improvements along Melody Lane and a Site
03/23/16
Development Plan Review for the proposed addition. The Department of
Public Works determined that Complete Streets along both Melody Lane and
Willow Trail would not be required.
Field Check
03/31/16
An existing apartment building and single-family residence in good condition

were observed.

Site Area
Net Acres
0.72
Surrounding
Property
Subject Property
North
Existing Land Use

Per Title 19.12
Multi-Family
Residential
(Apartments)
Single Family,
Detached
Two-Family
Dwellings
Church/House of
Worship
South
Single Family,
Detached
Planned or Special
M (Medium Density
Residential)
R-3 (Medium Density

Residential)
GC (General
Commercial)
C-2 (General
Commercial)
R-E (Rural Estates
Residential) Clark
County Designation
H-2 (General Highway
Frontage) Clark County
Designation
R-E (Rural Estates
Residential) Clark
County Designation
RN (Rural
Neighborhood) Clark
County Designation
SS
VAR-63974 and SDR-63975 [PRJ-63952]

Surrounding
Property
East
West
Existing Land Use

Per Title 19.12
Two-Family
Dwellings
Single Family,
Attached
(Duplex)
Multi-Family
Residential
(Fourplex)
Planned or Special
M (Medium Density
Residential)
M (Medium Density
Residential)

R-3 (Medium Density
Residential)
R-3 (Medium Density

Residential)
Master Plan Areas

Trails
Compliance
N/A
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
Pursuant to 19.06.110, the following standards apply:
Standard
Required/Allowed
Min. Lot Size
6,500 SF
Min. Lot Width
N/A
Min. Setbacks
Front
10 Feet
Side
5 Feet
20 Feet
Rear
Min. Distance Between
10 Feet
Buildings
Max. Lot Coverage
N/A
5 Stories/55 Feet
Screened, Gated, w/ a Roof
Trash Enclosure
or Trellis
Mech. Equipment
Screened
Provided
31,363 SF
89 Feet
Compliance
Y
N/A
112 Feet
5 Feet
24 Feet
Y
Y
Y
13 Feet
43 %
2 Stories/ 26 Feet
Screened, Gated, w/
a Roof or Trellis
Parapet screened
N/A
Y
Y
Y
SS
VAR-63974 and SDR-63975 [PRJ-63952]


Residential Adjacency Standards
Required/Allowed
3:1 proximity slope
78 Feet
Adjacent development matching setback
20 Feet
Trash Enclosure
50 Feet
Provided
170 Feet
170 Feet
160 Feet
Pursuant to Title 19.06, the following standards apply:

Required
Standards
Ratio
Trees
Buffer Trees:
North
1 Tree / 20 Linear Feet
6 Trees
South
1 Trees
East
12 Trees
7 Trees
West
26 Trees
Parking Area Trees
6 Trees
Min. Zone Width
North
6 Feet
South
10 Feet
East
6 Feet
West
15 Feet
Compliance
Y
Y
Y
Provided
Compliance
6 Trees
0 Trees
9 Trees
0 Trees
15 Trees
Y
N
N
N*
N
3 Trees
0 Feet
N
13 Feet
Y
6 Feet
Y
0 Feet
N
6 vinyl fence
Wall Height
on all nonY
frontages
*Trees along the west perimeter would not be required if associated buffer waiver is approved.
Street Name
Willow Trail
Melody Lane
Functional
Classification of
Street(s)
Local Street
Minor Collector
Governing Document
Title 13.12
Title 13.12
Actual
Street Width
(Feet)
55
60
Compliance
with Street
Section
Y
Y
SS
VAR-63974 and SDR-63975 [PRJ-63952]

Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
Number of
HandiHandiRatio
Regular
Regular
Units
capped
capped
Multi-Family
1.25
Residential
18 units
spaces per
23
(1 BR units)
unit
1 space
Guest Spaces
18 units
3
per 6 units
26
26
Y
24
2
24
2
Y
Waivers
Requirement
15-foot landscape buffer along
right-of-way adjacent to single
family use or zoning district
(single family attached, in this
case)
Exceptions
Requirement
24 box shade trees at the ends of
all parking rows
(6 trees required)
24 box trees within perimeter
buffers
(19 trees required)
Request
To allow a zero-foot landscape
buffer along the west perimeter
Request
Approval
To allow 3 parking lot trees
Denial
To allow 15 perimeter buffer trees
Denial
ANALYSIS
The site is not part of any special area plan. The site is subject to the requirements of the Airport
Overlay District; however, the proposed apartment building would be constructed well below the
maximum 70-foot height restriction for this area.
SS
VAR-63974 and SDR-63975 [PRJ-63952]

The addition of nine new multi-family units would increase the density of the development from
12.5 dwelling units per acre to 25.0 dwelling units per acre. The R-3 (Medium Density
Residential) District allows up to 50 dwelling units per acre, and the M (Medium Density
Residential) General Plan designation caps density at 25.49 dwelling units per acre. Therefore,
the addition would remain within current density limits and would not be out of character with
the area.
The site carries a unique circumstance where the larger residential area has been developed out
for many years without curbs, gutters, sidewalks and full streets. This area is therefore not likely
to have these amenities installed for as long as the residential character of the neighborhood
remains. Requiring half-street improvements that include these amenities would place an undue
burden on the applicant. Staff recommends approval of the requested variance.
With demolition of the existing single-family dwelling and construction of a new parking lot, site
access would shift from Willow Trail to Melody Lane. The Willow Trail right-of-way is
currently 55 feet. Rather than adding a new sidewalk adjacent to the west property line, the
applicant is proposing an onsite parking area with parallel spaces that has the appearance of onstreet parking. A new five-foot sidewalk would be constructed east of the parking spaces. A
portion of the parking row end landscape planters encroach five feet into the right-of-way. The
landscape planters are located where the sidewalk normally would be; however, because there
are no offsite improvements in the area and a curb and sidewalk are provided alongside the
parking spaces, Public Works supports a deviation of the Willow Trail street section as shown on
the submitted site plan and will require private maintenance of any landscaped areas within the
right-of-way as a condition of approval. Complete Streets as required by the Unified
Development Code have been waived adjacent to this site by Public Works pursuant to Title
19.04.010.
Staff supports the landscape waiver request to eliminate the perimeter landscape buffer along
Willow Trail, as an 11-foot buffer would still be provided onsite and it would allow for
additional parking to meet the additional demand due to the proposed new residential units. The
Unified Development Code requires a 15-foot buffer because this side of the property is located
across the street from single-family attached and two-family dwellings. However, the total
setback from the property line is 20 feet. The applicant has agreed to conditions of approval
requiring the six-foot minimum landscape buffer along the north property line to be extended
along the entire side (adjacent to the proposed trash enclosure) and the provision of additional
trees within the perimeter buffers and parking lot where required. Therefore, the waiver to allow
a zero-foot buffer on a portion of the north property line is no longer needed.
All structures are in conformance with Title 19 requirements. Carports (shade structures) will
remain six feet from property lines, where at least a three-foot setback is required. The proposed
trash enclosure is situated in such a location as to require refuse trucks to remain on the street
during pickups. The Department of Public Works does not object to trucks accessing the trash
SS
VAR-63974 and SDR-63975 [PRJ-63952]

enclosure from a residential street. The trash enclosure is not subject to residential adjacency
standards, but does require provision of screening walls, a gate, a roof or trellis and odor control.
Staff notes that residential adjacency only applies to this property insofar as it is located across
from properties to the south in unincorporated Clark County and the R-E (Residence Estates)
zoned property at 3956 Melody Lane. The proposed development conforms to all residential
adjacency requirements.
This project will add approximately 60 trips per day on Melody Lane, Willow Trail, Primrose
Path and Rancho Drive. Rancho Drive is currently at about 94 percent of capacity. With
implementation of the submitted plans, the capacity of Rancho Drive is expected to be
unchanged. Counts are not available for Melody Lane, Willow Trail or Primrose Path; however,
they are believed to be under capacity. Based on peak hour use, this development will add into
the area roughly six additional vehicles per hour, or one every 10 minutes.
The submitted elevations indicate earth tone painted stucco exteriors and flat roofs with cornices.
The new two-story building will feature stone veneer popouts from roofline to floor and a
parapet for utility screening. Units will feature patios and balconies. Access to individual units
is from the interior with offset exterior doors to the complex. All new units contain one bedroom
or a bedroom and den combination.
1.
2.
3.


resolution.
SS
VAR-63974 and SDR-63975 [PRJ-63952]

The surrounding neighborhood is entirely built out without offsite improvements such as
detached sidewalks, curbs, gutters and streetlights. Requiring full offsite improvements along
Melody Lane for this one property would constitute a hardship. The Variance request is
therefore warranted, and staff recommends approval.
1.

The addition and refacing of the existing apartment buildings and addition of a new twostory apartment building on the subject site is compatible with the adjacent residential
properties, one of which contains a house of worship.
2.
The lack of offsite street improvements requires a Variance, which staff supports due to
unique circumstances. The requested landscape buffer waiver along Willow Trail is
warranted, as a sidewalk, curb and buffer will still be provided onsite while allowing the
development to meet parking requirements. The applicant will accept a condition of
approval to provide an additional landscape buffer and plant materials. The project is
otherwise consistent with the Unified Development Code.
3.

Site access will be limited to Melody Lane, which is considered under capacity for traffic
conveyance. Circulation is logical and will not cause traffic conflicts on site or in the area.
4.
Stucco, stone veneer, metal and glass are appropriate materials for this area and will be
compatible with existing development. The landscaping materials provided will provide
shade for the uncovered portions of the parking area and additional screening from
adjacent residential properties.
SS
VAR-63974 and SDR-63975 [PRJ-63952]

5.

The submitted elevations incorporate required architectural elements, are aesthetically
pleasing and are compatible with the existing apartment building and structures on
surrounding properties.
6.
general welfare.
Site Development is subject to permits, licensing and inspection, thereby safeguarding the
public health, safety and general welfare.
NOTICES MAILED
139
APPROVALS
PROTESTS
10
SS
VAR-63974
VAR-63974
VAR-63974
VAR-63974
VAR-63974 and SDR-63975 - REVISED
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VAR-63974 [PRJ-63952] - VARIANCE RELATED TO SDR-63975 - APPLICANT/OWNER: ANDREW FRANK,

ET AL
3900 MELODY LANE
03/31/16

ET AL
3900 MELODY LANE
03/31/16

ET AL
3900 MELODY LANE
03/31/16

ET AL
3900 MELODY LANE
03/31/16

ET AL
3900 MELODY LANE
03/31/16
VAR-63974 and SDR-63975
VAR-63974 and SDR-63975
VAR-63974 and SDR-63975
VAR-63974 and SDR-63975

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SDR-63975 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-63974 - PUBLIC
HEARING - APPLICANT/OWNER: ANDREW FRANK, ET AL - For possible action on a
request for a Site Development Plan Review FOR A PROPOSED NINE-UNIT ADDITION
AND OTHER SITE IMPROVEMENTS TO AN EXISTING NINE-UNIT MULTI-FAMILY
RESIDENTIAL DEVELOPMENT AND WAIVERS TO ALLOW A ZERO-FOOT WIDE
PERIMETER LANDSCAPE BUFFER ALONG A PORTION OF THE NORTH PROPERTY
LINE WHERE SIX FEET IS REQUIRED AND ALONG THE WEST PROPERTY LINE
WHERE 15 FEET IS REQUIRED on 0.72 acres at 3900 Melody Lane (APN 139-19-802-005),
R-3 (Medium Density Residential) Zone, Ward 5 (Barlow) [PRJ-63952]. Staff recommends
APPROVAL.
RECOMMENDATION:

paper use, backup
SDR-63975
SDR-63975
SDR-63975
SDR-63975

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-63984 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: SMITH PLASTIC
SURGERY BUILDING, LLC - For possible action on a request for a Variance TO ALLOW 44
PARKING SPACES WHERE 104 PARKING SPACES ARE THE MINIMUM REQUIRED on
1.20 acres at 7650 West Sahara Avenue (APN 163-03-415-009), C-1 (Limited Commercial)
Zone, Ward 1 (Tarkanian) [PRJ-63926]. Staff recommends DENIAL.
RECOMMENDATION:
1. Location and Aerial Maps - VAR-63984 and SDR-63985 [PRJ-63926]
2. Conditions and Staff Report - VAR-63984 and SDR-63985 [PRJ-63926]
3. Supporting Documentation - VAR-63984 and SDR-63985 [PRJ-63926]
4. Photo(s) - VAR-63984 and SDR-63985 [PRJ-63926]
5. Justification Letter - VAR-63984 and SDR-63985 [PRJ-63926]
6. Protest/Support Postcards - VAR-63984 and SDR-63985 [PRJ-63926]
VAR-63984 and SDR-63985 [PRJ-63926]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: SMITH PLASTIC SURGERY
BUILDING, LLC
CASE
NUMBER
VAR-63984
SDR-63985
RECOMMENDATION
conditions:
conditions:
REQUIRED FOR
APPROVAL
VAR-63984
** CONDITIONS **
Planning
1.
Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-63985).
2.
3.
Safety.
4.
5.
except as modified herein
JB
VAR-63984 and SDR-63985 [PRJ-63926]

Conditions Page Two
Planning
1.

shall be required.
2.
Conformance to the Conditions of Approval for approved Plot Plan Review (Z-0102-96)
shall be required, if approved.
3.
4.
All development shall be in conformance with the site plan date stamped 04/07/16 and
building elevations and floor plans date stamped 03/29/16, except as amended by
conditions herein.
5.
Safety.
6.
7.
8.
Public Works
9.
Correct all Americans with Disabilities Act (ADA) deficiencies on the sidewalks and
sidewalk ramps adjacent to this site, if any, in accordance with code requirements of Title
13.56.040 to the satisfaction of the City Engineer concurrent with development of this site.
10.
An update to the previously approved Drainage Plan and Technical Drainage Study must
be submitted to and approved by the Department of Public Works prior to the issuance of
any grading or building permits, submittal of construction drawings or the submittal of a
Final Map for this site, whichever may occur first. Provide and improve all drainageways
as recommended in the approved drainage plan study.
JB
VAR-63984 and SDR-63985 [PRJ-63926]

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Variance to allow 44 parking spaces where 104 parking spaces are
required for an existing office building at 7650 West Sahara Avenue. In addition, the applicant
has proposed a Major Amendment to an approved Plot Plan Review (Z-0102-96) for a proposed
4,800 square-foot building addition and parking lot reconfiguration of the subject site for a
proposed Medical Office and Clinic use. The subject site was previously utilized as a General
Office and Financial Institution use; the proposed building additions and conversion to the
medical office and clinic use intensifies the required parking on-site. The proposed Variance is
self-imposed as the proposed development is too intense for the site to accommodate; therefore,
staff recommends denial of the requested applications.
ISSUES
A Variance is required to allow 44 parking spaces where 104 parking spaces are required.
The proposed 4,800 square-foot building additions and conversion to the medical office and
clinic use intensifies the required parking on-site, triggering the need for a Variance. Since a
Variance application is associated with the applicants request a Major Amendment to the
previously approved Plot Plan (Z-0102-96) is required per Title 19.16.100.
There are no proposed alterations to the existing perimeter landscaping; this proposal is
limited to the proposed 4,800 square-foot building addition and parking lot reconfiguration to
the subject site for a proposed Medical Office and Clinic use.
The City Council approved a request for a Rezoning and Plot Plan Review (Z0102-96) from N-U (Non-Urban) to C-1 (Limited Commercial) and P-R
(Professional Offices and Parking) for a proposed Credit Union and Offices
located on the north side of Sahara Avenue, approximately 660 feet east of
Buffalo Drive.
11/06/96
The City Council approved a request for a General Plan Amendment (GPA0046-96) from R (Rural Density Residential) to O (Office) on property
located on the south side of Via Olivero Avenue, approximately 660 feet east
of Buffalo Drive.

11/16/15
JB
VAR-63984 and SDR-63985 [PRJ-63926]


A building permit (#98003235) was issued for on-site improvements located
at 7650 West Sahara Avenue. The permit was finalized on 05/11/99.
02/13/98
A building permit (#98003236) was issued for a shell building located at 7650
West Sahara Avenue. The permit was finalized on 09/29/98.
A Pre-Application meeting was conducted with the applicant to go over the
application materials and submittal requirements for a Site Development Plan
03/22/16
Review and parking Variance for the proposed expansion of an existing
commercial building for a proposed Medical Office and Clinic use.
A neighborhood meeting is not required for this type of request, nor was one held.
Field Check
03/31/16
Staff conducted a routine site visit and found that the subject site is a well
maintained commercial development free from trash and debris.

Site Area
Net Acres
1.20
Surrounding
Property
Subject Property
Existing Land Use

Per Title 19.12
General Office
Financial Institution,
General
Planned or Special
SC (Service
Commercial)
C-1 (Limited
Commercial)
C-1 (Limited
Commercial)
C-2 (General
Commercial) Clark
County
North
General Office
SC (Service
Commercial)
South
Motor Vehicle Sales
CG (Commercial
General) Clark County
East
Undeveloped
West
Medical Office
SC (Service
Commercial)
SC (Service
Commercial)
U (Undeveloped)
C-1 (Limited
Commercial)
JB
VAR-63984 and SDR-63985 [PRJ-63926]

Master Plan Areas

Trails
Compliance
N/A
Compliance
N/A
Compliance
N/A
N/A
N/A
N/A
Standard
Required/Allowed
Min. Lot Width
100 Feet
Min. Setbacks
Front
10 Feet
Side (East)
5 Feet
Side (West)
5 Feet
20 Feet
Rear
Max. Lot Coverage
50 %
N/A
Trash Enclosure
Mech. Equipment
Screened, Gated, w/
a Roof or Trellis
Screened
Provided
166 Feet
Compliance
Y or N
67 Feet
20 Feet
78 Feet
74 Feet
19 %
42 Feet
Screened,
Gated, w/
a Roof or
Trellis
Screened
Y
Y
Y
Y
Y
Y
Pursuant to approved Plot Plan Review (Z-0102-96), the following standards apply:
Required
Provided
Standards
Ratio
Trees
Buffer Trees:
North
N/A
2 Trees
2 Trees
South
N/A
3 Trees
3 Trees
East
0 Trees
0 Trees
N/A
7 Trees
7 Trees
West
12 Trees
12 Trees
Y
Y
Compliance
Y
Y
Y
Y
Y
JB
VAR-63984 and SDR-63985 [PRJ-63926]


Required
Standards
Ratio
Trees
Parking Area Trees
6 Trees
Min. Zone Width
North
3 Feet
South
15 Feet
East
0 Feet
5 Feet
West
Wall Height
Street Name
Sahara Avenue
Functional
Classification of
Street(s)
Primary Arterial
Provided
Compliance
8 Trees
3 Feet
15 Feet
0 Feet
5 Feet
Y
Y
Y
Y
Not
Indicated
Not Indicated
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section

and Highways
150
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
1:200 up
Office,
to 2,000
Medical or
18,430 SF
104
SF, then
Dental
1:175 SF.
104
44
N
99
5
40
4
N
Percent Deviation
58%
ANALYSIS
This is a request for a Major Amendment to an approved Plot Plan Review (Z-0102-96) building
addition and parking lot reconfiguration of a proposed Medical Office and Clinic use, with a
JB
VAR-63984 and SDR-63985 [PRJ-63926]

Variance to allow 44 parking spaces where 104 parking spaces are required on 1.20 acres at 7650
West Sahara Avenue. The subject site is located within the C-1 (Limited Commercial) zoning
district. The subject site was previously utilized as an Office, other than listed and Financial
Institution use land use.
The applicant has proposed a Major Amendment to an approved Plot Plan Review (Z-0102-96)
for a proposed 4,800 square-foot building addition to an existing 13,630 square-foot commercial
building. This increase in floor area represents a 35% increase in floor area from the previously
approved Plot Plan Review (Z-0102-96). Per Title 19.16.100, a major amendment of the Plot
Plan Review is required in conjunction with the Variance for parking.
The subject site remains in compliance with the perimeter landscaping plan from previously
approved Plot Plan Review (Z-0102-96). However, the applicant has proposed to reconfigure the
existing parking lot to a clockwise one-way circulation pattern around the existing building,
which has resulted in 17 parking spaces being removed from the parking lot area.
The required parking for the Medical Office and Clinic use is 104 parking spaces after the
proposed increase in floor area, however only 44 parking spaces are provided on the subject site,
which is why a Variance for parking has been requested. The proposed Variance is self-imposed
as the proposed floor area expansion is too intense for the site to accommodate; therefore, staff
recommends denial of the project and all associated land use entitlements.
1.
2.
3.


resolution.
JB
VAR-63984 and SDR-63985 [PRJ-63926]

has created a self-imposed hardship by proposing a 4,800 square-foot increase in floor area to an
existing building for a proposed Medical Office and Clinic use which requires additional parking
on the subject site. The proposed addition and change of use would create a site with insufficient
parking and result in a 58% deviation from standard parking requirements. A less intense
development proposal would allow conformance to the Title 19 requirements. In view of the
absence of any hardships imposed by the sites physical characteristics, it is concluded that the
applicants hardship is preferential in nature, and it is thereby outside the realm of NRS Chapter
278 for granting of Variances.
1.

The proposed development of the subject site with is not consistent with surrounding
development in the area. The applicant proposed 4,800 square-foot building addition to an
existing 13,630 square-foot commercial building for a proposed Medical Office and Clinic
use. This increase in floor area represents a 35% increase in floor area from the previously
approved Plot Plan Review (Z-0102-96). The proposed addition would create a site with
insufficient parking and result in a 58% deviation from standard parking requirements.
2.
The proposed development of the subject site is consistent with the SC (Service
Commercial) General Plan designation and the development standards outlined in Title 19.
With the exception of the requested Variance to allow 44 parking spaces where 104
parking spaces are required.
3.

Primary site access is from Sahara Avenue, a 150-foot Primary Arterial, which provides
adequate capacity to serve the proposed use.
4.
JB
VAR-63984 and SDR-63985 [PRJ-63926]

The subject site remains in compliance with the landscaping plan and building materials
utilized from the previously approved Plot Plan Review (Z-0102-96).
5.

The design characteristics of the building elevations remain in conformance with the
previously approved Plot Plan Review (Z-0102-96) and are not unsightly and are
compatible with development in the area.
6.
general welfare.
The proposed building addition to the existing office building will be subject to inspections
in order to protect the public health, safety and general welfare by City staff.
NOTICES MAILED
101
APPROVALS
PROTESTS
20
JB
VAR-63984
VAR-63984
VAR-63984 and SDR-63985
VAR-63984 and SDR-63985
VAR-63984 and SDR-63985
VAR-63984 and SDR-63985
VAR-63984 and SDR-63985
VAR-63984 and SDR-63985
VAR-63984 and SDR-63985
VAR-63984 and SDR-63985
VAR-63984 [PRJ-63926] - VARIANCE RELATED TO SDR-63985 - APPLICANT/OWNER: SMITH PLASTIC

SURGERY BUILDING, LLC
7650 WEST SAHARA AVENUE
03/31/16

03/31/16

03/31/16
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VAR-63984 and SDR-63985
77

#77
#

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SDR-63985 - SITE DEVELOPMENT PLAN REVIEW RELATED TO VAR-63984 - PUBLIC
HEARING - APPLICANT/OWNER: SMITH PLASTIC SURGERY BUILDING, LLC - For
possible action on a request for a Major Amendment to a previously approved Plot Plan Review
(Z-0102-96) FOR A PROPOSED 4,800 SQUARE-FOOT BUILDING ADDITION AND
PARKING LOT RECONFIGURATION FOR A PROPOSED MEDICAL OFFICE AND
CLINIC on 1.20 acres at 7650 West Sahara Avenue (APN 163-03-415-009), C-1 (Limited
Commercial) Zone, Ward 1 (Tarkanian) [PRJ-63926]. Staff recommends DENIAL.
RECOMMENDATION:

paper use, backup
SDR-63985
SDR-63985

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-64111 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: JAMES
MCCARTHY - For possible action on a request for a Variance TO ALLOW A DEVIATION
FROM TITLE 19.08 PARKING DESIGN STANDARDS at 5310 Grand Teton Drive (APN 12512-801-012), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-63878]. Staff recommends
DENIAL.
RECOMMENDATION:
1. Request to Withdraw Without Prejudice - VAR-64111 and SUP-63981 [PRJ-63878]
2. Location and Aerial Maps - VAR-64111, SUP-63981, SUP-63982 [PRJ-63878]
3. Conditions and Staff Report - VAR-64111, SUP-63981, SUP-63982 [PRJ-63878]
4. Supporting Documentation - VAR-64111, SUP-63981, SUP-63982 [PRJ-63878]
5. Photo(s) - VAR-64111, SUP-63981, SUP-63982 [PRJ-63878]
6. Justification Letter - VAR-64111, SUP-63981, SUP-63982 [PRJ-63878]
VAR-64111, SUP-63981 and SUP-63982 [PRJ-63878]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: JAMES MCCARTHY
CASE
NUMBER
VAR-64111
SUP-63981
SUP-63982
RECOMMENDATION
REQUIRED FOR
APPROVAL

conditions:
conditions:
conditions:
VAR-64111
VAR-64111
SUP-63981
** CONDITIONS **
Planning
1.
Approval of and conformance to the Conditions of Approval for Special Use Permit (SUP63981) and Special Use Permit (SUP-63982) shall be required, if approved.
2.
3.
Safety.
4.
5.
JB

Conditions Page Two
Public Works
6.
Connect to the public sewer system in Grand Teton Drive prior to the issuance of permits
for this site. Alternatively, the applicant shall provide proof of an approved Tenant
Improvement Application for the existing temporary Individual Sewage Disposal System
(ISDS) permit from the Southern Nevada Health District, Environmental Health Division
(702-759-0660) prior to the issuance of any permits related to this Special Use Permit.
Meet with the Sanitary Sewer Planning Section of the Department of Public Works (702229-2179) to determine public sewer connection requirements for this site.
7.
Prior to the issuance of any permits for this Special Use Permit, provide written proof from
either the Las Vegas Valley Water District or the Nevada Division of Water Resources that
sufficient water is available to for the proposed use of this site.
Planning
1.
Conformance to the Conditions of Approval of Special Use Permit (SUP-63982), if

approved.
2.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Horse Corral or
Stable (Commercial) use.
3.
4.
Prior to issuance of a business license all necessary building permits shall be obtained and
final inspections shall be completed in compliance with Title 19 and all codes as required
by the Department of Building and Safety.
5.
All parking areas shall be surfaced (paved, striped and marked) to clearly define parking
spaces and handicapped parking spaces in accordance with Title 19.06.040(G)(3) and Title
19.08.110(C)(8).
6.
7.
JB

Planning
1.
Conformance to the Conditions of Approval of Special Use Permit (SUP-63981), if

approved.
2.
Conformance to all Minimum Requirements under LVMC Title 19.12 for an Animal
Keeping & Husbandry use.
3.
The Animal Keeping & Husbandry use shall be limited to a maximum of 20 horses.
4.
5.
Prior to issuance of a business license all necessary building permits shall be obtained and
final inspections shall be completed in compliance with Title 19 and all codes as required
by the Department of Building and Safety.
6.
7.
JB

** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit for a Horse Corral or Stable (Commercial) use at 5310
Grand Teton Drive. This request is the result of a code enforcement citation (#162534) for an
illegal commercial horse boarding and training business. Currently, the 1.58-acre site consists of
a 3,408 square-foot single-family residence, one riding arena, two barns and horse stalls. The
applicant is proposing the commercial horse corral to house up to 20 horses at maximum
capacity. An Animal Keeping and Husbandry (domestic animals) use is a conditional use in the
R-E (Residence Estates) zoning district. The requested use fails to meet the minimum
Conditional Use Requirements as outlined by Title 19.12 for an Animal Keeping and Husbandry
use. According to Title 19.12, no more than one cow or horse is permitted for every 7,500 square
feet of lot area. The 68,825 square-foot lot area limits the total number of cows and horses to
nine (9). The applicant is proposing 20 horses at maximum capacity, which exceeds the
maximum allowed. Additionally, the applicant has also requested a Variance to allow a deviation
from title 19.08 parking design standards. The existing neighborhood is rural in nature with
horses and livestock commonly found throughout the area; however, the number of variances
requested illustrate that there are too many animals on site. Staff finds the subject site is not
physically suitable for intensity of land use and therefore recommends denial of all three
applications.
ISSUES
A Horse Corral or Stable (Commercial) use is permissible in the R-E (Residence Estates)
zoning district with approval of a Special Use Permit.
According to Title 19.12, no more than one cow or horse is permitted for every 7,500
square feet of lot area. The 68,825 square-foot lot area limits the total number of cows
and horses to nine (9). The applicant is proposing 20 horses at maximum capacity, which
exceeds the maximum allowed. A Special Use Permit is required for an Animal Keeping
and Husbandry use that does not adhere to the minimum Conditional Use Requirements.
A Variance is required to allow a deviation from title 19.08 parking design standards; to
allow parking spaces which do not have the requires drive aisles to provide internal
circulation and vehicle movements on the subject site.
This request is the result of a Code Enforcement case (#162534), which was processed
because of a residential nuisance; running horse boarding and training business out of
residence without proper permits.
JB

The City Council approved a Petition to Annex (A-0063-64) from C-2
(General Commercial) to R-E (Residence Estates) approximately 10,365 acres
05/20/64
generally located north of Lone Mountain Road, south of Ann Road, west of
Decatur Boulevard, and east of Tenaya Way. Planning Commission and staff

12/10/15

A Code Enforcement case (#51917) was processed because a caller didn't
04/04/07
know if this property is zoned for 11 cows, 7 horses plus miniature horses and
goats at 5310 Grand Teton Drive. The case was resolved on 07/11/07.
A building permit (#134821) was issued for a pool/spa located at 5310 Grand
03/05/09
Teton Drive. The permit was finalized on 05/14/09.
A Code Enforcement case (#162534) was processed because of a residential
nuisance; running business out of residence. Horse Boarding and training
01/20/16
business being run without proper licensing at 5310 Grand Teton Drive. The
case has not been resolved.
Staff conducted a pre-application meeting with the owner to discuss an
outstanding code enforcement citation (#162534) for an illegal commercial
horse corral at 5310 Grand Teton Drive. Staff determined that a Special Use
03/17/16
Permit would be required to operate a commercial corral. In addition, a
second Special Use Permit for Animal Keeping and Husbandry would be
required for a requested 20 Horses on the subject property. The submittal
requirements for the Special Use Permits were discussed.
JB

Field Check
03/31/16
Staff conducted a routine field check and noted that the subject property had
parked vehicles and a commercial trash dumpster in the adjacent cul-de-sac
right-of-way area adjacent to the subject property.

Site Area
Net Acres
1.58
Surrounding
Property
Subject Property
North
Existing Land Use

Per Title 19.12
Single-Family
Residence
Undeveloped
Undeveloped
South
East
West
Single-Family
Residence
Single-Family
Residence
Single-Family
Residence
Planned or Special
R (Rural Density
Residential)
R (Rural Density
Residential)
R (Rural Density
Residential)
R (Rural Density
Residential)
R (Rural Density
Residential)
R (Rural Density
Residential)

Master Plan Areas

Trails
Compliance
N/A
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
JB

Street Name
Grand Teton Drive
Functional
Classification of
Street(s)
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Private Drive

and Highways
40
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Horse Corral
1 per 5
or Stable
20 Horses
4
Horses
(Commercial)
4
6
Y
1
3
5
1
Y
ANALYSIS
Currently, the 1.58-acre site consists of a 3,408 square-foot single-family residence, one riding
arena, two barns and horse stalls at 5310 Grand Teton Drive. The applicant would like to operate
a commercial horse boarding and horse training facility on the subject site. This request is the
result of a code enforcement citation (#162534) for an illegal commercial horse boarding and
training business. A Horse Corral or Stable (Commercial) use is permissible in the R-E
(Residence Estates) zoning district with approval of a Special Use Permit.
Title 19.12 defines a Horse Corral or Stable (Commercial) use as a structure for the keeping of
horses, mules or ponies which are boarded for compensation or for use in providing instructional
or recreational activities for persons other than occupants of the premises. The proposed use
meets the definition noted above, as the applicant has indicated in the submitted justification
letter, date stamped 03/24/16, to lease stalls and training areas to individuals for profit. The
applicant is proposing the commercial horse corral to house up to 20 horses at maximum
capacity. There are no Minimum Special Use Permit Requirements associated with the Horse
Corral or Stable (Commercial) use.
JB

The Animal Keeping and Husbandry use is defined by Title 19.12 as the raising, keeping and
breeding of domestic or nondomestic animals. The use must be ancillary to the principal use, but
may be conducted for commercial purposes. The use includes the keeping of animals for the
development of animal products such as meat, fur or eggs, but does not include the keeping of
animals as household pets. The proposed use meets the definition noted above, as the applicant
is requesting to house 20 horses on the subject property in conjunction with the proposed Horse
Corral or Stable (Commercial) use.
The minimum Conditional Use Requirements include:
1. With respect to domestic animals:
a. The applicant must submit to the Department, for administrative review and approval,
a site plan with notes indicating the number and types of animals to be kept or reproduced
on the premises.
The applicant has submitted a site plan and a justification letter, which details a request
to house 20 horses at maximum capacity.
b. No more than 3 sheep or goats may be kept for each 20,000 square feet of land
included in the building site.
The applicant is not proposing to house any sheep or goats on the subject site.
c. All operations and activities shall be in accordance with LVMC Title 7.
A condition of approval has been added requiring compliance with LVMC Title 7.
d. No more than one horse or cow is permitted for each 7,500 square feet of lot area.
The 68,825 square-foot subject site is permitted a total of nine (9) cows and horses. The
applicant is requesting 20 horses at maximum capacity. The proposal does not adhere to
this requirement; as such a Special Use Permit is required.
e. In the R-D Zoning District, no more than 2 horses may be stabled on building site, and
the site must have a minimum net lot size of 18,000 square feet.
This requirement is not applicable, as the subject site has a zoning designation of R-E
(Residence Estates).
f. No horse or cattle may be kept at any location south of Cheyenne Avenue.
The subject site at 5310 Grand Teton Drive is north of Cheyenne Avenue.
JB

The proposed Animal Keeping and Husbandry use does not meet condition 1d of the minimum
Conditional Use Requirements. The zoning code accommodates for the keeping of domestic
animals but places a maximum number of horses or cows to one per 7,500 square feet of lot area.
The 68,825 square-foot subject site is permitted a total of nine (9) cows and horses. As proposed,
the applicant is requesting 20 horses at maximum capacity, which exceeds the maximum
allowed. As a result a Special Use Permit is required.
According to the submitted site plan date stamped 03/24/16, the existing facility is a 1.58-acre
property consisting of a 3,408 square-foot residence, one riding arena and two large barns
capable of housing up to 20 horses. A large main arena for riding is located at the east of the
property. Visitor parking is illustrated to the west and south of the large riding arena.
Additionally, the applicant has also requested a Variance to allow a deviation from Title 19.08
parking design standards to allow parking spaces which do not have the required 24-foot drive
aisles depth behind the proposed parking spaces to provide internal circulation and vehicle
movements on the subject site.
Additionally, the Southern Nevada Health District (SNHD) has contacted the City of Las Vegas
in regards to the proposed Special Use Permit. Specifically, as designed, the submitted site plan
shows the existing Individual Septic Disposal System (ISDS) being paved over for parking.
Paving over an ISDS is a violation of SNHDs septic regulations. Additionally, the proposed use
will require additional water rights for the continued use of the existing ISDS. The applicant
shall contact the Nevada Division of Water Resources (NVDWR) to obtain any additional water
rights required for this Special Use Permit. Alternatively, the applicant can connect to the public
water system by contacting the Las Vegas Valley Water District.
Surrounding the site are existing large lot residential properties, of which a few are developed
with barns and arenas. The existing neighborhood is rural in nature with horses and cows
commonly found throughout the area. However, the number of variances that accompany this
application illustrate the site is too small to accommodate the number of animals requested. The
subject site is physically unsuitable for proposed intensity of land use and recommends denial of
all applications; however, if approved, it will be subject to conditions.
1.
2.
3.

JB


resolution.
has created a self-imposed hardship by proposing to provide parking spaces that fail to meet code
requirements. Alternatively, the applicant could reconfigure the proposed parking spaces to
conform to Title 19 requirements. In view of the absence of any hardships imposed by the sites
physical characteristics, it is concluded that the applicants hardship is preferential in nature, and
it is thereby outside the realm of NRS Chapter 278 for granting of Variances.
FINDINGS (SUP-63981) Horse Corral

1.
The proposed Horse Corral or Stable (Commercial) Use is appropriate and harmonious
with the surrounding area. The adjacent residential parcel to the west has large horserelated structures and facilities. However, the Variance required for the proposed parking
spaces design and increase in horses allowed on-site above Title 19.12 requirements
reinforce the unsuitability of the intensity of this use at this location. The use cannot be
conducted in a manner that is harmonious with the surrounding land uses.
2.
The subject site is physically suitable for the type and intensity of the land use, however,
the site is over utilized, as illustrated by the Variance required for the proposed parking
spaces design and increase in horses allowed on-site above Title 19.12 requirements.
3.
JB

The subject site has direct access to Grand Teton Drive, which is a 40-foot wide Private
Drive, as classified by the Master Plan of Streets and Highways. The street provides
adequate capacity to accommodate the use.
4.
General Plan.
Approval of this Special Use Permit will not compromise the public health safety and
general welfare of the public. The use will be subject to regular inspections and is subject
to licensing restrictions.
5.
The proposed Horse Corral or Stable (Commercial) use adheres to all Title 19
requirements.
FINDINGS (SUP-63982) Animal Keeping & Husbandry

1.
The surrounding residential community is rural in nature with horses and cows commonly
found throughout the area. The proposed Animal Keeping and Husbandry use is consistent
with the neighborhood. However, the Variance required for the proposed parking spaces
design and increase in horses allowed on-site above Title 19.12 requirements reinforce the
unsuitability of the intensity of this use at this location. The use cannot be conducted in a
manner that is harmonious with the surrounding land uses.
2.
The 1.58-acre subject site is an R-E (Residence Estates) zoned property and is not suitable
for the intensity of the proposed use as illustrated by the variance required for the proposed
parking spaces design and increase in horses on-site allowed on-site above Title 19.12
requirement.
3.
JB

The subject site has direct access to Grand Teton Drive, which is a 40-foot wide Private
Drive, as classified by the Master Plan of Streets and Highways. The street provides
adequate capacity to accommodate the use.
4.
General Plan.
Approval of this Special Use Permit will not compromise the public health safety and
general welfare of the public. The use will be subject to regular inspections and is subject
to licensing restrictions.
5.
The proposed Animal Keeping and Husbandry use does not adhere to the minimum
Conditional Use Requirements as outlined by Title 19.12. The 68,825 square-foot subject
site is permitted a total of nine (9) cows and horses. As proposed, the applicant is
requesting 20 horses at maximum capacity, which exceeds the maximum allowed. As a
result, the applicant must pursue a Special Use Permit. The proposed use complies with all
other Title 19 requirements.
20
NOTICES MAILED
178 - VAR-64111
178 - SUP-63981 and SUP-63982
APPROVALS
1 - VAR-64111
0 - SUP-63981 and SUP-63982
PROTESTS
1 - VAR-64111
1 - SUP-63981 and SUP-63982
JB
VAR-64111
VAR-64111
VAR-64111, SUP-63981 and SUP-63982 - REVISED
VAR-64111 [PRJ-63878] - VARIANCE RELATED TO SUP-63981 AND SUP-63982 - APPLICANT/OWNER:

JAMES MCCARTHY
5310 GRAND TETON DRIVE
03/31/16

JAMES MCCARTHY
03/31/16

JAMES MCCARTHY
03/31/16

JAMES MCCARTHY
03/31/16
7 7
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VAR-64111, SUP-63981 and SUP-63982

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-63981 - SPECIAL USE PERMIT RELATED TO VAR-64111 - PUBLIC HEARING APPLICANT/OWNER: JAMES MCCARTHY - For possible action on a request for a Special
Use Permit FOR A PROPOSED HORSE CORRAL OR STABLE (COMMERCIAL) USE at
5310 Grand Teton Drive (APN 125-12-801-012), R-E (Residence Estates) Zone, Ward 6 (Ross)
RECOMMENDATION:
3. Protest Postcard - SUP-63981 and SUP-63982 [PRJ-63878]

paper use, backup
SUP-63981
SUP-63981

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-63982 - SPECIAL USE PERMIT RELATED TO VAR-64111 AND SUP-63981 - PUBLIC
HEARING - APPLICANT/OWNER: JAMES MCCARTHY - For possible action on a request
for a Special Use Permit FOR A PROPOSED ANIMAL KEEPING & HUSBANDRY USE TO
ALLOW 20 DOMESTIC ANIMALS (HORSES) WHERE A MAXIMUM OF NINE
DOMESTIC ANIMALS ARE ALLOWED on 1.58 acres at 5310 Grand Teton Drive (APN 12512-801-012), R-E (Residence Estates) Zone, Ward 6 (Ross) [PRJ-63878]. Staff recommends
DENIAL.
RECOMMENDATION:

paper use, backup
SUP-63982
SUP-63982

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
VAR-63871 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: JUAN CORTEZ
CARACOZA AND IRENE DOMINGUEZ CORTEZ CARACOZA - For possible action on a
request for a Variance TO ALLOW AN EXISTING 625 SQUARE-FOOT ACCESSORY
STRUCTURE (CLASS II) [GAZEBO] IN FRONT OF THE PRIMARY STRUCTURE
WHERE SUCH IS NOT ALLOWED, TO ALLOW AN EIGHT-FOOT FRONT YARD
SETBACK WHERE 25 FEET IS REQUIRED, AND TO ALLOW AN EXISTING SIX-FOOT
SOLID RETURN WALL WHERE TWO FEET IS ALLOWED WITHIN THE FRONT YARD
on 0.34 acres at 1661 Leonard Lane (APN 138-24-814-017), R-D (Single Family ResidentialRestricted) Zone, Ward 5 (Barlow) [PRJ-63763]. Staff recommends DENIAL.
RECOMMENDATION:
4. Photo(s)
VAR-63871 [PRJ-63763]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: JUAN CORTEZ CARACOZA AND
IRENE DOMINGUEZ CORTEZ CARACOZA
CASE
NUMBER
VAR-53871
RECOMMENDATION
conditions:
REQUIRED FOR
APPROVAL
N/A
** CONDITIONS **
Planning
1.
2.
Safety.
3.
4.
RG
VAR-63871 [PRJ-63763]
** STAFF REPORT **
PROJECT DESCRIPTION
This application is for a variance request for an existing Accessory Structure (Class II) [Gazebo]
and a six-foot tall solid return wall within the front yard at 1661 Leonard Lane. The accessory
structure was partially built without obtaining the proper building permit. The structure is
located in front of the primary dwelling and is within eight feet of the front property line. In
addition, a solid return wall was constructed in 2012, with a building permit approved at twofeet. The subject property is sufficient in size to allow an accessory structure and the return wall.
The wall was constructed beyond the scope of the building permit and exceeds Title 19.06
requirements. The applicant has created a self-imposed hardship by building the structure at the
front of the primary structure and building the solid return wall beyond the height limit;
therefore, staff recommends denial. If this application is denied, the existing structure must be
removed and the existing solid wall must be lowered to the height of two feet, meeting Title
19.06 standards.
ISSUES
The Accessory Structure (Class II) [Gazebo] was constructed without a building permit and
is located within the front yard setback, which is not allowed. Staff does not support the
request.
The existing solid return wall at the southeast corner of the house to the front property line
was permitted for only two feet tall. Staff does not support an increased solid fence/wall
height.
The Planning Commission approved an Annexation [A-0018-94 (A)] on a
08/11/94
property generally located on the west side of Leonard Lane, approximately
330 feet north of Vegas Drive. Staff recommended approval.
The City Council approved a request for a Rezoning (Z-0156-94) for
reclassification of property located on the west side of Leonard Lane,
01/25/95
approximately 300 feet north of Vegas Drive, from: N-U (Non-Urban), to; RD ( Single Family Residence Restricted) and R-1 (Single Family Residence.
RG
VAR-63871 [PRJ-63763]

07/17/12

A building permit (#382177) was issued for a six-foot by 300-foot long
decorative block wall for lots 17 and 18 at 5202 Marietta Avenue (address of
12/29/00
the residential subdivision). The building permit was finaled on 01/17/01.
Lot 17 is 1661 Leonard Lane and is subject property for this variance
application.
A building permit (#216035) for a front yard wall at 1661 Leonard Lane. The
07/23/12
permit was finaled on 09/13/12
A plan check review (#311073) was submitted through the Building and
Safety Department for a Detached Structure/Cabana at 1661 Leonard Lane.
02/11/16
The review was denied because it cannot proceed until additional information
is provided and pending status is removed.
A code enforcement case (#163228) was initiated due to a large structure
02/08/16
erected on front of the residential property without permit. This case has not
yet resolved.
03/09/16
requirements for the Variance application.
A neighborhood meeting was not required, nor was one held.
Field Check
03/31/16
A field check by staff observed a partially constructed Accessory Structure

(Class II) and the solid return wall on the subject property.

Site Area
Net Acres
0.35
RG
VAR-63871 [PRJ-63763]
Surrounding
Property
Subject Property
North
South
Existing Land Use

Per Title 19.12
Single Family,
Detached
Single Family,
Detached
Single Family,
Detached
East
Single Family,
Detached
West
Single Family,
Detached
Planned or Special
R (Rural Density
Residential)
R (Rural Density
Residential)
R (Rural Density
Residential)
RN (Rural
Neighborhood Density
Residential) Clark
County
R (Rural Density
Residential)

R-D (Single-Family
R-D (Single-Family
Clark County
R-1 (Single-Family
Residential)
Master Plan Areas

A-O (Airport Overlay) District (105 feet)
Trails
Compliance
N/A
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
Pursuant to Title 19.06, the following standards apply:
Standard
Required/Allowed
Min. Lot Size
10,000 SF
Min. Lot Width
80 Feet
Accessory Structure (Class II) Min.
Setbacks:
Front
Min. Distance Between Buildings

Front Yard Wall
Provided
15,216 SF
85 Feet
Compliance
Y
Y
Not Permitted
8 Feet
10 Feet
2 Feet
10 Feet
6
Y
N
RG
VAR-63871 [PRJ-63763]
Street Name
Leonard Lane
Functional
Classification of
Street(s)
Local Street
Governing Document
N/A
Actual
Street Width
(Feet)
60
Compliance
with Street
Section
Y
ANALYSIS
The subject property contains an existing 625 square-foot Accessory Structure (Class II)
[Gazebo], which was partially constructed within the front yard setback along Leonard Lane.
The placement of the accessory structure is not permitted in the front yard setback according to
Title 19.06.065. No building permit was issued, which resulted in non-compliance of the
accessory structure placement.
A solid return wall within the front yard setback area was permitted with a height for two feet in
2012. In the plan check review of the building permit; it was determined that the return wall was
within the front yard, therefore permitted the two-foot solid wall. Upon its construction the wall
was erected beyond the two-foot height limit as permitted by the building permit review and
Title 19.06.065.
The applicant is requesting a Variance to allow the existing structure to remain in its current
location and to allow the existing solid return wall at its current height of six feet within the front
yard setback. There are no unique circumstances with this Variance request and staff
recommends denial, if approved it is subject to conditions.
1.
2.
3.


RG
VAR-63871 [PRJ-63763]
resolution.
has created a self-imposed hardship by constructing the Accessory Structure (Class II) [Gazebo]
within the front yard setback area and building the wall over the maximum height of two feet
solid wall within the front yard. Alternative to this Variance is to relocate the existing accessory
structure away from the front yard setback somewhere else in the property within the side and
rear yard setback area and to lower the existing solid return wall as approved building permit
(#216035) which would allow conformance to the Title 19 requirements. In view of the absence
of any hardships imposed by the sites physical characteristics, it is concluded that the
applicants hardship is preferential in nature, and it is thereby outside the realm of NRS Chapter
278 for granting of Variances.
NOTICES MAILED
211
APPROVALS
PROTESTS
16
RG
VAR-63871
VAR-63871
A A 7A
7 7 7
7
77
7
7
7
7 7
VAR-63871 - REVISED
7
7
7
7
77
7 7
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7 A 7
77 7
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VAR-63871 - REVISED
VAR-63871 - REVISED
VAR-63871 - REVISED
VAR-63871 - REVISED
VAR-63871 [PRJ-63763] - VARIANCE - APPLICANT/OWNER: JUAN CORTEZ CARACOZA AND IRENE

DOMINGUEZ CORTEZ CARACOZA
1661 LEONARD LANE
03/31/16

1661 LEONARD LANE
03/31/16

1661 LEONARD LANE
03/31/16

1661 LEONARD LANE
03/31/16
A 7
7 7
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7 7 7
VAR-63871 - REVISED

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-63746 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: AGELESS
ASCENSION DAY SPA - OWNER: RUGGED OAKS INVESTMENTS, LLC - For possible
action on a request for a Special Use Permit FOR A PROPOSED 2,153 SQUARE-FOOT
MASSAGE ESTABLISHMENT WITH A WAIVER TO ALLOW A DISTANCE
SEPARATION OF ZERO FEET FROM A CHURCH/HOUSE OF WORSHIP FROM A
RESIDENTIAL USE WHERE 400 FEET IS THE MINIMUM DISTANCE REQUIRED at 6006
Smoke Ranch Road (APN 138-13-401-003), C-1 (Limited Commercial) Zone, Ward 5 (Barlow)
RECOMMENDATION:
1. Location, Aerial and Special Maps
4. Photo(s)
6. Protest Postcards
SUP-63746 [PRJ-63615]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: AGELESS ASCENSION DAY SPA - OWNER:
RUGGED OAKS INVESTMENTS, LLC
CASE
NUMBER
SUP-63746
RECOMMENDATION
REQUIRED FOR
APPROVAL

conditions:
** CONDITIONS **
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Massage
Establishment use.
2.
3.
A Waiver from Title 19.12 is hereby approved, to allow a distance separation of zero feet
from a church/house of worship and from a residential use where 400 feet is the minimum
distance required.
4.
Safety.
5.
6.
JB
SUP-63746 [PRJ-63615]
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit for a proposed 2,153 square-foot Massage
Establishment at 6006 Smoke Ranch Road. The applicant currently operates a day spa business
within the proposed tenant space and would like to expand the business to include massage. The
proposed Massage Establishment would locate within an existing 14,539 square-foot commercial
development. The massage establishment use is consistent with Title 19 with the exception of
minimum distance separation requirements. Specifically, a distance separation of zero feet from
a church/house of worship and from a residential use where 400 feet is the minimum distance
required. The applicant is requesting a Waiver to address the issue. The subject location is not
compatible for the intensity of the proposed use, due to the proximity of the subject site to an
existing church/house of worship and residential property; therefore, staff recommends denial. If
denied, the use would not be permitted at the subject location.
ISSUES
Per Title 19.12, a Massage Establishment use is permissible in the C-1 (Limited
Commercial) zoning district with approval of a Special Use Permit.
A Waiver is required to allow a distance separation of zero feet from a church/house of
worship and from a residential use where 400 feet is the minimum distance required.
The City Council approved a request for a reclassification of property (Z0068-87) and Plot Plan Review from R-1 (Single Family Residential) to C-1
(Limited Commercial) for a proposed shopping center development on
09/02/87
property located on the northeast corner of Jones Boulevard and Smoke
Ranch Road. The Planning Commission recommended approval of the
request.
The Planning Department administratively approved a request for a Site
11/28/05
Development Plan review (SDR-19827) to allow a proposed 53 foot Wireless
Communication Facility, Flagpole/Monopole at 6000 Smoke Ranch Road.
Development Plan Review (SDR-28092) to allow the placement of three roof06/05/08
mounted antennas at a height of 42 feet to an existing commercial building
located at 6000 Smoke Ranch Road.
JB
SUP-63746 [PRJ-63615]

The Planning Department administratively denied a request for a Site
Development Plan Review (SDR-28845) to allow a proposed 80-foot tall
08/14/08
Wireless Communication Facility, Stealth Design (Monopine) at 6000 Smoke
Ranch Road.
The Planning Commission denied a request for a Special Use Permit (SUP30343) for a proposed 70-foot tall Wireless Communication Facility, Stealth
11/20/08
Design (Monopine) at 6000 Smoke Ranch Road. Staff recommended denial
of the request.
The Planning Department administratively denied a request for a Site
Development Plan Review (SDR-34405) for a 20-foot tall cupola extension to
an existing building for a Wireless Communication Facility, Stealth Design
located at 6000 Smoke Ranch Road.
06/25/09
Development Plan Review (SDR-34438) for the co-location of three (3)
antennas and three (3) microwave dish antennas at the 37'-5" centerline inside
an existing 53-foot tall Wireless Communication Facility, Stealth Design
(Flag Pole) located at 6002 Smoke Ranch Road.
The City Council withdrew without prejudice a request for a Special Use
Permit (SUP-35744) for a proposed 62-foot tall Wireless Communication
Facility, Stealth Design (Building Mounted) and the relocation of three
existing antennas at 6000 Smoke Ranch Road. The Planning Commission and
Staff recommended approval of the request.
01/06/10
The City Council withdrew without prejudice a request for a Variance (VAR35746) to allow a 112-foot setback where Residential Adjacency Standards
require 185 feet for a proposed Wireless Communication Facility, Stealth
Design (Building Feature Extension) at 6000 Smoke Ranch Road. The
Planning Commission and Staff recommended approval of the request.
07/03/13
A business license (#B05-99625) was issued for a Cosmetology
Establishment (Ageless Ascension Day Spa) located at 6006 Smoke Ranch
Road. The license is still active.
A business license (#G50-99626) was issued for General Retail Sales
06/04/14
(Ageless Ascension Day Spa) located at 6006 Smoke Ranch Road. The
license is still active.
A business license (#M11-99628) was issued for an Accessory Massage
Establishment (Ageless Ascension Day Spa) located at 6006 Smoke Ranch
Road. The license is still active.
JB
SUP-63746 [PRJ-63615]
Submittal requirements for a Special Use Permit application were discussed
03/01/16
with the applicant.
Field Check
03/31/16
Staff performed a routine field check and noted a well maintained commercial
development.

Site Area
Net Acres
1.83
Surrounding
Property
Existing Land Use

Per Title 19.12
Commercial
Development
Single-Family
Residential
Planned or Special
SC (Service
Commercial)
L (Low Density
Residential)
Multi-Family
Residential
M (Medium Density
Residential)
Convenience Store
SC (Service
Commercial)
C-1 (Limited
Commercial)
R-1 (Single Family
Residential)
R-PD20 (Residential
Planned Development
20 Units per Acre)
C-1 (Limited
Commercial)
Las Vegas Valley

Water District
C-V (Civic)
East
Mini-Storage
SC (Service
Commercial)
C-1 (Limited
Commercial)
West
Convenience Store
and Auto Repair
Garage, Minor
SC (Service
Commercial)
C-1 (Limited
Commercial)
Subject Property
North
South
Master Plan Areas

Compliance
N/A
JB
SUP-63746 [PRJ-63615]

Trails
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
Street Name
Functional
Classification of
Street(s)
Jones Boulevard
Major Collector
Smoke Ranch Road
Primary Arterial
Governing Document
and Highways
and Highways
Actual
Street Width
(Feet)
Compliance
with Street
Section
80
100
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Commercial
14,539 SF
1:175 SF
84
Development
84
140
Y
80
4
135
5
Y
Waivers
Requirement
The use may not be located
within 400 feet of any
church/house of worship,
school, City park, individual
care center licensed for more
than 12 children, or any parcel
zoned for residential use.
Request
To allow a distance
separation of zero feet
from a church/house of
worship and from a
residential use where
400 feet is the
minimum distance
required
Denial
JB
SUP-63746 [PRJ-63615]
ANALYSIS
This is a request for a Special Use Permit for a proposed 2,153 square-foot Massage
Establishment located at 6006 Smoke Ranch Road. The subject tenant space is located within an
existing 14,539 square-foot commercial development. The Massage Establishment use is defined
by Title 19.18 as: A facility which is occupied and used for the purpose of practicing massage
therapy as defined in LVMC Chapter 6.52. This use does not include the use accessory
massage, as defined in this Title.
The Minimum Special Use Permit Requirements for this use include:
1. The use shall comply with all applicable requirements of LVMC Title 6.
The proposed use meets this requirement, as a condition of approval has been added
requiring compliance with all applicable LVMC Title 6 requirements.
2. The use must be located on a secondary thoroughfare or larger.
The proposed use meets this requirement, as the subject site is located along Jones
Boulevard, an 80-foot Major Collector and Smoke Ranch Road, a 100-foot wide Primary
Arterial as indicated on the Master Plan of Streets and Highways
3. The use may not be located within 400 feet of any church/house of worship, school, City
park, individual care center licensed for more than 12 children, or any parcel zoned for
residential use.
The proposed use does not meet this requirement, as there is a church/house of worship
and residentially zoned properties within 400 feet of the subject site. The applicant is
requesting a Waiver to address the issue. Specifically, the applicant is requesting a
Waiver to allow a distance separation of zero feet from a church/house of worship and
from a residential use where 400 feet is the minimum distance required.
4. The use may not be located within 1,000 feet of any other massage establishment.
The proposed use meets this requirement, as there are no other massage establishments
located within 1,000 feet of the subject property.
5. The hours of operation shall be limited to the period between 6:00 a.m. and 10:00 p.m.,
unless further limited by the City Council on a case-by-case basis.
JB
SUP-63746 [PRJ-63615]
The proposed use meets this requirement, as the applicant indicates in the submitted
justification letter, date stamped 03/08/16, that the hours of operation would be Monday
through Sunday, 8:00 a.m. to 8:00 p.m.
The proposed use would be located within an established commercial development with retail
and general office uses. Other than the minimum use requirements in Title 19.12, there are no
special development requirements pertaining to this site. At this time there are no other similar
uses within the commercial development. However, the subject location is not compatible for the
intensity of the proposed use, due to the proximity of the subject site to the existing church/house
of worship and residentially zoned properties; therefore, staff recommends denial of this request.
1.
The subject tenant space consists of an established day spa business located within an
existing commercial development along with other similar and compatible uses. The
applicant is requesting a waiver of minimum distance separation requirements from an
existing church/house of worship and residentially zoned properties. As a result, the use
cannot operate harmoniously with those protected land uses located in such close
proximity to the subject site.
2.
The site contains an existing 14,539 square-foot commercial development with other retail
and general office uses. This site contains adequate parking for all uses, and the proposed
use does not generate the need for any additional parking spaces.
3.
The proposed Massage Establishment can be accessed from Jones Boulevard, a 80-foot
Major Collector and Smoke Ranch Road, a 100-foot Primary Arterial as indicated on the
Master Plan of Streets and Highways that has adequate capacity to serve the existing
development.
JB
SUP-63746 [PRJ-63615]
4.
General Plan.
The proposed Massage Establishment use will be subject to regular City and County
inspections for licensing and will therefore not compromise the public health, safety, and
general welfare or any objective of the General Plan.
5.
The proposed Massage Establishment does not adhere to minimum distance separation
requirements. The applicant is requesting a waiver of minimum distance separation
requirements from an existing church/house of worship and residentially zoned properties.
As a result, the use cannot operate harmoniously with those protected land uses located in
such close proximity to the subject site.
NOTICES MAILED
431
APPROVALS
PROTESTS
12
JB
SUP-63746
SUP-63746
SUP-63746
SUP-63746
SUP-63746 [PRJ-63615] - SPECIAL USE PERMIT - APPLICANT: AGELESS ASCENSION DAY SPA OWNER: RUGGED OAKS INVESTMENTS, LLC
6006 SMOKE RANCH ROAD
03/31/16
SUP-63746 [PRJ-63615] - SPECIAL USE PERMIT - APPLICANT: AGELESS ASCENSION DAY SPA OWNER: RUGGED OAKS INVESTMENTS, LLC
6006 SMOKE RANCH ROAD
03/31/16
SUP-63746

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SUP-63935 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/ OWNER:
YIZHAQ ROZOLYO - For possible action on a request for a Special Use Permit FOR A
PROPOSED SHORT-TERM RESIDENTIAL RENTAL USE WITH A WAIVER TO ALLOW
A 560-FOOT DISTANCE SEPARATION FROM A SIMILAR USE WHERE 660 FEET IS
REQUIRED at 557 Canosa Avenue (APN 162-03-314-023), R-1 (Single Family Residential)
Zone, Ward 3 (Coffin) [PRJ-63934]. Staff recommends DENIAL.
RECOMMENDATION:
1. Abeyance Request
2. Location, Aerial and Special Maps
5. Photo(s)
7. Protest Postcards
SUP-63935 [PRJ-63934]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/ OWNER: YIZHAQ ROZOLYO
CASE
NUMBER
SUP-63935
RECOMMENDATION
REQUIRED FOR
APPROVAL

conditions:
** CONDITIONS *
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Short-Term
Residential Rental use.
2.
3.
A Waiver from Title 19.12 is hereby approved, to allow a 560-foot distance separation
from a similar use, where 660 feet is required.
4.
Safety.
5.
6.
NE
SUP-63935 [PRJ-63934]
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit to allow a Short-Term Residential Rental use at 557
Canosa Avenue. The applicant is also requesting a Waiver to allow this use within 560 feet of a
similar use. Staff finds locating an additional Short-Term Residential Rental within 560 feet of
another Short-Term Residential Rental to be too intense for the existing residential neighborhood
and is recommending denial of this application. If denied, the applicant will not be able to offer
the residence as a Short-Term Residential Rental; and if approved, staff request the Special Use
Permit be subject to conditions.
ISSUES
Short-Term Residential Rental is a Conditional Use in the R-1 (Single Family Residential)
zoning district; however, the applicant was not able to meet Condition Number 4, which
requires a distance separation of 660 feet in between Short-Term Residential Rental uses.
Another Short-Term Residential Rental exists approximately 560 feet from the subject site.
No related relevant City actions by Planning, Fire, or Building & Safety.

06/16/15

No related building permits or business licenses.
Staff conducted a pre-application meeting where the submittal requirements
03/22/16
for a Special Use Permit were discussed.
NE
SUP-63935 [PRJ-63934]
Field Check
03/31/16
Staff conducted a routine field check where a well maintained, detached,

single family residence was observed.

Site Area
Net Acres
0.19
Surrounding
Property
Subject Property
North
South
East
West
Existing Land Use

Per Title 19.12
Single Family
Residence, Detached
Single Family
Residence, Detached
Single Family
Residence, Detached
Single Family
Residence, Detached
Single Family
Residence, Detached
Planned or Special
L (Low Density
Residential)
L (Low Density
Residential)
L (Low Density
Residential)
L (Low Density
Residential)
L (Low Density
Residential)

R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
R-1 (Single Family
Residential)
Master Plan Areas

Beverly Green / Southridge Neighborhood Plan
A-O (Airport Overlay) District 200 Feet
Trails
Compliance
Y
Compliance
Y or N
Compliance
N/A
N/A
N/A
N/A
NE
SUP-63935 [PRJ-63934]
Street Name
Canosa Avenue
Functional
Classification of
Street(s)
Local
Governing Document
Title 13
Actual
Street Width
(Feet)
50
Compliance
with Street
Section
Y
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
No additional
parking
required
Short-Term
beyond that
Residential
2,146 SF
which is
Rental
required for
the principal
use on the
site.
2
2
Y
2
0
2
0
Y
Waivers
Requirement
The use may not be located
closer than 660 feet to any other
Short-Term Residential Rental
use (measured from property
line to property line)
Request
To be located 560 feet

away from another
Short-Term Residential
Rental
Denial
ANALYSIS
The Short-Term Residential Rental use is defined as the commercial use, or the making
available for commercial use, of a residential dwelling unit for dwelling, lodging or sleeping
purposes, wherein any individual guest rents or occupies the unit for a period of less than 31
NE
SUP-63935 [PRJ-63934]
consecutive calendar days. This use does not include a Community Residence, Facility for
Transitional Living for Released Offenders, or any other facility with dwelling units that is
specifically defined in Chapter 19.18.
The subject site meets the definition of a Short-Term Residential Rental, as the applicant has
proposed to lease the three-bedroom, detached, single family residence to the public for
dwelling, lodging or sleeping purposes for less than 31 consecutive calendar days.
The Minimum Special Use Permit Requirements for this use include:
1. Requirement 1: The operator must obtain a business license to operate the use.
If this request for a Special Use Permit for a Short-Term Residential Rental use is
approved, the applicant will be required to obtain a business license for the commercial
use of the residence.
2. Requirement 2: The use must comply on an ongoing basis with all governmental
licensing and regulatory requirements, including the payment of applicable room taxes
and licensing fees.
If approved, once a business license is issued for a Short-Term Residential Rental use,
the license will be subject to regulatory requirements with annual compliance reviews to
ensure compliance.
3. Requirement 3: The use must comply with the Citys noise regulations as they apply to
residential uses.
If the proposed use violates the Citys noise regulations, neighbors, and/or members of
the public are able to file a complaint with the Department of Plannings Code
Enforcement Division. If substantiated, the violation could result in a fine, and/or loss of
business license.
4. Requirement 4: Vehicle parking associated with the use shall comply with applicable
parking regulations, and vehicles of guests and invitees shall not obstruct traffic or access
to other properties in the area.
If the parking regulations are violated, neighbors, and/or members of the public may file
a complaint with the Las Vegas Metropolitan Police Department, or the Department of
Plannings Business License Division for non-compliance with business licensing
requirements.
NE
SUP-63935 [PRJ-63934]
5. Requirement 5: In addition to and independent of any enforcement authority or remedy

described in this Title, the failure to comply with a Minimum Special Use Permit
Requirement or other condition of approval associated with this use may be enforced as
in the case of a violation of Title 6 by means of a civil proceeding pursuant to LVMC
6.02.400 to 6.02.460, inclusive.
If approved, and a business license is issued, the subject site will be subject to an annual
review for compliance by the Department of Plannings Business Licensing Division.
6. Requirement 6: The use may not be located closer than 660 feet to any other Short-Term
Residential Rental use (measured from property line to property line).
The subject site was unable to satisfy this condition, and a Waiver has been requested by
the applicant to allow for a 560-foot distance separation between similar uses where 660
feet is required.
7. Requirement 7: The maximum occupancy of the residential dwelling unit shall not
exceed the limits provided for in LVMC 6.75.090.
If approved, and a business license is issued, the subject site will be subject to regular
inspections by the Department of Plannings Business Licensing Division ensuring
compliance with Short-Term Residential Rental use regulations.
Staff finds the proposed Short-Term Residential Rental use at 557 Canosa Avenue to not be
compatible with the existing residential neighborhood as there is a similar use actively licensed
at 1824 Rexford Drive, approximately 560 feet away from the subject property. In addition, there
are two additional Short-Term Residential Rentals within the immediate area. 1900 Rexford
Drive is located approximately 570 feet away from the subject site and also holds an active
Short-Term Residential Rental use business license; in addition to 545 East St. Louis Avenue,
located approximately 630 feet away from the subject site. This location also holds an active
business license for a Short-Term Residential Rental use. Staff finds the immediate area within
the 660-foot radius of the subject site to already be saturated with Short-Term Residential Rental
uses and is recommending denial of this application. If approved, subject to conditions.
NE
SUP-63935 [PRJ-63934]
1.
The proposed land use cannot be conducted in a manner that is harmonious and
compatible with the existing surrounding land uses due to the Waiver request for a 560foot distance separation from a similar use. If approved, it will set precedents that would
allow other Short-Term Residential Rental uses to proliferate and change the character of
the residential neighborhood.
2.
The subject site is not physically suitable for the type and intensity of land use proposed as
there is another Short-Term Residential Rental use approximately 560 feet away.
3.
The subject site is currently accessed by Canosa Avenue, a 50-foot wide local street.
4.
General Plan.
If approved, the Special Use Permit will be subject to conditions, and the applicant will be
required to obtain a City business license, which is also subject to inspection.
5.
The proposed use does not meet all of the applicable conditions of approval as
demonstrated by the Waiver request to be located within 560 feet of a similar use.
NOTICES MAILED
293
APPROVALS
PROTESTS
30
NE
SUP-63935
SUP-63935
SUP-63935
SUP-63935
SUP-63935
SUP-63935
SUP-63935
SUP-63935 [PRJ-63934] - SPECIAL USE PERMIT - APPLICANT/ OWNER: YIZHAQ ROZOLYO

557 CANOSA AVENUE
03/31/16
SUP-63935
SUP-63935

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SDR-63197 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING APPLICANT/OWNER: OWENS STAR LLC - For possible action on a request for a Site
Development Plan Review FOR A WAIVER TO ALLOW A ZERO-FOOT LANDSCAPE
BUFFER WHERE EIGHT FEET IS REQUIRED ALONG A PORTION OF THE SOUTHERN
PROPERTY LINE at 3955 East Owens Avenue (APN 140-30-102-006), C-1 (Limited
Commercial) Zone, Ward 5 (Barlow) [PRJ-62923]. Staff recommends DENIAL.
RECOMMENDATION:
4. Photo(s)
SDR-63197 [PRJ-62923]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: OWENS STAR LLC
CASE
NUMBER
SDR-63197
RECOMMENDATION
REQUIRED FOR
APPROVAL

conditions:
** CONDITIONS **
Planning
1.
Conformance to the Conditions of Approval for Site Development Plan Review [Z-5701(1)] shall be required, except as amended herein if approved.
2.
3.
All development shall be in conformance with the landscape plan, date stamped April 25,
2016, except as amended by conditions herein.
4.
All trash, debris, and weeds shall be removed within 30 days of approval and permanently
maintained thereafter.
5.
Ground cover shall be installed in accordance with Title 19.08 within 30 days of approval.
6.
The gates on the trash enclosure shall be replaced and the graffiti removed within 30 days
of approval. Trash receptacles shall be kept within the trash enclosure at all times.
7.
The shopping center shall be kept free of graffiti and liter at all times.
NE
SDR-63197 [PRJ-62923]
Conditions Page Two
8.
Safety.
9.
10.

Architect, Residential Designer or Civil Engineer, must be submitted to the Department of
Planning within 90 days of approval. A permanent underground sprinkler system is
required, and shall be permanently maintained in a satisfactory manner; the landscape plan
shall include irrigation specifications. Landscaping shall not impede visibility of any
traffic control device. The technical landscape plan shall demonstrate the existing
conditions approved herein.
11.
NE
SDR-63197 [PRJ-62923]
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Site Development Plan Review with a Waiver to allow for a zero-foot
landscape buffer along a portion of the southern property line where eight feet is required; and an
Exception to allow 35 trees with 47 shrubs where 72 trees with 288 shrubs are required. Staff
finds the lack of landscape materials do not provide adequate buffering between the adjacent
residential land use to the south and the existing shopping center and is recommending denial of
the Waiver request; in addition, the lack of landscape materials in the remaining parking lot and
landscape buffer areas is undesirable and do not provide for an aesthetically pleasing
environment for the patrons and surrounding existing and future development and recommend
denial of the Exception request as well. If approved, the existing landscape materials will remain
with no additional landscaping materials to be provided. If denied, the applicant will be required
to restore the landscaping in accordance with approved Landscape Plan date stamped February 5,
2005.
ISSUES
A Waiver is required to allow for a zero-foot landscape buffer along a portion of the southern
property line where eight feet is required.
An Exception is required to allow 35 trees with 47 shrubs where 72 trees with 288 shrubs are
required.
The City Council approved a request for a Rezoning (Z-57-01) from R-1
(Single Family Residential) under Resolution of Intent to O (Office) to C-1
11/21/01
(Limited Commercial) on 3.13 acres adjacent to the southwest corner of
Owens Avenue and Sandhill Road. The Planning Commission recommended
approval.
The City Council approved an appeal of a request for a Site Development
Plan Review [Z-57-01(1)] and a reduction in the amount of Required
04/17/02
Perimeter Landscaping for a proposed 27,400 square-foot Commercial Center
on 3.13 acres adjacent to the southwest corner of Owens Avenue and Sandhill
Road. The Planning Commission recommended approval.
NE
SDR-63197 [PRJ-62923]

The City Council approved a request for an Extension of Time (EOT-3281) of
an approved Rezoning (Z-57-01) from R-1 (Single Family Residence) under
01/07/04
Resolution of Intent to O (Office) to N-S (Neighborhood Services) on 3.13
acres adjacent to the southwest corner of Owens Avenue and Sandhill Road.
Code Enforcement processed a complaint (#9306) for construction beginning
01/29/04
too early in the morning at 3955 East Owens Avenue. The case was resolved
on 02/04/04.
Code Enforcement processed a complaint (#24462) for construction debris at
12/13/04
3965 East Owens Avenue. The case was resolved on 02/14/05.
Code Enforcement processed a complaint (#25937) for valentines vending
02/12/05
without a license at 3965 East Owens Avenue. The case was resolved on
02/13/05.
The City Council approved a request for a Rezoning (ZON-8432) from N-S
(Neighborhood Service to C-1 (Limited Commercial) on 2.38 acres adjacent
to the southwest corner of Sandhill Road and Owens Avenue. The Planning
10/19/05
The City Council approved a request for a Special Use Permit (SUP-8433) for
a proposed Liquor Establishment (On-Sale/Off-Sale/On-Off-Sale) within an
existing market adjacent to the southwest corner of north Sandhill Road and
Owens Avenue. The Planning Commission and Staff recommended approval.
The City Council approved a request for a Variance (VAR-11644) to allow
128 parking spaces where 143 parking spaces is the minimum number
required on 2.27 acres at 3955 East Owens Avenue. The Planning
Commission recommended approval, staff recommended denial.
04/05/06
The City Council approved a request for a Master Sign Plan (MSP-11643) for
a commercial development on 2.26 acres at 3965 East Owens Avenue. The
Planning Commission and staff recommended approval.
for a Financial Institution, Specified and a Waiver of the 200-foot distance
04/19/06
separation requirement from a residential use at 3965 East Owens Avenue.
The City Council approved a Required Six Month Review (RQR-13859) of
an approved Special Use Permit (SUP-8433) that allowed a Liquor
07/12/06
Establishment (On-Sale/Off-Sale/On-Off-Sale) within an existing market at
3965 East Owens Avenue.
Code Enforcement processed a complaint (#46227) for selling food and cars
09/13/06
in the parking lot at 3975 East Owens Avenue. The case was resolved on
09/14/06.
Code Enforcement processed a complaint (#47346) for graffiti on the building
10/24/06
at 3955 East Owens Avenue. The case was resolved on 11/06/06.
NE
SDR-63197 [PRJ-62923]

(SDR-18644) for a proposed ice vending kiosk within an existing shopping
02/21/07
center on 2.26 acres at 3975 East Owens Avenue. The Planning Commission
Code Enforcement processed a complaint (#53582) for non-permitted signs at
05/23/07
3955 East Owens Avenue. The case was resolved on 06/20/07.
The City Council approved a request for a Review of Condition (ROC-26440)
to remove Condition Number 7 of an approved Special Use Permit (SUP8433) which prohibited the sale of individual containers of any size of beer,
wine coolers, or screw cap wine, that all such products shall remain in their
03/05/08
original configurations as shipped by the manufacturer, and that no
repackaging of containers into groups smaller than the original shipping
container size shall be permitted at 3965 East Owens Avenue. Staff
recommended denial.
Code Enforcement processed a complaint (#74139) for a partially boarded
01/30/09
vacant building and graffiti on the windows at 3975 East Owens Avenue. The
case was resolved on 02/13/09.
Code Enforcement processed a complaint (#76263) for high weeds and
03/30/09
graffiti at 3975 East Owens Avenue. The case was resolved on 04/08/09.
Staff administratively approved an Administrative Required Review (RQR34325) of a previously approved Review of Condition (ROC-26440) to
remove Condition Number 7 of an approved Special Use Permit (SUP-8433)
which prohibited the sale of individual containers of any size of beer, wine
06/11/09
coolers, or screw cap wine, that all such products shall remain in their original
configurations as shipped by the manufacturer, and that no repackaging of
containers into groups smaller than the original shipping container size shall
be permitted at 3965 East Owens Avenue. Staff recommended approval.
Code Enforcement processed a complaint (#83328) for graffiti on the building
10/19/09
at 3955 East Owens Avenue. The case was resolved on 10/24/09.
Code Enforcement processed a complaint (#87627) for graffiti on the front
03/22/10
and back of buildings at 3955 East Owens Avenue. The case was resolved on
04/10/10.
Code Enforcement processed a complaint (#93652) for open air vendors on a
08/14/10
vacant lot at 3955 East Owens Avenue. The case was resolved on 01/08/11.
Code Enforcement processed a complaint (#101545) for graffiti on the
05/05/11
building at 3955 East Owens Avenue. The case was resolved on 05/10/11.
Code Enforcement processed a complaint (#108011) that the shopping center
is in need of parking lot striping, landscape repair, and the removal of illegal
signs at 3955 East Owens Avenue. The case was resolved on 01/26/12.
11/22/11
Code Enforcement processed a complaint (#108013) that the shopping center
is in need of parking lot striping, landscape repair, and the removal of illegal
signs at 3975 East Owens Avenue. The case was resolved on 01/26/12.
NE
SDR-63197 [PRJ-62923]

Code Enforcement processed a complaint (#119958) for a water leak
09/20/12
damaging surrounding properties at 3955 East Owens Avenue. The case was
resolved on 09/26/12.
03/27/13
buildings at 3965 East Owens Avenue. The case was resolved on 04/08/13.
05/23/13
Code Enforcement processed a complaint (#131085) for a trash and debris
outside the dumpsters, dumpsters too small for amount of trash generated,
07/17/13
graffiti on buildings, and banners at 3975 East Owens Avenue. The case was
resolved on 08/13/13.
11/25/14
Code Enforcement processed a complaint (#150263) for overall code
violations in the shopping center at 3965 East Owens Avenue. The case is
currently open.
02/04/15
currently open.
currently open.
Code Enforcement processed a complaint (#158754) for vacant/available
08/25/15
buildings and suites being open and not secured at 3955 East Owens Avenue.
The case was resolved on 08/26/15.
Code Enforcement processed a complaint (#159739) for a water leak and
09/24/15
open sewer line clean out at 3955 East Owens Avenue. The case was resolved
on 11/12/15.
03/24/16

03/24/03
NE
SDR-63197 [PRJ-62923]

A building permit (#4000795) was issued for onsite improvements and
hardscapes at 3965 East Owens Avenue. The permit expired on 07/17/04.
01/14/04
A building permit (#4000796) was issued for a shell building at 3965 East
Owens Avenue. The permit expired on 05/07/05.
A building permit (#26131) was issued for a trash enclosure at 3965 East
08/30/04
A building permit (#728174) was issued for onsite improvements at 3955 East
05/20/05
Owens Avenue. The permit received its final inspection on 01/27/06.
A building permit (#5006880) was issued for onsite improvements and
hardscapes at 3975 East Owens Avenue. The permit expired on 04/29/06.
10/03/05
Owens Avenue. The permit received its final inspection on 08/09/06.
A building permit (#59544) was issued for a trash enclosure at 3975 East
02/10/06
A business license (C05-02462) was issued for a Tobacco Dealer at 3955 East
04/13/06
Owens Avenue, Suite 140. The license is active.
A building permit (#7001676) was issued for a pre-manufactured kiosk at
05/18/07
3959 East Owens Avenue. The permit received its final inspection on
11/29/07.
A business license (G63-01817) was issued for a Convenience Store at 3955
East Owens Avenue, Suite 160. The license is active.
03/12/15
A business license (G63-01818) was issued for a Wire Service at 3955 East
A business license (P63-00165) was issued for a Smoke Shop at 3955 East
04/27/15
Staff conducted a pre-application meeting where the submittal requirements
12/17/16
for a Site Development Plan Review were discussed.
NE
SDR-63197 [PRJ-62923]
Field Check
03/31/16
During a routine field check performed by staff, portions of the landscape

buffer were missing the required trees, shrubs and ground cover. Some of
these areas had also become overcome with weeds. The shopping center itself
had litter and trash throughout; the trash receptacle was not within the trash
enclosure and was overflowing with trash; the trash enclosure was missing the
gates and had been defaced with graffiti; and non-permitted banners were also
observed. The above mentioned concerns are part of current Code
Enforcement case numbers 150263, 150264, and 150272, and will addressed
accordingly at the conclusion of this application. In addition, staff has added
conditions of approval to ensure the above mentioned concerns are addressed
if this application is approved.

Site Area
Net Acres
2.26
Surrounding
Property
Subject Property
Existing Land Use

Per Title 19.12
Shopping Center
Planned or Special
SC (Service
Commercial)

C-1 (Limited
Commercial)
R-4 [Multiple-Family
Residential District (High
Density)] Clark County,
Nevada
R-PD17 (Residential
Planned Development
17 Units Per Acre)
North
Vacant Lot
RUC (Residential Urban

Center) Clark County,
Nevada
South
Multi-Family
Residential
M (Medium Density
Residential)
East
Vacant Lot
M (Medium Density
Residential)
West
Drainage Channel
(Wash)
R-1 (Single Family

Residential)
Master Plan Areas

Compliance
N/A
Compliance
N/A
NE
SDR-63197 [PRJ-62923]

Trails
Compliance
N/A
N/A
N/A
N/A
Pursuant to Landscape Plan date stamped 02/28/05 (Exhibit 1), the following standards apply:
Required
Provided
Compliance
Standards
Trees
Buffer Trees:
North
26 Trees
19 Trees
N*
South
24 Trees
5 Trees
N*
East
6 Trees
4 Trees
N*
2 Trees
Zero Trees
N*
West
58 Trees
28 Trees
N*
Per approved Landscape
Parking Area Trees
14 Trees
7 Trees
N*
Plan date stamped 02/28/05.
Min. Zone Width
8 Feet
Zero Feet
N**
South
*The applicant is requesting an Exception for a reduced amount of trees and shrubs.
**The applicant is requesting a Waiver to allow for a zero-foot landscape buffer along a portion
of the southern property line where eight feet is required.
Street Name
Functional
Classification of
Street(s)
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Owens Avenue
Primary Arterial

and Highways
100
Waivers
Requirement
Request
Zero-foot landscape
Eight-foot landscape buffer
buffer along a portion
along the southern property line. of the southern
property line.
Denial
NE
SDR-63197 [PRJ-62923]
Exceptions
Requirement
Request
A Total of 72 Trees with 4
Shrubs for each Tree (288
35 Trees and 47 Shrubs
Shrubs) within the Landscape
Buffers and Parking Lot Islands.
Denial
ANALYSIS
The applicant is requesting a Site Development Plan Review to reduce the required number of
trees and shrubs in the landscape buffer areas and the parking lot from 72 trees with 288 shrubs
to 35 trees with 47 shrubs; and a Waiver to allow for a Zero-foot landscape along a portion of the
south property line where eight feet is required.
In accordance with Site Development Plan Review [Z-0057-01(1)], the applicant was required to
submit a revised Landscape Plan at the same time application was made for a building permit.
Exhibit 1 demonstrates the Landscape Plan submitted to the Department of Planning and
approved on February 5, 2005.
Over time, the landscape materials in the shopping centers landscape buffer areas and parking
lot areas have been reduced significantly without being replaced as necessary. In addition, the
eight-foot landscape buffer located along the south property line behind the centrally located
building in the shopping center has been removed and replaced with concrete. As expressed in
the justification letter, the applicant is requesting to keep the landscaping as is for security and
visibility reasons, and to retain easy access for emergency doors to the rear of the centrally
located building within the shopping center.
Staff finds the lack of landscape materials along the south property line do not provide adequate
buffering between the adjacent residential land use to the south and the existing shopping center.
In addition, the lack of landscape materials in the remaining parking lot and landscape buffer
areas is undesirable and does not provide for an aesthetically pleasing environment for the
patrons and surrounding existing and future development in the area. Through proper care and
maintenance, trees and shrubs do not create a security risk and provide adjacent residential
neighborhoods an adequate buffer from errant sound and light; for these reasons, staff
recommends denial of both the requested Waiver for a zero-foot landscape buffer along a portion
of the south property line, and the requested Exception to reduce the required amount of
landscape material from 72 trees and 288 shrubs, to 35 trees with 45 shrubs. If approved, the
existing landscape materials will remain with no additional landscaping materials being
provided. If denied, the applicant will be required to restore the landscaping in accordance with
approved Landscape Plan date stamped February 5, 2005.
NE
SDR-63197 [PRJ-62923]
1.

This is an existing shopping center adjacent to existing residential. The lack of landscape
materials do not provide adequate buffering between the residential and commercial land
use, and is not compatible with adjacent development in the area.
2.
The proposed lack of required landscape materials is not consistent with Title 19s
Landscape Standards.
3.

Site access and circulation are existing, and are not part of this Site Development Plan
Review.
4.
The existing landscape materials are appropriate for a desert climate.
5.

This is an existing shopping center and the building elevations are not being evaluated at
this time, but the lack of perimeter and parking lot landscaping is undesirable and does not
create an aesthetically pleasing environment.
6.
general welfare.
The lack of required landscape buffers and materials do not aid in the general welfare of
the public. Landscape buffers aid in protecting residential neighborhoods from errant
commercial noise and lighting.
NE
SDR-63197 [PRJ-62923]
Staff Report Page Ten
NOTICES MAILED
481
APPROVALS
PROTESTS
19
NE
SDR-63197
SDR-63197
SDR-63197 - REVISED
SDR-63197 - REVISED
SDR-63197 [PRJ-63923] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT/OWNER: OWENS STAR LLC
3955 EAST OWENS AVENUE
03/31/16
03/31/16
03/31/16
03/31/16
03/31/16
03/31/16
03/31/16
SDR-63197

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
SDR-63986 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING - APPLICANT:
JARED BONNELL - OWNER: 1337 RE GROUP, LLC - For possible action on a request for a
Site Development Plan Review FOR A PROPOSED 7,030 SQUARE-FOOT COMMERCIAL
BUILDING WITH WAIVERS OF THE DOWNTOWN CENTENNIAL PLAN PARKING LOT
AND ARCHITECTURAL DESIGN REQUIREMENTS on 0.40 acres at 251 East Charleston
Boulevard (APN 139-34-410-257), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ63949]. Staff recommends APPROVAL.
RECOMMENDATION:
4. Photo(s)
6. Support Postcards
SDR-63986 [PRJ-63949]

DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT: JARED BONNELL - OWNER: 1337 RE GROUP,
LLC
CASE
NUMBER
SDR-63986
RECOMMENDATION
REQUIRED FOR
APPROVAL
** CONDITIONS **
Planning
1.
2.
All development shall be in conformance with the site plan date stamped 04/26/16,
building elevations date stamped 04/20/16, wall and fence elevations date stamped
03/24/16, except as amended by conditions herein.
3.
A Waiver from Las Vegas Downtown Centennial Plan Architectural Design standards is
hereby approved, to allow no arcades, awnings, canopies and other shade devices.
4.
A Waiver from Las Vegas Downtown Centennial Plan Parking Lot Design standards is
hereby approved, to allow one shade tree where three shade trees are required.
5.
Safety.
6.
JB
SDR-63986 [PRJ-63949]
Conditions Page Two
7.
8.
9.
Per the Downtown Centennial Plan threshold document any streetscape not implemented
due to existing conditions will require a covenant running with the land to obtain property
owners consent for future improvements.
10.
Public Works
11.
Grant a 5-foot Public Pedestrian Access Easement along Charleston Boulevard adjacent to
this site prior to the issuance of permits for this site.
12.
Correct all Americans with Disabilities Act (ADA) deficiencies on the sidewalk and the
proposed driveways adjacent to this site in accordance with code requirements of Title
13.56.040 to the satisfaction of the City Engineer concurrent with development of this site.
All existing paving damaged or removed by this development shall be restored at its
13.
Contact the Sanitary Sewer Planning Section of the Department of Public Works at 702229-2179 to determine an acceptable point of connection to sanitary sewer system.
Comply with the recommendations of the Sanitary Sewer Planning Section.
14.
Landscape and maintain all unimproved rights-of-way on Casino Center Boulevard,

Charleston Boulevard and Third Street adjacent to this site. All landscaping and private
improvements installed with this project shall be situated and maintained so as to not create
sight visibility obstructions for vehicular traffic at all development access drives and
abutting street intersections.
15.
Prior to the approval of Construction drawings for this site, sign a Covenant Running with
Land agreement for the possible future installation of off-site improvements on Charleston
Boulevard per requirements of the Downtown Centennial Plan that are deferred by this
action including undergrounding of all existing overhead utility lines adjacent to this site
not placed underground with this development. The Covenant agreement must be recorded
with the County Recorder and a copy of the recorded document must be provided to the
City prior to the issuance of building permits for this site.
JB
SDR-63986 [PRJ-63949]
16.
Submit an Encroachment Agreement for landscaping and private improvements in the

Casino Center Boulevard and Third Street public rights-of-way prior to this issuance of
permits for these improvements. The applicant must carry an insurance policy for the term
of the Encroachment Agreement and add the City of Las Vegas as an additionally insured
entity on this insurance policy. If requested by the City, the applicant shall remove property
encroaching in the public right-of-way at the applicant's expense pursuant to the terms of
the City's Encroachment Agreement. The installation and maintenance of all private
improvements in the public right-ofway shall be the responsibility of the applicant and
any successors in interest to the property and assigns pursuant to the terms of the
Encroachment Agreement. Coordinate all requirements for the Encroachment Agreement
with the Land Development Section of the Department of Building and Safety (229-4836).
17.
Obtain an Occupancy Permit from the Nevada Department of Transportation (NDOT) for
all private improvements in the Charleston Boulevard public right-of-way, if any, adjacent
to this site prior to constructing any improvements within NDOT jurisdiction.
18.
Contact the City Engineers Office at 702-229-6272 to coordinate the development of this
project with the Downtown Pedestrian Improvements 3rd Street, Charleston Boulevard to
Fremont Street project and any other public improvement projects adjacent to this site.
Comply with the recommendations of the City Engineer.
19.
Meet with the Flood Control Section of the Department of Public Works for assistance with
establishing finished floor elevations and drainage paths for this site prior to submittal of
construction plans, the issuance of any building or grading permits or the submittal of a
map for this site, whichever may occur first. Provide and improve all drainage ways as
recommended.
JB
SDR-63986 [PRJ-63949]
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Site Development Plan Review for a proposed 7,030 square-foot retail
building at 251 East Charleston Boulevard. The applicant has requested Waivers of Downtown
Centennial Plan architectural and parking lot design standards to allow no arcades, awnings,
canopies, and other shade devices and interior parking lot landscaping. Staff has determined the
proposed project is compatible with surrounding development in the area, and the requested
architectural and parking lot design Waivers will have a minimal negative impact to the
surrounding commercial development. Therefore, staff is recommends approval of this project
with conditions.
ISSUES
The applicant has requested a Waiver from the Las Vegas Downtown Centennial Plan
architectural design standards, to allow no arcades, awnings, canopies, and other shade
devices where such are required.
The applicant has requested a Waiver from the Las Vegas Downtown Centennial Plan
parking lot design standards, to allow one shade tree where three shade trees are required.
The City Council approved a Rezoning (Z-0100-64) to reclassify property,
including the subject parcel, in the area generally bounded by Main Street,
12/16/64
Bonanza Road, Las Vegas Boulevard and Charleston Boulevard from R-1
(Single Family Residential), R-4 (High Density Residential), C-1 (Limited
Commercial) and C-V (Civic) to C-2 (General Commercial).
The City Council approved a request to Withdraw Without Prejudice a
Special Use Permit (U-0042-94) application to allow a Class III Secondhand
04/20/94
Dealership on the subject property. The Board of Zoning Adjustment
recommended approval of the Special Use Permit on 03/22/94.
The City Council approved a Variance (V-0042-94) to allow Secondhand
05/18/94
Sales where such use was not permitted. The Board of Zoning Adjustment
recommended approval of the request on 04/26/94.
JB
SDR-63986 [PRJ-63949]

(SDR-6111) for a proposed 28-story Mixed Use Development consisting of
159 residential condominium units and 7,000 square feet of commercial/retail
05/04/05
space, with Waivers from the Downtown Centennial Plan Streetscape, buildto-line and building stepback requirements at 1026 and 1036 South 3rd Street.
The Planning Commission and Staff recommended approval of the request.
The Planning Commission approved a request for a Tentative Map (TMP12/01/05
9880) for a 160-unit Mixed-Use Condominium Development at 1026 and
1036 South 3rd Street. Staff recommended approval of the request.

09/20/12

There are no applicable building permits and licenses for the subject site.
A Pre-Application meeting was conducted with the applicant to go over the
03/23/16
application materials and submittal requirements for a Site Development Plan
Review for a proposed General Retail development.
A neighborhood meeting is not required for this type of request, nor was one held.
Field Check
03/31/16
Staff conducted a routine site visit a found the subject site to be an

undeveloped parcel with high weeds and debris scattered throughout the
subject site. Also, there is an existing chain link fence located on a portion of
the south perimeter of the site adjacent to Charleston Boulevard with multiple
campaign signs attached to the fence.

Site Area
Net Acres
0.40
JB
SDR-63986 [PRJ-63949]
Surrounding
Property
Existing Land Use

Per Title 19.12
Planned or Special
MXU (Mixed Use)
Subject Property
Undeveloped
C (Commercial)
North
South
East
West
Duplex
Office, Other than
Listed
General Retail
Multi-Family
Residential
Undeveloped
MXU (Mixed Use)

C (Commercial)
C (Commercial)
C (Commercial)

C-2 (General
Commercial)
C-2 (General
Commercial)
R-4 (High Density
Residential)
C-1 (Limited
Commercial)
C-2 (General
Commercial)
C-2 (General
Commercial)
Master Plan Areas

Compliance
Downtown Centennial Plan (18b Las Vegas Arts District)
N*
Compliance
Downtown Centennial Plan Overlay District (18b Las Vegas Arts District)
N*
Live/Work Overlay District
Y
Compliance
Trails
N/A
Y
N/A
N/A
*Applicant has requested Waivers from the Las Vegas Downtown Centennial Plan architectural
design standards to allow no arcades, awnings, canopies, and other shade devices where such
are required; and from parking lot design standards to allow no interior parking lot
landscaping.
Pursuant to Downtown Centennial Plan, the following standards apply:
Standard
Required/Allowed
Provided
Min. Setbacks
Front
70% along Property Line
100%
Side (West)
N/A
5 Feet
Side (East)
N/A
0 Feet
N/A
61 Feet
Rear
Compliance
Y
Y
Y
Y
JB
SDR-63986 [PRJ-63949]
Standard
Trash Enclosure
Mech. Equipment
Street Name
Charleston
Boulevard
Casino Center
Boulevard
3rd Street
Required/Allowed
Screened, Gated, w/ a Roof

or Trellis
Screened
Functional
Classification of
Street(s)
Primary Arterial
Major Collector
Local Street
Governing Document
and Highways
and Highways
and Highways
Provided
Screened,
Gated, w/
a Roof or
Trellis
Screened
Compliance
Y
Y
Actual
Street Width
(Feet)
Compliance
with Street
Section
100
80
80
Required
Provided
Compliance
5-foot wide amenity zone 0 Feet
N*
10-foot wide sidewalk
8 Feet
Y
36-inch box trees at 15 to
Downtown Centennial Plan
20 feet Intervals along
3 Trees (existing)
N*
3rd Street and Casino
Center Boulevard.
*A covenant running with the land will be required to obtain the property owners consent for
future improvements.
Parking Requirement - Downtown

Base Parking Requirement
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
General Retail 7,030 SF
1:175 SF
41
41
23
N*
39
2
22
1
N*
*Projects located within the Las Vegas Downtown Centennial Plan area are not subject to the
automatic application of parking requirements. However, the above table should be used to illustrate
the requirements of an analogous project in another location in the City.
JB
SDR-63986 [PRJ-63949]
Waivers
Requirement
The use of arcades, awnings,
canopies, and other shade
devices is required.
Surface parking lots shall
provide a minimum of one
shade tree for every six
uncovered spaces in landscaped
islands and/or on the perimeter
of the lot. A minimum of ten
square feet of landscaped
surface area must be provided
for each parking space.
Request
To allow no arcades,
awnings, canopies, and
other shade devices
To allow one shade tree

where three shade trees
are required
Approval
Approval
ANALYSIS
This project is located in the Las Vegas Downtown Centennial Plan 18b Arts District and
proposes to construct one commercial building totaling 7,030 square feet on 0.40 acres at 251
East Charleston Boulevard. The subject site is located in the C-2 (General Commercial) zoning
district, which allows for retail and commercial uses of an intense character. The applicant has
indicated that the proposed development will provide space for general retail uses.
The subject site is currently undeveloped. The new proposed building is a one story structure
which is approximately 21 feet in height to the top of the canopy. The submitted elevations
indicate the structure will be accented with Umber Rust tiled concrete, Grey textured and
smooth CMU block, perforated metal screens and blacked steel window framing. The submitted
building elevations indicate all rooftop mechanical equipment has been shielded from view by
the roof parapet.
The applicant has requested a Waiver of the Las Vegas Downtown Centennial Plan architectural
design standards to allow no arcades, awnings, canopies, and other shade devices where such are
required. In addition, the applicant has requested a Waiver of the Las Vegas Downtown
Centennial Plan permanent parking lot design standards to allow one shade tree where three
shade trees are required. The Downtown Centennial Plan requires all surface parking lots to
provide a minimum of one shade tree for every six uncovered spaces in landscaped islands
and/or on the perimeter of the lot. A minimum of ten square feet of landscaped surface area must
be provided for each parking space. The subject site is an odd shaped lot, staff has determined
the requested Waiver is appropriate to maximize the available area in the parking lot.
JB
SDR-63986 [PRJ-63949]
The subject parcel is not currently served by the Las Vegas Valley Water District
(LVVWD). Civil and plumbing plans will need to be submitted to LVVWD to establish
domestic and fire service.
Staff has determined the proposed use and design of this proposal will make a positive
contribution to the urban design for the residents in the immediate area and of the community at
large. Staff recommends approval of the requested Site Development Plan Review for the
proposed one-story commercial development.
1.

The proposed commercial development is located in the Downtown Centennial Plan
overlay and will serve as a general retail use that is complimentary to the other
restaurants and general retail uses in the neighborhood and is the type of use that is
encouraged in the Downtown Overlay District.
2.
This project is consistent with the General Plan and the uses allowed in the Downtown
Centennial Plan Overlay District. However, it is not consistent with the architectural
and parking lot design standards in the Downtown Centennial Plan.
3.

Site access is provided from 3rd Street, a 80-foot Local Street as designated in the Master
Plan of Streets and Highways. This street is sufficient in size to accommodate the needs of
the proposed use.
4.
The building will be constructed with Umber Rust tiled concrete, Grey textured and
smooth CMU block, perforated metal screens and blacked steel window framing, which
are appropriate for this area of the city.
JB
SDR-63986 [PRJ-63949]
5.

The proposed building elevations have been designed with articulated roof lines and
materials to prevent blank and expressionless walls. All roof mounted mechanical
equipment has been screened from view using parapet walls. However, it is not
consistent with the architectural and parking lot design encouraged in the Downtown
Centennial Plan which require the use of arcades, awnings and canopies on the ground
floor of a building and interior parking lot landscaping in the parking lot area.
6.
general welfare.
The proposed development is subject to permit review and inspection; therefore,
appropriate measures will be taken to protect the health, safety and general welfare.
NOTICES MAILED
376
APPROVALS
PROTESTS
31
JB
SDR-63986
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NOTES
SCALE: 1=20
SITE PLAN
DESIGN LLC
1017 SOUTH FIRST STREET

SUITE 185
LAS VEGAS
VEGAS,
V
EGAS NEVA
NEVADA
DA
89101
OFFICE 725.500.1945
WEB ATLAS-LV.COM
EAST CHARLESTON BOULEVARD
CASINO CENTER
BOULEVARD
R.O.W.
&

&

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+/- 7,030 GSF
ARTS DISTRICT . LAS VEGAS

PARKING
23 SPACES
251 CHARLESTON
PROPOSED RETAIL BDG.

SDR-63986 - REVISED
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PLANNING PRE-APPLICATION
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SDR-63986 [PRJ-63949] - SITE DEVELOPMENT PLAN REVIEW - APPLICANT: JARED BONNELL OWNER: 1337 RE GROUP, LLC
251 EAST CHARLESTON BOULEVARD
03/31/16
03/31/16
03/31/16
03/31/16
03/31/16
03/31/16
SDR-63986

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
ABEYANCE - TXT-62199 - TEXT AMENDMENT - PUBLIC HEARING APPLICANT/OWNER: CITY OF LAS VEGAS - For possible action on a request to amend
LVMC 19.12.070 Conditional Use Regulations related to Sexually Oriented Businesses to allow
for limited expansion, enlargement or alteration of nonconforming adult emporiums located
within the Downtown Centennial Plan area, and to provide for other related matters. Staff has
NO RECOMMENDATION.
THIS ITEM WILL BE FORWARDED TO CITY COUNCIL IN ORDINANCE FORM
RECOMMENDATION:
1. Proposed Amendments and Staff Report
2. Protest Emails
TXT-62199

PLANNING COMMISSION MEETING DATE: APRIL 12, 2016
DEPARTMENT:
PLANNING
ITEM DESCRIPTION: APPLICANT/OWNER: CITY OF LAS VEGAS
CASE
NUMBER
TXT-62199
RECOMMENDATION
REQUIRED FOR
APPROVAL
Staff has NO RECOMMENDATION.
** PROPOSED AMENDMENT(S) **
1.
LVMC Chapter 6.06A is hereby amended by amending to read as follows:

CHAPTER 6.06A - ADULT BOOKSTORES ADULT EMPORIUMS
6.06A.010 - Definitions.
Adult bookstore emporium is defined as an establishment which will or does derive
thirty-five percent or more of its gross revenue from sales, of books, magazines, films,
videotapes, discs, and other periodicals which are distinguished or characterized by
their emphasis on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas. engages in the sale, rental or trade of books,
photographic images in any medium, video images in any medium, sexual novelties,
discs, magazines and other periodicals and which:
a. Will or does derive 35 percent or more of its gross revenue from the sale, rental or
trade of sexual novelties or books, photographic images in any medium, video
images in any medium, discs, magazines and other periodicals which are
distinguished or characterized by their emphasis on matter depicting, describing,
or relating to specific sexual activities or specific anatomical areas;
b. At any particular time devotes 35 percent or more of its gross retail floor area to
the types of inventory described in Paragraph (a) above;
c. Holds itself out, by advertising or otherwise, primarily as an outlet for the types of
inventory described in Paragraph (a) above.
SS
TXT-62199
Proposed Amendments Page Two
April 12, 2016 - Planning Commission Meeting
Bookstore is defined as an establishment having a substantial or significant portion of

its stock in trade in books, magazines, films photographic images in any medium, tapes
and discs video images in any medium and other periodicals for sale or an establishment
with a segment or section devoted exclusively to the sale or display of such material.
Specified anatomical areas is defined as:
(1)
Less than completely and opaquely covered;

(a) Human genitals,
(b) Pubic region,
(c) Buttock, or
(d) Female breast below a point immediately above the top of the areola;
(2)
Human male genitals in a discernable turgid state, even if completely and

opaquely covered.
Specified sexual activities is defined as:

(1)
Human genitals in a state of sexual stimulation or arousal;
(2)
Acts of human masturbation, sexual intercourse or sodomy; or
(3)
Fondling or other erotic touching of human genitals, pubic region, buttock or

female breast.
6.06A.015 Bookstore Adult Emporium license required.

No person, firm or corporation shall perform the services of, or conduct, manage or
engage in the business or of selling, renting or trading books, magazines, periodicals,
news publications, films photographic images in any medium, tapes or discs video
images in any medium or sexual novelties without first obtaining a license from the
Director. Licensed grocery stores, drugstores, convenience stores, and gift shops with a
newsstand selling periodicals, magazines and newspapers, incidental to food and drug
items are exempted from the provisions of this Chapter, provided they do not sell or
offer for sale books, magazines, periodicals, news publications, films photographic
images in any medium, tapes or discs video images in any medium which are obscene
or which are distinguished or characterized by their emphasis on matter depicting,
describing or relating to specified sexual activities, or specified anatomical areas.
6.06A.020 - Issuance of license.

After receipt and review of the application, the Director shall issue a license if:
SS
TXT-62199
Proposed Amendments Page Three
(A) The business for which a license is required in this Chapter will be carried on in
a building, structure and a location which complies with the requirements and
meets the standards of the health, zoning, fire and safety laws and ordinances of
the State and City applicable thereto; and
(B) The applicant, its employee, agent, partner, director, officer, stockholder or
manager has not knowingly made any false, misleading or fraudulent statement
of material fact in the application for permit, or in any report or record required
to be filed with the Department.
6.06A.025 - License issuance or denial.

(A) The Director shall issue or deny the bookstore adult emporium license to the
applicant within thirty days from receipt of an application and the applicable
fees.
(B) Failure of the Director to approve or deny the license application within the
thirty days shall result in the license being granted.
(C) If the application is denied, the Director shall notify the applicant with the
reason(s) stated for denial. Notification shall be sent certified, United States
mail, return receipt requested, to the address provided on the license application
which shall be considered the correct address. Each applicant has the burden to
furnish any change of address to the Director, by United States certified mail,
return receipt requested.
(D) In the event that an application is denied, the applicant may file or cause to be
filed in the district court a petition for judicial examination of the validity of the
denial of the bookstore adult emporium license as provided by Chapter 34 of
NRS. If the district court has not decided the validity of the denial within thirty
days after the petition is filed, the Director shall issue a temporary bookstore
adult emporium license. The temporary bookstore adult emporium license
shall remain in effect only until the district court has rendered its opinion
concerning the validity of the denial.
6.06A.030 - Recordkeeping.
For the purpose of ensuring the proper zoning of adult bookstores an adult emporium,
all bookstores establishments shall keep a record of the sales of all books, magazines,
films photgraphic images in any medium, tapes video images in any medium, sexual
novelties, discs and other periodicals. The records so required shall categorize
SS
TXT-62199
Proposed Amendments Page Four
such sales as either adult or nonadult. Sales are classified as adult if the particular book,
magazine, film photographic image in any medium, tape video image in any medium,
disc or other periodical is distinguished or characterized by emphasis on matter
depicting, describing or relating to specified sexual activities or specified anatomical
areas, and the record shall include the sales price of each such adult or nonadult item.
The sales records shall be maintained for a period of thirty-six months from the date of
sale for purposes of auditing by the Department. Exempted from this requirement are
adult bookstores located in C-M and M districts which have received zoning approval,
or which otherwise satisfy the requirements of, Title 19.
6.06A.040 - License suspension and revocation.

(A) The City Council, upon notice and hearing, may suspend the license of a
bookstore an adult emporium which fails to comply with or violates any
provision of this Chapter or Title 19 until such time as the licensee may correct
the items of noncompliance or violation. Unrecorded gross revenue from sales
of a bookstore which holds itself out to the public through signs or advertising
as an adult bookstore emporium shall be presumed to have been of matter
distinguished or characterized by its emphasis on matter depicting or describing
or relating to specified sexual activities or specified anatomical areas, and if the
unrecorded revenue from gross sales equals or exceeds thirty-five percent of
total recorded and recorded gross sales of books, magazines, films
photographic images in any medium, tapes or discs video images in any
medium, the establishment shall be deemed a sexually oriented business within
the meaning of Title 19A.
(B) A bookstore An adult emporium license issued to any licensee under the
provisions of this Chapter or Title 19 shall be subject to revocation if such
licensees maintain or carry on any business in any building or structure which
is structurally unsafe, or not provided with adequate egress, or which
constitutes a fire hazard, or which is otherwise dangerous to human life or
safety, or which in its relation to existing use constitutes, a hazard to safety or
health by reasons of inadequate maintenance, dilapidation, obsolescence or
abandonment.
(C) In the event the bookstore adult emporium license is suspended or revoked, the
license suspension or revocation shall be stayed for fourteen days from the date
of the written notice to the licensee for the licensee to seek judicial review. If
the licensee seeks judicial review in a timely manner, the license suspension or
revocation shall be stayed until the court orders otherwise or issues a
dispositive ruling. The license licensee may waive the stay provision in
writing, or the City may seek sooner to enforce the suspension or revocation by
filing in the district court a petition for judicial review as provided in NRS
43.100 or by seeking alternative relief pursuant to Chapter 34 of NRS.
SS
TXT-62199
Proposed Amendments Page Five
2.
LVMC Chapter 19.12.070 is hereby amended by amending the Description for the
Sexually Oriented Business use to read as follows:
Description: Sexually Oriented Businesses include the following:
1.
Adult emporium An establishment which engages in the sale, rental or trade of

books, films photographic images in any medium, videotapes video images in any
medium, sexual novelties, discs, magazines and other periodicals and which:
a. Will or does derive 35 percent or more of its gross revenue from the sale,
rental or trade of sexual novelties or books, films photographic images in
any medium, videotapes video images in any medium, discs, magazines
and other periodicals which are distinguished or characterized by their
emphasis on matter depicting, describing, or relating to specific sexual
activities or specific anatomical areas;
b. At any particular time devotes 35 percent or more of its inventory floor
and wall space gross retail floor area to the types of inventory described in
Paragraph (a) above; or
c. At any particular time has, as 35 percent or more of its total inventory or
any category thereof, the types of inventory described in Paragraph (a)
above; or
d. c. Holds itself out, by advertising or otherwise, primarily as an outlet for
the types of inventory described in Paragraph (a) above.
2.
Adult mini-motion picture theater An enclosed building with a capacity of less

than 50 persons used for presenting material distinguished or characterized by an
emphasis on depicting or describing specified sexual activities or specified
anatomical areas.
3.
Adult motel A motel wherein material is presented, as part of the motel services,
via closed circuit television or otherwise, which is distinguished or characterized
by an emphasis on depicting or describing specified sexual activities or specified
anatomical areas.
4.
Adult motion picture arcade Any place to which the public is permitted or
invited wherein coin-operated or slug-operated or electronically, electrically or
mechanically controlled still or motion pictures, projectors or other imageproducing devices are maintained to show images to 5 or fewer persons per
machine at any one time, and where the images so displayed are distinguished or
characterized by an emphasis on depicting or describing specified sexual activities
or specified anatomical areas.
SS
TXT-62199
Proposed Amendments Page Six
5.
Adult motion picture theater An enclosed building with a capacity of 50 or more

persons used for presenting material distinguished or characterized by an emphasis
on depicting or describing specified sexual activities or specified anatomical areas.
6.
Adult paper rack Each self-operated device or container, except those located in
an adult emporium, which is primarily used for the distribution of magazines,
papers or periodicals which are distinguished or characterized by an emphasis on
depicting or describing specified sexual activities or specified anatomical areas or
the advertisement of other sexually oriented businesses.
7.
Massage parlor Any place where, for any form of consideration or gratuity,
massage, alcohol rub, administration of fomentations, electric or magnetic
treatments, or any other treatment or manipulation of the human body occurs as
part of or in connection with specified sexual activities or where any person
providing such treatment, manipulation or services related thereto exposes
specified anatomical areas.
8.
Model studio Any place where, for any form of consideration or gratuity, figure
models who display specified anatomical areas are provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted by
persons paying such consideration or gratuity.
9.
Nude show Any establishment which provides and permits the viewing of live
performances of specified sexual activities or the display of specified anatomical
areas upon its premises as entertainment or any attraction for business. This use
does not include the display of specified anatomical areas in the showroom of a
resort hotel and casino with over three hundred rooms which is subject to the
casino entertainment tax described in NRS 463.401 and which is located within
the DC-O (Downtown Casino Overlay) District. For purposes of the preceding
sentence, a showroom must contain a minimum of 300 seats. Any nude show
which takes place at an establishment which is licensed or is required to be
licensed to sell alcoholic beverages is subject to LVMC 6.50.510.
10. Sexual encounter center Any building or structure which contains or is used for
commercial entertainment where the patron directly or indirectly is charged a fee
to engage in personal contact with or to allow personal contact by, employees,
devices or equipment or by personnel provided by the establishment which appeals
to the prurient interest of the patron, to include, but not limited to, bathhouses,
massage parlors and related or similar activities.
SS
TXT-62199
Proposed Amendments Page Seven
3.
LVMC Chapter 19.12.070 is hereby amended by amending the Conditional Use

Regulations for the Sexually Oriented Business use to read as follows:
Conditional Use Regulations:
1.
No person shall cause or permit the establishment of any sexually oriented

business in an area zoned other than C-M or M.
In addition, no person shall cause or permit the establishment of any sexually
oriented business within 1000 feet of any other sexually oriented business,
church/house of worship, public or private school, individual care facility for
children, teen dance center, park or playground. The distance shall be the
shortest distance between two property lines, one being the property line of
the proposed sexually oriented business which is closest to the existing use to
which the measurement pertains, and the other being the property line of that
existing use which is closest to the proposed sexually oriented business. The
distance shall be measured in a straight line without regard to intervening
obstacles. For purposes of this paragraph, the term property line refers to
property lines of fee interest parcels and not leasehold parcels.
2.
Except as otherwise provided in Regulations 4, 5 and 6, the establishment of

a sexually oriented business includes the opening of such business as a new
business, the relocation of such business, the enlargement of such business in
either scope or area or the conversion of an existing business location to any
sexually oriented business.
3.
Any person establishing a sexually oriented business must first file with the
Department the name and address of the business and the type of sexually
oriented business to be conducted.
4.
Any business existing as of September 16, 1992, that is made nonconforming

by the provisions of Ordinance 3674 shall be permitted to remain in operation.
However, except as otherwise provided in Regulation 6:
a. No such business may be increased, enlarged, extended or altered, except
to change the use to a conforming use; and
b. If any such business is terminated or is abandoned for a period of at least
30 days, any future use of the property shall conform to the provisions of
Ordinance 3674.
SS
TXT-62199
Proposed Amendments Page Eight
5.
Except as otherwise provided in this Regulation and Regulation 6, the

provisions of Regulations 3 and 4 above and the provisions of LVMC Chapter
19.14 shall apply to sexually oriented businesses. However, any existing
sexually oriented business located in the M Zoning District that was made
nonconforming as to a separation requirement by either of the following
circumstances shall be deemed a conforming use for purposes of expansion,
enlargement or alteration:
a. The adoption of a different method of measuring distance; or
b. The intervening establishment within the required separation area of either
a protected use or another sexually oriented business.
Any such business shall continue to be subject to the provisions regarding
discontinuation and removal that are set forth in LVMC 19.14.030(A)(4) and
19.14.040, respectively.
6.
The provisions of Regulation 4 and the provisions of Chapter 19.14 that

prohibit the expansion, enlargement or alteration of an existing use as
described in those provisions shall not apply to an existing nude show or adult
emporium located within the Downtown Centennial Plan area, as described in
Ordinance No. 6051 and as amended from time to time, but only if and to the
extent that the following conditions are met:
a. Any expansion, enlargement or alteration, including all required on-site
parking, must be contained entirely on the same legally created parcel on
which the use presently exists.
b. The expansion, enlargement or alteration must be approved by means of a
Major Site Development Plan Review pursuant to LVMC 19.16.100(G),
unless that requirement is waived by the Director.
c. Except as otherwise provided in Paragraph (d), the discontinuation and
abandonment provisions of LVMC 19.14.030(A) shall continue to apply.
d. For a use that is discontinued for purposes of expansion, enlargement or
alteration, or in connection with a foreclosure proceeding, the use shall not
be considered terminated or abandoned. However, the building permit or
permits necessary to accomplish such expansion, enlargement or alteration
must be obtained within 18 months after operations cease and the permits
must be exercised completely before they expire. Otherwise, the use shall
be deemed abandoned, the nonconforming status lost, and the future use of
the property must comply with current zoning requirements.
SS
TXT-62199
Proposed Amendments Page Nine
e. For purposes of this Regulation 6, the expansion, enlargement or alteration

of a use includes the rebuilding or replacement of the building or buildings
associated with the use.
7.
Nothing in this Title pertaining to sexually oriented businesses is intended to

make legal any business or activity that is expressly declared illegal under any
other provisions of the Municipal Code or under any State or Federal laws.
8.
The Special Use Permit provisions of LVMC 19.12.040(B) do not apply to a

sexually oriented business.
SS
TXT-62199
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request to amend LVMC Chapter 19.12 Sexually Oriented Business use regulations to
allow for limited expansion, enlargement or alteration of nonconforming adult emporiums within
the Downtown Centennial Plan area under certain circumstances, and to amend LVMC Chapter
6.06A to make language pertaining to adult emporiums consistent with Title 19.12.
Pursuant to Title 19.12 Conditional Use Regulation 4 for Sexually Oriented Businesses, no
nonconforming Sexually Oriented Business may be increased, enlarged, extended or altered
except to change the use to a conforming use. However, Conditional Use Regulation 5 for this
same use currently permits existing nonconforming nude shows within the Downtown
Centennial Plan Overlay District to be expanded, enlarged or otherwise altered provided the
following conditions are met:
1.
The use so enlarged must be contained on the same parcel as the existing use;
2.
Unless waived by the Director of Planning, the expansion, enlargement or

alteration must be approved by means of a Major Site Development Plan Review;
3.
The discontinuation and abandonment provisions of Title 19.14 regarding

nonconforming uses shall continue to apply, except when the discontinuation of
use is for the purpose of expansion or is in connection with a foreclosure
proceeding. In this case, permits for the expansion must be obtained within 18
months after operations cease or the nonconforming status is lost.
This amendment would treat nonconforming adult emporiums in the Downtown Centennial Plan
Overlay District in a similar way as existing nonconforming nude shows. That is, a
nonconforming nude show or adult emporium as defined by Title 19.12 may be rebuilt,
remodeled or refaced, as well as enlarged or expanded beyond the current nonconforming use
area, as long as it remains on the same parcel. However, any site development plans required for
such expansion must be reviewed in a public hearing without any discretion from the Director of
Planning to waive such a hearing.
SS
TXT-62199

The City Council adopted Ordinance #3674 as a first amendment, which
amended the Citys zoning code to prohibit the establishment of sexually
09/16/92
oriented businesses in the C-2 (General Commercial) Zoning District and
refined distance separation requirements for such businesses.
The City Council adopted Ordinance #5004, which added a definition of the
08/11/97
term sexual novelty and to add a definition of the term adult emporium as
a replacement for the term adult bookstore.
The City Council adopted Ordinance #5238, which adopted the Downtown
07/05/00
Centennial Plan as part of the Citys General Plan.
The City Council adopted Ordinance #5355, which amended the conditional
use regulations for sexually oriented businesses to reduce to 35% the amount
09/05/01
of adult inventory necessary to classify a bookstore and an adult emporium as
a sexually oriented business.
The City Council adopted Ordinance #6051, which adopted an updated
08/05/09
version of the Downtown Centennial Plan, including Plan boundaries.
The City Council adopted Ordinance #6123, which allowed under limited
circumstances the expansion, enlargement or alteration of certain
12/15/10
nonconforming sexually oriented businesses located within the Downtown
Centennial Plan area.
The City Council adopted Ordinance #6208, which expanded the boundaries
of the Downtown Centennial Plan area, created a new Industrial District
08/15/12
within the Plan area and set forth the goals of individual districts within the
Plan area.
The City Council adopted Ordinance #6319, which amended the conditional
use regulations for sexually oriented businesses to extend to 18 months the
05/21/14
period of time within which to obtain a building permit to reestablish and
continue the use when the use has been discontinued under certain
circumstances.
The Planning Commission voted [7-0] to hold this item in abeyance to the
03/08/16
May 10, 2016 Planning Commission meeting at the applicants request.
ANALYSIS
An adult emporium is defined by Title 19.12.070 as an establishment which engages in the
sale, rental or trade of books, films, videotapes, sexual novelties, discs, magazines and other
periodicals and which:
a. Will or does derive 35 percent or more of its gross revenue from the sale, rental or
trade of sexual novelties or books, films, videotapes, discs, magazines and other
periodicals which are distinguished or characterized by their emphasis on matter
depicting, describing, or relating to specific sexual activities or specific anatomical
areas;
SS
TXT-62199
b. At any particular time devotes 35 percent or more of its inventory floor and wall
space to the types of inventory described in Paragraph (a) above;
c. At any particular time has, as 35 percent or more of its total inventory or any category
thereof, the types of inventory described in Paragraph (a) above; or
d. Holds itself out, by advertising or otherwise, primarily as an outlet for the types of
inventory described in Paragraph (a) above.
This definition will replace the definition for Adult Bookstore used for licensing purposes in
Title 6.06A, with the exception of Paragraph (c), which will be removed to aid in enforcement.
A nude show is defined by Title 19.12.070 as any establishment which provides and permits
the viewing of live performances of specified sexual activities or the display of specified
anatomical areas upon its premises as entertainment or any attraction for business. This use does
not include the display of specified anatomical areas in the showroom of a resort hotel and casino
with over three hundred rooms which is subject to the casino entertainment tax described in NRS
463.401 and which is located within the DC-O (Downtown Casino Overlay) District. For
purposes of the preceding sentence, a showroom must contain a minimum of 300 seats. Any
nude show which takes place at an establishment which is licensed or is required to be licensed
to sell alcoholic beverages is subject to LVMC 6.50.510.
The Downtown Centennial Plan area comprises 10 sub-districts with distinct identities and
development standards. These sub-districts and standards are contained within a separate zoning
overlay district in Title 19.10 called the Downtown Centennial Plan Overlay District.
There are six adult emporiums licensed within the Downtown Centennial Plan Overlay District,
whose locations and use status are indicated in the table below:
Zoning
District
C-M
C-2
Business Name
Business Address
A Action Adult Books & Video

Showgirl Video
1016 S. 1st St.

631 S. Las Vegas Blvd.
Peepland
2424 Western Ave.
Boulevard Books & Video
1147 S. Las Vegas

Blvd.
C-2
Talk of the Town
1238 S. Las Vegas

Blvd.
C-2
Main Street Adult Books & Video
601 S. Main St.
C-2
Nonconformance
none
zoning
separation from
existing SOB
zoning
separation from
existing SOB
zoning
separation from
existing SOBs
zoning
SS
TXT-62199
There are eight establishments within the Downtown Centennial Plan Overlay District classified
as nude shows, whose locations and use status are indicated in the table below:
Business Name
Business Address
Girls of Glitter Gulch
22 Fremont St.
1531 S. Las Vegas
Blvd.
OG
Zoning
District
C-2
C-2
Nonconformance
zoning
zoning
separation from
existing SOB
Little Darlings
1514 Western Ave.
M
none
separation from
The Horse Gentlemens Club
2476 Industrial Rd.
M
existing SOB
zoning
1238 S. Las Vegas
Talk of the Town
C-2
separation from
Blvd.
existing SOBs
separation from
Treasures
2801 Westwood Dr.
M
existing ICC
separation from
Privilege
2580 Highland Dr.
M
existing SOB
Abbreviation KeySOB: sexually oriented business; ICC: individual care center
Cheetahs
2112 Western Ave.
If approved, an establishment entitled under this amendment would be allowed to be expanded,

enlarged or otherwise altered on the same site without losing nonconforming status.
Expansion and enlargement includes additions to existing buildings that increase the gross
floor area of the use beyond its current operation. Alteration includes repairs, renovations,
demolition and rebuilding on the same site. Without nonconforming status, an establishment
must meet current Title 19 and Downtown Centennial Plan requirements regarding not only
those for Sexually Oriented Businesses, but also for zoning requirements. Except in the
Industrial Sub-District, most commercial properties in the Downtown Centennial Plan Overlay
District are zoned C-2 (General Commercial). New Sexually Oriented Businesses are not
currently permitted in the C-2 District.
Allowing improvement of such sites ensures that buildings are not left to deteriorate. A potential
secondary benefit of this amendment is that these adult uses would remain on their current sites
and not encroach nearer to residential neighborhoods. As sites for sexually oriented businesses
are scarce, owners of such establishments are likely to renovate their existing locations rather
than abandon a site in favor of a new location.
Additionally, amendments are proposed to Title 6.06A pertaining to adult bookstores to change the
license type to adult emporium and to make language related to the licensing of adult emporiums
consistent with Title 19.
SS
TXT-62199
FINDINGS (TXT-62199)
Staff has no recommendation regarding this code amendment. The amendment is intended to
accomplish the following:
Amend Title 6.06A to clarify definitions and make language and terminology consistent
with Title 19 with regard to adult emporiums;
Allow existing nonconforming adult emporiums and nude shows located in the
Downtown Centennial Plan Overlay District to expand, rebuild, replace, or alter the
existing development containing the use under certain restrictions;
Removes the ability of the Director of Planning to waive the requirement for a Major Site
Development Plan Review for proposed changes to buildings containing nonconforming
nude show or adult emporium uses within the Downtown Centennial Plan Overlay
District;
Allow for improvement of dilapidated buildings and structures in the Downtown area that
would not otherwise voluntarily be removed;
Allow the use to cease prior to and during reconstruction without loss of nonconforming
status under certain circumstances.
NOTICES MAILED
RJ Only
PROTESTS
APPROVALS
N/A
SS

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
TXT-63450 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For possible action on a request to amend LVMC 19.12.070 and 19.18.020
related to Nightclubs to amend the thresholds by which an area of live entertainment within an
establishment is considered a nightclub, and to provide for other related matters. Staff
RECOMMENDATION:
TXT-63450

DEPARTMENT:
PLANNING
CASE
NUMBER
RECOMMENDATION
TXT-63450
REQUIRED FOR
APPROVAL
** PROPOSED AMENDMENT(S) **
1.
LVMC Chapter 19.12.070 is hereby amended by amending the Description for the
Nightclub use to read as follows:
Description:
A. An establishment, other than a teen dance center, where its primary operations are
that of preparing and serving alcoholic beverages for immediate on-premises
consumption and the provision of live entertainment, generally operated primarily
in the late evening/early morning hours. An establishment shall be considered a
nightclub if it exhibits the following characteristics; :
1. Live entertainment is provided in an area that exceeds fifty two hundred square
feet, and the following spaces shall be included in the calculation of such area:
stage space, disc jockey space, and dance floor(s), and any space primarily
dedicated to the viewing of the live entertainment provided by the licensee; and
2. Its primary operating hours are generally between the hours of nine 9:00 p.m.
and five 5:00 a.m. the following day, or afterhours between four 4:00 a.m.
and 10 10:00 a.m. on the same day. ; and
3. The establishment is licensed pursuant to LVMC Title 6 for the on-premises
consumption of alcoholic beverages pursuant to a tavern license, a tavernlimited license, an urban lounge license or a beer/wine room license.
B. For purposes of this description, live entertainment includes live music (with or
without dancing), recorded or digital music played for patrons by a live disc jockey
or electronic device, or karaoke entertainment or other stage shows, such as a
magician, comedian or other similar type of performance artist.
SS
TXT-63450
Proposed Amendments Page Two
2.
Title 19.18.020, Words and Terms Defined, is hereby amended by amending the
definition of the Nightclub use as follows:
Nightclub. A. An establishment, other than a teen dance center, where its primary
operations are that of preparing and serving alcoholic beverages for immediate onpremises consumption and the provision of live entertainment, generally operated
primarily in the late evening/early morning hours. An establishment shall be
considered a nightclub if it exhibits the following characteristics:
B.
1.
Live entertainment is provided in an area that exceeds fifty two hundred

square feet, and the following spaces shall be included in the calculation of
such area: stage space, disc jockey space, and dance floor(s), and any space
primarily dedicated to the viewing of the live entertainment provided by the
licensee; and
2.
Its primary operating hours are generally between the hours of nine 9:00
p.m. and five 5:00 a.m. the following day, or afterhours between four 4:00
a.m. and ten 10:00 a.m. on the same day. and;
3.
The establishment is licensed pursuant to LVMC Title 6 for the on-premises

consumption of alcoholic beverages pursuant to a tavern license, a tavernlimited license, and urban lounge license or a beer/wine room license.
For purposes of the this subsection definition, live entertainment includes live
music (with or without dancing), recorded or digital music played for patrons by
a live disc jockey or electronic device, or karaoke entertainment or other stage
shows, such as a magician, comedian or other similar type of performance artist.
SS
TXT-63450
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request to amend LVMC Chapter 19.12 and 19.18 related to the Nightclub use to amend
the thresholds by which an area of live entertainment in an establishment that serves alcoholic
beverages is considered a Nightclub.
The City Council adopted the second amendment of Ordinance 6413, which
05/06/15
added new business licensing and zoning regulations regarding nightclubs and
cinemas that serve alcoholic beverages.
A bill (Bill 2016-25) was introduced to the City Council that would amend
the Unified Development Code to clarify land use regulations and definitions
04/06/16
regarding nightclubs within the Downtown Centennial Plan Overlay District.
On 04/18/16, the Recommending Committee held this bill in abeyance to the
05/16/16 Recommending Committee.
ANALYSIS
A nightclub as defined by the Unified Development Code has two characteristics: (1) the onpremise preparation and consumption of alcoholic beverages; and (2) the provision of live
entertainment. Under the current ordinance, an establishment serving alcohol for onsite
consumption also becomes a nightclub when it provides at least 50 square feet of space for live
entertainment. Because the nightclub use carries additional distance separation and special use
permit requirements, the 50 square-foot threshold places an unintended burden on establishments
that periodically provide entertainment space as an ancillary amenity.
In addition, the current code is challenging to enforce for two reasons. First, the majority of
establishments providing live entertainment do so in a space that is greater than 50 square feet.
Second, the establishments of concern for enforcement are not those that provide small areas of
live entertainment on a periodic basis (such as themed restaurants), but rather establishments
featuring nightly live acts or disc jockeys with larger stages and dance floors.
This proposal increases the 50 square-foot live entertainment area threshold to 200 square feet.
It also removes the viewing area from any calculation of the total live entertainment floor space.
In doing so, it aims to reduce difficulties in enforcement and reduce the number of special use
permit requests where impacts of live entertainment are minimal.
SS
TXT-63450
A bill (Bill 2016-25) has already been introduced that would amend the Unified Development
Code to clarify land use regulations and definitions regarding nightclubs by amending the land
use table to allow nightclubs as permitted uses in the Downtown Entertainment Overlay District,
permitting a waiver of distance separation requirements between nightclubs and protected uses,
and striking distance separation requirements between nightclubs and protected uses within the
Downtown Casino Overlay District. The language in the present request is not intended to
conflict with that amendment. This amendment will depend on adoption of Bill 2016-25 insofar
as it exempts establishments from the special use permit requirement for a nightclub.
A parallel amendment to Title 6 regarding the licensing of nightclubs and the live entertainment
threshold will be brought forward separately in ordinance form.
FINDINGS (TXT-63450)
The proposed text amendment will achieve the following:
Increase the live entertainment area threshold by which an alcohol establishment is

determined to be a Nightclub from 50 square feet to 200 square feet;
Exclude establishments providing periodic live entertainment in small spaces from the
burden of obtaining an additional Nightclub special use permit and being subject to
additional distance separation requirements;
Reduce enforcement difficulties;
Reduce the number of special use permit requests, particularly for establishments that
primarily sell alcohol and do not feature regular live entertainment.
NOTICES MAILED
NEWSPAPER ONLY
APPROVALS
PROTESTS
N/A
SS

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
TXT-64173 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For possible action on a request to amend LVMC Chapter 19.12 related to
Permitted Uses to amend the Minimum Special Use Permit Requirements for Medical Marijuana
Establishments (Medical Marijuana Dispensary, Medical Marijuana Production Facility and
Medical Marijuana Cultivation Facility) to allow a waiver to be requested related to the
limitations on signage for these types of establishments and to provide for other related matters.
RECOMMENDATION:
Staff has recommends APPROVAL
TXT-64173

DEPARTMENT:
PLANNING
CASE
NUMBER
RECOMMENDATION
REQUIRED FOR
APPROVAL
TXT-64173
**PROPOSED AMENDMENTS**
1.
LVMC Title 19.12.070 is hereby amended by amending the Minimum Special Use Permit
Requirement 7 for the Medical Marijuana Cultivation Facility use as follows:
[*]
2.
Signage for the establishment shall be limited to one wall sign per street
frontage, the face of the sign not to exceed thirty square feet in area and
not to exceed two feet in height. Such a sign shall be internally
illuminated, with the use of neon prohibited.
Requirement 8 for the Medical Marijuana Dispensary use as follows:
[*]
3.
7.
8.
Requirement 8 for the Medical Marijuana Cultivation Facility use as follows:
[*]
8.
RTS
TXT-64173
** STAFF REPORT **
PROJECT SUMMARY
This is a request to amend LVMC Chapter 19.12 related to Permitted Uses to amend the
Minimum Special Use Permit Requirements for Medical Marijuana Establishments (Medical
Marijuana Dispensary, Medical Marijuana Production Facility and Medical Marijuana
Cultivation Facility) to allow a waiver to be requested related to the limitations on signage for
these types of establishments.
The City Council adopted Ordinance 6321, which established zoning
05/21/14
regulations and standards for medical marijuana establishments.
The City Council adopted Ordinance 6324, which established licensing
06/04/14
regulations and standards for medical marijuana establishments.
The City Council adopted Ordinance 6363, which established entitlement
11/05/14
eligibility for medical marijuana establishments in the 18b The Las Vegas
Arts District.
ANALYSIS
The proposed amendment would remove the provision that the Minimum Special Use Permit
Requirement related to the number, type, size, height and illumination method of signage for
Medical Marijuana Establishments (Medical Marijuana Dispensary, Medical Marijuana
Production Facility and Medical Marijuana Cultivation Facility) is nonwaivable. By removing
the asterisk (*) that precedes the requirement an applicant will be able to request a waiver of
standards outlined in the requirement pursuant to LVMC Title 19.12.050 (C). The granting of
any waiver must show by convincing and substantial evidence by the applicant that a deviation
of the requirements will not compromise the objective of the City in safeguarding the interests of
the City and the public.
RTS
TXT-64173
By removing the asterisk (*) an applicant would be able to request a change to any or all of the
following standards in the subject minimum requirement:
Sign Standard Type
Number of Signs
Sign Type
Size
Height
Illumination
Standard by Minimum Requirement

One sign per street frontage
Wall Sign
30 square feet
2 feet
Internally illuminated, no neon
This change to the Minimum Special Use Permit Requirement will not allow an applicant to
exceed the applicable development standard related to signage in commercial and industrial
districts as outlined in LVMC Title 19.08.120. Any waiver request that would exceed the
development standards for signage would require the approval of a Variance and would have to
meet the higher level of scrutiny required for such an approval.
The restrictive nature of this minimum requirement without relief could negatively impact
establishments that, due to the configuration of their site, would not be able to locate a sign such that
it would be visible from the roadway and could prevent customers and services from identifying the
location of business. The removal of the asterisk (*) will allow Medical Marijuana Establishments
that have a unique site configuration or other hardship to seek relief by proposing an alternative sign
type, size, number, height or illumination method to ensure that their business is identifiable while
continuing to allow the Planning Commission and the City Council to limit the time, place and
manner of signs for these uses. For these reasons staff recommends approval of this amendment.
FINDINGS
The proposed text amendment will achieve the following:
Would allow an applicant for a Medical Marijuana Establishment use to request a

waiver of the Minimum Special Use Permit Requirement related to signage.
The following table summarizes all proposed changes:

Code Requirements
Existing Regulations
Proposed Regulations
LVMC Title 19.12.070 An asterisk (*) precedes Removes the asterisk (*) from
Permissible Use
requirement #7, making the
requirement #7, allowing an
Descriptions and
requirement related to signage
applicant to request a waiver of
Applicable Conditions
non-waivable pursuant to
the requirement
and Requirements
LVMC 19.12.050 (C)
Medical Marijuana
Cultivation Facility
RTS
TXT-64173
Permissible Use
Descriptions and
the requirement
and Requirements
LVMC 19.12.050 (C)
Medical Marijuana
Dispensary
Permissible Use
Descriptions and
the requirement
and Requirements
LVMC 19.12.050 (C)
Medical Marijuana
Production Facility
NOTICES MAILED
NEWSPAPER ONLY
APPROVALS
PROTESTS
N/A
RTS

DIRECTOR:
TOM PERRIGO
Consent
Discussion
SUBJECT:
DIR-64287 - DIRECTOR'S BUSINESS - PUBLIC HEARING - APPLICANT/OWNER: CITY
OF LAS VEGAS - For possible action on a presentation of the proposed Downtown Master Plan
Update, All Wards. Staff recommends APPROVAL.
P.C.: Final Action
RECOMMENDATION:
None

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

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Agenda Item No.: 29.

AGENDA SUMMARY PAGE - PLANNING

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

Consistent with the Citys

GPA-63599 and ZON-63601

GPA-63599 and ZON-63601

GPA-63599 and ZON-63601

GPA-63599 and ZON-63601

GPA-63599 and ZON-63601

GPA-63599 and ZON-63601

Agenda Item No.: 30.

AGENDA SUMMARY PAGE - PLANNING

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

Consistent with the Citys

Agenda Item No.: 31.

AGENDA SUMMARY PAGE - PLANNING

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

Consistent with the Citys

77777 7777 77 7777

7777 77 777 77 7 A7777

777 7777777 777 7

Agenda Item No.: 32.

AGENDA SUMMARY PAGE - PLANNING

APPROVALS RECEIVED BEFORE:

Planning Commission Mtg.

Planning Commission Mtg.

City Council Meeting

City Council Meeting

VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]

AGENDA MEMO - PLANNING

VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]

Approval of and conformance to the Conditions of Approval for Variance (VAR-63584)

VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]

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

VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]

VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]

VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]

Most Recent Change of Ownership

Related Building Permits/Business Licenses

Details of Application Request

Existing Land Use

Public North Las

Existing Zoning District

VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]

Master Plan Areas

Other Plans or Special Requirements

Master Plan of Streets &

VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]

Pursuant to Title 19.02 and 19.04, the following standards apply:

VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]