good evening we're ready to begin this planning commission meeting is called to order and before we start I just want to take a second and welcome Commissioner chata for joining us and appreciate you being on the the Commission with us and bringing your your knowledge and wisdom and I didn't acknowledge you in the last meeting just to make sure that you'd be here today and you liked us thanks for joining us all right this meeting is been properly noticed and posted in compliance with the Open Meeting Law these proceedings are being video recorded as well as presented live on KC L V cable channel 2 please note customer customers of CenturyLink in cost communication can view this program in high definition on channel 1002 and in standard definition on channel 2 you can also watch this mean you live on Apple TV Roku and amazon firetv on the Go Vegas app the Planning Commission meeting as well as all their KC LV programming can be viewed on the internet at WWE TV Ford slash live the proceedings will be rebroadcast on KC LV in the web the Saturday the meeting at 10:00 a.m. Monday at midnight in the following Tuesday at 6:00 p.m. would everyone please stand for the Pledge of Allegiance madam clerk can you please call the roll chair cherry the present vice chair to savio present Commissioner schlattman present Commissioner Toussaint present Commissioner Williams present Commissioner rogen present Commissioner Chadda present thank you thank you I call your attention the information printed in your in Jena concerning our actions in the peel and review process if appropriate please read this carefully and if you have any questions staff is available there's agendas on both side of the podium also the second page of the agenda contains our rules of conduct we appreciate you adhering to these rules so we can have a smooth meeting and I'll quickly go to I think we have yes mr. chairman when I call your attention to the the agenda that was published last week to the public had one item that was out of order and the public's agenda the item titled citizens participation shows up as number six what it should be number four so on your agenda item six basically uphold weekend number four and your agenda reads in the correct order thank you thank you so we'll move on to item number for public comment all comments made under this item for specific action will you cross referent to those items are there any members of the public who wish to speak under this portion of the agenda seeing no one will move on to item number five for possible action to approve the final minutes of the Planning Commission meeting of July ninth 2019 vice-chair Thank You mr. chairman I'd like to entertain a motion to approve the Planning Commission meeting minutes from July 9 2019 thank you there's a motion on the floor please cast your votes please post that motion carries moving on to our housekeeping items item number six are there any items the commissioners staff applicants remember the public would like to pull forward for action Commissioner Brogan Thank You mr. chair I'd like to pull item number 11 forward I also have a point of order that I just want to raise for a second with regard to the item we just approved isn't it the meeting minutes from July 23rd that we should be moving to approve maybe we can have the clerk's office that would be the Department of Planning that prepares the agenda minute so it is the night that's the I believe it is the 9th because we go back to agendas because there's a review cycle for the minutes that are submitted from the clerk's office for review by staff okay thank you I understand no thank you there any other items that would like to be pulled sir I'm Kevin Kristensen I wanted to be I wanted to be heard on item number 11 which I think you were about to pull yeah it'll be heard in the public hearing I'm sorry it'll be heard in the public hearing portion of the agenda okay very good Thank You mr. chairman we have some housekeeping items the applicant is requesting to obey item 25 to the September 10th 2019 Planning Commission this is the third abeyance request for this Idol the applicant is requesting to obey items 32 through 35 to the September 10th 2019 Planning Commission this is a sec you Tobias request for these items and the applicant is requesting to withdraw without prejudice number 43 thank you thank you and before we have a vote I will point out an item number 25 I know they've worked with Commissioner Williams being it is a third request I feel that it is just warranted to be on here so vice chair we have a mr. Chairman I make I'd like to make a motion to approve the housekeeping items as read into the record thank you there's a motion on the floor please cast your votes please post and that motion carries mr. Schurr just for the record that includes the good cause for the advance of number 25 correct correct yeah okay moving on to the consent items consent items are considered routine by the Planning Commission and may be enacted by one motion however any of these items may be discussed if a commissioner or applicant so desires I go to staff I believe was there some conditions on the consent agenda yes mr. chairman for a number item number eight we would like to remove conditions number six and number ten thank you thank you vice chair taking mr. chairman I'd like to make a motion to approve the consent agenda item and on and with removing the conditions on item number eight number six and ten thank you there's a motion on the floor please cast your votes please post in that motion carries those items are final action or less appeal to the city clerk in seven days okay moving on to the one motion one vote the floor items may be considered in one motion one vote they are considered routine non-public and public hearing items all public hearings and non-public areas will be opened at one time any person representing an application or a member of the public or a member of the Planning Commission not an agreement with the conditions and all standard conditions for the application recommended by staff should request to have it item removed from the the agenda item number 12 mo d76 935 applicant owner Howard Hughes company LLC for posture request for a major modification of the approved Summerlin master development plan to change the Summerlin s fsd development standards to include an attached product type including exhibits 2.1 and 2.11 ward 2 staff recommends approval related item mo d76 936 for possible action request for a major modification of the approved Summerlin village 21 master development plan to change the Summerlin land use designation on three parcels jkm from SF a single-family attached in five parcels and o P Q R from VC and SFA to s FS D and one parcel from SFA to MF one at the northwest corner of far Hills Drive in Clarke County to 15 or two staff recommends approval related item 14 TMP seven six nine five zero applicant Richmond American homes of Nevada Inc owner Howard Hughes Company LLC for posish and request for a tentative map for an 86 lot single-family residential subdivision on the southeast corner of Kendall corner way in desert foothills Drive War two staff recommends approval item number 15 0 & 7 6 8 8 for applicant owner L Walker LLC for possession request for rezoning from r4 and r1 to c1 at the southwest corner southeast corner of Bonneville Avenue and 8th Street Ward 3 staff recommends approval related items 16s up7 6 8 8 5 4 pause fashion request for a special use permit for proposed multifamily residential development Ward 3 staff recommends approval related item SDR 7 6 8 8 8 8 8 6 4 possible action in a request for a site development plan review for proposed three-story tall 18,600 square-foot mixed-use building including 2675 square feet of office space with waivers of appendix F indoor downtown Las Vegas area to development standards or three staff recommends approval [Music] item number 18 var 7-6 8-6 1 variance public hearing applicant owner city of Las Vegas or pas special request for a variance to allow deviations from title 19 . 100-200 CV development standards at the southeast corner of Marion Drive and Harris Avenue Ward 3 staff recommends approval related item 18 SDR 7-6 8-6 - for possible action and request for a site development plan review for proposed city park Ward 3 staff recommends approval item number 20 s u P 7 6 8 6 8 applicant jason taylor owner pro view series 32 LLC for possible action request for a special use permit for proposed 1203 square foot tavern limited establishment with 1542 square feet of outdoor seating area at 13 27 South Main Street Ward 3 staff recommends approval related item su P seven six eight eight six nine seven six eight six nine excuse me for possible action request for especially used permit for proposed 1203 square foot beer wine cooler on and off sale establishment with 1542 square feet of outdoor seating area at 13 27 South Main Street Ward 3 staff recommends approval item number 22 su p76 766 applicant William Doyle owner Afrit investment inc for possible action and request for a special use permit for proposed 4014 square foot beer wine cooler on and off sale establishment use with 222 square feet of outdoor dining at 914 South Main Street Ward 3 staff recommends approval item number 23 su P seven six eight nine one applicant daniel simmons owner BK nevada Investments LLC for posish and request for a special use permit for propose 3,400 square-foot Tavern limited establishment use with 840 square feet of outdoor seating area at 11:30 south casino center boulevard suite 170 or 3 staff recommends approval and finally item number 24s dr 7 6 8 8 7 applicant owner good hood LLC for possible action or a request for a site development plan review for proposed 6 story parking garage with 8400 3 square feet of ground level retail space and one-story 8500 28 square foot addition to an existing 35,000 481 square foot office building with waivers of appendix F interim downtown Las Vegas area one development standards at 201 South Las Vegas Boulevard staff recommends approval and vice-chair before I go to you I'd like to disclose on items number 22 23 and 20 that I either live or have projects in the general vicinity it doesn't affect me any greater lesser so I will be voting on them tonight Commissioner Schwaben yes mr. chairman through you on items 20 21 22 and 23 I didn't make a disclosure that I want to further lounge within the arts district within a notification area or fairly close to each of these so I'll be abstaining on those matters thank you thank you very much vice chair Thank You mr. chairman at this time I'd like to entertain a motion to pull item number 11 as requested and approved the one motion one vote is read into the record thank you there's a motion it was to indicate that the public hearing is open that's right this is notice as a public hearing you know from the public like to be earned this is for the the one motion one vote portion of the agenda no problem Thanks okay vice-chair Thank You mr. chairman at this time I'd like to make a motion to pull item number 11 to be heard as requested and approved them one motion one vote is read into the record thank you there's a motion on the floor please cast your votes please post and that motion carries mr. chairman items 12 through 19 and 24 will move forward to City Council on September 18 2019 and items 20 through 23 our final action unless appeal to the city clerk within 10 days thank you thank you and we are moving on to the public hearing items portion of the agenda starting with number 11 I will be abstaining from this item my family is in the cannabis industry I will turn over to vice chair to Salvio Thank You mr. chairman yeah I remember leva sgp seven six five seven nine special use permit applicant to nevada organic remedies LLC owner bridge group Investments LLC for possible action request for a special use permit for a proposed 1146 square-foot marijuana dispensary use at 1725 south rainbow boulevard suite 21 may have the staff report mr. vice chairman the subject site complies with all night with all minimum distance requirements as set forth by title 19 and the staff finds that use can be conducted in a compatible and harmonious manner with the existing surrounding land uses therefore staff recommends approval of this special use permit please note that there are additional letters of protest and support since publication thank you thank you please state your name for the record thank you good evening Ryan Arnold here tonight representing the applicant and Nevada organic remedies I appreciate the board having us back I know last time the desire was a have us hold the items so we could have our neighborhood meeting and I'll get to that at the end of my remarks here first off I just wanted to address the technical merits if you will of the application like staff indicated we meet all the basic requirements and that is a thousand foot distance separation from any protected use close to school and so on the 300 foot from any community facility in park and whatnot one of the reasons we looked at this are and we're considering this location is if you look at the map here directly to the west of us is a rather large I believe it's a detention basin flood water control I believe and if you measure that out it's about 700 feet from roughly our storefront to the nearest the home the other thing to consider here is that we're on what I believe rainbow is a 125 120 foot right away a major thoroughfare here in the valley so again trying to take it everything in the consideration we felt this was a inadequate and appropriate location the space that we're looking at is 1288 square feet so by all regards this is a rather small dispensary our concept is and I'll bring one of the principals up here in a minute and he can touch on this in a little more detail but one of our concepts here is to actually make this a boutique it's it's going to sell one brand and it's not going to have the vast variety that you would see in some of our other locations beyond that let me bring up Brandon Wai ghin he's one of the principals with Nevada organic remedies and I'll let him address our neighborhood meeting and some of the comments we had there hello my name is Brandon wagon WI eg a nd for the record as Ryan alluded to this is a small boutique location we have a store down the road the source dispensaries which is a store that carries many brands this is a concept we're looking to employ that's a boutique property or a boutique store that would carry a single brand that we we produce again as Ryan alluded we try to find a location that met all the distance separation requirements aren't asking for any special treatment hits all the points that we're looking for and look forward to getting improved we had didn't hold our neighborhood meeting there were some concerns addressed primarily I think safety and traffic in the neighborhood I think those I attempted to address those through the size of the location we're not going to be a high traffic driver like our store down the road is the other concern I had heard was hours of operation and I think we were willing to consider some of those points if we look at the neighborhood there's alleys discount liquor that has hours that I think we'd be willing to model if it made the neighborhood happy any questions yes I just wanted to disclose I've worked on several constructed several dispensaries and cultivation facilities production facilities and but this won't have any effect on me one way or another I've hadn't worked with these individuals and so my independence and judgment won't be affected and I'll be voting on this matter and just wanted to say that before you turn in open public comment I thank you very much thank you if you guys could just step aside this has noticed as a public hearing if anybody from the PUC which to be heard please come forward state your name for the record and I'll give you each three minutes good evening my name is Diane Harrington I represent the rainbow family Park Neighborhood Association which is in Ward one we basically are on the boundaries of rainbow Buffalo and then on the north and south Charleston and Sahara and we have 700 homes in our neighborhood and we are opposed to the dispensary we don't think it is good for our neighborhood we don't think our neighborhood is our goal is to provide a neighborhood association and a community that is family oriented and we don't feel like this business would be in line with what we are hoping for for our neighborhood thank you there is three mics if you guys want to line we can move this along thank you thank you my name is Ilana Graham gr aham I live on Belle Castro I appreciate your time I appreciate the meeting that we were able to have with the applicants here major problem we have we have a traffic problem it's become a public safety issue for our neighborhood oki is a gateway for our neighborhood Inoki if you can reference the map is right down the center the applicant wants to go in this corner here that's outlined in the rectangle in the rectangle this I don't know if you have the map up there but this Shopping Center exits right onto okie right into our neighborhood that's different from Lee's liquor that does not go right into our neighborhood the water basin here provides very little to no protection for us because of our neighborhood group advocacy we were able to get a traffic study on Delray within the past 12 months Delray is 25 miles per hour my brother lives on that Street I walk with my one-year-old two-year-old and 4 year old to his house he has a 7 year old a six year old and a four year old the average speed on Delray right now is approximately 50 miles an hour we were able to get speed humps put in due to that traffic people use Delray to cut through to avoid the light on the top right hand corner of this circle at Rainbow and Charleston I can all but guarantee without sounding doomsday that the traffic on Delray is absolutely going to increase if we put a high frequency high volume business which it with all due respect I just don't believe that any term boutique will make this any less different than most dispensaries that just run people through constantly and I commend the small business I appreciate small business but truly it's a public safety issue for the traffic in our neighborhood right now and I just ask that you all please consider that we're already battling traffic it's documented it's supported thanks to all of you approving the speed humps that we have put in and the last thing I'll say is we already have two I could literally throw a rock essentially to the two on Sahara and rainbow our neighborhood shouldn't have to burden a third until everybody else has in their neighborhood a second then we can start talking about trying to buffer in more but I appreciate your time and consideration I would just please have you think of our neighborhood and protecting it from a public safety aspect Thank You mr. Graham my name is Keith Thomas I live at 1561 Winter Haven Circle which is about three blocks from the proposed location I also work with the rainbow family Park Neighborhood Association and have for the last two years been working with Councilwoman Tarkanian on her efforts to help create neighborhoods to help make our neighborhoods more beautiful more cohesive and through various efforts including the neighborhood neighborhood program fund that the that the city has so generously provided in terms of creating neighborhood and a cohesive and beautiful neighborhood this particular application is the wrong application for the wrong location the potential that we think for adverse impact on our neighborhood far outweighs any potential good that could come from from putting a marijuana dispensary there there's particularly dispenser especially in terms of location yes has that that detention basin Amelie to the west of it but immediately to the to the north of it and immediately to the south of it there's homes and in addition people that are going to be accessing that dispensary are going to get probably not going to go down rainbow they're gonna go up okie so they're gonna start cutting through our neighborhood and further datura they deteriorate the conditions in our neighborhood there's a daycare center preschool about a block to the south there's a the rainbow family Park is about a block to the to the west fireman's Park is a block to the east the bhai Center is less than a half a block away the LDS Church is about two blocks away our concern is that the patrons are going to that if approved there and the patrons go there and they buy their product or are they going to be able to consume the product well they can't they can't smoke and the casinos they can't smoke in the bars where are they going to smoke well if they maybe they'll go home but more likely than not they're not going to be able to go home they need to go to the nearest available location where is that Rhema family park or fireman's Park each of which are just right okay so for again the advert the potential adverse impact on the fact that we're already saturated with marijuana dispensaries in the area now we have we have I think three or four like I say with almost a stone's throw but so again I would emerge I would urge the commissioners to deny sgp seventy six 579 Thank You mr. Thomas yes my name is Gina Marku I also live in the neighborhood and I'm strongly opposed due to all the points that my neighbors pointed out specifically the parks there are three parks on okie one at Buffalo one at Rainbow and one below rainbow at Torrey Pines there's also a high school right off of okie in Torrey Pines within walking distance and there are many children walking to and from and the traffic in the area as everyone mentioned has increased tremendously and we do not need another dispensary like a 7-eleven or CVS on every corner in our neighborhood where there's lots of parks and children thank you thank you please take it in Faragher hi my name is Graham coder I live on seven one one zero Doha Avenue and before I give my remarks I wanted to specifically thank the Council on the Planning Commission I've told all of my friends and family and relatives how impressed I was that chairperson sherry and Commissioner slot Minh and Commissioner Rogan have all honestly stated the reasons why they've accused themselves and I took a moment to teach my kids is what makes America great right so earn your tacos kids stand up they've behaved themselves tonight they're gonna get tacos for behaving themselves those are my five children and I wanted them to see tonight I wanted them to see the honest men and women that are serving our community and thank you for your time tonight so tonight we're represented represented by a few thousand people in our neighborhood we've got HOAs churches schools sport clubs colleges doctors offices and neighborhood associations who are all represented here and we're all opposed to this motion I hope that rings something to your ears I would submit that people in support of this motion pale by comparison we've been given opportunities to voice our opinion with the city and we thank you for that we've expressed our concerns that are sometimes moral and ethical and religious and political when we know that these are irrespective of tonight's issue I coming up here I just noticed that as you look at this map if this is the thousand foot circle that we're talking about for schools is that it no okay well within that's within that circle is Bonanza high school I thought I'd point that out and finally we're simply concerned and confused that the city and that's Planning Commission are contemplating allowing more weed dispensaries in my neighborhood than 711s more weed dispensaries than Home Depot's more weed and more marijuana than grocery stores that's a problem we shouldn't be the neighborhood that has to carry the marijuana load for the city and the region in the state it shouldn't all be in our neighborhood and we hope that despite the fact that the applicant is crossing his T's and dotting his eyes it should it should be something that's considered because all he cares about are the lowercase J's the doobies we think that the concerns and the representations made on behalf of thousands of residents should not be ignored simply because he's doing everything right on his application that we're passionate about this item specifically I would submit that our group is especially grateful for the manner in the honesty that's been displayed by the city and its planners we thank you for that this is the reason why just like in our pledge of allegiance were indivisible right we think this is the reason that we're all be given justice for all and I would submit that part of the problem here is that the application and the City the Planning Commission and the zoning currently does not consider are there too many in one neighborhood that's not part of the of the current process which is to say that anyone can pass the test that the applicant passed and put a we dispensary in my neighborhood with zero problem from this commission that's currently as it stands as I understand thank you sir thank you thank you hi Rochelle Cabarita my house actually the backyard the wall is facing okie we've been in our property for over 25 years and from that time and I know the city's grown and all of that but okie has not and you've got people I shop at that Plaza all the time and and they're always gonna go take the okie because it's easier especially from the left-hand side my problem is we've always got cars and motorcycles and trucks so loud going down and racing easily 50 miles an hour we do are getting a sty a streetlight but it's really not helping and we'd like some actually some road bumps as well because it's pretty bad it's right there by the park my house is kitty-corner from it and it's just not peaceful and quiet like a nice neighborhood should be and it's because of all the traffic that's allowed to pass through so I would appreciate taking the traffic into consideration on okie as well and rainbow is just generally a mess I didn't write anything down I just pose to the marijuana store and I I do not like the traffic that goes up and down okie already thank you thank you please state your name for the record sir my name is drew shoe back I live at 1,400 Casa del Rey court this is with inside the yellow circle I just want to reiterate you know what my neighbors have been saying that we are Viet Lee opposed to the marijuana store there's an issue that hasn't been brought up that I could say that you know there is a bus stop just north of where the store is and jaywalking is a serious problem day and night going to there there's a few on there there was a traffic accident where a pedestrian was hit right there on Del Rey about a year and a half ago and it's just because obviously people aren't paying attention you know they're looking for things they're there you know they might be under the influence you know we have enough problems with mr. D's motorcycle bar over there and I'm sure our neighbors can hear that we just don't need another little public nuisance marijuana Eagle legal any legal is all over the place and I don't see why we have to have just another outlet right here in our neighborhood I thank you for your time thank you sir Kyle Stevens I've lived in the neighborhood nearly 30 years appreciate your time appreciate the effort that you're making to see our viewpoint related to our overview of arguments against this application I think something that would be emphasized importantly is that there is a saturation of these businesses frankly in a neighborhood I can count for within walking distance of my home this would make the fifth the neighborhood traffic increase on the streets of Rainbow West okie and are a legitimate concerns neighborhood safety related to the increased traffic Regt along with the possibility of increased crime the poor placement of this proposed dispensary is that it would be in my in anybody and and it can be seen here on the map within general walking distance of Bonanza High School firemen park rainbow family park the Baha'i church the Church of Jesus Christ of latter-day saints the st. Joseph's husband a merry Catholic Church along with Jehovah Witness church again within general walking distance of this application in addition to a children's pediatric clinic in the same complex and again I would conclude with the saturation of this business in our particular area of the city of Ward one thank you for your time thank you sir if there's anybody else there's three mics come up Christensen two thousand home view court I'm opposed to the marijuana dispensary I appreciate this public forum I appreciate the time that you given our behalf we've been down here so many times fighting to protect our neighborhood against STRs and against marijuana dispensaries it is a saturation we have so many and I wonder about these older neighborhoods maybe people are moving out what's moving in I worry that we need to protect our neighborhoods from all these things that can come in and really cut the fiber of a neighborhood and I think this is one of those things and I appreciate your help in it I'm going to defer to my husband thank you that is my beautiful wife my name is Kevin Christensen I'm appearing for the homecourt Land Association and I just wanted to point out one substantive item you've heard and you probably have considered some of these comments as perhaps emotional perhaps not as substantive as as some of have characterized them in the past but let me just point out your ordinance it's under your unified development ordinance 19-point 16.1 108 subpart L and it talks about the special use permit determinations there are four parts of that or that have to be satisfied and it reads as follows in order to approve a proposed special use permit application the Planning Commission must determine must determine number one the proposed use can be conducted in a manner that is harmonious incompatible with existing surrounding land uses the the multitude of the land use in the area is residential there's no question that's where the the emotional appeal comes this evening Part D approval of the special use permit at the siting question will not be inconsistent with or compromise the public health safety and welfare or the overall objectives of the general plan now we are convinced that you have our health safety and welfare concerns in mind as you consider those two requirements for a determination and again the word is must determine at our meeting last week with the applicant they were very very kind to us and listened to all of our points there were 24 to 25 people who spoke at that meeting all in opposition all in opposition we've looked at the the written opposition's on file and I think last count that I saw there were at least 18 written opposition's and so for those reasons and the obvious deleterious effect that it will cause the community we ask that you respectfully consider denial of this application thank you Miss Christensen please state your name for the record Zann higher home view Court I just want to support the things that my neighbors have said our neighborhood has been unfairly burdened with these types of business we don't have the infrastructure to manage these we have we're a family neighborhood with parks and schools and churches and we don't have we are not able to handle the kind of traffic and deal with the safety issues that these things provide I think our neighborhood deserves the same kind of protection that other neighbors get I know the people that own these businesses live in Summerlin and if they want to put one up there by them sunderland then there they can go and do that in their neighborhood and I think our neighborhood deserves the same kind of protections that other neighbors deserve that other neighborhoods get and I support my neighbor made my neighborhood and wanting to keep it a happy family place without these kinds of dangerous things that come in thank you ma'am anybody else went public we should be heard on this item seeing none close to public hearing and allowing mr. Arno to every but okay well first off I want to thank all the neighbors for coming out I wish it was under different circumstances and we do hear what they're saying I just wanted to put a couple things on the record maybe ask for staffs input as well we continue to hear the amount of dispensaries in the area as far as we're aware there are three others and I'm just gonna give you the locations that I'm aware of and I'll look the staff to correct me if I'm wrong here we've got two in the county rainbow and Sahara Buffalo and Sahara and then one in the city that's the caterer in Charleston those are the ones were aware of it maybe I'm missing something but I just want to make sure I'm clarifying that for the board here there are a lot of unknowns and I understand this is a new business it is something that is now legal in the state we're abiding by all of the regulations and in fact it's less than 1,300 square feet this is a very small location we have on-site security we control every location we have with an iron fist we do not let anything any loitering in the parking lots I mean it if we continued to try to encourage these neighbors that they haven't already to stop in any of our other locations it's not what everyone thinks the last thing I'll say is you know the area that we're proposing for as you heard there is a bar across the street there's a liquor store there's an adult store it's Rainbow 120 foot section line road that's about as much as I can offer so I I appreciate everyone's time I appreciate all neighbors coming out and we asked for your approval thank you mister honorable but before I turn it over to Commission I just gotta ask so you you were gonna explain to us what went on in the neighborhood meeting can you do that now please yeah I can mean Brandon back up here too he ran the meeting so he's most equipped yeah we we held the neighborhood meeting last week staying in for the record I'm sorry Brandon Wiegand wi e GA nd held the neighborhood meeting last week again had a in my opinion very organized meeting went around heard everyone's concerns what I heard consistently were concerns about traffic which again I tried to sway Jo his concerns with the size of our facility heard concerns about safety there was a lot of you know emotional debate about the merits of whether or not marijuana should be illegal or legal those weren't mine to discuss again we passed the the ordinance and the laws on the books but to touch base on exactly what we touched in the meeting concerns about the neighborhood concerns about traffic concerns about I think there was concerns about our ability to expand concerns about the hours that we were opened and again tried to address those as best I could and if I may how many would you say we were in attendance is accurate about 20 24 to 25 do you the exact list some I'm getting nods so okay so we'll call 24 25 it was anybody there in support or were they all just against the whole 24 25 I think everybody that showed up was against we had some some individuals that work with our organization that showed up in support of when it count those okay thank you I'll turn it over to Commission and put in from the patient missional Rogan Thank You mr. vice chair first I just I do want to reach out to the neighbors and thank them for coming to the neighborhood meeting last week and coming this evening and spending your time when you could be at home with your family doing things that you'd rather be doing than sitting here I've sat in your seat many times before when we were fighting the special use permits for short-term rentals I was present in the Neighborhood Association in my neighborhood for a year I'm vice president now so I know exactly what it takes and what you give up when you come out here for these different meetings I also want to thank the the applicant for hosting that neighborhood meeting I think it shows dedication that that you do care about the community in which you seek to be a part of so this is a very difficult decision for me for those reasons that I said I stand with neighborhoods because my heart is with you when I sat down over the weekend to list out reasons for and against this dispensary going into this location however I went through the statutes I went through the ordinance mr. Christensen and my conclusion is that this location fits the ordinance and I know that's not probably what a lot of you want to hear so I want to explain my reasons why so that it's very clear as to why I'm supporting this application first this business meets all of the distance separations that are set out in the ordinance and in state statute that's very important to me we obviously don't want any of these businesses that are too close to churches and parks and schools and our city council and we the voters when we passed this law says a thousand feet or 300 feet and anything outside of that is fine and our City Council sure can change that if they so choose but this meets the letter of the law and is important to me second I think that this is not a too intense dispensary for the location I have looked at the other applications and other dispensaries that we've approved and this is smaller than most of those that we've looked at I agree that there are traffic concerns in that neighborhood my belief is whatever you see put in there is going to attract traffic to okie it could attract traffic to Delray those are separate concerns that we have in our neighborhood and that we all need to address through Public Works I also think that this use is consistent with some of the uses that we have in the area mr. Dees was mentioned but you also have Lee's discount liquor when marijuana was up for a legalization what was put forward to us was do we treat marijuana just like we treat liquor and the answer was yes and in fact the answer in the neighborhood surrounding this location was also yes I went back to the results in all of the four precincts that border this location the precincts that you all come from to the west of rainbow were just barely 50% to 50% there was about 5 votes difference just across rainbow it was more like 60% in favor of legalization so we have people in the neighborhood that support it we have a liquor store we have mr. Dees we also have a head shop that's located in the vicinity of it that sells marijuana related paraphernalia so I can't say that this commercial location is inconsistent with a marijuana dispensary my biggest concern is saturation and traffic I do agree with you that saturation is a concern that we need to have it's a big concern I don't want rainbow in your neighborhood to be marijuana's Road just like I don't want my neighborhood to suffer that same fate that question though is a question that has to come an answer that has to come from City Council City Council is the one that has to tell us that a distant separation of a mile or two miles or three miles is the appropriate one we can't draw that decision here tonight that's not our role it's a policy question and for that reason I'm not comfortable saying that your neighborhood is suffering from saturation without some guidance from City Council I also note that mapping out all of the locations in the dispensaries in Clark County in Henderson in North Las Vegas there are several neighborhoods that also suffer from having three or more dispensaries in the general vicinity speaking specifically about Sahara and Las Vegas Boulevard where there are already three within three-quarters of a mile and a fourth is actually before the City Council so finally I know you're not happy with the recommendation that I'm making tonight and my fellow commissioners can certainly chime in and have a different opinion than I do but this is a decision that I made that is based upon my thorough review of the area several times visiting that location and thoroughly reviewing other applications and other dispensaries that we have already approved through the Planning Commission and that are already been approved from City Council it's important to me for our neighborhoods that we are consistent in the decision-making that we have if we have already let a dispensary like Silver sage which is located near my neighborhood at Charleston in Decatur border a home share a block wall with a home it's very difficult for me to say based upon that precedent that placing a dispensary that borders a very large flood detention basin is inappropriate we've set a precedent with the decisions that we've made in the past and I'm not comfortable deviating from that and treating one neighborhood any differently than we've treated another neighborhood in the past so my decision comes from a sense of fairness and equity and it doesn't come from from anything other than making sure that all neighborhoods regardless of where they are are treated the same I do have some conditions that I would suggest but before I do if there's any comments from fellow commissioners mr. vice chair just a few comments I think you summed everything up Commissioner Broome when the big issues that I heard here from the neighbors tonight was the traffic the traffic is an issue right now before the dispensary is coming in anything that goes in its gonna add to that problem so that's something that that I would encourage the neighbors to reach out to the council person and let's work with Public Works in the City Council and see what we can do to alleviate any kind of traffic concerns somebody come up here tonight and I forget who it was saying they wish there's speed humps or speed bumps and their neighborhood know that something that city council has to has to approve this something that we can't do ourself but that's not what we're voting on tonight I am from downtown we have quite a bit of saturation in downtown and so I don't want to repeat everything that she already said but I do concur with your comments thank you Commission I just with chimed in before you make whatever motion you're gonna make I had the concern about the mention of hourly restrictions I'm concerned because if you shut that business what protection do we have in place that would circumvent any any robberies or thefts or you know vandalism or whatever I'm just I'm just worried if you put a cap on the hours then that person is gonna know this is the time to strike so I mean I'm not in favor of putting an hour restriction on it just because of that I'd rather see the 24-hour seven-day-a-week purity on that property than than not so I would ask you guys do you have a plan if you had restricted hours Brandon why again for the record WI eg a nd yes we we have active monitoring surveillance at our facilities 24 hours a day so even if the stores closed and staff has gone home there's active monitoring which means somebody's looking at our cameras monitoring for activities so they can alert and dispatch we anything that happens there's visuals so they can dispatch police or le oh thank you with that knife Commissioner Rogan I do want to discuss with you the restrictions or conditions that I think are appropriate for this location the first is you keep saying you're like your liquor store and I know that's what we voted on so your hours are gonna be just like the liquor store across the street Sunday through Thursday 9:00 a.m. to 9:00 p.m. Friday and Saturday 9:00 to 11:00 are you ok with that in other ways straight another condition is that you are going to have that 24 hours a day 7 days a week security system you're okay with that yes one of the concerns I had is that there are a number of vacant storefronts that are in the media directly next to your proposed business I would ask that any expansion of that business your business would be treated as a major amendment requiring a public hearing that's acceptable to us as well are you planning on doing any packaging at this location no city of Las Vegas precludes us from packaging on site okay I would like staff if I could ask a question we spoke earlier mr. macam and about a public or private review after 12 months did we have a conclusion on that give me one minute I'll be have to look at a staff report and see how that condition is written okay thank you I'll move on to the next one I've had a request from former commissioner Quinn that you your business comply with all the requirements of the Americans with disability acts will your business do so I believe we have to in order to get our CFO okay through you mr. chairman Commissioner Roman so if you were looking to have a required review placed on this application we would have to draft that as a condition if you'd like an administrative review you just tell us how long and then during that time we'll evaluate if there's any calls for service or incidents that would make it fail the required review would then bring it back to Planning Commission or if you'd like you have the option to set it as a public hearing before the Planning Commission so you have that option thank you I would like a public review within 12 months so that condition would probably read as follows a required review shall be conducted within 12 months of the issuance of a business license out of public hearing at Planning Commission thank you are you in agreement with all of those conditions yes those finders all acceptable thank you with that and make a motion for approval of item number 11 with the conditions imposed by staff as well as the special conditions outlined this evening all heard the motion please cast your vote and that motion passes mr. chairman this item is moving forward to City Council on September 18th 2019 thank you thank you very much Thank You vice chair moving on to related items 26 through 31 item number 26 abeyance GPA seven six five seven three applicant owner misty Rose holdings LLC at all for poss watch and request for a general plan amendment from GC to LIRR at 16 16 16 22 and 16 30 Sunset Drive Ward 5 staff recommends denial related item abeyance CEO and 76574 for possible action and request for rezoning from c2 to M Ward 5 staff recommends denial related item 28 abeyance VAR 7 6 5 7 5 4 pause fashion request for a variance to a 90 5 foot wide lot with 100 feet is required until out an 8 foot front yard wall where 5 feet is required 5 years of maximum allowed Ward 5 staff recommends denial related item number 29 abeyance SDR 7 6 5 7 6 4 posture and request for site development plan review for a heavy machinery and equipment storage development award 5 staff recommends denial related item 30 of being var seven six five seven seven four pause fashion requests for variance to allow an eight foot front yard wall where five feet is the maximum allowed ward five staff recommends denial in related item 31 of a SSD are 7 6 5 7 8 forepaugh special requests for a site development plan review for a heavy machinery and equipment storage development for five staff recommends denial Krishna Williams yeah mr. chair I just like to for the record disclose I've known mr. Barlow for several years and were actually members of the same fraternity however I do not believe that my independence of judgment is compromised therefore I will be voting on this side thank you for the disclosure Commissioner Williams get the staff report please mr. chairman the proposed general plan designation and zoning district is intended to provide for heavy manufacturing industries in locations where they will be compatible with and not adversely impact adjacent land uses the district is intended to be located away from all residential development in addition the proposed site development plans require variances to comply with title 19 standards because of the adjacent residential uses and the associated variances staff finds the proposed general plan amendment rezoning and site development plans to be incompatible with other properties in the area staff therefore recommends denial of all applications thank you thank you wonderful thank you Ricki Barlow for the record they'll be accessing Associates 3172 north rainbow suite 2 0 - Thank You commissioners for bringing this item back this item is before you on an abeyance at the request of Commissioner Williams who wanted to come out and look at the site to make sure that what I the message that I delivered at the last Planning Commission was exactly what he had an opportunity to witness in regards to these two particular developments before you two here today Missy rose as well as Tony Lopez as I share with you at the last Planning Commission meeting these two properties have been in operation for more than 15 years the same use and the properties around them 360 have been in use for more than a decade as well and the city of Las Vegas made the request that the zoning be brought up to speed and in accordance with city code because of the types of uses on all of the parcels 360 degrees around this particular site on Sunset on the east side it's the city of Las Vegas on the west side it's the county and on the county side as well as the city side all of these uses are not properly zoned and so what we're looking to do is is come into compliance as the city requested in order that the applicants will have an opportunities to continue to deliver the service that they've been delivering for more than 15 years on each one of these locations to the north of us is u-haul who will be coming in also although I don't represent them I do know that they will be coming in also because they are out of compliance as well as one of the manufacturers of sandwich sandwiches for a lot of these strip hotels they're out of compliance and they'll be coming in as well with the same application so you all will be seeing more applications on the city side of the street because all of the properties that are operating in this particular area are in non-compliant of the city's zoning and so what we're looking to do is upgrade the property by bringing in the appropriate landscape buffers I will be coming back just so that you will know at a later date asking for some adjustments of the landscape the interior landscaping on the south east and the north property lines but as of today we're looking to upgrade the property with the appropriate fencing as well as the decorative landscaping that we will be bringing as well as the curb gutter and sidewalk improvements along this narrow passage right at right near the corner of Rancho and Vegas and so I do want to thank Commissioner Williams for coming out having an opportunity not only to me with myself but with the applicant and hear from the applicant and actually see the operations that have been taking place for more than 15 years and as I mentioned at the last Planning Commission meeting that one of the applicants Mr Lopez was one of the key drivers in the expansion of u.s. 95 and i-15 working as one of the subs for Kiewit and so this is where they were storing a lot of their smaller vehicles for storage and so in order for him to continue to remain in compliance with the city of Las Vegas we we're requesting the zone change as well as the site development plan and the variances before you here today thank you very much this was noticed as a public hearing in from the public light to be heard in this item seeing no one I'll close the public hearing yes I do I would be remiss if I didn't mention that we held a neighborhood meeting and city staff was there and no residents came out but I did go door-to-door and speak with all of the County residents because there's no city residents on the city side of the street all of the residents are cata corner and around the corner from this subject property and they also basically stated that the operation was there before they moved in and so they were ok with it and so that's why I believe no one showed up to the neighborhood meeting in which we held with the appropriate zoning a notification from the city of Las Vegas and I believe that's why you see no one here in opposition of the request here today thank you thanks for adding that to the record I'll turn over to the Commission for discussion Commissioner Williams Thank You mr. chair so as mrs. Barlow stated visit the site twice actually because I wanted to make sure I did a 360 view of the site and again what's interesting is this is really if you look at the both the east and west sides of the street you've got you know like-minded businesses happening but this in my opinion this really jump starts cleaning up the area it's great and I think that the fact that when you look at the parking it's it's dirt weeds you know I mean just it's unsightly visually but at the same time there's significant investment by the owner being put in to really clean up the area that's correct and and the hope is is that this really jump starts continued cleanup in the area so I'm prepared to make a recommendation okay please do I'd like to make a recommendation of approval on item GPA seven six five seven three thank you as a motion on the floor please cast your votes please post in that motion carries Thank You mr. chair I'd also like to make a motion for approval on item z0 in 76574 there's a motion on the floor please cast your votes please post and that motion carries like to make a motion for approval on item SDR seven six five seven six there's a motion on the floor please cast your votes I'd like to make a motion by Commissioner Williams I'm sorry I think we still have okay that motion carries that was seven six box of them like to make a motion for approval on item SDR seven six five seven six thank you is a motion on the floor please cast votes please post when that motion carries like to make a motion for approval on item seven six five seven seven please cast your votes item number 30 please post that motion carries and I'd like to make a motion for approval on item SDR seven six five seven eight thank you there's a motion on the floor please cast your votes please post in that motion carries mr. chairman those items were moved forward as City Council on September 18th 2019 September 18th 19 September 18th September at 180 Thank You mr. chairman if I may I would like to congratulate and welcome Commissioner chata to the dais Thank You clarify with the clerk to make sure that you got the vote on var seven six five seven five yes we have it as a proof subject to conditions thank you great okay moving on to item number 36 abeyance meet our seven six six zero one applicant owner denude asustor and Laura st. James for a possible action request for our Behrens till I was 16 foot tall perimeter wall where 12 feet is required to allow a 13 foot tall front yard wall fence where maximum of 5 feet with a two-foot solid base is allowed in to allow a corrugated metal fence where such building materials are not allowed 325 Falcon lane Ward 1 staff recommends denial we get the staff report please mr. chairman no evidence of a unique or extraordinary circumstance has been presented in that well Kent has created a self-imposed hardship by constructing a perimeter wall with unapproved building materials that exceeds the maximum height allowed staff therefore recommends denial of the application please note that there are additional letters of protest since the publication thank you thank you is the applicant here tonight on item number 36 I don't see our applicant Commissioner Rogan Thank You mr. chair the applicant did reach out to me the applicant was unable to make it this evening and I told her would be fine if she didn't come this evening because she was here last time okay okay this was notice as a public hearing anyone from the public like to be heard in this item seeing no one in the public I will close the public hearing and turn over to the Commission Commissioner Rogan Thank You mr. chair I disagree with staff in the regard that this is a unique circumstance in that this is a very hilly area a very hilly part of town and this location which is an older home in an older part of town has that substantial change in grade from one in from one part of the street to the other so I do think that a variance is warranted given the condition of the land for the height of the fence with regard to the metal I think that I would like to hear what my fellow commissioners have to say about this metal because the neighbors are split about ten and ten ten and support and ten against so before I make a final recommendation I do want to hear some comments from you folks yes mr. chair through you I mean looking at this I mean my my thoughts are the same as they were last month I I like metal and building homes with metal but this is a little bit too much metal on a fence when we're looking at fences in front yards and the face streets unless if we're on Ulta where we have 10-foot fences with landscaping and everything I don't think it fits I mean we have a our planning code that says front yard two feet of solid fence with max moment 30 foot of open wrought iron or something of the sort above it I remembered the very first Planning Commission meeting that we had some somebody come in and they had a fence that they put up and it was eight feet in their front yard it was solid block I hated it and and it was presented that well this poor little old lady couldn't couldn't didn't know any better and she had it put up and we shouldn't make her tear it down come to find out after the Planning Commission approved that that poor little lady had eight of these houses around town all of the same fence and it didn't look good that one has stuck with me this reminds me of the the same type of fence it's not as bad looking at some of the other fences that I've seen but it just doesn't it doesn't fit when we're trying to you know have the the front of your house open in those neighborhoods it kind of blocks up that home from the rest of the community and so I just don't feel that that's right and it won't see my support for those reasons thank you just well the the architectural design is is pretty cool in nature I got a I got to tell you I'm just it looks like a barrier and it really sticks out and we're talking about a corner lot in a and one of the more historical neighborhoods in town right it's been there a long time and I mean clearly you can't even really see what's what's happening there and just it's just not a good look and it looks like a major barrier to me Thank You commissioner I was in push in Tucson yeah I look at everything as though I'm walking out my front door and how I would feel if I had to look at this every day and I can tell you I don't think it is harmonious or compatible I just would not want to look at it I know there some of the neighbors have called me and said they wouldn't want to look at it all the time either and I I realized that these these ladies put this up with all good intentions but like I said I just wouldn't want to look at it and I can't vote for something that I personally wouldn't want to look at so you won't have my support on this Thank You Commissioner Tucson Vice Chair - Sophia Thank You mr. chairman the question I have is for staff so if it was to recommendation for approval and from what I understand this wall would need to be engineered in order to even stay up so let's just say we said yeah we're good with it and it moved on and the they have to they have to have engineering done and if the engineer or basically that old wall couldn't support the weight of their new existing wall weight at that time even though we made a motion to approve it would it then be forced into being tore down dude - it it's under and over I'll excuse me under engineered through you mr. chairman so if if it can't be permitted be a building permit that fails to meet life safety restrictions and therefore wouldn't be able to be to exist any further it would be told to be removed they could come in with an alternate material if the alternate material or alter or reconstruction of the wall meets construction standard for building and safety then the approval for the wall height would still stand unless the wall came down and it took them over a year's period of time to actually build it okay thank you and commissioner Rogan I'll just add on I think there's just too much hardscape there personally I think they did show some pictures in the past where they hadn't even talked about it last time about having some greenery that kind of grows on it and I like to grow plants and most of my plants die so you know even if it is the corrugated metal I think you know it easily could be that a year from now or two years from now or three years from now not the lush picture that was presented to us I have no problem with the height I have no problem with them going but I think just a different style of I'll go back to you thank you I think based upon the comments this evening although I met with these folks and I really like them I think that the consensus and I agree is that this is an inappropriate offense I don't want to split the request for a height variance with the request for the materials differentiation so I would just at this time make a motion to deny item 36 var seven six six zero one okay there's a motion on the floor please cast your votes please post and that motion carries okay moving on to items number 37 30 years mr. chair yes excuse me sir yeah do you want to know mr. chairman so that action is final unless appeal to the city clerk within 10 days missing I just think she had a correction on her vote you can just orally said mr. Chung I'm sorry I'd like to vote in favor of the denial thank you can we share chatter okay that Snowden will move on to item number 37 38 37 var 7 6 8 1 6 applicant owner Anthony drug for possible action or request for the variance to allow zero foot side yard setback we're 5 feet is required for an existing 1261 square foot accessory structure class two detached 8 structure at 68 eighty Unicorn Street Ward six staff recommends denial related item 38 su p seven six eight one seven applicant on our Anthony J Road for possible action on a request for a special use permit for proposed 1480 square foot accessory structure used at 1680 Unicorn Street Ward six staff recommends approval we get the staff report please mr. chairman staff finds no evidence of a unique or extraordinary circumstance that has been presented in that the applicant has created a self-imposed hardship by constructing an accessory structure class two detached shade structure zero feet from the West property line without proper building permits therefore staff recommends denial of the proposed variance request however the proposed accessory structure class 1 casita structure that provides living quarters including full kitchen facilities adheres to all title 1906 development standards in title 19 12 minimum special use permit requirements and has been deemed suitable for the subject site therefore staff recommends approval of the special use permit with conditions please note that additional letters of support and protests have been received since publication thank you thank you very much name is Larry Sanchez 7840 for sewing Brook Street engineer on this project staff we are asking for some sort of forgiveness in this my client purchased this house and the casino structure was already there and we're asking for a special use permit to allow a stove inside for that but as far as the shade structure up against the property line the shade structure again is to the neighbors just adjacent to where the zero setback is and we received some letters of support and along the adjacent side will the back of the casita is that's what I have here thank you would you like to turn those in for this thank you the casitas made out of EMU block so it's non combustible material the shade structure is also made of corrugated metal you know wrought iron poles again non combustible but they have we have things in the backyard for protected from the weather that's why we have it there okay thank you very much this has notice as a public hearing anyone from the public like to be heard on this item seeing no one will close the public hearing and go to vice-chair to sell you Thank You mr. chairman I too have received phone calls and support and you know that was my big pet peeve I had no really no problem with the structure I had no problem with the caseta just because of the fact that these large slots in a rural neighborhood and I passed it all the time to be honest with you I received support and my main thing was if the neighbors were okay with it I was okay with it unless anybody else has any other comments I'll entertain a motion to approve agenda item number 37 var 7 6 8 1 6 thank you there's a motion on the floor please cast your votes please post then that motion carries a mr. chairman I'd also like to make a motion to approve su p seven six eight one seven item number 38 thank you is a motion on the floor please cast your votes please post and that motion carries mr. chairman those items are final action unless appeal to the city clerk within ten days thank you thank you and before yes with regard to item 36 I was remiss in not directing Commissioner rogen to possibly advise with regard to a teardown date of that particular offense so he denied that the action so we can go back to that and maybe the clerk can just we can reopen it and just add a date you think would be appropriate for them to remove the structure okay do you want to go through the public hearing process again number 36 var seven six six zero one this wrapkin owner denude asustor and Laura st. James Commission Rio Grande you have a preference on a time frame I'm willing to give them 60 days from tomorrow so 60 days we don't need to have a we'll just add that to the original motion if it's okay perfect thank you thank you thank you Commissioner Lee all right moving on to items number 31 39 through 41 thanks 39 var 7-6 903 applicant Jose bar owner 28:51 North Rancho LLC for possible action on a request for a variance to our 35 parking spaces where 146 spaces are required at 2851 North Rancho Drive Ward 5 staff recommends denial related item 4 TsUP seven six nine zero four four possible request for a special use permit for a three thousand four hundred and seventy square foot liquor establishment and a five thousand twenty-five square foot outdoor seating area with a waiver to allow 638 foot distance separation from a church where 1500 feet is required at 2851 North Rancho Drive see to zone ward five staff recommends denial and finally related item number 41 SDR seven six nine zero five four possible and request for site development plan review for a proposed five thousand twenty five square foot five thousand twenty five square foot outdoor seating area addition to an existing 3470 square foot commercial building ward for Ward five staff recommends denial Queen the staff report please mr. chairman the subject site is zoned c2 general commercial and a subject to title nineteen development standards it is home to an existing liquor establishment tavern use purple approved by the City Council in 1995 since its initial approval a church was established within the required 105 1500 foot distance separation area as such the tavern has been deemed classified as a non-conforming use which has a maximum expansion size of 50% and was unable to request any changes that would require approval of a variance the existing use is three thousand four hundred and seventy square feet which would allow maximum outdoor seating area expansion of 1735 square feet the applicant now proposes to expand the current tavern use with a five thousand and twenty five square foot outdoor seating area per the submitted justification letter this area would be utilized to host outdoor events such as cornhole tournaments in order to expand the outdoor seating area greater than the allowed 1735 square feet the applicant requests approval of a new special use permit with a waiver of distance separation from the existing church the applicant also requests a variance to allow thirty five parking spaces where 146 would be required while there is no new permanent structures that are being proposed whenever the outdoor events will occur parking spaces located at the rear of the site will be blocked off due to the Associated variance for parking and distance separation waiver staff recommends denial of all requested entitlements if approved the original special use permit will be expunged if denied the original special use permit will remain intact which will allow for a maximum 50% expansion of the subject use on the site please note that additional letters of support and protests have been received since publication thank you thanks you can add your name and address to the record please evening my name is Joe signor addresses 28:51 North Rancho a drive I own Joe's Bar and Grill thank you you tell us about the application so one thing that we do at Joe's Bar is we have a cornhole League and we've done it since I've been open which is about a year almost a year and a half and it's something that we do because our customers love playing and it's something that I think makes me different than any other bar in that area the numbers are a little bit exaggerated I don't need that much square footage in order we have a corner league that plays every Thursday we have 44 people that come out and play basically we use up 8 parking spots I need an area 72 feet length by 35 feet yes we will use up 9 parking spaces we currently have 53 that we use now so that would knock us down to 44 but like I said we've been doing it for a year and a half and parking has never been an issue our customers either walk to the bar carpool or they take lyft and uber but I would like to have that area where we play in the back of the behind the bar you can see it see it on the map here that's where we play and the reason why I'm here today is I would like to be able to serve alcohol why while we play ok thank you Joe this was noticed as a public hearing I went from the public liked to be heard seem known I will close the public hearing turnovers the Commission for discussion Commissioner Williams Thank You mr. chair mr. signor the fact that we've got served [Music] requests here three requests and you'd like to change use and I understand you don't need the entire five thousand square feet for cornhole which is a pretty cool game I like it myself are you open to having me come out and us me and really understand this because I'd really like to to visit the site sure sure yeah any time just let me know when I'm there every day yeah so mr. chair I'd like to hold this in abeyance for 30 days if I could please okay and yes I just have one question for staff the the previous events were those done with like special event permits is that how it was done previously yes the the working with the planning department the short-term solution was to get special event permits for twenty-some dates which we are using now okay and then isn't there like an annual thing that a person can apply for with special events and then they just come to the city and say we're doing you know the first Thursday of the month mr. chair I believe that general rule is just a maximum of 24 events per year I don't believe there's another rule okay maybe because I felt like first Friday was under that same set up but you know they were only doing that once a month yes mr. chairman threw you just a comment for the applicant and maybe for Commissioner Williams you know I played quite a bit of corn holding my time as well I have a couple of wards sitting in my garage it's a cool sport especially at a bar and just looking at the houses directly behind you look at possibly prison I mean coming up with some hours that you think would be appropriate for that we do we start at 7 p.m. and usually finished by 9:00 sometimes a match will go into 9:30 but it's not later than that all right Thank You Commissioner Rogan Thank You mr. chair sorry in your application you said it's a 12-week season so you're only really doing this 3 months out of the year well no we have we usually have three three seasons so after a season is over then we'll take a couple of weeks off and then we'll start the next season so it's really 36 times that you're doing this in a year okay all right thank you it's a majority of the year yes okay all right Commissioner Williams I believe has requested for an advance of 30 days and I believe the Planning Commission do can do that one time is that correct yeah so is that your motion Commissioner Williams yeah it sorry I'm like a motion I'd like to motion for an abeyance of 30 days on item 38 I'm sorry item 39 seven six nine zero three item 47 six nine zero for an item forty one seven six nine zero five and that's to the September 24th meeting commissioner yes sir okay thank you and your agreements with the advance yes okay thank you there's a motion on the floor mr. chairman 30 days would be September 10 tax my apologies incorrect September 10th okay there's a motion on the floor please cast your votes please post and a motion carries thank you Thanks all right moving on to item number 42 this is a cannabis application I will be abstaining for a minute my family's in the cannabis industry and turn over to vice chair to salvia mr. vice chair yes I just would like to go ahead and start off with the disclosure that I've worked on bill many production cultivation dispensaries in the past this won't affect my independence and judgment I don't have any ongoing business with this applicant were never had any business with this applicant to my knowledge thank you it's all being on this matter thank you very much item number 42 su P 7 6 8 9 to special use permit public hearing application lone mountain Partners LLC owner am an ink for possible action for a request for a special use permit for proposed 3784 square foot marijuana dispensary you said 50 to 40 West Charleston Boulevard staff report please mr. Commissioner the subject side is zoned c1 limited commercial and his subject to title 19 development standards the applicant proposes to operate within an existing 3784 square foot commercial building no new structural development is proposed at this time there are no confirmed protected land uses located within the required distance separation area however there is an existing martial arts studio which serves adults and children equally located within the required distance separation area the subject site complies with all minimum distance separation requirements set forth by title 19 12 and therefore can be conducted in a and harmonious manner with the existing surrounding land uses therefore staff recommends approval of this request with conditions please note that additional letters of support and protests have been received since publication thank you thank you please state your name for the record good evening J Browne 5:20 South 4th Street representing the applicant and as stated by staff and yourself the applicant is requesting a special use permit for a proposed marijuana dispensary use with an existing commercial building at 52 40 West Charleston in a c-1 zone access to the dispensary will be through Charleston Boulevard a 100 foot primary arterial we meet as you heard all the requirements staff has recommended approval and we'd appreciate your recommendation approval as well thank you services notice there's a public hearing does anybody from the public wish to be heard on this item seeing none I'll close the public hearing and turn it over to Commissioner Cogan thank you mr. Brown good evening good evening you heard the conditions that I put on the previous applicant on item number 11 do you have any problems with similar conditions frankly I I was very clear on the hours of operation but if you would go over those certainly I accept the hours of operation that you did previously okay so the condition that I was interested in first for the hours of operation or Sunday through Thursday 9:00 a.m. to 9:00 p.m. Friday and Saturday 9:00 to 11:00 it's agreeable all right you'll provide 24 hour a day 7 day a week security agreeable any expansion of this business will be treated as a major amendment requiring a public hearing agreeable he'll have a public review before Planning Commission within 12 months of obtaining your business license frankly of course we'll accept whatever the vote is but this is not controversial like that item was and as mr. Lowe's Dean's suggested you had some alternatives and we think administrative review here would mr. Brown had 18 protests and one support until I heard that it wasn't read into the record if you look at the staff report yeah had it was zero with this hundred and forty-eight notices and teen associations it's it's your motion are you agreeable to it I can't speak on behalf of my client we're gonna accept whatever you say I mean I'm I did have a question for you too before I proceed the garbage bins that really are on the other side of the the wall from this residential neighborhood what kind of materials are being thrown in there anything related to marijuana anything that would cause an odor or stench other than normal garbage and we heard that was a concern I I drove there and unlike some other places that you referred to the residences are across Alpine so and they can't even see it I mean again odor goes overseas oversight but I don't foresee any problems at all with that and I'll make sure that they know of your concern so to be no disposal of any marijuana related right I guess any marijuana or marijuana paraphernalia that would have a stench in those bins correct that's correct it Logan all right those would be the conditions that I would I would suggest and I'll turn it over to my fellow commissioners if they have any comment mr. vice chair just it seems like mr. Brown and Commissioner Brogan are in agreement on these hours of operation just in general and I'll go along with that as well but just a general comment as I see dispensaries in the future you know we we live in a 24-hour town not saying that we need to have them open 24 hours a day but I remember Commissioner Toussaint making a comment on a past application that it was brought up that you know what happens if people are going there at one o'clock in the morning well some people work different hours and you know work 24 hours a day so I cutting off a dispensary at nine o'clock I don't know if it's necessarily appropriate I'm not gonna same thing on this application seems like every wouldn't say in agreement on that but moving forward we need a unless of its you know adjacent to houses or if it's gonna cause some sort of other disturbance or something but on a commercial corridor people are coming in the front typically they're leaving out the front and it doesn't really I don't see how the hours will really affect anybody thank you Thank You commissioner anybody else wish to be heard Commissioner to sorry yeah I I will support this application but I do agree with Commissioner slop man I grew up in this town my parents work its graveyard they work swing a lot of people work different hours if this is what the will of commissioner Brogan is to have hours I will support that but I think in this location and with how we live and what people do in this town typically I don't support ours I really don't but you will have my support on this Thank You Commissioner toussaint Commissioner Rogan I mean if the will of this Commission is not to impose limitations on ours at this particular location I'm a right to that but my concern as I expressed at item 11 was consistency and predictability and that's why I was looking at imposing this condition if that is not what others want on this and willing to modify that and remove it mr. chair it's like you know each lane in for Commissioner broman each land use decision is special and unique based upon what's developed around it so in certain instances we have Walmarts that are open 24 hours and others that are more close to neighborhoods you may have less hours so depending on what's around it you're able to justify whatever conditions you want to place on it based upon what's currently developed around it if this was a more industrial area maybe 24 hours would be okay if it's more residential area maybe the hours would be limited hours would be okay so really just based upon your reading of the background information was currently developed in the area you're able to place whatever conditions you feel would mitigate any secondary effects this particular application and they can be different from dispensary to dispenser Thank You mr. vice chair I thank you mr. sky I do have concerns given that this retail location is very close to that neighborhood just on the other side of Alpine and I understand that there is that Street that is separating the tube but I do think it is appropriate that we have those hours and just down the street with the silver sage medical marijuana dispensary what was a medical marijuana dispensary I believe that's 24 hours a day seven days a week and and I don't like that at all considering that it's similarly bordering this residential neighborhood so that's why I suggested - it suggested it and that's would be my preference but as I said if if there other comments saying that that is inappropriate I'd be willing to amend it all right hearing none I would make a motion to approve item 42 su p 7 6 8 9 - with staff conditions as well as the other special conditions laid out here this evening and that motion passes thank you very much mr. chairman that item will move forward to City Council on September 18th 2019 thank you thank you moving on to item number 44 s d r7 688 applicant owner SquareTrade Holdings LLC for posturing request for site development interview for proposed eight unit multifamily residential development with waivers to the downtown Las Vegas appendix F parking and landscaping requirements at 6:38 and north 9th Street Ward 3 staff recommends denial we get the staff report please mr. chairman the proposed 8 unit multifamily residential use is permitted in the are three medium density residential zoning district the subject site is currently an undeveloped parcel located within an existing residential neighborhood while an apartment building is an appropriate use the submitted 8 unit apartment building is excessive for the size of the parcel waivers have been requested to allow six parking spaces where 12 spaces are required to allow a zero foot landscape buffer with along the north and south property lines where six feet is required and to allow a zero foot landscape buffer width along the east and west property lines where ten feet is required due to the proposed parking and landscape buffer waiver staff finds that the proposed development is not appropriate for the subject site that's submitted therefore staff recommends denial please note that additional letters of protests have been received since publication thank you thank you can I get your name and address for the record please Charlie Kong came-- 4345 Corporate Center Drive Charlie can you spell your last name for me please co n Co B why thank you can you tell us about the application yeah we had purchased this property we had changed it from a public facility back roughly a year ago things like that to to mix use so we are trying to it's on the uplift at that area a community that's close to Fremont Street district so within a quarter mile we feel that with the you know parking Weaver with a mass transit that is close by as well that it warrants that were the the parking there should be other there pictures in there as well as far as that that you there the alley that's on the back side parking there that would be putting parking across there and you know certainly there's there's parking that has people kind of parking on the on the west side which is on ninth Street and the alley with it they that they back up but we're hoping to be able to build our eight Plex building there and uplift a neighborhood okay thank you very much this was noticed as a public hearing anyone from the public like to be heard please come on I could just have you step aside I'll need your name and address to the record please my name is Alberto Gonzales I live in a 712 North ninth Street I think that they a build any apartments on their little 7,000 square feet it's too much I'm not the only one I talked to my neighbors which are the owners of the houses and they're not okay with this I mean there's not enough parking and like I say I mean I rather I don't know if what's worse is having the marijuana we're having this apartment because two blocks are behind on nine there's a complexes of four in six apartments and there's a bunch of trawlers are always pretty bad pretty bad so it's not as a residential oh you know we just I just bought my house they're like couple months ago and I know all my neighbors all alike labels in their houses and then they're like you say they're gonna park on 9th Street which is looks really nice wide-open street no cars and I know that police station is right in front but doesn't I mean they're not gonna they're gonna bring more job to them I mean it's just one thing kind of simple I have all the information of my neighbors which are their owners and residents of the houses and they're not ok with this and I hope you guys can help us too okay thank you so much thank you mr. Gonzales thanks for coming out anyone else like to be heard see no one else I'll close the public hearing I'll have you come back up if you'd like to have a quick rebuttal yeah what we have you spent some time you know walking you know that neighborhood we weren't aware of anyone that had any concerns there those that we had talked to you that are in those apartment buildings that are currently right adjacent to it they were they're happy because they're constantly trying to you know get those homeless folks and things out off of that vacant vacant property that's been there for quite some time and so they were they're happy with talking about new you know new construction building their lights as far as to light the the alleyway which there is really not much current light there at night and so that is that is our hope to give more more light to that their neighborhood and and not to not to draw any any more you know that that type of nuisance I guess but it's it's there to just uplift the neighborhood okay thank you I'll turn over to the Commission for discussion Commissioner Schladming yes mr. chairman through you I looked at this parcel and I know where this parcels at by Metro and I considered the waivers and so on and so forth I did reach out to the applicant and asked them you know on on the front instead of just having the four windows is there anything we can do to make this build them with better there's a lot of apartments in the neighborhood there's four Plex those six Plex is a Plex is you know not a lot of landscape and I see landscaping on this plan I know that we have a little bit of a parking variance that were requesting but I think we need to elevate the neighborhood a little bit and just putting the building end the way that you you have it designed I don't think is helping elevate that neighborhood does not help him revitalize that neighborhood so did you all have a chance to think about any kind of stone facade or anything popouts anything that you can do to kind of make this building look a little bit better from the street frontage yes we if you look here this is what the west facing your ninth Street there we had we had just had a neighborhood meeting on another site that they weren't happy with the stone facade that we put on the building they said it's to some early summer Linley so we said it's something to match more of more of the neighborhood and so we had put popouts here we kind of put this band across whether I mean we can certainly put you know stone across there but that was the feedback that we just recently got last weekend another meeting was that it was on Santa Paula that we didn't want this stone entry in archway that would kind of made it real nice and they said we want it to be more not summer than these so that's kind of what we were going there but we were certainly open to to add any additional architectural features there to you to the building for sure okay I appreciate that and I'm not gonna tell you to put stone or anything else because I'm here to design your project I just want to make something look better but I wouldn't see if there's any other comments if anybody has anything to add before we move forward with this and is that new that wasn't this this right here is new from when we just recently discussed and so talk with architect and we put these on there these pop outs around the windows and this band was was not there before it looks looks a lot better just with a little bit of color and just a little bit of pop out but we'll see if anybody else has any comments mr. Rogan thank you I agree wholeheartedly with with Commissioner schlattman I think that the original design that we were looking at was very bland and I don't think it's harmonious with a neighborhood when you say well look there's all these other neighbors that are kind of downtrodden and down on their luck homes and so I'm very concerned that you do uplift the neighborhood that you do add some landscaping in addition to what you've discussed here tonight do you have any plans to add that kind of landscaping so we're trying to get with with the walkways the way they are trying to get as much landscaping in there as possible with the open area so we're if I could just ask a question so we're looking at a very narrow band of landscaping there along the perimeter of the a Plex correct yes there's five foot setbacks there's two feet you know you know we have shrubs here then it goes to four feet on both sides of the parking areas on both both sides of the building thank you one question there's a there's a ad a stalling the bat correct Oren's in the alleyway yes it's a van accessible stall as well yes okay thanks yes mr. chairman based on the revised elevations and the testimony heard tonight I would be willing to make a motion to approve item 44 STR 7 6 8 8 8 subject to staff's conditions and subject to the revised elevation can we have that part of the record it's in the back apart commissioner slopping before you finish your motion I think bite sure to solve you not to make a comment yeah please I just it just to me it just it doesn't feel harmonious incompatible yes listen I'm the first one here to tell you I'm a favor any construction okay but it just seems like it's so over built to the point where you're talking about two-foot landscape buffers you're talking about not having a right parking why is so intense on that property there's not based on this what I'm looking at right now I mean there is not a square inch to spare is there a way that you can like tone this down a little bit and make it fit more into this community then this is right now cuz to me it looks like a tough shed with windows it looks like it does not fit I passed this place all the time I trained centers down there on Bonanza I go past that Metroplex probably ten times a day and this building does not fit that neighborhood I mean yes it's great new developments coming in but I mean you stuffed every square inch you could in here to the point where you don't even have adequate parking let alone landscaping and I don't think that's uplifting the community it looks like a prison camp so on this property is so I want to bring up another one but we are going through a couple with the city planning and on 9th Street you I guess we were trying to get as many you know that as far as parking spots you know they could because we know that we were already that we took off as far as on ninth Street you know I say if we took the park you know you know parking off there and put more or more landscaping you know it but that's also taken off more or more the parking we're only you know 50 feet you know wide on this on this this law to begin with I mean it's just pretty it's pretty narrow as so as far as the parking parking stalls we just you can only get so many parking stalls on that lot you know to begin with whether it's on the alley side or this or 9th Street side does it have to be that intense I mean how many units we talking here right now eight eight units and there's no way to cut it down to a four-plex and actually fit the neighborhood more ammonius Lee I have the adequate parking instead of just you know what this looks like it's like you know five pounds of you know what an attempt you know it just doesn't it doesn't look like if at least in my opinion it doesn't fit the neighborhood just like the person that stood up here and testified to that based on his neighbors it's just it just seems to over built to the point where you're you're asking for stuff that you should actually be putting in to improve this neighborhood not asking to have it taken away in my opinion I'm mr. chairman based on this and you know listen to the concerns of everybody up here when I asked applicant if they'd be willing to hold this for 30 days and meet with us and and we can take a look at the landscape and we're gonna take a look at the project maybe we can get this gentleman's number back here meet with with him and see if he can see if he has any helpful suggestions to get him on board and his neighbor on board I I don't think you're I I mean from me looking at this I don't think you're too far off from trying to bringing us a project that we can we can improve but I I think you could amount to massage a few things and make it a lot better project and I think the holding at 30 days and it will give us that level of comfort hopefully give us that level of comfort but if you would please reach out to him and you can reach out to me as well because I'd like to like to take a look at this on site with you and see we can come up with yeah I'm sure she's lovin if I could just add I went kind of back and forth you know from when I read it to hearing to hearing more than testimony and one of the things that jumped out to me is the backing out into ninth Street even though there are other cars or other places down the street that kind of do the same thing so I kind of got over that but one of my initial thoughts was why isn't this a four-plex and I will say well you know it's a you have a nice project and I think it's gonna be something that kind of kickstart something that happens in this area in this neighborhood just like your vision is to do so it is important I think for the Planning Commission to kind of look at it as a whole and hopefully started off in the right direction and to your point mr. chairman you know I looked at that same exact point of backing out into the street and I went back and forth on that if you remember recall my 11th Street Lofts I had a project where we backed out across the sidewalk onto the street and so it's not one thing on this project I think is everything that we just need to take a look at everything together and see what we can massage to if there's just a few things that we can do to make this a better project I think we'll be doing our our neighborhood and our neighbors had given them a level of comfort that we shouldn't be giving them so okay with that being said I'll make a motion to hold this item autumn SDR seven six eight at eight for thirty days to the September tenth Planning Commission hearing okay there's a motion on the floor please cast your votes please post and that motion carries right thank you okay thank you moving on to citizens participated no moving on to directors business forty five txt seven six nine seven three applicant owner city of Las Vegas for poss Western request to amend that development uses section of the town center development standards manual to allow Auto Sales showroom and valet parking uses and to provide for other related matters staff has no recommendation to get staff for please mr. chairman the proposed text amendment would add the Auto Sales showroom and the valet parking uses to the town center development standards manual the definitions and requirements for each use would be identical to those as they appear in Las Vegas Municipal Code title 19 the uses would be allowed in town center special land use districts comparable to the zoning districts in title 19 where the uses are currently allowed staff has no recommendation thank you thank you this was notice as a public hearing anyone from the public like to be heard on this item seeing no one I will close the public hearing turned over to the Commission for discussion I personally don't have any issues with the with the request I think this also gives like a hospital out there the opportunity to have valet on that area which kind of help stir this by sure to savio Thank You mr. chairman yeah this is pretty much falls out my ward and this is something that is well needed for the community so there's no other comment to entertain a motion to approve text amendment seven six nine seven three item 45 for approval thank you there's a motion on the floor please cast your votes please post in that motion carries and that will be forwarded to City Council an ordinance form Thank You mr. chairman that's exactly what I don't number 46 citizens participate participation public comment during this portion of the agenda must be limited to the matters within the jurisdiction the Planning Commission no subject may be acted upon by the Planning Commission unless the 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 a discussion on any single subject as well as the amount of time any single speaker is allowed may be limited this is a notice as a public portion can get your name and address for the record police or my name is Dean Smith I live at 48 33 nettie Avenue and I'm not certain I'm supposed to be here tonight for a meeting on a variance from the city and we've all got a notice in a mail I'm and I believe we're supposed to be here tonight am I in the correct spot and everything those were items that that was part of the one motion one vote in the agenda I'm sorry I don't understand we've been fighting this property for over 25 years and we need clarification on it and I don't know I loosely represent everyone in my neighborhood okay so mr. Smith this this was on the one motion one vote it was approved but it will go forward to City Council so you'll have an opportunity to go and speak and if you'd like to add some comments for the record now yes I would please do no be noted and additionally you can go to City Council to be heard as well all right I thought this was on the agenda so that we could speak our opposition to this yeah there was an opportunity to pull it from there but you know no one came up for those items so I I didn't understand I'm handicapped I left my reading glasses in my truck and I didn't understand I totally understand so if you'd like to give some comments for the record yes we've been fighting and I don't understand what the variance request is what is being asked for to be built on this property can you clarify that for me please mr. chair for the record could we maybe just call out those numbers for the clerk's of the thing - sure maybe the planning staff could briefly give a comment absolutely this is item 18 var 7-6 8-6 1 and related item 19 SDR 7-6 8-6 - I'll go to staff - Thank You mr. chairman so this is a request on the 3.9 acres at the southwest corner of Marion Drive in Harris Avenue as for a proposed park consisting of sports fields a tot lot an equestrian facility the subject site is in a civic zoning district and public facility land use designation there is some requests for relief from a little landscape buffer and parking lot landscaping that is required which is supported by staff and that pretty much sums up if there's specific questions we have the if you want to see what the design is in the book we do have the back materials available for you to okay I basically understand what was requested several years ago when we denied this request for a city park and I took a petition and I had it signed by about 80% of the residents in this entire neighborhood and we all asked at that time to be left as is as an undeveloped area mainly because the streets that are involved in it the school that is on Harris and Marion there's a very severe curve Marion and Harris dead end and it into each other and 25 years ago a developer wanted to develop this entire area into he wanted to change the zoning we're all on half acre estates in that area we all have horse property and we wanted to leave the property as it was undeveloped for the horse people now the property that is left this 3.9 acres it's basically a landlocked property at the curve on Marion and Harris it was already rejected to put in a street cut there for the developer 25 years ago it was rejected by city so the only other legal way into the property is Nettie Avenue which I live on there are it's a very short street there's only two residences on each side of the street and then that Street dead ends with concrete buffers so at the time we requested not to do anything with the property because all the traffic that was going to go into this recreation park was gonna have to come down Nettie Avenue which is undeveloped it there's no streets and gutters because it's horse property and the horses travel up and down the side of the streets okay having said that I gave the petition to Bob coffin the former representative for our area and evidently at that time we understood that that was no longer going to be developed okay they wanted to put in the the baseball fields the soccer fields and all these other things well right now there's that part being developed on Washington which is two streets away it's a major park that's going in there for soccer baseball whatever it's nicely developed it's coming right along and also the school that's right there on Marion and Harris they already have those same amenities so to waste money on this landlocked property just doesn't make sense so I would like to take that into consideration that you're dealing with a landlocked property that oh yes I'm sorry I'm gonna ask you to wrap up on the comments we did yes I understand and you will have an opportunity to be at City Council - okay go on record with these very specific things that you'd like to discuss one other thing I'd like to say is all of us property owners that are in this area here we were not notified everyone was not notified because I went around to quite a few residences and they were not notified of this meeting tonight on this agenda so okay this goes to City Council on September 8th okay okay and friend and city it'll be from 11:00 a.m. on on the agenda so the best thing to do is to either go to the website or come back to City Hall and receive an agenda you can see where it's at on the agenda but all right will we be notified with one of these circulars through the mail I don't believe there's another card that goes out after the initial mr. Burris no there's no additional notification this is the medication this is the notification yeah okay well in conclusion we would lot not like to have this property developed anyway it'll put a lot more traffic on our city on our streets because of the school already we're already fighting traffic with that we can I get speed bumps put in we can't get the traffic slowed down on these your residential streets okay we do not want anything to do with this property thank you mr. Smith thank you thank you I appreciate it anyone else like to be heard hi James Reynolds 122 binary Drive I was here too on behalf of the applicant for the consent item number nine so I might have just missed it I didn't know if I was supposed to agree to staffs conditions or that was a consent was yeah thank you thanks have a good night