good evening everybody we're gonna call the meeting to order this meeting has been properly noticed and is 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 customers of sensory leaking Cox Communications can view this program in high definition on channel 1002 and in standard definition on channel 2 you can also watch this meeting live on Apple TV Roku and amazon firetv on the go vegas app the Planning Commission meeting as well as all other KC LV programming can be viewed on the internet at wwlp.com and the web the Saturday of the meeting at 10:00 a.m. Monday at midnight the following Tuesday at 6 p.m. with everybody please stand for the Pledge of Allegiance okay madam clerk can you please call the roll charity Savio president vice chair schlattman present Commissioner Jarry president commissioner Toussaint present Commissioner Williams present Commissioner rogon present Commissioner Chadda present thank you thank you madam clerk to the public I call your attention to the information provided in your agenda concerning our actions and the appeals and review process if appropriate please read this carefully and if you have any questions staff is available also for the second page of the agenda contains the rules of conduct we appreciate your adhering to these rules so we can have a smooth meeting next agenda item would be public comment there's anybody from the public wish to make a comment on anything that pertains to the action items seeing none I'll close the public hear anything okay thank you moving on to agenda item number 5 for the possible action approved the final minutes of the Planning Commission meeting for April 14 2014 Commissioner slaughter moved to approve April 14 2020 plan to Commission minutes okay you all heard the motion please cast your vote and that motion carries mr. chairman if I might before we proceed can we really quickly just for the audience that may be viewing just review how we're doing public comment today since we are still doing the remote public comment just so that there's no questions about that as we get to our public hearing items okay so what we're doing is I'm going to take public comment after the presentations done I'll open it up to public comment on the agenda items at that time anybody that's present will go first and then at that time when that's done I'll yield to the city attorney and he will then read if anybody had chimed in on line 2 to leave a comment on agenda item that we would be on at that time Thank You mr. chairman and then I'm just also note if we get any public comments that are received on an item after that item has been heard those comments will be added to the record they will not be read thank you okay moving on to item number six housekeeping for possible action for the Planning Commission staff and/or applicant wish to be stricken or held in abeyance to a further meeting may be brought forward and acted upon at this time so we'll move on to the housekeeping items mister are there any items that the commissioners or staff wishes to mr. chairman we have some housekeeping items the applicant wishes to obey item number 32 to the July 14th 2020 Planning Commission meeting this is the second FAS request for this item thank you thank you any commissioners seeing none Commissioner shopping and emotion yes chairman I would make a motion to hold item 32 until the July of 14 2020 plan Commission here thank you all heard the motion please cast your vote krishna chata i'm sorry i thank you and that motion carries ok now we will move on to consent items I would entertain a motion to approve items 7 through 9 however I have a on item 9 I'll turn to Eric I have an amendment MN member 7 and delete number 8 would you like to read that in a record please yes chairman staff alight to amend item number 9 condition number 7 to read prior to the submitter of civil plans provide a letter from the master developer or Master developers engineer to the Senate to sanitary sewer planning section of the Department of Public Works documenting how the total number of proposed residential units of parcels two point zero eight two point zero nine and two point one zero will connect to the public sewers in sky Canyon Park Drive and Sky Village Road and will not exceed the maximum number of units identified in the sky Canyon West waste water Master Plan Update dated july 2019 at each point of connection additionally we'd like to delete item number nine condition number eight thank you thank you is the applicant representative here for that agenda item if so please come forward state your name for the record and just let me know if you accept that Kevin bras and we do accept that thank you okay so at this time I will entertain a motion to approve item seven through nine yes mr. chair I'd moved to approve sin item seven through nine with amended conditions on number nine as referring to the record you've heard to vote please cast and that motion carries mr. chairman those three items on consent items seven eight and nine or final action this evening unless appealed to the City Clerk's office within seven days thank you next we're moving on to one motion one vote the following are items that may be considered in one motion one vote that are considered routine on public and public hearing items all public hearing and non public hearings will be opened at one time any person representing an applicant 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 the staff should request to have that item removed from the party from this part of the agenda go on to read these items it's lengthy so bear with me related items 10 and 11 GPA seven eight four zero two four the possible action a request for a general plan amendment from our RNP rural neighborhood preservation to medium density residential on the north and north and south side of Lamar che Avenue and Schumer Road Ward six staff recommends approval zero and seven eight four zero three four the possible action on request for rezoning from re residential States to our three medium density residential Ward stick six staff recommends approval related items 12 and 13 GPA 78418 for the possible action I request from a general plan amendment from service commercial to medium low density on the west side of James Bilbray Drive in smoke Ranch Road Ward 5 staff recommends approval zero and seven eight four one nine four the possible action on request for a rezoning from PR professional office parking to RCL single family compact lot Ward 5 staff recommends approval related items 14 through 16 mode-7 eight six zero six for the possible action on a request for a major modification of the approved Sun stone development agreement to establish - the design of the activated old park on the northeast corner of log cabin way and skyPoint drive Ward six staff recommends approval scp-784 37 for the possible action or request for a special use permit for a proposed excuse me supposed to use permit for a 5,000 zero 90 square foot resid restaurant with alcohol use with 1125 square foot of outdoor seating what six staff recommends approval SDR 78043 a for the possible action or request for a site development plan review for a proposed 16,000 381 square-foot community center and a 500 square foot guarding Ward 6 staff recommends approval related items 17 through 19 SC d 7 8 2 5 6 for the possible action a request for assembling major deviation to allow 14-foot tall walls where a 10-foot is allowed and 8-foot tall retaining walls where 4-foot is allowed at the northwest corner of Far Hills Avenue and Fox Hills Drive War two staff recommends approval V AC 7 8 5 9 7 4 the possible action or request for a petition to vacate public sewer easements generally located on the north side of Far Hills Drive west of Fox Hills Drive or to staff recommends approval TMP 7 8 2 5 7 4 the possible action on request for a tentative map for a 91 lot single-family residential subdivision and war 2 staff recommends approval var item number 20 VAR 7 8 5 4 4 4 the possible action a request for a variance to allow an existing six-foot-tall solid block wall gate in front yard where 5 feet with 2 feet solid bases allowed at 1806 West og Boulevard staff recommends approval related items 21 through 22 SCP 7 8 5 a 2 for the possible action on a request for a special use permit for a proposed carwash full service auto detailing use on the east side of Pecos Road south of Washington Avenue Ward 3 staff recommends approval Str item 22 SDR 78584 the possible action or request for a site development plan review for a proposed 6131 square-foot carwash development staff recommends approval Ward 3 I don't number 23 scp-784 9/4 proposed for a possible action on a request for a special use permit for a proposed 576 square foot tattoo parlor body piercing studio use at 1,000 South third Street Suite B Ward 3 staff recommends approval I remember 24s GP 78537 for the possible action on request for a special use permit for a proposed one 1,600 square foot tavern limited establishment use with a 5,400 square foot courtyard at 1500 South Main Street war3 staff recommends approval item number 25 sgp 783 5 9 for a proposed action on request for a special use permit for proposed 1495 square foot beer wine cooler on sale establishment use with a waiver to allow 8 138 foot distance separation from a city park with 400 feet is required at 75 75 Norman Rockwell's Lane suite 140 staff recommends approval Ward 6 item number 26 SDR 78589 applicant for a possible action request for a site development plan review for a proposed 441 unit hotel with waivers of symphony park design standards at the southeast corner of sympathy Park Avenue and Grand Central Parkway Ward 5 staff recommends approval item number 27 MSP 7 8 5 4 3 4 a possible action request for a major amendment to a previous approved master sign plan for an approved commercial recreation amusement indoor and outdoor development at the southwest corner of Sirius Avenue in Rancho Drive Ward 1 staff recommends approval item number 28 BAC for a VHD 7581 for the possible action on a request for a petition to vacate 30-foot public drainage and a public sewer easement located to east and property boundaries adjacent to carriage Hill Drive or to staff recommends approval through the chair if I may an item number 23 I live within the notification area doesn't affect me any greater or lesser I will be voting on it all right Thank You mr. chair on bottom 23 I own an urban lounge within the notification area but it's not gonna affect me any greater or lesser as it's a different different business type does anybody wish to be heard on these items seeing them up close the public hearing any we do not have any comments much thank you at this time I'll entertain a motion to approve yes that mr. Chairman I would move to approve items the one motion one vote items items number 10 through 2028 you've all heard the motion please cast your vote and that motion carries mr. chairman items 10 through 13 item 26 and 27 will move forward to City Council and be heard as a part of their agenda on June 17th 2020 I was 14 through 25 and item 28 our final action this evening unless appealed to the City Clerk's office within 10 days thank you thank you good evening Jennifer Levitch 1980 festival Plaza Drive I just wanted to check again it's my understanding excuse me that item 27 would be final action it is the master sine plan for area 15 I'm looking at my staff person will verify and if we need to make a clarification we'll make that before in the end of the meeting okay thank you thank you all right moving on to public hearing items related items 29 and 30 a bansuri notification var 784 39 for a possible action on a request for a variance to allow two wall signs which are 54 and 74 square feet where 50 square feet is a maximum area allowed to allow three wall signs that do not face a street frontage where one sign facing the street frontage is allowed and to allow a 12 foot tall 193 square foot monument sign where 8 feet and 60 square feet are the maximum allowed at 87 91 alter Drive War two staff recommends denial on item number 30 a bansuri notification MSP 7 8 4 4 0 for the possible action and request for a master sign plan for an approval multi-family residential development war 2 staff recommends the nominee have the staff report please mr. chairman no evidence of a unique or extraordinary circumstance has been presented and that the applicant has created a self-imposed hardship by proposing signage that exceeds the maximum height sign area and quantities allowed under title 19 point 0 6 development standards staff recommends denial of both applications please note that this project was obeyed and re notified due to an error in the original public hearing notification list while required notifications have since been made in accordance with NRS requirements please note that their additional letters are protest and supports since publication thank you thank you please state your name for the record good evening mr. chairman commissioners my name is Tony Celeste address 1980 Festival Plaza Drive here on behalf of the applicant developer and property owner colita development as you can see from the overhead here the property is about 15 acres it was part of a once larger Boca Park plan that included the 8 acres on the hard corner of rampart and Alta about two years ago around may be July of 2017 this body Planning Commission recommended approval of this project and ultimately by City Council through a revision or amendment to the development standards in Boca Park what was approved was a 359 unit luxury multifamily development if you've been by the site recently you can see and you can see from the pictures in your back up that it is construction is ongoing and the site is being developed as part of those revisions or amendment to the development standards we were required to come in with a master sign plan and so that is now the application before you what we have proposed are essentially four signs on the site the first sign I will discuss is the freestanding sign it is located right at the main entrance of Alta there as you might recall during the approval of this the entrance is actually farther to the west closer to the rampart Alta intersection as part of our development and improvement plans we relocated that driveway to line up with the existing stoplight there and across from Tivoli Village so that is the reason for the placement of the sign right at our main entry Rea it is compatible because it is facing the right of way across the street from Tivoli the sign you can see right here is only going to be about 12 feet in height the reason for the waiver is with respect to the square footage the reason we were exceeding the square footage is not because of the height again it's only 12 feet baby you can see because of the length of the sign it's spelling out the development name Elysian and we have kind of a fancy flared eye there and that is with respect to sign one the next two signs are I'll cover our signs two and three two and three are building signs there are wall signs these signs you can see from the site plan right here are located on elevation of building one and the parking garage of right here which is building or sign for can see right here's the elevation of each of these signs what's important to note about these signs is they are obviously facing west away from any residential they are facing the undeveloped to commercial they're facing towards rampart Boulevard those signs in fact one of them is is I believe less than what would be otherwise allowed and the other square foot with respect to square footage and the other sign is slightly over the square footage on that one and then the final sign is with respect to sign three can see sign three is located along our eastern elevation here what's important to note here is that while the residential is to the east that's about a hundred and ninety feet to the east in between this sign and the residential is an existing 125 foot berm that has lush landscaping that was one of the requirements of the approved development guidelines that we have to maintain keep that that's actually no build zone area so that is being maintained another important element about this sign is that it is at grade level so it is you know up you will not be able to see it and finally one of the other important notes about the sign is that it actually faces internal or west towards towards the towards the development so for multiple reasons you will not the residents to to the east will not be able to seen that see that from the inception of this project we have been working with our neighbors in particular the tuscany north HOA they reached out to councilman siemens office about this project through her office we have been providing them all the backup and details with respect to this my understanding is that they have actually submitted a letter in support of this and and do know about this sign package so with that i'm more happy to answer any questions you may have thank you this is notice as a public hearing anybody from the public wish to be heard on this agenda mr. chair we have several online comments okay seeing none in the audience I'll close the audience one and turn it over to the city attorney the first item is for the first comments from Tomas sherek of 86 28 grand Bank Drive he says I strongly oppose a request various codes and regulations are put into place to apply to everyone as well as all businesses asking for a variance of those is only acceptable in the special case where the code or regulation poses a severe hardship upon the individual or company if in for if enforced I see absolutely no hardship for this group to meet the code is written second comment is from Paul Turner the 86 28 hi acre Drive the dramatic increase in size of the monument sign facing altered drive will be distracting to motorists on Alta and distract from the established appearance of Tivoli across the street each of the other signs sign each of the other sign size increases will detract from the aesthetics of the apartments being constructed and the adjacent properties including West Mesa States as residences and resident as residences and residential neighborhoods the third comment is from Frank Johnson of 608 ampere Lane he says that signage that exceeds the limitation set forth by code are not necessary this project is already an eyesore for the surrounding area the area needs more beauty and aesthetics not commercial signage I cannot think of an any valid justification for a variance in this matter and the final comments from Sheila Johnson of 608 ampere Lane who just opposes the project in all related applications Thank You chairman I will defer to other comments before I delve into my own anybody else have any comments I'm seeing none okay I do note that the comments that we received from our online viewers and I am taking them into consideration however that being said I don't think that the variance would adversely affect the surrounding properties I think that this development is actually something that is needed in that area I think the project is going to be a beautiful project in line with tivoli in the Northeast Queensryche towers on the southwest and the golf course of course on the northwest I think that the signage is in harmony with the intent and the purpose of the ordinance and with that I would like to move to approve var seven eight four three nine cave all heard the motion please cast your vote and that motion carries moving on to item number 30 I would also like to move to approve MSP seven eight four four zero you've all heard the motion please cast your vote Commissioner Williams there you go and that mercenaries mr. chairman those items are final action this evening unless appealed to the City Clerk's office within ten days and then if I may if we go back to item 27 I have been able to verify that that actually was requested to be final action this evening so on item 27 that's final action this evening unless appealed to the City Clerk's office within 10 days thank you mister could we also make a clarification on an item number 19 apparently the city clerk indicated that the planning director said that it was final and less appealed within ten days it should be final action unless appealed within seven days on number 19 and I read it as ten days because that's what my notes say but you're right since it was final action it can be final within less and pealed in seven days thank you okay moving on to item number 31 advanced su P 7 8 3 0 1 for the possible action or request for a special use permit for a proposed 8390 one square-foot marijuana dispensary use at 59.91 West Cheyenne Avenue Ward 5 staff recommends approval may have the staff report please through the chair if I could quickly interject I'll be abstaining from this item with my family and iron the cannabis industry Thank You commissioner I just will make a disclosure that I have worked on a lot of these facilities in the past and I have always voted on on him I have never worked with this individual and I'll be a vote on this matter and thank you for that disclosure please state your name for the record sir good evening Ryan Arnold here tonight representing the applicant I got to say first I've never been so happy to be here it's it's been a couple months since I've been down here so I'm thrilled to see all of you strange times so I'll jump in here as staff indicated we are here tonight for a dispensary located at 59.91 West Cheyenne it's basically the southeast corner of Cheyenne and Joe there's an existing structure there it's roughly 16,000 square feet our intent is to use the front 8000 for the dispensary which give you an idea how we would use that about 3,800 square foot of that would be for space and the rest back of house and whatnot the second back half of the building the second 8,000 square foot would be intended to be our home for our executive offices we have operations currently in Mesquite and Wendover the principles are all homegrown here and live in the valley and their intent is to have their executive offices here in the valley a couple of facts I guess if you will about the facility itself the some of the typical concerns with these is security crime that kind of stuff this facility like all of their others will have 24/7 monitoring a very robust camera system lighting package as well as on-site security monitoring the place the there's also a concern to smell with these locations and I can tell you what this property or this particular applicant applicant all of their product will come in prepackaged so there is no chance and no concern of their ever being in odor I know there are some facilities or dispensaries here in the valley that actually do packaging on-site and so you do get that smell that will not be the case here I think it's important to note that the clientele that we see that our existing operations we're talking mid-forties and they skew right down the middle male and female to that point our principals have really gone out of their way I think to try and set the atmosphere on the interior as well as exterior but especially on the interior as you can see here this is our mesquite property you know if we try to liken it to somewhat of a high-end electronics store you know again knowing who our clientele is we want them to feel comfortable safe and we feel we reflect that in our layouts next I'll touch on the just so you have a quick glance of the site plan again Jones Cheyenne existing facility not a whole lot being changed because we've got the parking we need and whatnot when we go to the elevations we can touch on signage you know we all know here that the signage is regulated quite heavily by the city as well as a state and as you can see we try to keep it as tasteful as possible it's we're doing our best to blend those that want to find us are gonna know where we're at next thing is before I move on just we wanted to made it this far if we didn't meet all the separation so I'll just do that for the record and we hit all of our required separations for both state in the city and so again just want to put that on the record next is jobs how many people are we going to employ here at the front of the operation that is the dispensary itself we're looking at 40-plus and again I wanted in times like these I want folks to understand that what level of jobs we're talking about here we're talking starting at 26,000 year going up to 80 and there's room for development our goal here would be to hold a job fair and try to hire locally we want the community to be a part of this thing and then speaking of back house if you will the executive offices we need positions there so the same thing goes with the executive offices so next I want to touch on our history here when we first decided on this location we sat with the Commissioner that represents the councilmen that represents the area and in you know shared our intentions and the first thing he said was well I need you to go out and then they wrote I need you to speak with the neighborhood and and find some support so we had our first neighborhood meeting it was back I believe in February and the way I like to describe these I've done a number of these over the years very familiar with the the fears that surround this type of use you usually have three types you've got those are in support you've got those that are you know concerned have lots of questions still fearful and we noticed that if we can have conversations with them we can usually allay those fears then and bring them around now and then the third type are those that are just absolutely opposed to this type of use and we do our best to answer every question and to show what our intentions are with the neighborhood so after that meeting we actually had scheduled a follow-up neighborhood meeting on April 8th and then all the coab it's stuff hit and the Clark County Library District cancelled our meeting and so we were then supposed to be on your last Planning Commission hearing we didn't feel right coming before you without having some sort of communication with the neighborhood once again in these times we weren't quite sure at the moment what to do so what we did come up with was we did a mailer we did an eight-and-a-half by 11 mailer both sides what we tried to do is to address all of the concerns that came up at our first meeting as well as give some facts about our organization how we operate and just try to hit them with as much information as we could the important part here is that we also set up a email address and a phone number so if they had questions they could call in reach out to us and we could get back to them to that point we did have some action on there and I'd like to submit these with the the phone line we had six and support three opposed and with the emails we had four in support and to oppose all the communication is transcribed here so I'll hand that in so again this isn't the way we'd like to do it we would prefer to how to add a meeting and sat down with as many folks as possible but this is what we're left with so we're doing our best to try and communicate with Amber hood the other thing that we well let me go back to some of the questions that came up during that meeting not our first meeting and some of the stuff I've already addressed but I'll touch on it again safety security crime again we have a very robust security package the last thing we want to do is create an environment that's going to scare away our patrons knowing who they are the other thing that came up that we thought was a bit unique was pedestrian safety we understand that there's a number of assisted living facilities in the area and the big complaint we were getting was that look Cheyenne and Jones is already so busy that they're having trouble crossing the intersections so I reached out to n dot and to the city traffic engineer and said hey this is what's going on and guess what n dot had just conducted and then finished the study for pedestrian safety at that intersection and they are currently compiling I guess the results as well as the recommendations on how to improve the area so that's forthcoming in the meantime I talked to the city traffic engineer and said hey is there anything we can do with the side and with the crosswalks can we extend the time she said absolutely she looked at it and so that supposedly has happened so again we're trying to do what we can here I've touched on smell not an issue here advertising signage I touched on that and then there were a few neighbors that mentioned a vacant lot in the area that has been receiving all sorts of illegal dumping over the years and it's just a mess so that came up because we shared with these four in the municipalities where we already do business we do a lot of charity work now so we took it upon ourselves to go out and start the process of cleaning up the slide and as of yesterday I know we called away a ton of stuff there's still more phases more work to do but again this is us trying to show hey we do care we want to be good neighbors so that process has already gone under I've taken place so the other thing I'd be remiss if I didn't mention here is that question 2 question 2 is the law that passed here in the state that allows for recreational sales we feel it's important to get a sense of what kind of neighborhood we're dealing with so we pulled what the results were for question two an area it was a 63% approval so I think the public has spoken and I'm not using that as a hammer here I'm just using that as additional information we feel we've found the right location if you look at the proximity to residential you look at the intersection they all make sense and then the last thing I want to share with you all is that when we entered the two other jurisdictions we encountered some hurdles we encountered a lot of the known fears around this type of use and it was a struggle to get those approvals yet we're now we've been operating for some time both those jurisdictions and we've developed really strong relationships we proven ourselves we've done what we said we would do and to that point we reached out to our friends and said hey you know help us out here and so what I've got are seven letters from both mayors and Wendover and Mesquite's as well as said City Council members in both locations as well as a letter from the Chamber of Commerce in Mesquite just again touching on our character and who we are and I just I can't think of a better way to prove who my my clients are so I'd like to submit this I don't know they I submitted this to planning last week hopefully that made its way around and then I'd like to go ahead and conclude by bringing it up one of my principles just a touch on the company and the rest of the organization just give you a feel for who these folks are so Brandon Thank You Brandon Alison 62-38 Iowan Palm Avenue I am one of the founding members of deep roots harvest and you know we've got our name deep roots because most of the members of the company are native Nevadans we're not a big conglomerate we're not a big company that you read about a lot you know that's taking over a lot of a lot of this business we're homegrown with locals some of our other partners include Gary and Roger prim probably familiar with the prim name the developers of the casinos of State Line and the developers of the new york new york casino in conjunction with MGM Resorts so it's just the type of pedigree we're all business people I've been here in Las Vegas for 30 years I'm an eighth of Nevada and then running various businesses for my whole life so when we got into this business we took a little bit of a different approach and it's it's a it's a business approach and and we've we've put together a fantastic team and a fantastic business we're super proud of what we've been able to do we want to be a good member of the community and I know that gets thrown around a lot but in our case it's very true and as Ryan mentioned we've proved it and if you look at the comments that came from Wendover and mesquite you'll see the type of things that we've done and you know we did have an uphill battle when we first went into these locations and it was really rewarding after a couple of years of operating that almost all the people who were against us in the beginning came to us and said you know what we were dead wrong about you guys you guys have been a real positive you know attribute to the community whenever we've needed something you know you guys have been there for us the police department have had fantastic comments you know I encourage anybody to reach out to the police departments you know not that they're jumping and shouting you know in favor of cannabis but as far as the way that we run our operation and the way that we communicate and interface with them they've been extremely complimentary so again we want to do the same thing here with this location we think we can be a real positive attribute to the community as Ryan said we've already started with some projects in the area and you know I think creating the jobs in the community especially right now we're gonna create good jobs we're gonna hire locally and again we're gonna be here for a long time and and again I just I want to reiterate we will be a positive member of this community and again I think our actions in the past speak pretty loudly to that effect so I thank you for your time tonight and I hope you guys will let us move through thank you thank you you good all right this is notice there's a public hearing anybody from the public we should be heard on the system mr. chair we haven't presented our staff report yet I'm sorry mr. chairman the proposed marijuana establishment meets all title 19 special use permit requirements staff therefore recommends approval the application please note that there additional letters of support since the publication thank you thank you please come vote sir state your name for the record Thank You chairman DeSalvo Lexi I understand three seven zero nine water whole Street I'm the historian for an hour a real preservation area we've been in business for like 25 years basically I'm just a company clerk sorry that's gonna run about 20 seconds over your two minute think I have that you let me go over that I appreciate it there's also a map being distributed to each of y'all to show the detail what this is about the reason we're involved with this agenda item is because we were and to be involved with a ten-hour Planning Commission and the two days City Council 2014 Medical Marijuana meeting some of you remember that you were there that was a long cotton pick a day and it set the precedent standards for this topic and with those meetings more than once recreational marijuana was referred to as the elephant and the closet I have to say that the planning and the City Council members did an extraordinary job at these meetings and the seminal one of the seminal issues that were these meetings was all about was to keep Medical dispensaries away from any close proximity of any residential areas chairman salvia I only have a couple minutes to present yes Commissioner Williams has been giving comprehensive history and content on items that would have time to address and we appreciate his advocacy to deny the agenda precedent grounds at this 2014 medical marijuana dispensary event we had an agenda item located at the corner of neighborhood we read old Rico Plaza at Jones and Craig Road it was a president decision for future agendas in the Northwest area the Planning Commission tonight at seven to zero and it was denied at the City Council level this location is very similar in many respects to the applicants Jones and Cheyenne location July 15th this year integral essence held on Ward for neighborhood meeting at the for recreational dispensary at Craig and Taniya we were there and supported the neighbors with the Regal Plaza as a historical precedent interval essence voluntarily withdrew the application and a display of being neighborhood socially responsible I thought there was a class act it should be noted that this location clearly had a residential impact far less in today's application deep roots has their theme there is no marijuana dispensary within the Ward five boundaries that's what they're focused on and this application will help fill that need the map demonstrates that y'all were distributed map demonstrates that this location has little to do with Ward 5 and everything to do with access to live in Ward 4 Ward 6 and the immediate three County Islands next to this five nine nine to one Cheyenne and Jones address is 161 unit Elias Park Apartments mix it is 238 Sonoma Palms apartments across them to that is the will single home residential areas and the three County Islands okay that's walking distance from the location okay I'll let you go over I'm gonna cut you off right there okay thank you very much appreciate you sir okay if there was a second neighborhood meeting I can arrange one two three roadkill grill outside after-hours anytime social distancing thank you thank you mrs. Scott thank you there's one online comic chairman from David kale of 3421 Irv Marcus Drive he writes I currently reside in Ward 5 close to the 6000 won West Cheyenne location I'm looking forward to it too and can't wait to have accessible cannabis in my neighborhood I am currently a Nevada medical marijuana patient and I'm being treated for cancer there is no easy access in this part of the city for cannabis products I need this location would be a benefit to patients also it looks like it looks the look it looks like the location could employ quite a few people in a business that has been deemed essential so some of my neighbors could have new jobs the city of Las Vegas in the state of Nevada could use a tax revenue this is good for the patient the neighborhood and the state it should be a no-brainer and you should approve this location thank you thank you mr. Scott I'm starting follow comments let's all with a couple of quick points this board knows how difficult these are to locate I mean to find a location that hits all of the marks the required marks is difficult and that's why they are all in war - and war one word five doesn't have one we happen to find one location in this city where it hits the marks that's the primary reason we're looking here and is I feel like I want to say something about Craig and Taniya that it wasn't withdrawn for those reasons it would withdrawn because it had another protected use narrow so with that look I happy to answer any questions and ask for your approval Thank You mr. Ono at this time I will turn it over to the commissioners Commissioner Williams Thank You mr. chair I would just start by asking for a little bit more information around the meetings public meetings I know initially when we engaged on this issue a few months back there was quite a bit of opposition from the residents the neighbors of course we saw the nara commentary here that they were in strong opposition of the project but just if you can just talk a little bit more about the process and the first time the second time because we went kind of quick through that yeah I mean we held our meeting I would say 20 25 people showed up we had some vocal folks that were against and that's always the case with these and this is not me dismissing them whatsoever I understand that there is an element that comes with this that is a strong overbearing fear that a lot of generations were raised with I can't get over some of that some of those folks I'm able to because they've experienced some positive impacts because of this stuff we did our best to allay again those fears of those individuals that were added opposed there's no way no matter where I try to locate one of these that helmet hit 100% it's just not gonna happen on this one it's a touchy subject I as far as the rest of the meeting I mean we stayed there for a good hour and a half two hours probably a good 45 minutes after the meeting broke to speak with people and to try and work through any of those concerns it was our intention again to hold a number another neighborhood meeting you know again if we're not seeing you reference the the you know mailing cards if you looked at the numbers they're not overwhelming I mean it's I think it's 60 30 based on those cards we saw a sit on our side which isn't surprising because it was our mailer right so I beyond that I mean the concerns were safety crime smell and you know really its traffic then their ability to get in and out of the area so we feel we can address all of that so I hope I answered your question all right thank you think I'd open it up for comments or questions from the fellow commissioners Thank You Commissioner Chadda Thank You chairman through you I do have a couple of questions and a couple of concerns regarding this application first and foremost right behind the proposed location you have 156 multifamily units how do you plan on addressing those and what has been the opposition from those I have not mapped out where any the opposition you know address wise has come from we have not done that but what I can tell you is that for our first neighborhood meeting we went out to 1500 foot and we actually got the list from the city itself on the second one we took the city list and then we expanded to 3,000 foot on that mailer I showed you guys that's I I couldn't tell you the last I've ever been a part of something that's expand as a mailer that far so we're doing our best to hit everyone and open the lines of communication going into City Council if we're able to it's our full intention to come up with even more unique ways to communicate with this neighborhood because it's been said to us loud and clear as you are doing now but also by councilmen career that you need to speak with these folks and if we can't show that we put in that effort we don't deserve approval let me just also discuss another concern that I have you have an assisted living facility across from you with 150 units along with a gymnastics school across from you so I don't see this as being in her as harmonious and compatible taken those three properties alone I'm not sure I see the relation to the assisted living but on the gymnastics studio we've actually talked to that owner and that owner has expressed I was hoping we'd have a letter apparently it didn't come in but he's expressed his support and in fact that vacant lot we spoke out spoke about is right across the street from him and I'm told in all the communication as we've been out there doing our work it's very much appreciated so again we're doing everything we feel we can to address those concerns with dispensaries there's always this fear that people are gonna just walk up walk in get their product and then go to the nearest park or school or you name it and enjoy the product that is not our customers these folks are everyday people that are typically professional is in this valley with a family this is an after-hours type of deal they have no desire to be out in public and creating trouble and we don't want those type of customers I understand and I have one more question there is another dispensary thrive which is under two miles away from you there at 27:55 Cheyenne and how would you address the concern of saturation in that area yeah I actually had the list I was going to read it in and it escaped me I showed there two point seven miles away significant distance we have Jenny's it's four point one and then Silver sage that's five miles away the area of all the areas this is not saturated in fact this is a great location for those that are trying to do business they don't want to invest millions of dollars in a location with the hope that they're gonna get the business there model supports that location because there is there isn't another dispensary for 2.7 miles if you go anywhere else in this valley where there are dispensaries they are on top of each other it's challenging so again we're doing our best to try and identify those locations that make sense for us on a business standpoint makes sense for the neighborhood in our opinion and obviously don't cluster so that again I'm doing my best answer thank you I appreciate that you bet Thank You Commissioner Commissioner Toussaint yes I do believe staff got this right and I have voted on other marijuana dispensaries and I have to be consistent you will have my support tonight with the issue of Ward 4 when we had the dispensary the reason why it wasn't approved and they withdrew was because it was a karate studio right in that shopping center and then across the street there was a ballet school so that was the reason why the in I was at that town-hall meeting and I I do believe staff got this right I know it's an emotional issue I I get it I have talked to other people that have had dispensaries in their communities and after it's been there they say they don't even realize they're there so you will have my support tonight mr. Ryan thank you Thank You Commissioner Toussaint Commissioner Williams Thank You mr. chair these again these are very difficult decisions and you know while we work to make sure that we're hitting all of our separations and requirements it's also important that we have the harmonious and and compatible relationships especially when it when it comes to residents right and and surrounding businesses what's interesting is initially I thought there was a lot more opposition to this project but I'm really not seeing that in terms of protests there's actually more supports that have come in and and again I appreciate Nora's position on this as well as the Sonoma palms residency you know ultimately you guys have addressed security you've addressed odor you have gone back out after previous conversations and had subsequent meetings trying to reach out I realize it's difficult times right now with the medical the situations that we're dealing with and restrictions and and all of those things very difficult to make these types of decisions when you take everything into account staff did make the recommendation for approval unless there's further comments though I'd like to make a recommendation please do at this time I'm gonna make a recommendation for denial on item su P 7 8 3 0 1 so a yes vote would be for denial please cast your vote and that motion fails so then if we could have someone who voted against the motion make the counter motion that would be appropriate commissioner Logan yes I'd make a motion for approval of item 31 I'm sorry I lost the su P number su p 7 8 3 0 7 8 3 0 1 thank you you've heard two motion or yes vote is for approval and a motion passes great thank you and mr. chairman then we'll move forward to City Council and be heard as a part of their agenda on June 17 2020 at this time I'm gonna go out of order on the agenda and I'm gonna pull up the directors business item number 47 which is txt 773 1:7 for the possible action on request to amend the LVM C title 19 point 1 0 special area and overlay district LV MC title 19 point 1 2 permissible use and LV MC 19.1 8 definitions and measures to allow off-premise messaging in conjunction with certain land use and to provide for other related matters staff has no recommendation may have staff report please mr. chairman the proposed text amendment would change off-premise messaging requirements in conjunction with a non restricted gaming establishment with a hotel having more than 200 rooms and a commercial recreation amusement establishment with permanent fixed seating for over 9,000 people providing parity with existing clark county off-premise on regulations for like uses staff has no recommendation thank you thank you this is notice as a public hearing anybody from the public we should be heard on this item please come forward station aim for the record good evening chairman members of the Commission Carrie Kramer with Argentum partners here on behalf of the world-market center of Las Vegas we are here in support of the text amendment we have spoken to staff as well as as the city manager's office and would just like to see Convention and tradeshow facilities included within the text messages are text message I'm sorry the text amendment as well we believe that with the ability to include tradeshow facilities they would have the ability to work with downtown stakeholders as well and advertise as well and like so thank you that's all I have I'm happy to answer any questions thank you so far I'll take please come forward Stacy name for the record I apologize I have this for the record events but thank you good evening Jennifer Levitch 1980 festival Plaza Drive here tonight representing Lamar outdoor advertising we worked for a number of years on an ordinance that is similar to this in Clark County it was very very narrowly crafted for a number of reasons as it relates to where you can have on and off-premise advertising as your staff report indicates it is mirroring what that county ordinance did and it keeps it very narrowly tailored to just be your casinos with rooms as well as your nine thousand seat arena we have no objection to that ordinance we would be in opposition of any expansion beyond what the current provisions of the staff report indicated thank you thank you seeing nobody else I'll close the public here and open it up to end nothing on line okay mr. chairman if I might I do for the record need to make a clarification so one of the things that we did not realize as staff was that in the county they consider a Convention Center a recreation facility I don't know why they do that but they do that so when they did craft their bill convention centers are considered a part of what they did approve as a part of their bill so one of the things we will be doing between Planning Commission and City Council introduction of a bill will be examining that that aspect of it because again as has been mentioned and as was in the staff report the intent here was to create parity between what the county approved and what the city would offer as a similar opportunity so I just want to make that clear for the record that that will be something we'll be looking at because that nuance of their definition was not something we were aware of thank you I'll turn it over to Commission Commission rogen Thank You mr. chairman I don't think I'm going to be supporting this text amendment tonight I think that it's certainly a slippery slope as we see here tonight already that proposal is for one group of businesses or type of use to allow off-premise advertising and it's very hard to draw a distinction between one business or one use in another use I wouldn't be surprised if this were approved later on that certain other businesses that want to have the income from off-premise signs more for whatever reason have off-premise signs on their property or suddenly coming before us asking for a text amendment I I think I've made clear before that I'm very hesitant to approve off-premise signs I'm not I don't think I think they've litter the landscape rather than enhance it so I really think that we should consider this very closely before we just simply pass it on to City Council though I recognize City Council has the ultimate authority on this matter Thank You Commissioner rogen anybody else wish to be heard on this item Commissioner Slaton yes mr. chairman I and I've had those similar concerns in the past with off-premise advertising the thing that's a little bit different on this for me is it's for the non-restricted gamin and even though I don't know this where this is coming from I do see like sister properties being able to cross promote their own their own casinos and restaurants and stuff like that and so you get for example possibly the Stevens brothers could cross circa the de the Las Vegas Club and things such as that so it kind of helps promote that whole area and so I think that's why I could get behind this thank you me stopping I'd have to echo the same sediment that's how I understand it as well as it's been explained to me by city staff it was them to actually enhance they have four or five properties they can use that and cross each other and just get the message out so I would be supporting myself commissioner cherry threw the chair I do recall years ago we had I think it was the Fremont Hotel had a request for an off-site sign and it was granted it was just to do another one of their properties it wasn't for you know off-site advertisers to come on it's just to cross-promote between properties I mean make good sense it's a sign that faces pizza Rock I thought the other day you know I feel like this area where there's a lot of noise and there will always be a lot of noise I think it makes sense on these big boxes that they could both cross-promote and then do off-premise advertising and kind of stay relevant to the to the strip in some ways when say big corporations come in and want to do large events and they might have a sub vendor that wants to do advertising that helps sponsor and I feel like again specific to this area it makes sense where I live farther down to the south from the Fremont area on Las Vegas Boulevard it's to me more of a little more of a neighborhood even though we're on Las Vegas Boulevard and makes sense that this wouldn't be included in that area it's just kind of tied back to the non-restricted licensees in property so I think it's something that I can get behind and support Thank You commissioner each other yeah I've got a little bit of a question as far as comparison between the Furniture Mart and the Convention Center these are two completely different types of uses I think they are different types of properties I don't necessarily think that we could ever have a CES show the Furniture Mart so I just wanted a voice that as far as addressing some of the concerns Thank You commissioner okay through you mr. chairman I just want to make sure that we have a clarification so the world-market Center is no longer just the furniture market they now have the expo center there that actually will with the closing of Cashman service the city's only true convention space in within the city's limits so it does have a convention component to it as well as the the trade show that is the the three big world market buildings so just for clarification Thank You commissioner Rogan and an Oakland I just have a quick question for mr. Sommerfeld but this allow casinos that are not on Fremont Street say out there in Summerlin Red Rock and those other casinos also to do the similar types of opera mass advertising commissioner if you'll give me one second they need to pull it back up because we've had a lot of debate on that part and I need to verify what the final language that went into it was so give me one second I'll pull that up okay Commissioner cherry I guess after the question is answered I was prepared to make a motion okay but I would like to hear the answer so through you mr. chairman - Commissioner Rogen's question so if we look at the new language that's for the off premise messaging this would allow off-premise messaging on any non restricted gaming establishment that's operated in conjunction with a 200 room hotel so that would include any other not just our downtown properties but anything that meets that qualification of a non restricted gaming with a 200 room hotel as a part of it would be eligible so for instance station casinos often like to do that cross promotion amongst all their properties we do have 1/2 of their properties within the city limits so they would also be able to take advantage of this change in the code if it were to be adopted by council I just would just want to make a further comment I can totally get behind what the other commissioners are supporting which is the cross promotion idea but this text amendment doesn't limit it to cross promotion to other properties that are owned by the subject property that's doing the off-premise advertising allows all types of off-premise signs so if that were to be changed and narrowed down I certainly could support that but as it's written right now I wouldn't be able to support it yeah so would the world market have a super graphic that is off premises as well mr. chairman through you so Commissioner Chadda no so off premise by its very definition does not allow for off premise advertising a super graphic signage can only have messaging that is consistent with whatever the activity that is occurring on site so for instance you'll see those ad during market a world market you'll see the big mattress and the big sofas and propertybrothers their company that does their furniture stuff you'll see those big signs then but you don't see them except for their furniture stuff super graphics cannot have off-premise messaging and that remains consistent in this amendment Thank You mr. samsa thank you commissioner shearing through the chairwoman question so on an existing non-restricted 200 room hotel does it tie back just to their existing master sign plan or do they have to come forward with it approval it's a new one the again so this is off premise messaging is a part of their existing design if they update their signs if they want to add some additional signs change signs around any of those requirements they have to still adhere to the code requirements and they'd have to update their master sign plan accordingly so this is about allowing a non restricted gaming hotel with 200 rooms or as presently written a commercial recreation facility with 9000 fixed seats to be able to include as part of their standard sign package the ability to have off-premise messaging as a part of their their sign portfolio let me and see it's easy for me understanding how it connects to Fremont Street and the casinos there but as commissioner Rogan raised with say Red Rock which again I don't have a problem with the off-site messaging but can we if this was approved and when it's done is there the ability to put billboard after billboard after billboard that just kind of litters the property in the neighborhood know again to be clear this does not give them the right to any additional signage beyond what they're allowed for on-premise sign constraints so you can't do the billboards those exceed what you can have for your on-premise sign allowances now of course there's always the ability for an applicant to request a variance to exceed the standard sign requirements but again the the Planning Commission has been pretty consistent where they've approved variances for signs and where they haven't but no this is about allowing off-premise messaging within the existing sign portfolio that's already approved for the sites okay not a billboard after billboard concept that you see along the freeways is your when to gene or something like that okay Thank You mr. a just for the record I think the red rocks in the county not in the city but I guess you have like Suncoast that I don't know but I have 200 rooms that's on rampart and JW I don't know if it's called now it used to be the JW yeah okay that makes me definitely feel my calm cool one more comment go ahead just Commissioner Jarry thank you for asking that question because I was under the understanding that this would allow just people to put up these billboards in their property but with that clarification I can certainly get behind this if as long as it's part of the existing master sign plan and we're not putting up new signs and certainly I think that's something that we could that we could get behind thank you for that clarification Thank You Commissioner sloughing written to make a motion yeah I'd like to make a motion item number 47 txt 77031 seven motion for approval you've heard the motion please cast your vote and that motion carries mr. chairman that item will be forwarded City Council in ordinance form in a future date thank you moving on to item number 33 through 36 item 33 GPA seven eight four one three four the possible action or request for a general plan amendment from low density residential to high density residential on the south side of Harris Avenue between Lily Lane and Efrain Street Ward three staff recommends denial gon item 34 zero and seven eight four one four four the possible action a request for rezoning from re residential the r4 high density residential War three staff recommends denial item number 35 var seven eight four one six for the possible action or request for a variance to allow sixty eight parking spaces where 95 parking spaces are required Ward three staff recommends denial and item number 36 Str seven eight four one seven for the possible action or request for a site development plan review for a proposed three-story fifty three unit multifamily residential development with a waiver of the perimeter landscape buffer requirements war three staff recommends denial may have the staff report please mr. chairman staff finds the proposed general plan amendment rezoning and say in plan review would allow a development to dense in relation to the surrounding area additionally the requested variance waivers and exceptions reinforce the unsuitability of the proposed project staff recommends denial of all applications please note their additional letters of protest since publication thank you thank you is the applicant present please come forward state your name for the record chairman and commissioners thank you for your time my name is Jared Lobo on behalf of the applicant kardia properties Jared LeBeau LeBeau design eight six zero seven West Sahara so there's a couple points that we would like to discuss and asked him for this zoning hopefully everyone can see this so in the area right now obviously you can see we have a great deal of our three zoning that already exists of which our subject property outlines here and the the red square is currently a noorie zoning so we're we're asking to go to an R for zoning and there's a couple of reasons why we would actually like to to apply for that why we think it's prudent in this situation so a couple of the issues I know that staff and city have taken concern with landscaping is one of the denials we've had we've been waived and approved for a couple of the variances that we'd applied for but one of them was a 5-foot landscape buffer that would be on the east side of our property on Effinger Street we previously were able to meet with the 10-foot landscape application that we needed we actually had to reduce that to five feet as a result of giving up about 30 feet of our property to a right of way to help widen Effinger Street so in doing so it limited the amount of property that we were able to work with so we tried to squeeze that in there furthermore once we had developed that we also notified that we needed to have the the five-foot sidewalk instead of being located within the public right-of-way actually has an easement onto our property which we were more than happy to concede with and and grants an easement back to the city to use the property for that purpose but in doing so it limited us to having a 5-foot landscape buffer instead of the ten feet that was required so that would be the one issue that we just want to kind of bring to attention with that otherwise we would have been happy to comply with that some of the other sections we know we've had the school that's directly across the street we know the this school district obviously is is currently you know overpopulated with students in that school district as it is in many and so there's there's been a discussion that adding this property of the 53 units to this particular parcel would actually add more students to the existing school across the street understanding is that the study finds it would be somewhere in the amount of seven students that would be added to that elementary school and I think three to the the feeder schools they're after so one of the things we're looking at is this project where we're looking to do an r for zoning obviously to allow us to achieve the density that we need to make the project really economically viable it's not substantially far from the R 3 zoning that would allow in almost all of the other zoning areas directly surrounding the area as you can see and so the the thing that we think would really happen is if there was another project that was designed into the R 3 zoning you know we're talking about a difference of maybe 9 or 10 units is actually what we're applying for so even though there are four zoning allows for substantially more it's not what we need at all it just happens to be that we're a little bit out of where we should be for r3 and so in doing so the amount of students that we would have going to that school would be if someone applied for an r3 which would be a would be applicable to the zone would be six students the amount of units that were applying for in the r4 is asking for 7 students so it's a one student difference understandably every student you know certainly matters when the school has more than its intended to serve but you know we think it's relatively minor we're adding a large amount of students into that school versus what an r3 property would have done as it were so that would be the school objections in kind of how we see that working the other issue we had was parking something we'd like to point out is that while we are asking for a reduction in the parking you have to understand we have a roads have a small parcel that we're working with that we're trying to park and you know it's been a tough tough property to really make work but we think we found a reasonable solution for it that balances out the amount of parking that the residents are really going to require in conjunction with the fact that we feel they'll be a pedestrian friendly nature to this property you know in addition to the reason why it's designed to actually have a pedestrian entrance directly off of Harris which I'll show right here you can see right off of Harris we have an entrance to the property that's intended to be able to open itself to pedestrian realm and taking in some of the residents into the property from that realm instead of always vehicular traffic the other thing that we want to point out is that within a quarter mile to a half mile radius surrounding the property there are almost seven bus stops which is a fairly significant amount typically something we'd find more in an urban core development so we think that would help certainly alleviate some of the required traffic and some of the acquired parking that the project would otherwise necessitate so moving on to that so asking about that that are for zoning one of the things that we really wanted to talk about again it's not so different from the are three we understand the intention they are for zone aims to allow for certainly more density and is really intended for larger projects that's not what we're intending to do at the site we're really intending to go from what would have been 44 units to 53 units so it's a relatively minor change but that difference in the site allows us to actually create you know truly an economically viable project and we think having an economically viable project that you know we can have ready for permits and building by the end of 2020 is a much better use than the vacant lot that is currently creating really just inviting your vagrancy and other problems in the neighborhood so in addition to that the other thing we just really want to point out is that the ownership group of this property cardia properties is not looking to have this property rezone with any intention of not developing the property you're moving forward they're happy to look into you know a memorandum of understanding for development they're looking to have this zone so that it can put this project to use and really create a nice project for the neighborhood that's successful in addition to that I'd like to point out that they're intended to hold this project for a long time so in you know speaking about holding a long time you really want to develop a project that is of quality is well built is well operated is well managed and construed all those things are what you know our our applicant are looking to accomplish with this project and we merely needed to go into an art forward to be able to make that really viable so that we can effectively allow that to happen and be a better you know a better use of the land for and we truly believe what we're we're offering to build is really needed in the community is certainly a much better way to beautify the otherwise vacant land and we currently have here's a shot of favor I can see that and we're just looking to kind of be a part of the community and we're very close to what would otherwise be an applied zoning of an r3 so again we're not looking to maximize anything in r4 we're just looking to be a little bit over to make it viable it's it's a tight site and it's just there's there's kind of no economy of scale to develop you know 300 units that make something work you know we have 53 so respectfully we asked for approval from the Commission and we'll say comments all right thank you very much this is notices public hearing anybody from the public wish to come forward and speak on this item please state your name for the record and I'll give you two minutes is that the clock could it even be Georgia cake is 26:55 south rainbow Boulevard I think staff really nailed it when it denied all four of the applications I own the property to the south a couple hundred units of senior housing first started developing it in 1996 Carrie Reese was counseling at the time and I know he went through a very very lengthy Sony process with you because he was he was concerned seniors in the neighborhood with all the existing multifamily that was currently in place well we did finally get his consent and we developed a hundred and ten units in 1998 and then in 2008 we developed a second phase of that addition but councilman Reese made me go buy every one of the residential neighborhood on Effinger Street and then the next street over which was McKnight Street and visit with every one of those neighbors sit down with them and introduce my development to them show them what kind of impact would make other neighborhood and get their support it took about you know two months a weekend work but we did it we satisfied him we satisfied the Planning Commission and we did a second phase but to protect the seniors we had to put 10 to 12 foot walls in place to create a separation between the existing multifamily even last week we were replacing windows from the existing multifamily development on Lilly I don't need another multifamily development to the north of me I could certainly entertain a different use maybe another senior housing development because it doesn't bring in that same type of element they're asking for nearly a 30% deficiency in your parking requirements so with that said I'll thank you thank you I this application any any public comment offline okay anybody else wish to be heard seeing that I'll close it turn it over to Commission Commissioner slaughter he is nothing Oh would you care to rebut against what do you just said yeah in closing I'd just like to say that you know the partnership group that's what can develop this property they've had success in managing properties where they're able to really have a high quality tenant base and keep you know a high quality development that helps alleviate some of those problems I think that's very much their intention with this property as well again they look to own this for a long time so it's in their interest to make sure it operates and it's high-quality in that it's maintained and you know a real high regard in the community it's in the best interest in the community it's the best interest of their investment it's in the best interest of the economic feasibility of doing a project of this sort so I I don't think we anticipate creating something that's going to be you know a bane in the community by any means thank you sir yes mr. chairman so if I can ask the gentlemen to come back up so the this this was previously approved as a different multifamily project or something and we're we're making this is a new application but just so I know the history behind it well we haven't applied for this applet for this to be any other project besides the one that it is currently so I can't speak to the history of those other applications okay all right I looked at this and and listen George true caucus I'm messing up your last name sorry about that but anyways I I read the there was in our backup we had a one sheet on the neighborhood meeting and it sounded like there was about seven people that come out for that and then looking at our looking at our back up from today it doesn't seem like there was many there's just as many protests as support cards which was one support and one in protest and now looking at the looking at my summary sheet I'm not seeing thing and we're not hear anything coming in online through the city attorney in the past I've always looked at these projects as far as parking deviations as making sure that we're at least getting to that one - wanna vote it down numerous projects over by the police station in the downtown area of command in Beverly Green all over if we can't get to that one to one and we're more than a one to one at this particular location here you know the it does we are you are right next door to the re surprise we didn't hear more people come out in opposition usually when we have a high density apartment complex going into right next door to an re we'll hear from those people we didn't hear from any of those today and just for a point of clarification if staff can look at the land-use map and let us know in the back of that's the correct land-use map or if that's not the correct claim use map because when I was looking at the looking at the report reading the staff report it stated that it was medium density residential surrounded this parcel however it's all shaded in dark brown as if it was our four high density residential and then Commissioner Rogan just come over and said he thinks that there might be a incorrect map so I I don't know if somebody could just clarify for us if we have the correct map or not and while you're looking while you're looking that up just a few other comments i i i like the the i'd like to see something go on this infill piece of property and something get get built here whether it's senior housing or what i I don't want to be the person that tells you what to build on that particular type or that particular parcel but I'll go to the other commissioners see if anybody else has any comments and then see if staff can address my question Thank You Commissioner Rogan Thank You mr. chairman I can support this project mr. Jackie kiss I mean where are you you were the first in the neighborhood you you were the Trailblazer there and you had to go through many hoops that I think people that are following you and proposing these types of developments don't have to go through now because of what you did and I note that there were several variances that were granted on your property I'm looking at the interactive map right now and pulling up some of those prior variances so I think the fact that this one needs some variances as well I don't think should disqualify this type of infill project from going in not a developer but I know these infill projects they they're tough to pencil in they're tough to make profitable and we need them in wards three we need them in wards one some of the older parts of the city to make sure that this city continues to grow and develop in our older areas so commissioner you have my support on this project time thank you thank you thank you chairman through you I'm gonna echo chair Commissioner Rogen's sentiments as well I think this is a beautiful project I think that this is a project that I could get behind as well thank you Commission and cherry threw the chair same same comments thank you Commissioner Williams same comments commissioner to saw it yes I agree with the Commissioner Roca and I lived on the corner of poppy and Lilly many many years ago so I'm familiar with this area and I really do you think that this is a good project I think it's compatible for this area so you'll have my support Thank You Commissioner schlattman and Commissioner Tucson I was going to ask if you looked on in that neighborhood because you've lived in almost every neighborhood so what would six have not lived in Ward six yet okay and threw your chair for the land use maps you'll find one land-use map underneath the the GPA and that map has an incorrect key at the bottom so the colors that are showing are your general plan land use so Brown is not actually so if you go to under the zoning that land use map actually shows the individual zoning and you'll see that and the slides the slides actually correct so right now if you look at your screen on the slides that they're putting up from the back that's actually the right key if that makes sense so brownie actually means medium-density not our four for general plan land uses does that make sense that does make sense and then and if you go under the zoning in your back up you'll see the actual zoning map which will show our three versus re and that sort of thing okay and sorry to throw that on yet last minute I would have broadened up prior to you but I just anyways I'm ready to make a motion please do yes mr. chairman on item 33 based on the testimony tonight I would move to approve you've heard the motion please cast your vote and a motion carries yes mr. chair on item number 34 zo n 78414 I would moved to approve based on our testimony heard tonight you've heard the motion please cast your vote mr. Rogan and a motion carries and mr. chair and item 35 var seven eight four one six we'd move to approve you've heard to vote please cast and a motion carries and mr. chair and item 36 STR seven eight four one seven I move to approve you've heard a motion please cast your vote and that motion carries mr. chairman those four items will move forward the City Council be heard as a part of their agenda on June 17th 2020 thank you moving on related items 37 to 39 37 var seven eight four five seven four the possible action and request for a variance to allow an 8 foot rear yard setback where 15 foot is required at 9:35 South Decatur Boulevard Ward 1 staff recommends denial item number 38 var seven eight four five eight four the possible action and request for a variance to allow a seven seven parking spaces where eight are required Ward one staff recommends denial and as item 39 STR seven eight four five nine four the possible action and request for a site development plan review for proposed 2208 eighty square foot office building with the waiver of permit permit perimeter landscape buffer requirements Ward 1 staff recommends denial kind of the staff report mr. chairman the applicant is proposing to over develop the subject site as evidenced by the requested variances in waiver the reduction the size the proposed office would allow conformance with title 19 development standards therefore staff was recommending denial of all applications please note there additional letters of support so publication thank you thank you the applicant police Tefo state your name for the record Landry Christopherson 2085 East Quayle Avenue eight nine one two zero here representing the applicants there was previously a building on the site it became unoccupied and then became a detriment to the neighborhood so therefore that was removed back in 2019 now we're coming back and asking that we put it's approximately about the same size of a building and - we believe we're meeting the intent of the code you know don't don't park adjacent to residential keep the parking adjacent to the roads put in landscape as a compensation for the variances on the landscaping we're willing to do a little more dense buffer where we show that on the landscape plan right now we're at 15 feet we're willing to go to ten that's just one more tree again the variance on the parking we to meet the de code on the partland D handicap we have to provide a van accessible and that that took away one parking spot so overall we feel that we're meeting the intent of the code by providing landscape all around the building existing Decatur Boulevard where all of these PRS are a lot of them don't even have landscaping with them so we ask for your approval and I'm here to answer any questions you may have thank you so this is notice as a public hearing anybody wish to be heard on this side of seeing then I'll close the public hearing here mr. Scott anything on online chairman all right thank you turn it over to the Commission at this time rogon thank you sir did you did you speak to the neighbor that's directly to the east of the property it's a it's a larger lot there's a casita in the back and then the house is further up towards the front right I recognize that but I was just wondering if you had an opportunity to speak to him or her we have none okay do any of my fellow commissioners have any comments in this project I seen I can get behind this project these these smaller Lots that I believe for probably residential at one point or undeveloped they're small they're difficult for anyone to use for a commercial purpose in this day and age building a small building it's just not gonna work so at some point we're gonna have to address that on a larger scale for these older properties and until then I think that the nature and circumstances of the lot size justify the variances that are requested this evening I would ask you sir mr. Christopherson if you could just talk to that neighbor between now and city council because this won't be final action tonight make sure that you get their support and understand understanding of what's happening with regard to that that waiver of the landscaping and the 8 foot distance separation all right yes thank you with that I'd make a motion to approve item 37 var 7 8 4 5 7 you've heard emotion please cast your vote and a motion carries you also make a motion to approve items 38 var 7 8 4 5 8 for a demotion please cast your vote stop men cherry and a motion carries and then finally make a motion to approve item 39 SDR seven eight four five nine you've heard the motion please cast your vote and that motion carries mr. chairman those items will move forward to City Council be heard as a part of their agenda on June 17 2020 thank you moving on to item number 40 var seven eight five nine three four the possible action on a request for a variance to allow a zero foot corner side yard setback where 15 feet is required for a - accessory structure class two barbecue and fireplace at 400 park west way Ward 5 staff recommends denial staff report please mr. chairman the applicant is proposed to install a barbecue and fireplace that will be connected to utilities and require a building permit due to the fact these are permanent structures they are considered class 2 accessory structures and required to adhere to zoning code regulations including setbacks no evidence of the unique or extraordinary circumstance has been presented and that the applicant has created a self-imposed hardship by proposing accessory structures to be built within the required corner side yard setback area repositioning these proposed amenities in other areas of the yard would allow conformance to title 19 requirements if approved they will be subject to conditions please note that there are additional letters of support and protest since publication thank you thank you please state your name for the record sir I Don Castillo six-year one to Golden Sun Court I represented mark McIntyre and my client like he says this is the site plan these are the north side on by the entry of the community basically that's the story we were asked him for word basically no zero foot for setback G's a will be freestanding fireplace that I would be over here on the barbecue we we feel like we don't obviously will follow Cole but we we are concerned any comments that you have to move forward and you know if you have any question another thing before forget about it this is the 3d for the fry play and the BBQ this is a simple things that every person every house needed we don't ask for too much and now we move forward for the program okay thank you this is notice as a public hearing anybody from the public wish to be heard on this agenda item seeing none here mr. Scott think I'm launcher I think you very much at this time I will then now turn it over to Commissioner Williams Thank You mr. chair looking at this project I mean we really don't have I mean it's given the height of the wall it's actually difficult to see see anything from the right away also there's no neighbors adjacent to the corner side and a rear property so I think it's a nice project it's it's you know gonna be beautifully laid out I could actually get behind this but I'd welcome any comments it's pretty simple to me straightforward haven't seen gun all right so at this time I'd like to make a motion item var seven eight five nine three for approval you've heard two motion please cast your vote nm motion carries mr. chairman then I don't will move forward to City Council and be heard as part of their agenda On June 17 2020 thank you thank you moving on to related items 41 through 43 41 su P seven eight six five six for the proposed action on request for a special use permit for a proposed motor vehicle sales used at 5750 sky point Drive Ward six staff recommends approval item number 42 su P seven seven seven to eight for the possible action on a request for a special use permit for a proposed automotive retail use with waivers to allow more than five rental vehicle stored on site and the sale of used automobiles where such is not allowed or six a staff recommends approval and item number forty-three sgp seven seven six eight four four the possible action on a request for a special use permit for a proposed truck rental use with waivers to allow a zero foot distance separation from a single-family resident detached dwelling where 330 feet is required accessory service that are not performed within the enclosed structure and service bays that face the public right away Ward sick staff recommends denial may have to staff report please mr. chairman the applicant is proposing the operator use motor vehicle dealership with automobile and truck rentals at the subject site on February 19th of 2020 the City Council approved ordinance number sixty seven twenty five which amended the Townsend and Development standards manual to provide motor vehicle sales used as an allowed use within the G CTC general commercial town center special land use district by means of an approved special use permit previously this land use was restricted to the area commonly known as the Auto Mall located within the Centennial Center and was allowed only in conjunction with new automobile dealerships staff finds that the proposed used motor vehicle sales and auto mobile rental uses are able to be operated in a manner that is harmonious and compatible with the existing surrounding land uses and is recommending approval of both special use permits however due to this to the zero foot distance separation waiver from the existing residential neighborhood to the north and the future condominium development currently under construction to the east of the subject site staff cannot support the proposed truck rental land uses and is recommending denial of that special use permit please note that there are additional letters of protest since publication thank you thank you please teach it in for the record Lord Ram 520 South floor Street it's nice to see you all again I'm here with Polly McNamara she's with Enterprise Holdings that I'm sure you recognize as a car rental company but they also built some sites to sell their older inventory and Kelly can answer any questions about the divesting at the divesting operations as well as the truck rentals this property was vacated by a Dodge brand dealership of new and used vehicles more than a decade ago a stated staff was in support of reestablishing misuse as well as the car rentals in regard to truck rentals there are a couple - couple of technicalities with code the first is the 330 foot distance separation from a single-family residential because we share a property line with this residential development it's also separated by a drainage channel but because we share that property line it appears as if as though there's a zero foot separation from the two uses in actuality this design exceeds the requirement the rental trucks are parked in this purple area in this purple area shown on the plan you can see all but one home is separated from this truck rental space by a 33 thousand square foot building while only this home has exposure and that is separated by 440 feet of space which exceeds the requirement the trucks have direct access to Sky Point drive without circling behind the building near the residential the second issue was visibility of the roll-up doors from Sky point Drive two doors are visible only from this point of the street they are located more than a thousand feet from the curb the dealership was originally designed to have the showroom as the prominent facade facade and it is however because this is very regular shaped parcel the very limited visibility of these bays could not be avoided we did have a neighborhood meeting the neighbors who attended the meeting were appreciative that we allocated space to ensure no alarms disrupt them overnight and their households they expressed relief that this part that this property could be occupied after so long that said we asked for your promotion to move forward I think you this is notice as a public hearing anybody from the public wish to be heard on this item see none I'll close the public hearing here mr. Scott nothing I'm not sure I thank you and I'll turn it over to myself this actually I was actually surprised when I seen this again because I thought we were done with it the community has reached out to me overwhelmingly in support because it's been like you said sitting there for over ten years vacant weeds growing through people setting palm trees on fire I mean they just they want to tent it and they had no problem with it back when we started this project a long time ago so I mean reaching out with him again after this coming my briefing like I said I was shocked to actually see it come up again I still have the same supporters out that it just wants something in there and they're fine what's in there what's been proposed to be in there so if there's nothing else I would definitely make a recommendation for to approve this item item number 41 SCP 7 8 6 5 6 pen a motion carries item number 42 su p 7 7 7 2 8 motion to approve and that motion carries and finally item 43 su p77 684 motion to approve that motion carries and mr. chairman these items are final action this evening unless appealed to the City Clerk's office within 10 days thank you mister Sommerfeld moving on to agenda item number 44 su P 78577 for the possible action or a request for a special use permit for a proposed 1572 square-foot financial institution specified use with a waiver to allow a 150 foot distance separation from a residential use where 200 feet is required and to allow a 0 foot distance separation for an existing financial institution specified use where 1,000 feet is required at 81 North nellis Boulevard in Ward 3 and the staff recommends denial can I have the staff report mr. chairman staff notes that there is a drainage channel that separates the financial institutions specified used from the residential Lee's own properties to the west which provides an adequate visual and physical buffer therefore mitigating the requested 150 foot distance separation waiver however staff does not support the requested waiver to allow a 0 foot separation from an existing financial institution specify to use as the impact of the additional use to the existing shopping center will result in an oversaturation of the use in the surrounding area therefore staff recommends denial of the request please note that there are additional letters of support since publication thank you thank you is the applicant here please step forward and give me your name for the record please good evening commissioners I'm Victor dela Cruz I'm with Annette Phelps and Phillips and my address is at 2:04 9 Century Park East Los Angeles California 9 0 0 67 I thought maybe I would start off by telling you a little bit about the company we understand the city's spacing requirements for for financial institutions specified uses and really the definition for this particular use includes any company that lends money and the reason for the codes adoption like many cities for special definitions for lenders is that they're trying to capture payday lenders auto title loans those sorts of companies that often have predatory predatory loans what I wanted to do today is walk you through what opportunities unfortunately we happen to fall under that definition and we were a little bit surprised actually to see a recommendation for denial given that really we see this really it's just a technical issue because of what we do opportunity is a publicly traded company we have 30 approximately 330 locations throughout the country it was founded in 2005 and there is no payday lending that takes place there's there's no check cashing there are no auto title loans there are no deferred presentment loans any of the sorts of loans that you usually try to zone out and create distance buffers for don't really apply in connection with us we're actually the opposite of that so it's a bit ironic that we find ourselves today with a recommendation for denial opportune since 2009 has been certified by the US Department of the Treasury as a CDF CDFI that is a community development financial institution and I sent a letter in yesterday that has some materials that had that attached to the letter that we submitted with our application that letter has both this both the Community Development financial institution certification from the US Department of the Treasury as well as other material that tells you a little bit about the company and the letter that we submitted with our application was actually not part of your Commission package which is why I sent it sent it again and perhaps it was missed but in addition to being a CDFI that gets a certification every single year so long as it is viewed by the Department of the Treasury as fostering economic development and community revitalization Time magazine also named opportune a in 2018 it was named by Time magazine one of the 50 genius companies in the United States so I think that that really goes to underscore that were not one of these run-of-the-mill payday lenders we happen to believe there's no such thing as a good payday lender I'm sure that in connection with spacing requirements you often have different companies telling you that they're somehow different what opportunities and the reason that it received the genius company award from Time magazine is that it's developed a essentially a computer model it's a proprietary underwriting system it was developed by data scientists statisticians mathematicians and the employees basically advanced data analytics to score individuals who would not otherwise be able to obtain loans so the the the the premise behind this company was that it wanted to provide loans to individuals who did not have any credit rating and and they look at you know things such as the cash flow how long a person has been at a particular address how long they've held a particular cell phone how long they've had a particular job and so forth and and and people who would otherwise be outside of the financial mainstream who would not be able to get loans and would have to actually turn to payday lenders are able to actually develop credit with a company like opportune which is why we're particularly proud of the work that we do unlike the the you know the payday loans the loans that you that you get at opportune are unsecured so there's no you know you're not going to lose your car you're not going to you're not going to be in a cycle of death that cycle of debt where there you're just paying the interest and sometimes with payday lending lenders that the interest rates could be up to upwards of you know four hundred percent something like that all of the loans at opportune essentially you know you could come in and pay off your loan literally the next day if you wanted to right and you would not have to pay any of the interest right that you would otherwise have under that loan so it's no different than the loans that you would have at a bank probably you could probably do better than than many banks and my kind could probably speak to you about that if you have any questions but but you know the problem with us and the reason that we're not allowed by right under the city zoning code is that that's all we do right we only do loans if if we if we also accepted deposits based on the types of loans that we have right we would be able to establish ourselves without having to deal with the spacing requirements so just to give you a sense of the the accolades that the company receives this year the Mexican American Bar Foundation is is awarding the company with its Community Impact Award it received accolades from the National Consumer Law Center which is a national nonprofit advocate for consumer justice and Economic Security the Center for American Progress the Texas Appleseed Institute and so you know throughout throughout its history the company has really received a lot of praise from academics and all these nonprofit organizations for changing the model and so I think the question for you to decide today right is whether you know having a having an opportune in the same shopping center as a payday lender is necessarily a bad thing do you want to have people to have the opportunity of getting a reasonable loan that is not that is not a payday loan or do you or do you want to basically force them to go to another location and in the city they're already approximately I think there's seven opportune locations in Las Vegas and so it's I think something and and and my client could tell you a little bit about the loans and how much they dispersed and how much they've saved folks here in Vegas but it's a company that we're very proud of and we're happy to answer any questions that you might have about the use thank you this is notice as a public hearing anybody from oh you like to make a statement call I just I'll be quick my name is Alejandra Velasquez and I am the senior director of public affairs for opportun and our attorney has explained a lot more of the details of who we are but what I wanted to share with you is the impact that opportun has had directly here in the city of Las Vegas so as he mentioned we have had seven locations here since 2015 and in that time we've made more than $65,000 loans in the range of $300 to $9,000 now opportune is the only place you will find where you can get a $300 loan and have six months to pay back in equal installment payments as Victor mentioned you know if someone came back the next day and said oh you know what I have the $300 no interest no fees we don't prepayment penalties no balloon payments these are self amortizing loans you're paying down the bat of the balance the principle balance along with you know the interest that is applied on the whole loan we have disbursed nearly a hundred and twenty million dollars in these loans here in Las Vegas since 2015 we have done a study and that has found that we are a quarter to a seventh of the cost of payday and auto title loan and in that vein we have saved our customers forty three million dollars in interest and interest and fees have they gone to a different type of lender to get that type of loan we have helped more than forty thousand individuals in the city of Las Vegas established a credit score that's forty thousand people that had a zero credit score and because they took a loan out with us were able to establish positive credit which means as you all know you can't do anything without credit in this country and the average loan here in Las Vegas is eighteen hundred dollars which comes with a twelve to fourteen monthly payment period so in addition we also provide financial education and access to financial coaches along with our products so really our goal is mission driven to help people who are low to moderate income who don't have a lot of access to financial products to be able to access a product that's gonna help them build credit and build a better future and really our core model is to be in places where you're likely to find these alternative lenders payday auto title loan rent to own pawnshops so that people our studies have shown that people will go to what's nearest to them when they go outside of their homework can they go because they're usually it's an emergency for these types of dollar loans and so by being able to be there allows us to be an option for them at a time of need thank you very much thank you this this notices of public hearing anybody from the public wish to be heard please come forward state your name for the record social distance you good afternoon on behalf of state your name for the record my name is a director Hector Cruz on behalf of the Linda Torres a president and Carlos Valdez the director of the nonprofit patriotic committee I'm here let me start off with right here we have the website for the patriotic committee if it's required in 1980 we started giving out scholarships for kids young and old in English Spanish arts cultural arts music for the communities in need an educational entertainment 20 years ago we started with educational entertainment in Christmas and El Barrio for 2000 to 2002 hundred families that attend the Christmas in El Barrio the nonprofit organization as I said provides educational entertainment and all the computer classes and all that but we depend on sponsors 4 years ago opportune started sponsor being as sponsors sponsoring they have been the biggest sponsor yet that the patriotic that started in 1980 that's 40 years ago anniversary started sponsoring so we also have members that have asked for their loans whatever he said how they explained it it's not a payday loan that's a different situation there they already explained it but we do those three members are not here we only have one member that have worked with them in the community so it is very important to us to the community that their business grow not only because they do help out sincerely look at the community and they do what they say they do it's also because we need their sponsorship that means if we get that sponsorship that there's kids and adults that depend on the sponsorship for the scholarships to keep their educational entertainment not only in Christmas throughout the whole year getting that there their quantity whatever they sponsor and the loans as I said I personally have not asked for a loan I have one person that has I have the president of the patriotic committee this is a musician I think we're getting a little far which is saying on behalf of the Linda Tory's the president director Carlos bellies and opportune please recommend a special use permit for opportun thank you thank you that the applicant any brief brief brief comment you'd like to make thank you so much one thing I forgotten dimension in the letter that I sent yesterday in Exhibit B oftentimes in many cities we when we're when there's a question as to whether we fall into that same definition of the pay date of payday lenders we in pretty much in every situation we were able to get owning administrator interpretations or some sort of determination from the planning department stating that we are allowed by right as a financial institution because of the particular use that we have so we attached letters from I believe it was a City of Tucson city of Avondale in Arizona and Vista California just as precedent but but the point is you know unfortunately in Las Vegas the definition says any company that has lending as their primary business so we get captured in that same base as payday lenders but but but I think that the letters are helpful as well in giving you a sense of the company that we are as viewed by other cities thank you I'm mr. jet for the record he did submit it vice-chair slot Minh has it now submitted to the clerk for the record thank you at this time now I will turn it on over yes mr. chairman so I hear all this and I um glad opportunist and stuff like that but we're not voting on that here today we're voting on a land-use matter I don't specific I still understand the you know you'll set a whole bunch of stuff about what you're doing and you know fixed loans and all of this other stuff and it all sounds great but I I don't know the difference between this and a payday loan if you're charging twenty percent and they're charging twenty thirty forty percent I don't see the difference here our code specifically states that there must be a distant separation from other finance financial institutions specified and residential I can get behind the residential because as mr. Boyles in the planning department has comedy that it's across a drainage channel however word within the same shopping center as another financial institution specified I don't see the difference in this I want to ask the other planet commissioners if they heard amongst you know what what the applicant was talking about if if they see any difference between this but I don't I can't grab grasp a hold of anything that we're where this is much different than than other financial institutions specified in the past and I've always voted to have the distant separation so okay commissioner I like chairman through you I'd like to ask you to miss Velasquez or her counsel a couple of questions about the logistics on this and maybe that could clarify that for commissioner the first question I have is are you dispersing funds from this location is that the intent you will be dispersing friends from this location and are you accepting payment on these loans at this location okay those are the only two questions I have based on your answers other than the interest rates and the structure of the loans I don't see a difference between this and a payday loan because you are dispersing funds and because you are accepting payment on these loans at the location so if I'm mistaken clarify please yeah so so state your name please hi Victor dela Cruz so with with payday loans you know the interest rates are often about 400 you're getting to about 400 percent and and and with opportune the the highest that you will get on on any of the loans is is going to be about 36% at the at the very highest end and with a payday loan they you don't build credit with with a payday loan right they don't they don't report to to credit agencies and they're actually you know essentially taking your paycheck and holding your paycheck or your car as as security and their goal is to keep you trapped where they're basically continuously getting you're getting your revenue right from from your paycheck or alternatively your your your actual property opportun loans are are unsecured and that's that's the that's the key difference between a payday loan and and again if can you imagine I mean seriously a community development financial institution certified by the Treasury get being a payday lender or that Time magazine what would what would call a payday lender that you see sprouting up in mini-malls didn't write a genius company that that I mean that's frankly it's mind-boggling to me I mean a community development financial institution it was an incredibly rigorous process that the company had to go through there's a certification that they have to get every single year with respect to that and and it's it's in the certification it's in it's in the name so I guess I'm having a little bit of trouble understanding where why we're not seeing the difference between the two between the two types of loans well I'd like to address that because what you're discussing right now is a business model and a difference between the business model of a payday loan as opposed to opportune we're not concerned of the business model itself and I understand and I commend you for the business model that opportunites but what we're dealing with tonight is land use and that's why I asked you to very important questions as to whether you are dispersing funds and accepting payments on those loans because that's what we look at as far as and we're not considering the business model okay so all the dress zoning code things so so your zoning code explicitly provides for waivers from the distance requirements right and so the so in looking at the distance requirements you look to see whether there are any policy reasons why we would provide a waiver in this particular context if from a land you standpoint there were two businesses that were detrimental to the immediate community because they were exploiting people with loans that were counterproductive to development right then from a land you standpoint it makes sense that you would want to have distancing requirements in our particular case we're no different than a bank in terms of the loans that we provide and there I don't think anybody would ever would ever look at who understands opportunity that's why I sent them the letter yesterday I'd like to hear from the rest of our commissioners applause yeah okay did you get what you needed Commissioner Chadda okay commissioners chair the chair yeah I get the sense that there's banks there's payday loans and somewhere in between there's opportune that might be a smaller dollar amount three to three hundred eight thousand whatever their range is in an interest rate maybe it's 20 to 30 something percent maybe it's sixty percent I don't know but the bottom line is it is a land use thing comes back to the separation or code I think Commissioner Schladming was his history has shown how he's voted I feel like it's consistent without IV voting here today Thank You commissioners Tucson yes mr. Chairman I agree with Commissioner slot men and we're here to discuss the variance here for the separation and we've voted in the past not to approve something like this because it doesn't apply with our rule I understand you have a business model it sounds really good but we're not here to deal with that was really not we're just here to look at the variance and you won't have my support tonight and maybe if it goes on to City Council you might have their support but right now the way it stands I have to go with what staff is dead Thank You Commissioner Logan thanks I do echo all the concerns that have been raised tonight and I think I really do think Commissioner cherry hit it on the head your your business model falls in into a crack in our code where we have financial institutions specified in financial institution general and you're not really either one and I applaud your efforts to find that niche between I would say extortionate types of payday lending that we seen that we have in our code that's designed to prevent those from appearing in strip mall after strip mall in a certain neighborhood which we really should enforce and the model that you're trying to propose what I can suggest to you is that you really need to talk to mr. Sommerfeld and you really need to talk to councilwoman Diaz to see if there's a way using the models that you've referenced to in other states that we can have an amendment to allow this kind of mid the business model that you propose that doesn't really fit in between these these two types of uses to see if that's something that we should adopt into our code to allow this type of business to to to go in next to a payday lender and not have to deal with these variances so I would suggest that to you but again I can't support it we can't allow this special use permit if your business fails we still have that special use permit and then another payday lender can move in right next door so I really can't be in support of it tonight but I suggest that you you you reach out and try and find a solution yes mr. chairman just to wrap up I do agree with Commissioner Brogan so I think there could be a way that you could do it and I'd welcome you back in two or three which is my award because it does sound like y'all do have a better program put together but we just don't have we don't have a place to put you a night I can't put you in we can't put you into the category of banks I'm looking at wallet hub who says opportune moment ooh 59% in California so it's not necessarily a bank it's not and I'm not saying that wallet hobbyists correct I'm just saying it's the first thing that I pulled up so we can't put you in one and you might not be at the 400 percent as his gentlemen has come up here and explained so but I do have to follow the way that I have voted historically on these and I encourage you to go find another spot and bring it back forward to us and I'd love to approve other locations and learn more about what what you're doing so if you do bring one back I would encourage you to reach out to us prior to to explain what your application is so we can become a little bit more educated and try helping you through that process but as far as it goes tonight we have to vote I'm going to have to follow staffs recommendation for denial and that would be my motion Katie Ferda motion please cast your vote and then motion carries mr. chairman an item is final action this evening unless appealed to the City Clerk's office within 10 days okay moving on to item number 45 STR 78584 for the possible action for a quest for a site development plan review for a proposed three 39,000 178 square foot warehouse and manufacturing building and they proposed ten thousand seven hundred and nine square foot tavern and banquet facility at two 476 industrial Road Ward 3 staff recommends approval they have the staff report please mr. chairman this is a request to allow a multi building development consisting of a warehouse liquor establishment tavern and banquet facility uses on the subject site the subject site is zoned in for industrial with an L IR light industry and research general plan designation in a subject to title 19 development standards it is also located within area 1 the Design District of appendix F interim downtown Las Vegas master plan area the applicant proposes to demolish the existing inline multi-tenant building on the subject site and construct two buildings which will function as a warehouse and a tavern and a banquet facility owner of the property of the property's plans to subdivide the sites into two parcels at a later time the existing liquor establishment Tavern used on the subject site is non-conforming and was considered abandoned on August 23rd of 2014 the applicant has been granted extensions of time pursuant to title 1914 annually to maintain the use both of the proposed uses for the distribution warehouse distribution center and banquet facility uses are listed as permitted in the industrial zone the proposed development conforms to all title 19 requirements and aligns with the city of Las Vegas downtown master plan is also compatible with the existing development in the surrounding area and the overall vision of the Design District which is characterized by the mixture of commercial services please note that staff has added the following additional condition of approval which states approval of this site of that plan review does not constitute approval of a sexually oriented business in accordance with title 19 12 please note that there are additional letters of support since publication thank you thank you is the applicant present please step forward and give you a name for the record yes good evening mr. chairman and Lord Board of Commissioners my name is Jim de fiori of DiFiore business and if you feel very consulting in business services and I'm here representing the applicant industrial road to four four zero two four nine seven LLC Abraham asil is the manager of that particular LLC and unfortunately he called me this morning and he resides in California and he took ill yesterday and out of caution he decided not to come to Las Vegas today for this particular meeting and unfortunately I don't have any visuals to present to the Commission but I would like to say that we support all the conditions that staff has provided the Commission and we a by it will abide by them in moving forward with this project as you may or may not know since mid mid-1970s this site has been a sexually Orion up until 2014 it was in operation with a little break in between around 2007 the owner mr. sill does now want to go forward with the liquor use and he wants to offer a banquet facility or an event center for it to be leased out he does not intend to be the owner operator he will lease it out and he also release out the the warehouse building as well so that was that that is his intent as of this point and I'd be glad to answer any questions if I can but we'd like to move forward with this particular project you thank you this is notice as the public hearing anybody from the public here wish to be heard seeing none anything on the Thank You mr. Scott I'll turn it over to Commissioner Commissioner slotland yes mr. chairman I think it it fits with the location being on industrial and I have no other comments in your motion can we just make sure that the added condition that staff indicated that's been added that that is accepted did you sir did you hear the Attic condition that staff written to the and to the record yes I did do you agree with that I do thank you I would make a motion on item 45 STR 78584 and moved to approve subject to the edit condition bus stop further motion please cast your vote and a motion carries thank you item number 46 SDR seven eight five nine nine that item is final action this evening unless appealed to the City Clerk's office within 10 days thank you item 46 STR seven eight five nine nine for the possible action and request for a major amendment to that a previously approved site development plan review STR seven six seven zero four four a proposed parking lot and site reconfiguration with a sixteen thousand 121 square-foot a decrease in commercial space with waivers of the parameter landscape buffer requirements at 400 South Decatur Boulevard staff recommends approval staff report please mr. chairman the redesign of the subject site allows for increased landscaping efficient on-site mobility and better aligns to the commercial portion of the site to the Decatur Boulevard commercial corridor due to the large an unusual shape of the subject site edition of affordable housing and use of solar panel carports an infill nature of the project along with the increased amount of trees to mitigate landscape landscape waivers staff recommends finds that the proposed landscaping to be appropriate for the area and recommends approval of the waivers of landscaping therefore staff recommends approval of the site development plan review subject to conditions please note that there are additional letters of protest since publication thank you thank you please state your name for the record Thank You mr. chairman commissioners good evening my name is Bob grown our 1980 Festival Plaza Drive I'm here representing Georgia caucus in Nevada Han you may be familiar with this application or this piece of property in August of 2019 you as a Planning Commission did approve this project the project that you see as I can show you here in the overhead it's approximately nineteen point six two acres it's divided into two two projects here to the north here as I'm pointing to you is the family affordable product and down here to the south adjacent to Decatur and Alta you have the mixed-use for the senior housing and commercial uses on the property itself we appreciate your staff working with us with respect to all the variance to the waivers that we're requesting for and those are because we are going through our drainage technical analysis and there's some adjustments we have to make to the plans itself to reconfigure the site in doing so as your staff has pointed out we are adding more trees we've reconfigured the open space in here to make it more usable for the project itself we're ready to rock and roll with this project very very excited this is an area that needs these type of uses and with your approval tonight we'll be ready to kick off the project very soon so I'm here to answer any other questions that you might have thank you very much this is a public hearing anybody wish from public wish to be heard seeing none here mr. Scott seen done online close it and turn it over to Commissioner Commissioner Rogan Thank You mr. chair I wouldn't know for the record that I previously abstained in August when this matter is before us because my mother-in-law was working with one other project partner she no longer works for them so I'm comfortable moving or voting on this matter and offering my comments the the requested changes are not significant enough that I'm concerned that this is changing the nature of the project there were public meetings held prior to Planning Commission that involved the councilman there were people there that came out and spoke in favor of the project and against the project but we're not here to read aside whether this project should move forward or not we're just talking about these minor relatively minor changes and after reviewing into them and and speaking with the applicant I'm comfortable supporting these these changes so unless there's any further comment I would move to approve item 46 SCR seven eight five nine nine you've heard a motion please cast your vote my screen is frozen so that would be a yay and motion carries and then item is final action this evening unless appealed to the City Clerk's office within 10 days thank you very much and it's good to see all your smiling faces I've been cooped up for for teenagers all day so it's good to see someone else before four kids screaming and yelling all day so have a good one I hope to see another next month at your next Planning Commission thank you next item on the agenda is item 48 citizens participation this is open at this time is anybody wish to be heard seeing none anything online all right motion to adjourn [Music]