CLV 06-25-2019 Planning Commission Meeting
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a good evening we're ready to begin the Planning Commission meeting is called to order this meeting is properly noticed in post and compliance with the Open Meeting Law these proceedings are being video recorded as well as presented live on KC L V cable channel to please know customers of CenturyLink and Cox communication 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 in 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 K Co V in the web the Saturday of the meeting at 10:00 a.m. Monday at midnight and the flowing Tuesday at 6:00 p.m. would everyone please stand for the Pledge of Allegiance would you please call the roll chair cherry president vice chair to salvia Commissioner schlattman present Commissioner Tucson present commissioner of Lingus Commissioner Williams present thank you thank you I call your attention to the information per minute in your agenda concerning our actions in the appeal and review process if appropriate please read this carefully if you have any questions staff is available there are agendas on both sides of the podium here we appreciate you here you to these rules so we can have a smooth meeting moving on to item number four all comments made under this item for specific action will be cross-reference to those items are there any members of the public who wish to speak under this portion of the agenda if not we will move on to item number five can we get a motion for the Planning Commission meeting minutes of May 14 2009 teen mr. chairman would like to make a motion to approve the meeting minutes of May 14 and may 2018 of 2019 there's a motion on the floor please mr. chairman before you vote I'll be abstaining on the on the May 14th meeting because I wasn't in attendance that day Thank You commissioner okay all right please cast your votes please post and I motion carries moving on to our housekeeping items there's any items that Commissioner staff or applicants in the moment members of the public would like to put forward for action does anyone wish to speak in and yet on any of these items I've got a staff for housekeeping mr. chair we have some housekeeping items the applicant is requesting to obey items 10 and 11 to the July 23rd 2019 Planning Commission this is the second of a is request for these items the applicant is requesting to obey items 12 through 14 to the July 23rd 2019 Planning Commission this is the first abeyance request for these items staff is requested to obey item 41 and the applicant is requesting to obey related items 39 and 42 the July 9th 2019 Planning Commission this is the first abeyance request for these items and the applicants requesting to withdraw without prejudice item number 24 thank you thank you this is notice as a public hearing and from the public like to be heard we don't have to do that for housekeeping do we no right no okay s we need a motion Thank You mr. chairman I'd like to make a motion to approve the housekeeping items as read into the record thank you as a motion on the floor please cast your votes did you want to vote verbally Commissioner of Lingus okay I will mark you as a yay okay please post that motion carries moving on to the consent items consent items are consider routine by the Planning Commission B and may be enacted by one motion however any item may be discussed if a commission member or applicant so desires I don't believe I have to read these into the record nope we can just have a motion on the consent that's correct yes mr. chairman I'd like to make a motion to approve the consent items 7 8 & 9 thank you there's a motion on the floor please cast your votes I'll be voting yes Thank You commissioner Fingaz please post that motion carries mr. chairman items 7 & 8 our final action this evening unless appealed to the City Clerk's office within 10 days item 9 will move forward for City Council consideration on the August 7th 2019 agenda thank you moving on to the one motion one vote the finer items that may be considered in one motion one vote they're considered routine non-public and public hearing items all public hearings and non public hearings will be opened at one time any person representing the application or a member of the public or math or a member of the Planning Commission not in agreement with the conditions and all standard conditions for the application recommended by staff should request to have the hider removed from this part of the agenda and we will go to item number 15 s up7 six four five one applicant dad's Bill's bail bonds owner Bonneville center LLC for possible action request for a special use permit for a proposed Bail Bonds service use at 6:08 South third Street or three staff recommends approval item number 16 MSP seven six three five six applicant owner Clark County School District four pause flashing request for a master signed plan for an existing public school primary at ninety 851 Donald Nelson Avenue Ward six staff recommends approval item number 17 V AC seven six three nine one applicant owner victory mission Missionary Baptist Church for possible action on request for a petition to vacate a 20 foot wide alley between East Street and F Street south of Jackson Avenue Ward 5 staff recommends approval item number 18 BAC seven six four four two applicant owner that Howard Hughes company LLC for possible action request for petition to vacate public right away generally located on crossbridge Drive west of Sun Creek Drive Ward 2 staff recommends approval item number 19 BAC 764 for for applicant owner the Howard Hughes companies LLC for poss fashion request for a petition to vacate public drainage easements generally located on the north side of Alta Drive west of sky Vista Drive Ward 2 staff recommends approval and finally item number 20 BAC seven six four five eight applicant owner of the Howard Hughes Company LLC for possible action on a request for a petition to vacate public sewer and drainage easements generally located on the north side of Alta Drive west of sky Vista Drive War two staff recommends approval mr. chairman on item number 15 even though I'll be voting on the rest of them I'd like the record to reflect that I'll be abstaining that's the item 15 my cousins are the owner of those the property yes thank you very much commissioner this was noticed as a public hearing anyone from the public like to be heard in these items seeing no one will close the public hearing go to vice-chair Savia Thank You mr. chairman I'd like to entertain a motion for approvals for items 15 16 17 18 19 and 20 thank you there's a motion on the floor please cast your votes please post that motion carries mr. chairman items 15 16 19 and 20 our final action this evening unless appealed to the City Clerk's office within 10 days items 17 and 18 will move forward to the City Council and be heard as a part of their agenda on August 7th 2019 thank you moving on to the public hearing items we're gonna be pulling forward items number 43 and 44 I will be abstaining from the items my family is in the cannabis industry and we sell to all the dispensaries so I will be upstanding turn over to Vice Chair - Savio Thank You mr. chairman when pull forward items number 43 and 44 and number 43 is su p 75 86 especially you use permit applicant integral doing business as that's ins tropical LLC owner tentative 15 Craig and Taniya for a possible action on a request for a proposed 4,280 square foot marijuana dispensary use at the northwest corner of Craig and Tenaya staff has no recommendation in item number 44 STR 75 85 site development pan review related to su P seven five eight to six public hearing applicant integral doing business as essense Tropicana LLC owner 10 to 15 Craig and Taniya LLC for a possible action on a request for a major amendment to an approved site development plan review for a proposed four thousand two hundred and eighty square foot commercial building on 0.95 acres at the northeast corner of Craig Road and today our staff has no recommendation may have the staff report please mr. chairman the proposed use does not meet title 19 distance separation requirements as a martial arts studio that primarily services minors operates within the subject shopping center this distance separation requirement is not eligible to waived therefore the proposed application is invalid and no action may be taken on a special use permit request in the absence of compelling evidence that this application is valid staff recommends that Planning Commission strike the special use permit application as the application was not eligible for acceptance by plan Department staff however the proposed site develop lan adheres to all applicable title 19 development standards and staff recommends approval by the site develop plan review please note that their additional letters of protest and support since publication thank you thank you J Brown 520 South 4th Street representing the applicant item 43 which will take first is the applicants request as you know for a special use permit for a proposed 4,280 square-foot marijuana use at the northeast corner of Craig Road and today away it's in a c1 zoning district as you heard from staff they've determined that we don't meet the requirements from protected land use Steff states that there is a martial arts studio that primarily services minors within 300 feet of the proposed dispensary the key phrases that primarily services minors a martial art studio is fine but it can't primarily service minors I provided each of you with a letter from the owner of the martial arts studio that addresses the allegation directly the letter is addressed to the city of Las Vegas Department of Planning I call your attention to the very first sentence I quote we are writing to confirm that the primary function of our martial arts studio is not instruction to minors I also call your attention to the last sentence of a letter and I quote as you can see from our online schedule the majority of our regularly scheduled classes are geared towards adult students the owner has no reason to lie or misrepresent to the city the applicant asks that you approve our application for a special use permit and with regard to item 44 there seems to be no issue with the site development plan review as staff supports it and we ask for your support as well thank you mr. Brown this has noticed as a public hearing does anybody from the public wish to be heard on this item please come forward and state your name for the record my name is Gail Roy ball I live at 73 17 Staines Avenue I've lived in my home in Deerbrook for approximately 27 years this year we just recently a couple days ago happened to see the sign that this dispensary would take place I am deeply deeply concerned as a parent as a neighborhood member of this dispensary being in my neighborhood I recently went over to the and this is and with no disrespect if this is your area but had to go over to the I think Sahara or Charleston rainbow area in order to get something from a beauty supply shop over there I had never been there before but as I went over there I noticed that there were several dispensaries right there it was scary it was not a very nice area it is completely run-down and the people that were coming and going made me feel very uncomfortable our neighborhood wants to be a safe neighborhood our neighborhood wants to be one that we don't worry about our children I live across the street from a elementary school which is I think just barely whatever the footage 800 feet away from this area children walk up and down Craig Road over the overpass past this area every single day and so there's a whole lot of land there's a whole lot of area that is not in neighborhoods that I think that would be fine but for our neighborhood I would ask that you would consider that our neighborhood would not help be held in holding a dispensary there I appreciate your time I appreciate your thoughts thank you Thank You mr. ball anybody else wish to be heard on this item please come forward if anybody wants to speak on it there's three mics Jay if you'd step to the side anybody else wishes to speak so we can move it on please come down thank you good evening my name is Denise Tom Jack and I'm a longtime member of Las Vegas grew up here I didn't come here to speak on this subject tonight but I don't live very far from this area I do go to places in that area and I will tell you the opening up of these dispensaries you know we all weren't an agreement with legalizing marijuana and that these places are infusing our neighborhoods and the crap stinks okay Weedon any time you're at a dispensary any time you're around there the smell of marijuana infuses your neighborhoods and infuses your cars it infuses the buildings around it if people want to smoke marijuana go for it it's legal now but why should we as a residents of this city have to put up with the smell of it and this poor lady right here I agree with her if that was coming up in my neighborhood there are beautiful homes in that area there are people that lived in that air for a long time if people want to get high and want to escape whatever reality they're living in go for it but don't put it on us don't expose our children to it don't expose our community to it leave that crap in the seedy part of town where it belongs thank you does anybody else wish to be heard on this item please state your name for the record thank you hi my name is Jill Ferraro and I've lived in Las Vegas for over 40 years I do live in the Northwest area and I do frequent businesses in that area as to the made mention to where the dispensaries are now I frequent that area for my business I do own a wedding flower company and I do go down to the highland area industrial area and there's quite a few industrial I mean quite a few dispensaries down there one of the places that I go to is right across the street from Matt Greenfield wholesalers who spells flowers and right across the street is I think aces dispensary and I remarked to the employees there does it always smell like pot and with that dispensary now and they said it's a constant smell of that so I get that it's in an industrial area but to put something like that into a private neighborhood where it's always being fronted by families and people are that are drawn to that it's it's not the type of traffic that you would want in a more of a residential area and when when I am down in the industrial area picking up my supplies there's quite a few different variety of people going to these dispensaries so it's not lack of them having to come and drive to that because if they want it they will drive to it so you don't need to make it closer where it's at is a great place down in the industrial areas thank you for your time thank you anybody else wish to speak on this item all right hearing none about too late now sorry so my name is Jennifer Cordell and I also live near that area and didn't come to speak on that I came for a different issue however it's real close to homes and even driving on the freeway you can smell the dispensaries from downtown it's highly nauseating it's a nauseating smell and to think that you're gonna bring that into the homes I just feel like yeah we made it a la but we should probably make it a law that it's supposed to be a safe distance from residential areas that's appalling that we would put that back close to homes [Applause] okay see nobody else I'll close the public hearing mr. Brown if you please come forward the only thing that I'd add in response to the neighbors you know there should not be any smell coming from a dispensary and if code enforcement were to find out that there was smell from dispensary that dispensary would have a serious problem in addition to which we all know which you only smoke in your home so you can't smoke in the vicinity of the dispensary also and I'm sure this Commission has heard this in the past security of a dispensary almost is his neighbor's love a problem with this even helps the neighborhood because there's always security around a dispensary with that said we think this location is right by the Craig Road and the 95 there may be residences somewhere around there but not really in close proximity to this location so with that we'd ask for your approval Thank You mr. Brown now I'll turn it over to the Commission good if I could jump in real quick before you discuss mr. freeze and about the permission of the director Sommerfeld there are two issues that you have to decide with respect to item 43 one is the predicate issue is this an even is this even a I'm sorry is this even a valid application you heard staffs report that some time ago they made a finding that this had predominantly and then you have the evidence that mr. Brown submitted tonight in the form of a letter from the owner who states that it is not a an institution that is geared primarily for minors before you get to what the audience talked about they talked about the merits of the application and that's whether or not it's harmonious and compatible with surrounding land use but before you get to that question you need to discuss the evidence before you as to whether or not this is acceptable application and vote on that if the vote is snow it stops there and thought is yes that it is not an institution that you believe is used primarily by minors then you get to issue number two which is the merits of the use permit and mr. vice chair at that point if if there is a finding by this board that this is a valid application then I would ask that you come back to me because then I do need to provide a staff recommendation as to the disposition of the application Thank You mr. vice chair can I just make a disclosure real quick please closure have made for years I've worked on dispensaries production facilities cultivation facilities in the County City North Las Vegas all over this isn't an affect me in a greater or lesser than any other I've supporting a lot of applications to come before us and I've denied applications this come before us too so anyways my I'll have an independence of judgment on this and I'll be able to be vote on this tonight thank you Thank You Commissioner Stockman Commissioner Tucson yeah I want to think that the residents for coming out and speaking and I know this this is a controversial issue it really is and I was over at the martial arts school and there were probably 20 or 30 kids doing whatever they do in martial arts but because this is so controversial and because I believe that this needs more attention I would like to obey this for 30 days so we can actually go into details mr. brown I guess the question would be to you do you have a problem with abeyance for 30 days they have the commissioners was a new council person be able to massage just a little bit and mmm I don't I mean I've of course I'd prefer not to but if that's what Commissioner dasam want that's fine I'm not so sure we shouldn't have a ruling if we could on the martial-arts issue I mean I understand the concern with the neighbors and we should maybe speak with them and that's fine but I would hope you know that either we hear it more from mr. gerbic and agreed that based on that letter that at least we get over the issue of whether or not we have a protective use here I guess we feel we don't but again whatever the Commission you know fields so would you be an agreement with the advance for for the 30 days in order for the new council person as well as the planning Commissioner to to dig a little bit deeper into it because I have concerns with it as well yeah just I don't think you got him there right now so I think dance might be in your best interest great excuse me mr. vice chair also would you agree to a neighborhood meeting so we can address these issues to the people that have concerns certainly that would be my motion okay commissioners you've heard the motion a yes vote is to obey these 43 and do I take him into the date the date of the be 30 days which is 23rd the 23rd July 23rd okay do you concur yes okay we heard the motion the motion is to obey and do easy take it individually 43 or doing both okay so the motion is to obey items 43 and 44 for 30 days July 23rd you've heard the motion and yes voters for the abatement and as well as held a neighborhood meeting and that motion passes thank you thank you thank you guys sure moving on to related items 21 and 22 21 abeyance GPA 7 5 6 6 8 applicant owner Zion Levenger for possible action and request for a general plan amendment from PCD to SC at 83 11 Farm Road Ward 6 staff recommends denial related item number 22 abeyance Co n seven five six six nine four pause fashion request for rezoning from re to see one staff recommends denial can we get the staff report please mr. chairman they propose general plan amendment and rezoning is intended to provide most retail shopping and personal services these areas should be located on the periphery of residential neighborhoods and should be confined to the intersections of primary and secondary thoroughfares along major retail corridors the subject site is not part of the retail corridor found west of Julie Springs Road nor is it at the intersection of thoroughfares the proposed general plan amendment and rezoning would create a commercial parcel almost entirely surrounded by single-family residences staff therefore recommends denial of the general plan amendment and rezoning requests please note that there are updated property photos in your supplemental information packet also note that there are additional letters of protest and support since publication thank you thank you very much can I get your name and address for the record please mr. chairman Nathan Taylor 84 14 West Farm Road representing the applicant mr. chairman you read in 22 as well right the companion item yes mr. chairman before he starts I have performed legal services for the applicants representative so out of an abundance of caution I will be abstaining on items 21 and - Thank You commissioner mr. chairman before I bring it begin my brief presentation so that you guys can get out here early tonight I like to have you a look at the overhead here so I can just kind of orientate you all with with the area so you can kind of understand where we're at and why we're asking for this use if I see it's on the screen now this is the subject property I'm gonna be discussing tonight you will notice that this is while there's residential on two sides of the property you will notice that across the street we have a huge Albertson shopping center right next door where I'm pointing now is a very large daycare center this is farm row which is a very busy street I Drive down the street every day it's a lot of traffic there's a lot of construction going on right now they're building a restaurant on the corner here I won't go in you can see you can see how much commercial is in the area that's my point here is that there's a lot of commercial in the area and we're asking for something that has been asked for before related to this use and I'll go through my my notes here like I said I'm gonna try to be brief I want to explain just a few important facts related to this property my clients purchased this property almost a year ago at that time the property was was in distress it was boarded up they were squatters living in there there were small fires set there were kids breaking in there the landscaping was overgrown among any many other unattractive nuisances which the city can confirm having said that my clients invested over a million dollars into improving and renovating this property keeping that in mind this is a 1.5 acre property the residence is over 5000 square feet during the fall of last year my clients were looking for a way to share this property with others and make it sort of a destination property in that spirit they applied for a short-term rental permit it was approved and they began renting the property earlier this year to say that there were challenges as a result of it operating as a short-term rental would not adequately convey that matter and I've discussed with several the commissioners and they understand some of the unique circumstances can concerning that there were tenants that deceived my clients related to their planned activity on the property issues like the number of people on the premises noise outside after-hours events being held without approval in addition my clients were not aware that tenants were prohibited from holding small weddings or events or birthday parties on the property I wasn't even aware that if I rented a property myself that I wasn't allowed to conduct a birthday party for myself or my family member if I was renting a short terminal so I had to learn myself that that's not allowed once this was brought to our attention by the city in code enforcement and unfortunately my clients decided to do something that I advised them not to do but they did it anyway they relinquished their short-term rental permit they gave their short-term on them back to the city which as you know nobody's applying for short-term el permits anymore because they're only allowed in three-bedroom houses that are owned or occupied this property as far as I'm concerned had a piece of gold and having a short-term rental permit because you can't get one anymore for a property this size so they decided because they wanted to be good neighbors and by the way I live in the area my clients live in the area they want to be good neighbors unfortunately there were a couple of things that happen on the property and they try to get control of it and that's why we're going through this process realizing that the better use for the property would be to utilize it as a banquet facility instead of a short-term rental we did meet with code enforcement and business license and discuss that there were a few weddings booked on the property and we would not be able to cancel them unfortunately that's not something you want to do to a bride just cancel their wedding so we did meet with Mary McElhone and code enforcement and we discussed that there were some things scheduled on the calendar and we didn't want to cancel they pay my clients paid the fine and then we chose not to schedule any more events after that in order to operate as a banquet facility we're required to apply for this GPA in the zoning change this by the way is only the first part of the land use approval process after these applications are approved we will have to come back before this board for a site development review and a special use permit for to allow for a banquet facility some of the neighbors in the area have asked me why is this a better use for the property than a short-term rental the simple answer is that the banquet facility used is highly regulated much more than the STR was as part of the approval process there will be conditions placed on the special use permit and we know this based on talking to city staff there will be hours of operation imposed on this property conducting a banquet facility there they will have to adhere to the city noise ordinances parking requirements among many other things you know that this request is similar to another banquet facility a few hundred yards down the road full disclosure I got married at the Grove which is just a few hundred yards from here The Grove is surrounded completely by residential single-family homes they are able to operate in a cohesive manner with their neighbors and have been for many years I would like to mention we also held two neighborhood meetings the first one which was mandatory because all GPAs are mandatory to hold a neighborhood meeting the second one was voluntary we had 50 people show up to the second neighborhood meeting and out of the 50 people that showed up when we discussed what we wanted to do here with the banquet facility all 50 people were in favor of this application and support the application there was not one person at that meeting opposing this application with all the said we respectfully asked that you vote for approval and I'm available tonight to answer any questions thank you very much thank you very much this was noticed as a public hearing anyone from the public like to be heard this item they see some people we have three microphones they should probably line up yeah if you could if you could please line up I'll give each person a minute I need your name your address your fear for against and why my name is Karen kondou-san I live at 8:33 won Fort Halleck Avenue which is literally behind this property in fact it's right here that's my house and I will tell you as the short-term rental during that time that it was given that and it was obnoxiously loud and kept my children up at night so when I went to the meeting to find out what they were going to change into and that they were going to be having these weddings or parties or things like that but that there would be a cap on the time and they couldn't go all night long and all of those things that I realized that that would be very beneficial for me as an immediate neighbor like I could throw a stone and hit that house from where I live so I would I am definitely in favor of this change and especially because I knowing several of the owners they are respectable people that will follow these rules and weren't able to enforce those rules when those people were doing short-term rentals thank you very much thank you for your comments gonna get your name and address Rebecca - yeah my name's Denise Tom Cech I live a 72 17 Robyn stris Street not only a resident but I also worked in that area I served as a long time administrator at Arbor View High School I'm very familiar with the community and issues within the community i resided in my house philatelic up and down farm this property which is now called Lotus houses had as an eyesore these young men these owners of this home have taken the time energy and financial backing to create something that's more of a pleasant sight to drive by they're trying to make a change in the community and I know historically that home was also going to be purchased by the Hayden family to make as a daycare center so it wasn't always just a home sitting there there was perspectives for that to serve as a business venture also as resident in the community I've seen extreme amount of uncontrolled growth and that Northwest area I'm in the Centennial Hills area before was even called Centennial Hills the overcrowding of the growth in this community is crust over grunt overcrowding in our schools so I'm quite puzzled of why this is becoming such an issue where they beautified the neighborhood there are to wrap up on the comments please we've gone over the minute oh did I really I do get the laundry so anyways in favor of them with proceeding with this change to this property thank you very much for coming out just from Roberts to live at 80 124 Marin Point Avenue I've lived there since November of 2001 I've driven by this house multiple times a day over the years that's been sold three four five six times up to the current owners now a retired in January as the assistant chief over at North Las Vegas police department so very cognizant of what comes in and out around our neighborhood for years squatters homeless drug users breaking into it when it was abandoned I know that this house was out there I don't know how many years ago and the guy who built it was an engineer for the city of North Las Vegas way back when and he left it because the city caught up with him out there I know the owners of the property now very respectful they they intend to do what they say and I recommend that this be approved thank you mr. Roberts thank you for your comments my name is Jennifer oh and I live at 89 24-cell red which is very close to this area as stated before I am in the wedding industry I do flowers and I do know the owners personally and I do know that they have integrity as for when I do do weddings and I contact the venue's I find out from the coordinators what items and restrictions are what things I can do and can't do at them and I know that they're highly regulated and that a coordinator is constantly on staff to make sure everything is going through as planned and to put out or to you know make sure that the guests adhere to those and those that have rented out the place to do so this area is in need of a nice updated wedding venue there's not a lot in this area that I was able to accommodate people in a nice modern area and I am for this thank you thank you for coming my name is Jacob clay I live at 7-7 1-0 racelle Street I grew I've grown up in this area for last 18 years I went to high school less than a mile away from this I'd been going to church bill and that's just a couple inches down on the map I've been around this area my whole entire life pretty much I've had friends who have known people that have done terrible things inside the Lotus house I myself was part of renovating it and taking all the horrible evil things that we found inside of there the amount of transformation has gone to this building and the amount of positive things that it's brought to this community is something that we can't really measure based on what we've seen so far I am for this going through and it's a huge benefit to the community thank you mr. clay name and address please record Deloitte Blanchard I'm at 8:09 to Black Orchid Avenue and in the neighborhood across the street on Farm Road I I would second everything that's been said I'm in favor of this change I've lived there for about five years it has been an eyesore always been boarded up as long as I could remember no no occupants there also I think the other thing that should be pointed out is although this is near residential areas the neighborhoods across the street where I live these are all gated neighborhoods that are fenced in and as well as the other neighborhoods on farm Road that are next to this so these aren't within a neighborhood they're actually the only buildings that are facing farm everything else is within a gated neighborhood so it doesn't appear too in a residential neighborhood in my opinion it fits perfectly with the commercial property thank you thank you for coming out name an address please record Brian Horner 1 0 to 1 5 Radcliffe Peak Avenue yes I'm the owner of Kingdom home remodel we actually had the pleasure to remodel in the home and that we're speaking about tonight and just to give you an idea when we originally came into that home what was going on was as said earlier there were squatters no exaggeration probably over a hundred used needles just as many condoms feces throughout the house had to have a separate third party hazardous cleanup crew come in and take care of it so and it's crazy because right next door is a daycare and this is all going on so when I say earlier that I had the pleasure it really is a pleasure I am a father of three I live less than two blocks away so being able to take something that was so dark and to turn it into something so beautiful I'm definitely in favor of this tonight and thank you for your time thank you mr. horner thanks for coming up name and address please work hello everyone my name is Shawn Ferraro and I was born and raised in Las Vegas I love Las Vegas I lived in the northwest for 17 years 89 24 SATA red is where I lived my wife spoke earlier talked about the wedding flower business my son's help transform that property from what it was before as of what Jacob said they took the evil out of that house and I'm excited to see what's going on in that corner when sprouts came in when China gogo came in and all these wonderful places and now they're building a mega breakfast house what more can we ask for and now a wedding venue that top it all off my wife works in the wedding business and she's been there many many years and there's one thing about Las Vegas we're talking all of Las Vegas it's under serviced on the wedding venues in banquet halls there's not enough and when you do find one they're very very expensive if you go to the Grove which I believe is about a mile and a quarter away which is surrounded on all sides by residential and they've worked in harmony the whole time with the residents they do 500 weddings a year that's just to let you know how underserviced this is and what's nice about this property if it gets ruiz owned it's going to cost we have staff there and then during the business week they'll have their offices in the front thank you thank you for taking the time thank you very much hello my name is Garrett Ferraro I live at 89 24 satellite Avenue and so I grew up going to the high school nearby and I remember in this house is kind of the haunted house that everyone always talked about because it was a good thing for people to go in there to throw rocks and break the windows to break the drywall and to do other promiscuous things in there and so it was definitely a place that attracted the wrong type of crowd but seeing the transformation has gone through and what's going to be used for I think it's very important because sense is no longer going to be a vacation rental property people are not going to be staying there overnight and there's going to be a time where and people are forced to leave and there'll be people that will constantly regulate it and so instead of people being there just to regulate themselves we're gonna have staff oh there will be staff there to regulate so I think it's an amazing thing that we're able to transfer that they're able to transform this to something that's very productive for the community and productive in a good way thank you very much thanks for coming out my name's Stephen perman I live at 8 3 4 4 fort Sedgwick I actually live right against this property in a sound noise of 50 feet which is allowed past the property covers my whole house and in my home I've had opportunities where you've been upstairs in the early evening you know 7 8 o'clock at night and you have the TV on windows closed and you can still hear the noise and the music gets to the plant where my dogs will start barking because they think someone's outside the home so my house has actually been aggravated by this whole process and controlling weddings and events of this home if it's anything like what they plan on doing in my opinion the last event which was June 8th actually they had staff on-site and they still went past 9 10 o'clock and when I called the police to come quiet down after I called the owners and the first thing I was told to contact to quiet down they didn't answer the phone so I was forced to call the police to come out please came out and when they got to my home they actually told me I was one of the multiple neighbors in that community in our neighborhood is not a gated community when the officer showed up he said they are averaging at least twice a week stopping by this property to keep it quiet so my home even with with the noise coming through the thick walls insulation dual pane windows I still can hear the noise I've been in my backyard during the day doing yard work on the weekend even during the week and you could hear the language that comes from the home sometimes I usually work early in the morning to three o'clock in the morning and if they have events going on 10 11 o'clock there's been times where they've had people staying at this home when it was the bed and breakfast where they erased their cars down farm road at 3 4 o'clock in the morning with their exotic cars to us in my household and I know there's a couple other neighbors that may not speak tonight they are against this and for me in my household you have a hard time trying to gets the rest before you go to work the next day Thank You mr. Harmon thank you for coming out hi my name is Andrew Parker I live at 8:30 to 1 4 th Avenue is this property right here directly behind the Lotus house and actually the concerns of the gentleman prior to me are valid I have experienced those same things with noise but I am absolutely a4 for the approval of this because the shift in permit would allow them to obviously have more oversight and properly probably operate this property now I personally am a freelance photographer I am also in the Air Force Reserve I did you know I've done eight years Air Force Reserve in ten years actually Duty lived to this property for last ten years quite honestly these guys are capitalizing on exactly what's that flag stands for or what America stands for it might seem a bit much but to put in you know wedding venue event venue in this neighborhood is doing exactly what I think we should be doing and capitalizing on free enterprise you use utilizing the space effectively right and adding value to the community and I don't see anything wrong with this and and yeah with the noise complaints I think that will stop as soon as this changes apartment and they're a lot operate effectively with a daytime permit Thank You mr. pritter each name and address please Delaney Figueroa I live at 98 66 smokey moon Street I'm actually one of the bride's who may have to scramble with a month to find a new venue I have people coming from as far as the Philippines I'm also a private event planner and I have looked and tried in the last couple of months with the uncertainty about the venue to try to find something as beautiful and wonderful as this property and I have really struggled to find something so I am definitely in favor of it thank you very much thanks for coming out name and address please record hi my name is Jennifer Cardell and I live in the neighborhood write about one more Road over I have lived there for eight years and in question to this whole commercial thing that we see there is a business shopping center right here this farm is a very busy road it's highly unsafe even for kids that family is that bike on it it's not encouraged it's got four or five lames constant construction this is a bar this is all commercial and then ride about down here is a huge plant facility not only like a nursery then here is a church so and like they said previously there are huge walls that block this off so that this is actually perfectly outlined for commercial it would just complete it with the daycare it's right next to as far as I I have heard the complaints about what's been coming in the noise and all that I feel that this change in zoning would really support those that are complaining because the noise would stop the people don't stay there wouldn't have rats like you wouldn't have to stay overnight to monitor whether they're following the rules or not they would have to leave the premises at the closing hour and I really think that that would alleviate a lot of the complaints that are coming from the neighborhood buying so I'm in full support thank you very much my name is Paul Schwartz I just live in the lamplight community which is right just down the road 78 21 and gazebo just echoing a lot what's been said tonight I personally do not know the owners but I have lived in this area for about eight years I have driven by this house all that time there's been many times when my wife and I have looked at it and wondered what in the world is this property doing it's never looked so good as it is now so I just want to echo my support that we do support what the what the new owners are doing with it thank you thanks for coming up an address record please yeah Kevin Sager 793 a lacerated peak much has been said about the beautification of the property in the you know the improvement of the the overall look of the area I won't comment further on that but just logically thinking about the zoning change the only thing that really makes sense to me as a neighbor if you're trying to control some something on a property such as this whether it's private activity or a short-term rental or anything like that is to further regulate it by making it a commercial property and having it zoned as something that you can actually regulate I applaud the owners for realizing that and remain pushing their short-term rental even you know they gave up even though they gave up a substantial financial gain from that this was a golden egg in terms of that they had a lot of high-profile people wanting to rent a property including professional athletes and things like that and as a person in the community I wouldn't I personally wouldn't want that stuff and so I'm highly in support of further regulating it by making a commercial thank you very much your name and address please I'm Ryan Ferraro I live at 89 24th out of red Avenue I am for the rezoning to commercial I went to high school in the area a couple years back and it was very this is like as I like know what I said before this was like a whorehouse people would not do good things there and I knew people who were doing bad stuff there and I am for the change to commercial to keep it regulated and because it has beautified the area thank you thank you very much each name and address for the record please Josh Haldeman 9:02 for Glennis Stargate a lot of just want to echo what a lot of the people have said that the in favor of the commercial development and how there's bar down the street there's a daycare next door and it's really gonna help reduce the noise I appreciate the neighbors that have come out and talking about it because we worship near there we eat near there we shop there and and so I brought forward the change to commercial thank you very much your name and address please Cayden roberts a 24 a Marin point I attended the high school just over a mile away I graduated from there I live in the development just across the street lived there for the past two decades as far as what the owners are doing they've done nothing but made this place beautiful made this attracted more commercial activity since I've lived here it's been nothing but a stain to the area many of the kids that have done the evil stuff in there attended the high school over a mile away not only does it promote more growth it's also brought more commercial activity which is surrounding the area and so on for the approval of the for commercial thank you very much thanks for coming out hi my name is Rochelle Hendricks address is 76 29 hidden gazebo Street I live in the neighborhood that's just right here down the street I my backyard actually is a neighborhood park so my so it my bet my gap back gate opens straight up a new neighborhood park and I want to validate this gentleman's concerns about the noise however I will say the positive is is that once you have something that's regulated with with code and able to be enforced it is it is noise that we can call and it gets it gets addressed immediately quiet time we we've had an issue sometimes with people playing basketball before 7:00 a.m. which we are able to enforce it easily and honestly the noise that we typically hear is going to be family noise and so we we accept out because in my opinion that's that's a that's the type of noise you want to hear versus what could be in this address instead the other thing is that the the type of noise yes it does attract a park like that and we're an area like this it it's always gonna attract we have kids we call kids the security on kids that are smoking pot all the time but it's able to be fully enforced and regulated and I'm for this change thank you very much thanks anyone else from the public like to be our in this item see no one will close the public hearing I'll ask the applicant to come back up give you another minute if you'd like to comment some Chairman had like a 10-minute I'm just kidding this rechanneling the only thing I would like to say mr. chairman again Nathan Taylor a for 14 reform road is and I forgot to mention this but one of the neighbors in support of the application mentioned it I think it is is worth mentioning that now that we've get up the short term rental we're moving toward the banquet facility it is worth noting there will be no one living or staying on the premises like the problems we had in the past with those that rented the property and told us there was gonna be five people and there was 20 and there was noise at 11 o'clock at night so this will that problem and I should have mentioned that in my earlier presentation but other than that I'm here to answer any questions thank you thank you very much I'm going to turn it over to the Commission for discussion Commissioner Toussaint yes I went by this property and I was really impressed I mean really and truly if I was going to have a banquet if I was going to have a wedding if I was going to have an event I would definitely have it there what the people have done to clean this property up was just amazing and you'll have my support tonight yes mr. chairman through you question for planned staff or maybe the director or somebody could somebody explain the reason why we don't have conditions of approval is that due to the fact of this isn't GPA and we don't have those conditions of approval and well we see a sgp in the future if it comes back as weddin facility or wedding chapel or anything of this sort mr. chairman through you so commissioner you don't have conditions of approval because what's before you today is a zone request and a general plan amendment which are not conditional applications once you make that change that changes is set until someone makes a future application to do a zone change you will not have a special use permit for the stated use a banquet facility does not require a special use permit in the ce-1 zone and if they were to do even a wedding chapel that also is a permitted use in a c-1 zone and doesn't have a special use permit so you will not have an opportunity to set hours of operation conditions operational conditions at all the only further application we would expect on this property given what the applicant has stated that they want to use the property for will eventually before they'll be able to come forward for a business license they will need to submit a site development review to convert the residential building into a commercial building but that will be the only future application that could actually come through Planning Commission based on the stated request mr. chairman through you if I may continue that would that require I mean could that be a administrative approval we're just Bob passes the Planning Commission and the general public and or will that if they do something of the sort would it come back to the SDR come back to the Planning Commission what's the square footage sir so the Lots 1.5 acres and the square footage is 5000 square feet yes based on that square footage that may exceed the thresholds for administrative site development reviews but I don't have that an analysis right now so we'd have to look closer at it when they bring that application forward to determine if it qualifies for what we call minor review which would allow us to do it administrative leo riff it would require a public hearing and have to come forward to City Council our Planning Commission let me ask another question because I it that's interesting point I'll remember in the past we have banquet facilities in the Arts District I think on potentially on commerce or Main Street here within the past three years and I could this one that they had a special use permit so is there a particular time when a banquet facility would require special use permit and other times said it wouldn't require a special use permit mr. chairman through you so it looks like we last updated the banquet facility components back in November of 2011 so I don't know that there's been anything recently what you may be thinking of is if the application if at some point they decide to hold a liquor license on this location so if they were to choose to have alcohol as a component that they own versus doing something where a liquor caterer brings in alcohol for the special events that they hold at that point the location will require a special use permit for the alcohol component if they choose to be responsible for alcohol themselves okay all right well I think I understand this a little bit better I mean the building let me just ensure one last thing so will they be required to go back and convert this from a residential structure to commercial structure and go through that since there's no condition that we can put on in the serial trigger for that because I mean I'm looking back from 2008 that was the last permit pulled on on this permit on this project and if they if they've done significant improvements over the past couple of years I don't know mr. chairman you to answer that question commissioner there are requirements through the Southern Nevada Health District then my clients will have to meet related to the new use and so to answer your question yes there will be have some significant changes that must occur from the Health District okay further through you mr. chairman so so my staff just sent me an email so yes so after this zone change this this house will be able to still be used for residential until such time as the applicant wants to move forward with the commercial use of the property once they come forward to do to try to do the commercial use in terms of getting the business license to conduct a business at this location they will have some additional applications so because as a residence it meets the re standards but as a commercial building it does not meet the c1 standards they not only will have to come forward for a site development review to convert the building into a commercial building but because it doesn't meet the c1 standards they will need to come through for some variances to clean up some residential adjacency issues and it looks like they're probably going to be a setback issue and there's gonna be some landscaping requirements because now that it's gonna be commercial it's held to a different standard okay so it looks like we're gonna see but again that does not proper a tional conditions that will be development conditions that they'll have to meet at that time the business license and would still have teeth I mean they wouldn't they still have their own own rules so they have to follow with per Tuttle six right correct they will have to adhere to whatever title six rules for the the specifics of the business operation that they do bring forward for staff review okay I think it's nice looking building I think you were cut out converting this you know that's what I my company historically has done in the past with a lot of buildings so it's possible I know it's possible but you're gonna have a little bit of work cut out for you I just wanted to make sure we had two mechanisms in place to you know cover us with building and safety and fire and all that all that jazz but that's something that we really don't look at today we're looking at it from a planning perspective and if it's right for the area or not and shockingly we've heard from a lot of residents on both sides so it was good to hear from everybody and appreciate everybody coming out and expressing your opinion stay thank you thank you and just to kind of keep the conversation going a little farther I hope it's understood by going to see one that a year from now the banquet facility might not be there and another use that could easily qualify under the see one could come there so the neighbors should understand that and hopefully the applicant has briefed them like they briefed him on other things cuz that that's a more looking at today's his own change and I will say because I owned a banquet facility in the Las Vegas Valley and we we did it in four hour blocks and when it came to eleven o'clock and the person wanted to go another hour they paid their $1,500 or thousand dollars whatever it was they wanted to go another hour they paid us again so it is you know to say the noise is gonna stop it doesn't mean it's gonna stop and we don't regulate it any differently if I understand that correctly when it comes forward from what it is today to what it would be in the future correct there's no difference in the noise regulation that would apply it was being operated as a short-term rental versus what it would be required to adhere to as a future potential banquet facility and I just wanted to get that out there because I do appreciate the support that comes out and it is important that neighbors understand both sides of what can happen so I'll pass it on to Vice Chair Thank You mr. chairman and again you heard what mr. Summerfield's stated and you heard with the Chairman cherry stated this c1 zoning and just the statement you guys gave I'm all for what the my board wants and the owners I know I've been in their house multiple times we've had meetings we sat down but I got I got to make sure you guys understand this you're you're specifically asking for this residential property to go to c1 which once we do that we have zero control over whatever that operator or that homeowner at that time decides to do with that property and c1 can be a multitude of different commercial businesses just want you to understand that number one number two I can't sit here nobody up here could sit here and tell you that the noise ain't gonna go on past 10 o'clock or 11 o'clock at night we cannot condition that property so if you were taught everybody here said oh you're gonna be able to control the noise if you change the zoning into c1 that's the furthest from the truth and I want you guys to understand that if you want it I'll make the motion to approve it but be careful what you ask for because you just might get it that's all I'm going to tell you because everything I heard up here is a polar opposite of exactly what you guys are trying to circumvent so if you guys are fine with it I have no problem but I just wanted to make sure that it was clear and on the record mr. Sommerfeld stated it chairman schlattman raised a question the chair cherry reiterated and I just brought it up again I just want you to understand that like I said I think the owners and the operators are great people I met with the numerous times they've even helped me out on a couple of cases where mail was sent to the wrong location but I want to just you guys understand this does not stop the noise this does not stop the traffic if anything it might just intensify it I'm not saying it would but it possibly it going down that road so I just want you to understand that if there's no other comments I'll make a motion to approve but like I said careful what you ask for you just might get it that's my motion okay there's a motion on the floor please cast your votes please post Thank You commissioners a motion carries thank you make a motion for approval on item number 22 there's a motion on the floor please cast your votes please post and I motion carries mr. chairman those items will move forward to City Council and be heard as a part of their agenda on August 7th 2019 thank you very much moving on to related items number 23 through 26 23 Amancio n76 236 applicant weaned wheeler RV mini-storage owner Stephanie Evans at all four paws watch and request for a rezoning from PR to see one at 1333 our ville Street Ward one related item number 25 abeyance su p76 3 104 pause watch and request for a special use permit for a proposed mini storage facility use Ward 1 staff recommends approval and finally related item number 26 abeyance SDR 7 6 2 5 0 4 pots fashion request for site development plan review for proposed three-story 292 unit mini storage facility consisting of two buildings for a total of fifty seven thousand nine hundred square feet with waivers to allow a zero foot landscape buffer adjacent to the north in South property line in a zero foot landscape buffer adjacent to the portions of the east property line where eight feet is required staff recommends approval commute the staff report please mr. chairman the subject segment of our bill Street has over time transition from residential uses to office uses the proposed rezoning would follow this trend towards more commercial applications and be compatible with existing developments along our Ville Street the proposed mini storage facility meets all title 19 requirements except for landscape buffer along portion of the size perimeter and landscape materials within the parking lot and adjacent to the East property line despite the waiver and exceptions the Development Corp incorporates additional planners and a screen wall to buffer the facility and parking lot from neighboring properties in the right-of-way therefore staff recommends approval of all applications thank you thank you very much good evening Jennifer lousy 1980 Festival Plaza Drive here tonight on behalf of the applicant first let me take a moment to thank staff for working with us on this application we appreciate the recommendation of approval we also worked with an adjacent neighbor to address some of their concerns regarding the setback with as well as some landscaping we have provided those plans to staff and as we stand before you tonight we appreciate their recommendation of approval and I'd be happy to answer any questions thank you very much this was noticed as a public hearing aid owner from the public like to be heard in this item seeing no one I will turn it over to the Commission for discussion and I will quickly say thank you for working with the neighbor and I understand they talked about the site plan and the intensity of it and the applicant was willing and did scale it back the only question I have is on the north side and the east side is that wall at 8 feet because I believe that's one of the things they talked about wait a minute it is actually YES on the plan that we submitted it shows on the north side new 8 foot CMU wall and on the east side new a foot tall CMU well thank you very much that's I believe what they agreed to and I wanted to make sure it was on the record anyone else have any comments on this item with that I believe I can make a motion okay item number tween 23 AB & Co n76 236 that make a motion for approval please post in that motion carries item number 25 abeyance su P 7 6 3 1 0 make a motion for approval yeah please boast and that motion carries now item number 26 of Asst are 7 6 2 5 0 make a motion mr. chairman we just realized we have a condition that requires a six-foot wall maybe we should remove that condition if the new plans show an eight-foot wall yeah and mr. chairman if I could just add so the portion of this plan shows a new 8 foot tall CMU block wall and then a portion of it shows an existing scene 6 foot tall CMU block wall on the north and east on the south and I don't believe anybody is asking for a taller wall over there it is a 6 foot a new 6 foot tall CMU block wall all the way across on the on the south so I think we do want to keep the 6 foot tall wall on the south on and I obviously I turn it over to the Commission and you can tell me what you want to do it looks like on this plan we have very small portions of the plan that show an existing 6-foot block wall and then we are proposing a new 8 foot tall block wall so I'm not entirely sure how we what we do with the existing six foot tall portions on the north and east side okay well I think we'd like to see it I'd like to see it 8 feet the the portion to the south I did that owner came before the last Planning Commission and had his own change to see one didn't bring up any issue specific to the to the wall there Ken so I don't have any issue there it's really just to the north into the east and this item goes on to City Council I believe and so if I could commit to just make sure that we can do that we can add the courses on to the 6 foot tall portion as we go on to City Council if we can do it yes but I just want to make sure that we can do that so I understand the intent of the condition and I need to make sure it works ok ok so it's it's a motion with that condition change on there and then I I guess in between annual yeah confirm so would staff like to read in the condition mr. chairman just a question mister yeah for clarity so if if the the existing owner of that block wall does not give them the permission to add two more feet to that wall are they still going to be held up to an 8 foot wall within 3 inches of the existing wall correct mr. vice chair yes the the requirement is that there be a a wall and if the if the neighbors can't come to agreement then the applicant is ala gated to construct the wall mr. chairman if I might instead of editing this condition at this point if I if staff will take under direction the requirement that the north and east wall be 8 feet and we will update condition number 5 of s TR 7 6 - 5 0 will work with the applicant to determine about that other portion of the wall and have a condition for city council that reflects your intent and requests if that's acceptable yes that is acceptable and it is my understanding that the applicant has met with the owner and that's what they did agree to as well this parts going to the 8 feet so okay so I will make that motion with that but the director has just said there's a motion on the floor please cast your vote please post and that motion carries and mr. chairman has stated those three items will move forward to City Council and be heard as a part of their agenda on August 7th 2019 thank you very much moving on to related items 27 through 30 27 abeyance tree notification var 75 80 to 85 to applicant Fisher brothers owner integral partner spark place center Las Vegas LLC for possible action request for a variance to allow 921 parking spaces where 2869 parking spaces are required at the southwest corner of Sirius Avenue and Rancho Drive War one staff recommends denial related item number 28 su P seven six three six two four possibly and requests for a special use permit for proposed two hundred thirteen thousand seven hundred forty eight square foot liquor establishment used Ward one staff recommends denial related item number twenty nine su P seven six six six three four possibly and request for a special use permit for proposed two hundred thirteen thousand seven hundred forty eight square foot and nightclub use Ward one staff recommends denial related item number thirty abeyance re notification SDR seven five eight five four four plus watch and request for a major amendment of our approved site development plan review for proposed 7776 square foot indoor floor area addition to an approved two hundred five thousand nine hundred seventy two square foot commercial recreation amusement development and proposed expansion of the parking lot area award one staff recommends denial Queen at the staff report please mr. chairman the applicant has proposed a seven thousand seven hundred sixty seventy six square foot expansion to the existing commercial recreation establishment in addition to entitling the entire facility as a tavern and nightclub in order to accommodate future tenants and provide them flexibility in programming for their floor plans which would not necessarily include all the available square footage nevertheless staff is unable to support an addition and two additional land uses that intensify the previously approved alternative parking analysis and staff is recommending denial of all applications please note additional letters of support and protests have been received since publication thank you thank you very much get your name and address for record please good evening again Jennifer lousy nineteen eighty Festival Plaza Drive here tonight on behalf of area 15 for the two new planning commissioners who have not heard me talk about this project over the last couple of years if you can give me just a minute to do a little background and then I can explain the applications area fifteen you may have seen it if you're on the 15 driving right near Palace Station it has come up it is vertical now and we kind of describe it sometimes as Burning Man in terms of the art that you may see it burning man meets CES with the electronics and things like that in today's mall environment it's very difficult to do bricks and mortar stores it's a lot of entertainment based activity that we're seeing and the Fisher family is proud to bring this project to Las Vegas to our knowledge it is the only one of its kind certainly in the United States and maybe even in the world it is based entirely around the concept of entertainment our major anchor tenant as of today is Mia Wolff many of you may have heard of Mia Wolff it is out of Santa Fe New Mexico it's an art installation and very difficult to describe but really pretty amazing and and so Mia Wolff is going in for sure we do have a food hall use that has a very known chef that has signed on to provide the food there and we are getting daily interest for additional tenant space that leads me to the the first part of this application which is for the 7700 roughly square foot expansion of the mezzanine level that is for a prospective tenant who has signed a lease with us called Emporium they currently have a location in Northern California and their concept is a Barcade they are a bar but they also for entertainment have a lot of video games in my generation that was pac-man and Frogger and I'm sure there's a number of that I don't even know but it's kind of that concept that they would have in there and that leads me into the next couple of applications which sound probably bigger and grander than they really are but it then triggers the parking variance so when we were looking at the definition of nightclub and specifically as it related to the types of applications we may need for Emporium we read the nightclub definition and I just want to take a minute to read it and that'll explain why we're asking for essentially a nightclub across the entire building an indoor/outdoor drinking dancing or entertainment establishment that conducts its primary business after dark has a dance floor or open area free of tables and chairs that would allow dancing or assembly occupancies and has sound equipment to allow live or recorded music played for the purpose of dancing whether or not dancing actually occurs so based upon that definition which is understandably broad for various reasons all of area 15 on the inside potentially fits into that definition that doesn't mean it's a nightclub in the traditional sense that we're used to maybe seeing on the strip but it does mean that for example the Emporium yeah they will have an area and sometimes they'll bring in a band or sometimes they'll have a deejay people might dance or people might not but because of all of those factors they become for the city's purposes the definition of a nightclub within the center part of our area 15 we have a spine bar or lumbar again we anticipate playing music in that area people may or may not dance there will be alcohol we hope as I get to the explanation of the next application and that triggers the idea of this nightclub use so when when we talked about doing that just as kind of a blanket land use across the whole site to give us flexibility on the tenants it then triggered a different calculation in terms of parking so that leads into the parking variance and the parking variance looks quite excessive but I will tell you that it is similar to something that this Commission has seen somewhat recently which is circa downtown they applied for I think it's a six hundred thousand square foot nightclub again not under the idea that the entire building would be a nightclub but they wanted the flexibility and with that definition being as broad as it is it's just safe to apply for that across the board we do not believe that we will ever even utilize the amount of parking which is nine hundred and twenty one spaces that we're currently showing we are in the process of doing other studies and other applications that are being heard at the City Council level where we believe more than fifty percent of the people that come here will be tourists and while we hope the locals embrace this and come and we want them to come we do believe it's going to be heavily visited by tourists who will get there through other means of transportation rather than just bringing our car there and parking and using one of those spaces so while the parking variance looks large it is not in theory meant to be as large as it is because the nightclub use calculates it slightly differently and then the final part of this application is the special use permit for the tavern interestingly when we originally started area 15 a couple of years ago there was an existing tavern right down the street on Sirius called boomers and we were would be unable to ask for a tavern application because of the proximity to that other tavern that was already there so we commenced and got approved and it's in your code today in title 19 point one 2.0 7 Oh a provision that would allow literally because of our size an outdoor amusement area of this size to apply for a general on sale that's business license terms but a general on sale license or in land use terms a tavern light a tavern land use application we'd always contemplated that we were gonna ask for that use across this entire site excuse me across this entire building because we have several tenants and they're all coming in with different concepts one of the tenants that's approaching us is a jazz bar they may just want beer and wine Emporium will likely be more your traditional tavern - the gaming but that will have a full bar but no food or little food again we'll have a food hall in there and the spine bar so we've got a lot of different concepts coming forward and we think that the tavern use permit allows us flexibility with how to place those tenants in there with different types of liquor licenses so I we agree to disagree with staff on their on their recommendation for denial I certainly understand why they had to do it but the application actually looks worse than it is and I hope that I have explained really what the application is about and I'd be happy to answer any questions thank you very much this is noticed as a public hearing anyone from the public like to be heard on this item seeing no one I will close the public hearing turned over to the Commission for discussion I can quickly jump in and say it it is a little deceiving on the notification when it's across the entire use I do remember when it came across with circa how they had to there was still kind of programming and live music can move from different parts of the property and to have that flexibility on something this isn't like a shopping center where it's a set retail tenant and you know where it's gonna be and that's where it's gonna live it's a it's an amusement property and so I I don't have any issue supporting the applications that are forward Commissioner solvent yes what mr. chairman through you I I kind of understand what's going on here and I do understand stuff and they're reported I mean it's what our code in ordinance states but the Senate wants to save is eight a million times say it again tonight I don't understand the nightclub license don't like the nightclub license I think it should be abolished I think we should get rid of it here in the city is not adding any any benefit to us that anybody here at the city can tell me no I mean we're surrounded with some smart people and they're all gonna go in the back room and there I'm tell me all these brilliant reasons why we need it but operating des urban wounds for years and then I found out people were dancing inside of my lounge and so now I'm a nightclub and Sam or Commissioner Jarry chairman say I think I think he you have a nightclub and and we get to circa and we're talking about six hundred thousand square foot nightclubs and then it just scares people and scares people when they hear a nightclub at area fifteen and it's just not a nightclub I mean because people were dancing things such as that so those are my opinions you mister some of the director I'm gonna let you go ahead and say a few things mr. chairman I just want to for the record we have heard you commissioner and in part highlighted by the example that the this particular application in circa brought forward staff is currently working on some options for City Council to consider to kind of bifurcate projects like this from the broad approach that our current nightclub ordinance applies because your you are absolutely corrected it is a little misleading when you see a project like this like circa where it's really not what's on paper and so where we are and we have heard you talk about this so we are working on that and we'll hope to have something before planning commission sometime in the next couple months for their consideration oh sorry mr. chairman if I may just wrap up by I appreciate director some film the rest of our plane stuff here Jared Mason you always listen to what we say and you know take that back to the planning department and draft these amazing ordinances and bring them to us so thank you for doing that and I think I could be in support of this tonight and based on everything that we've heard Thank You mr. chairman Thank You commissioner I guess just one quick question for staff so it's all through business licensing regulated the same way they still come and do their inspections is there like a map that the applicant submits so they know where to go at some point that where this is landed so it's very clear at that point mr. chairman yes when they submit for their business license they have to submit very detailed floor plans that well to the exact square foot delineate the exact area and how large it is and where the alcohol and nightclub activity is going to be restricted to so it's clear when there is an inspection where it's very clear yes seeing no other lights I'm prepared to make a motion unless Commissioner Schladming would like to please do sure on item number 27 the band screen notification var 7-6 7-5 one-second 7/5 8/5 to move to approve based on testimony tonight subject to staff's conditions thank you there's a motion on the floor please cast your votes please post that motion carries and mr. chairman on item 28 s gp7 636 - moved to approve based on testimony tonight subject to staffs conditions motion on floor please cast your votes please post in a motion carries yeah mr. chairman item 29 SCP seven six six six three moved to approve based on testimony tonight and subject to Steph's conditions thank you as a motion on the floor please cast your votes please post that motion carries yeah mr. chairman on item number 30 based on testimony heard tonight I would move to approve subject to staffs conditions thank you as a motion on the floor please cast your votes please post that motion case and mr. chairman those items are all final action this evening and less appealed to the City Clerk's office within ten days thank you very much thank you moving on to items related items 31 and 32 31 gon 76110 applicant owner Alberto Ian Murcia G aqua Valle for possible action and request for rezoning from PR to c1 at 8 28 26 830 Easton Boulevard Ward 3 staff recommends approval related item 32 wvr 76111 for possible action request for a waiver to allow a 4-foot side yard setback where ten feet is required Ward 3 staff recommends approval coming into staff report please mr. chairman staff supports the rezoning and waiver applications as these request support the goals of the redevelopment plan and the vision 2045 downtown master plan to redevelop and revitalize the area through the rehabilitation of existing architecture while intensifying the commercial uses adjacent to Charleston Boulevard please note additional letters of support and protest have been received since publication thank you thank you very much your name and address for the record please chairman and commissioners George Garcia at 1055 Whitney Rancheria Drive Suite 210 pleasure to be before you we concur with staffs analysis and recommendation be happy to go into any detail or answer any questions if there's anybody from the after I get done wants to speak on the item okay thank you this was notice as a public hearing anyone from the public like to be heard in this item seeing no one we will close the public hearing and turn over to the Commission Commissioner Schladming yes so mr. chairman I have reviewed these items and I'm ready to make motion please do yes mr. chairman on item 31 I have filled in this fits with where the neighborhood's going in Charleston so I'm Zeo and 76110 I moved to prove I mean yes make a motion to approve subject to staff's conditions thank you is a motion on the floor please cast your votes please post and that motion carries and mr. chairman on item 13 to waiver 76111 to approve subject to staff's conditions here's a motion on the floor please cast your votes please post that motion carries Thank You mr. chairman those items will move forward and be heard on the City Council agenda for August 7th 2019 thank you moving on to items 33 through 35 zo n76 475 applicant owner George crews Diaz for possible action request for a rezoning from c1 to c2 at 400 West Owens Avenue Ward 5 staff recommends denial related item number 34 SCP seven six four seven six seven six four seven six four possible action request for special use permit for an auto repair garage major use Ward 5 staff recommends denial and finally related item number 35 SD our seven six four seven seven for possible action requests for site development plan review for the proposed 2053 square foot expansion of an existing 1,050 square foot building ward five staff recommends denial can you at the staff report please mr. chairman the applicant is requesting to rezone the subject site in order to accommodate a major auto repair facility which would allow collision repair works such as auto body repair and paint repairs to vehicles over 10,000 pounds and in engine installation where currently these activities are prohibited at the existing minor auto repair facility in addition the conditional use regulations for auto major auto repair facility prohibits the use from locating adjacent to single-family residences thus resulting in the requested special use permit as the subject site shares a property line with the single-family residences to the north staff finds the proposed c2 zoning district and major auto repair facility to be too intense for residential adjacency and is denial of both requests please note additional letters of support have been received since publication thank you thank you very much can you name an address record please good evening chairman and commissioners Edgar Montalvo 22:09 tosca Street Las Vegas Nevada a 9 1 to 8 and I'm here on behalf representing the client the applicant this is the site plan and I'm we've been working is very important for me to let you know that we've been working on this side for about that year we've been working back and forth with the planning staff members and trying to make it work every time that we take a project we take it very personal we don't want anyone we don't take any president who doesn't have any possibilities but we don't take any projects where he's gonna be a hazard or is gonna be something that is not gonna be for the community by doing so every time that we take a project we also encourage our clients to improve what is the human image and this is a case on this project and is it's important also today you know then the discipled and from work the recommendations were wheat was a not the most recent site point so I'm being speaking with Steve strenghtened which is our planner and we decided to show you this I plan we already incorporated all the conditions were problem they have we don't have any problem with that for the approval of this project but also we give it to him so he will see exactly what is happening some of those income in conferences that we have is than for example he was stating that we don't have enough trees on the parking lot where we couldn't identify it and the reason why we could identify this because he was working on all set of plants and when we show this he said well you're right so this is is not the planet I'm working on some other of the issues that we have is that he was riding on his recommendations then there is no there is no other seat Tucson the neighborhood when we clearly can see we're on this corner we can clearly see them across the street we have a 17 acre c2 property right in front across the street on the street so those are the things and we're working with him right now and the other major issues and they were pointing is that we have on our air our one zone on the northern side of the property so we have used what we're proposing is a it's a a new block wall six foot decorative block wall island on the north property line and we are having an intense buffer every 10 feet 20 gallon trees so we can minimize all the nuisance and we can cause by these use I would like to present as a brief a brief rendering movie then we have for you so you can understand pretty much what is the intent of this project so if you allow me to show it to you this presentation as we've been doing it in some other projects so you can better understand what what is going to happen here [Music] all right I think we get the gist of the of the video yeah in an understanding of the cyclin is there anything else you wanted to add before we go to public hearing no that would be pretty much it stuff the client agreed to keep the iconic canopy gas station making us instead to be removing it we're gonna just enhance that that that cannot be done can be like an iconic iconic point or to the street so that's what we're trying to do right now so we're trying to improve more than doing cutting out a nuisance for 40 40 song thank you very much okay this was donuts as a public hearing anyone from the public like to be heard on the side of saying no and I will close the public hearing turned over to the commissioners for a discussion with Commissioner Williams yes Thank You mr. chairman so I've actually visited the site on two different occasions just to get a better understanding and I mean obviously there's concerns from a just sheer noise perspective what residents being right over a fence and so did I hear you say you're proposing trees to help with that new sensor what's what's yeah to have an intense buffer back there on the north north wing property line we're gonna have a six feet decorative wall so we're gonna be removing all the fences or intent of fences that we have cyclonic iron fences everything we're gonna just install a new six feet tall decorative block wall and then intense buffering with trees 20 gallons everything star F every 10 feet on that on that line so we will reduce in the ne ne we will int is a increase the buffering then we can have there for the neighbors and then we talk to residents no no yet no yet we were planning to meet with them because we didn't know what was the recommendations of the planning I mean on the planning department but we can meet with them easily I don't see they will oppose us right now he's he's very it's not really as we're shall we here so I don't see any anypony beat up click on with me them if it is necessary yeah I mean I got to tell you just really not a fan of heavy commercial you know changing that to a situ backing up to residents residents that live right there and you've actually got a couple different avenues where they're at you know I I'm gonna have to agree with the staff report on this one recommended tonight would you like to make a motion yes I'd like to make a motion for denial on item 7 or Z Oh in 7 6 4 7 5 rezoning there's a motion on floor please cast votes Commissioner Williams on your okay please post and that motion carries I'll need item number 34 and then item number 34 I'd like to make a motion for denial HUP seven six four seven six thank you there's a motion on the floor floor please cast your votes a yes vote is for denial please post that motion carries and item number 35 like to make a motion for denial SDR seven six four seven seven so motion on floor please cast your vote yes vote is to follow staff's recommendation for an anomaly please posted and that motion carries and mr. chairman those items will move forward for city councils for their consideration at the August 7th 2019 agenda I would just ask the applicant to make sure that he works with my planning staff to make sure that we have the most up-to-date plans available for analysis prior to that meaning like now so that we can update the staff report accordingly for council well thank you thank you moving on to items number 36 through 38 var seven six four five nine applicants summon homes of Nevada LLC owner Presidio summit Regina 18 LLC for possible action requests for variance to allow a 10-foot tall retaining wall where six feet is allowed in an overall wall height of 16 feet where 12 feet is allowed on lot 16 of an approved 18 law single-family residential subdivision on the south side of Centennial Park Oh west of Fort Apache Road Ward 6 staff recommends approval related item 37 var seven six four six zero four pause fashion request for vans to a ten foot tall retaining wall where six feet of lap is allowed in an over why high wall height of sixteen feet where twelve feet is allowed on lot 17 of an approved 18 lot single-family residential subdivision Ward six staff recommends approval and related item number 38 var seven six four six one four possum and request for a variance to allow a ten foot tall retaining wall where six feet is allowed an overall wall height of 16 feet where 12 feet is allowed on lot 18 of an approved 18 lot single-family residential subdivision Ward six staff recommends approval can we get the staff report please mr. chair mr. chair I think Commissioner Williams says one more thing for that last night moves on items 33 through 35 I just like to I would recommend at least before the city council meeting ever having a neighborhood meeting with the residents just to get their feel on the project alright thank you thanks commissioner thank you please Robert Cunningham 60/30 South Jones Boulevard excuse me Robert mr. chairman due to existing drainage patterns on the subject site there are no viable alternatives that would allow lower retaining walls for the three Lots in question in addition there are 12 to 15-foot tall trees that help mitigate the views for the neighboring assisted living apartment development staff finds the variance requests are warranted and are not self imposed hardships therefore staff is recommending approval of all three variance request please note additional letters of support have been received since publication thank you very much mr. Cunningham good evening Robert Cunningham 6030 South Jones Boulevard here's where our sights located were directly adjacent to assisted living facility the three Lots in question are in this general vicinity here I also have the grading plan here what happened was when we went through our drain studying it was required that we actually raised the elevation of the street instead it naturally falls away from Centennial but for flood protection they required we elevate that when we did that we tried to work with the back verse or the back portion of this law that ended up becoming elevated it's actually about eight and a half feet above grade but staff being very conservative asked us or applied for ten feet just to make sure there was no need for us to ever come back here we actually have a permit for grading and they started grading the site already so it's under construction so it's really these three Lots here they back up to parking located on this assisted living facility again staff mentioned there's tall trees pine trees and there's actually a power transformer located right here we understand that this is a variance but hopefully the the Planning Commission will see fit to recommend approval of this as well thank you happy answering questions out tonight thank you very much this is notice as a public hearing anyone from the public like to be heard in this item so you know one will close the public hearing vice chair to Salvio mr. chairman if there's no other comments I'll just make a motion for approval okay item number 36 var seven six four five nine motion for approval the motion on the floor please cast your votes please post and that motion carries item number 37 var seven six four six zero motion for approval there's a motion on the floor please cast your votes please post and that motion carries item number 38 var seven six four six one motion for approval it's emotional floor please cast your votes he's posed that motion carries and mr. chairman those items are final action this evening unless appealed to the City Clerk's office within ten days thank you thank you very much moving on to item number 42 var 76 for the zero zero applicant owner of the gun Darren Mendoza for possible action or request for a variance to allow a six-foot corner side yard setback we're 15 feet is required for proposed attached accessory structure and to allow zero foot separation when the main building where six feet is required at 1,400 Comstock Drive award five staff recommends denial its staff pork 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 an accessory structure that fails to meet title 19 standards for building setback in a separation from the primary dwelling staff therefore recommends the denial of the various requests please note that there are additional letters of protest since publication thank you thank you can I get your name and address to the record please good evening Rick Salem five nine six kills for Drive representing the owner what we're proposing is a patio cover located in the side yard attached to the dwelling it is over a existing patio area and barbecue area the structure itself is 37 feet long by 18 feet wide the patio was existing in the barbecue existed now he's coming before you just to build the patio cover the patio cover is complementary to the home it covers the roofing is exactly the same all the stucco is the same and the structure is attached to the dwelling building department and I have had many conversations about that and they agree that we do not need the six-foot separation we are attached so we are rarely asking for the variance for the side yard setback if you have any questions I'd be happy to answer them Thank You mr. Sam this is notice as a public hearing anyone from the public like to be heard in this item seeing no one I will turn over to the Commission Commissioner Williams Thank You mr. chair I'd like to motion for approval on item B AR seven six four zero zero Thank You Commissioner wise as a motion on floor please cast your votes please post and that motion carries thank you very much Thank You mr. chairman that I will move forward to City Council and be heard as part of their agenda on August 7th 2019 thank you moving on to related items 45 and 46 45 SCP seven six four four six applicant owner Charleston Towers LLC for possible action requests for a special use permit for proposed mixed-use development at the northwest corner of Charleston Boulevard and 10th Street Ward 3 staff recommends approval and related item number 46 STR seven six four four eight four posturing requests for site development plan review for proposed eight-story mixed-use development consisting of three hundred and forty three residential units in eight thousand square feet of commercial space with waivers to allow 331 parking spaces where five hundred and fifty two are required a 40-foot residential adjacency setback or 282 is required zero foot landscape for a long portion of the north property line where eight feet is required and a zero foot landscape buffer on the east south and west property lines were 15 feet is required Ward 3 staff recommends approval coming at the staff report please mr. chairman despite the requested way where staff finds that the proposed development Steve's the intent of the vision 2045 downtown Las Vegas master plan which encourages higher density mixed-use development in order to deliver an energetic urban way of life and high quality physical environments for locals and visitors the proposed use also meets the purpose of the live work overlay district along parts of Charleston Boulevard that allows owners and operators businesses to occupy joint living and work quarters in commercial industrial areas where other types of residential uses are inappropriate staff therefore recommends approval of both applications please note that there are additional letters of protest and support since publication thank you thank you very much can I get your name and address to the record please chairman commissioners Jorge Garcia 1055 Whitney Ranch Drive Suite 210 pleasure to be before you even if you'd look at the overhead just to basically give you a better understanding of what the project called the Charleston would look like and again I think we certainly concur with staffs analysis and recommendations and conditions and be happy to answer any questions thank you very much this was noticed as a public hearing anyone from the public like to be heard on the side I'm I see one person I see two people just two people name your name and address the record of your four against good evening your angela's out of Lozado law firm 711 South Knight Street I just learned of this request and I am the property that will be most affected by this because the zero setbacks will actually affect my access to my property I'm moved is there and I apologize as I said I just learned of this so this is a very crude drawing I apologize for this but unfortunately my internet went down today and I could not print anything so the pink is the Lots on 10th Street and 9th Street my property is this orange one that is going to be affected on two sides the only proper parking for my property is accessed through the back through the alley through a very tight gate where it's very hard to pull through and park through that now without a zero setback as is being proposed further the amount of parking that they're requesting the one property here is a Brazil and this is another commercial property there is very limited parking and access on the street anyways due to the driveways that are there there are only requesting 331 parking spaces even though there are 343 units that doesn't include the employments for the apartments it doesn't include the 8,000 square foot commercial any employees that are going to be there as well and then we have a 7-eleven across the road there so my request would be to deny this just solely because of the access that it's going to prevent that I'm going to have to my property like I said this is the only parking available to my property and if we have a zero setback right now 103 is completely vacant there's no fencing there's nothing and it's a very tight squeeze for us to part here unfortunately I did not get to design or do any of this I only purchase my property on May 3rd but is a law office and already that's the only staff parking my clients have to park on the street if we're having to compete with another 191 proposed people it's going to severely affect my business and my access to my property thank you very much thanks for coming out I get your name and address to the record sir chairman commissioners my name's Ron rep I live at 8:23 park for sale in the Jonas park historic neighborhood and I took the time to come down here to voice my could you spell your last name for me rip alright pp thank you thanks mister my opposition is mainly to the landscape buffer that they're trying to ask for elimination of that requirement actually hearing her parking issues that's a really good good reason as well to oppose this taganas Park neighborhood which is immune like Jason this was started by people like me who dreamed that projects like this will come downtown vibrant people friendly we got voted top 10 neighborhood by plans across the nation because of the work that we did and we knew that we were sowing the seeds that could one day make this an interesting area that would attract people that want to do these kind of projects and the way that we did it was all working hand in hand with the city to come up with the plan and that played and let that plan included as a kind of a major component landscaping you know hard edges of buildings no landscaping tough parking things are things that happen in cities but here we have the opportunity to prevent that from happening that's a great time to do it asking for a zero buffer to me in my backyard actually is my my front yard I use Charleston it's kind of a slap in the face to everything that we work for as residents and I know how this works once they get it it's a waiver that starts with the neighbor they're gonna get a waiver and some meals gonna get a waiver and then we're not gonna have any plants or any soft edges downtown it's it's just not gonna I respect that a developer has decided that building downtown on a large scale is a good investment opportunity it is I asked what the work that we did the work that got us here the work that made this a good opportunity be respected as well a simple landscape buffer that's already part of the requirement is gonna help make it vibrant people friendly in the downtown that that jhanas parks been fighting for for a long time thank you mr. Webb thank you thank you for your comments anyone else from the public like to be heard in this scene no one else I'll close the public hearing portion and I'll allow the applicant a couple of minutes for a rebuttal chairman commissioners if we can go to the overhead no we're not we're not eliminating the alley in fact for anything as we go forward the alley will get improved but if you can zoom in a little here you can see this is the alley condition here that alley condition remains it'll be improved if anything else as we go forward so that that will not deny them access to the property that will not change as far as the in the Lance this is project is the sex acts ain't foot that's been previously approved siz this is not the first time this is coming back and changing really a little bit the exterior and the interior layout of building it's really not a difference in the site plan so the lot line configuration the footprint of the building is identical to the previous approvals as far as the landscape buffering if you look at the plan here what we're doing again is not it's not your traditional sort of landscape buffer we're creating an urban street scene so we're creating a plaza conditions we're putting in landscaping trees I think they're about 50 trees wrapping around the site so that we're not having a barren and putting the building literally up against the property there is a urban walking environment that's comfortable Pleasant place to have in the laughs street really we'll have street trees so it's not that there's no landscaping and it's barren it's an urban environment and that's the entire intent of this purpose in this building in the parking is to create that urban environment and a staff acknowledges there's there's going to be public transportation there's the uber and lyft environment there's the the bicycles the motorcycles that we see today all of those are allowed for an appropriate reduction we also have lost setting uses between the commercial and that we're in the residential work some of them are operating during the daytime and some of the nighttime we're actually probably providing more parking than more than probably any of the the law district down there in terms of the ratio and mix that we're providing and with that mr. chairman happy to answer any any other questions of the Commission thank you very much I will turn it over to the Commission for discussion Kishore love it yes that mr. Mena through you thank you very much mr. Garcia can you tell me exactly where the zero Foot landscape buffer is on north property line the the landscaping again is that they we have landscaping here so from the standpoint it's not too traditional is it the area just along along the alley yes yes have no landscaping is in the alley condition to house assist the problem that she that she was referring to we don't want to make that a worse condition and that makes sense that makes sense I mean I had a project come through recently where I had a zero foot landscape setback because I had a sidewalk laden from the city sidewalk up to the front door of the building and so to keep people from walking on landscape and we had to put in that sidewalk which triggered that and I did sometimes sound source and actually is I remember this when it come through it was more intense there was more units and more commercial space if I'm not mistaken City Council approved a extension time like a year ago so this still could be executed in the more intense fashion what we're doing here today is if this gets approved then we're actually expunged and the the old entitlements and we're actually making it work words or less intense projects so taking all those things in consideration considering it was approved by plantain Commission City Council in the past I have no problem supporting this today seeing staffs recommend and approval and I understand some things that you're doing in here it is our urban environment a little bit different than you know something out in Summerlin or somewhere else so anyways no further questions I just had one question in the alley where it's no landscape I see the 24-foot alley and then it looks like just under 16 feet where there's no landscape is that sidewalk there is it the some of this area here you can see again as the paver type treatment so whether that's stamped concrete or whether it's gonna be actual pavers at this point I couldn't tell you but that and that's obviously when we get into the final work with with the with the city on the permitting well the final decisions on that will be made okay question can I show you something yeah I'm actually really excited about this project I went to John s Park I grew up here I went to me for school which is very close to this area and it just makes my heart to sing to see this project and projects like this come forth so you'll have my approval tonight thank you yes mr. chairman on item number 45s GPS seven six four four six moved to approve subject staff's conditions thank you there's a motion on the floor please cast your votes please post a motion carries yes mr. chairman on item 46 SDR seven six four four eight moved to approve subject staff's conditions on the floor please cast your votes please post and a motion carries thank you and mr. chairman those are final actions evening unless appealed to the City Clerk's office within ten days thank you very much moving on to the directors business number 47 txt seven six six two african owner city of las vegas for possible action request for to amend LVM c titled 19.1 two permissible uses and nineteen point one eight definitions and measures to clarify and define distance separation and access requirements and to provide for other related matters staff recommends denial create the staff board please mr. chairman the proposed amendments address wording specific to one or more minimum distance separation requirements in each of the listed uses the amendments are intended to clarify ambiguities in how or to what the applicable separation requirement is to be applied no other issues are explicitly addressed in the emitted more uses in this section staff recommends approval the text amendment thank you Thank You mr. chairman that is is a typo on yours it definitely should be that staff is recommending for approval of this text amendment this is a text amendment at the direction of Council based on an appeal regarding an application where there was some ambiguity about what the word access meant so again this amendment simply addresses that ambiguity we don't make any substantive changes we just clarify what the word access means in each instance it appears in our code this was noticed as a public hearing anyone from the public like to be heard on this item seeing no one we will close the public hearing and if there's any discussion or a motion I'd like to hear it Commissioner Tucson a motion to approve okay there's a motion on the floor please post that motion carries and mr. chairman then item will move forward to City Council for them to here in ordinance ordinance form thank you thank you and final item citizens participation public comment during this portion of the agenda must be limited the matters at the jurisdiction of the Planning Commission no subject may be acted upon by the Planning Commission unless the subject is on the agenda and is scheduled for action if you wish to be heard come to the podium give your name for the record the amount of discussion on any single subject as well as the amount of time any single speakers allowed may be limited Commissioner schlattman yes I had mr. chairman well let's start mister I'll be quick I just want to say thank you for for taking the time to look into that make sure because when I got my little card it said zero landscape buffer on that on that one item and that's why I'm here and I'm glad to see that that's not the case and appreciate all the time that you take to make sure that downtown is becoming the cool place it should be thank you thank you very much Thank You mr. chairman and thank you for coming out here tonight yeah we a sudden this Planning Commission for eight years now and one I missed one meeting it was last week's meeting and two weeks ago no regrets I caught a fifty-pound my my well I'm going on another trip I'll bring you some more but Commissioner Quinn is not here tonight and you know I served on the Commission with her for eight years she was on for 12 years just wanted to say I enjoyed my time working with Commissioner Quinn having her up here I thought she she did a did an excellent job for all those years and she really cared about what the public said she's always concerned about what the what the public's views were she wanted to have neighbor means and she is a very good steward for for board one so commissioner Quinn if you're out there just want to say we're gonna miss you and I may or may not be around for a couple more years but we'll see and that's it thank you very nice where's Commissioner Tucson yes I also would like to thank Commissioner Quinn when I was first appointed to the Planning Commission she was very kind she invited me to her home showed me where to park because she thought I was directionally impaired which she probably was right because I don't know my left and my right sometimes and she helped me along if I had questions I knew I could always go and ask her and I wish she was here tonight so I'd give a big hug and tell her thank you that's very nice she wasn't that nice to me she was very tough on me but I think it was that tough love is what I liked we had a lot of laughs and a sweet goodbye to her from the Commission anyone else like to be heard mr. Kline nothing okay we will adjourn the meeting thank you